New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


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


QUARANTINE STATION PRESERVATION TRUST BILL 2006





                                New South Wales




Quarantine Station Preservation Trust
Bill 2006


Contents

                                                                            Page
Part 1           Preliminary
                  1   Name of Act                                              2
                  2   Commencement                                             2
                  3   Definitions                                              2

Part 2           The Quarantine Station Preservation Trust
                  4   Constitution of the Trust                                3
                  5   Appointment and procedure of members of Trust            3

Part 3           Objects and functions of the Trust
                  6   Objects of the Trust                                     4
                  7   Functions of the Trust                                   4




b03-410-11.p02
Quarantine Station Preservation Trust Bill 2006

Contents

                                                                                  Page
Part 4        Limitations on grant of leases and licences
              relating to Quarantine Station site
              Division 1       Application of Part
                8    Application of Part                                            6

              Division 2       Procedure
                9    Public notice must be given of proposed grant of lease or
                     licence                                                        6
              10     Grant of leases and licences must have prior approval of
                     Trust                                                          7
              11     Trust must not give approval unless it considers certain
                     factors                                                        7

              Division 3       Restrictions on grant of leases or licences
              12     Restrictions on leases or licences that may be granted         8
              13     Minister cannot lease or licence all of Quarantine Station
                     site to one person                                             9
              14     Minister cannot grant leases or licences with term of 10
                     years or more                                                  9

Part 5        Administration
              15     Financial year of the Trust                                   10
              16     Committees                                                    10
              17     Staff of the Trust                                            10
              18     Delegation by the Trust                                       10

Part 6        Miscellaneous
              19     Regulations                                                   11
              20     Savings and transitional regulations                          11

Schedule 1           Quarantine Station site                                       12
Schedule 2           Provisions relating to the members                            13
Schedule 3           Provisions relating to the procedure of the
                     Trust                                                         17




Contents page 2
                           New South Wales




Quarantine Station Preservation Trust
Bill 2006
No     , 2006


A Bill for

An Act to preserve, protect and manage the Quarantine Station at Sydney's North
Head; to constitute the Quarantine Station Preservation Trust and define its
functions; and for other purposes.
Clause 1          Quarantine Station Preservation Trust Bill 2006

Part 1            Preliminary




The Legislature of New South Wales enacts:                                                 1


Part 1         Preliminary                                                                 2

  1      Name of Act                                                                       3

               This Act is the Quarantine Station Preservation Trust Act 2006.             4

  2      Commencement                                                                      5

               This Act commences on the date of assent to this Act.                       6

  3      Definitions                                                                       7

         (1)   In this Act:                                                                8
               exercise a function includes perform a duty.                                9
               function includes a power, authority or duty.                              10
               member means a member of the Trust.                                        11
               North Head precinct means the land coloured beige or identified as         12
               Harbour Trust land on the map presented to the Speaker of the              13
               Legislative Assembly (by or on behalf of the Member of the Assembly        14
               who introduced the Bill for this Act) when the Bill was introduced into    15
               the Assembly.                                                              16
               Quarantine Station site means the land for the time being described in     17
               Schedule 1.                                                                18
               Trust means the Quarantine Station Preservation Trust constituted by       19
               this Act.                                                                  20

         (2)   Notes included in this Act are explanatory notes and do not form part of   21
               this Act.                                                                  22




Page 2
Quarantine Station Preservation Trust Bill 2006                            Clause 4

The Quarantine Station Preservation Trust                                  Part 2




Part 2        The Quarantine Station Preservation Trust                                      1

  4    Constitution of the Trust                                                             2

       (1)    There is constituted by this Act a corporation under the corporate name        3
              of the "Quarantine Station Preservation Trust".                                4

       (2)    The Trust:                                                                     5
              (a) has and may exercise the functions conferred or imposed on it by           6
                   or under this or any other Act, and                                       7
              (b) is, in the exercise of its functions, subject to the control and           8
                   direction of the Minister.                                                9

