This Act creates the Western Sydney Parklands Trust and gives it powers to manage, develop and operate the Western Sydney Parklands. It lets the Trust prepare precinct plans, acquire or transfer land, grant leases and licences (with ministerial controls and an open tender rule for long leases), run commercial and recreational facilities, collect fees and hold a dedicated Fund. It affects the Trust, Ministers, government agencies, local councils, lessees, visitors and vehicle owners because it sets governance, funding, land‑use rules and enforcement powers (including ranger powers and penalty notices).
This Act creates and governs the Western Sydney Parklands Trust, establishes the Western Sydney Parklands and transfers specified land into Trust ownership, sets out the Trust’s functions and governance, creates a dedicated Fund for Trust finances, and establishes an enforcement regime for the Parklands.
Mechanically, the Act:
Constitutes the Western Sydney Parklands Trust as a corporate NSW Government agency (ss 4-5). The Trust is subject to the control and direction of the Minister (s 6).
Prescribes the Board composition and governance framework, including the Chief Executive’s role for day-to-day management (s 7; s 8; Schedule 1).
Defines the Parklands by reference to Schedule 2 (s 22) and vests the land listed in Schedule 3 in the Trust on the transfer date (ss 33-35; s 34). The transfer mechanism vests land for an estate in fee simple without further conveyance and carries over prior trusts, interests and liabilities to the Trust (s 34(1)-(2)). The Act expressly provides that no compensation is payable in connection with transfers under the Division (s 36(1)).
Sets the Trust’s principal and subsidiary functions: to develop the Parklands as a multi‑use urban parkland, conserve natural and cultural heritage, provide and facilitate recreation, education and commercial activities to support viability, and otherwise perform functions conferred by this or another Act (s 12). The Trust must have regard to sustainable development (s 12(5)).
Requires an approved plan of management for each park and directs the Trust to give effect to those plans; the Trust must prepare proposed plans and consult specified parties, then give the plan to the Greater Sydney Parklands Trust for submission to the Minister for approval (s 23).
Current sections
Direct links to the current provisions in Western Sydney Parklands Act 2006.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022.
authorised officer means—
(a) a ranger, or
(b) a police officer.
Board means the Board of the Trust established under section 7.
Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Western Sydney Parklands Trust.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Fund means the Western Sydney Parklands Fund established under section 38.
government agency means any of the following—
(a) a public authority constituted by or under an Act,
land of a government agency means land vested in or owned by the government agency or land vested in or owned by the Crown or Her Majesty and controlled by the government agency (including vacant Crown land).
local authority means a council, county council or joint organisation within the meaning of the Local Government Act 1993.
owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
Parklands means the lands comprising the Western Sydney Parklands as referred to in section 22.
plan of management means the plan of management for the Parklands prepared and adopted for the time being under Part 4, including any amendments adopted under that Part.
precinct means a precinct created under Division 3 of Part 4.
precinct plan means a precinct plan for a precinct of the Parklands prepared and adopted for the time being under Part 4, including any amendments adopted under that Part.
ranger means a person appointed as a ranger under section 47.
Trust means the Western Sydney Parklands Trust constituted under section 4.
Trust land means land vested in or owned by the Trust.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to a precinct includes a reference to a sub-precinct.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 2015 No 58, Sch 3.96 [1]–[3]; 2017 No 65, Sch 2.32; 2020 No 30, Sch 1.50[2]; 2022 No 9, Sch 5.5[1].
Part 2
Constitution and management of Trust
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
4
Constitution of Trust
4 Constitution of Trust
4 Constitution of Trust
There is constituted by this Act a corporation with the corporate name of the Western Sydney Parklands Trust.
5
Status of Trust
5 Status of Trust
5 Status of Trust
The Trust is a NSW Government agency.
6
Ministerial control
6 Ministerial control
6 Ministerial control
The Trust is subject to the control and direction of the Minister in the exercise of its functions.
7
Trust Board
7 Trust Board
7 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board consists of the following members—
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands Trust.
(3) One of the members of the Board appointed under subsection (2)(d) is, by the instrument of his or her appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chairperson of the Board.
(4) (Repealed)
(5) Schedule 1 has effect with respect to the Board.
s 7: Am 2009 No 96, Sch 28; 2015 No 58, Sch 3.96 [4]; 2020 No 30, Sch 1.50[3] [4]; 2022 No 9, Sch 5.5[2] [3].
8
Chief Executive of Trust
8 Chief Executive of Trust
8 Chief Executive of Trust
(1) The Chief Executive is responsible for the day-to-day management of the affairs of the Trust in accordance with the specific policies and general directions of the Board.
(1A) The Chief Executive is subject to the control and direction of the Board.
(2) Any act, matter or 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.
s 8: Am 2022 No 9, Sch 5.5[4].
9
Advisory committees
9 Advisory committees
9 Advisory committees
(1) The Board or Trust may establish advisory committees to assist it in the exercise of its functions or for the purposes of public consultation.
(2) Any or all of the members of an advisory committee may be persons who are not members of the Board.
(3) The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is to be as determined by the body that established the committee or (subject to any determination of that body) by the committee.
9A
9A
9A (Repealed)
10
Delegation of Trust’s functions
10 Delegation of Trust’s functions
10 Delegation of Trust’s functions
(1) The Trust may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by the Trust if the delegate is authorised in writing to do so by the Trust.
(3) In this section, authorised person means—
(a) a member of the Board, or
(b) a member of staff of the Trust, or
(c) a government agency or member of staff of a government agency, or
(d) a person, or committee of persons, of a class approved by the Minister or prescribed by the regulations.
11
Exercise of functions through private subsidiaries, joint ventures etc
11 Exercise of functions through private subsidiaries, joint ventures etc
11 Exercise of functions through private subsidiaries, joint ventures etc
Any function of the Trust may be exercised—
(a) by the Trust itself, or
(b) by a private subsidiary corporation (within the meaning of section 21), or
(c) by the Trust or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.
Part 3
Functions of Trust
Part 3 Functions of Trust
Part 3 Functions of Trust
12
Functions—generally
12 Functions—generally
12 Functions—generally
(1) The principal function of the Trust is to develop the Parklands into a multi-use urban parkland for the region of Western Sydney and to maintain and improve the Parklands on an ongoing basis.
(2) The Trust also has the following functions—
(a) to conserve, restore and enhance the natural environment of the Parklands, including through the protection of remnant bushland and the restoration of vegetation or revegetation,
(b) to conserve, restore and enhance the cultural and historical heritage of the Parklands, including its indigenous heritage and its scenic qualities,
(c) to provide or facilitate the provision of a diverse range of recreational, entertainment and tourist facilities and opportunities in the Parklands, such as major sporting facilities, private amusement and recreational attractions and accommodation,
(d) to cater, at a regional level, for a diverse range of community interests, organisations and groups, including through the provision of facilities such as multi-use community halls,
(e) to facilitate the use of the Parklands to meet community health needs and provide opportunities for, and encourage, activities that promote health and well-being in the community,
(f) to encourage and promote public access to and use and enjoyment of the Parklands where appropriate,
(g) to facilitate and promote the use of the Parklands for education and research (such as scientific research), including the provision of facilities for these purposes (such as camping facilities, learning centres and accommodation),
(h) to ensure that government agencies and State owned corporations continue to have access to major service infrastructure within the Parklands,
(i) to maintain the rural character of parts of the Parklands by allowing sustainable agriculture, horticulture or forestry in the Parklands,
(j) to undertake or provide, or facilitate the undertaking or provision of, commercial, retail and transport activities and facilities in or in relation to the Parklands with the object of supporting the viability of the management of the Parklands.
(3) The Trust may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including, for example, merchandising or the sale of the Trust’s expertise in relation to any matter for the purpose of raising funds for its operations.
(4) (Repealed)
(5) In carrying out its functions, the Trust is to have regard to the principles of sustainable development, including ecologically sustainable development.
(6) The Trust may, with the consent of the Minister, exercise functions on or in relation to land outside the Parklands (including, for example, acquiring any such land). The consent of the Minister is to be given only if the Minister is satisfied that the exercise of the Trust’s functions in relation to that land is consistent with the exercise of its functions in relation to the Parklands.
(7) The Trust has such other functions as are conferred or imposed on it by or under this or any other Act.
s 12: Am 2015 No 58, Sch 3.96 [6].
12A
Open tender process to be used for leases and certain licences
12A Open tender process to be used for leases and certain licences
12A 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 all or part of the Parklands unless the granting of the lease or licence has been the subject of an open tender process.
s 12A: Ins 2022 No 9, Sch 5.5[6].
13
Agreements for management of Trust land and other land
13 Agreements for management of Trust land and other land
13 Agreements for management of Trust land and other land
(1) A government agency may enter into an agreement with the Trust for the Trust—
(a) to manage, maintain, improve or develop land of the agency, or
(b) to provide services or do other things for the management, maintenance or improvement of land of the agency.
(2) The Trust may enter into an agreement with a government agency for the government agency—
(a) to manage, maintain or develop Trust land, or
(b) to provide services or do other things for the management, maintenance or improvement of Trust land.
(3) Any functions of a government agency or member of staff of a government agency in relation to the management of land that is the subject of an agreement under this section may be delegated to the Trust, despite the provisions of any other Act.
(4) Any functions of the Trust or a member of 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 agency, despite the provisions of any other Act.
(5) The Trust may sub-delegate any function delegated to it under this section to an authorised person within the meaning of section 10, but only if the Trust is authorised in writing to do so by the delegator of the function.
(6) If a government agency is authorised by or under any Act to use specified funds to manage, maintain or develop land, the authorisation is taken to extend to providing those funds to the Trust for the management, maintenance 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 or this section, the Trust may enter into arrangements with Property and Development NSW under either section.
(8) In this section, a reference to Trust land includes a reference to land for which the Trust has care, control and management under section 31.
s 13: Am 2024 No 27, Sch 2.12.
14
Outsourcing
14 Outsourcing
14 Outsourcing
(1) The Trust is to arrange for any of its services to be provided, or any of its activities to be carried out, by persons or bodies other than its staff in accordance with any direction of the Minister to do so.
(2) A direction given by the Minister under this section may be given in a particular case or may be given for a class of cases.
(2) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and the Trust is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
16
Dealings in relation to Trust land
16 Dealings in relation to Trust land
16 Dealings in relation to Trust land
(1) Subject to this Act, the Trust may sell, lease, exchange or otherwise dispose of or deal with any Trust land and grant easements or rights-of-way over Trust land or any part of it.
(2) Except as provided by section 18, the Trust may not sell, exchange or otherwise dispose of Trust land within the Parklands.
(3) Except with the consent of the Minister, the Trust may not grant a long-term lease or licence over land within the Parklands.
(4) The Minister may consent under subsection (3) to the granting by the Trust of a long-term lease or licence for a purpose that, in the opinion of the Minister, does not provide facilities for or promote the use of the Parklands by the public, but only if the granting of consent would assist the funding of the Trust’s operations, or generate revenue to be paid into the Sydney Region Development Fund, and the Minister is satisfied that the retention of control by the Trust of the land concerned is not essential—
(a) to ensure that the Parklands act as a corridor linking core habitat (such as habitat of endangered Cumberland Plain Woodland), and
(b) to provide for the north and south areas of the Parklands to be linked by a circulation or access network to enable access to all parts of the Parklands that are available for recreational use, and
(c) to preserve the continuity of the Parklands from north to south so that they operate as a scenic break in the urban fabric of Western Sydney.
(5) The consent of the Minister under subsection (3)—
(a) may be given in relation to particular land or a class of land or a particular disposition of or dealing with land or a class of dispositions or dealings, and
(b) may be subject to conditions, and
(c) may be amended from time to time.
(6) The Trust must establish and maintain a register of all land that is, from time to time, Trust land or managed by the Trust.
(7) In this section, long-term lease or licence means a lease or licence over land within the Parklands for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 25 years.
17
Dealings with Trust land for biodiversity banking schemes, carbon sequestration and related purposes
17 Dealings with Trust land for biodiversity banking schemes, carbon sequestration and related purposes
17 Dealings with Trust land for biodiversity banking schemes, carbon sequestration and related purposes
(1) The Trust may, with the consent of the Minister, do any or all of the following—
(a) establish or provide habitat for threatened species, populations or communities, including for the purposes of any biodiversity banking scheme or other similar scheme that involves the provision of compensatory habitat,
(b) establish and maintain tree plantations on Trust land (including Trust land within the Parklands) for the purposes of carbon sequestration (and any incidental purposes) and participate in any greenhouse gas emissions trading scheme,
(c) create, acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights within the meaning of section 87A of the Conveyancing Act 1919,
(d) enter into any arrangement, give any undertaking or do any other thing for the purpose of complying with the abatement certificate scheme established under Part 8A of the Electricity Supply Act 1995 or any other scheme intended to promote the reduction of greenhouse gas emissions, or offset greenhouse gas emissions, established by or under an Act of this State or any other State, of a Territory or the Commonwealth or of another country.
