{"id":"nsw:act-2022-009","name":"Greater Sydney Parklands Trust Act 2022","slug":"greater-sydney-parklands-trust-act-2022","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"9 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28920,"registerId":"nsw-act-2022-009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Greater Sydney Parklands Trust Act 2022](/view/html/inforce/current/act-2022-009).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n3 Objects\n\n> The objects of this Act are as follows—\n> \n> > (a) to maintain and improve the parklands estate across Greater Sydney and ensure the parklands estate is effectively managed and operated to deliver world-class and ecologically sustainable parklands for the public,\n> \n> > (b) to enable the Greater Sydney Parklands Trust to facilitate a connection to Country for First Nations peoples that—\n> > \n> > > (i) recognises and conserves First Nations peoples’ cultural heritage and values through the use of the parklands estate, and\n> > \n> > > (ii) establishes long-term and mutually beneficial partnerships that give effect to the ongoing relationships of First Nations peoples with Country,\n> \n> > (c) to ensure the conservation of the natural and cultural heritage values of the parklands estate and the protection of the environment within the parklands estate,\n> \n> > (d) to advocate for a long-term vision to achieve the outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space,\n> \n> > (e) to encourage the use and enjoyment of the parklands estate by the community by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental values of lands within the parklands estate,\n> \n> > (f) to ensure the parklands estate may be used by the community in a way that is adaptive and recognises and responds to the diverse needs of the community,\n> \n> > (g) to provide increased opportunity for community engagement to shape regionally significant parklands in response to diverse community needs.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> The Dictionary in Schedule 4 defines words and expressions used in this Act.\n> \n> Note.\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) also contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Trust","content":"# Part 2 Constitution and management of Trust\n\nPart 2 Constitution and management of Trust","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution and management of Trust","content":"## Division 1 Constitution and management of Trust\n\nDivision 1 Constitution and management of Trust","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Trust","content":"#### 5 Constitution of Trust\n\n5 Constitution of Trust\n\n> The Greater Sydney Parklands Trust (the Trust) is constituted.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Status of Trust","content":"#### 6 Status of Trust\n\n6 Status of Trust\n\n> The Trust is—\n> \n> > (a) a corporation, and\n> \n> > (b) a NSW Government agency.\n> > \n> > Note—\n> > \n> > See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 13A, which provides that a NSW Government agency has the status, privileges and immunities of the Crown.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial control","content":"#### 7 Ministerial control\n\n7 Ministerial control\n\n> The Trust is subject to the control and direction of the Minister in the exercise of its functions.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Board of Trust","content":"## Division 2 Board of Trust\n\nDivision 2 Board of Trust","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Trust Board","content":"#### 8 Trust Board\n\n8 Trust Board\n\n> > (1) There is to be a Board of the Trust.\n> \n> > (2) The Board is an advisory body for the Trust.\n> \n> > (3) The Board consists of the following members—\n> > \n> > > (a) the chief executive,\n> > \n> > > (b) 7 members (the appointed members) appointed by the Minister.\n> \n> > (4) One of the appointed members is, by the member’s instrument of appointment or by a subsequent instrument, to be appointed as the chairperson of the Board.\n> \n> > (5) Schedule 1 has effect for the Board.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Appointed members of Board","content":"#### 9 Appointed members of Board\n\n9 Appointed members of Board\n\n> > (1) In appointing Board members, the Minister must ensure the Board, as a whole, has experience or skills in the following—\n> > \n> > > (a) community consultation,\n> > \n> > > (b) environmental and conservation management,\n> > \n> > > (c) financial and property management,\n> > \n> > > (d) governance and risk,\n> > \n> > > (e) heritage or heritage management,\n> > \n> > > (f) landscape or park management.\n> \n> > (2) The Minister must also, in appointing members of the Board, have regard to the desirability of the Board having members with diverse backgrounds, including having members who live in western Sydney.","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Powers of Trust","content":"## Division 3 Powers of Trust\n\nDivision 3 Powers of Trust","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Delegation of Trust’s functions","content":"#### 10 Delegation of Trust’s functions\n\n10 Delegation of Trust’s functions\n\n> > (1) The Trust may delegate any of its functions, other than this power of delegation, to an authorised person.\n> \n> > (2) If authorised by the Trust in writing, an authorised person may subdelegate a function delegated to the person by the Trust.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Exercise of functions through private subsidiaries corporations, joint ventures etc","content":"#### 11 Exercise of functions through private subsidiaries corporations, joint ventures etc\n\n11 Exercise of functions through private subsidiaries corporations, joint ventures etc\n\n> A function of the Trust may be exercised by any of the following—\n> \n> > (a) the Trust,\n> \n> > (b) a private subsidiary corporation,\n> \n> > (c) the Trust or a private subsidiary corporation, or both, in a partnership, joint venture or other association with another person or body.\n> > \n> > Example—\n> > \n> > The Trust may enter into a biodiversity stewardship agreement with persons who own land adjacent to the GSPT estate.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Committees","content":"#### 12 Committees\n\n12 Committees\n\n> > (1) The Trust may establish—\n> > \n> > > (a) a committee, known as the Blue-Green grid committee, to advocate for a long-term vision for and outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space, and\n> > \n> > > (b) advisory committees—\n> > > \n> > > > (i) to assist the Trust in the exercise of its functions, or\n> > > \n> > > > (ii) for the purposes of public consultation.\n> \n> > (2) Without limiting subsection (1), members of a committee may include—\n> > \n> > > (a) persons who represent government sector agencies and local councils, and\n> > \n> > > (b) persons who have expertise in matters relevant to the matters referred to the committee for advice, and\n> > \n> > > (c) other persons who are not Board members.\n> \n> > (3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be decided by—\n> > \n> > > (a) the Trust, or\n> > \n> > > (b) subject to paragraph (a), the committee.","sortOrder":16},{"sectionNumber":"Division 4","sectionType":"division","heading":"Staff of Trust","content":"## Division 4 Staff of Trust\n\nDivision 4 Staff of Trust","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Chief executive","content":"#### 13 Chief executive\n\n13 Chief executive\n\n> > (1) The chief executive is responsible for the day-to-day management of the Trust.\n> \n> > (2) An act, matter or other thing done in the name of, or on behalf of, the Trust by the chief executive is taken to have been done by the Trust.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Staff","content":"#### 14 Staff\n\n14 Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Trust to exercise its functions.\n> \n> Note—\n> \n> The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 59 provides that the persons so employed, or whose services the Trust makes use of, may be referred to as officers or employees, or members of staff, of the Trust. The [Constitution Act 1902](/view/html/inforce/current/act-1902-032), section 47A precludes the Trust from employing staff.