Crown Lands and Other Acts (Reserves) Amendment Act 1974 (NSW)

CROWN LANDS AND OTHER ACTS

(RESERVES) AMENDMENT ACT.

ANNO VICESIMO TERTIO

ELIZABETHE II REGINE

Act No. 37, 1974.

An Act to provide for the reservation of certain lands as state recreation areas; to consolidate and amend certain laws relating to the appointment, powers and duties of trustees of certain lands; to provide for the vesting of certain lands in the council of a local government area; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, the Closer Settlement (Amendment) Act, 1914, the Local Government Act, 1919, and certain other Acts; to repeal the Public Trusts Act, 1897, the Trustees of Show-grounds Enabling Act, 1909, the Public Parks Act, 1912, the Trustees of Public Reserves Enabling Act, 1924, and certain other enactments; and for purposes connected therewith. [Assented to, 23rd April, 1974.] BE

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows: —

PART I .

PRELIMINARY.

1.      This Act may be cited as the "Crown Lands and Other

Acts (Reserves) Amendment Act, 1 9 7 4 " .

2 . This Act shall commence on such day as may be

appointed by the Governor in respect thereof and as may be
notified by proclamation published in the Gazette.

3 . The Crown Lands Consolidation Act, 1 9 1 3 , is, in this

Act, referred to as the Principal Act.

4 .      This Act is divided as follows :—

P A R T	I . — P R E L I M I N A R Y — s s .	1 - 5 .
P A R T	I I . — A M E N D M E N T S OF	A C T S — s s . 6 - 1 3 .

P A R T I I I . — S A V I N G S AND MISCELLANEOUS PROVISIONS

—ss. 1 4 - 2 0 .

SCHEDULE.

5. An Act specified in Column 1 of the Schedule is, to the extent specified opposite that Act in Column 2 of the Schedule, hereby repealed.

PART II .

AMENDMENTS OF ACTS.

6.      The Principal Act is amended—

(a) by inserting in section 1 (b) next after the matter relating to Part I I I the following new matter :—

PART I I I A . — S T A T E RECREATION A R E A S —

sections 37A-37L.

PART I I IB .—MANAGEMENT OF AND DEALINGS

WITH DEDICATED OR RESERVED LANDS AND
CERTAIN OTHER LANDS—sections 37 M -

37YY.

D I V I S I O N 1.—PRELIMINARY—sections 37M,

37N.

D I V I S I O N 2 . — M A N A G E M E N T OF RESERVES—

sections 37o—37n.

D I V I S I O N 3 .—SALE, LEASE, ETC., OF

RESERVES—sections 3 7 J J - 3 7 T T .

D I V I S I O N 4.—MISCELLANEOUS—sections

37UU-37YY.

PART I I IC .—VESTING OF CERTAIN LANDS IN COUNCILS—sections 37ZZ-37BBB.

(b)

(b) (i) by inserting next before the definition of
"Catchment Areas Protection Board" in

section 5 ( 1 ) the following new definition :—

"By-laws" means by-laws made under the

authority of this Act.

(ii)   by inserting next after the definition of "Series"

in section 5 (1 ) the following new

definition :—•

"State recreation area" means state

recreation area under Part I I I A .

(c)	(i)	by inserting in section 24 (1) after the word "enjoyment" the words "—public park";
(ii)	by inserting in section 24 (2) after the words "Crown lands" the words "or closer settlement lands";
(iii)	by inserting in section 24 (3) after the words
"this Act," the words "or the Closer
Settlement Acts,";
(iv)	by inserting in section 24 (3) after the words "classified areas" wherever occurring the words ", settlement areas";
(v)	by inserting next after section 24 (4) the following new subsections :—

(5) Without affecting the operation of any

granted under this section—

other provision of this Act, lands may be

(a) subject to such conditions as are imposed by the Minister (which condi­ tions the Minister is hereby authorised to impose) and as are specified in the grant; or

(b) without any such conditions.

(6 )

(6 ) In this section—

"closer settlement lands" means lands acquired under the Closer Settlement Acts, and, without affecting the gener­ ality of the foregoing provisions of this definition, includes lands within a settlement purchase area set apart under section 21 of the Closer Settle­ ment (Amendment) Act, 1909, but does not include—

(a)	any lands reserved or dedicated under section 13 of the Closer Settlement (Amendment) Act, 1914;
(b)	any lands granted or lawfully contracted to be granted in fee-simple under the Closer Settlement Acts;
(c)	any lands disposed of under subsection (6) of section 21 of the Closer Settlement (Amend­ ment) Act, 1909; or
(d)	any lands held under a lease under the Closer Settlement Acts;

"settlement area" means—

(a)	settlement purchase area set apart under section 21 of the
Closer Settlement (Amend­
ment) Act, 1909; or
(b)	closer settlement lease area set apart under section 7 of the Closer Settlement Amendment (Conversion) Act, 1943.

(d )

(d)	(i)	by inserting in section 28 (2) after the words "Crown lands" the words "or closer settlement lands";
(ii)	by inserting in section 28 (3) after the words
"this Act," the words "or the Closer
Settlement Acts,";
(iii)	by inserting in section 28 (3) after the words "classified areas" wherever occurring the words ", settlement areas";
(iv)	by inserting next after section 28 (3) the following new subsection :—
(4) In this section, "closer settlement lands" and "settlement area" have the mean­ ings respectively ascribed thereto in section 2 4 .

(e) by inserting in section 253 after the word "thereunder" the words "or by any by-law".

7.      The Principal Act is further amended by inserting next

after Part III the following new Parts :—

PART I I I A .

STATE RECREATION AREAS.

37A. In this Part, except in so far as the context or subject-matter otherwise indicates or requires—•

"Coal Mining Act" means an Act, whether enacted before or after the commencement of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974, that makes provision with respect to prospecting for or mining coal or shale, other than the Mining Act, 1906;

"lands of the Crown" means lands vested in a Minister of the Crown or in a public authority;

"prescribed

"prescribed lands" means—

(a) lands within a reserve;
(b) Crown lands not within a reserve; or

(c) lands of the Crown,

but does not include—

(d)	any lands within a national park, state park, historic site, aboriginal area or protected archaeological area within the meaning of the National Parks and Wildlife Act, 1967;
(e)	any lands dedicated as a nature reserve, or declared to be a wildlife refuge or game reserve, under the Fauna Protection Act, 1948;
(f)	any lands in respect of which any Act (other than this Act or the Closer Settle­ ment Acts) provides that the lands shall be used for a purpose referred to in the Act or shall not be used for any purpose other than that referred to in the Act ; or

(g) any lands within a state recreation area;
"prescribed time", in relation to a House of Parlia­
ment, means fourteen sitting days of that House,

whether or not they occur during the same

session;

"public authority" means any public body declared by the Minister by order published in the Gazette to be a public authority for the purposes of this Par t ;

"public purpose" has the meaning ascribed thereto

in Part I I I B ;

"reserve" has the meaning ascribed thereto in Part

I I I B .

37B.

37B. (1) Subject to this section, the Minister may, by notification published in the Gazette, permanently reserve, as a state recreation area, any prescribed lands described in the notification, for the purpose of public recreation and enjoyment.

(2 ) Subject to this section, the Minister may, by notification published in the Gazette, permanently reserve, as part of a state recreation area specified in the notification, any prescribed lands described in the notification, for the purpose of public recreation and enjoyment.

(3) A reservation under subsection (1) or (2)

shall not be made—

(a)	in any case—without the concurrence in writing of the Minister for Mines; and
(b)	in respect of lands submerged by waters—with­ out the concurrence in writing of the Minister administering the Fisheries and Oyster Farms Act, 1935.

(4) A reservation under subsection (1) or (2) shall not be made in respect of lands of the Crown except with the concurrence in writing of the Minister or public authority in whom they were vested immediately before the reservation.

(5 ) Upon the publication of a notification under

subsection	( 1 ) —
(a)	where a trustee of all or any part of the lands described in the notification was holding office under Part I I I B immediately before that publication and—

(i)   where the trustee so held office in respect of all of those lands, the trustee shall, subject to this Act, continue to be trustee of those lands; or

(ii)

(ii)   where the trustee so held office in respect of part only of those lands, the trustee shall cease to hold that office in respect of that part of those lands;

(b)	any by-laws that, immediately before that publi­ cation, applied to all of the lands described in the notification and not to any other lands, shall continue to apply to the lands so described, but without affecting the power of the Governor to amend or repeal those by-laws; and
(c)	any by-laws that, immediately before that publi­ cation, applied t o—

(i)   part only of the lands described in the notification; or

(ii)   all of the lands so described and also to any other lands,

shall cease to apply to the lands so described.

(6 ) Upon the publication of a notification

under subsection ( 2 ) —

(a)	where a trustee of all or any part of the lands described in the notification was holding office under Part I I I B immediately before that publica­ tion, the trustee shall cease to hold that office in respect of those lands or that part, as the case
may b e ;
(b)	where a trustee was holding office as trustee of the state recreation area specified in the notifica­

tion immediately before that publication, the

trustee shall be deemed to have been appointed trustee of the lands described in the notification;

(c) any by-laws that, immediately before that publica­ tion, applied to the state recreation area specified in the notification shall apply to the lands described in the notification; and

(d)

(d) any by-laws that, immediately before that publi­ cation, applied to all or any part of the lands described in the notification shall cease to apply to the lands so described.

(7) For the purposes of section 43 of the Inter­ pretation Act, 1897, any by-laws that cease to apply to any lands by virtue of subsection (5) or (6) shall, in so far as they applied to those lands, be deemed to have been repealed.

(8 ) Upon the publication of a notification

under subsection (1) or ( 2 ) —

(a)	the lands described in the notification become Crown lands to the extent to which they were not Crown lands immediately before that publication; and
(b)	except in any case where subparagraph (i) of paragraph (a) of subsection (5) or paragraph (b ) of subsection (6) operates, the Minister shall be charged with the care, control and management of the lands so described until trustees are appointed under Part I I I B .

(9 ) To the extent to which a dedication, reservation (other than a reservation under this Part) Crown grant or vesting affects lands described in a notification published under subsection (1) or ( 2 ) , the publication revokes the dedication, reservation, grant

or vesting.

(10) The Minister may, by a notification pub­ lished under subsection (1) or (2) or by another notification published in the Gazette, assign a name to a state recreation area, and may, from time to time, by such a notification, alter any name assigned under this subsection or assign a different name in its place.

37c .

37c. (1) A copy of a notification published under subsection (1) or (2 ) of section 37B shall be laid before , each House of Parliament within the prescribed time after publication thereof.

(2 ) Where a House of Parliament passes a resolution of which notice has been given within fifteen sitting days of that House after a copy of a notification has been laid before it under subsection ( 1 ) , whether or not those sitting days occur during the same session, and the resolution disallows the reservation effected by the notification or any part thereof—

(a)	the reservation thereupon ceases, to the extent of the disallowance, to have effect; and
(b)	to the extent to which the reservation ceases to affect them, the lands described in the notification thereupon cease to be, or to be part of, a state recreation area.

(3) Where any lands cease to be, or to be part of, a state recreation area by virtue of the disallowance of a reservation under this Part—

(a)	any person holding office as trustee of the state recreation area immediately before the disallow­
ance shall cease to be trustee of those lands;
(b )	any by-laws applicable to the state recreation area immediately before the disallowance shall cease to apply to those lands; and
(c)	subject to subsection (4), those lands may be dealt with as if they had been acquired under the Closer Settlement Acts or as Crown lands.

