{"id":"nsw:act-1980-019","name":"Royal Botanic Gardens and Domain Trust Act 1980","slug":"royal-botanic-gardens-and-domain-trust-act-1980","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"19 of 1980","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108121,"registerId":"nsw-act-1980-019-current","compilationNumber":null,"startDate":"2026-04-03","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 may be cited as the [Royal Botanic Gardens and Domain Trust Act 1980](/view/html/inforce/current/act-1980-019).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Executive Director means the person employed in the Public Service as the Executive Director of the Royal Botanic Gardens and Domain.\n> > \n> > regulation means a regulation made under this Act.\n> > \n> > Trust means the Royal Botanic Gardens and Domain Trust constituted by section 5.\n> > \n> > Trust lands means the land described in Parts 1, 2 and 3 of Schedule 2, any land for the time being included in Part 5 of that Schedule and any other land acquired by the Trust.\n> > \n> > trustee means a trustee referred to in section 6.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to the land described in Part 1 or 2 of Schedule 2 does not include a reference to so much of that land as is described in Part 4 of that Schedule or any land for the time being included in Part 5 of that Schedule, and\n> > \n> > > (b) a reference to a Deposited Plan is a reference to a plan filed in the Land Titles Office as a deposited plan.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 1996 No 20, Sch 2 \\[1\\]; 1997 No 131, Sch 1 \\[1\\] \\[2\\]; 2003 No 82, Sch 1.33 \\[1\\] \\[2\\]; 2006 No 2, Sch 4.57 \\[1\\]; 2007 No 27, Sch 2.45; 2015 No 15, Sch 3.52 \\[1\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Royal Botanic Gardens and Domain Trust","content":"# Part 2 The Royal Botanic Gardens and Domain Trust\n\nPart 2 The Royal Botanic Gardens and Domain Trust","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Trust","content":"#### 5 Constitution of Trust\n\n5 Constitution of Trust\n\n> > (1) There is hereby constituted a corporation with the corporate name “Royal Botanic Gardens and Domain Trust”.\n> \n> > (2) The Trust shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on it by or under this or any other Act.\n> \n> > (3) In the exercise and performance of its powers, authorities, duties and functions the Trust shall be subject to the control and direction of the Minister.\n> \n> > (4) The Trust shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Appointment and procedure","content":"#### 6 Appointment and procedure\n\n6 Appointment and procedure\n\n> > (1) The Trust shall consist of 7 trustees, who shall be appointed by the Governor on the recommendation of the Minister.\n> \n> > (2) Schedule 1 has effect.\n> \n> **s 6:** Am 1983 No 9, Sch 1 (1).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Principal objects of Trust","content":"#### 7 Principal objects of Trust\n\n7 Principal objects of Trust\n\n> > (1) The principal objects of the Trust are—\n> > \n> > > (a) to maintain and improve the Trust lands, the National Herbarium and the collections of living and preserved plant life owned by the Trust,\n> > \n> > > (b) to increase and disseminate knowledge with respect to the plant life of Australia, and of New South Wales in particular, and\n> > \n> > > (c) to encourage the use and enjoyment of the Trust lands by the public by promoting and increasing the educational, historical, cultural and recreational value of those lands.\n> \n> > (2) When acting in pursuance of its objects, the Trust shall give particular emphasis to encouraging and advancing the study of systematic botany, and to plant conservation.\n> \n> **s 7:** Am 1996 No 20, Sch 1 \\[1\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Trust","content":"#### 8 Powers of Trust\n\n8 Powers of Trust\n\n> > (1) The Trust may—\n> > \n> > > (a) permit the use of the whole or any part of the Trust lands for activities of a scientific, educational, historical, cultural or recreational nature,\n> > \n> > > (b) in or in connection with the Trust lands provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,\n> > \n> > > (c) in pursuance of its objects, procure specimens and obtain scientific data from within or outside the State,\n> > \n> > > (d) maintain, or make arrangements for the maintenance of, the property of the Trust,\n> > \n> > > (e) in pursuance of its objects, carry out surveys, assemble collections and engage in scientific research, including research outside the State, with respect to botany and ornamental horticulture,\n> > \n> > > (f) disseminate scientific information to the public and educational and scientific institutions, whether within or outside the State,\n> > \n> > > (g) promote and provide exhibits, lectures, films, publications and other types of educational instruction relating to botany and ornamental horticulture,\n> > \n> > > (h) subject to the regulations, charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees or other amounts shall be the property of the Trust, and\n> > \n> > > (i) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.\n> \n> > (2) Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.\n> \n> > (3) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.\n> \n> > (4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.\n> \n> > (5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).\n> \n> > (6) The [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.\n> \n> > (7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise and perform its powers, authorities, duties and functions.\n> \n> > (8) A person may be appointed to a committee whether or not the person is a trustee.\n> \n> > (9) The Trust may establish, control and manage branches or departments with respect to the Trust lands, or any part thereof.\n> \n> > (10) The Trust shall have, and may exercise and perform, such powers, authorities, duties and functions, in addition to those specified in this section, as are reasonably necessary for the attainment of its objects, but may borrow money only in accordance with Part 4.\n> \n> > (11) (Repealed)\n> \n> **s 8:** Am 2006 No 2, Sch 4.57 \\[2\\]; 2015 No 15, Sch 3.52 \\[2\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Disposal of certain land prohibited","content":"#### 9 Disposal of certain land prohibited\n\n9 Disposal of certain land prohibited\n\n> 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.\n> \n> **s 9:** Subst 1996 No 20, Sch 1 \\[2\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Dealings with certain property","content":"#### 10 Dealings with certain property\n\n10 Dealings with certain property\n\n> > (1) In this section, condition means a condition to which the Trust has agreed under section 8 (3).\n> \n> > (2) Subsection (3) does not apply to the Trust lands described in Schedule 2.\n> \n> > (3) Subject to subsection (4), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any real property otherwise acquired, except—\n> > \n> > > (a) where the property was acquired without any condition—with the approval of the Governor (which may be given in respect of any case or class of cases), or\n> > \n> > > (b) where the property was acquired subject to a condition—in accordance with the condition or section 11.