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


NATURE CONSERVATION TRUST AMENDMENT BILL 2010





                        New South Wales




Nature Conservation Trust
Amendment Bill 2010


Contents

                                                                         Page
           1   Name of Act                                                 2
           2   Commencement                                                2
  Schedule 1   Amendment of Nature Conservation Trust Act 2001 No 10       3
  Schedule 2   Amendment of National Parks and Wildlife Act 1974 No 80    13
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.


                                                Clerk of the Legislative Assembly.
                                                Legislative Assembly,
                                                Sydney,                     , 2010




                             New South Wales




Nature Conservation Trust
Amendment Bill 2010
Act No      , 2010




An Act to amend the Nature Conservation Trust Act 2001 to make further provision
for the object, functions and membership of the Nature Conservation Trust of New
South Wales, and to amend the National Parks and Wildlife Act 1974 in relation to
conservation agreements.




I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.


                                   Assistant Speaker of the Legislative Assembly.
Clause 1      Nature Conservation Trust Amendment Bill 2010




The Legislature of New South Wales enacts:
 1    Name of Act
           This Act is the Nature Conservation Trust Amendment Act 2010.
 2    Commencement
           This Act commences on 1 February 2011.




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Nature Conservation Trust Amendment Bill 2010

Amendment of Nature Conservation Trust Act 2001 No 10                  Schedule 1




Schedule 1             Amendment of Nature Conservation
                       Trust Act 2001 No 10
[1]   Section 3 Definitions
      Insert in alphabetical order:
                    Commonwealth Income Tax Assessment Act means the Income
                    Tax Assessment Act 1997 of the Commonwealth.
                    land includes any water on or under the surface of land.
                    Public Fund means the Nature Conservation Trust of New South
                    Wales Public Fund established under section 27A.
[2]   Section 6 Meaning of "conservation priorities"
      Omit "the conservation of cultural heritage or natural heritage or both" from
      section 6 (1).
      Insert instead "the conservation of natural heritage (and any cultural heritage
      associated with natural heritage)".
[3]   Section 7 Meaning of "Revolving Fund Scheme"
       Omit section 7 (b) and (c). Insert instead:
                   (b) arranges for a protective covenant to be registered on the
                          title to the land, and
                   (c) sells or leases the land subject to that protective covenant,
                          and
[4]   Section 7 (2) and (3)
      Insert at the end of section 7:
             (2)   The Trust may sell or lease any part of land that is bought or
                   acquired under the scheme, without arranging for a protective
                   covenant to be registered on the title to that part, if the Trust
                   decides that the part of the land concerned is of low or no
                   conservation value. The proceeds of the sale or lease are to be
                   used under the scheme in the same way as the proceeds of sale or
                   lease of land the subject of a protective covenant.
             (3)   In this section, a protective covenant means a covenant the
                   purpose of which is to protect natural heritage (and any cultural
                   heritage associated with natural heritage).
[5]   Part 2, Division 1, heading
      Omit "objects". Insert instead "object".




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                Nature Conservation Trust Amendment Bill 2010

Schedule 1          Amendment of Nature Conservation Trust Act 2001 No 10




[6]   Section 10
      Omit the section. Insert instead:
         10   Object of Trust
              (1)      The object of the Trust is to protect and enhance natural heritage
                       (including any cultural heritage associated with natural heritage)
                       by:
                        (a) encouraging landholders to enter into co-operative
                             arrangements for the management and protection of urban
                             and rural land in private occupation that is significant for
                             the conservation of natural heritage (and any cultural
                             heritage associated with natural heritage), and
                       (b) providing mechanisms for achieving conservation of that
                             heritage, and
                        (c) promoting public knowledge, appreciation and
                             understanding of:
                               (i) natural heritage (and any cultural heritage
                                    associated with natural heritage), and
                              (ii) the importance of conserving that heritage.
              (2)      The co-operative arrangements for the management and
                       protection of land may include arrangements for the management
                       and protection of any waters that affect the natural heritage of the
                       land (and any cultural heritage associated with natural heritage),
                       whether or not the waters are on or under the surface of the land.
              (3)      The affairs of the Trust are to be conducted on a not-for-profit
                       basis.
              (4)      The object of the Trust is also its principal purpose.
                       Note. For donations to the Public Fund maintained by the Trust to have
                       tax deductible status under Subdivision 30-E of the Commonwealth
                       Income Tax Assessment Act, the Trust must have as its principal
                       purpose the protection and enhancement of the natural environment or
                       a significant aspect of the natural environment.