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Trust","content":"# Part 3 Functions of Trust\n\nPart 3 Functions of Trust","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Functions—generally","content":"#### 15 Functions—generally\n\n15 Functions—generally\n\n> > (1) The Trust has the following functions—\n> > \n> > > (a) to conserve, restore, enhance and ensure no reduction in the extent of the net existing natural environment of the parklands estate,\n> > \n> > > (b) to conserve, restore and enhance—\n> > > \n> > > > (i) connection to Country for First Nations peoples, and\n> > > \n> > > > (ii) the heritage values of the parklands estate,\n> > \n> > > (c) to facilitate and promote the use of the parklands estate for education, environmental sustainability and scientific and other research, including by providing facilities for education and research,\n> > \n> > > (d) to encourage and promote appropriate public access and enjoyment of the parklands estate, including by catering to a diverse range of community interests, organisations and activities,\n> > \n> > > (e) to provide for and facilitate a diverse range of recreational, historical, educational, environmental, cultural, sporting, entertainment and tourism uses of the parklands estate, including by providing facilities and associated services,\n> > \n> > > (f) to facilitate the use of the parklands estate to meet community health needs and provide opportunities for, and encourage, activities that promote health and well-being in the community,\n> > \n> > > (g) to consult with, and involve, the community in planning for the parklands estate and carrying out the plans, including the provision of services and facilities within the parklands estate, by establishing a transparent process for consultation about and management of the parklands estate,\n> > \n> > > (h) to consult with community trustee boards about any advice received from the boards about the parklands estate or parts of the parklands estate,\n> > \n> > > (i) to manage and operate the GSPT estate in a way that aligns with the Government’s long-term vision for metropolitan open space and parklands within Greater Sydney,\n> > \n> > > (j) to advocate to the Government to influence the long-term vision for open space and parklands in Greater Sydney,\n> > \n> > > (k) to provide advice and recommendations to the Minister and government sector agencies about the implementation of the Government’s long-term vision for open space and parklands within Greater Sydney,\n> > \n> > > (l) to undertake or facilitate business activities and the provision of facilities within the GSPT estate, but only for the following purposes—\n> > > \n> > > > (i) to maintain and improve the parklands estate across Greater Sydney,\n> > > \n> > > > (ii) to ensure the parklands estate is effectively managed and operated to deliver high quality and ecologically sustainable parklands for the public,\n> > \n> > > (m) to provide or permit the provision of food and other refreshments on land within the GSPT estate,\n> > \n> > > (n) in accordance with the regulations, to charge and receive fees, charges or other amounts for, or in connection with, services provided or permissions given by the Trust in relation to the GSPT estate,\n> > \n> > > (o) to provide financial and operational management in relation to the GSPT estate, including maintaining the estate and other Trust assets,\n> > \n> > > (p) to enter into contracts and other arrangements with persons or bodies for the purposes of this Act,\n> > \n> > > (q) to ensure government sector agencies have access to major service infrastructure within the GSPT estate on terms the Trust considers appropriate,\n> > > \n> > > Example—\n> > > \n> > > The Trust may require that a Government agency that accesses major service infrastructure within the GSPT estate to perform works must make good damage caused to the GSPT estate at the end of the works.\n> > \n> > > (r) another function given to the Trust by or under this Act or another Act.\n> \n> > (2) To avoid doubt, the Trust’s annual reporting information prepared under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) must include a report about the Trust’s performance of its functions, including its functions under subsection (1)(j) and (k).\n> \n> **s 15:** Am 2023 No 35, Sch 3.3.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Functions—associated Trusts and associated Trusts estate","content":"#### 16 Functions—associated Trusts and associated Trusts estate\n\n16 Functions—associated Trusts and associated Trusts estate\n\n> > (1) In addition to the Trust’s functions under this Act, the Trust—\n> > \n> > > (a) has all the functions of each associated Trust under the associated Trusts legislation, and\n> > \n> > > (b) may exercise the functions of an associated Trust in relation to the associated Trusts estate.\n> \n> > (2) For the purposes of subsection (1), the Trust’s functions include providing financial and operational management in relation to the associated Trusts estate in accordance with the objects and functions of the associated Trusts under the associated Trusts legislation.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Exercise of functions in conjunction with community trustee boards","content":"#### 17 Exercise of functions in conjunction with community trustee boards\n\n17 Exercise of functions in conjunction with community trustee boards\n\n> > (1) This section applies if the Trust is exercising functions in relation to—\n> > \n> > > (a) the granting of a lease, licence or easement over land within the GSPT estate under section 21, or\n> > \n> > > (b) the preparation or approval of a plan of management under section 24.\n> \n> > (2) The Trust must—\n> > \n> > > (a) have regard to the views of a community trustee board for the relevant parkland, and\n> > \n> > > (b) for a plan of management—obtain the community trustee board’s agreement to the plan of management before submitting the plan to the Minister.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Acquisition of land","content":"#### 18 Acquisition of land\n\n18 Acquisition of land\n\n> > (1) The Trust may, for the purposes of this Act, acquire and own—\n> > \n> > > (a) new parks, and\n> > \n> > > (b) supplementary land.\n> \n> > (2) Land acquired and owned under subsection (1) forms part of the GSPT estate.\n> \n> > (3) The Trust may acquire land—\n> > \n> > > (a) by agreement, or\n> > \n> > > (b) by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (4) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045)—\n> > \n> > > (a) acquisition of land under this Act is taken to be an authorised work, and\n> > \n> > > (b) the Trust is, in relation to the authorised work, taken to be the Constructing Authority.\n> \n> > (5) The [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), sections 34, 35, 36 and 37 do not apply to or in relation to works constructed under this Act.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Acquisition of property by gift, devise or bequest","content":"#### 19 Acquisition of property by gift, devise or bequest\n\n19 Acquisition of property by gift, devise or bequest\n\n> > (1) The Trust may—\n> > \n> > > (a) acquire by gift, devise or bequest property for the purposes of this Act, and\n> > \n> > > (b) agree to carry out any conditions of the gift, devise or bequest.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to a condition of a gift, devise or bequest to which the Trust has agreed.\n> \n> > (3) The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply to or in relation to a gift, devise or bequest made, or to be made, to the Trust.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Management of GSPT estate and other land","content":"#### 20 Management of GSPT estate and other land\n\n20 Management of GSPT estate and other land\n\n> > (1) The Trust may enter into an agreement with a government sector agency for the Trust to—\n> > \n> > > (a) manage, maintain, improve or develop land of the agency for the purposes of parklands for the public, or\n> > \n> > > (b) provide services or do other things for the management, maintenance, improvement or development of land of the agency for the purposes of parklands for the public.\n> \n> > (2) The Trust may enter into an agreement with a government sector agency for the agency to—\n> > \n> > > (a) manage, maintain, improve or develop the GSPT estate or part of the GSPT estate, or\n> > \n> > > (b) provide services or do other things for the management, maintenance, improvement or development of the GSPT estate or part of the GSPT estate.\n> > \n> > Example—\n> > \n> > The Trust may enter into an agreement with a government sector agency with expertise in water supply or management to manage water bodies within a park.\n> \n> > (3) A function of a government sector agency, or a member of the staff of a government sector agency, in relation to the management of land that is the subject of an agreement under this section may be delegated to the Trust.\n> \n> > (4) A function of the Trust, or a member of the staff of the Trust, in relation to the management of land that is the subject of an agreement under this section may be delegated to a government sector agency or the head of a government sector agency.\n> \n> > (5) The Trust may subdelegate a function delegated to it under this section to an authorised person but only if authorised in writing by the delegator of the function.\n> \n> > (6) If a government sector agency is authorised by or under an Act to use specified funds to manage, maintain, improve or develop land, the authorisation is taken to include providing the funds to the Trust for the management, maintenance, improvement or development of the land in accordance with arrangements entered into under this section.