Mechanically, the Act creates the Greater Sydney Parklands Trust as a corporate NSW Government agency to acquire, own and manage parklands across Greater Sydney, consolidate the functions of existing associated park trusts, run commercial activities, grant leases and charge fees. It establishes a Minister‑appointed Board, community trustee boards and a mandated consultation framework.
It affects park users, local councils, government agencies, lessees and adjacent landowners: the Minister controls policy (s7), the Trust can levy fees (s15(1)(n); s61(2)(a)), require open tender for longer leases (s22) and form private subsidiaries (s28), shifting commercial and compliance responsibilities to the Trust and contracting parties.
Mechanically, the Act constitutes the Greater Sydney Parklands Trust (the Trust), establishes its governance, creates statutory duties and powers for the Trust in relation to a consolidated Greater Sydney parklands estate (the GSPT estate), and sets out finance, enforcement, consultation and transitional arrangements. The Trust is a corporation and a NSW Government agency (s 5; s 6). The Act commences by proclamation (s 2).
The Act sets out objects: conservation and enhancement of the parklands estate, facilitation of connection to Country for First Nations peoples, protection of natural and cultural heritage, advocacy for a long-term metropolitan open space vision, and community engagement and adaptation of uses (s 3). It then specifies a Board (an advisory body) consisting of the chief executive plus seven appointed members with prescribed skillsets and diversity considerations (s 8-9; Schedule 1). The chief executive is the day-to-day manager and acts for the Trust in operational transactions (s 13).
On land and planning, the Trust may acquire new parks and supplementary land by agreement or compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, with acquired land forming part of the GSPT estate (s 18). The Trust may enter into leases, licences and easements over GSPT land provided these are consistent with the Act’s objects and do not reduce the net existing natural environment; leases or licences for 10 years or more must be subject to an open tender process (s 21-22). Leases, licences or easements longer than 25 years require Ministerial consent (s 21(2)-(3)). The Trust is prohibited from selling, exchanging or otherwise disposing of the GSPT estate (s 23).
The Trust must prepare and give effect to approved plans of management for parks (s 24), hold and operate an approved consultation and engagement framework (Part 4 Div 1, ss 29-36), and establish community trustee boards for specified parklands and other parts of the estate (ss 37-41). The Trust must have regard to, and in some circumstances obtain agreement from, community trustee boards in particular decision areas: for leases/licences/easements and plans of management the Trust must have regard to board views and must obtain a board’s agreement to a plan before submission to the Minister (s 17).
Current sections
Direct links to the current provisions in Greater Sydney Parklands Trust Act 2022.
This Act commences on a day or days to be appointed by proclamation.
3
Objects
3 Objects
3 Objects
The objects of this Act are as follows—
(a) to maintain and improve the parklands estate across Greater Sydney and ensure the parklands estate is effectively managed and operated to deliver world-class and ecologically sustainable parklands for the public,
(b) to enable the Greater Sydney Parklands Trust to facilitate a connection to Country for First Nations peoples that—
(i) recognises and conserves First Nations peoples’ cultural heritage and values through the use of the parklands estate, and
(ii) establishes long-term and mutually beneficial partnerships that give effect to the ongoing relationships of First Nations peoples with Country,
(c) to ensure the conservation of the natural and cultural heritage values of the parklands estate and the protection of the environment within the parklands estate,
(d) to advocate for a long-term vision to achieve the outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space,
(e) to encourage the use and enjoyment of the parklands estate by the community by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental values of lands within the parklands estate,
(f) to ensure the parklands estate may be used by the community in a way that is adaptive and recognises and responds to the diverse needs of the community,
(g) to provide increased opportunity for community engagement to shape regionally significant parklands in response to diverse community needs.
4
Definitions
4 Definitions
4 Definitions
The Dictionary in Schedule 4 defines words and expressions used in this Act.
Note.
The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.
Part 2
Constitution and management of Trust
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
Division 1
Constitution and management of Trust
Division 1 Constitution and management of Trust
Division 1 Constitution and management of Trust
5
Constitution of Trust
5 Constitution of Trust
5 Constitution of Trust
The Greater Sydney Parklands Trust (the Trust) is constituted.
6
Status of Trust
6 Status of Trust
6 Status of Trust
The Trust is—
(a) a corporation, and
(b) a NSW Government agency.
Note—
See the Interpretation Act 1987, section 13A, which provides that a NSW Government agency has the status, privileges and immunities of the Crown.
7
Ministerial control
7 Ministerial control
7 Ministerial control
The Trust is subject to the control and direction of the Minister in the exercise of its functions.
Division 2
Board of Trust
Division 2 Board of Trust
Division 2 Board of Trust
8
Trust Board
8 Trust Board
8 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board is an advisory body for the Trust.
(3) The Board consists of the following members—
(a) the chief executive,
(b) 7 members (the appointed members) appointed by the Minister.
(4) One of the appointed members is, by the member’s instrument of appointment or by a subsequent instrument, to be appointed as the chairperson of the Board.
(5) Schedule 1 has effect for the Board.
9
Appointed members of Board
9 Appointed members of Board
9 Appointed members of Board
(1) In appointing Board members, the Minister must ensure the Board, as a whole, has experience or skills in the following—
(a) community consultation,
(b) environmental and conservation management,
(c) financial and property management,
(d) governance and risk,
(e) heritage or heritage management,
(f) landscape or park management.
(2) The Minister must also, in appointing members of the Board, have regard to the desirability of the Board having members with diverse backgrounds, including having members who live in western Sydney.
Division 3
Powers of Trust
Division 3 Powers of Trust
Division 3 Powers of Trust
10
Delegation of Trust’s functions
10 Delegation of Trust’s functions
10 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 in writing, an authorised person may subdelegate a function delegated to the person by the Trust.
11
Exercise of functions through private subsidiaries corporations, joint ventures etc
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
A function of the Trust may be exercised by any of the following—
(a) the Trust,
(b) a private subsidiary corporation,
(c) the Trust or a private subsidiary corporation, or both, in a partnership, joint venture or other association with another person or body.
Example—
The Trust may enter into a biodiversity stewardship agreement with persons who own land adjacent to the GSPT estate.
12
Committees
12 Committees
12 Committees
(1) The Trust may establish—
(a) a committee, known as the Blue-Green grid committee, to advocate for a long-term vision for and outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space, and
(b) advisory committees—
(i) to assist the Trust in the exercise of its functions, or
(ii) for the purposes of public consultation.
(2) Without limiting subsection (1), members of a committee may include—
(a) persons who represent government sector agencies and local councils, and
(b) persons who have expertise in matters relevant to the matters referred to the committee for advice, and
(c) other persons who are not Board members.
(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be decided by—
(a) the Trust, or
(b) subject to paragraph (a), the committee.
Division 4
Staff of Trust
Division 4 Staff of Trust
Division 4 Staff of Trust
13
Chief executive
13 Chief executive
13 Chief executive
(1) The chief executive is responsible for the day-to-day management of the Trust.
(2) An act, matter or other thing done in the name of, or on behalf of, the Trust by the chief executive is taken to have been done by the Trust.
The Government Sector Employment Act 2013, section 59 provides that the persons so employed, or whose services the Trust makes use of, may be referred to as officers or employees, or members of staff, of the Trust. The Constitution Act 1902, section 47A precludes the Trust from employing staff.
Part 3
Functions of Trust
Part 3 Functions of Trust
Part 3 Functions of Trust
15
Functions—generally
15 Functions—generally
15 Functions—generally
(1) The Trust has the following functions—
(a) to conserve, restore, enhance and ensure no reduction in the extent of the net existing natural environment of the parklands estate,
(b) to conserve, restore and enhance—
(i) connection to Country for First Nations peoples, and
(ii) the heritage values of the parklands estate,
(c) to facilitate and promote the use of the parklands estate for education, environmental sustainability and scientific and other research, including by providing facilities for education and research,
(d) to encourage and promote appropriate public access and enjoyment of the parklands estate, including by catering to a diverse range of community interests, organisations and activities,
(e) to provide for and facilitate a diverse range of recreational, historical, educational, environmental, cultural, sporting, entertainment and tourism uses of the parklands estate, including by providing facilities and associated services,
(f) to facilitate the use of the parklands estate to meet community health needs and provide opportunities for, and encourage, activities that promote health and well-being in the community,
(g) to consult with, and involve, the community in planning for the parklands estate and carrying out the plans, including the provision of services and facilities within the parklands estate, by establishing a transparent process for consultation about and management of the parklands estate,
(h) to consult with community trustee boards about any advice received from the boards about the parklands estate or parts of the parklands estate,
(i) to manage and operate the GSPT estate in a way that aligns with the Government’s long-term vision for metropolitan open space and parklands within Greater Sydney,
(j) to advocate to the Government to influence the long-term vision for open space and parklands in Greater Sydney,
(k) to provide advice and recommendations to the Minister and government sector agencies about the implementation of the Government’s long-term vision for open space and parklands within Greater Sydney,
(l) to undertake or facilitate business activities and the provision of facilities within the GSPT estate, but only for the following purposes—
(i) to maintain and improve the parklands estate across Greater Sydney,
(ii) to ensure the parklands estate is effectively managed and operated to deliver high quality and ecologically sustainable parklands for the public,
(m) to provide or permit the provision of food and other refreshments on land within the GSPT estate,
(n) in accordance with the regulations, to charge and receive fees, charges or other amounts for, or in connection with, services provided or permissions given by the Trust in relation to the GSPT estate,
(o) to provide financial and operational management in relation to the GSPT estate, including maintaining the estate and other Trust assets,
(p) to enter into contracts and other arrangements with persons or bodies for the purposes of this Act,
(q) to ensure government sector agencies have access to major service infrastructure within the GSPT estate on terms the Trust considers appropriate,
Example—
The Trust may require that a Government agency that accesses major service infrastructure within the GSPT estate to perform works must make good damage caused to the GSPT estate at the end of the works.
(r) another function given to the Trust by or under this Act or another Act.
(2) To avoid doubt, the Trust’s annual reporting information prepared under the Government Sector Finance Act 2018 must include a report about the Trust’s performance of its functions, including its functions under subsection (1)(j) and (k).
s 15: Am 2023 No 35, Sch 3.3.
16
Functions—associated Trusts and associated Trusts estate
16 Functions—associated Trusts and associated Trusts estate
16 Functions—associated Trusts and associated Trusts estate
(1) In addition to the Trust’s functions under this Act, the Trust—
(a) has all the functions of each associated Trust under the associated Trusts legislation, and
(b) may exercise the functions of an associated Trust in relation to the associated Trusts estate.
(2) For the purposes of subsection (1), the Trust’s functions include providing financial and operational management in relation to the associated Trusts estate in accordance with the objects and functions of the associated Trusts under the associated Trusts legislation.
