Part 5 Dedication and reservation of land
In this Part and in Schedules 3, 4 and 5:area has the same meaning as in the Local Government Act 1993.
council has the same meaning as in the Local Government Act 1993.
ex officio member means a person who is a member merely by being the holder of a particular office.
member means a member of a trust board.
reserve means land which is dedicated or reserved under this Act or which immediately before the commencement of this section was a reserve within the meaning of Part 3B of the Crown Lands Consolidation Act 1913, not in either case being:
(a) a common within the meaning of the Commons Management Act 1989,(b) land within the meaning of the Trustees of Schools of Arts Enabling Act 1902, or(c) land, or land of a class, in respect of which an order under section 79 is in force.reserve trust means a corporation constituted under Division 4 and appointed as trustee of a reserve or part of a reserve.
trust board means a trust board appointed under section 93.
79 Order declaring land not to be reserve
(1) If the Minister, by order published in the Gazette, so declares, land, or land of a class, specified or described in the order is not subject to the provisions of this Part.(2) The Minister may not make an order under subsection (1) unless at least 14 days have elapsed after notice of intention to make the order has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.
80 Power of Minister to dedicate land
(1) The Minister may, by notification in the Gazette, dedicate Crown land for a public purpose.(2) The dedication takes effect on publication of the notification.
(1) The Minister may, by notification in the Gazette, add Crown land to any land dedicated under this Act.(2) On publication of the notification in the Gazette:(a) the added land becomes part of the dedicated land,(b) the added land becomes subject to the same dedication and trusts as the dedicated land,(c) any rules, regulations or by-laws applicable to the dedicated land become applicable to the added land, and(d) a reserve trust which is trustee of the dedicated land becomes trustee of the added land.
82 Tabling of proposed dedication or addition in Parliament
An abstract of a proposed dedication of land, or proposed addition to dedicated land, under this Act shall be laid before both Houses of Parliament at least 10 sitting days before the dedication or addition is made.
83 Effect of dedication on reservations
(1) Land may be dedicated or added to a dedication of land under this Act even if it is already reserved.(2) On publication of a notification of a dedication or addition of land under this Act, any reservation under this Act applying to the land is, to the extent that it applies to the land, revoked.
(1) The Minister may, by notification in the Gazette, revoke a dedication made before or after the commencement of this section, but only if:(a) subsection (2) has been complied with, and(b) the proposed revocation has not been disallowed under subsection (3).(2) This subsection is complied with if:(a) notice of the proposed revocation is published in the Gazette, and(b) a copy of the notice is laid before each House of Parliament within 10 sitting days after its publication.(3) Either House of Parliament may pass a resolution disallowing the proposed revocation if notice of the resolution is given within 14 sitting days of the House after the copy of the notice published in the Gazette is laid before it.(4) On publication of the notification in the Gazette, the land affected vests in the Crown and becomes Crown land within the meaning of this Act.
(1) Land shall not be dedicated unless the Minister is satisfied that the land has been assessed under Part 3.(2) No assessment is required if the Minister:(a) is satisfied that it is in the public interest to dedicate the land without assessing the land under Part 3, and(b) in dedicating the land, has had due regard to the principles of Crown land management.
A dedication of land may be revoked even if:(a) after dedication, a Crown grant has issued or a folio of the Register has been or is created, or(b) before dedication, the land had been alienated by the Crown and subsequently resumed, purchased or otherwise acquired by the Crown.
87 Power of Minister to reserve land
(1) The Minister may, by notification in the Gazette, reserve any Crown land from sale, lease or licence or for future public requirements or other public purpose.(2) The reservation takes effect on publication of the notification.
(1) The Minister may, by notification in the Gazette, add Crown land to any land reserved under this Act.(2) On publication of the notification in the Gazette:(a) the added land becomes part of the reserved land,(b) the added land becomes subject to the same reservation and trusts as the reserved land,(c) any rules, regulations or by-laws applicable to the reserved land become applicable to the added land, and(d) a reserve trust which is trustee of the reserved land becomes trustee of the added land.
89 Effect of other reservations
(1) Land may be reserved or added to a reservation even if it is already reserved under this Act.(2) On publication of a notification of reservation or addition to a reservation, any other reservation under this Act applying to the land is, unless the notification expressly provides otherwise, revoked to the extent that it applies to the land.(3) The revocation of a reservation does not affect any other reservation which includes all or part of the same land.
(1) The Minister may, by notification in the Gazette, revoke the whole or part of a reservation of land under this Act.(2) The Minister may not publish a notification under subsection (1) unless at least 14 days have elapsed after notice of intention to publish the notification has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.(3) The revocation takes effect on publication of the notification in the Gazette.
(1) Land shall not be reserved unless the Minister is satisfied that the land has been assessed under Part 3.(2) No assessment is required if:(a) the reservation is from sale or for future public requirements, or(b) the Minister is satisfied that it is in the public interest to reserve the land without assessing the land under Part 3 and, in reserving the land, has had due regard to the principles of Crown land management.
