This Act creates the Centennial Park and Moore Park Trust as the statutory corporation that holds, manages and regulates specified parklands. It vests original and supplementary land in the Trust, forbids disposal of original land, requires approved plans of management and community consultation, permits leases and licences (with ministerial approval and an open tender requirement for long leases), and provides enforcement tools including authorised officers and penalty notices. Users may pay fees and vehicle owners can be held liable for certain breaches; the Minister retains approval and direction powers.
The Centennial Park and Moore Park Trust Act 1983 (as amended and as reproduced in the source text) constitutes a statutory corporation, prescribes its objects and functions in relation to specified parklands, and sets the legal framework for managing, using, regulating and protecting those lands. Mechanically, the Act does the following.
Constitutes the Centennial Park and Moore Park Trust as a corporation (s 6) that is, for many purposes, a statutory body representing the Crown (s 6(2)(b)). The Trust’s corporate membership consists of the Chief Executive and seven appointed members of the Board of the Greater Sydney Parklands Trust (s 7(1)).
States the Trust’s objects (maintain and improve Trust lands; encourage public use and enjoyment; maintain public right of use; protect the environment; and other functions consistent with those objects) (s 8) and enumerates specific powers and functions, including providing facilities, charging fees, conducting scientific research and entering contracts (s 9).
Requires an approved plan of management for each park and requires the Trust to give effect to each approved plan; the plan must be approved under the Greater Sydney Parklands Trust Act 2022 and be submitted to the Minister via the Greater Sydney Parklands Trust (s 13(1), (3)-(5)).
Restricts disposal of original land (the lands described in s 5) so that the Trust shall not sell, mortgage, demise or otherwise dispose of original land except as allowed by s 20(2) (s 10); resumption of original land requires an Act of Parliament (s 19(2)).
Permits the Trust to grant leases, easements and licences on Trust lands, but requires Ministerial approval for leases and easements/licences under s 20(2A), (3A) and authorises conditions including public consultation requirements consistent with the approved consultation and engagement framework (s 20(3C)). Leases must not exceed 99 years including options (s 20(3)); new open tender requirements apply to leases and licences with terms of 10 years or more (s 9A).
Current sections
Direct links to the current provisions in Centennial Park and Moore Park Trust Act 1983.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022.
authorised person means—
(a) a police officer, or
(b) an authorised officer appointed under section 16.
Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Centennial Park and Moore Park Trust.
function includes a power, authority or duty, and exercise a function includes perform a duty.
On the commencement of the amending Act, original land includes the following land—
(a) the land known as Centennial Park,
(b) the land known as Moore Park,
(c) the land known as E. S. Marks Athletics Field,
(d) the land formerly known as Sydney Showground,
(e) the land known as Queens Park,
(f) certain other lands (for example, Tay Reserve and Drivers Triangle).
s 5: Subst 2012 No 18, Sch 2 [4].
Part 2
The Centennial Park and Moore Park Trust
Part 2 The Centennial Park and Moore Park Trust
Part 2 The Centennial Park and Moore Park Trust
pt 2, hdg: Am 1991 No 68, Sch 1 (4).
6
Constitution of Trust
6 Constitution of Trust
6 Constitution of Trust
(1) There is hereby constituted a corporation under the corporate name of the “Centennial Park and Moore Park Trust”.
(2) The Trust—
(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,
(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and
(c) shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister.
s 6: Am 1991 No 68, Sch 1 (1).
7
Appointment and procedure
7 Appointment and procedure
7 Appointment and procedure
(1) The Trust consists of the following members—
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands Trust.
(2) Schedule 1 has effect with respect to the trustees and procedure of the Trust.
s 7: Am 1992 No 114, Sch 2 (1) (am 1993 No 43, Sch 1 (3) (a)); 2022 No 9, Sch 5.2[2].
7A
Community consultation
7A Community consultation
7A Community consultation
(1) It is the duty of the Trust to establish an effective procedure for community consultation concerning the activities and policies pursued by the Trust from time to time.
(2) The procedure for community consultation is to include the establishment of a Community Consultative Committee whose members are to be appointed by the Trust on the recommendation of the Chief Executive.
(3) The membership and procedure of the Committee is (subject to this section) to be as provided by the regulations.
(4) The regulations may make provision for or with respect to the number of members, their appointment, term of office and removal and the filling of vacancies.
(5) The Committee is to meet at least once in each quarter starting on 1 January, 1 April, 1 July and 1 October.
s 7A: Ins 1992 No 114, Sch 2 (2) (am 1993 No 43, Sch 1 (3) (b)).
8
Objects of Trust
8 Objects of Trust
8 Objects of Trust
The objects of the Trust are—
(a) to maintain and improve the Trust lands,
(b) to encourage the use and enjoyment of the Trust lands by the public by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental value of those lands,
(c) to maintain the right of the public to the use of the Trust lands,
(d) to ensure the protection of the environment within the Trust lands, and
(e) such other objects, consistent with the functions of the Trust in relation to the Trust lands, as the Trust considers appropriate.
9
Functions of Trust
9 Functions of Trust
9 Functions of Trust
(1) The Trust may—
(a) permit the use of the whole or any part of the Trust lands for activities of a recreational, historical, scientific, educational or cultural nature,
(b) in or in connection with the Trust lands provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,
(c) in pursuance of its objects, procure specimens and obtain scientific data from within or outside the State,
(d) maintain, or make arrangements for the maintenance of, the property of the Trust,
(e) in pursuance of its objects, carry out surveys, assemble collections and engage in scientific research, including research outside the State, with respect to botany and ornamental horticulture,
(f) disseminate scientific information to the public and educational and scientific institutions, whether within or outside the State,
(g) promote and provide exhibits, lectures, films, publications and other types of educational instruction relating to botany and ornamental horticulture,
(h) subject to the regulations, charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees or other amounts shall be the property of the Trust, and
(i) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.
(2) Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.
(3) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.
(4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.
(5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).
(6) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.
(7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions.
(8) A person may be appointed to a committee whether or not the person is a trustee.
(9) The Trust may establish, control and manage branches or departments with respect to the Trust lands, or any part thereof.
(11) The Trust may, and when requested by the Minister shall, make reports and recommendations to the Minister with respect to any matter relating to the objects of the Trust and in particular with respect to the future management of Trust lands.
(12) (Repealed)
s 9: Am 2006 No 2, Sch 4.9 [2]; 2012 No 18, Sch 2 [5]; 2015 No 15, Sch 3.7 [2]; 2022 No 9, Sch 5.2[3] [4].
9A
Open tender process to be used for leases and certain licences
9A Open tender process to be used for leases and certain licences
9A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more, over all or part of the Trust lands unless the granting of the lease or licence has been the subject of an open tender process.
s 9A: Ins 2022 No 9, Sch 5.2[5].
10
Disposal of certain land prohibited
10 Disposal of certain land prohibited
10 Disposal of certain land prohibited
Subject to section 20 (2), the Trust shall not sell, mortgage, demise or otherwise dispose of any of the original land.
s 10: Am 1997 No 19, Sch 1 [2]; 2012 No 18, Sch 2 [6].
11
Dealings with certain property
11 Dealings with certain property
11 Dealings with certain property
(1) In this section, condition means a condition to which the Trust has agreed under section 9 (3).
(2) Subject to subsection (3), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any property being supplementary land otherwise acquired, except—
(a) where the property was acquired without any condition—with the approval of the Minister (which may be given in respect of any case or class of cases), or
(b) where the property was acquired subject to a condition—in accordance with the condition or section 12.
(3) Subject to section 9 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.
12
Disposal of certain property
12 Disposal of certain property
12 Disposal of certain property
(1) Subject to subsection (2), where the Trust resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 9 (3) is not required for the purposes of the Trust, the Trust may—
(a) sell the property and retain the proceeds of the sale as property of the Trust,
(b) exchange the property for other property,
(c) give the property to an educational or scientific institution, or
(d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration,
notwithstanding the condition subject to which the property was acquired.
(2) The Trust shall not sell, exchange, give or dispose of any property under subsection (1) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(3) The Minister may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
12A
Delegation of Trust’s functions
12A Delegation of Trust’s functions
12A Delegation of Trust’s functions
(1) The Trust may delegate any of its functions, other than this power of delegation, to an authorised person.
(2) If authorised by the Trust, an authorised person may subdelegate a function delegated to the person by the Trust.
(3) In this section—
authorised person means—
(a) a trustee, or
(b) a member of the staff of the Greater Sydney Parklands Trust, or
(c) the head of a government sector agency or another member of the staff of a government sector agency, or
(d) a person who is a member of a class of persons prescribed by the regulations.
s 12A: Ins 1991 No 68, Sch 2 (2). Subst 2022 No 9, Sch 5.2[6].
Part 2A
Part 2A
Part 2A
12B–12E (Repealed)
pt 2A: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12B: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12C: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12D: Ins 1991 No 68, Sch 2 (2). Am 1995 No 11, Sch 1. Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12E: Ins 1992 No 114, Sch 1 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Part 3
Planning, consultation and engagement
Part 3 Planning, consultation and engagement
Part 3 Planning, consultation and engagement
pt 3: Subst 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Division 1
Planning
Division 1 Planning
Division 1 Planning
pt 3, div 1: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
13
Plan of management
13 Plan of management
13 Plan of management
(1) The Trust must—
(a) have an approved plan of management for each park in the Trust lands, and
(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the following—
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with—
s 13: Am 1991 No 68, Sch 1 (1). Rep 2006 No 2, Sch 4.9 [3]. Ins 2015 No 15, Sch 3.7 [3]. Subst 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Division 2
Consultation and engagement
Division 2 Consultation and engagement
Division 2 Consultation and engagement
pt 3, div 2: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
14
Community trustee boards
14 Community trustee boards
14 Community trustee boards
(1) This section applies if there is a community trustee board for the Trust lands.