17
Exercise of functions in conjunction with community trustee boards
17 Exercise of functions in conjunction with community trustee boards
17 Exercise of functions in conjunction with community trustee boards
(1) This section applies if the Trust is exercising functions in relation to—
(a) the granting of a lease, licence or easement over land within the GSPT estate under section 21, or
(b) the preparation or approval of a plan of management under section 24.
(2) The Trust must—
(a) have regard to the views of a community trustee board for the relevant parkland, and
(b) for a plan of management—obtain the community trustee board’s agreement to the plan of management before submitting the plan to the Minister.
18
Acquisition of land
18 Acquisition of land
18 Acquisition of land
(1) The Trust may, for the purposes of this Act, acquire and own—
(a) new parks, and
(b) supplementary land.
(2) Land acquired and owned under subsection (1) forms part of the GSPT estate.
Acquisition of property by gift, devise or bequest
19 Acquisition of property by gift, devise or bequest
19 Acquisition of property by gift, devise or bequest
(1) The Trust may—
(a) acquire by gift, devise or bequest property for the purposes of this Act, and
(b) agree to carry out any conditions of the gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to a condition of a gift, devise or bequest to which the Trust has agreed.
(3) The Duties Act 1997 does not apply to or in relation to a gift, devise or bequest made, or to be made, to the Trust.
20
Management of GSPT estate and other land
20 Management of GSPT estate and other land
20 Management of GSPT estate and other land
(1) The Trust may enter into an agreement with a government sector agency for the Trust to—
(a) manage, maintain, improve or develop land of the agency for the purposes of parklands for the public, or
(b) provide services or do other things for the management, maintenance, improvement or development of land of the agency for the purposes of parklands for the public.
(2) The Trust may enter into an agreement with a government sector agency for the agency to—
(a) manage, maintain, improve or develop the GSPT estate or part of the GSPT estate, or
(b) provide services or do other things for the management, maintenance, improvement or development of the GSPT estate or part of the GSPT estate.
Example—
The Trust may enter into an agreement with a government sector agency with expertise in water supply or management to manage water bodies within a park.
(3) A function of a government sector agency, or a member of the staff of a government sector agency, in relation to the management of land that is the subject of an agreement under this section may be delegated to the Trust.
(4) A function of the Trust, or a member of the staff of the Trust, in relation to the management of land that is the subject of an agreement under this section may be delegated to a government sector agency or the head of a government sector agency.
(5) The Trust may subdelegate a function delegated to it under this section to an authorised person but only if authorised in writing by the delegator of the function.
(6) If a government sector agency is authorised by or under an Act to use specified funds to manage, maintain, improve or develop land, the authorisation is taken to include providing the funds to the Trust for the management, maintenance, improvement or development of the land in accordance with arrangements entered into under this section.
(7) Without limiting the Property and Development NSW Act 2006, section 12, the Trust may enter into an arrangement with Property and Development NSW under that section or this section.
s 20: Am 2024 No 27, Sch 2.7[1] [2].
21
Leases, licences and easements
21 Leases, licences and easements
21 Leases, licences and easements
(1) The Trust may grant a lease, licence or easement over land within the GSPT estate if the lease, licence or easement—
(a) is consistent with the objects of this Act, and
(b) will not reduce the extent of the net existing natural environment of the GSPT estate.
(2) However, a lease, licence or easement for more than 25 years may be granted only with the Minister’s consent.
(3) The Minister’s consent under subsection (2) may be—
(a) given in relation to—
(i) particular land or a class of land, or
(ii) a particular lease, licence or easement or a class of leases, licences, or easements, and
(b) subject to conditions, including conditions about—
(i) public consultation that are consistent with the approved consultation and engagement framework, and
(ii) access and use of the land that is the subject of the lease, licence or easement by the community, and
(c) amended from time to time.
(4) The Trust must give public notice, in the way prescribed by the regulations, of the following—
(a) that the Trust proposes to grant a lease, licence or easement under this section,
(b) that a lease, licence or easement has been granted under this section.
(a) information about all leases, licences and easements granted by the Trust over land within the GSPT estate during the financial year to which the annual report relates, and
(b) details of all money received by the Trust as revenue, during the financial year to which the annual report relates, from leases, licences and easements over land within the GSPT estate.
s 21: Am 2023 No 35, Sch 3.3.
22
Open tender process to be used for leases and certain licences
22 Open tender process to be used for leases and certain licences
22 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 land within the GSPT estate unless the granting of the lease or licence has been the subject of an open tender process.
23
Prohibition on disposal of GSPT estate
23 Prohibition on disposal of GSPT estate
23 Prohibition on disposal of GSPT estate
The Trust must not sell, exchange or otherwise dispose of the GSPT estate or land within the GSPT estate.
24
Plan of management
24 Plan of management
24 Plan of management
(1) The Trust must ensure each associated Trust—
(a) has an approved plan of management for each park within the associated Trusts estate for which the associated Trust is constituted, and
(b) gives effect to the approved plan of management.
(2) The Trust must also ensure the Trust—
(a) has an approved plan of management for each park acquired and owned by the Trust under Part 3, Division 2, and
(b) gives effect to the approved plans of management.
(3) If the Trust is given a proposed plan of management by an associated Trust for submission to the Minister for approval, the Trust must ensure—
(a) the plan includes the following—
(i) information about the strategic direction for the management of the park to which the plan relates,
(ii) the activities and uses of land permitted in the park to which the plan relates,
(iii) the maximum amount of land to be used for each activity and use of land permitted in the park to which the plan relates,
(iv) principles that will be applied in deciding whether a proposed lease, licence or easement over land within the park to which the plan relates is consistent with the objects of this Act, and
(b) the plan complies with the requirements set out in the associated Trusts legislation, and
(c) appropriate consultation, consistent with the approved consultation and engagement framework, has been undertaken.
(4) The Trust must submit the following to the Minister for the Minister’s consideration—
(a) if the Trust is satisfied with a proposed plan of management given to the Trust by an associated Trust—the proposed plan of management,
(b) a proposed plan of management prepared by the Trust for the purposes of subsection (2).
(5) The Minister may approve, with or without changes, a plan of management submitted to the Minister under subsection (4).
(6) The Trust’s annual reporting information prepared under the Government Sector Finance Act 2018 must include information about the maximum amount of land used for each activity and use of land permitted in each park—
(a) within the associated Trust’s estate, and
(b) acquired and owned by the Trust under Part 3, Division 2.
s 24: Am 2023 No 35, Sch 3.3.
25
Government sector agencies to consult with Trust about planning and development that will impact on parklands estate
25 Government sector agencies to consult with Trust about planning and development that will impact on parklands estate
25 Government sector agencies to consult with Trust about planning and development that will impact on parklands estate
(1) The Greater Sydney Commission must, in exercising its function to lead metropolitan planning for Greater Sydney—
(a) consult with the Trust about a plan that relates to, or will impact on, open space and parklands policy within Greater Sydney, and
(b) have regard to submissions made by the Trust about the proposed plan.
(2) If a government sector agency or a local council is proposing to carry out development within, or that will substantially impact on, the parklands estate, the agency or council must —
(a) consult with the Trust about the proposed development, and
(b) have regard to submissions made by the Trust about the proposed development.
26
Overshadowing
26 Overshadowing
26 Overshadowing
(1) This section applies if a consent authority is considering the making of a determination to grant development consent for development that will or may overshadow the parklands estate.
(2) In making its determination, the consent authority must have regard to the impact of overshadowing on public open space, including the impacts set out in a Greater Sydney Parklands shadow modelling study.
Greater Sydney Parklands shadow modelling study means an overshadowing study for the Greater Sydney Parklands—
(a) approved by the Minister, and
(b) published in the Gazette.
27
Application of other laws
27 Application of other laws
27 Application of other laws
This Division does not authorise the use or development of land within the GSPT estate in contravention of another Act or law.
28
Private subsidiary corporations etc
28 Private subsidiary corporations etc
28 Private subsidiary corporations etc
(1) The Trust may—
(a) with the Minister’s approval, form, or participate in the formation of, private subsidiary corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(2) However, the Trust must not, without the Minister’s approval—
(a) acquire an interest in a private corporation if, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or
(b) sell or otherwise dispose of an interest in a private subsidiary corporation if, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.
(3) A private subsidiary corporation is not a NSW Government agency.
private corporation means a corporation, within the meaning of the Corporations Act 2001 of the Commonwealth, formed in or outside New South Wales.
Part 4
Community consultation
Part 4 Community consultation
Part 4 Community consultation
29
Requirement to have consultation and engagement framework
29 Requirement to have consultation and engagement framework
29 Requirement to have consultation and engagement framework
The Trust must have an approved consultation and engagement framework for the parklands estate.
30
Purpose
30 Purpose
30 Purpose
The purpose of the consultation and engagement framework is to provide guidance to the Trust about how the Trust is to consult and engage with the following on matters relating to the parklands estate, including particular parks—
(a) the community generally,
(b) visitors and other users of particular parks.
31
Contents
31 Contents
31 Contents
(1) The consultation and engagement framework must include the following—
(a) how the Trust will consult and engage with the community and relevant stakeholders about the parklands estate and particular parks,
(b) matters in relation to which the Trust will consult and engage with the community and relevant stakeholders.
(2) The consultation and engagement framework must include matters in relation to community trustee boards, including—
(a) the appointment of members of community trustee boards, including, for example—
(i) the procedure for seeking expressions of interest to become a member, and
(ii) a process for ensuring there is a diversity of local representation and views, particularly representation by First Nations peoples, and
(b) subject to Schedule 2, procedures for meetings of community trustee boards, and
(c) reporting by the boards in relation to the boards’ functions, and
(d) reporting by the Trust in relation to how the Trust and associated Trusts deal with the boards’ advice and recommendations, including how consultation with the boards about the boards’ advice will be undertaken.
32
Preparation
32 Preparation
32 Preparation
In preparing the consultation and engagement framework, the Trust must—
(a) consult and engage with the community and relevant stakeholders, including—
(i) community trustee boards, and
(ii) local councils, and
(iii) government sector agencies, and
(b) ensure the framework is prepared in accordance with current best practice principles for community consultation and engagement.
33
Approval by Minister
33 Approval by Minister
33 Approval by Minister
(1) The Trust must submit the consultation and engagement framework to the Minister for approval.
(2) The consultation and engagement framework is of no effect until approved by the Minister, whether with or without changes.
34
Consultation and engagement framework
34 Consultation and engagement framework
34 Consultation and engagement framework
The approved consultation and engagement framework must be published on the Trust’s website.
35
Amendment
35 Amendment
35 Amendment
(1) The Trust may, at any time, amend the approved consultation and engagement framework.
(2) An amendment of the approved consultation and engagement framework must be prepared and approved under this Division in the same way as the consultation and engagement framework.
36
Review
36 Review
36 Review
The Trust must, at least every 5 years, review the approved consultation and engagement framework.
