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13th February - Government Gazette - NSW Government

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<strong>Government</strong> <strong>Gazette</strong><br />

Week No. 7/2004<br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Friday, 13 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

Containing numbers 23, 24, 25, 26,<br />

Units 5, Block V, Regents Park Industrial Estate 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36<br />

391 Park Road, REGENTS PARK 2143 Pages 479 - 700<br />

Phone: 9743 8777 Fax: 9743 8203<br />

Email: nswgazette@commerce.nsw.gov.au


Numbers 23 to 34<br />

SPECIAL SUPPLEMENTS<br />

Total Fire Ban 6 <strong>February</strong> 2004 ................................... 479<br />

Local <strong>Government</strong> Act 1993 - Proclamation................ 481<br />

Total Fire Ban 6 <strong>February</strong> 2004 ................................... 491<br />

Total Fire Ban 7 <strong>February</strong> 2004 ................................... 493<br />

Total Fire Ban 8 <strong>February</strong> 2004 ................................... 495<br />

Total Fire Ban 9 <strong>February</strong> 2004 ................................... 497<br />

Total Fire Ban 10 <strong>February</strong> 2004 ................................. 499<br />

Total Fire Ban 11 <strong>February</strong> 2004.................................. 501<br />

Total Fire Ban 11 <strong>February</strong> 2004.................................. 503<br />

Local <strong>Government</strong> Act 1993 - Proclamation................ 505<br />

Local <strong>Government</strong> Act 1993 - Proclamation................ 583<br />

Total Fire Ban 11 <strong>February</strong> 2004.................................. 585<br />

Number 35<br />

LEGISLATION<br />

Allocation of Administration of Acts....................... 587<br />

Proclamations.......................................................... 612<br />

Regulations.............................................................. 615<br />

Other Legislation..................................................... 627<br />

OFFICIAL NOTICES<br />

Appointments .......................................................... 636<br />

<strong>NSW</strong> Fisheries......................................................... 637<br />

Department of Infrastructure, Planning and Natural<br />

Resources —<br />

Planning .............................................................. 639<br />

Natural Resources................................................ 661<br />

Department of Lands ............................................... 665<br />

Department of Mineral Resources ........................... 680<br />

Roads and Traffic Authority .................................... 682<br />

Other Notices .......................................................... 688<br />

Tenders .................................................................... 692<br />

PRIVATE ADVERTISEMENTS<br />

(Council, Probate, Company Notices, etc) ............... 693<br />

CONTENTS<br />

Number 36<br />

PUBLIC SECTOR NOTICES<br />

Appointments, Resignations, etc. ............................ 699<br />

DEADLINES<br />

Attention Advertisers . . .<br />

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Phone: (02) 9743 8777; Fax: (02) 9743 8203<br />

Email:<br />

nswgazette@commerce.nsw.gov.au<br />

GOVERNMENT GAZETTE<br />

DEADLINES<br />

Close of business every Wednesday<br />

Except when a holiday falls on a Friday, deadlines<br />

will be altered as per advice given on this page.<br />

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will be accepted.<br />

• This publication is available on request via email,<br />

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Other formats, such as Braille and audio (cassette<br />

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You can arrange to have a copy of the<br />

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For further information please contact:<br />

Peter Kindleysides or Denis Helm on<br />

Telephone: 9743 8777<br />

Fax: 9743 8203<br />

SEE the CMS Web Site at www.cms.dpws.nsw.gov.au


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from 6.30 a.m. on 6 <strong>February</strong> 2004 to<br />

midnight on 6 <strong>February</strong> 2004.<br />

Dated this 6th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

479<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 23<br />

Friday, 6 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


480 SPECIAL SUPPLEMENT 6 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 23<br />

SCHEDULE A<br />

Zone C – Riverina Weather Forecast District.<br />

Zone H – Central West Plains Weather Forecast District.


481<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 24<br />

Friday, 6th <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

SPECIAL SUPPLEMENT<br />

<br />

MARIE BASHIR, Governor<br />

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the<br />

advice of the Executive Council, and in pursuance of Part 1 of Chapter 9 of the Local<br />

<strong>Government</strong> Act 1993, do, by this my Proclamation declare that, on 6 <strong>February</strong><br />

2004:<br />

(a) the Area of the City of Sydney and the Area of the City of South Sydney<br />

are to be amalgamated so as to constitute a new Area to be known as the<br />

City of Sydney; and<br />

(b) the boundaries of the new Area of the City of Sydney are the same as the<br />

combined boundaries of the former Area of the City of Sydney (as<br />

described by Proclamation in <strong>Government</strong> <strong>Gazette</strong> No 47 of 19 <strong>February</strong><br />

2003) and of the former Area of the City of South Sydney (as described by<br />

Proclamation in <strong>Government</strong> <strong>Gazette</strong> No 47 of 19 <strong>February</strong> 2003),<br />

disregarding those boundaries that are common to both former Areas and;<br />

(c) the provisions set out in the Schedule to this Proclamation are to apply on<br />

and from 6 <strong>February</strong> 2004 (unless another date is stated), to the<br />

amalgamation effected by this Proclamation.<br />

Signed and sealed at Sydney, this 6 th day of <strong>February</strong> 2004.<br />

By Her Excellency’s Command,<br />

GOD SAVE THE QUEEN!<br />

TONY KELLY, MLC,<br />

Minister for Local <strong>Government</strong>


482 LEGISLATION 6 <strong>February</strong> 2004<br />

<br />

In this Schedule:<br />

<br />

means: 6 <strong>February</strong> 2004<br />

means a clause in this schedule.<br />

means the Director General of the Department of Local<br />

<strong>Government</strong>.<br />

means the former Area of City of Sydney or former Area of the<br />

City of South Sydney.<br />

means the Council of a former Area.<br />

means the new Area of the City of Sydney.<br />

means the Council of the City of Sydney.<br />

means the Minister for Local <strong>Government</strong>.<br />

means the Local <strong>Government</strong> Act 1993.<br />

<br />

(1) The date of the first election of the Councillors of the new Council is 27<br />

March 2004.<br />

(2) The election is taken to be an ordinary election of the Councillors for the<br />

purposes of the Act and any Regulation under the Act.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area<br />

and to vote at the election, and<br />

b) the entitlements of persons to be nominated for election as<br />

Councillors for the new Area at the election, and<br />

c) the conduct of the election by the Electoral Commissioner of New<br />

South Wales, and<br />

d) any other matter relating to the election,<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


6 <strong>February</strong> 2004 LEGISLATION 483<br />

the new Area is taken to have been constituted on the date of publication<br />

of this Proclamation.<br />

(4) a reference in any Act, in any instrument made under any Act or in any<br />

document to any of the former Areas is taken to include a reference to the<br />

new Area and is to be read as a reference to the new Area; and<br />

(5) a reference in any Act, in any instrument made under any Act or in any<br />

document to any of the former Councils is taken to include a reference to<br />

the new Council and is to be read as a reference to the new Council.<br />

<br />

(1) For the interim period between 6 <strong>February</strong> 2004 and the declaration of the<br />

election held on 27 March 2004, three Administrators are appointed and<br />

are Ms Lucy Turnbull (former Lord Mayor, of the former Council of the City<br />

of Sydney), Mr Tony Pooley (former Mayor, of the former Council of the<br />

City of South Sydney) and the Director General of the Department of Local<br />

<strong>Government</strong> to direct and control the affairs of the new Council.<br />

(2) If Ms Lucy Turnbull or Mr Tony Pooley decline to be appointed as<br />

Administrators, then the Minister may appoint alternate persons as<br />

Administrators.<br />

(3) The Administrators may otherwise be known as Commissioners.<br />

(4) Nothing shall preclude the Administrators from determining development<br />

applications, other than those applications for ‘major development’ within<br />

the meaning of the City of Sydney Act 1988.<br />

(5) The Administrators (other than the Director General of the Department of<br />

Local <strong>Government</strong>) are to be paid an amount equivalent to the annual fee<br />

paid to the former Lord Mayor of the former Council of the City of Sydney<br />

on a pro-rata basis.<br />

(6) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrators do<br />

not hold an office or a position of profit under the new Council.<br />

<br />

The quorum for a meeting of the new Council during the interim period of 6 <strong>February</strong><br />

2004 to 27 March 2004 is two, one of whom must be the Director General of the<br />

Department of Local <strong>Government</strong>.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


484 LEGISLATION 6 <strong>February</strong> 2004<br />

<br />

<br />

(1). The Acting General Manager of the new Area shall be Mr Robert Domm<br />

(former General Manager of the former Council of City of Sydney) for a<br />

period of six months commencing from 6 <strong>February</strong> 2004.<br />

(2) For the interim period 6 <strong>February</strong> 2004 to 27 March 2004, Mr Michael<br />

Whittaker (former General Manager of the former Council of the City of<br />

South Sydney) shall be the Council’s new Acting Deputy General<br />

Manager.<br />

<br />

(1) The election provisions of the City of Sydney Act 1988 and Local<br />

<strong>Government</strong> Act 1993 will continue to apply to persons and entities entitled<br />

to be enrolled on the roll of electors for the former Area of the City of<br />

Sydney had the ordinary election for the former Area been held on 27<br />

March 2004.<br />

(2) The relevant provisions of the Local <strong>Government</strong> Act 1993 will continue to<br />

apply to persons and entities entitled to be enrolled on the roll of electors<br />

for the former Area of the City of South Sydney had the ordinary election<br />

for the former Area been held on 27 March 2004.<br />

(3) The returning officer conducting the election is to call for nominations of<br />

candidates for election to the new Area as early as practicable after the<br />

date of Proclamation.<br />

(4) A nomination proposal received by a returning officer for election to the<br />

council of a former Area shall be taken as a nomination proposal for the<br />

council of the New Area.<br />

(5) The Electoral Commissioner of New South Wales will decide on any<br />

dispute or uncertainty on any issue relating to the election for the new<br />

Area.<br />

<br />

A claim for the inclusion on the roll of electors for a former Area shall be taken<br />

as a claim for inclusion on the roll of electors for the new Area if the claim for<br />

inclusion would otherwise have been valid before the amalgamation date.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


6 <strong>February</strong> 2004 LEGISLATION 485<br />

<br />

(1) The number of Councillors to be elected to the new Council at its first<br />

election is 10, including the Lord Mayor elected by the electors.<br />

(2) Subclause (1) does not limit the power of the new Council to redetermine,<br />

after the first election the number of its Councillors under section 224 of<br />

the Act.<br />

<br />

The Lord Mayor of the new Council is to be elected by the electors in accordance<br />

with section 23 of the City of Sydney Act 1988.<br />

<br />

(1) The operation of this clause and clause 5 is not to be regarded as a<br />

breach of contract between a former Council or the new Council and a<br />

senior staff member (including a General Manager).<br />

(2) Nothing in this Proclamation shall require the new Council to appoint a<br />

Deputy General Manager after the expiration of the interim period.<br />

<br />

(1) Anything that was done or omitted to be done by a former Council and that<br />

had effect immediately before the amalgamation date continues to have<br />

effect as if it had been done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by<br />

the new Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

amalgamation date, continues to have effect as if it had been done or<br />

made by the new Council.<br />

<br />

Any delegation from a former Council that was in force immediately before the<br />

amalgamation date is taken to be a delegation from the new council and may<br />

be revoked or amended accordingly.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


486 LEGISLATION 6 <strong>February</strong> 2004<br />

<br />

(1) Any codes, policies and plans of the former Council of the City of Sydney<br />

apply, as far as is practicable, to the new Council.<br />

(2) Subclause (1) ceases to have effect in relation to a code, policy or plan of<br />

the new Council when the new Council adopts a new code, policy or plan<br />

under the relevant provisions of the Act.<br />

<br />

(1) The annual fee paid to each Councillor of the new Council and the annual<br />

fee paid to the Lord Mayor of the new Council is to be equal to the higher<br />

of the corresponding fees paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the<br />

new Council fixes the annual fee in accordance with the appropriate<br />

determination of the Local <strong>Government</strong> Remuneration Tribunal.<br />

<br />

(1) The organisation structure of the new Council is, as far as practicable, to<br />

be a composite of the organisation structures of each of the former<br />

Councils.<br />

(2) In particular, any position that, immediately before the amalgamation date,<br />

was a senior staff position in relation to a former Council is taken to be a<br />

senior staff position in relation to the new Council.<br />

(3) This clause ceases to have effect when a new organisation structure is<br />

determined by the new Council under Part 1 of Chapter 11 of the Act.<br />

<br />

(1) Each member of staff of a former Council (a transferred staff member) is<br />

transferred to the new Council.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the<br />

employment of a transferred staff member.<br />

(3) The senior staff of each former Council are taken to be the senior staff of<br />

the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


6 <strong>February</strong> 2004 LEGISLATION 487<br />

<br />

(1) For the period between 6 <strong>February</strong> 2004 and 27 March 2004 staff<br />

employed under an award wage or other industrial instrument approved by<br />

the Industrial Relations Commission may not be unreasonably based<br />

outside the general locality in which they were based immediately before<br />

the transfer without their approval.<br />

(2) For the period between 6 <strong>February</strong> 2004 and 27 March 2004, no staff<br />

employed under an award wage or other industrial instrument approved by<br />

the Industrial Relations Commission are to be made redundant without<br />

their approval.<br />

<br />

(1) The assets, rights and liabilities of the former Councils are transferred to<br />

the new Council.<br />

(2) The following provisions have effect in relation to any assets, rights or<br />

liabilities that are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue<br />

of this clause and without the need for any further conveyance,<br />

transfer, assignment or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of<br />

this clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced<br />

before the transfer by or against the former Councils or a<br />

predecessor of any of the former Councils, and pending immediately<br />

before the transfer, are taken to be proceedings pending by or<br />

against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the<br />

assets, rights or liabilities before the transfer by, to or in respect of<br />

the former Councils or a predecessor of any of the former Councils is<br />

(to the extent to which that act, matter or thing has any force or<br />

effect) taken to have been done or omitted by, to or in respect of the<br />

new Council.<br />

e. Anything that was commenced by a former Council and uncompleted<br />

at the amalgamation date may be completed by the new Council as if<br />

it had been commenced by the new Council. This includes but is not<br />

limited to any application for approval or consent under the Act or<br />

any other Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


488 LEGISLATION 6 <strong>February</strong> 2004<br />

f. In so doing, the new Council must make any determinations required<br />

to be made in accordance with any relevant code, policy or plan of<br />

the relevant former Council, until such time as the new Council<br />

makes a new code, policy or plan in relation to that matter in<br />

accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect<br />

immediately before the amalgamation date, or that was commenced<br />

by a former Council and completed by the new Council as a result of<br />

this Proclamation, continues to have effect and may be enforced by<br />

the new Council as if it had been done by the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that<br />

was given or made by a former Council, and that had effect<br />

immediately before the amalgamation date, continues to have effect<br />

and for all the purposes of the Act or any other Act shall be deemed<br />

to have been given or made by the new Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a<br />

decision of a former Council determined by the Court after the<br />

amalgamation date shall be deemed to apply to the new Council.<br />

(3) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or<br />

future and whether vested or contingent) in real or personal property of<br />

any description (including money), and includes securities, streams of<br />

income, choses in action and documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or<br />

future and whether vested or contingent) and includes liabilities relating to<br />

criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether<br />

present or future and whether vested or contingent).<br />

<br />

(1) A transfer effected by this Schedule takes effect on the amalgamation<br />

date.<br />

(2) The Minister may, by notice in writing, confirm a transfer effected by this<br />

Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


6 <strong>February</strong> 2004 LEGISLATION 489<br />

<br />

(1) The operation of clause 18 (Transfer of assets, rights and liabilities) is not<br />

to be regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong,<br />

or<br />

c. As a breach of contractual provision prohibiting, restricting or<br />

regulating the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as<br />

causing or permitting the termination of any instrument, because of a<br />

change in the beneficial or legal ownership of any asset, right or<br />

liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is<br />

required in relation to a transfer effected by clause 18.<br />

(3) No compensation is payable to any person or body in connection with a<br />

transfer effected by clause 18.<br />

(4) Subclause (3) does not affect the rights of any person or body in<br />

connection with the early termination of a contract between a former<br />

Council and that person or body.<br />

<br />

A duty of the new Council under any Act, including a duty to report or review,<br />

which relates to a period before the amalgamation date, is to be performed by<br />

reference to the former Areas and the former Councils as appropriate.<br />

<br />

The Audit Office of New South Wales will be the Auditor of the new Council<br />

unless the Council appoints another Auditor in accordance with Division 3 of<br />

Part 3 of Chapter 13 of the Act.<br />

<br />

In any Act, in any instrument made under any Act or in any document of any<br />

kind:<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


490 LEGISLATION 6 <strong>February</strong> 2004<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the<br />

former Areas, is taken to include a reference to the new Area and is to be<br />

read as a reference to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of<br />

the former Councils, is to be taken as a reference to the new Council and<br />

is to be read as a reference to the new Council.<br />

<br />

(1) The rating structures are to be reviewed within the first term of the new<br />

Council.<br />

<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) There shall be wards for subsequent ordinary elections, the structure of<br />

which will be determined by the new Council.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 5 <strong>February</strong> 2004 to<br />

midnight on 6 <strong>February</strong> 2004.<br />

Dated this 5th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

491<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 25<br />

Friday, 6 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


492 SPECIAL SUPPLEMENT 6 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 25<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 7 <strong>February</strong> 2004 to<br />

midnight on 8 <strong>February</strong> 2004.<br />

Dated this 7th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

493<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 26<br />

Saturday, 7 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


494 SPECIAL SUPPLEMENT 7 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 26<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.<br />

Zone C – Riverina Weather Forecast District.<br />

Zone D – South West Slopes Weather Forecast District.<br />

Zone E – Southern Tablelands Weather Forecast District.<br />

Zone H – Central West Plains Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 8 <strong>February</strong> 2004 to<br />

midnight on 9 <strong>February</strong> 2004.<br />

Dated this 8th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

495<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 27<br />

Sunday, 8 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


496 SPECIAL SUPPLEMENT 8 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 27<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.<br />

Zone D – South West Slopes Weather Forecast District.<br />

Zone E – Southern Tablelands Weather Forecast District.<br />

Zone G – Illawarra Weather Forecast District.<br />

Zone H – Central West Plains Weather Forecast District.<br />

Zone I – Central West Slopes Weather Forecast District.<br />

Zone P – Hunter Weather Forecast District.<br />

Zone Q – Metropolitan Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 9 <strong>February</strong> 2004 to<br />

midnight on 10 <strong>February</strong> 2004.<br />

Dated this 9th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

497<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 28<br />

Monday, 9 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


498 SPECIAL SUPPLEMENT 9 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 28<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.<br />

Zone H – Central West Plains Weather Forecast District.<br />

Zone I – Central West Slopes Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 10 <strong>February</strong> 2004 to<br />

midnight on 11 <strong>February</strong> 2004.<br />

Dated this 10th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

499<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 29<br />

Tuesday, 10 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


500 SPECIAL SUPPLEMENT 10 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 29<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from 7.00 am on 11 <strong>February</strong> 2004 to<br />

midnight on 11 <strong>February</strong> 2004.<br />

Dated this 11th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

501<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 30<br />

Wednesday, 11 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


502 SPECIAL SUPPLEMENT 11 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 30<br />

SCHEDULE A<br />

Zone C – Riverina Weather Forecast District.<br />

Zone D – South West Slopes Weather Forecast District.


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from 8.30 am on 11 <strong>February</strong> 2004 to<br />

midnight on 11 <strong>February</strong> 2004.<br />

Dated this 11th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

503<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 31<br />

Wednesday, 11 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


504 SPECIAL SUPPLEMENT 11 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 31<br />

SCHEDULE A<br />

Zone I – Central West Slopes Weather Forecast District.


505<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 32<br />

Wednesday, 11th <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

SPECIAL SUPPLEMENT<br />

LOCAL GOVERNMENT ACT 1993 – PROCLAMATION<br />

MARIE BASHIR,Governor<br />

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive<br />

Council, and in pursuance of Part 1 of Chapter 9 and Part 5 of Chapter 12 of the Local <strong>Government</strong> Act<br />

1993, do, by this my Proclamation declare that, on 11 <strong>February</strong> 2004:<br />

(a) the Areas of Cooma-Monaro, Crookwell, the City of Goulburn, Gunning, Mulwaree, the City of<br />

Queanbeyan, Tallaganda, Tumut, Yarrowlumla and Yass are to be amalgamated so as to constitute<br />

new Areas having the names of Cooma-Monaro, Eastern Capital City Regional, Greater Argyle,<br />

Greater Queanbeyan City, Tumut, Upper Lachlan and Yass Valley and as described in Schedules<br />

A to G;<br />

(b) the provisions set out in Schedules A to G to this Proclamation are to apply on 11 <strong>February</strong> 2004<br />

(unless another date is stated), to the new Areas effected by this Proclamation;<br />

(c) the Order published in <strong>Government</strong> <strong>Gazette</strong> No.1 of 2 January 2004 postponing the elections<br />

for the former Areas of Crookwell and Gunning is revoked; and<br />

(d) the Proclamations in force constituting or varying the constitution of the Southern Slopes County<br />

Council are amended in accordance with Schedule G.<br />

Signed and sealed at Sydney, this 11th day of <strong>February</strong> 2004.<br />

By Her Excellency’s Command,<br />

GOD SAVE THE QUEEN!<br />

ANTHONY KELLY, M.L.C.,<br />

Minister for Local <strong>Government</strong>


506 LEGISLATION 11 <strong>February</strong> 2004<br />

Schedule A<br />

Land included in the Cooma-Monaro Local <strong>Government</strong> Area<br />

Area about 5,421.03 square kilometres. Commencing at the confluence of the Murrumbidgee<br />

River and Black’s Creek; and bounded thence by that creek upwards to the road from<br />

Kiandra to Cooma; by that road generally easterly to the generally western boundary of the<br />

parish of Cooma, county of Beresford; by part of that boundary generally northerly to the<br />

north-western corner of portion 136; by a line west for a distance of 10 chains; by a line north<br />

to a point west of the south western corner of portion 338; by a line east to Cooma Creek; by<br />

that creek downwards to the north-eastern corner of portion 91, parish of Binjura; by a line<br />

along the eastern boundary of that portion southerly to the northern boundary of portion 330,<br />

parish of Cooma; by part of that boundary, the generally north-eastern boundary of that<br />

portion, a line, and part of the generally north-eastern boundary of portion 319, easterly, and<br />

generally south-easterly to the north-eastern corner of portion 319; by a line along the northwestern<br />

boundary, and by the north-eastern boundary of portion 337, and part of the northeastern<br />

boundary of portion 318, north-easterly and south-easterly to its intersection with a<br />

line along the western boundaries of portion 336, 335 and 334, by that line and a line along<br />

the northern boundary of portion 334, northerly and easterly to the north-western boundary of<br />

portion 192, parish of Bunyan; by part of that boundary, the northern and a line along the<br />

eastern boundary of that portion and portion 180 of that parish and portion 180, parish of<br />

Cooma, north-easterly, easterly and southerly to the northern boundary of portion 296; by<br />

part of that boundary westerly to the north-eastern corner of portion 295; by a line along the<br />

eastern boundary of portions 295, 305 and 368, southerly to the northern boundary of portion<br />

51; by part of the northern boundary of portion 51, the northern and western boundaries of<br />

portion 50, the western and southern boundaries of portion 53, the southern boundary of<br />

portion 58 and part of the southern boundary of portion 306, westerly, southerly and easterly<br />

to a point north of the north-western corner of portion 314; by a line along the western<br />

boundary of that portion southerly to a point east of the north-eastern corner of portion 348;<br />

by a line along the northern boundary of that portion, westerly to the road from Cooma to<br />

Nimmitabel; by that road south-easterly to the north-western corner of portion 183, parish of<br />

Bunyan; by part of the generally western boundary of that parish and the generally western<br />

boundary of the parish of Gladstone, generally southerly to the southernmost south-western<br />

corner of portion 99 of the said parish of Gladstone; by The Peak and Bobundara Creeks and<br />

the Snowy River downwards to the confluence of the Snowy River and Ironmungy Creek; by<br />

Ironmungy Creek upwards to the north-western corner of portion 94, parish of Ironmungy,<br />

county of Wellesley; by the generally northern boundary of that parish and the parish of<br />

Bungee, generally easterly to the Maclaughlin River; by that river upwards to Kings State<br />

Highway No. 19; by that highway generally southerly to Native Dog Creek; by that creek<br />

upwards to the north-west corner of portion 108, parish of Thoko; by the generally northern<br />

boundary of that parish generally easterly to the northernmost north-eastern corner of portion<br />

131; by the range forming the generally eastern boundary of the parish of Glenbog, county of<br />

Wellesley, the generally south-eastern boundary of the parish of Winifred, county of<br />

Beresford, the generally eastern boundary of the parish of Kydra and the generally southeastern<br />

boundary of the parish of Countigany, county of Dampier, generally north-easterly to<br />

a point south of Wadbilliga Trigonometrical Station; by a line north to that Trigonometrical<br />

Station; by a line along the north-eastern boundary of the parish of Quinen north-westerly to<br />

the Tuross River; by that river downwards to its intersection with a south-western boundary<br />

of the Land District of Moruya; by that boundary north-westerly to the generally southeastern<br />

boundary of portion 51, parish of Big Badju, county of Beresford; by the range<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 507<br />

forming the generally eastern boundary of that parish, the parishes of Hill and Sherlock,<br />

county of Beresford and the parish of Jingera, county of Murray, generally northerly to the<br />

generally northern boundary of the said parish of Jinjera; by part of that boundary generally<br />

westerly to the south-western corner of portion 113, parish of Bullongong; by part of the<br />

generally western boundary of that portion generally northerly for a distance of 11 chains; by<br />

a line west to the eastern boundary of portion 205; by part of that boundary and the southern<br />

boundary of that portion easterly and westerly to Ballinafad Creek; by that creek downwards<br />

to the Queanbeyan River; by that river downwards to Tinderry Creek; by that creek upwards<br />

to the generally northern boundary of the Parish of Tantangera; by part of that boundary,<br />

westerly to the generally eastern boundary of Tinderry Nature Reserve, gazetted 23 rd January,<br />

1981; by part of that boundary and the generally northern boundary of that reserve, generally<br />

northerly and generally westerly to Burra Creek; by that creek, downwards to the eastern<br />

prolongation of the southern boundary of Lot 34, DP 248084; by that prolongation, boundary<br />

and the southern boundaries of Lots 33, a line, 31, 30, westerly, the southern boundary of Lot<br />

1, DP 839565, westerly and the southern boundaries of Lots 45, 44 and 43, DP 259114,<br />

westerly to the ridge dividing the waters of Burra Creek from Deep Creek; by that ridge,<br />

generally south-westerly to the source of Deep Creek; by that creek, downwards to the<br />

Goulburn – Bombala Railway; by that railway, north-westerly to the generally eastern<br />

boundary between the State of New South Wales and the Australian Capital Territory; by that<br />

boundary, generally southerly and north-westerly , the north-western boundary of the parish<br />

of Yaouk, county of Cowley, the generally north-eastern boundary of the parish of<br />

Gunnangora and the generally northern boundary of the parish of Long Plain; generally<br />

north-westerly to the Murrumbidgee River; and by that river downwards to the point of<br />

commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Cooma-Monaro which, by this Proclamation, is<br />

constituted the Cooma-Monaro Council<br />

that part of the former Area of Yarrowlumla which, by this Proclamation, is<br />

constituted the Cooma-Monaro Council<br />

former Council means any of the former Councils Cooma-Monaro or Yarrowlumla.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Cooma-Monaro.<br />

new Council means the Cooma-Monaro Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


508 LEGISLATION 11 <strong>February</strong> 2004<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Tony Kaltoum (former Mayor of<br />

the former Cooma-Monaro Council) to direct and control the affairs of the new<br />

Council.<br />

(2) If Mr Tony Kaltoum declines to be appointed as the Administrator, then the Minister<br />

may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Neil Watt (former General<br />

Manager of the former Cooma-Monaro Shire Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 509<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is nine<br />

(9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


510 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be<br />

revoked or amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

(2) Each of the following codes, policies and plans of the former Cooma-Monaro Shire<br />

Council apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 511<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Cooma-Monaro Shire Council is transferred to the Council of the<br />

Area of Cooma-Monaro.<br />

(b) the former Yarrowlumla Shire Council is transferred to the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut,<br />

Yass Valley and Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Cooma-Monaro Shire Council (a<br />

transferred staff member) is transferred to the Council of the Area of Cooma-<br />

Monaro.<br />

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred<br />

staff member) is transferred to a new Council of the Areas of Cooma-Monaro,<br />

Greater Queanbeyan City, Tumut, Yass Valley or Eastern Capital City<br />

Regional as determined by agreement between the new Councils of the Areas<br />

of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and<br />

Eastern Capital City Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


512 LEGISLATION 11 <strong>February</strong> 2004<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) The assets, rights and liabilities of:<br />

a. The former Cooma-Monaro Shire Council are transferred to the new Council<br />

of the Area of Cooma-Monaro<br />

b. The former Yarrowlumla Shire Council are transferred to the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut,<br />

Yass Valley and Eastern Capital City Regional.<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 513<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


514 LEGISLATION 11 <strong>February</strong> 2004<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, Auswild Boyce & Co. will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 515<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Cooma-Monaro and Yarrowlumla included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


516 LEGISLATION 11 <strong>February</strong> 2004<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 517<br />

Schedule B<br />

Land included in the Eastern Capital City Regional Local <strong>Government</strong> Area<br />

Area about 5,144.47 square kilometres. Commencing at the intersection of the boundary<br />

between the State of New South Wales and the Australian Capital Territory and the Federal<br />

Highway: and bounded thence by that highway, generally north-easterly to the range forming<br />

the eastern watershed of Collector Creek; by that range and the Great Dividing range, generally<br />

southerly to the road from Bugendore to Goulburn; by that road northeasterly, the road forming<br />

the northern boundary of Portion 212, Parish of Merigan, the northern and an eastern<br />

boundary of Portion 213, a northern and a western boundary of Portion 282 easterly,<br />

southerly, again easterly and northerly to the southernmost generally southern boundary of<br />

Lot 1, D.P. 564552; by part of that boundary and part of the westernmost eastern boundary of<br />

Portion 294 and its prolongation generally easterly and northerly to the road forming the<br />

northernmost boundary of the lastmentioned portion; by that road easterly to the western<br />

boundary of the Goulburn to Bombala Railway Lands; by part of that boundary northerly to<br />

the western prolongation of the northern boundary of Portion 130; by that prolongation and<br />

boundary easterly to the road from Bungendore to Bungonia; by that road northeasterly of the<br />

range forming the eastern watershed of Merigan Creek; by that range generally northerly and<br />

a ridge within Portion 142 and its continuation generally southeasterly to Boro Creek; by that<br />

creek downwards to the eastern boundary of Portion 67; by part of the generally northeastern<br />

boundary of the Parish of Merigan generally southeasterly to Boro Creek of the western<br />

boundary of Portion 84, parish of Mulwaree, County of Argyle; again by Boro Creek and<br />

Shoalhaven River downwards to the confluence of Endrick River; by that river upwards, by<br />

the northern and eastern boundaries of portion 27 and the eastern boundary of portion 26,<br />

Parish of Corang, County of St. Vincent, to the western boundary of the lands district of<br />

Milton; by that boundary southerly to Mount Budawang; by the eastern boundaries of the<br />

parishes of Budawang and Monga, County of St. Vincent, portions 1 and 2 and the eastern<br />

boundary of the latter parish southerly to the western boundary of the land district of Moruya,<br />

at Sugarloaf Mountain; by that boundary southerly to the eastern boundary of the county of<br />

Beresford at Big Badja; by that boundary northerly to the eastern boundary of the Parish of<br />

Jinjera, County of Murray; by that boundary and the generally northern boundary of that<br />

parish, northerly and generally westerly to the generally western boundary of Lot 113, DP<br />

754870; by part of that boundary northerly to a point east of a point approximately 110<br />

metres south of the north-eastern corner of Lot 1, DP 597911; by a line westerly to that point;<br />

by part of the eastern and southern boundaries of that lot and its prolongation, southerly and<br />

westerly to Ballinafad Creek and by that creek and Queanbeyan River, downwards and<br />

Tinderry Creek, upwards to the generally northern boundary of the Parish of Tantangera; by<br />

part of that boundary, westerly to the generally eastern boundary of Tinderry Nature Reserve,<br />

gazetted 23 rd January, 1981; by part of that boundary and the generally northern boundary of<br />

that reserve, generally northerly and generally westerly to Burra Creek; by that creek,<br />

downwards to the eastern prolongation of the southern boundary of Lot 34, DP 248084; by<br />

that prolongation, boundary and the southern boundaries of Lots 33, a line, 31, 30, westerly,<br />

the southern boundary of Lot 1, DP 839565, westerly and the southern boundaries of Lots 45,<br />

44 and 43, DP 259114, westerly to the ridge dividing the waters of Burra Creek from Deep<br />

Creek; by that ridge, generally south-westerly to the source of Deep Creek; by that creek,<br />

downwards to the Goulburn – Bombala Railway; by that railway, north-westerly<br />

to the generally eastern boundary between the State of New South Wales and the Australian<br />

Capital Territory; by that boundary, generally northerly to the western prolongation of the<br />

southern boundary of Lot 1, DP 576452; by that prolongation and boundary easterly, the<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


518 LEGISLATION 11 <strong>February</strong> 2004<br />

southern and part of the eastern boundaries of Lot 186, DP 754871 easterly and northerly, the<br />

southern boundary of Lot B, DP 163491 easterly to the left bank of Jerrabomberra Creek; by<br />

that bank downwards to the western prolongation of the southern boundary of Lot 37, DP<br />

754871; by that prolongation and boundary easterly, the southern and eastern boundaries of<br />

Lot 181, DP 754871 easterly and northerly, part of the southern, the eastern and the<br />

northernmost northern boundary of Lot 6, DP 754871 easterly, northerly and westerly, part of<br />

the northern boundary of Lot 5, DP 754871 westerly, the southern prolongation of the eastern<br />

boundary of Lot 4, DP 754871 and that boundary northerly, part of the southern and the<br />

eastern boundaries of Lot 203, DP 754871 easterly and northerly, part of the southern and the<br />

western boundaries of Lot 7001, DP 1027109 easterly and northerly, part of the western<br />

boundary of Lot 19, DP 270317 northerly, the western prolongation of the generally southern<br />

boundary of Lot 49, DP 270317 and that boundary easterly, the generally western boundary<br />

of Lot 49, DP 270317 and its prolongation generally northerly, part of the southern and part<br />

of the eastern boundaries of Lot Pt 48, DP 754881 easterly and northerly, the generally<br />

southern boundary of Lot 5, DP 867223 generally easterly, the southern and part of the<br />

generally eastern boundaries of Lot 9, DP 255493 easterly and generally northerly, part of the<br />

generally western, the generally north-western and the generally north-eastern boundaries of<br />

Lot 7, DP 592 796 generally northerly, generally north-easterly and generally south-easterly,<br />

the east most eastern, the south most northern, the west most eastern and part of the northern<br />

boundary of Lot 83, DP 754922 northerly, westerly, northerly and westerly, the southern<br />

prolongation of the eastern boundary of Lot 135, DP 754875 and that boundary northerly,<br />

part of the southern, the west most eastern, the south most northern and the eastern<br />

boundaries of Lot 88, DP 754875 easterly, northerly, easterly and northerly, the eastern<br />

boundaries of Lots 87 and 126, DP 754875 northerly, the generally southern and eastern<br />

boundaries of Lot 11, DP 1046608 generally easterly and northerly, a line northerly, the<br />

eastern boundary of Lot 12, DP 1046608 northerly, a line northerly, the eastern boundaries of<br />

Lot 2, DP 812850 and Lot 18, DP 614734 northerly, part of the southern and the western<br />

boundaries of Lot 118, DP 754875 westerly and northerly, the generally south western, west<br />

most eastern and north most southern boundaries of Lot 8, DP 261221 generally southeasterly,<br />

northerly and easterly to the left bank of Stoney Creek, by that bank downwards to<br />

the north-eastern corner of Lot 8, DP 261221; by a line north-westerly to the south-western<br />

corner of Lot 82, DP 754875; by the south-eastern boundary of Lot 82, DP 754875 northeasterly,<br />

part of the southern and the generally eastern boundaries of Lot 86, DP 754875<br />

easterly and generally northerly to the left back of the Molonglo River; by that bank<br />

downwards to the northern boundary of W & CR 53; by that boundary and its prolongation<br />

westerly, part of the eastern boundary of Lot Pt 1, DP 956848 northerly, a line northerly<br />

across Kings Highway, the eastern boundary of Lot 1, DP 456990 and its prolongation to the<br />

boundary between the State of New South Wales and the Australian Capital Territory,<br />

aforesaid, by that boundary generally easterly and generally north-westerly to the point of<br />

commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 519<br />

former Area means any or all of the following:<br />

that part of the former Area of Gunning which, by this Proclamation, is constituted the<br />

Eastern Capital City Regional Council<br />

that part of the former Area of Yarrowlumla which, by this Proclamation, is<br />

constituted the Eastern Capital City Regional Council<br />

that part of the former Area of Tallaganda which, by this Proclamation, is constituted<br />

the Eastern Capital City Regional Council<br />

that part of the former Area of Mulwaree which, by this Proclamation, is constituted<br />

the Eastern Capital City Regional Council<br />

former Council means any of the former Councils Tallaganda, Yarrowlumla, Mulwaree<br />

or Gunning.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Eastern Capital City Regional.<br />

new Council means the Eastern Capital City Regional Council.<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


520 LEGISLATION 11 <strong>February</strong> 2004<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Terry Bransdon (former Mayor of<br />

the former Yarrowlumla Shire Council) to direct and control the affairs of the new<br />

Council.<br />

(2) If Mr Terry Bransdon declines to be appointed as the Administrator, then the Minister<br />

may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Robert Morgan (former<br />

General Manager of the former Yarrowlumla Shire Council) for a period of six<br />

months commencing from 11 <strong>February</strong> 2004.<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is nine<br />

(9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 521<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be<br />

revoked or amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


522 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) Each of the following codes, policies and plans of the former Yarrowlumla Shire<br />

Council apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Tallaganda Shire Council is transferred to the Council of the Area<br />

of Eastern Capital City Regional.<br />

(b) the former Mulwaree Shire Council is transferred to a Council of the Areas of<br />

Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the Councils of the Areas of Greater Argyle, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

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11 <strong>February</strong> 2004 LEGISLATION 523<br />

(c) the former Gunning Shire Council is transferred to a Council of the Areas of<br />

Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the Councils of the Areas of Yass Valley, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

(d) the former Yarrowlumla Shire Council is transferred to a Council of the Areas<br />

of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern<br />

Capital City Regional as determined by agreement between the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut and<br />

Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Tallaganda Shire Council (a transferred<br />

staff member) is transferred to the Council of the Area of Eastern Capital City<br />

Regional.<br />

(b) each member of staff of the former Mulwaree Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Greater Argyle,<br />

Upper Lachlan or Eastern Capital City Regional as determined by agreement<br />

between the new Councils of the Areas of Greater Argyle, Upper Lachlan and<br />

Eastern Capital City Regional.<br />

(c) each member of staff of the former Yarrowlumla Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Cooma-Monaro,<br />

Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as<br />

determined by agreement between the new Councils of the Areas of Cooma-<br />

Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City<br />

Regional.<br />

(d) each member of staff of the former Gunning Shire Council (a transferred staff<br />

member) is transferred to a Council of the Areas of Yass Valley, Upper<br />

Lachlan or Eastern Capital City Regional as determined by agreement between<br />

the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital<br />

City Regional<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

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524 LEGISLATION 11 <strong>February</strong> 2004<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) It is intended that the making of any determinations as to the transfer of assets, rights<br />

and liabilities of the former Councils by virtue of the constitution of the new Area<br />

made in this Proclamation is to be in accordance with this clause:<br />

a. The assets, rights and liabilities of the former Tallaganda Shire Council are<br />

transferred to the Council of the Area of Eastern Capital City Regional.<br />

b. The assets, rights and liabilities of the former Mulwaree Shire Council are<br />

transferred to the Councils of the Areas of Greater Argyle, Upper Lachlan or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital<br />

City Regional.<br />

c. The assets, rights and liabilities of the former Yarrowlumla Shire Council are<br />

transferred to the Councils of the Areas of Cooma-Monaro, Greater<br />

Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as<br />

determined by agreement between the Councils of the Areas of Cooma-<br />

Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City<br />

Regional.<br />

d. The assets, rights and liabilities of the former Gunning Shire Council are<br />

transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City<br />

Regional.<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

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11 <strong>February</strong> 2004 LEGISLATION 525<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

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526 LEGISLATION 11 <strong>February</strong> 2004<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

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11 <strong>February</strong> 2004 LEGISLATION 527<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, Auswild & Co will be the Auditor of the new Council unless the Council<br />

appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the<br />

Act.<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Tallaganda, Yarrowlumla, Gunning and Mulwaree included in the<br />

new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

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528 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

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11 <strong>February</strong> 2004 LEGISLATION 529<br />

Schedule C<br />

Land included in the Greater Argyle Local <strong>Government</strong> Area<br />

Area about 3,231.80 square kilometres. Commencing at the confluence of the Paddys River<br />

with the Wollondilly River: and bounded thence by the latter river upwards to the generally<br />

northern boundary of the Parish of Norrong, County of Argyle; by part of that boundary<br />

generally westerly to the Tarlo River; by that river upwards to the generally northern<br />

boundary of the Parish of Rhyana; by that boundary generally westerly, part of the generally<br />

eastern and the generally southern boundaries of the Parish of Upper Tarlo, generally<br />

southerly and generally westerly to the range forming the generally south-eastern watershed<br />

of Pejar Dam; by that range, generally south-westerly to the source of Oxley Creek; by that<br />

creek and Wollondilly River, aforesaid, downwards to generally eastern boundary of the<br />

Parish of Gurrunda; by that boundary and the generally eastern boundaries of the parishes of<br />

Mutmutbilly and Millbang generally southerly to the the range forming the watershed between<br />

the Lachlan River and Collector Creek; by that range, generally north-easterly and generally<br />

easterly, the range forming the eastern watershed of Collector Creek, generally southerly, the<br />

Great Dividing range, generally southerly to the road from Bugendore to Goulburn; by that road<br />

northeasterly, the road forming the northern boundary of Portion 212, Parish of Merigan, the<br />

northern and an eastern boundary of Portion 213, a northern and a western boundary of<br />

Portion 282 easterly, southerly, again easterly and northerly to the southernmost generally<br />

southern boundary of Lot 1, D.P. 564552; by part of that boundary and part of the<br />

westernmost eastern boundary of Portion 294 and its prolongation generally easterly and<br />

northerly to the road forming the northernmost boundary of the lastmentioned portion; by that<br />

road easterly to the western boundary of the Goulburn to Bombala Railway Lands; by part of<br />

that boundary northerly to the western prolongation of the northern boundary of Portion 130;<br />

by that prolongation and boundary easterly to the road from Bungendore to Bungonia; by that<br />

road northeasterly of the range forming the eastern watershed of Merigan Creek; by that<br />

range generally northerly and a ridge within Portion 142 and its continuation generally<br />

southeasterly to Boro Creek; by that creek downwards to the eastern boundary of Portion 67;<br />

by part of the generally northeastern boundary of the Parish of Merigan generally<br />

southeasterly to Boro Creek of the western boundary of Portion 84, parish of Mulwaree,<br />

County of Argyle; again by Boro Creek and Shoalhaven River downwards and Kangaroo<br />

River and Bundanoon Creek upwards to a point approximately 150 metres north-west of the<br />

confluence of the last mentioned creek and Tallowa Gully; by a line westerly to the line of<br />

cliffs forming the north-western escarpment of Tallowa Gully by that escarpment generally<br />

south-westerly to Bull Point Gully; by that gully downwards and Tallowa Gully, aforesaid,<br />

upwards to the generally western boundary of the Parish of Caoura, County of Camden; by<br />

part of that boundary generally northerly to the northern boundary of Portion 44, Parish of<br />

Bumballa; by that boundary westerly, part of the eastern and part of the northern boundaries<br />

of Portion 18 northerly and westerly part of the eastern and part of the northern boundaries of<br />

Portion 16 northerly and westerly and the eastern boundary of Portion 14 and its prolongation<br />

northerly to the generally southern boundary of the Parish of Wingello; by part of that<br />

boundary generally westerly to the generally northern boundary of Lot 2, D.P. 71717; by part<br />

of that boundary generally westerly, part of the generally western boundary of Portion 190<br />

generally northerly, the southern and westernmost western boundaries of Portions 168<br />

westerly and northerly and the northern boundaries of Portions 175 and 111 (and its<br />

prolongation) westerly to the eastern boundary of Portion 103; by part of that boundary and<br />

its prolongation generally northerly to the generally western boundary of the Parish of<br />

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530 LEGISLATION 11 <strong>February</strong> 2004<br />

Wingello; by part of that boundary generally northerly to Paddys River, aforesaid and by that<br />

river downwards to the point of commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Goulburn City which, by this Proclamation, is<br />

constituted the Greater Argyle Council<br />

that part of the former Area of Mulwaree which, by this Proclamation, is constituted<br />

the Greater Argyle Council<br />

former Council means any of the former Councils Goulburn City or Mulwaree.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Greater Argyle.<br />

new Council means the Greater Argyle Council.<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 531<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Maxwell Hadlow (former Mayor<br />

of the former Goulburn City Council) to direct and control the affairs of the new<br />

Council.<br />

(2) If Mr Maxwell Hadlow declines to be appointed as the Administrator, then the<br />

Minister may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $80,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Don Cooper (former<br />

General Manager of the former Goulburn City Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is nine<br />

(9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

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532 LEGISLATION 11 <strong>February</strong> 2004<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be revoked or<br />

amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

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11 <strong>February</strong> 2004 LEGISLATION 533<br />

(2) Each of the following codes, policies and plans of the former Goulburn City Council<br />

apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Goulburn City Council is transferred to the Council of the Area of<br />