(2) The Minister may grant consent under subsection (1), but only if the granting of consent would assist the funding of the Trust’s operations, or generate revenue to be paid into the Sydney Region Development Fund, and the Minister is satisfied that the granting of consent would not adversely affect the application of the following principles to the Parklands—
(a) the Parklands are to act as a corridor linking core habitat (such as habitat of endangered Cumberland Plain Woodland),
(b) the north and south areas of the Parklands are to be linked by a circulation or access network to enable access to all parts of the Parklands that are available for recreational use,
(c) the continuity of the Parklands from north to south are to be preserved so that they operate as a scenic break in the urban fabric of Western Sydney.
18
Dedication of land
18 Dedication of land
18 Dedication of land
(1) The Trust may, by notification published in the Gazette, declare that it proposes to surrender Trust land described or referred to in the notification to the Crown to be dedicated—
(a) for any public purpose specified in the notification, or
(b) if so specified in the notification, as a public road.
(b) on revocation of the reservation, it may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road.
(3) The Trust may, in a notification published under subsection (1), limit the description of, or reference to, land to a specified depth below the surface of the land. If the description or reference is so limited, subsection (2) does not apply to land below the specified depth.
(4) The Trust may, by notification published in the Gazette, declare any elevated or subterranean structure owned by the Trust that continues the line of a public road to be a public road. On the publication of the notification in the Gazette, the structure, except in relation to any vesting of the structure, is taken to be a public road.
s 18: Am 2017 No 17, Sch 2.21 [1].
19
Roads
19 Roads
19 Roads
(1) A road that is or would be situated in the Parklands cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of the Trust.
(2) Except as provided by subsection (1), this Part does not affect the application of the Roads Act 1993 or any other Act to any such road.
20
Acquisition of property by gift, devise or bequest
20 Acquisition of property by gift, devise or bequest
20 Acquisition of property by gift, devise or bequest
(1) The Trust may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which the Trust has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to the Trust.
21
Private subsidiary corporations etc
21 Private subsidiary corporations etc
21 Private subsidiary corporations etc
(1) In this section—
private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.
private subsidiary corporation means a private corporation in which the Trust has a controlling interest.
(2) The Trust may, subject to subsection (3)—
(a) form, or participate in the formation of, private corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(3) The Trust must not, without the approval of the Minister—
(a) form, or participate in the formation of, a private subsidiary corporation, or
(b) acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or
(c) sell or otherwise dispose of any interest in a private subsidiary corporation so that, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.
(4) A private subsidiary corporation is not a NSW Government agency.
(1) The Western Sydney Parklands comprises the land described in Schedule 2 or shown on a map or maps in Schedule 2.
(2) Without limiting the ways in which land may be described for the purposes of subsection (1), land may be described by reference to a map or maps deposited in a specified place.
(3) The regulations may amend Schedule 2 by altering, substituting or omitting any description of land in the Schedule or by substituting or omitting any map in the Schedule.
(4) Land may be included within the Parklands even if it is not contiguous with other land within the Parklands.
(5) Despite the other provisions of this section, land does not form part of the Parklands unless the land is Trust land or land of a government agency.
Division 2
Planning
Division 2 Planning
Division 2 Planning
pt 4, div 2: Subst 2022 No 9, Sch 5.5[7].
23
Plan of management
23 Plan of management
23 Plan of management
(1) The Trust must—
(a) have an approved plan of management for each park within the Parklands, and
(b) give effect to the approved plan of management.
(2) The approved plan of management must provide a plan to guide the following within the Parklands—
(a) the use of land within the park,
(b) the development of the park,
(c) activities carried out on or in the park,
(d) the management and operation of the park.
(3) In preparing a proposed plan of management, the Trust must consult with—
(a) government agencies that manage Trust land, and
(b) any other person or board with whom consultation is required under the approved consultation and engagement framework.
(4) The Trust must give the proposed plan of management to the Greater Sydney Parklands Trust for that Trust to submit to the Minister for approval.
(5) The Trust must review the approved plan of management at least every 7 years.
(1) This section applies if there is a community trustee board for the Parklands.
(2) The Trust must, in exercising its functions in relation to the Parklands—
(a) consult with the community trustee board, and
(b) have regard to the advice and recommendation of the board in relation to the Parklands.
(3) Without limiting subsection (2), the Trust must consult with and have regard to the advice of a community trustee board established for the Parklands about the following—
(a) the development and review of the plan of management for the Parklands,
(b) proposed new or modified services and facilities for the Parklands,
(c) matters of local relevance to the Parklands, including the protection and use of the Parklands and the business and other activities carried out, or to be carried out, on the Parklands.
(4) In this section—
Parklands includes a part of the Parklands.
s 24: Subst 2022 No 9, Sch 5.5[7].
25
Compliance with approved consultation and engagement framework
25 Compliance with approved consultation and engagement framework
25 Compliance with approved consultation and engagement framework
The Trust must, in exercising its functions in relation to consultation and engagement with any of the following, comply with the approved consultation and engagement framework—
(a) the community generally,
(b) visitors and other users of the Parklands,
(c) a community trustee board,
(d) other stakeholders.
s 25: Subst 2022 No 9, Sch 5.5[7].
Division 4
Division 4
Division 4
26–28 (Repealed)
pt 4, div 4: Rep 2022 No 9, Sch 5.5[7].
s 26: Rep 2022 No 9, Sch 5.5[7].
s 27: Rep 2022 No 9, Sch 5.5[7].
s 28: Rep 2022 No 9, Sch 5.5[7].
Division 5
Other provisions relating to management of Parklands
Division 5 Other provisions relating to management of Parklands
Division 5 Other provisions relating to management of Parklands
29
Management of cemeteries and crematoria
29 Management of cemeteries and crematoria
29 Management of cemeteries and crematoria
(1) The Trust may, in accordance with a precinct plan, use or permit the use of a part of the Trust land for the purposes of a cemetery or crematorium, or both.
(1A) However, the Trust may not use or permit the use of the part of the Trust land known as the Fernhill Estate for the purposes of a cemetery or crematorium.
(2) The provisions of the Cemeteries and Crematoria Act 2013 and the regulations under that Act relating to cemeteries and crematoria apply to Trust land used for those purposes in the same way as it applies to Crown land reserved under the Crown Land Management Act 2016 for those purposes and those provisions apply—
(a) as if a reference to a Crown cemetery operator were a reference to the Trust, and
(b) with such other modifications as may be prescribed by the regulations.
(3) In this section—
Fernhill Estate means the following land at Mulgoa—
(a) Lot 10, DP 615085,
(b) Lot 11, DP 615085,
(c) Lot 2, DP 541825,
(d) Lot 1, DP 570484,
(e) Lot 6, DP 173159,
(f) Lot 100, DP 717549,
(g) Lot 2, DP 241971.
s 29: Am 2017 No 17, Sch 2.21 [2]; 2022 No 9, Sch 5.5[8] [9].
30
Responsibilities of the Trust and government agencies in relation to Parklands
30 Responsibilities of the Trust and government agencies in relation to Parklands
30 Responsibilities of the Trust and government agencies in relation to Parklands
(1) The Trust is, as far as possible, to exercise its functions in accordance with the plan of management and to give effect to the provisions of each precinct plan.
(2) Each government agency that owns or manages any land within a precinct—
(a) is, as far as possible, to manage, use and develop the land in accordance with the relevant provisions of the precinct plan, and
(b) may exercise, to the extent necessary to comply with paragraph (a), any function that the Trust may exercise in relation to land within the Parklands.
(3) This section does not authorise the exercise of a function by the Trust or a government agency that would conflict with the exercise of its functions under any other Act.
(4) Land of a government agency comprising part of the Parklands must not be sold, leased, exchanged or otherwise disposed of unless—
(a) where the government agency concerned is not a local authority—the Minister responsible for the government agency has consulted with the Minister administering this Act, or
(b) where the government agency concerned is a local authority—the local authority has consulted with the Minister administering this Act.
(5) However, consultation is not required under subsection (4) in relation to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 25 years.
(6) A failure by a Minister responsible for a government agency, or a government agency, to comply with a provision of this section in relation to land of the government agency does not invalidate any action of the government agency in relation to the land.
31
Management of Western Sydney Regional Park
31 Management of Western Sydney Regional Park
31 Management of Western Sydney Regional Park
(1) In this section, Western Sydney Regional Park means the land reserved under the National Parks and Wildlife Act 1974 as Western Sydney Regional Park, including any additional land reserved under that Act as part of that Park after the commencement of this section.
(2) On and from the commencement of this section, the Trust—
(a) has the care, control and management of the Western Sydney Regional Park under the National Parks and Wildlife Act 1974 instead of the Chief Executive, and
(b) has all the functions under that Act in relation to the Western Sydney Regional Park that the Chief Executive has in relation to regional parks for which the Chief Executive has the care, control and management, and
(c) to the extent that it has the care, control and management of the Western Sydney Regional Park under the National Parks and Wildlife Act 1974, is subject to the control and direction of the Minister administering that Act.
(3) Despite section 138 of the National Parks and Wildlife Act 1974, any money received by the Trust in relation to the Western Sydney Regional Park, including money received by the Trust from leases, licences, permits or occupancies or fees and charges, is to be paid into the Western Sydney Parklands Fund established under section 39.
(4) A reference in—
(a) section 139(2)(a) of the National Parks and Wildlife Act 1974 to the Chief Executive is taken to include a reference to the Trust in the exercise or performance of its powers, authorities, duties and functions under that Act in relation to the Western Sydney Regional Park, and
(b) section 177 to the Chief Executive is taken to include a reference to the Trust in relation to its care, control and management under that Act of the Western Sydney Regional Park.
(5) Any thing done or entered into by the Chief Executive in connection with the Western Sydney Regional Park is taken to have been done or entered into by the Trust.
(6) For the avoidance of doubt, land comprising the whole or any part of the Western Sydney Regional Park may not be transferred to the Trust under Division 6.
(7) The regulations may provide that a reference in any provision of the National Parks and Wildlife Act 1974, or the regulations under that Act, to the Chief Executive, a person employed in the Office of Environment and Heritage or a ranger, in connection with the application of the provision to the Western Sydney Regional Park, is taken to be or include a reference to the Trust, a member of staff of the Trust or a ranger appointed under section 47 of this Act.
(8) In this section, the Chief Executive means the Chief Executive of the Office of Environment and Heritage.
s 31: Am 2015 No 58, Sch 3.96 [7] [8].
32
Application of other laws
32 Application of other laws
32 Application of other laws
This Division does not authorise the use or development of any part of the Parklands in contravention of a provision of any other Act or law.
Division 6
Transfer of land to Trust
Division 6 Transfer of land to Trust
Division 6 Transfer of land to Trust
33
Definitions
33 Definitions
33 Definitions
In this Division—
transfer date means—
(a) in relation to land described in an item of Schedule 3 on the enactment of this Act—the date of commencement of that item, or
(b) in relation to land included in Schedule 3 by order under section 35—the date of publication of the order on the NSW legislation website or a later date specified in the order in respect of the land, or
(c) in relation to land included in Schedule 3 by an amendment made by an Act—the date on which the amendment takes effect.
transferor, in relation to land, means the person or body in whom or which the land was vested immediately before the transfer date.
s 33: Am 2009 No 56, Sch 4.82 [1].
34
Transfer of land described in Schedule 3 to Trust
34 Transfer of land described in Schedule 3 to Trust
34 Transfer of land described in Schedule 3 to Trust
(1) On the transfer date relating to land described in Schedule 3, the land vests in the Trust for an estate in fee simple—
(a) without the need for any further conveyance, transfer, assignment or assurance, and
(b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date.
(2) On the transfer date relating to land described in Schedule 3, the following provisions have effect—
(a) the rights or liabilities of the transferor in relation to the land become by virtue of this section the rights or liabilities of the Trust,
(b) all proceedings relating to the land commenced before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before the transfer date are taken to be proceedings pending by or against the Trust,
(c) any act, matter or thing done or omitted to be done in relation to the land before the transfer date by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Trust,
(d) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to that land or those rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the Trust.
(3) Regulations may be made for or with respect to the conversion of references to the transferor in any document or class of document to references to the Trust as a consequence of any transfer of land under this Division.