Division 4 Formation of reserve trusts
(1) The Minister may, by notification in the Gazette, establish and name a reserve trust and appoint it as trustee of any one or more specified reserves or any one or more parts of a reserve.(2) A reserve trust established under subsection (1) is constituted by this Act as a corporation having as its corporate name the name assigned to the trust in the notification of its establishment.(3) The Minister may, by notification in the Gazette:(a) dissolve a reserve trust, or(b) alter the corporate name of a reserve trust, or(c) revoke the appointment of the reserve trust as trustee of any one or more specified reserves or any one or more parts of a reserve.(4) A reserve trust has the functions conferred on it by or under this Act.(5) A reserve trust is charged with the care, control and management of any reserve (or any part of a reserve) of which it is appointed trustee.(6) The affairs of a reserve trust are to be managed:(a) by the Minister, or(b) if a trust board is appointed under section 93—by the trust board, or(c) if a corporation is appointed under section 95—by the corporation, or(d) if an administrator is appointed under section 117—by the administrator.(6A) In this Division, a reference to a reserve trust manager is a reference to any such trust board, corporation or administrator.(6B) More than one reserve trust manager may be appointed to manage the affairs of a reserve trust in different respects, or in relation to different parts of the reserve, as determined by, and in accordance with the arrangements (if any) determined by, the Minister.(6C) If more than one reserve trust manager is appointed in relation to a reserve trust in accordance with subsection (6B), each reserve trust manager has the function of managing the reserve trust only to the extent to which it has been appointed and is, for the purposes of this or any other Act or law, taken to be the reserve trust manager to that extent only.(7) If a reserve trust is appointed as trustee of more than one reserve (or more than one part of a reserve), a reference in this Part to the reserve (or part of the reserve) in relation to the reserve trust includes a reference to any one or more of the reserves (or any one or more of the parts of the reserve) of which the reserve trust has been appointed as trustee.
A trust board shall consist of at least 3, but not more than 7, members (none of them being a corporation) appointed by the Minister by notification in the Gazette and such number of ex officio members as are so appointed.
94 Matters affecting members of a trust board
(1) Schedule 3 has effect with respect to the members of a trust board.(2) Schedule 4 has effect with respect to pecuniary interests of members of a trust board.(3) Schedule 5 has effect with respect to the procedure at meetings of a trust board.
95 Appointment of corporation to manage reserve trust
(1) The Minister may, by notification in the Gazette, appoint:(a) a council,(b) a corporation constituted by or under an Act providing for the holding, managing of or dealing with church property, or(c) any other corporation (including the Ministerial Corporation),to manage the affairs of a reserve trust.(2) A corporation so appointed has power to accept the appointment and to exercise all the functions of a manager of a reserve trust despite the provisions of the Act by or under which the corporation is constituted.(2A) A corporation may be appointed as the manager of a reserve trust for such term as may be specified in the notification of appointment or by any subsequent notification.(2B) The term of office of a corporation that has been appointed as the manager of a reserve trust may be extended by the Minister from time to time by a further notification in the Gazette.(3) A council may not be appointed to manage a reserve trust if the reserve is wholly or partly within the area of another council, except with the consent of the other council.(4) A document is sufficiently executed by a reserve trust managed by a corporation if it is executed under the seal of the corporation instead of the seal of the trust.
96 Vacation of office by corporate manager
(1) A corporation which is the manager of a reserve trust vacates the office if:(a) it resigns its office by writing under its seal addressed to the Minister, or(b) it is removed from office by the Minister, or(c) it completes a term of office and is not re-appointed.(2) The Minister may, by notification in the Gazette, remove such a corporation from office at any time.(3) If a corporation, whether appointed before or after the commencement of this subsection, is removed from office by the Minister as the manager of a reserve trust, no compensation is payable to the corporation because of the corporation ceasing to hold office.
96A Performance management for reserve trust managers
(1) The Minister may, in such manner as the Minister considers appropriate, require reserve trust managers to report to the Minister on their performance in managing reserves and on such other matters as the Minister considers appropriate.(2) Any such requirement may specify:(a) the intervals at which reserve trust managers are to report to the Minister, and(b) the performance management criteria against which the performance of reserve trust managers is to be assessed by the Minister.
97 Address for service of documents on reserve trust
(1) The Minister may, by order published in the Gazette, specify an address as the address for service of documents on a specified reserve trust.(2) The address specified is the address for service of documents personally or by post on the reserve trust.
97A Delegation of functions by reserve trust managers
A reserve trust manager may, with the approval of the Minister, delegate any of its functions as reserve trust manager to any other person or body.
98 Application of Local Government Act where a council manages a reserve trust
(1) If a council is the manager of a reserve trust and the reserve (or the part of the reserve) is a public reserve, the trust has all the functions of a council under the Local Government Act 1993 in relation to public reserves.(1A) However, the trust has no power to classify the public reserve or any part of it as operational land under the Local Government Act 1993.(2) This Act prevails to the extent of any inconsistency with the Local Government Act 1993 in relation to the public reserve and this section does not authorise a failure to comply with any provision of this Act.(3) In this section, public reserve has the same meaning as it has in the Local Government Act 1993.
98A Responsibility for certain reserves
(1) This section applies to a reserve that is a public reserve within the meaning of the Local Government Act 1993 (other than a public reserve referred to in section 48 (1) (b) of that Act).(2) The Minister may, by notification in the Gazette, declare that any reserve to which this section applies is for the time being under the care, control and management of the Minister.(3) Accordingly, the council does not have control of the reserve as provided by section 48 of the Local Government Act 1993.(4) If the Minister, by later notification in the Gazette, revokes a notification under subsection (2) in relation to a reserve, section 48 of the Local Government Act 1993 is taken to apply in relation to the reserve.(5) A reference in this section to a reserve includes a reference to any part of a reserve.