Greater Argyle.<br />

(b) the former Mulwaree Shire Council is transferred to a Council of the Areas of<br />

Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the new Councils of the Areas of Greater Argyle, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

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534 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Goulburn City Council (a transferred staff<br />

member) is transferred to the new Council of the Area of Greater Argyle.<br />

(b) each member of staff of the former Mulwaree Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Greater Argyle,<br />

Upper Lachlan or Eastern Capital City Regional as determined by agreement<br />

between the new Councils of the Areas of Greater Argyle, Upper Lachlan and<br />

Eastern Capital City Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) The assets, rights and liabilities of:<br />

a. The former Goulburn City Council are transferred to the Council of the Area<br />

of Greater Argyle.<br />

b. The former Mulwaree Shire Council are transferred to the Councils of the<br />

Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as<br />

determined by agreement between the Councils of the Areas of Greater<br />

Argyle, Upper Lachlan and Eastern Capital City Regional.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 535<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


536 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer effected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 537<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Goulburn City and Mulwaree included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


538 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 539<br />

Schedule D<br />

Land included in the Greater Queanbeyan City Local <strong>Government</strong> Area<br />

Area about 172.88 square kilometres. Commencing at the intersection of the western<br />

prolongation of the southern boundary of Lot 1, DP 576452 and the boundary between the<br />

State of New South Wales and the Australian Capital Territory: and bounded thence by that<br />

prolongation and boundary easterly, the southern and part of the eastern boundaries of Lot<br />

186, DP 754871 easterly and northerly, the southern boundary of Lot B, DP 163491 easterly<br />

to the left bank of Jerrabomberra Creek; by that bank downwards to the western prolongation<br />

of the southern boundary of Lot 37, DP 754871; by that prolongation and boundary easterly,<br />

the southern and eastern boundaries of Lot 181, DP 754871 easterly and northerly, part of the<br />

southern, the eastern and the northernmost northern boundary of Lot 6, DP 754871 easterly,<br />

northerly and westerly, part of the northern boundary of Lot 5, DP 754871 westerly, the<br />

southern prolongation of the eastern boundary of Lot 4, DP 754871 and that boundary<br />

northerly, part of the southern and the eastern boundaries of Lot 203, DP 754871 easterly and<br />

northerly, part of the southern and the western boundaries of Lot 7001, DP 1027109 easterly<br />

and northerly, part of the eastern boundary of Lot 19, DP 270317 northerly, the western<br />

prolongation of the generally southern boundary of Lot 49, DP 270317 and that boundary<br />

easterly, the generally western boundary of Lot 49, DP 270317 and its prolongation generally<br />

northerly, part of the southern and part of the eastern boundaries of Lot Pt 48, DP 754881<br />

easterly and northerly, the generally southern boundary of Lot 5, DP 867223 generally<br />

easterly, the southern and part of the generally eastern boundaries of Lot 9, DP 255493<br />

easterly and generally northerly, part of the generally western, the generally north-western<br />

and the generally north-eastern boundaries of Lot 7, DP 592 796 generally northerly,<br />

generally north-easterly and generally south-easterly, the east most eastern, the south most<br />

northern, the west most eastern and part of the northern boundary of Lot 83, DP 754922<br />

northerly, westerly, northerly and westerly, the southern prolongation of the eastern boundary<br />

of Lot 135, DP 754875 and that boundary northerly, part of the southern, the west most<br />

eastern, the south most northern and the eastern boundaries of Lot 88, DP 754875 easterly,<br />

northerly, easterly and northerly, the eastern boundaries of Lots 87 and 126, DP 754875<br />

northerly, the generally southern and eastern boundaries of Lot 11, DP 1046608 generally<br />

easterly and northerly, a line northerly, the eastern boundary of Lot 12, DP 1046608<br />

northerly, a line northerly, the eastern boundaries of Lot 2, DP 812850 and Lot 18, DP<br />

614734 northerly, part of the southern and the western boundaries of Lot 118, DP 754875<br />

westerly and northerly, the generally south western, west most eastern and north most<br />

southern boundaries of Lot 8, DP 261221 generally south-easterly, northerly and easterly to<br />

the left bank of Stoney Creek, by that bank downwards to the north-eastern corner of Lot 8,<br />

DP 261221; by a line north-westerly to the south-eastern corner of Lot 82, DP 754875; by the<br />

south-eastern boundary of Lot 82, DP 754875 north-easterly, part of the southern and the<br />

generally eastern boundaries of Lot 86, DP 754875 easterly and generally northerly to the left<br />

back of the Molonglo River; by that bank downwards to the northern boundary of W & CR<br />

53; by that boundary and its prolongation westerly, part of the eastern boundary of Lot Pt 1,<br />

DP 956848 northerly, a line northerly across Kings Highway, the eastern boundary of Lot 1,<br />

DP 456990 and its prolongation to the boundary between the State of New South Wales and<br />

the Australian Capital Territory, aforesaid, by that boundary generally westerly, southwesterly<br />

and generally southerly to the point of commencement.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


540 LEGISLATION 11 <strong>February</strong> 2004<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Queanbeyan which, by this Proclamation, is<br />

constituted the Greater Queanbeyan City Council<br />

that part of the former Area of Yarrowlumla which, by this Proclamation, is<br />

constituted the Greater Queanbeyan City Council<br />

former Council means any of the former Councils Queanbeyan City or Yarrowlumla.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Greater Queanbeyan City.<br />

new Council means the Greater Queanbeyan City Council.<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a. the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b. the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c. the conduct of the election by the State Electoral Commissioner, and<br />

d. any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 541<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Frank Pangallo (former Mayor of<br />

the former Queanbeyan City Council) to direct and control the affairs of the new<br />

Council.<br />

(2) If Mr Frank Pangallo declines to be appointed as the Administrator, then the Minister<br />

may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $80,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Hugh Percy (former<br />

General Manager of the former Queanbeyan City Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of<br />

the new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is ten<br />

(10).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

7 Election of Mayor<br />

(1) The Mayor of the new Council is to be elected by the electors as referred to in<br />

sections 227(b), 282 and 289 of the Act at the first election.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


542 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be<br />

revoked or amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

(2) Each of the following codes, policies and plans of the former Queanbeyan City<br />

Council apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 543<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Queanbeyan City Council is transferred to the Council of the Area<br />

of Greater Queanbeyan City.<br />

(b) the former Yarrowlumla Shire Council is transferred to a Council of the Areas<br />

of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or Eastern<br />

Capital City Regional as determined by agreement between the Councils of<br />

the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley<br />

and Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


544 LEGISLATION 11 <strong>February</strong> 2004<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Queanbeyan City Council (a transferred<br />

staff member) is transferred to the Council of the Area of Greater Queanbeyan<br />

City.<br />

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Cooma-Monaro,<br />

Greater Queanbeyan City, Tumut, Yass Valley or Eastern Capital City<br />

Regional as determined by agreement between the Councils of the Areas of<br />

Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern<br />

Capital City Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) The assets, rights and liabilities of:<br />

a. The former Queanbeyan City Council are transferred to the Council of the<br />

Area of Greater Queanbeyan City.<br />

b. The former Yarrowlumla Shire Council are transferred to the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut,<br />

Yass Valley and Eastern Capital City Regional.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 545<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


546 LEGISLATION 11 <strong>February</strong> 2004<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 547<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Queanbeyan and Yarrowlumla included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


548 LEGISLATION 11 <strong>February</strong> 2004<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

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11 <strong>February</strong> 2004 LEGISLATION 549<br />

Schedule E<br />

Land included in the Tumut Local <strong>Government</strong> Area<br />

Area about 4,579.09 square kilometres. Commencing on the right bank of Tarcutta Creek at<br />

the northwestern corner of portion 94, Parish of Hillas, County of Wynyard: and bounded<br />

thence by the northern boundary of that portion, part of the western boundary of portion 16<br />

and a line along the northern boundary of the said portion 16 and 17 easterly, northerly and<br />

again easterly to Bago Creek; by that creek upwards to its intersection with a line along the<br />

southern boundary of portion 27 and 10; by that line and part of the eastern boundary of<br />

portion 10 easterly and northerly to the southwestern corner of portion 13; by the southern<br />

boundary of that portion easterly to the generally southwestern boundary of the Parish of<br />

Selwyn; by that boundary generally south-easterly to the generally western boundary of the<br />

Parish of Buddong, County of Selwyn; by the boundaries of that parish generally southerly<br />

and generally easterly to Honeysuckle Creek; by that creek downwards and the Tumut River<br />

and Happy Jack’s River upwards to its intersection with a line parallel to and about 550<br />

metres east of the western boundary of portion 9, Parish of Scott, by that line (being also the<br />

former eastern boundary of the Parish of Table Top) northerly to its intersection with the<br />

generally western boundary of the County of Wallace; by that boundary generally northerly<br />

to the Murrumbidgee River (North Branch); by that river upwards to the generally western<br />

boundary of the County of Cowley; by part of that boundary generally north-easterly to<br />

Gurrangorambla Range; by that range generally southerly and generally south-easterly to the<br />

generally south-eastern boundary of the Parish of Cooleman, County of Cowley; by that<br />

boundary generally north-easterly to the boundary between the State of New South Wales<br />

and the Australian Capital Territory; by that boundary generally northerly to the source of<br />

Fastigata Creek; by a line westerly to Webbs Ridge; by that ridge generally north-easterly to<br />

the north-eastern corner of Lot3, DP 751811; by part of the eastern boundary of Lot4, DP<br />

751811 northerly to the western prolongation of the eastmost northern boundary of the Parish<br />

of Cooree; by that prolongation westerly to the Goodradigbee River; by that river downwards<br />

and Nottingham Creek upwards to the generally southern boundary of the Parish of Wee<br />

Jasper, County of Buccleuch; by that boundary and the generally western boundary of that<br />

parish, generally westerly and generally northerly, the generally north-eastern, the generally<br />

northern and part of the generally western boundaries of the parish of Cowrajogo, and a line<br />

along the western boundary of portion 81 generally northerly, generally westerly, generally<br />

southerly and southerly to the northern boundary of portion 9 REM; again by part of the said<br />

generally western boundary of the parish generally southerly to Shaking Bog Creek; by that<br />

creek downwards to its intersection with a line along the southern boundary of portion 229,<br />

Parish of Wyangle; by that line westerly to the southeastern corner of that portion; by the<br />

eastern boundary of that portion and portion 224 northerly; by the generally northern<br />

boundary of that parish and part of the generally northern boundary of the Parish of Brungle<br />

generally westerly to the northwestern corner of portion 226; by part of the western boundary<br />

of that portion, the generally northern boundary of portion 312 and part of the northern<br />

boundary of the former portion 262 shown in plan catalogued B1044-1713 generally westerly<br />

to the south-eastern corner of the former portion 144 shown in plan catalogued B1406-1713;<br />

by the eastern and a line along the northern boundary of that portion northerly and westerly to<br />

the eastern boundary of portion 143; by part of that boundary northerly to the said generally<br />

northern boundary of the Parish of Brungle; by that boundary generally westerly to the Tumut<br />

River; by that river upwards; by the generally northern boundary of the Parish of Minjary,<br />

County of Wynyard, generally westerly to the easternmost northeastern corner of the former<br />

portion 205 shown in plan catalogued W2532-2119; by the easternmost eastern and the<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


550 LEGISLATION 11 <strong>February</strong> 2004<br />

generally southern boundary of that portion southerly, westerly and again southerly to the<br />

northernmost northeastern corner of portion 167, Parish of Calagat; by the generally northern<br />

boundaries of that parish and the Parish of Euadera generally westerly and generally<br />

southeasterly to the northernmost northern boundary of portion 266, Parish of Ellerslie; by<br />

the boundaries of that portion westerly, southerly, again westerly and southerly and again<br />

westerly to the northeastern corner of portion 26; by a line along the northern boundary of<br />

that portion and portion 9 westerly to the northwestern corner of that portion; by a line along<br />

the western boundary of that portion southerly to the northern boundary of portion 89; by part<br />

of that boundary and part of the western boundary of that portion, the northern-most northern<br />

boundary of portion 90 and part of the eastern boundary and the southern boundary of portion<br />

76 westerly, southerly, again westerly, again southerly and again westerly to the northeastern<br />

corner of portion 22; by part of the southwestern boundary of that portion southeasterly to its<br />

intersection with a line along the northern boundary of portion 74; by that line westerly to<br />

Yaven Yaven Creek; by that creek upwards to the mountain range forming the generally<br />

eastern boundary of portions 101, 103, 102 and 49, Parish of Blanch, and the generally<br />

southern boundary of portion 49 generally southerly and generally westerly to the range<br />

forming the generally eastern boundary of portions 35, 93, 91, 104, 89 and 26 and the<br />

generally northeastern boundary of portions 130, 129, 73, 120 and 80, Parish of Oberne,<br />

generally southerly and generally southeasterly to the northernmost corner of lot 1, Deposited<br />

Plan 212749, by the northeastern boundaries of that lot generally southeasterly to the<br />

mountain range forming the boundary between portions 66 and 68, Parish of Dutzon; by that<br />

range generally southerly to the northwestern corner of portion 101, Parish of Mate; by the<br />

boundaries of that portion generally southerly and generally southeasterly to the boundary<br />

dividing the Eastern and Central Divisions; by the boundary generally southeasterly to<br />

Tarcutta Creek; and by that creek upward to the point of commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Tumut which, by this Proclamation, is constituted the<br />

Tumut Council<br />

that part of the former Area of Yarrowlumla which, by this Proclamation, is<br />

constituted the Tumut Council<br />

former Council means any of the former Councils Tumut or Yarrowlumla.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Tumut.<br />

new Council means the Tumut Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 551<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Geoff Pritchard (former Mayor of<br />

the former Tumut Shire Council) to direct and control the affairs of the new Council.<br />

(2) If Mr Geoff Pritchard declines to be appointed as the Administrator, then the Minister<br />

may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Chris Adams (former<br />

General Manager of the former Tumut Shire Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

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552 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is<br />

seven (9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 553<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be<br />

revoked or amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

(2) Each of the following codes, policies and plans of the former Tumut Shire Council<br />

apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


554 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Tumut Shire Council is transferred to the Council of the Area of<br />

Tumut.<br />

(b) the former Yarrowlumla Shire Council is transferred to a Council of the Areas<br />

of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern<br />

Capital City Regional as determined by agreement between the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut and<br />

Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Tumut Shire Council (a transferred staff<br />

member) is transferred to the Council of the Area of Tumut.<br />

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Cooma-Monaro,<br />

Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as<br />

determined by agreement between the new Councils of the Areas of Cooma-<br />

Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City<br />

Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 555<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) The assets, rights and liabilities of:<br />

a. The former Tumut Shire Council are transferred to a Council of the Area of<br />

Tumut.<br />

b. The former Yarrowlumla Shire Council are transferred to the Councils of the<br />

Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley,<br />

Tumut and Eastern Capital City Regional.<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

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556 LEGISLATION 11 <strong>February</strong> 2004<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 557<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, Dawson and Partners will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


558 LEGISLATION 11 <strong>February</strong> 2004<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Tumut and Yarrowlumla included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

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11 <strong>February</strong> 2004 LEGISLATION 559<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

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560 LEGISLATION 11 <strong>February</strong> 2004<br />

Schedule F<br />

Land included in the Upper Lachlan Local <strong>Government</strong> Area<br />

Area about 7,412.44 square kilometres. Commencing at the confluence of the Lachlan and<br />

Abercrombie Rivers at Lake Wyangala: and bounded thence by the former river and Old Man<br />

Gunyah Creek upwards to the generally western boundary of Portion 139, Parish of Opton,<br />

County of King; by that boundary and the generally western boundaries of Portions 151, a<br />

line, 141 and 143 generally southerly to the range forming the eastern watershed of Pudman<br />

Creek; by that range generally southerly to the generally western boundary of Portion 185,<br />

Parish of Blakney; by that boundary and the generally western boundaries of Portions 71, 134<br />

and 182 (part) generally southerly to the eastern prolongation of the generally southern<br />

boundary of Portion 64; by that prolongation and part of that boundary generally westerly to<br />

the range forming the south-eastern watershed of Pudman Creek; by that range generally<br />

south-westerly to the eastern boundary of Lot 2, D.P. 211320; by part of that boundary<br />

southerly and part of the southern boundary of that lot westerly to the northern prolongation<br />

of the eastern boundary of Portion 68; by that prolongation and boundary southerly and the<br />

generally south-eastern boundary of that portion, a line and the generally south-eastern<br />

boundary of Portion 69, generally south-westerly, the generally south-eastern and generally<br />

south-western boundaries of Portion 27, generally south-westerly and generally northwesterly,<br />

the generally southern boundaries of Portions 49, 298, a line and 295, Parish of<br />

Crosby, generally westerly, the generally southern and generally western boundaries of<br />

Portion 234, generally westerly and generally northerly, the generally western boundary of<br />

Portion 264, generally northerly, the generally south-western boundaries of Portions 265, 309<br />

and 48, and a line generally north-westerly, part of the southernmost southern and part of the<br />

generally western boundaries of Portion 301, westerly and generally northerly to the range<br />

forming the north-eastern watershed of Kangiara Creek; by that range generally northwesterly<br />

to the eastern boundary of Portion 224, Parish of Olney; by that boundary and the<br />

generally north-eastern boundary of that portion, northerly and generally north-westerly, part<br />

of the eastern and the northern boundaries of Portion 211, northerly and westerly, the<br />

easternmost eastern boundary of Portion 312, northerly, the southern and part of the western<br />

boundaries of Portion 184, westerly and northerly, the generally southern boundaries of<br />

Portions 310, 311, 314 and 315, generally westerly, the generally south-eastern boundaries of<br />

Portions 150, 317 and Portions 213 and 216, Parish of Taunton, generally south-westerly,<br />

part of the northern, the western and part of the southern boundaries of Portion 234, westerly,<br />

southerly and easterly, the northern prolongation of the eastern boundary of Portion 146, that<br />

boundary and its prolongation, southerly, part of the northern boundary of Portion 156,<br />

westerly, part of the eastern and the northern boundaries of Portion 147, northerly and<br />

westerly, a line, the northern boundaries of Portions 133 and 161 and their prolongation<br />

westerly, part of the eastern and southern boundaries of Portion 9, southerly and westerly, the<br />

easternmost eastern, the generally northern and part of the western boundaries of Portion 25,<br />

northerly, generally westerly and southerly, the eastern prolongation of the southern<br />

boundary of Portion 130, that boundary, the southern boundary of Portion 125 and its<br />

prolongation, westerly, part of the north-eastern, the eastern and the southern boundaries of<br />

Portion 124, south-easterly, southerly and westerly, the southern boundary of Portion 99 and<br />

its prolongation westerly to Boorowa River; by that river downwards to the generally<br />

northern boundary of the Parish of Eubindal, County of Harden; by that boundary and part of<br />

the generally western boundary of that parish, generally westerly and generally southerly to<br />

the range forming the generally south-western watershed of the Boorowa River; by that range<br />

generally south-easterly, the range forming the generally south-western watershed of Blakney<br />

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11 <strong>February</strong> 2004 LEGISLATION 561<br />

Creek, generally south-easterly, Mundoonen range, generally south-easterly, Cullarin range,<br />

generally northerly to the road from Gunning to Collector; by that road, generally easterly and<br />

the Federal Highway, generally north-easterly to the range forming the eastern watershed of<br />

Collector Creek; by that range and the range forming the watershed between the Lachlan River<br />

and Collector Creek, generally north-westerly and generally westerly to the generally eastern<br />

boundary of the Parish of Milbang; by that boundary and the generally eastern boundaries of<br />

the Parishes of Mutmutbilly and Gurrunda generally northerly to Wollondilly River; by that<br />

river upwards and Oxley Creek, upwards to it’s source in the range forming the generally<br />

south-eastern watershed of Pejar Dam; by that range, generally north-easterly to the generally<br />

southern boundary of the Parish of Upper Tarlo; by part of that boundary and part of the<br />

generally eastern boundary of that parish, generally easterly and generally northerly and the<br />

generally northern boundary of the Parish of Rhyana, generally easterly to the Tarlo River;<br />

by that river downwards to the generally northern boundary of the Parish of Norrong; by part<br />

of that boundary, generally easterly to the Wollondilly River, aforesaid: by that river,<br />

downwards and Guineacor; Mares Forest and Wombeyan Creeks upwards to the generally<br />

southern boundary of the Parish of St Columba, County of Westmoreland; by part of that<br />

boundary easterly and part of the generally eastern boundary of that parish generally<br />

northerly to the western prolongation of the northern boundary of Portion 60, Parish of<br />

Guineacor; by that prolongation easterly to the generally northern boundary of the parish; by<br />

part of that boundary generally easterly to Murruin Creek; by that creek, Shivering Creek and<br />

an eastern branch of Shivering Creek upward to the source of the last mentioned creek at<br />

Mount Shivering; by a ridge from that mount north-easterly and Murruin Range generally<br />

north-westerly to the eastern corner of Portion 2, Parish of Banshea; by the south-eastern<br />

boundaries of that portion and Portion 1 southerly to the generally south-western boundary of<br />

that parish; by part of that boundary and part of the generally south-western boundary of the<br />

Parish of Abercorn generally north-westerly to the western corner of Portion 8; by a line<br />

southerly to the source of a northern branch of Abercrombie River, aforesaid, and by that<br />

branch and river downwards to the point of commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Gunning which, by this Proclamation, is constituted the<br />

Upper Lachlan Council<br />

that part of the former Area of Crookwell which, by this Proclamation, is constituted<br />

the Upper Lachlan Council<br />

that part of the former Area of Mulwaree which, by this Proclamation, is constituted<br />

the Upper Lachlan Council<br />

that part of the former Area of Yass which, by this Proclamation, is constituted the<br />

Upper Lachlan Council<br />

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562 LEGISLATION 11 <strong>February</strong> 2004<br />

former Council means any of the former Councils Yass, Crookwell, Mulwaree or<br />

Gunning.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Upper Lachlan.<br />

new Council means the Upper Lachlan Council.<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Brian McCormack (former Mayor<br />

of the former Crookwell Shire Council) to direct and control the affairs of the new<br />

Council.<br />

(2) If Mr Brian McCormack declines to be appointed as the Administrator, then the<br />

Minister may appoint an alternate person as the Administrator.<br />

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11 <strong>February</strong> 2004 LEGISLATION 563<br />

(3) The Administrator will be paid $34,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Philip Harvey (former<br />

General Manager of the former Crookwell Shire Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is nine<br />

(9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

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564 LEGISLATION 11 <strong>February</strong> 2004<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be<br />

revoked or amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

(2) Each of the following codes, policies and plans of the former Crookwell Shire<br />

Council apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

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11 <strong>February</strong> 2004 LEGISLATION 565<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Crookwell Shire Council is transferred to the Council of the Area of<br />

Upper Lachlan.<br />

(b) the former Gunning Shire Council is transferred to a Council of the Areas of<br />

Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the Councils of the Areas of Yass Valley, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

(c) the former Yass Shire Council is transferred to a Council of the Areas of Yass<br />

Valley or Upper Lachlan as determined by agreement between the Councils of<br />

the Areas of Yass Valley and Upper Lachlan.<br />

(d) the former Mulwaree Shire Council is transferred to a Council of the Areas of<br />

Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the Councils of the Areas of Greater Argyle, Upper<br />

Lachlan or Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

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566 LEGISLATION 11 <strong>February</strong> 2004<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Crookwell Shire Council (a transferred<br />

staff member) is transferred to the new Council of the Area of Upper Lachlan.<br />

(b) each member of staff of the former Gunning Shire Council (a transferred staff<br />

member) is transferred to a Council of the Areas of Yass Valley, Upper<br />

Lachlan or Eastern Capital City Regional as determined by agreement between<br />

the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital<br />

City Regional.<br />

(c) each member of staff of the former Yass Shire Council (a transferred staff<br />

member) is transferred to a Council of the Areas of Yass Valley or Upper<br />

Lachlan as determined by agreement between the Councils of the Areas of<br />

Yass Valley or Upper Lachlan.<br />

(d) each member of staff of the former Mulwaree Shire Council (a transferred<br />

staff member) is transferred to a Council of the Areas of Greater Argyle,<br />

Upper Lachlan or Eastern Capital City Regional as determined by agreement<br />

between the Councils of the Areas of Greater Argyle, Upper Lachlan and<br />

Eastern Capital City Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

17 Transfer of assets, rights and liabilities<br />

(1) It is intended that the making of any determinations as to the transfer of assets, rights<br />

and liabilities by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

a. The assets, rights and liabilities of the former Crookwell Shire Council are<br />

transferred to the Council of the Area of Upper Lachlan.<br />

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11 <strong>February</strong> 2004 LEGISLATION 567<br />

b. The assets, rights and liabilities of the former Gunning Shire Council are<br />

transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City<br />

Regional.<br />

c. The assets, rights and liabilities of the former Yass Shire Council are<br />

transferred to the Councils of the Areas of Yass Valley or Upper Lachlan as<br />

determined by agreement between the Councils of the Areas of Yass Valley or<br />

Upper Lachlan.<br />

d. The assets, rights and liabilities of the former Mulwaree Shire Council are<br />

transferred to the Councils of the Areas of Greater Argyle, Upper Lachlan or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital<br />

City Regional.<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

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568 LEGISLATION 11 <strong>February</strong> 2004<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

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11 <strong>February</strong> 2004 LEGISLATION 569<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, Alan Morse & Co. will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


570 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Crookwell, Yass, Mulwaree and Gunning included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

24 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 571<br />

25 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


572 LEGISLATION 11 <strong>February</strong> 2004<br />

Schedule G<br />

Land included in the Yass Valley Local <strong>Government</strong> Area<br />

Area about 3635.04 square kilometres. Commencing at the intersection of the Murrumbidgee<br />

River and the boundary between the State of New South Wales and the Australian Capital<br />

Territory, near Cusacks Crossing: and bounded thence by that boundary, generally southwesterly<br />

to the source of Fastigata Creek; by a line westerly to Webbs Ridge; by that ridge<br />

generally north-easterly to the north-eastern corner of Lot 3, DP 751811; by part of the<br />

eastern boundary of Lot 4, DP 751811 northerly to the western prolongation of the eastmost<br />

northern boundary of the Parish of Cooree, County of Cowley; by that prolongation westerly<br />

to the Goodradigbee River; by that river downwards to Nottingham Creek; by that creek<br />

upwards to the south-eastern corner of Portion 19, Parish of Weejasper, County of Buccleuch;<br />

by the southern boundary of that portion, part of an eastern and the southernmost boundary of<br />

Portion 27, and the southern boundary of Portion 26, easterly, southerly and again westerly to<br />

the south-western corner of the said Portion 26; by the generally western boundary of the<br />

Parishes of Weejasper and West Goodradigbee generally northerly to the Murrumbidgee River;<br />

by that river downwards to the generally western boundary of the Parish of Talmo, County of<br />

Harden; by part of that boundary generally northerly, the western, southern and eastern<br />

boundaries of Lot A, D.P. 358100 southerly, easterly and northerly, again the generally western<br />

boundary of the Parish of Talmo generally northerly to the north-western corner of Portion 96;<br />

by the southernmost western boundary of Portion 347, Parish of Bookham and the former<br />

generally western boundary of that Parish generally northerly to the road forming part of the<br />

western boundary of Portion 344; by that road, part of the generally western boundary of that<br />

Parish and part of the generally western boundary of the Parish of Mylora generally northerly to<br />

the north-western corner of Portion 201; by part of the northern boundary of that Portion easterly<br />

to its intersection with a line along the western boundary of Portion 189; by that line and that<br />

boundary, and part of the southern and the western boundaries of Portion 80, northerly, westerly<br />

and again northerly to Jugiong Creek; by that creek downwards to the generally western<br />

boundary of the Parish of Mylora; by part of that boundary northerly, the southern, the western<br />

and part of the northern boundaries of Lot 102, D.P. 753618 westerly, northerly and easterly, the<br />

generally western and generally north-western boundaries of the Parish of Binalong generally<br />

northerly and generally north- easterly, part of the generally western boundary of the Parish of<br />

Eubindal, generally northerly to the range forming the generally south-western watershed of the<br />

Boorowa River; by that range generally south-easterly, the range forming the generally southwestern<br />

watershed of Blakney Creek, generally south-easterly, Mundoonen range, generally<br />

south-easterly, Cullarin range, generally northerly to the road from Gunning to Collector; by<br />

that road, generally easterly and the Federal Highway, generally south-westerly to the to the<br />

generally north-eastern boundary between the State of New South Wales and the Australian<br />

Capital Territory; by that boundary, and the north-western, aforesaid, boundary, generally<br />

north-westerly and south-westerly to the point of commencement.<br />

1 Definitions<br />

In this Schedule:<br />

clause means a clause in this schedule.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 573<br />

Director General means the Director General of the Department of Local <strong>Government</strong>.<br />

former Area means any or all of the following:<br />

that part of the former Area of Gunning which, by this Proclamation, is constituted the<br />

Yass Valley Council<br />

that part of the former Area of Yarrowlumla which, by this Proclamation, is<br />

constituted the Yass Valley Council<br />

that part of the former Area of Yass which, by this Proclamation, is constituted the<br />

Yass Valley Council<br />

former Council means any of the former Councils Yass, Yarrowlumla or Gunning.<br />

Minister means the Minister for Local <strong>Government</strong>.<br />

new Area means the new Area of Yass Valley.<br />

new Council means the Yass Valley Council.<br />

proclamation date means 11 <strong>February</strong> 2004.<br />

the Act means the Local <strong>Government</strong> Act 1993.<br />

2 First election<br />

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.<br />

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary<br />

elections shall be taken to apply to the first election of the councillors.<br />

(3) For the purposes of:<br />

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at<br />

the election, and<br />

b) the entitlements of persons to be nominated for election as Councillors for the new<br />

Area at the election, and<br />

c) the conduct of the election by the State Electoral Commissioner, and<br />

d) any other matter relating to the election,<br />

the new Area is taken to have been constituted on the date of publication of this<br />

Proclamation.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


574 LEGISLATION 11 <strong>February</strong> 2004<br />

3 Administration of new Council for interim period<br />

(1) For the interim period between 11 <strong>February</strong> 2004 and the declaration of the first<br />

election, one Administrator is appointed and is Mr Nic Carmody (former Mayor of the<br />

former Yass Shire Council) to direct and control the affairs of the new Council.<br />

(2) If Mr Nic Carmody declines to be appointed as the Administrator, then the Minister<br />

may appoint an alternate person as the Administrator.<br />

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim<br />

period.<br />

(4) For the purposes of the Local <strong>Government</strong> Act 1993, the Administrator does not hold<br />

an office or a position of profit under the new Council.<br />

4 Appointment of Acting General Manager<br />

(1) The Acting General Manager of the new Area shall be Mr Greg Smith (former<br />

General Manager of the former Yass Shire Council) for a period of six months<br />

commencing from 11 <strong>February</strong> 2004.<br />

(2) The General Manager of the new Council is to be confirmed at the first meeting of the<br />

new Council after the six month period, or otherwise recruitment processes<br />

commenced.<br />

5 Number of Councillors<br />

(1) The number of Councillors to be elected to the new Council at its first election is nine<br />

(9).<br />

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the<br />

first election the number of its Councillors under section 224 of the Act.<br />

6 Ward Structure<br />

(1) The new Council shall not be divided into wards for the first election.<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to obtain approval to divide its Area into<br />

wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.<br />

7 Election of Mayor following the first election<br />

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in<br />

sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting<br />

following the first election.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 575<br />

(2) Nothing in subclause (1) limits the power of the new Council following the first<br />

election to hold a constitutional referendum to determine the basis on which the<br />

Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.<br />

8 Appointment of the General Manager and other senior staff<br />

The operation of this clause and clause 4 is not to be regarded as a breach of contract<br />

between a former Council or the new Council and a senior staff member (including a<br />

General Manager).<br />

9 Activities of former Councils<br />

(1) Anything that was done or omitted to be done by a former Council and that had effect<br />

immediately before the proclamation date continues to have effect as if it had been<br />

done or omitted to be done by the new Council.<br />

(2) Anything that was commenced by a former Council may be completed by the new<br />

Council as if it had been commenced by the new Council.<br />

(3) Without limiting subclause (1) any approval, order or notice that was given or made<br />

by a former Council, and that had effect immediately before the proclamation date,<br />

continues to have effect as if it had been done or made by the new Council.<br />

10 Delegations<br />

(1) Any delegation from a former Council that was in force immediately before the<br />

proclamation date is taken to be a delegation from the new council and may be revoked or<br />

amended accordingly.<br />

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations<br />

under the relevant provisions of the Act.<br />

11 Codes, policies and plans<br />

(1) The following policy and plan of the new Council are, as far as practicable, to be a<br />

composite of the corresponding policies and plans of each of the former Councils:<br />

a. local policies for approvals and orders (Part 3 of Chapter 7),<br />

b. management plan (Part 2 of Chapter 13).<br />

(2) Each of the following codes, policies and plans of the former Yass Shire Council<br />

apply, as far as practicable, to the new Council:<br />

a. code of conduct (section 440),<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


576 LEGISLATION 11 <strong>February</strong> 2004<br />

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),<br />

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),<br />

d. EEO management plan (Part 4 of Chapter 11).<br />

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the<br />

new Council when the new Council adopts a new code, policy or plan under the<br />

relevant provisions of the Act.<br />

12 Fees<br />

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to<br />

the Mayor of the new Council is to be equal to the highest of the corresponding fees<br />

paid by the former Councils.<br />

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council<br />

fixes the annual fee in accordance with the appropriate determination of the Local<br />

<strong>Government</strong> Remuneration Tribunal.<br />

13 Organisation Structure<br />

The initial organisation structure of the new Council is, as far as practicable, to be a<br />

composite of the organisation structures of each of the former Councils.<br />

14 Transfer of Senior Staff<br />

(1) Any position that, immediately before the proclamation date, was a senior staff<br />

position of:<br />

(a) the former Gunning Shire Council is transferred to a Council of the Areas of<br />

Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined<br />

by agreement between the new Councils of the Areas of Yass Valley, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

(b) the former Yass Shire Council is transferred to a Council of the Areas of Yass<br />

Valley, Upper Lachlan or Eastern Capital City Regional as determined by<br />

agreement between the new Councils of the Areas of Yass Valley, Upper<br />

Lachlan and Eastern Capital City Regional.<br />

(c) the former Yarrowlumla Shire Council is transferred to a Council of the Areas<br />

of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley or Eastern<br />

Capital City Regional as determined by agreement between the new Councils<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 577<br />

of the Areas of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley and<br />

Eastern Capital City Regional.<br />

(2) The senior staff of each former Council are taken to be the senior staff of the new<br />

Council as determined with reference to subclause (1).<br />

(3) This clause ceases to have effect when a new organisation structure is determined by<br />

the new Council under Part 1 of Chapter 11 of the Act.<br />

15 Transfer of other staff<br />

(1) It is intended that the making of any determinations as to the transfer of staff (other<br />

than senior staff) by virtue of the constitution of the new Area made in this Proclamation<br />

is to be in accordance with this clause:<br />

(a) each member of staff of the former Gunning Shire Council (a transferred staff<br />

member) is transferred to the Council of the Areas of Yass Valley, Upper<br />

Lachlan or Eastern Capital City Regional as determined by agreement between<br />

the new Councils of the Areas of Yass Valley, Upper Lachlan and Eastern<br />

Capital City Regional.<br />

(b) each member of staff of the former Yass Shire Council (a transferred staff<br />

member) is transferred to the Council of the Areas of Yass Valley or Upper<br />

Lachlan as determined by agreement between the new Councils of the Areas<br />

of Yass Valley and Upper Lachlan.<br />

(c) each member of staff of the former Yarrowlumla Shire Council (a transferred<br />

staff member) is transferred to the Council of the Areas of Cooma-Monaro,<br />

Greater Queanbeyan, Tumut, Yass Valley or Eastern Capital City Regional as<br />

determined by agreement between the Councils of the Areas of Cooma-<br />

Monaro, Greater Queanbeyan, Tumut, Yass Valley and Eastern Capital City<br />

Regional.<br />

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of<br />

a transferred staff member.<br />

16 Additional employment protection<br />

(1) For the period between 11 <strong>February</strong> 2004 and 1 May 2004 staff employed under an<br />

award wage or other industrial instrument approved by the Industrial Relations<br />

Commission may not be unreasonably based outside the general locality in which they<br />

were based immediately before the transfer without their approval.<br />

(2) For the period between 11 <strong>February</strong> 2004 and 1 May 2004, no staff employed under<br />

an award wage or other industrial instrument approved by the Industrial Relations<br />

Commission are to be made redundant without their approval.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


578 LEGISLATION 11 <strong>February</strong> 2004<br />

17 Transfer of assets, rights and liabilities<br />

(1) It is intended that the making of any determinations as to the transfer of assets, rights<br />

and liabilities of the former Councils by virtue of the constitution of the new Area<br />

made in this Proclamation is to be in accordance with this clause:<br />

a. The assets, rights and liabilities of the former Gunning Shire Council are<br />

transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or<br />

Eastern Capital City Regional as determined by agreement between the<br />

Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City<br />

Regional.<br />

b. The assets, rights and liabilities of the former Yass Shire Council are<br />

transferred to the Councils of the Areas of Yass Valley or Upper Lachlan as<br />

determined by agreement between the new Councils of the Areas of Yass<br />

Valley and Upper Lachlan.<br />

c. The assets, rights and liabilities of the former Yarrowlumla Shire Council are<br />

transferred to the Councils of the Areas of Cooma-Monaro, Greater<br />

Queanbeyan, Tumut, Yass Valley or Eastern Capital City Regional as<br />

determined by agreement between the Councils of the Areas of Cooma-<br />

Monaro, Greater Queanbeyan, Tumut, Yass Valley and Eastern Capital City<br />

Regional.<br />

(2) The following provisions have effect in relation to any assets, rights or liabilities that<br />

are transferred by operation of subclause (1):<br />

a. The assets of the former Councils vest in the new Council by virtue of this<br />

clause and without the need for any further conveyance, transfer, assignment<br />

or assurance,<br />

b. The rights or liabilities of the former Councils become, by virtue of this<br />

clause, the rights and liabilities of the new Council,<br />

c. All proceedings relating to the assets, rights or liabilities commenced before<br />

the transfer by or against the former Councils or a predecessor of any of the<br />

former Councils, and pending immediately before the transfer, are taken to be<br />

proceedings pending by or against the new Council,<br />

d. Any act, matter or thing done or omitted to be done in relation to the assets,<br />

rights or liabilities before the transfer by, to or in respect of the former<br />

Councils or a predecessor of any of the former Councils is (to the extent to<br />

which that act, matter or thing has any force or effect) taken to have been done<br />

or omitted by, to or in respect of the new Council.<br />

e. Anything that was commenced by a former Council and uncompleted at the<br />

proclamation date may be completed by the new Council as if it had been<br />

commenced by the new Council. This includes but is not limited to any<br />

application for approval or consent under the Act or any other Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 579<br />

f. In so doing, the new Council must make any determinations required to be<br />

made in accordance with any relevant code, policy or plan of the relevant<br />

former Council, until such time as the new Council makes a new code, policy<br />

or plan in relation to that matter in accordance with the Act or any other Act.<br />

g. Anything that was done by a former Council, and that had effect immediately<br />

before the proclamation date, or that was commenced by a former Council and<br />

completed by the new Council as a result of this Proclamation, continues to<br />

have effect and may be enforced by the new Council as if it had been done by<br />

the new Council.<br />

h. Without limiting subclause (2)(g) any approval, order or notice that was given<br />

or made by a former Council, and that had effect immediately before the<br />

proclamation date, continues to have effect and for all the purposes of the Act<br />

or any other Act shall be deemed to have been given or made by the new<br />

Council.<br />

i. Any decision of the Land and Environment Court in an appeal from a decision<br />

of a former Council determined by the Court after the proclamation date shall<br />

be deemed to be a decision of the new Council.<br />

(3) During the transitional period no arrangements, without agreement between the new<br />

Council and the Minister, are to be entered into in relation to:<br />

a. the sale or purchase of property or of any assets involving an amount<br />

exceeding $20,000<br />

b. the leasing of property for a period exceeding five years<br />

c. entering into new contracts for works involving an amount exceeding<br />

$100,000<br />

d. varying any budget allocation for any function.<br />

(4) In this clause:<br />

Assets means any legal or equitable estate or interest (whether present or future and<br />

whether vested or contingent) in real or personal property of any description<br />

(including money), and includes securities, streams of income, choses in action and<br />

documents.<br />

Liabilities means any liabilities, debts or obligations (whether present or future and<br />

whether vested or contingent) and includes liabilities relating to criminal acts.<br />

Rights means any rights, powers, privileges or immunities (whether present or future<br />

and whether vested or contingent).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


580 LEGISLATION 11 <strong>February</strong> 2004<br />

18 General provisions with respect to transfers<br />

(1) A transfer affected by this Schedule takes effect on the proclamation date.<br />

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.<br />

(3) Such a notice is conclusive evidence of the transfer.<br />

19 Effect of transfer on third party rights<br />

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be<br />

regarded:<br />

a. As an event of default under any contract or other instrument, or<br />

b. As a breach of contract or confidence or otherwise as a civil wrong, or<br />

c. As a breach of contractual provision prohibiting, restricting or regulating<br />

the assignment or transfer of assets, rights or liabilities, or<br />

d. As giving rise to any remedy by a party to an instrument, or as causing or<br />

permitting the termination of any instrument, because of a change in the<br />

beneficial or legal ownership of any asset, right or liability.<br />

(2) No attornment to the new Council by a lessee from a former Council is required in<br />

relation to a transfer affected by clause 17.<br />

(3) No compensation is payable to any person or body in connection with a transfer<br />

affected by clause 17.<br />

(4) Subclause (3) does not affect the rights of any person or body in connection with the<br />

early termination of a contract between a former Council and that person or body.<br />

20 Reports and reviews of the new Council<br />

A duty of the new Council under any Act, including a duty to report or review, which<br />

relates to a period before the proclamation date, is to be performed by reference to the<br />

former Areas and the former Councils as appropriate.<br />

21 Auditor<br />

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the<br />

Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13<br />

of the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


11 <strong>February</strong> 2004 LEGISLATION 581<br />

22 References to former Areas and Councils<br />

In any Act, in any instrument made under any Act or in any document of any kind:<br />

(1) A reference to any of the former Areas, or to a predecessor of any of the former<br />

Areas, is taken to include a reference to the new Area and is to be read as a reference<br />

to the new Area, and<br />

(2) A reference to any of the former Councils, or to a predecessor of any of the former<br />

Councils, is to be taken as a reference to the new Council and is to be read as a<br />

reference to the new Council.<br />

23 Southern Slopes County Council<br />

(1) The former Yass Shire Council is excluded as a constituent Council of the Southern<br />

Slopes County Council and the new Council is included as a constituent Council of<br />

the County Council.<br />

(2) The County Council’s area of operations increases to include those parts of the former<br />

Yarrowlumla Shire and Gunning Shire that are included in the new Council as<br />

described in this Schedule.<br />

(3) The small portion of the former Yass Shire Council that is north of the northern<br />

boundary of the Murrumbidgee Catchment Management Authority boundary, that is<br />

now part of the Area of Upper Lachlan, is excluded from the area of operations of the<br />

County Council.<br />

(4) Two persons are to be elected by the new Council to the County Council’s governing<br />

body.<br />

24 Rating Structures<br />

(1) The new Council’s maximum general income for 2004/05 is to be determined by<br />

estimating the proportionate amount of general income for 2003/04 from land in the<br />

former Areas of Yass, Yarrowlumla and Gunning included in the new Area.<br />

(2) The new Council is to determine its rating structure taking into consideration<br />

subclause (1).<br />

(3) The rating structure is to be reviewed within the first term of the new Council.<br />

25 Matters to be determined by Minister<br />

(1) In order to give effect to this Proclamation, the Minister may determine from time to<br />

time any matter or thing, including, without limitation, the content of the matters set<br />

out in clause 11 (1).<br />

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582 LEGISLATION 11 <strong>February</strong> 2004<br />

(2) In pursuance of this clause, any matter or thing requiring determination may be<br />

referred to the Minister by the new Council.<br />

(3) The Minister may also determine any matter or thing that has not been referred to him<br />

by a new Council if the Minister concludes that the matter or thing cannot be<br />

determined by agreement between the new Councils of the Areas of Yass Valley,<br />

Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan,<br />

Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement<br />

reached between the aforementioned new Councils, including in relation to subclauses<br />

(2) and (4) herein.<br />

(4) A matter to be determined by the Minister shall be referred to the Director General,<br />

and/or another person or persons nominated by the Minister, for advice and<br />

recommendation, as appropriate.<br />

(5) The Director General and/or another person or persons nominated by the Minister,<br />

shall, if required by the Minister, convene a meeting between the affected new<br />

Councils listed in subclause (3) to assist in the determination of the matter.<br />

(6) The Director General and/or any person or persons nominated by the Minister under<br />

this clause, shall have regard to the Statement of Intent herein and any other principles<br />

or guidelines considered appropriate in the circumstances.<br />

26 Statement of Intent<br />

(1) The Minister will consider an application made by the new Council for a Special<br />

Variation to increase its General Income.<br />

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass<br />

Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater<br />

Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement<br />

of all matters necessary to facilitate the provisions of this Proclamation.<br />

(3) The new Council should give consideration to establishing precinct areas and<br />

committees, which have defined roles and responsibilities.<br />

(4) The Councillors of the new Council are to consider operating under the basis of<br />

portfolio responsibilities and are to exercise community leadership for the whole local<br />

government area as set out in the Act.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32


583<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 33<br />

Wednesday, 11th <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

SPECIAL SUPPLEMENT<br />

LOCAL GOVERNMENT ACT 1993 – PROCLAMATION<br />

MARIE BASHIR, Governor<br />

I, Professor Marie Bashir, A.C., Governor of the State of New South Wales, on the<br />

recommendation of the Minister of Local <strong>Government</strong>, with the advice of the Executive<br />

Council, and in pursuance of section 257(1)(c) of the Local <strong>Government</strong> Act 1993 do,<br />

by this my proclamation<br />

(a) declare that Glen Innes Municipal Council is non functioning because there are<br />

not enough councillors for there to be a quorum at council meetings;<br />

(b) appoint Mr Frank Willan as Administrator of Glen Innes Municipal Council;<br />

and<br />

(c) order that the term of the Administrator will commence on 11 <strong>February</strong> 2004<br />

and finish in accordance with section 258(4) of the Act.<br />

Signed and sealed at Sydney, this 11th day of <strong>February</strong> 2004.<br />

By Her Excellency’s Command.<br />

GOD SAVE THE QUEEN<br />

ANTHONY KELLY, M.L.C.,<br />

Minister for Local <strong>Government</strong>


584 LEGISLATION 11 <strong>February</strong> 2004<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 33


NOTIFICATION UNDER SECTION 99<br />

IN pursuance of the powers conferred upon me by section<br />

99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG,<br />

Commissioner of <strong>NSW</strong> Rural Fire Service, under delegation<br />

and dated 22 October 1997 from the Hon BOB DEBUS,<br />

Minister for Emergency Services, do, by this notification,<br />

direct that the lighting, maintenance or use of all fires in the<br />

open air, with the exception of the classes of fire as specified<br />

in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and<br />

15 hereto, is prohibited in the parts of the State set out in<br />

Schedule A hereto, from midnight on 11 <strong>February</strong> 2004 to<br />

midnight on 12 <strong>February</strong> 2004.<br />

Dated this 11th day of <strong>February</strong> 2004.<br />

PHIL KOPERBERG, A.M., A.F.S.M., B.E.M.,<br />

Commissioner<br />

SCHEDULE 1<br />

Fire lit, maintained or used for the purpose of suppressing<br />

or controlling any existing bush fire where such fire is lit,<br />

maintained or used under the direction of the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service, any officer of the <strong>NSW</strong> Fire<br />

Brigade, any officer authorised by the Forestry Commission<br />

of New South Wales, any officer authorised by the Director<br />

of National Parks and Wildlife Service, or any Fire Control<br />

Officer, Captain, Deputy Captain, Group Captain or Deputy<br />

Group Captain of any bush fire brigade organised or<br />

authorised under the Rural Fires Act 1997.<br />

SCHEDULE 2<br />

Fire lit, maintained or used at a registered factory within<br />

the meaning of the Factories, Shops and Industries Act<br />

1962, subject to observance of the special condition that all<br />

reasonable steps are taken to prevent the escape of fire, sparks<br />

or incandescent or burning material therefrom.<br />

SCHEDULE 3<br />

Fire lit, maintained or used at a hospital within the meaning<br />

of the Public Hospitals Act 1929, subject to observance of the<br />

special condition that the fire is lit in a properly constructed<br />

incinerator designed to prevent the escape of fire, sparks or<br />

incandescent or burning material therefrom.<br />

585<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 34<br />

Wednesday, 11 <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

RURAL FIRES ACT 1997<br />

SCHEDULE 4<br />

Fire lit, maintained or used by, or under the authority<br />

of, a Council as defined in the dictionary of the Rural Fires<br />

Act 1997, for the destruction of garbage or other refuse at<br />

any sanitary depot provided and controlled by such Council<br />

subject to observance of the following special conditions:<br />

(1) a fire break shall be established and maintained around<br />

such depot to a width of not less than thirty metres;<br />

(2) at least one person shall be in attendance continuously at<br />

such depot for the duration of the fire;<br />

(3) all reasonable steps shall be taken to prevent the escape<br />

of fire, sparks or incandescent or burning material therefrom.<br />

SCHEDULE 5<br />

Fire lit, maintained or used by or under the authority of any<br />

person or body of persons, corporate or unincorporate, for or<br />

in connection with essential repair, or maintenance of services<br />

or equipment required for continuance or restoration of the<br />

supply or provision of heat, light, power, water, sewerage,<br />

transport or communication subject to observance of the<br />

special condition that all reasonable steps are taken to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 6<br />

Fire lit, maintained or used by a Public Authority as defined<br />

in the dictionary of the Rural Fires Act 1997, for the disposal<br />

of waste or putrescent material likely to cause a health hazard<br />

subject to observance of the special condition that the fire is<br />

lit in a properly constructed incinerator designed to prevent<br />

the escape of fire, sparks or incandescent or burning material<br />

therefrom.<br />

SCHEDULE 7<br />

Fire lit, maintained or used between the hours of 7 p.m.<br />

and 7 a.m. for a purpose associated with the harvesting of<br />

sugar cane subject to observance of the special condition that<br />

all reasonable steps are taken to prevent the escape of fire,<br />

sparks or incandescent or burning material therefrom.