35
Transfer of additional land to Trust—amendment of Schedule 3
35 Transfer of additional land to Trust—amendment of Schedule 3
35 Transfer of additional land to Trust—amendment of Schedule 3
(1) The Governor may, by order published on the NSW legislation website, amend Schedule 3 by inserting the description of any land.
(2) Land is authorised to be included in Schedule 3 by order under this section only if—
(a) it is land of a government agency (including vacant Crown land), and
(b) the appropriate consent has been obtained to the land being included in the order.
(3) For the purposes of subsection (2), the appropriate consent is—
(a) where the government agency concerned is not a local authority—the consent of the Minister responsible for the government agency, or
(b) where the government agency concerned is a local authority—the consent of the local authority.
(4) Subject to section 34(1)(b), this section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, or vacant Crown land, from being transferred by order under this section even if the land is subject to other interests.
(5) Subject to the other provisions of this section, land may be transferred by order under this section despite any requirement of any other Act or law that relates to dealing with or disposing of the land.
s 35: Am 2009 No 56, Sch 4.82 [2].
36
Effect of transfer of land under this Division
36 Effect of transfer of land under this Division
36 Effect of transfer of land under this Division
(1) No compensation is payable to any person or body in connection with the operation of this Division.
(2) The operation of this Division is not to be regarded—
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(3) The operation of this Division is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to the Trust by a lessee from a transferor is required.
Administration of certain existing leases and similar interests
37 Administration of certain existing leases and similar interests
37 Administration of certain existing leases and similar interests
(1) In this section, existing interest means—
(a) a lease, licence, permit, authority, authorisation or occupancy in respect of land referred to in Schedule 3 under the National Parks and Wildlife Act 1974 or the Crown Land Management Act 2016 (or rights or interests arising under an incomplete purchase within the meaning of the Crown Land Management Act 2016 if the land was formerly under a perpetual lease, special lease or term lease of the kind referred to in Schedule 1 to that Act), and
(b) was current and in force immediately before the transfer date.
(2) Despite any other provision of this Part, the administration of matters relating to existing interests is vested in the Trust and for that purpose the Trust has—
(a) in respect of existing interests under the National Parks and Wildlife Act 1974—the powers of the Minister administering that Act or the Chief Executive of the Office of Environment and Heritage, and
(b) in respect of existing interests under the Crown Land Management Act 2016—the powers of the Minister administering that Act.
(c) (Repealed)
s 37: Am 2015 No 58, Sch 3.96 [7]; 2017 No 17, Sch 2.21 [4] [5].
38
State taxes not chargeable
38 State taxes not chargeable
38 State taxes not chargeable
State tax is not chargeable in respect of—
(a) a transfer of land under this Division, or
(b) anything certified by the Minister as having been done in consequence of such a transfer.
Part 5
Finance
Part 5 Finance
Part 5 Finance
39
Western Sydney Parklands Fund
39 Western Sydney Parklands Fund
39 Western Sydney Parklands Fund
(1) There is to be established in the Special Deposits Account a Western Sydney Parklands Fund into which is to be paid—
(a) all money advanced to the Trust by the Treasurer or appropriated by Parliament for the purposes of the Trust, and
(b) all money directed or authorised to be paid into the Fund by or under this or any other Act, and
(c) the proceeds of the investment of money in the Fund, and
(d) all money received by the Trust from any other source.
(2) The Fund is to be applied for the purpose of enabling the Trust to exercise its functions, either itself or by other means authorised by section 11 or 13.
(3) All expenditure incurred by the Trust is to be paid from the Fund.
(4) Despite any provision of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979, payments may be made out of the Fund established under section 94EJ of that Act into the Fund established under this section.
40
Payments to Sydney Region Development Fund
40 Payments to Sydney Region Development Fund
40 Payments to Sydney Region Development Fund
Despite section 39, the Trust is to pay into the Sydney Region Development Fund such amounts, as the Minister directs, that the Trust receives from leasing and other aspects of its operations.
s 40: Am 2007 No 82, Sch 2.26.
41
Financial year
41 Financial year
41 Financial year
(1) The financial year of the Trust is the year commencing on 1 July.
(2) However, the financial year of the Trust is to be the annual reporting period (if any) for the Trust if the Treasurer has made a determination under section 2.10 of the Government Sector Finance Act 2018 for that period to be different from the period referred to in subsection (1).
s 41: Am 2018 No 70, Sch 4.120.
42
Investment of money in Fund
42 Investment of money in Fund
42 Investment of money in Fund
The Trust may invest money in the Fund—
(a) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Trust is permitted to invest money under that Part, or
(b) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
s 42: Subst 2018 No 70, Sch 3.70 [2].
Part 5A
Enforcement and legal proceedings
Part 5A Enforcement and legal proceedings
Part 5A Enforcement and legal proceedings
pt 5A: Ins 2022 No 9, Sch 5.5[10].
42A
Rangers
42A Rangers
42A Rangers
(1) The Trust may appoint a person employed in the Public Service, or a person of a class prescribed by the regulations, to be a ranger for the purposes of this Act.
(2) A ranger may exercise such functions as are conferred on a ranger by this Act or the regulations.
(3) The Trust is to provide each ranger with an identification card.
(4) An identification card is a card that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Chief Executive.
(5) In the course of exercising the functions of a ranger under this Act, the ranger must, if requested to do so by a person affected by the exercise of any such function, produce the ranger’s identification card to the person.
s 42A (previously s 47): Renumbered 2022 No 9, Sch 5.5[12].
42B
Requirement to state name and address
42B Requirement to state name and address
42B 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 trust land 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.
s 42B: Ins 2022 No 9, Sch 5.5[10].
42BA
Requirement for owner of vehicle and others to give information
42BA Requirement for owner of vehicle and others to give information
42BA 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 having 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.
s 42BA: Ins 2022 No 9, Sch 5.5[10].
42C
Liability of vehicle owner for certain offences
42C Liability of vehicle owner for certain offences
42C 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 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 42D.
prescribed officer means the prescribed officer referred to in a penalty notice.
s 42C: Ins 2022 No 9, Sch 5.5[10].
42D
Penalty notices
42D Penalty notices
42D Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the ranger that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against 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 (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
s 42D (previously s 48): Renumbered 2022 No 9, Sch 5.5[12].
42E
Offences by corporations
42E Offences by corporations
42E 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 42BA(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.
s 42E: Ins 2022 No 9, Sch 5.5[10].
42F
Proceedings for offences
42F Proceedings for offences
42F Proceedings for offences
Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.
s 42F: Ins 2022 No 9, Sch 5.5[10].
42G
Proof of certain matters not required
42G Proof of certain matters not required
42G 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,
(b) a resolution of the Trust,
(c) the appointment of, or the holding of office by, a trustee,
(d) the presence of a quorum at a meeting of the Trust.
s 42G: Ins 2022 No 9, Sch 5.5[10].
42H
Recovery of fees, charges or other monies
42H Recovery of fees, charges or other monies
42H 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.
s 42H: Ins 2022 No 9, Sch 5.5[10].
42I
Compensation for loss of damage to Trust property
42I Compensation for loss of damage to Trust property
42I Compensation for loss of 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 trust lands 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.
s 42I: Ins 2022 No 9, Sch 5.5[10].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
43
Resolution of disputes
43 Resolution of disputes
43 Resolution of disputes
(1) Any dispute arising under this Act between a Minister administering a government agency and the Minister administering this Act or the Trust may be resolved by the Premier.
(2) A Minister, government agency or the Trust must comply with any direction arising out of the resolution of a dispute under this section.
44
Exclusion of personal liability
44 Exclusion of personal liability
44 Exclusion of personal liability
Anything done or omitted to be done by—
(a) the Chief Executive or a person acting under the direction of the Chief Executive, or
(b) a member of the Board or a person acting under the direction of the Board or a member of the Board, or
(c) a committee established by the Trust or the Board, a member of such a committee or a person acting under the direction of any such committee or member of a committee,
does not subject the Chief Executive, member of the Board or of the committee, or person so acting, personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of executing this Act.
45
Seal of Trust
45 Seal of Trust
45 Seal of Trust
The seal of the Trust is to be kept by the Chief Executive, or by a member of staff of the Trust authorised in that behalf by the Chief Executive, and may be fixed to a document only—
(a) in the presence of the Chief Executive or that member of staff, and
(b) with an attestation by the signature of the Chief Executive or that member of staff of the fact of the fixing of the seal.
46
46
46 (Repealed)
47
47
47
Renumbered as sec 42A
s 47: Am 2015 No 58, Sch 3.96 [9]. Renumbered as sec 42A, 2022 No 9, Sch 5.5[12].
48
48
48
Renumbered as sec 42D
s 48: Subst 2017 No 22, Sch 3.85. Am 2022 No 9, Sch 5.5[13]. Renumbered as sec 42D, 2022 No 9, Sch 5.5[14].
49
Nature of proceedings for offences
49 Nature of proceedings for offences
49 Nature of proceedings for offences
Proceedings for an offence against the regulations may be dealt with summarily before the Local Court.
s 49: Am 2007 No 94, Sch 2.
50
Regulations
50 Regulations
50 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to 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,
(c) regulating the use of facilities of the Trust and the provision of services by the Trust,
(d) requiring the payment of fares or other charges for the use of any 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 fares or other charges for the use of any facility operated or service provided under the lease, licence or other authority,
(f) conferring on the Trust any function that may be exercised by a council in relation to a public place.
(3) The regulations may create an offence punishable by a maximum penalty of 50 penalty units.
51
Savings, transitional and other provisions
51 Savings, transitional and other provisions
51 Savings, transitional and other provisions
Schedule 4 has effect.
52
52
52 (Repealed)
53
Review of Act
53 Review of Act
53 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) 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 5 years.
Folio AC5278-149, Lot 6, Section 1, DP 2954, Fairfield
420
420
420
Folio VF12004-176, Lot 7, Section 1, DP 2954, Fairfield
421
421
421
Folio AC2375-29, Lot 9, Section 1, DP 2954, Fairfield
422
422
422
Folio AC2375-29, Lot 10, Section 1, DP 2954, Fairfield
423
423
423
Folio VF12004-176, Lot 80, DP 812293, Fairfield
424
424
424
Folio 11/586076, Lot 11, DP 586076, Liverpool
425
425
425
Lot 2, DP 559158, Doonside
426
426
426
Lot 3C, DP 436196, Eastern Creek
427
427
427
Lot 1, DP 723214, Eastern Creek
428
428
428
Lot 102, DP 8995, Rooty Hill
429
429
429
Lot 103, DP 8995, Rooty Hill
430
430
430
Lot 1, DP 1137162, Glendenning
431
431
431
Lot 3, DP 31130, Eastern Creek
432
432
432
Lot 5, DP 31130, Eastern Creek
433
433
433
Lot 52B, DP 375412, Horsley Park
434
434
434
Lot 111, DP 526698, West Hoxton
435
435
435
Lot 2, DP 733361, Hoxton Park
436
436
436
Lot 1, DP 1079897, Eastern Creek
437
437
437
Lot 4, DP 31130, Eastern Creek
438
438
438
Lot 215, DP 1111381, Middleton Grange
439
439
439
Lot 112, DP 526698, West Hoxton
440
440
440
Lot 232, DP 2475, West Hoxton
441
441
441
Lot 233, DP 2475, West Hoxton
442
442
442
Lot 234, DP 2475, West Hoxton
443
443
443
Lot 235, DP 2475, West Hoxton
444
444
444
Lot 236, DP 2475, West Hoxton
445
445
445
Lot 237, DP 2475, West Hoxton
446
446
446
Lot 277, DP 2475, West Hoxton
447
447
447
Lot 278, DP 2475, West Hoxton
448
448
448
Lot 279, DP 2475, West Hoxton
449
449
449
Lot 280, DP 2475, West Hoxton
450
450
450
Lot 281, DP 2475, West Hoxton
451
451
451
Lot 282, DP 2475, West Hoxton
452
452
452
Lot 69, DP 752019, West Hoxton
453
453
453
Lot 1, DP 126246, Doonside
454
454
454
Lot 1, DP 126247, Doonside
455
455
455
Lot 10, DP 879209, Wetherill Park
456
456
456
Lot 50, DP 1003764, Glendenning
457
457
457
Lot 43, DP 16868, Doonside
458
458
458
Lot 52, DP 1184343, Bungarribee
459
459
459
Lot 1433, DP 1151185, Bungarribee
460
460
460
Lot 50, DP 1135635, Eastern Creek
461
461
461
Lot 51, DP 1135635, Eastern Creek
462
462
462
Lot 52, DP 1135635, Eastern Creek
463
463
463
Lot 26A, DP 387529, Cecil Park
464
464
464
Lot 2, DP 328617, West Hoxton
465
465
465
Lot 773, DP 2475, West Hoxton
466
466
466
Lot 67A, DP 17288, Horsley Park
467
467
467
Lot C, DP 409304, West Hoxton
468
468
468
Lot 1, DP 553279, West Hoxton
469
469
469
Lot 2, DP 553279, West Hoxton
470
470
470
Lot 1025, DP 2475, West Hoxton
471
471
471
Lot 5996, DP 1185869, Bungarribee
472
472
472
Lot 331, DP 1153548, Horsley Park
473
473
473
Lot 345, DP 2475, West Hoxton
474
474
474
Lot 1, Section 6, DP 975655, Prospect
475
475
475
Lot 2, Section 6, DP 975655, Prospect
476
476
476
Lot 1, DP 1208858, Bungarribee
477
477
477
Lot 213, DP 1111381, Middleton Grange
478
478
478
Lot 217, DP 1111381, Middleton Grange
479
479
479
Lot 1, DP 1222339, Cecil Park
480
480
480
Lot 822, DP 1198361, Middleton Grange
481
481
481
Lot B, DP 409304, West Hoxton
482
482
482
Lot 13, DP 733073, Doonside
483
483
483
Lot 12, DP 733073, Doonside
484
484
484
Lot 46, DP 13961, Horsley Park
485
485
485
Lot 13, DP 1021940, Cecil Park
486
486
486
Lot 200, DP 1220359, Abbotsbury
487
487
487
Lot 101, DP 1042859, Prospect
488
488
488
Lot 102, DP 1042861, Prospect
489
489
489
Lot 103, DP 1042861, Prospect
490
490
490
Lot 98, DP 13905, Horsley Park
491
491
491
Lot 99, DP 13905, Horsley Park
492
492
492
Lot B, DP 369700, Horsley Park
493
493
493
Lot 11, DP 1218046, Leppington
494
494
494
Lot 12, DP 1218046, Leppington
495
495
495
Lot 100, DP 872728, Prospect
496
496
496
Lot 44, DP 13961, Horsley Park
497
497
497
Lot B, DP 359685, West Hoxton
498
498
498
Lot 10, DP 615085, Mulgoa
499
499
499
Lot 11, DP 615085, Mulgoa
500
500
500
Lot 2, DP 541825, Mulgoa
501
501
501
Lot 1, DP 570484, Mulgoa
502
502
502
Lot 6, DP 173159, Mulgoa
503
503
503
Lot 100, DP 717549, Mulgoa
504
504
504
Lot 2, DP 241971, Mulgoa
Schedule 4
Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions
(Section 51)
sch 4: Am 2009 No 106, Sch 3.45; 2020 No 30, Sch 1.50[6].
