Crown Lands Act 1989 No 6
Historical version for 13 May 2009 to 30 June 2009 (accessed 20 May 2013 at 13:29)
Current version
92 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.