586 SPECIAL SUPPLEMENT 11 <strong>February</strong> 2004<br />

SCHEDULE 8<br />

Fire lit by the Roads and Traffic Authority of New South<br />

Wales or its contractors for the purpose of heating bitumen in<br />

tankers, sprayers, storage units, mobile asphalt plants, mobile<br />

asphalt pavers and pavement recycling machines for road<br />

repair and construction activities subject to the observance<br />

of a special condition that adequate fire fighting equipment<br />

to the satisfaction of the Commissioner of the Rural Fire<br />

Service, or his nominee, is immediately available to prevent<br />

the escape of any such fire under circumstances as to cause<br />

or to be likely to cause injury or damage to any person or the<br />

land or property of the Crown or a Public Authority as defined<br />

in the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 9<br />

Fire lit, maintained or used for the purpose associated with<br />

the drying of products from vineyards within Wentworth and<br />

Balranald Council areas subject to observance of the special<br />

condition that inflammable material is removed from around<br />

the heating apparatus for a distance of not less than ten metres<br />

to the specification of the Fire Control Officer.<br />

SCHEDULE 10<br />

Fire lit by a company contracted for the construction of<br />

a natural gas pipeline from Young to Lithgow within the<br />

Central Tablelands, Central West Slopes and South West<br />

Slopes Weather Forecast Districts provided that adequate<br />

fire fighting equipment is immediately available to the<br />

satisfaction of the Commissioner of the <strong>NSW</strong> Rural Fire<br />

Service or his nominee to prevent the escape of any such<br />

fire under circumstances as to cause or to be likely to cause<br />

injury or damage to any person or the land or property of the<br />

Crown or a Public Authority as defined in the dictionary of<br />

the Rural Fires Act 1997, or any other person.<br />

SCHEDULE 11<br />

Fire lit, maintained or used, for the purpose of food<br />

preparation on a gas fired or electric appliance where:<br />

(a) such appliance is under the direct control of a responsible<br />

adult person, present at all relevant times;<br />

(b) no combustible material of any kind is allowed within<br />

three metres of the appliance when it is operating;<br />

(c) a system of applying an adequate stream of water to the<br />

appliance and its surrounds is available for immediate and<br />

continious use; and<br />

(d) where the appliance is not on premises containing a permanent<br />

private dwelling or is more than twenty metres<br />

from such dwelling, both the appliance and the land on<br />

which it is to be placed have been approved for the purpose<br />

by the Council of the area.<br />

SCHEDULE 12<br />

Fire lit, maintained or used in accordance with Regulation<br />

27 of the Rural Fires Regulation 1997, for the production<br />

of charcoal, ‘but not for the destruction of waste arising<br />

therefrom,’ subject to the observance of the special condition<br />

that all reasonable steps are taken to prevent the escape of<br />

fire, sparks or incandescent or burning material therefrom.<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer<br />

SCHEDULE 13<br />

“Oxy-acetylene and electric welding apparatus used in<br />

accordance with the <strong>NSW</strong> Coal Mine Regulations Act 1982,<br />

for the purpose of the maintenance and repair of mining<br />

equipment subject to a special condition that adequate fire<br />

fighting equipment is available and the operation is conducted<br />

within an area identified as a colliery holding.”<br />

SCHEDULE 14<br />

“Oxy-acetylene and electric welding apparatus used by<br />

the company contracted for the construction of an ethane gas<br />

pipeline from Young to Leppington within the Metropolitan,<br />

Southern Tablelands, Illawarra and Riverina weather forecast<br />

districts provided that adequate fire fighting equipment to the<br />

satisfaction of Commissioner of the <strong>NSW</strong> Rural Fire Service,<br />

or his nominee, is immediately available to prevent the escape<br />

of any such fire under circumstances as to cause or be likely to<br />

cause injury or damage to any person or the land or property<br />

of the Crown or a Public Authority as defined in the dictionary<br />

of the Rural Fires Act 1997, or any other person.”<br />

SCHEDULE 15<br />

Any conditions notified in writing by the Commissioner<br />

of the <strong>NSW</strong> Rural Fire Service to individuals or<br />

organisations.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 34<br />

SCHEDULE A<br />

Zone B – Lower Western Weather Forecast District.<br />

Zone C – Riverina Weather Forecast District.<br />

Zone D – South West Slopes Weather Forecast District.<br />

Zone E – Southern Tablelands Weather Forecast District.<br />

Zone H – Central West Plains Weather Forecast District.<br />

Zone I – Central West Slopes Weather Forecast District.<br />

Zone J – Central Tablelands Weather Forecast District.<br />

Zone P – Hunter Weather Forecast District.


587<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 35<br />

Friday, 13 <strong>February</strong> 2004<br />

Published under authority by the <strong>Government</strong> Printing Service<br />

LEGISLATION<br />

Allocation of Administration of Acts<br />

The Cabinet Office, Sydney<br />

11 <strong>February</strong> 2004<br />

ALLOCATION OF THE ADMINISTRATION OF ACTS<br />

Her Excellency the Governor, with the advice of the Executive Council, has<br />

approved of the administration of the Acts listed in the attached Schedule being<br />

vested in the Ministers indicated against each respectively, subject to the<br />

administration of any such Act, to the extent that it directly amends another Act,<br />

being vested in the Minister administering the other Act or the relevant portion of<br />

it.<br />

The arrangements are in substitution for those in operation before the date of this<br />

notice.<br />

BOB CARR<br />

Premier


588 LEGISLATION 13 <strong>February</strong> 2004<br />

PREMIER<br />

Anti-Discrimination Act 1977 No 48, Part 9A (remainder, Attorney General)<br />

Anzac Memorial (Building) Act 1923 No 27<br />

Australia Acts (Request) Act 1985 No 109<br />

Competition Policy Reform (New South Wales) Act 1995 No 8<br />

Constitution Act 1902 No 32<br />

Constitution Further Amendment (Referendum) Act 1930 No 2<br />

Constitution (Legislative Council Reconstitution) Savings Act 1993 No 19<br />

Election Funding Act 1981 No 78<br />

Essential Services Act 1988 No 41, Parts 1 and 2 (remainder, Minister for Industrial Relations)<br />

Freedom of Information Act 1989 No 5<br />

Independent Commission Against Corruption Act 1988 No 35<br />

Independent Commission Against Corruption (Commissioner) Act 1994 No 61<br />

Independent Pricing and Regulatory Tribunal Act 1992 No 39<br />

Interpretation Act 1987 No 15<br />

Legislation Review Act 1987 No 165<br />

Licensing and Registration (Uniform Procedures) Act 2002 No 28<br />

Mutual Recognition (New South Wales) Act 1992 No 61<br />

Natural Resources Commission Act 2003 No 102 (except Part 3, jointly with the Minister for<br />

Natural Resources)<br />

Ombudsman Act 1974 No 68<br />

Parliamentary Electorates and Elections Act 1912 No 41<br />

Parliamentary Evidence Act 1901 No 43<br />

Parliamentary Precincts Act 1997 No 66<br />

Parliamentary Remuneration Act 1989 No 160<br />

Protected Disclosures Act 1994 No 92<br />

Public Finance and Audit Act 1983 No 152, sections 28, 28A, 29, 30, 34 and Schedule 1 (remainder,<br />

Treasurer)<br />

Public Sector Employment and Management Act 2002 No 43 (except Chapter 7, jointly Treasurer and<br />

Minister for Commerce)<br />

Reprints Act 1972 No 48<br />

Returned and Services League of Australia (New South Wales Branch) Incorporation Act 1935 No 39<br />

Royal Commission (Police Service) Act 1994 No 60<br />

Royal Commissions Act 1923 No 29<br />

Seat of <strong>Government</strong> Surrender Act 1909 No 14<br />

Seat of <strong>Government</strong> Surrender Act 1915 No 9<br />

Seat of <strong>Government</strong> Surrender (Amendment) Act 1923 No 31<br />

Senators' Elections Act 1903 No 9<br />

Special Commissions of Inquiry Act 1983 No 90<br />

State Owned Corporations Act 1989 No 134<br />

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)<br />

Subordinate Legislation Act 1989 No 146<br />

Subordinate Legislation (Repeal) Act 1985 No 232<br />

Sustainable Energy Development Act 1995 No 96<br />

Transferred Officers Extended Leave Act 1961 No 13<br />

Trans-Tasman Mutual Recognition (New South Wales) Act 1996 No 102<br />

Visy Mill Facilitation Act 1997 No 139<br />

MlNISTER FOR THE ARTS<br />

Art Gallery of New South Wales Act 1980 No 65<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 589<br />

Australian Museum Trust Act 1975 No 95<br />

Copyright Act 1879 42 Vic No 20<br />

Film and Television Office Act 1988 No 18<br />

Historic Houses Act 1980 No 94<br />

Library Act 1939 No 40<br />

Museum of Applied Arts and Sciences Act 1945 No 31<br />

State Records Act 1998 No 17<br />

Sydney Opera House Trust Act 1961 No 9<br />

MINISTER FOR CITIZENSHIP<br />

Community Relations Commission and Principles of Multiculturalism Act 2000 No 77<br />

DEPUTY PREMIER<br />

Nil<br />

MINISTER FOR EDUCATION AND TRAINING<br />

Apprenticeship and Traineeship Act 2001 No 80<br />

Australian Catholic University Act 1990 No 110<br />

Australian William E. Simon University Act 1988 No 89<br />

Board of Adult and Community Education Act 1990 No 119<br />

Board of Vocational Education and Training Act 1994 No 33<br />

Charles Sturt University Act 1989 No 76<br />

Education Act 1990 No 8<br />

Education (School Administrative and Support Staff) Act 1987 No 240<br />

Hairdressers Act 2003 No 62<br />

Higher Education Act 2001 No 102<br />

Higher Education (Amalgamation) Act 1989 No 65<br />

Macquarie University Act 1989 No 126<br />

Moree and District War Memorial Educational Centre Act 1962 No 15<br />

Parents and Citizens Associations Incorporation Act 1976 No 50<br />

Saint Andrew’s College Act 1998 No 15<br />

Sancta Sophia College Incorporation Act 1929 No 45<br />

Southern Cross University Act 1993 No 69<br />

Teacher Housing Authority Act 1975 No 27<br />

Teachers' College Act 1912 No 47<br />

Teaching Services Act 1980 No 23<br />

Technical and Further Education Commission Act 1990 No 118<br />

Technical Education Trust Funds Act 1967 No 95<br />

University of New England Act 1993 No 68<br />

University of New South Wales Act 1989 No 125<br />

University of New South Wales (St George Campus) Act 1999 No 45<br />

University of Newcastle Act 1989 No 68<br />

University of Sydney Act 1989 No 124<br />

University of Technology, Sydney, Act 1989 No 69<br />

University of Western Sydney Act 1997 No 116<br />

University of Wollongong Act 1989 No 127<br />

Vocational Education and Training Accreditation Act 1990 No 120<br />

West Scholarships Act 1930 No 19<br />

Women's College Act 1902 No 71<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


590 LEGISLATION 13 <strong>February</strong> 2004<br />

MINISTER FOR ABORIGINAL AFFAIRS<br />

Aboriginal Land Rights Act 1983 No 42<br />

TREASURER<br />

Annual Reports (Departments) Act 1985 No 156<br />

Annual Reports (Statutory Bodies) Act 1984 No 87<br />

Appropriation (Health Super-Growth Fund) Act 2003 No 75<br />

Australia and New Zealand Banking Group Limited (NMRB) Act 1991 No 35<br />

Bank Integration Act 1992 No 80<br />

Bank Mergers Act 1996 No 130<br />

Bank Mergers (Application of Laws) Act 1996 No 64<br />

Banks and Bank Holidays Act 1912 No 43, section 22 (remainder, Minister for Industrial Relations)<br />

Betting Tax Act 2001 No 43<br />

Canberra Advance Bank Limited (Merger) Act 1992 No 17<br />

Capital Debt Charges Act 1957 No 1<br />

Commonwealth Places (Mirror Taxes Administration) Act 1998 No 100<br />

Commonwealth Powers (State Banking) Act 1992 No 104<br />

Conversions of Securities Adjustment Act 1931 No 63<br />

Dartmouth Reservoir (Financial Agreement) Act 1970 No 30<br />

Debits Tax Act 1990 No 112<br />

Decimal Currency Act 1965 No 33<br />

Duties Act 1997 No 123<br />

Energy Services Corporations Act 1995 No 95<br />

Finances Adjustment Act 1932 No 27<br />

Financial Agreement Act 1944 No 29<br />

Financial Agreement Act 1994 No 71<br />

Financial Agreement (Amendment) Act 1976 No 35<br />

Financial Agreement (Decimal Currency) Act 1966 No 39<br />

Financial Agreement Ratification Act 1928 No 14<br />

Financial Agreement (Returned Soldiers Settlement) Ratification Act 1935 No 1<br />

Financial Sector Reform (New South Wales) Act 1999 No 1<br />

Fines Act 1996 No 99 (except parts, Attorney General)<br />

First Home Owner Grant Act 2000 No 21<br />

Freight Rail Corporation (Sale) Act 2001 No 35<br />

General <strong>Government</strong> Debt Elimination Act 1995 No 83<br />

General <strong>Government</strong> Liability Management Fund Act 2002 No 60<br />

<strong>Government</strong> Guarantees Act 1934 No 57<br />

<strong>Government</strong> Insurance Office (Privatisation) Act 1991 No 38<br />

Health Insurance Levies Act 1982 No 159<br />

Inscribed Stock Act 1902 No 79<br />

Inscribed Stock (Issue and Renewals) Act 1912 No 51<br />

Insurance Protection Tax Act 2001 No 40<br />

Interest Reduction Act 1931 No 44<br />

Intergovernmental Agreement Implementation (GST) Act 2000 No 44<br />

Internal Audit Bureau Act 1992 No 20<br />

Land Tax Act 1956 No 27<br />

Land Tax Management Act 1956 No 26<br />

<strong>NSW</strong> Grain Corporation Holdings Limited Act 1992 No 31<br />

Pacific Power (Dissolution) Act 2003 No 17<br />

Pay-roll Tax Act 1971 No 22<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 591<br />

Petroleum Products Subsidy Act 1997 No 112<br />

Premium Property Tax Act 1998 No 79<br />

Public Authorities (Financial Arrangements) Act 1987 No 33<br />

Public Finance and Audit Act 1983 No 152 (except parts, Premier)<br />

Public Loans Act 1902 No 81<br />

Public Sector Employment and Management Act 2002 No 43, Chapter 7 (jointly with the Minister for<br />

Commerce; remainder Premier)<br />

Road Improvement (Special Funding) Act 1989 No 95<br />

Secondary Mortgage Market (State Equity Participation) Act 1985 No 131<br />

Snowy Hydro Corporatisation Act 1997 No 99<br />

Stamp Duties Act 1920 No 47<br />

State Bank (Corporatisation) Act 1989 No 195<br />

State Bank of South Australia (Transfer of Undertaking) Act 1994 No 47<br />

State Bank (Privatisation) Act 1994 No 73<br />

Superannuation Administration Act 1996 No 39<br />

Superannuation (Axiom Funds Management Corporation) Act 1996 No 40<br />

Taxation Administration Act 1996 No 97<br />

Totalizator Act 1997 No 45, section 70 and sections 72-79 (remainder, Minister for Gaming and<br />

Racing)<br />

Totalizator Agency Board Privatisation Act 1997 No 43<br />

Treasury Corporation Act 1983 No 75<br />

Trustees Protection Act 1931 No 28<br />

Unclaimed Money Act 1995 No 75<br />

Wills, Probate and Administration Act 1898 No 13, section 61B (7) and (8) (remainder, Attorney<br />

General)<br />

MINISTER FOR STATE DEVELOPMENT<br />

Innovation Council Act 1996 No 77<br />

New South Wales Investment Corporation (Sale) Act 1988 No 50<br />

State Development and Industries Assistance Act 1966 No 10<br />

Very Fast Train (Route Investigation) Act 1989 No 44<br />

VICE-PRESIDENT OF THE EXECUTIVE COUNCIL<br />

Nil<br />

SPECIAL MINISTER OF STATE<br />

Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45<br />

First State Superannuation Act 1992 No 100<br />

Hunter District Water Board Employees' Provident Fund (Special Provisions) Act 1987 No 213<br />

Local <strong>Government</strong> and Other Authorities (Superannuation) Act 1927 No 35<br />

New South Wales Retirement Benefits Act 1972 No 70<br />

Parliamentary Contributory Superannuation Act 1971 No 53<br />

Police Association Employees (Superannuation) Act 1969 No 33<br />

Police Regulation (Superannuation) Act 1906 No 28<br />

Public Authorities Superannuation Act 1985 No 41<br />

State Authorities Non-contributory Superannuation Act 1987 No 212<br />

State Authorities Superannuation Act 1987 No 211<br />

State Public Service Superannuation Act 1985 No 45<br />

Superannuation Act 1916 No 28<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


592 LEGISLATION 13 <strong>February</strong> 2004<br />

Superannuation Administration Authority Corporatisation Act 1999 No 5<br />

Transport Employees Retirement Benefits Act 1967 No 96<br />

MINISTER FOR COMMERCE<br />

The Minister for Commerce has joint administration of all Acts listed for the Minister for Fair Trading<br />

and the Minister Assisting the Minister for Commerce (which are not listed again below), and<br />

the following Acts<br />

Architects Act 1921 No 8<br />

Architects Act 2003 No 89<br />

Bennelong Point (Parking Station) Act 1985 No 189<br />

Border Railways Act 1922 No 16<br />

Building and Construction Industry Security of Payment Act 1999 No 46<br />

Explosives Act 2003 No 39<br />

Glen Davis Act 1939 No 38, Part 4 (remainder, Minister for Local <strong>Government</strong>)<br />

<strong>Government</strong> Telecommunications Act 1991 No 77<br />

Land Acquisition (Charitable Institutions) Act 1946 No 55<br />

Land Acquisition (Just Terms Compensation) Act 1991 No 22<br />

Motor Accidents Act 1988 No 102<br />

Motor Accidents Compensation Act 1999 No 41<br />

Motor Vehicles (Third Party Insurance) Act 1942 No 15<br />

Occupational Health and Safety Act 2000 No 40 (except parts, Minister for Mineral Resources)<br />

Public Sector Employment and Management Act 2002 No 43, Chapter 7 (jointly with the Treasurer;<br />

remainder, Premier)<br />

Public Works Act 1912 No 45 (except parts, Minister for Energy and Utilities)<br />

State Brickworks Act 1946 No 16<br />

Workers Compensation Act 1987 No 70<br />

Workers' Compensation (Brucellosis) Act 1979 No 116<br />

Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 No 83<br />

Workers' Compensation (Dust Diseases) Act 1942 No 14<br />

Workmen's Compensation (Lead Poisoning-Broken Hill) Act 1922 No 31<br />

Workplace Injury Management and Workers Compensation Act 1998 No 86<br />

MINISTER FOR INDUSTRIAL RELATIONS<br />

Annual Holidays Act 1944 No 31<br />

Associated General Contractors Insurance Company Limited Act 1980 No 38<br />

Banks and Bank Holidays Act 1912 No 43 (except part, Treasurer)<br />

Bishopsgate Insurance Australia Limited Act 1983 No 81<br />

Broken Hill Trades Hall Site Act of 1898 No 31<br />

Broken Hill Trades Hall Site Extension Act 1915 No 42<br />

Builders Labourers Federation (Special Provisions) Act 1986 No 17<br />

Building and Construction Industry Long Service Payments Act 1986 No 19<br />

Coal Industry Act 2001 No 107<br />

Coal Industry (Industrial Matters) Act 1946 No 44<br />

Dangerous Goods Act 1975 No 68<br />

Employment Protection Act 1982 No 122<br />

Entertainment Industry Act 1989 No 230<br />

Essential Services Act 1988 No 41 (except parts, Premier)<br />

Funeral Services Industry (Days of Operation) Repeal Act 2000 No 14<br />

<strong>Government</strong> and Related Employees Appeal Tribunal Act 1980 No 39<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 593<br />

Industrial Arbitration (Special Provisions) Act 1984 No 121<br />

Industrial Relations Act 1996 No 17 (except parts, Attorney General)<br />

Industrial Relations (Ethical Clothing Trades) Act 2001 No 128 (jointly with the Minister Assisting<br />

the Minister for Commerce)<br />

Long Service Leave Act 1955 No 38<br />

Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48<br />

Road and Rail Transport (Dangerous Goods) Act 1997 No 113 (except parts, Minister for the<br />

Environment)<br />

Rural Workers Accommodation Act 1969 No 34<br />

Shops and Industries Act 1962 No 43<br />

Sporting Injuries Insurance Act 1978 No 141<br />

The Standard Insurance Company Limited and Certain Other Insurance Companies Act 1963<br />

No 18<br />

Transport Appeal Boards Act 1980 No 104<br />

ASSISTANT TREASURER<br />

Nil<br />

MINISTER FOR THE CENTRAL COAST<br />

Nil<br />

MINISTER FOR INFRASTRUCTURE AND PLANNING<br />

The Minister for Infrastructure and Planning has joint administration of all Acts (except section 8 of<br />

the Environmental Planning and Assessment Act 1979 No 203, and section 102 of the Heritage Act<br />

1977 No 136) listed for the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration) (which are not listed again below), and the following Acts<br />

Blue Mountains Land Development (Special Provisions) Act 1985 No 55<br />

Botany and Randwick Sites Development Act 1982 No 99<br />

Callan Park (Special Provisions) Act 2002 No 139<br />

Clyde Waste Transfer Terminal (Special Provisions) Act 2003 No 88<br />

Environmental Planning and Assessment Act 1979 No 203 (except section 8, as noted above) (jointly<br />

with the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration) as noted above, and also jointly with the Minister for Natural Resources)<br />

Growth Centres (Development Corporations) Act 1974 No 49<br />

Heritage Act 1977 No 136 (except section 102, as noted above)<br />

Kooragang Coal Terminal (Special Provisions) Act 1997 No 138<br />

Lake Illawarra Authority Act 1987 No 285<br />

Land Development Contribution Act 1970 No 24<br />

Land Development Contribution Management Act 1970 No 22<br />

National Trust of Australia (New South Wales) Act 1990 No 92<br />

Port Kembla Development (Special Provisions) Act 1997 No 40<br />

Sir Henry Parkes National (War) Memorial Museum and Library Act 1957 No 47<br />

State Environmental Planning (Permissible Mining) Act 1996 No 27<br />

Walsh Bay Development (Special Provisions) Act 1999 No 3<br />

Warnervale Airport (Restrictions) Act 1996 No 57<br />

Western Sydney Regional Park (Revocation for Western Sydney Orbital) Act 2001 No 60<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


594 LEGISLATION 13 <strong>February</strong> 2004<br />

MINISTER FOR NATURAL RESOURCES<br />

The Minister for Natural Resources has joint administration of all Acts (except section 7 of the<br />

Chipping Norton Lake Authority Act 1977 No 38) listed for the Minister Assisting the Minister for<br />

Natural Resources (Forests), and the Minister Assisting the Minister for Natural Resources (Lands)<br />

(which are not listed again below), and the following Acts<br />

Australian Lubricating Oil Refinery Limited Agreement Ratification Act 1962 No 16<br />

Australian Oil Refining Limited Agreement Ratification Act 1954 No 34<br />

Australian Oil Refining Pty. Limited Agreement Ratification (Amendment) Act 1961 No 35<br />

Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement<br />

Ratification Act 1950 No 11<br />

Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification Act 1950<br />

No 12<br />

Catchment Management Act 1989 No 235<br />

Catchment Management Authorities Act 2003 No 104<br />

Chipping Norton Lake Authority Act 1977 No 38 (except section 7, as noted above)<br />

Coastal Protection Act 1979 No 13<br />

Dams Safety Act 1978 No 96<br />

Environmental Planning and Assessment Act 1979 No 203 (except section 8) (jointly with the<br />

Minister for Infrastructure and Planning, and the Minister Assisting the Minister for<br />

Infrastructure<br />

and Planning (Planning Administration))<br />

Farm Water Supplies Act 1946 No 22<br />

Forestry and National Park Estate Act 1998 No 163 (except parts, Minister for the Environment)<br />

Googong Dam Catchment Area Act 1975 No 4<br />

Hay Irrigation Act 1902 No 57<br />

Hunter Water Act 1991 No 53, Part 5, Division 8, (remainder, Minister for Energy and Utilities)<br />

Irrigation Areas (Reduction of Rents) Act 1974 No 83<br />

Menindee Lakes Storage Agreement Act 1964 No 4<br />

Murray-Darling Basin Act 1992 No 65<br />

Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52<br />

National Parks and Wildlife Act 1974 No 80, in so far as it relates to part of Burrinjuck State<br />

Recreation Area (remainder, Minister for the Environment)<br />

Native Vegetation Act 2003 No 103<br />

Native Vegetation Conservation Act 1997 No 133<br />

Natural Resources Commission Act 2003 No 102, Part 3 jointly with Premier (remainder, Premier)<br />

New South Wales - Queensland Border Rivers Act 1947 No 10<br />

Plantations and Reafforestation Act 1999 No 97<br />

Rivers and Foreshores Improvement Act 1948 No 20<br />

Soil Conservation Act 1938 No 10<br />

Tweed River Entrance Sand Bypassing Act 1995 No 55<br />

Water Act 1912 No 44, (except sections 27(1) (e1) and (e2) jointly with the Minister for Energy and<br />

Utilities)<br />

Water Management Act 2000 No 92, (except parts, Minister for Energy and Utilities and other parts<br />

jointly with the Minister for Energy and Utilities)<br />

Wentworth Irrigation Act 1890 54 Vic. No 7<br />

Western Lands Act 1901 No 70<br />

ATTORNEY GENERAL<br />

Administration of Justice Act 1924 No 42<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 595<br />

Administration (Validating) Act 1900 No 38<br />

Administrative Decisions Tribunal Act 1997 No 76<br />

Anglican Church of Australia (Bodies Corporate) Act 1938 No 15<br />

Animals Act 1977 No 25<br />

Anti-Discrimination Act 1977 No 48 (except part, Premier)<br />

Antiochian Orthodox Church Property Trust Act 1993 No 20<br />

Application of Laws (Coastal Sea) Act 1980 No 146<br />

Arbitration (Civil Actions) Act 1983 No 43<br />

Attachment of Wages Limitation Act 1957 No 28<br />

Australian Mutual Provident Society Act 1988 No 47<br />

Australian Mutual Provident Society (Demutualisation and Reconstruction) Act 1997 No 56<br />

Bail Act 1978 No 161<br />

Benevolent Society (Reconstitution) Act 1998 No 153<br />

Births, Deaths and Marriages Registration Act 1995 No 62<br />

Burns Philp Trustee Company Limited Act 1990 No 82<br />

Charitable Trusts Act 1993 No 10<br />

Children (Criminal Proceedings) Act 1987 No 55<br />

Children (Protection and Parental Responsibility) Act 1997 No 78<br />

Children's Court Act 1987 No 53<br />

Choice of Law (Limitation Periods) Act 1993 No 94<br />

Churches of Christ in New South Wales Incorporation Act 1947 No 2<br />

Churches of Christ, Scientist, Incorporation Act 1962 No 21<br />

Civil Liability Act 2002 No 22<br />

Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63<br />

Commercial Arbitration Act 1984 No 160<br />

Common Carriers Act 1902 No 48<br />

Commonwealth Bank (Interpretation) Act 1953 No 29<br />

Commonwealth Places (Administration of Laws) Act 1970 No 80<br />

Commonwealth Powers (De Facto Relationships) Act 2003 No 49<br />

Commonwealth Powers (Family Law - Children) Act 1986 No 182<br />

Community Justice Centres Act 1983 No 127<br />

Community Protection Act 1994 No 77<br />

Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62<br />

Companies (Acquisition of Shares) (New South Wales) Code<br />

Companies (Administration) Act 1981 No 64<br />

Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act<br />

1981 No 63<br />

Companies and Securities (Interpretation and Miscellaneous Provisions) (New South Wales) Code<br />

Companies (Application of Laws) Act 1981 No 122<br />

Companies (New South Wales) Code<br />

Compensation Court Repeal Act 2002 No 23<br />

Compensation to Relatives Act 1897 No 31<br />

Confiscation of Proceeds of Crime Act 1989 No 90<br />

Constitutional Powers (Coastal Waters) Act 1979 No 138<br />

Contractors Debts Act 1997 No 110<br />

Co-operative Schemes (Administrative Actions) Act 2001 No 45<br />

Coptic Orthodox Church (<strong>NSW</strong>) Property Trust Act 1990 No 67<br />

Coroners Act 1980 No 27<br />

Corporations (Administrative Actions) Act 2001 No 33<br />

Corporations (Ancillary Provisions) Act 2001 No 32<br />

Corporations (Commonwealth Powers) Act 2001 No 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


596 LEGISLATION 13 <strong>February</strong> 2004<br />

Corporations (New South Wales) Act 1990 No 83<br />

Costs in Criminal Cases Act 1967 No 13<br />

Council of Law Reporting Act 1969 No 59<br />

Crimes Act 1900 No 40<br />

Crimes at Sea Act 1998 No 173<br />

Crimes (Forensic Procedures) Act 2000 No 59<br />

Crimes (Local Courts Appeal and Review) Act 2001 No 120<br />

Crimes Prevention Act 1916 No 80<br />

Crimes (Sentencing Procedure) Act 1999 No 92<br />

Criminal Appeal Act 1912 No 16<br />

Criminal Procedure Act 1986 No 209<br />

Criminal Records Act 1991 No 8<br />

Crown Advocate Act 1979 No 59<br />

Crown Proceedings Act 1988 No 70<br />

Crown Prosecutors Act 1986 No 208<br />

Damage by Aircraft Act 1952 No 46<br />

Damages (Infants and Persons of Unsound Mind) Act 1929 No 25<br />

Defamation Act 1974 No 18<br />

Director of Public Prosecutions Act 1986 No 207<br />

Discharged Servicemen's Badges Act 1964 No 49<br />

District Court Act 1973 No 9<br />

Domicile Act 1979 No 118<br />

Dormant Funds Act 1942 No 25<br />

Drug Court Act 1998 No 150<br />

Drug Misuse and Trafficking Act 1985 No 226 (except part, Minister for Police, and Minister for<br />

Health)<br />

Dust Diseases Tribunal Act 1989 No 63<br />

Electronic Transactions Act 2000 No 8<br />

Employees Liability Act 1991 No 4<br />

Evidence Act 1995 No 25<br />

Evidence (Audio and Audio Visual Links) Act 1998 No 105<br />

Evidence (Children) Act 1997 No 143<br />

Evidence (Consequential and Other Provisions) Act 1995 No 27, Schedule 2<br />

Evidence on Commission Act 1995 No 26<br />

Factors (Mercantile Agents) Act 1923 No 2<br />

Family Provision Act 1982 No 160<br />

Federal Courts (State Jurisdiction) Act 1999 No 22<br />

Felons (Civil Proceedings) Act 1981 No 84<br />

Financial Transaction Reports Act 1992 No 99<br />

Fines Act 1996 No 99, Part 2, Divisions 1 and 2, section 120 (in so far as it relates to registrars of the<br />

courts and the Sheriff) and section 123 (remainder, Treasurer)<br />

Foreign Judgments Act 1973 No 39<br />

Forfeiture Act 1995 No 65<br />

Frustrated Contracts Act 1978 No 105<br />

Futures Industry (Application of Laws) Act 1986 No 66<br />

Futures Industry (New South Wales) Code<br />

Greek Orthodox Archdiocese of Australia Consolidated Trust Act 1994 No 65<br />

Habitual Criminals Act 1957 No 19<br />

Holy Apostolic Catholic Assyrian Church of the East Property Trust Act 1992 No 10<br />

Imperial Acts Application Act 1969 No 30<br />

Inclosed Lands Protection Act 1901 No 33<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 597<br />

Industrial Relations Act 1996 No 17, sections 147, 148 (except in relation to the appointment of<br />

Commissioners), 149, 150, 151, 152, 153, 154, 156(3), 157(3), 159(2), 164(2), 168, 180,<br />

185(2)(d) and (e), 196, 197, 207, 208, 381, 382, 383, 407 (in relation to provisions administered<br />

by the Attorney General), Schedule 2 (in relation to provisions administered by the Attorney<br />

General), and Schedule 4 (in relation to provisions administered by the Attorney General),<br />

(remainder, Minister for Industrial Relations)<br />

Inebriates Act 1912 No 24<br />

Infants' Custody and Settlements Act 1899 No 39<br />

Inheritance Act of 1901 No 19<br />

Insurance Act 1902 No 49<br />

Insurance (Application of Laws) Act 1986 No 13<br />

Intoxicated Persons Act 1979 No 67<br />

Judges' Pensions Act 1953 No 41<br />

Judgment Creditors' Remedies Act 1901 No 8<br />

Judicial Office (Papua New Guinea) Act 1979 No 177<br />

Judicial Officers Act 1986 No 100<br />

Jurisdiction of Courts (Cross-vesting) Act 1987 No 125<br />

Jurisdiction of Courts (Foreign Land) Act 1989 No 190<br />

Jury Act 1977 No 18<br />

Justices of the Peace Act 2002 No 27<br />

Land and Environment Court Act 1979 No 204<br />

Law and Justice Foundation Act 2000 No 97<br />

Law Courts Limited Act 1977 No 10<br />

Law Enforcement (Powers and Responsibilities) Act 2002 No 103<br />

Law Reform Commission Act 1967 No 39<br />

Law Reform (Law and Equity) Act 1972 No 28<br />

Law Reform (Marital Consortium) Act 1984 No 38<br />

Law Reform (Miscellaneous Provisions) Act 1944 No 28<br />

Law Reform (Miscellaneous Provisions) Act 1946 No 33<br />

Law Reform (Miscellaneous Provisions) Act 1965 No 32<br />

Law Reform (Vicarious Liability) Act 1983 No 38<br />

Legal Aid Commission Act 1979 No 78<br />

Legal Profession Act 1987 No 109<br />

Lie Detectors Act 1983 No 62<br />

Limitation Act 1969 No 31<br />

Liquor Act 1982 No 147, Part 2 (remainder, Minister for Gaming and Racing)<br />

Listening Devices Act 1984 No 69<br />

Local Courts Act 1982 No 164<br />

Local Courts (Civil Claims) Act 1970 No 11<br />

Lutheran Church of Australia (New South Wales District) Property Trust Act 1982 No 101<br />

Maintenance, Champerty and Barratry Abolition Act 1993 No 88<br />

Maintenance Orders (Facilities for Enforcement) Act 1923 No 4<br />

Marketable Securities Act 1970 No 72<br />

Married Persons (Equality of Status) Act 1996 No 96<br />

Matrimonial Causes Act 1899 No 14<br />

Mental Health (Criminal Procedure) Act 1990 No 10<br />

Methodist Church of Samoa in Australia Property Trust Act 1998 No 96<br />

Mining Act 1992 No 29, section 293 (remainder, Minister for Mineral Resources)<br />

Minors (Property and Contracts) Act 1970 No 60<br />

Moratorium Act 1932 No 57<br />

Notice of Action and Other Privileges Abolition Act 1977 No 19<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


598 LEGISLATION 13 <strong>February</strong> 2004<br />

Oaths Act 1900 No 20<br />

Parliamentary Papers (Supplementary Provisions) Act 1975 No 49<br />

Partnership Act 1892 55 Vic. No 12<br />

Piracy Punishment Act 1902 No 69<br />

Police Powers (Drug Detection Dogs) Act 2001 No 115<br />

Police Powers (Drug Premises) Act 2001 No 30<br />

Police Powers (Internally Concealed Drugs) Act 2001 No 31<br />

Police (Special Provisions) Act 1901 No 5 (except part, Minister for Police)<br />

Powers of Attorney Act 2003 No 53<br />

Presbyterian Church of Australia Act 1971 No 42<br />

Pre-Trial Diversion of Offenders Act 1985 No 153<br />

Printing and Newspapers Act 1973 No 46<br />

Privacy and Personal Information Protection Act 1998 No 133<br />

Professional Standards Act 1994 No 81<br />

Property (Relationships) Act 1984 No 147<br />

Protected Estates Act 1983 No 179<br />

Public Defenders Act 1995 No 28<br />

Public Notaries Act 1997 No 98<br />

Public Trustee Act 1913 No 19<br />

Recovery of Imposts Act 1963 No 21<br />

Reorganised Church of Jesus Christ of Latter Day Saints Trust Property Act 1959 No 13<br />

Restraints of Trade Act 1976 No 67<br />

Restricted Premises Act 1943 No 6<br />

Roman Catholic Church Communities' Lands Act 1942 No 23<br />

Roman Catholic Church Trust Property Act 1936 No 24<br />

Royal Blind Society (Corporate Conversion) Act 2003 No 64<br />

Royal Institute for Deaf and Blind Children Act 1998 No 6<br />

Russian Orthodox Church (<strong>NSW</strong>) Property Trust Act 1991 No 91<br />

Sale of Goods Act 1923 No 1<br />

Sale of Goods (Vienna Convention) Act 1986 No 119<br />

Scout Association of Australia (New South Wales Branch) Incorporation Act 1928 No 26<br />

Sea-Carriage Documents Act 1997 No 92<br />

Search Warrants Act 1985 No 37<br />

Securities Industry (Application of Laws) Act 1981 No 61<br />

Sheriff Act 1900 No 16<br />

Solicitor General Act 1969 No 80<br />

Standard Time Act 1987 No 149<br />

Status of Children Act 1996 No 76<br />

Stewards' Foundation of Christian Brethren Act 1989 No 172<br />

Suitors' Fund Act 1951 No 3<br />

Summary Offences Act 1988 No 25<br />

Sunday (Service of Process) Act 1984 No 45<br />

Supreme Court Act 1970 No 52<br />

Telecommunications (Interception) (New South Wales) Act 1987 No 290<br />

Terrorism (Commonwealth Powers) Act 2002 No 114<br />

Terrorism (Police Powers) Act 2002 No 115<br />

Testator's Family Maintenance and Guardianship of Infants Act 1916 No 41<br />

Trustee Act 1925 No 14<br />

Trustee Companies Act 1964 No 6<br />

Trustees Delegation of Powers Act 1915 No 31<br />

Unauthorised Documents Act 1922 No 6<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 599<br />

Uncollected Goods Act 1995 No 68<br />

Uniting Church in Australia Act 1977 No 47<br />

Victims Rights Act 1996 No 114<br />

Victims Support and Rehabilitation Act 1996 No 115<br />

Voluntary Workers (Soldiers' Holdings) Amendment Act 1974 No 27, sections 4 to 9 (remainder,<br />

Minister for Natural Resources, and Minister Assisting the Minister for Natural Resources<br />

(Lands))<br />

Westpac Banking Corporation (Transfer of Incorporation) Act 2000 No 71<br />

Wills, Probate and Administration Act 1898 No 13 (except parts, Treasurer)<br />

Witnesses Examination Act 1900 No 34<br />

Workplace Video Surveillance Act 1998 No 52<br />

Young Offenders Act 1997 No 54 (except parts, Minister for Juvenile Justice)<br />

MINISTER FOR THE ENVIRONMENT<br />

Contaminated Land Management Act 1997 No 140<br />

Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Jenolan Caves<br />

Reserves, reserve number 190075 for preservation of caves, preservation of fauna, preservation<br />

of native flora and public recreation and the land dedicated for the public purpose of<br />

accommodation house D590137, in the Parishes of Jenolan, Bombah and Bouverie, Counties<br />

of Westmoreland and Georgiana, (remainder, Minister for Natural Resources, Minister for<br />

Tourism and Sport and Recreation, and Minister Assisting the Minister for Natural Resources<br />

(Lands))<br />

Environmental Trust Act 1998 No 82<br />

Environmentally Hazardous Chemicals Act 1985 No 14<br />

Forestry and National Park Estate Act 1998 No 163 (Part 2, and Schedules 1-7, remainder Minister<br />

for Natural Resources)<br />

Forestry Restructuring and Nature Conservation Act 1995 No 50<br />

Forestry Revocation and National Park Reservation Act 1996 No 131<br />

Forestry Revocation and National Parks Reservation Act 1983 No 37<br />

Forestry Revocation and National Parks Reservation Act 1984 No 85<br />

Lane Cove National Park (Sugarloaf Point Additions) Act 1996 No 71<br />

Lord Howe Island Act 1953 No 39<br />

Lord Howe Island Aerodrome Act 1974 No 25<br />

Marine Parks Act 1997 No 64 (jointly with the Minister for Agriculture and Fisheries)<br />

National Environment Protection Council (New South Wales) Act 1995 No 4<br />

National Park Estate (Reservations) Act 2002 No 137<br />

National Park Estate (Reservations) Act 2003 No 24<br />

National Park Estate (Southern Region Reservations) Act 2000 No 103<br />

National Parks and Wildlife Act 1974 No 80 (except in so far as it relates to part of Burrinjuck State<br />

Recreation Area, Minister for Natural Resources)<br />

National Parks and Wildlife (Adjustment of Areas) Act 2001 No 49<br />

Nature Conservation Trust Act 2001 No 10<br />

Ozone Protection Act 1989 No 208<br />

Pesticides Act 1999 No 80<br />

Protection of the Environment Administration Act 1991 No 60<br />

Protection of the Environment Operations Act 1997 No 156<br />

Radiation Control Act 1990 No 13<br />

Recreation Vehicles Act 1983 No 136 (except parts, Minister for Roads)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