\n> \n> > (7) Without limiting the [Property and Development NSW Act 2006](/view/html/inforce/current/act-2006-040), section 12, the Trust may enter into an arrangement with Property and Development NSW under that section or this section.\n> \n> **s 20:** Am 2024 No 27, Sch 2.7\\[1\\] \\[2\\].","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Leases, licences and easements","content":"#### 21 Leases, licences and easements\n\n21 Leases, licences and easements\n\n> > (1) The Trust may grant a lease, licence or easement over land within the GSPT estate if the lease, licence or easement—\n> > \n> > > (a) is consistent with the objects of this Act, and\n> > \n> > > (b) will not reduce the extent of the net existing natural environment of the GSPT estate.\n> \n> > (2) However, a lease, licence or easement for more than 25 years may be granted only with the Minister’s consent.\n> \n> > (3) The Minister’s consent under subsection (2) may be—\n> > \n> > > (a) given in relation to—\n> > > \n> > > > (i) particular land or a class of land, or\n> > > \n> > > > (ii) a particular lease, licence or easement or a class of leases, licences, or easements, and\n> > \n> > > (b) subject to conditions, including conditions about—\n> > > \n> > > > (i) public consultation that are consistent with the approved consultation and engagement framework, and\n> > > \n> > > > (ii) access and use of the land that is the subject of the lease, licence or easement by the community, and\n> > \n> > > (c) amended from time to time.\n> \n> > (4) The Trust must give public notice, in the way prescribed by the regulations, of the following—\n> > \n> > > (a) that the Trust proposes to grant a lease, licence or easement under this section,\n> > \n> > > (b) that a lease, licence or easement has been granted under this section.\n> \n> > (5) To avoid doubt, the Trust’s annual reporting information prepared under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) must include—\n> > \n> > > (a) information about all leases, licences and easements granted by the Trust over land within the GSPT estate during the financial year to which the annual report relates, and\n> > \n> > > (b) details of all money received by the Trust as revenue, during the financial year to which the annual report relates, from leases, licences and easements over land within the GSPT estate.\n> \n> **s 21:** Am 2023 No 35, Sch 3.3.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Open tender process to be used for leases and certain licences","content":"#### 22 Open tender process to be used for leases and certain licences\n\n22 Open tender process to be used for leases and certain licences\n\n> The Trust must not grant a lease, or a licence with a term of 10 years or more, over land within the GSPT estate unless the granting of the lease or licence has been the subject of an open tender process.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Prohibition on disposal of GSPT estate","content":"#### 23 Prohibition on disposal of GSPT estate\n\n23 Prohibition on disposal of GSPT estate\n\n> The Trust must not sell, exchange or otherwise dispose of the GSPT estate or land within the GSPT estate.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Plan of management","content":"#### 24 Plan of management\n\n24 Plan of management\n\n> > (1) The Trust must ensure each associated Trust—\n> > \n> > > (a) has an approved plan of management for each park within the associated Trusts estate for which the associated Trust is constituted, and\n> > \n> > > (b) gives effect to the approved plan of management.\n> \n> > (2) The Trust must also ensure the Trust—\n> > \n> > > (a) has an approved plan of management for each park acquired and owned by the Trust under Part 3, Division 2, and\n> > \n> > > (b) gives effect to the approved plans of management.\n> \n> > (3) If the Trust is given a proposed plan of management by an associated Trust for submission to the Minister for approval, the Trust must ensure—\n> > \n> > > (a) the plan includes the following—\n> > > \n> > > > (i) information about the strategic direction for the management of the park to which the plan relates,\n> > > \n> > > > (ii) the activities and uses of land permitted in the park to which the plan relates,\n> > > \n> > > > (iii) the maximum amount of land to be used for each activity and use of land permitted in the park to which the plan relates,\n> > > \n> > > > (iv) principles that will be applied in deciding whether a proposed lease, licence or easement over land within the park to which the plan relates is consistent with the objects of this Act, and\n> > \n> > > (b) the plan complies with the requirements set out in the associated Trusts legislation, and\n> > \n> > > (c) appropriate consultation, consistent with the approved consultation and engagement framework, has been undertaken.\n> \n> > (4) The Trust must submit the following to the Minister for the Minister’s consideration—\n> > \n> > > (a) if the Trust is satisfied with a proposed plan of management given to the Trust by an associated Trust—the proposed plan of management,\n> > \n> > > (b) a proposed plan of management prepared by the Trust for the purposes of subsection (2).\n> \n> > (5) The Minister may approve, with or without changes, a plan of management submitted to the Minister under subsection (4).\n> \n> > (6) The Trust’s annual reporting information prepared under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) must include information about the maximum amount of land used for each activity and use of land permitted in each park—\n> > \n> > > (a) within the associated Trust’s estate, and\n> > \n> > > (b) acquired and owned by the Trust under Part 3, Division 2.\n> \n> **s 24:** Am 2023 No 35, Sch 3.3.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Government sector agencies to consult with Trust about planning and development that will impact on parklands estate","content":"#### 25 Government sector agencies to consult with Trust about planning and development that will impact on parklands estate\n\n25 Government sector agencies to consult with Trust about planning and development that will impact on parklands estate\n\n> > (1) The Greater Sydney Commission must, in exercising its function to lead metropolitan planning for Greater Sydney—\n> > \n> > > (a) consult with the Trust about a plan that relates to, or will impact on, open space and parklands policy within Greater Sydney, and\n> > \n> > > (b) have regard to submissions made by the Trust about the proposed plan.\n> \n> > (2) If a government sector agency or a local council is proposing to carry out development within, or that will substantially impact on, the parklands estate, the agency or council must —\n> > \n> > > (a) consult with the Trust about the proposed development, and\n> > \n> > > (b) have regard to submissions made by the Trust about the proposed development.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Overshadowing","content":"#### 26 Overshadowing\n\n26 Overshadowing\n\n> > (1) This section applies if a consent authority is considering the making of a determination to grant development consent for development that will or may overshadow the parklands estate.\n> \n> > (2) In making its determination, the consent authority must have regard to the impact of overshadowing on public open space, including the impacts set out in a Greater Sydney Parklands shadow modelling study.\n> \n> > (3) In this section—\n> > \n> > consent authority has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > Greater Sydney Parklands shadow modelling study means an overshadowing study for the Greater Sydney Parklands—\n> > \n> > > (a) approved by the Minister, and\n> > \n> > > (b) published in the Gazette.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Application of other laws","content":"#### 27 Application of other laws\n\n27 Application of other laws\n\n> This Division does not authorise the use or development of land within the GSPT estate in contravention of another Act or law.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Private subsidiary corporations etc","content":"#### 28 Private subsidiary corporations etc\n\n28 Private subsidiary corporations etc\n\n> > (1) The Trust may—\n> > \n> > > (a) with the Minister’s approval, form, or participate in the formation of, private subsidiary corporations, and\n> > \n> > > (b) acquire interests in private corporations, and\n> > \n> > > (c) sell or otherwise dispose of interests in private corporations.\n> \n> > (2) However, the Trust must not, without the Minister’s approval—\n> > \n> > > (a) acquire an interest in a private corporation if, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or\n> > \n> > > (b) sell or otherwise dispose of an interest in a private subsidiary corporation if, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.