Wellington Showground By-law 1987

1 Name of By-law

This By-law may be cited as the Wellington Showground By-law 1987.

2 Commencement

This By-law shall take effect on and from 1 May 1987.

3 Repeal

All By-laws made, or deemed to have been made, under the Wellington Show Ground Act 1929, and in force immediately before the commencement of this By-law, are repealed.

4 Definitions

In this By-law, except in so far as the context or subject-matter otherwise indicates or requires:

authorised occupier means a person authorised by the trustees to occupy the whole or a part of the land.

the land means the lands held by the trustees in pursuance of the Wellington Show Ground Act 1929.

trustees means the trustees appointed under the Wellington Show Ground Act 1929.

vehicle includes any apparatus drawn or propelled wholly or partly by an animal, volatile spirit, steam, gas, oil or electricity and any trailer or caravan, whether or not it is in the course of being towed.

5 Fees, charges etc

The trustees may from time to time determine the charges or fees payable in respect of any one or more of the following:

(a)  entry to the whole or any part of the land and the buildings erected on the land,

(b)  use of the whole or any part of the land,

(c)  use of the whole or any part of a building erected on the land,

(d)  parking of any vehicle or class of vehicles on the land.

6 Trustees may set aside portions of the land for certain uses

(1)  The trustees may set aside any portion of the land for any purpose for which the land may be used, and from time to time may grant to any person, body of persons, club, association or corporation the use of the land so set apart on such conditions as the trustees may think fit.

(2)  Any such conditions shall be displayed on signs erected at or near the relevant part of the land or shall be otherwise notified in writing to persons obtaining permission of the trustees as referred to in subclause (3).

(3)  A person, body of persons, club, association or corporation may, with the permission of the trustees and on payment of the charge (if any) determined by the trustees to be payable for that permission, use a part of the land under subclause (1).

(4)  The trustees may in a particular case exempt persons from payment of a charge payable under subclause (3).

7 Entry

(1)  Except where the person is exempted by the trustees, a person shall not enter the land unless:

(a)  the person pays such entrance fee, if any, as is determined by the trustees as being payable in respect of the person’s entry to the land, and

(b)  the person enters the land as directed by signs erected at or adjacent to an entrance where any entrance fee demanded is payable.

(2)  A person who enters the land, whether on payment of an entrance fee or otherwise, enters the land subject to such conditions as may be determined by the trustees and as are exhibited outside the land on signs erected at or adjacent to each entrance to the land.

8 Parking

(1)  Except where the person is exempted by the trustees, a person shall not take a vehicle on to the land unless the person pays such parking fee, if any, as is determined by the trustees as being payable in respect of the person’s parking the vehicle on the land or, where the trustees have determined different parking fees in respect of different classes of vehicles, the person pays the appropriate parking fee in respect of that vehicle.

(2)  A person who takes a vehicle on to the land, whether on payment of a parking fee or otherwise, takes the vehicle on to the land subject to such conditions as may be determined by the trustees and as are exhibited outside the land on signs erected at or adjacent to each vehicular entrance to the land.

9 Collection of fees and charges

An authorised occupier shall, as agent for and on behalf of the trustees, collect and receive any entrance fee referred to in clause 7 (1) (a) and any parking fee referred to in clause 8 (1) and account to the trustees for any such fees within 7 days after the collection and receipt of those fees.

10 Regulation of conduct within the land

(1)  A person shall not, unless authorised by the trustees, within the land:

(a)  enter any building or area not open to the public,

(b)  make an address or conduct or hold a meeting, match or musical performance or an amusement,

(c)  sell, offer for sale or distribute any article or thing,

(d)  affix any bill or poster to any tree or to any building, fence, seat, table, enclosure or other structure,

(e)  possess or operate television, cinematographic or photographic equipment for commercial purposes,

(f)  camp or permanently reside,

(g)  remove, or cause damage to, or pick a flower from, any tree, shrub, plant, vine or other vegetation,

(h)  deface any rock, or remove or disturb any rock, soil, sand, stone or similar substance,

(i)  climb in any tree or on any building, fence, seat, table, enclosure or other structure,