(4 )

(4) Notwithstanding anything in paragraph (c) of subsection ( 3 ) , where any lands cease to be, or to be part of, a state recreation area by virtue of the disallowance of a reservation under this Part and those lands were, immediately before the reservation—

(a)	lands dedicated under the Crown Lands Acts for any public purpose—those lands shall, by virtue of this subsection, be deemed to be dedicated under this Act for that purpose;
(b)	lands dedicated under the Closer Settlement Acts, for any public purpose—those lands shall, by virtue of this subsection, be deemed to be dedicated under those Acts for that purpose; or
(c)	lands reserved under the Closer Settlement Acts for any public purpose—those lands shall, by virtue of this subsection, be deemed to be reserved under those Acts for that purpose,

as from the date on which the disallowance took effect.

(5 ) For the purposes of section 43 of the Inter­ pretation Act, 1897, any by-laws that cease to apply to any lands by virtue of subsection (3) shall, in so far as they applied to those lands, be deemed to have been repealed.

37D. (1 ) A trustee of a state recreation area con­ tinued in office by subparagraph (i) of paragraph (a) of subsection (5) of section 37B shall, unless he sooner vacates his office, hold office for a term of five years commencing on the date of publication in the Gazette of the notification under subsection (1) of that section in relation to the state recreation area, but is, subject to Division 2 of Part I I I B , eligible for further appointment as a trustee of the state recreation area.

( 2 )

(2 ) A trustee of a state recreation area (other than a trustee continued in office, as referred to in sub­ section ( 1 ) ) shall, unless he sooner vacates his office, hold office for such term as is specified in the notification by which he was so appointed, but is, subject to Division 2 of Part I I I B , eligible for further appointment as a trustee of the state recreation area.

(3) Nothing in this section applies to a corpora­ tion appointed to be a trustee under section 37P or to an administrator appointed under Division 2 of Part

I I I B .

37E. (1 ) In this section, "existing interest" means—•

(a)	any authority, permit, lease, license, or occu­ pancy, otherwise than under a Coal Mining Act; or
(b)	any lease or other interest under a Coal Mining Act, being a lease or other interest of a class or description prescribed by regulations made under section 37G for the purposes of this paragraph.

(2) Except as provided in this Act, the reserva­ tion of lands as, or as part of, a state recreation area does not affect—

(a)	the terms and conditions of any existing interest in respect of those lands from the Crown or the
the reservation; or trustees, current and in force at the time of
(b)	the use permitted of those lands under the

interest.

(3) Subject to subsection ( 4 ) , no such interest shall be renewed nor shall the term of any such interest be extended except with the approval of the Minister and subject to such conditions as the Minister determines.

( 4 )

(4 ) The provisions of subsection (3) do not

apply t o—

(a)	any authority, lease or license under the Mining Act, 1906, the Fisheries and Oyster Farms Act, 1935, the Petroleum Act, 1955, or the Mining Act, 1973, or any permit or licence under the Petroleum (Submerged Lands) Act, 1967; or
(b)	any lease or other interest under a Coal Mining Act of a class or description prescribed by regu­ lations made under section 37G for the purposes of paragraph (b) of the definition of "existing
interest" in subsection ( 1 ) .

(5) Upon the termination, surrender, forfeiture or determination of any existing interest (otherwise than for the purpose of renewing it or extending its term) referred to in subsection ( 2 ) , the lands the subject of the interest are, to the extent to which they would not, but for this subsection, be lands reserved as part of the state recreation area within which they are situated, hereby so reserved.

37F. (1 ) Notwithstanding anything in this or any other Act, lands within a state recreation area shall not be sold, leased or otherwise dealt with except as provided in this Part or Part I I I B .

(2) Without affecting the generality of subsec­

tion ( 1 ) , lands within a state recreation area shall not be dedicated, reserved or otherwise dealt with under Par t III or the Closer Settlement Acts.

37G. (1) In this section, "mining interest" means—

(a) any authority or lease granted under the Mining Act, 1906, or the Petroleum Act, 1955;

(b )

(b)	an authority (other than an exploration licence) under the Mining Act, 1973; or
(c)	any lease or other interest under a Coal Mining Act, being a lease or other interest of a class or description prescribed by regulations made under subsection (8) for the purposes of this paragraph.

(2) Subject to this section, the Mining Act, 1906, the Petroleum Act, 1955, the Petroleum (Sub­ merged Lands) Act, 1967, the Mining Act, 1973, and a Coal Mining Act apply, at any time, to lands within a state recreation area to the extent to which those Acts are in force at that time.

(3) A mining interest shall not be granted in respect of lands within a state recreation area without the concurrence in writing of the Minister.

(4) A renewal of, or extension of the term of, a mining interest in respect of lands within a state recreation area (other than an existing interest referred to in subsection (2) of section 37E) shall not be granted under the Mining Act, 1906, the Petroleum Act, 1955, the Mining Act, 1973, or a Coal Mining Act without the concurrence in writing of the Minister.

(5 ) Except as provided in this section, nothing

in this Part affects the right, title or interest of any person	(other than a person who is or was trustee of the lands
comprised in a state recreation area) in respect of minerals in any such lands.
(6) Lands within a state recreation area are hereby exempted from occupation under any miner's right or business license issued under the Mining Act 1906.

(7)

(7 ) Where a provision of a Coal Mining Act prevents, or has the effect of preventing, a person from exercising in lands within a state recreation area any of the rights conferred by that Act or by an instrument under that Act, except with the consent of the Minister for the time being administering that Act, that Minister shall not, in the case of any such lands, give his consent under that provision without the approval of—

(a)	where the lands are not within an irrigation area—the Minister for Lands; or
(b)	where the lands are within an irrigation area— the Minister for the time being administering the Irrigation Act, 1912.

(8) The Governor may make regulations for or

with respect t o—

(a) prescribing a class or description of leases or other interests under a Coal Mining Act for the purposes of paragraph (b) of the definition of "existing interest" in subsection (1) of section

3 7 E ;

(b)	prescribing a class or description of leases or other interests under a Coal Mining Act for the purposes of paragraph (c) of the definition of "mining interest" in subsection ( 1 ) .
(9 ) The regulations under subsection ( 8 )

shall be made on the recommendation of the Minister and

with the concurrence of the Minister for Mines.

(10) Section 41 of the Interpretation Act, 1897,

applies in respect of the regulations made under this section as if this Act had been passed after the com­ mencement of the Interpretation (Amendment) Act, 1969.

(11) A reference to the Mining Act, 1906, in this section or section 37E does not, if that Act is repealed, extend to a reference to that Act as re-enacted, whether it is re-enacted with or without modification.

3 7 H .

37H. (1) The Forestry Act, 1916, does not apply to or in respect of lands within a state recreation area.

(2) Notwithstanding anything in subsection ( 1 ) , all licenses and permits under the Forestry Act, 1916, affecting lands within a state recreation area shall, unless sooner cancelled under the Forestry Act, 1916, continue in force until the expiration of the respective terms for which they were granted, and that Act shall continue to apply to and in respect of those licenses and permits until they respectively expire or are cancelled.

37i. (1) The Soil Conservation Act, 1938, applies to and in respect of lands within a state recreation area.

(2) Subject to subsection ( 3 ) , nothing in this Part affects the operation of the Fisheries and Oyster Farms Act, 1935, in relation to lands within a state recreation area.

(3) A lease under the Fisheries and Oyster Farms Act, 1935, shall not, without the concurrence of the Minister in writing, be granted in respect of lands within a state recreation area or in respect of any waters beneath which those lands are submerged.

37J. (1) The Minister may, upon such terms as he thinks fit, grant for joint or several use easements or rights of way through, upon or in a state recreation area for the purpose of providing access to any area included in any lease or license within the state recreation area, or for the construction of pipelines, or for the erection of standards, posts, wires and appliances for the conveyance or transmission of electricity, or for any other purpose deemed necessary by the Minister. ( 2 )

(2 ) The Minister may accept a surrender of any easement or right of way through, upon or in a state recreation area.

(3) Any easement or right of way over any lands within a state recreation area and in force immedi­ ately before those lands were reserved under section 37B shall be deemed to have been granted under this section.

37K. The expression "state recreation area" shall not be used either alone or in conjunction with other words as the name of any lands used for the purpose of public recreation and enjoyment unless the lands are within a state recreation area reserved under this Part.

37L. (1) Notwithstanding anything in any other Part

or in any other Act, but subject to section 37QQ ( 2 ) —

(a)	the reservation of lands as, or as part of, a state recreation area shall not be revoked; or
(b)	lands within a state recreation area shall not be appropriated or resumed,
except in accordance with this section.

(2 ) Where the Minister is of the opinion that the reservation of lands as, or as part of, a state recreation area should be revoked as to the whole or any part of those lands, he may cause a notice under his hand to be published in the Gazette, setting forth the mode in which it is proposed to deal with the lands.

( 3 )

(3 ) Where in any Act provisions are contained enabling the appropriation or resumption of Crown lands and a Minister of the Crown is of the opinion that it is in the public interest to appropriate or resume any lands within a state recreation area under those provisions, he may cause a notice under his hand to be published in the Gazette, setting forth the mode in which it is proposed to deal with the lands and drawing attention to the fact that the lands are within a state recreation area.

(4) Where a notice is published under sub­ section (2 ) or ( 3 ) , a copy of the notice shall be laid before each House of Parliament within the prescribed time after publication thereof.

(5) Where a House of Parliament passes a resolution of which notice has been given within fifteen sitting days of that House after a copy of the notice so published has been laid before it under subsection ( 4 ) , whether or not those sitting days occur during the same session, and the resolution disallows the proposal set forth in the notice, no further action shall be taken in the matter.

(6) If no such resolution is passed, it shall be

lawful for the proposal so set forth to be carried out—

(a)	in the case of a proposal that the reservation of lands as, or as part of, a state recreation area be
—by the Minister, by notification published revoked as to the whole or any part of those lands
in the Gazette, revoking the reservation in accordance with the proposal ; or
(b)	in the case of a proposal for the appropriation or resumption of any lands within a state recrea­ tion area—by the appropriation or resumption of the lands, as specified in the proposal, being

effected

effected in accordance with and subject to the provisions of the Act enabling the appropriation or resumption.

(7) Upon the publication of a notification under paragraph (a) of subsection (6) revoking the reservation of lands as, or as part of, a state recreation area as to the whole or any part thereof, the whole of the lands or that part, as the case may be, shall cease to be, or to be part of, a state recreation area, as the case may be.

P A R T I I I B .

MANAGEMENT OF AND DEALINGS WITH DEDICATED OR

RESERVED LANDS AND CERTAIN O T H E R LANDS.

Division 1.

Preliminary.

37M. (1 ) In this Part, except in so far as the context or subject-matter otherwise indicates or requires—

"area" has the meaning ascribed thereto in the Local Government Act, 1919;

"council" has the meaning ascribed thereto in the Local Government Act, 1919;

"public purpose", in relation to lands dedicated or reserved under the Crown Lands Acts or the Closer Settlement Acts, means a purpose that is a public purpose in relation to the provision of the Act under which the lands were so dedicated or reserved;

"reserve"

"reserve" means—

(a)	lands dedicated or reserved under the Crown Lands Acts or the Closer Settle­ ment Acts for any public purpose; or
(b)	any other lands in respect of which a trustee appointed or purporting to have been appointed under the Public Trusts Act, 1897, or the Public Parks Act, 1912, was holding or purporting to hold office immediately before the commence­ ment of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974,

and includes lands within a state recreation area,

but does not include—

(c)	any common within the meaning of the Commons Regulation Act, 1898 ;
(d)	any lands within the meaning of the Trustees of Schools of Arts Enabling Act, 1902; or
(e)	any lands or class of lands in respect of which an order under section 37N is in force.

