Public Trusts and Other Acts (Amendment) Act 1971 (NSW)

PUBLIC TRUSTS AND OTHER ACTS (AMENDMENT)

ACT.

ANNO VICESIMO

ELIZABETHiE II REGINA

Act No. 29, 1971.

An Act to confer on the Minister certain powers, auth­ orities, duties and functions of the Governor under the Public Trusts Act, 1897, the Commons Regulation Act, 1898, and the Public Parks Act, 1912; to enable the Minister to delegate such powers, authorities, duties and functions; for these and other purposes to amend those Acts; and for purposes connected therewith. [Assented to, 27th September, 1971.]

Public Trusts and Other Acts {Amendment).

No. 29, 1971 O E 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, a? follows: —

Short 1. This Act may be cited as the “Public Trusts and Other

title. Acts (Amendment) Act, 1971”.

Amendment	2.	The Public Trusts Act, 1897, is amended—
of Act No.
8, 1897.

Sec. 1.	(a) by omitting from subsection one of section one the
(Appoint­

ment of	words “The Governor shall be deemed to have had
trustees	and” and by inserting in lieu thereof the words “The
of land
temporarily	Minister” ;
reserved.)

Sec. 2.	(b)	(i) by omitting subsection one of section two and
(Corpora­

tions or

by inserting in lieu thereof the following sub­

councils

section : —

may be

appointed

trustees.)

(I) The Minister may—

(a) by notice in the Gazette, appoint as trustees of land set apart, dedicated or reserved (temporarily or other­ wise) for any public purpose—

(i)   subject to subsection (Ia) of this section, a council; or

(ii)

any other corporate body;

and

(b)

Public Trusts and Other Acts {Amendment).

(b)

by that or a subsequent like notice, no. 29,1971 porate body.

(ii)   by inserting next after subsection one of the same section the following new subsection :—

(Ia) a council shall not be appointed trustees of any land that is partly within its area and partly within the area of another council except with the consent of that other council.

(iii) by omitting from subsection two of the same (Valida­ tion of

section the words past

municipality” and by inserting in lieu thereof appoint- the words “or council” ; ments.)

(c)

by omitting from section three the words “Governor Sec. 3.

may by notice in the Gazette, and without any (Minister , 1 , 1 • • may vest

deed, grant, or other assurance, and by inserting land in

in lieu thereof the words “Minister may by notice ‘■'ustees.)

in the Gazette” :

(d) (i) by omitting from section four the word Sec. 4.

“Governor” wherever occurring and by insert­

ing in lieu thereof the word “Minister” ;

appoint

additional

(ii)

by omitting from the same section the words trustees.) and by inserting in lieu thereof the words “by notice in the Gazette vest in” ;

(iii)   by omitting from the same section the word “colony” and by inserting in lieu thereof the

word “State” ;

(e) by omitting from section 4a the word “Governor” See. 4 a . wherever occurring and by inserting in lieu thereof (Limita- the word “Minister” ; number

of

trustees

1,1) seven.)

Public Trusts and Other Acts {Amendment).

No. 29, 1971 (f) by inserting in subsection four of section 4b after

Sec. 4b.	the word “body” the words “or council” ;
(Quorum.)

Sec. 4c. (g) (i) by inserting in subsection two of section 4c

(Trustees	after the words “corporate body” wherever
to report
annually	occurring the words “or council” ;
to Minister.)

(ii)   by omitting from the same subsection the word “fifty-eight” and by inserting in lieu thereof the word “seventy-three” ;

Sec. 4d. (h) by omitting from section 4d the word “Governor”

(Removal ot	and by inserting in lieu thereof the word “Minister” ;
trustees.)

Sec. 10. (i) by omitting from section ten the words “police

(Recovery

or” ;

of

penalties.)

New secs. (j) by inserting next after section ten the following

10a and 10b. new sections:—

Delegation 10a . (1) Subject to this section the Minister

by Minister. may by instrument in writing delegate to the holder of any prescribed ofiice the exercise or performance of such of the powers (other than this power of delegation), authorities, duties and functions con­ ferred or imposed upon the Minister by or under this Act as may be prescribed in relation to the holder of that ofiice and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in ofiice.

