{"id":"C2004A00779","name":"Sydney Harbour Federation Trust Act 2001","slug":"sydney-harbour-federation-trust-act-2001","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"2 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6156,"registerId":"commonwealth-C2004A00779-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Sydney Harbour Federation Trust Act 2001.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) This Act commences on a day to be fixed by Proclamation.\n  (2) However, if this Act does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then this Act commences on the first day after the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> affected council means a council, established under the Local Government Act 1993 of New South Wales, of the area in which:\n\n    (a) land mentioned in Schedule 1 or 2; or\n    (b) any other Trust land;\n  is situated.\n\n> Chair means the Chair of the Trust.\n\n> Commonwealth body includes a Department of State, or authority, of the Commonwealth.\n\n> Commonwealth member means a member who was appointed by the Minister under section 12, other than on the recommendation of New South Wales.\n\n> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.\n\n> Executive Director means the Executive Director of the Trust.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Harbour land means land in the Sydney Harbour region and includes Sydney Harbour’s river systems, catchment area and North and South Head.\n\n> interest, in relation to land, means:\n\n    (a) a legal or equitable estate or interest in the land; or\n    (b) a right, power or privilege over, or in relation to, the land.\n\n> interim Trust means the advisory body known as the interim Trust and established by the Commonwealth to commence planning and public consultation in respect of certain Harbour land.\n\n> land includes buildings and improvements on the land.\n\n> member includes the Chair.\n\n> plan means a plan prepared under Part 5 of this Act.\n\n> plan area means the land covered by a plan under section 27.\n\n> public employee means a person who is a full‑time member, officer or employee of:\n\n    (a) the Australian Public Service; or\n    (b) the Public Service of a State or a Territory; or\n    (c) an authority of the Commonwealth or a State or a Territory; or\n    (d) local government.\n\n> public notice means a notice published:\n\n    (a) in the Gazette; and\n    (b) in a daily newspaper circulating in the Sydney region; and\n    (c) in a local newspaper circulating in the area concerned.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> statement of reasons has the meaning given by section 64B.\n\n> Trust means the Sydney Harbour Federation Trust established by section 5.\n\n> Trust land means any land that:\n\n    (a) vests in the Trust; and\n    (b) is held by the Trust from time to time for and on behalf of the Commonwealth;\n  under section 22.\n\n> Trust land site means:\n\n    (a) the sites mentioned in Schedules 1 and 2; or\n    (b) land specified in a notice published in the Gazette under subsection 21(2).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of the Trust","content":"## Part 2—Establishment of the Trust","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"#### 5 Establishment\n\n  (1) The Sydney Harbour Federation Trust is established by this section.\n  (2) The Trust:\n    (a) is a body corporate with perpetual succession; and\n    (b) may have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Trust. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must:\n    (a) take notice of the imprint of the common seal of the Trust appearing on a document; and\n    (b) presume that the document was duly sealed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Objects","content":"#### 6 Objects\n\n  The objects of the Trust are the following:\n    (a) to ensure that management of Trust land contributes to enhancing the amenity of the Sydney Harbour region;\n    (b) to protect, conserve and interpret the environmental and heritage values of Trust land;\n    (c) to maximise public access to Trust land;\n    (d) to establish and manage suitable Trust land as a park on behalf of the Commonwealth as the national government;\n    (e) to co‑operate with other Commonwealth bodies that have a connection with any Harbour land in managing that land;\n    (f) to co‑operate with New South Wales, affected councils and the community in furthering the above objects.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions","content":"#### 7 Functions\n\n  The functions of the Trust are the following:\n    (a) to hold Trust land for and on behalf of the Commonwealth;\n    (b) to undertake community consultation on the management and conservation of Trust land;\n    (c) to do the things referred to in section 38A before plans take effect for an area of Trust land;\n    (d) to develop draft plans in respect of Trust land and any other Harbour land in furthering the objects, and performing other functions, of the Trust;\n    (e) to rehabilitate, remediate, develop, enhance and manage Trust land, by itself or in co‑operation with other institutions or persons, in accordance with the plans;\n    (f) to make recommendations to the Minister on:\n    (i) plans; and\n    (ii) the proposed transfer of any Trust land;\n    (g) to promote appreciation of Trust land, in particular its environmental and heritage values;\n    (h) to provide services and funding to other Commonwealth bodies in furthering the objects, and performing other functions, of the Trust;\n    (i) anything incidental to or conducive to the performance of its other functions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Powers","content":"#### 8 Powers\n\n  (1) The Trust has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Trust’s powers include, but are not limited to, the following powers:\n    (a) negotiate with other Commonwealth bodies and with New South Wales and affected councils;\n    (b) acquire, hold and dispose of real and personal property;\n    (c) enter into agreements with New South Wales and affected councils;\n    (d) accept gifts, grants, bequests and devises made to it;\n    (e) enter into contracts and agreements;\n    (f) form, or participate in the formation of, companies;\n    (g) enter into partnerships;\n    (h) participate in joint ventures;\n    (i) raise money, by borrowing or otherwise, in accordance with section 63.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Minister may give directions","content":"#### 9 Minister may give directions\n\n  (1) The Minister may give written directions to the Trust in relation to the performance of its functions and the exercise of its powers.\n  (2) The Minister must give the Trust written reasons for the directions.\n  (3) The Trust must perform its functions and exercise its powers in a manner consistent with any directions given by the Minister under subsection (1).","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Constitution of the Trust","content":"## Part 3—Constitution of the Trust","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Membership of the Trust","content":"#### 10 Membership of the Trust\n\n  The Trust consists of:\n    (a) the Chair; and\n    (b) 7 other members.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Invitations to NSW to recommend members","content":"#### 11 Invitations to NSW to recommend members\n\n  (1) Before initially appointing members to the Trust, the Minister must invite New South Wales to recommend persons to be appointed to 2 membership positions.\n  (3) If:\n    (a) a vacancy arises in the membership of the Trust; and\n    (b) there are not 2 other membership positions held by persons recommended by New South Wales;\n  then the Minister must invite New South Wales to recommend persons to be appointed to the vacant membership position.\n  (4) Within 2 months of receiving the invitation, New South Wales may recommend persons who have experience or knowledge in at least one of the fields listed in subsection 12(2).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of members","content":"#### 12 Appointment of members\n\n  (1) The members of the Trust are to be appointed by the Minister by written instrument.\n  (2) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has experience or knowledge in at least one of the following fields:\n    (a) environment and heritage conservation or heritage interpretation;\n    (b) Indigenous culture;\n    (c) land planning and management;\n    (d) business, financial, property or asset management;\n    (e) tourism or marketing;\n    (f) military service;\n    (g) law.\n  (3) One of the members must be an Aboriginal person, or a Torres Strait Islander, within the meaning of the Aboriginal and Torres Strait Islander Act 2005 who is eligible for appointment under subsection (2).\n  (3A) One of the members must be a person who:\n    (a) is eligible for appointment under subsection (2); and\n    (b) in the Minister’s opinion, provides a local government perspective and experience.\n  (4) The Minister must not appoint a person as a member if, immediately after the appointment of the person, more than one‑half of the members of the Trust would be public employees.\n  (5) The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s appointment.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Terms of office of members","content":"#### 13 Terms of office of members\n\n  (1) A member is to be appointed on a part‑time basis.\n  (2) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Acting appointments","content":"#### 14 Acting appointments\n\n  The Minister may appoint a member to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Additional terms and conditions of appointment of members","content":"#### 15 Additional terms and conditions of appointment of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Outside employment of members","content":"#### 16 Outside employment of members\n\n  A member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration and allowances of members","content":"#### 17 Remuneration and allowances of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Leave of absence","content":"#### 18 Leave of absence\n\n  The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Resignation","content":"#### 19 Resignation\n\n  A member may resign his or her appointment by giving the Minister a written resignation.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Termination of appointment of members","content":"#### 20 Termination of appointment of members\n\n  (1) The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate a member’s appointment if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Trust; or\n    (c) the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) The Minister must not terminate the appointment of a member appointed on the recommendation of New South Wales without first consulting New South Wales.\n  (4) Subsection (3) is taken to apply in relation to a termination of the appointment of a member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination of the appointment of a member under this section.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Trust land","content":"## Part 4—Trust land","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Vesting by Minister of land in the Trust","content":"#### 21 Vesting by Minister of land in the Trust\n\n  (1) The Minister administering the Defence Act 1903 must, by notice or notices published in the Gazette, specify that each Trust land site mentioned in Schedules 1 and 2 that is a Commonwealth place is to vest in the Trust in accordance with section 22 on a specified day that is within 4 years of this Act commencing. A notice may deal with a part only of a Trust land site.\n  (2) The Minister may, by notice published in the Gazette, specify that a part of any other Harbour land that is a Commonwealth place is to vest in the Trust in accordance with section 22.\n  (3) The notice must specify the day from which the land is to vest.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Vesting of Trust land","content":"#### 22 Vesting of Trust land\n\n  (1) From the beginning of the day specified in the notice, all right, title and interest that the Commonwealth holds in the land vests in the Trust without any conveyance, transfer or assignment.\n  (2) The Trust holds the land for and on behalf of the Commonwealth.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Minister may make arrangements","content":"#### 23 Minister may make arrangements\n\n  (1) If:\n    (a) the Minister specifies land under section 21; and\n    (b) immediately before the land vests in the Trust under section 22, the Commonwealth is a party to an agreement or instrument that relates to the land;\n  then the Minister may specify, in writing, the agreement or instrument for the purposes of this section.