(1) This Division does not affect the provisions of any other Act relating to a particular reserve or reserve trust.(2) The functions of a reserve trust or the Minister under this Division are not affected by anything contained in any Crown grant issued for the reserve.
(1) For the purposes only of this Part and a by-law under this Part, a reserve trust that, but for this section, would not have an estate in fee simple in the reserve has such an estate.(2) The reserve trust is not capable of alienating, charging, granting leases of or licences or easements in respect of, or in any way disposing of the whole or any part of the reserve, except in accordance with this Part.(3) Revocation of the dedication or reservation of the whole or part of a reserve divests the reserve trust of any estate in the land affected by the revocation.
101 Purchase etc of other land
(1) A reserve trust may, with the approval of the Minister:(a) purchase or take a lease of, or acquire the benefit of an easement in respect of, any land (whether or not adjoining the reserve) required by the trust for use in connection with the reserve,(b) expend trust money for or in connection with the improvement of land (with the consent of the owner) if the trust believes it will provide or improve access to, or facilities or amenities for visitors to, the reserve,(c) make donations out of trust money to a group, organisation or body for any purpose which, in the opinion of the Minister, will be of benefit to the reserve or the community generally.(2) A reserve trust may expend trust money in using or improving land purchased or taken on lease by the trust or in respect of which the trust has the benefit under an easement.(3) If a reserve trust purchases land or takes land on lease, any rules, regulations or by-laws applicable to the reserve become applicable to the land.
102 Consent of Minister to sale, lease, easement, licence or mortgage
(1) A reserve trust may not sell, lease or mortgage land, or grant an easement or a licence (except a temporary licence) in respect of land, comprising the whole or any part of the reserve unless:(a) the trust has decided that it is desirable to do so on the terms and conditions specified in the decision,(b) in the case of a proposed sale, the trust has caused a notice to be published in a newspaper circulating in the locality of the land setting out the date and the terms and conditions of the trust’s decision, the location of the land and other prescribed particulars,(c) the trust has (in the case of a proposed sale, not earlier than 14 days after the publication of the newspaper notice) applied to the Minister in writing for consent, giving full details of the proposal, and(d) the Minister has consented in writing to the proposal.(2) The Minister may not give a consent under subsection (1) (d) to:(a) a sale,(b) a lease for a term exceeding 5 years, or(c) a lease for a term that, by the exercise of an option, could exceed 5 years,unless at least 14 days have elapsed since notice of intention to give the consent has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.(3) The Minister’s consent may relate to the whole or part only of the land with which the application is concerned.(4) If the application for consent proposes a sale, lease, easement or licence, the Minister’s consent:(a) may be general, authorising the proposal subject to such conditions, restrictions, reservations and covenants, and in such manner and within such time, as the Minister thinks desirable, or(b) may be specific, approving of a particular contract of sale, lease or licence.(5) If the application for consent relates to a mortgage, the Minister’s consent can only be given to the specific terms of the mortgage.(6) In giving consent, the Minister may:(a) vary the terms and conditions to which the sale, lease, easement, licence or mortgage is to be subject, and(b) impose such other terms and conditions as the Minister thinks desirable.(7) The Minister may, at any time, wholly or partly withdraw the consent or vary its terms, but only if to do so would not prejudice the rights of third parties.
102A Minister’s consent not required for certain leases, licences or easements
(1) This section applies to a reserve trust managed by a council that has been appointed under section 95.(2) Despite any other provision of this Part, a reserve trust to which this section applies is not required to obtain the Minister’s consent under section 102 to grant a lease or licence in respect of land comprising the whole or any part of the reserve for which the reserve trust has been appointed as trustee, or to grant an easement in connection with any such lease or licence (a related easement), if:(a) the reserve trust has been authorised by the Minister, by notice in writing, to grant the lease, licence or related easement without the Minister’s consent, and(b) the lease, licence or related easement is granted in accordance with the Minister’s authorisation, and(c) the reserve trust complies with the requirements of the Minister’s authorisation and the provisions of this section.(3) The Minister’s authorisation:(a) may relate to any specified reserve (or class of reserves) for which the reserve trust has been appointed as trustee or generally to all reserves for which it has been appointed as trustee, and(b) may specify the circumstances in which a lease, licence or related easement may be granted by the reserve trust without the Minister’s consent, and(c) may apply generally in relation to the reserve trust or may be limited in its application by reference to specified exceptions or factors, and(d) is subject to such terms and conditions as the Minister considers appropriate.(4) Without limiting subsection (3), the Minister may, in authorising a reserve trust to grant leases, licences or related easements without the Minister’s consent:(a) specify the purposes, and the terms and conditions, of any such lease, licence or easement, and(b) limit the term of any such lease, licence or easement, and(c) require the reserve trust to follow certain procedures in relation to the granting of any such lease, licence or easement, including procedures for public notice and consultation, procedures for tendering and procedures for dealing with objections to the proposed lease, licence or easement, and(d) require the reserve trust to provide the Minister with such information as may be required by the Minister before or after any such lease, licence or easement is granted, and(e) require the reserve trust to submit any proposal for such a lease, licence or easement to the Minister before it is granted, and(f) require the reserve trust to indemnify the Crown against any liability or claim for compensation that may arise as a result of the granting of any such lease, licence or easement.(5) A reserve trust must, within 14 days of granting a lease, licence or related easement in accordance with the Minister’s authorisation under this section, notify the Minister of the grant and the terms of the lease, licence or easement.(6) The Minister may, in making any decision in relation to an authorisation under this section, take into account such matters as the Minister thinks appropriate, including the performance of the council in managing:(a) the affairs of the reserve trust or any other reserve trust that the council is managing or has previously managed, or(b) any public land within the meaning of the Local Government Act 1993.(7) The Minister may, for the purposes of this section, request any information about a council, including information about a council’s performance, from the Minister administering the Local Government Act 1993 and that Minister is authorised to provide any such information.(8) Nothing in this section authorises a reserve trust to sell or mortgage land, or to grant a lease, licence or related easement for a term exceeding 21 years, without the consent of the Minister under section 102.(9) An authorisation by the Minister under this section may be varied or revoked by the Minister at any time by notice in writing given to the reserve trust concerned.(10) Any lease, licence or easement granted by a reserve trust:(a) without the Minister’s consent under section 102, or(b) otherwise than in accordance with the Minister’s authorisation under this section,has no effect except in such cases as the Minister may determine.(11) For the purposes of the Residential Parks Act 1998, a lease or licence granted by a reserve trust as provided by this section is taken to be a lease or licence to which the Minister has given consent.
