Centennial Park and Moore Park Trust Act 1983 (NSW)

Centennial Park and Moore Park Trust Act 1983 No 145 An Act to constitute the Centennial Park and Moore Park Trust and define its functions; to vest certain land and other property in that Trust; and to repeal the Centenary Celebration Act and the Centenary Park Sale Act 1904. Part 1 Preliminary 1 Name of Act This Act may be cited as the Centennial Park and Moore Park Trust Act 1983. 2, 3 (Repealed) 4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022. authorised person means— (a) a police officer, or (b) an authorised officer appointed under section 16. Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Centennial Park and Moore Park Trust. function includes a power, authority or duty, and exercise a function includes perform a duty. Greater Sydney Parklands Trust has the same meaning as in the Greater Sydney Parklands Trust Act 2022. original land means the land that is described in section 5. owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013. plan of management means a detailed scheme of operations to be undertaken in relation to the land vested in the Trust. supplementary land means land acquired by the Trust that is not original land. Trust means the Centennial Park and Moore Park Trust constituted by section 6. Trust lands means the original land and any supplementary land for the time being vested in the Trust. trustee means a trustee referred to in section 7. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) (Repealed) (3) Notes included in this Act do not form part of this Act. 5 Trust lands—original land (1) For the purposes of this Act, all land vested in the Trust immediately before the commencement of the amending Act is original land. (2) In this section, amending Act means the Centennial Park and Moore Park Trust Amendment Act 2012. Note— On the commencement of the amending Act, original land includes the following land— (a) the land known as Centennial Park, (b) the land known as Moore Park, (c) the land known as E. S. Marks Athletics Field, (d) the land formerly known as Sydney Showground, (e) the land known as Queens Park, (f) certain other lands (for example, Tay Reserve and Drivers Triangle). Part 2 The Centennial Park and Moore Park Trust 6 Constitution of Trust (1) There is hereby constituted a corporation under the corporate name of the "Centennial Park and Moore 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 (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister. 7 Appointment and procedure (1) The Trust consists of the following members— (a) the Chief Executive, (b) the 7 appointed members of the Board of the Greater Sydney Parklands Trust. (2) Schedule 1 has effect with respect to the trustees and procedure of the Trust. 7A Community consultation (1) It is the duty of the Trust to establish an effective procedure for community consultation concerning the activities and policies pursued by the Trust from time to time. (2) The procedure for community consultation is to include the establishment of a Community Consultative Committee whose members are to be appointed by the Trust on the recommendation of the Chief Executive. (3) The membership and procedure of the Committee is (subject to this section) to be as provided by the regulations. (4) The regulations may make provision for or with respect to the number of members, their appointment, term of office and removal and the filling of vacancies. (5) The Committee is to meet at least once in each quarter starting on 1 January, 1 April, 1 July and 1 October. 8 Objects of 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, cultural and environmental value of those lands, (c) to maintain the right of the public 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. 9 Functions of 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 licence, permit or other authority in connection therewith, (c) in pursuance of its objects, procure specimens and obtain scientific data from within or outside the State, (d) maintain, or make arrangements for the maintenance of, the property of the Trust, (e) in pursuance of its objects, carry out surveys, assemble collections and engage in scientific research, including research outside the State, with respect to botany and ornamental horticulture, (f) disseminate scientific information to the public and educational and scientific institutions, whether within or outside the State, (g) promote and provide exhibits, lectures, films, publications and other types of educational instruction relating to botany and ornamental horticulture, (h) 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 its exercise of any of the powers granted to it by this section, which fees or other amounts shall be the property of the Trust, and (i) 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 vested in the Trust. (3) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property. (4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property. (5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3). (6) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust. (7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions. (8) A person may be appointed to a committee whether or not the person is a trustee. (9) The Trust may establish, control and manage branches or departments with respect to the Trust lands, or any part thereof. (10) The Trust may borrow money only in accordance with the Government Sector Finance Act 2018. (11) The Trust may, and when requested by the Minister shall, make reports and recommendations to the Minister with respect to any matter relating to the objects of the Trust and in particular with respect to the future management of Trust lands. (12) (Repealed) 9A Open tender process to be used for leases and certain licences The Trust must not grant a lease, or a licence with a term of 10 years or more, over all or part of the Trust lands unless the granting of the lease or licence has been the subject of an open tender process. 