\n  (2) An agreement or instrument specified under this section has effect, after the land vests in the Trust, as if:\n    (a) the Trust were substituted for the Commonwealth as a party to the agreement or instrument; and\n    (b) any reference in the agreement or instrument to the Commonwealth were (except in relation to matters that occurred before the land vested) a reference to the Trust.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Transfer of Trust land","content":"#### 24 Transfer of Trust land\n\n  (1) The Trust must not sell or otherwise transfer the freehold interest in:\n    (a) any land mentioned in Schedule 1; or\n    (b) land identified in a plan as having significant environmental or heritage values;\n  unless:\n    (c) the sale or transfer is to the Commonwealth, New South Wales or an affected council; and\n    (d) the instrument under which the sale or transfer occurs includes a condition that the land not be sold or otherwise transferred other than to the Commonwealth, New South Wales or an affected council.\n  (1A) A purported sale or transfer of a freehold interest by an instrument that does not comply with paragraph (1)(c) or (d) is not effective.\n  (1B) The Trust must not sell or otherwise transfer the freehold interest of any land mentioned in Schedule 2 without the written approval of the Minister.\n  (2) If the Trust agrees to sell or otherwise transfer the freehold interest of any Trust land, then the Trust must seek the Minister’s approval, in writing, of:\n    (a) the terms and conditions of the agreement; and\n    (b) the transferee.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Lands Acquisition Act not to apply","content":"#### 25 Lands Acquisition Act not to apply\n\n  Part X of the Lands Acquisition Act 1989 does not apply to the disposal by the Trust of Trust land or an interest in Trust land.","sortOrder":28},{"sectionNumber":"Part 5","sectionType":"part","heading":"Plans","content":"## Part 5—Plans","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Trust to prepare plans","content":"#### 26 Trust to prepare plans\n\n  (1) Within 2 years of this Act commencing, the Trust must prepare a draft plan in respect of each Trust land site mentioned in Schedules 1 and 2.\n  (2) Within 2 years of any other land vesting in the Trust under section 22, the Trust must prepare a draft plan in respect of that land.\n  (3) The Minister may extend the period mentioned in subsections (1) and (2) on application, in writing, by the Trust, provided that the Trust has by public notice informed the public about the application and the reason for the extension of time.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Plan areas","content":"#### 27 Plan areas\n\n  (1) A plan must cover at least one Trust land site and must not cover only a part of a site.\n  (2) A plan may cover any Harbour land that has not vested in the Trust under section 22\\. However, the plan takes effect in respect of that land only when:\n    (a) the plan is approved and notified under this Part; and\n    (b) the land vests in the Trust.\n\n> Note: If the plan has been approved and notified under this Part before the land vests in the Trust, then the plan does not require further notification under section 34 when the land eventually vests in the Trust.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Content of plans","content":"#### 28 Content of plans\n\n  (1) A plan must accord with the objects of the Trust.\n  (2) The plan must accord with principles of ecologically sustainable development.\n  (3) The plan must contain the following:\n    (a) a history and description of the plan area, including an identification of current land uses of the area or parts of the area;\n    (b) an assessment of the environmental and heritage values of the area;\n    (c) an assessment of the interrelationship between the plan area and the surrounding region, including other public land in the Sydney Harbour region and other Trust land;\n    (d) objectives for the conservation and management of the area;\n    (e) policies in respect of the conservation and management of the area;\n    (f) an identification of proposed land uses in the area or parts of the area;\n    (g) an identification of the nature of possible future owners of the area or parts of the area;\n    (h) guidelines, options (if necessary) and recommendations for the implementation of the plan;\n    (i) detailed estimates of costs that may be incurred in respect of the area, including costs for remediation, rehabilitation and conservation of the area;\n    (j) anything else required by the regulations.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Consultation on proposal to prepare draft plan","content":"#### 29 Consultation on proposal to prepare draft plan\n\n  (1) Before preparing a draft plan, the Trust must, by public notice:\n    (a) state that it proposes to prepare a draft plan in respect of a specified plan area; and\n    (b) invite interested persons to make representations in connection with the proposal by a specified date that is at least one month after the date of publication of the notice; and\n    (c) specify an address to which representations may be sent.\n  (2) A person may make written submissions to the Trust in connection with the proposal not later than the date stated in the notice.\n  (3) The Trust:\n    (a) must take into account any submissions made to it in accordance with subsection (2); and\n    (b) must take into account any advice or recommendations received from an advisory committee established under Part 8; and\n    (c) may take into account any other submissions.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Consultation on draft plan","content":"#### 30 Consultation on draft plan\n\n  (1) The Trust must make a draft plan, that it has prepared, publicly available by electronic or other means.\n\n> Note: The Trust can also charge a reasonable fee for copies of draft plans: see section 70A.\n\n  (2) The Trust must also, by public notice:\n    (a) state that the draft plan has been prepared in respect of a specified plan area; and\n    (b) state where the draft plan is made available to the public; and\n    (c) invite interested persons to make representations in connection with the draft plan by a specified date that is at least one month after the date of publication of the notice; and\n    (d) specify an address to which representations may be sent.\n  (3) A person may make written submissions to the Trust in connection with the draft plan not later than the date stated in the notice.\n  (4) The Trust:\n    (a) must take into account any submissions made to it in accordance with subsection (3); and\n    (b) must take into account any advice or recommendations received from an advisory committee established under Part 8; and\n    (c) may take into account any other submissions.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Minister to approve plans","content":"#### 31 Minister to approve plans\n\n  (1) The Trust must submit a draft plan, together with a written report on:\n    (a) its consultations under sections 29 and 30; and\n    (b) consultations (if any) with advisory committees established under Part 8;\n  to the Minister (the Commonwealth Minister).\n  (2) Before considering the draft plan, the Commonwealth Minister must:\n    (a) provide a copy of it, together with any relevant material, to a relevant Minister (the State Minister) of New South Wales; and\n    (b) invite the State Minister to provide comments on the draft plan within 2 months.\n  (3) In considering the draft plan, the Minister must take into account any comments or alterations suggested, within the 2 months, by the State Minister.\n  (4) The Commonwealth Minister may:\n    (a) approve the draft plan without alteration; or\n    (b) refer the draft plan to the Trust with either or both of the following:\n    (i) directions to conduct a public hearing or any other consultations;\n    (ii) suggested alterations; or\n    (c) reject the draft plan, giving reasons.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Action on referral by Minister","content":"#### 32 Action on referral by Minister\n\n  (1) If the Minister refers a draft plan to the Trust, then the Trust must do the following:\n    (a) reconsider the draft plan;\n    (b) undertake the consultations directed by the Minister;\n    (c) undertake any other consultations as the Trust thinks necessary;\n    (d) consider any suggestions made by the Minister;\n    (e) if it thinks fit, alter the draft plan.\n  (2) The Trust must then submit:\n    (a) the draft plan; and\n    (b) a written report on additional consultations (if any) undertaken under this section;\n  to the Minister for approval.\n  (3) This Part (other than section 26) applies to a draft plan submitted under this section in the same way as it applies to a draft plan submitted under section 31.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Rejection of draft plan","content":"#### 33 Rejection of draft plan\n\n  (1) If the Minister rejects the draft plan, then the Trust must:\n    (a) consider the Minister’s reasons; and\n    (b) prepare a new draft plan.\n  (2) This Part (other than section 26) applies to a new draft plan in the same way as it applies to a draft plan submitted under section 31.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Notification of plan","content":"#### 34 Notification of plan\n\n  If a plan is approved by the Minister, then the Trust must, by notice published in the Gazette:\n    (a) state that a plan, in respect of a specified plan area or a part of a plan area, has been prepared; and\n    (b) specify the day on which the plan takes effect for the area or the part of the area; and\n    (c) state where the plan is made available to the public.\n\n> Note: The Trust can also charge a reasonable fee for copies of plans: see section 70A.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Commencement and implementation of plans","content":"#### 35 Commencement and implementation of plans\n\n  (1) A plan takes effect for the plan area, or the part of the plan area, specified in a notice under section 34, from the beginning of the day specified in the notice.\n\n> Note: Section 27 contains an exception to this rule for land that has not vested in the Trust.\n\n  (2) The Trust must begin to implement a plan as soon as practicable after it has taken effect for the plan area or the part of the plan area.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Amendment to plans","content":"#### 36 Amendment to plans\n\n  (1) The Trust may, in writing, prepare an amendment to a plan.\n  (2) Sections 28 to 35 apply in relation to the preparation of an amendment to a plan in the same way as they apply in relation to the preparation of a draft plan.","sortOrder":40},{"sectionNumber":"36A","sectionType":"section","heading":"Submissions to be publicly available","content":"#### 36A Submissions to be publicly available\n\n  (1) The Trust must make publicly available, by electronic or other means, submissions made under Part 5 on:\n    (a) proposals to prepare draft plans; and\n    (b) draft plans; and\n    (c) amendments to draft plans.\n\n> Note: The Trust can also charge a reasonable fee for copies of submissions: see section 70A.\n\n  (2) However, the Trust is not required to make a submission publicly available if, in the Trust’s opinion, it would significantly damage the environmental or heritage values of Trust land.\n  (3) No action or proceeding, whether civil or criminal, lies against a member of the Trust in respect of making a submission publicly available under this section.","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Commonwealth etc. to act in accordance with plans","content":"#### 37 Commonwealth etc. to act in accordance with plans\n\n  (1) If a plan has been approved and notified for a plan area (even if the plan or a part of the plan has not taken effect in respect of that area), then the Commonwealth, the Trust and other Commonwealth bodies must act in accordance with the plan in carrying out activities in that area.\n  (2) However, this section does not authorise or require the Commonwealth, the Trust or the Commonwealth body to carry out an activity that it is not otherwise legally able to carry out.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Transitional—interim Trust actions","content":"#### 38 Transitional—interim Trust actions\n\n  Anything done, before this Act commences, by the Commonwealth on behalf of the interim Trust in relation to a plan is taken, for the purposes of this Act, to have been done by the Trust.","sortOrder":43},{"sectionNumber":"38A","sectionType":"section","heading":"Transitional—activities before plans take effect","content":"#### 38A Transitional—activities before plans take effect\n\n  (1) Before a plan takes effect for an area of Trust land, the Trust may:\n    (a) determine the way in which the area may be used before the relevant plan takes effect; and\n    (b) use the area in that way; and\n    (c) grant leases and licences over the area in accordance with section 38B; and\n    (d) carry out maintenance and repair work in the area; and\n    (e) carry out other work in the area to protect the health and safety of persons present there; and\n    (f) carry out other work that will only have a temporary impact on the area.