(2) In this or any other Act, or in any instru­

ment under an Act, except in so far as the context or

subject-matter otherwise indicates or requires, a reference (however expressed) to the trustees of a reserve includes,
where a corporation is the sole trustee of a reserve, a

reference to that trustee.

37N. The Minister may, by order published in the Gazette, declare that any lands or class of lands specified or described in the order are not to be subject to the provisions of this Part.

Division

P 57337—16

Division 2 .

Management of Reserves.

37o. (1 ) In this section, "person" means individual. (2) Subject to subsection ( 5 ) , the Minister may, by notification published in the Gazette, appoint not less than three persons to be trustees of a reserve.

(3 ) Subject to subsection ( 5 ) , the Minister may, by notification published in the Gazette, appoint a person to be a trustee of a reserve—

(a)	in the place of a person who is deemed to have vacated his office as a trustee; or
(b)	in addition to persons already holding office as trustees of the reserve.

(4 ) Without affecting the generality of subsec­ tion (2) or ( 3 ) , the Minister may, under either of those subsections, appoint a person who holds a particular office or position to be a trustee by virtue of his holding that office or position.

(5 ) An appointment shall not be made under this section, whether to fill a vacancy or otherwise, which would result in the total number of trustees for the time being of a reserve exceeding, or being maintained or increased beyond, seven.

(6 ) Where a person is appointed to be a trustee
of a reserve by virtue of his holding a particular office or

position, then, in ascertaining the number of trustees of

the reserve for the purposes of subsection ( 5 ) , that person
shall not be counted.

(7 ) A person of or above the age of seventy years is not eligible for appointment under this section as a trustee.

(8 ) Subject to section 37D, a person appointed to be a trustee of a reserve under this section shall continue to hold office as such until he is deemed to have vacated that office under this Act.

(9)

(9) This section has effect subject to section

37uu.

37P. (1) The Minister may, by notification published in the Gazette, appoint a corporation, whether—

(a) a council;

(b) a corporation constituted or created by or under any Act providing for the holding or managing of or dealing with church property; or

(c) any other corporation whatsoever,

to be sole trustee of a reserve.

(2) A corporation shall have authority to accept appointment under this section as trustee and to exercise and perform all the powers, authorities, duties and functions necessary for the purpose of carrying its trusteeship into full effect.

(3) A council shall not be appointed to be trustee of a reserve that is wholly or partly within the area of another council except with the consent of that other council.

(4) Without affecting the generality of subsec­ tion (1), this section authorises the appointment as trustee of a reserve, being the whole or part of lands set apart, dedicated or reserved for the purposes of a cemetery, of a corporation referred to in paragraph (b) of subsection (1).

(5) This section has effect subject to section

37uu.

37Q. (1) The Minister may, by notification published in the Gazette—

(a) declare that the trustees (appointed under section 37o) of a reserve specified in the notification, and their successors in office, shall be a corporation; and

(b) assign a corporate name to the corporation.

(2)

(2) On and from the publication in the Gazette of a notification under subsection (1)—

(a)	the trustees of the reserve specified in the notification, and their successors in office, shall be a corporation under the corporate name assigned in the notification to the corporation; and
(b)	the powers, authorities, duties and functions of the trustees of the reserve, whether conferred or imposed by this Act or otherwise, shall be deemed to be conferred or imposed on the corporation alone.

(3) The Minister may, from time to time, by notification published in the Gazette, assign a new corporate name to a corporation constituted under this section, and, on and from the publication in the Gazette of the notification, the corporate name of the corporation shall, without affecting the continuity of the corporation, be the name so assigned.

(4) Where a corporation is constituted under this section in relation to the trustees of a reserve, the common seal of the corporation shall, except in so far as the by-laws applicable to the reserve otherwise provide, be kept by such trustee or officer of the trustees as the trustees from time to time determine.

(5) Where a corporation is constituted under this section in relation to the trustees of a reserve—

(a) subject to paragraph (b), the liability of a trustee of the reserve shall be the same as if the corpora­ tion had been appointed sole trustee under section

37P and as if the trustees were the members of the

corporation; and

(b)

(b) no matter or thing done, and no contract entered into, by the trustees of the reserve in their cor­ porate capacity, and no matter or thing done by a trustee or by any other person acting under the direction of the trustees in their corporate capacity, shall, if the matter or thing was done, or the contract was entered into, bona fide for the purpose of executing this or any other Act in so far as it confers or imposes powers, authorities, duties or functions on the trustees, subject a trustee, or other person so acting, personally to any action, liability, claim or demand.

(6) The Minister may, by notification published in the Gazette, dissolve a corporation constituted under this section.

(7) Subject to subsection (3) of section 37EE,

where—

(a)	a corporation is constituted under this section in relation to the trustees of a reserve;
(b)	there are no trustees of the reserve for the time being; and
(c)	the corporation does not have an estate in fee simple in the reserve otherwise than by the operation of section 37x,

section 344 of the Local Government Act, 1919, has

not been so constituted.	effect in relation to the reserve as if the corporation had
(8) A notification under subsection (1) may be contained in the same instrument as a notification under section 37o.
(9) A notification under subsection (1), (3) or (6) may be made in relation to one or more reserves.

37R.

37R. The trustees of a reserve appointed under this Division are charged with the care, control and manage­ ment of the reserve.

37s. (1) A trustee (appointed under section 37o) of a reserve shall be deemed to have vacated his office—

(a) if he dies;

(b)	if he resigns his office by writing under his hand addressed to the Minister;
(c)	if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

(d) if he is removed from office by the Minister;

(e) if the Minister declares, by notification published in the Gazette, that, from information contained in a report forwarded to the Minister under section 37T, the number of duly convened meet­ ings of the trustees of the reserve held during any year of the trust at which the trustee was present was less than forty per centum of the total number of duly convened meetings of the trustees during the year;

(f) on the day on which he attains the age of seventy

(g)	in the case of a person who was appointed to be years;
a trustee by virtue of his holding a particular office or position and who ceases to hold that office or position, except as provided in paragraph (h), upon his so ceasing to hold that office or position; or
(h)	in the case of a person who was appointed to be a trustee by virtue of his holding the office of member of a council or mayor, Lord Mayor or

president

president of an area, and who ceases to hold that; office otherwise than in circumstances giving rise to an extraordinary vacancy under section 35 of the Local Government Act, 1919, and otherwise than by reason of the removal of the members of a council under section 86 of that Act—

(i)   upon the expiration of one month after his so ceasing to hold that office, unless he is elected or appointed, or re-elected or re-appointed, to that office; or

(ii)   upon the election or appointment of another person to that office,

whichever first occurs.

(2) A corporation that is appointed under section 37P to be trustee of a reserve shall be deemed to have vacated its office—

(a)	if it resigns its office by writing under its seal addressed to the Minister; or
(b)	if it is removed from office by the Minister.

(3) The Minister may, by notification published in the Gazette, remove from office any trustee appointed under section 37o or 37P for any cause which to the Minister seems sufficient.

(4) Nothing in this section affects the operation of the provisions of subsection (12) of section 37AA

relating to the vacation of office of a trustee.

(5) This section has effect subject to section

37uu.

37T. (1) Trustees appointed under section 37o shall cause to be forwarded to the Minister during the month next following the close of the year of the trust financial and other statements in relation to such matters arising out of the trust as the Minister either generally or in any particular case or class of cases may require.

(2)

(2) A corporation that is appointed under section 37P to be trustee of a reserve shall cause to be forwarded to the Minister in the month of January in the year 1976 and thereafter in the month of January in every third succeeding year a statement concerning such activities of the corporation in relation to the trust during the preceding three years as the Minister either generally or in any particular case or class of cases may require.

(3) The Minister may, in any particular case or class of cases, waive the requirements of subsection (1) or (2) either wholly or in part, and for such periods as he may determine, if in his opinion the circumstances of the case or class of cases are such that it is desirable to do so.

37u. (1) The Minister may cause a plan of manage­ ment to be prepared with respect to any reserve.

(2) The plan of management for a reserve shall contain a detailed written scheme of the operations which it is proposed to undertake in or in relation to the reserve, and, without affecting the generality of the foregoing provisions of this subsection, may specify any activity proposed to be permitted in any part of the reserve and the nature of any development proposed to be carried out to encourage the use of that part for the activity so specified.

(3) In the preparation of a plan of management
for a reserve, regard shall be had to the encouragement

and regulation of the appropriate use, understanding and

enjoyment of the reserve by the public and to any other
objectives which the Minister thinks fit in any particular

case.

(4) Where a plan of management has been prepared for a reserve, the Minister—

(a) shall refer a copy of the plan to the trustees of the reserve (if any); and

(b) may refer a copy to any other person,

for consideration.

(5)

(5) The persons to whom a copy of a plan of management has been referred under subsection (4) may, within such period as the Minister approves, make representations to him in connection with the plan.

(6) The Minister shall, before adopting a plan of management, consider the representations received by him in pursuance of subsection (5) .

(7) The Minister may adopt a plan of manage­ ment without alteration or with such alterations as he thinks fit.

(8) Where the Minister has adopted a plan of

management—

(a)	the plan shall be carried out and given effect to by the trustees of the reserve to which the plan relates; and
(b)	no operations shall be undertaken on or in relation to the lands to which the plan relates unless the operations are in accordance with the plan,

and, without affecting the generality of paragraph (b), that paragraph applies where a council has the care, control and management of the lands under section

the fact that there are no trustees of the reserve for the	344 of the Local Government Act, 1919, by reason of
time being.
(9) A reference in paragraphs (a) and (b) of subsction (8) to a plan of management is, where the plan has been amended or altered under section 37v, a reference to the plan as so amended or altered.

37v.

37v. (1) The Minister may, from time to time, amend or alter a plan of management that has been adopted under section 37u or may cancel such a plan of management.

(2) Where the Minister cancels a plan of management for any reserve under subsection (1) , he may, at the same time or subsequently, adopt a new plan of management in accordance with section 37u.

(3) Where the Minister proposes to amend or alter a plan of management under subsection (1) , he shall cause the amendment or alteration to be prepared, and, in the preparation of the amendment or alteration, regard shall be had to subsection (2) of section 37u.

(4) The provisions of subsections (3) , (4) , (5) , (6) and (7) of section 37u apply to and in respect of an amendment or alteration under subsection (1) of this section in the same way as they apply to and in respect of a plan of management.

37w. (1) Where lands submerged by water are lands that are the subject of any part of a plan of management, the Minister shall, before its adoption under section 37u, refer the plan to the Minister administering the Fisheries and Oyster Farms Act, 1935.

(2) A plan of management referred to in sub­

section (1) shall not be adopted, amended, altered or

cancelled under section 37v in so far as it relates to	lands referred to in that subsection without the con­
currence in writing of the Minister administering the Fisheries and Oyster Farms Act, 1935.
37x. (1) Except to the extent that the trustees of a reserve have an estate in fee simple in the reserve apart from this section, the trustees shall, for the purposes only of this Part and of any by-law, be deemed to have that estate in the reserve.

(2)

(2) The trustees of a reserve are not capable of alienating, charging, granting leases of, or licenses in respect of, or in any way disposing of the reserve or any part of the reserve except in accordance with Division 3.

(3) The removal of a trustee under this Part shall divest the trustee so removed of any estate in the lands subject to the trust.

(4) The revocation of the setting apart, dedica­ tion or reservation as to the whole or a part of a reserve divests the trustees of any estate in the whole or that part of the reserve, as the case may be.