\n> \n> > (4) Subject to section 8 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Disposal of certain property","content":"#### 11 Disposal of certain property\n\n11 Disposal of certain property\n\n> > (1) Subject to subsection (2), where the Trust resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 8 (3) is not required for the purposes of the Trust, the Trust may—\n> > \n> > > (a) sell the property and retain the proceeds of the sale as property of the Trust,\n> > \n> > > (b) exchange the property for other property,\n> > \n> > > (c) give the property to an educational or scientific institution, or\n> > \n> > > (d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration,\n> > \n> > notwithstanding the condition subject to which the property was acquired.\n> \n> > (2) The Trust shall not sell, exchange, give or dispose of any property under subsection (1) except with the consent of the Governor and in accordance with any condition the Governor may impose upon the grant of consent.\n> \n> > (3) The Governor may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition the Governor thinks fit upon the grant of consent.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"# Part 3 Administration\n\nPart 3 Administration","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Staff","content":"#### 12 Staff\n\n12 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> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) 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. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Trust from employing staff.\n> \n> **s 12:** Am 1996 No 20, Sch 2 \\[2\\] \\[3\\]; 2003 No 82, Sch 1.33 \\[3\\]. Rep 2006 No 2, Sch 4.57 \\[3\\]. Ins 2015 No 15, Sch 3.52 \\[3\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Executive Director","content":"#### 13 Executive Director\n\n13 Executive Director\n\n> > (1) The Executive Director is responsible for the administration and management of the Trust lands and any services provided in conjunction therewith.\n> \n> > (2) The Executive Director is, in the exercise and performance of the Executive Director’s powers, authorities, duties and functions under this Act, subject to the control and direction of the Trust.\n> \n> > (3) The Executive Director may also be referred to as the Chief Executive of the Royal Botanic Gardens and Domain.\n> \n> **s 13:** Am 2003 No 82, Sch 1.33 \\[4\\] \\[5\\]; 2023 No 35, Sch 1.18.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Delegation by Trust","content":"#### 14 Delegation by Trust\n\n14 Delegation by Trust\n\n> > (1) The Trust may, by instrument in writing, delegate to a trustee or to an authorised person the exercise or performance of such of its powers (other than this power of delegation), authorities, duties or functions as are specified in the instrument of delegation and may, by a like instrument, revoke wholly or partly any such delegation.\n> \n> > (2) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstances, as are specified in the instrument of delegation.\n> \n> > (3) A power, authority, duty or function the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.\n> \n> > (4) Notwithstanding any delegation under this section, the Trust may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.\n> \n> > (5) Any act or thing done or suffered by a delegate under this section has the same force and effect as if the act or thing had been done or suffered by the Trust and shall be deemed to have been done or suffered by the Trust.\n> \n> > (6) In this section, authorised person means the Executive Director or any other member of staff of the Trust.\n> \n> **s 14:** Am 2006 No 2, Sch 4.57 \\[4\\] \\[5\\]; 2015 No 15, Sch 3.52 \\[4\\].","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Finance","content":"# Part 4 Finance\n\nPart 4 Finance","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Endowment","content":"#### 15 Endowment\n\n15 Endowment\n\n> > (1) For the purpose of providing a statutory fund to be applied by the Trust towards—\n> > \n> > > (a) the purchase and acquisition of specimens,\n> > \n> > > (b) the remuneration, if any, to be paid under clause 5 of Schedule 1 to trustees and members of committees established under section 8 who are not trustees, and\n> > \n> > > (c) subject to subsection (2), other expenditure incurred by the Trust,\n> > \n> > there shall be paid by the Treasurer to the Trust an annual endowment of such amount as Parliament approves.\n> \n> > (2) The statutory fund referred to in subsection (1) may not be applied towards—\n> > \n> > > (a) the remuneration of any member of staff of the Trust, or\n> > \n> > > (b) general operating expenses, including those related to the maintenance of the Trust lands or other property of the Trust.\n> \n> > (3) The annual endowment referred to in subsection (1) shall be paid by such instalments as the Treasurer thinks fit.\n> \n> > (4) Any money payable by the Treasurer under this section shall be paid out of money provided by Parliament.\n> \n> **s 15:** Am 2006 No 2, Sch 4.57 \\[6\\]; 2015 No 15, Sch 3.52 \\[5\\].","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Financial year","content":"#### 17 Financial year\n\n17 Financial year\n\n> > (1)–(7) (Repealed)\n> \n> > (8) The financial year of the Trust shall be the year commencing on 1st July.\n> \n> **s 17:** Am 1983 No 153, Sch 1.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Vesting of certain land in Trust","content":"#### 19 Vesting of certain land in Trust\n\n19 Vesting of certain land in Trust\n\n> > (1) The land described in Parts 1, 2 and 3 of Schedule 2 shall vest in the Trust for an estate in fee simple.\n> \n> > (1A) Land described in Part 1, 2 or 3 of Schedule 2 is freed and discharged from any trusts, obligations, estates, interests, charges and rates which existed in respect of the land immediately before a description of the land was first inserted in that Schedule.\n> \n> > (1B) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 2 for the purpose of adding—\n> > \n> > > (a) Crown land, within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or other land of the Crown, or\n> > \n> > > (b) Trust lands which are not described in Part 1, 2 or 3 of that Schedule,\n> > \n> > to the land for the time being described in Part 1, 2 or 3 of that Schedule.\n> \n> > (1C) A proclamation that adds any of the land described in Part 5 of Schedule 2 to Part 1 or 2 of that Schedule also has the effect of excluding the land from Part 5 of that Schedule.\n> \n> > (2) Notwithstanding anything contained in any other Act, the land described in Parts 1, 2 and 3 of Schedule 2 shall not be appropriated or resumed except by an Act of Parliament.\n> \n> > (3) Nothing in this section affects the operation of—\n> > \n> > > (a) section 12B of the [Government Railways Act 1912](/view/pdf/asmade/act-1912-30), with respect to the land described in Part 1 or 2 of Schedule 2, or\n> > \n> > > (b) clause 3 (2) (e) of Schedule 3, with respect to a deed of lease in force immediately before the commencement of this section that relates to any part of that land.\n> \n> > (4) Notwithstanding subsection (1A), the land described in items 1 and 2 of Part 3 of Schedule 2 shall vest in the Trust subject to the same reservations and conditions as those contained in the Crown Grant of Portion 68 of the Parish of Irvine in the County of Cook dated 25 February 1836.\n> \n> > (5) Notwithstanding subsection (1A), land (in this subsection referred to as proclaimed land) added to the land described in Part 1, 2 or 3 of Schedule 2 by a proclamation published under subsection (1B) shall vest in the Trust subject to such trusts, obligations, estates, interests, charges and rates, if any, as are declared in the proclamation to be applicable to or in respect of the proclaimed land.\n> \n> > (6) Subsection (1A) does not affect any condition agreed to by the Trust under section 8 (3) in relation to any land to which subsection (1A) applies.