\n  (2) The Trust must not carry out, or allow to be carried out, any work other than the work mentioned in paragraphs (1)(d), (e) and (f).\n  (3) The Trust must not cause significant damage, or allow significant damage to be caused, by doing things under subsection (1).\n  (4) The Trust must not take into account things done under subsection (1) when determining the content of draft plans.","sortOrder":44},{"sectionNumber":"38B","sectionType":"section","heading":"Transitional—leases and licences granted before plans take effect","content":"#### 38B Transitional—leases and licences granted before plans take effect\n\n  (1) This section applies to leases and licences granted under section 38A before a plan takes effect for an area.\n  (2) A lease or licence for a fixed term over an area of Trust land:\n    (a) must not be for a term of more than 12 months; and\n    (b) must expire within 18 months after the vesting of the land in the Trust.\n  (3) A period under a lease for a periodic tenancy:\n    (a) must not extend for more than one month; and\n    (b) must not begin after a plan takes effect for any of the area over which the lease is granted.\n  (4) A licence that is not for a fixed term must be revoked before a plan takes effect for any of the area over which the licence is granted.\n  (5) If a lease or fixed‑term licence is in force for an area when a plan takes effect, then the plan takes effect except to the extent that it interferes with the operation of the lease or licence in that area.\n  (6) A lease or licence that contravenes this section or subsection 38A(2) or (3) is void.","sortOrder":45},{"sectionNumber":"Part 6","sectionType":"part","heading":"Executive Director, staff and consultants","content":"## Part 6—Executive Director, staff and consultants","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Executive Director","content":"#### 39 Executive Director\n\n  (1) There is to be an Executive Director of the Trust who is to be appointed by the Minister on the recommendation of the Trust.\n  (2) A member of the Trust cannot be appointed as Executive Director.\n  (3) The appointment of a person as Executive Director is not invalid because of a defect or irregularity in connection with the person’s appointment.","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Duties of the Executive Director","content":"#### 40 Duties of the Executive Director\n\n  The Executive Director is to manage the affairs of the Trust subject to the directions of, and in accordance with policies determined by, the Trust.","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Term of office of Executive Director","content":"#### 41 Term of office of Executive Director\n\n  (1) The Executive Director is to be appointed on a full‑time basis.\n  (2) The Executive Director holds office for the period determined by the Minister on the recommendation of the Trust. The period must be specified in the instrument of appointment.","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Acting appointments","content":"#### 42 Acting appointments\n\n  (1) The Trust may appoint a person to act as the Executive Director for a period not exceeding 3 months:\n    (a) during a vacancy in the office of Executive Director (whether or not an appointment has previously been made to the office); or\n    (b) during any period when the Executive Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) If at the end of the 3 month period:\n    (a) there continues to be a vacancy in the office of Executive Director; or\n    (b) the Executive Director continues to be absent or unable to perform the duties of the office;\n  then the Minister, on the recommendation of the Trust, may appoint a person to act as the Executive Director.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Additional terms and conditions of appointment of Executive Director","content":"#### 43 Additional terms and conditions of appointment of Executive Director\n\n  (1) The Executive Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Trust.\n  (2) However, the Trust must first request the advice of the Remuneration Tribunal in respect of the remuneration and allowances of the Executive Director.","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Outside employment of Executive Director","content":"#### 44 Outside employment of Executive Director\n\n  The Executive Director must not engage in paid employment outside the duties of his or her office except with the approval of the Trust.","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Leave of absence","content":"#### 45 Leave of absence\n\n  The Chair may grant leave of absence to the Executive Director on the terms and conditions that the Chair determines.","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Resignation","content":"#### 46 Resignation\n\n  The Executive Director may resign his or her appointment by giving the Minister a written resignation.","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Termination of appointment of Executive Director","content":"#### 47 Termination of appointment of Executive Director\n\n  The Minister may, on the recommendation of the Trust, terminate at any time the appointment of the Executive Director.","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Employees","content":"#### 48 Employees\n\n  (1) The Trust may employ any person who it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Trust determines.\n  (3) The Executive Director, on behalf of the Trust, may arrange with the Secretary of any Department of the Australian Public Service, or with a body of the Commonwealth, for the services of officers or employees of that Department or of that body to be made available to the Trust.","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Consultants","content":"#### 49 Consultants\n\n  (1) The Trust may engage persons having suitable qualifications and experience as consultants to the Trust.\n  (2) The consultants are to be engaged on the terms and conditions that the Trust determines.","sortOrder":57},{"sectionNumber":"Part 7","sectionType":"part","heading":"Meetings of the Trust","content":"## Part 7—Meetings of the Trust","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Times and places of meetings","content":"#### 50 Times and places of meetings\n\n  (1) The Trust is to hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at such times and places as the Trust determines.\n  (3) The Chair may call a meeting at any time if, in his or her opinion, it is in the public interest for the Trust to consider matters urgently.\n  (4) The Chair must ensure that at least 4 meetings are held each year.\n  (5) The Chair must also ensure that:\n    (a) at least one of those meetings is held in each 6 month period starting on 1 January or 1 July; and\n    (b) that meeting is open to the public.\n  (6) A decision to meet in private must be recorded in the minutes together with the reasons for so deciding.","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Notice of meetings","content":"#### 51 Notice of meetings\n\n  (1) Each member is entitled to receive at least:\n    (a) 24 hours’ notice of an urgent meeting called by the Chair under subsection 50(3); and\n    (b) 7 days’ written notice of any other meeting of the Trust.\n  (2) The Trust must also give at least 7 days’ notice to the public of a meeting of the Trust, unless the meeting is an urgent meeting or is not open to the public.","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Presiding at meetings","content":"#### 52 Presiding at meetings\n\n  (1) The Chair presides at all meetings at which he or she is present.\n  (2) If the Chair is not present at a meeting, the members present are to appoint a Commonwealth member to preside.","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Quorum","content":"#### 53 Quorum\n\n  A majority of the members for the time being holding office constitutes a quorum.","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Voting at meetings","content":"#### 54 Voting at meetings\n\n  (1) A question is decided by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.","sortOrder":63},{"sectionNumber":"54A","sectionType":"section","heading":"Minutes of meetings","content":"#### 54A Minutes of meetings\n\n  (1) The Trust must keep minutes of its meetings.\n  (2) The reasons why the Chair called an urgent meeting under subsection 50(3) must be recorded in the minutes.\n  (3) The name of each person who moves or seconds a motion must be recorded in the minutes.\n  (4) The minutes must be made publicly available:\n    (a) by electronic means; and\n    (b) for inspection at an office of the Trust.","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Conduct of meetings","content":"#### 55 Conduct of meetings\n\n  The Trust may, subject to this Part, conduct proceedings at its meetings in accordance with a written code of meeting practice.","sortOrder":65},{"sectionNumber":"56","sectionType":"section","heading":"Resolutions without meetings","content":"#### 56 Resolutions without meetings\n\n  If the Trust so determines, a resolution is taken to have been passed at a meeting of the Trust if:\n    (a) without meeting, a majority of the members indicate agreement with the resolution in accordance with the method determined by the Trust; and\n    (b) that majority would have constituted a quorum at a meeting of the Trust.","sortOrder":66},{"sectionNumber":"Part 8","sectionType":"part","heading":"Advisory committees","content":"## Part 8—Advisory committees","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Community advisory committees","content":"#### 57 Community advisory committees\n\n  (1) The Trust must, by writing, establish a community advisory committee in respect of each plan area.\n  (2) The function of each committee is to provide advice or recommendations to the Trust on matters determined under subsection (6) relating to the relevant plan area.\n  (3) In providing that advice or making those recommendations, each committee must consider:\n    (a) the relevant plan area in the context of the Sydney Harbour region; and\n    (b) the objects of the Trust and the other provisions of this Act.\n  (4) Each committee consists of:\n    (a) one or more representatives, appointed by the Trust, of the local community and of affected councils; and\n    (b) any other person appointed by the Trust.\n  (5) A member holds office for the period specified by the Trust. The period must not exceed 3 years.\n  (6) The Trust must, after consulting a committee, give written directions to the committee on:\n    (a) matters in relation to which the committee is to give advice and recommendations under subsection (2); and\n    (b) the way in which the committee is to carry out its function; and\n    (c) procedures to be followed in relation to the meetings of the committee.","sortOrder":68},{"sectionNumber":"57A","sectionType":"section","heading":"The Trust’s obligations to community advisory committees","content":"#### 57A The Trust’s obligations to community advisory committees\n\n  (1) The Trust must provide each community advisory committee with documents and information relevant to matters on which the committee is to give advice or recommendations.\n  (2) In making decisions or taking action in respect of a plan area, the Trust must consider any advice or recommendation of the relevant committee.","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Technical advisory committees","content":"#### 58 Technical advisory committees\n\n  (1) The Trust may establish one or more technical advisory committees.\n  (2) The function of a committee is to provide advice and recommendations on any or all of the following matters:\n    (a) environmental and heritage matters relating to plan areas;\n    (b) rehabilitation and decontamination of plan areas;\n    (c) planning and management of plan areas;\n    (d) financial arrangements for plan areas.\n  (3) In making decisions or taking action in respect of Trust land, the Trust must consider any relevant advice or recommendation of a committee.\n  (4) Each committee consists of persons, appointed by the Trust from time to time, who have considerable qualifications or experience in relation to the matters mentioned in subsection (2).