37Y. The trustees of a reserve—

(a)	may, with the approval of the Minister, purchase or take a lease of any lands (whether or not adjoining the reserve) required by them for use in connection with the reserve;
(b)	may expend trust moneys in using or improving any lands purchased by them or of which they have taken a lease under and in accordance with paragraph (a), or, before the commencement of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974, under and in accordance with paragraph (a) of section 8A of the Public
Parks Act, 1912; and
(c)	may, with the approval of the Minister and the consent of the owner, expend trust moneys for or in connection with the improvement of any lands, where in their opinion that expenditure is desirable to provide or improve access to the reserve, or to provide or improve facilities or amenities for persons visiting the reserve.

37z.

37z. (1) The number ascertained by dividing the total number of trustees of a reserve by two and adding one to the quotient (any fractional remainder being dis­ regarded) shall, unless a greater number is fixed by any by-law having effect in relation to the reserve, be the number of trustees necessary to form a quorum at any meeting of the trustees.

(2) Any duly convened meeting of the trustees at which a quorum is present shall be competent to transact any business of the trustees.

(3) A decision of the majority of the trustees
present at a meeting shall be the decision of the trustees.

(4) This section does not apply to a corpora­ tion appointed under section 37P to be trustee of a reserve.

( 5 ) This section has effect subject to section

37uu.

37AA. (1) A person who is a trustee of a reserve may

have a pecuniary interest, direct or indirect, in a contract
or proposed contract with the trustees of the reserve.

(2) Where a person who is a trustee of a reserve has a pecuniary interest, direct or indirect, in a contract or proposed contract with the trustees of the reserve and he is present at a meeting of the trustees at which the contract or proposed contract is the subject

practicable after the commencement thereof, disclose his	of consideration, he shall at the meeting, as soon as
interest, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract.
(3) Subject to subsection (4) , where it has been disclosed to the trustees of a reserve, or they have reason to believe, that one of the trustees has or may

have

have a pecuniary interest, direct or indirect, in a proposed contract with the trustees, the trustees shall not enter into that contract unless—

(a) the trustees have caused to be published in a newspaper circulating in the district in which the reserve is situated a notice—

(i)   setting out the nature of work or services to be performed, or goods to be supplied, or both, as the case may be, under the contract; and

(ii)   inviting persons willing to perform the work or services, or supply the goods, or both, as the case may be, to submit tenders to the trustees on or before a date and time specified in the notice (being not earlier than twenty-one days after the publication of the notice) to the trustees at an address specified in the notice; and

(b) the trustees are satisfied, after considering all the tenders submitted in accordance with the notice, that, having regard to all the circum­ stances, none of the tenders is more advantageous than that submitted in relation to that contract.

(4) Nothing in subsection (3) applies in the

case of an emergency.

(5) For the purposes of this section, a person

shall be treated as having an indirect pecuniary interest

in a contract or proposed contract if—

(a)	he or any nominee of his is a member of a com­ pany or other body with which the contract is made or is proposed to be made; or
(b)	he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made,

but

but a member of a company or other body shall not, by reason only of his membership, be treated as being so interested if he has no beneficial interest in any shares of that company or other body.

(6) Where a trustee has an indirect pecuniary interest in a contract or proposed contract and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed one thousand dollars or one- hundredth of the total nominal value of the issued share capital of the company or other body, whichever is the lesser, so much of subsection (2) as prohibits him from taking part in the consideration or discussion of, or from voting on any question with respect to, the contract or proposed contract shall not apply to him, without preju­ dice, however, to the duty of disclosure imposed by that subsection.

(7) Where the share capital of the company or other body referred to in subsection (6) is of more than one class, subsection (6) shall not apply if the total nominal value of all the shares of any one class in which the trustee so referred to has a beneficial interest exceeds one-hundredth part of the total issued share capital of that class of the company or other body.

(8) In the case of a married man and his wife

who are living together, the interest of one spouse shall,

if known to the other, be deemed for the purposes of
this section to be also an interest of the other spouse.

(9) A general notice given in writing by a trustee of a reserve to each of the other trustees, or to the secretary of the trustees (if any), to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person,

shall.

shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract or proposed contract relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

(10) The trustees of a reserve shall cause to be recorded in a book to be kept for the purpose particulars of any disclosure made under subsection (2), and of any notice given under subsection (9).

(11) If a person fails to comply with the provisions of subsection (2), he shall for each offence be liable to a penalty not exceeding two hundred dollars, unless he proves that he did not know that a contract or proposed contract in which he had a pecuniary interest was the subject of consideration at the meeting.

(12) Where a person is convicted of an offence against this section, he shall be deemed to have vacated his office as trustee of any reserve of which he is, at the time of conviction, holding office as trustee, unless the court by which he is convicted sees fit in the circum­ stances of the case to declare that he shall not by virtue of his conviction be deemed to have vacated his office as such a trustee.

(13) The Minister may, subject to such conditions as he may think fit to impose, remove any disability imposed by subsection (2) in any case in which the number of trustees so disabled at any one time

would be so great a proportion of the whole as to impede	the transaction of business, or in any other case in which
it appears to the Minister that it is in the public interest that the disability should be removed.
(14) The trustees of a reserve may by resolu­ tion provide for the exclusion of a trustee from a meeting of the trustees while any contract or proposed contract in which he has an interest, as referred to in this section, is under consideration.

( 1 5 )

(15) This section does not apply to or in respect of a corporation that is appointed under section

37P to be trustee of a reserve.

(16) In this section, "shares" includes stock,

and "share capital" shall be construed accordingly.

37BB. (1) Where a council is appointed under section 37P to be trustee of a reserve that is a public reserve, the council shall, in relation to the reserve, have, in addition to the powers, authorities, duties and functions conferred or imposed on the council as trustee by or under this Act, the powers, authorities, duties and functions conferred or imposed on councils by or under the Local Government Act, 1919, in relation to public reserves, but the provisions of this Act shall prevail to the extent of any inconsistency.

(2) In subsection (1), "public reserve" has the meaning ascribed thereto in the Local Government Act, 1919.

37cc. (1) The Minister, or any person authorised by him for the purpose, may enter any reserve at any time and may inspect the reserve.

(2) A person who obstructs the Minister or a person authorised by him in the exercise of his power under this section is guilty of an offence and liable to a penalty not exceeding one hundred dollars.

37DD. The trustees of a reserve, or any ranger or other officer appointed by the trustees, may call in the aid of the police for the removal, by force if necessary, of any person who is found committing a breach of any by-law applicable to the reserve, or who by disorderly or insult­ ing conduct on the reserve or on any public place within the meaning of the Summary Offences Act, 1970, causes annoyance or inconvenience to persons on the reserve or going to or coming from the reserve.

37EE.

37EE. ( 1 ) Where all the trustees of a reserve for which a corporation is constituted under section 37Q have vacated their offices as trustees, the Minister may, by notification published in the Gazette, appoint a person to be administrator of the reserve.

(2) The administrator of a reserve appointed under this section shall have the powers, authorities, duties and functions that trustees of the reserve, if appointed, would have in their corporate capacity, and any act, matter or thing done or omitted by the adminis­ trator shall have the same effect as if done or omitted by trustees of the reserve.

(3) Section 344 of the Local Government Act, 1919, does not apply in relation to a reserve in respect of which an administrator is for the time being holding office under this section.

37FF. (1) Where all the trustees (appointed under section 37o) of a reserve, other than a reserve for which a corporation is constituted under section 37Q, have vacated their offices as trustees, the Minister may, by notification published in the Gazette, appoint a person to be administrator of the reserve.

(2) Where a corporation appointed under

section 37P to be trustee of a reserve has vacated its
office as trustee, the Minister may, by notification

published in the Gazette, appoint a person to be
administrator of the reserve.

(3) On the publication in the Gazette of a notification under subsection (1) or (2) in relation to a reserve, the administrator of the reserve is constituted a corporation sole under the name assigned to him under

subsection

subsection (4), and the corporation sole shall be deemed to be appointed sole trustee of the reserve under section

37P.

(4) For the purposes of subsection (3) , the Minister shall, in the notification under subsection (1) or (2) appointing an administrator, assign a corporate name to the administrator.

(5) The Minister may, from time to time, by notification published in the Gazette, assign a new corporate name to a corporation sole constituted under this section and, on the publication in the Gazette of the notification, the corporate name of the corporation sole shall, without affecting the continuity of the corporation, be the name so assigned.

(6) A corporation sole constituted under this section ceases to be the trustee of a reserve and is dissolved—

(a)	upon the appointment of trustees under section 37o or 37P for the reserve; or
(b)	if the Minister, by notification published in the

Gazette, so declares.

(7) A corporation sole constituted under this

section shall have an official seal.
(8) Subsection (I) (paragraph (b) excepted)

and subsection (III) of section 38 of the Interpretation

constituted under this section.	Act, 1897, apply to and in respect of a corporation sole
37GG. (1) The Minister may, by notification published in the Gazette—
(a)	remove from office any person appointed as

administrator under section 37EE or 37FF ; and (b) fill any vacancy in the office of administrator.

(2)

(2) If the Minister so directs, an administrator

holding office under section 37EE or 37FF shall, out of
the Closer Settlement and Public Reserves Fund or out of moneys provided by Parliament, be paid such remuneration, including travelling expenses, as the Minister determines.

(3) The office of administrator under this Division shall not be deemed to be an office of profit under the Crown for the purposes of the Constitution Act, 1902.

37HH. (1) Where lands have ceased to be a reserve, and there were formerly trustees of the reserve, any real or personal property (other than the lands comprising the former reserve, but including lands purchased in connection with the former reserve under section 37Y of this Act or section 8A of the Public Parks Act, 1912) that would, if the lands were a reserve and trustees were holding office in respect thereof, be held by or vested in them in their capacity as trustees and not otherwise, may, unless otherwise lawfully dealt with, be disposed of by the Minister in such manner as he may consider lands so purchased as if they had been acquired unde r appropriate, and for this purpose he may deal with any

the Closer Settlement Acts or as Crown lands.

(2) The Minister shall have power to execute
all conveyances and instruments and do all things neces­
sary for the due exercise of his powers under this section.

(3) Where any property is disposed of under

may give directions as to the disposal of the proceeds	this section by way of sale or otherwise, the Minister
arising therefrom, and the proceeds shall be disposed of in accordance with those directions.
37n. (1) The Governor may make by-laws for or with respect to—•

(a) the care, control and management of any reserve;

(b)

(b)	the regulation of the use and enjoyment of any reserve;
(c)	the regulation of meetings of the trustees (appointed under section 37o) of any reserve and the conduct of business thereat;
(d)	the custody and use of the common seal of a corporation constituted under section 37Q;
(e)	the securing of decency and order upon any reserve;
(f)	the removal of trespassers and other persons causing annoyance or inconvenience upon any reserve;
(g)	the regulation or prevention of the taking of intoxicants on to and the consuming thereof upon any reserve;
(h)	the regulation and control of the taking of animals on to any reserve or the permitting or suffering of animals to be on any reserve;

(i)   the regulation, control or prohibition of parking, camping or residing on any reserve, the making of charges for any such parking, camping or residing, and the collecting and receiving of any such charges;

(j) the preservation or protection of, or prevention of damage to, trees, shrubs, ferns, creepers, vines, palms, plants, flowers, herbage, or other vegetative cover on any reserve;

(k) the protection or removal of all dead timber, logs	and stumps on any reserve, whether standing or
fallen;

(1) the preservation, protection or removal of any rocks, soil, sand, stone or other similar substances on or under or comprising part of any reserve;

(m) the preservation or protection of any animals, birds and any other fauna of any nature what­ soever and whether natural or introduced on any reserve;

(n)

(n)	the making of charges or entrance fees on persons, clubs or associations using or entering upon any reserve or improvements thereon, or any specified part or parts of the reserve or improvements, and the collecting and receiving of any such charges and fees;
(o)	the reservation of any portion of any reserve for such separate or exclusive uses as the by-laws may prescribe;
(p)	the closing of any reserve or parts thereof and the conditions to be observed with regard thereto;
(q)	the regulation, control or prohibition of private trading upon any reserve;
(r)	the appointment and removal of rangers in respect of any reserve and the defining of their powers and duties;
(s)	the prescription of all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) By-laws may be made so as to apply to—

(a)	any specified reserve, or all reserves, or any specified class of reserves;
(b)	all reserves, other than a specified reserve or specified class of reserves; or
(c) any specified class of reserves, other than a specified reserve or specified class of reserves.