Schedule 5
Schedule 5
Schedule 5 (Repealed)
sch 5: Am 2007 No 27, Sch 2.60. Rep 2008 No 114, Sch 4.
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 Western Sydney Parklands Act 2006.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the Greater Sydney Parklands Trust Act 2022.
authorised officer means—
(a) a ranger, or
(b) a police officer.
Board means the Board of the Trust established under section 7.
Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Western Sydney Parklands Trust.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Fund means the Western Sydney Parklands Fund established under section 38.
government agency means any of the following—
(a) a public authority constituted by or under an Act,
(b) a NSW Government agency,
(c) a Public Service agency within the meaning of the Government Sector Employment Act 2013,
(d) a local authority,
but does not include the Trust, a State owned corporation or any person or body exempted by the regulations from this definition.
Greater Sydney Parklands Trust has the same meaning as in the Greater Sydney Parklands Trust Act 2022.
land of a government agency means land vested in or owned by the government agency or land vested in or owned by the Crown or Her Majesty and controlled by the government agency (including vacant Crown land).
local authority means a council, county council or joint organisation within the meaning of the .
Circumscribes dealing with Trust land: the Trust may sell, lease or otherwise deal with Trust land (s 16(1)), but with specific constraints within the Parklands , the Trust may not sell, exchange or otherwise dispose of Trust land within the Parklands except as provided (s 16(2)), and may not grant a long‑term lease or licence within the Parklands except with the Minister’s consent (s 16(3)). The Act defines long‑term leases/licences as those whose term plus any option exceeds 25 years (s 16(7)). Separately, an open tender requirement applies to any lease, or licence of 10 years or more (s 12A).
Enables the Trust to enter into management agreements with government agencies (s 13), and to exercise functions through private subsidiary corporations, partnerships and joint ventures (ss 11, 21). Formation or acquisition of a private subsidiary requires Ministerial approval in certain cases (s 21(3)).
Establishes the Western Sydney Parklands Fund in the Special Deposits Account, into which appropriations, Trust receipts and investment proceeds are paid and from which Trust expenditure is met (s 39). The Trust must, as directed by the Minister, pay certain amounts from leasing and operations into the Sydney Region Development Fund (s 40).
Confers land acquisition powers (agreement or compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991) (s 15), and contains statutory mechanisms for dedication of Trust land to the Crown or declaration of roads (s 18-19).
Provides regulatory and enforcement tools: appointment of rangers and authorised officers (s 42A; defined in s 3), powers to require name and address and to obtain information identifying drivers/vehicles (ss 42B, 42BA), owner liability for vehicle offences with nomination defences (s 42C), issuance of penalty notices under the Fines Act for offences prescribed by regulation (s 42D), rules for corporate liability (s 42E), and summary proceedings in the Local Court for offences under the Act or regulations (s 42F; s 49). The Act permits recovery of fees or debt as money due to the Crown (s 42H) and allows courts to order compensation to the Trust for loss or damage arising from offences (s 42I).
Enables the Minister to give directions (s 6) and to require outsourcing of Trust services or activities (s 14). The Act also provides dispute resolution by the Premier between Ministers or a Minister and the Trust (s 43).
Authorises regulations that may create offences (s 50) and prescribes specific procedural and savings provisions for transfers and transitional matters (Schedule 4).
The Act therefore sets a governance and operational architecture that blends statutory prescriptions (functions, land vesting, planning, consultation), Ministerial control (approval, direction, consent for strategic disposals and subsidiaries), finance arrangements (dedicated Fund; directed payments), and an on‑site compliance regime (rangers, penalty notices, vehicle owner liability). The Act cross‑references multiple other statutes for specific interactions, for example the National Parks and Wildlife Act 1974, the Crown Land Management Act 2016, the Roads Act 1993, and the Government Sector Finance Act 2018; those interactions change legal effects for particular parcels, management functions and financial governance (see Parts 4, 5 and relevant provisions).
Main concepts
This Act organises several core legal concepts that structure operation of the Parklands and the Trust’s powers. The Act itself defines many of these in s 3; others follow from the functional and procedural provisions.
Trust and Board
Trust: a statutory corporation constituted by s 4 and declared a NSW Government agency (s 5). The Trust exercises property, planning and operational functions over Parklands and other land where authorised (s 12(6)). The Trust is subject to Ministerial control and direction in exercise of its functions (s 6).
Board and Chief Executive: governance is by a Board (s 7), populated by the Chief Executive and appointed members of the Greater Sydney Parklands Trust’s Board (s 7(2)). The Chief Executive is the Trust’s day‑to‑day manager, subject to Board direction (s 8). Schedule 1 governs appointment terms, disclosure of pecuniary interests and meeting procedure.
Parklands, Trust land, plans and precincts
Parklands: the Western Sydney Parklands comprises the land described in Schedule 2 and shown on the deposited map(s) (s 22). Land only forms part of the Parklands if it is Trust land or land of a government agency (s 22(5)).
Trust land: land vested in or owned by the Trust (definition in s 3).
Plan of management and precinct plans: the Trust must have an approved plan of management for each park and give effect to it (s 23). Plans govern land use, development, activities and management (s 23(2)). The Act contemplates division of the Parklands into precincts and precinct plans (s 3 definition of precinct; pt 4 Div 3). The Trust must consult government agencies and others as required by the approved consultation and engagement framework when preparing plans (s 23(3)), and review approved plans at least every seven years (s 23(5)).
Property and dealing concepts
Deals, leases and licences: the Trust may sell, lease, exchange or otherwise deal with Trust land generally (s 16(1)), but with important limits for Trust land within the Parklands , no sale/exchange/disposal except as provided by s 18, and long‑term leases or licences (term+options >25 years) require Ministerial consent (s 16(2)-(3), s 16(7)). The Act adds an open tender requirement for leases or licences with a term of 10 years or more (s 12A).
Transfers under Division 6: Schedule 3 lists land to be transferred to the Trust; on the transfer date, the land vests in the Trust for an estate in fee simple without further conveyance and subjects the Trust to the transferor’s pre‑existing trusts, estates and liabilities (s 34).
Financial concepts
Western Sydney Parklands Fund: established in the Special Deposits Account for Trust receipts, investment proceeds and appropriations and applied to enable the Trust to exercise its functions (s 39). The Trust must pay amounts from leasing and operations into the Sydney Region Development Fund as directed by the Minister (s 40). The Trust may invest Fund money in accordance with the Government Sector Finance Act 2018 where applicable, or with Ministerial/Treasurer concurrence if not a GSF agency (s 42).
Delegation, outsourcing and subsidiaries
Delegation: the Trust may delegate functions to authorised persons (s 10) , authorised persons include Board members, Trust staff, government agencies or prescribed classes (s 10(3)). Sub‑delegation may occur if authorised in writing by the Trust.
Outsourcing: the Minister may direct the Trust to arrange for services or activities to be performed by persons other than staff (s 14).
Private subsidiary corporations: the Trust may form, hold interests in, and dispose of private corporations, subject to Ministerial approval in certain circumstances (s 21(2)-(3)); private subsidiary corporations are not NSW Government agencies (s 21(4)).
Enforcement and regulatory regime
Authorised officers and rangers: authorised officers are rangers or police officers (s 3). The Trust may appoint rangers and must provide identification cards; rangers may exercise functions conferred on them by the Act or regulations (s 42A).
Compliance powers: authorised officers may require names/addresses (s 42B), require vehicle owners or others to identify alleged drivers (s 42BA), and issue penalty notices for prescribed offences (s 42D). Owner liability for vehicle offences is provided, with prescribed nomination and defences (s 42C). The regulations may prescribe penalty notice offences and amounts; the Fines Act applies to penalty notices (s 42D(2)-(3)).
Offences and proceedings: offences may be created by regulation (s 50(2)-(3)); proceedings for offences may be dealt with summarily in the Local Court (s 42F; s 49). Corporate parties can be liable through director/manager authorisation rules (s 42E).
Interactions with other statutes
The Act works alongside and invokes various other NSW statutes: the Greater Sydney Parklands Trust Act 2022 for consultation framework and plan approval (s 3; s 23), the Land Acquisition (Just Terms Compensation) Act 1991 and Public Works Act 1912 for acquisitions (s 15), the Crown Land Management Act 2016 and Roads Act 1993 in relation to dedication and roads (s 18), the National Parks and Wildlife Act 1974 where the Trust has care, control and management of the Western Sydney Regional Park (s 31), and financial/administrative statutes such as the Government Sector Finance Act 2018 (s 42). The Act also references the Fines Act 1996 for penalty notice procedure (s 42D).
Together these concepts allocate the Trust responsibility and authority over a large consolidated parkland estate, while preserving Ministerial oversight, enabling commercial transactions and revenue generation within defined constraints, provisioning for planning and consultation, and equipping on‑ground enforcement personnel with summary compliance tools.
Who it affects
The Act creates specific duties and powers that directly affect several discrete groups. The statutory language identifies who pays, who decides, who performs and who is subject to enforcement.
Primary public bodies and officeholders
The Trust and its Board and Chief Executive: the Trust is the central institutional actor created by s 4. The Chief Executive (s 3 definition; s 8) is responsible for day‑to‑day management; the Board sets policy and provides governance (s 7; Schedule 1). Appointed Board members, their appointment terms, removal, remuneration and pecuniary interest rules are governed by Schedule 1.
The Minister and other Ministers: the Minister administering this Act has supervisory powers , the Trust is subject to Ministerial control and direction (s 6). The Minister also gives approvals or consents required by the Act for specific transactions (for example, Ministerial consent for long‑term leases or licences within the Parklands s 16(3)-(5); consent for biodiversity/carbon dealings s 17(1)-(2)). Disputes between Ministers and the Trust or other Ministers may be resolved by the Premier, and any direction arising from such resolution must be complied with (s 43).
Government agencies and local authorities
Government agencies that own or manage land within precincts: the Act contemplates agreements between the Trust and government agencies for the Trust to manage government agency land, or vice versa (s 13). Agencies that own land comprising part of the Parklands must consult with the Minister administering this Act (or the local authority must consult) before selling, leasing or otherwise disposing of that land, except for shorter leases/licenses (≤25 years together with options) (s 30(4)-(5)).