(2) Any power, authority, duty or

function, the exercise or performance of which has been delegated under this section to the holder of a prescribed ofiice, may while the delegation remains unrevoked be exercised or performed from time to time in accordance with the terms of the

delegation

Public Trusts and Other Acts (Amendment).

delegation by the person for the time being holding No. 29, 1971

or acting in that office, whether or not the Minister

who made the delegation holds ofiice at the time

of that exercise or performance.

(3) A delegation made under this section

may be made subject to such conditions or such limitations as to the exercise or performance of any of the prescribed powers, authorities, duties or functions delegated or as to time or circum­ stances as may be specified in the instrument of delegation.

(4) Where any prescribed power,

authority, duty or function is exercised or per­ formed by the holder of a prescribed ofiice in relation to whom that power, authority, duty or function is prescribed and the exercise or per­ formance of the power, authority, duty or function is evidenced in writing, signed by the holder of, or person for the time being acting in, that ofiice in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or per­ formed, in force and whether or not any conditions or limitations referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.

(5) Notwithstanding any delegation

made under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

10b .

Public Trusts and Other Acts {Amendment).

No. 29, 1971	1 0 b . (1) The Governor may make regulations not inconsistent with this Act prescribing—
Regulations.

(a)	the powers, authorities, duties and functions of the Minister under this Act that may be delegated; and
(b)	the oflSces to the holders of which such powers, authorities, duties and functions may be delegated.
(2) A regulation under subsection one of

this section relating to the powers, authorities, duties or functions that may be delegated to the holder of a prescribed office may describe any power, authority, duty or function in general or particular terms and may so describe the power, authority, duty or function that its exercise or performance by the holder of the prescribed office in relation to whom it is prescribed shall be subject to such conditions or limitations as may be specified in the regulation.

Sec. 11.	(k) by omitting from section eleven the definition of
tions.)

(Defini­

“Governor” and by inserting in lieu thereof the

following new definitions :—

“Area” has the meaning ascribed thereto in the

Local Government Act, 1919.

“Council” has the meaning ascribed thereto in

the Local Government Act, 1919.

Amendment

of Act No.	3. The Commons Regulation Act, 1898, is amended—
15, 1898.

Sec. 3. (a) (i) by inserting in section three next before the definition of “Common” the following new definition ;—

“Area” has the meaning ascribed th e re to

in the Local Government Act, 1919.

(ii)

Public Trusts and Other Acts {Amendment).

(ii) definition of “Common” after the word

by inserting in the same section in the No. 29,1971 words “or by the Minister” ;

(iii)   by inserting in the same section next after the definition of “Commoners’ roll” the following new definition :—

“Council” has the meaning ascribed thereto

in the Local Government Act. 1919.

(b)	by omitting from section four the words “by the Sec. 4.
Governor,” ; (Trustees of commons to be a body corporate.)
(c)	(i) by omitting subsection one of section six and Sec. 6. by inserting in lieu thereof the following thirst « • 11 /

subsection :—

(1) The Minister may appoint the first

trustees of any common.

(ii)   by omitting from subsection three of the same section the word “Governor” and by inserting in lieu thereof the word “Minister” ;

(d) by omitting from section eight the words “Colonial Sec. 8. Secretary” and by inserting in lieu thereof the word (Election “Minister” ;

cated.)

(e) by omitting from section nine the word “Governor” Sec. 9. and b y inserting in lieu thereof the word (Minister «x/r- • / » may validate

Minister ; election.)

(f)

by omitting from section ten the words “Governor Sec. 10.

may” and by inserting in lieu thereof the words ^Minister	may appoint
“Minister may, by notice in the Gazette,” ;	trustees.)

(g)

Public Trusts and Other Acts (Amendment).