\n> \n> **s 19:** Am 1985 No 3, Sch 1 (1); 1997 No 131, Sch 1 \\[3\\]; 2009 No 56, Sch 4.61; 2017 No 17, Sch 4.86.","sortOrder":26},{"sectionNumber":"19A","sectionType":"section","heading":"Facilitation of Sydney Metro West","content":"#### 19A Facilitation of Sydney Metro West\n\n19A Facilitation of Sydney Metro West\n\n> > (1) Despite section 19(2), the substratum of the Trust lands, or a part of the substratum of the Trust lands, may be acquired by Sydney Metro for underground rail facilities in relation to the Sydney Metro West.\n> \n> > (2) In this section—\n> > \n> > underground rail facilities has the same meaning as in the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), Schedule 6B.\n> \n> **s 19A:** Ins 2022 No 50, Sch 1.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Grant of leases, licences and easements","content":"#### 20 Grant of leases, licences and easements\n\n20 Grant of leases, licences and easements\n\n> > (1) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> > (2) The Trust may grant—\n> > \n> > > (a) a lease of any part of the Trust lands for a commercial purpose (such as a restaurant), or any other purpose, that would directly or indirectly assist in attaining the objects of the Trust, and\n> > \n> > > (b) easements through, upon or in the Trust lands described in Schedule 2—\n> > > \n> > > > (i) for the construction of pipelines, the laying or re-laying of cables or the construction of any apparatus to be used in connection with those pipelines or cables,\n> > > \n> > > > (ii) for the purpose of providing access to the dwelling situated on or within those lands or to other places situated within or adjacent to those lands, or\n> > > \n> > > > (iii) for any other purpose it considers necessary and that would directly or indirectly assist in the attainment of its objects, and\n> > \n> > > (c) licences authorising entry upon the Trust lands described in Schedule 2 for the purpose of the maintenance, re-laying or repair of any pipelines or cables or the maintenance or repair of any apparatus used in connection therewith, being pipelines, cables or apparatus situated on or in those lands at the commencement of this section, or for any other purpose that would directly or indirectly assist in the attainment of its objects.\n> \n> > (3) A lease granted pursuant to subsection (2) (a) may not have a term that, together with the term of any further lease which may be granted pursuant to an option contained in the lease, exceeds 50 years.\n> \n> > (3A) Also, a lease under subsection (2)(a) or a licence under subsection (2)(c) may not be granted for a term of more than 5 years unless the Minister has consented to the lease or licence.\n> \n> > (4) Sections 88A and 181A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) apply to and in respect of an instrument purporting to grant an easement under subsection (2).\n> \n> **s 20:** Am 1985 No 3, Sch 1 (2); 1996 No 20, Sch 1 \\[3\\] \\[4\\]; 1997 No 17, Sch 2.6; 1999 No 71, Sch 1 \\[1\\]–\\[3\\]; 2024 No 86, Sch 1\\[1\\]–\\[3\\].","sortOrder":28},{"sectionNumber":"20AA","sectionType":"section","heading":"Open tender process to be used for leases and certain licences","content":"#### 20AA Open tender process to be used for leases and certain licences\n\n20AA 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 any part of the Trust lands unless the granting of the lease or licence has been the subject of an open tender process.\n> \n> Note—\n> \n> See also section 20A(5)–(8) which requires the Trust to give public notice of any proposed lease of Trust lands.\n> \n> **s 20AA:** Ins 2024 No 86, Sch 1\\[4\\].","sortOrder":29},{"sectionNumber":"20AB","sectionType":"section","heading":"Leases and licences with term of 35 years or more","content":"#### 20AB Leases and licences with term of 35 years or more\n\n20AB Leases and licences with term of 35 years or more\n\n> > (1) The Trust must not grant a lease or licence with a term of 35 years or more over Trust lands unless the requirements of this section are met.\n> \n> > (2) The Trust must prepare a draft written statement (a draft statement of reasons) that sets out how the proposed lease or licence is consistent with the objects of the Trust set out in section 7.\n> \n> > (3) The Trust must—\n> > \n> > > (a) make the draft statement of reasons publicly available for a period of at least 7 days, and\n> > \n> > > (b) ensure the draft statement of reasons is accompanied by an outline of the following—\n> > > \n> > > > (i) details of the lessee or licensee and the land the subject of the proposed lease or licence,\n> > > \n> > > > (ii) the period of the proposed lease or licence,\n> > > \n> > > > (iii) the uses of the land permitted by the proposed lease or licence, and\n> > \n> > > (c) invite the public to provide comments about the proposed lease or licence within 7 days after the draft statement of reasons is made publicly available.\n> \n> > (4) Without limiting subsection (3)(a), the Trust may make the draft statement of reasons publicly available by publishing the statement on—\n> > \n> > > (a) the Trust’s website, or\n> > \n> > > (b) a website used by the Department of Planning, Housing and Infrastructure.\n> \n> > (5) After considering any comments received under subsection (3)(c), the Trust must finalise the statement of reasons, including by providing in the statement an outline of—\n> > \n> > > (a) the consultation undertaken, and\n> > \n> > > (b) the comments, if any.\n> \n> > (6) The Trust must give the statement of reasons to the Minister when seeking the Minister’s approval under section 20(3A) for the lease or licence to which the statement relates.\n> \n> **s 20AB:** Ins 2024 No 86, Sch 1\\[4\\].","sortOrder":30},{"sectionNumber":"20A","sectionType":"section","heading":"Power to grant certain longer-term leases","content":"#### 20A Power to grant certain longer-term leases\n\n20A Power to grant certain longer-term leases\n\n> > (1) (Repealed)\n> \n> > (2) A lease in respect of any of the following parts of the Trust lands may be granted under section 20 (2) for any term that, together with the term of any further lease that may be granted on the exercise of an option contained in the lease, does not exceed 50 years—\n> > \n> > > (a) such part of the Trust lands described in Part 2 of Schedule 2 as was, immediately before the commencement of this section, used for the purposes of, or for purposes connected with, the operation and maintenance of the car parking station known as the Domain Parking Station (including the moving footway leading to that car parking station),\n> > \n> > > (b) such part of the Trust lands described in Part 2 of Schedule 2 as, immediately before the commencement of this section, contained the fuel oil installations constructed by or on behalf of the Commonwealth, together with such other part of those lands as may be necessary for the purposes of, or for purposes connected with, the use of that land,\n> > \n> > > (c) such parts of the Trust lands described in Part 2 of Schedule 2 as were, immediately before the commencement of this section, used to support the land bridge erected, near the Art Gallery of New South Wales, over part of the road link (or the proposed road link) between the Cahill Expressway and Mill Pond Road, Botany, known as the Eastern Distributor,\n> > \n> > > (d) such parts of the Trust lands described in Part 2 of Schedule 2 as were, immediately before the commencement of this section, used for the purposes of, or for purposes connected with, the operation and maintenance of the swimming pool known as the Andrew “Boy” Charlton Pool, together with such other part of those lands as may be necessary for the purposes of, or for purposes connected with, the operation and maintenance of that pool as redeveloped as a result of the competition known as the *Andrew “Boy” Charlton Pool Architectural Competition* conducted by the Council of the City of Sydney in 1998,\n> > \n> > > (e) such parts of the Trust lands described in Part 2 of Schedule 2 as are the subject of the development consent granted by the Council of the City of Sydney in relation to Development Application No D97-00511 made by City Projects Division of The City of Sydney and dated 1 August 1997 (concerning the redevelopment of the lands known as Cook and Phillip Parks).