Sydney Olympic Park Authority Act 2001 No 57
Current version for 1 December 2018 to date (accessed 9 August 2020 at 00:30)
Part 4 Division 3
Division 3 Millennium Parklands
28   Authority’s objects concerning the Millennium Parklands
The objects of the Authority in relation to the Millennium Parklands are as follows:
(a)  to maintain and improve the Millennium Parklands,
(b)  to encourage the use and enjoyment of the Millennium Parklands by the public by promoting and increasing the recreational, historical, scientific, educational and cultural value of the Millennium Parklands,
(c)  to maintain, in accordance with any relevant plan of management referred to in this Part and the regulations, the public’s right to the use of the Millennium Parklands,
(d)  to ensure the protection of the environment within the Millennium Parklands,
(e)  in relation to the Newington Nature Reserve, to ensure the achievement of the purposes for which the nature reserve is deemed to be dedicated under section 49 (3) of the National Parks and Wildlife Act 1974,
(f)  such other objects, consistent with the functions of the Authority in relation to the Millennium Parklands, as the Authority considers appropriate.
29   Authority’s functions concerning the Millennium Parklands
The Authority has the following functions in relation to the Millennium Parklands:
(a)  to maintain the Millennium Parklands,
(b)  to permit the use of the whole or any part of the Millennium Parklands for activities of a recreational, historical, scientific, educational or cultural nature,
(c)  to exercise such other functions of the Authority as are necessary or convenient in order to give effect to any relevant plan of management referred to in this Part.
30   Newington (formerly Silverwater) Nature Reserve
(1)  This section applies to the Silverwater Nature Reserve dedicated by proclamation published in Government Gazette No 121 of 15 September 2000 at page 10588.
(2)  The name of the nature reserve is altered to Newington Nature Reserve.
(3)  Nothing in subsection (2) affects section 51 of the National Parks and Wildlife Act 1974.
(4)  Nothing in this Act affects the continuing application of the National Parks and Wildlife Act 1974, and the regulations under that Act, to the Newington Nature Reserve.
(5)  In order to assist the making of future additions of land to the Newington Nature Reserve, the Authority must manage the lands adjoining the Reserve in sympathy with the Reserve.
31   Prohibition against disposal or compulsory acquisition
(1)  The Authority must not sell, mortgage or otherwise dispose of the Millennium Parklands, or any part of the Millennium Parklands.
(2)  Despite any other Act, the Millennium Parklands, or any part of the Millennium Parklands, cannot be compulsorily acquired except by an Act of Parliament.
(3)  This section does not affect the operation of section 32.
32   Grant of leases, easements and licences
(1)  The Authority may, in accordance with the provisions of this section and with the approval of the Minister, grant:
(a)  leases of parts of the Millennium Parklands, and
(b)  easements through, on or in the Millennium Parklands, and
(c)  licences for use of parts of the Millennium Parklands.
(2)  A lease, licence or any other interest or estate in respect of the Millennium Parklands may be granted by the Authority:
(a)  for the provision of public utilities and works associated with or ancillary to public utilities, or
(b)  in accordance with an express authorisation in the plan of management for the Millennium Parklands and with such provisions of the plan of management as apply to the granting of the lease, licence or other interest or estate.
(3)  The plan of management is to specify the purpose for which any such lease, licence or other interest or estate is to be granted by tender only.
(4)  If the Authority proposes to grant a lease, licence or other interest or estate in respect of the Millennium Parklands, the Authority must:
(a)  give public notice of the proposal, and
(b)  exhibit notice of the proposal on the land to which the proposal relates, and
(c)  give notice of the proposal to such persons as appear to the Authority to own or occupy the land adjoining the land to which the proposal relates.
(5)  The notice of the proposal must include:
(a)  information sufficient to identify the land concerned, and
(b)  the purpose for which the land will be used under the proposed lease, licence or other interest or estate, and
(c)  the full term of the proposed lease, licence or other interest or estate, and
(d)  the name (if known) of the person to whom it is proposed to grant the lease, licence or other interest or estate, and
(e)  a statement that submissions in writing may be made with respect to the granting of the proposed lease, licence or other interest or estate within such period (of not less than 28 days) as is specified in the notice.
(6)  Any person may make a submission in writing on the proposal to the Authority during the period specified in the notice.
(7)  The Authority must, before granting the proposed lease, licence or other interest or estate, take into consideration all submissions duly made to it.
(8)  In addition to any other restrictions created by a lease granted under subsection (1), land that is the subject of any such lease cannot be sublet for a purpose other than a purpose for which the land is permitted to be used under the plan of management.