103 Sale, lease, easement, licence or mortgage in accordance with consent
(1) A reserve trust may sell, lease, grant an easement or a licence in respect of or mortgage the reserve in accordance with the terms of the Minister’s consent.(2) If the Minister’s consent to a sale, lease, easement or licence is general, the sale, lease, easement or licence must not proceed unless the price agreed on, the rent reserved, the terms of the easement or the charge for the licence has been submitted to and approved by the Minister.(3) A mortgage under this Division may contain a power of sale.(4) A lease or licence must not be granted under this Division for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.
104 Effect of conveyance of reserve land
(1) Land sold and conveyed under this Division vests in the purchaser free from all trusts to which it was subject while vested in the reserve trust by or on behalf of which it was conveyed.(2) When land is sold and conveyed under this Division, any dedication or reservation is revoked to the extent to which it affected the land before its conveyance.
105 Execution of conveyances etc
(1) If a reserve trust proposes to exercise its functions under this Division, the Minister may appoint a person to execute conveyances and instruments and do all such other things as may be necessary for the due exercise of those functions.(2) The receipt of the appointed person is a sufficient discharge to any purchaser, lessee, grantee, licensee or mortgagee paying money in good faith in respect of a sale, lease, easement, licence or mortgage under this Division.(3) A transfer, mortgage or lease of land, or an instrument creating an easement in respect of land, under the Real Property Act 1900 which is signed by the appointed person has the same effect as if signed by the registered proprietor of the land.(4) A purchaser, lessee, grantee, licensee or mortgagee dealing in good faith with the appointed person is not prejudiced or affected by any omission or irregularity in respect of the requirements of this Division.(5) If:(a) a signed document purports to appoint a person for the purposes of this section, and(b) the signature purports to be that of the Minister,it shall be presumed, unless the contrary is proved, that the document was signed by the Minister.
(1) Compensation for the compulsory acquisition under any other Act of a reserve (or part of a reserve) or the net amount received as the proceeds:(a) from a sale, lease, easement or licence (including a temporary licence) made or granted under this Division by a reserve trust, or(b) from a mortgagee making a secured loan to a reserve trust,shall be applied in accordance with the directions (if any) given by the Minister.(2) The directions which the Minister may give include the following:(a) a direction that the compensation or the proceeds be applied by the reserve trust for the purchase of other land,(b) a direction that the compensation or the proceeds be paid to another reserve trust to be applied towards the care, control and management of the other trust’s reserve,(c) a direction that the compensation or the proceeds be paid to the Consolidated Fund or to the Public Reserves Management Fund constituted under the Public Reserves Management Fund Act 1987.(3) In the absence of a direction, the compensation or the proceeds shall be applied for the general purposes of the reserve trust and may be invested or applied by the trust accordingly.