[7]   Section 11 Functions of Trust
      Omit section 11 (2). Insert instead:
              (2)      In particular, the Trust has the following functions:
                        (a) to operate the Revolving Fund Scheme,
                       (b) to establish and maintain the Public Fund and such other
                              funds as are appropriate to its activities,




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Nature Conservation Trust Amendment Bill 2010

Amendment of Nature Conservation Trust Act 2001 No 10                     Schedule 1




                     (c)   to raise money from organisations and the general public
                           to help fund its activities,
                     (d)   to use any gifts or contributions received by the Trust for
                           the protection and enhancement of natural heritage (and
                           any cultural heritage associated with natural heritage),
                     (e)   to negotiate, enter into, monitor and enforce compliance
                           with Trust agreements,
                     (f)   to provide technical, financial and other assistance to
                           landholders generally, when the Trust considers it
                           appropriate to do so, for the purpose of facilitating the
                           achievement of conservation goals,
                     (g)   to provide education to the public on issues of
                           conservation, land management and ecological
                           sustainability.
              (3)   In this section, gift includes a devise or bequest.
 [8]   Section 12 Powers of Trust
       Insert after section 12 (2) (b):
                    (b1) to buy or otherwise acquire, sell, hold, create security
                            interests in and otherwise deal in access licences, holdings
                            in access licences and water authorities in any manner
                            permitted by the Water Management Act 2000 or the
                            Water Act 1912,
 [9]   Sections 12 (2) (e) and (f) and 22 (1) (b) and (e), and Schedule 1, clause 5
       (3) (a)
       Omit "objects" wherever occurring. Insert instead "object".
[10]   Section 12 (4)
       Insert after section 12 (3):
              (4)   In this section:
                    water authority means a licence or permit under the Water Act
                    1912.
[11]   Section 14 Acquisition of property by gift
       Omit ", devise or bequest" wherever occurring.




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                 Nature Conservation Trust Amendment Bill 2010

Schedule 1          Amendment of Nature Conservation Trust Act 2001 No 10




[12]   Section 14 (4) and (5)
       Insert after section 14 (3):
              (4)      The Trust must not agree to any condition of a gift of money or
                       property that is made to or to be held in the Public Fund.
                       Note. Gifts of money or property made to the Public Fund may be used
                       only for the principal purpose of the Trust.
              (5)      In this section, gift includes a devise or bequest.
[13]   Section 18 Members of Board
       Omit section 18 (1) (c). Insert after section 18 (1) (a):
                    (b) 8 are to be non-government members, being members of
                          the public (any one or more of whom may be a
                          representative of any non-government agency).
[14]   Section 18 (2) and (3)
       Omit the subsections. Insert instead:
              (2)      The Minister is not to appoint a non-government member to the
                       Board unless the Minister is satisfied that the person has skills
                       and experience in one or more of the following areas:
                       (a) increasing public knowledge, understanding and
                             appreciation of the importance of natural and cultural
                             heritage by private landholders and other community
                             members,
                       (b) protection and conservation of natural heritage,
                       (c) protection and conservation of cultural heritage,
                       (d) management of natural resources, including agricultural
                             land,
                       (e) land use planning and operation of local councils,
                        (f) marketing and fundraising,
                       (g) economics and financial management,
                       (h) governance and administration,
                        (i) decision making and leadership.
              (3)      The Minister is to ensure, as far as is possible, that the
                       composition of the Board is such that the members of the Board
                       together have all of the skills and experience specified in
                       subsection (2).




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Nature Conservation Trust Amendment Bill 2010

Amendment of Nature Conservation Trust Act 2001 No 10                   Schedule 1