\n  (5) The Trust may give a committee written directions as to:\n    (a) the way in which the committee is to carry out its functions; and\n    (b) procedures to be followed in relation to meetings.","sortOrder":70},{"sectionNumber":"Part 9","sectionType":"part","heading":"Finance","content":"## Part 9—Finance","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Appropriation of money","content":"#### 59 Appropriation of money\n\n  (1) There is payable to the Trust such money as is appropriated by the Parliament.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Trust.","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Application of money","content":"#### 60 Application of money\n\n  (1) The Trust’s money is to be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Trust in the performance of its functions and the exercise of its powers; and\n    (b) in payment or discharge of the liability imposed under section 61; and\n    (c) in payment of remuneration and allowances payable under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Trust.","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Interim Trust costs etc.","content":"#### 61 Interim Trust costs etc.\n\n  (1) If, whether before or after the commencement of this Act, the Commonwealth incurs costs or liabilities in respect of the interim Trust, then the Sydney Harbour Federation Trust must pay to the Commonwealth an amount equal to those costs or liabilities.\n  (2) The amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Borrowing","content":"#### 62 Borrowing\n\n  (1) The Trust may, with the approval of the Finance Minister, borrow money from the Commonwealth or persons other than the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.\n  (2) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Trust may give security","content":"#### 63 Trust may give security\n\n  (1) The Trust must not give security over any land mentioned in Schedule 1.\n  (2) However, the Trust may give security over:\n    (a) the whole or any part of any other Trust land that is identified as suitable for sale in a plan approved under Part 5; or\n    (b) any other assets;\n  for:\n    (c) the repayment by the Trust of money borrowed by the Trust under section 62 and the payment by the Trust of interest (including any compound interest) on that money; or\n    (d) the payment by the Trust of amounts (including any interest) that the Trust is liable to pay with respect to money raised by the Trust under paragraph 8(2)(i).","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Contracts","content":"#### 64 Contracts\n\n  Minister’s written approval\n  (1) The Trust must not, except with the Minister’s written approval, enter into a contract involving the payment or receipt by the Trust of an amount exceeding $5,000,000.\n  (2) In working out the amount under the contract, assume that any option or right to extend or renew the contract will be exercised and take into account the amount under the contract as so extended or renewed.\n  Indexation of threshold amount\n  (3) The dollar amount specified in subsection (1) is a threshold amount.\n  (4) On 1 July 2022 and each subsequent 1 July (an indexation day), the threshold amount is replaced by an amount worked out using the following formula:\n  ![Start formula Indexation factor for the indexation day times Threshold amount immediately before the indexation day end formula](image.002.png)\n  (5) The indexation factor for an indexation day is the number worked out using the following formula:\n  ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula ](image.003.png)\n  where:\n\n> base quarter means the March quarter ending 1 year before the reference quarter ends.\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n> March quarter means a period of 3 months ending on 31 March.\n\n> reference quarter means the March quarter immediately before the indexation day.\n\n  (6) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).\n  (7) An indexation factor that is less than 1 is to be increased to 1.\n  (8) Amounts worked out under subsection (4) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).\n  (9) Calculations under subsection (5):\n    (a) are to be made using only the index numbers published in terms of the most recently published index reference period; and\n    (b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).","sortOrder":77},{"sectionNumber":"64A","sectionType":"section","heading":"Leases or licences over 25 years","content":"#### 64A Leases or licences over 25 years\n\n  (1) The Trust must not enter into a lease or licence over Trust land for a period that is longer than 35 years.\n  (2) The Trust must not enter into a lease or licence over Trust land for a period that is longer than 25 years, and not longer than 35 years, unless the requirements in sections 64B, 64C and 64D are met.\n  (3) In working out the period of a lease or licence, assume that any option or right to extend or renew the lease or licence will be exercised and take into account the period of the lease or licence as so extended or renewed.","sortOrder":78},{"sectionNumber":"64B","sectionType":"section","heading":"Leases and licences over 25 years—statement of reasons","content":"#### 64B Leases and licences over 25 years—statement of reasons\n\n  Trust must prepare statement of reasons\n  (1) The Trust must prepare a written statement (a statement of reasons) that sets out how a proposed lease or licence over Trust land for a period that is longer than 25 years, and not longer than 35 years, is consistent with:\n    (a) the objects of the Trust set out in section 6; and\n    (b) plans approved under Part 5.\n  Consultation with community advisory committee\n  (2) The Trust must:\n    (a) give a draft statement of reasons to any community advisory committee established under Part 8 whose functions relate to the Trust land that is the subject of the proposed lease or licence; and\n    (b) ensure the draft statement of reasons is accompanied by an outline of the following details:\n    (i) the proposed lessee or licensee, and the land the subject of the proposed lease or licence;\n    (ii) the period of the proposed lease or licence;\n    (iii) the uses of the land permitted by the proposed lease or licence; and\n    (c) invite the committee to provide comments on the draft statement of reasons within a 28‑day period.\n  Public consultation\n  (3) The Trust must:\n    (a) make a draft statement of reasons publicly available for a period of at least 28 days; and\n    (b) ensure the draft statement of reasons is accompanied by an outline of the following details:\n    (i) the proposed lessee or licensee, and the land the subject of the proposed lease or licence;\n    (ii) the period of the proposed lease or licence;\n    (iii) the uses of the land permitted by the proposed lease or licence; and\n    (c) invite the public to provide comments on the draft statement of reasons within a 28‑day period.\n  (4) For the purposes of subsection (3), making a draft statement of reasons publicly available includes publishing it on the Trust’s website or the Department’s website.\n  Final statement of reasons\n  (5) In finalising the statement of reasons, the Trust must:\n    (a) consider any comments provided:\n    (i) by the community advisory committee under subsection (2); or\n    (ii) during public consultation under subsection (3); and\n    (b) include any comments provided by the community advisory committee under subsection (2); and\n    (c) include an outline of:\n    (i) the consultation undertaken; and\n    (ii) any comments provided during public consultation under subsection (3).\n  (6) The Trust must give the statement of reasons to the Minister when seeking the Minister’s approval under section 64D for the lease or licence to which the statement of reasons relates.\n  Statement of reasons is not a legislative instrument\n  (7) A statement of reasons is not a legislative instrument.","sortOrder":79},{"sectionNumber":"64C","sectionType":"section","heading":"Leases and licences over 25 years—proposal","content":"#### 64C Leases and licences over 25 years—proposal\n\n  (1) The Trust must not enter into a lease or licence over Trust land for a period that is longer than 25 years, and not longer than 35 years, unless:\n    (a) a proposal that covers the lease or licence has been made under subsection (2); and\n    (b) the time for each House to disallow the proposal under Part 2 of Chapter 3 of the Legislation Act 2003 has passed and neither House disallowed the proposal.\n  (2) The Trust may, by legislative instrument, make a proposal in relation to a lease or licence.\n  (3) For the purposes of paragraph (1)(a), a proposal covers a lease or licence if:\n    (a) the lessee or licensee, and the land the subject of the lease or licence, was specified in the proposal; and\n    (b) the period of the lease or licence does not exceed the maximum period specified in the proposal; and\n    (c) the uses of the land permitted by the lease or licence were specified in the proposal.\n  (4) In addition to the requirements under subsection 15J(2) of the Legislation Act 2003, the Trust must ensure that the explanatory statement for the proposal includes the statement of reasons prepared under section 64B for the lease or licence covered by the proposal.\n  (5) The Trust must, as soon as practicable after the proposal is registered on the Federal Register of Legislation under the Legislation Act 2003, publish a notice of this fact on the Trust’s website.","sortOrder":80},{"sectionNumber":"64D","sectionType":"section","heading":"Leases and licences over 25 years—Minister’s approval","content":"#### 64D Leases and licences over 25 years—Minister’s approval\n\n  (1) The Trust must not, except with the Minister’s written approval, enter into a lease or licence over Trust land for a period that is longer than 25 years, and not longer than 35 years.\n  (2) The Minister must not give approval unless the Minister is satisfied that the terms and conditions of the proposed lease or licence are consistent with:\n    (a) the objects of the Trust set out in section 6; and\n    (b) plans approved under Part 5; and\n    (c) a proposal that covers the lease or licence under section 64C.\n  (3) In considering whether the terms and conditions of the proposed lease or licence are consistent with the matters in paragraphs (2)(a) and (b), the Minister must have regard to the statement of reasons prepared under section 64B for the proposed lease or licence.","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Liability to taxation","content":"#### 65 Liability to taxation\n\n  The Trust is not subject to taxation under a law of the Commonwealth or of a State or a Territory.","sortOrder":82},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Compliance and enforcement","content":"## Part 9A—Compliance and enforcement","sortOrder":83},{"sectionNumber":"65A","sectionType":"section","heading":"Simplified outline of Part","content":"#### 65A Simplified outline of Part\n\nThis Part deals with the compliance and enforcement powers of the Trust.\n\nThe Trust may order a person to cease promoting, conducting or carrying out an activity on Trust land, or to do, or not do, specified things in relation to the activity. If a person fails to comply with an order, the Trust may do anything necessary or convenient to give effect to the order, including any work required by the order.\n\nA person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening a strict liability offence provision of this Act or the regulations. A person who is given an infringement notice can choose to pay an amount as an alternative to proceedings being brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person in relation to the contravention.","sortOrder":84},{"sectionNumber":"65B","sectionType":"section","heading":"Trust may give orders","content":"#### 65B Trust may give orders\n\n  (1) Subject to this section and to section 65C, the Trust may order any person engaged in promoting, conducting or carrying out an activity on Trust land:\n    (a) to cease promoting, conducting or carrying out the activity; or\n    (b) to do, or not to do, such things, in relation to the activity, as are specified in the order and in a way, if any, specified in the order.\n  (2) The Trust may give an order under subsection (1) only if any of the circumstances mentioned in subsection (3) exist.\n  (3) For the purposes of subsection (2), the circumstances are that the Trust reasonably believes that the activity:\n    (a) contravenes this Act or the regulations; or\n    (b) contravenes a condition of a licence or permit granted to the person; or\n    (c) constitutes, or is likely to constitute, a public hazard or a threat to public health or safety; or\n    (d) is causing, or is likely to cause, pollution or environmental damage, or further pollution or environmental damage, on Trust land or elsewhere.\n  (4) If an order is made under paragraph (1)(a) in respect of an activity, an order may be made under paragraph (1)(b) in respect of the same activity.