(j)  except in the course of, and as a normal incident of, a sporting event or training therefor, deliberately damage any lawn, playing field or green,

(k)  carry or possess any firearm or imitation firearm (within the meaning of the Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons Prohibition Act 1998) unless the person is a member of the police force acting in connection with the performance of the person’s duties as a member of the police force,

(l)  light any fire,

(m)  possess or use any axe, saw or similar tool or implement,

(n)  destroy, capture, injure, annoy or interfere with any animal or interfere with the habitat of any animal,

(o)  allow any animal in the person’s custody or under the person’s control to remain unless the animal is to be or is being:

(i)  exhibited in a show or display, or

(ii)  run at a race meeting approved by the trustees, or

(p)  contravene any condition to which the person’s entrance was subject.

(2)  A person shall not, within the land:

(a)  leave any rubbish or litter, except in receptacles provided,

(b)  break, damage or deface any structure, machinery, equipment, sign, descriptive plate or label,

(c)  obstruct any employee of or contractor to the trustees in the performance of the employee’s or contractor’s work,

(d)  throw or project any stone or other missile except at a side show or ring display authorised by the trustees or in the course of, and as a normal incident of, a sporting event or training therefor,

(e)  throw or project any object into an area set apart for animals,

(f)  remain, when requested to leave by a trustee or other person authorised for that purpose by the trustees, or

(g)  drive, ride or act contrary to any sign erected by the trustees that regulates the parking, traffic flow and movement of vehicles or animals.

cl 10: Am 2010 No 40, Sch 3.28.

11 Removal of trespassers

A person who trespasses or who causes annoyance or inconvenience on the land may be removed from the land by a trustee, an authorised occupier or a member of the police force or by an employee of the trustees or an authorised occupier.

12 Receipts and disbursements

(1)  All money received by the trustees shall be paid into a bank in New South Wales to the credit of an account in the name of the “Wellington Showground Trust”.

(2)  Each item of expenditure shall be authorised or confirmed for payment at a duly constituted meeting of the trustees.

(3)  Cheques drawn on the trust bank account shall be signed by a trustee and either the secretary or the treasurer.

13 Meetings of trustees

(1)  The trustees shall meet at least 6 times a year at such time and place as is specified by the chairperson.

(2)  On receipt by the chairperson of a written request for a meeting of the trustees, the chairperson shall, if the request is signed by at least 2 trustees and specifies the purpose of the meeting, call a special meeting to be held within 28 days after the chairperson receives the request at such time and place as is specified by the chairperson.

(3)  The chairperson shall, not later than 10 days before the day specified by the chairperson for a meeting of the trustees referred to in subclause (1) or (2), forward to each trustee notice in writing setting forth the time and place at which the meeting is to be held and the agenda for the meeting.

(4)  Notwithstanding subclause (3), if the chairperson is of the opinion that a special meeting of the trustees should be held as soon as possible, the chairperson may give notice of the time and place at which the special meeting is to be held and of the agenda for the meeting in such manner as appears to the chairperson to be appropriate.

14 Annual meeting

(1)  The annual meeting of the trustees shall be held on or before 31 October in each year.

(2)  At the annual meeting the trustees shall, for the ensuing year, elect a chairperson and deputy chairperson and elect or appoint a secretary, treasurer and auditor.

15 Financial year

The trustees’ financial year shall end on 31 March each year.

16 Casual vacancy

If a casual vacancy occurs in the office of chairperson, secretary, treasurer or auditor, the trustees shall, at the first meeting held after the occurrence of the casual vacancy, elect or appoint, as the case may require, a person to fill the vacancy.

17 Conduct of meetings

(1)  Meetings of the trustees shall, as far as possible, be conducted in accordance with the procedures set out in Ordinance No 1 under the Local Government Act 1919.

(2)  At a meeting of the trustees, in the event of a tied vote, the chairperson shall have a casting vote as well as a deliberative vote.

18 Penalty

A person who contravenes or fails to comply with a provision of this By-law is guilty of an offence and liable to a penalty not exceeding $500.

19 Proceedings for offences

Proceedings for an offence against this By-law may be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.