  5    Appointment and procedure of members of Trust                                        10

       (1)    The Trust consists of the following 7 members appointed by the                11
              Minister:                                                                     12
              (a) one member chosen by the Minister as having expertise in the              13
                    restoration and conservation of historic buildings,                     14
              (b) one member nominated by the National Trust of Australia (New              15
                    South Wales),                                                           16
              (c) one member nominated by the Director-General of the                       17
                    Department of Environment and Conservation,                             18
              (d) one member nominated jointly by the local Aboriginal                      19
                    community in the Manly, Warringah and Pittwater local                   20
                    government areas and the local Aboriginal land council,                 21
              (e) one member nominated by the National Parks Association of                 22
                    NSW Incorporated,                                                       23
              (f) one member nominated by Manly Council (the council for the                24
                    local government area in which the Quarantine Station site is           25
                    situated),                                                              26
              (g) one member nominated by the Commonwealth Minister for                     27
                    Environment and Heritage.                                               28

       (2)    The constitution of the Trust is not affected by the failure of a person or   29
              body to make a nomination under subsection (1).                               30

       (3)    Schedule 2 has effect with respect to the members.                            31

       (4)    Schedule 3 has effect with respect to the procedure of the Trust.             32




                                                                                Page 3
Clause 6          Quarantine Station Preservation Trust Bill 2006

Part 3            Objects and functions of the Trust




Part 3         Objects and functions of the Trust                                            1

  6      Objects of the Trust                                                                2

               The objects of the Trust are:                                                 3
               (a) to advise the Minister on the care, control and management of the         4
                     Quarantine Station site as part of the North Head precinct, and         5
               (b) to encourage the use and enjoyment of the Quarantine Station site         6
                     by the public by promoting the recreational, historical, scientific,    7
                     educational and cultural heritage value of that site, and               8
               (c) to ensure the conservation of the natural and cultural heritage           9
                     values of the Quarantine Station site and the protection of the        10
                     environment within that site, and                                      11
               (d) to support the natural and built environment and cultural heritage       12
                     of North Head precinct, and                                            13
               (e) to assist the Sydney Harbour Federation Trust to develop a               14
                     concept and final plans for a North Head Sanctuary, and                15
               (f) any other objects, consistent with the functions of the Trust, in        16
                     relation to the Quarantine Station site, that the Trust considers      17
                     appropriate.                                                           18

  7      Functions of the Trust                                                             19

         (1)   The Trust may:                                                               20
               (a) permit the use of the whole or any part of the Quarantine Station        21
                     site for activities of a cultural, natural, historical, educational,   22
                     scientific and recreational nature, and                                23
               (b) in relation to the provision of food and other refreshments in           24
                     connection with the Quarantine Station site:                           25
                      (i) apply for, hold or dispose of any relevant licence, permit        26
                            or other authority for the purpose of the provision of food     27
                            and other refreshments in connection with the Quarantine        28
                            Station site, or                                                29
                     (ii) permit the provision of food and other refreshments, or           30
                    (iii) authorise another person to apply for any relevant licence,       31
                            permit or other authority for the purpose of the provision      32
                            of food and other refreshments in connection with the           33
                            Quarantine Station site, and                                    34
               (c) approve and promote exhibits, lectures, films, publications and          35
                     other types of educational instruction relating to the Quarantine      36
                     Station site, and                                                      37




Page 4
Quarantine Station Preservation Trust Bill 2006                           Clause 7

Objects and functions of the Trust                                        Part 3




              (d)    disseminate scientific, cultural and historical information            1
                     concerning the Quarantine Station site to the public and               2
                     educational, scientific, cultural and historical institutions,         3
                     whether within or outside the State, and                               4
              (e)    approve arrangements for the maintenance and preservation of           5
                     the Quarantine Station site, and                                       6
               (f)   approve any leases or licences of the whole or part of the             7
                     Quarantine Station site, and grants of easements through, on or in     8
                     the Quarantine Station site, consented to by the Minister, and         9
              (g)    approve a plan of management for the Quarantine Station site          10
                     under Part 5 of the National Parks and Wildlife Act 1974, and         11
              (h)    approve any modifications to the significant heritage fabric of the   12
                     Quarantine Station site, and                                          13
               (i)   promote the preservation of the Quarantine Station within the         14
                     overall context of the North Head precinct and a future North         15
                     Head Sanctuary.                                                       16