\n> \n> > (3) The Minister is to consult the Treasurer in relation to—\n> > \n> > > (a) the use to which the land referred to in subsection (2) (a) and (b) is to be put under a future lease or licence, and\n> > \n> > > (b) the terms and conditions of any proposed lease, or licence for the use, of that land.\n> \n> > (4) The Trust must not, after the commencement of this section—\n> > \n> > > (a) call for expressions of interest in the use, under a future lease or licence, of the land referred to in subsection 2 (a) or (b), or\n> > \n> > > (b) grant a lease, or a licence for the use, of that land,\n> > \n> > unless the Minister has consulted the Treasurer (as required by subsection (3)) in relation to the proposed use of the land, or the proposed lease or licence, concerned.\n> \n> > (5) Further, the Trust must not, after the commencement of this section, grant a lease of any Trust lands unless—\n> > \n> > > (a) it has given public notice of the proposed lease in accordance with subsections (6) and (7), and\n> > \n> > > (b) it has considered any submissions duly made to it under subsection (8), and\n> > \n> > > (c) it has given to the Minister, when seeking the Minister’s approval of the terms and conditions of the proposed lease, copies of any submissions objecting to the proposed lease.\n> \n> > (6) The Trust must—\n> > \n> > > (a) give public notice of a proposed lease by means of a notice published in a manner determined by the Trust, and\n> > \n> > > (b) exhibit notice of the proposed lease on the Trust lands concerned.\n> \n> > (7) A notice of a proposed lease must include the following—\n> > \n> > > (a) information sufficient to identify the Trust lands concerned,\n> > \n> > > (b) the purpose for which the Trust lands will be used under the proposed lease,\n> > \n> > > (c) the term of the proposed lease (including particulars of any options for renewal),\n> > \n> > > (d) the name of the person to whom it is proposed to grant the proposed lease (if known),\n> > \n> > > (e) a statement that submissions in writing concerning the proposed lease may be made to the Trust during the period (which must be at least 28 days) specified in the notice.\n> \n> > (8) Any person may make a submission in writing to the Trust during the period specified for the purpose in the notice.\n> \n> > (9) It is sufficient compliance with subsection (3) if the Minister—\n> > \n> > > (a) notifies the Treasurer in writing of—\n> > > \n> > > > (i) any proposed use of the land concerned under a future lease or licence, and\n> > > \n> > > > (ii) the terms and conditions of any proposed lease, or licence for the use, of that land, and\n> > > \n> > > > (iii) if copies of any submissions relating to a proposed lease of that land have been given to the Minister under subsection (5) (c)—the substance of those submissions, and\n> > \n> > > (b) takes into consideration any comments received from the Treasurer within 28 days after the notification is given.\n> \n> **s 20A:** Ins 1999 No 71, Sch 1 \\[4\\]. Am 2018 No 25, Sch 2.31; 2024 No 86, Sch 1\\[5\\].","sortOrder":31},{"sectionNumber":"20B","sectionType":"section","heading":"Power to accept lease or licence relating to certain land","content":"#### 20B Power to accept lease or licence relating to certain land\n\n20B Power to accept lease or licence relating to certain land\n\n> The Trust may, with the consent of the Minister, from time to time enter into an agreement as lessee, sub-lessee or licensee in respect of the upper surface, and the airspace above the upper surface, of the land bridge erected, near the Art Gallery of New South Wales, over part of the road link (or the proposed road link) between the Cahill Expressway and Mill Pond Road, Botany, known as the Eastern Distributor.\n> \n> **s 20B:** Ins 1999 No 71, Sch 1 \\[4\\].","sortOrder":32},{"sectionNumber":"20C","sectionType":"section","heading":"Requirements relating to grant of licence or easement","content":"#### 20C Requirements relating to grant of licence or easement\n\n20C Requirements relating to grant of licence or easement\n\n> > (1) No later than 3 months after the commencement of this section, the Trust must publish on the Internet site maintained by the Trust a statement that—\n> > \n> > > (a) outlines the criteria by which the Trust assesses proposals or requests for grants of licences for the use of, or easements through, on or in, Trust lands, and\n> > \n> > > (b) states that any person may, at any time, make a submission in writing to the Trust in relation to those criteria, and\n> > \n> > > (c) specifies the number of licences and easements granted by the Trust during the immediately preceding financial year, categorised according to their purpose and impact on Trust lands and (additionally, in the case of licences) their duration.\n> \n> > (2) The statement must be permanently available on the Internet and a written copy of the statement must be permanently available for inspection by the public at the offices of the Trust during ordinary business hours.\n> \n> > (3) The Trust may update the statement as it sees fit, and must update it at least once in every financial year.\n> \n> > (4) In updating the statement, the Trust must take into consideration any submissions received.\n> \n> **s 20C:** Ins 1999 No 71, Sch 1 \\[4\\].","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Facilitation of redevelopment of Conservatorium of Music","content":"#### 21 Facilitation of redevelopment of Conservatorium of Music\n\n21 Facilitation of redevelopment of Conservatorium of Music\n\n> > (1) Nothing in this Act prohibits or restricts—\n> > \n> > > (a) the carrying out, on any land for the time being included in Part 5 of Schedule 2, of development (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) that may be carried out on that land in accordance with that Act with or without development consent, or\n> > \n> > > (b) the granting by the Trust of a lease, easement or licence of any of that land for any term, or any other approval, to allow any such development to be carried out, or\n> > \n> > > (c) the sale or other disposal by the Trust, or the acquisition from the Trust, of any part of that land that is not included in Part 1 or 2 of that Schedule by a proclamation under section 19.\n> \n> > (2) While land is included in Part 5 of Schedule 2, it vests in the Trust for an estate in fee simple freed and discharged from any trusts, obligations, estates, interests, charges and rates that existed in respect of the land before 1 July 1980 (the date of commencement of this Act).\n> \n> > (3) Subsection (2) does not affect any estate or interest in land created by section 12B of the [Government Railways Act 1912](/view/pdf/asmade/act-1912-30).\n> \n> **s 21:** Rep 1996 No 20, Sch 2 \\[4\\]. Ins 1997 No 131, Sch 1 \\[4\\].","sortOrder":34},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 Regulations\n\n22 Regulations\n\n> > (1) In this section, a reference to the Trust lands includes a reference to any part of the Trust lands.