Crown Lands Act 1989 Crown Lands (General Reserves) By-law 1995 (1995-597) [GG No 119 of 29.9.1995] (NSW)

Case

1995—No. 597

CROWN LANDS ACT 1989—BY-LAW

(Crown Lands (General Reserves) By-law 1995)

NEW SOUTH WALES

[Published in Gazette No. 119 of 29 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Crown Lands Act 1989, has been pleased to make the By-law set forth hereunder.

KIM YEADON, M.P.,

Minister for Land and Water Conservation.

PART 1—PRELIMINARY

Citation

l. This By-law may be cited as the Crown Lands (General Reserves) By-law 1995.

Commencement

2. This By-law commences on 1 October 1995.

Application

3. This By-law applies to a reserve specified in Schedule 1, except as specifically provided by other clauses of this By-law.

Definitions

4. In this By-law:

“authorised person”, in relation to a reserve trust, means:

(a) a member of the trust board of the reserve trust; or
(b) an administrator of the affairs of the reserve trust; or
(c) a ranger or other person appointed by the reserve trust; or

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(d)

where a council has been appointed to manage the affairs of the reserve trust, any officer, employee of the council or other person appointed as authorised officer by the council;

“building” includes part of a building;

“council” has the same meaning as in the Local Government Act

1993;

“mooring” means the anchoring of any vessel or the securing of any vessel to any post, stake, pile, float, pontoon, wall, wharf, jetty or other landing stage;

“reserve” means a reserve to which this By-law applies, and includes

part of a reserve;

“reserve trust”, in relation to a reserve, means the reserve trust that is

the trustee of the reserve under the Act;

“secretary”, in relation to a reserve trust, means the secretary to the

reserve trust;

“the Act” means the Crown Lands Act 1989;

“the Minister” means the Minister administering the Act for the time

being;

“vehicle” includes:

(a)

a motor car, motor carriage, motor cycle or other apparatus propelled on land, snow or ice wholly or partly by volatile spirit, steam, gas, oil or electricity; and

(b)

a boat or other object that, while floating on water or submerged, whether wholly or partly, under water, is wholly or partly used for the conveyance of persons or things; and

(c)

an apparatus that, while propelled in the air by human or mechanical power or by the wind, is wholly or partly used for the conveyance of persons or things; and

(d)

an apparatus propelled on land, snow or ice by human or animal power or by the wind; and

(e)

a trailer or caravan, whether or not it is in the course of being towed.

PART 2—ADMINISTRATION

Division 1—Trust boards

Operation of Division

5. This Division applies to the reserve trust of a reserve to which this
By-law applies, where the reserve trust is managed by a trust board.

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Meetings

6. (1) The trust board is to meet at least 4 times a year at the places and times as determined by the board.

(2) At one such meeting, to be termed the annual general meeting, the trust board is to:

(a) elect a chairperson and a deputy chairperson; and

(b) elect a person or persons as secretary and treasurer unless those positions are filled by a person or persons appointed and employed under clause 13.

(3) A person elected under subclause (2) is to hold office until the next annual general meeting of the trust board.

(4) A statement of accounts is to be presented to the annual general meeting of the trust board.

Special meetings

7. On receipt by the chairperson of a written request for a meeting of the trust board, the chairperson, if the request is signed by at least 2 members of the board and specifies the purpose of the meeting, is to call a special meeting to be held within 28 days after receipt of the request at the place and time specified by the chairperson.

Prior notice of meetings

8. (1) Subject to subclause (2), the chairperson, not later than 10 days before the day appointed for a meeting referred to in clause 6 or 7, is to forward to each member of the trust board a notice in writing setting out the place and time of the meeting and the agenda for that meeting.

(2) If the chairperson is of the opinion that a special meeting should be held as soon as possible, the chairperson may give such notice of the place and time of, and the agenda for, the meeting as the chairperson considers appropriate.

Casual vacancy

9. If a casual vacancy occurs in the office of the chairperson, deputy chairperson, secretary or treasurer, the trust board, at the first meeting held after the occurrence of the casual vacancy, is to elect or appoint, as the case requires, a person to fill the vacancy and the person so elected or appointed is entitled to hold office for the unexpired part of the term of office of that person’s predecessor.

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Conduct of meetings

10. (1) At a meeting of the trust board, the chairperson or, in the absence of the chairperson, the deputy chairperson, is to preside.

(2) In the absence of the chairperson and the deputy chairperson, the
members of the trust board present are to elect a person from among their
number to preside at the meeting and the person so elected is to preside.

(3) The person presiding at a meeting of the trust board is to have a deliberative vote and, in the event of an equality of votes, is to have a second or casting vote.

Committees

11. (1) The trust board may form one or more committees to carry out such works or perform such duties as the board determines.

(2) All such committees must consist of members of the trust board.

Division 2—General administrative matters

Operation of Division

12. This Division applies to the reserve trust for each reserve to which this By-law applies.

Officers and employees

13. (1) The reserve trust may appoint and employ a secretary, a treasurer, rangers and such other officers and employees as may be necessary for the efficient operation of the reserve.