\n  (5) Without limiting paragraph (1)(b), an order may be given under that paragraph to:\n    (a) demolish, repair or remove a structure on Trust land; or\n    (b) collect, remove or dispose of any plant, noxious substance, litter, refuse or waste on Trust land; or\n    (c) repair any environmental damage on Trust land.\n  (6) Applications may be made to the Administrative Review Tribunal for review of decisions of the Trust under this section to give an order.","sortOrder":85},{"sectionNumber":"65C","sectionType":"section","heading":"Form etc. of order","content":"#### 65C Form etc. of order\n\n  (1) An order given under section 65B must be in writing.\n  (2) Subject to subsection (3), the order must specify a reasonable period within which the terms of the order are to be complied with.\n  (3) An order may require immediate compliance in circumstances where there is:\n    (a) a serious risk to public health or safety; or\n    (b) a serious risk of pollution or environmental damage; or\n    (c) an emergency.\n  (4) An order given under section 65B is not a legislative instrument.","sortOrder":86},{"sectionNumber":"65D","sectionType":"section","heading":"Contravention of order","content":"#### 65D Contravention of order\n\n  (1) A person commits an offence if:\n    (a) the person is subject to an order given under section 65B; and\n    (b) the person does an act or omits to perform an act; and\n    (c) the person’s act or omission contravenes the terms of the order.\n\nPenalty: 10 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).","sortOrder":87},{"sectionNumber":"65E","sectionType":"section","heading":"Trust may carry out work if order is contravened","content":"#### 65E Trust may carry out work if order is contravened\n\n  (1) If:\n    (a) a person is given an order under section 65B; and\n    (b) the person fails to comply with the order;\n  the Trust may do anything necessary or convenient to give effect to the order, including any work required by the order.\n  (2) If the Trust incurs costs because of anything done under subsection (1), the person is liable to pay to the Trust, on behalf of the Commonwealth, an amount equal to so much of those costs as are reasonable.\n  (3) An amount under subsection (2) may be recovered by the Trust as a debt due to the Trust, on behalf of the Commonwealth, in:\n    (a) the Federal Court of Australia; or\n    (b) the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n  (4) The Trust may destroy or otherwise dispose of any structure, materials or other thing removed under this section.\n  (5) The Trust may exercise its functions or powers under this section whether or not the person referred to in subsection (1) has been prosecuted for an offence under section 65D.","sortOrder":88},{"sectionNumber":"65F","sectionType":"section","heading":"Infringement notices","content":"#### 65F Infringement notices\n\n  Provisions subject to an infringement notice\n  (1) A strict liability offence against this Act or the regulations is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n  Infringement officer\n  (2) For the purposes of Part 5 of the Regulatory Powers Act, a ranger (within the meaning of the regulations) is an infringement officer in relation to the provisions mentioned in subsection (1).\n  Relevant chief executive\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, the Executive Director is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n  (4) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (5) to a Trust officer (within the meaning of the regulations).\n  (5) The powers and functions that may be delegated are the powers and functions of the relevant chief executive under the following provisions of the Regulatory Powers Act:\n    (a) section 105 (extension of time to pay amount);\n    (b) section 106 (withdrawal of an infringement notice).\n  (6) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive.\n  Matters to be included in infringement notices\n  (7) Paragraph 104(1)(c) of the Regulatory Powers Act does not apply in relation to an infringement notice for an alleged contravention of a provision mentioned in subsection (1) involving a vehicle or a vessel (within the meaning of the regulations) if the notice is served in accordance with paragraph 65G(1)(b) of this Act.\n  (8) Paragraph 104(1)(d) of the Regulatory Powers Act does not apply in relation to an infringement notice for an alleged contravention of a provision mentioned in subsection (1) to the extent that paragraph requires the infringement notice to state the name and contact details of the person who gave the notice.\n  (9) In addition to the matters included in subsection 104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of a provision mentioned in subsection (1) must also include the following:\n    (a) the ranger identification number (within the meaning of the regulations) of the infringement officer who issued the notice;\n    (b) the contact details of the relevant chief executive;\n    (c) if a vehicle or a vessel (within the meaning of the regulations) was involved in the alleged contravention—the registration number of the vehicle or vessel;\n    (d) any other information that the relevant chief executive considers necessary.","sortOrder":89},{"sectionNumber":"65G","sectionType":"section","heading":"Infringement notices—serving notices for contraventions involving vehicles or vessels","content":"#### 65G Infringement notices—serving notices for contraventions involving vehicles or vessels\n\n  (1) For an alleged contravention of a provision mentioned in subsection 65F(1) involving a vehicle or a vessel (within the meaning of the regulations), an infringement notice may be served:\n    (a) personally on a person who appears to be in charge of the vehicle or vessel; or\n    (b) by securely placing the notice on the vehicle or vessel in a conspicuous place; or\n    (c) by posting it to the address of the person who is registered as the owner or operator of the vehicle or vessel; or\n    (d) if a statutory declaration has been given to a Trust officer under the regulations naming a person as being in charge of the vehicle or vessel at the time of the alleged contravention—personally on that person, or by posting it to the address of the person given in the statutory declaration.\n  (2) A person commits an offence of strict liability if:\n    (a) an infringement notice is placed on a vehicle or vessel under paragraph (1)(b); and\n    (b) the person removes, defaces or interferes with the infringement notice; and\n    (c) the person is not:\n    (i) in charge of the vehicle or vessel; or\n    (ii) registered as the owner or operator of the vehicle or vessel; or\n    (iii) authorised to do so by the person in charge of the vehicle or vessel; or\n    (iv) authorised to do so by the person registered as the owner or operator of the vehicle or vessel.\n\nPenalty: 2 penalty units.","sortOrder":90},{"sectionNumber":"65H","sectionType":"section","heading":"Infringement notices—evidentiary certificates","content":"#### 65H Infringement notices—evidentiary certificates\n\n  (1) The Executive Director may sign a certificate that states any of the following in relation to an infringement notice served on a person:\n    (a) that the amount payable under the infringement notice was not paid by the person within the time specified in the notice;\n    (b) that the Executive Director granted, or refused to grant, an extension of time to the person to pay the amount payable under the infringement notice;\n    (c) that the amount payable under the infringement notice was not paid by the person within the period specified in the extension;\n    (d) that the infringement notice was withdrawn under section 106 of the Regulatory Powers Act on a day specified in the certificate.\n  (2) At a hearing of a prosecution for an offence mentioned in an infringement notice, a certificate signed by the Executive Director in accordance with subsection (1) is prima facie evidence of the matters stated in the certificate.\n  (3) A certificate must not be admitted in evidence at a hearing of a prosecution for an offence mentioned in an infringement notice unless:\n    (a) the person charged with the offence; or\n    (b) a barrister or solicitor who has appeared for the person in relation to the hearing;\n  has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the hearing.\n  (4) A certificate that purports to be signed by the Executive Director is taken to have been signed by the Executive Director unless the contrary is proved.","sortOrder":91},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"## Part 11—Miscellaneous","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Annual report","content":"#### 70 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include:\n    (a) a description of the condition of plan areas at the end of the period; and\n    (b) the text of all directions, and reasons for directions, given by the Minister to the Trust under section 9 during the period.","sortOrder":93},{"sectionNumber":"70AA","sectionType":"section","heading":"Corporate plan","content":"#### 70AA Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.","sortOrder":94},{"sectionNumber":"70A","sectionType":"section","heading":"Fees for documents","content":"#### 70A Fees for documents\n\n  The Trust may charge a reasonable fee for copies of the following documents:\n    (a) draft plans and plans approved under Part 5;\n    (b) submissions made under Part 5 on:\n    (i) proposals to prepare draft plans; and\n    (ii) draft plans; and\n    (iii) amendments to draft plans;\n    (c) any other documents made available by the Trust.","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Exemption from certain State laws","content":"#### 71 Exemption from certain State laws\n\n  (1) An excluded State law does not apply, and is taken never to have applied, in relation to:\n    (a) the Trust; or\n    (b) the property (including Trust land) or transactions of the Trust; or\n    (c) anything done by or on behalf of the Trust.\n  (2) In this section:\n\n> excluded State law means a law of a State, including a law of a State that is applied to a Commonwealth place by virtue of the Commonwealth Places (Application of Laws) Act 1970, that relates to any of the following matters:\n\n    (a) town planning;\n    (b) the use of land;\n    (c) tenancy;\n    (d) powers and functions of local councils;\n    (e) standards applicable to the design, or manner of construction, of a building, structure or facility;\n    (f) approval of the construction, occupancy, use of or provision of services to, a building, structure or facility;\n    (g) alteration or demolition of a building, structure or facility;\n    (h) the protection of the environment or of the natural and cultural heritage;\n    (i) dangerous goods;\n    (j) licensing in relation to:\n    (i) carrying on a particular kind of business or undertaking; or\n    (ii) conducting a particular kind of operation.\n\n> law means a written law, and includes:\n\n    (a) subordinate legislation; and\n    (b) a provision of a law.","sortOrder":96},{"sectionNumber":"72","sectionType":"section","heading":"Delegation","content":"#### 72 Delegation\n\n  (1) The Trust may, by writing, delegate to:\n    (a) the Executive Director; or\n    (b) an SES employee of the Department; or\n    (c) a person employed under section 48;\n  all or any of the functions and powers conferred on the Trust by this Act.