Division 4Division 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 the Minister (to the extent that the Minister is responsible for managing the affairs of a reserve trust), or any such trust board, corporation or administrator.(6B) There can be more than one reserve trust manager for a reserve trust with the function of managing the affairs of the reserve trust allocated between them by the Minister in accordance with the following provisions:(a) The Minister can allocate the exercise of functions in respect of different aspects of the affairs of the reserve trust or different parts of the reserve to different reserve trust managers, as specified in the allocation or as determined by the Minister, with those functions to be exercised in accordance with such arrangements (if any) as may be determined by the Minister.(b) The Minister is the reserve trust manager for any aspect of the affairs of a reserve trust or any part of the reserve not allocated to another reserve trust manager and is accordingly allocated the function of managing the affairs of the reserve trust in respect of any such unallocated aspects of those affairs or unallocated parts of the reserve.(c) A reserve trust manager has the function of managing the affairs of the reserve trust only to the extent of the allocated functions and is, for the purposes of this or any other Act or law, the reserve trust manager to that extent only.(6C) (Repealed)(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
(1) 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.(2) Without limiting section 49 of the Interpretation Act 1987, a delegation by a reserve trust manager under subsection (1) may, with the approval of the Minister, be revoked by the reserve trust manager at any time.
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.