37
Establishment
37 Establishment
37 Establishment
(1) The Minister must establish a community trustee board for each of the following parts of the parklands estate—
(2) The Minister may, on the recommendation of the Trust, also establish a community trustee board for other parts of the parklands estate, including an individual park within the parklands estate.
s 37: Am 2022 No 59, Sch 2.20.
38
Membership
38 Membership
38 Membership
(1) A community trustee board has—
(a) a member nominated by each relevant local council, or chosen by the Minister under subsection (2), as a community representative, and
(b) the number of other members, not more than 6, appointed by the Minister on the advice of the Trust.
(2) For subsection (1)(a), if more than 3 persons are nominated by relevant local councils as community representatives—
(a) the Minister must choose at least 3 members from the persons nominated, and
(b) the persons nominated, but not chosen by the Minister, may attend meetings of the board but—
(i) are not members of the board, and
(ii) are not entitled to vote at a meeting of the board.
(3) The Minister must appoint members under subsection (1)(b), in accordance with the approved consultation and engagement framework, on the recommendation of the Trust.
(4) In recommending persons for appointment as members of a community trustee board, the Trust—
(a) must be satisfied—
(i) the person has sound knowledge of the relevant parkland including the activities carried out in the parkland, and
(ii) the person is able to communicate effectively with local residents, local community groups and other persons who use the relevant parkland, and
(iii) the overall membership of the board will be reflective of the broad range of views and interests of the community and persons who use the relevant parkland, and
(b) must have regard to the need for the board to—
(i) be representative of diversity including, for example, in relation to gender, age and cultural background, and
(ii) include representation for local First Nations peoples, and
(iii) include a representative who has experience or skills in heritage or heritage management.
(5) All members of a community trustee board must agree to and sign a Code of Conduct approved by the Trust.
(6) In this section—
relevant local council means a local council in whose area the part of the relevant part of the parklands estate is located, or whose area adjoins the relevant part of the parklands estate.
39
Functions
39 Functions
39 Functions
The functions of a community trustee board for a relevant parkland are—
(a) to provide advice and assistance to the Trust in the development and review of the plan of management for the relevant parkland and approve the plan of management for the relevant parkland, and
(b) to provide advice to the Trust about proposed new or modified services and facilities for the relevant parkland, including priorities for investment, and
(c) to stay informed about current visitor and local community issues relating to the relevant parkland and provide advice to the board about the issues, and
(d) to be a consultative body for the Trust and the associated Trust for the relevant parkland in relation to—
(i) the development and review of the plan of management for the relevant parkland, and
(ii) matters of local relevance to the relevant parkland, including the protection and use of the relevant parkland and the business, leasing and other activities carried out on, or to be carried out on, the relevant parkland, and
(e) another function given to community trustee boards by the Trust under this Act or another Act.
40
Power to change part of parklands estate for which the community trustee board is established
40 Power to change part of parklands estate for which the community trustee board is established
40 Power to change part of parklands estate for which the community trustee board is established
If a community trustee board is established for part of the parklands estate, the Minister may, at any time on the recommendation of the Trust, change the part of the parklands estate for which the community trustee board is established.
41
Dissolution of community trustee board
41 Dissolution of community trustee board
41 Dissolution of community trustee board
(1) The Minister may, on the recommendation of the Trust, dissolve a community trustee board.
(2) A community trustee board is dissolved by written notice given to each member of the board.
(3) The written notice must state—
(a) the reasons for the dissolution of the board, and
(b) the date on which the dissolution takes effect.
(4) If the Minister dissolves a community trustee board (the previous board) established for a part of the parklands estate, the Minister must establish a new community trustee board for the part of the parklands estate within 3 months after the day the previous board was dissolved.
42
Certain Members of Parliament may attend community trustee board meetings
42 Certain Members of Parliament may attend community trustee board meetings
42 Certain Members of Parliament may attend community trustee board meetings
(1) This section applies if—
(a) a part of the parklands estate, including an individual park within the parklands estate, is in or adjacent to a Member of Parliament’s electoral district under the Electoral Act 2017, and
(b) a community trustee board is established for the part of the parklands estate or the whole of the parklands estate.
(2) The Member of Parliament, or a person nominated by the Member, is entitled to attend meetings of the community trustee board.
Part 5
Finance
Part 5 Finance
Part 5 Finance
43
Greater Sydney Parklands Trust Special Deposits Fund
43 Greater Sydney Parklands Trust Special Deposits Fund
43 Greater Sydney Parklands Trust Special Deposits Fund
(1) There is to be established in the Special Deposits Account a Greater Sydney Parklands Trust Fund (the Fund).
(2) Within the Fund, there is to be a separate account for—
(a) each associated Trust, and
(b) each other park owned or managed by the Trust, and
(c) the Entertainment Quarter.
44
Payments into Fund
44 Payments into Fund
44 Payments into Fund
(1) The following amounts are to be paid into the Fund—
(a) all money received by or on account of the Trust,
(b) the proceeds of the investment of money in the Fund.
(3) Money received by an associated Trust is to be paid into the separate account within the Fund for the associated Trust.
(4) Money received by the Trust as result of a lease granted over land in the Entertainment Quarter is to be paid into the separate account within the Fund established for the Entertainment Quarter.
(5) Money received by the Trust for another park owned or managed by the Trust is to be paid into the separate account within the Fund for the park.
45
Payments from Fund
45 Payments from Fund
45 Payments from Fund
Amounts required to meet expenditure incurred by the Trust in the exercise of its functions may be paid from the Fund.
46
Other matters relating to Trust’s financial powers
46 Other matters relating to Trust’s financial powers
46 Other matters relating to Trust’s financial powers
(1) The Trust may invest money in the Fund—
(a) if the Trust is a GSF agency for the Government Sector Finance Act 2018, Part 6—in a way the Trust is permitted to invest money under that Part, or
(b) if the Trust is not a GSF agency for the Government Sector Finance Act 2018, Part 6—in a way approved by the Minister with the agreement of the Treasurer.
(2) Subject to subsection (4), the Trust may, in its discretion, allocate money in the Fund to expenditure for—
(a) the associated Trusts estate, and
(b) the GSPT estate.
(3) Subject to subsection (6), the Trust must ensure that, in allocating money from a separate account in the Fund, priority is given to—
(a) for a separate account established for an associated Trust or park—the associated Trust or park for which the separate account was established, or
(4) The Trust must ensure that, in allocating money from a separate account in the Fund—
(a) priority is given to the associated Trust or park for which the separate account was established, and
(b) if the Trust proposes to allocate money from the separate account to an associated Trust or park other than the associated Trust or park for which the separate account was established—
(i) a community trustee board established for the part of the parklands estate administered by the associated Trust or park has been given written notice of the proposal to allocate money in that way, and
(ii) the community trustee board has not, within 14 days after receiving the notice, objected to the allocation of the money in that way.
(5) To avoid doubt, if a community trustee board objects under subsection (4)(b) to the allocation of money in a way, the Trust must not under subsection (4) allocate the money in that way.
(6) In administering the Fund, the Trust must ensure—
(a) there is adequate funding for each of the associated Trusts, and
(b) the overall sustainability of the Trust and the associated Trusts.
Part 6
Enforcement and legal proceedings
Part 6 Enforcement and legal proceedings
Part 6 Enforcement and legal proceedings
47
Appointment
47 Appointment
47 Appointment
The Trust may appoint the following to be a ranger 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.
48
Functions
48 Functions
48 Functions
A ranger has the functions conferred by—
(a) this Act, or
(b) the regulations.
49
Identification card
49 Identification card
49 Identification card
(1) The Trust must issue each ranger 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, a ranger must, if asked by a person affected by the exercise of a function, produce the ranger’s identification card to the person.
50
Requirement to state name and address
50 Requirement to state name and address
50 Requirement to state name and address
(1) An authorised officer who reasonably suspects a person of having committed an offence against this Act or the regulations may require the person to state the person’s full name and residential address.
(2) An authorised officer may require the driver of a vehicle on the GSPT estate to—
(a) produce the driver’s driver licence, and
(b) state the driver’s full name and residential address.
(3) A person must not—
(a) fail to comply with a requirement under subsection (1) or (2), or
(b) in purporting to comply with a requirement under subsection (1) or (2)—
(i) state a name that is not the person’s name, or
(ii) state an address that is not the person’s residential address.
Maximum penalty—10 penalty units.
(4) A person is not guilty of an offence against this section unless it is established that the authorised officer warned the person that a failure to comply with a requirement of this section is an offence.
51
Requirement for owner of vehicle and others to give information
51 Requirement for owner of vehicle and others to give information
51 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 who has 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.
52
Penalty notices
52 Penalty notices
52 Penalty notices
(1) A authorised officer may issue a penalty notice to a person if it appears to the authorised officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) 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.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations.
(5) The amount prescribed under subsection (4) must not be more than the maximum amount of penalty that could be imposed for the offence by a court.
(6) This section does not limit the operation of another provision of, or made under, this Act or another Act relating to proceedings that may be taken for offences.
53
Liability of vehicle owner for certain offences
53 Liability of vehicle owner for certain offences
53 Liability of vehicle owner for certain offences
(1) This section applies if this Act or the regulations provide for an offence in relation to a vehicle.
(2) The person who, at the time of the offence, is the owner of the vehicle is guilty of the offence as if the person were the actual offender.
(3) Subsection (2) does not apply if the owner of the vehicle—
(a) for an offence dealt with by penalty notice—
(i) satisfies the prescribed officer the vehicle was, at the time of the offence, stolen or otherwise illegally taken or used, or
(ii) within 21 days after receiving the penalty notice, gives the prescribed officer an approved nomination notice containing the name and address of the person who was in charge of the vehicle at the time of the offence, or
(iii) satisfies the prescribed officer the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence, or
(b) otherwise—
(i) satisfies the court the vehicle was at the time of the offence stolen or otherwise illegally taken or used, or
(ii) within 21 days after service on the owner of a court attendance notice for the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at the time of the offence, or
(iii) satisfies the court the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence.
(4) An approved nomination notice may be given by a person issued with a penalty notice within 90 days of the penalty notice being issued if the approved nomination notice is provided in the circumstances specified in the Fines Act 1996, section 23AA or 23AB.
(5) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or an informant under this section, the prescribed officer or informant may, by written notice served on the owner, require the owner to give a statutory declaration that verifies the nomination contained in the approved nomination notice.
(6) A statutory declaration under subsection (5), if produced in proceedings against the person named in the declaration and in relation to the offence for which the declaration was given, is prima facie evidence that the person was in charge of the vehicle at the time the offence was committed.
(7) An approved nomination notice or a statutory declaration that relates to more than one offence is taken not to be an approved nomination notice or statutory declaration for the purposes of this section.