(3) By-laws may be made so as to apply differ­ ently according to such factors as may be specified in the by-laws.

(4) A by-law may impose a penalty not exceeding one hundred dollars for any breach thereof.

( 5 )

(5) Any penalty recovered for a breach of a by-law shall, where there are trustees of the reserve in or in relation to which the breach was committed, be paid to those trustees for the purposes of their trust.

(6) By-laws made for or with respect to the matters referred to in paragraph (i) of subsection (1) shall have effect notwithstanding anything contained in section 37x or any other provision of this or any other Act.

(7) Subsection (1) does not apply to the extent to which, under the provisions of any other Act, power is conferred on the trustees of a reserve, or the Governor or the Minister, to make rules, regulations, rules and regulations, by-laws or ordinances for or with respect to any of the matters referred to in that subsection in relation to that reserve.

(8) Section 41 of the Interpretation Act, 1897, applies in respect of a by-law as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

(9) The trustees of a reserve shall cause a copy of any by-laws applicable to the reserve to be posted in some conspicuous place in the reserve.

(10) In this section—

"animals" and "fauna" do not include fish within the meaning of the Fisheries and Oyster Farms Act, 1935;

"reserve" includes any land purchased or leased under

section 37Y of this Act or section 8A of the Public

Parks Act, 1912.

Division

Division 3.

Sale, Lease, etc., of Reserves.

37JJ . (1) Nothing in this Division affects any of the provisions of any Act relating to any particular reserve or the trustees thereof.

(2) Without affecting the generality of this Division, this Division applies to and in respect of a council that is trustee of a reserve.

(3) This Division does not authorise the sale of lands within a state recreation area, except in pursu­ ance of a power of sale referred to in subsection (4)

of section 37MM.

(4) The powers of the trustees of a reserve
and the Minister under this Division are not affected by

anything contained in any grant issued for the reserve.

37KK. (1) Where—

(a)	the trustees of a reserve have passed a resolution that it is desirable to sell, lease or mortgage the reserve or any part thereof upon specified terms or conditions;
(b)	in the case of a reserve comprising lands reserved,
dedicated, granted or held for a showground and the showground is managed by an association, the
resolution has been approved of by a meeting of members of the association;
(c)	the trustees have applied in writing to the Minister for his consent to the proposed sale, lease or mortgage and have furnished a full statement of the facts relating thereto; and

(d)

(d)

in the case of a proposed sale of a reserve or any part thereof—

(i)	the trustees have caused to be published in a newspaper circulating in the locality in which the reserve is situated a notice setting out the date and terms of the resolution referred to in paragraph (a) , the location of the lands proposed to be sold and such other particulars (if any) as are prescribed; and
(ii)	the application was made after the expiration of fourteen days after the date of publication of the notice referred to in subparagraph (i),

the Minister may give his consent in writing either as to the whole or as to part of the lands in respect of which the application was made, or may refuse to grant the application.

(2) In the case of an application for consent to a sale or lease under this Division, the Minister may give his consent either generally by authorising the sale or lease subject to such conditions, restrictions, reserva­ tions and covenants, and in such manner and within such time, as he thinks desirable, or by approving of a particular contract of sale or lease.

(3) In the case of an application for consent
to a mortgage under this Division, the Minister's consent

shall not be given generally, but the terms of the

proposed mortgage shall in each case be submitted to him	for approval.
(4) Without affecting the operation of sub­ sections (2) and (3), the Minister may, in giving his consent under this section—
(a)	vary the terms or conditions referred to in paragraph (a) of subsection ( 1 ) ; or
(b)	impose such terms and conditions as he thinks desirable.

37LL.

37LL. The Minister may, at any time, withdraw,

either wholly or in part, his consent given under section. 37KK, or vary the terms thereof, if he can do so without prejudice to the rights of third parties.

37MM. (1) After obtaining the consent of the Minister under section 37KK, and not otherwise, the trustees of a reserve may sell, lease or mortgage lands within the reserve according to the terms of the consent.

(2) Notwithstanding subsection (1), where

the Minister has given his consent generally under section

37KK to the sale or lease of lands within a reserve, the
lands shall not be sold or leased in pursuance of the consent unless the price agreed upon or rent reserved has been submitted to him and approved of by him.

(3) A mortgage under this Division may

contain a power of sale.

(4) Where lands within a state recreation area are the subject of a mortgage under this Division, a power of sale, whether contained in the mortgage or conferred on the mortgagee by the Conveyancing Act,

1919, shall not be exercised in relation to those lands

until after the expiration of one month after a written notice of intention to do so has been given to the Minister.

(5) For the purposes of subsection (4), a
notice shall be deemed not to have been given to the

Minister if it is given before the power of sale would, but

for that subsection, have become exercisable.

(6) A lease shall not be granted under this Division for any purpose for which an authority, permit, lease or license may be granted under the Fisheries and Oyster Farms Act, 1935.

37NN. (1) In any case in which trustees desire to exercise the powers conferred by this Division, the Minister may appoint a person who shall have power to execute all conveyances and instruments and do all things necessary for the due exercise of those powers.

(2)

(2) The receipt of the person so appointed shall be a sufficient discharge to any purchaser, lessee or mortgagee bona fide paying money in respect of any sale, lease or mortgage under this Division.

(3) Any transfer, mortgage or lease of land under the provisions of the Real Property Act, 1900, signed by the person so appointed, shall have the same effect as if signed by the registered proprietor of the land.

37oo. No purchaser, lessee or mortgagee dealing bona fide with a person appointed under section 37NN shall be prejudiced or affected by any omission or irregularity in respect of any of the matters prescribed by this Division.

37PP. (1) The proceeds of a sale, lease or mortgage under this Division shall be held by the trustees, after payment of costs, expenses and encumbrances, for the general purposes of the trust, and may be invested or applied by them accordingly, but, where the Minister gives any direction as to the application of the proceeds, the proceeds shall be applied in accordance with the direction.

(2) The Minister may direct that any portion of the income or revenue of the trustees shall be set apart for payment of interest on, or gradual extinction of, any mortgage debt, and the portion so set apart shall be invested as the Minister directs.

37QQ. (1) Lands conveyed to any person pursuant

to this Division shall vest in him free from all trusts

whom or on whose behalf they were conveyed.	which affected them in the hands of the persons by	(2) Upon the vesting in a person of any lands conveyed to him pursuant to this Division, any dedica­ tion or reservation is revoked to the extent to which it affects the lands.
(3) Lands within a reserve may be granted in fee simple for the purpose of carrying out or giving effect to any of the provisions of this Division.

(4)

(4) Without affecting the operation of any

other provision of this Act, lands may be granted under

subsection	(3 )—
(a)	subject to such conditions as are imposed by the Minister (which conditions the Minister is here­ by authorised to impose) and as are specified in the grant; or

(b) without any such conditions.

37RR. (1) The trustees of a reserve may—

(a)	without the consent of the Minister, grant temporary licenses for grazing or any other prescribed purpose; or
(b)	with the consent in writing of the Minister, grant temporary licenses for any purpose,

in respect of the whole or any part of the reserve, on such terms and subject to such conditions as, in the case of licenses referred to in paragraph (a), the trustees approve or, in the case of licenses referred to in paragraph (b), the Minister approves.

(2) A license shall not be granted under this section for any purpose for which an authority, permit, lease or license may be granted under the Fisheries and Oyster Farms Act, 1935.

(3) A license granted under paragraph (a)

of subsection (1) shall cease to have effect after it has been in force for a period of two years, but nothing in this subsection affects any right of the trustees—

(a) to revoke a license before the expiration of that period; or

(b) to grant a license for a shorter period.

37ss.

37ss. (1) Subject to subsection (3), section 37TT and section 37BBB, a lease of, or a license in respect of, any lands within a reserve, being a lease or license granted by the trustees, ceases and determines upon the status of the whole or any part of the lands subject to the lease or license being affected.

(2) For the purposes of this section, the status

of any lands within a reserve is affected if and only if—

(a)	in the case of lands dedicated or reserved under the Crown Lands Acts or the Closer Settlement Acts—the dedication or reservation is revoked; or
(b)	in the case of lands set apart for any public purpose (but not dedicated or reserved under the Crown Lands Acts or the Closer Settlement Acts)—

(i)   the lands cease to be set apart (whether by the revocation of the notification, if any, by which the lands were set apart or otherwise); or

(ii)   the lands are dedicated or reserved under this Act or the Closer Settlement Acts.

(3) Where the status of part only of lands the
subject of a lease or license is affected, subsection (1)

does not apply in respect of the lease or license if, before

prising the lands and the lessee or licensee agree that the	the status is so affected, the trustees of the reserve com­
lease or license shall continue in force as if never granted in respect of that part, and upon the status of the lands being so affected, the lease or license shall continue in force accordingly.
(4) No compensation is payable in respect of the determination of a lease or license by virtue of this section.

37TT.

37TT. Where—

(a)	a lease or license has been granted under this Division in respect of a reserve comprising lands dedicated or reserved under the Crown Lands Acts or the Closer Settlement Acts for any public purpose;
(b)	the dedication or reservation is revoked, by or under this Act or the Closer Settlement Acts, as to the whole of the lands in respect of which the lease or license was in force immediately before the revocation (which lands are, in this section, referred to as "the subject lands"); and

(c) the whole of the subject lands—

(i)   is, under subsection (2) of section 24, or subsection (2) of section 28, or sub­ section (2) of section 13 of the Closer Settlement (Amendment) Act, 1914, added to any lands; or

(ii)   becomes, or becomes part of, a state recreation area,

for which trustees hold office under this Part, the lease or license shall, notwithstanding section 37ss or any condition in the lease or license, continue in force as if the dedication or reservation had not been so revoked and shall be deemed to have been granted by those trustees.

Division 4.

Miscellaneous.

37uu. Sections 37o, 37P, 37S and 37z have effect subject to the provisions of any other Act in force at the commencement of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974.

37w.

