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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Centennial Park and Moore Park Trust Amendment Bill 2012 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Principal amendments to Centennial Park and Moore Park Trust Act 1983 No 145 3 Schedule 2 Statute law revision amendments to Centennial Park and Moore Park Trust Act 1983 No 145 5 b2012-014-33.d07a New South Wales Centennial Park and Moore Park Trust Amendment Bill 2012 No , 2012 A Bill for An Act to amend the Centennial Park and Moore Park Trust Act 1983 in relation to the leasing of Trust lands; and for other purposes. Clause 1 Centennial Park and Moore Park Trust Amendment Bill 2012 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Centennial Park and Moore Park Trust Amendment 3 Act 2012. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Centennial Park and Moore Park Trust Amendment Bill 2012 Principal amendments to Centennial Park and Moore Park Trust Act 1983 Schedule 1 No 145 Schedule 1 Principal amendments to Centennial 1 Park and Moore Park Trust Act 1983 2 No 145 3 [1] Section 15 4 Omit the section. Insert instead: 5 15 Delegation of Trust's functions 6 (1) The Trust may delegate to an authorised person any of its 7 functions, other than this power of delegation. 8 (2) A delegate may sub-delegate to an authorised person any 9 function delegated by the Trust if the delegate is authorised in 10 writing to do so by the Trust. 11 (3) In this section, authorised person means: 12 (a) a trustee, or 13 (b) the Director or any member of staff of the Trust, or 14 (c) a NSW Government agency or local authority, or a 15 member of staff of any such agency or authority, or 16 (d) a person, or group of persons, of a class prescribed by the 17 regulations. 18 [2] Section 20 Grant of leases, easements and licences 19 Omit section 20 (3). Insert instead: 20 (3) A lease granted under subsection (2) must not have a term that, 21 together with the term of any further lease that may be granted 22 under an option in respect of it, exceeds 99 years. The Trust must 23 obtain the approval of the Minister if any such proposed lease has 24 a term that, together with the term of any further lease that may 25 be granted under an option in respect of it, exceeds 50 years. 26 [3] Schedule 1 Provisions relating to trustees and procedure of the Trust 27 Insert after clause 9: 28 9A Transaction of business outside meetings or by electronic means 29 (1) The Trust may, if it thinks fit, transact any of its business by the 30 circulation of papers among all the trustees for the time being, 31 and a resolution in writing approved in writing by a majority of 32 those trustees is taken to be a decision of the Trust. 33 (2) The Trust may, if it thinks fit, transact any of its business at a 34 meeting at which trustees (or some trustees) participate by 35 Page 3 Centennial Park and Moore Park Trust Amendment Bill 2012 Schedule 1 Principal amendments to Centennial Park and Moore Park Trust Act 1983 No 145 telephone, closed-circuit television or other means, but only if 1 any trustee who speaks on a matter before the meeting can be 2 heard by the other trustees. 3 (3) For the purposes of: 4 (a) the approval of a resolution under subclause (1), or 5 (b) a meeting held in accordance with subclause (2), 6 the Chairman and each trustee have the same voting rights as they 7 have at an ordinary meeting of the Trust. 8 (4) A resolution approved under subclause (1) is, subject to the 9 regulations, to be recorded in the minutes of the meetings of the 10 Trust. 11 (5) Papers may be circulated among the trustees for the purposes of 12 subclause (1) by email, facsimile or other transmission of the 13 information in the papers concerned. 14 9B Personal liability 15 A matter or thing done or omitted to be done by the Trust, a 16 trustee or a person acting under the direction of the Trust does 17 not, if the matter or thing was done or omitted to be done in good 18 faith for the purpose of executing this or any other Act, subject a 19 trustee or a person so acting personally to any action, liability, 20 claim or demand. 21 Page 4 Centennial Park and Moore Park Trust Amendment Bill 2012 Statute law revision amendments to Centennial Park and Moore Park Trust Schedule 2 Act 1983 No 145 Schedule 2 Statute law revision amendments to 1 Centennial Park and Moore Park Trust 2 Act 1983 No 145 3 [1] Section 2 Commencement 4 Omit the section. 5 [2] Section 4 Definitions 6 Omit the definitions of original land, regulation and supplementary land 7 from section 4 (1). 8 Insert in alphabetical order: 9 function includes a power, authority or duty, and exercise a 10 function includes perform a duty. 11 original land means the land that is described in section 5. 12 supplementary land means land acquired by the Trust that is not 13 original land. 14 [3] Section 4 (2) 15 Omit the subsection. 16 [4] Section 5 17 Omit the section. Insert instead: 18 5 Trust lands--original land 19 (1) For the purposes of this Act, all land vested in the Trust 20 immediately before the commencement of the amending Act is 21 original land. 22 (2) In this section, amending Act means the Centennial Park and 23 Moore Park Trust Amendment Act 2012. 