\n> \n> > (3) A private subsidiary corporation is not a NSW Government agency.\n> \n> > (4) Nothing in this section affects the operation of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), Part 6.\n> \n> > (5) In this section—\n> > \n> > private corporation means a corporation, within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, formed in or outside New South Wales.","sortOrder":38},{"sectionNumber":"Part 4","sectionType":"part","heading":"Community consultation","content":"# Part 4 Community consultation\n\nPart 4 Community consultation","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Requirement to have consultation and engagement framework","content":"#### 29 Requirement to have consultation and engagement framework\n\n29 Requirement to have consultation and engagement framework\n\n> The Trust must have an approved consultation and engagement framework for the parklands estate.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Purpose","content":"#### 30 Purpose\n\n30 Purpose\n\n> The purpose of the consultation and engagement framework is to provide guidance to the Trust about how the Trust is to consult and engage with the following on matters relating to the parklands estate, including particular parks—\n> \n> > (a) the community generally,\n> \n> > (b) visitors and other users of particular parks.","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Contents","content":"#### 31 Contents\n\n31 Contents\n\n> > (1) The consultation and engagement framework must include the following—\n> > \n> > > (a) how the Trust will consult and engage with the community and relevant stakeholders about the parklands estate and particular parks,\n> > \n> > > (b) matters in relation to which the Trust will consult and engage with the community and relevant stakeholders.\n> \n> > (2) The consultation and engagement framework must include matters in relation to community trustee boards, including—\n> > \n> > > (a) the appointment of members of community trustee boards, including, for example—\n> > > \n> > > > (i) the procedure for seeking expressions of interest to become a member, and\n> > > \n> > > > (ii) a process for ensuring there is a diversity of local representation and views, particularly representation by First Nations peoples, and\n> > \n> > > (b) subject to Schedule 2, procedures for meetings of community trustee boards, and\n> > \n> > > (c) reporting by the boards in relation to the boards’ functions, and\n> > \n> > > (d) reporting by the Trust in relation to how the Trust and associated Trusts deal with the boards’ advice and recommendations, including how consultation with the boards about the boards’ advice will be undertaken.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Preparation","content":"#### 32 Preparation\n\n32 Preparation\n\n> In preparing the consultation and engagement framework, the Trust must—\n> \n> > (a) consult and engage with the community and relevant stakeholders, including—\n> > \n> > > (i) community trustee boards, and\n> > \n> > > (ii) local councils, and\n> > \n> > > (iii) government sector agencies, and\n> \n> > (b) ensure the framework is prepared in accordance with current best practice principles for community consultation and engagement.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Approval by Minister","content":"#### 33 Approval by Minister\n\n33 Approval by Minister\n\n> > (1) The Trust must submit the consultation and engagement framework to the Minister for approval.\n> \n> > (2) The consultation and engagement framework is of no effect until approved by the Minister, whether with or without changes.","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Consultation and engagement framework","content":"#### 34 Consultation and engagement framework\n\n34 Consultation and engagement framework\n\n> The approved consultation and engagement framework must be published on the Trust’s website.","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Amendment","content":"#### 35 Amendment\n\n35 Amendment\n\n> > (1) The Trust may, at any time, amend the approved consultation and engagement framework.\n> \n> > (2) An amendment of the approved consultation and engagement framework must be prepared and approved under this Division in the same way as the consultation and engagement framework.","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"Review","content":"#### 36 Review\n\n36 Review\n\n> The Trust must, at least every 5 years, review the approved consultation and engagement framework.","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Establishment","content":"#### 37 Establishment\n\n37 Establishment\n\n> > (1) The Minister must establish a community trustee board for each of the following parts of the parklands estate—\n> > \n> > > (a) Callan Park, within the meaning of the [Callan Park (Special Provisions) Act 2002](/view/html/inforce/current/act-2002-139),\n> > \n> > > (b) the Trust lands, within the meaning of the [Centennial Park and Moore Park Trust Act 1983](/view/html/inforce/current/act-1983-145),\n> > \n> > > (c) the principal trust lands, within the meaning of the [Parramatta Park Trust Act 2001](/view/html/inforce/current/act-2001-017),\n> > \n> > > (d) the Western Sydney Parklands, within the meaning of the [Western Sydney Parklands Act 2006](/view/html/inforce/current/act-2006-092), section 22.\n> \n> > (2) The Minister may, on the recommendation of the Trust, also establish a community trustee board for other parts of the parklands estate, including an individual park within the parklands estate.\n> \n> **s 37:** Am 2022 No 59, Sch 2.20.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Membership","content":"#### 38 Membership\n\n38 Membership\n\n> > (1) A community trustee board has—\n> > \n> > > (a) a member nominated by each relevant local council, or chosen by the Minister under subsection (2), as a community representative, and\n> > \n> > > (b) the number of other members, not more than 6, appointed by the Minister on the advice of the Trust.\n> \n> > (2) For subsection (1)(a), if more than 3 persons are nominated by relevant local councils as community representatives—\n> > \n> > > (a) the Minister must choose at least 3 members from the persons nominated, and\n> > \n> > > (b) the persons nominated, but not chosen by the Minister, may attend meetings of the board but—\n> > > \n> > > > (i) are not members of the board, and\n> > > \n> > > > (ii) are not entitled to vote at a meeting of the board.\n> \n> > (3) The Minister must appoint members under subsection (1)(b), in accordance with the approved consultation and engagement framework, on the recommendation of the Trust.\n> \n> > (4) In recommending persons for appointment as members of a community trustee board, the Trust—\n> > \n> > > (a) must be satisfied—\n> > > \n> > > > (i) the person has sound knowledge of the relevant parkland including the activities carried out in the parkland, and\n> > > \n> > > > (ii) the person is able to communicate effectively with local residents, local community groups and other persons who use the relevant parkland, and\n> > > \n> > > > (iii) the overall membership of the board will be reflective of the broad range of views and interests of the community and persons who use the relevant parkland, and\n> > \n> > > (b) must have regard to the need for the board to—\n> > > \n> > > > (i) be representative of diversity including, for example, in relation to gender, age and cultural background, and\n> > > \n> > > > (ii) include representation for local First Nations peoples, and\n> > > \n> > > > (iii) include a representative who has experience or skills in heritage or heritage management.\n> \n> > (5) All members of a community trustee board must agree to and sign a Code of Conduct approved by the Trust.\n> \n> > (6) In this section—\n> > \n> > relevant local council means a local council in whose area the part of the relevant part of the parklands estate is located, or whose area adjoins the relevant part of the parklands estate.","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Functions","content":"#### 39 Functions\n\n39 Functions\n\n> The functions of a community trustee board for a relevant parkland are—\n> \n> > (a) to provide advice and assistance to the Trust in the development and review of the plan of management for the relevant parkland and approve the plan of management for the relevant parkland, and\n> \n> > (b) to provide advice to the Trust about proposed new or modified services and facilities for the relevant parkland, including priorities for investment, and\n> \n> > (c) to stay informed about current visitor and local community issues relating to the relevant parkland and provide advice to the board about the issues, and\n> \n> > (d) to be a consultative body for the Trust and the associated Trust for the relevant parkland in relation to—\n> > \n> > > (i) the development and review of the plan of management for the relevant parkland, and\n> > \n> > > (ii) matters of local relevance to the relevant parkland, including the protection and use of the relevant parkland and the business, leasing and other activities carried out on, or to be carried out on, the relevant parkland, and\n> \n> > (e) another function given to community trustee boards by the Trust under this Act or another Act.","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Power to change part of parklands estate for which the community trustee board is established","content":"#### 40 Power to change part of parklands estate for which the community trustee board is established\n\n40 Power to change part of parklands estate for which the community trustee board is established\n\n> If a community trustee board is established for part of the parklands estate, the Minister may, at any time on the recommendation of the Trust, change the part of the parklands estate for which the community trustee board is established.","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Dissolution of community trustee board","content":"#### 41 Dissolution of community trustee board\n\n41 Dissolution of community trustee board\n\n> > (1) The Minister may, on the recommendation of the Trust, dissolve a community trustee board.