(2) The Trust must, in exercising its functions in relation to the Trust lands—
(a) consult with the community trust board, and
(b) have regard to the advice and recommendation of the board in relation to the Trust lands.
(3) Without limiting subsection (2), the Trust must consult with and have regard to the advice of a community trustee board established for the Trust lands about the following—
(a) the development and review of the plan of management for the Trust lands,
(b) proposed new or modified services and facilities for the Trust lands,
(c) matters of local relevance to the Trust lands, including the protection and use of the Trust lands and the business and other activities carried out, or to be carried out, on the Trust lands.
(4) In this section—
Trust lands includes a part of the Trust lands.
s 14: Subst 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
15
Compliance with approved consultation and engagement framework
15 Compliance with approved consultation and engagement framework
15 Compliance with approved consultation and engagement framework
The Trust must, in exercising its functions in relation to consultation and engagement with any of the following, comply with the approved consultation and engagement framework—
(a) the community generally,
(b) visitors and other users of the Trust lands,
(c) a community trustee board,
(d) other stakeholders.
s 15: Am 2006 No 2, Sch 4.9 [4] [5]. Subst 2012 No 18, Sch 1 [1]; 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Part 3A
Part 3A
Part 3A
15A–15P (Repealed)
pt 3A: Ins 1997 No 19, Sch 1 [3]. Rep 2012 No 18, Sch 2 [7].
s 15A: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15B: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15C: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15D: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
s 15E: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15F: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15G: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15H: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
s 15I: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
s 15J: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
s 15K: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15L: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [7].
s 15M: Ins 1997 No 19, Sch 1 [3]. Rep 2012 No 18, Sch 2 [7].
s 15N: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
s 15O: Ins 1997 No 19, Sch 1 [3]. Rep 2012 No 18, Sch 2 [7].
s 15P: Ins 1997 No 19, Sch 1 [3]. Am 2011 No 41, Sch 5.1 [1] [2]. Rep 2012 No 18, Sch 2 [7].
Part 4
Enforcement and legal proceedings
Part 4 Enforcement and legal proceedings
Part 4 Enforcement and legal proceedings
pt 4: Rep 2012 No 18, Sch 2 [8]. Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
16
Appointment
16 Appointment
16 Appointment
The Trust may appoint the following to be an authorised officer for this Act—
(a) a person employed in the Public Service,
(b) a person who is a member of a class prescribed by the regulations.
s 16: Rep 2012 No 18, Sch 2 [8]. Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
17
Functions
17 Functions
17 Functions
An authorised officer has the functions conferred by—
(a) this Act, or
(b) the regulations.
s 17: Rep GG No 154 of 2.11.1984, p 5426. Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18
Identification card
18 Identification card
18 Identification card
(1) The Trust must issue each authorised officer with an identification card.
(2) An identification card must—
(a) state that it is issued under this Act, and
(b) state the name of the person to whom it is issued, and
(c) describe the nature of the functions conferred on the person, and
(d) state the date on which the card expires, and
(e) be signed by the Chief Executive.
(3) In exercising functions under this Act, an authorised officer must, if asked by a person affected by the exercise of a function, produce the authorised officer’s identification card to the person.
s 18: Rep GG No 154 of 2.11.1984, p 5426. Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18A
Requirement for owner of vehicle and others to give information
18A Requirement for owner of vehicle and others to give information
18A Requirement for owner of vehicle and others to give information
(1) If a driver of a vehicle is alleged to have committed an offence against this Act or the regulations, an authorised officer may require—
(a) the owner of the vehicle or another person having custody of the vehicle to immediately give the officer information about the name and residential address of the driver, or
(b) another person to give the officer information that—
(i) is in the person’s power to give, and
(ii) may lead to the identification of the driver.
(2) A requirement under subsection (1)(a) may require the owner or other person to give the information in a written statement signed by the owner or person.
(3) A person of whom a requirement is made under subsection (1)(a) or (b) must, unless the person has a reasonable excuse, comply with the requirement.
Maximum penalty—10 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant satisfies the court the defendant did not know, and could not with reasonable diligence have ascertained, the driver’s name or residential address.
(5) If a written statement purporting to be given under subsection (1)(a) and to contain the name and residential address of the driver of a vehicle at the time of the commission of an alleged offence against this Act or the regulations is produced in a court in proceedings against the person named in the statement as the driver for the offence, the statement is evidence, without proof of signature, that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.
s 18A: Ins 1992 No 114, Sch 1 (3) (am 1993 No 43, Sch 1 (2)). Rep 2012 No 18, Sch 2 [9]. Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18B
Liability of vehicle owner for certain offences
18B Liability of vehicle owner for certain offences
18B Liability of vehicle owner for certain offences
(1) Where an offence against any regulation occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of an offence against the regulation as if the person were the actual offender guilty of the offence unless—
(a) in any case where the offence is dealt with under section 24, the person satisfies a prescribed officer described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or
(b) in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2) Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from any person in relation to any such offence no further penalty shall be imposed on or recovered from any other person in relation thereto.
(3) Notwithstanding subsection (1), no owner of a vehicle shall, by virtue of that subsection, be guilty of an offence if—
(a) in any case where the offence is dealt with under section 24, the person—
(i) within 21 days after service on the person of a notice under that section in respect of the offence, gives a prescribed officer referred to in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii) satisfies that prescribed officer that the person did not know and could not with reasonable diligence have ascertained that name and address, or
(b) in any other case, the person—
(i) within 21 days after service on the person of a court attendance notice in respect of the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.
(3A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 24 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.
(3B) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or an informant for the purposes of this section, a prescribed officer or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.
(4) A statutory declaration under subsection (3B) if produced in any proceedings against the person named therein and in relation to the offence in respect of which the statutory declaration was supplied shall be prima facie evidence that that person was in charge of the vehicle at all relevant times relating to that offence.
(5) An approved nomination notice or a statutory declaration which relates to more than one offence is taken not to be an approved nomination notice or a statutory declaration under, or for the purposes of, subsection (3) or (3B).
(6) In this section—
approved nomination notice has the same meaning as in section 38 of the Fines Act 1996.
s 18B: Ins 1992 No 114, Sch 1 (3) (am 1993 No 43, Sch 1 (2)). Rep 2012 No 18, Sch 2 [9].
s 18B (previously s 23): Renumbered 2022 No 9, Sch 5.2[15]. Am 2022 No 59, Sch 2.5.
18C
Penalty notices
18C Penalty notices
18C Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed (or is, by virtue of section 23, guilty of) a penalty notice offence.
(2) A penalty notice offence is an offence against the regulations that is prescribed by the regulations as a penalty notice offence.
(3) A penalty notice that relates to an offence of which the owner of a vehicle is guilty by virtue of section 23 may be issued to the owner by being addressed to the owner (without naming the owner or stating the owner’s address) and being left on, or attached to, the vehicle. This subsection does not limit the manner in which any such penalty notice may be issued under section 21 of the Fines Act 1996.
(4) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(5) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(6) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(7) In this section, authorised officer means a person who is declared by the regulations to be an authorised officer for the purposes of this section or who belongs to a class of persons so declared.
s 18C (previously s 24): Renumbered 2022 No 9, Sch 5.2[16].
18D
Offences by corporations
18D Offences by corporations
18D Offences by corporations
(1) This section applies if a corporation commits an offence against this Act or the regulations.
(2) Each of the following persons is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence—
(a) a director of the corporation,
(b) another person concerned in the management of the corporation.
(3) Subsection (2) does not apply to an offence against section 18A(1).
(4) Proceedings may be brought against a person mentioned in subsection (2), and the person convicted, whether or not—
(a) proceedings are brought against the corporation, or
(b) the corporation is convicted of an offence.
(5) This section does not affect any liability imposed on a corporation for an offence committed by the corporation.
s 18D: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Division 3
Legal proceedings
Division 3 Legal proceedings
Division 3 Legal proceedings
pt 4, div 3: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18E
Proceedings for offences
18E Proceedings for offences
18E Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be disposed of summarily before the Local Court.
(2) Any such proceedings may be commenced only within 12 months after the time when the offence is alleged to have been committed.
s 18E (previously s 25): Renumbered 2022 No 9, Sch 5.2[17].
18F
Proof of certain matters not required
18F Proof of certain matters not required
18F Proof of certain matters not required
In legal proceedings under this Act, proof is not required, unless evidence is given to the contrary, of the following matters—
(a) the constitution of the Trust,
(b) a resolution of the Trust,
(c) the appointment of, or the holding of office by, a trustee,
(d) the presence of a quorum at a meeting of the Trust.
s 18F: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18G
Compensation for loss or damage to Trust property
18G Compensation for loss or damage to Trust property
18G Compensation for loss or damage to Trust property
(1) This section applies if—
(a) a person is convicted of an offence against this Act or the regulations, and
(b) the court before which the person was convicted is satisfied the commission of the offence caused or resulted in loss or damage to Trust lands or other property of the Trust.
(2) The court may order the person to pay to the Trust the amount the court thinks appropriate by way of compensation for the loss or damage.
(3) The court may make an order under subsection (2) whether or not it imposes a penalty for the offence.
(4) An order made by a court under the Crimes (Sentencing Procedure) Act 1999, section 10 in proceedings for an offence against this Act or the regulations is, for subsection (1), taken to be a conviction of the offence.
s 18G: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
18H
Recovery of money owing to Trust
18H Recovery of money owing to Trust
18H Recovery of money owing to Trust
A charge, fee or other money owing to the Trust may be recovered by the Trust as a debt due in a court of competent jurisdiction.
s 18H: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Part 4A
Part 4A
Part 4A
(Repealed)
pt 4A: Ins 1992 No 114, Sch 1 (3) (am 1993 No 43, Sch 1 (2)). Rep 2012 No 18, Sch 2 [9].