[15]   Section 19 Appointment of non-government members of Board
       Omit "the appointment of the members of the Board referred to in section
       18 (1) (c)" from section 19 (1).
       Insert instead "the appointment of non-government members of the Board".
[16]   Section 19 (3) (b)
       Omit the paragraph. Insert instead:
                    (b) the particular skills and experience that an appointee will
                         be required to have,
[17]   Section 27A
       Insert after section 27:
       27A   Public Fund
              (1)   The Trust is to establish and maintain a public fund for the
                    principal purpose of the Trust.
              (2)   The fund is to be called the Nature Conservation Trust of New
                    South Wales Public Fund.
              (3)   The Public Fund is not-for-profit.
              (4)   The following are to be held in the Public Fund:
                    (a) all gifts of money or property made for the principal
                          purpose of the Trust that are to be made to the Public Fund
                          under section 30-130 of the Commonwealth Income Tax
                          Assessment Act,
                    (b) all contributions made in relation to a fundraising event
                          held for the principal purpose of the Trust that are to be
                          made to the Public Fund under section 30-130 of the
                          Commonwealth Income Tax Assessment Act,
                    (c) any money received by the Trust because of such gifts or
                          contributions.
              (5)   No other money or property is to be held in the Public Fund.
              (6)   Money and property held in the Public Fund may be used by the
                    Trust only for its principal purpose.
              (7)   Money held in the Public Fund is to be paid into an account kept,
                    for the purposes of the Public Fund, with an authorised
                    deposit-taking institution.
              (8)   The Trust must comply with any requirements made of it in
                    connection with registration as an environmental organisation



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                     Nature Conservation Trust Amendment Bill 2010

Schedule 1           Amendment of Nature Conservation Trust Act 2001 No 10




                        under Subdivision 30-E of the Commonwealth Income Tax
                        Assessment Act.
               (9)      In particular, the Trust must:
                         (a) comply with any rules made by the Treasurer and the
                               Environment Minister under Subdivision 30-E of the
                               Commonwealth Income Tax Assessment Act to ensure
                               that gifts or contributions made to the Public Fund are used
                               only for its principal purpose, and
                        (b) provide to the Environment Secretary under Subdivision
                               30-E of the Commonwealth Income Tax Assessment Act,
                               within 4 months after the end of each financial year of the
                               Trust, any statistical information about gifts or
                               contributions made to the Public Fund during that financial
                               year required for the purposes of compliance with that Act.
              (10)      The Trust must appoint a management committee to manage the
                        Public Fund on its behalf.
[18]   Section 28
       Omit the section. Insert instead:
         28   Operating accounts
               (1)      The Trust is to establish and maintain an account (an operating
                        account) that is separate from the account kept for the purposes
                        of the Public Fund.
               (2)      More than one operating account may be established.
               (3)      There is to be paid into an operating account:
                        (a) all money received by or on account of the Trust that is not
                              required to be held in the Public Fund, and
                        (b) the proceeds of investment of such money, and
                        (c) all money borrowed by or advanced to the Trust, and
                        (d) all money directed to be paid into an operating account by
                              or under this or any other Act.
               (4)      The money in an operating account may, subject to the terms of
                        any trust or condition affecting that money or any part of it, be
                        applied for any one or more of the following purposes:
                        (a) providing the remuneration of the members of the Board
                              and the Chief Executive Officer and other staff of the
                              Trust,
                        (b) discharging the liabilities incurred by the Trust in the
                              exercise of its functions,


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Nature Conservation Trust Amendment Bill 2010

Amendment of Nature Conservation Trust Act 2001 No 10                       Schedule 1




                     (c)    any other purpose authorised by or under this or any other
                            Act.
              (5)   An operating account is to be kept with an authorised
                    deposit-taking institution.
[19]   Section 33 Contents of agreement
       Omit section 33 (1) (b). Insert instead:
                    (b) restrictions on the development (within the meaning of the
                          Environmental Planning and Assessment Act 1979) of land
                          or specified areas of land,
                            Note. Development, as defined by the Environmental Planning
                            and Assessment Act 1979, includes the use of land, the
                            subdivision of land, the erection of buildings on land and the
                            carrying out of work on land.

[20]   Section 33 (1) (f)
       Insert "or to refrain from carrying out specified actions" after "actions".
[21]   Section 38B
       Insert after section 38A:
       38B   Application of rate exemptions under Local Government Act 1993
              (1)   A council may, by notice in writing to the land holder, exempt
                    from all rates under the Local Government Act 1993 land that is
                    the subject of a Trust agreement.
              (2)   In such a case, section 555 of the Local Government Act 1993
                    applies in respect of land the subject of the Trust agreement in the
                    same way as it applies in respect of land the subject of a
                    conservation agreement (within the meaning of the National
                    Parks and Wildlife Act 1974).
              (3)   However, a reference in section 555 (3) of the Local Government
                    Act 1993 to a period on or after 1 July 2008 is to be read, in
                    relation to the Trust agreement, as a reference to a period in
                    respect of which the exemption is granted.
[22]   Section 44 Winding up
       Omit section 44 (4).