\n> \n> > (2) A community trustee board is dissolved by written notice given to each member of the board.\n> \n> > (3) The written notice must state—\n> > \n> > > (a) the reasons for the dissolution of the board, and\n> > \n> > > (b) the date on which the dissolution takes effect.\n> \n> > (4) If the Minister dissolves a community trustee board (the previous board) established for a part of the parklands estate, the Minister must establish a new community trustee board for the part of the parklands estate within 3 months after the day the previous board was dissolved.","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Certain Members of Parliament may attend community trustee board meetings","content":"#### 42 Certain Members of Parliament may attend community trustee board meetings\n\n42 Certain Members of Parliament may attend community trustee board meetings\n\n> > (1) This section applies if—\n> > \n> > > (a) a part of the parklands estate, including an individual park within the parklands estate, is in or adjacent to a Member of Parliament’s electoral district under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066), and\n> > \n> > > (b) a community trustee board is established for the part of the parklands estate or the whole of the parklands estate.\n> \n> > (2) The Member of Parliament, or a person nominated by the Member, is entitled to attend meetings of the community trustee board.","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Finance","content":"# Part 5 Finance\n\nPart 5 Finance","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Greater Sydney Parklands Trust Special Deposits Fund","content":"#### 43 Greater Sydney Parklands Trust Special Deposits Fund\n\n43 Greater Sydney Parklands Trust Special Deposits Fund\n\n> > (1) There is to be established in the Special Deposits Account a Greater Sydney Parklands Trust Fund (the Fund).\n> \n> > (2) Within the Fund, there is to be a separate account for—\n> > \n> > > (a) each associated Trust, and\n> > \n> > > (b) each other park owned or managed by the Trust, and\n> > \n> > > (c) the Entertainment Quarter.","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Payments into Fund","content":"#### 44 Payments into Fund\n\n44 Payments into Fund\n\n> > (1) The following amounts are to be paid into the Fund—\n> > \n> > > (a) all money received by or on account of the Trust,\n> > \n> > > (b) the proceeds of the investment of money in the Fund.\n> \n> > (2) Despite the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 7, Division 7.1, payments may be made out of the Fund established under that Act, section 7.28 into the Fund.\n> \n> > (3) Money received by an associated Trust is to be paid into the separate account within the Fund for the associated Trust.\n> \n> > (4) Money received by the Trust as result of a lease granted over land in the Entertainment Quarter is to be paid into the separate account within the Fund established for the Entertainment Quarter.\n> \n> > (5) Money received by the Trust for another park owned or managed by the Trust is to be paid into the separate account within the Fund for the park.","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Payments from Fund","content":"#### 45 Payments from Fund\n\n45 Payments from Fund\n\n> Amounts required to meet expenditure incurred by the Trust in the exercise of its functions may be paid from the Fund.","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Other matters relating to Trust’s financial powers","content":"#### 46 Other matters relating to Trust’s financial powers\n\n46 Other matters relating to Trust’s financial powers\n\n> > (1) The Trust may invest money in the Fund—\n> > \n> > > (a) if the Trust is a GSF agency for the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), Part 6—in a way the Trust is permitted to invest money under that Part, or\n> > \n> > > (b) if the Trust is not a GSF agency for the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), Part 6—in a way approved by the Minister with the agreement of the Treasurer.\n> \n> > (2) Subject to subsection (4), the Trust may, in its discretion, allocate money in the Fund to expenditure for—\n> > \n> > > (a) the associated Trusts estate, and\n> > \n> > > (b) the GSPT estate.\n> \n> > (3) Subject to subsection (6), the Trust must ensure that, in allocating money from a separate account in the Fund, priority is given to—\n> > \n> > > (a) for a separate account established for an associated Trust or park—the associated Trust or park for which the separate account was established, or\n> > \n> > > (b) for the separate account established for the Entertainment Quarter—the Trust lands, within the meaning of the [Centennial Park and Moore Park Trust Act 1983](/view/html/inforce/current/act-1983-145).\n> \n> > (4) The Trust must ensure that, in allocating money from a separate account in the Fund—\n> > \n> > > (a) priority is given to the associated Trust or park for which the separate account was established, and\n> > \n> > > (b) if the Trust proposes to allocate money from the separate account to an associated Trust or park other than the associated Trust or park for which the separate account was established—\n> > > \n> > > > (i) a community trustee board established for the part of the parklands estate administered by the associated Trust or park has been given written notice of the proposal to allocate money in that way, and\n> > > \n> > > > (ii) the community trustee board has not, within 14 days after receiving the notice, objected to the allocation of the money in that way.\n> \n> > (5) To avoid doubt, if a community trustee board objects under subsection (4)(b) to the allocation of money in a way, the Trust must not under subsection (4) allocate the money in that way.\n> \n> > (6) In administering the Fund, the Trust must ensure—\n> > \n> > > (a) there is adequate funding for each of the associated Trusts, and\n> > \n> > > (b) the overall sustainability of the Trust and the associated Trusts.","sortOrder":60},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforcement and legal proceedings","content":"# Part 6 Enforcement and legal proceedings\n\nPart 6 Enforcement and legal proceedings","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"Appointment","content":"#### 47 Appointment\n\n47 Appointment\n\n> The Trust may appoint the following to be a ranger for this Act—\n> \n> > (a) a person employed in the Public Service,\n> \n> > (b) a person who is a member of a class prescribed by the regulations.","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Functions","content":"#### 48 Functions\n\n48 Functions\n\n> A ranger has the functions conferred by—\n> \n> > (a) this Act, or\n> \n> > (b) the regulations.","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"Identification card","content":"#### 49 Identification card\n\n49 Identification card\n\n> > (1) The Trust must issue each ranger with an identification card.\n> \n> > (2) An identification card must—\n> > \n> > > (a) state that it is issued under this Act, and\n> > \n> > > (b) state the name of the person to whom it is issued, and\n> > \n> > > (c) describe the nature of the functions conferred on the person, and\n> > \n> > > (d) state the date on which the card expires, and\n> > \n> > > (e) be signed by the chief executive.\n> \n> > (3) In exercising functions under this Act, a ranger must, if asked by a person affected by the exercise of a function, produce the ranger’s identification card to the person.","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Requirement to state name and address","content":"#### 50 Requirement to state name and address\n\n50 Requirement to state name and address\n\n> > (1) An authorised officer who reasonably suspects a person of having committed an offence against this Act or the regulations may require the person to state the person’s full name and residential address.