24 Note. On the commencement of the amending Act, original land 25 includes the following land: 26 (a) the land known as Centennial Park, 27 (b) the land known as Moore Park, 28 (c) the land known as E. S. Marks Athletics Field, 29 (d) the land formerly known as Sydney Showground, 30 (e) the land known as Queens Park, 31 (f) certain other lands (for example, Tay Reserve and Drivers 32 Triangle). 33 Page 5 Centennial Park and Moore Park Trust Amendment Bill 2012 Schedule 2 Statute law revision amendments to Centennial Park and Moore Park Trust Act 1983 No 145 [5] Section 9 Functions of Trust 1 Omit "Stamp Duties Act 1920" from section 9 (6). 2 Insert instead "Duties Act 1997". 3 [6] Section 10 Disposal of certain land prohibited 4 Omit "Part 3A and". 5 [7] Part 3A Provisions relating to the Eastern Distributor 6 Omit the Part. 7 [8] Part 4 Finance 8 Omit the Part. 9 [9] Part 4A Macquarie Sydney Common 10 Omit the Part. 11 [10] Section 19 Resumption of original land requires Act of Parliament 12 Omit section 19 (1) and (1A). 13 [11] Section 21 Annual report 14 Omit the section. 15 [12] Section 22 Regulations 16 Omit section 22 (4). 17 [13] Section 27 Transitional and other provisions 18 Omit the section. 19 [14] Schedule 1 Provisions relating to trustees and procedure of the Trust 20 Omit "Public Service Act 1979" from clause 4. 21 Insert instead "Public Sector Employment and Management Act 2002". 22 [15] Schedule 1, clause 12 Common seal 23 Omit the clause. 24 Page 6 Centennial Park and Moore Park Trust Amendment Bill 2012 Statute law revision amendments to Centennial Park and Moore Park Trust Schedule 2 Act 1983 No 145 [16] Schedule 2 Transitional and other provisions 1 Omit "(Section 27)". Insert before Part 1: 2 Part 1A Savings and transitional regulations 3 1A Regulations 4 (1) The regulations may contain provisions of a savings or 5 transitional nature consequent on the enactment of this Act or any 6 Act that amends this Act. 7 (2) Any such provision may, if the regulations so provide, take effect 8 from the date of assent to the Act concerned or a later date. 9 (3) To the extent to which any such provision takes effect from a date 10 that is earlier than the date of its publication on the NSW 11 legislation website, the provision does not operate so as: 12 (a) to affect, in a manner prejudicial to any person (other than 13 the State or an authority of the State), the rights of that 14 person existing before the date of its publication, or 15 (b) to impose liabilities on any person (other than the State or 16 an authority of the State) in respect of anything done or 17 omitted to be done before the date of its publication. 18 [17] Schedule 2, clause 1 19 Insert "(being 2 November 1984)" after "commencement of section 27" in the 20 definition of commencement. 21 [18] Schedule 2, clauses 3 (2), 4, 7, 8 and 10 and Parts 2A and 3 22 Omit the clauses and Parts. 23 [19] Schedule 2, clause 5 24 Insert "(being 9 March 1992)" after "commences" in the definition of 25 appointed day. 26 [20] Schedule 2, Part 4 27 Transfer sections 15A, 15D-15G and 15I (which are repealed by item [7]), 28 after the following heading, as clauses 12-17 of Schedule 2 and update 29 cross-references of those provisions accordingly: 30 Part 4 Provisions consequent on enactment of 31 Centennial Park and Moore Park Trust 32 Amendment Act 2012 33 Page 7 Centennial Park and Moore Park Trust Amendment Bill 2012 Schedule 2 Statute law revision amendments to Centennial Park and Moore Park Trust Act 1983 No 145 [21] Schedule 2, clause 12 (as inserted by item [20]) 1 Omit "or the proposed road link" from the definition of Eastern Distributor. 2 [22] Schedule 2, clause 12 (as inserted by item [20]) 3 Insert "(as in force immediately before its repeal)" after "section 15C (2)" in 4 the definition of revested land. 5 [23] Schedule 2, clauses 13-17 (as inserted by item [20]) 6 Omit "section", "sections" and "subsection" wherever occurring. 7 Insert instead "clause", "clauses" and "subclause", respectively. 8 [24] Schedule 2, clause 17 (1) (as inserted by item [20]) 9 Insert "(as in force immediately before the repeal of Schedule 3A)" after 10 "items 2 and 3 of Schedule 3A". 11 [25] Schedule 2, clause 18 12 Insert after clause 17 (as inserted by item [20]): 13 18 Savings relating to previous vestings and divestings of Trust 14 lands 15 The amendments made to this Act by the Centennial Park and 16 Moore Park Trust Amendment Act 2012 do not affect: 17 (a) the operation of any provision omitted by that Act that 18 vested land (or any interest in land) in the Trust or that 19 excluded any interest in land or other thing from that 20 provision, or 21 (b) the operation of any provision omitted by that Act that 22 divested land (or any interest in land) in the Trust or that 23 excluded any interest in land or other thing from that 24 provision. 25 [26] Schedule 3 Moore Park and E S Marks Field 26 Omit the Schedule. 27 [27] Schedule 3A Affected land 28 Omit the Schedule. 29 Page 8 Centennial Park and Moore Park Trust Amendment Bill 2012 Statute law revision amendments to Centennial Park and Moore Park Trust Schedule 2 Act 1983 No 145 [28] Schedule 4 Sydney Showground 1 Omit the Schedule. 2 Page 9
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