The Greater Sydney Parklands Trust: plays a role in plan approval under the Greater Sydney Parklands Trust Act 2022. Section 23 requires the Trust to give proposed plans of management to the Greater Sydney Parklands Trust for submission to the Minister for approval (s 23(4)).
Existing leaseholders, licencees and tenants
Persons holding existing interests in land transferred into the Trust by Schedule 3: the Act transfers administration to the Trust and vests powers to administer existing interests previously exercised by Ministers or the Chief Executive under the National Parks and Wildlife Act 1974 or Crown Land Management Act 2016 (s 37). The Act provides that those existing interests remain and that related proceedings pending immediately before the transfer date are taken to be proceedings pending by or against the Trust (s 34(2)(b)). The Act also states that transfer under the Division does not give rise to compensation (s 36(1)) and is not to be regarded as a breach of contract or an event of default (s 36(2)-(3)).
Private sector participants
Lessees and licensees (including commercial and retail operators): seeking a lease or a licence over Parklands land must navigate open tender rules for leases/licences of specified lengths (s 12A), potential Ministerial consent requirements for long‑term arrangements within the Parklands (s 16(3)-(5)), and regulatory powers to set fees and charges under the regulations (s 50(2)(a), (d)-(e)). The Trust is empowered to enter commercial arrangements to support Parklands viability, including forming private corporations or private subsidiary corporations under controls (ss 11, 21).
Private subsidiary corporations: can be formed by the Trust (s 21), but formation of a private subsidiary corporation (or acquiring an interest that results in such a corporation) may require Ministerial approval (s 21(3)). The Act explicitly states private subsidiary corporations are not NSW Government agencies (s 21(4)).
Visitors, users and vehicle owners
General public and Parklands visitors: the Act authorises regulation of public conduct, use of the Parklands, facility use and collection of fares or charges (s 50(2)(b)-(f)). The Trust must comply with the approved consultation and engagement framework when engaging the community, visitors and stakeholders (s 25).
Drivers and vehicle owners on Trust land: authorised officers may require a driver to produce a driver licence and state name and address (s 42B(2)). If a vehicle offence is alleged, authorised officers may require the owner or person with custody to give information about the driver (s 42BA). A vehicle owner may be treated as the offender for vehicle offences (s 42C) but has specified defences including proving the vehicle was stolen, giving a nomination notice in prescribed timeframes or satisfying the court the owner cannot have ascertained the driver’s identity (s 42C(3)).
Rangers, authorised officers and enforcement staff
Rangers and police appointed/acting as authorised officers: the Act defines authorised officers as rangers or police officers (s 3). The Trust may appoint rangers (s 42A), who must carry identification cards (s 42A(3)-(5)). Rangers can issue penalty notices for prescribed offences and exercise functions conferred by law (s 42D; s 42A(2)). Authorised officers may require compliance with information requests and may issue penalty notices under the Fines Act (s 42D(3)).
Corporate directors and managers
Directors and managers of corporations: if a corporation commits an offence under the Act, a director or person concerned in management who knowingly authorised or permitted the act is taken to have committed the same offence (s 42E(2)). Proceedings may be brought against such persons regardless of whether proceedings are brought against the corporation (s 42E(4)).
Other stakeholders
Community trustee boards: where established for the Parklands, the Trust must consult with and have regard to their advice in performing functions in relation to the Parklands, particularly about plan development, services and local matters (s 24).
Those providing gifts, devises or bequests: the Trust may accept property by gift/devise/bequest and agree to conditions; duties such as stamp/duties exemptions and non-application of rule against remoteness of vesting are specified (s 20).
Taken together, the Act affects public sector managers and Ministers, local government and landholding agencies, existing landholders, prospective commercial operators, visitors and vehicle owners, Trust staff and rangers, private corporations and their directors. These actors face new administrative paths for planning, procurement and enforcement and specific statutory constraints when the land in question sits within the Parklands boundaries as described in Schedule 2 and Schedule 3.
Key duties and rights
This section synthesises the Act’s principal statutory duties imposed on the Trust and other actors and the statutory rights or authorities the Act confers. Citations to the Act are used to link duties/rights to the precise provisions.
Duties and statutory obligations
Trust’s principal function and ancillary duties: The Trust’s principal statutory duty is to develop the Parklands into a multi‑use urban parkland for Western Sydney and to maintain and improve the Parklands on an ongoing basis (s 12(1)). The Trust must also conserve, restore and enhance the natural environment and cultural/historical heritage, provide diverse recreational and tourist facilities, facilitate community health and educational use, encourage public access where appropriate, maintain rural character in parts, and undertake commercial, retail and transport activities to support viability (s 12(2)(a)-(j)). The Trust must have regard to principles of sustainable development, including ecologically sustainable development (s 12(5)).
Plan of management duties: The Trust must have an approved plan of management for each park and give effect to the approved plan (s 23(1)-(2)). In preparing a proposed plan, it must consult government agencies that manage Trust land and others required under the approved consultation and engagement framework (s 23(3)). The Trust must review the approved plan at least every seven years (s 23(5)). The Trust must give proposed plans to the Greater Sydney Parklands Trust for submission to the Minister for approval (s 23(4)).
Consultation duties: If a community trustee board exists for the Parklands, the Trust must consult with it and have regard to its advice and recommendations on development and review of plans, proposed facilities, and matters of local relevance (s 24). More broadly, the Trust must comply with the approved consultation and engagement framework when consulting with the community, visitors, trustee boards and stakeholders (s 25).
Land registry and dealing duties: The Trust must establish and maintain a register of all land that is Trust land or managed by the Trust (s 16(6)). The Trust may deal with Trust land generally (sell, lease, exchange) but faces specific limits for land within the Parklands: it may not sell, exchange or otherwise dispose of Trust land within the Parklands except as provided by s 18 (s 16(2)), and it may not grant a long‑term lease or licence within the Parklands without the Minister’s consent (s 16(3)). The Minister’s consent may be given subject to conditions and amended (s 16(5)).
Ministerial duties and directions: The Minister may give control and direction over the Trust in its functions (s 6). The Minister may direct the Trust to outsource services or activities (s 14). The Trust must comply with directions arising from dispute resolution by the Premier between Ministers and the Trust (s 43(2)).
Financial duties: The Trust must have a Western Sydney Parklands Fund into which receipts, appropriations and investment proceeds are to be paid and from which all Trust expenditure is to be met (s 39(1)-(3)). Despite this, the Trust must pay into the Sydney Region Development Fund such amounts as the Minister directs from leasing and other operations (s 40).
Statutory obligations related to existing interests and transfers: On transfer date, the rights and liabilities of the transferor in relation to transferred land become rights/ liabilities of the Trust, and pending proceedings continue by or against the Trust (s 34(2)(a)-(b)). The Act provides that no compensation is payable in connection with the transfer (s 36(1)), and that transfers are not to be regarded as breach of contract or an event of default (s 36(2)-(3)).
Rights, powers and discretions
Property powers: Subject to the Act’s constraints, the Trust may sell, lease, exchange, dispose of or otherwise deal with Trust land and grant easements or rights‑of‑way (s 16(1)). The Trust may dedicate land to the Crown for public purposes by Gazette notification (s 18(1)-(2)) and may declare elevated/subterranean structures continuous with a road to be a public road (s 18(4)).
Acquisition powers: The Trust may acquire land by agreement or by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (s 15(1)). Acquisitions under the Act are treated as authorised works under the Public Works Act 1912, with the Trust treated as the Constructing Authority (s 15(2)), and certain sections of the Public Works Act do not apply to works under this Act (s 15(3)).
Commercial and subsidiary powers: The Trust may exercise its functions directly or via private subsidiary corporations, partnerships or joint ventures (ss 11, 21(2)). It may form or acquire interests in private corporations (s 21(2)) but needs Ministerial approval to form or acquire control of a private subsidiary corporation (s 21(3)). The Trust may undertake commercial activities, merchandising and sale of expertise to raise funds (s 12(3)).
Delegation and sub‑delegation: The Trust may delegate functions (other than the power of delegation) to authorised persons (s 10). Delegates may sub‑delegate if authorised by the Trust in writing (s 10(2)).
Planning and management rights: The Trust prepares precinct plans and gives effect to approved plans of management (s 23). It may use parts of Trust land for cemeteries or crematoria in accordance with a precinct plan, with certain exclusions such as Fernhill Estate (s 29).
Enforcement powers: The Trust may appoint rangers who can exercise functions under the Act and regulations (s 42A). Authorised officers may require names and addresses, demand driver licences, obtain information about drivers, issue penalty notices for prescribed offences and commence summary proceedings (ss 42B, 42BA, 42D, 42F). The Trust has statutory mechanisms to recover fees and charges as debt due to the Crown (s 42H).
Procedural constraints and oversight
Open tender and Ministerial consent regimes create procedural checks on disposals and longer leases: s 12A requires open tender for leases and licences of 10 years or more; s 16(3) requires Ministerial consent for long‑term dealings in Parklands land (as defined at s 16(7)). The Minister’s consent for disposal may be subject to conditions and may be amended (s 16(5)).
Interdepartmental obligations: Government agencies with land in precincts must, as far as possible, manage, use and develop the land in accordance with precinct plans and may exercise Trust functions to the extent necessary to comply (s 30(2)). Certain disposals by agencies require consultation with the Minister administering this Act (s 30(4)).
Recordkeeping and conflict of interest duties
Schedule 1 (clause 8) imposes duties on Board members to disclose pecuniary interests at Board meetings, record particulars in a book to be open for inspection, and refrain from deliberation or voting where conflicts arise.
These duties create a structure where the Trust has broad powers to manage, commercialise and plan the Parklands, but within a framework of Ministerial oversight, prescribed planning and consultation procedures, and enforceable regulatory powers for on‑site compliance.
Penalties and enforcement
The Act provides a layered enforcement framework combining on‑site regulatory powers, penalty notices, summary proceedings and court remedies. The Act frequently delegates the specification of particular offences and monetary amounts to the regulations and applies the Fines Act for penalty notice administration.
Authorised officers and rangers
Authorised officers: defined in s 3 as rangers or police officers. The Trust may appoint rangers from Public Service employees or prescribed classes (s 42A(1)). Rangers must carry identification cards (s 42A(3)-(4)) and are required to produce them on request (s 42A(5)).
Functions of rangers: rangers may exercise such functions as are conferred on them by the Act or regulations (s 42A(2)), giving them statutory authority to conduct compliance activity on Trust land.
Information powers and obedience offences
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 their full name and residential address (s 42B(1)). For drivers, the authorised officer may require production of a driver licence and state name and address (s 42B(2)). Failure to comply or providing false particulars is an offence, maximum penalty 10 penalty units (s 42B(3)). A prosecution requires evidence that the authorised officer warned the person that failure to comply is an offence (s 42B(4)).
Requirement for vehicle owner or others to give information: If a driver is alleged to have committed an offence, an authorised officer may require the vehicle owner or person having custody to immediately give information about the driver’s name and address, or another person to give information in the person’s power that may lead to identification (s 42BA(1)-(2)). Failure, without reasonable excuse, to comply is an offence (s 42BA(3)) carrying a maximum penalty of 10 penalty units. The Act provides a defence where the person did not know and could not with reasonable diligence have ascertained the driver’s identity (s 42BA(4)). Written statements produced in court are admissible as evidence of the driver’s identity where the named person does not appear (s 42BA(5)).
Vehicle owner liability
Owner treated as offender: Where the Act or regulations create an offence in relation to a vehicle, the person who is owner at the time of the offence is guilty as if the owner were the actual offender (s 42C(2)). Prescribed nomination and defences are available: satisfying the prescribed officer that the vehicle was stolen or otherwise illegally taken or providing an approved nomination notice within prescribed timeframes (usually 21 days) are among the defences (s 42C(3)). Approved nomination notice and statutory declaration procedures are provided with evidentiary consequences (s 42C(4)-(6)).
Penalty notices and summary procedure
Penalty notices: Authorised officers may issue penalty notices for penalty notice offences, defined as offences against the regulations prescribed as penalty notice offences (s 42D(1)-(2)). The Fines Act applies to penalty notices (s 42D(3)), and the amount payable is the amount prescribed in the regulations, not exceeding the maximum judicial penalty for the offence (s 42D(4)). The Act expressly preserves other enforcement provisions under any Act (s 42D(5)).
Summary proceedings: Proceedings for offences under the Act or its regulations may be dealt with summarily before the Local Court (s 42F; s 49).