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
19
Resumption of original land requires Act of Parliament
19 Resumption of original land requires Act of Parliament
19 Resumption of original land requires Act of Parliament
(1), (1A) (Repealed)
(2) Notwithstanding anything contained in any other Act and subject to this Act, the original land shall not be appropriated or resumed except by an Act of Parliament.
s 19: Am 1991 No 68, Sch 1 (5); 1997 No 19, Sch 1 [4]; 2012 No 18, Sch 2 [10].
20
Grant of leases, easements and licences
20 Grant of leases, easements and licences
20 Grant of leases, easements and licences
(1) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919.
(2) The Trust may grant a lease over any part of the Trust lands for a purpose, including a commercial purpose, that would help the Trust achieve its objects.
Example of a lease for a commercial purpose—
a lease for a restaurant
(2A) A lease under subsection (2) must be granted on the terms and conditions approved by the Minister.
(3) A lease granted under subsection (2) must not have a term that, together with the term of any further lease that may be granted under an option in respect of it, exceeds 99 years.
(3A) Also, the Trust may grant—
(a) an easement through, on or in the Trust lands for the following purposes—
(i) the construction of pipelines, the laying or re-laying of cables or the construction of apparatus to be used in connection with the pipelines or cables,
(ii) providing access to dwellings situated on or within Trust lands,
(iii) another purpose the Trust considers necessary that would directly or indirectly help the Trust achieve its objects, and
(b) a licence for the use of part of the Trust lands.
(3B) An easement or licence under subsection (3A) must be granted on the terms and conditions approved by the Minister.
(3C) The Minister’s consent or approval under this section may be—
(a) given in relation to—
(i) particular land or a class of land, or
(ii) a particular lease, easement or licence or a class of leases, easements or licences, and
(b) subject to conditions, including conditions about public consultation that are consistent with the approved consultation and engagement framework, and
(c) amended from time to time.
(4) Sections 88A and 181A of the Conveyancing Act 1919 apply to and in respect of an instrument purporting to grant an easement under subsection (3A)(a).
(5) Without limiting the generality of subsection (3A)(b), the Trust may, from time to time, grant licences authorising entry upon the Trust lands for the purpose of the maintenance, re-laying or repair of any pipelines or cables or the maintenance or repair of any apparatus used in connection therewith, being pipelines, cables or apparatus situated on or in those lands at the commencement of this section.
s 20: Am 1992 No 103, sec 3; 1997 No 17, Sch 2.2; 2012 No 18, Sch 1 [2]; 2022 No 9, Sch 5.2[8]–[13].
20AA
Restrictions on parking in Moore Park East
20AA Restrictions on parking in Moore Park East
20AA Restrictions on parking in Moore Park East
(1) The following areas of the Trust lands are closed to parking of vehicles—
(a) the non-parking areas,
(b) carpark 2, Lower Kippax—from the later of the following—
(i) 1 July 2026,
(ii) a date prescribed by regulation,
(c) non-parking grass areas that are not referred to in paragraph (b)—from the later of the following—
(i) 1 July 2028,
(ii) a date prescribed by regulation.
(1A) The Minister may recommend the making of a regulation under subsection (1)(b)(ii) or (c)(ii) only if—
(a) for subsection (1)(b)(ii)—a new car park on Venues NSW’s land adjacent to the Sydney Football Stadium is not built and open to the public and operational, and
(b) for subsection (1)(c)(ii)—the Minister is satisfied there is no appropriate plan to address transport needs, including parking, in relation to events at the Sydney Cricket Ground and Sydney Football Stadium.
(1B) Also, if a regulation is made under subsection (1)(c)(ii), the Minister must—
(a) within 1 month after the making of the regulation, give a report to the Presiding Officer of each House of Parliament about why the Minister recommended the making of the regulation, and
(b) while the regulation remains in force, give a report to the Presiding Officer of each House of Parliament at least once in each 12 month period about why the Minister considers the regulation remains necessary.
(1C) A report provided to the Presiding Officer of a House of Parliament under subsection (1B) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer.
(2) In this section—
non-parking areas means the areas of the Trust lands that are—
(a) shown on a map, included in the regulations, as being areas in or on which parking is not allowed,
(b) otherwise described in the regulations as being areas in or on which parking is not allowed.
carpark 2, Lower Kippax means the part of the non-parking grassy area shown on the map in Schedule 3 and marked ‘Car park 2 - Lower Kippax’.
non-parking grass areas means grassy areas shown on the maps set out in Schedule 3 as being areas in Moore Park East in or on which parking is not allowed.
s 20AA: Ins 2022 No 9, Sch 5.2[14]. Am 2023 No 43, Sch 1[1]–[3].
20A
Use of Trust lands for events attracting large crowds
20A Use of Trust lands for events attracting large crowds
20A Use of Trust lands for events attracting large crowds
(1) The Trust is under a duty not to authorise the use or enter into arrangements for the use of any Trust lands for the purpose of a concert or other event for which it is reasonably anticipated that more than 20,000 persons at one time will resort to the land, unless the use of the land for that purpose is authorised by a regulation relating specifically to that concert or other event or to a class of concerts or other events that includes that concert or other event.
(2) Such a regulation is not effective unless written notice, in accordance with section 40 of the Interpretation Act 1987, of the making of the regulation has been laid before each House of Parliament and at least 5 sitting days have elapsed in each House since the date on which that notice was given in the House concerned.
(3) A regulation made in accordance with this section may impose or provide for the imposition of conditions on the use of the land for the purpose contemplated by the regulation.
s 20A: Ins 1992 No 34, Sch 1.
20B
Licence of land for public transport purposes
20B Licence of land for public transport purposes
20B Licence of land for public transport purposes
(1) The Minister for Transport has, on such terms and conditions as are agreed from time to time by the Minister for the Environment and the Minister for Transport, a permanent licence for the use of the land described in subsection (2) for public transport purposes and purposes ancillary to those purposes.
(2) The land the subject of the licence conferred by this section is the land shown as the site of a proposed easement for a public transport corridor within Lots 1763, 1769, 1770 and 1771 in Deposited Plan 821362.
(3) The Trust must not—
(a) take any action, or carry out any function, in relation to or that affects the revested land in a way that is inconsistent with the licence conferred on the Minister for Transport by this section, or
(b) take any action, or carry out any function, that interferes with or obstructs the use of the land by the Minister for Transport in accordance with the licence.
(4) The Minister for Transport may assign to a person or body any of the rights, functions or entitlements conferred on the Minister for Transport by the licence.
(5) Without limiting subsection (1), the terms and conditions agreed by the Ministers under that subsection may make provision for or with respect to the following matters—
(a) functions that may be exercised by the Minister for Transport in respect of the land subject to the licence,
(b) functions that may be exercised by the Trust in respect of any such land.
(6) The Minister for Transport may enter into arrangements for the provision of an integrated light rail and bus system between Central Station and the University of New South Wales, via Moore Park, subject to feasibility studies in relation to such a project.
(7) Without limiting subsection (1), the purposes for which the land described in subsection (2) may be used include purposes related to an integrated system of light rail and bus services.
(8) The Trust may, for purposes related to an integrated system of light rail and bus services, from time to time and on such conditions as are approved by the Minister, grant leases or licences of Trust land (other than land described in subsection (2)).
s 20B: Ins 1997 No 19, Sch 1 [5].
21
21
21 (Repealed)
22
Regulations
22 Regulations
22 Regulations
(1) In this section, a reference to the Trust lands includes a reference to any part of the Trust lands.
(2) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the use and enjoyment of the Trust lands,
(b) the care, control and management of the Trust lands,
(c) the determination and payment of fees for—
(i) the use of the playing fields situated within the Trust lands,
(ii) the use of formed paths, tracks and roads within the Trust lands,
(iii) filming or photographing within the Trust lands for the purposes of cinema or television productions or commercial use,
(iv) the use or purchase of any written or other material that is the property of the Trust, and
(v) such other articles or services as the Trust may provide,
(d) the meetings of the Trust, and
(e) the committees of the Trust.
(3) A regulation may impose a penalty not exceeding 10 penalty units for any breach of a regulation.
(4) (Repealed)
s 22: Am 1990 No 46, Sch 1; 2012 No 18, Sch 2 [12].
23
23
23
Renumbered as sec 18B
s 23: Am 1997 No 119, Sch 2.2 [1] (am 1998 No 26, Sch 1 [13]) [2]; 1999 No 19, Sch 2.2; 2005 No 11, Sch 3.1; 2013 No 19, Sch 3; 2016 No 13, Sch 2.1 [1]–[6]. Renumbered as sec 18B, 2022 No 9, Sch 5.2[15].
24
24
24
Renumbered as sec 18C
s 24: Subst 2017 No 63, Sch 3.2. Renumbered as sec 18C, 2022 No 9, Sch 5.2[16].
25
25
25
Renumbered as sec 18E
s 25: Am 1999 No 31, Sch 4.11; 2001 No 121, Sch 2.31 [1] [2]; 2007 No 94, Sch 2. Renumbered as sec 18E, 2022 No 9, Sch 5.2[17].
26
26
26–28 (Repealed)
Schedule 1
Provisions relating to trustees and procedure of the Trust
Schedule 1 Provisions relating to trustees and procedure of the Trust
Schedule 1 Provisions relating to trustees and procedure of the Trust
(Section 7 (2))
sch 1: Am 1990 No 46, Sch 1; 1992 No 114, Sch 2 (3); 2012 No 18, Schs 1 [3], 2 [14] [15]; 2015 No 15, Sch 3.7 [4]; 2019 No 1, Sch 2.3.