       (2)    Subject to this Act and the regulations, the Trust has the control and       17
              management of all property of the Trust.                                     18

       (3)    The Trust may, and when requested by the Minister must, make reports         19
              and recommendations to the Minister with respect to the Trust and the        20
              Quarantine Station site.                                                     21

       (4)    The Trust has and may exercise such functions, in addition to those          22
              specified in this section, as are reasonably necessary to achieve its        23
              objects.                                                                     24




                                                                               Page 5
Clause 8          Quarantine Station Preservation Trust Bill 2006

Part 4            Limitations on grant of leases and licences relating to Quarantine Station
                  site



Part 4         Limitations on grant of leases and licences                                      1
               relating to Quarantine Station site                                              2


Division 1           Application of Part                                                        3

  8      Application of Part                                                                    4

         (1)   This Part applies to and in respect of the exercise by the Minister of the       5
               following powers under the National Parks and Wildlife Act 1974:                 6
                (a) the power under section 151 (1) (a)-(e) to grant a lease of land            7
                     within the Quarantine Station site,                                        8
               (b) the power under section 151 (1) (f) to grant a licence to occupy             9
                     or use land within the Quarantine Station site,                           10
                (c) the power under section 151B (2) to grant a lease of land within           11
                     the Quarantine Station site to enable the adaptive reuse of an            12
                     existing building or structure on the land for any purpose                13
                     specified in section 151B (12),                                           14
               (d) the power under section 151B (3) to grant a licence to occupy and           15
                     use land within the Quarantine Station site, and any existing             16
                     building or structure on the Quarantine Station site, for any             17
                     purpose.                                                                  18

         (2)   In the event of any inconsistency between this Part and the National            19
               Parks and Wildlife Act 1974, this Part prevails to the extent of the            20
               inconsistency.                                                                  21

Division 2           Procedure                                                                 22

  9      Public notice must be given of proposed grant of lease or licence                     23

         (1)   The Minister must not exercise any power to which this Part applies             24
               unless the Minister has:                                                        25
               (a) caused notice of the proposal to grant the lease or licence, and a          26
                     summary of the main terms of the lease or licence, to be                  27
                     published in at least one Sydney metropolitan newspaper and one           28
                     local newspaper circulating in the locality of the Quarantine             29
                     Station site, and                                                         30
               (b) in that notice, invited public comments on the proposed lease or            31
                     licence within a time specified in the notice, being not less than        32
                     30 days after the publication of the notice, and                          33




Page 6
Quarantine Station Preservation Trust Bill 2006                              Clause 10

 


 