(8) In this section—
approved nomination notice has the same meaning as in the Fines Act 1996, section 38.
penalty notice means a penalty notice issued under section 50.
prescribed officer means the prescribed officer referred to in a penalty notice.
54
Offences by corporations
54 Offences by corporations
54 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 51(3).
(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.
55
Proceedings for offences
55 Proceedings for offences
55 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.
56
Proof of certain matters not required
56 Proof of certain matters not required
56 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, Board or a community trustee board,
(b) a resolution of the Board or a community trustee board,
(c) the appointment of, or the holding of office by, a Board member,
(d) the presence of a quorum at a meeting of the Board or a community trustee board,
(e) the appointment of a ranger.
57
Recovery of fees, charges or other monies
57 Recovery of fees, charges or other monies
57 Recovery of fees, charges or other monies
A charge, fee or other money due to the Trust under this Act is recoverable by the Trust in a court of competent jurisdiction as a debt due to the Crown.
58
Compensation for loss or damage to Trust property
58 Compensation for loss or damage to Trust property
58 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 the GSPT estate 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.
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
59
Personal liability
59 Personal liability
59 Personal liability
(1) A thing done or omitted to be done by a relevant person does not subject the relevant person personally to an action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purposes of this Act or associated Trusts legislation.
(2) In this section—
relevant person means the following—
(a) a Board member,
(b) a member of a committee established by the Trust, including a community trustee board,
(d) a person acting under the direction of a person mentioned in paragraph (a)–(c).
60
Review of Act
60 Review of Act
60 Review of Act
(1) A Joint Select Committee of the Parliament is to be established in relation to the Greater Sydney Parklands Trust.
(2) The Joint Select Committee is to review the Act to determine whether—
(a) the policy objectives of the Act remain valid, and
(b) the terms of the Act remain appropriate for securing those objectives.
(3) The review is to be undertaken as soon as practicable after the period of 2 years from the commencement of this Act.
(4) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
61
Regulations
61 Regulations
61 Regulations
(1) The Governor may make regulations about a matter that is—
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may provide for the following—
(a) the fees and charges that may be imposed for the purposes of this Act,
(b) regulating the use by the public of, and the conduct of the public on, the parklands estate,
(c) regulating the use of the Trust’s facilities and the provision of services by the Trust,
(d) requiring the payment of charges for the use of a facility operated, or service provided, by the Trust,
(e) authorising a person granted a lease, licence or other authority by the Trust to require the payment of charges for the use of a facility operated, or service provided, under the lease, licence or other authority.
(3) The regulations may create offences punishable by a maximum penalty of 50 penalty units.
Schedule 1
Constitution and procedure of Board
Schedule 1 Constitution and procedure of Board
Schedule 1 Constitution and procedure of Board
section 8(5)
Schedule 2
Constitution and procedure of community trustee boards
Schedule 2 Constitution and procedure of community trustee boards
Schedule 2 Constitution and procedure of community trustee boards
section 31(2)(b)
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 4
Dictionary
Schedule 4 Dictionary
Schedule 4 Dictionary
section 4
appointed member—see section 8(3)(b).
approved consultation and engagement framework means the consultation and engagement framework prepared by the Trust and approved by the Minister under Part 4, Division 1.
approved plan of management means a plan of management approved by the Minister.
associated Trust means a Trust within the meaning of the associated Trusts legislation.
associated Trusts estate means all land owned or managed by the associated Trusts under the associated Trusts legislation.
associated Trusts legislation means the following Acts, and regulations made under the Acts—
(a) all parklands directly owned or managed by the Trust, and
(b) supplementary land.
owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
parklands estate means all parklands owned or managed by the Trust, including—
(a) parklands directly owned or managed by the Trust, and
(b) the associated Trusts estate.
private subsidiary corporation means a private corporation in which the Trust has a controlling interest.
ranger means a person appointed under section 47.
relevant parkland, for a community trustee board, means—
(a) if the community trustee board is established for the whole of the parklands estate—the parklands estate, or
(b) if the community trustee board is established for a part of the parklands estate or an individual park—the part of the parklands estate or individual park for which the board is established.
supplementary land means land outside the parklands estate that is owned or managed by the Trust.
Trust means the Greater Sydney Parklands Trust.
sch 4: Am 2023 No 35, Sch 2.4.
Schedule 5
Schedule 5
Schedule 5 (Repealed)
sch 5: Am 2022 No 26, Sch 2.11. Rep 1987 No 15, sec 30C.
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 is the Greater Sydney Parklands Trust Act 2022.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects
3 Objects
3 Objects
The objects of this Act are as follows—
(a) to maintain and improve the parklands estate across Greater Sydney and ensure the parklands estate is effectively managed and operated to deliver world-class and ecologically sustainable parklands for the public,
(b) to enable the Greater Sydney Parklands Trust to facilitate a connection to Country for First Nations peoples that—
(i) recognises and conserves First Nations peoples’ cultural heritage and values through the use of the parklands estate, and
(ii) establishes long-term and mutually beneficial partnerships that give effect to the ongoing relationships of First Nations peoples with Country,
(c) to ensure the conservation of the natural and cultural heritage values of the parklands estate and the protection of the environment within the parklands estate,
(d) to advocate for a long-term vision to achieve the outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space,
(e) to encourage the use and enjoyment of the parklands estate by the community by promoting and increasing the recreational, historical, scientific, educational, cultural and environmental values of lands within the parklands estate,
(f) to ensure the parklands estate may be used by the community in a way that is adaptive and recognises and responds to the diverse needs of the community,
(g) to provide increased opportunity for community engagement to shape regionally significant parklands in response to diverse community needs.
4 Definitions
Financially, the Act creates a Special Deposits Fund with separate accounts for each associated Trust, park or the Entertainment Quarter (ss 43-46). The Trust may charge fees where authorised (s 15(1)(n); s 61(2)(a)), invest and allocate funds subject to prioritisation rules and community trustee board notification/objection procedures (s 46).
For operations and commercial activity, the Trust can undertake or facilitate business activities for the stated purposes of maintaining and improving parklands and providing sustainable high-quality parklands (s 15(1)(l)-(m)), may form or participate in private subsidiary corporations with Ministerial approval and may exercise functions through private subsidiaries, partnerships or joint ventures (ss 11; 28).
Enforcement provisions allow appointment of rangers and authorised officers with specified powers (ss 47-49), requirements to provide name and address and to supply driver/vehicle information (ss 50-51), penalty notices under the Fines Act for prescribed offences (s 52), owner liability for vehicle-related offences (s 53), and corporate liability extensions (s 54). Offences are dealt with summarily (s 55). The Act includes personal liability protection for Board members, committee members and staff acting in good faith (s 59) and requires a statutory Joint Select Committee review after two years (s 60). The Governor may make regulations to carry out the Act, including creating offences up to 50 penalty units (s 61).
The Act both centralises and consolidates parkland management powers while embedding procedural constraints (plans, consultation, tendering, Ministerial consent) and a fund structure that separates revenues by park/associated Trust. It creates multiple routes for commercial engagement while restricting sale of the overall estate and introducing ministerial oversight at key junctions (s 7; s 21; s 28).
Main concepts
The statutory architecture pivots on a small number of core concepts given force in the Act: the Trust, the GSPT estate, associated Trusts and their estates, plans of management, community trustee boards, the consultation and engagement framework, the Special Deposits Fund with separate accounts, and authorised officers/rangers.
The Trust. The Greater Sydney Parklands Trust is the statutory corporation charged with management of the parklands estate (s 5). It is a NSW Government agency, carrying Crown status, privileges and immunities as explained by reference to the Interpretation Act 1987 (s 6 and note).
GSPT estate and associated Trusts. The GSPT estate means all parklands directly owned or managed by the Trust plus supplementary land (Schedule 4 definitions). Associated Trusts (Callan Park, Centennial Park and Moore Park, Parramatta Park, Western Sydney Parklands Acts) retain estates that are within the parklands estate for many operational purposes; the Trust may exercise associated Trust functions and manage associated Trusts’ estates (ss 16; Schedule 4).
Objects and permitted commerciality. The statutory objects articulate conservation, public access, connection to Country, heritage protection and community engagement (s 3). The Trust may undertake business activities and provide facilities, but this commercial power is framed as instrumentally linked to maintaining and improving parklands or ensuring effective management to deliver high-quality, ecologically sustainable parklands (s 15(1)(l)(i)-(ii)). The Act explicitly authorises the Trust to provide food and refreshments (s 15(1)(m)) and to charge fees in accordance with regulations (s 15(1)(n); s 61(2)(a)).
Plans of management and consultation. The Trust must ensure approved plans of management for parks and associated Trust estates and give effect to them (s 24). The Plan must contain strategic direction, permitted activities, maximum land use amounts for each activity, and principles for assessing leases/licences’ consistency with objects (s 24(3)(a)). The Trust must have an approved consultation and engagement framework, prepared with stakeholder input, approved by the Minister and published online (ss 29-34). Community trustee boards are statutory consultative/advisory bodies with defined composition requirements and functions centred on plans, local issues and approval of plans for their parklands (ss 37-39; Schedule 2).
Governance and ministerial oversight. A Board is provided as an advisory body (s 8(2)). The Minister retains a control and direction power concerning the Trust in the exercise of its functions (s 7). The Minister approves the consultation and engagement framework (s 33), may consent to long leases, and must approve formation of private subsidiaries (ss 21(2); 28(1)). These provisions put multiple checkpoints under Ministerial control.
Finance and earmarked accounts. The Special Deposits Fund houses revenues collected by the Trust, with separate accounts for each associated Trust, park or the Entertainment Quarter (s 43). The Act prescribes priority and procedural restrictions on reallocating funds across accounts, including a requirement to notify community trustee boards and allow a 14-day objection period (s 46(3)-(5)).
Enforcement apparatus. Rangers and authorised officers may be appointed (s 47), issued identification (s 49), and exercise functions under the Act and regulations (s 48). Statutory powers include requiring names and addresses, vehicle-owner liability, issuance of penalty notices under the Fines Act, prosecution in the Local Court and orders for compensation where offences cause loss or damage to Trust property (ss 50-58).
These concepts create a trust-centred model of metropolitan parkland governance, combining statutory safeguards (plans, consultation, separate funds, prohibition on sale) with operational flexibility (commercial activity, subsidiary formation, JV and contracting powers). The Act also embeds specific procedural and evidentiary rules relevant to enforcement and financial allocation.
Who it affects
The Act affects a wide set of actors: the Trust itself and its Board; Trust employees and the chief executive; community trustee boards and their members; existing associated Trusts and their staff; local councils; state government agencies; private businesses seeking to operate in parklands; concessionaires and potential lessees; park visitors and users; landowners adjacent to parklands; donors and giftors; and the court system.