10 Disposal of certain land prohibited Subject to section 20 (2), the Trust shall not sell, mortgage, demise or otherwise dispose of any of the original land. 11 Dealings with certain property (1) In this section, condition means a condition to which the Trust has agreed under section 9 (3). (2) Subject to subsection (3), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any property being supplementary land otherwise acquired, except— (a) where the property was acquired without any condition—with the approval of the Minister (which may be given in respect of any case or class of cases), or (b) where the property was acquired subject to a condition—in accordance with the condition or section 12. (3) Subject to section 9 (4), and except to the extent that it would be in breach of a condition, the Trust shall 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. 12 Disposal of certain property (1) Subject to subsection (2), where the Trust resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 9 (3) is not required for the purposes of the Trust, the Trust may— (a) sell the property and retain the proceeds of the sale as property of the Trust, (b) exchange the property for other property, (c) give the property to an educational or scientific 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, notwithstanding the condition subject to which the property was acquired. (2) The Trust shall not sell, exchange, give or dispose of any property under subsection (1) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent. (3) The Minister may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent. 12A Delegation of Trust's functions (1) The Trust may delegate any of its functions, other than this power of delegation, to an authorised person. (2) If authorised by the Trust, an authorised person may subdelegate a function delegated to the person by the Trust. (3) In this section— authorised person means— (a) a trustee, or (b) a member of the staff of the Greater Sydney Parklands Trust, or (c) the head of a government sector agency or another member of the staff of a government sector agency, or (d) a person who is a member of a class of persons prescribed by the regulations. Part 2A 12B–12E (Repealed) Part 3 Planning, consultation and engagement Division 1 Planning 13 Plan of management (1) The Trust must— (a) have an approved plan of management for each park in the Trust lands, and (b) give effect to the approved plan of management. (2) The approved plan of management must provide a plan to guide the following— (a) the use of land within the park, (b) the development of the park, (c) activities carried out on or in the park, (d) the management and operation of the park. (3) In preparing a proposed plan of management, the Trust must consult with— (a) government sector agencies, within the Government Sector Employment Act 2013, section 3(1), that manage land within the Trust lands, and (b) any other person or board with whom consultation is required under the approved consultation and engagement framework. (4) The Trust must give the proposed plan of management to the Greater Sydney Parklands Trust for that Trust to submit to the Minister for approval. (5) The Trust must review the approved plan of management at least every 7 years. (6) In this section— approved plan of management means a plan of management approved by the Minister under the Greater Sydney Parklands Trust Act 2022. Division 2 Consultation and engagement 14 Community trustee boards (1) This section applies if there is a community trustee board for the Trust lands. (2) The Trust must, in exercising its functions in relation to the Trust lands— (a) consult with the community trust board, and (b) have regard to the advice and recommendation of the board in relation to the Trust lands. (3) Without limiting subsection (2), the Trust must consult with and have regard to the advice of a community trustee board established for the Trust lands about the following— (a) the development and review of the plan of management for the Trust lands, (b) proposed new or modified services and facilities for the Trust lands, (c) matters of local relevance to the Trust lands, including the protection and use of the Trust lands and the business and other activities carried out, or to be carried out, on the Trust lands. (4) In this section— Trust lands includes a part of the Trust lands. 15 Compliance with approved consultation and engagement framework The Trust must, in exercising its functions in relation to consultation and engagement with any of the following, comply with the approved consultation and engagement framework— (a) the community generally, (b) visitors and other users of the Trust lands, (c) a community trustee board, (d) other stakeholders. Part 3A 15A–15P (Repealed) Part 4 Enforcement and legal proceedings Division 1 Authorised officers 16 Appointment The Trust may appoint the following to be an authorised officer for this Act— (a) a person employed in the Public Service, (b) a person who is a member of a class prescribed by the regulations. 17 Functions An authorised officer has the functions conferred by— (a) this Act, or (b) the regulations. 18 Identification card (1) The Trust must issue each authorised officer with an identification card. (2) An identification card must— (a) state that it is issued under this Act, and (b) state the name of the person to whom it is issued, and (c) describe the nature of the functions conferred on the person, and (d) state the date on which the card expires, and (e) be signed by the Chief Executive. (3) In exercising functions under this Act, an authorised officer must, if asked by a person affected by the exercise of a function, produce the authorised officer's identification card to the person. Division 2 Offences 18A Requirement for owner of vehicle and others to give information (1) If a driver of a vehicle is alleged to have committed an offence against this Act or the regulations, an authorised officer may require— (a) the owner of the vehicle or another person having custody of the vehicle to immediately give the officer information about the name and residential address of the driver, or (b) another person to give the officer information that— (i) is in the person's power to give, and (ii) may lead to the identification of the driver. (2) A requirement under subsection (1)(a) may require the owner or other person to give the information in a written statement signed by the owner or person. (3) A person of whom a requirement is made under subsection (1)(a) or (b) must, unless the person has a reasonable excuse, comply with the requirement. Maximum penalty—10 penalty units. (4) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant satisfies the court the defendant did not know, and could not with reasonable diligence have ascertained, the driver's name or residential address. (5) If a written statement purporting to be given under subsection (1)(a) and to contain the name and residential address of the driver of a vehicle at the time of the commission of an alleged offence against this Act or the regulations is produced in a court in proceedings against the person named in the statement as the driver for the offence, the statement is evidence, without proof of signature, that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court. 