No. 29, 1971

(g) by omitting from section eleven the word»

“Governor may appoint the council of any muni­

Sec. 11.	cipality or shire” and by inserting in lieu thereof
(Councils
may be	the words “Minister may appoint the council of
appointed
trustees.)	an area” ;

Sec. 14.	(h) by omitting from the proviso to section fourteen
received

(Moneys	the words “the council of a municipality or shirt” ̂
and ex­	and by inserting in lieu thereof the words “a
pended by
trustees.)	council” ;

Sec. 15.	(i) by omitting from section fifteen the words “Colonial
(Trustees

may make	Secretary” and by inserting in lieu thereof the word;
regulations	‘Minister” ;
and enforce the same by fines.)

Sec. 27.	(j) by omitting from section twenty-seven the words
(Fixing and

alteration of	“Governor may” and by inserting in lieu thereof
commoners’	the words “Minister may, by notice in the
boundaries.)	Gazette,” ;

Sec. 28.	(k) by omitting from section twenty-eight the word
(Removal of

trustees.)

“Governor” wherever occurring and by inserting

in lieu thereof the word “Minister” ;

New sec. (1) by inserting next after section twenty-eight the

28a.	following new section ;—
Delegation	28a. (1 ) Subject to this section the Minister may by instrument in writing delegate to the holder of any prescribed office the exercise or performance of such of the powers (other than this power of delegation), authorities, duties and functions con­ ferred or imposed upon the Minister by or under this Act as may be prescribed in relation to the- holder of that office and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in office.
by Minister.

(2 )

Public Trusts and Other Acts {Amendment).

(2) Any power, authority, duty or func- n o . 29,1971

tion, the exercise or performance of which has been delegated under this section to the holder of a prescribed office, may while the delegation remains unrevoked be exercised or performed from time to time in accordance with the terms of the delegation by the person for the time being holding or acting in that office, whether or not the Minister who made the delegation holds office at the time of that exercise or performance.

(3) A delegation made under this section

may be made subject to such conditions or such limitations as to the exercise or performance of any of the prescribed powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the instrument of delegation.

(4) Where any prescribed power,

authority, duty or function is exercised or performed by the holder of a prescribed office in relation to whom that power, authority, duty or function is prescribed and the exercise or perform­ ance of the power, authority, duty or function is evidenced in writing, signed by the holder of, or person for the time being acting in, that office in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or performed, in force and whether or not any conditions or limitations referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.

(5)

Public Trusts and Other Acts (Amendment).

No. 29, 1971 (5) Notwithstanding any delegation

made under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

Sec. 29. (m) (i) by omitting from paragraph (1) of section

(Regu­	twenty-nine the word “and” where lastly
lations.)	occurring;

(ii)   by inserting next after the same paragraph the following new paragraphs :—

( l a ) the powers, authorities, duties and functions of the Minister under this Act that may be delegated;

( l b ) the offices to the holders of which such powers, authorities, duties and functions may be delegated; and;

(iii)   by inserting next after paragraph (2) of the same section the following new paragraph :—

A regulation under this section with respect to the powers, authorities, duties or functions that may be delegated to the holder of a prescribed office may describe any power, authority, duty or function in general or particular terms and may so describe the power, authority, duty or function that its exercise or performance by the holder of the prescribed office in relation to whom it is prescribed shall be subject to such conditions or limitations as may be specified in the regulation.

Amend­

4. The Public Parks Act, 1912, is amended-

ment

of Act No.

40, 1912.

Sec. 1. (a) by omitting from the matter relating to Part III in

(Short	section one the figures “7-13” and by inserting in
title.)	lieu thereof the figures “7-15” ;

(b)

Public Trusts and Other Acts {Amendment).

(b) by inserting in section three next before the no. 29, 1971

definition of “Minister” the following new

definitions:—

See. 3.

(Interpre-

“Area” has the meaning ascribed thereto in the tat‘on.)

Local Government Act, 1919.

“Council” has the meaning ascribed thereto in

the Local Government Act, 1919.

