1987
1987
2018-07-01
act
publicgeneral
act.reprint
act-2013-105
allinforce
2018-07-01
act-2016-058
none
act-1987-179
0020d8c2-94d8-4808-b285-3613cbe9cbda
8756d504-bf0b-4011-8385-21856b890844
Repeal:
This Act was repealed by Sch 8 (f1) to the
Crown Land Management Act 2016 No 58
with effect from 1.7.2018.
An Act to establish the Public Reserves
Management Fund and for other purposes.
1Name of
Act
This Act may be cited as the Public
Reserves Management Fund Act 1987.
2Commencement
This Act shall commence on the date of assent to
this Act.
3Definitions
In this Act:
public
reserve means:
(a)
a reserve within the meaning of Part 5 of the
Crown Lands Act
1989,
(b)
any other land set apart, dedicated, reserved,
granted or held for any public purpose under any Act administered by the
Minister for Lands, or for a showground, and
(c)
land vested in or held by the Zoological Parks
Board.
the
Fund means the Public Reserves Management Fund established
by this Act.
trustee includes any person having
the care, control and management of a public reserve (whether or not the
reserve is subject to a trust) and the Zoological Parks Board in respect of
land vested in or held by the Board.
s 3: Am 2004 No 55,
Sch 1.22 [1].
4Establishment of Public
Reserves Management Fund
There shall be established in the Special
Deposits Account in the Treasury an account to be known as the Public Reserves
Management Fund.
5Payments into Public Reserves
Management Fund
There shall be paid into the Fund:
(a)
all money provided by Parliament for the purchase
or acquisition of land for public reserves and for the maintenance,
improvement or development of public reserves,
(b)
all repayments of the cost of premiums for fire
insurance of improvements on public reserves and for insurance in respect of
damage to property, death or bodily injury for which trustees of public
reserves could become liable,
(c)
all repayments of loans or advances (including
interest) made at any time by the Minister to trustees of public
reserves,
(d)
all money received by or on behalf of the State
or the Minister for the purchase or acquisition of land for a public reserve,
or for the maintenance, improvement or development of a public
reserve,
(e)
all money directed by the Minister to be paid
into the Fund pursuant to a power conferred on the Minister under Division 5
of Part 5 of the Crown Lands Act
1989 in respect of the disposal or application of
money,
(e1)
any money directed by the Minister to be paid
into the Fund pursuant to a direction under section 34A (5) of the Crown Lands Act
1989,
(f)
all money directed by the Minister to be paid
into the Fund out of compensation paid pursuant to a condition imposed under
Division 5 of Part 4 of the Crown Lands Act
1989 if the condition is one subject to which an easement
was created over land comprising the whole or part of a public reserve,
and
(g)
all money received under any Act that provides
that the money shall be paid into the Fund.
s 5: Am 1988 No 131,
Sch 20 (1); 2004 No 55, Sch 1.22 [2] [3]; 2005 No 58, Sch
3.6.
6Payments out of Public
Reserves Management Fund
(1)
There may be paid out of the Fund:
(a)
the cost of the purchase or acquisition of land
required for public reserves,
(b)
the cost of the maintenance, improvement or
development of public reserves (whether by direct expenditure or by grants,
loans or advances to the trustees of the public reserves),
(c)
the cost of premiums for fire insurance of
improvements on public reserves and for insurance in respect of damage to
property, death or bodily injury for which trustees of public reserves could
become liable,
(d)
the remuneration (including travelling expenses)
of an administrator appointed under Division 7 of Part 5 of the Crown Lands Act
1989,
(e)
any costs incurred in disposing of property under
section 111 of the Crown Lands Act
1989,
(f)
any money paid into the Fund pending payment out
of the Fund in accordance with directions of the Minister under section 111 of
the Crown Lands Act
1989,
(f1)
any proceeds paid into the Fund for the purposes
of the Crown Cemeteries Advisory Committee or Interim Cemeteries and
Crematoria Board (established under section 12 of the Crown
Lands Act 1989) that the Minister directs be paid into the
Cemeteries and Crematoria NSW Fund for the purposes of the Cemeteries and Crematoria Act 2013,
and
(g)
incidental expenses and administrative costs, of
a type and in an amount as determined by the Treasurer, related to the matters
in respect of which money is payable out of the
Fund.