(2) One person may be appointed to the positions of secretary to, and treasurer of, the reserve trust.

(3) If there is a trust board, a member of the trust board may be appointed and employed under this clause.

Duties of secretary and treasurer

14. (1) The secretary is to:

(a)

keep and maintain minutes of each meeting of the reserve trust; and

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(b)

keep and maintain the book (disclosure of pecuniary interests of members of a trust board) required by clause 1 (3) of Schedule 4 to the Act; and

(c) perform other duties as directed by the reserve trust.

(2) The treasurer is to:

(a)

be responsible to the reserve trust for the keeping and maintaining of proper financial records; and

(b)

keep and maintain the records required to be kept by the reserve trust under Schedule 4 to the Crown Lands Regulation 1995.

Financial year

15. The reserve trust’s financial year is to end on 30 June each year.

Receipts and disbursements

16. (1) All money received by the reserve trust is to be deposited to the credit of an account established with any bank or building society specified in or prescribed for the purposes of section 14A of the Trustee Act 1925, in the name of the reserve trust.

(2) Each item of expenditure by or on behalf of the reserve trust is to be authorised or confirmed for payment, at a duly convened and constituted meeting of the reserve trust by tabling and approval of a report by the treasurer relating to that item of expenditure.

(3) Cheques drawn on the reserve trust’s account are to be signed by one member of the reserve trust and one other person approved by the trust.

(4) If an administrator of a reserve trust has been appointed under the Act, cheques are to be signed by the administrator and one other person chosen by the administrator.

Common seal

17. (1) The common seal of the reserve trust is to be kept by the secretary or, if there is no secretary, by such other person as may be appointed by the trust.

(2) The common seal of the reserve trust is to be affixed to a document

only:

(a)

following a resolution to do so passed at a meeting of the reserve trust; and

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(b) in the presence of a member of the reserve trust and the secretary or, if there is no secretary, by such other person as may be appointed by the reserve trust for that purpose.

(3) The affixing to a document of the common seal of the reserve trust that is managed by a trust board is to be attested by a member of the trust board and by the secretary to the reserve trust or, if there is no secretary, by such other person as may be appointed by the reserve trust for that purpose.

(4) If an administrator of a reserve trust has been appointed under the Act, the common seal may be affixed and attested by the administrator alone.

PART 3—REGULATION OF USE OF RESERVE

Public access to reserve

18. (1) Subject to subclause (2), the reserve is to be open to the public during such times as the reserve trust may specify in a public notice displayed at or adjacent to each entrance to the reserve.

(2) The reserve trust, by a public notice displayed at or adjacent to each entrance to the reserve, may:

(a) close to the public the reserve, any part of the reserve, or any building, structure or enclosure; or
(b) restrict or otherwise regulate the purposes for which the reserve, any part of the reserve or any building, structure or enclosure may be used; or
(c) prohibit the use of the reserve, any part of the reserve or any building, structure or enclosure for any purpose specified in the notice.

(3) A person must not enter or use the reserve, any part of the reserve or any building, structure or enclosure within the reserve contrary to a public notice displayed under this clause.

Maximum penalty: 5 penalty units.

Reserve trust may set aside parts of reserve for certain uses

19. Subject to and consistent with any plan of management for a reserve, the reserve trust may set aside any part of the reserve, including any building, structure or enclosure, for any purpose for which the reserve may be used.

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Fees and charges

20. (1) The reserve trust may from time to time determine the fees or charges payable in respect of any one or more of the following:

(a)

entry to and use of the whole or any part of the reserve and any building, structure or enclosure within the reserve;

(b) parking or use of any vehicle or class of vehicles on the reserve;

(c) use of electricity, gas and water;

(d) rubbish disposal and cleaning of the reserve;

(e) removal of effluent.

(2) In determining fees and charges, the reserve trust is to have regard to any contractual arrangements entered into by the reserve trust.

(3) The fees or charges payable under this clause must be displayed in a public notice erected at or adjacent to each entrance to the reserve or part of the reserve or building, structure or enclosure to which the fees or charges relate.

(4) The reserve trust may in any particular case waive payment of a fee or charge.

(5) The Minister may serve notice on the reserve trust disallowing or varying any fee or charge as set out in the notice and the reserve trust is to give effect to the Minister’s notice.

Entry

21. (1) A person who enters the reserve or part or any building, structure or enclosure within the reserve, whether on payment of an entrance fee or otherwise, enters subject to such conditions as may be determined from time to time by the reserve trust and as are displayed in public notices erected at or adjacent to each entrance to the reserve or part or the building, structure or enclosure.

(2) The reserve trust may designate entrance and exit points to and from the reserve, any part or any building, structure or enclosure within the reserve by public notices displayed at or near those points.