18B Liability of vehicle owner for certain offences (1) Where an offence against any regulation 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 as if the person were the actual offender guilty of the offence unless— (a) in any case where the offence is dealt with under section 24, 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 shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from any person in relation to any such offence no further penalty shall be imposed on or recovered from any other person in relation thereto. (3) Notwithstanding subsection (1), no owner of a vehicle shall, by virtue of that subsection, be guilty of an offence if— (a) in any case where the offence is dealt with under section 24, the person— (i) within 21 days after service on the person of a notice under that section in respect of the offence, gives a prescribed officer referred to in the notice an approved nomination notice containing 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 court attendance notice in respect of the offence, gives the informant an approved nomination notice containing 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. (3A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 24 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996. (3B) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or an informant for the purposes of this section, a prescribed officer or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice. (4) A statutory declaration under subsection (3B) if produced in any proceedings against the person named therein and in relation to the offence in respect of which the statutory declaration was supplied shall be prima facie evidence that that person was in charge of the vehicle at all relevant times relating to that offence. (5) An approved nomination notice or a statutory declaration which relates to more than one offence is taken not to be an approved nomination notice or a statutory declaration under, or for the purposes of, subsection (3) or (3B). (6) In this section— approved nomination notice has the same meaning as in section 38 of the Fines Act 1996. 18C Penalty notices (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed (or is, by virtue of section 23, guilty of) a penalty notice offence. (2) A penalty notice offence is an offence against the regulations that is prescribed by the regulations as a penalty notice offence. (3) A penalty notice that relates to an offence of which the owner of a vehicle is guilty by virtue of section 23 may be issued to the owner by being addressed to the owner (without naming the owner or stating the owner's address) and being left on, or attached to, the vehicle. This subsection does not limit the manner in which any such penalty notice may be issued under section 21 of the Fines Act 1996. (4) The Fines Act 1996 applies to a penalty notice issued under this section. Note— The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence. (5) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court). (6) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences. (7) In this section, authorised officer means a person who is declared by the regulations to be an authorised officer for the purposes of this section or who belongs to a class of persons so declared. 18D Offences by corporations (1) This section applies if a corporation commits an offence against this Act or the regulations. (2) Each of the following persons is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence— (a) a director of the corporation, (b) another person concerned in the management of the corporation. (3) Subsection (2) does not apply to an offence against section 18A(1). (4) Proceedings may be brought against a person mentioned in subsection (2), and the person convicted, whether or not— (a) proceedings are brought against the corporation, or (b) the corporation is convicted of an offence. (5) This section does not affect any liability imposed on a corporation for an offence committed by the corporation. Division 3 Legal proceedings 18E Proceedings for offences (1) Proceedings for an offence against this Act or the regulations may be disposed of summarily before the Local Court. (2) Any such proceedings may be commenced only within 12 months after the time when the offence is alleged to have been committed. 18F Proof of certain matters not required In legal proceedings under this Act, proof is not required, unless evidence is given to the contrary, of the following matters— (a) the constitution of the Trust, (b) a resolution of the Trust, (c) the appointment of, or the holding of office by, a trustee, (d) the presence of a quorum at a meeting of the Trust. 18G Compensation for loss or damage to Trust property (1) This section applies if— (a) a person is convicted of an offence against this Act or the regulations, and (b) the court before which the person was convicted is satisfied the commission of the offence caused or resulted in loss or damage to Trust lands or other property of the Trust. (2) The court may order the person to pay to the Trust the amount the court thinks appropriate by way of compensation for the loss or damage. (3) The court may make an order under subsection (2) whether or not it imposes a penalty for the offence. (4) An order made by a court under the Crimes (Sentencing Procedure) Act 1999, section 10 in proceedings for an offence against this Act or the regulations is, for subsection (1), taken to be a conviction of the offence. 