106A Limits on compensation payable to reserve trusts
(1) This section applies:(a) to the determination of the amount of compensation payable under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the compulsory acquisition of the whole or part of a reserve described in subsection (2), and(b) to the determination under section 191 of the Roads Act 1993 of the amount of compensation payable or provided under Division 2 of Part 12 of that Act in respect of the acquisition under that Division of the whole or part of a reserve described by subsection (2), and(c) to the determination under section 22A of the Pipelines Act 1967 of the amount of compensation payable in respect of the vesting of the whole or part of a reserve described by subsection (2) or the vesting of an easement over the whole or part of such a reserve.(2) The following reserves are described by this subsection:(a) a reserve in respect of which a reserve trust has been constituted, whether under this Part or by operation of Schedule 8,(b) a reserve to which the provisions of this Part are applied by any other Act, or which is taken under any other Act to be a reserve under this Part, and in respect of which a reserve trust has been appointed or taken to be appointed,other than a reserve that comprises dedicated land for which a Crown grant was granted to the reserve trust or a predecessor in title before the commencement of the Crown Lands (Land Titles) Amendment Act 1980.(3) Despite section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, in determining the amount of compensation, if any, payable to a reserve trust, regard is to be had to the following matters only (as assessed in accordance with this section):(a) the value to the reserve trust of any improvements (including structures) erected or carried out by the trust on the land being acquired or vested, or over which the easement is vested, on the date the land is acquired,(b) the amount of any loss attributable to the reduction in public benefit from any loss of public open space that arises from the acquisition or vesting of the land,(c) the amount of any reduction in the value to the trust, as at the date the land is acquired or vests, or the easement vests, of any other improvements (including structures) erected or carried out by the trust on other land that is caused by the land acquired being severed from other land of the trust,(d) the cost to the trust of acquiring additional land having environmental benefits that are comparable to the land being acquired or vested,(e) any loss attributable to disturbance (within the meaning of section 59 of that Act), other than loss arising from the termination of a lease or licence over the whole or part of the land being acquired.(4) For the purposes of a determination of an amount of compensation:(a) the Crown is taken to be the holder in fee simple of the land being acquired or vested, or over which the easement is vested, and(b) section 56 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if the value of improvements (including structures) erected or carried out by the trust on the land is the market value of the trust’s interest in the land.(5) A reserve trust that is, or is managed by, the authority acquiring the whole or part of a reserve is not entitled to compensation in respect of the acquisition or vesting if it decides not to require compensation and does not revoke that decision before the acquisition of the land concerned.(6) Nothing in this section affects:(a) any function of the Minister with respect to a reserve trust, including the Minister’s functions under sections 102 and 106, or the requirements of section 106, or(b) the rights under the Land Acquisition (Just Terms Compensation) Act 1991 of a person from whom native title rights and interests (within the meaning of that Act) in relation to land have been acquired.
107 Disposal of certain income of reserve trust
(1) The Minister may direct a reserve trust to set aside a specified portion of its income and revenue for the payment of interest on, or the gradual extinction of, any debt.(2) The trust shall comply with such a direction and invest the portion as the Minister directs.(3) A reserve trust may invest any funds not immediately required for the exercise of its functions if it does so as authorised by the Trustee Act 1925.
(1) A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.(2) A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.(3) A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.(4) A temporary licence ceases to have effect on the expiration of the prescribed period after it is granted unless it is revoked sooner or is granted for a shorter period.
109 Termination of certain leases and licences
(1) A lease or licence granted by a reserve trust terminates if the status of the whole or any part of the land the subject of the grant is affected unless the notification by which its status is affected otherwise provides.(2) The status of the land is affected only if:(a) in the case of land dedicated or reserved under this Act—the dedication or reservation is revoked,(b) in the case of land set apart for any public purpose (but not dedicated or reserved under this Act)—the land ceases to be set apart or is dedicated or reserved under this Act.(3) Before taking any action that would affect the status of part only of the land which is the subject of the lease or licence, the reserve trust and the lessee or licensee may agree that the lease or licence is to continue in force as if never granted in respect of that part.(4) If such an agreement is made, the lease or licence:(a) does not terminate, and(b) continues in force in accordance with the agreement from the time the part’s status is affected.(5) No compensation is payable in respect of the termination of a lease or licence by this section.
110 Saving of certain leases and licences
(1) This section applies to the land comprised in a lease or licence granted by a reserve trust if the land:(a) ceases to be a reserve, and(b) is added to a reserve of which a reserve trust is trustee.(2) The lease or licence affecting land to which this section applies continues in force:(a) as if the land had not ceased to be a reserve, and(b) as if the lease or licence had been granted by the reserve trust for the reserve to which the land is added.(3) Neither section 109 (termination of certain leases and licences) nor any term or condition of the lease or licence prevents it from continuing in force.
111 Dissolution of trust—disposal of property
(1) If a reserve trust is dissolved, any real or personal property vested in the trust (except the reserve land) may be disposed of by the Minister in such manner as the Minister considers appropriate.(2) For that purpose, land purchased by the trust may be dealt with by the Minister as if it were Crown land.(3) The Minister may execute conveyances and instruments and do all such other things as may be necessary for the effectual exercise of the Minister’s functions under this section.(4) The proceeds of disposal of the property shall be dealt with in accordance with the Minister’s directions.
111A Dissolution of trust—appointment of new trust
(1) If a new reserve trust is established, named and appointed under section 92 as trustee of any one or more specified reserves, or any one or more parts of a reserve, of which a dissolved trust was trustee, the provisions of section 125 (3) apply to the new reserve trust.(2) However, those provisions do not apply in respect of any of the real or personal property of the dissolved trust that the Minister has, before the appointment of the new reserve trust, disposed of under section 111.(3) For the purpose of those provisions:(a) the trustee or trustees of the dissolved trust are called the former trustee, and(b) the new reserve trust is called the new trustee.(4) Those provisions apply:(a) with such modifications as may be necessary or as the Minister may direct, and(b) only in relation to an act, matter or thing concerning the former trustee in connection with the care, control and management of the reserve, or part of the reserve, of which the new trustee is trustee.
Division 6 Plans of management
In this Division:additional purpose, in relation to a reserve, means any purpose that is additional to:
(a) the declared purpose of the reserve, or(b) any purpose authorised by the Minister under section 121A in relation to the reserve.declared purpose, in relation to land comprising a reserve, means the public purpose for which the land has been dedicated or reserved under this Part, and includes any purpose or use permitted under, or in connection with, the declared purpose.