The Trust’s internal participants. The chief executive carries day-to-day responsibility and acts on behalf of the Trust (s 13). A Board composed of the chief executive plus seven appointed members provides advice; these appointed members are part-time and remunerated at the Minister’s discretion (s 8; Schedule 1). Appointed members and committee members are shielded from personal liability for good faith acts (s 59), but they must observe disclosure rules for pecuniary interests (Schedule 1 cl 8). Staff may be Public Service employees engaged under the Government Sector Employment Act 2013 to enable the Trust to exercise its functions (s 14).
Community trustee boards and local stakeholders. The Minister must establish community trustee boards for specific parklands and may establish others on recommendation (s 37). Boards are composed of council-nominated community representatives and up to six Minister-appointed members on the Trust’s advice (s 38). Boards approve plans of management for their parklands and advise on leasing, services, local issues and investment priorities (s 39). Board members serve part-time and on a voluntary basis (Schedule 2 cl 3), but must sign a Code of Conduct (s 38(5)).
Local government and State agencies. Local councils and government sector agencies are both consultees and potentially partners: the Greater Sydney Commission must consult with the Trust on metropolitan planning affecting open space (s 25(1)); government agencies proposing development likely to impact the parklands estate must consult and have regard to Trust submissions (s 25(2)). The Trust may enter agreements to manage or have land managed by government agencies (s 20).
Private business and concession holders. The Act creates routes for private-sector participation: leases, licences and easements (s 21); the Trust may exercise functions through private subsidiary corporations, joint ventures or partnerships (ss 11; 28). The Trust may provide food and refreshments and charge fees (s 15(1)(m)-(n)), and regulations may allow a leaseholder to charge for services (s 61(2)(e)). Businesses seeking leases or multi-year licences must navigate open tender rules for ten-year-or-more terms (s 22) and obtain Ministerial consent for >25-year terms (s 21(2)).
Park users and visitors. The Act authorises the Trust to regulate conduct and use of parklands through regulations (s 61(2)(b)-(d)). Rangers can require personal identification and produce identification on request (ss 49-50). Visitors and vehicle drivers must be prepared to comply with information requests and risk penalty notices (ss 50-52).
Landowners, donors and affected property interests. The Trust may acquire land by agreement or compulsorily under the Land Acquisition (Just Terms Compensation) Act 1991 (s 18). The Trust may receive gifts, devises and bequests and may agree to conditions for them; duties under the Duties Act do not apply to such gifts (s 19). Owners of vehicles can be held strictly liable for vehicle offences unless they meet statutory defences (s 53).
Courts and enforcement agencies. Offences are dealt with in the Local Court (s 55) and penalty notices are issued under s 52 with the Fines Act applying. Police officers are an authorised officer class (Schedule 4 definition).
Who pays and who decides. Funding for the Trust comes from money the Trust receives (including lease/licence revenue) paid into the Special Deposits Fund (s 44). The Trust decides on allocations from the Fund but must prioritise separate accounts and follow notice and objection procedures when reallocating funds (s 46). The Minister retains decisional control over the Trust’s functions (s 7) and over certain approvals (plans, long leases, private subsidiaries, consultation framework), so political decision-makers are central to major choices.
Overall, the Act reassigns significant control over metropolitan parklands management from discrete associated Trusts and multiple agencies to a single statutory Trust, while establishing statutory pathways,plans, board advice, Ministerial approvals, tendering rules and fund accounting,for how third parties may interact financially and operationally with the parklands.
Key duties and rights
The Act places express duties on the Trust and related actors, creates rights for consultees and sets procedural entitlements. These duties and rights are the operative levers for compliance, stakeholder influence and commercial engagement.
Trust’s statutory duties and rights
Objects and functions. The Trust must conserve, restore, enhance and ensure no reduction in the net existing natural environment of the parklands estate and foster connection to Country and heritage values (s 15(1)(a)-(b)). It has a broad suite of functions including promoting public enjoyment, providing facilities, facilitating health and wellbeing activities, consulting with community and community trustee boards, advocating and advising on long-term metropolitan open space vision, and undertaking business activities where directed to maintain and improve parklands (s 15(1)(c)-(q)).
Plans of management. The Trust must ensure each associated Trust and the Trust itself have approved plans of management for parks and must give effect to those plans (s 24(1)-(2)). The Trust must submit proposed plans to the Minister for approval and plans must include specified content (strategic direction, permitted activities, maximum land use amounts, and principles for assessing leases/licences) (s 24(3)-(5)).
Consultation obligations. The Trust must prepare an approved consultation and engagement framework to guide how it consults the community and park users; the framework must be prepared after stakeholder consultation, approved by the Minister and published online, and reviewed every five years (ss 29-36). When exercising specified functions such as granting leases, licences or easements or preparing plans of management, the Trust must have regard to the views of relevant community trustee boards, and must obtain a community trustee board’s agreement to a plan before submitting it to the Minister (s 17).
Financial duties. The Trust must pay all money received into the Greater Sydney Parklands Trust Fund and maintain separate accounts for each associated Trust, park or the Entertainment Quarter (ss 43-44). In allocating money, priority must be given to the associated Trust or park for which a separate account was established, subject to specified procedures including prior written notice to the community trustee board and a 14-day objection right (s 46(2)-(5)). The Trust must ensure adequate funding for each associated Trust and the overall sustainability of the Trust and associated Trusts (s 46(6)).
Land management powers and constraints. The Trust may acquire land by agreement or compulsory acquisition under the Just Terms Compensation Act and such land becomes part of the GSPT estate (s 18). It may grant leases, licences and easements consistent with the Act’s objects and must publicly notify proposed and granted leases in the way regulations prescribe (s 21(1), (4)). The Trust must not sell, exchange or otherwise dispose of the GSPT estate (s 23).
Rights and duties of other actors
Ministerial rights. The Minister may control and direct the Trust in exercising functions (s 7). Ministerial consent is required for leases, licences or easements longer than 25 years and for formation of private subsidiary corporations; the Minister approves the consultation and engagement framework (s 21(2)-(3); s 28(1); s 33).
Community trustee boards. Boards have the right to advise, approve plans of management for relevant parklands and to be consulted about local matters, business and leasing activities; their views must be had regard to by the Trust and they may approve or object to plan submissions and reallocation of funds under the Fund procedures (ss 17; 24; 37-41; s 46(4)-(5)). Board members must sign a Code of Conduct and the Trust must provide staff assistance (s 38(5); Schedule 2 cl 15).
Tendering and procurement. An open tender process is mandatory for granting a lease or granting a licence with a term of 10 years or more (s 22). For procurement of works, acquisition of land and other works the Trust’s acquisition and constructing-authority status interacts with the Public Works and Procurement Act (s 18(4)-(5)).
Commercial rights. The Trust may operate facilities, provide services, charge fees in accordance with regulations and authorise lessees or licensees to charge for services under regulations (s 15(1)(m)-(n); s 61(2)(d)-(e)).
Enforcement duties and rights
Authorised officers/rangers. The Trust may appoint rangers and other classes prescribed by regulations; rangers have functions prescribed by the Act and regulations and must carry and produce identification (ss 47-49).
Compliance requirements on individuals. Persons suspected of offences may be required to state name and residential address; vehicle owners and custodians may be required to provide driver identity information; failure to comply attracts penalties (ss 50-51). Penalty notices may be issued by authorised officers for prescribed offences and are governed by the Fines Act (s 52).
Court rights. Proceedings for offences are to be dealt with summarily in the Local Court (s 55); the court may order compensation for loss or damage to Trust property caused by an offence (s 58). The Trust may recover fees and charges as a debt to the Crown (s 57).
Procedural and governance rights and duties such as disclosure of pecuniary interests by Board and board committee members, minutes and publication obligations, quorum and voting rules, and tenure and removal provisions for appointed members and community trustee boards are set out in Schedule 1 and Schedule 2.
In short, the Act creates a mix of managerial duties (plan delivery, conservation, consultation), financial entitlements (fee-charging, allocation of a dedicated Fund), statutory checks (tendering, Ministerial consent), and enforcement powers (rangers, penalty notices, councilable prosecutions), distributed across the Trust, the Minister, community trustee boards and regulated parties.
Penalties and enforcement
The Act establishes a compliance and enforcement framework with administrative and criminal (summary) components, along with civil remedies for Trust losses. Enforcement mechanisms combine authorised-officer powers, penalty notices, owner liability rules, corporate attribution rules and prosecutorial pathways.
Primary enforcement authorities
Rangers and authorised officers. The Trust may appoint rangers drawn from Public Service employees and prescribed classes (s 47). Rangers have functions conferred by the Act and the regulations (s 48) and must carry identification cards detailing their authority and expiry, signed by the chief executive; rangers must produce their ID when requested by affected persons (s 49).
Powers to obtain identity and information
Requirement to state name and address. An authorised officer who reasonably suspects a person of committing an offence under the Act or regulations may require the person to state full name and residential address (s 50(1)). Drivers may be required to produce a driver licence and state name and address (s 50(2)). Failure to comply, or supplying false details when purporting to comply, is an offence punishable by up to 10 penalty units; however, a person is not guilty unless warned about the offence consequence by the authorised officer (s 50(3)-(4)).
Requirement to provide driver/vehicle information. If a driver is alleged to have committed an offence, authorised officers may require the vehicle owner or custodian to immediately give information about the driver’s name and residential address, possibly in a signed written statement; other persons may be required to provide information in their power that may identify the driver (s 51). Non-compliance attracts a maximum penalty of 10 penalty units, though statutory defences apply where the owner could not reasonably have known the driver’s identity (s 51(3)-(4)).
Penalty notices and fines
Penalty notices. Authorised officers may issue penalty notices for offences prescribed in regulations (s 52(1)-(2)). The Fines Act applies to such notices and the regulations prescribe the amount payable (s 52(3)-(4)). The prescribed amount must not exceed the maximum court penalty for the offence (s 52(5)). This provides a lower-cost administrative enforcement route.
Vehicle owner liability and corporate attribution
Owner liability. Where an offence relates to a vehicle, the owner of the vehicle is taken to be guilty as if they were the actual offender unless specified defences are established (s 53). The Act provides processes for nomination of actual driver identity and technical defences where the vehicle was stolen or the owner could not reasonably ascertain the driver (s 53(3)-(7)). This allocates enforcement burden to owners while preserving some due-process mechanisms.
Offences by corporations. The Act attributes corporate offences to directors and those involved in management who knowingly authorised or permitted the conduct (s 54). Proceedings against responsible individuals may be pursued regardless of whether proceedings against the corporation occur (s 54(4)). Section 54 excludes application to s 51(3) (owner information) offences.
Criminal and civil proceedings
Summary jurisdiction and evidentiary facilitation. Offences are dealt with summarily in the Local Court (s 55). The Act provides an evidentiary easing: in legal proceedings under this Act, proof is not required, unless evidence to the contrary is adduced, of the constitution of the Trust, Board, appointment of members, presence of a quorum, or appointment of a ranger (s 56). This lowers the Trust’s procedural burden in enforcement proceedings.
