Part 3ADevelopment Trusts

Part 3A—Development Trusts Division 1—Development Trusts 45A—Interpretation and application (1) In this Part— reserve means a park, reserve, wilderness protection area or wilderness protection zone and includes a part of a park, reserve, wilderness protection area or wilderness protection zone or any 2 or more parks, reserves, wilderness protection areas or wilderness protection zones; Trust means a development trust established under section 45B. (2) This Part does not apply to a co‑managed park constituted of Aboriginal‑owned land. 45B—Development Trusts (1) The Governor may, by proclamation, establish a Development Trust in respect of a reserve or reserves. (2) A proclamation under subsection (1) must— (a) designate the reserve, or reserves, in relation to which the Development Trust is to be created; (b) designate the Trust by a distinctive name; (c) fix the number of members of the Trust and the method by which they are appointed or elected; (d) fix the quorum for meetings of the Trust; (e) fix the terms and conditions upon which members of the Trust will hold office; (f) provide for the removal of members of the Trust from office and for the filling of vacant offices. (3) The Governor may, by further proclamation, vary any proclamation made under subsection (1). 45C—Trust to be body corporate (1) A Trust is a body corporate with perpetual succession and a common seal, and— (a) is capable of suing and being sued; and (b) is capable of holding, acquiring, dealing with and disposing of real and personal property; and (c) is capable of acquiring or incurring any other rights and liabilities; and (d) has the powers, rights, duties and functions conferred, imposed or prescribed by or under this Act or any other Act; and (e) holds its property on behalf of the Crown. (2) Where an apparently genuine document purports to bear the common seal of a Trust, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of that Trust has been duly affixed to that document. 45D—Appointment of members to a Trust (1) Upon the establishment of a Trust under this Act the members of the Trust must be appointed or elected, as the case may require, in accordance with the proclamation. (2) A member of a Trust is entitled to payment from the funds of the Trust of such remuneration, allowances and expenses as the Governor may determine. (3) An act or proceeding of a Trust is not invalid by reason of a vacancy in its membership or any defect in the appointment or election of a member. (4) No liability attaches to a member of a Trust for an act or omission by the member or the Trust in good faith and in the exercise or purported exercise of functions under this Act. (5) A member of a Trust who is an officer or employee of the Trust will not by reason of that fact be taken to have a financial or material interest in any matter or thing relating to rates of remuneration or other terms and conditions of employment of officers or employees of the Trust. 45E—Chairman and meetings of a Trust (1) The members of a Trust must elect one of their number to be presiding member of the Trust for such period as the Trust may determine. (2) The presiding member, if present at a meeting of the Trust, must preside at that meeting. (3) In the absence of the presiding member, the members present at a meeting must elect one of their number to preside at that meeting. (4) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Trust. (5) The person presiding at a meeting of a Trust has, in the event of an equality of votes, a casting vote in addition to a deliberative vote. (6) Subject to this Act, a Trust may conduct its business in such manner as it thinks fit. 45F—Functions of Trust (1) A Trust has the functions assigned to it by the Minister relating to the reserve or reserves for which it is established, including the development of the reserve or reserves and the conservation of animals, native plants or ecosystems of the reserve or reserves. (2) A Trust has and may exercise all such powers as are necessary for or incidental to the performance of its functions. (2a) Without limiting subsection (2), a Trust may charge and recover such amounts as it thinks fit in respect of facilities and services provided to the public by the Trust. (2b) The Minister may direct that money payable under a lease, licence or agreement granted or entered into in relation to a reserve for which a Trust is responsible be paid to the Trust. (2c) A Trust may retain and apply money received by the Trust— (a) pursuant to subsection (2a) or (2b); or (b) being fees paid for entrance to the reserve or reserves in relation to which the Trust has been established (the Trust's reserves); or (c) being fees or other money paid for— (i) the use of the Trust's reserves; or (ii) the use of facilities or services provided by the Trust; or (ca) under the Wilderness Protection Act 1992; or (d) being money that it has borrowed with the approval of the Treasurer for the purposes of the Trust; or (e) as a donation or grant for the purposes of the Trust; or (f) as interest or accretions arising from investment of money held by the Trust, for the purpose of performing and discharging its functions and duties under this or any other Act without further appropriation by Parliament. (2d) A Trust must keep proper accounts of receipts and payments in relation to performing and discharging its functions and duties under this or any other Act and the Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under this subsection. (3) In the exercise of its powers and the performance of its functions a Trust is, except where it is required to make a report to the Minister, subject to the general control and direction of the Minister. 