8 Vesting of principal trust lands at Parramatta in the Trust
(1) The land described in Part 1 of Schedule 1 vests in the Trust for an estate in fee simple subject to any trusts, estates, interests, dedications, restrictions, easements, contracts, charges and rates (other than those referred to in Part 2 of that Schedule) existing in respect of the land immediately before the land is vested in the Trust.(2) The land described in Part 1 of Schedule 1 is freed and discharged from any trusts, estates, interests, dedications, restrictions, easements, contracts, charges and rates referred to in Part 2 of Schedule 1.(3) The Governor may from time to time, by proclamation published on the NSW legislation website, amend Part 1 of Schedule 1 for the purpose of adding to the land for the time being described in Part 1 of that Schedule:(a) Crown land (within the meaning of the Crown Lands Act 1989) or other land of the Crown, or(b) land of a public or local authority constituted by an Act of Parliament, or(c) additional trust lands.(4) The Governor may from time to time, by proclamation published on the NSW legislation website, amend Part 2 of Schedule 1 for the purpose of adding any trusts, estates, interests, dedications, restrictions, easements, contracts, charges and rates to those for the time being described in Part 2 of that Schedule.(5) A proclamation under this section may contain provisions of a savings or transitional nature consequent on the making of the proclamation (including provisions conferring on the Trust rights and liabilities in respect of trusts, estates, interests, dedications, restrictions, easements, contracts, charges and rates added to Part 2 of Schedule 1).(6) The vesting of land effected by this section does not operate to vest in the Trust any pipeline, cable or related apparatus owned by a person other than the Minister or the former Trust and used for the conveyance of gas, electricity, water, drainage, sewage or any other thing and lawfully situated on the land immediately before the commencement of this section.(7) If an interest in land of a person (other than a public or local authority) is divested by its addition to Part 2 of Schedule 1:(a) compensation is payable for the divesting of that interest, and(b) Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if a proclamation adding an interest in land to Part 2 of Schedule 1 published under subsection (4) were an acquisition notice published by the Trust under that Act.(8) In subsection (7):interest in land has the same meaning as in the Land Acquisition (Just Terms Compensation) Act 1991.
9 Prohibition against disposal or compulsory acquisition of principal trust lands
(1) The Trust must not sell, mortgage or otherwise dispose of any of the principal trust lands.(2) Despite any other Act, the principal trust lands may not be compulsorily acquired except by an Act of Parliament.(3) This section does not affect the operation of section 12 (Grant of leases, easements, licences etc) or section 13 (Further provision for leases and licences of certain trust lands).
10 Acquisition of certain other property
(1) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.(2) The rule of law against remoteness of vesting does not apply to any such condition to which the Trust has agreed.(3) If the Trust acquires any property by gift, devise or bequest, the Trust may retain the property in the form in which it was acquired, subject to any such condition to which the Trust has agreed.(4) Duty under the Duties Act 1997 is not chargeable for or in respect of any gift, devise or bequest made or to be made to the Trust.
11 Disposal of certain other property
(1) In this section:condition means a condition to which the Trust has agreed under section 10.
(2) The Trust must not sell, mortgage or otherwise dispose of any property acquired by gift, devise or bequest, or any property being additional trust lands, except:(a) if the property was acquired without any condition—with the approval of the Minister, or(b) if the property was acquired subject to a condition—in accordance with the condition or subsection (3).(3) If the Trust determines that any property that has been acquired by the Trust subject to a condition is not required for the purposes of the Trust, the Trust may (despite that condition), with the approval of the Minister:(a) sell the property, or(b) exchange the property for other property, or(c) give the property to any recreational, scientific or educational institution, or(d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration.
12 Grant of leases, easements, licences etc
(1) The Trust may, with the approval of the Minister, grant:(a) leases of parts of the trust lands, or(b) easements through, on or in the trust lands, or(c) licences for the use of parts of the trust lands.(2) The Trust may, with the approval of the Minister, impose restrictions on the use of, or impose positive covenants on, trust lands or other lands in accordance with section 88D or 88E of the Conveyancing Act 1919.(3) A lease granted under subsection (1) (a) may not have a term that, together with the term of any further lease which may be granted on the exercise of an option contained in the lease, exceeds 10 years.(4) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919.