3
Term of office
3 Term of office
3 Term of office
(1) The term of office of a trustee shall be, and, unless the trustee vacates that office during the term, a trustee shall hold office for, such period not exceeding 4 years as may be specified in the instrument appointing the trustee.
(2) A trustee whose term of office expires may, subject to clause 1, be re-appointed as a trustee.
9B
Personal liability
9B Personal liability
9B Personal liability
A matter or thing done or omitted to be done by the Trust, a trustee or a person acting under the direction of the Trust does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a trustee or a person so acting personally to any action, liability, claim or demand.
Schedule 2
Transitional and other provisions
Schedule 2 Transitional and other provisions
Schedule 2 Transitional and other provisions
sch 2: Am 1991 No 68, Sch 1 (6); 1992 No 114, Sch 2 (4); 2012 No 18, Sch 2 [16]–[19]. Cll 12–17 (previously secs 15A, 15D–15G, 15I) transferred 2012 No 18, Sch 2 [20]. Am 2012 No 18, Sch 2 [21]–[25]; 2020 No 30, Sch 1.7[3].
Part 1A
Savings and transitional regulations
Part 1A Savings and transitional regulations
Part 1A Savings and transitional regulations
1A
Regulations
1A Regulations
1A Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Schedule 3
Maps of non-parking grass areas in Moore Park East
Schedule 3 Maps of non-parking grass areas in Moore Park East
Schedule 3 Maps of non-parking grass areas in Moore Park East
section 20AA(2)
sch 3: Ins 1991 No 68, Sch 1 (7). Rep 2012 No 18, Sch 2 [26]. Ins 2022 No 9, Sch 5.2[19].
sch 3A: Ins 1997 No 19, Sch 1 [6]. Am 2011 No 41, Sch 5.1 [1]. Rep 2012 No 18, Sch 2 [27].
Schedule 4
Schedule 4
Schedule 4 (Repealed)
sch 4: Ins 1992 No 114, Sch 1 (4). Rep 2012 No 18, Sch 2 [28].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Centennial Park and Moore Park Trust Act 1983.
s 1: Am 1991 No 68, Sch 1 (1).
2
2, 3 (Repealed)
2
s 2: Rep 2012 No 18, Sch 2 [1].
s 3: Rep 1991 No 68, Sch 1 (2).
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022.
authorised person means—
(a) a police officer, or
(b) an authorised officer appointed under section 16.
Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Centennial Park and Moore Park Trust.
function includes a power, authority or duty, and exercise a function includes perform a duty.
Greater Sydney Parklands Trust has the same meaning as in the Greater Sydney Parklands Trust Act 2022.
original land means the land that is described in section 5.
owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
plan of management means a detailed scheme of operations to be undertaken in relation to the land vested in the Trust.
supplementary land means land acquired by the Trust that is not original land.
Trust means the Centennial Park and Moore Park Trust constituted by section 6.
Trust lands means the original land and any supplementary land for the time being vested in the Trust.
trustee means a trustee referred to in section 7.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Establishes consultation and engagement duties: the Trust must establish community consultation procedures, maintain a Community Consultative Committee (s 7A), consult with community trustee boards where they exist (s 14), and comply with the approved consultation and engagement framework for specified stakeholders (s 15).
Creates an enforcement architecture: the Trust may appoint authorised officers (s 16), who exercise functions conferred by the Act or regulations (s 17). The Act authorises information and nomination regimes and vehicle-owner liability for certain offences (ss 18A, 18B), penalty notices (s 18C) with the Fines Act 1996 applying, corporate liability extensions (s 18D), summary proceedings and short limitation periods (s 18E), and compensation and debt recovery powers in respect of Trust property (ss 18G, 18H).
Provides the Governor with regulation-making power covering use, care and management, and fees for many services and activities (s 22), and contains operational rules for trustees and meetings in Schedule 1 (for example term of office, vacancy and quorum rules).
That is the mechanical change effected by the Act as presented: establishment, objects, functions, management and regulatory and enforcement tools tied to the Trust’s lands and activities. The Act repeatedly connects the Trust’s functions to ministerial approvals and an approved consultation and engagement framework administered under the Greater Sydney Parklands Trust Act 2022 (for example s 13 and s 15), and introduces recent specific operational measures such as open tender obligations (s 9A) and timed parking restrictions in Moore Park East (s 20AA).
Main concepts
The Act organises its legal architecture around a small set of recurring concepts; the source uses those concepts to allocate power, decide who decides and structure obligations.
Trust and Trust lands: The Trust is the statutory corporation (s 6) and Trust lands are the original land plus any supplementary land vested in the Trust (defined in s 4). The Act defines “original land” by reference to prior vestings (s 5) and provides that original land includes named parks (Centennial Park, Moore Park, E. S. Marks Athletics Field, the former Sydney Showground, Queens Park, and certain other lands) (s 5 note).
Objects and functions: The Act codifies public-oriented objects (s 8) and a broad functional list (s 9). Functions include permitting recreational and cultural uses, operating services of various kinds (food, exhibits), conducting research, charging and receiving fees (s 9(1)(a)-(i)), and controlling and managing property vested in the Trust (s 9(2)).
Ministerial oversight and the Greater Sydney Parklands Trust connection: The Trust is subject to the control and direction of the Minister in exercising its functions, except for the contents of reports or recommendations made by it to the Minister (s 6(2)(c)). Plans of management must be approved by the Minister under the Greater Sydney Parklands Trust Act 2022, and the Trust must give proposed plans to the Greater Sydney Parklands Trust for submission to the Minister (s 13(3)-(4)). The approved consultation and engagement framework is that approved by the Minister under the Greater Sydney Parklands Trust Act 2022 (definitions in s 4).
Property control and restrictions: The Act disaggregates property into original land and supplementary land. Disposal and alienation are tightly circumscribed: the Trust shall not dispose of original land subject to s 20(2) exceptions (s 10), and property acquired by gift or bequest is subject to conditions and special rules (s 11-12). Leases, easements and licences are permitted but subject to Ministerial approval and conditions (s 20).
Consultation and engagement: The Trust must establish community consultation procedures (s 7A), create and meet with a Community Consultative Committee quarterly (s 7A(1)-(5)), consult with community trustee boards where present (s 14), and comply with the approved consultation and engagement framework when engaging with community, users, boards and stakeholders (s 15).
Commercialisation and revenues: The Trust may charge fees for services, sales and permissions and those fees belong to the Trust (s 9(1)(h)). The Governor may make regulations that determine fees for a number of specific activities (s 22(2)(c)). The Trust may borrow only in accordance with the Government Sector Finance Act 2018 (s 9(10)).
Enforcement and compliance architecture: The Act creates authorised officers (ss 16-18) with ID requirements (s 18), information powers against vehicle owners and others (s 18A), owner liability for vehicle offences with a nomination mechanism (s 18B), penalty notices (s 18C) subject to the Fines Act, corporate liability for authorising offences (s 18D), procedural features for proceedings (s 18E, 18F), compensation orders for damage to Trust property (s 18G), and debt recovery mechanisms (s 18H).
Statutory protections and limits: Resumption of original land requires an Act of Parliament (s 19(2)), and some property conditions agreed under s 9(3) (conditions attached to gifts) are preserved (s 9(3)-(5), s 11-12).
These concepts repeat as levers in the Act: the Minister sets policy via approvals and the consultation framework; the Trust implements management, fees and commercial activity within statutory limits; authorised officers and regulations create the on-the-ground compliance regime; and Schedule 1 controls trustees and procedure for internal governance.
Who it affects
The Act defines both public actors and private stakeholders whose legal positions change.
The Trust and its trustees: The Trust is the principal actor created by the statute (s 6). Trustees are the Chief Executive (ex officio) and the seven appointed members of the Board of the Greater Sydney Parklands Trust (s 7(1)). Schedule 1 affects trustees’ terms (up to four years, cl 3), eligibility (ineligibilities in cl 1), removal by the Governor (cl 6), allowances (cl 5) and meeting procedures (cl 9). Trustees have statutory protection from personal liability when acting in good faith in executing the Act (cl 9B).
The Chief Executive and Trust staff: The Chief Executive is defined as the Public Service employee assigned as Chief Executive of the Trust (s 4). The Chief Executive is ex officio at meetings and entitled to be heard (Schedule 1 cl 11). The Trust may appoint authorised officers from Public Service employees (s 16(1)(a)) and may delegate some of its functions to authorised persons (s 12A).
The Minister and other Ministers: The Minister has control and direction over the Trust in the exercise of its functions (s 6(2)(c)), must approve plan(s) of management via the Greater Sydney Parklands Trust (s 13), approves terms and conditions for leases/easements/licences (s 20(2A), (3B)), and participates with other Ministers in agreeing licences for transport and roads purposes (s 20B, Pt 4 provisions). The Governor retains regulation-making power (s 22).
Greater Sydney Parklands Trust: The Act ties the Centennial Trust to the Greater Sydney Parklands Trust through plan-of-management submission and membership overlap (s 7(1), s 13(4)), and via definitions referring to the Greater Sydney Parklands Trust Act 2022 (s 4).
Users, visitors and locals: The objects expressly protect the right of the public to use the lands and require the Trust to encourage public use and enjoyment (s 8). Those groups are defined recipients of the consultation duties (s 15).
Commercial operators and potential lessees: The Trust may grant leases, licences and easements for commercial purposes with Minister approval (s 20). Leases and long-term licences (10 years or more) must be subject to open tenders (s 9A). Lease terms are capped (s 20(3)). Commercial operators who use Trust lands will face regulation and fee-setting via regulations (s 22(2)(c)) and conditions attached to Ministerial approvals (s 20(3C)).