\n  (2) The Executive Director must report at least once every 6 months on the exercise of delegated functions and powers.","sortOrder":97},{"sectionNumber":"73","sectionType":"section","heading":"Regulations","content":"#### 73 Regulations\n\n  (1) The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) In particular, the regulations may make provision relating to any of the following:\n    (a) conferring functions on the Trust for the purposes of the regulations;\n    (b) the content of plans;\n    (c) giving effect to, and enforcing the observance of, plans;\n    (d) the way in which proposed land uses are identified in draft plans;\n    (e) services and facilities in, or in connection with, Trust land;\n    (f) charging of fees by the Trust in respect of services or facilities provided by the Trust in or in connection with Trust land;\n    (g) protecting and conserving the environmental and heritage values of Trust land;\n    (h) removing persons unlawfully on Trust land or committing offences against regulations on Trust land;\n    (i) regulating conduct of persons on Trust land;\n    (j) regulating or prohibiting carrying on any trade or commerce on Trust land;\n    (k) removing unauthorised structures from Trust land;\n    (l) granting or issuing licences, permissions, permits and authorities in respect of Trust land;\n    (m) the conditions subject to which licences, permissions, permits and authorities are granted or issued;\n    (n) charging of fees by the Trust in respect of such licences, permissions, permits and authorities;\n    (o) penalties for offences against the regulations by way of fines of no more than 10 penalty units;\n    (oa) imposing liability for offences against the regulations involving vehicles or vessels on the owners of the vehicles or vessels;\n    (ob) the evidentiary requirements in relation to prosecutions for offences against the regulations;\n    (oc) the provision of documents, by the Trust or another person, to persons alleged to have committed offences against the regulations;\n    (od) the recovery, by way of penalty, by the Trust on behalf of the Commonwealth, of reasonable costs incurred by the Trust as a result of a contravention of an order, direction or other requirement;\n    (p) functions and powers of wardens and rangers for Trust land;\n    (q) the appointment of wardens and rangers;\n    (r) arrangements with the Commonwealth, New South Wales and affected councils for the performance of functions and the exercise of powers of wardens and rangers;\n    (ra) the removal of objects and other matter from, and the moving of objects and other matter on, Trust land by wardens and rangers, including the removal or moving of objects and other matter (including animals) that are the property of other persons;\n    (rb) the disposal of objects and other matter removed from, or moved on, Trust land, including the disposal of objects and other matter that are the property of other persons;\n    (s) any matter incidental to or connected with any of the above.","sortOrder":98}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original intent focused on establishing a body to conserve and open up former defence lands around Sydney Harbour for public access and park use. Over time the Act has expanded significantly in scope — most notably through amendments adding detailed commercial leasing provisions (sections 64A–64D) with parliamentary oversight mechanisms for long-term leases, a comprehensive compliance and enforcement Part (Part 9A) with infringement notice frameworks drawn from the Regulatory Powers Act, CPI indexation of contract thresholds, evidentiary certificate provisions, and vehicle/vessel-specific enforcement rules. These additions shift the Act well beyond its original conservation and planning mandate into a detailed commercial and regulatory enforcement regime."},"complexity_factors":["Interplay between Commonwealth and NSW State jurisdiction creates a dual-governance layer requiring careful navigation","Multiple approval pathways with different thresholds (leases under 25 years, 25-35 years, over 35 years prohibited) each with distinct procedural requirements","Sections 64B, 64C and 64D create a layered approval process for longer leases involving community consultation, parliamentary disallowance, and Ministerial sign-off","CPI-indexed contract thresholds with detailed formula calculations (section 64)","Integration with multiple external legislative frameworks: Public Governance Performance and Accountability Act 2013, Regulatory Powers Act 2014, Legislation Act 2003, Lands Acquisition Act 1989, Acts Interpretation Act 1901","Broad exemption from State laws in section 71 creates an unusual legal enclave with its own regulatory regime","Transitional provisions for activities before plans take effect (sections 38, 38A, 38B) introduce time-sensitive operational constraints","Parliamentary disallowance mechanism for long-term leases adds a legislative instrument layer with its own procedural requirements","Enforcement framework blends Trust orders, criminal offences, infringement notices, and civil debt recovery across multiple courts","Membership composition requirements (Indigenous representation, local government perspective, NSW recommendations, public employee caps) must all be satisfied simultaneously"],"plain_english_summary":"## Sydney Harbour Federation Trust Act 2001\n\n### What Is This Law?\n\nThis law creates the **Sydney Harbour Federation Trust** — a Commonwealth (federal) government body responsible for managing former military and other government-owned land around Sydney Harbour. Think of it as a custodian for some of Sydney's most significant waterfront properties that used to be locked away as defence or government land.\n\n### What Land Does It Cover?\n\nThe Trust manages specific sites listed in the Act's schedules (like former military bases — Cockatoo Island, Middle Head, etc.) plus any other Sydney Harbour land the federal government transfers to it. This land stays owned by the Commonwealth but the Trust manages it day-to-day.\n\n### Who Is the Trust and How Is It Structured?\n\n- **8 members** (a Chair plus 7 others), appointed by the federal Minister\n- At least **2 members** are recommended by the NSW Government\n- At least **1 member** must be Aboriginal or Torres Strait Islander\n- At least **1 member** must bring a local government perspective\n- Members must have expertise in areas like environment, heritage, planning, business, tourism, military service, or law\n- An **Executive Director** runs day-to-day operations\n- No more than half the board can be government employees\n\n### What Does the Trust Actually Do?\n\n- **Protect and restore** the environmental and heritage values of harbour land\n- **Maximise public access** — the land should be open to the people of Sydney\n- **Develop management plans** for each site (with extensive public consultation required)\n- **Manage leases and licences** — it can rent out buildings or land, but with strict limits (no lease longer than 35 years, and leases over 25 years require parliamentary scrutiny and Ministerial approval)\n- **Enforce rules** on Trust land — rangers can issue infringement notices (like fines) for rule-breaking, and the Trust can order people to stop harmful activities\n\n### What Protections Exist for the Land?\n\n- **Schedule 1 land** (the most significant sites) can only ever be sold to the Commonwealth, NSW Government, or a local council — it can never be sold to private developers\n- **Schedule 2 land** needs Ministerial approval before sale\n- The Trust **cannot give security** (like a mortgage) over Schedule 1 land\n- Before plans are approved, only limited, temporary activities can happen on the land — no permanent changes\n\n### How Are Plans Made?\n\nManagement plans go through a lengthy process:\n1. **Public notice** inviting community submissions\n2. **Draft plan** released publicly for at least a month\n3. **NSW Government consultation** (gets 2 months to comment)\n4. **Ministerial approval** (federal)\n5. **Community advisory committees** for each plan area provide ongoing advice\n\n### Key Things That Affect Ordinary People\n\n- **Public access**: The law explicitly aims to maximise your access to this historic harbour land — beaches, parks, heritage buildings\n- **You can participate**: Public consultation is legally required before any management plan is adopted\n- **State laws don't fully apply**: The Trust is exempt from NSW planning laws, building codes, tenancy laws, and environmental laws — it operates under its own federal framework\n- **Meetings are public**: At least 2 Trust meetings per year must be open to the public, with 7 days' notice\n- **Rangers can fine you**: If you break rules on Trust land (like a national park-style offence), you can receive an infringement notice\n- **Big contracts are scrutinised**: Any contract over ~$5 million (indexed for inflation) needs Ministerial sign-off"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"38A(2) and 38A(1)","severity":"high","reasoning":"The structure of s38A is that (1) lists permitted actions (a)-(f), then (2) restricts 'work' to only (d), (e) and (f). If 'work' is read broadly, (a), (b) and (c) are simultaneously authorised and prohibited. Even if 'work' is read narrowly to exclude leases/licences, there is textual ambiguity sufficient to create an impossible compliance scenario for the Trust, which cannot be sure which actions are lawful.","confidence":0.78,"description":"Section 38A(1) grants the Trust a list of powers it may exercise before a plan takes effect, including paragraphs (a) through (f). Section 38A(2) then immediately states the Trust must not carry out, or allow to be carried out, 'any work other than the work mentioned in paragraphs (1)(d), (e) and (f)'. However, paragraph (1)(c) expressly grants power to 'grant leases and licences over the area in accordance with section 38B', and paragraph (1)(a) and (b) grant power to determine and use the area. Subsection (2) would thus appear to prohibit the very powers granted in (1)(a), (b) and (c), rendering those sub-paragraphs effectively inoperative — they are granted with one hand and taken away with the other."},{"type":"impossible_compliance","section":"38A(4)","severity":"high","reasoning":"The mandatory content requirements of s28(3)(a) necessarily encompass activities that s38A(4) forbids the Trust from considering. A drafter cannot logically mandate an historical account of land use while simultaneously prohibiting the Trust from accounting for uses it itself conducted on that same land.","confidence":0.82,"description":"Section 38A(4) prohibits the Trust from taking into account things done under subsection (1) when determining the content of draft plans. However, section 28(3)(a) requires a plan to contain 'a history and description of the plan area, including an identification of current land uses of the area'. If the Trust has been using the area pursuant to s38A(1), those uses are current land uses that must be identified under s28(3)(a), yet s38A(4) prohibits the Trust from taking those actions into account. This creates an impossible compliance situation: the Trust must both ignore and record what has occurred on the land."},{"type":"circular_definition","section":"57(1) and 26(1)","severity":"medium","reasoning":"The obligation to establish advisory committees is triggered by the existence of a plan area, but the advisory committees are needed for the process that creates the plan area. This creates a circularity that makes the consultation obligation potentially meaningless in the initial planning cycle.","confidence":0.72,"description":"Section 57(1) requires the Trust to establish a community advisory committee 'in respect of each plan area'. A 'plan area' is defined in s3 as 'the land covered by a plan under section 27', and a plan only exists after the draft plan process under Part 5 is completed and approved. However, s29(3)(b) requires the Trust to take into account advice from advisory committees when preparing draft plans — before a plan (and therefore a plan area) formally exists. The Trust is therefore required to consult committees that it has no obligation to establish until after the very process for which the consultation is needed."},{"type":"impossible_compliance","section":"38B(2)(b)","severity":"medium","reasoning":"The 18-month expiry cap on pre-plan leases is structurally misaligned with the potentially multi-year timeframe before a plan takes effect. The Trust is left with no legal mechanism to grant or renew leases once the 18-month window closes but before a plan exists.","confidence":0.75,"description":"Section 38B(2)(b) requires that a fixed-term lease over Trust land granted before a plan takes effect 'must expire within 18 months after the vesting of the land in the Trust'. Section 21(1) requires the Minister to specify vesting within 4 years of the Act commencing, and s26(1) gives the Trust a further 2 years to prepare a draft plan — meaning a plan could lawfully take effect more than 6 years after commencement. A lease that expires 18 months after vesting may therefore expire long before a plan takes effect, leaving a gap in occupancy management with no mechanism to extend the lease. The practical consequence is that the Trust may be unable to maintain any continuity of use during an extended pre-plan period."},{"type":"impossible_compliance","section":"12(4)","severity":"low","reasoning":"While not always triggered, the intersection of mandatory appointment criteria (s12(3) and s12(3A)) with the public employee cap (s12(4)) could in specific circumstances make it impossible to simultaneously satisfy all conditions, particularly where the locally qualified candidate is a council officer.","confidence":0.55,"description":"Section 12(4) prohibits the Minister from appointing a member if, immediately after appointment, more than one-half of members would be public employees. The Trust has 8 members (s10). One-half of 8 is 4, so the cap is 4 public employees. However, s12(3) mandates one member be an Aboriginal or Torres Strait Islander person, s12(3A) mandates one member provide a local government perspective, and s12(2) requires all members to have relevant experience. A person providing a 'local government perspective' under s12(3A) is most likely to be a current local government employee, who would be a 'public employee' under the definition in s3. If multiple mandatory categories overlap with the public employee definition, the Minister may find compliance with the mandatory appointment requirements arithmetically incompatible with the public employee cap."