Corporate liability and individual responsibility
Offences by corporations: If a corporation commits an offence, a director or person concerned in management is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission (s 42E(2)). Subsection (4) allows proceedings against such persons whether or not proceedings are brought against the corporation. Section 42E(3) excludes its operation for the offence in s 42BA(3).
Evidentiary and debt recovery tools
Proof presumptions: For proceedings under the Act, proof is not required, unless contrary evidence is given, of matters such as the Trust’s constitution, resolutions, appointments or quorum presence (s 42G). This facilitation eases the Trust’s evidentiary burden in enforcement proceedings.
Recovery as debt: Charges, fees or other money due to the Trust under the Act are recoverable by the Trust in a court of competent jurisdiction as a debt due to the Crown (s 42H). This provides a civil remedy separate from criminal penalties.
Compensation orders: If a person is convicted of an offence and the court is satisfied the offence caused loss or damage to Trust land/property, the court may order the person to pay compensation to the Trust for the loss/damage, whether or not a penalty is imposed (s 42I(1)-(3)). A sentencing order under the Crimes (Sentencing Procedure) Act 1999, s 10, is taken to be a conviction for the purposes of s 42I (s 42I(4)).
Regulatory design and delegations
Regulations can create offences and prescribe fines up to 50 penalty units (s 50(2)-(3)). The Act delegates detail to the regulations (for example, which regulatory offences are penalty notice offences, the amounts payable, and classes for ranger appointments) and binds the Fines Act for the administration of penalty notices (s 42D(3)).
Limitations and procedure
Prior warning requirement for s 42B prosecutions: a person is not guilty under s 42B unless the authorised officer warned the person that failure to comply is an offence (s 42B(4)). This procedural safeguard is a prescribed element of proof.
Taken together, the Act establishes a compliance regime intended to operate largely by on‑site enforcement (rangers/authorised officers), administrative penalty notices under the Fines Act and summary prosecution in the Local Court for more serious or contested matters, backed by civil recovery mechanisms for fees and compensation where loss/damage occurs.
How it interacts with other laws
The Act is explicitly designed to operate alongside multiple existing NSW statutes and to modify or import certain statutory functions from those statutes for the Parklands. Interaction is effected by cross‑references, transferred powers, and statutory conversions of functions in specified contexts.
Plan approval and consultation
Greater Sydney Parklands Trust Act 2022: The definition of approved consultation and engagement framework and the concept of approved plans of management are tied to the Greater Sydney Parklands Trust Act 2022 (s 3; s 23). The Trust prepares plans of management but must give proposed plans to the Greater Sydney Parklands Trust for submission to the Minister for approval (s 23(4)). This creates a statutory approval chain between the Trust’s preparation role and the Greater Sydney Parklands Trust/Minister’s approval role.
Land transfers, reservations and Crown land law
Crown Land Management Act 2016 and National Parks and Wildlife Act 1974: The Act allows Trust land to be surrendered to the Crown and dedicated for public purposes, invoking the Crown Land Management Act 2016 and Roads Act 1993 processes where applicable (s 18(1)-(2)). Section 36(5) expressly revokes reservation or dedication under the National Parks and Wildlife Act 1974 and Crown Land Management Act 2016 on inclusion of land in Schedule 3. The Act also vests in the Trust the powers to administer existing interests that were matters under the National Parks and Wildlife Act 1974 or Crown Land Management Act 2016 (s 37). This means that where land or interests are transferred, the Trust steps into the regulatory shoes previously occupied by the Minister or Chief Executive under those Acts (s 37(2)(a)-(b)).
Public works and land acquisition
Land Acquisition (Just Terms Compensation) Act 1991 and Public Works Act 1912: The Trust may acquire land by agreement or compulsory process under the Land Acquisition Act (s 15(1)). Acquisitions under the Act are "authorised works" for the purposes of the Public Works Act 1912, with the Trust taken to be the Constructing Authority (s 15(2)). The Act also specifies that certain sections of the Public Works Act (ss 34-37) do not apply to works constructed under this Act (s 15(3)), which narrows procedural obligations that would otherwise apply to public works.
Roads law
Roads Act 1993: Dedication and declaration as public roads are coordinated with the Roads Act (s 18(1) and s 18(2)(b)). Additionally, a road situated in the Parklands cannot be provided, opened, dedicated, closed or realigned by the Crown, public authority or any person except with the Trust’s consent (s 19(1)), though the substantive operation of the Roads Act is otherwise unaffected (s 19(2)).
Fines and enforcement frameworks
Fines Act 1996: The Fines Act applies to penalty notices issued under the Trust’s penalty notice power (s 42D(3)). The Act relies on the Fines Act for the operation of civil administrative enforcement via penalty notices, making the Fines Act the procedural vehicle for penalty notice collection and enforcement.
Corporations and government finance law
Corporations Act 2001: The Act borrows the Commonwealth definition of a private corporation and contemplates formation and interest acquisition in private corporations (s 21(1)). The Act then treats private subsidiary corporations as non‑NSW Government agencies (s 21(4)), which has implications for public sector governance and procurement rules.
Government Sector Finance Act 2018: Investment of Fund money is governed by the Government Sector Finance Act 2018 where the Trust is a GSF agency; if not, investment requires Minister and Treasurer concurrence (s 42). The financial administration is therefore anchored to state public sector financial rules.
National Parks and Wildlife Act 1974
Management of Western Sydney Regional Park: The Act transfers care, control and management of the Western Sydney Regional Park from the Chief Executive of the Office of Environment and Heritage to the Trust and vests in the Trust the Chief Executive’s functions in relation to regional parks that the Chief Executive had (s 31(2)). The Act also requires that money received for the Western Sydney Regional Park be paid into the Western Sydney Parklands Fund (s 31(3)). Regulatory references in the National Parks and Wildlife Act to the Chief Executive are to be read to include the Trust in its role for that Park (s 31(4)-(7)).
Other statutory interactions
Cemeteries and Crematoria Act 2013: Where the Trust uses Trust land for cemeteries or crematoria in accordance with a precinct plan, provisions of that Act apply to Trust land used for those purposes as if the Trust were a Crown cemetery operator, and with modifications by regulation (s 29(2)).
Duties Act 1997: The Act provides that the Duties Act does not apply to or in respect of gifts, devises or bequests made or to be made to the Trust (s 20(3)), altering the tax/duty outcome for donors.
Public sector employment law: The Schedule exempts appointed Board members from provisions of the Government Sector Employment Act 2013 relating to employment of Public Service employees (Schedule 1 cl 9(1)).
Transitional and conversion effects
Schedule 4 and the Division 6 transfer provisions (ss 34-37) govern transitional arrangements, demonstrate that existing proceedings and interests carry over to the Trust, and include provisions that transfers are not compensable and do not constitute defaults or breaches under contracts (s 36(1)-(4)). The Act therefore creates statutory certainty about the legal consequences of transfers and the continuity of administration.
Overall, the Act operates within a network of NSW statutes by transferring functions and assets, establishing the Trust’s finances in the Special Deposits Account, prescribing which external rules and Acts apply or are modified, and delegating several process‑level matters to the regulations. The Trust’s authorities and limits are framed in that statutory lattice; for any specific operational act (land dedication, sale, lease, development, enforcement), the interplay with the listed statutes will determine procedural steps, approval gates and financial flows.
Amendment history
The Act text includes explicit amendment annotations. The following timeline summarises amendments recorded in the provided text and indicates where key provisions have been inserted, repealed, renumbered or amended. Citations are to the amendment notes given in the Act text.
Original enactment and early amendments
Western Sydney Parklands Act 2006 is the original Act (s 1 states the Act name). The Schedule 3 land insertions and amendments across successive years are recorded in the Schedule 3 note (various years).
Amendments noted in the Act text
2007: s 40 was amended (note: s 40 Am 2007 No 82, Sch 2.26) to provide for payments to the Sydney Region Development Fund; s 49 amended (s 49 Am 2007 No 94, Sch 2).
2008: Section 52 repealed (s 52 Rep 2008 No 114, Sch 4). Schedule 5 repealed (sch 5 Rep 2008 No 114, Sch 4).
2009: s 7 amended (s 7 Am 2009 No 96, Sch 28); s 33 amended (s 33 Am 2009 No 56, Sch 4.82); Schedule 4 amended 2009 No 106, Sch 3.45.
2010-2015: Numerous Schedule 2 and Schedule 3 amendments and additions; s 3, s 7, s 8, s 12, s 37 carry amendment notes (e.g., s 3 Am 2015 No 58, Sch 3.96; s 12 Am 2015 No 58, Sch 3.96).
2015: s 9A was inserted (Ins 2015 No 58, Sch 3.96) and later repealed in 2022 (Rep 2022 No 9, Sch 5.5[5]). Section 37 had amendments in 2015 (s 37 Am 2015 No 58, Sch 3.96).
2017: Multiple amendments recorded: s 3, s 15, s 18 had amendment notes (s 18 Am 2017 No 17, Sch 2.21[1]; s 29 Am 2017 No 17, Sch 2.21[2]). Sections 46 and 48 were renumbered/substituted in 2017 and later.
Major 2018 and 2020 amendments
2018: s 21 amended by 2018 No 70, Sch 3.70[1] to add/clarify private subsidiary corporation provisions and cross‑references to the Government Sector Finance Act 2018 (s 21(5)). s 41 (financial year) was amended in 2018 (s 41 Am 2018 No 70, Sch 4.120).
2020: The Act records amendments in 2020 No 30, Sch 1.50 to various sections including s 3 and s 7 renumberings (s 3 Am 2020 No 30, Sch 1.50[2]; s 7 Am 2020 No 30, Sch 1.50[3][4]).
Significant 2022 reforms
2022 amendments are notable: Substantial insertions and substitutions were made under 2022 No 9, Sch 5.5. Key 2022 changes in the provided text include:
Substitution of Part 4 Divisions 2 and 3 with updated planning and consultation arrangements (pt 4, div 2 and 3 Subst 2022 No 9, Sch 5.5[7]).
Insertion of Part 5A (Enforcement and legal proceedings) including Div 1 (Authorised officers) and Div 2 (Offences), and renumbering functions: s 42A (rangers) and s 42D renumbering (s 42D previously s 48) (pt 5A Ins 2022 No 9, Sch 5.5[10]; s 42A Renumbered 2022 No 9, Sch 5.5[12]; s 42D Renumbered 2022 No 9, Sch 5.5[14]).
Insertion of s 12A (open tender requirement for leases and licences of 10 years or more) (s 12A Ins 2022 No 9, Sch 5.5[6]).
Repeal of s 9A (previously inserted in 2015) (s 9A Rep 2022 No 9, Sch 5.5[5]).
Other renumberings and substitutions: s 8 amended in 2022 (s 8 Am 2022 No 9, Sch 5.5[4]).
2022 amendments broadly added enforcement provisions (Part 5A), formalised consultation framework links to the Greater Sydney Parklands Trust Act 2022, and imposed open tender obligations for medium‑to‑long leases/licences.
Most recent amendment recorded
2024: Section 13 was amended in 2024 No 27, Sch 2.12 to clarify agreements for management of Trust land and other land.
Notes on amendment annotations
The amendment notes attached to many sections identify the amending Act by year and schedule (for example, "Am 2015 No 58, Sch 3.96[6]"). Where sections are renumbered, the Act notes it (for example, s 42A is noted as renumbered from s 47).
What the amendment history shows in the Act text
The Act has been iteratively adjusted to:
expand and refine governance and management interfaces with the Greater Sydney Parklands Trust and the approved consultation and engagement framework (2022 substitutions),
add a more detailed enforcement and on‑site compliance regime (2022 Part 5A insertions),
strengthen procurement transparency for longer leases/licences via an open tender requirement (s 12A, 2022),
provide express authorisations concerning private subsidiaries, financial governance and delegated powers (2018; 2020; 2024 updates),
and to periodically update the land schedules (Schedule 3) to transfer additional parcels into Trust ownership.
This amendment account is limited to the annotations present in the Act text provided. The Act as shown emphasizes significant reform in 2022 (enforcement, consultation and open tender rules) and ongoing schedule updates to consolidate Parklands land.
Litigation history
The Act text itself does not list or cite judicial decisions or a litigation history. No cases are named in the body of the Act or schedules provided. The statutory design, however, contains procedural and substantive features that affect litigation risk, channels and available remedies; the Act also creates statutory statements that narrow litigation pathways in specific contexts.