Vehicle owners and drivers: The Act creates information-giving obligations for vehicle owners or custodians if a driver is alleged to have committed an offence (s 18A), and creates owner liability for prescribed vehicle-related regulatory offences unless nomination or proof of theft/illegal taking is provided (s 18B). The Fines Act 1996 applies to penalty notices issued under s 18C.
Third-party agencies and infrastructure authorities: The Minister for Transport has a permanent licence for a specified public transport corridor site (s 20B(1)-(2)), and Roads and Maritime Services was given licence/rights over vested land for specific road and drainage purposes in transitional provisions (Pt 4 of Sch 2, e.g. cl 13). The Trust must not take actions inconsistent with those licences (s 20B(3), cl 13(5)).
Donors and testamentary parties: Gifts inter vivos, devises and bequests to the Trust are treated specially: the Duties Act 1997 does not apply to gifts to the Trust (s 9(6)), and property acquired subject to a condition remains subject to it unless the Minister consents and imposes conditions (s 11-12).
In sum, the Act affects institutional actors (the Trust, Minister, Greater Sydney Parklands Trust), users and communities that utilise the parks, commercial actors reliant on leases and licences, vehicle owners/drivers, and agencies with overlapping infrastructure interests. The statutory structure assigns decision rights to the Minister and the Trust, while imposing procedural duties on the Trust (plans, tendering, consultation) that affect private commercial and recreational behaviour on the lands.
Key duties and rights
The Act sets distinct duties for the Trust and rights for others; these provisions determine who decides and what procedures must be followed.
Key duties of the Trust
Duty to maintain and improve Trust lands and encourage public use, while protecting the environment (objects in s 8). These are statutory objectives that guide discretionary choices and the exercise of powers in s 9.
Duty to have an approved plan of management for each park and to give effect to it; in preparing a proposed plan the Trust must consult specified agencies and stakeholders and must submit the plan to the Greater Sydney Parklands Trust for the Minister’s approval (s 13(1)-(5)). The Trust must review approved plans at least every seven years (s 13(5)).
Duty to establish effective community consultation arrangements, including a Community Consultative Committee and quarterly meetings (s 7A(1)-(5)), and to comply with the approved consultation and engagement framework when engaging with the community, users, trustee boards and other stakeholders (s 15).
Duty to consult with community trustee boards (if any) and to have regard to their advice regarding plan development, services and local matters (s 14(2)-(3)).
Duty to adhere to disposal restrictions: the Trust shall not sell, mortgage, demise or otherwise dispose of original land except as allowed under the Act (s 10); it must not sell or dispose of property acquired by gift, devise or bequest except with Ministerial approval or in accordance with conditions (s 11-12).
Duty to follow open tender for leases and licences with 10-year terms or more (s 9A).
Duty to exercise borrowing consistent with the Government Sector Finance Act 2018 (s 9(10)).
Administrative duties in relation to trusteeship and recordkeeping: calling meetings, maintaining minutes, recording decisions and ensuring quorum as in Schedule 1 (cl 9, cl 10).
Key rights and powers of the Trust
Power to grant leases, licences and easements on Trust lands for purposes that help the Trust achieve its objects (s 20(2), (3A)), subject to Ministerial approval of terms and conditions (s 20(2A), (3B)). Leases must not exceed 99 years (s 20(3)).
Power to charge and receive fees for services and permits (s 9(1)(h)); fees are property of the Trust.
Power to establish committees and branches, to contract and enter arrangements to promote its objects (s 9(1)(i), (7)-(9)).
Power to appoint authorised officers, delegate functions to authorised persons (s 16, s 12A), and to issue, collect and recover charges, fees and other money (s 18H).
Enforcement powers via authorised officers who can issue penalty notices (s 18C) and require information from owners/custodians about drivers (s 18A). The Trust can seek compensation for loss or damage to Trust property following conviction (s 18G).
Rights of others that the Act recognises or protects
Public right to use Trust lands is an object expressly maintained (s 8(c)). The Act emphasises promoting public use and enjoyment (s 8(b)).
Community and stakeholders have statutory roles in consultation: the Trust must consult community trustee boards, community generally, visitors and other users, and other stakeholders, under the approved consultation and engagement framework (s 13(3), s 14, s 15).
Protective procedural rights in enforcement matters: vehicle owners have defences and nomination mechanisms when alleged offences are committed with their vehicles, including time-limited nomination and statutory declaration processes to shift liability (s 18A(4); s 18B(3)-(4), (3B)).
Ministerial and Parliamentary oversight: Ministerial approvals and conditions on leases/easements/licences (s 20(2A), (3B), (3C)); some regulations affecting large events must be laid before each House and only take effect after at least five sitting days have elapsed (s 20A(2)) and s 20AA requires reporting to Presiding Officers where parking regulation extensions are used (s 20AA(1B)-(1C)).
These duties and rights allocate policy and operational authority. The Minister retains substantial oversight through approval powers; the Trust retains day-to-day management and limited commercial discretion bounded by tender rules, Ministerial approvals, plan-of-management constraints, and statutory consultation obligations.
Penalties and enforcement
The Act embeds an enforcement regime combining administrative penalty notices, summary criminal proceedings, information powers and civil recovery mechanisms.
Enforcement actors and instruments
Authorised officers: The Trust may appoint authorised officers (s 16). Those officers exercise functions conferred by the Act or the regulations (s 17). Each authorised officer must be issued with an identification card that states the card is issued under this Act, the person’s name, the nature of their functions, expiry date and signed by the Chief Executive; officers must produce the card if asked (s 18(1)-(3)).
Penalty notices: Authorised officers may issue penalty notices for prescribed penalty notice offences under the regulations (s 18C(1)-(2)). The Fines Act 1996 applies to penalty notices issued under s 18C (s 18C(4)). Penalty notice amounts are prescribed by the regulations but may not exceed court maximums (s 18C(5)). Regulations can impose penalties up to 10 penalty units for breaches (s 22(3)).
Vehicle information and owner liability: An authorised officer may require the owner or custodian of a vehicle to provide the driver’s name and address or information leading to identification when a driver is alleged to have committed an offence (s 18A(1)-(3)); failure to comply without reasonable excuse attracts a maximum penalty of 10 penalty units (s 18A(3)). The Act makes the vehicle owner liable for certain regulatory offences committed in relation to the vehicle, with statutory defences and nomination procedures allowing owners to identify the driver or show reasonable diligence in not knowing (s 18B(1)-(4)). The nomination window is generally 21 days from service of notice, subject to extension under the Fines Act mechanisms (s 18B(3), (3A)).
Summary prosecution and limitation: Proceedings for offences under the Act or regulations may be disposed of summarily in the Local Court and must be commenced within 12 months after the offence (s 18E(1)-(2)).
Corporate liability: Where a corporation commits an offence, individuals who knowingly authorised or permitted the act are taken to have committed the same offence (s 18D(2)). Proceedings may be brought against those individuals irrespective of corporate prosecution or conviction (s 18D(4)).
Evidentiary presumptions: In legal proceedings under the Act, proof is not required, unless evidence to the contrary is given, of the constitution of the Trust, resolutions, appointment or holding of office by a trustee, or quorum at a meeting (s 18F). A statutory declaration verifying a nomination may be prima facie evidence that the nominated person was in charge of the vehicle (s 18B(4)).
Compensation and recovery: If a person is convicted of an offence and the court is satisfied the offence caused loss or damage to Trust property, the court may order compensation (s 18G(1)-(3)). A charge, fee or other money owing to the Trust is recoverable by the Trust as a debt in a court of competent jurisdiction (s 18H).
Design features and limits
Administrative penalties are channelled through the Fines Act: penalty notices operate within the Fines Act framework (s 18C(4)), including payment as an alternative to court proceedings.
Short limitation period for prosecutions: Offences must be commenced within 12 months of the alleged offence (s 18E(2)), which is a relatively short period compared with many other regulatory regimes.
Owner-nomination mechanism: Vehicle owner liability is civilised by a defined nomination mechanism (s 18B(3)), including an ability to provide a statutory declaration for court proceedings verifying a nomination (s 18B(3B)-(4)).
Ministerial/regulatory discretion: The Governor may prescribe penalty notice offences and penalty amounts in regulations (s 18C(2), s 22(2)(c), s 22(3)); Ministerial and regulatory discretion thus shapes the on-ground enforcement profile.
Who pays, who enforces
The Trust enforces via authorised officers, collects penalty notices and debt recoveries. Owners and drivers are the parties who may pay fines or compensation; lessees and commercial operators also become subject to regulatory offences under the regulations.
Courts are used for summary disposal, compensation orders and debt recovery when necessary.
Implementation risks and compliance burdens are discussed below; the Act’s enforcement architecture mixes administrative and criminal processes and uses nomination, statutory declaration and statutory presumptions to ease evidentiary burdens in prosecution while limiting long-tail litigation by imposing a 12-month time bar for commencing proceedings.
How it interacts with other laws
The Act links to and operates in the shadow of several other statutes and statutory instruments, with cross-references that allocate approval, consultation and financial rules.
Express cross-references and dependencies
Greater Sydney Parklands Trust Act 2022: The Act depends on that legislation for the approved consultation and engagement framework (defined in s 4), and for the approval mechanism for plans of management (s 13(1), (3)-(4)). The Trust must give proposed plans to the Greater Sydney Parklands Trust for submission to the Minister (s 13(4)). The 2022 Act amendments are explicitly referenced throughout the updated planning and consultation provisions.
Fines Act 1996: Penalty notice procedures issued under s 18C are governed by the Fines Act 1996 (s 18C(4)). The definition of approved nomination notice in s 18B references s 38 of the Fines Act 1996 (s 18B(6)), and s 18B(3A) explicitly allows use of Fines Act mechanisms for later nominations.