Recovery of fees and compensation. Charges, fees and other monies due to the Trust are recoverable as a debt to the Crown (s 57). Courts may order convicted persons to pay compensation for loss or damage to the GSPT estate or Trust property where the offence caused the loss (s 58). The court can make such orders whether or not it imposes a penalty (s 58(3)), and a sentencing procedure order under the Crimes (Sentencing Procedure) Act is deemed a conviction for these purposes (s 58(4)).
Regulatory maximums and creation of new offences
Regulation-making power to create offences. The Governor may make regulations necessary to give effect to the Act and the regulations can create offences punishable by up to 50 penalty units (s 61(1)-(3)). This delegates significant substantive scope for criminalised conduct to subordinate instrument.
Operational checks and safeguards
Identification requirement and warning. Rangers must be identified (s 49) and authorised officers must warn persons about the criminality of failing to provide name/address before prosecution for that failure is available (s 50(4)). Penalty notices afford an administrative alternative to court proceedings (s 52).
Overall enforcement design combines relatively low-threshold administrative enforcement (penalty notices), targeted owner and corporate liability rules to facilitate enforcement in vehicle-related and corporate contexts, and statutory evidentiary simplifications in court. The Act also leaves substantial scope to the regulations to define offences and penalties (s 61), so the final enforcement landscape will depend materially on the content of subordinate instruments.
How it interacts with other laws
The Act explicitly cross-references and modifies the operation of several pre-existing NSW Acts and the Commonwealth Corporations Act by reference. These interactions allocate responsibilities, modify procedural regimes, and create statutory exceptions.
Key cross-references and interactions
Land acquisition and public works. The Trust may acquire land by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (s 18(3)). For the purposes of the Public Works and Procurement Act 1912, acquisition of land under this Act is taken to be an authorised work and the Trust is the Constructing Authority; the Public Works and Procurement Act sections 34-37 do not apply to or in relation to works constructed under this Act (s 18(4)-(5)). This modifies the usual public works procurement processes for projects under the Trust’s authority.
Duties Act exemption for gifts/bequests. The Duties Act 1997 does not apply to or in relation to a gift, devise or bequest made or to be made to the Trust (s 19(3)). The Trust may accept conditional gifts and the rule against remoteness of vesting does not apply to those conditions if the Trust agrees (s 19(1)-(2)).
Planning and development Acts. The Greater Sydney Commission must consult with the Trust on plans that relate to or will impact open space and parklands policy (s 25(1)). Government sector agencies and local councils proposing development that impacts the parklands estate must consult with the Trust and have regard to its submissions (s 25(2)). When a consent authority under the Environmental Planning and Assessment Act 1979 considers a development that will overshadow the parklands estate, it must have regard to overshadowing impacts including those in a Minister-approved shadow modelling study (s 26). Moreover, despite the Act’s planning regime, the Act does not authorise use or development in contravention of another Act or law (s 27).
Integration with associated Trusts and their enabling Acts. The Trust assumes the functions of associated Trusts under their respective Acts and may exercise those functions in relation to associated Trusts’ estates (s 16). Associated Trusts legislation (Callan Park, Centennial Park and Moore Park, Parramatta Park, Western Sydney Parklands Acts) is defined in Schedule 4 and remains relevant for the Trust’s exercise of functions over those lands (Schedule 4 definitions; s 16).
Government Sector framework. The Act references the Government Sector Employment Act 2013 for employment arrangements to enable the Trust to exercise its functions (s 14; Schedule 1 cl 9). The Government Sector Finance Act 2018 is engaged for annual reporting obligations and investment rules: the Trust’s annual reporting information must include performance reporting on functions (s 15(2)) and the Trust’s investment powers depend on GSF agency status under the Government Sector Finance Act 2018 (s 46(1)).
Corporations Act and private subsidiaries. The Act permits the Trust to form private subsidiary corporations and acquire interests in private corporations (s 28(1)); private corporation is defined with reference to the Commonwealth Corporations Act 2001 (s 28(5) and Schedule 4 definitions). Private subsidiary corporations are not NSW Government agencies (s 28(3)), preserving corporate separation.
Fines Act and enforcement. Penalty notices issued under s 52 are governed by the Fines Act 1996 (s 52(3)). Owner nomination notices and approved nomination notice provisions tie back to the Fines Act definitions and procedures (s 53(4), Schedule 4 definition).
Property and Development NSW Act. The Trust may enter into arrangements with Property and Development NSW under that Act or this Act, and the text cross-references s 12 of the Property and Development NSW Act 2006 (s 20(7)).
Practical implications of interactions
Modified procurement and works procedures. The trust’s status as Constructing Authority for authorised works (s 18(4)) and the exclusion of certain Public Works and Procurement Act sections (s 18(5)) may streamline capital works for the Trust relative to the standard public works regime, but the scale of that effect depends on interplay with procurement rules preserved elsewhere or in regulations.
Statutory carve-outs for trusts’ property dealings. The Duties Act carve-out for gifts removes a transaction cost that might otherwise apply to philanthropic contributions, potentially encouraging donations but also removing a tax-based friction that might have constrained conditional gifts (s 19(3)).
Planning interface and shadowing regulation. Consent authorities must consider specific shadowing impacts using Minister-approved shadow modelling studies (s 26). The Act therefore creates a statutory planning consideration for developments affecting parklands, augmenting existing EP&A obligations.
Overlap and potential tension with associated Trusts legislation. Because the Trust inherits functions of associated Trusts, the Act effectively consolidates governance over multiple pre-existing park trusts; the precise interface with the associated Trusts Acts will require operational coordination to ensure continuity in rights, liabilities and staff arrangements.
Delegated law-making and offence creation. The Act delegates significant substantive detail (fees, regulation of conduct on parklands, offences up to 50 penalty units) to regulations (s 61). That means the final legal regime for many day-to-day matters will be settled by subordinate instruments rather than the Act itself, intensifying the importance of monitoring the regulations.
This catalogue of statutory interactions shows the Act integrates with and in some places modifies the operation of several other Acts to concentrate parklands operations in the Trust while preserving or adapting existing statutory frameworks for procurement, planning, property and finance.
Amendment history
The source contains embedded amendment annotations and transitional provisions. The Act itself sits in a live state of amendment as recorded in the text. The annotated changes in the source should be noted because they point to enacted amendments up to the date of the source document.
Annotated amendments in the source text
Section 15 (Functions,generally) , annotated as "s 15: Am 2023 No 35, Sch 3.3." This indicates the subsection was amended by the 2023 Act No 35, Schedule 3.3 (see s 15 annotation).
Section 20 (Management of GSPT estate and other land) , annotated as "s 20: Am 2024 No 27, Sch 2.7[1] [2]." This shows an amendment in 2024 (Act No 27) listed in Schedule 2.7, with bracketed internal references in the source.
Section 21 (Leases, licences and easements) , annotated as "s 21: Am 2023 No 35, Sch 3.3." This indicates amendments related to leases and licences were enacted in 2023.
Section 24 (Plan of management) , annotated as "s 24: Am 2023 No 35, Sch 3.3." The plan of management provisions were amended in the same instrument that amended s 15 and s 21.
Schedule 4 , annotated as "sch 4: Am 2023 No 35, Sch 2.4." Schedule 4 definitions reflect amendments effected in 2023.
Schedule 5 , shows prior amendment history and repeal notes: "sch 5: Am 2022 No 26, Sch 2.11. Rep 1987 No 15, sec 30C." Schedule 5 is marked as repealed historically in the source annotations.
Transitional arrangements and commencement
Commencement. The Act commences on days appointed by proclamation (s 2). The Schedule 3 transitional provisions authorise regulations of a savings or transitional nature within strict time limits and include specific transitional steps consequent on enactment (Schedule 3 Part 1 and Part 2).
Specific transitional deadlines. The Minister must establish certain community trustee boards within 6 months after commencement of s 5 (Schedule 3 Part 2 cl 2). The Trust’s obligation to have an approved plan of management for Callan Park is deferred until three years after the relevant section commences (Schedule 3 Part 2 cl 3). The approved consultation and engagement framework need not be in place until 12 months after commencement (Schedule 3 Part 2 cl 4). The Trust must conduct a suitability assessment for specified parks becoming part of the parklands estate and table a report in Parliament within two years (Schedule 3 Part 2 cl 5).
Implications for legal practice and compliance
Ongoing changes. The annotated amendment flags demonstrate that the Act has already been subject to legislative change since its original enactment. Practitioners and affected parties should track amending instruments (e.g., 2023 No 35; 2024 No 27) that modify the Trust’s functions, land management rules and definitions, since those amendments affect the operational and compliance landscape.
Temporal staging. Transitional provisions create staged compliance obligations,e.g., delayed requirements for certain approved plans and consultation frameworks,so parties must be attentive to commencement notices and the precise effective dates for particular duties.
Delegated rule-making. Because the Act delegates many operational matters (fees, public conduct rules, classes of authorised persons and penalties) to regulations (s 61), the precise regime will evolve through subordinate instruments. The embedded amendment references indicate both trend and legislative attention in specific policy areas (plans, leases, fund management), which may herald further regulation.
The source identifies specific amending instruments by citation form (year and schedule). To track current law, review the legislative history and gazetted regulations following the annotated amendments (e.g., Am 2023 No 35; Am 2024 No 27) and monitor proclamation dates for commencement of individual provisions.
Litigation history
The source text does not identify any judicial decisions, test cases or litigation history arising under this Act. There are no cases or judicial determinations named or summarised in the Act itself. Where the Act anticipates dispute resolution or enforcement proceedings, it prescribes procedural loci rather than reporting contested decisions.
Statutory procedural contexts where litigation is possible
Summary prosecution in Local Court. Offences under the Act or regulations are to be prosecuted summarily in the Local Court (s 55). This is the primary criminal enforcement forum envisaged.
Civil recovery and debts. Charges, fees and other monies due to the Trust are recoverable as a debt to the Crown in a court of competent jurisdiction (s 57). The Trust may therefore pursue civil recovery proceedings where fees are unpaid.
Compensation orders. The Local Court may order convicted persons to pay compensation for loss or damage to Trust property where the offence caused the loss (s 58). The Act authorises compensation irrespective of whether a penalty is imposed, which may increase the incidence of civil recovery concurrent with criminal proceedings.
Evidence easing and proof presumptions. Section 56 makes certain matters unnecessary to prove unless contrary evidence is given (constitution of the Trust, Board resolutions, appointments, quorum, appointment of rangers). This evidentiary structure could influence litigation strategy in enforcement prosecutions by reducing preliminary evidentiary burdens for the Trust.
Practical note for litigators and advisors
No reported cases in the source. Because the Act itself contains no reported cases, any emerging litigation will be novel in the context of interpreting newly created rights and obligations,particularly in areas where the Act intersects with Crown immunities, compulsory acquisition, tendering obligations for leases, fund allocation procedures and the scope of ministerial control (s 7).