(3) Where the reserve trust has designated an entrance and determined an entrance fee, a person must not enter the reserve or part or the building, structure or enclosure unless:

(a) the person pays that entrance fee; and

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(b)

the person enters as directed by public notices displayed at or adjacent to an entrance where any entrance fee demanded is payable.

Maximum penalty: 5 penalty units.
(4) A person must not enter or leave the reserve or part or building,

structure or enclosure otherwise than through an entrance or exit as designated by public notices displayed at or adjacent to the entrance or exit.

Maximum penalty: 5 penalty units.

Vehicles on reserve
22. (1) The reserve trust may give such directions as to the bringing of vehicles into, and the use and parking or mooring of vehicles in, the reserve as the reserve trust thinks fit, and any such direction:

(a) may be limited as to time, place or subject-matter; and
(b) may be varied or revoked by the reserve trust.

(2) A direction given under subclause (1) has effect only where it

appears in a public notice displayed on or near the reserve or part to
which the direction relates.

(3) The direction appearing in a public notice that is displayed on or near a reserve or part with the authority of the reserve trust has effect as a direction, for the time being in force, given under subclause (1) in relation to the reserve or part and the notice is, for the purposes of subclause (2), notice of that direction.

(4) A person must not contravene a direction having effect under this

clause.

Maximum penalty: 5 penalty units.
(5) A person must not interfere with, alter or remove any public notice

displayed with the authority of the reserve trust under subclause (2).

Maximum penalty: 5 penalty units.
(6) Nothing in this clause affects any other provision of the Act or any

other Act or of this By-law so far as the provision has effect in relation to

conduct on a reserve.

Regulation of conduct within reserve
23. (1) A person must not make use of a reserve or carry on a specified activity on the reserve if that use or specified activity is prohibited by a public notice displayed on the reserve.

Maximum penalty: 5 penalty units.

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(2) For the purposes of subclause (l), the specified activities are as follows:

(a)

entering the reserve at a time when the reserve is not open to the public;

(b)

entering any building, structure or enclosure or part of the reserve not open to the public;

(c) holding a meeting or performance or conducting an entertainment;
(d) selling, offering or exposing for sale any article or thing;

(e) displaying or causing any bill or poster to be displayed;

(f)

having or operating television, cinematographic or photographic equipment for commercial purposes;

(g) camping or permanently residing;

(h) damaging, picking or removing any tree, shrub, plant, vine, flower or other vegetation (whether dead or alive), except as permitted by paragraph (i);

(i)  removing any dead timber, log or stump, whether standing or fallen, except for the purpose of cooking food in the reserve;

(i)  damaging any lawn, playing field or green, except in the course of and as a normal incident of any recreational or sporting activity;

(k)

defacing or removing or disturbing any rock, soil, sand, stone or similar substance;

(1) lighting a fire:

(i) at any time when the lighting of fires in the reserve is prohibited under the Bush Fires Act 1949; or

(ii)  at any other time except in a fire-place provided by the reserve trust or in portable cooking equipment;

(m)

climbing any tree, building, fence, seat, table, enclosure or other structure;

(n)

destroying, capturing, injuring, annoying or interfering with any animal, or interfering with the habitat of any animal;

(o)

having or keeping any dog or other animal, or allowing any animal under the person’s control to depasture;

(p)

carrying, laying or setting any trap, snare or poison bait, or dropping from any aircraft any trap, snare or poison bait;

(q) placing any beehive;

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(r)

carrying or having in a person’s possession a firearm within the meaning of the Firearms Act 1989 or a prohibited weapon within the meaning of the Prohibited Weapons Act 1989, unless that person is a police officer acting in connection with the performance of that person’s duties as such an officer;

(s) discharging fireworks;

(t)

having in possession, selling, serving or consuming any intoxicants;

(u) having or using any axe, saw or similar tool or implement;
(v) assembling or using a hang-glider or landing a helicopter;
(w) flying a mechanically propelled model aircraft or similar thing;

(x) breaking any glass or throwing or projecting any stone, missile or other object;

(y)

operating a radio, cassette, record player or electronic sound system at a volume likely to cause a nuisance to any person or animal;

(z)

conducting or taking part in any sporting activity that forms part of any organised competition or tournament;

(aa) skateboarding, roller skating or roller blading;

(ab) jetskiing or surfboarding;

(ac) fishing.

(3) Nothing in this clause prohibits a blind or hearing impaired person from being accompanied by a guide dog within the reserve.

(4) A person must not interfere with, alter or remove any public notice

displayed with the authority of the reserve trust under subclause (1).

Maximum penalty: 5 penalty units.

(5) Nothing in this clause affects any other provision of the Act or any other Act or of this By-law so far as the provision has effect in relation to conduct on a reserve.