Government Sector Finance Act 2018: The Trust may borrow money only in accordance with this Act (s 9(10)). That imposes the government sector borrowing regime on Trust finances.
Road Transport Act 2013: The definition of “owner” of a vehicle includes the “responsible person” within the Road Transport Act 2013 (s 4). This links vehicle-owner obligations under this Act to the Road Transport Act’s liability definitions.
Conveyancing Act 1919: Sections 88A and 181A of the Conveyancing Act apply to instruments purporting to grant easements under s 20(3A)(a) (s 20(4)). The Act therefore imports Conveyancing Act rules on easements and their form.
Interpretation Act 1987: The Act’s definition section notes the Interpretation Act contains definitions and other provisions affecting interpretation and application (s 4 note), and s 20A(2) requires notice in accordance with s 40 of the Interpretation Act for regulations enabling large events.
Duties Act 1997: The Act expressly excludes the Duties Act from applying to gifts inter vivos, devises or bequests to the Trust (s 9(6)).
Roads and transport and infrastructure legislation: Transitional and consequential provisions in Schedule 2 (Pt 4 of the source) confer licences and rights to Roads and Maritime Services or the Minister for Transport for specified land and infrastructure works arising from past amendments (for example cl 13-17 in Pt 4).
Practical interaction effects
Plan approvals under the Greater Sydney Parklands Trust Act 2022 anchor the Trust’s operational plans to a larger statutory parklands regime. This creates a two-step approval chain: the Trust prepares a plan, gives it to Greater Sydney Parklands Trust, and the Minister approves (s 13).
Enforcement interoperates with the Fines Act and the Road Transport Act. Penalty notices are administered under the Fines Act (s 18C), and vehicle-owner concepts are defined via the Road Transport Act (s 4). The nomination mechanisms are coordinated with the Fines Act (s 18B(3A)).
Leases, easements and licences incorporate property and conveyancing law through references to the Conveyancing Act (s 20(4)). Granting an easement is subject to standard conveyancing procedures (s 20(4)).
Borrowing constraints: financial operations are subject to the Government Sector Finance Act 2018 (s 9(10)), limiting private-style financing autonomy.
Regulatory layering and ministerial discretion
The Act gives the Governor regulatory power to make rules regarding fees, permitted activities, meetings and committees (s 22). That means many operational details will be determined outside the Act by regulation, and enforcement uses regulation-prescribed penalty notice offences (s 18C(2), s 22(2), (3)).
Ministerial approvals (for leases/easements/licences and plan-of-management approvals) create a layer where executive discretion can shape commercial outcomes (s 20(2A), (3B), (3C); s 13).
Summary
Overall, the Act is an integrated component of a wider statutory framework governing state parklands, property, transport and administrative enforcement. Its practical application depends on the Greater Sydney Parklands Trust Act 2022 for planning and consultation rules, the Fines Act for penalty procedures, the Conveyancing Act for easement instruments, and finance and transport statutes for borrowing and transport-related land uses.
Amendment history
The source includes numerous amendment notes recorded in-text. The Act has been amended repeatedly since its 1983 origins; the source’s marginal notes and inserted repeals supply a chronology of substantive changes visible inside the statute text.
Key amendment snapshots and references in the source
Early to mid-1990s: The Act received amendments inserting trusteeship and community consultation provisions. For example, s 7 was amended in 1992 (Am 1992 No 114, Sch 2 (1); am 1993 No 43, Sch 1 (3)(a)) to change the composition of trustees (s 7 note). Schedule 1 entries show amendments in 1992 and 1993.
1997: Multiple amendments noted across provisions (for example s 5 was substantiated by 2012 amendments referencing the 1997 Act; s 20 shows 1997 amendments to allow easements and licences and to clarify purposes (s 20 note referencing 1997 No 17, Sch 2.2)).
2006-2007: Amendments occurred in 2006 and 2007 affecting functions and consultation provisions (s 9 amendments noted 2006 No 2, Sch 4.9; s 7A inserted 1992 and subsequently amended 1993).
2012: The Centennial Park and Moore Park Trust Amendment Act 2012 effected a substantial package of changes , the source repeatedly references the 2012 amending Act and notes many repeals and substitutions under Sch 2 of that amending Act (for example s 5 was subst 2012 No 18, Sch 2 [4]; various repeals in Part 4 and Pt 3A). Schedule 2 records “Provisions consequent on enactment of Centennial Park and Moore Park Trust Amendment Act 2012”.
2015: Amendments appear (for instance s 13 was amended in 2015 No 15, Sch 3.7 [3] inserting plan-of-management detail).
2019 and 2020: Schedule 1 shows a 2019 amendment (sch 1: Am 2019 No 1, Sch 2.3) and a 2020 amendment to definitions (s 4: 2020 No 30, Sch 1.7 [2]). Part 5 in Schedule 2 reflects the Statute Law (Miscellaneous Provisions) Act 2020 (cl 19).
2022: A substantial set of amendments came into the Act in 2022 tied to the Greater Sydney Parklands Trust Act 2022 (s 4 shows multiple 2022 amendment annotations; Part 3 (planning, consultation and engagement) was substituted in 2022, and many sections were renumbered or newly inserted , e.g. pt 3, div 1, s 13 was subst 2022 No 9, Sch 5.2 [7]; s 9A was inserted 2022 No 9, Sch 5.2 [5]; numerous renumberings to ss 18B, 18C, 18E are noted as “renumbered 2022 No 9, Sch 5.2”).
2023: Section 20AA (restrictions on parking in Moore Park East) was inserted in 2022 and amended in 2023 (s 20AA: Ins 2022 No 9, Sch 5.2 [14]. Am 2023 No 43, Sch 1 [1]-[3]).
What the amendment notes show
The Act has evolved from an original trust for Centenary parklands towards integration with a broader Greater Sydney Parklands statutory structure, with many 2022 amendments effecting planning, consultation and governance alignment (s 13, s 15).
Several provisions were repealed and reinserted or renumbered during the 2012 and 2022 reform packages, meaning interpretation and citation require attention to the current numbering (the source notes multiple renumberings: e.g. s 23 renumbered as sec 18B, s 24 renumbered as sec 18C, s 25 renumbered as sec 18E).
Transport and infrastructure interactions were implemented through transitional parts and provisions (Pt 4 of Schedule 2) tied to specific projects and agencies, reflecting amendment history that created targeted licences and rights for Roads and Maritime Services and the Minister for Transport.
Limitations of this summary
The source provides marginal amendment annotations but does not give full text of the amending Acts beyond the citation notes; the summary above uses only the amendment annotations included in the provided text and does not attempt to reconstruct legislative debates or external materials. Users should consult the amending Acts cited (for example Centennial Park and Moore Park Trust Amendment Act 2012, Greater Sydney Parklands Trust Act 2022 and the 2023 amending instruments) for full amendment language and commencement details.
Litigation history
The provided statute text contains no judicial decisions, reported cases, or citations to case law. There are no in-text references to litigation outcomes, nor does the source document list any court interpretations of its provisions. Consequently, the Act as presented contains only statutory language and marginal amendment history; it does not record how courts have interpreted ambiguous provisions, how evidentiary presumptions have been applied in practice, or how the enforcement provisions have functioned in litigation.
What the statutory text does provide that affects litigation practice
Summary disposition and limitation: Proceedings for offences under the Act or the regulations are to be disposed of summarily in the Local Court, and must be commenced within 12 months of the alleged offence (s 18E(1)-(2)). That short limitation period is a practical litigation constraint that affects prosecution timetables and evidence preservation strategies.
Evidentiary presumptions and burdens: The Act says proof is not required, unless evidence is given to the contrary, of the constitution of the Trust, a resolution of the Trust, the appointment or holding of office by a trustee, or the presence of a quorum at a meeting (s 18F). Those statutory presumptions will affect pleading practices: the prosecution or Trust need not prove certain formal matters unless challenged.
Owner nomination and statutory declarations: The Act provides that a statutory declaration verifying a nomination is prima facie evidence that the nominated person was in charge of the vehicle in related proceedings (s 18B(4)). This affects the evidence admissibility regime in prosecutions for vehicle-related regulatory offences.
Compensation and sentencing links: The Act allows courts to order compensation to the Trust for loss or damage where a conviction is obtained or where an equivalent sentencing order under the Crimes (Sentencing Procedure) Act 1999 is made (s 18G). That ties sentencing outcomes to civil recovery opportunities for the Trust.
What is missing for a litigation map
No reported cases or judicial interpretations are contained in the Act text, so this note cannot state how courts have applied the owner-liability provisions, the information powers of authorised officers, the boundaries of Ministerial control, or the meaning of “not required for the purposes of the Trust” in s 12. For authoritative judicial construction, practitioners must search case law databases and Local Court decisions applying the Act.
The Act references other statutes (Fines Act 1996, Conveyancing Act 1919, Roads and Maritime instruments) where judicial interpretation in related contexts may be relevant; this statute text does not say whether those cross-references have generated litigation.
Practical litigation implications for practitioners
Defence counsel and prosecutors must be alert to the 12-month limitation in s 18E for commencing summary proceedings and to the statutory evidentiary presumptions in s 18F.
Parties appearing in proceedings under the Act will need to understand how the Fines Act nomination and enforcement processes interact with s 18B and s 18C in practice; that interaction is partly statutory and partly procedural under the Fines Act, and case law will be material to parsing contested issues such as the reasonableness of a driver identification diligence defence (s 18B(4)).
Civil recovery (s 18H) and compensation orders (s 18G) may be available in the same proceedings or follow related convictions; practitioners should plan pleadings to preserve claims for compensation where damage to Trust property is alleged.
In short, the statute contains several provisions with direct litigation consequences, but the source text contains no litigation history. Practitioners must search external case law and court files to get an evidence-backed litigation map of how the Act operates in adjudication.
