(1) In this Act: affairs includes activities.alienate , in relation to land, includes sell or exchange land, but does not include mortgage, charge or encumber, or grant a lease or licence over, land.common means:
(a) a parcel of land which, on or before 1 February 1909, had, by any instrument made by the Governor, been set aside as a common for the use of the inhabitants of any specified locality or the cultivators or farmers of any locality in which the parcel of land is situated, or (b) any parcel of land which, after that date, has been set aside by the Governor or the Minister, by notice published in the Gazette, as a common or for pasturage for the use of the inhabitants of a specified locality, but does not include such a parcel where the setting aside of the common has been revoked or otherwise terminated. commoner , in relation to a common, means a person whose name is entered on the commoners’ roll kept in respect of the common.commoners’ roll , in relation to a common, means the roll kept in respect of the common in accordance with section 10.Crown Land Acts has the same meaning as in the. Crown Land Management Act 2016 Eastern and Central Division means that part of the State that is the Eastern and Central Division within the meaning of the. Crown Land Management Act 2016 financial year , in relation to a trust, means the financial year of the trust as fixed by or in accordance with section 40.former Act means the. Commons Regulation Act 1898 land district —see section 3A.local authority means a council within the meaning of the. Local Government Act 1993 local government area has the same meaning asarea has in the. Local Government Act 1993 management plan means a draft management plan adopted in accordance with section 27.office bearers , in relation to a trust board, means the president, secretary and treasurer of the board.record includes a commoners’ roll, book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.Secretary means the Secretary of the Department of Industry, Skills and Regional Development.set aside includes allotted, granted, notified, set apart, devoted, reserved, appropriated and dedicated.temporary licence means a licence granted under section 22.this Act includes the regulations.transaction , in relation to land, means any transaction which creates, transfers, charges, encumbers, varies or extinguishes an estate or interest in land, and includes a transfer, a conveyance, a lease, a mortgage, a covenant and a grant of a licence, and also includes a grant or reservation of an easement or other incorporeal hereditament.trust means a trust established in respect of a common under section 4 (1) or by section 4 (3).trust board , in relation to a trust, means the trust board elected or taken to be elected under this Act to manage the affairs of the trust.Western Division means that part of the State that is the Western Division within the meaning of the. Crown Land Management Act 2016 (2) In this Act:
(a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(1) The Minister may, by notice published in the Gazette, appoint a local authority to manage the affairs of a trust:
(a) instead of appointing an administrator as provided by section 5, or (b) whenever there is no trust board elected to manage those affairs. (2) A local authority may accept an appointment under subsection (1) whatever any other enactment or rule of law may provide, but may be appointed under that subsection only with its consent. (3) Except in the case of a common located in the Western Division, a local authority may be appointed to manage the affairs of a trust only if the common concerned is located within the local government area for which the local authority is constituted. (4) A local authority may be appointed under subsection (1) for a term, specified in the instrument of appointment, not exceeding 3 years. (5) If a local authority was holding office as trustees of a common under section 11 of the former Act immediately before the commencement of this section, that local authority shall, for the purposes of this Act, be taken to have been appointed to manage the affairs of the trust established in respect of the common for a term of 3 years from the commencement of this section.
(1) A trust may, in relation to the common for which it is established, make a by-law, not inconsistent with this Act, for or with respect to the following:
(a) the care, control and management of the common, (b) the rights of the commoners with respect to the use of the common and, in particular, securing equitable access to the common for all commoners and their invitees, (c) giving effect to a management plan that has been adopted in relation to the common, (d) regulating the conduct of commoners and others when using the common, (e) regulating the bringing of animals onto the common, securing the removal from the common of domestic animals that are brought onto or enter the common without lawful authority and controlling the activities of animals that are authorised to be on that common, (f) protecting all fauna (other than feral animals) which use the common as their habitat or which are allowed to be taken or kept there by commoners, (g) protecting trees, shrubs and other vegetation (other than weeds) which are growing on the common and preventing such trees, shrubs and vegetation from being damaged or destroyed, (h) controlling or eradicating feral animals that use the common as their habitat, (i) controlling weeds that grow on the common, (j) protecting facilities on the common that are provided for the use of commoners, (k) prohibiting or regulating the removal from the common of dead timber, logs and tree stumps, whether they are still in the ground or not, (l) prohibiting or regulating the removal from the common of sand, soil, rocks or any other mineral matter, (m) prescribing annual fees to be paid by commoners, (n) imposing charges to be paid by or in respect of commoners or other persons or groups of persons as a condition of their being allowed to use the common, a part of the common or specified facilities located on the common for a specified purpose, (o) prohibiting or regulating the use and parking of motor vehicles on the common and, where the use of motor vehicles on the common is permitted, prescribing charges for that use or for the parking of such vehicles on the common, (p) prohibiting or regulating the use of the common or any part of the common as a dwelling or camping place and, where that use is permitted, prescribing charges for that use, (q) prohibiting or regulating the erection of buildings and other structures on the common, (r) providing for the collection and disposal of the fees and charges (if any) prescribed under paragraph (m), (n), (o) or (p). (2) The trustees holding office in respect of a common when this Act is enacted may make a by-law in accordance with subsection (1) so as to have effect in respect of the common on and from the commencement of section 4. (3) A by-law made under subsection (1) or (2) is required to be approved by the Governor and does not have effect until it is so approved. (4) If no by-law has been made in accordance with subsection (2) in respect of a common in existence immediately before the commencement of section 4, then the trust established for the common by subsection (3) of that section shall be taken to have made the prescribed model by-law so as to have effect in respect of the common on and from that commencement. (5) For the purposes of subsection (4), the regulations may prescribe a model by-law that provides for all or any of the matters specified in subsection (1).
