An Act to constitute the Bicentennial Park Trust and define its functions; to vest certain land at Homebush Bay in the Trust; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Bicentennial Park Trust Act 1987.
(1) Sections 1, 2 and 8 (3)–(5) shall commence on the date of assent to this Act.(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:additional trust lands means lands (other than the principal trust lands) acquired by the Trust.Manager means the person holding office, or duly acting, as Manager of Bicentennial Park.principal trust lands means the lands for the time being described in Part 1 of Schedule 1.regulations means regulations under this Act.Trust means the Bicentennial Park Trust constituted by this Act.trust lands means the principal trust lands and the additional trust lands.trustee means a trustee referred to in section 5.(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.
Part 2 The Bicentennial Park Trust
4 Constitution of the Trust
(1) There is constituted by this Act a corporation under the corporate name of the “Bicentennial Park Trust”.(2) The Trust:(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and(c) shall, in the exercise of its functions, be subject to the control and direction of the Minister.
5 Appointment of trustees etc
(1) The Trust shall consist of 7 trustees who shall be appointed by the Governor on the recommendation of the Minister.(2) Schedule 2 has effect with respect to the trustees.(3) Schedule 3 has effect with respect to the procedure of the Trust.
Part 3 Objects and functions of the Trust
6 Objects of the Trust
The objects of the Trust are:(a) to maintain and improve the trust lands,(b) to encourage the use and enjoyment of the trust lands by the public by promoting and increasing the recreational, historical, scientific, educational and cultural value of those lands,(c) to maintain the public’s right to the use of the trust lands,(d) to ensure the protection of the environment within the trust lands, and(e) such other objects, consistent with the functions of the Trust in relation to the trust lands, as the Trust considers appropriate.
7 Functions of the Trust
(1) The Trust may:(a) permit the use of the whole or any part of the trust lands for activities of a recreational, historical, scientific, educational or cultural nature,(b) in or in connection with the trust lands provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any relevant licence, permit or other authority for that purpose,(c) maintain, or make arrangements for the maintenance of, the property of the Trust,(d) subject to the regulations, charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in the exercise of any of its functions, and(e) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.(2) Subject to this Act and the regulations, the Trust shall have the control and management of all property of the Trust.(3) The fees and other amounts received by the Trust as referred to in subsection (1) (d) are the property of the Trust.(4) The Trust may invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.(5) The Trust may, and when requested by the Minister shall, make reports and recommendations to the Minister with respect to the Trust and the trust lands.(6) The Trust shall have and may exercise such functions, in addition to those specified in this section, as are reasonably necessary to achieve its objects.
Part 4 Property of the Trust
8 Vesting of principal trust lands at Homebush Bay in the Trust
(1) The land described in Part 1 of Schedule 1 shall vest in the Trust for an estate in fee simple.(2) The land described in Part 1 of Schedule 1 is freed and discharged from any trusts, obligations, estates, interests, charges and rates (other than those referred to in Part 2 of that Schedule) existing in respect of the land immediately before the land is vested in the Trust.(3) The Governor may from time to time, by proclamation published in the Gazette, amend Part 1 of Schedule 1 for the purpose of adding to the land for the time being described in Part 1 of that Schedule:(a) Crown lands (within the meaning of the Crown Lands Consolidation Act 1913) or other land of the Crown,(b) land of a public or local authority constituted by an Act of Parliament, or(c) additional trust lands.(4) The Governor may from time to time, by proclamation published in the Gazette, amend Part 2 of Schedule 1 for the purpose of adding any trusts, obligations, estates, interests, charges and rates to those for the time being described in Part 2 of that Schedule.(5) A proclamation under this section may contain provisions of a savings or transitional nature consequent on the making of the proclamation (including provisions conferring on the Trust rights and liabilities in respect of trusts, obligations, estates, interests, charges and rates added to Part 2 of Schedule 1).(6) This section does not operate so as to vest in the Trust any pipeline or cable, or any apparatus used in connection with any pipeline or cable, that:(a) was situated on or in any part of the principal trust lands immediately before that part of those lands was vested in the Trust, and(b) was laid or constructed by or on behalf of the Australian Gas Light Company, the Electricity Commission of New South Wales, the Metropolitan Water Sewerage and Drainage Board, the Sydney County Council or C.S.R. Chemicals Ltd.
9 Prohibition against disposal or compulsory acquisition of principal trust lands
(1) The Trust shall not sell, mortgage or otherwise dispose of any of the principal trust lands.(2) Notwithstanding any other Act, the principal trust lands shall not be compulsorily acquired except by an Act of Parliament.(3) This section does not affect the operation of section 12 (grant of leases, easements, licences etc).s 9: Am 1992 No 57, Sch 2.
