Public Reserves Management Fund Act 1987 No 179



An Act to establish the Public Reserves Management Fund and for other purposes.
1   Name of Act
This Act may be cited as the Public Reserves Management Fund Act 1987.
2   Commencement
This Act shall commence on the date of assent to this Act.
3   Definitions
In this Act:
public reserve means:
(a)  a reserve within the meaning of Part 3B of the Crown Lands Consolidation Act 1913,
(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.
4   Establishment 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.
5   Payments 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 Part 3B of the Crown Lands Consolidation Act 1913 in respect of the disposal or application of money,
(f)  all money directed by the Minister to be paid into the Fund out of compensation paid pursuant to a condition imposed under section l36L of the Crown Lands Consolidation Act 1913 or section 39A of the Closer Settlement Act 1904 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).
6   Payments 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 Part 3B of the Crown Lands Consolidation Act 1913,
(e)  any costs incurred in disposing of property under section 37HH of the Crown Lands Consolidation Act 1913,
(f)  any money paid into the Fund pending payment out of the Fund in accordance with directions of the Minister under section 37HH of the Crown Lands Consolidation Act 1913, and
(f1)  the capital funds required by the Jenolan Caves Reserve Trust established under the National Parks and Wildlife Act 1974, in respect of the lands dedicated under that Act as the Abercrombie Karst Conservation Reserve, the Jenolan Karst Conservation Reserve and the Wombeyan Karst Conservation Reserve, 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.
s 6: Am 1988 No 131, Sch 20 (2); 1997 No 2, Sch 2.
7   Insurance 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).
8   Delegation
The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.
9   Validation
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.