112 Preparation of draft plan of management
(1) The Minister may cause a draft plan of management to be prepared for a reserve, including a draft plan that would, if adopted, authorise the reserve to be used for an additional purpose.(2) A reserve trust may with the Minister’s consent, and if the Minister so directs shall, prepare a draft plan of management for the reserve.(3) If the Minister directs a reserve trust to prepare a draft plan of management, the reserve trust shall:(a) prepare it within the time directed by the Minister, and(b) forward a copy of it to the Minister.(4) A draft plan of management prepared by a reserve trust shall include provision for such matters as the Minister requires.(5) Without limiting subsection (4), the Minister may, in directing a reserve trust to prepare a draft plan of management, direct the reserve trust to consider including an additional purpose as part of the draft plan.(6) If, in relation to a draft plan of management prepared by a reserve trust, the reserve trust proposes that the reserve is to be used for an additional purpose, the reserve trust is to advise the Minister of the proposal.(7) Without limiting subsection (4), the Minister may, in the case of a draft plan of management that would, if adopted, authorise the reserve to be used for an additional purpose, require the draft plan to specify or deal with the following matters:(a) the condition of the reserve (including the condition of any buildings or other improvements on the reserve),(b) the existing use of the reserve (including the existing use of any buildings or other improvements on the reserve),(c) the nature and scale of the proposed additional purpose,(d) the nature, scale and term of any lease, licence or other arrangement that is intended to be granted or entered into in relation to the additional purpose,(e) any submissions made in relation to the draft plan as a result of the consultation process and public exhibition requirements under section 113.(8) In the case of a reserve that is being used or occupied by, or is being administered by, a government agency, the Minister may not cause, or direct, to be prepared a draft plan of management that would, if adopted, authorise the reserve to be used for an additional purpose unless the Minister has consulted with the Minister to whom that agency is responsible.(9) Failure to comply with subsection (8) does not affect the validity of the draft plan if adopted by the Minister under section 114.(10) The Minister may, at any stage in the preparation of a draft plan of management referred to in subsection (5) or (6), direct the reserve trust to cease the preparation of the draft plan.
113 Referral and exhibition of draft plans
(1) If a draft plan of management for a reserve is prepared, the Minister:(a) shall refer a copy of it to the reserve trust for consideration (unless it was prepared by the reserve trust),(b) may refer a copy of it to any other person for consideration, and(c) shall place a copy of it on public display for not less than 28 days or shall direct the reserve trust to place a copy of it on public display for not less than 28 days.(2) Any person may make representations concerning the draft plan to the Minister within the time allowed by the Minister.(3) The Minister shall consider any such representations before adopting the draft plan.(4) In the case of a draft plan of management that would, if adopted, authorise a reserve to be used for an additional purpose, the Minister may, in addition to any of the other requirements of this section, require the reserve trust, by notice in writing:(a) to consult on the draft plan with such persons or bodies as may be specified in the notice, and(b) to exhibit the draft plan in accordance with the notice.
114 Adoption of plan of management
(1) The Minister may adopt a plan of management for a reserve without alteration or with such alterations as the Minister thinks fit.(1A) In the case of a plan of management that authorises a reserve to be used for an additional purpose, the Minister may, without limiting subsection (1), adopt the plan subject to the reserve trust complying with such conditions as the Minister thinks fit to impose.(1B) Without limiting the conditions that the Minister may impose under subsection (1A), the Minister may impose a condition requiring the reserve trust to indemnify the Crown against any liability or claim for compensation that may arise as a result of the reserve being used for the additional purpose specified in the plan.(1C) In determining whether to adopt a plan of management that authorises a reserve to be used for an additional purpose, the Minister is to have regard to the following:(a) the declared purpose of the reserve,(b) the compatibility of the proposed additional purpose with the declared purpose,(c) the principles of Crown land management,(d) the public interest.(2) If a plan of management is adopted:(a) the reserve trust shall carry out and give effect to it, and(b) no operations may be undertaken on or in relation to the reserve unless they are in accordance with the plan.(3) If a plan of management is adopted authorising a reserve to be used for an additional purpose specified in the plan, the reserve may be used for the additional purpose specified in the plan.
115 Alteration or cancellation of plan
(1) The Minister may from time to time alter a plan of management adopted under this Division or may cancel the plan.(2) If a plan of management is cancelled, a new plan of management may be adopted, at the same time or later, in accordance with this Division.(3) The Minister shall cause or direct a proposed alteration of a plan to be prepared and the alteration shall be prepared, referred and adopted as if it were a plan of management.(4) The plan as altered becomes the plan adopted for the purposes of this Division.
116 Plan of management for submerged land
(1) If land usually submerged by water is wholly or partly the subject of a plan of management, the Minister shall refer the plan to the Minister administering the Fisheries Management Act 1994 before adopting it.(2) The plan may not be adopted, altered or cancelled, in so far as it relates to the submerged land, except with the concurrence in writing of the Minister administering that Act.
Division 7 Administrator of trust
117 Appointment of administrator
(1) The Minister may, by notification in the Gazette, appoint an administrator to manage the affairs of a reserve trust.(2) Subject to this Act, an administrator holds office for such period as may be specified in the administrator’s instrument of appointment.
119 Vacancies in office of administrator
(1) The Minister may by notification in the Gazette:(a) remove an administrator from office, or(b) fill a vacancy in the office of administrator.(2) The office of an administrator becomes vacant if the administrator:(a) completes a term of office, or(b) resigns the office by instrument in writing addressed to the Minister, or(c) is removed from office by the Minister under this section.