600 LEGISLATION 13 <strong>February</strong> 2004<br />

Road and Rail Transport (Dangerous Goods) Act 1997 No 113, so far as it relates to the on-road<br />

and on-rail transport of dangerous goods by road or rail (remainder, Minister for Industrial<br />

Relations)<br />

Roads Act 1993 No 33, so far as it relates to Lord Howe Island (remainder, Minister for Roads,<br />

Minister for Natural Resources, Minister for Local <strong>Government</strong>, and Minister Assisting<br />

the Minister for Natural Resources (Lands))<br />

Royal Botanic Gardens and Domain Trust Act 1980 No 19<br />

Sydney Water Catchment Management Act 1998 No 171<br />

Threatened Species Conservation Act 1995 No 101<br />

Waste Avoidance and Resource Recovery Act 2001 No 58<br />

Waste Recycling and Processing Corporation Act 2001 No 59<br />

Wilderness Act 1987 No 196<br />

Zoological Parks Board Act 1973 No 34<br />

MINISTER FOR ROADS<br />

Campbelltown Presbyterian Cemetery Act 1984 No 19<br />

Driving Instructors Act 1992 No 3<br />

Motor Vehicles Taxation Act 1988 No 111<br />

Recreation Vehicles Act 1983 No 136, Parts 4 and 6 (remainder, Minister for the Environment)<br />

Road Transport (Driver Licensing) Act 1998 No 99<br />

Road Transport (General) Act 1999 No 18<br />

Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72<br />

Road Transport (Safety and Traffic Management) Act 1999 No 20<br />

Road Transport (Vehicle Registration) Act 1997 No 119<br />

Roads Act 1993 No 33 (except parts, Minister for the Environment, Minister for Natural<br />

Resources, Minister for Local <strong>Government</strong>, and Minister Assisting the Minister for<br />

Natural Resources (Lands))<br />

Sydney Harbour Tunnel (Private Joint Venture) Act 1987 No 49<br />

Transport Administration Act 1988 No 109, Part 6, and so much of the Act as relates to the<br />

Roads and Traffic Authority (remainder, Minister for Transport Services)<br />

MINISTER FOR HOUSING<br />

Aboriginal Housing Act 1998 No 47<br />

Commonwealth and State Housing Agreement Act 1946 No 19<br />

Commonwealth and State Housing Agreement Act 1955 No 41<br />

HomeFund Restructuring Act 1993 No 112 (except parts, Minister for Commerce, and Minister<br />

for Fair Trading)<br />

Housing Act 2001 No 52<br />

Housing Agreement Act 1956 No 35<br />

Housing Agreement Act 1961 No 39<br />

Housing Agreement Act 1966 No 40<br />

Housing Agreement Act 1973 No 57<br />

Housing Agreement Act 1974 No 90<br />

Housing Agreement Act 1978 No 149<br />

Housing Agreement Act 1981 No 129<br />

Housing Agreement Act 1985 No 32<br />

Landcom Corporation Act 2001 No 129<br />

Loan Fund Companies Act 1976 No 94<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 601<br />

MINISTER FOR HEALTH<br />

Ambulance Services Act 1990 No 16<br />

Anatomy Act 1977 No 126<br />

Cancer Institute (<strong>NSW</strong>) Act 2003 No 14<br />

Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192<br />

Chiropractors Act 2001 No 15<br />

Dental Practice Act 2001 No 64<br />

Dental Technicians Registration Act 1975 No 40<br />

Dentists Act 1989 No 139<br />

Drug Misuse and Trafficking Act 1985 No 226, Part 2A (jointly with the Minister for Police,<br />

remainder, Attorney General)<br />

Fluoridation of Public Water Supplies Act 1957 No 58<br />

Food Act 1989 No 231<br />

Food Act 2003 No 43<br />

Garvan Institute of Medical Research Act 1984 No 106<br />

Gladesville Mental Hospital Cemetery Act 1960 No 45<br />

Health Administration Act 1982 No 135<br />

Health Care Complaints Act 1993 No 105<br />

Health Care Liability Act 2001 No 42<br />

Health Professionals (Special Events Exemption) Act 1997 No 90<br />

Health Records and Information Privacy Act 2002 No 71<br />

Health Services Act 1997 No 154<br />

Human Tissue Act 1983 No 164<br />

Lunacy and Inebriates (Commonwealth Agreement Ratification) Act 1937 No 37<br />

Lunacy (Norfolk Island) Agreement Ratification Act 1943 No 32<br />

Medical Practice Act 1992 No 94<br />

Mental Health Act 1990 No 9<br />

New South Wales Cancer Council Act 1995 No 43<br />

New South Wales Institute of Psychiatry Act 1964 No 44<br />

Nurses Act 1991 No 9<br />

Nursing Homes Act 1988 No 124<br />

Optical Dispensers Act 1963 No 35<br />

Optometrists Act 1930 No 20<br />

Optometrists Act 2002 No 30<br />

Osteopaths Act 2001 No 16<br />

Pharmacy Act 1964 No 48<br />

Physiotherapists Act 2001 No 67<br />

Podiatrists Act 1989 No 23<br />

Podiatrists Act 2003 No 69<br />

Poisons and Therapeutic Goods Act 1966 No 31<br />

Private Hospitals and Day Procedure Centres Act 1988 No 123<br />

Psychologists Act 2001 No 69<br />

Public Health Act 1991 No 10<br />

Smoke-free Environment Act 2000 No 69<br />

Sydney Hospital (Trust Property) Act 1984 No 133<br />

Tuberculosis Act 1970 No 18<br />

MINISTER FOR TRANSPORT SERVICES<br />

Air Navigation Act 1938 No 9<br />

Air Transport Act 1964 No 36<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


602 LEGISLATION 13 <strong>February</strong> 2004<br />

Border Railways (Grain Elevators) Amendment Act 1957 No 9<br />

Broken Hill to South Australian Border Railway Agreement Act 1968 No 59<br />

Civil Aviation (Carriers' Liability) Act 1967 No 64<br />

Commercial Vessels Act 1979 No 41<br />

Glenreagh to Dorrigo Railway (Closure) Act 1993 No 65<br />

Marine (Boating Safety-Alcohol and Drugs) Act 1991 No 80<br />

Marine Pilotage Licensing Act 1971 No 56<br />

Marine Pollution Act 1987 No 299<br />

Marine Safety Act 1998 No 121<br />

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78<br />

Maritime Services Act 1935 No 47<br />

National Rail Corporation (Agreement) Act 1991 No 82<br />

Navigation Act 1901 No 60<br />

Parking Space Levy Act 1992 No 32<br />

Passenger Transport Act 1990 No 39<br />

Ports Corporatisation and Waterways Management Act 1995 No 13<br />

Rail Safety Act 2002 No 96<br />

Railway Construction (East Hills to Campbelltown) Act 1983 No 111<br />

Railway Construction (Maldon to Port Kembla) Act 1983 No 112<br />

Tow Truck Industry Act 1998 No 111<br />

Transport Administration Act 1988 No 109 (except part, Minister for Roads)<br />

MINISTER FOR THE HUNTER<br />

Nil<br />

MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (FORESTS)<br />

The Minister Assisting the Minister for Natural Resources (Forests) has joint administration of the<br />

following Acts with the Minister for Natural Resources<br />

Forestry Act 1916 No 55<br />

Softwood Forestry Agreement Act 1968 No 20<br />

Softwood Forestry Agreement Ratification Act 1980 No 90<br />

Softwood Forestry (Further Agreement) Act 1973 No 7<br />

Timber Marketing Act 1977 No 72<br />

MINISTER FOR POLICE<br />

Australian Crime Commission (New South Wales) Act 2003 No 13<br />

Child Protection (Offenders Registration) Act 2000 No 42<br />

Commercial Agents and Private Inquiry Agents Act 1963 No 4<br />

Criminal Assets Recovery Act 1990 No 23<br />

Drug Misuse and Trafficking Act 1985 No 226, Part 2A (jointly with the Minister for Health,<br />

remainder Attorney General)<br />

Federation of New South Wales Police-Citizens Youth Clubs (Reconstitution) Act 1989 No 163<br />

Firearms Act 1996 No 46<br />

Law Enforcement and National Security (Assumed Identities) Act 1998 No 154<br />

Law Enforcement (Controlled Operations) Act 1997 No 136<br />

New South Wales Crime Commission Act 1985 No 117<br />

Police Act 1990 No 47<br />

Police Department (Transit Police) Act 1989 No 58<br />

Police Integrity Commission Act 1996 No 28<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 603<br />

Police Powers (Drug Detection in Border Areas Trial) Act 2003 No 28<br />

Police Powers (Vehicles) Act 1998 No 166<br />

Police (Special Provisions) Act 1901 No 5, Part 4 (remainder, Attorney General)<br />

Road Obstructions (Special Provisions) Act 1979 No 9<br />

Security Industry Act 1997 No 157<br />

Sporting Venues (Pitch Invasions) Act 2003 No 44<br />

Weapons Prohibition Act 1998 No 127<br />

Witness Protection Act 1995 No 87<br />

Wool, Hide and Skin Dealers Act 1935 No 40<br />

MINISTER FOR COMMUNITY SERVICES<br />

Adoption Act 2000 No 75<br />

Child Welfare (Commonwealth Agreement Ratification) Act 1941 No 11<br />

Child Welfare (Commonwealth Agreement Ratification) Act 1962 No 28<br />

Children and Young Persons (Care and Protection) Act 1998 No 157<br />

Children (Care and Protection) Act 1987 No 54<br />

Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the Minister<br />

for Ageing, and the Minister for Disability Services)<br />

Community Welfare Act 1987 No 52 (jointly with the Minister for Disability Services)<br />

MINISTER FOR AGEING<br />

Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the<br />

Minister<br />

for Community Services, and the Minister for Disability Services)<br />

Home Care Service Act 1988 No 6 (jointly with the Minister for Disability Services)<br />

MINISTER FOR DISABILITY SERVICES<br />

Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the<br />

Minister for Community Services, and the Minister for Ageing)<br />

Community Welfare Act 1987 No 52 (jointly with the Minister for Community Services)<br />

Disability Services Act 1993 No 3<br />

Guardianship Act 1987 No 257<br />

Home Care Service Act 1988 No 6 (jointly with the Minister for Ageing)<br />

Youth and Community Services Act 1973 No 90<br />

MINISTER FOR YOUTH<br />

Child Protection (Prohibited Employment) Act 1998 No 147<br />

Commission for Children and Young People Act 1998 No 146<br />

Youth Advisory Council Act 1989 No 39<br />

MINISTER FOR ENERGY AND UTILITIES<br />

Aberdare County Council (Dissolution) Act 1982 No 74<br />

AGL Corporate Conversion Act 2002 No 16<br />

Eastern Gas Pipeline (Special Provisions) Act 1996 No 126<br />

Electricity Safety Act 1945 (1946 No 13) (except part jointly with Minister for Commerce, and<br />

Minister for Fair Trading)<br />

Electricity Supply Act 1995 No 94<br />

Energy Administration Act 1987 No 103<br />

Eraring Power Station Act 1981 No 107<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


604 LEGISLATION 13 <strong>February</strong> 2004<br />

Gas Industry Restructuring Act 1986 No 213<br />

Gas Pipelines Access (New South Wales) Act 1998 No 41<br />

Gas Supply Act 1996 No 38 (except parts, jointly Minister for Commerce, and Minister for Fair<br />

Trading)<br />

Gosford-Wyong Electricity Supply (Special Provisions) Act 1985 No 182<br />

Hunter Water Act 1991 No 53 (except parts, Minister for Natural Resources)<br />

National Electricity (New South Wales) Act 1997 No 20<br />

Northern Rivers County Council (Undertaking Acquisition) Act 1981 No 95<br />

Pipelines Act 1967 No 90<br />

Public Works Act 1912 No 45, sections 34(3) and 34(4) (remainder, Minister for Commerce)<br />

Sydney Water Act 1994 No 88<br />

Water Act 1912 No 44, sub-sections 27(1) (e1) and (e2) jointly with the Minister for Natural<br />

Resources (remainder, Minister for Natural Resources)<br />

Water Management Act 2000 No 92, sections 71G, 76 and 85, Chapter 3 Part 4, Chapter 7 Parts 2, 4<br />

and 5, Chapter 8 Part 2 (except sub-sections 372(1) (c), (5) and (6)) and Chapter 9 (except<br />

sections 392, 393 and 404) jointly with the Minister for Natural Resources; Chapter 5 Part 1<br />

(all); Chapter 6 Part 2, Chapter 7 Parts 1 and 3, and Schedules 3, 4 and 5 in so far as they relate<br />

to the Fish River Water Supply Scheme and the following water supply authorities: Cobar<br />

Water Board, Gosford City Council, Sydney Olympic Park Authority, Wyong Council, and<br />

Australian Inland Energy Water Infrastructure (remainder, Minister for Natural Resources)<br />

MINISTER FOR SCIENCE AND MEDICAL RESEARCH<br />

Human Cloning and Other Prohibited Practices Act 2003 No 20<br />

Research Involving Human Embryos (New South Wales) Act 2003 No 21<br />

MINISTER ASSISTING THE MINISTER FOR HEALTH (CANCER)<br />

Nil<br />

MINISTER ASSISTING THE PREMIER ON THE ARTS<br />

Nil<br />

MINISTER FOR TOURISM AND SPORT AND RECREATION<br />

Boxing and Wrestling Control Act 1986 No 11<br />

Centennial Park and Moore Park Trust Act 1983 No 145<br />

Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Parramatta Park,<br />

reserve number D500239, the Crown Reserve known as Wollongong Sportsground, reserve<br />

number D580096 for public recreation and tourist purposes, in the Parish of Wollongong,<br />

County of Camden, the Crown Reserve known as Newcastle International Sports Centre,<br />

reserve number D84753 for public recreation, in the Parish of Newcastle, County of<br />

Northumberland, the Crown Reserve known as Newcastle Showground, reserve number<br />

D570083 for showground, in the Parish of Newcastle, County of Northumberland, and Luna<br />

Park Reserve (within the meaning of the Luna Park Site Act 1990) (remainder, Minister for<br />

Natural Resources, Minister for the Environment, and Minister Assisting the Minister for<br />

Natural Resources (Lands))<br />

Institute of Sport Act 1995 No 52<br />

Luna Park Site Act 1990 No 59<br />

Motor Vehicle Sports (Public Safety) Act 1985 No 24<br />

Mount Panorama Motor Racing Act 1989 No 108<br />

Newcastle Agricultural, Horticultural, and Industrial Association Act of 1905<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 605<br />

Newcastle International Sports Centre Act 1967 No 63<br />

Parramatta Park (Old <strong>Government</strong> House) Act 1967 No 33<br />

Parramatta Park Trust Act 2001 No 17<br />

Parramatta Stadium Trust Act 1988 No 86<br />

Sporting Bodies' Loans Guarantee Act 1977 No 3<br />

Sporting Venues Management Act 2002 No 56<br />

Sports Drug Testing Act 1995 No 45<br />

State Sports Centre Trust Act 1984 No 68<br />

Sydney Cricket and Sports Ground Act 1978 No 72<br />

Sydney Entertainment Centre Act 1980 No 135<br />

Sydney Olympic Park Authority Act 2001 No 57<br />

Sydney 2000 Games Administration Act 2000 No 81<br />

Tourism New South Wales Act 1984 No 46<br />

Wollongong Sportsground Act 1986 No 174<br />

MINISTER FOR WOMEN<br />

Nil<br />

MINISTER FOR RURAL AFFAIRS<br />

Nil<br />

MINISTER FOR LOCAL GOVERNMENT<br />

Carlingford Drainage Improvement (Land Exchange) Act 1992 No 68<br />

City of Sydney Act 1988 No 48<br />

Collarenebri Water Supply Act 1968 No 18<br />

Companion Animals Act 1998 No 87<br />

Country Towns Water Supply and Sewerage (Debts) Act 1937 No 32<br />

Dividing Fences Act 1991 No 72<br />

Glen Davis Act 1939 No 38 (except part, Minister for Commerce)<br />

Grafton Water Supply Act 1956 No 33<br />

Impounding Act 1993 No 31<br />

Local <strong>Government</strong> Act 1993 No 30<br />

Local <strong>Government</strong> Areas Amalgamation Act 1980 No 110<br />

Local <strong>Government</strong> Associations Incorporation Act 1974 No 20<br />

Local <strong>Government</strong> (City of Sydney Boundaries) Act 1967 No 48<br />

Newcastle (Miscellaneous Lands) Act 1979 No 140<br />

Newcastle National Park Enabling Act 1924 No 49<br />

Queen Victoria Building Site Act 1952 No 30<br />

Roads Act 1993 No 33, section 178 (2); Division 2 of Part 3 (so far as it relates to the widening of a<br />

public road for which a council is the roads authority); section 175 (so far as it relates to the<br />

power to enter land along or near a public road for which a council is the roads authority); and<br />

section 252 (so far as it relates to the functions of the Minister for Local <strong>Government</strong> under the<br />

Act) (remainder, Minister for the Environment, Minister for Natural Resources, Minister for<br />

Roads, and Minister Assisting the Minister for Natural Resources (Lands))<br />

Swimming Pools Act 1992 No 49<br />

Walgett Water Supply Act 1959 No 17<br />

MINISTER FOR EMERGENCY SERVICES<br />

Fire Brigades Act 1989 No 192<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


606 LEGISLATION 13 <strong>February</strong> 2004<br />

Fire Services Joint Standing Committee Act 1998 No 18<br />

Rural Fires Act 1997 No 65<br />

State Emergency and Rescue Management Act 1989 No 165<br />

State Emergency Service Act 1989 No 164<br />

MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (LANDS)<br />

The Minister Assisting the Minister for Natural Resources (Lands) has joint administration of the<br />

following Acts with the Minister for Natural Resources (except section 7 of the Chipping Norton Lake<br />

Authority Act 1977 No 38 which is solely administered by the Minister Assisting the Minister for<br />

Natural Resources (Lands))<br />

Access to Neighbouring Land Act 2000 No 2<br />

Bills of Sale Act 1898 No 10<br />

Botany Cemetery and Crematorium Act 1972 No 6<br />

Camperdown Cemetery Act 1948 No 14<br />

Chipping Norton Lake Authority Act 1977 No 38 (section 7 solely administered by the Minister<br />

Assisting the Minister for Natural Resources (Lands) as noted above)<br />

Christ Church Cathedral, Newcastle, Cemetery Act 1966 No 20<br />

Commons Management Act 1989 No 13<br />

Community Land Development Act 1989 No 201<br />

Conversion of Cemeteries Act 1974 No 17<br />

Conveyancing Act 1919 No 6<br />

Conveyancing and Law of Property Act 1898 No 17<br />

Crown Lands Act 1989 No 6 (except parts, Minister for the Environment, and Minister for Tourism<br />

and Sport and Recreation)<br />

Crown Lands (Continued Tenures) Act 1989 No 7<br />

Crown Lands (Validation of Revocations) Act 1983 No 55<br />

Encroachment of Buildings Act 1922 No 23<br />

Geographical Names Act 1966 No 13<br />

Gore Hill Memorial Cemetery Act 1986 No 116<br />

Gosford Cemeteries Act 1970 No 84<br />

Land Agents Act 1927 No 3<br />

Land Sales Act 1964 No 12<br />

Liens on Crops and Wool and Stock Mortgages Act 1898 No 7<br />

Mudgee Cemeteries Act 1963 No 2<br />

Native Title (New South Wales) Act 1994 No 45<br />

Necropolis Act 1901 (1902 No 20)<br />

Old Balmain (Leichhardt) Cemetery Act 1941 No 12<br />

Old Liverpool Cemetery Act 1970 No 49<br />

Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 No 56<br />

Old Wallsend Cemetery Act 1953 No 5<br />

Parramatta Methodist Cemetery Act 1961 No 44<br />

Perpetuities Act 1984 No 43<br />

Public Reserves Management Fund Act 1987 No 179<br />

Queanbeyan Showground (Variation of Purposes) Act 1995 No 14<br />

Real Property Act 1900 No 25<br />

Real Property (Legal Proceedings) Act 1970 No 92<br />

Registrar-General Act 1973 No 67<br />

Roads Act 1993 No 33, Parts 2, 4 and 12 (section 178 (2) excepted) and section 148; and the<br />

remaining provisions of the Act so far as they relate to Crown roads (remainder, Minister for the<br />

Environment, Minister for Roads, and Minister for Local <strong>Government</strong>)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 607<br />

St. Andrew's Church of England, Mayfield, Cemetery Act 1957 No 39<br />

St. Andrew's Presbyterian Church, Woonona, Cemetery Act 1966 No 6<br />

St. Anne's Church of England, Ryde, Act 1968 No 47<br />

St. George's Church of England, Hurstville, Cemetery Act 1961 No 63<br />

St. Peter's Church of England, Cook's River, Cemetery Act 1968 No 48<br />

St. Thomas' Church of England, North Sydney, Cemetery Act 1967 No 22<br />

Strata Schemes (Freehold Development) Act 1973 No 68<br />

Strata Schemes (Leasehold Development) Act 1986 No 219<br />

Surveying Act 2002 No 83<br />

Transfer of Records Act 1923 No 14<br />

Trustees of Schools of Arts Enabling Act 1902 No 68<br />

Valuation of Land Act 1916 No 2<br />

Voluntary Workers (Soldiers' Holdings) Act 1917 No 25<br />

Voluntary Workers (Soldiers' Holdings) Amendment Act 1974 No 27 (except parts, Attorney<br />

General)<br />

Wagga Wagga Racecourse Act 1993 No 109, sections 4 and 5 (remainder, Minister for Gaming<br />

and Racing)<br />

Wild Dog Destruction Act 1921 No 17<br />

MINISTER FOR REGIONAL DEVELOPMENT<br />

Albury-Wodonga Development Act 1974 No 47<br />

Albury-Wodonga Development Repeal Act 2000 No 18<br />

Country Industries (Pay-roll Tax Rebates) Act 1977 No 79<br />

MINISTER FOR THE ILLAWARRA<br />

Nil<br />

MINISTER FOR SMALL BUSINESS<br />

Retail Leases Act 1994 No 46<br />

Small Business Development Corporation Act 1984 No 119<br />

MINISTER FOR AGRICULTURE AND FISHERIES<br />

Agricultural and Veterinary Chemicals (New South Wales) Act 1994 No 53<br />

Agricultural Industry Services Act 1998 No 45<br />

Agricultural Livestock (Disease Control Funding) Act 1998 No 139<br />

Agricultural Scientific Collections Trust Act 1983 No 148<br />

Agricultural Tenancies Act 1990 No 64<br />

Animal Research Act 1985 No 123<br />

Apiaries Act 1985 No 16<br />

Banana Industry Act 1987 No 66<br />

Biological Control Act 1985 No 199<br />

C.B. Alexander Foundation Incorporation Act 1969 No 61<br />

Dairy Adjustment Programme Agreement Ratification Act 1975 No 31<br />

Dairy Adjustment Programme Agreement Ratification Act 1977 No 98<br />

Dairy Industry Act 2000 No 54<br />

Dried Fruits (Repeal) Act 1997 No 124<br />

Exhibited Animals Protection Act 1986 No 123<br />

Exotic Diseases of Animals Act 1991 No 73<br />

Farm Debt Mediation Act 1994 No 91<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


608 LEGISLATION 13 <strong>February</strong> 2004<br />

Farm Produce Act 1983 No 30<br />

Farrer Memorial Research Scholarship Fund Act 1930 No 38<br />

Fertilisers Act 1985 No 5<br />

Fish Marketing Act 1994 No 37<br />

Fisheries Act 1935 No 58<br />

Fisheries Management Act 1994 No 38<br />

Food Production (Safety) Act 1998 No 128<br />

Game and Feral Animal Control Act 2002 No 64<br />

Gene Technology (GM Crop Moratorium) Act 2003 No 12<br />

Gene Technology (New South Wales) Act 2003 No 11<br />

Grain Marketing Act 1991 No 15<br />

Marginal Dairy Farms Reconstruction Scheme Agreement Ratification Act 1971 No 72<br />

Marine Parks Act 1997 No 64 (jointly with the Minister for the Environment)<br />

Marketing of Primary Products Act 1983 No 176<br />

Meat Industry Act 1978 No 54<br />

Murray Valley Citrus Marketing Act 1989 No 155<br />

Non-Indigenous Animals Act 1987 No 166<br />

Noxious Weeds Act 1993 No 11<br />

Plant Diseases Act 1924 No 38<br />

Poultry Meat Industry Act 1986 No 101<br />

Prevention of Cruelty to Animals Act 1979 No 200<br />

Rural Adjustment Scheme Agreement Act 1993 No 107<br />

Rural Assistance Act 1989 No 97<br />

Rural Lands Protection Act 1998 No 143<br />

Seeds Act 1982 No 14<br />

States and Northern Territory Grants (Rural Adjustment) Agreement Ratification Act 1985 No 113<br />

States and Northern Territory Grants (Rural Adjustment) Agreement Ratification Act 1989 No 168<br />

States Grants (Rural Adjustment) Agreement Ratification Act 1977 No 104<br />

States Grants (Rural Reconstruction) Agreement Ratification Act 1971 No 37<br />

Stock (Artificial Breeding) Act 1985 No 196<br />

Stock (Chemical Residues) Act 1975 No 26<br />

Stock Diseases Act 1923 No 34<br />

Stock Foods Act 1940 No 19<br />

Stock Medicines Act 1989 No 182<br />

Swine Compensation Act 1928 No 36<br />

Sydney Market Authority (Dissolution) Act 1997 No 62<br />

Veterinary Practice Act 2003 No 87<br />

Veterinary Surgeons Act 1986 No 55<br />

Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100<br />

MINISTER FOR JUVENILE JUSTICE<br />

Children (Community Service Orders) Act 1987 No 56<br />

Children (Detention Centres) Act 1987 No 57<br />

Children (Interstate Transfer of Offenders) Act 1988 No 85<br />

Young Offenders Act 1997 No 54, sections 49, 60 and 61, and Schedule 1 (remainder, Attorney<br />

General)<br />

MINISTER FOR WESTERN SYDNEY<br />

Nil<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 609<br />

MINISTER ASSISTING THE MINISTER FOR INFRASTRUCTURE AND PLANNING<br />

(PLANNING ADMINISTRATION)<br />

The Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) has<br />

joint administration of the following Acts with the Minister for Infrastructure and Planning (except<br />

section 8 of the Environmental Planning and Assessment Act 1979 No 203 and section 102 of the<br />

Heritage Act 1977 No 136 which are solely administered by the Minister Assisting the<br />

Minister for Infrastructure and Planning (Planning Administration))<br />

Environmental Planning and Assessment Act 1979 No 203<br />

Heritage Act 1977 No 136<br />

Sydney Harbour Foreshore Authority Act 1998 No 170<br />

MINISTER FOR FAIR TRADING<br />

The Minister for Fair Trading has joint administration of the following Acts with the Minister for<br />

Commerce<br />

Associations Incorporation Act 1984 No 143<br />

Business Names Act 1962 No 11<br />

Business Names Act 2002 No 97<br />

Community Land Management Act 1989 No 202<br />

Consumer Claims Act 1998 No 162<br />

Consumer Credit Administration Act 1995 No 69<br />

Consumer Credit (New South Wales) Act 1995 No 7<br />

Consumer, Trader and Tenancy Tribunal Act 2001 No 82<br />

Contracts Review Act 1980 No 16<br />

Conveyancers Licensing Act 1995 No 57<br />

Conveyancers Licensing Act 2003 No 3<br />

Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11<br />

Co-operatives Act 1992 No 18<br />

Credit Act 1984 No 94<br />

Credit (Finance Brokers) Act 1984 No 96<br />

Credit (Home Finance Contracts) Act 1984 No 97<br />

Door-to-Door Sales Act 1967 No 36<br />

Electricity Safety Act 1945 (1946 No 13) so far as it relates to electrical articles and electrical<br />

installations (jointly with Minister for Energy and Utilities)<br />

Fair Trading Act 1987 No 68<br />

Fitness Services (Pre-paid Fees) Act 2000 No 95<br />

Funeral Funds Act 1979 No 106<br />

Gas Supply Act 1996 No 38, section 83A (remainder, Minister for Energy and Utilities)<br />

Holiday Parks (Long-term Casual Occupation) Act 2002 No 88<br />

Home Building Act 1989 No 147<br />

HomeFund Commissioner Act 1993 No 9<br />

HomeFund Restructuring Act 1993 No 112, sections 14, 15, 16 and Schedule 2 (remainder,<br />

Minister for Housing)<br />

Landlord and Tenant Act 1899 No 18<br />

Landlord and Tenant (Amendment) Act 1948 No 25<br />

Landlord and Tenant (Rental Bonds) Act 1977 No 44<br />

Motor Dealers Act 1974 No 52<br />

Motor Vehicle Repairs Act 1980 No 71<br />

Pawnbrokers and Second-hand Dealers Act 1996 No 13<br />

Price Exploitation Code (New South Wales) Act 1999 No 55<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


610 LEGISLATION 13 <strong>February</strong> 2004<br />

Prices Regulation Act 1948 No 26<br />

Property, Stock and Business Agents Act 2002 No 66<br />

Registration of Interests in Goods Act 1986 No 37<br />

Residential Parks Act 1998 No 142<br />

Residential Tenancies Act 1987 No 26<br />

Retirement Villages Act 1999 No 81<br />

Strata Schemes Management Act 1996 No 138<br />

Trade Measurement Act 1989 No 233<br />

Trade Measurement Administration Act 1989 No 234<br />

Travel Agents Act 1986 No 5<br />

Valuers Act 2003 No 4<br />

Valuers Registration Act 1975 No 92<br />

Warehousemen's Liens Act 1935 No 19<br />

MINISTER ASSISTING THE MINISTER FOR COMMERCE<br />

The Minister Assisting the Minister for Commerce has joint administration of the following Acts with<br />

the Minister for Industrial Relations<br />

Industrial Relations (Ethical Clothing Trades) Act 2001 No 128<br />

MINISTER FOR JUSTICE<br />

Crimes (Administration of Sentences) Act 1999 No 93<br />

International Transfer of Prisoners (New South Wales) Act 1997 No 144<br />

Parole Orders (Transfer) Act 1983 No 190<br />

Prisoners (Interstate Transfer) Act 1982 No 104<br />

MINISTER ASSISTING THE PREMIER ON CITIZENSHIP<br />

Nil<br />

MINISTER FOR GAMING AND RACING<br />

Australian Jockey Club Act 1873<br />

Casino Control Act 1992 No 15<br />

Charitable Fundraising Act 1991 No 69<br />

Gambling (Two–up) Act 1998 No 115<br />

Gaming Machine Tax Act 2001 No 72<br />

Gaming Machines Act 2001 No 127<br />

Greyhound Racing Act 2002 No 38<br />

Harness Racing Act 2002 No 39<br />

Hawkesbury Racecourse Act 1996 No 74<br />

Innkeepers Act 1968 No 24<br />

Liquor Act 1982 No 147 (except part, Attorney General)<br />

Liquor (Repeals and Savings) Act 1982 No 148<br />

Lotteries and Art Unions Act 1901 No 34<br />

New South Wales Lotteries Corporatisation Act 1996 No 85<br />

Public Lotteries Act 1996 No 86<br />

Racing Administration Act 1998 No 114<br />

Racing Appeals Tribunal Act 1983 No 199<br />

Registered Clubs Act 1976 No 31<br />

Sydney Turf Club Act 1943 No 22<br />

Thoroughbred Racing Board Act 1996 No 37<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 LEGISLATION 611<br />

Totalizator Act 1997 No 45 (except sections, Treasurer)<br />

Unlawful Gambling Act 1998 No 113<br />

Wagga Wagga Racecourse Act 1993 No 109 (except sections, Minister for Natural Resources)<br />

MINISTER FOR MINERAL RESOURCES<br />

Coal Acquisition Act 1981 No 109<br />

Coal Mine Health and Safety Act 2002 No 129<br />

Coal Mines Regulation Act 1982 No 67<br />

Coal Ownership (Restitution) Act 1990 No 19<br />

Mine Subsidence Compensation Act 1961 No 22<br />

Mines Inspection Act 1901 No 75<br />

Mining Act 1992 No 29 (except part, Attorney General)<br />

Occupational Health and Safety Act 2000 No 40, so far as it relates to mines within the meaning of the<br />

Mines Inspection Act 1901 and the Coal Mines Regulation Act 1982 (remainder, Minister for<br />

Commerce)<br />

Offshore Minerals Act 1999 No 42<br />

Petroleum (Onshore) Act 1991 No 84<br />

Petroleum (Submerged Lands) Act 1982 No 23<br />

Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 No 194<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


612 LEGISLATION 13 <strong>February</strong> 2004<br />

Proclamation<br />

under the<br />

Proclamations<br />

New South Wales<br />

Crimes Legislation Amendment Act 2002<br />

s04-023-25.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\si\04\s04-023-25\p01\s04-023-25-p01EXN.fm 4/2/04, 11:45 am<br />

MARIE BASHIR, , Governor<br />

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with<br />

the advice of the Executive Council, and in pursuance of section 2 of the Crimes<br />

Legislation Amendment Act 2002, do, by this my Proclamation, appoint 14<br />

<strong>February</strong> 2004 as the day on which the uncommenced provisions of Schedule 9<br />

to that Act commence.<br />

Signed and sealed at Sydney, this 11th day of <strong>February</strong> day of 2004.<br />

2004.<br />

L.S.<br />

By Her Excellency’s Command,<br />

GOD SAVE THE QUEEN!<br />

BOB DEBUS, M.P.,<br />

Attorney Attorney General<br />

Explanatory note<br />

The object of this Proclamation is to commence amendments to the Mental Health<br />

(Criminal Procedure) Act 1990 that:<br />

(a) enable a person who breaches a condition of a discharge by a magistrate under<br />

section 32 of the Act to be brought back before the Magistrate, and<br />

(b) clarify the categories of persons that may be dealt with under section 32.


13 <strong>February</strong> 2004 LEGISLATION 613<br />

Proclamation<br />

under the<br />

New South Wales<br />

Powers of Attorney Act 2003 No 53<br />

MARIE BASHIR, , Governor<br />

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with<br />

the advice of the Executive Council, and in pursuance of section 2 of the Powers<br />

of Attorney Act 2003, do, by this my Proclamation, appoint 16 <strong>February</strong> 2004 as<br />

the day on which that Act commences.<br />

Signed and sealed at Sydney, this 11th day of <strong>February</strong> day of 2004. 2004.<br />

L.S.<br />

By Her Excellency’s Command,<br />

ANTHONY BERNARD KELLY, M.L.C.,<br />

Minister Assisting the the Minister Minister for for<br />

Natural Resources (Lands)<br />

GOD SAVE THE QUEEN!<br />

s03-781-94.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\si\03\s03-781-94\p01\s03-781-94-p01EXN.fm 12/2/04, 09:18 am


614 LEGISLATION 13 <strong>February</strong> 2004<br />

Proclamation<br />

under the<br />

New South Wales<br />

Registered Clubs Amendment Act 2003 No 93<br />

MARIE BASHIR, , Governor<br />

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with<br />

the advice of the Executive Council, and in pursuance of section 2 of the<br />

Registered Clubs Amendment Act 2003, do, by this my Proclamation, appoint 13<br />

<strong>February</strong> 2004 as the day on which the following provisions of that Act<br />

commence:<br />

(a) Schedule 1 [9] to the extent that it inserts Division 6 of Part 4A of the<br />

Registered Clubs Act 1976,<br />

(b) Schedule 1 [10] and [11].<br />

Signed and sealed at Sydney, this 11th day of <strong>February</strong> day of <strong>February</strong> 2004. 2004.<br />

L.S.<br />

By Her Excellency’s Command,<br />

GOD SAVE THE QUEEN!<br />

GRANT McBRIDE, M.P.,<br />

Minister for Gaming and Racing<br />

Explanatory note<br />

The object of this Proclamation is to commence the provisions of the Registered Clubs<br />

Amendment Act 2003 that provide for inquiries in relation to registered clubs and the<br />

making of savings and transitional regulations.<br />

s04-048-35.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\si\04\s04-048-35\p01\s04-048-35-p01EXN.fm 5/2/04, 09:26 am


13 <strong>February</strong> 2004 LEGISLATION 615<br />

Regulations<br />

New South Wales<br />

Rail Safety (Drug and Alcohol Testing)<br />

Amendment Regulation 2004<br />

under the<br />

Rail Safety Act 2002<br />

Her Excellency the Governor, with the advice of the Executive Council, has<br />

made the following Regulation under the Rail Safety Act 2002.<br />

MICHAEL COSTA, M.L.C.,<br />

Minister for Transport Services<br />

Explanatory note<br />

The objects of this Regulation are to:<br />

(a) prohibit an authorised officer or police officer from requiring a railway employee<br />

to undergo a breath test, submit to an assessment or a breath analysis or provide<br />

a sample of blood or urine after the employee has ceased to be on duty on a<br />

particular day, other than in a case where the employee has been involved in an<br />

accident or irregular incident at work, and<br />

(b) reduce the required number of portions of a urine sample from 3 to 2 equal<br />

portions of the urine sample taken, and<br />

(c) explicitly provide for the role of authorised officers and police officers in<br />

requiring a sample of a railway employee’s urine to be taken and obtaining a<br />

sample of the urine.<br />

This Regulation is made under the Rail Safety Act 2002, including section 117 (the<br />

general regulation-making power) and Schedule 1.<br />

s03-571-41.p02 Page 1<br />

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616 LEGISLATION 13 <strong>February</strong> 2004<br />

Clause 1<br />

Page 2<br />

Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004<br />

Rail Safety (Drug and Alcohol Testing) Amendment<br />

Regulation 2004<br />

under the<br />

Rail Safety Act 2002<br />

1 Name of Regulation<br />

This Regulation is the Rail Safety (Drug and Alcohol Testing)<br />

Amendment Regulation 2004.<br />

2 Amendment of Rail Safety (Drug and Alcohol Testing)<br />

Regulation 2003<br />

The Rail Safety (Drug and Alcohol Testing) Regulation 2003 is<br />

amended as set out in Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 617<br />

Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004<br />

Amendments Schedule 1<br />

Schedule 1 Amendments<br />

(Clause 2)<br />

[1] Clause 15 Restrictions on requiring breath test, assessment,<br />

breath analysis or sample<br />

Insert after clause 15 (c):<br />

(ca) in the case of a person other than an employee who has<br />

been involved in an accident or irregular incident while<br />

carrying out railway safety work, after the employee<br />

has ceased to be on duty on a particular day, or<br />

[2] Clause 17 Action to be taken with respect to urine samples<br />

Insert “, authorised officer, police officer” before “or” where firstly<br />

occurring in clause 17 (1).<br />

[3] Clause 17 (1) (a)<br />

Omit the paragraph: Insert instead:<br />

(a) divide the sample into 2 approximately equal portions,<br />

and<br />

[4] Clause 17 (2) (a)<br />

Omit “by the medical practitioner, nurse or other person”.<br />

[5] Clause 17<br />

Omit clause 17 (2) (b) and (c). Insert instead:<br />

(b) the other must be kept by the authorised officer or<br />

police officer present when the sample was taken, or<br />

who obtained the sample.<br />

[6] Clause 17 (3)<br />

Omit “The authorised officer or police officer to whom a sample of urine<br />

is handed”.<br />

Insert instead “The authorised officer or police officer who obtains a<br />

sealed container containing a sample of urine”.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 3


618 LEGISLATION 13 <strong>February</strong> 2004<br />

Schedule 1 Amendments<br />

[7] Clause 17 (3) (a)<br />

Page 4<br />

Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004<br />

Omit “being handed the sample, place the sample”.<br />

Insert instead “obtaining the container, place the container”.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 619<br />

New South Wales<br />

Powers of Attorney Regulation 2004<br />

under the<br />

Powers of Attorney Act 2003<br />

Her Excellency the Governor, with the advice of the Executive Council, has<br />

made the following Regulation under the Powers of Attorney Act 2003.<br />

ANTHONY BERNARD KELLY, M.L.C.,<br />

Minister Assisting the Minister for Natural Resources (Lands)<br />

Explanatory note<br />

The object of this Regulation is to prescribe the classes of persons who may certify that<br />

a document is a true and complete copy of a power of attorney.<br />

This Regulation is made under the Powers of Attorney Act 2003, including sections<br />

44 (1) (a) (ii) and 53 (the general regulation-making power).<br />

This Regulation comprises or relates to matters of a machinery nature.<br />

s03-782-94.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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620 LEGISLATION 13 <strong>February</strong> 2004<br />

Powers of Attorney Regulation 2004<br />

Contents<br />

Page 2<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page<br />

1 Name of Regulation 3<br />

2 Commencement 3<br />

3 Definitions 3<br />

4 Certification of copy of power of attorney 3<br />

Schedule 1 Persons who may endorse documents under section 44<br />

of the Act 4


13 <strong>February</strong> 2004 LEGISLATION 621<br />

Powers of Attorney Regulation 2004 Clause 1<br />

Powers of Attorney Regulation 2004<br />

under the<br />

Powers of Attorney Act 2003<br />

1 Name of Regulation<br />

This Regulation is the Powers of Attorney Regulation 2004.<br />

2 Commencement<br />

3 Definitions<br />

This Regulation commences on 16 <strong>February</strong> 2004.<br />

In this Regulation:<br />

the Act means the Powers of Attorney Act 2003.<br />

4 Certification of copy of power of attorney<br />

For the purposes of section 44 (1) (a) (ii) of the Act, the following<br />

classes of persons are prescribed:<br />

(a) in the case of any document endorsed within Australia, the<br />

classes of persons referred to in Part 1 of Schedule 1,<br />

(b) in the case of any document endorsed within a foreign<br />

country, the classes of persons referred to in Part 2 of<br />

Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 3


622 LEGISLATION 13 <strong>February</strong> 2004<br />

Powers of Attorney Regulation 2004<br />

Schedule 1 Persons who may endorse documents under section 44 of the Act<br />

Schedule 1 Persons who may endorse documents<br />

under section 44 of the Act<br />

(Clause 4)<br />

Part 1 Persons that may endorse documents within<br />

Australia<br />

Page 4<br />

accountants<br />

bank managers<br />

barristers<br />

chancellors, deputy chancellors or deans of faculties of universities<br />

commissioned officers in the defence forces of the Commonwealth<br />

of Australia<br />

commissioners for taking affidavits<br />

dentists<br />

judges<br />

justices of the peace<br />

licensed conveyancers<br />

magistrates<br />

mayors or general managers of local government councils<br />

medical practitioners<br />

members of parliament of the Commonwealth or of any State or<br />

Territory<br />

members of the police force of the Commonwealth or of any State<br />

or Territory<br />

ministers of religion<br />

notaries public<br />

officers in charge of police stations<br />

pharmacists<br />

postal managers of post offices<br />

principals or deputy principals of schools or colleges<br />

registered surveyors<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 623<br />

Powers of Attorney Regulation 2004<br />

Persons who may endorse documents under section 44 of the Act Schedule 1<br />

registrars of Local Courts<br />

solicitors<br />

stockbrokers<br />

veterinary surgeons<br />

Part 2 Persons that may endorse documents within a<br />

foreign country<br />

Australian or British Consular Officers exercising functions in the<br />

country where the document is executed or witnessed<br />

commissioned officers in the defence forces of the Commonwealth<br />

of Australia<br />

commissioners for taking affidavits<br />

judges<br />

justices of the peace<br />

legal practitioners<br />

magistrates<br />

mayors or general managers of local government corporations<br />

medical practitioners<br />

notaries public<br />

officers in charge of police stations<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 5


624 LEGISLATION 13 <strong>February</strong> 2004<br />

New South Wales<br />

Road Transport (Safety and Traffic<br />

Management) (Road Rules)<br />

Amendment (University of<br />

Wollongong) Regulation 2004<br />

under the<br />

Road Transport (Safety and Traffic Management) Act 1999<br />

Her Excellency the Governor, with the advice of the Executive Council, has<br />

made the following Regulation under the Road Transport (Safety and Traffic<br />

Management) Act 1999.<br />

CARL SCULLY, M.P.,<br />

Minister<br />

Minister for<br />

for<br />

Roads<br />

Roads<br />

Explanatory note<br />

The object of this Regulation is to prescribe the University of Wollongong as a declared<br />

organisation within the meaning of the Road Transport (Safety and Traffic<br />

Management) (Road Rules) Regulation 1999 and to specify its area of operations. As a<br />

result, the University will be a parking authority within the meaning of that Regulation<br />

and will be empowered to establish and operate pay parking schemes (under Part 4 of<br />

that Regulation) and to issue parking permits (under Part 6 of that Regulation) in relation<br />

to its area of operations.<br />

This Regulation is made under the Road Transport (Safety and Traffic Management) Act<br />

1999, including section 71 (the general regulation-making power) and clause 2 of<br />

Schedule 1.<br />

s03-790-11.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 625<br />

Clause 1<br />

Page 2<br />

Road Transport (Safety and Traffic Management) (Road Rules)<br />

Amendment (University of Wollongong) Regulation 2004<br />

Road Transport (Safety and Traffic Management) (Road<br />

Rules) Amendment (University of Wollongong)<br />

Regulation 2004<br />

under the<br />

Road Transport (Safety and Traffic Management) Act 1999<br />

1 Name of Regulation<br />

This Regulation is the Road Transport (Safety and Traffic<br />

Management) (Road Rules) Amendment (University of<br />

Wollongong) Regulation 2004.<br />

2 Commencement<br />

This Regulation commences on 16 <strong>February</strong> 2004.<br />

3 Amendment of Road Transport (Safety and Traffic Management)<br />

(Road Rules) Regulation 1999<br />

The Road Transport (Safety and Traffic Management) (Road Rules)<br />

Regulation 1999 is amended as set out in Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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626 LEGISLATION 13 <strong>February</strong> 2004<br />

Road Transport (Safety and Traffic Management) (Road Rules)<br />

Amendment (University of Wollongong) Regulation 2004<br />

Amendment Schedule 1<br />

Schedule 1 Amendment<br />

Schedule 3 Declared organisations<br />

Insert in alphabetical order of organisations:<br />

University of<br />

Wollongong<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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(Clause 3)<br />