Gotchas
This section flags statutory features likely to cause operational, compliance or governance surprises for trustees, operators, lessees and advisers, based on explicit statutory text.
Ministerial control overlaying Trust discretion
Although the Trust is a corporate body, the Act makes the Trust subject to the control and direction of the Minister in the exercise of its functions (s 6(2)(c)). Ministerial approval is required for lease terms and conditions (s 20(2A)) and for easements and licences (s 20(3B)). The Trust’s operational autonomy is therefore constrained: decisions with commercial and public implications will often require Ministerial sign-off.
Open tender and Ministerial approval double constraint for long-term deals
Leases and licences with terms of 10 years or more must follow an open tender process (s 9A). At the same time, leases and easements/licences must be granted on terms approved by the Minister (s 20(2A), (3B)). Practically, this means a potential lessee must both win an open tender and accept Ministerial-imposed conditions. Tenderers should factor regulatory delay and conditional obligations into bids.
Disposal and alienation of original land is tightly limited
The Trust shall not sell, mortgage, demise or otherwise dispose of original land except as allowed under s 20(2) (s 10). Moreover, resumption of original land requires an Act of Parliament (s 19(2)). Advisers must treat original land as legally protected from ordinary disposal mechanisms, and any proposed alienation requires careful statutory reading and Ministerial approvals.
Short limitation period for prosecutions
Offences under the Act or regulations must be commenced within 12 months (s 18E(2)). Prosecutors will be constrained by this short window; conversely, regulated persons should note the time-limited exposure. Administrative and evidentiary processes must move quickly.
Vehicle-owner liability and nomination mechanics
Owners of vehicles may be found guilty of regulation offences by virtue of s 18B(1) unless they prove theft/illegal taking or provide an approved nomination notice within 21 days after service of notice (s 18B(3)). The 21-day window is a strict procedural cut-off with a statutory alternative (s 18B(3A)) allowing later nominations where Fines Act relief applies. Owners must preserve records to enable nominations and to make statutory declarations if required (s 18B(3B)-(4)).
Delegation and subdelegation rules
The Trust may delegate functions except the power of delegation itself to authorised persons; authorised persons may subdelegate if authorised by the Trust (s 12A(1)-(2)). The definition of “authorised person” includes trustees, staff of the Greater Sydney Parklands Trust, heads or staff of government sector agencies and classes prescribed by regulation (s 12A(3)). Delegations must be carefully documented to ensure compliance and to avoid inadvertent unauthorized delegation.
Fees and revenues belong to the Trust but are regulated
Section 9(1)(h) allows the Trust to charge fees; s 22(2)(c) empowers regulations to determine fees for an array of uses (playing fields, formed paths, filming, use or purchase of Trust property). The Governor may set regulatory penalty units up to 10 units (s 22(3)). Operators must check the current regulations for prescribed fees and penalty offences.
Plan of management approval and seven-year review cycle
The Trust must have a Minister-approved plan of management for each park and must review approved plans at least every seven years (s 13(1), (5)). There is both a mandatory approval process and a periodic statutory review cycle that may impose work and consultation demands on the Trust.
Consultation framework is statutory and binding
The Trust’s consultation and engagement duties are anchored to an “approved consultation and engagement framework” approved under the Greater Sydney Parklands Trust Act 2022 (s 4 definition, s 15). The Trust’s compliance with consultation procedures is a statutory duty (s 15). Failure to comply may expose decisions to administrative challenge or political scrutiny.
Regulatory and Parliamentary reporting triggers for parking changes
Section 20AA prescribes staged parking closures in Moore Park East with dates and regulatory triggers, and requires Parliamentary reporting where the Minister recommends regulation to extend implementation dates (s 20AA(1A)-(1C)). That adds a public reporting obligation for the Minister, and a possible governance constraint on the Trust in relation to parking availability.
Trustees’ employment regime differs from general public sector rules
Schedule 1 cl 4 provides that the Government Sector Employment Act 2013 does not apply to or in respect of appointment of a trustee; trustees are not subject to that Act as trustees. That can be surprising when advisers assume public sector employment rules apply to all members of a statutory board.
Evidence presumptions favourable to the Trust
In proceedings under the Act, certain matters (constitution of the Trust, resolutions, trustee appointments and quorum) need not be proved unless contested (s 18F). This can materially lower the evidentiary threshold for the Trust to rely on board decisions in enforcement or civil recovery actions.
Practitioners and managers should treat these “gotchas” as operational constraints and planning considerations which can affect tender documents, leases, enforcement actions, community engagement processes and risk assessments.
How to comply
This section sets out concrete compliance steps and operational checklists keyed to specific statutory provisions. It is written for Trust administrators, lessees, advisers and authorised officers.
Governance and trustee compliance
Ensure trustee appointments, term limits and eligibility conform to Schedule 1. The term is not to exceed four years unless reappointed (Sch 1 cl 3). Exclude ineligible persons as defined (Sch 1 cl 1: e.g. certain mental health statuses, bankruptcy). Keep appointment instruments and reappointment records on file.
Keep minutes and records: the secretary must record and preserve minutes of each Trust meeting (Sch 1 cl 10). Adopt a minutes-retention policy that records decisions, resolutions and quorum attendance consistent with cl 9, and preserve identification of the chair and any casting votes (Sch 1 cl 8, cl 9).
Maintain indemnity and good-faith records: actions done in good faith in the execution of the Act are protected for trustees and persons acting under direction (Sch 1 cl 9B). Document decision-making to evidence good faith.
Plans of management and consultation
Prepare and maintain an approved plan of management for each park (s 13(1)); the plan must guide use, development, activities and management (s 13(2)). Use the approved consultation and engagement framework when preparing plans (s 13(3), s 15).
Consult specified government sector agencies, other required boards or persons per the consultation framework when preparing the plan (s 13(3)). Deliver the proposed plan to the Greater Sydney Parklands Trust for submission to the Minister (s 13(4)).
Review each approved plan at least every seven years (s 13(5)). Maintain a plan-review schedule and document public consultation steps in line with the framework.
Community engagement and trustee boards
Establish an effective community consultation procedure and a Community Consultative Committee whose members are appointed on the Chief Executive’s recommendation (s 7A(1)-(4)). Ensure the Committee meets at least quarterly (s 7A(5)).
If a community trustee board exists, consult it and have regard to its advice on plan development and local matters (s 14(2)-(3)). Maintain records of consultation and how advice was considered.
Leases, licences, tenders and property transactions
For any lease, licence or easement, check whether the arrangement falls within s 20 and, if it is a lease or a licence of 10 years or more, run an open tender process in accordance with s 9A before granting the instrument.
Obtain Ministerial approval for lease and easement/licence terms and conditions where required (s 20(2A), (3B)). Record Ministerial approvals and any conditions imposed under s 20(3C), including public consultation conditions, and ensure contracts incorporate those conditions.
Ensure lease terms, including any option terms, do not exceed 99 years (s 20(3)). Track cumulative term exposure across options and renewals.
If disposing of property acquired by gift inter vivos, devise or bequest and subject to conditions, secure the Minister’s consent and comply with any conditions (s 11-12). Document Ministerial consents and conditions in property records.
Fees, charges and financial compliance
Set fees and charges in line with regulatory instruments and ensure fee schedules align with the Governor’s regulations where applicable (s 9(1)(h), s 22(2)(c)). Maintain transparent fee schedules for playing fields, formed paths, filming/photography and other services as listed in s 22(2)(c).
Ensure borrowing is authorised under the Government Sector Finance Act 2018 (s 9(10)). Implement borrowing approvals consistent with that Act and document financial approvals.
Capture revenues as Trust property in financial systems and maintain auditable trails for fees, licences and leases.
Authorised officers, enforcement and evidence
Appoint authorised officers under s 16 and issue identification cards that comply with s 18(2). Maintain an authorised officer register and ensure officers carry and produce ID as required (s 18(3)).
Train authorised officers on information requests to vehicle owners and custodians under s 18A, including the circumstances under which information may be required and the legal defences (s 18A(3)-(4)). Ensure notice and form templates for written statements and nomination notices are available.
For vehicle-owner liability matters, implement a nomination-handling process with strict timeframes (21 days for an approved nomination unless Fines Act extension applies) and prepare statutory-declaration templates for verification (s 18B(3), (3A), (3B), (4)).
Use the Fines Act machinery for penalty notices issued under s 18C, and ensure penalty notices are drafted in the form required by the Fines Act and this Act (s 18C(4)). Keep records of issued penalty notices and payments or prosecutions.
Regulatory and statutory compliance
Monitor relevant regulations under s 22 and maintain a compliance matrix mapping Trust activities to regulatory obligations and potential penalty notice offences (s 22(2)-(3)). Ensure staff and commercial partners understand which park activities attract fees and which are prescribed penalty notice offences.
For events anticipating large crowds (>20,000), ensure the Trust does not authorise use or enter arrangements unless a regulation specifically authorises that event or class of events (s 20A(1)). Ensure any enabling regulations have been laid and the statutory timeframe required by s 20A(2) has elapsed.
For Moore Park East parking changes under s 20AA, plan for staged implementation dates and ensure reporting obligations are met where the Minister recommends prescribed regulation dates (s 20AA(1A)-(1C)). Keep copies of the maps in Schedule 3 and ensure signage and enforcement align with regulation-defined non-parking areas.
Administrative documentation and record-keeping
Maintain delegation records under s 12A: any delegations to authorised persons and any subdelegations must be recorded and retained. Ensure delegations do not purport to delegate the power of delegation itself (s 12A(1)).
Keep a register of all leases, easements and licences that includes the Ministerial approval instrument, tender records where applicable, public consultation steps (consistent with the consultation framework), and the term cap analysis (s 9A, s 20).