37vv. (1) The provisions of subsections (2) and (3) have effect in relation to a reserve—

(a) upon the publication of a notification under section 37o or 37P appointing a trustee or trustees of the reserve (other than a reserve in respect of which a corporation is constituted under section 37Q), or upon the publication of a notification under subsection (1) of section 37Q declaring that the trustees of the reserve, and their successors in office, shall be a corporation and so have effect as if in those provisions—

(i) "the operative time" meant the

publication of the notification;

(ii)   "the prior time" meant the time immediately before that publication or, if the trustee or trustees of the reserve last holding office before that publication has or have vacated office before that publication, the time when he or they so vacated office;

(iii)   "the former controllers" meant the trustee or trustees of the reserve last holding office before that publication; and

(iv)   "the present controllers" meant, if the notification was published under section 37o or 37P, the trustee or trustees hold­ ing office upon that publication or, if the notification was published under

subsection (1) of section 37Q, the
corporation;
(b)	upon an individual vacating his office as trustee of the reserve (other than a reserve in respect of which a corporation is constituted under section 37Q), and so have effect as if in those provisions—

(i)   "the operative time" meant the time when he so vacated his office;

(ii)

(ii)   "the prior time" meant the time immedi- ately before he so vacated his office;

(iii)   "the former controllers" meant the trustee or trustees of the reserve last holding office immediately before he so vacated his office; and

(iv)   "the present controllers" meant the trustee or trustees of the reserve holding office immediately after he so vacated office;

(c) upon the publication of a notification under sub­ section (2) of section 24 or subsection (2) of section 28, or the publication of a notice under subsection (2) of section 13 of the Closer Settle­ ment (Amendment) Act, 1914, that operates so as to add the whole of the reserve to another reserve, and so have effect as if in those provisions—

(i)   "the operative time" meant the time when a trustee or trustees of the other reserve first holds or hold office at or after the publication of the notification or notice;

(ii)   "the prior time" meant the time immedi­ ately before that publication or, if the trustee or trustees of the added reserve last holding office before that publication

vacated office;

has or have vacated office before that publication, the time when he or they so

(iii)   "the former controllers" meant the trustee or trustees of the added reserve last holding office before that publication; and

(iv)   "the present controllers" meant the trustee or trustees first holding office at

or after that publication; (d)

(d) upon the publication of a notification under subsection (1) or (2) of section 37B that operates so as to reserve the whole of the reserve as part of a state recreation area, and so have effect as if in those provisions—

(i) "the operative time" meant the

publication of the notification;

(ii)   "the prior time" meant the time immediately before that publication or, if the trustee or trustees of the reserve last holding office before that publication has or have vacated office before that publica­ tion, the time when he or they so vacated office;

(iii)   "the former controllers" meant the trustee or trustees of the reserve last holding office before that publication; and

(iv)   "the present controllers" meant, if there is a trustee or are trustees of the state recreation area upon that publication, the trustee or trustees or, if there are no such trustees, the Minister;

(e)	upon the publication of a notification under section 37o or 37P appointing a trustee or trustees of a state recreation area the care, control and management of which the Minister was, until that publication, charged with under subsection (8) of section 37B, and so have effect
as if in those provisions—

(i) "the operative time" meant the

publication of the notification;

(ii)   "the prior time" meant the time immediately before that publication;

(iii)   "the former controllers" meant the Minister; and

(iv)   "the present controllers" meant the trustee or trusees; or

(f)

(f) subject to subsection (7) of section 37AAA, upon the taking effect of a notification under section 37AAA vesting the whole of the lands within a reserve in a council, and so have effect as if in those provisions—

(i)   "the operative time" meant the date on which the notification took effect;

(ii)   "the prior time" meant the time immedi­ ately before that date or, if the trustee or trustees of the reserve, last holding office before that date has or have vacated office before that date, the time when he or they so vacated office;

(iii)  "the former controllers" meant the trustee or trustees of the reserve last holding office before that date;

(iv)   "the present controllers" meant the council; and

(v)   "the reserve" meant the lands the subject of the notification and comprised in the reserve immediately before that date.

(2) Where this subsection has effect in relation to a reserve in accordance with subsection (1), then, as from the operative time—•

(a)	the property of the former controllers relating to the care, control and management of the reserve, including all moneys, books of account, registers,	records and all documents and things relating to,	or connected with, the operation of the reserve,
shall become the property of the present con­ trollers and any land previously purchased with the approval of the Minister in pursuance of section 8A of the Public Parks Act, 1912, or section 37Y, that at the prior time was vested in or belonged to the former controllers shall vest in and belong to the present controllers;

P 57337—17 (b)

(b)	all moneys and liquidated and unliquidated claims that, at the prior time, were payable to or recoverable by the former controllers in connec­ tion with the care, control and management of the reserve shall be moneys and liquidated and unliquidated claims payable to or recoverable by the present controllers;
(c)	all proceedings pending at the prior time at the suit of the former controllers, in connection with the care, control and management of the reserve, shall be deemed to be proceedings pending at the suit of the present controllers and all proceedings so pending at the suit of any person against the former controllers shall be deemed to be proceed­ ings pending at the suit of that person against the present controllers;
(d)	all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the former controllers, in connection with the care, control and manage­ ment of the reserve, and in force at the prior time shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the present controllers;
(e)	the present controllers may, in connection with the care, control and management of the reserve, in addition to pursuing any other remedies or exercising any other powers that may be available
to them, pursue the same remedies for the
recovery of moneys and claims referred to in this subsection and for the prosecution of proceedings so referred to as the former controllers might have done had the circumstances not arisen by reason of which the provisions of this subsection have effect in accordance with subsection ( 1 ) ;
(f)	the present controllers may enforce and realise any security or charge existing at the prior time in favour of the former controllers in connection

with

with the care, control and management of the reserve, and may exercise any powers thereby conferred on the former controllers as if the security or charge were a security or charge in favour of the present controllers;

(g)	all debts, moneys and claims, liquidated and unliquidated, that, at the prior time, were due or payable by, or recoverable against, the former controllers in connection with the care, control and management of the reserve shall be debts due, moneys payable by and claims recoverable against, the present controllers;
(h)	all liquidated and unliquidated claims in con­ nection with the care, control and management of the reserve for which the former controllers would, had the circumstances not arisen by reason of which the provisions of this subsection have effect in accordance with subsection (1), have been liable shall be liquidated and unliquidated claims for which the present controllers shall be liable; and

(i)   all acts, matters and things done or omitted by, or done or suffered in relation to, the former con­ trollers of the reserve, being acts, matters and things not referred to in the foregoing provi­ sions of this subsection, shall have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the present controllers of the reserve.

(3) No attornment to the present controllers

of a reserve by a lessee from the former controllers of
the reserve shall be required.

(4) The provisions of subsection (2) have effect so as not to affect, or affect the consequences of, the operation of any law or any act, matter or thing lawfully done or omitted between the prior time (within the meaning of any of the paragraphs of subsection (1) )

and

and the operative time (within the meaning of the same paragraph) in relation to any circumstances in which subsection (2) has effect.

(5) Where part only of a reserve is added to another reserve by a notification published under sub­ section (2) of section 24, subsection (2) of section 28, or section 37B, or by notice published under subsection (2) of section 13 of the Closer Settlement (Amendment) Act, 1914, the trustees of the remaining part of the firstmentioned reserve and the trustees of that other reserve shall, as soon as practicable after publication of the notification or notice, arrange and agree upon a division of the assets, debts and liabilities of the trustees of that remaining part, so that the assets, debts and liabilities appropriate to that remaining part and the added part may be determined, and—

(a)	if any difference arises between the trustees of that remaining part and the trustees of that other reserve, the difference shall be determined in such manner as the Minister directs; or
(b)	if there are no trustees of that remaining part, or there are no trustees of that other reserve, for the time being, the assets, debts and liabilities appropriate to that remaining part and that added part shall be determined in accordance with any
directions of the Minister.

(6) For the purposes of subsection (5), where a notification published under section 37B operates so as to reserve part only of a reserve as part of a state recreation area, the part so reserved shall be deemed to be added to the state recreation area.

(7)

(7) Where a notification under section 37AAA operates so as to vest part only of a reserve in a council, the trustees of the remaining part of the reserve and the council shall, as soon as practicable after the notification takes effect, arrange and agree upon a division of the assets, debts and liabilities of the trustees of that remain­ ing part, so that the assets, debts and liabilities appropri­ ate to that remaining part and the part vested in the council may be determined, and—

(a)	if any difference arises between the trustees and the council, the difference shall be determined in such manner as the Minister directs; or
(b)	if there are no trustees of that remaining part for the time being, the assets, debts and liabilities appropriate to that remaining part and the part vested in the council shall be determined in accordance with any directions of the Minister.

(8) Where, but for this section, a trustee or former trustee of a reserve would be personally liable for a breach of trust or for any other act or omission in relation to which he would have no right of indemnity from any of the funds of the trustees of the reserve, nothing in this section takes away his liability therefor nor imposes that liability on any other person.

3 7ww. Where—•

(a) a person was appointed or purported to be appointed, under the Public Trusts Act, 1897, as trustee of any lands set apart, dedicated or reserved (temporarily or otherwise) for any public purpose and was holding or purporting to hold office immediately before the commence­ ment of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974;

(b) the lands are a reserve; and

(c)

(c) a document (other than an Act) or notice issued, made or published before that commencement contains provisions relating to the appointment of trustees of the lands,

the provisions of Division 2 have effect to the exclusion of anything contained in the provisions referred to in paragraph (c).

37xx. (1) This section applies to lands that are declared by the Minister, by order published in the Gazette, to be lands to which this section applies, being lands—

(a) that are set apart, reserved, dedicated, granted or held for a public park or for any other public purpose;

(b) for which—

(i) by or under any Act enacted before the commencement of the Crown Lands and Other Acts (Reserves) Amendment Act, 1974 (other than this Act, the Public Trusts Act, 1897, the Public Parks Act, 1912, and section 26 of this Act as applied by Regulation 64 under the Closer Settlement Acts) ; or

(ii)   by any document (other than an Act) or notice issued, made or published before that commencement, and creating or authorising the creation of the trust,

trustees may be or are required to be appointed;

and

(c) that are not, or are not part of, a reserve.

(2) Subject to subsection (3), the provisions of sections 37o, 37P, 37S and 37T apply to and in res­ pect of any lands to which this section applies and the trustees thereof in the same way as they apply to and in respect of a reserve and the trustees thereof.

(3)

(3) The Minister may, by an order under subsection (1) or another order published in the Gazette, direct that subsection (2) shall not operate in relation to any specified lands or specified class of lands to the extent specified in the order, and the direction has effect according to its tenor.

(4) A declaration under subsection (1) may
apply to any specified lands or specified class of lands.

(5) Subject to subsection (3), subsection (2) has effect in relation to any lands notwithstanding anything contained in the Act by or under which, or in the document or notice by which, trustees may be or are required to be appointed for the lands.

37YY. (1) This section applies to lands that are declared by the Minister, by order published in the Gazette, to be lands to which this section applies, being lands—

(a) that are—

(i)   reserved, dedicated, granted or held for a showground; or

(ii)   set apart, dedicated, reserved, granted or held for any public purpose under any Act;

(b) of which there are trustees, whether or not appointed under an Act; and

(c) that are not, or are not part of, a reserve.

(2) Subject to subsection (3), the provisions

of Division 3 (sections 37RR, 37ss and 37TT excepted) apply to and in respect of any lands to which this sec­ tion applies and the trustees thereof in the same way as they apply to and in respect of a reserve and the trustees thereof.

(3) The Minister may, by an order under
subsection (1) or another order published in the

Gazette, direct that subsection (2) shall not operate in

relation

relation to any specified lands or specified class of lands to the extent specified in the order, and the direction has effect according to its tenor.

(4) A declaration under subsection (1) may

apply to any specified lands or specified class of lands.

(5) Nothing in Division 3, as applied by this section, affects any powers that the trustees of any lands to which this section applies would have to sell, lease or mortgage those lands had this section not been enacted.

PART IIIC.

VESTING OF CERTAIN LANDS IN COUNCILS.

37zz. In this Part, except in so far as the context or subject-matter otherwise indicates or requires—-

"area" has the meaning ascribed thereto in the Local Government Act, 1919;

"council" has the meaning ascribed thereto in the Local Government Act, 1919;
"prescribed lands" means—

(a) lands within a reserve; or

(b) Crown lands not within a reserve,

but does not include—

(c) any lands within a national park, state park, historic site, aboriginal area or

protected archaeological area within the

meaning of the National Parks and
Wildlife Act, 1967;

(d)	any lands dedicated as a nature reserve, or declared to be a wildlife refuge or game reserve, under the Fauna Protection Act, 1948;
(e)	any lands in respect of which any Act (other than this Act or the Closer Settle­ ment Acts) provides that the lands shall

be

be used for a purpose referred to in the Act or shall not be used for any purpose other than that referred to in the Act; or

(f) any lands within a state recreation area;

"reserve" has the meaning ascribed thereto in Part

I I IB .