10 Acquisition of certain other property
(1) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.(2) The rule of law against remoteness of vesting does not apply to any such condition to which the Trust has agreed.(3) If the Trust acquires any property by gift, devise or bequest, the Trust may retain the property in the form in which it was acquired, subject to any such condition to which the Trust has agreed.(4) The Stamp Duties Act 1920 does not apply to or in respect of any gift, devise or bequest made or to be made to the Trust.
11 Disposal of certain other property
(1) In this section:condition means a condition to which the Trust has agreed under section 10.(2) The Trust shall not sell, mortgage or otherwise dispose of any property acquired by gift, devise or bequest, or any property being additional trust lands, except:(a) if the property was acquired without any condition—with the approval of the Minister, or(b) if the property was acquired subject to a condition—in accordance with the condition or subsection (3).(3) If the Trust determines that any property that has been acquired by the Trust subject to a condition is not required for the purposes of the Trust, the Trust (despite that condition) may, with the approval of the Minister:(a) sell the property,(b) exchange the property for other property,(c) give the property to any recreational, scientific or educational institution, or(d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration.
12 Grant of leases, easements, licences etc
(1) The Trust may, with the approval of the Minister, grant:(a) leases of parts of the trust lands,(b) easements through, on or in the trust lands, and(c) licences for the use of parts of the trust lands.(2) The Trust may, with the approval of the Minister, impose restrictions on the use of, or impose positive covenants on, trust lands or other lands in accordance with sections 88D and 88E of the Conveyancing Act 1919.(3) A lease granted under subsection (1) (a) may not have a term that, together with the term of any further lease which may be granted pursuant to an option contained in the lease, exceeds 15 years.(3A) Subsection (3) does not apply to a lease that:(a) grants to Cawbac Pty. Limited the same estate or interest in trust lands as it had under a lease of the same trust lands in force immediately before 1 January 1988, and(b) is for a term that, together with any further term available on the exercise of an option for a further lease, expires not later than 31 December 2009.(4) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919.s 12: Am 1989 No 140, sec 3; 1997 No 17, Sch 2.1.
Part 5 Plan of management for trust lands
13 Preparation of plan of management
(1) The Trust shall, in accordance with any directions of the Minister, cause a plan of management to be prepared for the trust lands.(2) The plan of management shall contain a detailed written scheme of the operations proposed to be undertaken in or in relation to the trust lands.
14 Adoption etc of plan of management
(1) When the plan of management has been prepared, the Trust:(a) shall refer the plan to the Minister, and(b) may, with the approval of the Minister, refer a copy of the plan to any other person.(2) The Minister may:(a) adopt the plan of management, without alteration or with such alterations as the Minister thinks fit, or(b) refer it back to the Trust for further consideration.
15 Amendment or cancellation of plan of management
(1) The Trust may, in accordance with any directions of the Minister:(a) amend the plan of management from time to time, or(b) cancel the plan of management and substitute a new plan.(2) Sections 13 and 14 apply to an amendment of the plan of management or the substitution of the plan of management in the same way as they apply to the preparation of the plan of management.
16 Carrying out of plan of management
(1) A plan of management adopted by the Minister shall be carried out and given effect to by the Trust.(2) Nothing in this Part affects the operation of the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.s 16: Am 1995 No 11, Sch 1.
Part 6 Administration
(1) The Trust may establish committees to assist it in connection with the exercise of any of its functions.(2) It does not matter that any or all of the members of a committee are not trustees.(3) The Manager is an ex officio member of each committee of the Trust.(4) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings shall, subject to the regulations, be as determined by the Trust or (subject to any determination of the Trust) by the committee.
18 Staff of the Trust
(1) For the purposes of this Act:(a) a Manager of Bicentennial Park, andshall be employed under the Public Service Act 1979.(b) such other persons as may be necessary to enable the Trust to exercise its functions,(2) The Trust may:(a) with the approval of the Minister, andarrange for the use of the services of any staff or facilities of a government department, administrative office or public authority.(b) on such terms and conditions as may be approved by the Public Service Board,(3) For the purposes of this Act, a person who is employed for the purposes of subsection (1) or whose services are made use of under subsection (2) is an officer of the Trust.
19 The Manager
(1) The Manager is responsible for the administration and management of the trust lands and any services provided in conjunction with the trust lands.(2) The Manager is, in the exercise of the Manager’s functions under this Act, subject to the control and direction of the Trust.(3) The Manager shall act as secretary to the Trust.
20 Delegation by the Trust
(1) The Trust may delegate to a trustee, to a committee of the Trust or to the Manager or any other officer of the Trust the exercise of any of its functions, other than this power of delegation.(2) A delegation:(a) shall be in writing,(b) may be general or limited, and(c) may be revoked, wholly or partly, by the Trust.(3) A delegate is, in the exercise of a delegated function, subject to such conditions as are specified in the instrument of delegation.(4) A delegated function, when exercised by the delegate, shall be deemed to have been exercised by the Trust.(5) A delegation does not prevent the exercise of a function by the Trust.(6) A function purporting to have been exercised by a delegate shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 7 Miscellaneous
21 Financial year of the Trust
The financial year of the Trust shall be the year commencing 1 July.