Maintain minutes of Trust meetings, committee memberships, remuneration decisions and attendance records (Sch 1 cl 9-11).
Dispute, enforcement and litigation preparedness
For enforcement actions, coordinate with legal counsel early because prosecutions must be commenced within 12 months (s 18E). Preserve evidence, photographic and witness records promptly.
Where damage to Trust property occurs, preserve evidence of loss or damage to support potential compensation orders under s 18G following conviction.
In debt recovery, treat charges and unpaid fees as enforceable debts recoverable in court (s 18H); prepare debt-recovery protocols consistent with court processes.
In short, compliance is a mix of governance controls, procurement and tender processes, Ministerial liaison and approvals, statutory consultation procedures, careful record-keeping for delegated authorities, and an enforcement/penalty regime that interfaces with the Fines Act and other statutory regimes. Operational checklists and internal controls should map statutory duties to responsible officers and timelines (for example, plan review every seven years, 21-day nomination windows, quarterly consultative committee meetings).
(3) Notes included in this Act do not form part of this Act.
s 4: Am 1991 No 68, Schs 1 (1) (3), 2 (1); 1992 No 114, Sch 1 (1); 1997 No 19, Sch 1 [1]; 2006 No 2, Sch 4.9 [1]; 2007 No 27, Sch 2.6; 2012 No 18, Sch 2 [2] [3]; 2015 No 15, Sch 3.7 [1]; 2020 No 30, Sch 1.7[2]; 2022 No 9, Sch 5.2[1].
5 Trust lands—original land
5 Trust lands—original land
5 Trust lands—original land
(1) For the purposes of this Act, all land vested in the Trust immediately before the commencement of the amending Act is original land.
(2) In this section, amending Act means the Centennial Park and Moore Park Trust Amendment Act 2012.
Note.
On the commencement of the amending Act, original land includes the following land—
(a) the land known as Centennial Park,
(b) the land known as Moore Park,
(c) the land known as E. S. Marks Athletics Field,
(d) the land formerly known as Sydney Showground,
(e) the land known as Queens Park,
(f) certain other lands (for example, Tay Reserve and Drivers Triangle).
s 5: Subst 2012 No 18, Sch 2 [4].
Part 2 The Centennial Park and Moore Park Trust
Part 2 The Centennial Park and Moore Park Trust
Part 2 The Centennial Park and Moore Park Trust
pt 2, hdg: Am 1991 No 68, Sch 1 (4).
6 Constitution of Trust
6 Constitution of Trust
6 Constitution of Trust
(1) There is hereby constituted a corporation under the corporate name of the “Centennial Park and Moore Park Trust”.
(2) The Trust—
(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,
(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and
(c) shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister.
s 6: Am 1991 No 68, Sch 1 (1).
7 Appointment and procedure
7 Appointment and procedure
7 Appointment and procedure
(1) The Trust consists of the following members—
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands Trust.
(2) Schedule 1 has effect with respect to the trustees and procedure of the Trust.
s 7: Am 1992 No 114, Sch 2 (1) (am 1993 No 43, Sch 1 (3) (a)); 2022 No 9, Sch 5.2[2].
7A Community consultation
7A Community consultation
7A Community consultation
(1) It is the duty of the Trust to establish an effective procedure for community consultation concerning the activities and policies pursued by the Trust from time to time.
(2) The procedure for community consultation is to include the establishment of a Community Consultative Committee whose members are to be appointed by the Trust on the recommendation of the Chief Executive.
(3) The membership and procedure of the Committee is (subject to this section) to be as provided by the regulations.
(4) The regulations may make provision for or with respect to the number of members, their appointment, term of office and removal and the filling of vacancies.
(5) The Committee is to meet at least once in each quarter starting on 1 January, 1 April, 1 July and 1 October.
s 7A: Ins 1992 No 114, Sch 2 (2) (am 1993 No 43, Sch 1 (3) (b)).
8 Objects of Trust
8 Objects of Trust
8 Objects of Trust
The objects of the Trust are—
(a) to maintain and improve the Trust lands,
(b) to encourage the use and enjoyment of the Trust lands by the public by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental value of those lands,
(c) to maintain the right of the public to the use of the Trust lands,
(d) to ensure the protection of the environment within the Trust lands, and
(e) such other objects, consistent with the functions of the Trust in relation to the Trust lands, as the Trust considers appropriate.
9 Functions of Trust
9 Functions of Trust
9 Functions of Trust
(1) The Trust may—
(a) permit the use of the whole or any part of the Trust lands for activities of a recreational, historical, scientific, educational or cultural nature,
(b) in or in connection with the Trust lands provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,
(c) in pursuance of its objects, procure specimens and obtain scientific data from within or outside the State,
(d) maintain, or make arrangements for the maintenance of, the property of the Trust,
(e) in pursuance of its objects, carry out surveys, assemble collections and engage in scientific research, including research outside the State, with respect to botany and ornamental horticulture,
(f) disseminate scientific information to the public and educational and scientific institutions, whether within or outside the State,
(g) promote and provide exhibits, lectures, films, publications and other types of educational instruction relating to botany and ornamental horticulture,
(h) subject to the regulations, charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees or other amounts shall be the property of the Trust, and
(i) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.
(2) Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.
(3) The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.
(4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.
(5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).
(6) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.
(7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions.
(8) A person may be appointed to a committee whether or not the person is a trustee.
(9) The Trust may establish, control and manage branches or departments with respect to the Trust lands, or any part thereof.
(10) The Trust may borrow money only in accordance with the Government Sector Finance Act 2018.
(11) The Trust may, and when requested by the Minister shall, make reports and recommendations to the Minister with respect to any matter relating to the objects of the Trust and in particular with respect to the future management of Trust lands.
(12) (Repealed)
s 9: Am 2006 No 2, Sch 4.9 [2]; 2012 No 18, Sch 2 [5]; 2015 No 15, Sch 3.7 [2]; 2022 No 9, Sch 5.2[3] [4].
9A Open tender process to be used for leases and certain licences
9A Open tender process to be used for leases and certain licences
9A Open tender process to be used for leases and certain licences
The Trust must not grant a lease, or a licence with a term of 10 years or more, over all or part of the Trust lands unless the granting of the lease or licence has been the subject of an open tender process.
s 9A: Ins 2022 No 9, Sch 5.2[5].
10 Disposal of certain land prohibited
10 Disposal of certain land prohibited
10 Disposal of certain land prohibited
Subject to section 20 (2), the Trust shall not sell, mortgage, demise or otherwise dispose of any of the original land.
s 10: Am 1997 No 19, Sch 1 [2]; 2012 No 18, Sch 2 [6].
11 Dealings with certain property
11 Dealings with certain property
11 Dealings with certain property
(1) In this section, condition means a condition to which the Trust has agreed under section 9 (3).
(2) Subject to subsection (3), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any property being supplementary land otherwise acquired, except—
(a) where the property was acquired without any condition—with the approval of the Minister (which may be given in respect of any case or class of cases), or
(b) where the property was acquired subject to a condition—in accordance with the condition or section 12.
(3) Subject to section 9 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.
12 Disposal of certain property
12 Disposal of certain property
12 Disposal of certain property
(1) Subject to subsection (2), where the Trust resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 9 (3) is not required for the purposes of the Trust, the Trust may—
(a) sell the property and retain the proceeds of the sale as property of the Trust,
(b) exchange the property for other property,
(c) give the property to an educational or scientific institution, or
(d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration,
notwithstanding the condition subject to which the property was acquired.
(2) The Trust shall not sell, exchange, give or dispose of any property under subsection (1) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(3) The Minister may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
12A Delegation of Trust’s functions
12A Delegation of Trust’s functions
12A Delegation of Trust’s functions
(1) The Trust may delegate any of its functions, other than this power of delegation, to an authorised person.
(2) If authorised by the Trust, an authorised person may subdelegate a function delegated to the person by the Trust.
(3) In this section—
authorised person means—
(a) a trustee, or
(b) a member of the staff of the Greater Sydney Parklands Trust, or
(c) the head of a government sector agency or another member of the staff of a government sector agency, or
(d) a person who is a member of a class of persons prescribed by the regulations.
s 12A: Ins 1991 No 68, Sch 2 (2). Subst 2022 No 9, Sch 5.2[6].
Part 2A
Part 2A
12B–12E (Repealed)
pt 2A: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12B: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12C: Ins 1991 No 68, Sch 2 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12D: Ins 1991 No 68, Sch 2 (2). Am 1995 No 11, Sch 1. Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
s 12E: Ins 1992 No 114, Sch 1 (2). Rep 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Part 3 Planning, consultation and engagement
Part 3 Planning, consultation and engagement
Part 3 Planning, consultation and engagement
pt 3: Subst 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
Division 1 Planning
Division 1 Planning
Division 1 Planning
pt 3, div 1: Ins 2022 No 9, Sch 5.2[7] (am 2022 No 26, Sch 2.11).
13 Plan of management
13 Plan of management
13 Plan of management
(1) The Trust must—
(a) have an approved plan of management for each park in the Trust lands, and
(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the following—
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with—
(a) government sector agencies, within the Government Sector Employment Act 2013, section 3(1), that manage land within the Trust lands, and
(b) any other person or board with whom consultation is required under the approved consultation and engagement framework.
(4) The Trust must give the proposed plan of management to the Greater Sydney Parklands Trust for that Trust to submit to the Minister for approval.
(5) The Trust must review the approved plan of management at least every 7 years.
(6) In this section—
approved plan of management means a plan of management approved by the Minister under the [Greater Sydney Parklands Trust Act 2022](/view/html/inforce/
This is an opening excerpt, not the complete document.
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