Conduct prohibited in reserve

24. A person must not:

(a)

leave any rubbish or litter within the reserve, except in receptacles provided by the reserve trust for the purpose; or

(b)

damage, deface or interfere with any structure, sign, public notice, descriptive plate, label, machinery or equipment within the reserve; or

1995—No. 597

(c) obstruct any authorised person or employee of, or contractor to, the reserve trust in the performance of the authorised person’s duty or the employee’s or contractor’s work within the reserve; or
(d) pollute any fresh water, tank, reservoir, pool or stream within the reserve; or
(e) bring onto the reserve any diseased animal or any noxious animal; or
(f) walk over, mark, scratch or otherwise mutilate, deface, injure, interfere with, remove or destroy any aboriginal rock carving, its surrounds or any other aboriginal relic within the reserve; or
(g) deface with graffiti or other form of writing, picture, or symbol, any trees, building, fence, seat, table, public notice, enclosure or other structure within the reserve; or
(h) drive or ride any animal or act contrary to any public notice erected by the reserve trust that regulates the use or movement or confinement of animals within the reserve; or

(i)  remain in the reserve or any part or any building, structure or enclosure within the reserve when requested to leave by an authorised person.

Maximum penalty: 5 penalty units.

PART 4—MISCELLANEOUS

Destruction or taking of plants or animals

25. Nothing in this By-law prevents the reserve trust from authorising:

(a)

the destruction within the reserve of any noxious plant or animal; or

(b)

subject to the provisions of the National Parks and Wildlife Act 1974, the taking from the reserve of any plant or animal that, in the opinion of the trustees, has assumed pest proportions or is required for scientific purposes.

Certain acts and omissions not to be offences

26. (1) A person does not commit an offence under this By-law if the act or omission giving rise to the offence was done or omitted:

(a)

by a member of the reserve trust or an officer or employee of the reserve trust in the exercise of his or her duty as a member, officer or employee; or

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(b)

in accordance with the conditions (whether express or implied) of a lease or licence granted by the reserve trust; or

(c) under the direction or with the consent of the reserve trust.

(2) The consent of the reserve trust referred to in this clause may be given generally or in a particular case.

(3) Nothing in this clause permits the reserve trust to consent to the doing of any thing within the reserve which is otherwise prohibited by any other law.

Authorised person may demand name and address

27. (1) An authorised person who suspects that a person who is on a reserve has contravened a provision of this By-law may direct the person to provide his or her full name and residential address to the authorised person.

(2) A person to whom such a direction is given must not fail to comply with the direction.

Maximum penalty: 5 penalty units.

(3) A person is not guilty of an offence under this clause unless the person was warned, when the direction was given, that failure to comply with the direction would constitute an offence.

SCHEDULE l—RESERVES TO WHICH THIS BY-LAW APPLIES

(Cl. 3)

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Adaminaby Adaminaby R.84984 for Adaminaby
Racecourse and racecourse and Racecourse and
Showground showground (notified Showground Trust

Reserve

21 August 1964) and any additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Albury AIbury 22.4471 hectares AIbury Showground
Showground dedicated for Trust
showground at
Albury (notified 26
November 1948)
and any additions
thereto, now
assigned the number
D620063 in the
records of the
Department of Land
and Water
Conservation
Alumy Creek Alumy Creek R.140020 for public Alumy Creek
Reserve recreation and Reserve Trust

museum (notified 26 June 1987) and any additions thereto

Armidale Armidale Tennis R.89699 for public Armidale Tennis
Courts Reserve recreation (notified Courts Reserve Trust
24 December 1975)
and any additions
thereto
Armidale Armidale R.110029 for Armidale
Showground showground (notified Showground Reserve
Reserve 22 December 1989) Trust
and any additions
thereto
Bathurst Bathurst 16.4042 hectares Bathurst
Showground dedicated for Showground Trust
showground at
Bathurst (notified 19
October 1877) and
any additions
thereto, now
assigned the number
D590074 in the
records of the
Department of Land
and Water
Conservation

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Bega Reserve 97856 R.97856 for public Zingel Place
recreation and (R.97856) Reserve
parking (notified 2 Trust
August 1985) and
any additions thereto
Bellingen Bellingen 4.86 hectares Bellingen
Showground dedicated for Showground Trust
showground at
Bellingen (notified
26 July 1911) and
any additions
thereto, now
assigned the number
D540022 in the
records of the
Department of Land
and Water
Conservation
Bemboka Bemboka R.40788 for Bemboka
Showground showground (notified Showground Trust