18H Recovery of money owing to Trust A charge, fee or other money owing to the Trust may be recovered by the Trust as a debt due in a court of competent jurisdiction. Part 4A (Repealed) Part 5 Miscellaneous 19 Resumption of original land requires Act of Parliament (1), (1A) (Repealed) (2) Notwithstanding anything contained in any other Act and subject to this Act, the original land shall not be appropriated or resumed except by an Act of Parliament. 20 Grant of leases, easements and licences (1) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919. (2) The Trust may grant a lease over any part of the Trust lands for a purpose, including a commercial purpose, that would help the Trust achieve its objects. Example of a lease for a commercial purpose— a lease for a restaurant (2A) A lease under subsection (2) must be granted on the terms and conditions approved by the Minister. (3) A lease granted under subsection (2) must not have a term that, together with the term of any further lease that may be granted under an option in respect of it, exceeds 99 years. (3A) Also, the Trust may grant— (a) an easement through, on or in the Trust lands for the following purposes— (i) the construction of pipelines, the laying or re-laying of cables or the construction of apparatus to be used in connection with the pipelines or cables, (ii) providing access to dwellings situated on or within Trust lands, (iii) another purpose the Trust considers necessary that would directly or indirectly help the Trust achieve its objects, and (b) a licence for the use of part of the Trust lands. (3B) An easement or licence under subsection (3A) must be granted on the terms and conditions approved by the Minister. (3C) The Minister's consent or approval under this section may be— (a) given in relation to— (i) particular land or a class of land, or (ii) a particular lease, easement or licence or a class of leases, easements or licences, and (b) subject to conditions, including conditions about public consultation that are consistent with the approved consultation and engagement framework, and (c) amended from time to time. (4) Sections 88A and 181A of the Conveyancing Act 1919 apply to and in respect of an instrument purporting to grant an easement under subsection (3A)(a). (5) Without limiting the generality of subsection (3A)(b), the Trust may, from time to time, grant licences authorising entry upon the Trust lands for the purpose of the maintenance, re-laying or repair of any pipelines or cables or the maintenance or repair of any apparatus used in connection therewith, being pipelines, cables or apparatus situated on or in those lands at the commencement of this section. 20AA Restrictions on parking in Moore Park East (1) The following areas of the Trust lands are closed to parking of vehicles— (a) the non-parking areas, (b) carpark 2, Lower Kippax—from the later of the following— (i) 1 July 2026, (ii) a date prescribed by regulation, (c) non-parking grass areas that are not referred to in paragraph (b)—from the later of the following— (i) 1 July 2028, (ii) a date prescribed by regulation. (1A) The Minister may recommend the making of a regulation under subsection (1)(b)(ii) or (c)(ii) only if— (a) for subsection (1)(b)(ii)—a new car park on Venues NSW's land adjacent to the Sydney Football Stadium is not built and open to the public and operational, and (b) for subsection (1)(c)(ii)—the Minister is satisfied there is no appropriate plan to address transport needs, including parking, in relation to events at the Sydney Cricket Ground and Sydney Football Stadium. (1B) Also, if a regulation is made under subsection (1)(c)(ii), the Minister must— (a) within 1 month after the making of the regulation, give a report to the Presiding Officer of each House of Parliament about why the Minister recommended the making of the regulation, and (b) while the regulation remains in force, give a report to the Presiding Officer of each House of Parliament at least once in each 12 month period about why the Minister considers the regulation remains necessary. (1C) A report provided to the Presiding Officer of a House of Parliament under subsection (1B) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer. (2) In this section— non-parking areas means the areas of the Trust lands that are— (a) shown on a map, included in the regulations, as being areas in or on which parking is not allowed, (b) otherwise described in the regulations as being areas in or on which parking is not allowed. carpark 2, Lower Kippax means the part of the non-parking grassy area shown on the map in Schedule 3 and marked 'Car park 2 - Lower Kippax'. non-parking grass areas means grassy areas shown on the maps set out in Schedule 3 as being areas in Moore Park East in or on which parking is not allowed. Venues NSW's land has the same meaning as in the Sporting Venues Authorities Act 2008. 20A Use of Trust lands for events attracting large crowds (1) The Trust is under a duty not to authorise the use or enter into arrangements for the use of any Trust lands for the purpose of a concert or other event for which it is reasonably anticipated that more than 20,000 persons at one time will resort to the land, unless the use of the land for that purpose is authorised by a regulation relating specifically to that concert or other event or to a class of concerts or other events that includes that concert or other event. (2) Such a regulation is not effective unless written notice, in accordance with section 40 of the Interpretation Act 1987, of the making of the regulation has been laid before each House of Parliament and at least 5 sitting days have elapsed in each House since the date on which that notice was given in the House concerned. (3) A regulation made in accordance with this section may impose or provide for the imposition of conditions on the use of the land for the purpose contemplated by the regulation. 20B Licence of land for public transport purposes (1) The Minister for Transport has, on such terms and conditions as are agreed from time to time by the Minister for the Environment and the Minister for Transport, a permanent licence for the use of the land described in subsection (2) for public transport purposes and purposes ancillary to those purposes. (2) The land the subject of the licence conferred by this section is the land shown as the site of a proposed easement for a public transport corridor within Lots 1763, 1769, 1770 and 1771 in Deposited Plan 821362. (3) The Trust must not— (a) take any action, or carry out any function,