( c )	(i)	the words “Governor may” and by inserting
by omitting from subsection one of section four Sec. 4. notice in the Gazette,” ;
(ii)	by omitting from subsection three of the same section the words “or may from time to time be prescribed by the Governor,” and by in­ serting in lieu thereof the words “prescribed by the Governor or may from time to time be declared by the Minister, by notice in the Gazette,” ;

(d) words “Governor may appoint the council of any (Councils municipality” and by inserting in lieu thereof the trus'teel) by omitting from subsection one of section six the Sec. 6. appoint the council of an area” ;

(e) (i) by omitting from subsection one of section Sec. 7.

seven the word “municipal” ;

(Vacancies

how

(ii)

by omitting from the same subsection the supplied.) lieu thereof the words “Minister may, by notice in the Gazette,” ;

(f) by omitting from section 7a the words “Governor Sec. 7a .

may” and by inserting in lieu thereof the words (Ex-officio

“Minister may, by notice in the Gazette,” ; trustees.)

(g)

Public Trusts and Other Acts (Amendment).

No. 29, 1971	(g)	by omitting from subsection four of section 7b the
Sec. 7b.	words “the council of a municipality” and by insert­
(Quorum.)	ing in lieu thereof the words “a council” ;

Sec. 7c.	(h) by omitting from subsection two of section 7c
(Trustees to

report	the words “the council of a municipality” and by
annually to	inserting in lieu thereof the words “a council” ;
Minister.)

Sec. 7d. (i) by omitting from section 7d the word “Governor”

(Removal of	and by inserting in lieu thereof the word
trustees.)	“Minister” ;

Sec. 12.	(j) by omitting from subsection one of section twelve
(Legal pro­

ceedings.)	the words “or police” ;
New secs.

14 and 15.	(k) by inserting next after section thirteen the following new sections :—
Delegation

by Minister.

14. (1) Subject to this section the Minister may by instrument in writing delegate to the holder of any prescribed office the exercise or performance of such of the powers (other than this power of delegation), authorities, duties and functions con­ ferred or imposed upon the Minister by or under this Act as may be prescribed in relation to the holder of that office and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in office.

(2) Any pow'er, authority, duty or function, the exercise or performance of which has been delegated under this section to the holder of a prescribed office, may while the delegation remains unrevoked be exercised or performed from time to time in accordance with the terms of the delegation by the person for the time being holding or acting in that office, whether or not the Minister who made the delegation holds office at the time of that exercise or performance.

(3)

Public Trusts and Other Acts (Amendment).

(3) A delegation made under this section No. 29, i97 i

may be made subject to such conditions or such limitations as to the exercise or performance of any of the prescribed powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the instrument of delegation.

(4) Where any prescribed power,

authority, duty or function is exercised or performed by the holder of a prescribed ofiice in relation to whom that power, authority, duty or function is prescribed and the exercise or per­ formance of the power, authority, duty or function is evidenced in writing, signed by the holder of, or person for the time being acting in, that ofiice in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or performed, in force and whether or not any conditions or limitations referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.

(5) Notwithstanding any delegation made under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

15.      (1) The Governor may make regulations Regulations,

not inconsistent with this Act prescribing—

(a) the powers, authorities, duties and functions of the Minister under this Act that may be delegated: and

(b)

Public Trusts and Other Acts {Amendment).

No. 29, 1971 (b) the offices to the holders of which such powers, authorities, duties and functions may be delegated.

(2) A regulation under subsection one of this section relating to the powers, authorities, duties or functions that may be delegated to the holder of a prescribed office may describe any power, authority, duty or function in general or particular terms and may so describe the power, authority, duty or function that its exercise or performance by the holder of the prescribed office in relation to whom it is prescribed shall be subject to such conditions or limitations as may be specified in the regulation.

Savings. 5. All persons holding office as trustees immediately

before the commencement of this Act and who were appointed

under—

(a)	the Public Trusts Act, 1897, shall be deemed to have been appointed under the Public Trusts Act, 1897, as amended by this Act;
(b)	the Commons Regulation Act, 1898, shall be deemed to have been appointed under the Commons Regulation Act, 1898, as amended by this Act; and
(c)	the Public Parks Act, 1912, shall be deemed to have been appointed under the Public Parks Act, 1912, as amended by this Act.

SECOND-HAND