New South Wales Consolidated Acts

UNIVERSITY OF NEW ENGLAND ACT 1993 - SECT 18

18 Powers of Council relating to property

(1) The Council--

(a) may acquire (whether by purchase, gift, grant, bequest, devise or otherwise) any property for the purposes of this Act and may agree to carry out the conditions of any such acquisition, and

(b) has the control and management of all property at any time vested in or acquired by the University and may, subject to this section, dispose of property in the name and on behalf of the University.

(2) The Council may, subject to this section, alienate, mortgage, charge or demise any lands of the University and may dispose of or otherwise deal with any other property of the University.

(2A) The Council must not alienate, mortgage, charge or demise any lands acquired by the University from the State at nominal or less than market value except with the approval of the Minister.

(3) Despite subsection (2A), the Council may, without the approval of the Minister, lease any such lands if--

(a) the term of the lease does not exceed 21 years, and

(b) the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into.

(4) In the case of a lease of any lands of the University, or any renewal of the lease, to a residential college affiliated with the University, the lease--

(a) is to be for a term not exceeding 99 years, and

(b) is to be at a nominal rent, and

(c) is to contain a condition that the lease is not to be assigned and such other conditions as the Council thinks fit.

(4A) The Council may enter into a voluntary planning agreement under the Environmental Planning and Assessment Act 1979 --

(a) except as provided by paragraph (b)--without the approval of the Minister, or

(b) in the case of an agreement requiring any lands acquired by the University from the State at nominal or less than market value to be dedicated free of cost--only with the approval of the Minister.

(5) The rule of law against remoteness of vesting does not apply to or in respect of any condition of a gift, grant, bequest or devise to which the University has agreed.