\n> \n> > (2) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the use and enjoyment of the Trust lands,\n> > \n> > > (b) the care, control and management of the Trust lands,\n> > \n> > > (c) the securing of decency and order upon the Trust lands,\n> > \n> > > (d) the removal of trespassers and persons causing annoyance or inconvenience upon the Trust lands,\n> > \n> > > (e) the regulation or prohibition of the taking of intoxicants onto, and the consumption thereof upon, the Trust lands,\n> > \n> > > (f) the taking of animals on to the Trust lands or the permitting or suffering of animals to be on the Trust lands,\n> > \n> > > (g) the regulation or prohibition of parking, camping or residing on the Trust lands,\n> > \n> > > (h) the regulation or prohibition of the use of formed roads or paths within the Trust lands,\n> > \n> > > (i) the regulation or prohibition of private trading upon or in connection with the Trust lands,\n> > \n> > > (j) the reservation of the Trust lands for such separate or exclusive uses as the regulations may prescribe,\n> > \n> > > (k) the use of property or services provided by the Trust,\n> > \n> > > (l) the preservation or protection of, or prevention of damage to, living or preserved plant life on the Trust lands,\n> > \n> > > (m) the protection or removal of all dead timber, logs and stumps on the Trust lands, whether standing or fallen,\n> > \n> > > (n) the preservation, protection or removal of any rocks, soil, sand, stone or other similar substances on or under or comprising part of the Trust lands,\n> > \n> > > (o) the preservation or protection of any animals, birds and other fauna of any nature whatever and whether natural to or introduced into the Trust lands,\n> > \n> > > (p) the determination and payment of fees for—\n> > > \n> > > > (i) using or entering upon the Trust lands or improvements thereon, or any specified part of the Trust lands or improvements,\n> > > \n> > > > (ii) filming or photographing for cinema or television, or any similar commercial purpose, within the Trust lands,\n> > > \n> > > > (iii) using or purchasing any written material that is the property of the Trust,\n> > > \n> > > > (iv) parking, camping or residing on the Trust lands, and\n> > > \n> > > > (v) such other matters as the Trust may, from time to time, determine,\n> > \n> > > (q) the meetings of the Trust,\n> > \n> > > (r) the committees of the Trust, and\n> > \n> > > (s) the use of the common seal of the Trust.\n> \n> > (3) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> > (4) A regulation may impose a penalty not exceeding 10 penalty units for any breach of a regulation.\n> \n> **s 22:** Am 1992 No 112, Sch 1; 1996 No 20, Sch 1 \\[5\\] \\[6\\]; 2004 No 55, Sch 1.36.","sortOrder":35},{"sectionNumber":"22A","sectionType":"section","heading":"Liability of vehicle owner for parking offences","content":"#### 22A Liability of vehicle owner for parking offences\n\n22A Liability of vehicle owner for parking offences\n\n> > (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—\n> > \n> > > (a) in any case where the offence is dealt with under section 22B, the person satisfies an officer described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or\n> > \n> > > (b) in any case where the offence is dealt with by a court, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or\n> > \n> > > (c) the person is exonerated under subsection (2) or (3).\n> \n> > (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—\n> > \n> > > (a) within 21 days after service on the person of a notice under that section for the offence, gives a prescribed officer referred to in the notice an approved nomination notice containing the name and address of the person who was at all relevant times in charge of the vehicle, or\n> > \n> > > (b) satisfies that prescribed officer that the person did not know and could not with reasonable diligence have ascertained that name and address.\n> \n> > (3) 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—\n> > \n> > > (a) 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 at all relevant times in charge of the vehicle, or\n> > \n> > > (b) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.\n> \n> > (3A) Despite any other provision of this Act, an approved nomination notice may be provided by the owner of a vehicle served with a notice under section 22B within 90 days of the notice being served on the owner if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> > (3B) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or informant for the purposes of this section, a prescribed officer or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.\n> \n> > (4) A statutory declaration under subsection (3B), 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.\n> \n> > (5) An approved nomination notice or a statutory declaration that relates to more than one offence is not an approved nomination notice or a statutory declaration under, or for the purposes of, this section.\n> \n> > (6) 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.\n> \n> > (7) In this section—\n> > \n> > approved nomination notice has the same meaning as in section 38 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> > \n> > owner 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> > \n> > parking offence means any offence of causing or allowing a vehicle to stand in contravention of the regulations.\n> \n> **s 22A:** Ins 1996 No 20, Sch 1 \\[7\\]. Am 1997 No 119, Sch 2.25 \\[1\\] (as am by 1998 No 26, Sch 1 \\[13\\]) \\[2\\]; 1999 No 19, Sch 2.40 \\[1\\] \\[2\\]; 2005 No 11, Sch 3.38; 2013 No 19, Sch 3; 2016 No 13, Sch 2.12 \\[1\\]–\\[6\\].","sortOrder":36},{"sectionNumber":"22B","sectionType":"section","heading":"Penalty notices","content":"#### 22B Penalty notices\n\n22B Penalty notices\n\n> > (1) An officer prescribed by the regulations may issue a penalty notice to a person if it appears to the officer that the person has committed (or is, by virtue of section 22A, guilty of) an offence against the regulations.\n> \n> > (2) A penalty notice that relates to an offence of which the owner of a vehicle is guilty by virtue of section 22A may be issued to the owner by being addressed to the owner (without naming the owner or stating the owner’s address) and being left on, or attached to, the vehicle. This subsection does not limit the manner in which any such penalty notice may be issued under section 21 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\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 (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 22B:** Ins 1996 No 20, Sch 1 \\[7\\]. Subst 2017 No 63, Sch 3.10.","sortOrder":37},{"sectionNumber":"22C","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 22C Proof of certain matters not required\n\n22C Proof of certain matters not required\n\n> In any legal proceedings, proof is not required (until evidence is given to the contrary) of—\n> \n> > (a) the constitution of the Trust, or\n> \n> > (b) any resolution of the Trust, or\n> \n> > (c) the appointment of, or the holding of office by, any trustee, or\n> \n> > (d) the presence of a quorum at any meeting of the Trust.\n> \n> **s 22C:** Ins 1996 No 20, Sch 1 \\[7\\].","sortOrder":38},{"sectionNumber":"23","sectionType":"section","heading":"Proceedings for offences","content":"#### 23 Proceedings for offences\n\n23 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations may be disposed of summarily before the Local Court.\n> \n> > (2) Any such proceedings may only be commenced by information laid within 12 months after the time when the offence is alleged to have been committed.