Statutory constraints on litigation and remedies
No compensation for transfers: Section 36(1) expressly states that no compensation is payable to any person or body in connection with the operation of Division 6 (land transfers). This provision reduces one class of litigation claim (claims for compensation arising solely from transfer under the Division). Section 36 further provides that operation of the Division is not to be regarded as a breach of contract or confidence, is not to be regarded as breach of contractual provisions prohibiting assignment/transfer, does not give rise to remedies or events of default, and requires no attornment by lessees (s 36(2)-(4)). These statutory declarations are designed to limit contractual and property‑based disputes arising from transfers.
Continuity of proceedings and administration: Section 34(2)(b) provides that proceedings in respect of transferred land pending immediately before transfer are taken to be proceedings pending by or against the Trust. This preserves procedural continuity and identifies the Trust as successor in interest for litigation purposes.
Administrative channels for disputes between Ministers/agencies and the Trust: Section 43 provides that disputes between a Minister administering a government agency and the Minister administering this Act or the Trust may be resolved by the Premier, and that parties must comply with any resultant direction. This creates an executive, not judicial, dispute resolution route for inter‑ministerial or agency disputes.
Enforcement and prosecutorial forums
Summary proceedings in Local Court: The Act specifies that proceedings for offences under the Act or regulations may be dealt with summarily before the Local Court (s 42F; s 49). Enforcement is therefore channelled primarily through the Local Court for criminal/regulatory breaches.
Evidentiary facilitation
Presumptions in legal proceedings: Section 42G provides that, unless evidence to the contrary is adduced, proof is not required of facts such as the Trust’s constitution, a Trust resolution, appointment of trustees or the presence of a quorum at a meeting. This reduces procedural burdens on the Trust in litigation.
Potential litigation vectors not foreclosed by the Act
Contractual and property disputes outside the transfer Division: While s 36 limits claims specifically arising from transfers under Division 6, other disputes (for example, claims arising from lease or licence terms, alleged statutory breaches in approvals, planning or environmental obligations under other Acts) could generate litigation. The Act, however, specifies that it does not authorise use or development of any Parklands part in contravention of any other Act or law (s 32), which preserves regulatory controls under other statutes and their enforcement channels.
Criminal and civil recovery: The Act provides for offences, penalty notices and Local Court proceedings (ss 42B-42F), and for civil recovery of fees as debt due to the Crown (s 42H) and court‑ordered compensation for loss or damage resulting from offences (s 42I). These measures create standard prosecutorial and civil enforcement paths.
Director/directorated liability: Section 42E provides for potential individual liability of directors and persons in management who knowingly authorised or permitted offending conduct by a corporation, enabling proceedings against responsible individuals as well as corporate entities.
Absence of named cases
The Act itself contains no judicial citations or references to case law and therefore provides no statutory litigation precedent or interpretive guidance from courts within the text. Any litigated issues will develop as courts interpret the Act’s provisions, particularly those concerning the transfer regime, Ministerial consent limits, the interplay with other Acts (for example, National Parks and Wildlife Act or Crown Land Management Act), and the enforcement powers afforded to rangers and authorised officers.
In short, while the Act contains express statutory limits intended to reduce certain kinds of litigation (notably compensation claims arising from scheduled transfers), it establishes enforcement channels and successor‑in‑interest mechanisms that will shape litigation practice for operation, planning, compliance and regulatory disputes in the Parklands context. The Act, as provided, does not list or summarise any judicial decisions.
Gotchas
This section flags statutory features that often produce operational or legal surprises for practitioners, owners, agencies and commercial participants. All points are grounded in the Act’s text and cite relevant sections.
No compensation for Schedule 3 transfers (s 36(1))
The Act explicitly states that no compensation is payable to any person or body in connection with the operation of Division 6 (s 36(1)). Practitioners should note that land listed in Schedule 3 vests in the Trust on the transfer date and that the statute disclaims compensation as a matter of legislative design. This is a statutory limitation on claims connected to these transfers and may affect contractual risk allocation and diligence for those whose interests are being transferred.
Transfers not to be treated as breach, default, or giving remedies (s 36(2)-(4))
The Act prescribes that transfers are not to be regarded as a breach of contract, an event of default, or as giving a remedy to a party to an instrument due solely to the change of beneficial or legal ownership (s 36(2)-(3)). This statutory insulation limits common contractual termination or remedy triggers tied to change of ownership; parties relying on such triggers need to check whether the transfer falls within Division 6.
Two different temporal thresholds for procurement/consent (ss 12A and 16(7))
The Act imposes an open tender requirement for any lease or licence of 10 years or more (s 12A). Separately, a long‑term lease or licence is defined as a lease/licence whose term plus any option exceeds 25 years, which requires Ministerial consent for grants within the Parklands (s 16(7) and s 16(3)). Practitioners must navigate both thresholds: a 10‑year threshold (procurement/open tender) and a 25‑year threshold (Ministerial consent for long‑term arrangements) operate simultaneously and independently for different legal consequences.
Ministerial discretion and policy criteria for consent to long‑term disposals (s 16(3)-(5))
The Minister may consent to long‑term leasing/licensing within the Parklands only where the Minister judges the purpose does not promote public use and where the consent would assist funding or generate revenue for the Sydney Region Development Fund, subject to the Minister being satisfied that retention of Trust control is not essential to ensure habitat corridors, access linkage, and continuity of the Parklands (s 16(4)). This embeds a specific test balancing revenue generation against conservation and access principles; obtaining consent may therefore require evidence showing the public purpose trade‑offs are acceptable.
Plan approval chain involves Greater Sydney Parklands Trust (s 23(4))
The Trust prepares proposed plans of management but must give those plans to the Greater Sydney Parklands Trust to submit to the Minister for approval (s 23(4)). Operational actors may assume the Trust can self‑approve plans; instead, there is a statutory submission/approval chain that can lengthen the approval timetable and introduces another institutional reviewer.
Outsourcing may be direction‑driven (s 14)
Section 14 requires the Trust to arrange for services/activities to be provided by persons other than staff in accordance with any Ministerial direction to do so. This provides an avenue for centralised policy direction to alter the Trust’s staffing and service delivery model, potentially affecting labour and procurement arrangements.
Existing interests administered by the Trust and continuation of proceedings (ss 34(2), 37)
On transfer date, rights and liabilities of the transferor become those of the Trust and pending proceedings are taken to be proceedings by/against the Trust (s 34(2)). Section 37 vests administration of existing interests (leases, licences, permits) in the Trust and gives it powers previously held by Ministers/Chief Executive under the National Parks and Wildlife Act and Crown Land Management Act. Practitioners should check whether existing authorisations are subject to different administrative rules now that the Trust administers them.
Owner liability for vehicle offences with tight nomination/defence timetables (s 42C)
Section 42C treats vehicle owners as the offender for vehicle‑related offences absent statutory defences or prescribed nomination. Discharge of liability often depends on providing an approved nomination notice within 21 days or proving theft/illegal use. This is a strict procedural regime that vehicle owners must act swiftly to engage with to avoid liability.
Penalty notices and Fines Act interplay (s 42D)
The Act delegates the definition of penalty notice offences and penalty amounts to the regulations (s 42D(2), s 42D(4)) and makes the Fines Act applicable (s 42D(3)). Practitioners and operators must check the regulations for the schedule of penalty notice offences and amounts; the Act’s enforcement design leverages the Fines Act’s administrative collection mechanisms.
Consultations and community trustee boards have statutory “have regard to” language (ss 24-25)
The Trust must consult community trustee boards and have regard to their advice (s 24). However, “have regard to” is not an absolute mandate to follow advice , it is a statutory consideration requirement. The Trust must also comply with the approved consultation and engagement framework when engaging stakeholders (s 25). The practical legal import is that consultation obligations are procedural and may have implications for judicial review if not followed, but the Act’s language prescribes the specific consultation parties and framework rather than creating an open‑ended duty.
Regulations may create offences up to 50 penalty units (s 50(3))
The Act allows regulations to create offences punishable by up to 50 penalty units (s 50(3)). The scope and scale of regulatory offences therefore hinge on the regulations , a key drafting and compliance risk area for operators and events organisers.
Financial flows and directed payments to Sydney Region Development Fund (ss 39-40)
While the Trust’s Fund receives appropriations and receipts (s 39), the Minister may direct payments from Trust leasing and operations into the Sydney Region Development Fund (s 40). This is an explicit statutory mechanism that reduces the Trust’s retained revenue and affects project finance assumptions.
Scope limits: land only forms part of Parklands if Trust land or land of a government agency (s 22(5))
Schedule 2 refers to maps and descriptions of the Parklands, but s 22(5) clarifies that land does not form part of the Parklands unless it is Trust land or land of a government agency. Parcels listed or depicted but not vested or controlled by Trust/government agency do not attain Parklands legal status , practitioners must check the land’s legal ownership or vesting, not only the map.
These are statutory features likely to generate operational and legal complexity. Each “gotcha” flows from explicit clauses in the Act; practitioners should read the cited sections carefully when structuring disposals, leases, planning approvals, transfer processes, enforcement actions and finance arrangements.
How to comply
This section sets out concrete, source‑grounded steps for the principal actors to comply with the Act’s requirements. The guidance is tied to the statute’s provisions and focuses on actions that implement statutory duties, avoid procedural pitfalls, and align with regulatory mechanisms set out in the Act.
For the Trust (governance and operational compliance)
Governance and Board compliance
Maintain Board composition as required: include the Chief Executive and the appointed members from the Greater Sydney Parklands Trust’s Board, with the Chairperson appointed as required (s 7). Follow Schedule 1 for appointment terms, re‑appointment eligibility, removal provisions and pecuniary interest disclosure obligations (Schedule 1 cl 2-7; cl 8). Keep the pecuniary interest register open for inspection on payment of the Board’s fee (Schedule 1 cl 8(3)).
Prepare and maintain plans of management
Prepare proposed plans of management for each park and ensure the plan addresses land use, development, activities and management (s 23(2)). Consult with government agencies that manage Trust land and others required under the approved consultation and engagement framework (s 23(3)). Once prepared, give the proposed plan to the Greater Sydney Parklands Trust for submission to the Minister for approval (s 23(4)). Review each approved plan at least every seven years (s 23(5)).
Consultation and engagement
Comply with the approved consultation and engagement framework when engaging the community, visitors, community trustee boards or stakeholders (s 25). Where a community trustee board exists, consult and have regard to the board’s advice on plan development, new/modified services and matters of local relevance (s 24).
Land management and dealing
Maintain the register of all Trust land or land managed by the Trust (s 16(6)). Before granting leases or licences, verify whether the lease/licence is within the Parklands and whether open tender is required (s 12A) or Ministerial consent is required for long‑term interests (s 16(3),(7)). Where Ministerial consent is needed for long‑term leasing/licencing, prepare materials showing how consent would assist the Trust’s funding and demonstrate that retaining Trust control is not essential to protect corridor, linkage and continuity principles (s 16(4)).
Financial administration
Administer receipts, appropriations and investment income through the Western Sydney Parklands Fund established in the Special Deposits Account (s 39). Ensure expenditure is made from the Fund (s 39(3)). Track amounts that the Minister may direct to be paid into the Sydney Region Development Fund and make such payments as required (s 40). If the Trust is a GSF agency, manage investments under the Government Sector Finance Act 2018 (s 42(a)); otherwise obtain Minister and Treasurer concurrence for investments (s 42(b)).
Outsourcing and procurement
If the Minister directs outsourcing of services or activities, make arrangements in accordance with that direction (s 14). For leases and licences of 10 years or more, implement an open tender process (s 12A). Document procurement processes and retain tender records for audit and compliance.
Delegations and use of authorised persons
Make delegations in writing where required by s 10. Ensure any sub‑delegation is authorised in writing and that delegates are within the classes authorised by the Act (s 10(2)-(3)). Maintain delegation registers and ensure delegates understand their statutory limits.
Enforcement readiness
Appoint rangers in accordance with s 42A and issue identification cards that satisfy s 42A(4) content. Train rangers on when and how to warn persons under s 42B(4) before requiring name/address, how to issue penalty notices under s 42D in compliance with the Fines Act, and how to manage owner nomination procedures under s 42C to preserve evidentiary integrity.
For government agencies owning Parklands land
Consult on disposals
Before selling, leasing, exchanging or otherwise disposing of land that is part of the Parklands, consult with the Minister administering this Act (or if a local authority, the local authority must consult) unless the lease/licence term is 25 years or less including options (s 30(4)-(5)). Record consultation outcomes and obtain necessary approvals.
Consider management agreements
Use s 13 to enter management agreements with the Trust (or vice versa) when the Trust is to manage agency land or the agency is to manage Trust land. Where funds are authorised under another Act to manage land, ensure arrangements document the provision of those funds to the Trust for management in accordance with the agreement (s 13(6)).