22 Liability of vehicle owner for parking offences
(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of an offence against the regulation concerned as if the person were the actual offender guilty of the parking offence unless:(a) in any case where the offence is dealt with under section 23, the person satisfies a prescribed officer described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(b) in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(2) Nothing in this section affects the liability of the actual offender but where a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.(3) Notwithstanding subsection (1), an owner of a vehicle is not, by virtue of that subsection, guilty of an offence if:(a) in any case where the offence is dealt with under section 23, the person:(i) within 21 days after service on the person of a notice under that section alleging that the person is guilty of the offence, supplies by statutory declaration to a prescribed officer described in the notice the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies that prescribed officer that the person did not know and could not with reasonable diligence have ascertained that name and address, or(b) in any other case, the person:(i) within 21 days after service on the person of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.(4) A statutory declaration under subsection (3) if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.(5) A statutory declaration which relates to more than one offence shall be deemed not to be a statutory declaration under, or for the purposes of, subsection (3).(6) In this section:owner of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 1999.parking offence means any offence of parking a vehicle in contravention of the regulations.s 22: Am 1997 No 119, Sch 2.1  (am 1998 No 26, Sch 1 ) ; 1999 No 19, Sch 2.1  .
23 Penalty notices for offences against regulations
(1) If it appears to a prescribed officer that any person has committed, or by virtue of section 22 is guilty of, any offence against a regulation, the officer may serve a notice on that person to the effect that, if that person does not desire to have the matter determined by a court, that person may pay to the Manager, within a time specified in the notice, an amount of penalty prescribed by the regulations for the offence if dealt with under this section.(2) Any such notice:(a) may be served personally or by post, or(b) if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 22, may be addressed to the owner without naming the owner or stating the address of the owner and may be served by leaving it on or attaching it to the vehicle.(3), (4) (Repealed)(5) If the amount of any penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.(6) Payment of a penalty in accordance with this section shall not be regarded as an admission of liability for the purpose of nor in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.(7) The provisions of this section shall be construed as supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act in relation to proceedings which may be taken in respect of offences.s 23: Am 1992 No 34, Sch 1.
24 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:(a) the constitution of the Trust,(b) any resolution of the Trust,(c) the appointment of, or the holding of office by, any trustee, or(d) the presence of a quorum at any meeting of the Trust.
25 Proceedings for offences
Proceedings for an offence against this Act or the regulations shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:(a) the use and enjoyment of the trust lands,(b) the care, control and management of the trust lands,(c) the determination and payment of fees for:(i) the use of recreation areas in the trust lands,(ii) the use of roadways or other areas within the trust lands for organised activities,(iii) filming or photographing within the trust lands for the purpose of cinema or television productions or for commercial purposes,(iv) the use or purchase of any written or other material that is the property of the Trust, and(v) such other items or services as the Trust may provide,(d) the meetings of the Trust,(e) the committees of the Trust, and(f) the use and custody of the seal of the Trust.(2) A regulation may create an offence punishable by a penalty not exceeding 2 penalty units.(3) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,(4) In this section, a reference to the trust lands includes a reference to any part of the trust lands.s 26: Am 1992 No 112, Sch 1.
s 27: Rep 1999 No 85, Sch 4.
Schedule 1 Land vested in the Trust
Part 1 Description of principal trust landsAll those pieces or parcels of land situated in the Municipalities of Strathfield, Auburn and Concord, Parish of Concord and County of Cumberland, being lot 1 Deposited Plan 740598, lot 1 Deposited Plan 740599 and lots 2, 6, 7 and 10 Deposited Plan 740600, and having a total area of 100.4 hectares or thereabouts.
ALL THOSE pieces or parcels of land situated in the Parish of Concord and County of Cumberland being Lot 4 in Deposited Plan 740600 (Folio Identifier 4/740600), and Lots 10–12 inclusive in Deposited Plan 736511 (Folio Identifiers 10/736511, 11/736511 and 12/736511 respectively).
Part 2 Leases, interests etc not affected by vesting
sch 1: Am GG No 154 of 30.11.1990, p 10486.
Schedule 2 Provisions relating to the trustees
(Section 5 (2))
2 Chairperson of the Trust
(1) Of the trustees, one shall, in and by the relevant instrument of appointment as a trustee or by another instrument executed by the Governor, be appointed as Chairperson of the Trust.(2) The Governor may remove a trustee from the office of Chairperson.(3) The Chairperson shall be deemed to have vacated the office of Chairperson if the Chairperson:(a) is removed from that office by the Governor under subclause (2),(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a trustee.(4) The Chairperson may be referred to as the Chairman or Chairwoman.
