5BLuna Park Reserve Trust is Crown land manager of Luna Park Reserve

#### 5B Luna Park Reserve Trust is Crown land manager of Luna Park Reserve 5B Luna Park Reserve Trust is Crown land manager of Luna Park Reserve > > (1) On and from the repeal day: > > > > > (a) the Luna Park Reserve Trust in existence immediately before the repeal day (the existing Luna Park Reserve Trust) is taken to have been reconstituted as a statutory land manager under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) with the same name (the reconstituted Luna Park Reserve Trust), and > > > > > (b) each member of the trust board of the existing Luna Park Reserve Trust immediately before the repeal day is taken to have been appointed as a member of the board of the reconstituted Luna Park Reserve Trust for the balance of their terms of office, and > > > > > (c) the reconstituted Luna Park Reserve Trust is taken to have been appointed as the sole Crown land manager under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) of the Luna Park Reserve, and > > > > > (d) the reconstituted Luna Park Reserve Trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the existing Luna Park Reserve Trust. > > > > Note— > > > > As a result of paragraph (d), the reconstituted Luna Park Reserve Trust retains all the assets, rights and liabilities of the existing Luna Park Reserve Trust, subject to subsection (2) (d). > > > (2) The [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) applies in relation to the Luna Park Reserve and to the reconstituted Luna Park Reserve Trust in its capacity as its Crown land manager, subject to section 5A (2) and the following modifications: > > > > > (a) the Trust’s appointment as the Crown land manager of the Luna Park Reserve cannot be revoked under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), > > > > > (b) no other person can be appointed under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) as a Crown land manager of the Luna Park Reserve, > > > > > (c) the Trust is taken to have been assigned as a category 2 non-council manager of the Luna Park Reserve for the purposes of Division 3.5 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), > > > > > (d) clause 7 (1) of Schedule 7 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) is taken to apply to any estate in fee simple in the Luna Park Reserve vested in the existing Luna Park Reserve Trust by section 100 of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006), > > > > > (e) if the Minister is not also the Crown land Minister, the Minister can: > > > > > > > (i) exercise the functions of the Crown land Minister under Part 2 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) instead of the Crown land Minister in relation to the Luna Park Reserve, except a function under any of the provisions referred to in paragraph (f), and > > > > > > > (ii) grant written consent for the purposes of Division 3.5 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), > > > > > (f) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.27 (2) (c) of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust, > > > > > (g) the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) does not apply in relation to the Luna Park Reserve or the Trust to the extent provided by other provisions of this Act or the regulations. > > > (3) If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister. > > **s 5B:** Ins 2017 No 17, Sch 2.11 \[4\].