imitations on grant of leases and licences relating to Quarantine Station Part 4 site (c) had regard to any written comments received in response to the 1 notices within 30 days after the date of the publication of the 2 notices (if they were both published on the same day) or after the 3 publication of the later of the two notices (if published on 4 different days), and 5 (d) forwarded to the Trust any written comments received in 6 response to the notice within 30 days after the date of the last 7 publication, and 8 (e) published, in at least one Sydney metropolitan newspaper, and 9 one newspaper circulating in the locality of the Quarantine 10 Station site, the Minister's reasons for his or her decision to grant 11 the lease or licence. 12 (2) If the Minister exercises a power to which this Part applies in breach of 13 this section, the lease or licence granted by the Minister in the exercise 14 of that power is void. 15 10 Grant of leases and licences must have prior approval of Trust 16 (1) The Minister must not exercise any power to which this Part applies 17 unless the Minister has first obtained the written approval of the Trust 18 to the exercise of that power. 19 (2) If the Minister exercises a power to which this Part applies in breach of 20 this section, the lease or licence granted by the Minister in the exercise 21 of that power is void. 22 11 Trust must not give approval unless it considers certain factors 23 (1) The Trust must not give approval to the exercise by the Minister of any 24 power to which this Part applies unless the Trust has had regard to: 25 (a) any written comments received by the Minister in response to the 26 Minister's notice that were forwarded to the Trust, and 27 (b) any written comments received directly by the Trust in response 28 to the Minister's notice, and 29 (c) the impact of the proposal on open space at the Quarantine 30 Station site, the floor area of buildings on the site and the 31 significant heritage fabric of the Quarantine Station site. 32 (2) The Trust must not give approval to the exercise by the Minister of any 33 power to which this Part applies if the Trust forms the opinion that the 34 grant of the relevant lease or licence will result in: 35 (a) less open space at the Quarantine Station site than existed 36 immediately before the commencement of this Act, or 37 Page 7 Clause 12 Quarantine Station Preservation Trust Bill 2006 Part 4 Limitations on grant of leases and licences relating to Quarantine Station site (b) an increase in the total floor area of all buildings that existed at 1 the Quarantine Station site immediately before the 2 commencement of this Act, or 3 (c) an adverse impact on the significant heritage fabric of the 4 Quarantine Station site. 5 (3) If the Trust exercises the power to give approval under this section in 6 breach of this section, the lease or licence granted by the Minister the 7 subject of that approval is void. 8 (4) Subsections (1) and (2) are not intended to limit the factors that the Trust 9 may take into consideration when determining whether or not to give 10 approval. 11 Division 3 Restrictions on grant of leases or licences 12 12 Restrictions on leases or licences that may be granted 13 (1) The Minister must not exercise any power to which this Part applies 14 unless the Minister has had regard to the impact of the proposal on open 15 space at the Quarantine Station site, the floor area of buildings on the 16 site and the significant heritage fabric of the Quarantine Station site. 17 (2) The Minister must not exercise any power to which this Part applies if 18 the Minister forms the opinion that the grant of the relevant lease or 19 licence will result in: 20 (a) less open space at the Quarantine Station site than existed 21 immediately before the commencement of this Act, or 22 (b) an increase in the total floor area of all buildings that existed at 23 the Quarantine Station site immediately before the 24 commencement of this Act, or 25 (c) an adverse impact on the significant heritage fabric of the 26 Quarantine Station site. 27 (3) If the Minister exercises a power to which this Part applies in breach of 28 this section, the lease or licence granted by the Minister in the exercise 29 of that power is void. 30 (4) Subsections (1) and (2) are not intended to limit the factors that the 31 Minister may take into consideration when determining whether or not 32 to exercise his or her power. 33 Page 8 Quarantine Station Preservation Trust Bill 2006 Clause 13

 


 