Reserve

22 August 1906) and any additions thereto

Bonshaw Bonshaw R.42857 for Bonshaw Racecourse
Racecourse racecourse (notified Reserve Trust
Reserve 8 July 1908) and
any additions thereto
Bowling Alley Chaffey Dam R.96568 for public Bowling Alley Point
Point Reserve recreation (notified Recreation Reserve
28 January 1983) Trust
and any additions
thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Broadmeadow District Park 3.53 hectares District Park Tennis
Tennis Courts dedicated for tennis Courts Trust
courts at
Broadmeadow
(notified 18 October
1935) and any
additions thereto,
now assigned the
number D570095 in
the records of the
Department of Land
and Water
Conservation
Broken Hill Broken Hill R.230092 for the Broken Hill Arid
Arid Zone public purpose of Zone Study Area
Study Area environmental Reserve Trust

protection, heritage purposes and public recreation (notified 7 October 1994) and

any additions thereto
Broken Head Broken Head R.24495 for public Broken Head
Reserve recreation (notified Reserve Trust
25 July 1896) and
any additions thereto
Brooms Head Brooms Head R.65975 for resting Brooms Head
Reserve place and public Recreation Reserve
recreation (notified Trust
15 May 1936) and
any additions thereto
Brunswick Brunswick R.80457 for public Brunswick Heads
Heads Heads Reserve recreation (notified (R.80457) Public
21 March 1958) and Recreation Reserve
any additions thereto Trust
Brunswick Brunswick R.97139 for public Brunswick Heads
Heads Heads Reserve recreation (notified (R.97139) Public
20 January 1984) Recreation Reserve
and any additions Trust
thereto

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Brunswick Ferry Reserve R.74701 for public Ferry Reserve Trust

Heads

recreation (notified 18 January 1952) and any additions thereto

Brunswick Massey Green R.91536 for caravan Massey Green
Heads Reserve and camping park Reserve Trust
(notified 17 August
1979) and any
additions thereto
Brunswick Terrace Reserve R.82999 for resting Terrace Reserve
Heads Caravan Park place and public Trust
recreation (notified 6
January 1961) and
any additions thereto
Bulli Bulli Pass R.67711 for public Bulli Pass Scenic
Scenic Reserve recreation (notified 1 Reserve Trust
July 1938) and any
additions thereto
Bundarra Bundarra R.110007 for Bundarra
Community community purposes Community Purposes
Centre (notified 27 March Reserve Trust
1987) and any
additions thereto
Bundarra Bundarra R.42217 for Bundarra Racecourse
Racecourse racecourse (notified Reserve Trust
Reserve 27 November 1907)
and any additions
thereto

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Bundarra Bundarra 7.158 hectares Bundarra
Showground dedicated for Showground Trust
showground and
public recreation at
Bundarra (notified
15 September 1909)
and any additions
thereto, now
assigned the number
D510031 in the
records of the
Department of Land
and Water
Consewation
Byron Bay Cape Byron R.140050 for public Cape Byron
Headland recreation and Headland Reserve
Reserve presentation of Trust

native flora (notified 11 November 1988) and any additions

thereto
Byron Bay Lighthouse Hill R.49122 for public Clarkes Beach
Reserve recreation and Reserve Trust
preservation of
native flora (notified
30 July 1913) and
any additions thereto
Canowindra Canowindra R.47413 for Canowindra
Showground and showground and Showground and
Racecourse racecourse (notified Racecourse Trust

Reserve

24 January 1912) and any additions thereto

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Cobargo Cobargo 14.5069 hectares Cobargo
Showground dedicated for Showground Trust
showground at
Cobargo (notified 20
December 1887) and
any additions
thereto, now
assigned the number
D580107 in the
records of the
Department of Land
and Water
Conservation
Coffs Harbour Coffs Harbour 17.6109 hectares Coffs Harbour
Showground dedicated for Showground Trust
showground and
public recreation at
Coffs Harbour
(notified 16
September 1966)
and any additions
thereto, now
assigned the number
D540030 in the
records of the
Department of Land
and Water
Conservation
Coffs Harbour Coffs Harbour 50.77 hectares Coffs Harbour
Racecourse dedicated for Racecourse and
racecourse and Public Recreation
public recreation at Trust
Coffs Harbour
(notified 7
December 1956) and
any additions
thereto, now
assigned the number
D540023 in the
records of the
Department of Land
and Water
Conservation

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Coonabarabran Coonabarabran R.85201 for Coonabarabran
Showground showground and Showground Trust
Reserve public recreation
(notified 22 January
1965) and any
additions thereto
Cowra Cowra 39.1513 hectares Cowra Showground
Racecourse and dedicated for Racecourse and
Showground showground and Paceway Trust
racecourse at Cowra
(notified 17
February 1909) and
any additions
thereto, now
assigned the number
D590004 in the
records of the
Department of Land
and Water
Conservation
Deepwater Deepwater R.110017 for public Deepwater Public
Public Hall hall (notified 25 Hall Trust
Reserve March 1988) and
any additions thereto
Delungra Delungra R.82061 for public Delungra Recreation
Recreation recreation (notified 9 Reserve Trust
Ground Reserve October 1959) and
any additions thereto
Dubbo Dubbo R.84662 for Dubbo Showground
Showground showground and Trust
Reserve public recreation
(notified 6
December 1963) and
any additions thereto
Dubbo Dubbo Small R.97620 for Dubbo Small Bore
Bore Rifle Club non-profit making Rifle Club Trust

