New South Wales Consolidated Acts

ROLL>S3.HTML#COMMONERS ROLL COMMONS MANAGEMENT ACT 1989

- As at 1 August 2018 
- Act 13 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Meaning of "land district"

   PART 2 - COMMONS TRUSTS

           Division 1 - Constitution and management

   4.      A trust to be established in respect of each common
   5.      Appointment of an initial administrator
   6.      Constitution of trust boards
   7.      Power of the Minister to appoint a local authority to manage the affairs of a trust

           Division 2 - Functions of trusts

   8.      Functions of a trust
   9.      Power of a trust to make by-law

           Division 3 - Commoners' rights etc

   10.     Duty of a trust to keep a commoners' roll
   11.     Appeals against refusal of a trust to enter a person's name on the commoners' roll
   12.     Rights of commoners may be exercised only by persons whose names are entered on the commoners' roll

           Division 4 - Trust property

   13.     Operation of the Division
   14.     Trust to have a fee simple estate in the common for which it is established
   15.     Trust may acquire other land etc in certain cases
   16.     Trust not to enter into land transactions without the consent or authority of the Minister
   17.     Mortgage of common land may include a power of sale
   18.     Effect of transfer etc of land vested in a trust
   19.     Execution of instruments on behalf of a trust
   20.     Proceeds of sale etc
   21.     Power of the Minister to direct a trust to set aside funds for the payment of debts
   22.     Trust to be empowered to grant temporary licences for grazing etc
   23.     Lease or licence in respect of a common or part of a common to terminate in certain cases
   24.     Dissolution of a trust--disposal of the trust property

           Division 5 - Management plans

   25.     Preparation of management plans
   26.     Reference of certain draft management plans to the trust concerned
   27.     Adoption of a draft management plan
   28.     Management plan may be cancelled or altered

           Division 6 - Administrative matters

   29.     Principal place of administration of a trust
   30.     Keeping of records by a trust
   31.     Trust to hold an annual general meeting of commoners
   32.     General election of members of the trust board to be held at every third annual general meeting of commoners
   33.     Election to be held to fill a vacancy in the membership of a trust board
   34.     General provisions applicable to elections of members of trust boards
   35.     Special general meetings of commoners
   36.     Provisions preliminary to holding a general meeting of commoners
   37.     Trust to prepare an annual report of its activities etc
   38.     Procedure at general meetings of commoners
   39.     Minutes of proceedings of general meetings of commoners etc

           Division 7 - Financial provisions

   40.     Financial year of a trust
   41.     Trust to keep accounting records
   42.     Trust to prepare an income and expenditure account and balance sheet
   43.     Appointment and election of auditors
   44.     Removal and resignation of auditors
   45.     Fees and expenses of auditors
   46.     Powers and duties of auditors to report on accounts
   47.     Obstruction of an auditor

           Division 8 - Power of Minister to appoint an administrator in certain circumstances

   48.     Appointment of an interim administrator
   49.     Administrator to convene meeting for the election of members of a trust board when directed to do so

           Division 9 - Settlement of disputes involving trust boards and commoners

   50.     Right of a commoner to complain to the Minister with respect to the management of the affairs of a trust
   51.     Powers of the Minister with respect to complaints lodged under s 50
   52.     Duty of Secretary to inquire into a complaint referred under s 51 (1) (b)
   53.     Determination of the Minister with respect to a complaint lodged under section 50

   PART 3 - SUPPLEMENTARY MATTERS

   54.     Powers of inspection etc
   55.     Power to conduct an investigation into the affairs of a trust
   56.     Power of a member of a trust board etc to remove persons from the common
   57.     Offences relating to powers conferred by ss 54-56
   58.     Minister's power of delegation
   59.     Persons in default
   60.     Proceedings for offences
   61.     Crown-timber lands located within a common
   61A.    Revocation of a common
   62.     Regulations
   63.     Savings and transitional provisions
   64.     Repeals
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5