University of Wollongong Main Campus bounded by the F6<br />

Freeway, Madoline Street up to the Botanic Gardens, the<br />

Botanic Gardens’ end of Northfields Avenue and Robsons<br />

Road.<br />

University of Wollongong Campus East and Brandon Park<br />

bounded by Squires Way, Elliotts Road and Para Creek.<br />

International House Student Residence bounded by the<br />

Sydney to Wollongong Rail Line, Hindmarsh Avenue and<br />

the Northern Distributor.<br />

Weerona College Student Residence on the corner of Foleys<br />

Road and Throsby Drive backing on to the Wollongong<br />

Tennis Club’s tennis courts.<br />

Page 3


13 <strong>February</strong> 2004 LEGISLATION 627<br />

Other Legislation<br />

New South Wales<br />

Notice of Final Determination<br />

under the<br />

Threatened Species Conservation Act 1995<br />

The Scientific Committee established under the Threatened Species<br />

Conservation Act 1995 has made a final determination to insert the following<br />

matter as a key threatening process under that Act and, accordingly, Schedule 3<br />

to that Act is amended by inserting in alphabetical order:<br />

Entanglement in or ingestion of anthropogenic debris in marine and estuarine<br />

environments (as described in the final determination of the Scientific<br />

Committee to list the key threatening process)<br />

Dated, this 23rd day of January 2004.<br />

2004.<br />

Associate Professor Paul Adam<br />

Chairperson of the Scientific Committee<br />

Copies of final determination and reasons<br />

Copies of the final determination and the reasons for it are available to members<br />

of the public (free of charge) as follows:<br />

(a) on the Internet at www.nationalparks.nsw.gov.au,<br />

(b) by contacting the Scientific Committee Support Unit, by post C/-<br />

Department of Environment and Conservation, PO Box 1967, Hurstville,<br />

2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606,<br />

(c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.<br />

s04-007-43.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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628 LEGISLATION 13 <strong>February</strong> 2004<br />

<strong>NSW</strong> SCIENTIFIC COMMITTEE<br />

Final Determination<br />

THE Scientific Committee, established by the Threatened<br />

Species Conservation Act, has made a Final Determination<br />

to list the Entanglement in or ingestion of anthropogenic<br />

debris in marine and estuarine environments as a KEY<br />

THREATENING PROCESS in Schedule 3 of the Act.<br />

Listing of key threatening processes is provided for by Part<br />

2 of the Act.<br />

The Scientific Committee has found that:<br />

1. Anthropogenic debris in marine and estuarine<br />

environments (usually known as marine debris) is<br />

defined as pollution by human-generated objects (Faris<br />

and Hart 1996). Marine debris is mostly comprised of<br />

fishing gear, packaging materials, convenience items<br />

and raw plastics (Pruter 1987). The major sources of<br />

marine debris are from ship waste, recreational activities,<br />

aquaculture industry and both urban and rural discharges<br />

into rivers, estuaries and coastal areas (Faris and Hart<br />

1996, Frost and Cullen 1997, Herfort 1997).<br />

2. There is an increasing quantity of marine debris entering<br />

the marine environment every year (Laist 1987, Jones<br />

1995). In particular, the use of plastics in the fishing<br />

industry has become more widespread in the last four<br />

decades and this has resulted in large quantities of debris<br />

entering marine and estuarine environments (Henderson<br />

2001).<br />

3. Marine debris may be transported long distances by<br />

oceanic currents and is concentrated at convergence<br />

fronts and in coastal waters (Shaw and Mapes 1979, Carr<br />

1987). These marine areas are also highly productive<br />

ecosystems that support high densities of marine species<br />

and leads to their exposure to marine debris (Carr<br />

1987).<br />

Marine debris is known to entangle and be ingested<br />

by marine, estuarine and pelagic vertebrate species.<br />

Entanglement and ingestion may occur either<br />

accidentally while feeding or scavenging, or deliberately<br />

if marine debris is mistaken for prey items (Laist 1987).<br />

It can also be regurgitated by adult birds as food for<br />

hatchlings (Cooper 1995, Huin and Croxall 1996). Sublethal<br />

effects of entanglement or ingestion of marine<br />

debris may reduce an individual’s fitness and ability to<br />

successfully reproduce, catch prey and avoid predation<br />

(Ryan 1990, Pemberton et al. 1992).<br />

4. Detrimental effects of entanglement with marine debris<br />

include strangulation, increased drag, lacerations,<br />

infection and loss of limbs. Ingestion of marine debris<br />

may lead to the blockage and/or perforation of an<br />

individual’s digestive system (Prendergast and Johnson<br />

1996), or potentially, poisoning by polychlorinated<br />

biphenyls (PCBs). High levels of PCBs can suppress<br />

an individual’s immunity or reproductive ability<br />

(Hutchinson and Simmonds 1992), and amounts of<br />

ingested plastic have been positively correlated with<br />

levels of PCBs in seabirds (Ryan et al. 1988).<br />

5. Several studies have investigated the impact of marine<br />

debris on seals in Australian waters. A study of the New<br />

Zealand Fur-seal, Arctocephalus forsteri, population on<br />

Kangaroo Island found 0.8% of the population suffers<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

entanglements each year (Page et al. 2003). In Tasmanian<br />

waters between 1989 and 1993, 136 Australian Furseals,<br />

A. pusillus, were observed with plastic neck<br />

collars (Pemberton et al. 1992). Observations of<br />

juvenile Australian Fur-seals on Montague Island<br />

found entanglement around the neck by rope, strap or<br />

portions of trawl net on seven occasions (Shaughnessy<br />

et al. 2001).<br />

6. Records of injured and dead marine wildlife are kept by<br />

<strong>NSW</strong> National Parks & Wildlife Service (K. Waples, pers.<br />

comm.) and Taronga Zoo (L. Hall, pers. comm.). These<br />

databases show a wide variety of marine vertebrates<br />

are impacted by entanglement in line, the presence of<br />

hooks in the mouth or gut, wounds caused by line or net<br />

and gastric impaction by plastic bodies. A study of 173<br />

estuaries along the <strong>NSW</strong> coast found at least 10% of the<br />

Australian Pelican, Pelicanus conspicillatus, population<br />

to be suffering from entanglement by fishing line (L.<br />

Ferris pers. comm.). Overseas studies show that most<br />

albatross and giant-petrel species ingest plastic debris<br />

and regurgitate it as food for their offspring (Fry et al.<br />

1987, Ryan 1987, Sileo et al. 1990, Huin and Croxall<br />

1996, Robertson 1998).<br />

7. Cases of entanglement with and ingestion of marine<br />

debris have been recorded in the following species and<br />

populations that are threatened in <strong>NSW</strong>:<br />

Endangered Species<br />

Caretta caretta Loggerhead Turtle<br />

Diomedea exulans Wandering Albatross<br />

Macronectes giganteus Southern Giant-petrel<br />

Vulnerable Species<br />

Chelonia mydas Green Turtle<br />

Dermochelys coriacea Leathery Turtle<br />

Diomedea gibsoni Gibson’s Albatross<br />

Diomedea melanophris Black-browed Albatross<br />

Arctocephalus pusillus Australian Fur-seal<br />

Arctocephalus forsteri New Zealand Fur-seal<br />

Megaptera novaeangliae Humpback Whale<br />

Physeter catadon Sperm Whale<br />

Endangered Population<br />

Little Penguin, Eudyptula minor, population in the<br />

Manly Point Area.<br />

8. Entanglements with and ingestion of marine debris are<br />

likely to affect the following species that are threatened<br />

in <strong>NSW</strong>:<br />

Endangered Species<br />

Sterna albifrons Little Tern<br />

Thinornis rubricollis Hooded Plover<br />

Dugong dugong Dugong<br />

Balaenoptera musculus Blue Whale<br />

Vulnerable Species<br />

Charadrius leschenaulti Greater Sand-plover<br />

Charadrius mongolus Lesser Sand-plover<br />

Diomedea antipodensis Antipodean Albatross<br />

Diomedea cauta Shy Albatross<br />

Haematopus fuliginosus Sooty Oystercatcher<br />

Haematopus longirostris Pied Oystercatcher<br />

Limosa limosa Black-tailed Godwit<br />

Pandion haliaetus Osprey<br />

Phoebetria fusca Sooty Albatross<br />

Eubalaena australis Southern Right Whale


13 <strong>February</strong> 2004 LEGISLATION 629<br />

9. Entanglement with and ingestion of marine debris<br />

could cause the following species or populations that<br />

are not threatened to become threatened in <strong>NSW</strong>:<br />

Numenius madagascariensis Eastern Curlew<br />

Numenius phaeopus Whimbrel<br />

Limosa lapponica Bar-tailed Godwit<br />

Puffinus gavia Fluttering Shearwater<br />

10. In view of the above the Scientific Committee is of the<br />

opinion that Entanglement in or ingestion of anthropogenic<br />

debris in marine and estuarine environments adversely<br />

affects two or more threatened species or populations, or<br />

could cause species or populations that are not threatened<br />

to become threatened.<br />

References:<br />

Associate Professor PAUL ADAM,<br />

Chairperson<br />

Scientific Committee<br />

Carr A (1987) Impact of non-degradable marine debris on<br />

the ecology and survival outlook of sea turtles. Marine<br />

Pollution Bulletin 18, 352-356.<br />

Cooper JM (1995) Fishing hooks associated with<br />

albatrosses at Bird Island, South Georgia, 1992/1993.<br />

Marine Ornithology 23, 17-21.<br />

Faris J, Hart K (1996) Seas of Debris: A Summary of the<br />

Third International Conference on Marine Debris.<br />

Miami, Florida, 8-13 May 1994. p54. National<br />

Oceanic and Atmospheric Administration, National<br />

Marine Fisheries Service, Seattle.<br />

Frost A, Cullen M (1997) Marine debris on northern New<br />

South Wales beaches (Australia): Sources and role of<br />

beach usage. Marine Pollution Bulletin 34, 348-352.<br />

Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris<br />

by Laysan Albatrosses and Wedge-tailed Shearwaters<br />

in the Hawaiian Islands. Marine Pollution Bulletin 18,<br />

339-343.<br />

Henderson JR (2001) A pre- and post-MARPOL Annex<br />

V summary of Hawaiian monk seal entanglements<br />

and marine debris accumulation in the Northwestern<br />

Hawaiian Islands, 1982–1988. Marine Pollution<br />

Bulletin 42, 584–589.<br />

Herfort A (1997) ‘Marine debris on beaches in New South<br />

Sterna albifrons Little Tern<br />

Thinornis rubricollis Hooded Plover<br />

Dugong dugong Dugong<br />

Balaenoptera musculus Blue Whale<br />

Vulnerable Species<br />

Charadrius leschenaulti Greater Sand-plover<br />

Charadrius mongolus Lesser Sand-plover<br />

Diomedea antipodensis Antipodean Albatross<br />

Diomedea cauta Shy Albatross<br />

Haematopus fuliginosus Sooty Oystercatcher<br />

Haematopus longirostris Pied Oystercatcher<br />

Limosa limosa Black-tailed Godwit<br />

Pandion haliaetus Osprey<br />

Phoebetria fusca Sooty Albatross<br />

Eubalaena australis Southern Right Whale<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

9. Entanglement with and ingestion of marine debris could<br />

cause the following species or populations that are not<br />

threatened to become threatened in <strong>NSW</strong>:<br />

Numenius madagascariensis Eastern Curlew<br />

Numenius phaeopus Whimbrel<br />

Limosa lapponica Bar-tailed Godwit<br />

Puffinus gavia Fluttering Shearwater<br />

10. In view of the above the Scientific Committee is of the<br />

opinion that Entanglement in or ingestion of anthropogenic<br />

debris in marine and estuarine environments adversely<br />

affects two or more threatened species or populations, or<br />

could cause species or populations that are not threatened<br />

to become threatened.<br />

References:<br />

Associate Professor PAUL ADAM,<br />

Chairperson<br />

Scientific Committee<br />

Carr A (1987) Impact of non-degradable marine debris on<br />

the ecology and survival outlook of sea turtles. Marine<br />

Pollution Bulletin 18, 352-356.<br />

Cooper JM (1995) Fishing hooks associated with<br />

albatrosses at Bird Island, South Georgia, 1992/1993.<br />

Marine Ornithology 23, 17-21.<br />

Faris J, Hart K (1996) Seas of Debris: A Summary of the<br />

Third International Conference on Marine Debris.<br />

Miami, Florida, 8-13 May 1994. p54. National<br />

Oceanic and Atmospheric Administration, National<br />

Marine Fisheries Service, Seattle.<br />

Frost A, Cullen M (1997) Marine debris on northern New<br />

South Wales beaches (Australia): Sources and role of<br />

beach usage. Marine Pollution Bulletin 34, 348-352.<br />

Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris<br />

by Laysan Albatrosses and Wedge-tailed Shearwaters<br />

in the Hawaiian Islands. Marine Pollution Bulletin 18,<br />

339-343.<br />

Henderson JR (2001) A pre- and post-MARPOL Annex<br />

V summary of Hawaiian monk seal entanglements<br />

and marine debris accumulation in the Northwestern<br />

Hawaiian Islands, 1982–1988. Marine Pollution<br />

Bulletin 42, 584–589.<br />

Herfort A (1997) ‘Marine debris on beaches in New South<br />

Sterna albifrons Little Tern<br />

Thinornis rubricollis Hooded Plover<br />

Dugong dugong Dugong<br />

Balaenoptera musculus Blue Whale<br />

Vulnerable Species<br />

Charadrius leschenaulti Greater Sand-plover<br />

Charadrius mongolus Lesser Sand-plover<br />

Diomedea antipodensis Antipodean Albatross<br />

Diomedea cauta Shy Albatross<br />

Haematopus fuliginosus Sooty Oystercatcher<br />

Haematopus longirostris Pied Oystercatcher<br />

Limosa limosa Black-tailed Godwit<br />

Pandion haliaetus Osprey<br />

Phoebetria fusca Sooty Albatross<br />

Eubalaena australis Southern Right Whale


630 LEGISLATION 13 <strong>February</strong> 2004<br />

9. Entanglement with and ingestion of marine debris could<br />

cause the following species or populations that are not<br />

threatened to become threatened in <strong>NSW</strong>:<br />

Numenius madagascariensis Eastern Curlew<br />

Numenius phaeopus Whimbrel<br />

Limosa lapponica Bar-tailed Godwit<br />

Puffinus gavia Fluttering Shearwater<br />

10. In view of the above the Scientific Committee is of the<br />

opinion that Entanglement in or ingestion of anthropogenic<br />

debris in marine and estuarine environments adversely<br />

affects two or more threatened species or populations, or<br />

could cause species or populations that are not threatened<br />

to become threatened.<br />

References:<br />

Associate Professor PAUL ADAM,<br />

Chairperson<br />

Scientific Committee<br />

Carr A (1987) Impact of non-degradable marine debris on<br />

the ecology and survival outlook of sea turtles. Marine<br />

Pollution Bulletin 18, 352-356.<br />

Cooper JM (1995) Fishing hooks associated with<br />

albatrosses at Bird Island, South Georgia, 1992/1993.<br />

Marine Ornithology 23, 17-21.<br />

Faris J, Hart K (1996) Seas of Debris: A Summary of the<br />

Third International Conference on Marine Debris.<br />

Miami, Florida, 8-13 May 1994. p54. National<br />

Oceanic and Atmospheric Administration, National<br />

Marine Fisheries Service, Seattle.<br />

Frost A, Cullen M (1997) Marine debris on northern New<br />

South Wales beaches (Australia): Sources and role of<br />

beach usage. Marine Pollution Bulletin 34, 348-352.<br />

Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris<br />

by Laysan Albatrosses and Wedge-tailed Shearwaters<br />

in the Hawaiian Islands. Marine Pollution Bulletin 18,<br />

339-343.<br />

Henderson JR (2001) A pre- and post-MARPOL Annex<br />

V summary of Hawaiian monk seal entanglements<br />

and marine debris accumulation in the Northwestern<br />

Hawaiian Islands, 1982–1988. Marine Pollution<br />

Bulletin 42, 584–589.<br />

Herfort A (1997) ‘Marine debris on beaches in New South<br />

Sterna albifrons Little Tern<br />

Thinornis rubricollis Hooded Plover<br />

Dugong dugong Dugong<br />

Balaenoptera musculus Blue Whale<br />

Vulnerable Species<br />

Charadrius leschenaulti Greater Sand-plover<br />

Charadrius mongolus Lesser Sand-plover<br />

Diomedea antipodensis Antipodean Albatross<br />

Diomedea cauta Shy Albatross<br />

Haematopus fuliginosus Sooty Oystercatcher<br />

Haematopus longirostris Pied Oystercatcher<br />

Limosa limosa Black-tailed Godwit<br />

Pandion haliaetus Osprey<br />

Phoebetria fusca Sooty Albatross<br />

Eubalaena australis Southern Right Whale<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

9. Entanglement with and ingestion of marine debris could<br />

cause the following species or populations that are not<br />

threatened to become threatened in <strong>NSW</strong>:<br />

Numenius madagascariensis Eastern Curlew<br />

Numenius phaeopus Whimbrel<br />

Limosa lapponica Bar-tailed Godwit<br />

Puffinus gavia Fluttering Shearwater<br />

10. In view of the above the Scientific Committee is of the<br />

opinion that Entanglement in or ingestion of anthropogenic<br />

debris in marine and estuarine environments adversely<br />

affects two or more threatened species or populations, or<br />

could cause species or populations that are not threatened<br />

to become threatened.<br />

References:<br />

Associate Professor PAUL ADAM,<br />

Chairperson<br />

Scientific Committee<br />

Carr A (1987) Impact of non-degradable marine debris on<br />

the ecology and survival outlook of sea turtles. Marine<br />

Pollution Bulletin 18, 352-356.<br />

Cooper JM (1995) Fishing hooks associated with<br />

albatrosses at Bird Island, South Georgia, 1992/1993.<br />

Marine Ornithology 23, 17-21.<br />

Faris J, Hart K (1996) Seas of Debris: A Summary of the<br />

Third International Conference on Marine Debris.<br />

Miami, Florida, 8-13 May 1994. p54. National<br />

Oceanic and Atmospheric Administration, National<br />

Marine Fisheries Service, Seattle.<br />

Frost A, Cullen M (1997) Marine debris on northern New<br />

South Wales beaches (Australia): Sources and role of<br />

beach usage. Marine Pollution Bulletin 34, 348-352.<br />

Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris<br />

by Laysan Albatrosses and Wedge-tailed Shearwaters<br />

in the Hawaiian Islands. Marine Pollution Bulletin 18,<br />

339-343.<br />

Henderson JR (2001) A pre- and post-MARPOL Annex<br />

V summary of Hawaiian monk seal entanglements<br />

and marine debris accumulation in the Northwestern<br />

Hawaiian Islands, 1982–1988. Marine Pollution<br />

Bulletin 42, 584–589.<br />

Herfort A (1997) ‘Marine debris on beaches in New South<br />

Wales with a special focus on fishing debris’. Ocean<br />

Watch Australia, Sydney.<br />

Huin N, Croxall JP (1996) Fishing gear, oil and marine<br />

debris associated with seabirds at Bird Island South<br />

Georgia 1993/94. Marine Ornithology 24, 19-22.<br />

Hutchinson J, Simmonds M (1992) Escalation of threats to<br />

marine turtles, Oryx 26, 95-102.<br />

Jones MM (1995) Fishing debris in the Australian marine<br />

environment. Marine Pollution Bulletin 30, 25-33.<br />

Laist DW (1987) Overview of the biological effects of lost<br />

and discarded plastic debris in the marine environment.<br />

Marine Pollution Bulletin 18, 319-326.<br />

Page B, McKenzie J, McIntosh R, Baylis A, Morissey A,<br />

Calvert N, Hasse T, Berris M, Dowie D, Shaughnessy<br />

PD, Goldsworthy SD (2003) A summary of Australian


13 <strong>February</strong> 2004 LEGISLATION 631<br />

sea lion and New Zealand fur seal entanglements<br />

in marine debris pre- and post-implementation of<br />

Australian <strong>Government</strong> fishery bycatch policies.<br />

The Australian Marine Sciences Association Annual<br />

Conference 2003, Brisbane, Queensland, 9 - 11th July<br />

2003.<br />

Pemberton D, Brothers NP, Kirkwood R (1992) Entanglement<br />

of Australian Fur Seals in man-made debris in Tasmanian<br />

waters. Wildlife Research 19, 151-159.<br />

Prendergast R, Johnson S (1996) Plastic pollution and the<br />

Australian fur-seal (Arctocephalus pusillus doriferus):<br />

research and public education. In Proceedings of the<br />

ARAZPA/ASZK conference, Perth, Western Australia,<br />

April 1995. (Ed E. Read) pp. 148-155. (Perth Zoo,<br />

Perth)<br />

Pruter AT (1987) Sources, quantities and distribution of<br />

persistent plastics in the marine environment. Marine<br />

Pollution Bulletin 18, 305-310.<br />

Robertson CJR (1998) Factors influencing breeding<br />

performance of the Northern Royal Albatross. In ‘The<br />

Albatross: Biology and Conservation’. (Eds G Robertson<br />

and R Gales) pp. 99-104. (Surrey Beatty and Sons:<br />

Chipping Norton, <strong>NSW</strong>)<br />

Ryan PG (1987) The incidence and characteristics of<br />

plastic particles ingested by seabirds. Marine and<br />

Environmental Research 23, 175-206.<br />

Ryan PG (1990) The effects of ingested plastic and<br />

other marine debris on seabirds. pp. 623-634 In<br />

‘Proceedings of the Second International Conference<br />

on Marine Debris’, (Eds RS Shomura and ML<br />

Godfrey), April 2-7, 1989. Honululu, Hawaii.<br />

U.S. Department of Commerce, NOAA Technical<br />

Memorandum. NMFS, NOAA-TM-NMFS-SWFC-<br />

154.<br />

Ryan PG, Connell S, Gardner B (1988) Plastic ingestion<br />

and PCBs in seabirds: is there a relationship? Marine<br />

Pollution Bulletin 19, 174-176.<br />

Shaughnessy PD, Briggs SV, Constable R (2001)<br />

Observations on seals at Montague Island, New South<br />

Wales. Australian Mammalogy 23, 1-7.<br />

Shaw DG, Mapes GA (1979) Surface circulation and<br />

the distribution of pelagic tar and plastic. Marine<br />

Pollution Bulletin 10, 160-162.<br />

Sileo L, Sievert PR and Samuel MD (1990) Causes of<br />

mortality of albatross chicks at Midway Atoll. Journal<br />

of Wildlife Diseases 26, 329-338.<br />

Bibliography:<br />

Derraik JGB (2002) The pollution of the marine<br />

environment by plastic debris: a review. Marine<br />

Pollution Bulletin 44, 842–852.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


632 LEGISLATION 13 <strong>February</strong> 2004<br />

New South Wales<br />

Notice of Final Determination<br />

under the<br />

Threatened Species Conservation Act 1995<br />

The Scientific Committee established under the Threatened Species<br />

Conservation Act 1995 has made a final determination to insert the following<br />

matter as a key threatening process under that Act and, accordingly, Schedule 3<br />

to that Act is amended by inserting in alphabetical order:<br />

Introduction of the Large Earth Bumblebee Bombus terrestris (L.)<br />

Dated, this 23rd day of January 2004.<br />

2004.<br />

Associate Professor Paul Adam<br />

Chairperson of the Scientific Committee<br />

Copies of final determination and reasons<br />

Copies of the final determination and the reasons for it are available to members<br />

of the public (free of charge) as follows:<br />

(a) on the Internet at www.nationalparks.nsw.gov.au,<br />

(b) by contacting the Scientific Committee Support Unit, by post C/-<br />

Department of Environment and Conservation, PO Box 1967, Hurstville,<br />

2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606,<br />

(c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.<br />

s04-009-43.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 633<br />

New South Wales<br />

Notice of Final Determination<br />

under the<br />

Threatened Species Conservation Act 1995<br />

The Scientific Committee established under the Threatened Species<br />

Conservation Act 1995 has made a final determination to insert the following<br />

species as an endangered species under that Act and, accordingly, Schedule 1 to<br />

that Act is amended by inserting in Part 1 immediately before the heading<br />

“Coleoptera” (under the headings “Animals”, “Invertebrates”, “Arthropoda”<br />

and “Insecta”):<br />

Blattodea<br />

Blaberidae<br />

Panesthia lata Walker 1868 Lord Howe Island wood-feeding<br />

cockroach<br />

Dated, this 23rd day of January 2004.<br />

2004.<br />

Associate Professor Paul Adam<br />

Chairperson of the Scientific Committee<br />

Copies of final determination and reasons<br />

Copies of the final determination and the reasons for it are available to members<br />

of the public (free of charge) as follows:<br />

(a) on the Internet at www.nationalparks.nsw.gov.au,<br />

s04-008-43.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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634 LEGISLATION 13 <strong>February</strong> 2004<br />

Notice of Final Determination<br />

(b) by contacting the Scientific Committee Support Unit, by post C/-<br />

Department of Environment and Conservation, PO Box 1967, Hurstville,<br />

2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606,<br />

(c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.<br />

Page 2<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 LEGISLATION 635<br />

ERRATUM<br />

THE Special Supplements dated from the 6 <strong>February</strong> 2004 <strong>Gazette</strong> No 25 to 11 <strong>February</strong><br />

2004 <strong>Gazette</strong> No 34 were issued with incorrect folios. They have now been republished<br />

with the correct folios.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


636 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

FILM AND TELEVISION OFFICE ACT 1988<br />

Appointment of Member<br />

Board of the New South Wales Film and Television Office<br />

HER Excellency the Governor, with the advice of the<br />

Executive Council, has approved, pursuant to Section 6A<br />

of the Film and Television Office Act 1988, the following<br />

person being appointed as a member of the Board of the New<br />

South Wales Film and Television Office from 23 <strong>February</strong><br />

2004 to 31 December 2005:<br />

Troy LUM (new appointment).<br />

OFFICIAL NOTICES<br />

BOB CARR, M.P.,<br />

Premier<br />

and Minister for the Arts<br />

OMBUDSMAN ACT 1974<br />

Appointment of Acting Ombudsman<br />

HER Excellency the Governor and the Executive Council,<br />

pursuant to section 7 of the Ombudsman Act 1974,<br />

has appointed Christopher Charles WHEELER, Acting<br />

Ombudsman on 27 January 2004, during the Ombudsman’s<br />

leave of absence.<br />

The Hon. ANDREW REFSHAUGE, M.P.,<br />

ActingPremier<br />

Appointments<br />

OMBUDSMAN ACT 1974<br />

Appointment of Acting Ombudsman<br />

HER Excellency the Governor and the Executive Council,<br />

pursuant to section 7 of the Ombudsman Act 1974,<br />

has appointed Christopher Charles WHEELER, Acting<br />

Ombudsman for the period 28 January 2004 to 13 <strong>February</strong><br />

2004 inclusive, during the Ombudsman’s leave of absence.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

The Hon. ANDREW REFSHAUGE, M.P.,<br />

Acting Premier<br />

TECHNICAL AND FURTHER EDUCATION<br />

COMMISSION ACT 1990<br />

Appointment Under Section 13<br />

HER Excellency the Governor, with the advice of the<br />

Executive Council, pursuant to section 13(1) of the Technical<br />

and Further Education Commission Act 1990, has appointed<br />

the officer listed below to the position as specified:<br />

TAFE Commission<br />

Andrew CAPPIE-WOOD, Managing Director [9 <strong>February</strong><br />

2004].<br />

The Hon. A. J. REFSHAUGE, M.P.,<br />

Deputy Premier,<br />

Minister for Education and Training<br />

and Minister for Aboriginal Affairs


13 <strong>February</strong> 2004 OFFICIAL NOTICES 637<br />

<strong>NSW</strong> Fisheries<br />

FISHERIES MANAGEMENT ACT 1994<br />

Section 11 Notification – Fishing Closure<br />

Clarence River, its Lakes, Lagoons, Inlets, Channels, Creeks and Tributaries<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

F98/169<br />

I, STEVE DUNN, amend the fishing closure notification “Clarence River, its lakes, lagoons, inlets, channels, creeks and<br />

tributaries” published in <strong>Government</strong> <strong>Gazette</strong> Number 14 of 17 January 2003, by replacing Schedule 8, Part B with the<br />

Schedule below.<br />

This amendment is effective from the date of publication.<br />

SCHEDULE 8 – PART B<br />

Clarence River – Traps<br />

Column 1 Column 2<br />

Methods Waters<br />

STEVE DUNN,<br />

Director-General,<br />

<strong>NSW</strong> Fisheries.<br />

Fish traps prescribed by Clause 59 of the Regulation. The whole of the waters of the Clarence River together<br />

with all its lakes, lagoons, inlets, channels, creeks and<br />

tributaries from a line drawn from the downstream side of<br />

the most easterly opening in Middle Wall across to the<br />

western extremity of Moriartys Wall, then upstream to a<br />

wooden peg marked “FT1” located at the upstream end of<br />

the training wall which runs adjacent to the Spencer<br />

Street Boat ramp at Iluka, then westerly to the <strong>NSW</strong><br />

Waterways Authority Lead beacon number 037 located<br />

adjacent to the south eastern extremity of Goodwood<br />

Island, then upstream to <strong>NSW</strong> Waterways Authority Lead<br />

beacon number 041, then in a line south westerly to the<br />

north western extremity of Freeburn Island, then<br />

downstream along the north eastern side of Freeburn<br />

Island and north eastern side of Middle Training Wall to<br />

the point of commencement.<br />

Time Period: Fish traps may be used from 1 May to 31 August each year.


638 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

FISHERIES MANAGEMENT ACT 1994<br />

Section 11 Notification – Fishing Closure<br />

Lake Illawarra (including Macquarie Rivulet)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

F99/98<br />

I, STEVE DUNN, amend the fishing closure notification “Lake Illawarra (including Macquarie Rivulet)” published in<br />

<strong>Government</strong> <strong>Gazette</strong> Number 109 of 17 September 1999, by replacing Schedule 5 with the Schedule below.<br />

This amendment is effective from the date of publication.<br />

SCHEDULE 5<br />

Lake Illawarra -Hauling<br />

Column 1 Column 2 Column 3<br />

Methods Waters Period<br />

STEVE DUNN,<br />

Director-General,<br />

<strong>NSW</strong> Fisheries<br />

By means of all hauling nets where The whole of the waters of Lake From 1 March to 30 November in each<br />

the crew consists of fewer than three Illawarra, together with its creeks, year.<br />

(3) licensed fishers with the rivers and bays.<br />

exception of the prawn net hauling<br />

and hand hauled prawn net, as<br />

prescribed by Regulation.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 639<br />

Department of Infrastructure,<br />

Planning and Natural Resources<br />

Infrastructure and Planning<br />

New South Wales<br />

Blue Mountains Local Environmental<br />

Plan No 144<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister for Planning, make the following local environmental plan under<br />

the Environmental Planning and Assessment Act 1979. (P01/00422/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the Minister for Infrastructure<br />

and Planning (Planning Administration)<br />

e03-062-06.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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640 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Clause 1<br />

Page 2<br />

Blue Mountains Local Environmental Plan No 144<br />

Blue Mountains Local Environmental Plan No 144<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

2 Aims of plan<br />

This plan is Blue Mountains Local Environmental Plan No 144.<br />

This plan aims:<br />

(a) to rezone the land to which this plan applies from Industrial<br />

General 4 (a) to Business General 3 (a) to permit appropriate<br />

land use opportunities, and<br />

(b) to promote urban forms of the highest design quality and<br />

incorporate strong “gateway” and “town entry” urban design<br />

elements, and<br />

(c) to encourage a mix of land uses that support and contribute to<br />

the role of the Katoomba town centre, and<br />

(d) to promote the efficient operation of the Katoomba town<br />

centre as a transport interchange, and<br />

(e) to minimise conflicts between pedestrians and vehicles, and<br />

(f) to promote pedestrian linkages to the Yeaman Bridge and<br />

through the railway underpass, and<br />

(g) to maintain important views to the Katoomba town centre.<br />

3 Land to which plan applies<br />

This plan applies to Lot 3, DP 705910, Lots 12 and 13, DP 236340,<br />

Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage<br />

to Goldsmith Place, Myra Place and the Great Western Highway,<br />

Katoomba, as shown edged heavy black on the map marked “Blue<br />

Mountains Local Environmental Plan No 144” deposited in the<br />

office of the Council of the City of Blue Mountains.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 OFFICIAL NOTICES 641<br />

Blue Mountains Local Environmental Plan No 144<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-062-06\p01\e03-062-06-p01BOD.fm 4/9/03, 10:51 am<br />

Clause 4<br />

4 Amendment of Blue Mountains Local Environmental Plan No 4<br />

Blue Mountains Local Environmental Plan No 4 is amended as set<br />

out in Schedule 1.<br />

Page 3


642 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Schedule 1 Amendments<br />

Page 4<br />

Blue Mountains Local Environmental Plan No 144<br />

Schedule 1 Amendments<br />

[1] Clause 6 Interpretation<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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(Clause 4)<br />

Insert in appropriate order in the definition of the map in clause 6 (1):<br />

[2] Clause 69A<br />

Insert after clause 69:<br />

Blue Mountains Local Environmental Plan No 144<br />

69A Development on Katoomba Town Approach Precinct<br />

(1) This clause applies to land comprising Lot 3, DP 705910, Lots<br />

12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52,<br />

DP 827236 having frontage to Goldsmith Place, Myra Place<br />

and the Great Western Highway, Katoomba, as shown edged<br />

heavy black on the map marked “Blue Mountains Local<br />

Environmental Plan No 144” and referred to in this clause as<br />

the Katoomba Town Approach Precinct.<br />

(2) Notwithstanding any other provision of this plan,<br />

(3)<br />

development for the purpose of the following is prohibited on<br />

the Katoomba Town Approach Precinct:<br />

bulk stores; district supermarkets; drive-in take-away food<br />

shops; fast food outlets; motor showrooms; service stations;<br />

warehouses.<br />

Consent must not be granted to development on the<br />

Katoomba Town Approach Precinct unless the development<br />

proposed to be carried out:<br />

(a) complies, to the satisfaction of the consent authority,<br />

with the precinct objectives in achieving the precinct<br />

vision statement as identified in subclause (4), and<br />

(b) complies with the building envelope requirements as<br />

identified in subclause (5), and<br />

(c) is consistent, to the satisfaction of the consent authority,<br />

with the design considerations as identified in<br />

subclause (6).


13 <strong>February</strong> 2004 OFFICIAL NOTICES 643<br />

Blue Mountains Local Environmental Plan No 144<br />

Amendments Schedule 1<br />

(4) Desired future character statement:<br />

(a) Precinct vision statement.<br />

Located adjacent to the primary road and rail<br />

corridors, this precinct experiences substantial<br />

redevelopment of sites and operates as both a<br />

“gateway” and transport interchange for the<br />

Katoomba town centre. New development<br />

supports this gateway role by presenting urban<br />

design of the highest quality that contributes to a<br />

positive first experience of Katoomba. This,<br />

together with a mix of land uses that support the<br />

role of the town centre, entices passing traffic to<br />

enter the town.<br />

Trading over extended hours, development<br />

provides passive surveillance and improved<br />

public safety and amenity.<br />

The precinct’s interchange role is supported by<br />

providing additional car parking opportunities,<br />

coach parking and convenient pedestrian access<br />

to the town centre. While offering high levels of<br />

accessibility to both pedestrian and vehicles,<br />

potential<br />

minimised.<br />

conflicts between the two are<br />

(b) Precinct objectives.<br />

(i) To promote urban forms of the highest design<br />

quality and incorporate strong “gateway” and<br />

“town entry” urban design elements.<br />

(ii) To encourage a mix of land uses that support and<br />

contribute to the role of the Katoomba town<br />

centre.<br />

(iii) To promote the economic viability of the<br />

Katoomba town centre.<br />

(iv) To minimise conflicts between pedestrians and<br />

vehicles.<br />

(v) To promote pedestrian linkages to the Yeaman<br />

Bridge and through the railway underpass.<br />

(vi) To maintain important views to the town centre<br />

of Katoomba.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 5


644 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Schedule 1 Amendments<br />

Page 6<br />

Blue Mountains Local Environmental Plan No 144<br />

(5) Building envelope:<br />

(a) Building height.<br />

(i) No point of any building is to exceed a height of<br />

12 metres above natural ground level other than a<br />

building within 15 metres of the Great Western<br />

Highway boundary which may have a height of<br />

not more than 12 metres above natural ground<br />

level or 8 metres above the level of the adjacent<br />

Great Western Highway footpath, whichever is<br />

the greater.<br />

(ii) Notwithstanding subparagraph (i), a building<br />

may have a height of not more than 10 metres<br />

above footpath level at the corner of the Great<br />

Western Highway and the Yeaman Bridge<br />

intersection if the building element, which may<br />

include floor space, is designed to form a<br />

“gateway/entry” to the Katoomba town centre.<br />

(iii) The height restrictions referred to in<br />

(b)<br />

subparagraphs (i) and (ii) do not apply to<br />

architectural features incorporated into the<br />

building design.<br />

Development density.<br />

(i) The maximum floor space ratio for development<br />

is 1.5:1.<br />

(ii) Notwithstanding subparagraph (i), the maximum<br />

floor space ratio for development is 2:1 if the<br />

development provides, where the site adjoins the<br />

Yeaman Bridge, a public pedestrian access<br />

between Goldsmith Place and the Bridge, and<br />

incorporates any one or more of the following to<br />

the satisfaction of the consent authority:<br />

(A) significantly enhanced public domain,<br />

(B) significantly enhanced pedestrian amenity,<br />

(C) public places and plazas.<br />

(6) Design considerations:<br />

(a) Active street frontages.<br />

(i) Active street frontages are to be provided along<br />

Goldsmith Place and the eastern boundary of the<br />

precinct.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 OFFICIAL NOTICES 645<br />

Blue Mountains Local Environmental Plan No 144<br />

Amendments Schedule 1<br />

(ii) Visible and interactive uses are to be provided<br />

and distributed regularly along a minimum of 65<br />

per cent of the frontage of the land to Goldsmith<br />

Place.<br />

(iii) Development adjoining the eastern boundary is<br />

to enable casual surveillance of Myra Place.<br />

(b) Built form and finishes.<br />

(i) Long elevations of any building are to present<br />

varied heights and forms.<br />

(ii) Exterior surfaces of walls visible from public<br />

places are not to be left blank, unadorned or<br />

unarticulated.<br />

(iii) Roof forms are to conceal mechanical plant and<br />

equipment and present well when viewed from<br />

adjacent sites.<br />

(iv) Gateway or entry statements are to be provided at<br />

the corner and frontage of the Great Western<br />

Highway and the Yeaman Bridge.<br />

(v) All parking areas and delivery docks are to be<br />

concealed from public view.<br />

(c) Pedestrian amenity and safety.<br />

(i) Where a development site fronts or adjoins both<br />

the Yeaman Bridge and Goldsmith Place, public<br />

pedestrian access is to be provided between the<br />

two areas.<br />

(ii) Awnings or colonnades are to be provided to the<br />

entire length of public footpaths and pedestrian<br />

areas along the Goldsmith Place frontage.<br />

(iii) Pathways are to minimise conflicts between<br />

vehicles and pedestrians.<br />

(iv) Clear sight lines are to be provided along<br />

pedestrian areas.<br />

(v) Appropriate levels of lighting are to be provided<br />

to all pedestrian areas. All lightfittings are to have<br />

a form and character that is consistent with that of<br />

any building in the precinct that is adjacent to<br />

those areas.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 7


646 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Schedule 1 Amendments<br />

Page 8<br />

Blue Mountains Local Environmental Plan No 144<br />

(d) Vehicular access.<br />

Vehicular access to or egress from the<br />

development is not to be provided directly to or<br />

from the Great Western Highway or the Yeaman<br />

Bridge.<br />

(7) In this clause:<br />

active street frontage means a street frontage with interactive<br />

spaces between the building frontage and adjacent footpaths,<br />

road reserves or other public spaces that:<br />

(a) provide interesting stimuli and activity for pedestrians<br />

to observe, thereby enhancing their experience of the<br />

village or town centre, or<br />

(b) enhance pedestrian safety and amenity through the<br />

provision of casual surveillance afforded by occupants.<br />

district supermarket means a building or place used for the<br />

purpose of selling, exposing or offering for sale by retail or<br />

hire, goods, merchandise or material, with a gross floor area<br />

in excess of 1500 square metres.<br />

drive-in take-away food shop means a building or place used<br />

for the purpose of selling prepared food to the public for<br />

consumption off the premises and that provides a service to<br />

customers while they remain within a motor vehicle, but does<br />

not include a building or place elsewhere defined in this<br />

clause.<br />

fast food outlet means a building or place used for the purpose<br />

of selling prepared food in a form for immediate consumption<br />

where:<br />

(a) payment for the food is required before the food is<br />

consumed, and<br />

(b) the food is prepared and sold from a standard menu and<br />

in specialised packaging,<br />

whether or not facilities are provided for the food to be<br />

consumed on the premises or taken away.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 OFFICIAL NOTICES 647<br />

New South Wales<br />

Eurobodalla Rural Local<br />

Environmental Plan 1987 (Amendment<br />

No 32)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration), make the following local environmental plan under the<br />

Environmental Planning and Assessment Act 1979. (W99/00373/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the the Minister for for Infrastructure<br />

and Planning (Planning Administration)<br />

and Planning (Planning Administration)<br />

e03-203-09.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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648 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Clause 1<br />

Page 2<br />

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)<br />

Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 32)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

This plan is Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 32).<br />

2 Aims of plan<br />

This plan aims to permit, with the consent of Eurobodalla Shire<br />

Council, the carrying out of development for the purpose of the<br />

operation of a waste management facility on the land to which this<br />

plan applies.<br />

3 Land to which plan applies<br />

This plan applies to part Lot 197, DP 752131, Brou Lake Road,<br />

Bodalla, Parish of Bodalla, as shown edged heavy black on the map<br />

marked “Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 32)” deposited in the office of Eurobodalla Shire<br />

Council.<br />

4 Amendment of Eurobodalla Rural Local Environmental Plan 1987<br />

Eurobodalla Rural Local Environmental Plan 1987 is amended as<br />

set out in Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 OFFICIAL NOTICES 649<br />

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)<br />

Amendments Schedule 1<br />

Schedule 1 Amendments<br />

(Clause 4)<br />

[1] Clause 9 Interpretation<br />

Insert “or waste management facility” after “centre” in the definition of<br />

junk yard in clause 9 (1).<br />

[2] Clause 9 (1)<br />

Insert in alphabetical order:<br />

waste management facility means a place used by or on<br />

behalf of a public authority to store, treat, purify or dispose of<br />

waste or sort, process, recycle, recover, use or reuse material<br />

from waste, but does not include a waste collection centre or<br />

junk yard.<br />

[3] Clause 11 Zone objectives and development control table<br />

Insert “; waste management facilities” after “warehouses” in Item 4<br />

(Prohibited) of the matter relating to Zone No 1 (c) (the Rural Small<br />

Holdings Zone) in the Table to the clause.<br />

[4] Schedule 4 Development for certain additional purposes<br />

Insert at the end of the Schedule:<br />

Part Lot 197, DP 752131, Brou Lake Road, Bodalla, Parish of<br />

Bodalla, as shown edged heavy black on the map marked<br />

“Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 32)”—waste management facility.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 3


650 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

New South Wales<br />

Eurobodalla Rural Local<br />

Environmental Plan 1987 (Amendment<br />

No 37)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration), make the following local environmental plan under the<br />

Environmental Planning and Assessment Act 1979. (W02/00094/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the the Minister for for Infrastructure<br />

and Planning (Planning Administration)<br />

and Planning (Planning Administration)<br />

e03-305-09.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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13 <strong>February</strong> 2004 OFFICIAL NOTICES 651<br />

Clause 1<br />

Page 2<br />

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)<br />

Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 37)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

This plan is Eurobodalla Rural Local Environmental Plan 1987<br />

(Amendment No 37).<br />

2 Aims of plan<br />

(1) The aims of this plan are:<br />

(a) to permit, with the consent of Eurobodalla Shire Council, the<br />

subdivision of the land to which this plan applies into 4<br />

allotments, and<br />

(b) to prohibit dual occupancy development on the lots so<br />

created.<br />

(2) The land is within Zone No 7 (f1) (the Environmental Protection<br />

(Coastal Lands Protection) Zone) under Eurobodalla Rural Local<br />

Environmental Plan 1987.<br />

3 Land to which plan applies<br />

This plan applies to Lots 1 and 2, DP 875573, Myamba Parade,<br />

Surfside, Parish of East Nelligen, as shown edged heavy black on<br />

the map marked “Eurobodalla Rural Local Environmental Plan<br />

1987 (Amendment No 37)” deposited in the office of Eurobodalla<br />

Shire Council.<br />

4 Amendment of Eurobodalla Rural Local Environmental Plan 1987<br />

Eurobodalla Rural Local Environmental Plan 1987 is amended as<br />

set out in Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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652 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)<br />

Amendment Schedule 1<br />

Schedule 1 Amendment<br />

Clause 30F<br />

Insert after clause 30E:<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-305-09\p01\e03-305-09-p01SCH.fm 4/9/03, 10:11 am<br />

(Clause 4)<br />

30F Development of certain land—Myamba Parade, Surfside<br />

(1) This clause applies to Lots 1 and 2, DP 875573, Myamba<br />

Parade, Surfside, Parish of East Nelligen, as shown edged<br />

heavy black on the map marked “Eurobodalla Rural Local<br />

Environmental Plan 1987 (Amendment No 37)”.<br />

(2) Nothing in this plan prevents the Council from granting<br />

consent to the subdivision of the land to which this clause<br />

applies into a maximum of 4 lots.<br />

(3) Clause 16 does not apply to the lots so created.<br />

Page 3


13 <strong>February</strong> 2004 OFFICIAL NOTICES 653<br />

New South Wales<br />

Manly Local Environmental Plan 1988<br />

(Amendment No 61)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration), make the following local environmental plan under the<br />