Reserve

organisations (notified 14 December 1984) and

any additions thereto

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Eureka Eureka Public R.86949 for public Eureka Public
Recreation recreation (notified 8 Recreation Reserve
Reserve November 1968) Trust
and any additions
thereto
Evans Head Dirawong R.140012 for public Dirawong Reserve
Reserve recreation, Trust
preservation of
native flora,
preservation of
fauna, conservation
of Aboriginal
heritage (notified 9
January 1987) and
any additions thereto
Evans Head Evans Head R.82910 for public Evans Head
Public recreation (notified (R.82910) Public
Recreation 18 November 1960) Recreation Reserve
Reserve and any additions Trust
thereto
Forbes Forks 5.71 hectares Forbes Showground
Showground dedicated for Trust
showground at
Forbes (notified 2
December 1899) and
any additions
thereto, now
assigned the
numbers D590010
and D590138 in the
records of the
Department of Land
and Water
Conservation
Forster Forster Beach R.65963 for resting Scotts Head Reserve
Reserve place and public Trust

recreation (notified 8 May 1936) and any additions thereto

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LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Gilgai Gilgai Public R.37860 for public Gilgai Public Hall
Recreation recreation (notified and Recreation
Reserves 25 June 1904) Reserves Trust

R.77683 for public recreation (notified

10 June 1955)
R.89717 for public
recreation and public
hall (notified 30
January 1976) and
any additions thereto
Glen Innes Glen Innes 10.6918 hectares Glen Innes
Showground dedicated for Showground Trust
showground at Glen
Innes (notified 22
May 1877) and any
additions thereto,
now assigned the
number D510036 in
the records of the
Department of Land
and Water
Conservation
Grafton Grafton R.84958 for Grafton Racecourse
Racecourse and racecourse and and Recreation
Recreation public recreation Reserve Trust
Reserve (notified 24 July
1964) and any
additions thereto
Greenwell Point Greenwell Point R.180017 for wharf Greenwell Point
Wharf Reserve facility (notified 24 Fishermen’s Wharf
April 1987) and any Trust
additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Gulgong Gulgong 94.32 hectares Gulgong Racecourse
Racecourse dedicated for Reserve Trust
Reserve racecourse and
public recreation at
Gulgong (notified 22
January 1960) and
any additions
thereto, now
assigned the number
D520071 in the
records of the
Department of Land
and Water
Conservation
Gunnedah Riverside R.72486 for Gunnedah
Racecourse racecourse (notified Racecourse Reserve
Reserve 31 October 1947) Trust
and any additions
thereto
Iluka Iluka Park R.89830 for caravan Iluka Caravan Park
Reserve and camping park Reserve Trust
(notified 4 June
1976) and any
additions thereto
Iluka Iluka Koala R.140072 for Iluka Koala Reserve
Reserve environmental Trust
protection (notified
13 December 1991)
and any additions
thereto
Inverell Goonoowigall R.89639 for public Goonoowigall
Bushland recreation and Bushland Reserve
Reserve
preservation of Trust
native flora (notified
6 February 1976)
and any additions
thereto

1995—No. 597

LOCATION RESERVE: NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Inverell Inverell R.97964 for public Inverell Speedway
Speedway recreation Reserve Trust
Reserve (speedway) (notified
25 October 1985)
and any additions
thereto
Inverell Inverell Pioneer R.87505 for Inverell Pioneer
Village Reserve museum (notified 14 Village Reserve
November 1969) Trust
and any additions
thereto
Lawrence Lawrence R.96692 for public Lawrence (R.96692)
Recreation recreation (notified 8 Public Recreation
Reserve April 1983) and any Reserve Trust
additions thereto
Lithgow Zig Zag Reserve 202.7 hectares Zig Zag Reserve
dedicated for public Trust
recreation at
Lithgow (notified 14
March 1881) and
any additions
thereto, now
assigned the number
D590044 in the
records of the
Department of Land
and Water
Conservation
Maclean Wooloweyah R.95841 for public Wooloweyah (R.
Foreshore recreation and 95841) Foreshore
Reserve preservation of Reserve Trust
native flora (notified
5 March 1982) and
any additions thereto
Manilla Split Rock R.20020 for public Split Rock Dam
Recreation recreation (notified 2 Recreation Reserve
Reserve February 1990) and Trust
any additions thereto
Mendooran Mendooran R.43605 for Mendooran
Racecourse racecourse (notified Racecourse Trust
Reserve 10 March 1909) and
any additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Moonee Beach Moonee Beach R.64933 for resting Moonee Beach
Reserve place and public Public Recreation
recreation (notified Reserve Trust
23 November 1934)
and any additions
thereto
Mudgee Mudgee R.81127 for Mudgee Combined
Memorial showground, Sportsground Trust
Combined race-course and
Sports Ground public recreation
(notified 3 October
1958) and any
additions thereto
Mumbil Burrendong R.120082 for Burrendong
Arboretum arboretum (notified Arboretum Trust
22 June 1990) and
any additions thereto
Nambucca Reserve 85113 R.85113 for public Nambucca Heads
Heads recreation (notified (R.85113) Public
20 November 1964) Recreation Reserve
and any additions Trust
thereto
Nambucca Swimming R.81006 for public Nambucca Heads
Heads Creek Reserve recreation (notified (R.81006)
22 August 1958) Swimming Creek
and any additions Public Recreation
thereto Reserve
Nambucca Valley Valley R.88941 for public Nambucca Heads
Heads Recreation recreation and (R.88941) Public
Reserve preservation of Recreation Reserve
native flora (notified Trust