\n> \n> **s 23:** Am 1999 No 31, Sch 4.80; 2007 No 94, Sch 4.","sortOrder":39},{"sectionNumber":"24","sectionType":"section","heading":"Transitional and other provisions","content":"#### 24 Transitional and other provisions\n\n24 Transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":40},{"sectionNumber":"25","sectionType":"section","heading":"Repeal of Act No 57, 1961","content":"#### 25 Repeal of Act No 57, 1961\n\n25 Repeal of Act No 57, 1961\n\n> The [Domain Leasing Act 1961](/view/pdf/asmade/act-1961-57) is hereby repealed.","sortOrder":41},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to trustees and procedure of the Trust","content":"# Schedule 1 Provisions relating to trustees and procedure of the Trust\n\nSchedule 1 Provisions relating to trustees and procedure of the Trust\n\n(Section 6 (2))\n\n**sch 1:** Am 1983 No 9, Sch 1 (2); 1990 No 46, Sch 1; 1996 No 20, Sch 2 \\[5\\]–\\[7\\]; 2003 No 82, Sch 1.33 \\[6\\]; 2015 No 15, Sch 3.52 \\[6\\]; 2020 No 30, Sch 1.42.","sortOrder":42},{"sectionNumber":"9A","sectionType":"section","heading":"Personal liability","content":"#### 9A Personal liability\n\n9A Personal liability\n\n> > (1) A protected person is not personally subject to any liability for anything done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of executing functions under this Act.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > done includes omitted to be done.\n> > \n> > liability means civil liability and includes action, claim or demand.\n> > \n> > protected person means—\n> > \n> > > (a) the Trust, or\n> > \n> > > (b) a trustee, or\n> > \n> > > (c) a person acting under the direction of the Trust.","sortOrder":52},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Land vested in the Trust","content":"# Schedule 2 Land vested in the Trust\n\nSchedule 2 Land vested in the Trust\n\n(Section 19 (1))\n\n**sch 2:** Am 1985 No 3, Sch 1 (3); 1996 No 20, Sch 1 \\[8\\] \\[9\\]; 1997 No 66, Sch 3 \\[1\\]–\\[3\\]; 1997 No 131, Sch 1 \\[5\\]; 2024 No 86, Sch 1\\[6\\].","sortOrder":56},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Blue Mountains Botanic Garden Mount Tomah","content":"# Part 3A Blue Mountains Botanic Garden Mount Tomah\n\nPart 3A Blue Mountains Botanic Garden Mount Tomah\n\nThe following lots, situated in the Parish of Irvine and County of Cook and within the City of Blue Mountains—\n\n> (a) Lot 2 DP 1064310,\n\n> (b) Lot 1 DP 536667,\n\n> (c) Lot 35 DP 232476,\n\n> (d) Lot 1 DP 603906,\n\n> (e) Lot 1 DP 1273528.","sortOrder":62},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Australian Botanic Garden Mount Annan","content":"# Part 3B Australian Botanic Garden Mount Annan\n\nPart 3B Australian Botanic Garden Mount Annan","sortOrder":63},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Transitional and other provisions","content":"# Schedule 3 Transitional and other provisions\n\nSchedule 3 Transitional and other provisions\n\n(Section 24)\n\n**sch 3:** Am 1985 No 3, Sch 1 (4); 1996 No 20, Sch 1 \\[10\\]; 1999 No 71, Sch 1 \\[5\\]–\\[7\\]; 2003 No 82, Sch 1.33 \\[7\\].","sortOrder":72}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and constrained by later amendments reflected in the text. Notable changes in scope/mechanics include: the added exception permitting acquisition of the substratum for Sydney Metro West (s 19A), the introduction of an open tender requirement for leases and licences of certain durations (s 20AA), and additional public‑consultation, publication and statement‑of‑reasons requirements for leases or licences of 35 years or more (s 20AB). Schedule 2 has also been updated to list additional parcels (parts such as 3A and 3B and other amendments). These amendments add procedural constraints (more public notice, tendering and consultation obligations) and specific exceptions to the Act’s prior protections (e.g., s 19A), altering how the Trust may deal with land and third‑party projects. The text itself records those changes and the precise new mechanisms that must be followed (see s 19A; s 20AA; s 20AB; Sch 2)."},"complexity_factors":["Multiple institutional actors and overlapping decision points: Ministerial direction (s 5(3)), Governor appointment/removal of trustees (s 6; Sch 1 cl 6), Governor consent for some disposals (s 11), and Ministerial consent for leases/licences >5 years (s 20(3A)).","Detailed, land‑specific schedules: Schedule 2 lists specific parcels and multiple Parts and subparts (Sch 2), so legal effect depends on precise cadastral descriptions.","Layered procedural requirements for leases/licences: open tender (s 20AA), public notice and submissions (s 20A), draft and public consultation for very long leases (s 20AB), and published assessment criteria (s 20C).","Cross‑references to other statutes and instruments: the Act relies on the Conveyancing Act, Fines Act, Crown Land Management Act and others for definitions and procedures (see s 4 note, s 20(4), s 22B(3), s 19(1B)).","Ring‑fenced finance rules and restricted uses of endowment: the statutory fund cannot be used for staff remuneration or general operating expenses (s 15(2)), and borrowing is restricted (s 8(10)), creating budgetary constraints to be managed alongside fees.","Transitional and saving provisions that preserve prior rights and instruments (Sch 3), which can complicate interpretation of existing leases/licences.","Delegation and immunity mechanics: delegation rules (s 14) and civil‑liability protections for trustees and delegates (Sch 1 cl 9A) affect accountability and risk allocation.","Recent additions and exceptions: targeted amendments (e.g., s 19A, s 20AA, s 20AB) add exceptions and new procedural steps, increasing interpretive detail and compliance tasks."],"plain_english_summary":"What this law does, in plain terms\n\n- Creates a statutory corporation called the Royal Botanic Gardens and Domain Trust (the Trust) and gives it legal personality and powers to manage certain public lands and botanical collections (s 5). The Trust is treated as a statutory body representing the Crown for legal purposes (s 5(4)).\n\nWho runs it and who decides\n\n- The Governor appoints seven trustees on the Minister's recommendation (s 6(1)). The Minister has the power to direct the Trust in performing its functions (s 5(3)). The Governor may remove trustees (Sch 1 cl 6) and may appoint deputies when trustees are absent (Sch 1 cl 2).\n\nWhat the Trust must do and why\n\n- The Trust’s main objects are to maintain and improve the Trust lands and plant collections, to increase and share knowledge about plant life (particularly Australian and New South Wales plants), and to encourage public use and enjoyment of the lands for educational, historical, cultural and recreational purposes (s 7). The Act says these are its principal objects and that emphasis should be given to systematic botany and plant conservation (s 7(2)). These are stated purposes of the law (s 7). The Trust’s powers are framed to enable those objects: permitting scientific, educational and recreational uses; acquiring and maintaining specimens and property; conducting research and public education; entering contracts; charging fees under the regulations; and establishing committees and branches (s 8).\n\nWhich lands are covered\n\n- The Act vests specific parcels of land in the Trust (listed in Schedule 2). These include the Royal Botanic Gardens, the Domain and a Mount Tomah annexe (s 19; Sch 2). Lands listed in Schedule 2 are vested in the Trust in fee simple and are generally not to be sold, mortgaged or otherwise disposed of (s 19(1); s 9). The Governor may add Crown land or other Crown-owned land to Schedule 2 by proclamation (s 19(1B)). A later provision allows acquisition of the substratum of the Trust lands for the Sydney Metro West underground rail facilities despite the usual protection against appropriation (s 19A).