3 Acting trustees and acting Chairperson
(1) The Minister may, from time to time, appoint a person to act in the office of a trustee during the illness or absence of the trustee, and the person, while so acting, shall have and may exercise all the functions of the trustee and shall be deemed to be a trustee.(2) The Minister may, from time to time, appoint a trustee to act in the office of Chairperson during the illness or absence of the Chairperson, and the trustee, while so acting, shall have and may exercise all the functions of the Chairperson and shall be deemed to be the Chairperson.(3) The Minister may remove any person from any office to which the person was appointed under this clause.(4) A person while acting in the office of a trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(5) For the purposes of this clause, a vacancy in the office of a trustee or the Chairperson shall be deemed to be an absence from office of the trustee or Chairperson, as the case may be.
4 Term of office
Subject to this Schedule, a trustee shall hold office for such period, not exceeding 4 years, as may be specified in the instrument of appointment of the trustee, but is eligible (if otherwise qualified) for re-appointment.
(1) A trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the trustee.(2) In this clause:trustee includes any member of a committee of the Trust.
6 Filling of vacancy in office of trustee
If the office of any trustee becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
7 Casual vacancies
(1) A trustee shall be deemed to have vacated office if the trustee:(a) dies,(b) absents himself or herself from 3 consecutive meetings of the Trust of which reasonable notice has been given to the trustee personally or in the ordinary course of post, except on leave granted by the Trust or unless, before the expiration of 6 weeks after the last of those meetings, the trustee is excused by the Trust for being absent from those meetings,(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(d) becomes a temporary patient or a continued treatment patient within the meaning of the Mental Health Act 1958, a forensic patient within the meaning of the Mental Health Act 1983 or a protected person within the meaning of the Protected Estates Act 1983,(e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,(f) resigns the office by instrument in writing addressed to the Minister, or(g) (Repealed)(h) is removed from office by the Governor under subclause (2) or (3).(2) The Governor may remove a trustee from office.(3) Without limiting the generality of subclause (2), the Governor may remove from office a trustee who contravenes the provisions of clause 8.
8 Disclosure of pecuniary interests
(1) A trustee who has a direct or indirect pecuniary interest:(a) in a matter that is being considered, or is about to be considered, at a meeting of the Trust, orshall, as soon as possible after the relevant facts have come to the trustee’s knowledge, disclose the nature of the interest at a meeting of the Trust.(b) in a thing being done or about to be done by the Trust,(2) A disclosure by a trustee at a meeting of the Trust that the trustee:(a) is a member, or is in the employment, of a specified company or other body,(b) is a partner, or is in the employment, of a specified person, orshall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.(c) has some other specified interest relating to a specified company or other body or a specified person,(3) The Trust shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Trust from time to time.(4) After a trustee has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the trustee shall not, unless the Minister otherwise determines:(a) be present during any deliberation of the Trust, or take part in any decision of the Trust, with respect to that matter, oras the case requires.(b) exercise any functions under this Act with respect to that thing,(5) Notwithstanding that a trustee contravenes the provisions of this clause, that contravention does not invalidate any decision of the Trust or the exercise of any function under this Act.(6) A reference in this clause to a meeting of the Trust includes a reference to a meeting of a committee of the Trust.
9 Effect of certain other Acts
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a trustee and a trustee is not, as a trustee, subject to that Act.(2) If by or under any other Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthat provision does not operate to disqualify the person from holding that office and also the office of a trustee or from accepting and retaining any remuneration payable to the person under this Act as a trustee.(b) prohibiting the person from engaging in employment outside the duties of that office,(3) The office of a trustee shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
10 Liability of trustees etc
No matter or thing done by the Trust, any trustee or any person acting under the direction of the Trust shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a trustee or a person so acting personally to any action, liability, claim or demand.
sch 2: Am 1990 No 46, Sch 1; 1999 No 94, sec 7 (2) and Sch 5, Part 2.
Schedule 3 Provisions relating to the procedure of the Trust
(Section 5 (3))
1 General procedure
The procedure for the calling of meetings of the Trust and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Trust.
The quorum for a meeting of the Trust is 4 trustees.
3 Presiding trustee
(1) The Chairperson of the Trust or, in the absence of the Chairperson, another trustee elected to chair the meeting by the trustees present shall preside at a meeting of the Trust.(2) The person presiding at any meeting of the Trust has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present shall be the decision of the Trust.
The Trust shall cause full and accurate minutes to be kept of the proceedings of each meeting of the Trust.
6 The Manager
The Manager is entitled to be heard by the Trust on any matter considered by the Trust and, unless the Trust otherwise directs, is entitled to be present at each meeting of the Trust.
7 First meeting of the Trust
The Minister shall call the first meeting of the Trust in such manner as the Minister thinks fit.