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 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].
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 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.
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 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]).
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.