Royal Botanic Gardens and Domain Trust Amendment Act 1996 (NSW)
New South Wales
Royal Botanic Gardens and Domain
Trust Amendment Act 1996 No 20
Contents
Page
| 1 Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Royal Botanic Gardens and Domain | |
| Trust Act 1980 No 19 | 2 | |
| 4 | Amendment of Justices Act 1902 No 27 | 2 |
| 5 | Vesting of certain land in the Art Gallery of New | |
| South Wales Trust | 2 |
Schedules
1 Amendments relating to land management and other
| |||
| 2 |
|
New South Wales
Royal Botanic Gardens and Domain
Trust Amendment Act 1996 No 20
Act No 20, 1996
An Act to amend the Royal Botanic Gardens and Domain Trust Act 1980 with respect to the use and management of lands vested in the Royal Botanic Gardens and Domain Trust; to divest the Trust of certain lands; to amend the Justices Act 1902 consequentially; and for other purposes. [Assented to 13 June 1996]
| Section 1 | Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Royal Botanic Gardens and Domain Trust
Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Royal Botanic Gardens and Domain Trust Act
1980 No 19
The Royal Botanic Gardens and Domain Trust Act I980 is amended as set out in Schedules 1 and 2.
4 Amendment of Justices Act 1902 No 27
The Justices Act 1902 is amended by inserting in alphabetical order in the statutory provisions listed in paragraph (a) of the
definition of penalty notice in section 100I (1) the following
matter:
Royal Botanic Gardens and Domain Trust Act 1980, section 22B,
5 Vesting of certain land in the Art Gallery of New South Wales Trust
The land comprised in Lot 102 in Deposited Plan 854472, situated in the Parish of St James, County of Cumberland, City of Sydney, is vested in the Art Gallery of New South Wales Trust for an estate in fee simple.
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Amendments relating to land management and other business of the Trust | Schedule 1 |
| Schedule 1 | Amendments relating to land management and other business of the Trust |
(Section 3)
[1] Section 7 Principal objects of Trust
Insert “ ,and to plant conservation” after “botany” in section 7 (2).
[2] Section 9
Omit the section. Insert instead:
9 Disposal of certain land prohibited
The Trust must not sell, mortgage or otherwise dispose of any part of the Trust lands described in Schedule 2, but may deal with any part of them in accordance with section 20.
[3] Section 20 Grant of leases, easements and licences
Omit section 20 (2) (a). Insert instead:
| (a) | a lease of any part of the Trust lands for a commercial purpose (such as a restaurant), or any other purpose, not prejudicial to the objects of the Trust, and |
[4] Section 20 (3)
Omit “(i), (ii), (iii) or (iv)”.
[5] Section 22 Regulations
Insert “ ,o r any similar commercial purpose,” after “television” in section 22 (2) (p) (ii).
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Schedule 1 | Amendments relating to land management and other business of the Trust |
[6 ] Section 22 (4)
Omit “2 penalty units”. Insert instead “5 penalty units”.
[7] Sections 22A-22C
Insert after section 22:
22A Liability of vehicle owner for parking offences
| (1) | If a parking offence occurs in relation to any vehicle, the person who at the time of the commission of the offence was the owner of the vehicle is, by virtue of this section, guilty of an offence against the regulation concerned as if the person were the actual offender guilty of the parking offence, unless: | |||||
| ||||||
| (2) | An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with under section 22B, the person: | |||||
|
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Amendments relating to land management and other business of the Trust | Schedule 1 |
An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with otherwise than under section 22B, the person:
| (a) | within 21 days after service on the person of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or |
| (b) | satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address. |
A statutory declaration under subsection (2) or (3), if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied, is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.
A statutory declaration that relates to more than one offence is not a statutory declaration under, or for the purposes of, subsection (2) or (3).
Nothing in this section affects the liability of the actual offender, but where a penalty has been imposed on or recovered from any person in relation to a parking offence, no further penalty may be imposed on or recovered from any other person in relation to that offence.
In this section:
owner, in relation to a vehicle that is registered, includes:
| (a) | every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement (but not the lessor under any such agreement), and |
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Schedule 1 | Amendments relating to land management and other business of the Trust |
the person in whose name the vehicle is registered, unless that person has sold or otherwise disposed of the vehicle and has complied with the provisions of the regulations under the Traffic Act 1909 applicable to the person in regard to that sale or disposal, and
in the case of a vehicle to which a trader's plate is affixed, the person to whom that trader's plate is on issue, and
a person who, pursuant to the regulations under the Traffic Act 1909, is to be treated as being, for the purposes of section 18A of that Act, the owner of the vehicle.
parking offence means any offence of causing or
allowing a vehicle to stand in contravention of the
regulations.
registered means registered under the Traffic Act 1909.
trader's plate means a trader's plate issued under the
Traffic Act I909 for use as prescribed by the regulations under that Act.
22B Penalty notices for offences against regulations
If it appears to an officer prescribed by the regulations that any person has committed, or by virtue of section 22A is guilty of, any offence against a regulation, the officer may serve a notice on that person to the effect that, if that person does not desire to have the matter determined by a court, that person may pay to the Trust, within a time specified in the notice, an amount of penalty prescribed by the regulations for the offence if dealt with under this section.