29 June 1973) and any additions thereto

Nambucca Stuarts Island R.77566 for public Nambucca Heads
Heads Reserve recreation (notified Stuarts Island
22 April 1955) and Reserve Trust
any additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Nambucca Reserve 69215 R.69215 for public Nambucca Heads
Heads recreation and access (R.69215)
(notified 10 May Swimming Creek
1940) and any Reserve Trust
additions thereto
Nambucca Headland R.63811 for resting Nambucca Heads
Heads Reserve place and public (R.63811) Headland
recreation (notified 3 Reserve Trust
March 1933) and
any additions thereto
Nambucca Bellwood Park R.77534 for public Nambucca Heads
Heads Reserve recreation (notified Bellwood Park
15 April 1955) and Reserve Trust
any additions thereto
Newton Boyd Newton Boyd R.90728 for public Newton Boyd Hall
Reserve recreation and public Reserve Trust

hall (notified 11 March 1977) and any additions thereto

Nymboida Chambigne R.86968 for public Chambigne
Recreation recreation (notified (R.86968) Public
Reserve 22 November 1968) Recreation Reserve
and any additions Trust
thereto
Nymboida Eatonsville R.86394 for public Eatonsville
Public recreation (notified (R.86394) Public
Recreation 25 August 1967) Recreation Reserve
Reserve and any additions Trust
thereto
Nymboida Nymboida R.91555 for public Nymboida (R.91555)
Recreation recreation (notified 7 Public Recreation
Reserve September 1979) Reserve Trust
and any additions
thereto
Nymboida Towallum R.91347 for public Towallurn (R.91347)
Recreation recreation (notified Public Recreation
Reserve 15 December 1978) Reserve Trust
and any additions
thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Oberon Oberon 4.388 hectares Oberon Showground
Showground dedicated for Trust
showground at
Oberon (notified 9
September 1899)
and any additions
thereto, now
assigned the number
B590080 in the
records of the
Department of Land
and Water
Conservation
Oberon Silent Creek R.190098 for public Silent Creek
Reserve recreation and Heritage Lands
environmental Reserve Trust

protection (notified 8 May 1992) and any additions thereto

Orange Canobolas R.81412 for public Canobolas Regional
Regional recreation (notified Parkland Trust
Parkland 20 February 1959)

Reserve

and R.83678 for public recreation (notified 12 January,

1962) and any additions thereto

Orange Central R.190027 for public Central Tablelands
Tablelands recreation (notified Heritage Lands Trust
Heritage Lands 30 January 1987)
Reserve and any additions
thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Orange Orange 117.26 hectares Orange Racecourse
Racecourse dedicated for Trust
racecourse at Orange
(notified 1 July
1873) and any
additions thereto,
now assigned the
numbers D590050
and D590136 in the
records of the
Department of Land
and Water
Conservation
Pambula Pambula R.98164 for Pambula Recreation
Recreation showground and and Showground (R.
Reserve public recreation 98164) Reserve
(notified 9 May Trust
1986) and any
additions thereto
Parkes Parkes R.15223 for Parkes Racecourse
Racecourse racecourse (notified Trust
Reserve 13 February 1892)
and any additions
thereto
Peak Hill Peak Hill 26.87 hectares Peak Hill
Showground dedicated for Showground Trust
showground at Peak
Hill (notified 19
October 1894) and
any additions
thereto, now
assigned the number
D590055 in the
records of the
Department of Land
and Water
Conservation

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
PURPOSE, NAME
DATE
Quaama Quaama Sports 2.6589 hectares Quaama Sports
Ground dedicated for Ground Trust
racecourse and
public recreation at
Quaama (notified 31
October 1947) and
any additions
thereto, now
assigned the number
D580101 in the
records of the
Department of Land
and Water
Conservation
Quirindi Quirindi R.72708 for Quirindi Racecourse
Racecourse showground, Reserve Trust

Reserve

race-course and public recreation (notified 21 May 1948) and any

additions thereto
Rylstone Ferntree Gully R.190113 for Ferntree Gully
Reserve environmental Reserve Trust
protection (notified
19 August 1944)
and any additions
thereto
Sawtell Boambee Creek R.84835 for public Boambee Creek
Park Reserve recreation (notified Park Reserve Trust
10 April 1964) and
any additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Sawtell Park Beach R.63966 for resting Sawtell and Park
Reserve place and public Beach Reserves
recreation (notified 2 Reserve Trust
June 1933),
R.81703 for resting
place and public
recreation (notified
19 June 1959),
R.140089 for
caravan park
(notified 26 May
1955) and any
additions thereto
Temora Temora 21.25 hectares Temora Showground
Showground dedicated for Trust
showground at
Temora (notified 10
September 1886)
and any additions
thereto, now
assigned the number
D620071 in the
records of the
Department of Land
and Water
Conservation
Tenterfield Tenterfield 10.75 hectares Tenterfield
Showground dedicated for Showground Trust
showground at
Tenterfield (notified
28 January 1879)
and any additions
thereto, now
assigned the
numbers D510045 to
D510048 in the
records of the
Department of Land
and Water
Conservation