Environmental Planning and Assessment Act 1979. (S02/02662/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the Minister for for Infrastructure<br />

and Planning (Planning Administration)<br />

and Planning (Planning Administration)<br />

e03-364-09.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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654 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Clause 1<br />

Page 2<br />

Manly Local Environmental Plan 1988 (Amendment No 61)<br />

Manly Local Environmental Plan 1988 (Amendment<br />

No 61)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

This plan is Manly Local Environmental Plan 1988 (Amendment<br />

No 61).<br />

2 Aims of plan<br />

This plan aims to add the building on the land to which this plan<br />

applies as an item of the environmental heritage in Schedule 4 to<br />

Manly Local Environmental Plan 1988.<br />

3 Land to which plan applies<br />

This plan applies to land known as Lot 2, DP 928178, being No 118<br />

North Steyne, Manly, as shown coloured brown and edged heavy<br />

black on the map marked “Manly Local Environmental Plan 1988<br />

(Amendment No 61)” deposited in the office of Manly Council.<br />

4 Amendment of Manly Local Environmental Plan 1988<br />

Manly Local Environmental Plan 1988 is amended as set out in<br />

Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-364-09\p01\e03-364-09-p01BOD.fm 24/10/03, 04:21 pm


13 <strong>February</strong> 2004 OFFICIAL NOTICES 655<br />

Manly Local Environmental Plan 1988 (Amendment No 61)<br />

Amendments Schedule 1<br />

Schedule 1 Amendments<br />

(Clause 4)<br />

[1] Clause 7 Interpretation<br />

Insert in appropriate order at the end of the definition of item of the<br />

environmental heritage in clause 7 (1):<br />

Manly Local Environmental Plan 1988 (Amendment No 61)<br />

[2] Schedule 4 Items of the environmental heritage<br />

Insert in alphabetical order of street name, and in appropriate order before<br />

any unnumbered entries for North Steyne, Manly, under the headings<br />

Architectural and Archaeological Items and (A) Alphabetical Entry by<br />

Street in the Schedule:<br />

House 118 North Steyne, Manly (Lot 2, DP 928178)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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Page 3


656 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

New South Wales<br />

Moree Plains Local Environmental Plan<br />

1995 (Amendment No 16)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration), make the following local environmental plan under the<br />

Environmental Planning and Assessment Act 1979. (S03/00198/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the Minister for for Infrastructure<br />

and Planning (Planning Administration)<br />

and Planning (Planning Administration)<br />

e03-335-09.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-335-09\p01\e03-335-09-p01EXN.fm 30/9/03, 03:41 pm


13 <strong>February</strong> 2004 OFFICIAL NOTICES 657<br />

Clause 1<br />

Page 2<br />

Moree Plains Local Environmental Plan 1995 (Amendment No 16)<br />

Moree Plains Local Environmental Plan 1995<br />

(Amendment No 16)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

This plan is Moree Plains Local Environmental Plan 1995<br />

(Amendment No 16).<br />

2 Aims of plan<br />

This plan aims to allow, with the consent of Moree Plains Shire<br />

Council, the carrying out of development on the land to which this<br />

plan applies (being land within Zone No 4 (Industrial) under Moree<br />

Plains Local Environmental Plan 1995) for the purpose of<br />

commercial premises.<br />

3 Land to which plan applies<br />

This plan applies to Lots 13 and 14, DP 811932, 118 Gwydir Street,<br />

Moree.<br />

4 Amendment of Moree Plains Local Environmental Plan 1995<br />

Moree Plains Local Environmental Plan 1995 is amended by<br />

inserting at the end of Schedule 3 the following words:<br />

Lots 13 and 14, DP 811932, 118 Gwydir Street, Moree—<br />

commercial premises.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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658 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

New South Wales<br />

Wingecarribee Local Environmental<br />

Plan 1989 (Amendment No 119)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning<br />

Administration), make the following local environmental plan under the<br />

Environmental Planning and Assessment Act 1979. (Q03/00108/S69)<br />

DIANE BEAMER, M.P.,<br />

Minister Assisting the the Minister for for Infrastructure<br />

and Planning (Planning Administration)<br />

and Planning (Planning Administration)<br />

e03-359-31.p01 Page 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-359-31\p01\e03-359-31-p01EXN.fm 12/1/04, 02:23 pm


13 <strong>February</strong> 2004 OFFICIAL NOTICES 659<br />

Clause 1<br />

Page 2<br />

Wingecarribee Local Environmental Plan 1989 (Amendment No 119)<br />

Wingecarribee Local Environmental Plan 1989<br />

(Amendment No 119)<br />

under the<br />

Environmental Planning and Assessment Act 1979<br />

1 Name of plan<br />

This plan is Wingecarribee Local Environmental Plan 1989<br />

(Amendment No 119).<br />

2 Aims of plan<br />

The aim of this plan is to permit, with the consent of Wingecarribee<br />

Shire Council, the operation of a child care centre on the land to<br />

which this plan applies.<br />

3 Land to which plan applies<br />

This plan applies to part of Lot 1, DP 111722 and Lots 1–4,<br />

DP 587971, Bowral Street, Bowral, as shown edged heavy black on<br />

the map marked “Wingecarribee Local Environmental Plan 1989<br />

(Amendment No 119)” deposited in the office of Wingecarribee<br />

Shire Council.<br />

4 Amendment of Wingecarribee Local Environmental Plan 1989<br />

Wingecarribee Local Environmental Plan 1989 is amended as set<br />

out in Schedule 1.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

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660 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Wingecarribee Local Environmental Plan 1989 (Amendment No 119)<br />

Amendment Schedule 1<br />

Schedule 1 Amendment<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

P:\ep\03\e03-359-31\p01\e03-359-31-p01SCH.fm 9/12/03, 04:34 pm<br />

(Clause 4)<br />

Schedule 5<br />

Insert at the end of the Schedule:<br />

Part of Lot 1, DP 111722 and Lots 1–4, DP 587971, Bowral<br />

Street, Bowral, as shown edged heavy black on the map<br />

marked “Wingecarribee Local Environmental Plan 1989<br />

(Amendment No 119)”—child care centre.<br />

Page 3


13 <strong>February</strong> 2004 OFFICIAL NOTICES 661<br />

WATER ACT 1912<br />

Order Under Section 20Y<br />

THE Water Administration Ministerial Corporation is<br />

satisfied that the water source in the Schedules hereunder<br />

is unlikely to have more water available than is sufficient<br />

to meet the requirements of the persons already authorised<br />

by law to take water from the water source (and such other<br />

possible requirements for water from the water source as have<br />

been determined by the Corporation) and now declares that on<br />

and from the date of publication of this notice no application<br />

may be made for entitlements to take and use water for any<br />

purpose other than:<br />

1. Stock purposes (not associated with feed lots and<br />

piggeries), domestic purposes, town or village supply<br />

purposes.<br />

2. Irrigation for experimental, research and/or teaching<br />

purposes.<br />

The Order published in <strong>Government</strong> <strong>Gazette</strong> No. 35 on<br />

9 March 1990, in respect of the River Murray System is<br />

amended to include the Schedules hereunder.<br />

DAVID HARRISS,<br />

Regional Director,<br />

Water Administration Ministerial Corporation.<br />

SCHEDULE 1<br />

Murray River System<br />

Yallakool Creek from its effluence from the Edward River<br />

between Lot 90, DP 756259, Parish of Brassi, County of<br />

Townsend and Lot 78, DP 756333, Parish of Tumudgery,<br />

County of Townsend, AMG Zone 55 Easting 297623 Northing<br />

6074855, Topographic Map AU7827 and its confluence with<br />

the Wakool River between Lot 12, DP 756532, Parish of<br />

Corry, County of Wakool and Lot 54, DP 756354, Parish of<br />

Yallakool, County of Wakool, AMG Zone 55 Easting 269395<br />

Northing 6068436, Topographic Map AU7727.<br />

SCHEDULE 2<br />

Murray River System<br />

Niemur River from its confluence with Colligen Creek<br />

within Werai State Forest No: 384, north-east corner of Lot 3,<br />

DP 756342, Easting: 275187, Northing: 6088770 AMG Zone<br />

55, Parish of Werai, County of Townsend, Topographic Map<br />

AU7827, to its confluence with the Wakool River, Easting:<br />

753679, Northing 6105556, AMG Zone 54, in Lot 21, DP<br />

756591, Parish of Wetuppa, and Lot 48, DP 756529, Parish<br />

of Coobool, Topographic Map AU7627, both in County of<br />

Wakool.<br />

SCHEDULE 3<br />

Murray River System<br />

Merribit Creek from its effluence from the Wakool River<br />

between Lot 143, DP 756515, Parish of Bookit, County of<br />

Wakool, and Lot 2, DP 589303, Parish of Mia Mia, County of<br />

Wakool, AMG Zone 55, Easting 258622, Northing 6061922,<br />

Natural Resources<br />

to its confluence with the Wakool River between Lot 12, DP<br />

756586, Parish of Toolon, County of Wakool and Lot 46,<br />

DP 756559, Parish of Mia Mia, County of Wakool, AMG<br />

Zone 55, Easting 249775, Northing 6065333, Topographic<br />

Map AU7726.<br />

WATER ACT 1912<br />

Volumetric Water Allocation Scheme<br />

Section 20Z of the Water Act 1912<br />

THE Department of Infrastructure, Planning and Natural<br />

Resources is satisfied that during the 2003/2004 water year,<br />

the water sources of the Peel River catchment below Chaffey<br />

Dam which are subject to a scheme pursuant to section 20X<br />

of the Water Act 1912, are unlikely to have sufficient water<br />

available to meet the requirements of persons authorised<br />

by law to take water from the water sources or to meet<br />

other requirements for water previously determined by the<br />

Department.<br />

Consequently, for that year, except as provided hereunder,<br />

all allocations under the Peel Water Allocation are reduced<br />

to 20% of their basic allocations.<br />

This reduction shall take effect on and from 9 <strong>February</strong><br />

2004.<br />

This reduction does not apply to the allocations under<br />

entitlements for town water supply, stock, domestic,<br />

industrial or recreation (other than recreation involving<br />

maintenance of golf fairways).<br />

Signed for the Department of Infrastructure, Planning and<br />

Natural Resources.<br />

Dated: 9 <strong>February</strong> 2004.<br />

WATER ACT 1912<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

Order Under Section 113A<br />

RANDALL HART,<br />

Regional Director,<br />

Barwon Region.<br />

Revocation of Embargo on any Further Applications for<br />

Sub Surface Water Licences<br />

Cudgegong Valley Groundwater Management Area 010<br />

(Zones 1 and 2)<br />

THE Water Administration Ministerial Corporation, hereby<br />

revokes the following embargo declared pursuant to section<br />

113A of the Water Act 1912:<br />

Water Shortage Zones 1 and 2 of the Cudgegong Valley<br />

GWMA, published in the <strong>Government</strong> <strong>Gazette</strong> (169) on<br />

4 December 1998.<br />

Signed for the Water Administration Ministerial<br />

Corporation (by Delegation).<br />

Dated this 5th day <strong>February</strong> 2004.<br />

DON MARTIN,<br />

Regional Director,<br />

Central West Region.


662 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

WATER ACT 1912<br />

Order Under Section 113A<br />

Embargo on any Further Applications for<br />

Sub Surface Water Licences<br />

Cudgegong Valley Groundwater Management Area 010<br />

(Zones 1 and 2)<br />

THE Water Administration Ministerial Corporation, pursuant<br />

to section 113A of the Water Act 1912, being satisfied that the<br />

geological formations in the Water Shortage Zone described<br />

in the Schedule, are unlikely to have more water available<br />

than is sufficient to meet requirements of the licensees of<br />

bores situated within that Zone, and such other possible<br />

requirements from the Zone as are determined by the<br />

Ministerial Corporation, now declares that on and from the<br />

date of publication of this Order in the <strong>Government</strong> <strong>Gazette</strong>,<br />

no further applications for licences under Part 5 of the Water<br />

Act 1912, for bores accessing water from these formations,<br />

may be made except as specified below, until this Order is<br />

revoked by a subsequent Notice published in the <strong>Government</strong><br />

<strong>Gazette</strong>.<br />

This Order relates to all applications for licences issued<br />

under Part 5 of the Water Act 1912, other than applications<br />

for licences for:<br />

1. Water supply for private domestic purposes;<br />

2. Water supply for stock purposes;<br />

For the purpose of this Clause “stock” means stock of a<br />

number not exceeding the number pastured ordinarily<br />

on the lands having regard to seasonal fluctuations in<br />

the carrying capacity of the land and not held in close<br />

concentration for a purpose other than grazing. This<br />

excludes feedlots and piggeries, in particular;<br />

3. Water supply for town or village water supply<br />

purpose;<br />

4. Test bores drilled for the purposes of groundwater<br />

exploration or monitoring where there will be no<br />

extraction of groundwater and no allocation is<br />

sought;<br />

5. Bores on any property where there is an existing<br />

licence to which a water allocation (as defined in<br />

section 105 of the Water Act), applies and no increase<br />

in allocation is sought.<br />

Signed for the Water Administration Ministerial<br />

Corporation (by Delegation).<br />

SCHEDULE<br />

DON MARTIN,<br />

Regional Director,<br />

Central West Region.<br />

(a) This Order applies to all alluvial aquifers located within<br />

the hatched area of the diagram hereunder<br />

Cudgegong Valley Groundwater Management Area<br />

WATER ACT 1912<br />

Notice Under Section 22B<br />

THE subject notice cancels and replaces the notice published<br />

on 6 <strong>February</strong> 2004.<br />

THE Department of Infrastructure, Planning and Natural<br />

Resources pursuant to section 22B of the Water Act 1912,<br />

being satisfied that the quantity of water available in the<br />

Boomi River, unregulated Barwon River and unregulated<br />

Darling River (Barwon/Darling River System) all upstream<br />

of Lake Wetherall is insufficient to meet requirements with<br />

respect to the taking of water therefrom for water entitlements<br />

denoted as “B” and “C” class detailed hereunder, gives notice<br />

to all holders of permits, authorities and licences issued under<br />

Part 2 of the Water Act 1912, that all those water entitlements<br />

as mentioned above and held under the said part are restricted<br />

as of midday, 17 January 2004 (“B” class) and midday, 28<br />

January 2004 (“C” class).<br />

Details of restrictions:<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

• “B” class – a total of 28 days within the flow conditions<br />

attaching to their entitlement as of midday, 17 January<br />

2004.<br />

• “C” class – a total of 21 days within the flow conditions<br />

attaching to their entitlement provided that where<br />

the same pump is used for both “B” and “C” class<br />

entitlements, the total allowable extraction is 28 days<br />

of which not more than 21 days shall be of “C” class<br />

entitlement. Separate “C” class works can extract water<br />

for a maximum of 21 days. All “C” class extraction<br />

commences as of midday, 28 January 2004.<br />

The subject restrictions apply until further notice.<br />

GEOFF WISE,<br />

Regional Director,<br />

Far West Region.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 663<br />

WATER ACT 1912<br />

AN application under Part 2 of the Water Act 1912, being<br />

within a proclaimed (declared) local area under section 5(4)<br />

of the Act.<br />

An application for a licence under section 10 of Part 2 of<br />

the Water Act 1912, has been received as follows:<br />

Murray River Valley<br />

Brian Kenneth VIAL, Leigh Kenneth VIAL and Robin<br />

Marie CRAWFORD for a pump on the Edward River on<br />

Lot 71, DP 756553, Parish of Mallan, County of Wakool, for<br />

irrigation (replacement licence due to permanent transfer)<br />

(Reference: 50SL75612) (GA2:477292).<br />

Any enquiries regarding the above should be directed to<br />

the undersigned (telephone: [03] 5881 9200).<br />

Written objections to the application specifying the<br />

grounds thereof may be made by any statutory authority or a<br />

local occupier within the proclaimed area and must be lodged<br />

at the Department’s Office at Deniliquin within twenty-eight<br />

(28) days of the date of this publication.<br />

L. J. HOLDEN,<br />

Senior Natural Resource Officer,<br />

Murray Region.<br />

Department of Infrastructure, Planning and<br />

Natural Resources,<br />

PO Box 205, Deniliquin, <strong>NSW</strong> 2710.<br />

WATER ACT 1912<br />

AN application for a licence under Part 2 of the Water Act<br />

1912, being within a proclaimed (declared) local area under<br />

section 5(4) of the Act.<br />

An application for an authority under section 20 of Part 2<br />

of the Water Act 1912, has been received as follows:<br />

Lachlan River Valley<br />

Robert William SANSON and OTHERS for a pump<br />

and pipeline on Lachlan River, pump on Lot 15/752348,<br />

Parish of Trigalong, County of Dowling, pipeline on Lots<br />

15, 14, 13 and 27, DP 752348, Parish of Trigalong, County<br />

of Dowling and Lots 33, DP 752348, Lots 32 and 33, DP<br />

752327, Parish Gaugong, County of Dowling, Lots Pt16 and<br />

19, DP 752359, Parish Yarrabundry, County of Dowling, for<br />

water supply for domestic and stock purposes and to supply<br />

stock and domestic water to the occupiers of Lots 11, 12, 13,<br />

14, 27 and 38, DP 752348 and Lots 34, DP 752348, Lots 18<br />

and 19, DP 752360, Pt16 and 19, DP 752359 and Lots 33,<br />

DP 752348, Lots 17, 32 and Pt34, DP 752327, Lots 17 and<br />

18, DP752359 (new authority) (Reference: 70SA009611)<br />

(GA2:466302).<br />

Written objections specifying grounds thereof, may be<br />

made by any statutory authority or local occupier within the<br />

proclaimed local area whose interests may be effected must<br />

be lodged with the Department within twenty-eight (28) days<br />

of the date of this publication as prescribed by the Act.<br />

VIV RUSSELL,<br />

Resource Access Manager,<br />

Water Access.<br />

Department of Infrastructure, Planning and<br />

Natural Resources,<br />

PO Box 136, Forbes, <strong>NSW</strong> 2871,<br />

Telephone: (02) 6852 1222.<br />

WATER ACT 1912<br />

APPLICATIONS under Part 2 within a proclaimed (declared)<br />

local area under section 5(4) of the Water Act 1912.<br />

Applications for a licence under section 10 for works<br />

within a proclaimed (declared) local area as generally<br />

described hereunder has been received from:<br />

Murrumbidgee Valley<br />

TARRABANDRA PASTORAL COMPANY PTY LTD<br />

for a pump on the Tumut River, Lot 467, DP 757248, Parish<br />

of South Gundagai, County of Wynyard, for irrigation of 10<br />

hectares (pasture) (licence application as a result of a split<br />

of an existing licence – no increase in valley allocation)<br />

(Reference: 40SL70943).<br />

Peter Edward LUDERS and Elizabeth Jane Digan<br />

LUDERS for a pump on the Tumut River, Lot 24, DP 872049,<br />

Parish of Tarrabandra, County of Wynyard, for irrigation<br />

of 10 hectares (pasture) (licence application as a result of a<br />

split of an existing licence – no increase in valley allocation)<br />

(Reference: 40SL70943).<br />

Any enquiries regarding the above should be directed to<br />

the undersigned (telephone: [02] 6953 0700).<br />

Formal objections to the application specifying the<br />

grounds thereof, may be made by any statutory authority<br />

or a local occupier within the proclaimed area and must be<br />

lodged with the Department’s Regional Director at Leeton<br />

within the twenty-eight (28) days as fixed by the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

S. F. WEBB,<br />

Resource Access Manager,<br />

Murrumbidgee Region.<br />

Department of Infrastructure, Planning and<br />

Natural Resources,<br />

PO Box 156, Leeton, <strong>NSW</strong> 2705.<br />

WATER ACT 1912<br />

NOTICE is given of the intention of the Water Administration<br />

Ministerial Corporation to sell water under section 20AO of<br />

the Water Act for a period of one year.<br />

The Ministerial Corporation invites offers subject to<br />

negotiations from any person in the Murray River Catchment<br />

to purchase any portion of 13,400 megalitres.<br />

Sale will be available through the SRIDC/Murray<br />

Irrigation water exchange as of <strong>February</strong> 2004 and any<br />

enquires regarding the above should be directed to Belinda<br />

Seymour, tel. (03) 5883 9353 or David Watts, tel. (03) 5881<br />

9321 or MIL Ltd. reception, tel. (03) 5881 9300.<br />

GA2:469506.<br />

ANDREW CAPPIE-WOOD,<br />

A/Director General,<br />

(by delegation).<br />

WATER ACT 1912<br />

Notice Under Section 22B – Pumping Restrictions<br />

Bombowlee Creek<br />

THE Water Administration Ministerial Corporation, pursuant<br />

to section 22B of the Water Act 1912, being satisfied that the<br />

quantity of water available or likely to be available in the


664 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Bombowlee Creek is insufficient to meet all requirements<br />

with respect to the taking of water from the creek hereby<br />

gives notice to:<br />

Holder of entitlements issued under Part 2 of the Water<br />

Act 1912, including those for stock and domestic<br />

water supply purposes AND all non licensed riparian<br />

users.<br />

That from Friday, 13 <strong>February</strong> 2004, until further notice,<br />

the taking of water from the Bombowlee Creek is restricted<br />

as follows:<br />

Pumping may only occur for internal household use.<br />

Any person who contravenes the restrictions imposed by<br />

this notice is guilty of an offence and is liable on conviction<br />

to a penalty not exceeding:<br />

(a) where the offence was committed by a Corporation<br />

$22,000: or in the case of a continuing offence to<br />

further penalty not exceeding $2,200 per day.<br />

(b) where the offence was committed by any other person<br />

$11,000: or in the case of a continuing offence to<br />

further penalty not exceeding $1,100 per day.<br />

Dated this <strong>13th</strong> <strong>February</strong> 2004.<br />

W. FORD,<br />

Deputy Regional Director,<br />

Murrumbidgee Region.<br />

WATER ACT 1912<br />

APPLICATIONS for a licence under the section 10 of Part<br />

2 of the Water Act 1912, as amended, has been received as<br />

follows:<br />

AHGUNYAH PTY LIMITED for a pump on the<br />

Wollondilly River on 41//999621 and on First Creek on<br />

214//750042, all Parish of Pejar, all County of Argyle, for<br />

the irrigation of 10.0 hectares (improved pasture) (section<br />

13AA application – part replacement licence – transfer<br />

of 18.0 megalitres from 10SL30086 – no increase in area<br />

– not subject to the 1995 Hawkesbury/Nepean Embargo)<br />

(Reference: 10SL56348) (GA2:493223).<br />

Diana Elaine MURRAY and John Malcolm MURRAY<br />

for an existing bywash dam and pump on an unnamed<br />

watercourse (2nd order stream), on 2//1034724, Parish of<br />

Rhyana, County of Argyle, for the conservation of water<br />

and water supply for stock and domestic purposes (in<br />

excess of MHRDC – new licence – not subject to the 1995<br />

Hawkesbury/Nepean Embargo) (Reference: 10SL56348)<br />

(GA2:493224).<br />

OGNIS PTY LIMITED for an existing bywash dam<br />

on an unnamed watercourse (1st order stream), on 142//<br />

755221, Parish of Cowan, County of Northumberland, for<br />

conservation of water and water supply of stock purposes and<br />

irrigation of 40.0 hectares (improved pasture) (existing works<br />

– replacement licence – amendment to purpose – dam in<br />

excess of MHRDC – not subject to the Hawkesbury/Nepean<br />

Embargo) (Reference: 10SL55780) (GA2:462948).<br />

Any inquiries regarding the above should be directed to<br />

the undersigned (telephone: 9895 7194).<br />

Written objections specifying grounds thereof must be<br />

lodged with the Department within twenty-eight (28) days<br />

of the date of this publication as prescribed by the Act.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

WAYNE CONNERS,<br />

Natural Resource Project Officer,<br />

Sydney/South Coast Region.<br />

Department of Infrastructure, Planning and<br />

Natural Resources,<br />

PO Box 3935, Parramatta, <strong>NSW</strong> 2124.<br />

WATER ACT 1912<br />

AN application under Part 2, being within a proclaimed<br />

(declared) local area under section 20E(2) of the Water Act<br />

1912, as amended.<br />

An application for an amended authority for works within<br />

a proclaimed local area as generally described hereunder has<br />

been received as follows:<br />

Macintyre-Dumaresq River Valley<br />

SUNNYSIDE (MOREE) PTY LIMITED and Gregory<br />

John Arthur MORRIS (trading as JAGSAM PARTNERSHIP)<br />

and the William John SEERY FAMILY PARTNERSHIP, for<br />

two (2) diversion pipes on the Macintyre River (Boomi Weir<br />

pool) and a diversion channel and two (2) mixed flow pumps<br />

on the Macintyre River on Lot 9, DP 750503 and Lot 18, DP<br />

750503, Parish of Tycawina, County of Benarba, for water<br />

supply for stock and domestic purposes and irrigation of<br />

2,818.50 hectares (cotton and rotational crops) (application<br />

seeks to transfer permanently 16.5 hectares and 20.5 hectares<br />

respectively, of existing Dumaresq River entitlement – to<br />

combine and replace current Authority – 90SA11658) (LO<br />

Papers: SA11712).<br />

Written objections to the application specifying the<br />

grounds thereof may be made by any statutory authority<br />

or local occupier within the proclaimed (declared) area,<br />

whose interest may be affected and must be lodged with the<br />

Department’s Manager, Resource Access, Tamworth, within<br />

twenty-eight (28) days as specified in the Act.<br />

Department of Infrastructure, Planning and<br />

Natural Resources,<br />

PO Box 550, Tamworth, <strong>NSW</strong> 2340.<br />

GEOFF CAMERON,<br />

Manager,<br />

Resource Access.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 665<br />

DUBBO OFFICE<br />

142 Brisbane Street (PO Box 865), Dubbo, <strong>NSW</strong> 2830<br />

Phone: (02) 6841 5200 Fax: (02) 6841 5231<br />

REVOCATION OF RESERVATION OF CROWN<br />

LAND<br />

PURSUANT to section 90 of the Crown Lands Act 1989,<br />

the reservation of Crown Land specified in Column 1 of<br />

the Schedule hereunder, is revoked to the extent specified<br />

opposite thereto in Column 2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Dunedoo. Part being Lot 1, DP 1061886,<br />

Local <strong>Government</strong> Area: Coolah. Parish of Merrygoen, County<br />

Parish: Merrygoen. of Napier, of an area of 671<br />

County: Napier. hectares.<br />

Reserve No.: 94183.<br />

Purpose: Future public<br />

requirements.<br />

Notified: 16 January 1981.<br />

File No.: DB99 H 115.<br />

CROWN LANDS ACT 1989<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 90 of the<br />

Crown Lands Act 1989, appearing in the <strong>Government</strong> <strong>Gazette</strong><br />

of 23 January 2004, at Folio 285, is hereby repealed.<br />

The notice referred to:<br />

(1) The revocation of Reserve No. 32723 for camping,<br />

pursuant to section 90 of the Crown Lands Act 1989;<br />

and<br />

(2) The revocation of Reserve No. 88958 for public<br />

recreation, pursuant to section 90 of the Crown<br />

Lands Act 1989; and<br />

incorrectly stated that the revocations were to allow<br />

creation of reserves as per the Terramungamine ILUA Deed<br />

of Agreement.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

REVOCATION OF RESERVATION OF CROWN<br />

LAND<br />

PURSUANT to section 90 of the Crown Lands Act 1989,<br />

the reservation of Crown Land specified in Column 1 of<br />

the Schedules hereunder, is revoked to the extent specified<br />

opposite thereto in Column 2 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

Department of Lands<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2<br />

Land District: Dubbo. The whole being Pt Lot 118,<br />

Local <strong>Government</strong> Area: Dubbo DP No. 754328, Parish<br />

City Council. Terramungamine, County<br />

Locality: Dubbo. Lincoln, of an area of 10.18<br />

Reserve No.: 32723. hectares.<br />

Public Purpose: Camping.<br />

Notified 11 May 1901.<br />

File No.: DB80 R 22/7.<br />

Note: To allow creation of reserves as per the<br />

Terramungamine Deed of Agreement.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2<br />

Land District: Dubbo. The whole being Lot 135,<br />

Local <strong>Government</strong> Area: Dubbo DP No. 754328 and Pt Lot<br />

City Council. 118, DP No. 754328, in the<br />

Locality: Dubbo. Parish Terramungamine,<br />

Reserve No.: 88958. County Lincoln, with a total<br />

Public Purpose: Public recreation. area of 6 hectares.<br />

Notified 20 July 1973.<br />

File No.: DB80 R 22/7.<br />

Note: To allow creation of reserves as per the<br />

Terramungamine Deed of Agreement.<br />

RURAL LANDS PROTECTION ACT 1998<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 85 of<br />

the Rural Lands Protection Act 1998, appearing in the<br />

<strong>Government</strong> <strong>Gazette</strong> of 30 January 2004, at Folio 342, is<br />

hereby repealed:<br />

The notice referred to the placing of Reserve No. 1005228<br />

for travelling stock, notified the same day, under the control of<br />

the Dubbo Rural Lands Protection Board pursuant to section<br />

85 of the Rural Lands Protection Act 1998.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

NOTICE PLACING RESERVE UNDER<br />

CONTROL OF RURAL LANDS PROTECTION<br />

BOARD<br />

IN pursuance of the provisions of section 85, Rural Lands<br />

Protection Act 1998, the reserve specified hereunder is placed<br />

under the control of the Rural Lands Protection Board for<br />

the Rural Lands Protection District as from the date of this<br />

notification.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)


666 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Description<br />

Land District: Dubbo.<br />

Local <strong>Government</strong> Area: Dubbo City Council.<br />

Rural Lands Protection District: Dubbo.<br />

Parish: Terramungamine.<br />

County: Lincoln.<br />

Reserve 1005228 for travelling stock, notified this day.<br />

File No.: DB80 R 22/7.<br />

CROWN LANDS ACT 1989<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 92(1) of<br />

the Crown Lands Act 1989, appearing in the <strong>Government</strong><br />

<strong>Gazette</strong> of 30 January 2004, at Folios 342 and 343, is hereby<br />

repealed.<br />

The notice referred to:<br />

(1) The establishment of Terramungamine Reserve<br />

Reserve Trust for Reserve No. 1005388 for public<br />

recreation and Preservation of Aboriginal Cultural<br />

Heritage, pursuant to section 92(1) of the Crown<br />

Lands Act 1989; and<br />

(2) The establishment of Tubbagah Aboriginal Burial<br />

Ground Reserve Trust for Dedication No. 1004888<br />

for Aboriginal Burial Ground, pursuant to section<br />

92(1) of the Crown Lands Act 1989.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

ESTABLISHMENT OF RESERVE TRUST<br />

PURSUANT to section 92(1) of the Crown Lands Act 1989,<br />

the reserve trust specified in Column 1 of the Schedules<br />

hereunder, is established under the name stated in that<br />

Column and is appointed as trustee of the reserve specified<br />

opposite thereto in Column 2 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2<br />

Terramungamine Reserve Reserve No.: 1005388.<br />

Reserve Trust. Public Purpose: Public<br />

recreation and Preservation<br />

of Aboriginal Cultural<br />

Heritage.<br />

Notified: This day.<br />

File No.: DB80 R 22/7.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2<br />

Tubbagah Aboriginal Burial Dedication No.: 1004888.<br />

Ground Reserve Trust. Public Purpose: Aboriginal<br />

Burial Ground.<br />

Notified: This day.<br />

File No.: DB80 R 22/7.<br />

CROWN LANDS ACT 1989<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 95 of the<br />

Crown Lands Act 1989, appearing in the <strong>Government</strong> <strong>Gazette</strong><br />

of 30 January 2004, at Folio 342, is hereby repealed.<br />

The notice referred to:<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

(1) The appointment of a corporation to manage the<br />

affairs of Reserve No. 1005388 for public recreation<br />

and Preservation of Aboriginal Cultural Heritage,<br />

pursuant to section 95 of the Crown Lands Act 1989;<br />

and<br />

(2) The appointment of a corporation to manage the<br />

affairs of Dedication No. 1004888 for Aboriginal<br />

Burial Ground, pursuant to section 95 of the Crown<br />

Lands Act 1989.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

APPOINTMENT OF CORPORATION TO<br />

MANAGE RESERVE TRUST<br />

PURSUANT to section 95 of the Crown Lands Act 1989,<br />

the corporation specified in Column 1 of the Schedules<br />

hereunder, is appointed to manage the affairs of the reserve<br />

trust specified opposite thereto in Column 2, which is trustee<br />

of the reserve referred to in Column 3 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Dubbo City Council. Terramungamine Reserve No.: 1005388.<br />

Reserve Reserve Public Purpose: Public<br />

Trust. recreation and Preservation<br />

of Aboriginal Cultural<br />

Heritage.<br />

Notified: This day.<br />

File No.: DB80 R 22/7.<br />

For a term commencing the date of this notice.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Dubbo City Council. Tubbagah Aboriginal Dedication No.: 1004888.<br />

Burial Ground Public Purpose: Aboriginal<br />

Reserve Trust. Burial Ground.<br />

Notified: This day.<br />

File No.: DB80 R 22/7.<br />

For a term commencing the date of this notice.<br />

CROWN LANDS ACT 1989<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 80 of the<br />

Crown Lands Act 1989, appearing in the <strong>Government</strong> <strong>Gazette</strong><br />

of 30 January 2004, at Folio 343, is hereby repealed.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 667<br />

The notice referred to:<br />

(1) The creation of Reserve No. 1004888 for Aboriginal<br />

Burial Ground, pursuant to section 80 of the Crown<br />

Lands Act 1989; and<br />

(2) The creation of Reserve No. 1005388 for public<br />

recreation and Preservation of Aboriginal Cultural<br />

Heritage, pursuant to section 80 of the Crown Lands<br />

Act 1989.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

DEDICATION OF CROWN LAND FOR A<br />

PUBLIC PURPOSE<br />

PURSUANT to section 80 of the Crown Lands Act 1989,<br />

the Crown Land specified in Column 1 of the Schedule<br />

hereunder, is dedicated as specified opposite thereto in<br />

Column 2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Dubbo. Dedication No.: 1004888.<br />

Local <strong>Government</strong> Area: Dubbo Public Purpose: Aboriginal<br />

City Council. Burial Ground.<br />

Locality: Terramungamine.<br />

Parish: Terramungamine.<br />

County: Lincoln.<br />

Pt Lot 118, DP No. 754328,<br />

Parish Terramungamine,<br />

County Lincoln, shown as<br />

Lot 3 in the following diagram.<br />

Area: 5.5 hectares.<br />

File No.: DB80 R 22/7.<br />

CROWN LANDS ACT 1989<br />

Repeal of Notice<br />

IN pursuance of the provisions of section 43 of the<br />

Interpretation Act 1987, the notice under section 87 of the<br />

Crown Lands Act 1989, appearing in the <strong>Government</strong> <strong>Gazette</strong><br />

of 30 January 2004, at Folio 343, is hereby repealed.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

The notice referred to:<br />

(1) The creation of Reserve No. 1005228 for travelling<br />

stock, pursuant to section 87 of the Crown Lands Act<br />

1989; and<br />

(2) The creation of Reserve No. 1005388 for public<br />

recreation and Preservation of Aboriginal Cultural<br />

Heritage, pursuant to section 87 of the Crown Lands<br />

Act 1989.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

RESERVATION OF CROWN LAND<br />

PURSUANT to section 87 of the Crown Lands Act 1989,<br />

the Crown Land specified in Column 1 of the Schedules<br />

hereunder, is reserved as specified opposite thereto in Column<br />

2 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2<br />

Land District: Dubbo. Reserve No.: 1005228.<br />

Local <strong>Government</strong> Area: Dubbo Public Purpose: Travelling<br />

City Council. stock.<br />

Locality: Terramungamine.<br />

Pt Lot 118, DP No. 754328,<br />

Parish Terramungamine,<br />

County Lincoln, shown as<br />

Lot 2 in the following diagram.<br />

Area: 4.0 hectares.<br />

File No.: DB80 R 22/7.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2<br />

Land District: Dubbo. Reserve No.: 1005388.<br />

Local <strong>Government</strong> Area: Dubbo Public Purpose: Public<br />

City Council. recreation and Preservation<br />

Locality: Terramungamine. of Aboriginal Cultural<br />

Lot 135, DP No. 754328, Heritage.<br />

Parish Terramungamine,<br />

County Lincoln and Pt Lot 118,<br />

DP No. 754328,<br />

Parish Terramungamine,<br />

County Lincoln, shown as Lot 1<br />

in the following diagram.<br />

Area: 6.689 hectares.<br />

File No.: DB80 R 22/7.


668 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedule hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust board for the<br />

reserve trust specified opposite thereto in Column 2, which<br />

has been established and appointed as trustee of the reserve<br />

referred to opposite thereto in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Randell James Globelands Public Reserve No.: 61234.<br />

POWELL Recreation Reserves Public Purpose: Public<br />

(new member), Trust. recreation.<br />

Elizabeth POWELL Notified: 28 June 1929.<br />

(new member),<br />

Clifton Peter Reserve No.: 56902.<br />

POWELL Public Purpose: Public<br />

(new member), recreation.<br />

Cyril James CAREY Notified: 14 March 1924.<br />

(new member). File No.: DB83 R 103/2.<br />

Term of Office<br />

For a term commencing this day and expiring 5 <strong>February</strong><br />

2009.<br />

APPOINTMENT OF CORPORATION TO<br />

MANAGE RESERVE TRUST<br />

PURSUANT to section 95 of the Crown Lands Act 1989,<br />

the corporation specified in Column 1 of the Schedule<br />

hereunder, is appointed to manage the affairs of the reserve<br />

trust specified opposite thereto in Column 2, which is trustee<br />

of the reserve referred to in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Windamere Windamere Reserve No.: 190112.<br />

Regional Shooting Recreational Park Public Purpose: Public<br />

Complex Inc. Reserve Trust. recreation and environmental<br />

protection.<br />

Notified: 29 July 1994.<br />

File No.: DB00 R 12/1.<br />

For a term commencing on 21 <strong>February</strong> 2004.<br />

ORDER SPECIFYING ADDRESS FOR<br />

SERVICE OF NOTICES ON RESERVE TRUST<br />

PURSUANT to the provisions of section 97 of the Crown<br />

Lands Act 1989, I order that the address for service of<br />

documents on the reserve trust specified in Column 1 of the<br />

Schedule hereunder, which is trustee of the reserve referred<br />

to opposite thereto in Column 2, as the address specified<br />

opposite the name of the reserve trust in Column 3 of the<br />

Schedule.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Windamere Reserve No.: 190112. C/- Mr Errol Grieve,<br />

Recreational Park Public Purpose: Chairman,<br />

Reserve Trust. Public recreation 87 Inglis Street,<br />

and environmental Mudgee, <strong>NSW</strong> 2850.<br />

protection.<br />

Notified: 29 July 1994.<br />

File No.: DB00 R 12/1.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 669<br />

FAR WEST REGIONAL OFFICE<br />

45 Wingewarra Street (PO Box 1840), Dubbo, <strong>NSW</strong> 2830<br />

Phone: (02) 6883 3000 Fax: (02) 6883 3099<br />

ESTABLISHMENT OF RESERVE TRUST<br />

PURSUANT to section 92(1) of the Crown Lands Act 1989,<br />

the reserve trust specified in Column 1 of the Schedule<br />

hereunder, is established under the name stated in that<br />

Column and is appointed as trustee of the reserve specified<br />

opposite thereto in Column 2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Gol Gol Cemetery Reserve Trust. Dedication No.: 1005288.<br />

Public Purpose: General<br />

cemetery.<br />

Notified: 15 August 1879.<br />

File No.: WL88 R 119.<br />

APPOINTMENT OF CORPORATION TO<br />

MANAGE RESERVE TRUST<br />

PURSUANT to section 95 of the Crown Lands Act 1989,<br />

the corporation specified in Column 1 of the Schedule<br />

hereunder, is appointed to manage the affairs of the reserve<br />

trust specified opposite thereto in Column 2, which is trustee<br />

of the reserve referred to in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Wentworth Shire Gol Gol Cemetery Dedication No.: 1005288.<br />

Council. Reserve Trust. Public Purpose: General<br />

cemetery.<br />

Notified: 15 August 1879.<br />

File No.: WL88 R 119<br />

For a term commencing this day.<br />

ALTERATION OF PURPOSE OF A WESTERN<br />

LANDS LEASE<br />

IT is hereby notified that in pursuance of the provisions<br />

of section 18J, Western Lands Act 1901, the purpose and<br />

conditions of the undermentioned Western Lands Lease has<br />

been altered as shown.<br />

CRAIG KNOWLES, M.P.,<br />

Minister for Infrastructure and Planning<br />

and Minister for Natural Resources<br />

Administrative District – Wentworth; Shire – Carrathool;<br />

Parish – Gonowlia and Others;<br />

County – Franklin and Blaxland.<br />

The purpose of Western Lands Lease 7618, being the<br />

land contained within Folio Identifiers 1/752973, 5/752973,<br />

33/752973, 34/752973, 13/752988, 14/752988, 15/752988,<br />

16/752988, 17/752988, 18/752988, 19/752988, 20/752988,<br />

21/752988, 24/752988, 44/752988, 1666/763333, 2962/<br />

765162, 6315/769203, 6316/769204 and 4858/769399 have<br />

been altered from “Grazing” to “Grazing and Cultivation”<br />

effective from 3 <strong>February</strong> 2004.<br />

As a consequence of the alteration of purpose the<br />

conditions have been altered by the inclusion of the special<br />

conditions following.<br />

Special Conditions Attached to Western Lands<br />

Lease 7618<br />

1. The Lessee shall restrict cultivation to the 880 hectare<br />

area shown hatched on the diagram below. Any proposed<br />

cultivation beyond those boundaries will require a<br />

review of environmental factors by the Department of<br />

Infrastructure, Planning and Natural Resources.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

2. The Lessee shall take any measures directed by the<br />

Commissioner to rectify or ameliorate any on or off site<br />

natural resource degradation associated with land use<br />

on the lease. The Commissioner’s directions will only<br />

require the Lessee’s rectification to be commensurate with<br />

the Lessee’s contribution to the degradation issue(s) in<br />

question.<br />

3. The Lessee shall ensure that all access tracks to the area<br />

to be cultivated must be arranged in such a manner as to<br />

minimise the disturbance of any land surface or native<br />

vegetation and ensure direct access through the area.<br />

4. Disposal of tailwater into creeks and rivers is controlled by<br />

the Protection of the Environment Operations Act 1997.<br />

Before disposing of any tailwater or water which may be<br />

contaminated with fertiliser, herbicide or pesticide the<br />

Environmental Protection Authority must be contacted.<br />

5. Aboriginal sites are protected under the National Parks<br />

and Wildlife Act 1974, and are extremely vulnerable<br />

to may kinds of agricultural development. Should any<br />

Aboriginal archaeological material be unearthed during<br />

cultivation operations, all work is to immediately stop<br />

and the National Parks and Wildlife Services are to be<br />

contacted.<br />

6. Stubble shall be retained on the soil surface and shall not<br />

be burnt, except with the approval of the Commissioner.<br />

Where such approval is granted and stubble burning is<br />

carried out, a six (6) metre fire-break must be prepared<br />

around all the areas to be burnt.<br />

7. Livestock are to be excluded from cultivated fallows<br />

unless the Commissioner or the Rangeland Management<br />

Officer otherwise provide approval in writing.