},{"type":"impossible_compliance","section":"52(2)","severity":"medium","reasoning":"The restriction to Commonwealth members for the presiding role creates a gap: a meeting could be quorate under s53 (majority of members holding office) but unable to appoint a presiding member if no Commonwealth member is present. The Act provides no fallback mechanism.","confidence":0.8,"description":"Section 52(2) provides that if the Chair is absent, 'the members present are to appoint a Commonwealth member to preside'. However, s10 provides that the Trust consists of the Chair and 7 other members. The definition of 'Commonwealth member' in s3 is 'a member who was appointed by the Minister under section 12, other than on the recommendation of New South Wales'. If all Commonwealth members are absent when the Chair is absent, there is no mechanism to appoint a presiding member from the NSW-recommended members, leaving the meeting inquorate or ungovernable despite a possible quorum of NSW-recommended members being present."},{"type":"other","section":"50(5) and 50(4)","severity":"low","reasoning":"Minor drafting ambiguity rather than a clear logical flaw, but the interaction between the numerical minimums creates interpretive uncertainty about whether public meetings count toward the 4-meeting annual minimum.","confidence":0.5,"description":"Section 50(4) requires the Chair to ensure 'at least 4 meetings are held each year'. Section 50(5)(a) requires that 'at least one of those meetings is held in each 6 month period starting on 1 January or 1 July'. Two six-month periods cover a full calendar year, so s50(5) only mandates 2 open public meetings per year. However, s50(5) uses the words 'one of those meetings' (referring to the 4 required under s50(4)), suggesting the public meeting obligation is a subset of the 4-meeting obligation. This is internally consistent but creates ambiguity: if only 2 of the 4 required meetings must be public, and the Act says 'at least one' per 6-month period, does compliance with s50(5) satisfy s50(4) if only 2 meetings are held? The drafting is confused as to whether the 4-meeting requirement is independent or overlapping."},{"type":"self_contradicting","section":"65(liability to taxation) and 4 (Act binds the Crown)","severity":"low","reasoning":"This is a common feature of legislation establishing government bodies and the tension is well-understood in Australian administrative law. The severity is low because such exemptions are routinely interpreted as carve-outs from otherwise applicable laws, but the logical tension is real.","confidence":0.4,"description":"Section 65 exempts the Trust from 'taxation under a law of the Commonwealth or of a State or a Territory'. Section 4 provides that the Act binds the Crown in each of its capacities. Read together, the Trust — a Commonwealth body — is exempted from Commonwealth taxation laws, yet those same Commonwealth taxation laws bind the Crown (i.e. the Commonwealth). The Trust is simultaneously a Commonwealth entity bound by Commonwealth law under s4 and exempted from Commonwealth law under s65. While tax exemptions for government bodies are common, the blanket nature of s65 combined with s4's Crown-binding clause creates a structural tension."}],"contradictions":[{"severity":"high","section_a":"38A(1)(c) and 38A(2)","section_b":"38B(2)(a)","confidence":0.75,"description":"Section 38A(1)(c) permits the Trust to grant leases before a plan takes effect, and s38B(2)(a) limits such leases to 12 months. However, s38A(2) states the Trust must not carry out 'any work other than the work mentioned in paragraphs (1)(d), (e) and (f)'. If 'work' encompasses the granting of leases (i.e. the administrative act of entering lease arrangements), then s38A(2) prohibits what s38A(1)(c) and s38B explicitly contemplate and regulate. This creates a direct contradiction between the permission in s38A(1)(c)/s38B and the prohibition in s38A(2)."},{"severity":"low","section_a":"24(1)(c) and 24(1)(d)","section_b":"24(2)","confidence":0.55,"description":"Section 24(1) prohibits transfer of Schedule 1 land except to the Commonwealth, NSW or an affected council (with a condition preventing further transfer). Section 24(2) requires the Trust to seek Ministerial approval for 'the terms and conditions' and 'the transferee' if it 'agrees to sell or otherwise transfer the freehold interest of any Trust land'. Read literally, s24(2) appears to apply to all Trust land including Schedule 1 land, requiring Ministerial approval — yet s24(1) already restricts the class of permissible transferees for Schedule 1 land. This is not a direct contradiction but creates redundancy and ambiguity: does the Minister have discretion to approve a transfer of Schedule 1 land to a party outside s24(1)(c), or does s24(1) absolutely restrict the Minister's role under s24(2) for Schedule 1 land?"},{"severity":"medium","section_a":"37(1)","section_b":"37(2)","confidence":0.7,"description":"Section 37(1) provides that once a plan is approved and notified, the Commonwealth, Trust and other Commonwealth bodies 'must act in accordance with the plan' even if the plan has not yet taken effect in respect of that area. Section 37(2) then states this section does not 'authorise or require' carrying out an activity the entity is 'not otherwise legally able to carry out'. This creates a contradiction: s37(1) imposes a mandatory obligation ('must act in accordance with') while s37(2) simultaneously removes any requirement to comply if the activity is not otherwise legally authorised. An entity could use s37(2) to avoid all obligations under s37(1) by asserting it lacks separate legal authority for the plan-mandated activity."},{"severity":"low","section_a":"64A(1)","section_b":"64A(2)","confidence":0.5,"description":"Section 64A(1) states the Trust 'must not enter into a lease or licence over Trust land for a period that is longer than 35 years' — an absolute prohibition. Section 64A(2) states the Trust 'must not enter into a lease or licence... for a period that is longer than 25 years, and not longer than 35 years, unless the requirements in sections 64B, 64C and 64D are met'. This implies that if those requirements ARE met, a lease of 25-35 years IS permissible. The structure is internally consistent, but the absolute cap in (1) combined with the conditional permission in (2) creates ambiguity about whether the 35-year maximum is truly absolute or whether it too could be overridden by regulation or Ministerial approval. The drafting also fails to address what happens if ss64B-64D requirements are met but the period exceeds 35 years — does s64A(1) still operate?"},{"severity":"low","section_a":"9(1) and 9(3)","section_b":"40","confidence":0.55,"description":"Section 9(3) requires the Trust to perform its functions 'in a manner consistent with any directions given by the Minister'. Section 40 requires the Executive Director to manage the affairs of the Trust 'subject to the directions of, and in accordance with policies determined by, the Trust'. If the Minister directs the Trust to act in a particular way, and the Trust then directs the Executive Director accordingly, there is no contradiction. However, if the Trust's own policies conflict with the Minister's directions (which the Trust is compelled to follow under s9(3)), the Executive Director is caught between the Trust's directions (under s40) and the Trust's mandatory compliance with the Minister (under s9(3)). The Act does not provide an explicit hierarchy to resolve this for the Executive Director personally."},{"severity":"medium","section_a":"26(1)","section_b":"21(1)","confidence":0.68,"description":"Section 21(1) requires vesting to be specified 'within 4 years of this Act commencing'. Section 26(1) requires the Trust to prepare a draft plan 'within 2 years of this Act commencing'. The 2-year plan preparation deadline precedes the 4-year vesting deadline, meaning the Trust could be required to prepare a draft plan for land that has not yet vested in it and for which it holds no title, management authority or practical control. While s27(2) contemplates plans covering non-vested land, the mandatory obligation in s26(1) combined with potentially incomplete vesting creates a situation where the Trust must plan for land it does not yet hold."},{"severity":"medium","section_a":"65B(6)","section_b":"65D(1)","confidence":0.72,"description":"Section 65B(6) provides that applications may be made to the Administrative Review Tribunal for review of Trust decisions to give an order under s65B. Section 65D(1) makes it a criminal offence to contravene a s65B order. These two provisions are not inherently contradictory but create a structural tension: a person subject to an order must comply with it (or face criminal liability under s65D) even while seeking review of that order under s65B(6). The Act contains no provision staying the operation of an order pending review, meaning a person exercising a statutory right of review is simultaneously exposed to criminal liability for non-compliance. This is a logical conflict between the review right and the compliance obligation."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The Act establishes the Trust to manage Sydney Harbour land with objects focused on conservation, public access, and heritage. While later amendments added detailed compliance/enforcement mechanisms (Part 9A) and tightened lease controls (sections 64A-64D), these elaborate on rather than depart from the core land management function. The scope remains focused on the Sydney Harbour region and the specific sites listed in Schedules 1 and 2."},"complexity_factors":["Multiple overlapping consultation requirements (public, NSW Minister, community advisory committees) with different timeframes (28 days, 2 months, 'at least one month')","Nested conditional logic for long-term leases (sections 64A-64D): 25-35 year leases require statement of reasons → community consultation → public consultation → legislative instrument proposal → parliamentary disallowance period → ministerial approval","Complex vesting mechanics (sections 21-22) with Gazette notices, 4-year windows, and substitution of parties in existing agreements","Extensive cross-referencing to other Acts: Public Governance, Performance and Accountability Act 2013, Regulatory Powers (Standard Provisions) Act 2014, Legislation Act 2003, Lands Acquisition Act 1989, Aboriginal and Torres Strait Islander Act 2005, Acts Interpretation Act 1901","Detailed indexation formula for contract thresholds (section 64) with CPI calculations, rounding rules, and base/reference quarter definitions","Multiple exceptions and carve-outs: section 71 exempts Trust from state laws across 10 categories; section 25 exempts land disposals from Lands Acquisition Act; section 38A allows pre-plan activities with restrictions","17 defined terms in section 3, some with nested definitions (e.g., 'interest' in relation to land has 2 sub-paragraphs; 'Trust land' has 2 conditions)","Transitional provisions (sections 38, 38A, 38B) creating temporary regimes for pre-plan activities with specific time limits (12 months, 18 months, monthly tenancies)"],"plain_english_summary":"This Act creates the **Sydney Harbour Federation Trust** — a federal body that manages former Defence and other Commonwealth land around Sydney Harbour. Think of it as a special 'landlord' for iconic harbour sites like Cockatoo Island and North Head.\n\n**What it does:**\n- **Establishes the Trust** as a corporate body (like a company, but government-owned) with a board of 8 members, including one Indigenous member and one with local government experience. NSW gets to recommend 2 members.\n- **Takes control of land** — specific sites listed in Schedules 1 and 2 (mostly old military bases and naval sites) are transferred from Defence to the Trust over 4 years. The Trust holds this land 'for the Commonwealth' but manages it day-to-day.\n- **Requires management plans** — Before doing much with the land, the Trust must prepare detailed plans covering environmental protection, heritage conservation, public access, and costs. These plans need public consultation, NSW government input, and ministerial approval.\n- **Restricts land sales** — The Trust generally cannot sell the freehold (permanent ownership) of the most important sites. If it does sell other land, it needs ministerial approval and can only sell to the Commonwealth, NSW, or local councils.\n- **Limits long-term leases** — Leases over 25 years need extra hoops: a public 'statement of reasons', community consultation, a formal parliamentary proposal (which either House can veto), and ministerial sign-off.