(9)  The Authority may, with the approval of the Minister, impose restrictions on the use of, or impose positive covenants on, the Millennium Parklands or other lands in accordance with sections 88D and 88E of the Conveyancing Act 1919.
(10)  A lease granted under subsection (1) (a) may not have a term that, together with the term of any further lease that may be granted pursuant to an option contained in the lease, exceeds 25 years.
(11)  Subsection (10) does not apply to a lease that:
(a)  grants to Cawbac Pty Limited (or any transferee, assignee or successor in title) the same estate or interest in the Millennium Parklands as it had under a lease of the same 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.
(12)  This section does not apply to the Newington (formerly Silverwater) Nature Reserve.
(12A)  Despite subsection (1), the Chief Executive, or a member of staff of the Authority designated in writing by the Chief Executive for the purposes of this subsection, may grant a licence referred to in subsection (1) (c) that is for a term of 5 years or less without having to obtain the Minister’s approval for the grant.
(13)  In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919.
33   Precincts
(1)  The Authority may divide the Millennium Parklands into precincts.
(2)  The Authority may abolish one or more precincts or change the boundaries of a precinct.
(3)  The Authority may name or rename a precinct.
34   Preparation of plan of management
(1)  The Authority, in accordance with any directions of the Minister, must prepare or ensure the preparation of a plan of management for the Millennium Parklands.
(2)  The plan of management is to contain a detailed written scheme of the operations proposed to be undertaken in respect of the Millennium Parklands.
(3)  The plan of management may incorporate a plan of management prepared by the Chief Executive of the Office of Environment and Heritage under Part 5 (Plans of management) of the National Parks and Wildlife Act 1974 in relation to the Newington Nature Reserve.
(4)  Sections 36–36N of the Local Government Act 1993 (other than sections 36 (1) and (2), 36A (2), 36A (3) (d) and (5), 36B (3), (4) (d) and (6), 36C (2) and (5) and 36D (2), (3) (d) and (5) of that Act) apply to and in respect of the Millennium Parklands as if:
(a)  the Millennium Parklands were community land within the meaning of that Act, and
(b)  the Authority were a council within the meaning of that Act, and
(c)  section 36 (4) of that Act included “contaminated land” as a category.
(5)  A plan of management, and a report that includes a summary of public submissions and responses by the Authority, must be available for public inspection at, and purchase from, the office of the Authority during ordinary office hours.
(6)  The Authority must ensure that the plan of management includes, after consultation with the Chief Executive of the Office of Environment and Heritage, a proposal that land adjoining the Newington Nature Reserve is to be managed as a buffer to that reserve.
35   Adoption of plan of management
(1)  When the plan of management has been prepared, the Authority is to give public notice that the plan has been prepared and must, in the notice:
(a)  specify the address of the place at which copies of the plan may be inspected, and
(b)  specify the address to which representations in connection with the plan may be forwarded.
(2)  Any person may, within one month after public notice is given, or within such longer period as may be specified in the notice, make representations to the Authority concerning the plan of management.
(3)  The Authority must refer all representations to the Advisory Committee for Millennium Parklands established under section 62 for its consideration and advice.
(4)  The Authority is to submit the plan of management to the Minister together with any comments and suggested amendments of the Advisory Committee for Millennium Parklands and a report that includes a summary of public submissions and responses by the Authority.
(5)  The Minister may:
(a)  adopt the plan of management, without alteration or with such alterations as the Minister thinks fit, or
(b)  refer the plan of management back to the Authority for further consideration.
(6)  The Minister must not adopt the plan of management unless the Minister for the Environment has concurred in the adoption of the plan.
(7)  Once the plan of management is adopted, any member of the public is entitled to inspect, free of charge, at the office of the Authority during ordinary office hours:
(a)  a copy of the plan, and
(b)  a copy of a report on the public submissions, and the responses by the Authority, made in respect of the plan.
(8)  The Minister must not adopt the plan of management, or any amendment of a plan of management, unless the Minister has considered the consistency of the plan, or the amendment, with the Environmental Guidelines.
36   Amendment or cancellation of plan of management
(1)  The Authority 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 34 and 35 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 or the adoption of the plan of management.
(3)  However, sections 34 and 35 do not apply to a plan of management made as referred to in section 34 (3) that is incorporated into the plan of management.
37   Carrying out of plan of management
(1)  The Authority is to carry out and give effect to a plan of management adopted by the Minister.
(2)  The Millennium Parklands must be used and managed in accordance with the plan of management.
(3)  Pending adoption of the plan, the nature and use of the Millennium Parklands cannot be changed.