670 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

8. The lessee(s) shall undertake any appropriate measures,<br />

at his/her own expense, ordered by the Commissioner to<br />

rehabilitate any degraded cultivated areas.<br />

ALTERATION OF PURPOSE OF A WESTERN<br />

LANDS LEASE<br />

IT is hereby notified that in pursuance of the provisions<br />

of section 18J, Western Lands Act 1901, the purpose and<br />

conditions of the undermentioned Western Lands Lease have<br />

been altered as shown.<br />

CRAIG KNOWLES, M.P.,<br />

Minister for Natural Resources<br />

and Minister for Infrastructure Planning<br />

Administrative District – Walgett North;<br />

Shire – Brewarrina; Parish – Bragla and Others;<br />

County – Narran.<br />

The purpose of Western Lands Lease 7788 being the land<br />

contained within Folio Identifier 3929/766402 has been<br />

altered from “Grazing” to “Grazing and Farm Tourism”<br />

effective from 2 <strong>February</strong> 2004.<br />

Annual rental and lease conditions remain unaltered as a<br />

consequence of the change of purpose except for the addition<br />

of the following special conditions:<br />

1. (a) Before using the lease area for farm tourism the<br />

lessee shall take steps in the manner provided for<br />

in paragraph (c) to identify any Aboriginal sites<br />

or relics located on that part of the lease area to<br />

be used for farm tourism.<br />

(b) Where the existence and location of any<br />

Aboriginal site or relic is identified as a result of<br />

action taken under this condition or the existence<br />

of location of such a site or relic is otherwise<br />

within the knowledge of the lessee, the lessee<br />

shall ensure by taking such precautions as may<br />

be necessary that the site or relic is not interfered<br />

with, damaged, destroyed or defaced.<br />

(c) The lessee shall consult with the local Aboriginal<br />

land council with a view to identifying and<br />

locating any Aboriginal site or relics on the lease<br />

area.<br />

(d) The lessee shall be familiar with the provisions<br />

of the National Parks and Wildlife Act 1974,<br />

relating to the protection of, interference with or<br />

the damaging or destruction of Aboriginal sites<br />

or relics.<br />

(e) If an Aboriginal site is discovered the lessee<br />

should contact the Manager, Cultural heritage<br />

Unit, National Parks and Wildlife Service,<br />

Western Directorate, Dubbo.<br />

2. The lessee shall not in using the subject land for farm<br />

tourism, observe, or allow any other person to observe,<br />

activities or cultural works of Aboriginal peoples or<br />

Torres Straight Islanders.<br />

3. (a) The lessee shall not use any vehicle for the purpose<br />

of “farm tourism” (and shall take all reasonable<br />

steps to prevent any other person from using any<br />

vehicle for the purpose of “farm tourism”) on any<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

part of the lease identified under the provisions of<br />

the Soil Conservation Act 1938, as protected land<br />

or as being environmentally sensitive.<br />

(b) The lessee shall ensure that any access tracks must<br />

be arranged in such a manner as to minimise the<br />

disturbance of any land surface.<br />

4. The lessee shall not destroy populations of any<br />

endangered or threatened species, damage the<br />

critical habitat of endangered species, populations<br />

and ecological communities or damage the habitat<br />

of any threatened species, populations or ecological<br />

communities scheduled in the Threatened Species<br />

Conservation Act 1995, on any part of the lease whilst<br />

using the land for the purpose of “farm tourism” and<br />

shall prevent any other person from doing the same.<br />

5. The lessee shall ensure that any European heritage<br />

sites, artefacts, buildings or other areas of significance<br />

will not be damaged, destroyed or defaced by either<br />

the lessee or other persons present on the leased<br />

land.<br />

6. The lessee shall ensure that any fuel management and/<br />

or fire trail access should be undertaken in accordance<br />

with fire mitigation measures to the satisfaction of the<br />

Bush Fire Authority.<br />

7. The lessee shall undertake any appropriate measures, at<br />

his/her own expense as ordered by the Commissioner<br />

to rehabilitate any degraded or disturbed areas.<br />

8. The lessee shall ensure that all traffic is contained to<br />

the designated tracks in order to reduce the impact<br />

on soil and vegetation including potential wind and<br />

water erosion on those tracks.<br />

9. The lessee shall not erect or permit any person to<br />

erect any buildings or extend any existing buildings<br />

on the land leased except in accordance with plans and<br />

specifications approved by the Council of the local<br />

<strong>Government</strong> area.<br />

ALTERATION OF CONDITIONS OF A<br />

WESTERN LANDS LEASE<br />

IT is hereby notified that in pursuance of the provisions of<br />

section 18J, Western Lands Act 1901, the conditions of the<br />

undermentioned Western Lands Lease has been altered as<br />

shown.<br />

CRAIG JOHN KNOWLES, M.P.,<br />

Minister for Infrastructure and Planning<br />

and Minister for Natural Resources<br />

Administrative District and Shire – Wentworth;<br />

Parish – Mindewul; County – Wentworth.<br />

The conditions of Western Lands Lease 3112 being the<br />

land contained within Folio Identifier 1134/762469 have been<br />

altered effective from 4 <strong>February</strong> 2004, by the inclusion of the<br />

special conditions following. The conservation area indicated<br />

in the special conditions comprises 4933 hectares.<br />

Special Conditions Attached to Western Lands<br />

Lease 3112<br />

1. The lessee shall erect and maintain a domestic stockproof<br />

standard fence surrounding the areas shown hatched on<br />

the diagram hereunder and ensure the areas remain<br />

ungrazed by both domestic stock and feral animals.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 671<br />

2. The lessee shall not clear any vegetation or remove any<br />

timber within the areas shown hatched on the diagram<br />

hereunder unless written approval has been granted by<br />

either the Commissioner or the Minister.<br />

3. The lessee shall manage the areas shown hatched on the<br />

diagram hereunder in accordance with best management<br />

practices specified in the document known as “Southern<br />

Mallee Regional Guidelines for the Development of Land<br />

Use Agreements”.<br />

4. Special Condition 1 above shall be revoked, upon<br />

application by the lessee, in the event of the revocation<br />

of Cultivation Consent for any reason other than a breach<br />

of Consent condition(s).<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

ALTERATION OF CONDITIONS OF A<br />

WESTERN LANDS LEASE<br />

IT is hereby notified that in pursuance of the provisions of<br />

section 18J, Western Lands Act 1901, the conditions of the<br />

undermentioned Western Lands Lease have been altered as<br />

shown.<br />

CRAIG KNOWLES, M.P.,<br />

Minister for Infrastructure and Planning<br />

and Minister for Natural Resources<br />

Administrative District – Wilcannia;<br />

Shire – Unincorporated Area;<br />

Parish – Kandie; County – Yungnulgra.<br />

The conditions of Western Lands Leases 336, 745, 6038<br />

and 11094 being the land contained within Folio Identifiers<br />

4540/767646, 4641/767805, 3551/765903 and 4482/767528,<br />

have been altered by the removal of the condition, “The<br />

lessee shall not obstruct or interfere with any reserves, roads<br />

or tracks or the lawful use thereof by any person.” and the<br />

inclusion of condition, “The lessee shall not obstruct or<br />

interfere with any reserves, Crown roads or the public access<br />

identified as MR 428, UR 15, UR 32, SR 6 or the lawful use<br />

thereof by any person.” effective from 28 January 2004.<br />

File No.: WLL 11094.


672 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

GRAFTON OFFICE<br />

76 Victoria Street (Locked Bag 10), Grafton, <strong>NSW</strong> 2460<br />

Phone: (02) 6640 2000 Fax: (02) 6640 2035<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedules hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust boards for the<br />

reserve trusts specified opposite thereto in Column 2, which<br />

have been established and appointed as trustee of the reserves<br />

referred to opposite thereto in Column 3 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Denise Claire PAUL Eatonsville Public Dedication No.: 540072.<br />

(new member), Hall Trust. Public Purpose: Public hall.<br />

Allen PAUL Notified: 2 November 1956.<br />

(new member), File No.: GF80 R 258.<br />

Suzanne Mary<br />

HOLMES<br />

(new member),<br />

Ronald Joseph<br />

HOLMES<br />

(new member),<br />

Karen Irene CARR<br />

(new member),<br />

Raymond John<br />

AUSTEN<br />

(new member),<br />

Isabel Melba<br />

AUSTEN<br />

(new member).<br />

Term of Office<br />

For a term commencing 1 March 2004 and expiring<br />

28 <strong>February</strong> 2009.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Nicola MERCER Horseshoe Creek Reserve No.: 72303.<br />

(new member), Public Hall Reserve Public Purpose: Public hall.<br />

Jennifer Claire Trust. Notified: 6 June 1947.<br />

JAMES (new member), File No.: GF80 R 236.<br />

Peter James FISH<br />

(new member).<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

15 November 2007.<br />

SCHEDULE 3<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Rex Francis GREEN Lower Southgate Reserve No.: 24140.<br />

(re-appointment), Flood Refuge Public Purpose: Refuge in time<br />

Russell John Reserve Trust. of flood.<br />

TANGYE Notified: 30 May 1896.<br />

(re-appointment), File No.: GF80 R 167.<br />

James Western<br />

CLARK<br />

(re-appointment),<br />

John David GOODIN<br />

(new member).<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 <strong>February</strong> 2009.<br />

SCHEDULE 4<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Christopher John New Italy Reserve No.: 140090.<br />

MORGAN Community Public Purpose: Environmental<br />

(new member), (R140090) Reserve protection and community<br />

Pamela Joy KELLY Trust. purposes.<br />

(new member). Notified: 22 September 1995.<br />

File No.: GF95 R 68.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

24 May 2006.<br />

NOTIFICATION OF CLOSING OF ROAD<br />

IN pursuance of the provisions of the Roads Act 1993, the<br />

road hereunder described is closed and the land comprised<br />

therein ceases to be a public road and the rights of passage<br />

and access the previously existed in relation to the road are<br />

extinguished. On road closing, title to the land comprising<br />

the former public road vests in the body specified in the<br />

Schedule hereunder.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister assisting the Minister for<br />

Natural Resources (Lands)<br />

Description<br />

Land District – Lismore; L.G.A. – Lismore City Council.<br />

Roads Closed: Lot 1, DP 1058345 at Lismore, Parish<br />

Lismore, County Rous.<br />

File No.: GF02 H 244.<br />

Schedule<br />

On closing, the land within Lot 1, DP 1058345, becomes<br />

vested in Lismore City Council as operational land for the<br />

purposes of the Local <strong>Government</strong> Act 1993.<br />

Councils Reference: LW:TMI:R6045.<br />

APPOINTMENT OF ADMINISTRATOR TO<br />

MANAGE A RESERVE TRUST<br />

PURSUANT to section 117, Crown Lands Act 1989, the<br />

persons specified in Column 1 of the Schedules hereunder,<br />

are appointed as administrator for the term also specified<br />

thereunder, of the reserve trusts specified opposite thereto<br />

in Column 2, which are trustee of the reserves referred to in<br />

Column 3 of the Schedules.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)


13 <strong>February</strong> 2004 OFFICIAL NOTICES 673<br />

SCHEDULE 1<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

George Jess Yorklea Public Hall Dedication No.: 540087.<br />

WAGENER. Trust. Public Purpose: Public hall.<br />

Notified: 1 October 1954.<br />

File No.: GF81 R 260.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 2<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Nigel John Cudgen Lake Round Reserve No.: 83495.<br />

GREENUP. Mountain Reserve Public Purpose: Public<br />

Trust. recreation.<br />

Notified: 6 October 1961.<br />

File No.: GF93 R 42.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 3<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Karen Gladys Cedar Point Reserve No.: 63033.<br />

HEMBROW. (R63033) Reserve Public Purpose: Public<br />

Trust. recreation.<br />

Notified: 13 November 1931.<br />

File No.: GF02 R 29.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 4<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Nigel John Cudgen Lake Boy Reserve No.: 89580.<br />

GREENUP. Scouts (R89580) Public Purpose: Boy Scouts.<br />

Reserve Trust. Notified: 5 September 1975.<br />

File No.: GF87 R 30.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 5<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Karen Gladys Kyogle (R87232) Reserve No.: 87232.<br />

HEMBROW. Reserve Trust. Public Purpose: Public<br />

recreation.<br />

Notified: 20 June 1969.<br />

File No.: GF02 R 29.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 6<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Karen Gladys Kyogle Recreation Reserve No.: 69556.<br />

HEMBROW. Area (R69556) Public Purpose: Public<br />

Reserve Trust. recreation.<br />

Notified: 27 September 1940.<br />

File No.: GF02 R 29.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 7<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Karen Gladys Old Bonalbo Reserve No.: 86567.<br />

HEMBROW. (R86567) Reserve Public Purpose: Public<br />

Trust. recreation.<br />

Notified: 22 December 1967.<br />

File No.: GF02 R 29.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

SCHEDULE 8<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Karen Gladys Bean Creek Falls Reserve No.: 86624.<br />

HEMBROW. (R86624) Reserve Public Purpose: Public<br />

Trust. recreation.<br />

Notified: 9 <strong>February</strong> 1968.<br />

File No.: GF02 R 29.<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

12 August 2004.<br />

ROADS ACT 1993<br />

ORDER<br />

Transfer of a Crown Road to a Council<br />

IN pursuance of the provisions of section 151of the Roads<br />

Act 1993, the Crown public road specified in Schedule 1 is<br />

transferred to the Roads Authority specified in Schedule 2,<br />

hereunder, as from the date of publication of this notice and<br />

as from that date the road specified in Schedule 1 cease to<br />

be a Crown public road.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

The Crown public road 20.115 metres wide bounded by<br />

Lot 194, DP 751362, Lots 11 and 12, DP 856670, Council<br />

public road of variable width (Swanlea Street), Lots 71<br />

and 72, DP 1015589, Lot 44, DP 1034436, the southern<br />

prolongation of the eastern boundary of that lot, Lot 125,<br />

DP 751362 and the Pacific Highway, Parish Clarenza, County<br />

Clarence.<br />

SCHEDULE 2<br />

Roads Authority: Grafton City Council.<br />

File No.: GF03 H 431.<br />

Councils Reference: Consent S5/94.


674 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

HAY OFFICE<br />

126 Lachlan Street (PO Box 182), Hay, <strong>NSW</strong> 2711<br />

Phone: (02) 6993 1306 Fax: (02) 6993 1135<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedule hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust board for the<br />

reserve trust specified opposite thereto in Column 2, which<br />

has been established and appointed as trustee of the reserve<br />

referred to opposite thereto in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Paul William Deniliquin Dedication No.: 550026.<br />

Andrew Racecourse Trust. Public Purpose: Racecourse<br />

MARSHALL and public recreation.<br />

(new member), Notified: 13 March 1877.<br />

Peter John ROE<br />

(new member), Dedication No.: 1000508.<br />

John Douglas Public Purpose: Racecourse<br />

MULHAM extension.<br />

(re-appointment), Notified: 10 September 1886.<br />

Robert William File No.: HY85 R 6.<br />

FARRELL<br />

(new member),<br />

James Scott<br />

McCULLOCH<br />

(re-appointment),<br />

Peter Julian JOSS<br />

(re-appointment),<br />

Allan John<br />

WALLGATE<br />

(new member),<br />

The person for the time<br />

being holding the office<br />

of THE President, Deniliquin<br />

Motor Cycle Club<br />

(ex-officio member),<br />

The person for the time<br />

being holding the office<br />

of Secretary, Deniliquin<br />

Clay Target Club<br />

(ex-officio member).<br />

Term of Office<br />

For a term commencing the date of this notice and expiring<br />

20 August 2008.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 OFFICIAL NOTICES 675<br />

MAITLAND OFFICE<br />

Cnr Newcastle Road & Banks Street (PO Box 6), East Maitland, <strong>NSW</strong> 2323<br />

Phone: (02) 4934 2280 Fax: (02) 4934 2252<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedule hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust board for the<br />

reserve trust specified opposite thereto in Column 2, which<br />

has been established and appointed as trustee of the reserve<br />

referred to opposite thereto in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Brian Keith Newcastle- Reserve No.: 95624.<br />

JONES Adamstown Racing Public Purpose: Non-Profit<br />

(re-appointment), Pigeon Society Trust. making organisations.<br />

Stanley Gordon Notified: 16 October 1981.<br />

RIPPON File No.: MD83 R 41/1.<br />

(re-appointment),<br />

Leonard Placid<br />

JOHNSTON<br />

(re-appointment).<br />

Term of Office<br />

For a term commencing this day and expiring 12 <strong>February</strong><br />

2009.<br />

ADDITION TO RESERVED CROWN LAND<br />

PURSUANT to section 88 of the Crown Lands Act 1989,<br />

the Crown Land specified in Column 1 of the Schedule<br />

hereunder, is added to the reserved land specified opposite<br />

thereto in Column 2 of the Schedule.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Gosford. Reserve No.: 78162.<br />

Local <strong>Government</strong> Area: Gosford Public Purpose: Public<br />

City Council. recreation addition.<br />

Locality: Gosford. Notified: 16 December 1955.<br />

Lot Pt 7023, DP No. 755227#, Lot 7017, DP No. 755227#,<br />

Parish Gosford, Parish Gosford,<br />

County Northumberland; County Northumberland;<br />

Lot 7021, DP No. 1020205, Lot 7018, DP No. 755227#,<br />

Parish Gosford, Parish Gosford,<br />

County Northumberland; County Northumberland;<br />

Lot 375, DP No. 755227, Lot 7019, DP No. 755227#,<br />

Parish Gosford, Parish Gosford,<br />

County Northumberland. County Northumberland;<br />

Area: 5994 square metres. Lot 7020, DP No. 755227#,<br />

File No.: MD80 R 7/1. Parish Gosford,<br />

County Northumberland;<br />

Lot 314, DP No. 755227,<br />

Parish Gosford,<br />

County Northumberland.<br />

New Area: 6.058 hectares.<br />

Note: Location of addition indicated by hatching on diagram<br />

hereunder. The effected parts of reserve 121 for public<br />

wharf, notified 26 September 1881 and reserve 92229<br />

for future public requirements, notified 24 April 1980,<br />

are hereby automatically revoked.<br />

Disclaimer: # Please note that the above Lot numbers<br />

marked # are for Departmental use only.


676 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

NOWRA OFFICE<br />

5 O’Keefe Avenue (PO Box 309), Nowra, <strong>NSW</strong> 2541<br />

Phone: (02) 4428 6900 Fax: (02) 4428 6988<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedule hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust board for the<br />

reserve trust specified opposite thereto in Column 2, which<br />

has been established and appointed as trustee of the reserve<br />

referred to opposite thereto in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

APPOINTMENT OF TRUST BOARD MEMBERS<br />

PURSUANT to section 93 of the Crown Lands Act 1989,<br />

the persons whose names are specified in Column 1 of the<br />

Schedule hereunder, are appointed, for the terms of office<br />

specified thereunder, as members of the trust board for the<br />

reserve trust specified opposite thereto in Column 2, which<br />

has been established and appointed as trustee of the reserve<br />

referred to opposite thereto in Column 3 of the Schedule.<br />

ORANGE OFFICE<br />

92 Kite Street (PO Box 2146), Orange <strong>NSW</strong> 2800<br />

Phone: (02) 6393 4300 Fax: (02) 6362 3896<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Vivianna Jane Panuara Recreation Reserve No.: 80860.<br />

HAMILTON Reserve Trust. Public Purpose: Public<br />

(re-appointment), recreation.<br />

Emma STRATTON Notified: 18 July 1958.<br />

(new member), File No.: OE80 R 324/2.<br />

Edwina CROSSING<br />

(re-appointment),<br />

Rebecca Jane<br />

WHITELEY<br />

(re-appointment).<br />

Term of Office<br />

For a term commencing 13 March 2004 and expiring<br />

12 March 2009.<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

David Anthony Candelo Dedication No.: 580106.<br />

HEFFERNAN Showground Trust. Public Purpose: Showground.<br />

(re-appointment), Notified: 19 September 1884.<br />

Susan Catherine File No.: NA80 R 295/1.<br />

PFEIFFER<br />

(new member),<br />

Tabitha ZARINS<br />

(new member),<br />

Paul Francis<br />

SLATER (new member),<br />

Sue Anne<br />

HEFFERNAN<br />

(new member),<br />

Terrence Andrew<br />

HEFFERNAN<br />

(new member),<br />

Athol William MOON<br />

(re-appointment).<br />

Term of Office<br />

For a term commencing this day and expiring 12 <strong>February</strong><br />

2009.<br />

REVOCATION OF RESERVATION OF CROWN<br />

LAND<br />

PURSUANT to section 90 of the Crown Lands Act 1989,<br />

the reservation of Crown Land specified in Column 1 of<br />

the Schedule hereunder, is revoked to the extent specified<br />

opposite thereto in Column 2 of the Schedule.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Blayney. The whole being Lot 1,<br />

Local <strong>Government</strong> Area: Blayney DP No. 123347, Parish<br />

Shire Council. Lyndhurst, County Bathurst,<br />

Locality: Lyndhurst. of an area of 2.125 hectares.<br />

Reserve No.: 84449.<br />

Public Purpose: Future public<br />

requirements.<br />

Notified: 24 May 1963.<br />

File No.: OE80 H 1896/1.


13 <strong>February</strong> 2004 OFFICIAL NOTICES 677<br />

SYDNEY METROPOLITAN OFFICE<br />

Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150<br />

(PO Box 3935), Parramatta, <strong>NSW</strong> 2124<br />

Phone: (02) 9895 7657 Fax: (02) 9895 6227<br />

APPOINTMENT OF ADMINISTRATOR TO<br />

MANAGE A RESERVE TRUST<br />

PURSUANT to section 117, Crown Lands Act 1989, the<br />

person specified in Column 1 of the Schedule hereunder,<br />

is appointed as administrator for the term also specified<br />

thereunder, of the reserve trust specified opposite thereto<br />

in Column 2, which is trustee of the reserve referred to in<br />

Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Peter William Wentworth Park Public Park No.: 500010.<br />

MANN. Sporting Complex Public Purpose: Public park.<br />

Trust. Notified: 10 November 1885.<br />

File No.: MN80 R 279/12.<br />

Term of Office<br />

For a term commencing 19 <strong>February</strong> 2004 and expiring<br />

18 August 2004.<br />

NOTIFICATION OF VESTING OF LANDS<br />

UNDER THE CROWN LANDS ACT 1989<br />

IN pursuance of the provisions of section 76 of the Crown<br />

Lands Act 1989, I, TONY KELLY, M.L.C., Minister<br />

Assisting the Minister for Natural Resources (Lands), do<br />

by this notification, vest the estate in fee simple of the lands<br />

described in the Schedule hereto as Community land, in the<br />

Randwick City Council subject to the reservation to the<br />

Crown of all minerals which said land contain.<br />

This vesting shall take effect on and from the date of<br />

publication of this notification.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

Land District – Metropolitan; City – Randwick;<br />

Parish – Alexandria; County – Cumberland.<br />

183 square metres comprising Lot 1496 in DP<br />

752011, located at Coogee (R82568 for Senior Citizen’s<br />

Centre, notified 20 May 1960, is hereby revoked by this<br />

notification).<br />

File No.: MN98 R 37.<br />

NOTIFICATION OF CLOSING OF ROADS<br />

IN pursuance of the provisions of the Roads Act 1993, the<br />

roads hereunder specified are closed and the roads cease to<br />

be public roads and the rights of passage and access that<br />

previously existed in relation to the roads are extinguished.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

Descriptions<br />

Land District – Metropolitan; L.G.A – Ku-ring-gai.<br />

Lot 20, DP 1062799 at Wahroonga, Parish Gordon, County<br />

Cumberland.<br />

File No.: MN03 H 137.<br />

Note: On closing, title for the land in Lot 20 remains vested<br />

in Ku-ring-gai Council as operational land.<br />

Land District – Metropolitan; L.G.A. – Leichhardt Council.<br />

Lot 1, DP 1049054 at Balmain, Parish Petersham (Sheet<br />

2), County Cumberland.<br />

File No.: MN02 H 62.<br />

Notes: 1] On closing, title for the land in Lot 1 remains vested<br />

in Leichhardt Council as operational land.<br />

2] The road is closed subject to the easement for<br />

electricity purposes as shown in DP 1049054.<br />

ROADS ACT 1993<br />

ORDER<br />

Transfer of a Crown Road to Council<br />

IN pursuance of the provisions of section 151, Roads Act<br />

1993, the Crown road specified in Schedule 1 is transferred<br />

to the Roads Authority specified in Schedule 2, hereunder,<br />

as from the date of publication of this notice and as from<br />

that date the road specified in Schedule 1 ceases to be a<br />

Crown road.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE 1<br />

Land District – Penrith; Local <strong>Government</strong> Area – Penrith;<br />

Parish – Melville; County – Cumberland.<br />

The part of Lenore Lane, Erskine Park extending easterly<br />

from Erskine Park Road to the western most north western<br />

corner of Lot 9, DP 253678.<br />

SCHEDULE 2<br />

Roads Authority: Penrith City Council.<br />

File No.: MN03 H 165.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


678 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

TAREE OFFICE<br />

98 Victoria Street (PO Box 440), Taree, <strong>NSW</strong> 2430<br />

Phone: (02) 6552 2788 Fax: (02) 6552 2816<br />

ASSIGNMENT OF NAME TO A RESERVE<br />

TRUST<br />

PURSUANT to Clause 4(3) of Schedule 8 to the Crown Lands<br />

Act 1989, the name specified in Column 1 of the Schedule<br />

hereunder, is assigned to the reserve trust constituted as<br />

trustee of the reserve specified opposite thereto in Column<br />

2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Bulahdelah Showground Reserve Reserve No.: 55102.<br />

(R55102) Trust. Public Purpose: Public<br />

recreation and showground.<br />

Notified: 13 January 1922.<br />

Parish: Bulahdelah.<br />

County: Gloucester.<br />

File No.: TE80 R 308.<br />

NOTIFICATION OF CLOSING OF ROADS<br />

IN pursuance of the provisions of the Roads Act 1993, the<br />

roads hereunder described are closed and the lands comprised<br />

therein cease to be public roads and the rights of passage<br />

and access that previously existed in relation to the roads<br />

are extinguished.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

Description<br />

Parish – Coweambah; County – Gloucester;<br />

Local <strong>Government</strong> Area – Great Lakes.<br />

Roads being Lots 132 and 133, DP 1056772 at Tea<br />

Gardens.<br />

File No.: TE03 H 46.<br />

Note: On closing, the land within the former road remains<br />

vested in Great Lakes Shire Council as operational<br />

land.<br />

DRAFT ASSESSMENT OF LAND UNDER PART 3 OF<br />

THE CROWN LANDS ACT 1989 AND CROWN<br />

LANDS REGULATION 2000<br />

THE Minister Assisting the Minister for Natural Resources<br />

(Lands) has prepared a draft land assessment for the Crown<br />

Lands described hereunder.<br />

Inspection of this draft assessment can be made at the<br />

Department of Lands, 98 Victoria Street, Taree and at the<br />

Offices of Hastings Shire Council during normal business<br />

hours.<br />

Representations are invited from the public on the draft<br />

assessment. These may be made in writing for a period<br />

commencing from 6 <strong>February</strong> 2004 to 6 March 2004 and<br />

should be sent to the Manager, Mid North Coast, Department<br />

of Lands, PO Box 440, Taree 2430. Telephone enquiries<br />

should be directed to the Taree Office on (02) 6552 2788.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

Description<br />

About 100 square metres of vacant Crown Land being part<br />

of the bed of the Hastings River, fronting Lot 4, DP 775534,<br />

Rawdon Island, Parish Redbank, County Macquarie.<br />

Reason: Consideration of application for licence for<br />

domestic jetty/pontoon and boat ramp fronting freehold<br />

land.<br />

Contact Officer: Mr Bob Birse.<br />

File No.: TE01 H 16.<br />

Description<br />

About 0.96 hectares of vacant Crown Land between<br />

MHWM of the Hastings River and Lots 1 to 5, section 18,<br />

Village of Sancrox, Parish Macquarie, County Macquarie.<br />

Reason: Consideration of appropriate future land use and<br />

land management options.<br />

Contact Officer: Mr Bob Birse.<br />

(File No.: TE03 H 5.<br />

DRAFT ASSESSMENT OF LAND UNDER PART 3 OF<br />

THE CROWN LANDS ACT 1989 AND CROWN<br />

LANDS REGULATION 2000<br />

THE Minister Assisting the Minister for Natural Resources<br />

(Lands) has prepared a draft land assessment for the Crown<br />

Land described hereunder.<br />

Inspection of this draft assessment can be made at the<br />

Department of Lands, 98 Victoria Street, Taree and at the<br />

Offices of Great Lakes Shire Council during normal business<br />

hours.<br />

Representations are invited from the public on the draft<br />

assessment. These may be made in writing for a period<br />

commencing from 6 <strong>February</strong> 2004 to 6 March 2004 and<br />

should be sent to the Manager, Mid North Coast, Department<br />

of Lands, PO Box 440, Taree 2430. Telephone enquiries<br />

should be directed to the Taree Office on (02) 6552 2788.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)


13 <strong>February</strong> 2004 OFFICIAL NOTICES 679<br />

Description<br />

About 0.94 hectares of vacant Crown Land being Lots 1,<br />

2, 19 and 20, section 12, DP 758177 at Bulahdelah, Parish<br />

Bulahdelah, County Gloucester.<br />

Reason: Consideration of appropriate future land use and<br />

land management options.<br />

Contact Officer: Mr Bob Birse.<br />

File No.: TE89 H 364.<br />

REVOCATION OF RESERVATION OF CROWN<br />

LAND<br />

PURSUANT to section 90 of the Crown Lands Act 1989,<br />

the reservation of Crown Land specified in Column 1 of<br />

the Schedule hereunder, is revoked to the extent specified<br />

opposite thereto in Column 2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Gloucester. The whole being Lot 7008,<br />

Local <strong>Government</strong> Area: DP 1026345, Parish Verulam,<br />

Gloucester Shire Council. County Gloucester, area 2100<br />

Locality: Barrington. square metres.<br />

Reserve No.: 210097.<br />

Public Purpose: Environmental<br />

protection .<br />

Notified: 30 December 1994.<br />

File No.: TE90 H 204.<br />

DISSOLUTION OF RESERVE TRUST<br />

PURSUANT to section 92(3) of the Crown Lands Act 1989,<br />

the reserve trust specified in Column 1 of the Schedule<br />

hereunder, which was established in respect of the reserve<br />

specified opposite thereto in Column 2 of the Schedule, is<br />

dissolved.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

The Council of Gloucester Reserve No.: 210097.<br />

(R210097) Reserve Trust. Public Purpose:<br />

Environmental protection.<br />

Notified: 30 December 1994.<br />

File No.: TE90 H 204.<br />

RESERVATION OF CROWN LAND<br />

PURSUANT to section 87 of the Crown Lands Act 1989,<br />

the Crown Land specified in Column 1 of the Schedule<br />

hereunder, is reserved as specified opposite thereto in Column<br />

2 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2<br />

Land District: Gloucester. Reserve No.: 1010008.<br />

Local <strong>Government</strong> Area: Public Purpose:<br />

Gloucester Shire Council. Environmental protection<br />

Locality: Barrington. and public recreation.<br />

Lot 7008, DP 1026345.<br />

Parish: Verulam.<br />

County: Gloucester.<br />

Area: 2100 square metres.<br />

File No.: TE04 R 5.<br />

ESTABLISHMENT OF RESERVE TRUST<br />

PURSUANT to section 92(1) of the Crown Lands Act 1989,<br />

the reserve trust specified in Column 1 of the Schedule<br />

hereunder, is established under the name stated in that<br />

Column and is appointed as trustee of the reserve specified<br />

opposite thereto in Column 2 of the Schedule.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN1 COLUMN 2<br />

Barrington Reserve Reserve No.: 1010008.<br />

(R101008) Trust. Public Purpose:<br />

Environmental protection<br />

and public recreation.<br />

Notified: This day.<br />

File No.: TE04 R 5.<br />

APPOINTMENT OF CORPORATION TO<br />

MANAGE RESERVE TRUST<br />

PURSUANT to section 95 of the Crown Lands Act 1989,<br />

the corporation specified in Column 1 of the Schedule<br />

hereunder, is appointed to manage the affairs of the reserve<br />

trust specified opposite thereto in Column 2, which is trustee<br />

of the reserve referred to in Column 3 of the Schedule.<br />

TONY KELLY, M.L.C.,<br />

Minister Assisting the Minister for<br />

Natural Resources (Lands)<br />

SCHEDULE<br />

COLUMN 1 COLUMN 2 COLUMN 3<br />

Gloucester Shire Barrington Reserve Reserve No.: 1010008.<br />

Council. (R1010008) Trust. Public Purpose :<br />

Environmental protection<br />

and public recreation.<br />

Notified: This day<br />

File No.: TE04 R 5.


680 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Department of Mineral Resources<br />

NOTICE is given that the following applications have been<br />

received:<br />

EXPLORATION LICENCE APPLICATIONS<br />

(C04-0075)<br />

No. 2282, AMCI AUSTRALIA PTY LTD (ACN 062 536<br />

270), area of 113.4 square kilometres, for Group 9, dated<br />

30 January 2004. (Armidale Mining Division).<br />

(T04-0019)<br />

No. 2283, COMET RESOURCES LIMITED (ACN 060<br />

628 202), area of 100 units, for Group 1, dated 2 <strong>February</strong><br />

2004. (Orange Mining Division).<br />

(T04-0020)<br />

No. 2284, RIMFIRE PACIFIC MINING NL (ACN 006<br />

911 744), area of 21 units, for Group 1, dated 4 <strong>February</strong><br />

2004. (Orange Mining Division).<br />

(T04-0021)<br />

No. 2285, FAR EAST CAPITAL LIMITED (ACN 068<br />

838 193), area of 131 units, for Group 1, dated 4 <strong>February</strong><br />

2004. (Sydney Mining Division).<br />

(T04-0022)<br />

No. 2286, CULLEN EXPLORATION PTY LIMITED<br />

(ACN 077 371 165), area of 48 units, for Group 1, dated<br />

5 <strong>February</strong> 2004. (Orange Mining Division).<br />

(T04-0023)<br />

No. 2287, AUZEX RESOURCES PTY LIMITED (ACN<br />

106 444 606), area of 100 units, for Group 1, dated 5 <strong>February</strong><br />

2004. (Inverell Mining Division).<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

NOTICE is given that the following applications have been<br />

granted:<br />

EXPLORATION LICENCE APPLICATIONS<br />

(T03-0842)<br />

No. 2166, now Exploration Licence No. 6186, GOLDEN<br />

DRAGON RESOURCES PTY LTD (ACN 106 269 738),<br />

County of Narromine, Map Sheets (8532 and 8533), area<br />

of 92 units, for Group 1, dated 28 January 2004, for a term<br />

until 27 January 2006.<br />

(T03-0857)<br />

No. 2178, now Exploration Licence No. 6185,<br />

SAVANNAH RESOURCES PTY LTD (ACN 096 358<br />

735), County of Wellington, Map Sheet (8732), area of 62<br />

units, for Group 1, dated 23 January 2004, for a term until<br />

22 January 2006.<br />

(T03-0872)<br />

No. 2191, now Exploration Licence No. 6187, MUDGEE<br />

STONE CO. PTY LIMITED (ACN 100 974 365), County<br />

of Wellington, Map Sheet (8832), area of 2 units, for Group<br />

2, dated 28 January 2004, for a term until 27 January 2006.<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

NOTICE is given that the following applications have been<br />

withdrawn:<br />

EXPLORATION LICENCE APPLICATION<br />

(T03-0987)<br />

No. 2245, BARRICK GOLD OF AUSTRALIA LIMITED<br />

(ACN 008 143 137), County of Clyde and County of Cowper,<br />

Map Sheet (8237). Withdrawal took effect on 4 <strong>February</strong><br />

2004.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

REFUSAL OF APPLICATION FOR RENEWAL<br />

NOTICE is given that the application for renewal in respect<br />

of the following authority has been refused:<br />

(T01-0134)<br />

Exploration Licence No. 5911, GREENSHIRE PTY<br />

LIMITED (ACN 006 790 325), County of Yancowinna,<br />

Map Sheet (7134), area of 18 units. The authority ceased to<br />

have effect on 6 <strong>February</strong> 2004.<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

PART CANCELLATIONS<br />

NOTICE is given that the following authorities have been<br />

cancelled in part:<br />

(T97-1200)<br />

Exploration Licence No. 5362, MURRAY BASIN<br />

TITANIUM PTY LTD (ACN 082 497 827), County of<br />

Perry and County of Wentworth, Map Sheets (7430, 7431<br />

and 7531).<br />

Description of area cancelled:<br />

Map Sheet Block Units<br />

Adelaide 1071<br />

Adelaide 1072<br />

Adelaide 1352 abcdefghijklmnojprstuvwxy<br />

Adelaide 1423 abcdefghijklmnojpqrstuwx<br />

Adelaide 1424 abcdef<br />

Adelaide 1495 abcdefghijklmnopqrtu<br />

Adelaide 1496 abcdefghijklmnojqrstuvw<br />

Adelaide 1568<br />

Adelaide 1641<br />

Adelaide 1281 abcdefghijklmnopqr<br />

Adelaide 1570 abcdefghijklmnopqrstuvwxyz<br />

Adelaide 1642 abcdefghijklmno<br />

Adelaide 1499 abcdefghijklmnopqrstuvw<br />

Adelaide 1427 abcdefghijklmnopqrstu<br />

Adelaide 1571 abcdefghijkl<br />

Adelaide 1142<br />

Adelaide 1284 abcdefghijklmnopqrstuvwxyz<br />

Adelaide 1356 abcdefghijklmnopqrstuvwx


13 <strong>February</strong> 2004 OFFICIAL NOTICES 681<br />

Map Sheet Block Units<br />

Adelaide 1428 abcdefghijkl<br />

Adelaide 1070<br />

Adelaide 1143<br />

Part cancellation took effect on 30 January 2004.<br />

The authority now embraces an area of 462 units.<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

TRANSFERS<br />

(C03-0680)<br />

Mining Lease No. 1529 (Act 1992), formerly held by<br />

ASHTON COAL MINES LIMITED (ACN 096 238 603)<br />

has been transferred to WHITE MINING (<strong>NSW</strong>) PTY<br />

LIMITED (ACN 089 414 595) and ICRA ASHTON PTY<br />

LTD (ACN 097 499 780). The transfer was registered on<br />

30 January 2004.<br />

(C03-0681)<br />

Mining Lease No. 1533 (Act 1992), formerly held by<br />

WHITE MINING LIMITED (ACN 009 713 893), ICRA<br />

ASHTON PTY LTD (ACN 097 499 780) and WHITE<br />

MINING (<strong>NSW</strong>) PTY LIMITED (ACN 089 414 595) has<br />

been transferred to WHITE MINING (<strong>NSW</strong>) PTY LIMITED<br />

(ACN 089 414 595) and ICRA ASHTON PTY LTD (ACN<br />

097 499 780). The transfer was registered on 30 January<br />

2004.<br />

KERRY HICKEY, M.P.,<br />

Minister for Mineral Resources<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


682 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

Roads and Traffic Authority<br />

Roads Act 1993<br />

Notice under Clause 17 of the Road Transport (Mass, Loading and Access)<br />

Regulation 1996<br />

Albury City Council, in pursuance of Division 2 of Part 3 of the Road Transport<br />

(Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and<br />

areas on or in which B-Doubles may be used subject to any requirements or<br />

conditions set out in the Schedule.<br />

Mr MARK HENDERSON,<br />

General Manager,<br />

Albury City Council<br />

(by delegation from the Minister for Roads)<br />

__________________<br />

SCHEDULE<br />

1. Citation<br />

This Notice may be cited as the Albury City Council B-Doubles Notice No 1, 2004.<br />

2. Commencement<br />

This Notice takes effect from the date of gazettal.<br />

3. Effect<br />

This Notice remains in force until 1 <strong>February</strong> 2005 unless it is amended or repealed<br />

earlier.<br />

4. Application<br />

This Notice applies to B-Doubles which comply with Schedule 1 to the Road<br />

Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road<br />

Transport (Vehicle Registration) Regulation 1998.<br />

5. Routes<br />

B-Double routes within the Albury City Council.<br />

Type Road No Road Name Starting Point Finishing Point Conditions<br />

25 000 Boronia Street Union Road Norwa Street<br />

25 000 Batten Street Boronia Street To end<br />

25 000 Nowra Street Boronia Street Union Road<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 OFFICIAL NOTICES 683<br />

Roads Act 1993<br />

Notice under Clause 17 of the Road Transport (Mass, Loading and Access)<br />

Regulation 1996<br />

Jerilderie Shire Council, in pursuance of Division 2 of Part 3 of the Road Transport<br />

(Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and<br />

areas on or in which B-Doubles may be used subject to any requirements or<br />

conditions set out in the Schedule.<br />

N:\GAZETTE\GOVERNMENT\Email\07RTA02.DOC<br />

Charles Gentner<br />

General Manager<br />

Jerilderie Shire Council<br />

(by delegation from the Minister for Roads)<br />

__________________<br />

SCHEDULE<br />

1. Citation<br />

This Notice may be cited as the Jerilderie Shire Council B-Doubles Notice No.<br />

1/2004.<br />

2. Commencement<br />

This Notice takes effect from the date of gazettal.<br />

3. Effect<br />

This Notice remains in force until 20 September 2007 unless it is amended or repealed<br />

earlier.<br />

4. Application<br />

This Notice applies to B-Doubles which comply with Schedule 1 to the Road<br />

Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road<br />

Transport (Vehicle Registration) Regulation 1998.<br />

5. Routes<br />

B-Double routes within the Jerilderie Shire Council.<br />

Type Road No Road Name Starting Point Finishing Point Conditions<br />

25 000 South Coree<br />

Road<br />

Duncans Road Mayrung Road Travel<br />

permitted only<br />

between 1<br />

November and<br />

30 May<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


684 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

ROADS ACT 1993<br />

Notice under clause 17 of the Road Transport (Mass, Loading and Access)<br />

Regulation 1996<br />

CARRATHOOL SHIRE COUNCIL, in pursuance of Division 2 of Part 3 of the Road<br />

Transport (mass, Loading and Access) Regulation 1996, by this Notice, specify the<br />

roads and road related areas on or in which Road Trains may be used subject to any<br />

requirements or conditions set out in the Schedule.<br />

PETER KOZLOWSKI<br />

General Manager<br />

Carrathool Shire Council<br />

(by delegation from the Minister for Roads)<br />

__________________<br />

SCHEDULE<br />

1. Citation<br />

This Notice may be citied as the Carrathhool Shire Road Train Notice No 1/ 2004.<br />

2. Commencement<br />

This Notice takes effect on the date of gazettal.<br />

3. Effect<br />

This Notice remains in force until 31 December 2005 unless it is amended or<br />

repealed.<br />

4. Application<br />

4.1 This Notice applies to Road Trains which comply with Schedule 1 to the Road<br />

Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the<br />

Road Transport (Vehicle Registration) Regulation 1998.<br />

5. Routes<br />

Road Train routes within the CARRATHOOL SHIRE COUNCIL.<br />

(see schedule)<br />

Type Road No Road Name Starting Point Finishing Point<br />

RT 000 Grays Road Lachlan Valley Way<br />

(MR501)<br />

Kidman Way (MR80)<br />

N:\GAZETTE\GOVERNMENT\Email\07RTA03.DOC 1<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


13 <strong>February</strong> 2004 OFFICIAL NOTICES 685<br />

ROADS ACT 1993<br />

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996<br />

Coffs Harbour City Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass,<br />

Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which<br />

B-Doubles may be used subject to any requirements or conditions set out in the Schedule.<br />

__________________<br />

SCHEDULE<br />

STEPHEN SAWTELL<br />

General Manager<br />

Coffs Harbour City Council<br />

(by delegation from the Minister for Roads)<br />

1. Citation<br />

This Notice may be cited, as the Coffs Harbour City Council B-Doubles Notice No 2/2004.<br />

2. Commencement<br />

This Notice takes effect from date of gazettal.<br />

3. Effect<br />

This Notice remains in force until 31 March 2009 unless it is amended or repealed earlier.<br />

4. Application<br />

4.1 This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport<br />

(Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road Transport (Vehicle<br />

Registration) Regulation 1998.<br />

5. Routes<br />

B-Double routes within the Coffs Harbour City Council<br />

Type Road No Road Name Starting point Finishing<br />

point<br />

25 000 Stadium Drive,<br />

Coffs Harbour<br />

25 000 Hogbin Drive,<br />

Coffs Harbour<br />

25 000 Christmas Bells<br />

Road, Coffs Harbour<br />

25 000 Hi-Tech Drive,<br />

Coffs Harbour<br />

25 000 Craft Close, Coffs<br />

Harbour<br />

Pacific Highway<br />

(SH10)<br />

Christmas Bells<br />

Road<br />

Conditions<br />

Hogbin Drive Access between 2.00 am -<br />

7.30 am only<br />

Hi-Tech Drive Access between 2.00 am -<br />

7.30 am only<br />

Hogbin Drive End Access between 2.00 am -<br />

7.30 am only<br />

Hogbin Drive End Access between 2.00 am -<br />

7.30 am only<br />

Hi-Tech Drive End Access between 2.00 am -<br />

7.30 am only<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


686 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

<br />

ROADS ACT 1993<br />

LAND ACQUISITION (JUST TERMS<br />

COMPENSATION) ACT 1991<br />

Notice of Compulsory Acquisition of Land at Prestons,<br />

Horsley Park, Eastern Creek and Kings Park in the<br />

Liverpool and Blacktown City Council areas<br />

THE Roads and Traffic Authority of New South Wales by<br />

its delegate declares, with the approval of Her Excellency<br />

the Governor, that the land described in the schedule<br />

below is acquired by compulsory process under the<br />

provisions of the Land Acquisition (Just Terms<br />

Compensation) Act 1991 for the purposes of the Roads<br />

Act 1993.<br />

T D Craig<br />

Manager, Compulsory Acquisition & Road Dedication<br />

Roads and Traffic Authority of New South Wales<br />

SCHEDULE<br />

ALL those pieces or parcels of land situated in the<br />

Liverpool and Blacktown City Council areas, Parishes of<br />

St Luke, Melville and Prospect and County of<br />

Cumberland, shown as:<br />

Lot 4 Deposited Plan 1058275, being part of the land in<br />

Certificate of Title 100/1038901 and said to be in the<br />

possession of Scotts Refrigerated Freightways Pty<br />

Limited (registered proprietor) and National Australia<br />

Bank Limited (mortgagee);<br />

Lot 3 Deposited Plan 234606, being the whole of the land<br />

remaining in Certificate of Title Volume 6518 Folio 88<br />

and said to be in the possession of Mojmir Damjanovic<br />

and the Estate of the Late Dina Damjanovic;<br />

Lots 15 and 17 Deposited Plan 1059698, being parts of<br />

the land in Certificate of Title 2/778564 and said to be in<br />

the possession of Mojmir Damjanovic, Daniel<br />

Damjanovic and Joseph Toby Damjanovic;<br />

Lots 17 and 31 Deposited Plan 1061455, being the whole<br />

of the land in Certificate of Title 343/250071 and said to<br />

be in the possession of Jon Lewis Parrish and Irma<br />

Claveria Parrish (registered proprietors) and National<br />

Australia Bank Limited (mortgagee);<br />

Lot 28 Deposited Plan 1061455, being part of the land in<br />

Certificate of Title 347/250071 and said to be in the<br />

possession of Juan Henriquez and Esmirna Henriquez<br />

(registered proprietors) and Westpac Banking Corporation<br />

(mortgagee); and<br />

Lot 27 Deposited Plan 1061455, being part of the land in<br />

Certificate of Title 348/250071 and said to be in the<br />

possession of Anthony Seman (registered proprietor) and<br />

Westpac Banking Corporation (mortgagee).<br />

(RTA Papers: FPP 2M2223)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

ROADS ACT 1993<br />

LAND ACQUISITION (JUST TERMS<br />

COMPENSATION) ACT 1991<br />

Notice of Compulsory Acquisition of Land at Rothbury<br />

in the Cessnock City Council area<br />

THE Roads and Traffic Authority of New South Wales by<br />

its delegate declares, with the approval of Her Excellency<br />

the Governor, that the land described in the schedule<br />

below is acquired by compulsory process under the<br />

provisions of the Land Acquisition (Just Terms<br />

Compensation) Act 1991 for the purposes of the Roads<br />

Act 1993.<br />

T D Craig<br />

Manager, Compulsory Acquisition & Road Dedication<br />

Roads and Traffic Authority of New South Wales<br />

__________<br />

SCHEDULE<br />

ALL that piece or parcel of land situated in the Cessnock<br />

City Council area, Parish of Rothbury and County of<br />

Northumberland, shown as Lot 26 Deposited Plan<br />

1044459, being part of the land in Certificate of Title<br />

11/801594, excluding from the compulsory acquisition of<br />

Lot 26:<br />

the easement for transmission line 60.96 wide notified in<br />

<strong>Government</strong> <strong>Gazette</strong> No 63 of 30 May 1969 on page 1958<br />

and <strong>Gazette</strong> No 52 of 14 May 1971 on pages 1553 and<br />

1554 and shown designated (C) on Deposited Plan<br />

1044459; and<br />

the easement for transmission line 60 wide notified in<br />

<strong>Government</strong> <strong>Gazette</strong> No 112 of 27 October 1972 on page<br />