120 Remuneration of administrator
(1) If the Minister so directs, an administrator is entitled to be paid such remuneration as the Minister directs.(2) The office of administrator is not, for the purposes of any Act, an office or place of profit under the Crown.
121A Minister may authorise reserve to be used for additional purpose
(1) In this section, declared purpose has the same meaning as in section 112A.(2) The Minister may, by order published in the Gazette, authorise a reserve specified in the order to be used for a purpose that is additional to the declared purpose of the reserve.(3) The Minister may not authorise a reserve to be used for any such additional purpose unless the Minister is satisfied that:(a) the additional purpose is compatible with the declared purpose of the reserve, and(b) the use of the reserve for the additional purpose is consistent with the principles of Crown land management, and(c) it is in the public interest for the reserve to be used for the additional purpose.(4) The Minister is to consult the following persons or bodies before making an order under this section in relation to a reserve:(a) the person or body managing the affairs of the reserve trust (if any) appointed as trustee for the reserve,(b) if the reserve is being used or occupied by, or is being administered by, a government agency—the Minister to whom that agency is responsible.(5) Failure to comply with subsection (4) does not affect the validity of the order.(6) An order under this section may relate to any number of reserves or to a specified group of reserves.
121 Liability of reserve trust, members and other persons
(1) No matter or thing done or omitted to be done by:(a) a reserve trust managed by a trust board or by an administrator,(b) a member of a trust board, or an administrator in the course of managing the affairs of a reserve trust, or(c) a person acting under the direction of a trust board, or of an administrator, in the course of managing the affairs of a reserve trust,shall, if done or omitted to be done in good faith for the purposes of executing this or any other Act, subject a member, an administrator or a person so acting personally to any action, liability, claim or demand.(2) If a reserve trust is managed by a corporation, the corporation is jointly and severally liable with the reserve trust:(a) for any liability of the reserve trust, or(b) if the corporation is managing the affairs of the reserve trust with another person or body in accordance with section 92 (6B), for the liability of the reserve trust to the extent only that the liability relates to the functions of the corporation as the manager of the reserve trust.
122 Reports etc by reserve trust
(1) A reserve trust shall:(a) furnish reports to the Minister at such times, concerning such matters, and specifying such information, as may be prescribed by the regulations or as may be required by the Minister by notice in writing to the reserve trust, and(b) keep such records (including accounting records) as may be prescribed by the regulations or as may be required by the Minister by notice in writing to the reserve trust.(2) The Minister may grant an exemption from the requirements of subsection (1) and the exemption:(a) may relate to a particular reserve trust or a class of reserve trusts,(b) may be unconditional or subject to conditions, and(c) shall operate for a specified period, or until further notice, as may be stated by the Minister when granting the exemption.(3) A reserve trust shall, at the request of the Minister:(a) give the Minister such information as the Minister requires in relation to the operations of the trust, and(b) forward to the Minister specified records (including accounting records), or copies of or extracts from specified records, kept by the trust.
122A Financial year of reserve trust
The financial year of a reserve trust is the year commencing on 1 July unless otherwise specified by the Minister.
123 Inspection etc of reserve trust
(1) The Minister may appoint a person to inquire into, or carry out an audit of, any of the affairs of a reserve trust.(2) The person appointed may, for the purposes of the inquiry or audit:(a) inspect and take copies of or extracts from any records (including accounting records) of the trust, or(b) require any person concerned in the management of the trust to give information and answer questions relating to the affairs of the trust.(3) The power of the appointed person to inspect the records of a reserve trust includes the power to inspect any records of a lessee or licensee which the trust has power to inspect under the lease or licence.(4) A person shall not:(a) refuse or fail without lawful excuse to allow the appointed person access to records to which the person is entitled,(b) refuse or fail without lawful excuse to give information or answer questions, as required by the appointed person, or(c) wilfully obstruct or delay the appointed person in the exercise of a function under this section.Maximum penalty—subsection (4): 5 penalty units.
(1) A member of the trust board for a reserve trust, an administrator of the affairs of a reserve trust or a ranger or other officer appointed by a reserve trust, may remove a person from the reserve or a public place (within the meaning of the Summary Offences Act 1988) if:(a) the person is found contravening a by-law applicable to the reserve, or(b) the person, by disorderly conduct in the reserve or public place, causes annoyance or inconvenience to persons in the reserve or going to or coming from the reserve.(2) For the purpose of removing a person from a reserve, whether under this section or under a by-law, the assistance of a member of the Police Force may be called in.