Potential high-frequency dispute areas. Likely early areas for litigation or merits review include challenges to compulsory acquisition actions (s 18), disputes about the lawfulness of fund reallocations when community trustee boards object (s 46(4)-(5)), judicial review of Ministerial directions, and contract disputes arising from tender processes for leases or long-term licences (ss 21-22). Administrative law remedies may be invoked where Ministerial decisions engage public law obligations.
Monitoring necessary. Because the enforcement regime includes delegated regulation-making (s 61) and because several operational rules require Ministerial or Trust discretion, litigation may surface over the scope of that delegated power and the procedural propriety of decision-making. Practitioners should monitor regulations and administrative practice.
In the absence of judicial authorities in the Act text, counsel and advisors must plan on novel statutory interpretation and administrative law challenges, mindful of the evidentiary and procedural contours spelled out in the Act.
Gotchas
The Act introduces numerous procedural traps and operational constraints that can materially affect private actors, agencies and communities. The following are specific points that require attention because the statute places substantive consequences on timing, process, discretion and transaction structure.
Ministerial control and consent points
Ministerial direction. The Trust is subject to the control and direction of the Minister in the exercise of its functions (s 7). That gives the Minister wide latitude to influence operational choices; parties negotiating leases or participating in tenders should anticipate political as well as policy-level decision inputs.
Long-term lease consent. While the Trust may grant leases/licences/easements consistent with the Act, any instrument over 25 years requires Ministerial consent (s 21(2)). This places a high-stakes political gate on very long-term commercial arrangements. The Minister’s consent can be given for particular land or classes of land and can include conditions such as consultation consistent with the approved framework and community access conditions (s 21(3)(a)-(b)).
Tendering constraints and competitive effects
Open tender mandatory for leases and licences ≥10 years. Section 22 mandates open tender processes for granting a lease or a licence with a term of 10 years or more. That requires prospective operators to participate in competitive procurement; expect standard tendering timelines, procurement documentation, and performance/security conditions to be imposed.
Disposal prohibition. The Trust must not sell, exchange or otherwise dispose of the GSPT estate or land within it (s 23). For landholders contemplating long-term site development or disposal, the Trust’s prohibition closes the route of outright acquisition of parkland by private parties.
Fund allocation and community board veto-by-objection
Separate accounts with priority allocation. The Special Deposits Fund contains separate accounts for each associated Trust or park (s 43(2)). The Trust must give priority to the associated Trust or park for which the separate account was established when allocating money (s 46(3)-(4)(a)).
Notice and 14-day veto window. If the Trust proposes to allocate money from a separate account to another associated Trust or park, it must give written notice to the relevant community trustee board and the board has 14 days to object; if the board objects, the Trust cannot make the allocation in that way (s 46(4)(b)-(5)). Practically, this creates a short, binding timeline which can block reallocations and requires strict administrative discipline to ensure notices are correct and timely.
Delegated regulatory power and offence ceilings
Regulations may create offences up to 50 penalty units. The Act delegates to the Governor the power to make regulations and expressly permits regulations to create offences with maximum penalties of 50 penalty units (s 61(2)-(3)). The Act therefore leaves open the prospect of new criminalised behaviour and significant fines being introduced by subordinate instruments.
Prescribed authorised person classes. The Act allows the Trust to appoint rangers and authorised persons and for regulations to prescribe classes of persons (s 47). The scope of authorised persons will depend on regulations; expect the Trust to seek broad classes to enable enforcement.
Commerciality framed but permitted
Business activities permitted but tightly framed. The Trust may undertake business activities and provide food and other refreshments (s 15(1)(l)-(m)). However, the Act ties such activity to purposes of maintaining and improving the parklands (s 15(1)(l)). Practically, this could constrain the form and scale of commercialisation and expose the Trust to scrutiny if commercial revenues are diverted from park purposes.
Private subsidiaries limited by Ministerial approval. The Trust may form private subsidiary corporations and acquire private interests with the Minister’s approval (s 28(1)). But the Trust must not, without Ministerial approval, take actions that result in a corporation becoming a private subsidiary or cause a private subsidiary to cease being one by sale or disposal (s 28(2)). This inhibits the Trust’s flexibility to restructure corporate holdings without Ministerial sign-off.
Community trustee board powers and composition pitfalls
Appointment and representational rules. Community trustee boards include council-nominated community representatives and Minister-appointed members; if more than three council nominees exist, the Minister must choose at least three and unsuccessful nominees may attend meetings but not vote (s 38(1)-(2)). This gives the Minister and Trust some control over which local voices gain voting status.
Board approvals and plan submission. The Trust must obtain a community trustee board’s agreement to a plan of management before submitting it to the Minister (s 17(2); s 24(4)). This makes community boards a bottleneck for plan approval in some contexts; plan proponents must engage boards early to avoid delay.
Acquisition, compulsory process and gift conditions
Compulsory acquisition authority. The Trust may acquire land compulsorily under the Land Acquisition (Just Terms Compensation) Act 1991 (s 18(3)). Landowners facing acquisition should note the Trust will be an acquiring authority and normal just-terms procedures apply.
Gifts and conditions. The Trust may accept gifts subject to conditions and the rule against remoteness of vesting does not apply to such conditions (s 19(1)-(2)). Donors should be cautious: the Trust can accept complex and long-dated conditional gifts that may bind future management unless the Trust agrees subject to clear terms.
Enforcement mechanics to watch
Owner strict liability for vehicle offences. Owners can be treated as the offender for vehicle offences (s 53), subject to procedural nomination and statutory defences. Vehicle owners who allow third-party use should keep logs and controls to preserve defences.
Evidentiary presumptions. Section 56 reduces the Trust’s evidentiary burden in proceedings by treating certain organisational facts as proved unless contrary evidence is adduced. Respondents in enforcement matters must therefore be ready to rebut such presumptions.
Time-limited transitional exemptions
Staggered compliance deadlines. The Trust is afforded time-limited exemptions for particular obligations,e.g., the approved consultation framework need only be in place 12 months after commencement, and Callan Park has up to 3 years before an approved plan of management is required (Schedule 3 Part 2 cl 3-4). Stakeholders should note transitional timelines to understand when obligations will bind.
In short, the Act includes multiple operationally binding timelines, short objection windows, Ministerial consent points and delegated rule-making that concentrate discretion while creating binding procedural rights for community boards and tendering obligations for commercial actors. Parties affected should map procurement calendars, fund allocation notices, and plan submission processes carefully to avoid missed procedural deadlines or unanticipated Ministerial requirements.
How to comply
Compliance under this Act requires an operational plan that addresses governance, planning, procurement, consultation, finance and enforcement exposure. The following practical checklist is derived from the statutory text and highlights concrete steps for common categories of affected actors.
For potential lessees, licensees and concessionaires
Determine term and procurement pathway. If the proposed lease or licence has a term of 10 years or more, expect an open tender requirement (s 22). For terms exceeding 25 years, secure Ministerial consent and engage early with the Minister’s office about conditions (s 21(2)-(3)).
Prepare tender submissions consistent with approved plans. Ensure any proposed use aligns with the park’s approved plan of management or the principles contained in the plan for deciding consistency with the Act’s objects (s 24(3)(a)(iv); s 15). Check public notices for proposed grants, as the Trust must give public notice in the manner prescribed by regulations (s 21(4)).
Fees and charging. Confirm the regulatory permissions for charging fees and whether a lessee/licensee is authorised to charge for services under regulations (s 15(1)(n); s 61(2)(e)). Factor in potential regulation-derived duties and penalties under s 61.
For government agencies and local councils
Early consultation and engagement. Where development within or impacting the parklands estate is contemplated, consult the Trust early as mandated (s 25(2)) and consider Trust submissions in project assessments. Where metropolitan planning affects open space policy, the Greater Sydney Commission must consult and have regard to the Trust’s submissions (s 25(1)).
Coordination on major service infrastructure access. The Trust may ensure government sector agencies have access to major service infrastructure within the GSPT estate on terms it considers appropriate (s 15(1)(q)); agencies that need to access parkland infrastructure should negotiate terms and make-good obligations in advance.
For landowners and persons facing acquisition
Engage on acquisition process. The Trust may acquire land by agreement or under the Land Acquisition (Just Terms) Act (s 18(3)). Landowners should preserve evidence of value and liaise with legal counsel to ensure just-terms compensation principles are enforced.
For community trustee board members and local representatives
Understand appointment and conduct obligations. Board members must sign the Trust-approved Code of Conduct and comply with disclosure rules for pecuniary interests; ensure training and early receipt of relevant park documentation before the first meeting (s 38(5); Schedule 2 cl 14). Be ready to receive notices about proposed reallocation of funds and to register timely objections within 14 days when relevant (s 46(4)).
Participate in plan development. Community trustee boards must review and approve plans of management for their parkland and are a required part of the Trust’s consultation process for plans (s 24; s 39). Engage early, document advice and approvals, and maintain minutes and records for public publication (Schedule 1 cl 16 requires minutes and meeting summaries).
For Trust Board members and staff
Observe disclosure and governance rules. Board members must disclose direct or indirect pecuniary interests as soon as practicable, record particulars in the disclosure book and refrain from participating in deliberations unless authorised (Schedule 1 cl 8). Ensure compliance with meeting notice, quorum and minutes publication obligations (Schedule 1 cl 11-16).
Maintain fiduciary and statutory duties. Although s 59 grants personal liability protection for good faith acts, members and staff should maintain records that demonstrate decisions were made in good faith and in accordance with plans and consultation frameworks.
For private subsidiary and joint venture arrangements
Obtain Ministerial approval where required. Formation of private subsidiary corporations requires the Minister’s approval (s 28(1)). Acquisitions or disposals that would create or dissolve a private subsidiary corporation require prior Ministerial approval (s 28(2)).
Structure contracts to align with Trust objects. Ensure any private subsidiary or JV contract is framed to demonstrate pursuit of the permissible purposes under s 15(1)(l)(i)-(ii), i.e., maintaining and improving parklands or ensuring effective management to deliver ecologically sustainable parklands.
For all regulated persons (visitors, users, drivers)
Keep identification and be prepared to comply with authorised officer requests. Rangers can require names, addresses and driver licences (ss 49-50). Respond to authorised officers’ requests, and if you need to contest a request or penalty, seek evidence of the authorised officer’s identity and the statutory basis for the request.
Manage vehicle use and records. Vehicle owners should keep records of authorised drivers and use logs to preserve defences against owner liability under s 53. If issued a penalty notice, use the nomination procedures in the Fines Act and the Act’s provisions to properly respond within specified periods.