37AAA. (1) Subject to this section, the Minister may, by notification published in the Gazette, at his discretion, vest any prescribed lands described in the notification in a council specified in the notification for an estate in fee simple, where the Minister is of the opinion that—

(a) the lands—

(i)   are a public reserve within the meaning of the Local Government Act, 1919, or are suitable for use as such a public reserve; or

(ii)   are used for any other purpose for which lands may be acquired by a council under the Local Government Act, 1919, or are suitable for use for any such other purpose; and

(b) it is proper that, having regard to the purpose (if any) for which the lands are used, the lands should be vested in the council.

(2) Lands shall not be vested under this
section in a council—

(a) without the concurrence of the council; and
(b)	unless the lands are wholly within the area of the council.

(3) Where the area of lands described in a notification under subsection (1) is not affected by a Crown grant or certificate of title, that area may be limited to the surface only of the lands, or to the surface thereof and to such depth below the surface as the Minister may specify therein.

(4)

(4) A notification by which a vesting of lands under this section is effected shall, where those lands are not affected by a Crown grant or certificate of title, contain a reservation of all minerals in the lands and shall contain such other reservations and exceptions as the Minister deems expedient in the public interest.

(5) A vesting of lands under this section takes effect subject to the reservations and exceptions contained in the notification by which the vesting is effected or contained in any Crown grant or certificate of title affecting the lands immediately before the notification takes effect.

(6) The Minister may, in a notification under subsection (1) , declare the lands described there­ in to be a public reserve for the purposes of the Local Government Act, 1919.

(7) Where—

(a)	the whole of the lands comprised in a reserve are vested in a council under this section;
(b)	there were trustees holding office before the notifi­ cation by which the vesting was effected took effect; and
(c)	the Minister and the council agreed, before the notification took effect, to modify the operation of subsection (2) of section 3 7 w in relation to the vesting, so that it is agreed that any assets, debts and liabilities specified or des­
cribed in the agreement that would, but for this
subsection, be transferred to or vested in the council should not be so transferred or vested,

the provisions of subsection (2) of section 37vv shall, in relation to the vesting, have effect as modified in accordance with the agreement.

(8) A notification published under subsec­ tion (1) shall take effect on and from the date of publi­ cation or a later date specified in the notification.

3 7 B B B .

37BBB. (1 ) Upon a notification under section 37AAA

taking effect in relation to any lands—

(a)	the lands shall be deemed to have been acquired under the Local Government Act, 1919, by the council specified in the notification, but nothing in this paragraph affects the operation of sub­ section (2) or (5 ) of section 518 of that Act;
(b)	any dedication, reservation, notification of a special area under section 59 or notification of a classified area is revoked to the extent to which it affects the lands;
(c)	every provision for forfeiture or reverter in res­ pect of any breach or non-performance of any condition, trust or proviso contained in any Crown grant shall be deemed to have been released by the Crown to the extent to which the grant affects the lands;
(d)	where a trustee of all or any part of the lands was holding office immediately before the noti­ fication took effect, the trustee shall cease to hold that office in respect of those lands or that part, as the case may be ; and
(e)	any by-laws that, immediately before the notifica­ tion took effect, applied to all or any of the lands
shall cease to apply to the lands.

(2) For the purposes of section 43 of the Interpretation Act, 1897, any by-laws that cease to apply to any lands by virtue of subsection (1) shall, in so far as they applied to those lands, be deemed to have been repealed.

(3)

(3) Where section 37vv, in its operation in

relation to a lease of, or a license in respect of, lands

vested in a council under section 37AAA, has the effect

of deeming the lease or license to be granted by the council, the lease or license shall, notwithstanding section 37ss or any condition in the lease or license, continue in force and shall, notwithstanding any Act or other law to the contrary, be deemed to have been granted—

(a) where the council granted the lease or license in its capacity as trustee of the reserve—by the council otherwise than in that capacity; or

(b) in any other case—by the council.

( 4 ) The revocation of a dedication or reser­ vation in respect of any lands under subsection ( 1 ) does not effect a revocation of a Crown grant or certificate of title issued in respect of those lands.

8. The Principal Act is further amended—

(a) (i) by omitting from section 25 the words "both Houses of Parliament within one month after

the publication thereof in the Gazette if Parlia­ment be then in session, or otherwise within

one month after the commencement of the next

ensuing session. If Parliament shall within one month declare by resolution that it does not assent to the proposals set forth in such notice, no further action shall be taken in the matter. If no such resolution be passed, then after the expiration of thirty clear days after the date

when

when the notice was laid before Parliament," and by inserting instead the words "each House of Parliament within the prescribed time after publication thereof. Where a House of Parlia­ ment passes a resolution of which notice has been given within fifteen sitting days of that House after a copy of the notice so published has been laid before it under this section, whether or not those sitting days occur during the same session, and the resolution disallows the proposals set forth in the notice, no further action shall be taken in the matter. If no such resolution is passed,";

(ii)   by inserting at the end of the same section the following new paragraph :—

In this section, "prescribed time", in relation to a House of Parliament, means fourteen sitting days of that House, whether or not they occur during the same session.

(b)	(i)	by omitting from section 25A the words "to reserve from sale or lease generally any land which before or after the commencement of the Crown Lands (Amendment) Act, 1957," and by inserting instead the words "for the Minister in respect of any land that before or after the commencement of the Crown Lands and Other Acts (Reserves) Amendment Act,
1974,";
(ii)	by omitting from section 25A (b) the words "the Water Conservation and Irrigation Com­ mission" and by inserting instead the words "a public authority";
(iii)	by omitting from section 25A (b) the words "the said Commission" and by inserting instead the words "a public authority";

(iv)

(iv)   by omitting from section 25A the words "and upon revocation of any such reservation," and by inserting instead the words "by notification published in the Gazette to declare that";

(v)   by inserting in section 25A after the words "this Act" the words ", and upon the publication of the notification in the Gazette the land may be so dealt with";

(vi)   by inserting at the end of section 25A the following new subsections :—

(2) The area of land described in a notifi­ cation under subsection (1) may be limited to the surface only of the land, or to the surface thereof and to such depth below the surface as the Minister may specify therein.

(3 ) A declaration shall not be made under subsection (1) in respect of land vested in or acquired by or on behalf of a public authority without the consent of that public authority.

(4 ) In this section, "public authority" means The Water Conservation and Irrigation Commission or any public body declared by the Minister by order published in the Gazette to be a public authority for the purposes of this section.

9. The Closer Settlement (Amendment) Act, 1914, is

amended by inserting at the end of section 13 the following
new subsections :—

(2) The Minister by notice published in the Gazette may declare that lands acquired under the Closer Settle­ ment Acts or within a settlement purchase area or Crown lands shall be added to any lands reserved or dedicated

under subsection ( 1 ) .

(3)

Upon the publication of a notice under subsection ( 2 ) , the lands to which the notice relates shall be added to the lands reserved or dedicated under subsection ( 1 ) , as specified in the notice, shall form part of the reserved or dedicated lands and may at any time be granted for the same purpose in fee simple and shall be subject to the like reservation or dedication and the like trusts as the reserved or dedicated lands, any rules and regulations or by-laws applicable to the reserved or dedicated lands shall be applicable to the added lands and any trustees of the reserved or dedicated lands shall be deemed to be appointed trustees of the added lands under the provisions of the Act whereby they were appointed trustees of the reserved or dedicated lands.

(3 )

(4 ) Subsection (3) of section 24 of the Crown Lands Consolidation Act, 1913, applies to and in respect of a notice under subsection (1) or (2 ) of this section in the same way as it applies to and in respect of a notification under subsection (1) or (2) of section 24 of that Act.

(5 ) Without affecting the operation of any other provision of the Closer Settlement Acts, lands may be granted under this section—

(a) subject to such conditions as are imposed by the Minister (which conditions the Minister is hereby authorised to impose) and as are specified in the grant; or

(b) without any such conditions.

10. The Local Government Act, 1919, is amended—

(a) by inserting in the definition of "Public reserve" in section 4 after the words "of this Act," where secondly occurring the words "any land vested in the council, and declared to be a public reserve, under section 37AAA of the Crown Lands Consolidation Act, 1913,";

(b )

(b) by inserting at the end of section 343 the following new subsection :—

(2 ) Notwithstanding anything in this Part, but subject to section 37BB of the Crown Lands Consolidation Act, 1913, where, under Part I I I B of that Act, a council holds office as trustee of a public reserve that is wholly or partly outside the area of the council, the powers and duties conferred and imposed upon the council under this Part (other than sections 344 and 345) shall apply in relation to the reserve as if the reserve were wholly within that area.

(c) by inserting at the end of section 518 the following new subsection: —

(5 ) Any land, other than a public reserve, vested in the council under section 37AAA of the Crown Lands Consolidation Act, 1913, shall not be sold or exchanged except with the approval of the Minister given before the sale or exchange takes place.

11.       (1) The Mining Act, 1906, is amended—

(a) by inserting next after section 28 (2) the following new subsection :—

(3) The consent of the Minister under paragraph (a ) of subsection (1) shall not be granted in respect of lands within a state recreation area under the Crown Lands Consolidation Act, 1913, without the concurrence in writing of—•
(a)	where the lands are not within an irrigation area within the meaning of that Act—the Minister for Lands; or

(b)

(b) where the lands are within such an irrigation area—the Minister for the time being administering the Irrigation Act, 1912.

(b) by inserting next after section 83D (2) the following new subsection :—

(3) The Minister shall not grant his consent under this section in respect of lands within a state recreation area under the Crown Lands Consolida­ tion Act, 1913, without the concurrence in writing of—

(a)	where the lands are not within an irrigation area within the meaning of that Act—the Minister for Lands; or
(b)	where the lands are within such an irrigation area—the Minister for the time being administering the Irrigation Act, 1912.

(2) The Petroleum Act, 1955, is amended by insert­
ing next after section 46 (2) the following new subsection :—

(3) The Minister shall not grant his consent under this section in respect of lands within a state recreation area under the Crown Lands Consolidation Act, 1913, without the concurrence in writing of—-

(a)	where the lands are not within an irrigation area within the meaning of that Act—the Minister for Lands; or
(b) where the lands are within such an irrigation area —the Minister for the time being administering

the Irrigation Act, 1912.

(3) The Mining Act, 1973, is amended by inserting

next after section 86 (4) the following new subsection :—

(5) In the case of lands within a state recreation area

under the Crown Lands Consolidation Act, 1913, the

Minister

Minister shall not give his consent under subsection (3) without the approval of—

(a)	where the lands are not within an irrigation area within the meaning of that Act—the Minister for Lands; or
(b)	where the lands are within such an irrigation area —the Minister for the time being administering the Irrigation Act, 1912.

(4) The amendment made by subsection (3) to the

Mining Act, 1973, shall take effect—

(a)	on and from the commencement of this Act or the commencement of section 86 of the Mining Act, 1973, whichever is the later; or
(b)	if this Act and that section commence on the same day—on and from that day.

(5) On a day to be appointed by the Governor for the purposes of this subsection and notified by proclamation published in the Gazette, subsection (1) is repealed.