imitations on grant of leases and licences relating to Quarantine Station Part 4 site 13 Minister cannot lease or licence all of Quarantine Station site to one 1 person 2 (1) Despite Part 12 of the National Parks and Wildlife Act 1974, the 3 Minister must not: 4 (a) grant a lease of all of the land within the Quarantine Station site 5 to one person or one unincorporated group of persons, or 6 (b) grant a licence to occupy or use all of the land within the 7 Quarantine Station site to one person or one unincorporated 8 group of persons, or 9 (c) grant a lease of all land within the Quarantine Station site to 10 enable the adaptive reuse of an existing building or structure on 11 the land for any purpose specified in section 151B (12) of that Act 12 to one person or one unincorporated group of persons, or 13 (d) grant a licence to occupy and use all land within the Quarantine 14 Station site, and any existing building or structure on the 15 Quarantine Station site, for any purpose to one person or one 16 unincorporated group of persons. 17 (2) If the Minister exercises a power to which this section applies in breach 18 of this section, the lease or licence granted by the Minister in the 19 exercise of that power is void. 20 14 Minister cannot grant leases or licences with term of 10 years or more 21 (1) Despite Part 12 of the National Parks and Wildlife Act 1974, the 22 Minister must not: 23 (a) grant a lease of all of the land within the Quarantine Station site 24 for a term of 10 years or more, or 25 (b) grant a licence to occupy or use all of the land within the 26 Quarantine Station site for a term of 10 years or more, or 27 (c) grant a lease of all land within the Quarantine Station site to 28 enable the adaptive reuse of an existing building or structure on 29 the land for any purpose specified in section 151B (12) of that Act 30 for a term of 10 years or more, or 31 (d) grant a licence to occupy and use all land within the Quarantine 32 Station site, and any existing building or structure on the 33 Quarantine Station site, for any purpose for a term of 10 years or 34 more. 35 (2) If the Minister exercises a power to which this section applies in breach 36 of this section, the lease or licence granted by the Minister in the 37 exercise of that power is void. 38 Page 9 Clause 15 Quarantine Station Preservation Trust Bill 2006 Part 5 Administration Part 5 Administration 1 15 Financial year of the Trust 2 The financial year of the Trust is the year commencing 1 July. 3 16 Committees 4 (1) The Trust may establish committees to assist it in connection with the 5 exercise of any of its functions. 6 (2) It does not matter that any or all of the members of a committee are not 7 members of the Trust. 8 (3) The procedure for the calling of meetings of a committee and for the 9 conduct of business at those meetings is, subject to the regulations, to 10 be as determined by the Trust or (subject to any determination of the 11 Trust) by the committee. 12 17 Staff of the Trust 13 For the purposes of this Act any persons as may be necessary to enable 14 the Trust to exercise its functions may be employed under Chapter 1A 15 of the Public Sector Employment and Management Act 2002. 16 18 Delegation by the Trust 17 (1) The Trust may delegate to a member, a committee of the Trust or any 18 officer of the Trust the exercise of any of its functions, other than this 19 power of delegation. 20 (2) The person may sub-delegate the exercise of a delegated function to 21 another person if the first-mentioned person is authorised in writing to 22 delegate the function to that person by the Trust. 23 Page 10 Quarantine Station Preservation Trust Bill 2006 Clause 19 Miscellaneous Part 6 Part 6 Miscellaneous 1 19 Regulations 2 The Governor may make regulations, not inconsistent with this Act, for 3 or with respect to any matter that by this Act is required or permitted to 4 be prescribed or that is necessary or convenient to be prescribed for 5 carrying out or giving effect to this Act and, in particular, for or with 6 respect to: 7 (a) the meetings of the Trust, and 8 (b) the committees of the Trust, and 9 (c) the use and custody of the seal of the Trust. 10 20 Savings and transitional regulations 11 (1) The regulations may contain provisions of a savings or transitional 12 nature consequent on the enactment of this Act. 13 (2) Any such provision may, if the regulations so provide, take effect from 14 the date of assent to this Act or a later date. 15 (3) To the extent to which any such provision takes effect from a date that 16 is earlier than the date of its publication in the Gazette, the provision 17 does not operate so as: 18 (a) to affect, in a manner prejudicial to any person (other than the 19 State or an authority of the State), the rights of that person 20 existing before the date of its publication, or 21 (b) to impose liabilities on any person (other than the State or an 22 authority of the State) in respect of anything done or omitted to 23 be done before the date of its publication. 