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                 Nature Conservation Trust Amendment Bill 2010

Schedule 1          Amendment of Nature Conservation Trust Act 2001 No 10




[23]   Section 44A
       Insert after section 44:
       44A    Distribution of outstanding property on winding up
              (1)      On a winding up of the Trust, the liquidator is to transfer any
                       outstanding property held in the Public Fund after the Trust is
                       wound up to a tax exempt fund that is maintained for a similar
                       purpose to the principal purpose of the Trust.
              (2)      A tax exempt fund is a fund that is on the register of
                       environmental organisations kept under Subdivision 30-E of the
                       Commonwealth Income Tax Assessment Act.
              (3)      Preference is to be given to a tax exempt fund that is used for the
                       protection of the natural heritage (and any cultural heritage
                       associated with natural heritage) of New South Wales.
              (4)      The liquidator may also transfer any other outstanding property
                       of the Trust after the Trust is wound up to that tax exempt fund or
                       to any other body or fund having a similar purpose to the
                       principal purpose of the Trust.
              (5)      Preference is to be given to a fund used for, or a body that has
                       functions with respect to, the protection of the natural heritage
                       (and any cultural heritage associated with natural heritage) of
                       New South Wales.
              (6)      This section applies despite the provisions of the Corporations
                       Act 2001 of the Commonwealth, as applied by this Act to a
                       winding up or dissolution of the Trust.
[24]   Section 51 Review of Act
       Omit "from the date of assent to this Act" from section 51 (2).
       Insert instead "from the date of assent to the Nature Conservation Trust
       Amendment Act 2010".
[25]   Schedule 1 Members and procedure of the Board
       Omit clause 3. Insert instead:
          3   Remuneration
              (1)      A non-government member is entitled to be paid such
                       remuneration (including travelling and subsistence allowances)
                       as:
                        (a) the Board may from time to time determine in its business
                            plan in respect of the member, or



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Nature Conservation Trust Amendment Bill 2010

Amendment of Nature Conservation Trust Act 2001 No 10                 Schedule 1




                    (b) the regulations may specify,
                    whichever is the lesser.
              (2)   The remuneration is to be paid from an operating account.
[26]   Schedule 1, clause 4
       Omit the clause.
[27]   Schedule 2 Savings and transitional provisions
       Insert before clause 1:

       Part 1       General
[28]   Schedule 2, clause 1
       Insert at the end of clause 1 (1):
                     Nature Conservation Trust Amendment Act 2010
[29]   Schedule 2, Part 2
       Insert after clause 1:

       Part 2       Provisions consequent on enactment of
                    Nature Conservation Trust Amendment
                    Act 2010
         2   Changes to membership arrangements
              (1)   An amendment made to section 18 by the Nature Conservation
                    Trust Amendment Act 2010 applies only in respect of the
                    appointment of a non-government member to the Board that is
                    made on or after the commencement of the amendment.
              (2)   On the repeal of clause 4 of Schedule 1 by the Nature
                    Conservation Trust Amendment Act 2010, the appointment of
                    any deputy to a member is revoked.
         3   Establishment of Public Fund and related changes
              (1)   The Public Fund amendments apply only in respect of money and
                    property received by the Trust on or after the commencement of
                    the amendments.
              (2)   Any Trust Account established under section 28 before the
                    commencement of the Public Fund amendments becomes, on the
                    commencement of those amendments, an operating account.



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               Nature Conservation Trust Amendment Bill 2010

Schedule 1         Amendment of Nature Conservation Trust Act 2001 No 10




             (3)      The Public Fund amendments are the amendments made to
                      section 14 and Division 4 of Part 2 of this Act by the Nature
                      Conservation Trust Amendment Act 2010.




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Nature Conservation Trust Amendment Bill 2010

Amendment of National Parks and Wildlife Act 1974 No 80                    Schedule 2




Schedule 2             Amendment of National Parks and
                       Wildlife Act 1974 No 80
[1]   Section 69C Purpose and content of agreements
      Insert after section 69C (1) (e2):
                    (e3) for the purpose of the protection, conservation or
                           management of waters in or in connection with an area or
                           purpose referred to in paragraph (a), (b), (c), (d), (e), (e1)
                           or (e2), or
[2]   Section 69C (1) (f)
      Omit "referred to in paragraph (a), (b), (c), (d), (e), (e1) or (e2)".
      Insert instead "elsewhere referred to in this subsection".




                                                                               Page 13


 


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