For fund management and financial officers
Segregate accounts and prioritise allocations. Maintain separate bookkeeping for each associated Trust, park and the Entertainment Quarter account in the Special Deposits Fund (s 43-44). Before reallocating funds, follow notice procedures to the community trustee board and allow for the 14-day objection period (s 46(4)-(5)).
Investment and GSF compliance. If the Trust is a GSF agency, invest in ways permitted under the Government Sector Finance Act 2018 Part 6; if not, obtain Minister and Treasurer agreement for investment approaches (s 46(1)). Ensure annual reporting includes performance reporting as required by the Government Sector Finance Act 2018 (s 15(2)).
Monitoring and regulatory watch
Track regulations. Many operational elements and offences depend on regulations (s 61). Monitoring the NSW legislation website for regulations, fee schedules and prescribed authorised-person classes is essential.
Watch for Ministerial instruments. Ministerial consents, approvals of the consultation framework and any Ministerial directions are key triggers for implementation and risk. Parties should maintain contact with the Trust and Minister’s office and file FOI or formal consultation submissions as appropriate.
Documentary disciplines
Document consultation and approvals. Keep contemporaneous records of public notices, tender documents, consultations with community trustee boards, Ministerial consents and plan submission materials. The Act imposes public-reporting and minutes publication duties (Schedule 1 cl 16), and those records will be relevant if disputes arise.
Taken together, compliance requires coordination across procurement/legal/accounting functions, early engagement with the Trust and community trustee boards, attention to tender and Ministerial consent thresholds, and disciplined record-keeping to defend enforcement actions or to preserve rights under the Act’s short objection and notice windows.
The Dictionary in Schedule 4 defines words and expressions used in this Act.
Note.
The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
Division 1 Constitution and management of Trust
Division 1 Constitution and management of Trust
Division 1 Constitution and management of Trust
5 Constitution of Trust
5 Constitution of Trust
5 Constitution of Trust
The Greater Sydney Parklands Trust (the Trust) is constituted.
6 Status of Trust
6 Status of Trust
6 Status of Trust
The Trust is—
(a) a corporation, and
(b) a NSW Government agency.
Note—
See the Interpretation Act 1987, section 13A, which provides that a NSW Government agency has the status, privileges and immunities of the Crown.
7 Ministerial control
7 Ministerial control
7 Ministerial control
The Trust is subject to the control and direction of the Minister in the exercise of its functions.
Division 2 Board of Trust
Division 2 Board of Trust
Division 2 Board of Trust
8 Trust Board
8 Trust Board
8 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board is an advisory body for the Trust.
(3) The Board consists of the following members—
(a) the chief executive,
(b) 7 members (the appointed members) appointed by the Minister.
(4) One of the appointed members is, by the member’s instrument of appointment or by a subsequent instrument, to be appointed as the chairperson of the Board.
(5) Schedule 1 has effect for the Board.
9 Appointed members of Board
9 Appointed members of Board
9 Appointed members of Board
(1) In appointing Board members, the Minister must ensure the Board, as a whole, has experience or skills in the following—
(a) community consultation,
(b) environmental and conservation management,
(c) financial and property management,
(d) governance and risk,
(e) heritage or heritage management,
(f) landscape or park management.
(2) The Minister must also, in appointing members of the Board, have regard to the desirability of the Board having members with diverse backgrounds, including having members who live in western Sydney.
Division 3 Powers of Trust
Division 3 Powers of Trust
Division 3 Powers of Trust
10 Delegation of Trust’s functions
10 Delegation of Trust’s functions
10 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 in writing, an authorised person may subdelegate a function delegated to the person by the Trust.
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
11 Exercise of functions through private subsidiaries corporations, joint ventures etc
A function of the Trust may be exercised by any of the following—
(a) the Trust,
(b) a private subsidiary corporation,
(c) the Trust or a private subsidiary corporation, or both, in a partnership, joint venture or other association with another person or body.
Example—
The Trust may enter into a biodiversity stewardship agreement with persons who own land adjacent to the GSPT estate.
12 Committees
12 Committees
12 Committees
(1) The Trust may establish—
(a) a committee, known as the Blue-Green grid committee, to advocate for a long-term vision for and outcome of quality parklands across Greater Sydney, particularly connectivity of green corridors and public access to open space, and
(b) advisory committees—
(i) to assist the Trust in the exercise of its functions, or
(ii) for the purposes of public consultation.
(2) Without limiting subsection (1), members of a committee may include—
(a) persons who represent government sector agencies and local councils, and
(b) persons who have expertise in matters relevant to the matters referred to the committee for advice, and
(c) other persons who are not Board members.
(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be decided by—
(a) the Trust, or
(b) subject to paragraph (a), the committee.
Division 4 Staff of Trust
Division 4 Staff of Trust
Division 4 Staff of Trust
13 Chief executive
13 Chief executive
13 Chief executive
(1) The chief executive is responsible for the day-to-day management of the Trust.
(2) An act, matter or other thing done in the name of, or on behalf of, the Trust by the chief executive is taken to have been done by the Trust.
14 Staff
14 Staff
14 Staff
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Trust to exercise its functions.
Note—
The Government Sector Employment Act 2013, section 59 provides that the persons so employed, or whose services the Trust makes use of, may be referred to as officers or employees, or members of staff, of the Trust. The Constitution Act 1902, section 47A precludes the Trust from employing staff.
Part 3 Functions of Trust
Part 3 Functions of Trust
Part 3 Functions of Trust
Division 1 General functions
Division 1 General functions
Division 1 General functions
15 Functions—generally
15 Functions—generally
15 Functions—generally
(1) The Trust has the following functions—
(a) to conserve, restore, enhance and ensure no reduction in the extent of the net existing natural environment of the parklands estate,
(b) to conserve, restore and enhance—
(i) connection to Country for First Nations peoples, and
(ii) the heritage values of the parklands estate,
(c) to facilitate and promote the use of the parklands estate for education, environmental sustainability and scientific and other research, including by providing facilities for education and research,
(d) to encourage and promote appropriate public access and enjoyment of the parklands estate, including by catering to a diverse range of community interests, organisations and activities,
(e) to provide for and facilitate a diverse range of recreational, historical, educational, environmental, cultural, sporting, entertainment and tourism uses of the parklands estate, including by providing facilities and associated services,
(f) to facilitate the use of the parklands estate to meet community health needs and provide opportunities for, and encourage, activities that promote health and well-being in the community,
(g) to consult with, and involve, the community in planning for the parklands estate and carrying out the plans, including the provision of services and facilities within the parklands estate, by establishing a transparent process for consultation about and management of the parklands estate,
(h) to consult with community trustee boards about any advice received from the boards about the parklands estate or parts of the parklands estate,
(i) to manage and operate the GSPT estate in a way that aligns with the Government’s long-term vision for metropolitan open space and parklands within Greater Sydney,
(j) to advocate to the Government to influence the long-term vision for open space and parklands in Greater Sydney,
(k) to provide advice and recommendations to the Minister and government sector agencies about the implementation of the Government’s long-term vision for open space and parklands within Greater Sydney,
(l) to undertake or facilitate business activities and the provision of facilities within the GSPT estate, but only for the following purposes—
(i) to maintain and improve the parklands estate across Greater Sydney,
(ii) to ensure the parklands estate is effectively managed and operated to deliver high quality and ecologically sustainable parklands for the public,
(m) to provide or permit the provision of food and other refreshments on land within the GSPT estate,
(n) in accordance with the regulations, to charge and receive fees, charges or other amounts for, or in connection with, services provided or permissions given by the Trust in relation to the GSPT estate,
(o) to provide financial and operational management in relation to the GSPT estate, including maintaining the estate and other Trust assets,
(p) to enter into contracts and other arrangements with persons or bodies for the purposes of this Act,
(q) to ensure government sector agencies have access to major service infrastructure within the GSPT estate on terms the Trust considers appropriate,
Example—
The Trust may require that a Government agency that accesses major service infrastructure within the GSPT estate to perform works must make good damage caused to the GSPT estate at the end of the works.
(r) another function given to the Trust by or under this Act or another Act.
(2) To avoid doubt, the Trust’s annual reporting information prepared under the Government Sector Finance Act 2018 must include a report about the Trust’s performance of its functions, including its functions under subsection (1)(j) and (k).
s 15: Am 2023 No 35, Sch 3.3.
16 Functions—associated Trusts and associated Trusts estate
16 Functions—associated Trusts and associated Trusts estate
16 Functions—associated Trusts and associated Trusts estate
(1) In addition to the Trust’s functions under this Act, the Trust—
(a) has all the functions of each associated Trust under the associated Trusts legislation, and
(b) may exercise the functions of an associated Trust in relation to the associated Trusts estate.
(2) For the purposes of subsection (1), the Trust’s functions include providing financial and operational management in relation to the associated Trusts estate in accordance with the objects and functions of the associated Trusts under the associated Trusts legislation.
17 Exercise of functions in conjunction with community trustee boards
17 Exercise of functions in conjunction with community trustee boards
17 Exercise of functions in conjunction with community trustee boards
(1) This section applies if the Trust is exercising functions in relation to—
(a) the granting of a lease, licence or easement over land within the GSPT estate under section 21, or
(b) the preparation or approval of a plan of management under section 24.
(2) The Trust must—
(a) have regard to the views of a community trustee board for the relevant parkland, and
(b) for a plan of management—obtain the community trustee board’s agreement to the plan of management before submitting the plan to the Minister.
Division 2 Functions about land
Division 2 Functions about land
Division 2 Functions about land
18 Acquisition of land
18 Acquisition of land
18 Acquisition of land
(1) The Trust may, for the purposes of this Act, acquire and own—
(a) new parks, and
(b) supplementary land.
(2) Land acquired and owned under subsection (1) forms part of the GSPT estate.
(3) The Trust may acquire land—
(a) by agreement, or
(b) by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(4) For the purposes of the Public Works and Procurement Act 1912—
(a) acquisition of land under this Act is taken to be an authorised work, and
(b) the Trust is, in relation to the authorised work, taken to be the Constructing Authority.
(5) The Public Works and Procurement Act 1912, sections 34, 35, 36 and 37 do not apply to or in relation to works constructed under this Act.
19 Acquisition of property by gift, devise or bequest
19 Acquisition of property by gift, devise or bequest
19 Acquisition of property by gift, devise or bequest
(1) The Trust may—
(a) acquire by gift, devise or bequest property for the purposes of this Act, and
(b) agree to carry out any conditions of the gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to a condition of a gift, devise or bequest to which the Trust has agreed.
(3) The Duties Act 1997 does not apply to or in relation to a gift, devise or bequest made, or to be made, to the Trust.
20 Management of GSPT estate and other land
20 Management of GSPT estate and other land
20 Management of GSPT estate and other land
(1) The Trust may enter into an agreement with a government sector agency for the Trust to—
(a) manage, maintain, improve or develop land of the agency for the purposes of parklands for the public, or
(b) provide services or do other things
This is an opening excerpt, not the complete document.