24 Page 11 Quarantine Station Preservation Trust Bill 2006 Schedule 1 Quarantine Station site Schedule 1 Quarantine Station site 1 (Section 3) 2 Portion 2763 comprising Parkhill, Spring Cove and Quarantine Station South 3 precincts (but excluding that part of portion 2763 east and north of the southern stone 4 wall extending to the Old Man's Hat), and portion 2765 comprising Quarantine 5 Station Core Precinct, in the Parish of Manly Cove, County of Cumberland. 6 Page 12 Quarantine Station Preservation Trust Bill 2006 Provisions relating to the members Schedule 2 Schedule 2 Provisions relating to the members 1 (Section 5 (3)) 2 1 Chairperson of the Trust 3 (1) One of the members is to be appointed as Chairperson of the Trust by 4 the relevant instrument of appointment as a member or by another 5 instrument executed by the Minister. 6 (2) The Minister may remove a member from the office of Chairperson. 7 (3) The Chairperson is taken to have vacated the office of Chairperson if the 8 Chairperson: 9 (a) is removed from that office by the Minister under subclause (2), 10 or 11 (b) resigns that office by instrument in writing addressed to the 12 Minister, or 13 (c) ceases to be a member. 14 2 Acting members and acting Chairperson 15 (1) The Minister may, from time to time, appoint a person to act in the 16 office of a member during the illness or absence of the member, and the 17 person, while so acting, has and may exercise all the functions of the 18 member and is taken to be a member. 19 (2) The Minister may, from time to time, appoint a member to act in the 20 office of Chairperson during the illness or absence of the Chairperson, 21 and the member, while so acting, has and may exercise all the functions 22 of the Chairperson and is taken to be the Chairperson. 23 (3) The Minister may remove any person from any office to which the 24 person was appointed under this clause. 25 (4) A person while acting in the office of a member is entitled to be paid 26 such remuneration (including travelling and subsistence allowances) as 27 the Minister may from time to time determine in respect of the person. 28 (5) For the purposes of this clause, a vacancy in the office of a member or 29 the Chairperson is taken to be an absence from office of the member or 30 Chairperson, as the case may be. 31 3 Term of office 32 Subject to this Schedule, a member holds office for such period, not 33 exceeding 4 years, as may be specified in the instrument of appointment 34 of the member, but is eligible (if otherwise qualified) for 35 re-appointment. 36 Page 13 Quarantine Station Preservation Trust Bill 2006 Schedule 2 Provisions relating to the members 4 Remuneration 1 (1) A member is entitled to be paid such remuneration (including travelling 2 and subsistence allowances) as the Minister may from time to time 3 determine in respect of the member. 4 (2) In this clause: 5 member includes any member of a committee of the Trust. 6 5 Casual vacancies 7 (1) The office of a member becomes vacant if the member: 8 (a) dies, or 9 (b) completes a term of office and is not re-appointed, or 10 (c) resigns the office by instrument in writing addressed to the 11 Minister, or 12 (d) is removed from office by the Minister under this clause, or 13 (e) is absent from 3 consecutive meetings of the Trust of which 14 reasonable notice has been given to the member personally or by 15 post, except on leave granted by the Minister or unless the 16 member is excused by the Minister for having been absent from 17 those meetings, or 18 (f) becomes bankrupt, applies to take the benefit of any law for the 19 relief of bankrupt or insolvent debtors, compounds with his or her 20 creditors or makes an assignment of his or her remuneration for 21 their benefit, or 22 (g) becomes a mentally incapacitated person, or 23 (h) is convicted in New South Wales of an offence that is punishable 24 by imprisonment for 12 months or more or is convicted 25 elsewhere than in New South Wales of an offence that, if 26 committed in New South Wales, would be an offence so 27 punishable. 28 (2) The Minister may at any time remove a member from office. 29 (3) Without limiting the generality of subclause (2), the Minister may 30 remove from office a member who contravenes the provisions of clause 31 7. 32 6 Filling of vacancy in office of member 33 If the office of any member becomes vacant, a person is, subject to this 34 Act, to be appointed to fill the vacancy. 35 Page 14 Quarantine Station Preservation Trust Bill 2006 Provisions relating to the members Schedule 2 7 Disclosure of pecuniary interests 1 (1) If: 2 (a) a member has a direct or indirect pecuniary interest in a matter 3 being considered or about to be considered at a meeting of the 4 Trust, and 5 (b) the interest appears to raise a conflict with the proper 6 performance of the member's duties in relation to the 7 consideration of the matter, 8 the member must, as soon as possible after the relevant facts have come 9 to the member's knowledge, disclose the nature of the interest at a 10 meeting of the Trust. 