For prospective lessees, licensees and commercial operators
Tender and consent rules
If proposing a lease or licence of 10 years or more, expect the Trust to conduct an open tender process (s 12A). If the requested term will exceed the 25‑year long‑term threshold (including options), the grant may require the Minister’s consent for Parklands land (s 16(7) and s 16(3)) and be subject to Ministerial conditions (s 16(5)). Prepare tender submissions and business cases addressing how the proposal complies with park principles and funding objectives if Ministerial consent may be sought.
Fees, charges and regulatory compliance
Anticipate regulations may authorise the Trust or lessees to require payment of fares or other charges for facility use (s 50(2)(d)-(e)). Check the regulations for specific fee settings, penalty notice schedules and operational conditions.
Due diligence for Schedule 3 transferred land
For interests on land transferred to the Trust under Schedule 3, confirm that existing leases, licences and authorities remain administrable under the Trust via s 37 and note the Act’s statements on non‑compensation and non‑default for transfers (s 36).
For vehicle owners and drivers
Respond promptly to information requests
If an authorised officer alleges a vehicle offence, the owner may be required to give information identifying the driver immediately or in written form (s 42BA). Failure without reasonable excuse to comply is an offence (s 42BA(3)). If served with a penalty notice, follow the prescribed nomination process or statutory timelines to preserve defences under s 42C.
For corporate entities and directors
Management oversight and compliance
Corporations must ensure compliance with any regulations and Parklands conditions. Directors and persons concerned in management are exposed to personal liability where they knowingly authorise or permit an offence by the corporation (s 42E). Maintain governance and compliance systems, and supervise operations carried out by the corporation on Trust land.
Cross‑cutting compliance tasks
Maintain accurate registers: the Trust must maintain land registers (s 16(6)); Board must maintain a conflict of interest register (Schedule 1 cl 8(3)). Accurate records support regulatory compliance and defence in litigation.
Regulatory watch and training: Keep under review the regulations (s 50), the Fines Act schedules relevant to penalty notice offences (s 42D), and any legislative amendments (the Act has a history of targeted amendments). Provide training to rangers, authorised officers and administrative staff on statutory warning requirements (s 42B(4)), penalty notice issuance and Fines Act procedures (s 42D), owner nomination process (s 42C), and evidentiary requirements for prosecutions.
Use statutory prerogatives for planning/consultation: When preparing plans of management, follow the approved consultation and engagement framework and engage community trustee boards where present (s 23; s 24; s 25). Document consultation steps and reasons for decision to show compliance with statutory duties and to guard against procedural challenge.
Financial compliance and directed payments: Account for directed payments to the Sydney Region Development Fund (s 40) when modelling revenue flows. Ensure investment of Fund money complies with the Government Sector Finance Act 2018 where applicable, or secure Minister/Treasurer concurrence otherwise (s 42).
Practical checklist summary (Trust & major stakeholders)
Confirm land status against Schedule 2 and Schedule 3 and update the Trust’s land register (s 22; s 34; s 16(6)).
Ensure plans of management are prepared, consulted on and submitted for approval per s 23.
Implement open tender for leases/licences >=10 years and identify any proposals needing Ministerial consent for >25‑year long‑term arrangements (ss 12A; 16(3), (7)).
Appoint and ID rangers; implement training on s 42B warnings, penalty notice issuance and evidentiary processes (s 42A; s 42B; s 42D).
Maintain financial records for the Western Sydney Parklands Fund, follow investment rules (s 39; s 42), and comply with s 40 directed payments.
Keep up to date with regulations under s 50, especially those prescribing offences and penalty units.
Apply Schedule 1 conflict rules at Board level and maintain minutes and registers to support statutory presumptions under s 42G.
These steps derive from explicit statutory duties and powers in the Act and are intended to reduce legal and operational risk while ensuring statutory compliance.
owner, of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
Parklands means the lands comprising the Western Sydney Parklands as referred to in section 22.
plan of management means the plan of management for the Parklands prepared and adopted for the time being under Part 4, including any amendments adopted under that Part.
precinct means a precinct created under Division 3 of Part 4.
precinct plan means a precinct plan for a precinct of the Parklands prepared and adopted for the time being under Part 4, including any amendments adopted under that Part.
ranger means a person appointed as a ranger under section 47.
Sydney Region Development Fund means the Development Fund created under section 129 of the Environmental Planning and Assessment Act 1979 for the Sydney Region.
Trust means the Western Sydney Parklands Trust constituted under section 4.
Trust land means land vested in or owned by the Trust.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to a precinct includes a reference to a sub-precinct.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 2015 No 58, Sch 3.96 [1]–[3]; 2017 No 65, Sch 2.32; 2020 No 30, Sch 1.50[2]; 2022 No 9, Sch 5.5[1].
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
Part 2 Constitution and management of Trust
4 Constitution of Trust
4 Constitution of Trust
4 Constitution of Trust
There is constituted by this Act a corporation with the corporate name of the Western Sydney Parklands Trust.
5 Status of Trust
5 Status of Trust
5 Status of Trust
The Trust is a NSW Government agency.
6 Ministerial control
6 Ministerial control
6 Ministerial control
The Trust is subject to the control and direction of the Minister in the exercise of its functions.
7 Trust Board
7 Trust Board
7 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board consists of the following members—
(a) the Chief Executive,
(b) the 7 appointed members of the Board of the Greater Sydney Parklands Trust.
(3) One of the members of the Board appointed under subsection (2)(d) is, by the instrument of his or her appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chairperson of the Board.
(4) (Repealed)
(5) Schedule 1 has effect with respect to the Board.
s 7: Am 2009 No 96, Sch 28; 2015 No 58, Sch 3.96 [4]; 2020 No 30, Sch 1.50[3] [4]; 2022 No 9, Sch 5.5[2] [3].
8 Chief Executive of Trust
8 Chief Executive of Trust
8 Chief Executive of Trust
(1) The Chief Executive is responsible for the day-to-day management of the affairs of the Trust in accordance with the specific policies and general directions of the Board.
(1A) The Chief Executive is subject to the control and direction of the Board.
(2) Any act, matter or 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.
s 8: Am 2022 No 9, Sch 5.5[4].
9 Advisory committees
9 Advisory committees
9 Advisory committees
(1) The Board or Trust may establish advisory committees to assist it in the exercise of its functions or for the purposes of public consultation.
(2) Any or all of the members of an advisory committee may be persons who are not members of the Board.
(3) The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is to be as determined by the body that established the committee or (subject to any determination of that body) by the committee.
9A
9A (Repealed)
9A
s 9A: Ins 2015 No 58, Sch 3.96 [5]. Rep 2022 No 9, Sch 5.5[5].
10 Delegation of Trust’s functions
10 Delegation of Trust’s functions
10 Delegation of Trust’s functions
(1) The Trust may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by the Trust if the delegate is authorised in writing to do so by the Trust.
(3) In this section, authorised person means—
(a) a member of the Board, or
(b) a member of staff of the Trust, or
(c) a government agency or member of staff of a government agency, or
(d) a person, or committee of persons, of a class approved by the Minister or prescribed by the regulations.
11 Exercise of functions through private subsidiaries, joint ventures etc
11 Exercise of functions through private subsidiaries, joint ventures etc
11 Exercise of functions through private subsidiaries, joint ventures etc
Any function of the Trust may be exercised—
(a) by the Trust itself, or
(b) by a private subsidiary corporation (within the meaning of section 21), or
(c) by the Trust or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.
Part 3 Functions of Trust
Part 3 Functions of Trust
Part 3 Functions of Trust
12 Functions—generally
12 Functions—generally
12 Functions—generally
(1) The principal function of the Trust is to develop the Parklands into a multi-use urban parkland for the region of Western Sydney and to maintain and improve the Parklands on an ongoing basis.
(2) The Trust also has the following functions—
(a) to conserve, restore and enhance the natural environment of the Parklands, including through the protection of remnant bushland and the restoration of vegetation or revegetation,
(b) to conserve, restore and enhance the cultural and historical heritage of the Parklands, including its indigenous heritage and its scenic qualities,
(c) to provide or facilitate the provision of a diverse range of recreational, entertainment and tourist facilities and opportunities in the Parklands, such as major sporting facilities, private amusement and recreational attractions and accommodation,
(d) to cater, at a regional level, for a diverse range of community interests, organisations and groups, including through the provision of facilities such as multi-use community halls,
(e) to facilitate the use of the Parklands to meet community health needs and provide opportunities for, and encourage, activities that promote health and well-being in the community,
(f) to encourage and promote public access to and use and enjoyment of the Parklands where appropriate,
(g) to facilitate and promote the use of the Parklands for education and research (such as scientific research), including the provision of facilities for these purposes (such as camping facilities, learning centres and accommodation),
(h) to ensure that government agencies and State owned corporations continue to have access to major service infrastructure within the Parklands,
(i) to maintain the rural character of parts of the Parklands by allowing sustainable agriculture, horticulture or forestry in the Parklands,
(j) to undertake or provide, or facilitate the undertaking or provision of, commercial, retail and transport activities and facilities in or in relation to the Parklands with the object of supporting the viability of the management of the Parklands.
(3) The Trust may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including, for example, merchandising or the sale of the Trust’s expertise in relation to any matter for the purpose of raising funds for its operations.
(4) (Repealed)
(5) In carrying out its functions, the Trust is to have regard to the principles of sustainable development, including ecologically sustainable development.
(6) The Trust may, with the consent of the Minister, exercise functions on or in relation to land outside the Parklands (including, for example, acquiring any such land). The consent of the Minister is to be given only if the Minister is satisfied that the exercise of the Trust’s functions in relation to that land is consistent with the exercise of its functions in relation to the Parklands.
(7) The Trust has such other functions as are conferred or imposed on it by or under this or any other Act.
s 12: Am 2015 No 58, Sch 3.96 [6].
12A Open tender process to be used for leases and certain licences
12A Open tender process to be used for leases and certain licences
12A 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 all or part of the Parklands unless the granting of the lease or licence has been the subject of an open tender process.
s 12A: Ins 2022 No 9, Sch 5.5[6].
13 Agreements for management of Trust land and other land
13 Agreements for management of Trust land and other land
13 Agreements for management of Trust land and other land
(1) A government agency may enter into an agreement with the Trust for the Trust—
(a) to manage, maintain, improve or develop land of the agency, or
(b) to provide services or do other things for the management, maintenance or improvement of land of the agency.
(2) The Trust may enter into an agreement with a government agency for the government agency—
(a) to manage, maintain or develop Trust land, or
(b) to provide services or do other things for the management, maintenance or improvement of Trust land.
(3) Any functions of a government agency or member of staff of a government agency in relation to the management of land that is the subject of an agreement under this section may be delegated to the Trust, despite the provisions of any other Act.
(4) Any functions of the Trust or a member of 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 agency, despite the provisions of any other Act.
(5) The Trust may sub-delegate any function delegated to it under this section to an authorised person within the meaning of section 10, but only if the Trust is authorised in writing to do so by the delegator of the function.
(6) If a government agency is authorised by or under any Act to use specified funds to manage, maintain or develop land, the authorisation is taken to extend to providing those funds to the Trust for the management, maintenance 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 or this section, the Trust may enter into arrangements with Property and Development NSW under either section.
(8) In this section, a reference to Trust land includes a reference to land for which the Trust has care, control and management under section 31.
s 13: Am 2024 No 27, Sch 2.12.
14 Outsourcing
14 Outsourcing
14 Outsourcing
(1) The Trust is to arrange for any of its services to be provided, or any of its activities to be carried out, by persons or bodies other than its staff in accordance with any direction of the Minister to do so.
(2) A direction given by the Minister under this section may be given in a particular case or may be given for a class of cases.
15 Acquisition of land
15 Acquisition of land
15 Acquisition of land
(1) The Trust may acquire land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and the Trust is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
16 Dealings in relation to Trust land
16 Dealings in relation to Trust land
16 Dealings in relation to Trust land
(1) Subject to this Act, the Trust may sell, lease, exchange or otherwise dispose of or deal with any Trust land and grant easements or rights-of-way over Trust land or any part of it.
(2) Except as provided by section 18, the Trust may not sell, exchange or otherwise dispose of Trust land within the Parklands.
(3) Except with the consent of the Minister, the Trust may not grant a long-term lease or licence over land within the Parklands.
(4) The Minister may consent under subsection (3) to the granting by the Trust of a long-term lease or licence for a purpose that, in the opinion of the Minister, does not provide facilities for or promote the use of the Parklands by the public, but only if the granting of consent would assist the funding of the Trust’s operations, or generate revenue to be paid into the Sydney Region Devel
This is an opening excerpt, not the complete document.