\n- **Provides enforcement powers** — The Trust can issue 'cease activity' orders for illegal or dangerous activities, and can use infringement notices (on-the-spot fines) for minor offences.\n- **Exempts the Trust from state laws** — NSW planning, environmental, and building laws don't apply to Trust land. The Trust operates under its own rules and federal regulations instead.\n\n**Who it affects:**\n- **The public** — gains access to harbour sites that were previously off-limits military land.\n- **Local communities** — get advisory committees and consultation rights on plans.\n- **NSW Government and councils** — have formal roles in recommending board members and commenting on plans, but don't control the land.\n- **Developers and lessees** — face strict limits on what they can do with Trust land.\n\n**Why it matters:**\nThis Act is about transforming Sydney's military heritage into public parkland while protecting environmental and heritage values. It balances federal control with community input, and ensures these iconic sites aren't sold off to private developers without parliamentary scrutiny."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act’s operative scope — establishing a Commonwealth Trust to hold, conserve and manage specified Sydney Harbour land with an integrated planning, consultation and enforcement framework — is set out consistently in the objects (s6), functions (s7) and the rest of the Act (notably s21–s36, s65B–s65E, s71). The Act centralises decision‑making for Trust land within Commonwealth mechanisms (including exemptions from State laws at s71 and Ministerial directions at s9) rather than expanding beyond the stated objects. Provisions that increase the Trust’s autonomy (exemptions, enforcement, restrictions on transfers and long leases) are enacted in furtherance of the Act’s objects and are therefore part of the scope the Act itself defines."},"complexity_factors":["Multi‑stage planning process with public consultation, advisory committees, Ministerial review and State Minister input (s26–s36, s31).","Layered governance and appointment rules (Ministerial appointments, required Aboriginal member, local government perspective, limits on number of public employees; s11–s13, s20).","Ministerial discretions that bind the Trust (directions with written reasons, approval of major contracts and long leases; s9, s64, s64D).","Interaction with other statutes and regimes (Regulatory Powers Act for infringements, Public Governance, Performance and Accountability Act for corporate governance, Legislation Act rules for disallowable proposals; s65A, s59 note, s64C).","Detailed restrictions and procedures for land transfer, security and long‑term leases, including indexation and thresholds for contracts (s24, s63, s64–s64A).","Exemption from many State laws affecting land use and local government powers (s71), concentrating decision‑making within the Trust and Commonwealth framework.","Enforcement powers combining administrative orders, criminal penalties, and cost recovery coupled with delegated enforcement officers (s65B–s65E, s65F–s65H).","Regulatory delegation and scope for regulations to cover wide operational matters including fees, rangers’ powers, licensing, and penalties (s72–s73)."],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes the Sydney Harbour Federation Trust as a corporate body (s5). The Trust holds and manages specified Commonwealth land in the Sydney Harbour region (\"Trust land\") on behalf of the Commonwealth (s22, s7(a)).\n- Sets out the Trust’s purposes: enhancing amenity of the Harbour region; protecting, conserving and interpreting environmental and heritage values; maximising public access; managing certain Trust land as a park; and cooperating with Commonwealth bodies, New South Wales, affected councils and the community (s6).\n- Gives the Trust functions and broad powers to implement those objects, including acquiring, holding and disposing of property, entering contracts, forming companies, borrowing subject to approval, and entering partnerships and joint ventures (s7, s8, s62).\n- Prescribes the Trust’s constitution, appointment and removal of the Chair and members, and the Executive Director (s10–s20, s39–s47). The Minister appoints members and may give written directions to the Trust; the Trust must be consistent with those directions and the Minister must give written reasons (s9, s12–s13, s17).\n- Provides a statutory, public planning process for all Trust land: the Trust must prepare draft plans for each Trust land site (timelines, s26), consult publicly and with advisory committees (s29–s31, s57, s57A), submit drafts to the Commonwealth Minister who must consult the State Minister (s31), and notify approved plans to take effect (s34–s35). Plans must include environment/heritage assessments, land‑use proposals, cost estimates and options for implementation (s28).\n- Controls how Trust land may be transferred or encumbered: restrictions on sale or transfer of Schedule 1 land and certain Schedule 2 land; Ministerial approval required for some transfers; limits on giving security over Schedule 1 land (s24, s63).\n- Limits long leases and licences: maximum 35 years overall; special procedures (public consultation, written statement of reasons, a disallowable legislative proposal and Ministerial approval) apply to leases/licences longer than 25 years and up to 35 years (s64A–s64D).\n- Sets out finance, accountability and administrative rules: Parliamentary appropriation and Finance Minister directions for payments (s59–s60), Trust to meet interim Trust costs (s61), Remuneration Tribunal matters (s17), annual reporting requirements including Minister directions (s70).\n- Provides compliance and enforcement powers: the Trust may order persons to stop or alter activities on Trust land where breaches, hazards or environmental damage are reasonably believed (s65B–s65C); failing to comply is an offence (s65D) and the Trust may carry out necessary work and recover reasonable costs from the non‑compliant person (s65E). Infringement notices may be issued under the Regulatory Powers Act by rangers (s65F–s65H).\n- Grants the Trust exemptions from many State laws relating to town planning, land use, local council powers, building standards, environmental/heritage protection and licensing (s71).\n- Enables the Governor‑General to make detailed regulations to give effect to the Act, including powers to regulate conduct on Trust land, fees, rangers and penalties (s73).\n\nWho is affected\n\n- The Trust’s members, the Chair and Executive Director (appointments, duties, remuneration: s10–s20, s39–s47, s17).\n- Commonwealth bodies and the Finance Minister (interactions, approvals, borrowing and shared functions: s7(e), s59, s62).\n- New South Wales and affected councils (invited to recommend members, consulted on plans, limited transferees of Schedule 1 land: s11, s21, s31, s24).\n- People and businesses using or proposing activities on Trust land (subject to plans, licences, leases, orders and regulations: s28, s38A, s64A–s64D, s65B–s65E, s73).\n- Owners/operators of vehicles and vessels on Trust land where infringement notices apply (s65F–s65G).\n- Community advisory committees and technical advisory committees (establishment, consultation and advice obligations: s57, s58, s57A).\n\nWhy it matters (official purpose and how the Act implements it)\n\n- The Act’s stated purpose is to secure conservation, public access and appropriate management of specified Harbour land while coordinating with Commonwealth and State interests (s6). It implements that purpose by:\n  - vesting Commonwealth interests in specified sites in the Trust (s21–s22);\n  - requiring statutory plans that must align with the Trust’s objects and principles of ecologically sustainable development and that go through public and State consultation before taking effect (s26–s28, s31–s35);\n  - giving the Trust the operational tools — contracts, leases, borrowing, staff and consultants — to implement plans (s8, s48–s49, s62).\n\nCosts, incentives and trade‑offs (source‑grounded)\n\n- Who pays: Parliament funds the Trust by appropriation (s59). The Trust can also raise money by borrowing with Finance Minister approval (s62) and can charge fees for copies of documents and for services or licences under regulations (s70A, s73(2)(f), s73(2)(n)). The Trust must reimburse the Commonwealth for interim Trust costs (s61).\n- Incentives created by leases and transfers: the Act restricts sales of Schedule 1 land and places conditions on transfers and long leases (s24, s64A–s64D). Those rules limit the Trust’s ability to create long private interests in Trust land without public consultation and Ministerial oversight (s64B–s64D). This changes the set of commercially feasible rights over Trust land (s64A–s64D).\n- Compliance burden: the Trust must prepare detailed plans on strict timelines (s26), run public consultation (s29–s30), maintain transparency of submissions (s36A), and obtain Ministerial approvals for plans and major contracts (s31, s64). Persons seeking long leases must engage with public consultation and the Trust’s statement‑of‑reasons process (s64B–s64C).\n- Bureaucratic discretion and decision points: the Minister may give binding written directions to the Trust and must give reasons (s9); the Minister approves plans (s31) and must approve certain transfers and long leases (s24(1B), s64D). The Finance Minister controls borrowing approvals (s62). The Trust has delegated regulatory, enforcement and fee‑setting powers under the Act and regulations (s8, s65B–s65E, s70A, s73).\n- Enforcement and cost recovery: the Trust can order activities stopped and may do work itself if orders are ignored; it can recover reasonable costs as a debt (s65B, s65E). Infringement notices operate through the Regulatory Powers Act and are to be issued by rangers as infringement officers (s65F–s65G).\n\nEffects on private choice, enterprise and local government roles (source‑grounded)\n\n- Private long‑term control: leases or licences longer than 25 years require a public statement of reasons, public consultation and a disallowable legislative proposal plus Ministerial approval (s64B–s64D). That process constrains the Trust’s freedom to grant long private interests without parliamentary oversight.\n- Local government powers: many State laws concerning planning, land use and council powers are excluded in relation to the Trust and its property (s71). This reduces the direct application of state and local regulation to Trust land and centralises decision‑making in the Trust and Commonwealth processes (s71, s31).\n- Commercial activity on Trust land: the regulations may restrict or prohibit trade or commerce on Trust land and can set licensing and fee conditions (s73(2)(j), s73(2)(l)–(n)). Businesses intending to operate on Trust land will therefore be regulated directly by the Trust and its regulations rather than by State licensing regimes (s71, s73).\n\nImplementation risks and opportunity costs (source‑grounded)\n\n- Reliance on Ministerial approvals and consultations creates procedural dependencies: plans and long leases need Ministerial and State Minister engagement (s31, s64C–s64D), which may delay decisions or change outcomes from Trust proposals.\n- Exemptions from State law (s71) remove a layer of local planning input; while the Act requires community advisory committees and public consultation (s29–s30, s57, s57A), the statutory exclusion means traditional State planning processes do not apply to Trust land (s71).\n- Financial constraints: the Trust’s activities depend on Parliamentary appropriation (s59), borrowing approvals (s62) and the ability to use land as security subject to restrictions (s63). Plans must include cost estimates (s28(i)), which creates a requirement to confront budget trade‑offs early in planning.\n\nSummary sentence\n\nThe Act creates a Commonwealth corporate Trust to hold and manage specified Sydney Harbour land for conservation, public access and related uses; it sets out governance, a detailed public planning and consultation regime, limits on transfers and long leases, enforcement powers and an exemption from many State laws — with funding via appropriation, constrained borrowing and Ministerial oversight (see s5–s9, s21–s28, s31, s24, s64A–s64D, s59–s63, s71, s65B–s65E)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sydney-harbour-federation-trust-act-2001","history":"/api/acts/sydney-harbour-federation-trust-act-2001/history","analysis":"/api/acts/sydney-harbour-federation-trust-act-2001/analysis","conflicts":"/api/acts/sydney-harbour-federation-trust-act-2001/conflicts","importantCases":"/api/acts/sydney-harbour-federation-trust-act-2001/important-cases","documents":"/api/acts/sydney-harbour-federation-trust-act-2001/documents"}}