11 (2) A disclosure by a member at a meeting of the Trust that the member: 12 (a) is a member, or is in the employment, of a specified company or 13 other body, or 14 (b) is a partner, or is in the employment, of a specified person, or 15 (c) has some other specified interest relating to a specified company 16 or other body or to a specified person, 17 is a sufficient disclosure of the nature of the interest in any matter 18 relating to that company or other body or to that person that may arise 19 after the date of the disclosure and that is required to be disclosed under 20 subclause (1). 21 (3) Particulars of any disclosure made under this clause must be recorded 22 by the Trust in a book kept for the purpose and that book must be open 23 at all reasonable hours to inspection by any person on payment of the 24 fee determined by the Trust. 25 (4) After a member has disclosed the nature of an interest in any matter, the 26 member must not, unless the Minister otherwise determines: 27 (a) be present during any deliberation of the Trust with respect to the 28 matter, or 29 (b) take part in any decision of the Trust with respect to the matter. 30 (5) A contravention of this clause does not invalidate any decision of the 31 Trust. 32 (6) A reference in this clause to a meeting of the Trust includes a reference 33 to a meeting of a committee of the Trust. 34 8 Effect of certain other Acts 35 (1) Chapter 1A of the Public Sector Employment and Management Act 36 2002 does not apply to or in respect of the appointment of a member. 37 Page 15 Quarantine Station Preservation Trust Bill 2006 Schedule 2 Provisions relating to the members (2) If by or under any Act provision is made: 1 (a) requiring a person who is the holder of a specified office to 2 devote the whole of his or her time to the duties of that office, or 3 (b) prohibiting the person from engaging in employment outside the 4 duties of that office, 5 the provision does not operate to disqualify the person from holding that 6 office and also the office of a member or from accepting and retaining 7 any remuneration payable to the person under this Act as a member. 8 9 Liability of members 9 No matter or thing done by the Trust, any member or any person acting 10 under the direction of the Trust, if the matter or thing was done in good 11 faith for the purposes of executing this or any other Act, subjects a 12 member or a person so acting personally to any action, liability, claim 13 or demand. 14 Page 16 Quarantine Station Preservation Trust Bill 2006 Provisions relating to the procedure of the Trust Schedule 3 Schedule 3 Provisions relating to the procedure of 1 the Trust 2 (Section 5 (4)) 3 1 General procedure 4 The procedure for the calling of meetings of the Trust and for the 5 conduct of business at those meetings is, subject to this Act and the 6 regulations, to be as determined by the Trust. 7 2 Quorum 8 The quorum for a meeting of the Trust is a majority of members for the 9 time being. 10 3 Presiding member 11 (1) The Chairperson (or, in the absence of the Chairperson, another member 12 elected to chair the meeting by the members present) is to preside at a 13 meeting of the Trust. 14 (2) The presiding member has a deliberative vote and, in the event of an 15 equality of votes, has a second or casting vote. 16 4 Voting 17 A decision supported by a majority of the votes cast at a meeting of the 18 Trust at which a quorum is present is the decision of the Trust. 19 5 Transaction of business outside meetings or by telephone 20 (1) The Trust may, if it thinks fit, transact any of its business by the 21 circulation of papers among all the members of the Trust for the time 22 being, and a resolution in writing approved in writing by a majority of 23 those members is taken to be a decision of the Trust. 24 (2) The Trust may, if it thinks fit, transact any of its business at a meeting 25 at which members (or some members) participate by telephone, 26 closed-circuit television or other means, but only if any member who 27 speaks on a matter before the meeting can be heard by the other 28 members. 29 (3) For the purposes of: 30 (a) the approval of a resolution under subclause (1), or 31 (b) a meeting held in accordance with subclause (2), 32 the Chairperson and each member have the same voting rights as they 33 have at an ordinary meeting of the Trust. 34 Page 17 Quarantine Station Preservation Trust Bill 2006 Schedule 3 Provisions relating to the procedure of the Trust (4) A resolution approved under subclause (1) is, subject to the regulations, 1 to be recorded in the minutes of the meetings of the Trust. 2 (5) Papers may be circulated among the members for the purposes of 3 subclause (1) by facsimile or other transmission of the information in 4 the papers concerned. 5 6 Minutes 6 The Trust must cause full and accurate minutes to be kept of the 7 proceedings of each meeting of the Trust. 8 7 First meeting 9 The Minister may call the first meeting of the Trust in such manner as 10 the Minister thinks fit. 11 Page 18

 


[Index] [Search] [Download] [Related Items] [Help]