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Tingha Tingha Caravan R.110016 for public Tingha Caravan Park
Park and recreation, caravan and Recreation
Recreation and camping park Reserve Trust
Reserve (notified 5 February
1988) and any
additions thereto
Torrington Torrington R.110107 for rural Trrington Regional
Regional services, public Reserve (R.110107)
Reserve recreation, Reserve Trust
environmental
protection (notified
29 May 1992) and
any additions thereto
Ulladulla Ulladulla R.95755 for Ulladulla Wlldflower
Wildflower preservation of Reserve Trust

Reserve

native flora (notified 24 December 1981) and any additions

thereto
Urunga Urunga Heads R.82452 for public Morgo Street
Caravan Park recreation (notified 1 Reserve Trust
April 1960) and any
additions thereto
Valla Beach Valla Beach R.82967 for public Valla Beach
Recreation recreation (notified (R.82967) Public
Reserve 16 December 1960) Recreation Reserve
and any additions Trust
thereto
Walcha Walcha Tennis R.82902 for tennis Walcha Tennis
Courts Reserve courts (notified 11 Courts Reserve Trust

November 1960) and any additions thereto

Wattle Flat Wattle Flat R.190105 for Wattle Flat Heritage
Recreation environmental Lands Trust
Reserve protection and
public recreation
(notified 24
December 1992) and
any additions thereto

1995—No. 597

LOCATION RESERVE NUMBER, CORPORATE
NAME PURPOSE, NAME
DATE
Wee Jasper Goodradigbee R.60618 for public Goodradigbee and
and recreation (notified Goobarragandra
Goobarragandra 27 July 1928), Reserve Trust

Reserves

R.13005 to 130010 for public recreation (notified 12

December 1986),
R.130064 for public
recreation (notified
14 May 1993),
R.87128 for
reservation of caves
(notified 3 April
1969) and R.220011
for public recreation
(notified 20 March
1987) and any
additions thereto
Wingham Wingham 10.12 hectares Wingham
Showground dedicated for Showground Trust
showground at
Wingham (notified
15 July 1884) and
any additions
thereto, now
assigned the number
D610034 in the
records of the
Department of Land
and Water
Conservation
Woolgoolga Woolgoolga R.63076 for resting Woolgoolga Beach
Beach and place and public Reserve Trust
Lakes Reserve recreation (notified
27 November 1931)
and any additions
thereto

1995—No. 597

NOTES

TABLE OF PROVISIONS

PART l—PRELIMINARY

1.        Citation

2.       Commencement

3.       Application

4.       Definitions

PART 2—ADMINISTRATION

Division 1 —Trust boards

  1. Operation of Division

6.        Meetings

  1. .       Special meetings

  2. Prior notice of meetings

9.       Casual vacancy

  1. Conduct of meetings

11.      Committees

Division 2—General administrative matters

12.      Operation of Division

13.      Officers and employees

14.      Duties of secretary and treasurer

15.      Financial year

16.      Receipts and disbursements

17.      Common seal

PART 3—REGULATION OF USE OF RESERVE

  1. Public access to reserve

19.      Reserve trust may set aside parts of reserve for certain uses

20.      Fees and charges

21.      Entry

22.       Vehicles on reserve

23.       Regulation of conduct within reserve

24.       Conduct prohibited in reserve

PART 4—MISCELLANEOUS

  1. Destruction or taking of plants or animals

  2. Certain acts and ommissions not to be offences

  3. Authorised person may demand name and address

SCHEDULE 1—RESERVES TO WHICH THIS BY-LAW APPLIES

1995—No. 597

EXPLANATORY NOTE

The object of this Regulation is to remake the provisions of certain reserve, showground and sportsground by-laws that were repealed on 1 September 1995 by section 10 of the Subordinate Legislation Act 1989. The new By-law:

(a)

deals with matters relating to the administration of the various reserves, including meetings of the trust board for a reserve trust that manages a reserve under the Crown Lands Act 1989, the appointment of staff of a reserve trust, the duties of the secretary and treasurer of a reserve trust, accounting matters and other general administrative matters (Part 2); and

(b)

regulates the entry of persons into reserves and the conduct of persons in reserves (Part 3); and

(c) contains other miscellaneous and formal matters (Parts 1 and 4).

This By-law is made under the Crown Lands Act 1989, including section 128 (the general by-law making power).

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