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This is a Bill, not an Act. For current law, see the Acts databases.


CENTENNIAL PARK AND MOORE PARK TRUST AMENDMENT BILL 2012





                             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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