\n> \n> > (2) An authorised officer may require the driver of a vehicle on the GSPT estate to—\n> > \n> > > (a) produce the driver’s driver licence, and\n> > \n> > > (b) state the driver’s full name and residential address.\n> \n> > (3) A person must not—\n> > \n> > > (a) fail to comply with a requirement under subsection (1) or (2), or\n> > \n> > > (b) in purporting to comply with a requirement under subsection (1) or (2)—\n> > > \n> > > > (i) state a name that is not the person’s name, or\n> > > \n> > > > (ii) state an address that is not the person’s residential address.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (4) A person is not guilty of an offence against this section unless it is established that the authorised officer warned the person that a failure to comply with a requirement of this section is an offence.","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Requirement for owner of vehicle and others to give information","content":"#### 51 Requirement for owner of vehicle and others to give information\n\n51 Requirement for owner of vehicle and others to give information\n\n> > (1) If a driver of a vehicle is alleged to have committed an offence against this Act or the regulations, an authorised officer may require—\n> > \n> > > (a) the owner of the vehicle or another person who has custody of the vehicle to immediately give the officer information about the name and residential address of the driver, or\n> > \n> > > (b) another person to give the officer information that—\n> > > \n> > > > (i) is in the person’s power to give, and\n> > > \n> > > > (ii) may lead to the identification of the driver.\n> \n> > (2) A requirement under subsection (1)(a) may require the owner or other person to give the information in a written statement signed by the owner or person.\n> \n> > (3) A person of whom a requirement is made under subsection (1)(a) or (b) must, unless the person has a reasonable excuse, comply with the requirement.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (4) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant satisfies the court the defendant did not know, and could not with reasonable diligence have ascertained, the driver’s name or residential address.\n> \n> > (5) If a written statement purporting to be given under subsection (1)(a) and to contain the name and residential address of the driver of a vehicle at the time of the commission of an alleged offence against this Act or the regulations is produced in a court in proceedings against the person named in the statement as the driver for the offence, the statement is evidence, without proof of signature, that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.","sortOrder":68},{"sectionNumber":"52","sectionType":"section","heading":"Penalty notices","content":"#### 52 Penalty notices\n\n52 Penalty notices\n\n> > (1) A authorised officer may issue a penalty notice to a person if it appears to the authorised officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations.\n> \n> > (5) The amount prescribed under subsection (4) must not be more than the maximum amount of penalty that could be imposed for the offence by a court.\n> \n> > (6) This section does not limit the operation of another provision of, or made under, this Act or another Act relating to proceedings that may be taken for offences.","sortOrder":69},{"sectionNumber":"53","sectionType":"section","heading":"Liability of vehicle owner for certain offences","content":"#### 53 Liability of vehicle owner for certain offences\n\n53 Liability of vehicle owner for certain offences\n\n> > (1) This section applies if this Act or the regulations provide for an offence in relation to a vehicle.\n> \n> > (2) The person who, at the time of the offence, is the owner of the vehicle is guilty of the offence as if the person were the actual offender.\n> \n> > (3) Subsection (2) does not apply if the owner of the vehicle—\n> > \n> > > (a) for an offence dealt with by penalty notice—\n> > > \n> > > > (i) satisfies the prescribed officer the vehicle was, at the time of the offence, stolen or otherwise illegally taken or used, or\n> > > \n> > > > (ii) within 21 days after receiving the penalty notice, gives the prescribed officer an approved nomination notice containing the name and address of the person who was in charge of the vehicle at the time of the offence, or\n> > > \n> > > > (iii) satisfies the prescribed officer the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) satisfies the court the vehicle was at the time of the offence stolen or otherwise illegally taken or used, or\n> > > \n> > > > (ii) within 21 days after service on the owner of a court attendance notice for the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at the time of the offence, or\n> > > \n> > > > (iii) satisfies the court the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence.\n> \n> > (4) An approved nomination notice may be given by a person issued with a penalty notice within 90 days of the penalty notice being issued if the approved nomination notice is provided in the circumstances specified in the [Fines Act 1996](/view/html/inforce/current/act-1996-099), section 23AA or 23AB.\n> \n> > (5) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or an informant under this section, the prescribed officer or informant may, by written notice served on the owner, require the owner to give a statutory declaration that verifies the nomination contained in the approved nomination notice.\n> \n> > (6) A statutory declaration under subsection (5), if produced in proceedings against the person named in the declaration and in relation to the offence for which the declaration was given, is prima facie evidence that the person was in charge of the vehicle at the time the offence was committed.\n> \n> > (7) An approved nomination notice or a statutory declaration that relates to more than one offence is taken not to be an approved nomination notice or statutory declaration for the purposes of this section.\n> \n> > (8) In this section—\n> > \n> > approved nomination notice has the same meaning as in the [Fines Act 1996](/view/html/inforce/current/act-1996-099), section 38.\n> > \n> > penalty notice means a penalty notice issued under section 50.\n> > \n> > prescribed officer means the prescribed officer referred to in a penalty notice.","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Offences by corporations","content":"#### 54 Offences by corporations\n\n54 Offences by corporations\n\n> > (1) This section applies if a corporation commits an offence against this Act or the regulations.\n> \n> > (2) Each of the following persons is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence—\n> > \n> > > (a) a director of the corporation,\n> > \n> > > (b) another person concerned in the management of the corporation.\n> \n> > (3) Subsection (2) does not apply to an offence against section 51(3).\n> \n> > (4) Proceedings may be brought against a person mentioned in subsection (2), and the person convicted, whether or not—\n> > \n> > > (a) proceedings are brought against the corporation, or\n> > \n> > > (b) the corporation is convicted of an offence.\n> \n> > (5) This section does not affect any liability imposed on a corporation for an offence committed by the corporation.","sortOrder":71},{"sectionNumber":"55","sectionType":"section","heading":"Proceedings for offences","content":"#### 55 Proceedings for offences\n\n55 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.","sortOrder":73},{"sectionNumber":"56","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 56 Proof of certain matters not required\n\n56 Proof of certain matters not required\n\n> In legal proceedings under this Act, proof is not required, unless evidence is given to the contrary, of the following matters—\n> \n> > (a) the constitution of the Trust, Board or a community trustee board,\n> \n> > (b) a resolution of the Board or a community trustee board,\n> \n> > (c) the appointment of, or the holding of office by, a Board member,\n> \n> > (d) the presence of a quorum at a meeting of the Board or a community trustee board,\n> \n> > (e) the appointment of a ranger.","sortOrder":74},{"sectionNumber":"57","sectionType":"section","heading":"Recovery of fees, charges or other monies","content":"#### 57 Recovery of fees, charges or other monies\n\n57 Recovery of fees, charges or other monies\n\n> A charge, fee or other money due to the Trust under this Act is recoverable by the Trust in a court of competent jurisdiction as a debt due to the Crown.","sortOrder":75},{"sectionNumber":"58","sectionType":"section","heading":"Compensation for loss or damage to Trust property","content":"#### 58 Compensation for loss or damage to Trust property\n\n58 Compensation for loss or damage to Trust property\n\n> > (1) This section applies if—\n> > \n> > > (a) a person is convicted of an offence against this Act or the regulations, and\n> > \n> > > (b) the court before which the person was convicted is satisfied the commission of the offence caused or resulted in loss or damage to the GSPT estate or other property of the Trust.