13 Further provision for leases and licences of certain trust lands
(1) Despite section 12 (3), the Trust may, with the approval of the Minister, grant a lease in respect of any of the following parts of the trust lands for any term that, together with the term of any further lease that may be granted on the exercise of an option contained in the lease, does not exceed 50 years:(a) such part of the trust lands as was vested by the National Parks and Wildlife (Parramatta Regional Park) Act 1998, immediately before the repeal of that Act, in the Minister administering the National Parks and Wildlife Act 1974 in that Minister’s capacity as a corporation sole,(b) such part of the trust lands as was, immediately before the commencement of this section, used for the purposes of, or for purposes connected with, the operation and maintenance of the swimming pool known as the Parramatta War Memorial Swimming Centre, together with such other parts of those lands as may be reasonably necessary for the purposes of the operation and maintenance of that pool.(2) The Minister is to consult the Treasurer in relation to:(a) the use to which the land referred to in subsection (1) is to be put under a future lease or licence, and(b) the terms and conditions of any proposed lease, or licence for the use of, that land.(3) The Trust must not:(a) call for expressions of interest in the use, under a future lease or licence, of the land referred to in subsection (1), or(b) grant a lease, or a licence for the use, of that land,unless the Minister has consulted the Treasurer (as required by subsection (2)) in relation to the proposed use of the land, or the proposed lease or licence concerned.(4) Further, the Trust must not grant a lease of any land referred to in subsection (1) unless:(a) it has given public notice of the proposed lease in accordance with subsections (5) and (6), and(b) it has considered any submissions duly made to it under subsection (7), and(c) it has given to the Minister, when seeking the Minister’s approval of the terms and conditions of the proposed lease, copies of any submissions objecting to the proposed lease.(5) The Trust must:(a) give public notice of a proposed lease by means of a notice published in a newspaper circulating generally in New South Wales, and(b) exhibit notice of the proposed lease on the trust lands concerned.(6) A notice of a proposed lease must include the following:(a) information sufficient to identify the trust lands concerned,(b) the purpose for which the trust lands will be used under the proposed lease,(c) the term of the proposed lease (including particulars of any options for renewal),(d) the name of the person to whom it is proposed to grant the proposed lease (if known),(e) a statement that submissions in writing concerning the proposed lease may be made to the Trust during the period (which must be at least 28 days) specified in the notice.(7) Any person may make a submission in writing to the Trust during the period specified for the purpose in the notice.(8) It is sufficient compliance with subsection (2) if the Minister:(a) notifies the Treasurer in writing of:(i) any proposed use of the land concerned under a future lease or licence, and(ii) the terms and conditions of any proposed lease, or licence for the use, of that land, and(iii) if copies of any submissions relating to a proposed lease of that land have been given to the Minister under subsection (4) (c)—the substance of those submissions, and(b) takes into consideration any comments received from the Treasurer within 28 days after the notification is given.
14 Requirements relating to grant of licence or easement
(1) No later than 3 months after the commencement of this section, the Trust must publish on an Internet site maintained by the Trust a statement that:(a) outlines the criteria by which the Trust assesses proposals or requests for grants of licences for the use of, or easements through, on or in, trust lands, and(b) states that any person may, at any time, make a submission in writing to the Trust in relation to those criteria, and(c) specifies the number of licences and easements granted by the Trust during the immediately preceding financial year, categorised according to their purpose and impact on Trust lands and (additionally, in the case of licences) their duration.(2) The statement must be permanently available on the Internet and a written copy of the statement must be permanently available for inspection by the public at the offices of the Trust during ordinary business hours.(3) The Trust may update the statement as it sees fit, and must update it at least once in every financial year.(4) In updating the statement, the Trust must take into consideration any submissions received.