New South Wales Consolidated Acts

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BIODIVERSITY CONSERVATION ACT 2016 - SECT 10.6

Powers of Trust

10.6 Powers of Trust

(1) The Trust has power to do all things that are necessary or convenient to be done for or in connection with the exercise of its functions or that are supplemental or incidental to, or consequential on, the exercise of its functions.
(2) Without limiting subsection (1), the Trust has power to do the following--
(a) to buy, sell, hold, mortgage, lease or otherwise deal with land,
(b) to acquire, transfer or retire biodiversity credits,
(c) to enter into private land conservation agreements as land owner,
(d) by mutual agreement with the Crown, to surrender land vested in the Trust (whether on trust or otherwise) to the Crown to be used for a purpose specified by the Trust,
(e) to buy or otherwise acquire, sell, hold, create security interests in and otherwise deal in access licences, holdings in access licences and water authorities under the Water Management Act 2000 ,
(f) to borrow money, either with or without security,
(g) to act as trustee of money or other property vested in the Trust,
(h) to invest money in any fund managed or maintained by the Trust--
(i) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Trust is permitted to invest money under that Part, or
(ii) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in the same way as trustees may invest trust funds or in any other way approved by the Treasurer,
(i) to make and enter into contracts or other arrangements for the carrying out of works, the performance of services or the supply of goods or materials,
(j) to appoint agents.



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