12. The Closer Settlement and Public Reserves Fund Act,

1970, is amended—

(a) (i) by inserting in the definition of "Public	reserve" in section 3 after the word "means"
the words "reserve within the meaning of Part
I I I B of the Crown Lands Consolidation Act,
1913, and includes any other";
(ii)	by omitting from the definition of "Public reserve" in section 3 the words "and includes land to which the provisions of the Public Parks Act, 1912, apply";

(b)

(b) by inserting next after section 5 (g) the following new paragraph :—

(g1) any moneys directed by the Minister to be paid into the Closer Settlement and Public Reserves Fund out of the proceeds of the disposal of property under section 37HH of the Crown Lands Consolidation Act, 1913 ;

(c) by inserting next after section 6 (3) (d) the following new paragraphs :—

( d l ) the remuneration, including travelling expenses, of an administrator appointed under Part I I I B of the Crown Lands Consolidation Act, 1913;

(d2) any costs incurred in disposing of property under section 37HH of the Crown Lands Consolidation Act, 1913, and any moneys paid into the Closer Settlement and Public Reserves Fund under paragraph (g1) of section 5 pending payment out of the Fund in accordance with directions of the Minister under section 37HH of that Act.

13.       (1) The Sydney Sports Ground and Sydney Cricket

Ground Amalgamation Act, 1951, is amended—

(a)	by omitting from section 2 (3) (b) the words "section twenty-six" and by inserting instead the words "subsection (5) of section 37o" ;
(b)	by omitting from section 2 (3) (b) the words "wherever occurring";
( c )	by omitting section 2 (3 ) ( c ) .

(2 )

(2 ) The Sydney Sports Ground and Sydney Cricket

Ground	Amalgamation	(Amendment)	Act,	1959,	is
amended—

(a)	in section 2 (1) (a) by omitting from subsection (4) (b) contained therein the words "section twenty-six" and by inserting instead the words "subsection (5) of section 37o" ;
(b)	in section 2 (1) (a) by omitting from subsection (4) (b) contained therein the words "wherever occurring";
(c)	in section 2 (1) (a) by omitting subsection (4) (c) contained therein;
(d)	in section 2 (1) (a) by omitting from subsection (4) (d) contained therein the words "section twenty-six of" and by inserting instead the words
"section 37o o f .

(3) The Newcastle International Sports Centre Act,

1967, is amended—

(a)	(i)	by omitting from section 3 the words "Section twenty-six" and by inserting instead the words "Subsection (5) of section 3 7 o " ;
(ii)	by omitting from section 3 the words "wherever occurring";

(b) by omitting section 4 ;

(c) ( i) by omitting from section 8 (1) the words	"Subsection two of section twenty-six" and by inserting instead the words "Subsection (1) of
section 37n" ;

(ii) by omitting from section 8 (2) the words "Rules and regulations made (whether before or after the commencement of this Act) under section twenty-six of the Crown Lands Consolidation Act, 1913, or any Act amending

or

or replacing that Act," and by inserting instead the words "By-laws made under section 37II of the Crown Lands Consolidation Act, 1913, including by-laws deemed to have been made under that section,".

(4) The Aborigines Act, 1969, is amended—

(a)	by omitting from section 14 (1) (a) the words "two of the Public Trusts Act, 1897," and by inserting instead the words "37P of the Crown Lands Consolidation Act, 1913,";
(b)	by omitting section 14 (2) and (3) and by inserting instead the following subsections : —

(2) Section 37T of the Crown Lands

Consolidation Act, 1913, does not apply to or in respect of the corporation.

(3) The powers conferred on the Governor by subsection (1) of section 37n of the Crown Lands Consolidation Act, 1913, shall, in relation to a reserve of which the corporation is trustee by virtue

of subsection ( 1 ) —

(a)	be deemed not to include powers exercisable
by virtue of paragraphs ( c ) , ( d ) , ( e ) , ( f ) ,
(g ) , ( n ) , ( p ) , ( r ) and (s) of that

subsection; and

(b)	not be exercised except with the concurrence
of the Minister administering this section. P A R T III.

SAVINGS AND MISCELLANEOUS PROVISIONS.

14. In this Part—

"Part I I IB" means Part I I I B of the Principal Act, as amended by this Act;

"the

"the repealed enactments" means the Public Trusts Act, 1897, the Public Parks Act, 1912, and section 26 of the Principal Act, and includes that section as applied by Regulation 64 under the Closer Settlement Acts.

15. (1 ) An individual appointed or deemed to be appointed under any of the repealed enactments and holding office immediately before the commencement of this Act as trustee of any lands shall be deemed to have been appointed under section 37o of the Principal Act, as amended by this Act, to be trustee of those lands.

(2) An individual appointed or deemed to be appointed under any of the repealed enactments and holding office immediately before the commencement of this Act as trustee of any lands by virtue of his holding any office or position shall be deemed to have been appointed under section 37o of the Principal Act, as amended by this Act, to be trustee of those lands by virtue of his holding that office or position.

(3) A corporation appointed or deemed to be appointed under any of the repealed enactments and holding office immediately before the commencement of this Act as trustee of any lands shall be deemed to have been appointed under section 37P of the Principal Act, as amended by this

Act, to be trustee of those lands. (4) Where—

(a)	by reason of the operation of subsection (1) or (2) a person is deemed to have been appointed under section 37o of the Principal Act, as amended by this Act, to be trustee of any lands; and
(b)	another person is. immediately before the commencement of this Act, also holding office as

trustee

trustee of those lands by virtue of his being:
appointed under a document (other than an Act)
or notice issued, made or published before that

commencement,

that other person shall be deemed to have been appointed
under that section to be a trustee of those lands.

(5) Where a body corporate (in this subsection referred to as "the existing body corporate") constituted and incorporated, or deemed to have been constituted and incor­ porated, under the Public Parks Act, 1912, was in existence immediately before the commencement of this Act—

(a) the existing body corporate shall be deemed to be a corporation (in this subsection referred to as "the continued corporation") constituted under section

37Q of the Principal Act, as amended by this Act;

(b)	the corporate name of the existing body corporate shall be deemed to have been assigned to the continued corporation under that section; and
(c)	the existing body corporate and the continued corporation shall be deemed to be the same corporate person.

16. (1 ) Any rules and regulations or by-laws made under

any of the repealed enactments, and in force immediately before the commencement of this Act, shall, to the extent to which they are not inconsistent with the Principal Act, as

Partll lB.	amended by this Act, be deemed to be by-laws made under
(2 ) A reference (however expressed) in any Act enacted before the commencement of this Act, other than this Act, or in any instrument under an Act issued, made or published before that commencement, to rules and regulations or by-laws made under any of the repealed enactments shall be construed as a reference to by-laws made under Part I I I B .

17. (1 ) Where—

(a)	a lease or license granted in pursuance of any powers referred to in section 3 of the Public Trusts Act, 1897;
(b)	a lease or license granted under section 8 of the Public Parks Act, 1912; or
(c)	a lease granted under section 26 of the Principal Act or that section as applied by Regulation 6 4 under the Closer Settlement Acts,

was in force immediately before the commencement of this Act, the lease or license shall be deemed to have been granted under Part M B .

(2 ) Any vesting of lands in trustees under section 3 of the Public Trusts Act, 1897, is rescinded, and the trustees are divested of any estate or interest in the lands arising by reason only of the vesting, but nothing in this subsection affects the validity of a lease or license that was granted in pursuance of any powers referred to in that section and that was in force immediately before the commencement of this Act.

(3 ) A lease taken under section 8A ( a ) of the Public

Parks Act, 1912, and in force immediately before the commencement of this Act, shall be deemed to have been taken under section 37Y (a ) of the Principal Act, as amended by this Act.

(4 ) An approval or consent given for the purposes

of section 8A of the Public Parks Act, 1912, before the commencement of this Act shall, to the extent to which it had force and effect immediately before that commencement, be deemed to have been given for the purposes of section 37Y of the Principal Act, as amended by this Act.

(5 ) Section 37RR (3) of the Principal Act, as amended by this Act, does not apply to or in respect of a license referred to in subsection ( 1 ) .

18. Where a copy of a notice setting forth proposals (within the meaning of section 25 of the Principal Act) in relation to any land has been laid before a House of Parlia­ ment before the commencement of this Act, that section, as in force immediately before that commencement, shall con­ tinue to apply to and in respect of that land as if section 8 (a) had not been enacted.

19. Where land was reserved under section 25A of the Principal Act and the reservation had not been revoked before the commencement of this Act, that section, as in force immediately before that commencement, shall continue to apply to and in respect of that land as if section 8 (b) had not been enacted.

20. (1 ) Where a special resolution has, before the commencement of this Act, been passed under section 3 of the Trustees of Show-grounds Enabling Act, 1909, in respect of any lands (within the meaning of that Act) or part thereof, the provisions of that Act shall, in connection only with any act, matter or thing done or to be done or that may be done in consequence of that resolution, continue to apply to and in respect of those lands or that part as if this Act had not been enacted, but where the Minister's consent has not been given before that commencement to a mortgage the subject of the resolution, that Act shall be deemed to be amended by omitting section 7 ( 3 ) and by inserting instead the subsection set out in subsection (3) of this section.

(2) Where a special resolution has, before the com­

mencement of this Act, been passed under section 5 of the Trustees of Public Reserves Enabling Act, 1924, in respect of any public reserve (within the meaning of that Act) or part thereof, the provisions of that Act shall, in connection only with any act, matter or thing done or to be done or that may be done in consequence of that resolution, continue to apply to and in respect of that public reserve or part as

if

if this Act had not been enacted, but where the Minister's consent has not been given before that commencement to a mortgage the subject of the resolution, that Act shall be deemed to be amended by omitting section 8 (3) and by inserting instead the subsection set out in subsection (3 ) of this section.

(3 ) For the purposes of subsections (1) and ( 2 ) ,

the subsection to be inserted is as follows :—

(3) In the case of an application for consent to a mortgage under this Act, the Minister's consent shall not be given generally, but the terms of the proposed mort­ gage shall in each case be submitted to him for approval.

SCHEDULE.

Column 1. Column 2.

Year and Short title of Act. Extent of repeal.

number of Act.

1897, No. 8 . . Public Trusts Act, The whole Act.

1897.

1909, No. 15 . . Trustees of Show­ The whole Act.

grounds	Enabling
Act, 1909.

1912, No. 2 1 . . Trustees Audit Act,

So much of Schedule 1 as amended

1912.   Act 61 Vic. No. 8 (Act No. 8, 1897).

1912, No. 4 0 . . Public Parks Act, The whole Act.

1912.

1913, No. 7 . . Crown Lands Con­ Section 26.

solidation Act, So much of the First Schedule as

1913.   amended Act No. 8, 1897.

1924, No. 9 . . Trustees of Public The whole Act.

Reserves Enabling

Act, 1924.

SCHEDULE

SCHEDULE—continued.

Column 1. Column 2.

Year and Short title of Act. Extent of repeal.

number of Act.

1937, No. 3 5 . . Statute Law Revision So much of the Second Schedule as

Act, 1937. amended Act No. 40, 1912.

1938, No. 2 9 . . Crown Lands and Section 8 (b).

Closer Settlement

(Amendment) Act,

1938.

1941, No. 5 1 . . Trustees of Public The whole Act.

Reserves (Limita­

tion of Numbers

and Retirement)

Act, 1941.

1944, No. 8 Public Trusts (Amend­ The whole Act.

ment) Act, 1944.

1955, No. 5 3 . . Public Reserves Act, 1955. Parks and Sections 2, 3 and 4.

1957, No. 30 . . Crown Lands (Am­ Section 9.

endment) Act, 1957.

1964, No. 7 . . Crown Lands (Am­ Section 7 (1) (c).

endment) Act, 1964.

1971, No. 2 9 . . Public Trusts and Sections 2, 4, 5 (a) and 5 (c).

Other Acts (Am­ endment) Act, 1971.

1971, No. 3 1 . . Trustees of Show­ The whole Act.

grounds Enabling

(Amendment) Act,

1971.

C R O W N