(1) If a trust has notified a person in accordance with section 10 (4) of its refusal of the person’s application for enrolment, the person may, within the period of 28 days following the date on which the person receives written notice of the trust’s refusal of the application, appeal against the refusal to the Civil and Administrative Tribunal. Note— An appeal under this section is an external appeal to the Tribunal for the purposes of the . Civil and Administrative Tribunal Act 2013
(1) A trust may not enter into any transaction with respect to the land vested in it, except as provided by this Division. (2) Subject to section 19 (4), if a trust purports to enter into a land transaction that it is not empowered to enter into, the transaction is void. (3) A trust established for a common located in the Western Division is not empowered to enter into any transaction involving the alienation of the land vested in the trust. (4) Subject to subsection (3), a trust may enter into a transaction in respect of land vested in it but only if:
(a) the Minister has, on the application of the trust, consented to the transaction, or (b) the trust has a general authority from the Minister to enter into transactions of that kind, and in either case:
(c) the transaction and the instrument that gives effect to it comply with any requirements that the Minister may have imposed in giving that consent or when granting that authority, and (d) where appropriate, the trust has complied with subsections (6) and (7). (5) An application referred to in subsection (4) (a) must specify full particulars of the proposed transaction. (6) If a trust established for a common located in the Eastern and Central Division proposes to sell any of the land vested in it, it must publish a notice specifying:
(a) the date of the decision to sell that land and the terms of the proposed sale, and (b) the location of that land, and (c) such other particulars (if any) as are prescribed. (6A) The notice must be published in:
(a) a newspaper that circulates in the area in which the land concerned is located, or (b) a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of members of the public in the areas in which the relevant land is located.
(1) If the setting aside of a common is revoked or otherwise terminated, the trust established for that common is dissolved. (2) If a trust is dissolved, the Minister may dispose of any property of the trust in such manner as the Minister considers appropriate.
(1) If a draft management plan has been prepared under section 25 (1) (a), the Minister:
(a) may, where the plan relates to a trust established under section 4 (1), and (b) must, where the plan relates to a trust established by section 4 (3), refer a copy of it to the trust for its consideration. (2) The Minister may refer a copy of a draft management plan prepared under section 25 (1) (a) or submitted to the Minister under section 25 (2) or (3) to such person as the Minister thinks fit for that person’s consideration and comment (if any). (3) The Minister may, where a draft management plan relates to a trust established under section 4 (1), but must, where such a plan relates to a trust established by section 4 (3):
(a) cause a copy of the plan to be placed on public display for such period (not less than 14 days) as the Minister thinks appropriate, and (b) cause a copy of the plan, or a notice specifying the place at which the plan may be inspected, to be published in:
(i) a newspaper that circulates in the land district where the common concerned is located, or (ii) a manner that the Minister is satisfied is likely to bring the plan or notice to the attention of members of the public in the land district where the common concerned is located.
(1) If the Minister is, after hearing a complaint lodged under section 50 or after receiving a report of the findings of the Secretary in accordance with section 52, satisfied that the complaint is justified, the Minister must uphold the complaint, but if not so satisfied, the Minister must dismiss the complaint.
(Sections 5, 48)
(Section 6 (8))
(Section 6 (9))
(Section 38)
(Section 63)