79Trustees of reserved land

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.