Any such notice:
| (a) | may be served personally or by post, or |
| (b) | if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 22A, may be addressed to the owner without naming the owner |
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Amendments relating to land management and other business of the Trust | Schedule 1 |
or stating the address of the owner and may be served by leaving it on or attaching it to the vehicle.
If the amount of any penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.
Payment of a penalty in accordance with this section is not an admission of liability for the purposes of any civil claim, action or proceeding arising out of the same occurrence, nor does it in any way affect or prejudice any such claim, action or proceeding.
Nothing in this section limits the operation of any provision made by or under this or any other Act in relation to proceedings that may be taken in respect of offences.
22C Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:
| (a) | the constitution of the Trust, or |
| (b) | any resolution of the Trust, or |
| (c) | the appointment of, or the holding of office by, any trustee, or |
| (d) | the presence of a quorum at any meeting of the Trust. |
[8] Schedule 2 Land vested in the Trust
Omit Part 2 of the Schedule. Insert instead:
| ||
| Lots 26, 27, 30, 32, 33, 34 and 35 in Deposited Plan 39586, Lot 51 in Deposited Plan 47732 and Lot 101 in Deposited Plan 854472, situated in the Parish of St James, County of Cumberland, City of Sydney. |
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Schedule 1 | Amendments relating to land management and other business of the Trust |
[9] Schedule 2, Part 4
Omit the Part. Insert instead:
|
1. Lots 17-31 in Deposited Plan 259028, situated in the Parish of St James, County of Cumberland, City of Sydney.
2. Easements for railway transit and easements for drainage shown in Deposited Plan 605125, situated in the Parish of St James, County of Cumberland, City of Sydney.
3. Lot 102 in Deposited Plan 854472, situated in the Parish of St James, County of Cumberland, City of Sydney.
[10] Schedule 3 Transitional and other provisions
Insert after clause 7:
8 Regulations
| (1) | The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any of the following Acts: | |
| Royal Botanic Gardens and Domain Trust Amendment Act 1996. | ||
| (2) | Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date. | |
| (3) | To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as: | |
|
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Amendments relating to land management and other business of the Trust | Schedule 1 |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication. |
9 Existing leases not affected by amendment
The repeal and re-enactment, by the Royal Botanic Gardens and Domain Trust Amendment Act 1996, of section 9, and the amendments made by that Act to section 20, do not affect any lease granted by the Trust and in force immediately before that repeal or those amendments took effect.
10 Validity of certain licences
To avoid any doubt, a licence purporting to have been granted by the Trust over any of the lands described in Schedule 2 and to be in force immediately before the commencement of Schedule 1 [10] to the Royal Botanic
Gardens and Domain Trust Amendment Act 1996 is
validated, even if it is not a licence of a kind referred to
in section 20 (2) (c).
Such a licence, unless sooner revoked in accordance with its terms:
| (a) | if granted for a fixed term, remains in force until |
| the expiry of the term, but may not be renewed, and | |
| (b) | if granted otherwise than for a fixed term, expires |
at midnight on 30 June 1996.
No compensation is payable on account of the termination of a licence by the operation of this section.
Nothing in this clause precludes the grant by the Trust of a lease to a former licensee.
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Schedule 1 | Amendments relating to land management and other business of the Trust |
11 Transitional operation of certain presumptions
Section 22C does not apply to proceedings commenced before the commencement of Schedule 1 [7] to the Royal Botanic Gardens and Domain Trust Amendment Act 1996.
12 Use of former site of Commonwealth fuel depot
Subsurface land of the Trust previously used as a Commonwealth fuel oil installation may only be used for a purpose not prejudicial to the objects of the Trust, being a purpose approved by the Governor on the recommendation of the Trust.
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Amendments by way of statute law revision | Schedule 2 |
| Schedule 2 | Amendments by way of statute law revision |
(Section 3 )
Section 4 Definitions
Omit “Office of the Registrar-General” from section 4 (2) (b).
Insert instead “Land Titles Office”.
Section 12 Officers and employees
Omit “Part 4 of the Public Service Act 1979” from section 12 (1).
Insert instead “the Public Sector Management Act 1988”.
Section 12 (2)
Omit “Public Service Act 1979”.
Insert instead “Public Sector Management Act 1988
Section 21 Annual Report
Omit the section.
| Schedule | 1 Provisions relating to trustees and procedure of the |
| Trust |
Omit clause 1 (b). Insert instead:
| (b) | who becomes a mentally incapacitated person, or |
Schedule 1, clause 4
Omit “Public Service Act 1979”.
Insert instead “Public Sector Management Act 1988”.
Royal Botanic Gardens and Domain Trust Amendment Act 1996 No 20
| Schedule 2 | Amendments by way of statute law revision |
[7 ] Schedule 1 , clause 7 (d)
Omit the paragraph. Insert instead:
| (d) | becomes a mentally incapacitated person, or |
[Minister's second reading speech made in—
Legislative Assembly on 13 December 1995
Legislative Council on 6 June 1996]
0
0
0