\n\nLeases, licences, easements and limits on disposal\n\n- The Trust may grant leases, licences and easements over parts of Trust lands for purposes that directly or indirectly assist its objects (s 20(2)). Leases for commercial purposes are permitted (s 20(2)(a)). There are time limits and approval requirements: a lease (including options) under s 20(2)(a) cannot exceed 50 years in total (s 20(3)); any lease under s 20(2)(a) or licence under s 20(2)(c) with a term longer than 5 years requires the Minister’s consent (s 20(3A)).\n\n- The Trust must use an open tender process before granting any lease, or any licence with a term of 10 years or more (s 20AA).\n\n- For proposed leases or licences of 35 years or more, the Trust must prepare a draft statement explaining consistency with the Trust’s objects, publish the draft for public comment (minimum 7 days) and then finalise and provide the statement to the Minister when seeking approval (s 20AB).\n\n- The Trust may not sell, mortgage or otherwise dispose of the land described in Schedule 2 (s 9), but it may deal with some gift-acquired or other property under specified rules (s 10, s 11) and may give leases/licences/easements subject to the requirements above (s 20 et seq.). Disposal of property acquired subject to conditions requires Governor’s consent (s 11(2)–(3)).\n\nTransparency, consultation and administrative requirements\n\n- The Trust must publish on its website a statement of the criteria it uses to assess licence/easement proposals, must invite submissions on those criteria, and must report the number and categories of licences/easements granted each year (s 20C).\n\n- For many proposed leases the Trust must give public notice, exhibit notices on the lands, allow at least 28 days for written submissions and consider submissions before finalising and seeking Ministerial approval (s 20A(5)–(8)).\n\n- The Trust must keep minutes of meetings (Sch 1 cl 10) and prepare or receive financial statements and reports in transitional circumstances (Sch 3 cl 6). The Trust can employ public service staff to enable it to exercise its functions (s 12).\n\nFinance and fees\n\n- Parliament approves an annual endowment to the Trust; the Treasurer pays the endowment (s 15(1), (3)–(4)). That statutory fund can be applied to acquiring specimens, paying trustee and non‑trustee committee member remuneration (if any), and, subject to s 15(2), other Trust expenditure. The statutory fund may not be applied to remuneration of staff or to general operating expenses, including maintenance of the Trust lands (s 15(2)).\n\n- The Trust may, subject to the regulations, impose fees or charges for services, goods or permissions it provides; fees collected belong to the Trust (s 8(1)(h)).\n\n- The Act restricts the Trust’s ability to borrow to arrangements permitted in Part 4 (s 8(10)).\n\nRegulatory and enforcement powers\n\n- The Governor may make regulations for the use, care, management, protection and enjoyment of the Trust lands and to set fees and penalties (s 22). A regulation may impose penalties not exceeding 10 penalty units for breaches (s 22(4)).\n\n- Vehicle parking and related offences on Trust lands are enforceable: the owner of a vehicle may be held liable for parking offences (s 22A), penalty notices may be issued (s 22B), and the Fines Act applies to such notices (s 22B(3)).\n\nLegal protections and liabilities\n\n- The Act protects trustees and other ‘protected persons’ from personal civil liability for acts or omissions done in good faith in the exercise of functions under the Act: the liability instead attaches to the Crown (Sch 1 cl 9A).\n\nTransitional and continuity provisions\n\n- The Schedule 3 transitional provisions vest assets and rights of the former trustees in the Trust and preserve existing agreements, leases and certain by‑laws as regulations under this Act (Sch 3 cl 2–5). The Act lists the specific parcels of land that are Trust lands in Schedule 2.\n\nCosts, incentives, compliance burdens and decision-making levers (practical implications)\n\n- Who pays: Parliament (through the Treasurer) provides an annual endowment (s 15); the Trust may raise its own revenue by charging fees (s 8(1)(h)).\n\n- Who decides: the Minister controls and directs the Trust’s exercise of powers (s 5(3)); the Governor appoints and may remove trustees (s 6(1); Sch 1 cl 6). The Minister’s consent is needed for leases/licences longer than 5 years (s 20(3A)). The Governor’s consent is required for disposal of property acquired subject to conditions (s 11(2)).\n\n- Incentives and constraints: the Trust can generate income from fees (s 8(1)(h)) but the statutory endowment is ring‑fenced (s 15(2)) and cannot be used for staff pay or general operating/maintenance costs, which shapes the Trust’s budgetary incentives and dependence on fee income and any other permitted funding sources. Borrowing is limited to what Part 4 authorises (s 8(10)).\n\n- Compliance and administrative burden: the Trust must run open tenders for long leases or licences (s 20AA), publish assessment criteria and annual licence/easement statistics (s 20C), provide public notice and take submissions for many proposed leases (s 20A), keep minutes (Sch 1 cl 10), and handle penalty notices and enforcement under the Fines Act (s 22B). These create specific administrative tasks and public‑facing procedures.\n\n- Discretion and implementation risk: the Minister’s power to direct the Trust (s 5(3)), the Governor’s appointment and removal powers (s 6(1); Sch 1 cl 6), and regulatory rule‑making powers (s 22) concentrate decision levers in executive offices. Several sections require Ministerial or Governor consent for particular actions (s 11, s 20(3A), Sch 1 cl 6), so outcomes depend on executive choices within the statutory framework.\n\nGeographic and legal scope\n\n- The Act applies specifically to the parcels listed in Schedule 2 (Sch 2). It operates alongside and cross‑refers to other NSW statutes (for example the Conveyancing Act, Crown Land Management Act, Fines Act) for particular procedures and definitions (see s 4 note and various cross‑references throughout the Act).\n\nKey recent mechanical additions (examples from the Act text)\n\n- The Act expressly permits acquisition of substratum for Sydney Metro West (s 19A).\n- It now requires open tenders for leases and some licences (s 20AA) and imposes public consultation and statement requirements for very long leases (s 20AB). These are procedural constraints the Trust must follow prior to granting those rights.\n\nOverall mechanical effect\n\n- The Act establishes a Crown‑backed corporate trustee to own and manage specified botanical and public lands, confers powers to run scientific, educational and recreational activities and to contract and charge fees, protects certain lands from sale, imposes procedural constraints and transparency obligations for long leases/licences and requires certain executive consents, and sets out funding (endowment) and enforcement arrangements. It sets out who pays (Parliament via Treasurer for the endowment; users via fees), who decides (Minister, Governor, appointed trustees), and the administrative and legal steps the Trust must follow to grant use rights or change property arrangements (see in particular s 5, s 6, s 7, s 8, s 9, s 15, s 19–20AB, s 22–22B, Sch 1 and Sch 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1980 scope. Originally focused on establishing the Trust to manage the Sydney Royal Botanic Gardens and Domain, it has expanded to include: (1) regional botanic gardens at Mount Tomah and Mount Annan (Parts 3A and 3B of Schedule 2); (2) detailed commercial leasing frameworks with transparency requirements (sections 20AA, 20AB); (3) specific infrastructure facilitation provisions for the Sydney Metro West (section 19A) and the Conservatorium of Music (section 21); (4) complex parking enforcement mechanisms (sections 22A, 22B); and (5) modern governance requirements including internet publication obligations (section 20C). The Act has evolved from a simple trust establishment instrument into a comprehensive statutory framework for managing multiple significant public assets with substantial commercial and transparency dimensions."