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Crown Lands Act 1992
79Trustees of reserved land
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79 Trustees of reserved land
(1) If land has, before or after the commencement of this Act, been
reserved for the recreation or amusement of the public or for any
other public purpose, the Minister may, by notice in the Gazette,
appoint to be trustees of the land so reserved not less than 3 nor
more than 7 persons, as the Minister thinks fit, and may appoint
one of the trustees to be Chairperson of the trustees.
(2) The Minister may, by notice in the Gazette, terminate the
appointment of a trustee.
(3) The office of a trustee becomes vacant if the trustee:
(a) becomes bankrupt or insolvent, applies to take the benefit of a
law for the relief of bankrupt or insolvent debtors, compounds
with the trustee's creditors or makes an assignment of the
trustee's salary or other remuneration for their benefit;
(b) becomes permanently incapable of performing the duties of
office;
(c) is convicted of an offence punishable by imprisonment for a
period exceeding 6 months; or
(d) resigns by giving written notice of resignation to the Minister.
(4) If the office of a trustee becomes vacant or a trustee dies, or an
appointment of a trustee is terminated, the Minister may, by notice
in the Gazette, appoint a person to the vacant office.
(5) The persons for the time being holding office as trustees are
constituted as a body corporate.
(6) A body corporate constituted under this section has perpetual
succession and a common seal and is capable of suing and being
sued.
(7) The trustees of reserved land mentioned in subsection (1) must, at
the times directed by the Minister, forward the Minister a report on
the administration of the trust and on any related matters as
specified by the Minister from time to time, and must give the
Minister a statement of revenue received and expenditure made
Crown Lands Act 1992 36
during the period specified by the Minister.
(8) Notwithstanding this Act or any law in force in the Territory, the
trustees of land so reserved as referred to in subsection (1) may
use or authorise other persons to use the land for sporting or other
functions, and may charge or authorise other persons to charge for
the admission of persons and vehicles to the land or a part of the
land when the land is so used.
(9) The trustees of any land reserved as referred to in subsection (1) or
for any other public purposes certified by the Minister to be a like
purpose, may make by-laws, not inconsistent with this Act for the
control and management of the reserve and, in particular, providing
for or in relation to:
(a) the times at which the reserve or portions of the reserve are to
be open and closed; and
(b) the conduct of persons when on the reserve; and
(c) the days on which, and the limits within which, sports and
games, or training for sports and games, may be permitted on
the reserve and otherwise regulating or prohibiting sports and
games, or training for sports and games, on the reserve; and
(d) the prevention or the regulation of the admission of vehicles or
animals to the reserve, and for the destruction of such animals
if trespassing on the reserve; and
(e) the speed of vehicles and the parking of vehicles within the
reserve; and
(f) the prohibition or the regulation of the sale or display for sale
of goods, wares or merchandise on the reserve; and
(g) the prevention of damage or injury to, or destruction of, trees
and other vegetation on the reserve; and
(h) the prevention of damage or injury to, or destruction or
defacement of, buildings, structures or erections or natural
features on the reserve; and
(j) the prevention of nuisances on the reserve; and
(k) the charging of fees by the trustees, or by other persons, for
admission to the reserve or a part of the reserve; and
(m) the authorisation of persons to demand the names and
information as to the place of abode of persons who are
believed on reasonable grounds to have contravened or failed
Crown Lands Act 1992 37
to comply with a by-law and requiring persons to comply with
such a demand made by a person so authorised; and
(n) the removal from the reserve of persons who are believed, on
reasonable grounds, to have contravened or failed to comply
with a by-law; and
(p) the imposition of maximum penalties of, or of not more than an
amount equal to, 4 penalty units for the contravention of, or
failure to comply with, a by-law.
(10) A by-law made under subsection (9) must be signed by the
Chairperson of the trustees and section 57 of the Interpretation
Act 1978 does not apply to or in relation to it.
(11) If:
(a) a by-law has been made in relation to a reserve under this
section and is in force; and
(b) there is an inconsistency between a by-law and the Crown
Lands (Recreation Reserve) Regulations 1938 in force at the
date of commencement of this Act or regulations under this
Act amending or in substitution for those Regulations, the
by-law prevails.