(2)
All money provided by Parliament to the Fund for
any purpose specified by Parliament shall be used for that purpose
only.
(3)
The Minister may take a mortgage to secure all or
any part of a loan made under subsection (1) (b), from a trustee of a public
reserve with the power to grant such a mortgage.
s 6: Am 1988 No 131,
Sch 20 (2); 1997 No 2, Sch 2; 2004 No 55, Sch 1.22 [4] [5]; 2005 No 83, Sch
2.4; 2010 No 59, Sch 1.21; 2013 No 105, Sch 6.7 [1] [2] (am 2014 No 33, Sch
1.4 [4] [5]).
7Insurance
premiums
(1)
The cost of premiums for fire insurance of
improvements on public reserves and for insurance in respect of damage to
property, death or bodily injury for which the trustees could become liable
shall, on demand, be repaid into the Fund by the trustees of the public
reserve concerned.
(2)
The cost of any premiums not repaid on demand may
be recovered as a Crown debt in any court of competent
jurisdiction.
s 7: Am 1988 No 131,
Sch 20 (3).
8Delegation
The Minister may delegate to any person any of
the Minister’s functions under this Act, other than this power of
delegation.
9Validation
Any act done before the date of assent to this
Act which would have been valid if this Act had been in force is
validated.
Historical
notes
Table of amending
instruments
Public Reserves
Management Fund Act 1987 No 179. Assented to 4.12.1987.
Date of commencement, assent, sec 2. This Act has been amended as
follows:
1988
No
131
Statute Law (Miscellaneous Provisions)
Act (No 3) 1988. Assented to 30.12.1988.
Date of commencement of Sch 20, 1.11.1989, sec 2 (2) and
GG No 105 of 27.10.1989, p 8851.
1997
No
2
National Parks and Wildlife Amendment
(Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves) Act
1997. Assented to 23.4.1997.
Date of commencement, 8.12.1997, sec 2 and GG No 137 of
5.12.1997, p 9768.
2004
No
55
Statute Law
(Miscellaneous Provisions) Act 2004. Assented to
6.7.2004.
Date of commencement of Sch 1.22, assent, sec 2
(2).
2005
No
58
Crown Lands
Legislation Amendment Act 2005. Assented to
1.7.2005.
Date of commencement, 15.7.2005, sec 2 and GG No 90 of
15.7.2005, p 3703.
No
83
National Parks
and Wildlife Amendment (Jenolan Caves Reserves) Act 2005.
Assented to 17.11.2005.
Date of commencement of Sch 2.4, 1.7.2006, sec 2 and GG
No 35 of 17.3.2006, p 1377.
2010
No
59
Statute Law
(Miscellaneous Provisions) Act 2010. Assented to
28.6.2010.
Date of commencement of Sch 1.21, 9.7.2010, sec 2
(2).
2013
No
105
Cemeteries and
Crematoria Act 2013. Assented to 27.11.2013.
Date of commencement of Sch 6.7, 1.11.2014, sec 2 and
2014 (678) LW 24.10.2014. Amended by Statute Law
(Miscellaneous Provisions) Act 2014 No 33. Assented to
24.6.2014. Date of commencement of Sch 1.4, 4.7.2014, sec 2
(1).
Table of
amendments
Sec
3
Am 2004 No
55, Sch 1.22 [1].
Sec
5
Am 1988 No
131, Sch 20 (1); 2004 No 55, Sch 1.22 [2] [3]; 2005 No 58, Sch
3.6.
Sec
6
Am 1988 No
131, Sch 20 (2); 1997 No 2, Sch 2; 2004 No 55, Sch 1.22 [4] [5]; 2005 No 83,
Sch 2.4; 2010 No 59, Sch 1.21; 2013 No 105, Sch 6.7 [1] [2] (am 2014 No 33,
Sch 1.4 [4] [5]).
Sec
7
Am 1988 No
131, Sch 20 (3).