\n> \n> > (2) The court may order the person to pay to the Trust the amount the court thinks appropriate by way of compensation for the loss or damage.\n> \n> > (3) The court may make an order under subsection (2) whether or not it imposes a penalty for the offence.\n> \n> > (4) An order made by a court under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), section 10 in proceedings for an offence against this Act or the regulations is, for subsection (1), taken to be a conviction of the offence.","sortOrder":76},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":77},{"sectionNumber":"59","sectionType":"section","heading":"Personal liability","content":"#### 59 Personal liability\n\n59 Personal liability\n\n> > (1) A thing done or omitted to be done by a relevant person does not subject the relevant person personally to an action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purposes of this Act or associated Trusts legislation.\n> \n> > (2) In this section—\n> > \n> > relevant person means the following—\n> > \n> > > (a) a Board member,\n> > \n> > > (b) a member of a committee established by the Trust, including a community trustee board,\n> > \n> > > (c) a person employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Trust to exercise its functions,\n> > \n> > > (d) a person acting under the direction of a person mentioned in paragraph (a)–(c).","sortOrder":78},{"sectionNumber":"60","sectionType":"section","heading":"Review of Act","content":"#### 60 Review of Act\n\n60 Review of Act\n\n> > (1) A Joint Select Committee of the Parliament is to be established in relation to the Greater Sydney Parklands Trust.\n> \n> > (2) The Joint Select Committee is to review the Act to determine whether—\n> > \n> > > (a) the policy objectives of the Act remain valid, and\n> > \n> > > (b) the terms of the Act remain appropriate for securing those objectives.\n> \n> > (3) The review is to be undertaken as soon as practicable after the period of 2 years from the commencement of this Act.\n> \n> > (4) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.","sortOrder":79},{"sectionNumber":"61","sectionType":"section","heading":"Regulations","content":"#### 61 Regulations\n\n61 Regulations\n\n> > (1) The Governor may make regulations about a matter that is—\n> > \n> > > (a) required or permitted by this Act to be prescribed, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may provide for the following—\n> > \n> > > (a) the fees and charges that may be imposed for the purposes of this Act,\n> > \n> > > (b) regulating the use by the public of, and the conduct of the public on, the parklands estate,\n> > \n> > > (c) regulating the use of the Trust’s facilities and the provision of services by the Trust,\n> > \n> > > (d) requiring the payment of charges for the use of a facility operated, or service provided, by the Trust,\n> > \n> > > (e) authorising a person granted a lease, licence or other authority by the Trust to require the payment of charges for the use of a facility operated, or service provided, under the lease, licence or other authority.\n> \n> > (3) The regulations may create offences punishable by a maximum penalty of 50 penalty units.","sortOrder":80},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of Board","content":"# Schedule 1 Constitution and procedure of Board\n\nSchedule 1 Constitution and procedure of Board\n\nsection 8(5)","sortOrder":81},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Constitution and procedure of community trustee boards","content":"# Schedule 2 Constitution and procedure of community trustee boards\n\nSchedule 2 Constitution and procedure of community trustee boards\n\nsection 31(2)(b)","sortOrder":102},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions","sortOrder":122},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 4 Dictionary\n\nSchedule 4 Dictionary\n\nsection 4\n\nappointed member—see section 8(3)(b).\n\napproved consultation and engagement framework means the consultation and engagement framework prepared by the Trust and approved by the Minister under Part 4, Division 1.\n\napproved plan of management means a plan of management approved by the Minister.\n\nassociated Trust means a Trust within the meaning of the associated Trusts legislation.\n\nassociated Trusts estate means all land owned or managed by the associated Trusts under the associated Trusts legislation.\n\nassociated Trusts legislation means the following Acts, and regulations made under the Acts—\n\n> (a) the [Callan Park (Special Provisions) Act 2002](/view/html/inforce/current/act-2002-139),\n\n> (b) the [Centennial Park and Moore Park Trust Act 1983](/view/html/inforce/current/act-1983-145),\n\n> (c) the [Parramatta Park Trust Act 2001](/view/html/inforce/current/act-2001-017),\n\n> (d) the [Western Sydney Parklands Act 2006](/view/html/inforce/current/act-2006-092).\n\nauthorised officer means—\n\n> (a) a ranger, or\n\n> (b) a police officer.\n\nauthorised person means—\n\n> (a) a Board member, or\n\n> (b) a person employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Trust to exercise its functions, or\n\n> (c) the head of a government sector agency or another member of the staff of a government sector agency, or\n\n> (d) a person who is a member of a class of persons prescribed by the regulations.\n\nBoard means the Board of the Trust established under section 8.\n\nBoard member means a person who is a member of the Board under section 8(3).\n\nchief executive means the chief executive of the Trust under section 13.\n\ncommunity trustee board means a board established under section 37.\n\nEntertainment Quarter means the land located at 122 Lang Road, Moore Park known as “The Entertainment Quarter”.\n\nNote—\n\nA map showing the land located within the Entertainment Quarter is available at entertainmentquarter.com.au\n\nentity includes—\n\n> (a) a person, and\n\n> (b) an unincorporated body.\n\nexercise a function includes perform a duty.\n\nfunction includes a power, authority or duty.\n\nFund—see section 43.\n\ngovernment sector agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 3(1) and includes a State owned corporation.\n\nGreater Sydney means the area consisting of—\n\n> (a) the Greater Sydney Region within the meaning of the [Greater Sydney Commission Act 2015](/view/html/repealed/current/act-2015-057), and\n\n> (b) the Central Coast local government area.\n\nGreater Sydney Parklands Trust means the Greater Sydney Parklands Trust constituted under section 5.\n\nGSF agency has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n\nGSPT estate means—\n\n> (a) all parklands directly owned or managed by the Trust, and\n\n> (b) supplementary land.\n\nowner, of a vehicle, includes the responsible person for the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n\nparklands estate means all parklands owned or managed by the Trust, including—\n\n> (a) parklands directly owned or managed by the Trust, and\n\n> (b) the associated Trusts estate.\n\nprivate subsidiary corporation means a private corporation in which the Trust has a controlling interest.\n\nranger means a person appointed under section 47.\n\nrelevant parkland, for a community trustee board, means—\n\n> (a) if the community trustee board is established for the whole of the parklands estate—the parklands estate, or\n\n> (b) if the community trustee board is established for a part of the parklands estate or an individual park—the part of the parklands estate or individual park for which the board is established.\n\nsupplementary land means land outside the parklands estate that is owned or managed by the Trust.\n\nTrust means the Greater Sydney Parklands Trust.\n\n**sch 4:** Am 2023 No 35, Sch 2.4.","sortOrder":130},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5 (Repealed)\n\n**sch 5:** Am 2022 No 26, Sch 2.11. Rep 1987 No 15, sec 30C.","sortOrder":131}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The law has been amended five times between April 2022 and May 2024, and a further Amendment (Review) Bill was introduced in 2026. This pattern of repeated amendment suggests the original scope has been expanded or refined over time, likely reflecting practical challenges in consolidating multiple parkland management bodies under a single Trust. The 2026 review Bill in particular indicates the original framework may require more significant structural adjustment than initially anticipated."