125 Transitional provisions—additions to reserves
(1) If the whole of a reserve is added to another reserve under this Part, the transitional provisions of this section operate from the time the reserve is added.(2) For the purposes of this section:(a) the reserve trust for the added reserve is called the former trustee,(b) the reserve trust for the other reserve is called the new trustee, and(c) the transitional provisions affect the former trustee only in relation to matters and things connected with the added reserve.(3) The transitional provisions are as follows:(a) all the property of the former trustee becomes the property of the new trustee, including land purchased by the former trustee,(b) all money and liquidated and unliquidated claims payable to or recoverable by the former trustee are payable to or recoverable by the new trustee,(c) all proceedings pending at the suit of or against the former trustee become proceedings pending at the suit of or against the new trustee,(d) the new trustee may pursue the same remedies for the recovery of any such money and claims and for the prosecution of any such proceedings as the former trustee might have done,(e) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the former trustee have effect as contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the new trustee,(f) the new trustee may enforce and realise any security or charge in favour of the former trustee and may exercise any functions conferred on the former trustee as if the security or charge were in favour of the new trustee,(g) all debts, moneys and claims, liquidated and unliquidated, that were due and payable by or recoverable against the former trustee are payable by and recoverable against the new trustee,(h) all liquidated and unliquidated claims for which the former trustee would have been liable are liquidated and unliquidated claims for which the new trustee is liable,(i) all other acts, matters and things done or omitted by, or done or suffered in relation to, the former trustee have the same force and effect as they would have if they had been done or omitted by, or done or suffered in relation to, the new trustee,(j) an attornment to the new trustee by a lessee from the former trustee is not required.(4) If part only of a reserve is added, the former trustee and the new trustee shall, as soon as practicable after notification of the addition, arrange and agree on a division of the assets, debts and liabilities of the former trustee so that those appropriate to the added part and the remaining part may be determined.(5) If agreement is not reached, the matter may be determined by the Minister.
126 Provisions applicable to certain showgrounds etc
(1) This section applies to land, or land of a class, which the Minister has, by order published in the Gazette, declared to be land to which this section applies.(2) The only land which can be the subject of such an order is land:(a) which has been reserved, dedicated or held for a showground or set apart, dedicated, reserved or held for any public purpose under any Act,(b) of which there are trustees, whether or not appointed under an Act, and(c) which is not, or is not part of, a reserve.(3) Division 5 (except as provided by subsection (4) and sections 109 and 110) applies to and in respect of land to which this section applies, and to the trustees of the land, as if the land were a reserve but does so without affecting any other power of the trustees to sell, lease or mortgage the land or grant a licence in respect of the land.(4) If the Minister’s order (or another order of the Minister published in the Gazette) so provides, Division 5 does not apply to the land and the trustees of the land to the extent specified in the order.
127 Provisions applicable to other reserved etc land
(1) If the Minister so declares by order published in the Gazette and for the time being in force, this Part (or this Part with stated modifications) applies to land described in the order which:(a) has been set apart, reserved, dedicated or held for a public park or for any other public purpose, and(b) is not, or is not part of, a reserve,as if the land so described were a reserve.(2) Subsection (1) has effect despite the provisions of any other Act, or a notice or other document, that provides for the appointment of trustees.
(1) The Governor may make by-laws for or with respect to:(a) the care, control and management of a reserve,(b) the regulation of the use and enjoyment of a reserve,(c) the regulation of meetings of a trust board and the conduct of business at those meetings,(d) the custody and use of the seal of a reserve trust,(e) the securing of decency and order on a reserve,(f) the removal of trespassers and other persons causing annoyance or inconvenience on a reserve,(g) the regulation or prevention of the taking of intoxicants on to, and their consumption on, a reserve,(h) the regulation and control of the taking of animals on to a reserve or the permitting or suffering of animals to be on a reserve,(i) the regulation, control or prohibition of parking, camping or residing on a reserve, the making of charges for parking, camping or residing on a reserve, and the collecting and receiving of those charges,(j) the preservation or protection of, or prevention of damage to, trees, shrubs, ferns, creepers, vines, palms, plants, flowers, herbage or other vegetative cover on a reserve,(k) the protection or removal of all dead timber, logs and stumps on a reserve, whether standing or fallen,(l) the preservation, protection or removal of any rocks, soil, sand, stone or other similar substances on or under or comprising part of a reserve,(m) the preservation or protection of any animals, birds and other fauna on a reserve, whether native or introduced,(n) the payment of charges or entrance fees by persons, clubs or associations using or entering a reserve or improvements on a reserve, or any specified part or parts of the reserve or improvements, and the collecting and receiving of those charges and fees,(o) the reservation of any portion of a reserve for such separate or exclusive uses as the by-laws may prescribe,(p) the closing of a reserve or any part of a reserve and the conditions to be observed with regard to that closure,(p1) the granting, transfer and revocation of exclusive rights of burial in relation to a reserve that is dedicated or used for the purposes of a public cemetery,(p2) the measures to be taken by way of compensation to former holders of exclusive rights of burial in the event that those rights are revoked,(p3) the accounts to be kept by reserve trusts,(q) the regulation, control or prohibition of private trading on a reserve,(r) the appointment and removal of rangers in respect of a reserve and the defining of their functions,(s) the prescription of all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.(2) A by-law may create an offence punishable by a maximum penalty not exceeding 5 penalty units.(3) A penalty recovered for a breach of a by-law shall be paid to the reserve trust of the reserve affected by the breach, for the purposes of the reserve trust.(4) By-laws made for the purposes of subsection (1) (i) have effect despite section 100 or any other Act.(5) By-laws may not be made with respect to a matter if power is conferred on a reserve trust, the Governor or the Minister to make rules, regulations, by-laws or ordinances with respect to that matter under any other Act.(6) A reserve trust shall ensure that a copy of the by-laws applicable to the reserve is displayed in a conspicuous place in the reserve.(7) In this section:animals and fauna do not include fish within the meaning of the Fisheries Management Act 1994.
reserve includes land purchased or leased by the reserve trust.