45G—Trust may delegate (1) A Trust may delegate any of its powers, functions or duties to any committee appointed by the Trust, or to any member of the Trust or officer or employee of the Trust. (2) A delegation of powers, functions or duties by a Trust does not derogate from the power of the Trust to act itself in any matter and is revocable by the Trust at will. 45H—Staff of a Trust (1) A Trust may appoint, upon terms and conditions approved by the Minister, such officers and employees as it thinks necessary or desirable for the proper carrying out of the functions and duties of the Trust. (2) The employment of an officer or employee by a Trust will be taken, for the purposes of the Superannuation Act 1988, to be employment to which that Act applies. (3) Where a person becomes an officer or employee of a Trust, that person's existing and accruing rights in respect of recreation leave, sick leave and long service leave will, where employment by the trust follows immediately upon— (a) employment in the Public Service of the State; or (b) employment by another Trust; or (c) any other prescribed employment, continue in full force and effect as if that previous employment were employment with the Trust. 45I—Acquisition of land A Trust may, with the approval of the Minister, acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969— (a) for the purposes of carrying out its functions; (b) without limiting paragraph (a)—for the purposes of a reserve or to enlarge or extend an existing reserve. 45J—Financial provisions (1) A Trust may, with the approval of the Treasurer, borrow money for the purpose of enabling it to perform and discharge its functions and duties under this or any other Act. (2) The Treasurer may, at his or her discretion, guarantee the discharge by a Trust of any liability incurred by it in respect of any loan under subsection (1). (3) The Treasurer may, without any authority other than this section, pay out of the Consolidated Account any money required for the purpose of discharging obligations arising by virtue of a guarantee given under this section. (4) A Trust may, with the approval of the Treasurer, invest any of the money of the Trust that is not for the time being required for the purposes of the Trust, in such investments as may be approved by the Treasurer. 45L—Dissolution of a Trust (1) The Governor may, by proclamation, dissolve a Trust. (2) Upon the dissolution of a Trust pursuant to subsection (1), the assets of the Trust will be disposed of and the liabilities of the Trust will be discharged in accordance with the directions of the Governor. Division 2—The General Reserves Fund 45M—Establishment of Fund (1) The General Reserves Trust Fund continues in existence as the General Reserves Fund. (2) The fund is under the management and control of the Minister. (3) The fund consists of— (a) money provided by Parliament for the purposes of the fund; and (b) fees paid for entrance to reserves other than reserves in relation to which a specific Trust has been established and determined that it is to retain such fees; and (c) money that— (i) is payable pursuant to a lease, licence or other agreement entered into by the Minister or Director under section 35 in relation to a reserve other than a reserve in relation to which a specific Trust has been established; and (ii) the Minister or Director has directed be paid into the fund; and (d) fees or other money not referred to in paragraph (c) paid for— (i) the use of a reserve other than a reserve in relation to which a specific Trust has been established; or (ii) the use of facilities or services provided on a reserve other than a reserve in relation to which a specific Trust has been established; and (da) money required to be paid into the Fund under the Wilderness Protection Act 1992; and (e) money borrowed by the Minister with the approval of the Treasurer for the purposes of the fund; and (f) any donation or grant made for the purposes of the fund; and (g) interest and accretions arising from investment of the fund. (4) The Minister may apply the fund— (a) for or in relation to the development and management of one or more reserves; and (b) in repayment of money borrowed by the Minister for the purposes of the fund and interest payable in respect of that money; and (c) for or in relation to the management and control of the fund. 45N—Investment of the fund The Minister may invest any of the money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. 45O—Accounts and auditing (1) The Minister must keep proper accounts of receipts and payments in relation to the fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Minister under subsection (1).