},"complexity_factors":["Multiple amendments over 40+ years creating layered provisions (original 1980 Act, significant amendments in 1996, 1999, 2003, 2006, 2015, 2022, 2024)","Extensive cross-referencing to other Acts including the Crown Land Management Act 2016, Conveyancing Act 1919, Fines Act 1996, Government Sector Employment Act 2013, and Transport Administration Act 1988","Conditional logic in land dealings: different rules apply depending on whether land is in Part 1, 2, 3, or 5 of Schedule 2, and whether property was acquired with conditions attached","Nested exceptions: section 19(1A) frees land from trusts/encumbrances, but subsections (4), (5) and (6) preserve certain reservations and conditions","Detailed procedural requirements for leases and licences (sections 20, 20AA, 20AB, 20A) with tiered thresholds (5 years, 10 years, 35 years, 50 years) triggering different approval and consultation requirements","Transitional provisions in Schedule 3 preserving rights under repealed legislation (Crown Lands Consolidation Act 1913) and validating pre-existing licences","Interaction between general powers (section 8) and specific restrictions (sections 9-11, 19-20) creating a complex web of permitted and prohibited dealings"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates and governs the **Royal Botanic Gardens and Domain Trust** — a government body that manages Sydney's Royal Botanic Gardens, The Domain, and the regional botanic gardens at Mount Tomah (Blue Mountains) and Mount Annan (Camden).\n\n**Key things the Act covers:**\n\n*   **Creates the Trust** as a legal entity (a \"corporation\") with a board of 7 trustees appointed by the Governor on the Minister's recommendation.\n*   **Sets the Trust's job**: maintaining the gardens, protecting plant collections, conducting scientific research, and letting the public enjoy the lands for education, culture and recreation.\n*   **Gives the Trust powers** to grant leases and licences over the land (for things like restaurants or events), charge fees, conduct research, and accept gifts — but with restrictions on selling the core garden lands.\n*   **Protects the land**: The Trust cannot sell, mortgage or give away the main garden lands described in Schedule 2, though it can grant long-term leases for commercial purposes that support the gardens' objectives.\n*   **Provides funding**: Parliament pays an annual endowment to help buy specimens and pay trustee allowances, but this money can't be used for staff salaries or general running costs.\n*   **Sets rules for transparency**: Recent amendments require open tender processes for long leases, public consultation for leases of 35+ years, and publication of criteria for granting licences and easements.\n*   **Deals with practical matters**: parking fines, penalty notices, delegation of powers, and protection from personal liability for trustees acting in good faith.\n\n**Who it affects**\n\n*   Visitors to the Royal Botanic Gardens, The Domain, and the regional gardens\n*   Businesses leasing space in these areas (cafes, restaurants, parking operators)\n*   Researchers and botanists using the collections\n*   The trustees and staff who manage the gardens\n\n**Why it matters**\n\nThis Act ensures these significant public green spaces remain protected for future generations while allowing commercial activities that help fund their upkeep. It balances conservation with public access, and recent amendments strengthen transparency around how the Trust deals with its valuable Sydney real estate."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on the extensive amendment history (approximately 18 versions since 2000 alone), the Act's scope has almost certainly evolved significantly from its original 1980 form. Legislation of this type typically expands over time to incorporate commercial operations, event management, broader conservation duties, and modern governance requirements that were not contemplated at inception. The change in responsible minister to 'Planning and Public Spaces' also suggests a broadening of the land-use and public amenity focus beyond pure botanical/scientific management."},"complexity_factors":["Institutional governance structure (Trust with board, ministerial oversight) adds layers of accountability rules","Long legislative history since 1980 with approximately 18 amendments means accumulated provisions that interact with each other","Intersection with other NSW laws (planning, heritage, Crown land, environmental) creates cross-referencing complexity","Dual-purpose management (conservation/scientific vs public recreation) creates potential tension in decision-making powers","Limited substantive text was provided, preventing full assessment of definitional or procedural complexity","Commercial and event licensing provisions (typical in such Acts) add regulatory complexity for operators"],"plain_english_summary":"## Royal Botanic Gardens and Domain Trust Act 1980 (NSW)\n\n**What is this law?**\nThis is a NSW law that established the **Royal Botanic Gardens and Domain Trust** — the governing body responsible for managing and protecting the Royal Botanic Garden Sydney and the Domain (the large public open space near the CBD). Think of it as the legal foundation that created the organisation running these iconic public spaces.\n\n**Who does it affect?**\n- **Sydney residents and visitors** who use the Royal Botanic Garden or the Domain for recreation, events, or leisure\n- **The Trust itself** and its staff, who are bound by the rules the Act sets out\n- **Event organisers and commercial operators** who use these spaces\n- **Anyone who might interfere with or damage** these protected public spaces\n\n**Why does it matter to you?**\n- It determines **who controls** these green spaces in the heart of Sydney and how decisions about them are made\n- It sets the rules around **what activities are allowed** in the gardens and Domain\n- It protects these spaces from being used in ways that conflict with their purpose as public gardens and open spaces\n- The responsible Minister (currently the Minister for Planning and Public Spaces) has oversight, meaning these decisions ultimately have political accountability\n\n**Key things to know:**\n- The Act has been around since **1980** and updated many times (most recently December 2024), showing it's a living piece of legislation that evolves with changing needs\n- The Trust has the power to manage, develop, and protect the land\n- It falls under the **Minister for Planning and Public Spaces**\n\n⚠️ *Note: Only metadata and version history were provided — the actual substantive provisions of the Act were not included in the text supplied, so this summary is based on what can be reasonably inferred from the Act's title, history, and responsible ministry.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980","history":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980/history","analysis":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980/analysis","conflicts":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980/conflicts","importantCases":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980/important-cases","documents":"/api/acts/royal-botanic-gardens-and-domain-trust-act-1980/documents"}}