},"complexity_factors":["Establishment of a new statutory body (the Trust) with its own legal powers, functions, and governance structure","Interaction with other legislation governing land management, planning, and environmental protection in NSW","Multiple amendments since commencement (six versions in two years), indicating evolving scope and ongoing legislative refinement","Ministerial oversight and direction powers create layers of administrative complexity","Commercial leasing and licensing powers within public land add a layer of property and contract law","Limited substantive text available for analysis — complexity assessment is partially constrained by metadata-only content provided"],"plain_english_summary":"The Act creates the Greater Sydney Parklands Trust, a single government body that manages major parklands across Greater Sydney. It replaces a patchwork of authorities to provide consistent stewardship, unified rules for use and commercial arrangements, and a single point of accountability to the Minister.\n\nIt affects Sydney residents, park businesses and operators, local councils, and community and environmental groups — balancing public access and enjoyment with conservation. The framework has been amended since 2022 and remains under review."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as expressed in the objects clause (section 3). It establishes the Greater Sydney Parklands Trust to consolidate management of major Sydney parklands, facilitate First Nations connection to Country, ensure ecological sustainability, and improve community engagement. The scope has not expanded beyond this core purpose, though the detailed implementation through regulations and frameworks will develop over time."},"complexity_factors":["Multiple overlapping estates: The Act distinguishes between 'GSPT estate' (directly owned), 'associated Trusts estate' (managed under other Acts), and 'parklands estate' (combined), requiring careful tracking of which rules apply where","Extensive cross-referencing: Heavy reliance on external legislation including the Government Sector Finance Act 2018, Government Sector Employment Act 2013, Land Acquisition (Just Terms Compensation) Act 1991, and four separate 'associated Trusts' Acts","Conditional financial allocations: Section 46 contains nested conditions for allocating money between park accounts, including 14-day objection periods for community trustee boards","Dual governance structures: Parallel but distinct provisions for the main Board (Schedule 1) and community trustee boards (Schedule 2), with slightly different rules for disclosure, removal, and procedure","Delegated legislative framework: Many operational details left to regulations, including fees, offences, and ranger appointment classes (section 61)","Transitional provisions with time limits: Special rules for first meetings, plan of management deadlines, and a 2-year review window for adding new parks (Schedule 3)","27 defined terms in Schedule 4, several incorporating definitions from other Acts by reference"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new government body called the **Greater Sydney Parklands Trust** to manage and improve major parks across Greater Sydney. It brings together several existing park trusts under one umbrella organisation while keeping them as separate legal entities.\n\n**Who it affects:**\n\n- **The public** — anyone who uses Sydney's major parks (Centennial Park, Moore Park, Parramatta Park, Western Sydney Parklands, Callan Park, and potentially others)\n- **First Nations peoples** — the Act specifically requires the Trust to facilitate connection to Country and partner with Aboriginal communities\n- **Local communities** — through new \"community trustee boards\" that advise on park management\n- **Local councils and government agencies** — who must consult with the Trust on planning decisions affecting parklands\n- **Businesses and lessees** — who can lease parkland facilities subject to strict conditions\n\n**Key things the law does:**\n\n- **Creates the Trust** as a government agency and corporation that can own land, enter contracts, and operate businesses (sections 5–6)\n- **Sets up governance** including a Board with expertise in environment, finance, heritage and community consultation, plus local community boards for each major park (sections 8–9, 37–42)\n- **Protects parkland** — the Trust cannot sell parkland, and any leases over 25 years need Ministerial approval. Leases over 10 years need open tender (sections 21–23)\n- **Requires planning** — each park must have an approved plan of management setting out permitted uses and maximum land allocations (section 24)\n- **Mandates community consultation** — the Trust must develop and publish a framework for engaging with the public, and must consult community boards on major decisions (sections 29–36)\n- **Establishes a dedicated fund** — the Greater Sydney Parklands Trust Special Deposits Fund, with separate accounts for each park to ensure money raised in one park is generally spent there (sections 43–46)\n- **Provides enforcement powers** — rangers can issue penalty notices, demand names and addresses, and vehicle owners can be held liable for offences (sections 47–58)\n\n**Why it matters:**\n\nThis is a major restructuring of how Sydney's iconic parklands are governed. It aims to deliver better coordinated, more sustainable, and more community-responsive park management across Greater Sydney, while ensuring First Nations cultural heritage is recognised and protected. The \"no net loss\" requirement for natural environment (section 15) and the prohibition on selling parkland (section 23) are significant protections."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expands and centralises parkland management by transferring or consolidating the functions of associated Trusts into the Greater Sydney Parklands Trust (s16), empowers the Trust to acquire and own new parks (s18), to enter commercial arrangements and form private subsidiaries (s11, s28), while expressly prohibiting sale of the parklands estate (s23) and imposing new consultation, planning and financial-account structures (Part 3; Part 4; s43–46)."},"complexity_factors":["Consolidation and transfer of functions from multiple associated trusts into a single Trust (s16) increases institutional scope and legal interactions.","Wide delegation and delivery options: direct exercise, authorised persons, private subsidiary corporations, joint ventures and partnerships (s10, s11, s28) create layered governance and contractual complexity.","Significant Ministerial discretion over appointments, removals, approvals and consent for long leases and subsidiary transactions (s7, s8(3)–(5), s21(2)–(3), s28(1)–(2)).","Detailed financial architecture with a Special Deposits Fund and separate accounts, allocation priorities and community objection rights (s43–46) imposes accounting and inter-account governance duties.","Mandated consultation and community trustee board regime with procedural rules, reporting and timelines (Part 4: s29–36; s37–41; Sch 2) increases procedural compliance and stakeholder management burden.","Land powers: acquisition (voluntary and compulsory), management agreements with agencies, prohibition on disposal (s18, s20, s23) create legal limits and transactional constraints.","Procurement and access constraints: open tender requirement for leases and longer licences (s22) and obligations on government agencies to consult (s25) affect commercial timelines and competitive processes.","Enforcement and regulatory layer with authorised officers/rangers, penalty notices, owner‑liability for vehicle offences and court processes (s47–56, s61) adds compliance and sanctions risk.","Interplay and exceptions with other statutes (e.g. Public Works & Procurement Act exemptions at s18(4)–(5); references to Government Sector Finance/Employment Acts) increases statutory cross‑reference complexity.","Transitional and review mechanisms, including time‑limited regulation‑making power and scheduled reviews/establishment tasks (Sch 3: cl 1–5; cl 2–5), create staged implementation obligations."],"plain_english_summary":"Mechanically, the Act creates the Greater Sydney Parklands Trust as a corporate NSW Government agency to acquire, own and manage parklands across Greater Sydney, consolidate the functions of existing associated park trusts, run commercial activities, grant leases and charge fees. It establishes a Minister‑appointed Board, community trustee boards and a mandated consultation framework. \n\nIt affects park users, local councils, government agencies, lessees and adjacent landowners: the Minister controls policy (s7), the Trust can levy fees (s15(1)(n); s61(2)(a)), require open tender for longer leases (s22) and form private subsidiaries (s28), shifting commercial and compliance responsibilities to the Trust and contracting parties."}},"importantCases":[],"_links":{"self":"/api/acts/greater-sydney-parklands-trust-act-2022","history":"/api/acts/greater-sydney-parklands-trust-act-2022/history","analysis":"/api/acts/greater-sydney-parklands-trust-act-2022/analysis","conflicts":"/api/acts/greater-sydney-parklands-trust-act-2022/conflicts","importantCases":"/api/acts/greater-sydney-parklands-trust-act-2022/important-cases","documents":"/api/acts/greater-sydney-parklands-trust-act-2022/documents"}}