4256 and shown designated (D) on Deposited Plan<br />

1044459.<br />

The land is said to be in the possession of Hunter Water<br />

Corporation (registered proprietor), Errol Investments Pty<br />

Limited (caveator) and Christopher Paul Meredith and<br />

Anthony James Meredith (claimants).<br />

(RTA Papers FPP 3M3894; RO 85.1504)


13 <strong>February</strong> 2004 OFFICIAL NOTICES 687<br />

<br />

ROADS ACT 1993<br />

Notice of Dedication of Land as Public Road<br />

at Wee Waa in the Narrabri Shire Council area<br />

THE Roads and Traffic Authority of New South Wales,<br />

by its delegate, dedicates the land described in the<br />

schedule below as public road under section 10 of the<br />

Roads Act 1993.<br />

T D Craig<br />

Manager, Compulsory Acquisition & Road Dedication<br />

Roads and Traffic Authority of New South Wales<br />

__________<br />

SCHEDULE<br />

ALL that piece or parcel of land situated in the Narrabri<br />

Shire Council area, Parish of Wee Waa, County of White,<br />

shown as Lot 2 Deposited Plan 1042875.<br />

(RTA Papers: FPP 99M5239; RO 29/319.151)<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

ROADS ACT 1993<br />

Notice of Dedication of Land as Public Road<br />

at Trangie in the Narromine Shire Council area<br />

THE Roads and Traffic Authority of New South Wales,<br />

by its delegate, dedicates the land described in the<br />

schedule below as public road under section 10 of the<br />

Roads Act 1993.<br />

T D Craig<br />

Manager, Compulsory Acquisition & Road Dedication<br />

Roads and Traffic Authority of New South Wales<br />

__________<br />

SCHEDULE<br />

ALL those pieces or parcels of land situated in the<br />

Narromine Shire Council area, Parish of Goan and County<br />

of Narromine, shown as:<br />

Lots 8 to 21 inclusive Deposited Plan 244788; and<br />

Lot 22 Deposited Plan 244789.<br />

(RTA Papers: FPP 4M615; RO 7/322.165)


688 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

ASSOCIATIONS INCORPORATION ACT 1984<br />

Transfer of Incorporation Pursuant to Section 48 (4)(a)<br />

TAKE NOTICE that the company “Transport for Christ<br />

Australia” formerly registered under the provisions of<br />

the Corporations Act 2001 is now incorporated under the<br />

Associations Incorporation Act 1984 as “Transport for Christ<br />

– Australia Incorporated” effective 9 <strong>February</strong> 2004.<br />

LINDA FULLER,<br />

Delegate of Commissioner<br />

Office of Fair Trading<br />

ASSOCIATIONS INCORPORATION ACT 1984<br />

Transfer of Incorporation Pursuant to Section 48 (4)(a)<br />

TAKE NOTICE that the company “Australia/New Zealand<br />

Chapter of Quest, J.D Edwards Users Group Limited”<br />

formerly registered under the provisions of the Corporations<br />

Act 2001 is now incorporated under the Associations<br />

Incorporation Act 1984 as “Quest Australia & New Zealand<br />

Users Group Inc” effective 9 <strong>February</strong> 2004.<br />

LINDA FULLER,<br />

Delegate of Commissioner<br />

Office of Fair Trading<br />

CHILDREN (PROTECTION AND PARENTAL<br />

RESPONSIBILITY) ACT 1997<br />

Safer Community Compact – Order<br />

I, the Honourable BOB DEBUS, Attorney General of the<br />

State of New South Wales, in pursuance of section 39 (1) of<br />

the Children (Protection and Parental Responsibility) Act<br />

1997, do, by this my Order, approve the Pittwater Crime<br />

Prevention Plan as a Safer Community Compact for the<br />

purposes of Division 3 of Part 4 of that Act.<br />

This Order takes effect on 9 <strong>February</strong> 2004 and remains<br />

in force until 8 <strong>February</strong> 2007.<br />

Signed at Sydney, this 6th day of <strong>February</strong> 2004.<br />

BOB DEBUS, M.P.,<br />

Attorney General<br />

COMPANION ANIMALS REGULATION 1999<br />

ORDER<br />

Organisations approved by the Director General under<br />

clause 17(c) of the Companion Animals Regulation 1999.<br />

PURSUANT to clause 17(c) of the Companion Animals<br />

Regulation 1999 the organisation listed in Schedule 1 is<br />

hereby approved, subject to the conditions contained in<br />

Schedule 2.<br />

SCHEDULE 1<br />

Name of Address of Name of contact<br />

organisation organisation officer for organisation<br />

Snowy P O Box 25 Ms Lorene Cross<br />

Mountains BATLOW<br />

Animal Rescue <strong>NSW</strong> 2730<br />

Team (S.M.A.R.T.)<br />

Other Notices<br />

SCHEDULE 2<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

1. The exemption under clause 17(c) of the Companion<br />

Animals Regulation 1999 from the requirements of<br />

section 9 of the Companion Animals Act 1998 only<br />

applies to an animal in the custody of an organisation<br />

listed in Schedule 1 if the organisation is holding that<br />

animal for the sole purpose of re-housing the animal with<br />

a new owner.<br />

2. The exemption under clause 17(c) of the Companion<br />

Animals Regulation 1999 from the requirements of section<br />

9 of the Companion Animals Act 1998 only applies to an<br />

animal in the custody of an organisation listed in Schedule<br />

1 if the organisation maintains appropriate records that<br />

show compliance with the Companion Animals Act 1998<br />

and Regulation 1999.<br />

3. The exemption under clause 17(c) of the Companion<br />

Animals Regulation 1999 from the requirements of<br />

section 9 of the Companion Animals Act 1998 only applies<br />

to an animal in the custody of an organisation listed in<br />

Schedule 1 if the organisation maintains a register that is<br />

made available to the Department of Local <strong>Government</strong><br />

as requested that lists the names of all carers involved in<br />

the rehoming of animals and the locations of all animals<br />

received under the exemption while in the custody of the<br />

organisation.<br />

Date: 3 <strong>February</strong> 2004.<br />

GARRY PAYNE,<br />

Director General,<br />

Department of Local <strong>Government</strong><br />

DISTRICT COURT OF NEW SOUTH WALES<br />

DIRECTION<br />

PURSUANT to section 173 of the District Court Act<br />

1973, I direct that the District Court shall sit in its criminal<br />

jurisdiction at the place and time shown as follows:-<br />

Moree 10:00am 2 <strong>February</strong> 2004 (2 weeks)<br />

In lieu of 2 <strong>February</strong> 2004 (3 weeks)<br />

Glen Innes 10:00am 16 <strong>February</strong> 2004 (3 weeks)<br />

Dated this 23rd day of January 2004.<br />

FIRE BRIGADES ACT, 1989<br />

Order under Section 5 (2)<br />

R. O. BLANCH,<br />

Chief Judge<br />

I, PROFESSOR MARIE BASHIR AC, Governor of the<br />

State of New South Wales, with the advice of the Executive<br />

Council and in pursuance of section 5 (2) of the Fire Brigades<br />

Act, 1989, do, by this my Order, vary the Order published in<br />

<strong>Government</strong> <strong>Gazette</strong> No. 90 of 5 June 1998; and reconstitute<br />

the Armidale Fire District in the following Schedule and<br />

declare that the provisions of the Fire Brigades Act shall<br />

apply to the area described in the Schedule.<br />

Signed at Sydney, this 21st day of January 2004.<br />

By Her Excellency’s Command,<br />

TONY KELLY, M.L.C.,<br />

Minister for Emergency Services


13 <strong>February</strong> 2004 OFFICIAL NOTICES 689<br />

SCHEDULE<br />

In this schedule, a reference to a local government area<br />

is a reference to that area with boundaries as at the date of<br />

publication of the Order in the <strong>Gazette</strong>.<br />

Armidale<br />

Comprising the existing Fire District in the Armidale<br />

Dumaresq Council area, with an addition and deletions as<br />

delineated on Map No. 205/03/1 kept in the office of the<br />

<strong>NSW</strong> Fire Brigades.<br />

GEOGRAPHICAL NAMES ACT 1966<br />

PURSUANT to the provisions of Section 10 of the<br />

Geographical Names Act 1966, the Geographical Names<br />

Board has this day assigned the geographical name<br />

Sydney Olympic Park Ferry Terminal in the Auburn Local<br />

<strong>Government</strong> Area.<br />

The position and the extent for this feature is recorded<br />

and shown within the Geographical Names Register of New<br />

South Wales. This information can be accessed through the<br />

Boards Web Site at www.gnb.nsw.gov.au<br />

Geographical Names Board<br />

PO Box 143 BATHURST 2795<br />

WARWICK WATKINS,<br />

Chairman<br />

GEOGRAPHICAL NAMES ACT 1966<br />

PURSUANT to the provisions of Section 8 of the<br />

Geographical Names Act 1966, the Geographical Names<br />

Board hereby notifies that it proposes to assign the names<br />

listed hereunder as geographical names.<br />

Any person wishing to make comment upon these<br />

proposals may within one (1) month of the date of this notice,<br />

write to the Secretary of the Board with that comment.<br />

Proposed Name: Royal Hospital for Women Park<br />

Designation: Reserve<br />

L.G.A.: Woollahra Municipal Council<br />

Parish: Alexandria<br />

County: Cumberland<br />

L.P.I. Map: Botany Bay<br />

1:100,000 Map: Sydney 9130<br />

Reference: GNB 4979<br />

Proposed Name: Edna Seehusen Reserve<br />

Designation: Reserve<br />

L.G.A.: Hornsby Shire Council<br />

Parish: South Colah<br />

County: Cumberland<br />

L.P.I. Map: Hornsby<br />

1:100,000 Map: Sydney 9130<br />

Reference: GNB 4974<br />

The position and the extent for these features are recorded<br />

and shown within the Geographical Names Register of New<br />

South Wales. This information can be accessed through the<br />

Board’s Web Site at www.gnb.nsw.gov.au<br />

WARWICK WATKINS,<br />

Chairperson<br />

Geographical Names Board<br />

PO Box 143 BATHURST <strong>NSW</strong> 2795<br />

HOUSING ACT 2001<br />

Notification of Compulsory Acquisition of Land<br />

THE New South Wales Land and Housing Corporation<br />

declares, with the approval of Her Excellency the Governor,<br />

that the land described in the Schedule below is acquired<br />

by compulsory process under the provisions of the Land<br />

Acquisition Act (Just Terms Compensation) Act 1991 for<br />

the purposes of the Housing Act 2001.<br />

Dated at Ashfield this 23rd day of January 2004<br />

SCHEDULE<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

TERRY BARNES,<br />

Director General<br />

The land shown as Lots 1 - 9 inclusive in Deposited Plan<br />

1059607 being land at East Nowra, in the Local <strong>Government</strong><br />

Area of Shoalhaven, Parish of Nowra, County of St Vincent,<br />

said to be in the possession of the Council of the City of<br />

Shoalhaven.<br />

LOCAL GOVERNMENT ACT 1993<br />

Shoalhaven City Water Supply Augmentation Stage 2B1<br />

Vesting of land and easement in Shoalhaven City Council<br />

THE Minister for Energy and Utilities of the State of New<br />

South Wales, declares that the land and easement described<br />

in the Schedule hereto, which were acquired for the purpose<br />

of the Shoalhaven City Water Supply Augmentation Stage<br />

2B1 Scheme are vested in Shoalhaven City Council.<br />

FRANK ERNEST SARTOR, M.P.,<br />

Minister for Energy And Utilities<br />

SCHEDULE<br />

Land<br />

Lot 9 in Deposited Plan 1001947<br />

Interest in Land<br />

Easement created by Dealing number 6322653<br />

DoC Reference 212<br />

LOCAL GOVERNMENT ACT 1993<br />

Clarence Valley and Coffs Harbour Regional Water<br />

Supply - W686<br />

Vesting of easement in Lower Clarence County Council<br />

THE Minister for Energy and Utilities of the State of New<br />

South Wales, declares that the easement described in the<br />

Schedule hereto, which was acquired for the purpose of<br />

the Clarence Valley and Coffs Harbour Regional Water<br />

Supply - W686 Scheme is vested in Lower Clarence County<br />

Council.<br />

FRANK ERNEST SARTOR, M.P.,<br />

Minister for Energy and Utilities<br />

SCHEDULE<br />

Interest in Land<br />

Easement created by dealing number 9619723<br />

(SB55424)<br />

DoC Reference 201


690 OFFICIAL NOTICES 13 <strong>February</strong> 2004<br />

NATIONAL PARKS AND WILDLIFE ACT, 1974<br />

PROCLAMATION<br />

I, Professor MARIE BASHIR, A.C., Governor of the State of<br />

New South Wales, with the advice of the Executive Council<br />

and in pursuance of the powers vested in me under Section 68<br />

of the National Parks and Wildlife Act, 1974, with the consent<br />

of every owner and occupier do, on the recommendation<br />

of the Director-General of the Department of Environment<br />

and Conservation, by this my Proclamation declare the lands<br />

described hereunder to be a wildlife refuge for the purposes<br />

of the abovementioned Act.<br />

To be known as “Eurolie Wildlife Refuge”<br />

SIGNED and SEALED at Sydney this 14th day of January<br />

2004.<br />

By Her Excellency’s Command<br />

MARIE BASHIR,<br />

Governor<br />

BOB DEBUS, M.P.,<br />

Minister for the Environment<br />

GOD SAVE THE QUEEN!<br />

Description<br />

Land District – Hay; LGA – Hay<br />

County Waradgery, Parishes Bedarbidgal, Eurolie,<br />

Killendoo, Wirkenberjal and Wilgah, about 11202 hectares,<br />

being lots 1 and 3, DP 731831, lots 33, 34, 73, 74, 91 and 92,<br />

DP 765763 and lot 7, DP 756806. NPWS 03/08661.<br />

NATIONAL PARKS AND WILDLIFE ACT, 1974<br />

NOTICE OF RESERVATION OF NATIONAL PARK<br />

I, Professor MARIE BASHIR, A.C., Governor of the State of<br />

New South Wales, with the advice of the Executive Council,<br />

reserve the land described in the Schedule below, as part of<br />

Eurobodalla National Park, under the provisions of Section<br />

30A(1) of the National Parks and Wildlife Act, 1974.<br />

SIGNED and SEALED at Sydney this 3rd day of December,<br />

2003.<br />

MARIE BASHIR, A.C.,<br />

Governor<br />

By Her Excellency’s Command<br />

BOB DEBUS, M.P.,<br />

Minister for the Environment<br />

GOD SAVE THE QUEEN!<br />

SCHEDULE<br />

Land District – Moruya; LGA – Eurobodalla<br />

County Dampier, Parish Bodalla, at Potato Point, about<br />

284 hectares, lots 75, 76, 77, 79, 80, 84, 86, 91, 120 &<br />

121 DP752131, lots 13, 20 & 21 DP837516, lots 5, 6 &<br />

7 DP1028935, lots 1 & 2 DP125457, Crown Public roads<br />

separating lot 84 DP752131 from lot 85 DP752131 and lot<br />

213 DP723108 & lot 7 DP752131 from lot 6 DP1028935,<br />

lot 1 DP125457, lot 79 DP752131, lot 80 DP752131 &<br />

lot 91 DP752131 and that part of the bed of Potato Creek<br />

separating lot 6 from lot 7 DP1028935; inclusive of Crown<br />

Public roads within lots 80, 85, 75, 76 & 77 DP752131<br />

and lot 20 DP837516, exclusive of Council Public roads<br />

and the area shown by hatching in the diagram following.:<br />

NPWS/F/2680.<br />

POISONS AND THERAPEUTIC GOODS ACT<br />

1966<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

RESTORATION OF DRUG AUTHORITY<br />

IN accordance with the provisions of clause 171(1) of the<br />

Poisons and Therapeutic Goods Regulation 2002, a direction<br />

has been issued that the order prohibiting Dr Asaad Baraz of<br />

39 Railway Parade, Lithgow 2790 from supplying or having<br />

possession of drugs of addiction as authorised by clause 101<br />

of the Regulation and issuing a prescription for a drug of<br />

addiction as authorised by clause 76 of the Regulation, for<br />

the purpose of his profession as a medical practitioner, shall<br />

cease to operate from Monday 9 <strong>February</strong> 2004.<br />

Department of Health, New South Wales.<br />

Sydney, Wednesday 4 <strong>February</strong> 2004.<br />

ROBYN KRUK,<br />

Director-General<br />

RACING ADMINISTRATION ACT 1998<br />

ORDER<br />

SPORTS BETTING<br />

I, Grant Anthony McBRIDE, Minister for Gaming and Racing,<br />

in pursuance of section 18 of the Racing Administration Act<br />

1998, hereby amend the Schedule of Sports Betting Events<br />

and Approved Forms of Betting published in the <strong>Gazette</strong><br />

of 3 January 2003, by adding Olympic Games to the list of<br />

Sporting Events or Classes of Sporting Events in respect of<br />

the following:<br />

ATHLETICS ICE HOCKEY<br />

BASEBALL MISCELLANEOUS<br />

BASKETBALL SOCCER<br />

BOXING TENNIS<br />

CYCLING TRIATHLON<br />

HOCKEY YACHT RACING<br />

Dated at Sydney this 27th day of January 2004.<br />

GRANT ANTHONY MCBRIDE, M.P.,<br />

Minister for Gaming and Racing


13 <strong>February</strong> 2004 OFFICIAL NOTICES 691<br />

RURAL FIRE ACT 1997<br />

REVOCATION OF TOTAL FIRE BAN<br />

PURSUANT to the provisions of Section 99 of the Rural<br />

Fires Act, 1997, the Total Fire Ban enforced for the:<br />

Southern Tablelands<br />

has now been revoked as at 08:00 on 12 <strong>February</strong> 2004.<br />

FREEDOM OF INFORMATION ACT, 1989<br />

Section 14 (1)(b) and (3)<br />

SUMMARY OF AFFAIRS<br />

OF THE<br />

RICHMOND VALLEY COUNCIL (DECEMBER 2003)<br />

IN accordance with Section 14(1)(b) of the Freedom of<br />

Information Act, this summary of the Statement of Affairs<br />

of the Richmond Valley Council is provided.<br />

SECTION 1 – Policy Documents<br />

The following policy documents are available in<br />

Council’s office for inspection (free of charge) or purchase<br />

as indicated:<br />

• Annual Report<br />

• Auditor’s Report<br />

• Business Papers (not including matters closed to the<br />

public)<br />

• Construction Certificate Records<br />

• Code of Conduct<br />

• Code of Meeting Practice<br />

• Corporate Plan<br />

• Development Control Plans<br />

• EEO Management Plan<br />

• Environmental Planning Instruments<br />

• Expenses and Facilities Policy<br />

• Fees and Charges (see Management Plan)<br />

• Internal Reporting Policy (for the purpose of the<br />

Protected Disclosures Act)<br />

• Investments Register.<br />

• Local Approvals Policy<br />

• Local Environmental Planning Instruments<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

• Local Orders Policy<br />

• Management Plan<br />

• Minutes of Committee Meetings (not including<br />

matters closed to the public)<br />

• Minutes of Council Meeting (not including matters<br />

closed to the public)<br />

• Occupational Health and Safety Policy<br />

• Plans of Management for Community Land (including<br />

leases/licences of public land)<br />

• Policy Register<br />

• Pricing Policy<br />

• Return of Interests (Councillors, designated persons<br />

and delegates)<br />

• Revenue Policy (see Management Plan)<br />

• Section 94 Contributions Plans<br />

• State of the Environment Report<br />

• Statement of Affairs<br />

• Summary of Affairs<br />

• Subdivision Code<br />

• Tendering Policy<br />

Copies of these documents may be purchased at a cost of<br />

$0.55 per page (minimum charge $2.00).<br />

SECTION 2 – Statement of Affairs<br />

The most recent Statement of Affairs of the Council is that<br />

for June 2003. Copies may be purchased from Council at a<br />

cost of $0.55 per page (minimum charge $2.00).<br />

SECTION 3 – ENQUIRIES<br />

Any Freedom of Information inquiries concerning the<br />

Council’s activities should be directed to:<br />

Mr WS Halcrow<br />

Public Officer<br />

Richmond Valley Council<br />

98 Walker Street<br />

(Locked Bag 10)<br />

CASINO <strong>NSW</strong> 2470<br />

Telephone: (02) 66600312<br />

Facsimile: (02) 66625198<br />

The Council’s office hours are 8.00am to 4.30pm (Monday<br />

to Friday).


692 TENDERS 13 <strong>February</strong> 2004<br />

TENDERS<br />

Department of Commerce<br />

SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE<br />

Information in relation to the Department of Commerce proposed, current and awarded<br />

tenders is available on:<br />

http://www.tenders.nsw.gov.au<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


cmSolutions’<br />

Warehousing and<br />

Inventory Management<br />

• Customised business document warehousing<br />

and inventory management!<br />

• Reports and stocktake of your documents!<br />

• Common use government forms!<br />

Contact Customer Service on:<br />

02 9743 8777<br />

www.cms.dpws.nsw.gov.au


The new edition of the<br />

Australian Road Rules<br />

is now available!<br />

Copies can be purchased from cmSolutions.<br />

Ask for Fast Forms’ Customer Service on<br />

02 9743 8777


13 <strong>February</strong> 2004 PRIVATE ADVERTISEMENTS 693<br />

PRIVATE ADVERTISEMENTS<br />

COUNCIL NOTICES<br />

COOTAMUNDRA SHIRE COUNCIL<br />

Roads Act 1993, Section 162<br />

Renaming of Public Roads – Cootamundra Shire<br />

NOTICE is hereby given that Council pursuant to section<br />

162 of the Roads Act 1993, has renamed the following<br />

roads in the Cootamundra Shire<br />

Description Name<br />

The road previously known as Old Cootamundra<br />

Old Temora Road from MR 235 Road.<br />

to Junee Shire Boundary.<br />

The road previously known as Grogan Road.<br />

Grogan Road from MR84 to<br />

Temora Shire Boundary.<br />

The road previously known as Milvale Road.<br />

Milvale Road from Grogan Road<br />

to Young Shire Boundary.<br />

The road previously known as Stockinbingal<br />

Cootamundra-Stockinbingal Road Road.<br />

from Cootamundra to Stockinbingal.<br />

The road previously known as Jugiong Road.<br />

Jugiong Road from MR87 to<br />

Old Gundagai Road.<br />

The road previously known as Rosehill Road.<br />

Jugiong Road from Old Gundagai<br />

Road to Harden Shire Boundary.<br />

The road previously known as Beggan Beggan<br />

Jugiong Road/Rosehill-Harden Road Road.<br />

from Rosehill Road to Harden Shire<br />

Boundary.<br />

The road previously known as Brawlin Road.<br />

Yammatree Road from MR87 to<br />

Gundagai Shire Boundary.<br />

The road previously known as Mabereen Lane.<br />

Greens Lane/Yannawah.<br />

The road previously known as Boundary Road.<br />

Boundary Road/South Berthong<br />

Road.<br />

New road Dickinson’s Subdivision Gilgal Road.<br />

off Boundary Road.<br />

The road previously known as Kilrush Road.<br />

Cullinga Road from town boundary<br />

to Old Gundagai Road.<br />

The road previously known as Cullinga Road.<br />

Cullinga Road from Old Gundagai<br />

Road to MR78.<br />

Gundagai Road from Cootamundra Muttama Road.<br />

to Coolac.<br />

New road off Back Brawlin Road. Ross Friend<br />

Place.<br />

These naming will take effect from 1 <strong>February</strong> 2004. S. T.<br />

GODBEE, General Manager, Cootamundra Shire Council,<br />

PO Box 420, Cootamundra, <strong>NSW</strong> 2590. [0087]<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

NORTH SYDNEY COUNCIL<br />

Roads Act 1993<br />

NOTICE is given pursuant to Part 2, section 10 of the<br />

Roads Act 1993, that the land described in the Schedule<br />

hereunder is hereby dedicated as public road. Authorised<br />

by resolution of Council at its meeting of 1 September<br />

2003. PENNY HOLLOWAY, General Manager, North<br />

Sydney Council, 200 Miller Street, North Sydney, <strong>NSW</strong><br />

2060.<br />

Schedule<br />

Lot 1, DP 616826, Olive Lane, Neutral Bay; Lot 3, DP<br />

616826, Yeo Street, Neutral Bay. [0095]<br />

RIVERINA WATER COUNTY COUNCIL<br />

Local <strong>Government</strong> Act 1993, Section 553<br />

Extension of Watermains<br />

NOTICE is hereby given pursuant to section 553 of the<br />

Local <strong>Government</strong> Act 1993, that Riverina Water County<br />

Council’s water mains have been extended to service the<br />

lands described hereunder:<br />

Glenoak Stage 2 – Burgan Drive: From the existing main<br />

along Indigo Drive, eastwards along Burgan Drive to the<br />

southwestern corner of Lot 38. Drawing No.: 1-2998.<br />

Tatton Hills Sub. Stage 3 – Fiztroy Street, Namoi Street:<br />

From the existing main along Fitzroy Street, southwards<br />

eastward and northwards along the extension of Fitzroy<br />

Street to the intersection of Namoi Street. Also, from the<br />

existing main along Fitzroy Street, westwards along Namoi<br />

Street to the existing main along Tamar Drive. Drawing<br />

No.: 1-2939.<br />

Lake Albert – Craft Street: From the existing main<br />

along Craft Street at the southwestern corner of Lot 6,<br />

section 8, DP 758594, westward along Craft Street to the<br />

existing main at the intersection of Rowe and Craft Streets.<br />

Drawing No.: 2-1873.<br />

Brucedale – Old Narrandera Road west of Millwood<br />

Road: From the existing main at the intersection of<br />

Millwood and Old Narrandera Roads, westward along<br />

Old Narrandera Road to the north-eastern corner of Lot<br />

19, DP 750832. Drawing No.: 3-2559-5.<br />

Brucedale – Mary Gilmore Road: From the existing main<br />

along Mary Gilmore Road, eastwards along Mary Gilmore<br />

Road from Lot 7, DP 248221 to the southwestern corner<br />

of Lot 2, DP 585996. Drawing No.: 3-2025.<br />

Brucedale – Alleynside Road: From the existing main<br />

along Alleynside Road, northeastwards and northwards<br />

along Alleynside Road to the southwestern corner of Lot<br />

1, DP 711498. Drawing No.: 3-2180.<br />

Henty – Yankee Crossing Road: From the existing main<br />

at the southern end of Forth Street, southwards along Forth<br />

Street to the intersection of Forth Street and Yankee<br />

Crossing Road, and eastwards along Yankee Crossing<br />

Road to the south western corner of Lot 5, DP 813417.<br />

Drawing No.: 3-2180.


694 PRIVATE ADVERTISEMENTS 13 <strong>February</strong> 2004<br />

Hilltop Sub. Stage 4B – Waverley Place: From the<br />

existing main along Waverley Place, eastwards and<br />

southeastwards along Waverley Place to the south eastern<br />

corner of Lot 26. Drawing No.: 1-2749-3.<br />

Turvey Park Stage 1 – Adjin Street, Wren Street, Jack<br />

Avenue, Rosella Place: From the existing main along<br />

Wren Street, southward along Adjin Street to the existing<br />

main at the end of Adjin Street. From the new main at<br />

the intersection of Adjin Street and Jack Avenue, eastward<br />

along Jack Avenue to the north western corner of Lot 23.<br />

From the new main at the intersection of Jack Avenue and<br />

Rosella Place, southwards along Rosella Place to the south<br />

east corner of Lot 9. Drawing No.: 1-2999.<br />

Bourkelands Stage 15 – Brooklyn Drive, Kyalla Place,<br />

Merong Place: From the existing main along Brooklyn<br />

Drive, southwards along Brooklyn Drive to connect to an<br />

existing main also along Brooklyn Drive. From the new<br />

main at the intersection of Brooklyn Drive and Kyalla<br />

Place, eastward along Kyalla Place to the southwestern<br />

corner of Lot 14. From the new main at the intersection of<br />

Brooklyn Drive and Merong Place, eastward along Merong<br />

Place to the southwestern corner of Lot 6. Drawing No.:<br />

1-2876.<br />

Tatton Hills Sub. Stage 4 – Monaro Court: From the<br />

existing main along Monaro Court, westward along Monaro<br />

Court to the road intersection, then southwards along<br />

Monaro Court to the southeastern corner of Lot 11 and<br />

also northwards along Monaro Court to the northeastern<br />

corner of Lot 22. Drawing No.: 1-2738.<br />

Bourkes Creek Road Rural Mains Extension 3660834:<br />

From the existing main along Olympic Highway,<br />

southwards along Bourkes Creek Road to Lot 109, DP<br />

PARRAMATTA CITY COUNCIL<br />

Local <strong>Government</strong> Act 1993, Section 713<br />

Sale of Land for Overdue Rates<br />

754563 and from the new main along Bourkes Creek<br />

Road, eastward along a laneway to Lot 50, DP 754563.<br />

Drawing No.: 3-3000.<br />

The owners of all lands within the prescribed distance will<br />

be liable for water supply charges as from the expiration<br />

of twenty-one (21 days) after the publication of this notice,<br />

or the date of connection of the properties to the water<br />

main, whichever is the earlier date. G. W. PIEPER, General<br />

Manager, Riverina Water County Council, PO Box 456,<br />

Wagga Wagga. <strong>NSW</strong> 2650. [0091]<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

SHOALHAVEN CITY COUNCIL<br />

Roads Act 1993, Section 10<br />

Dedication of Land as Public Road<br />

NOTICE is hereby given that the Council of the City of<br />

Shoalhaven at its meeting of 26 October 1999, Minute<br />

No. 1973, resolved to acquire land for road purposes, part<br />

North Brooman State Forest. The land as described in the<br />

Schedule below has been acquired and is hereby dedicated<br />

as Council Public Road pursuant to section 10 of the Roads<br />

Act 1993. R. D. PIGG, General Manager, Shoalhaven City<br />

Council, Bridge Road (PO Box 42), Nowra, <strong>NSW</strong> 2541.<br />

File 1367.<br />

Schedule<br />

Lots 1 and 2 in Deposited Plan 874571, Parishes of Boyne<br />

and Termeil, County of St Vincent. [0093]<br />

NOTICE is hereby given to the persons named hereunder that the Council of the City of Parramatta has resolved in<br />

pursuance of sections 713 and 715 of the Local <strong>Government</strong> Act 1993, to sell the land described hereunder of which<br />

the persons named appear to be the owners or in which they appear to have an interest and on which the amount of<br />

rates stated as at the 19 December 2002, is due:<br />

Owners or persons Description of Amount of Amount of all Total<br />

having an interest in the Land Rates other rates<br />

land (including extra (including extra<br />

charges) overdue charges) due<br />

for more than in arrears<br />

five (5) years<br />

(a) (b) (c) (d) (e)<br />

Denise Margaret PULIS Lots 6 and 19, SP 4079 known $1,523.86 $6,129.61 $7,653.47<br />

as 6/12 Early Street, Parramatta<br />

In default of payment to the Council of the amount stated in Column (e) above and any other rates (including extra<br />

charges) becoming due and payable after publication of this notice, or an arrangement satisfactory to the Council for<br />

the payment of all such rates being entered into by the rateable person, before the time fixed for sale, the said land<br />

will be offered for sale by public auction by Raine & Horne Parramatta at the Parramatta Riverside Theatres, 353C<br />

Church Street, Parramatta on Monday, 17 May 2004, at 7:00 p.m. If any person claims an interest in the property,<br />

the subject of this Notice, they should forward to R. Wenzel of Council’s Rates & Property Section (Telephone: (02)<br />

9806 5431), details of their claim for consideration by Council. Dated at Parramatta 9 <strong>February</strong> 2004. GENERAL<br />

MANAGER, Parramatta City Council, 30 Darcy Street, Parramatta, <strong>NSW</strong> 2124. [0092]


13 <strong>February</strong> 2004 PRIVATE ADVERTISEMENTS 695<br />

ESTATE NOTICES<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of VORN BEDE<br />

WAPLES late of Toukley, in the State of New South<br />

Wales, retired bricklayer, who died on 7 October 2003,<br />

must send particulars of his claim to the executor, Peter<br />

Vorn Waples, c.o. John G Burton & Associates, Solicitors,<br />

16 Adelaide Street, East Gosford, <strong>NSW</strong> 2250, within one<br />

(1) calendar month from publication of this notice. After<br />

that time the executor may distribute the assets of the<br />

estate having regard only to the claims of which at the time<br />

of distribution he has notice. Probate was granted in New<br />

South Wales on 19 December 2003. JOHN G BURTON<br />

& ASSOCIATES, Solicitors, 16 Adelaide Street, East<br />

Gosford, <strong>NSW</strong> 2250 (DX7263 Gosford), tel.: (02) 4323<br />

4899. Reference: JGB:MK. [0072]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of PATRICIA ROSE<br />

WESTWOOD late of 2/125 Trafalgar Avenue, Umina, in<br />

the State of New South Wales, pensioner, who died on<br />

8 November 2003, must send particulars of the claim to<br />

the executrix, Dianne Carina Winn, c.o. Gary Cleary &<br />

Associates, Solicitors, 1/299 Brisbane Water Drive, West<br />

Gosford, <strong>NSW</strong> 2250, within one (1) calendar month from<br />

publication of this notice. After that time the assets of the<br />

estate and the property may be conveyed and distributed<br />

having regard only to the claims of which at the time<br />

of conveyance or distribution the executrix has notice.<br />

Probate was granted in New South Wales on 16 January<br />

2004. GARY CLEARY & ASSOCIATES, Solicitors, 1/299<br />

Brisbane Water Drive (PO Box 6), West Gosford, <strong>NSW</strong><br />

2250, tel.: (02) 4324 5999. [0074]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of RICHARD JOHN<br />

MITCHELL DELANEY late of Bethany Nursing Home,<br />

Eastwood, in the State of New South Wales, manager,<br />

who died on 23 October 2003, must send particulars of<br />

his/her claim to the executrix, Megan Dorothy Halliburton,<br />

c.o. Collins & Thompson, Solicitors, 8 Coronation Street,<br />

Hornsby, <strong>NSW</strong> 2077, within one (1) calendar month from<br />

publication of this notice. After that time the assets of<br />

the estate may be conveyed and distributed having regard<br />

only to the claims of which at the time of distribution the<br />

executrix has notice. Probate was granted in New South<br />

Wales on 30 January 2004. COLLINS & THOMPSON,<br />

Solicitors, 8 Coronation Street, Hornsby, <strong>NSW</strong> 2077 (PO<br />

Box 455, Hornsby 1630), (DX9691, Hornsby), tel.: (02)<br />

9476 2788. Reference: DJT:JC:85818. [0075]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of ANTONIA BREEN<br />

late of 22 Cowper Circle, Quakers Hill, in the State of New<br />

South Wales, home duties, who died on 24 October 2003,<br />

must send particulars of his/her claim to the executrix,<br />

Sally Ann Breen-Cutter (in the will also known as Sally<br />

Ann Cutter), c.o. Low Doherty & Stratford, Solicitors,<br />

9 Campbell Street, Blacktown, <strong>NSW</strong> 2148, within one<br />

(1) calendar month from publication of this notice. After<br />

that time the assets of the estate may be conveyed and<br />

distributed having regard only to the claims of which at<br />

the time of distribution the executrix has notice. Probate<br />

was granted in New South Wales on 14 January 2004.<br />

LOW DOHERTY & STRATFORD, Solicitors, 9 Campbell<br />

Street (PO Box 147), Blacktown, <strong>NSW</strong> 2148 (DX8109,<br />

Blacktown), tel.: (02) 9622 4644. Reference: GPD:SC.<br />

[0080]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of HILDA MARY LAWN<br />

late of Albert Road, Strathfield, in the State of New South<br />

Wales, home duties, who died on 13 July 2003, must send<br />

particulars of his/her claim to the executors, Marie Myers<br />

and Patricia Therese Wilson, c.o. C. P. White & Sons<br />

(Burwood), Solicitors, 15 Belmore Street, Burwood, <strong>NSW</strong><br />

2134, within one (1) calendar month from publication of<br />

this notice. After that time the executors may distribute<br />

the assets of the estate having regard only to the claims of<br />

which at the time of distribution they have notice. Probate<br />

was granted in New South Wales on 17 November 2003. C.<br />

P. WHITE & SONS (BURWOOD), Solicitors, 15 Belmore<br />

Street, Burwood, <strong>NSW</strong> 2134 (PO Box 36, Burwood 1805)<br />

(DX8550, Burwood), tel.: (02) 9744 2198. [0081]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of ELSIE MAUD<br />

KEENAN late of Westmead, in the State of New South<br />

Wales, widow, who died on 8 November 2003, must<br />

send particulars of his claim to the executor, c.o. Rees<br />

& Tuckerman, Solicitors, 678 Pittwater Road, Brookvale,<br />

<strong>NSW</strong> 2100, within one (1) calendar month from publication<br />

of this notice. After that time the executor may distribute<br />

the assets of the estate having regard only to the claims<br />

of which at the time of distribution he has notice. Probate<br />

was granted in New South Wales to Nola Beverley Joyce<br />

Therese Monica Croft on 2 <strong>February</strong> 2004. REES &<br />

TUCKERMAN, Solicitors, 678 Pittwater Road (PO Box<br />

34), Brookvale, <strong>NSW</strong> 2100 (DX831, Sydney), tel.: (02)<br />

9905 1469. [0082]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of DANIEL VUCETICH<br />

late of Dee Why, in the State of New South Wales, retired<br />

market gardener, who died on 11 September 2003, must<br />

send particulars of his claim to the executor, c.o. Rees<br />

& Tuckerman, Solicitors, 678 Pittwater Road, Brookvale,<br />

<strong>NSW</strong> 2100, within one (1) calendar month from publication<br />

of this notice. After that time the executor may distribute<br />

the assets of the estate having regard only to the claims of<br />

which at the time of distribution he has notice. Probate was<br />

granted in New South Wales to Daniel Terence Vucetich on<br />

26 November 2003. REES & TUCKERMAN, Solicitors,<br />

678 Pittwater Road (PO Box 34), Brookvale, <strong>NSW</strong> 2100<br />

(DX831, Sydney), tel.: (02) 9905 1469. [0083]<br />

NOTICE of intended distribution of estate.—Any<br />

person having any claim upon the estate of WALLACE<br />

FREDERICK HASSETT late of 88 Lunch Street, Adelong,<br />

in the State of New South Wales, club manager, who died<br />

on 25 August 2003, must send particulars of his/her claim<br />

to the executrix, Nita Miriam Hassett, c.o. Low Doherty &<br />

Stratford, Solicitors, 9 Campbell Street, Blacktown, <strong>NSW</strong><br />

2148, within one (1) calendar month from publication of<br />

this notice. After that time the assets of the estate may<br />

be conveyed and distributed having regard only to the<br />

claims of which at the time of distribution the executrix<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


696 PRIVATE ADVERTISEMENTS 13 <strong>February</strong> 2004<br />

has notice. Probate was granted in New South Wales on<br />

22 January 2004. LOW DOHERTY & STRATFORD,<br />

Solicitors, 9 Campbell Street (PO Box 147), Blacktown,<br />

<strong>NSW</strong> 2148 (DX8109, Blacktown), tel.: (02) 9622 4644.<br />

Reference: DGL:AD. [0084]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of ELAINE CARMEN<br />

ALEXANDER late of 132 Kingsgrove Road, Kingsgrove,<br />

in the State of New South Wales, who died on 22 June<br />

2003, must send particulars of this claim to the executors,<br />

Phillip Nicholas Alexander and Richard Kent Alexander,<br />

c.o. Denis M. Anderson, Solicitor, 10 Regent Street,<br />

Kogarah, <strong>NSW</strong> 2217, within one (1) calendar month from<br />

publication of this notice. After that time the executors<br />

may distribute the assets of the estate having regard only<br />

to the claims of which at the time of distribution they<br />

have notice. Probate was granted in New South Wales on<br />

15 December 2003. DENIS M. ANDERSON, Solicitor, 10<br />

Regent Street, Kogarah, <strong>NSW</strong> 2217 (PO Box 148, Kogarah<br />

1485), tel.: (02) 9587 0440. Reference: DA.AM. [0085]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of JAMES AUSTIN<br />

SPENCER COOPER late of Kincum, in the State of New<br />

South Wales, retired, who died on 24 November 2003,<br />

must send particulars of his claim to the executor, John<br />

Darryll Turnell, c.o. Peninsula Law, Solicitors, 103-105<br />

Blackwall Road, Woy Woy, <strong>NSW</strong> 2256, or their agents<br />

Turner Whelan, Solicitors, Level 2, 162 Goulburn Street,<br />

Sydney, <strong>NSW</strong> 2000, within one (1) calendar month from<br />

publication of this notice. After that time the assets may<br />

be conveyed and distributed having regard only to the<br />

claims of which at the time of distribution he has notice.<br />

Probate was granted in New South Wales on 2 <strong>February</strong><br />

2004. PENINSULA LAW, Solicitors, 103-105 Blackwall<br />

Road (PO Box 162), Woy Woy, <strong>NSW</strong> 2256 (DX8806, Woy<br />

Woy), tel.: 4342 1111. Reference: JDT:JL:6552. [0086]<br />

NOTICE of intended distribution of estate.—Any person<br />

having any claim upon the estate of THI KHUYNH NGO<br />

late of Newtown, in the State of New South Wales, who<br />

died on 27 March 2003, must send particulars of his claim<br />

to the executors, Hien Uoi Lam, Hien Hue Lam and Hein<br />

Khi Lam, c.o. M. Duncan & Associates, Lawyers, 39/61-89<br />

Buckingham Street, Surry Hills, <strong>NSW</strong> 2012, within one<br />

(1) calendar month from publication of this notice. After<br />

that time the executors may distribute the assets of the<br />

estate having regard only to the claims of which at the<br />

time of distribution they had notice. Probate was granted<br />

in New South Wales on 29 October 2003. M. DUNCAN<br />

& ASSOCIATES, Lawyers, 39/61-89 Buckingham Street,<br />

Surry Hills, <strong>NSW</strong> 2012 (PO Box 70, Strawberry Hills,<br />

2012), tel.: (02) 9699 9877. Reference: md/N4547B.<br />

[0090]<br />

NOTICE of intended distribution of estate.—Any<br />

person having any claim upon the estate of STOYA<br />

MASLOVARA late of Kings Langley, in the State of<br />

New South Wales, widow, who died on 7 October 2003,<br />

must send particulars of his/her claim to the executor,<br />

Milica Povey, c.o. Maclarens, Solicitors, 232 Merrylands<br />

Road, Merrylands, <strong>NSW</strong> 2160, within one (1) calendar<br />

month from publication of this notice. After that time<br />

the assets of the estate may be conveyed and distributed<br />

having regard only to the claims of which at the time of<br />

distribution the executor has notice. Probate was granted<br />

in New South Wales on 21 January 2004. MACLARENS,<br />

Solicitors, 232 Merrylands Road, Merrylands, <strong>NSW</strong> 2160<br />

(DX25406, Merrylands), tel.: (02) 9682 3777. Reference:<br />

DJH:NF:20046239. [0094]<br />

COMPANY NOTICES<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

NOTICE of voluntary liquidation.—WERRINGHILL PTY<br />

LIMITED, ACN 001 344 010 (in voluntary liquidation).—<br />

Notice is hereby given pursuant to the Corporations Law<br />

that at a general meeting of members, duly convened<br />

and held at the offices of Messrs Pringle Moriarty &<br />

Co., Chartered Accountants, Suite 12C, 44 Oxford Road,<br />

Ingleburn, <strong>NSW</strong> 2565, on Thursday at 11:00 a.m., the<br />

following resolution was passed as a special resolution:<br />

“That the company be wound up voluntarily and that<br />

Stanley Moriarty be appointed liquidator for the purposes<br />

of the winding up”. STANLEY MORIARTY, Liquidator,<br />

c.o. Pringle Moriarty & Co., Chartered Accountants, Suite<br />

12C, 44 Oxford Road (PO Box 818), Ingleburn, <strong>NSW</strong><br />

2565, tel.: (02) 9605 1344. [0076]<br />

NOTICE of voluntary liquidation.—SAINT GEORGE<br />

STARR-BOWKETT CO-OPERATIVE SOCIETY No. 19<br />

SECTION LIMITED (in voluntary liquidation), Registered<br />

Office: 43 Enmore Road, Newtown, <strong>NSW</strong> 2042.—Notice is<br />

hereby given that a special meeting of the abovementioned<br />

society will be held at the Society’s Office, 43 Enmore<br />

Road, Newtown, <strong>NSW</strong> 2042, on Thursday, 4 March 2004,<br />

at 10:00 a.m., for the purpose of having an account laid<br />

before it showing the manner in which the winding up has<br />

been conducted and the property of the society disposed<br />

of and of hearing any explanation which may be given by<br />

the liquidator. Dated at Newtown this 5th day of <strong>February</strong><br />

2004. N. ANDERSON, Liquidator, c.o. Saint George Starr-<br />

Bowkett Co-operative Society No. 19 Section Limited, 43<br />

Enmore Road (PO Box 395), Newtown, <strong>NSW</strong> 2042, tel.:<br />

(02) 9557 1898. [0077]<br />

NOTICE convening final meeting of members.—SUNNY<br />

RIDGE (CHAROLAIS) PTY LIMITED, ACN 008 477<br />

209 (in liquidation).—Notice is hereby given pursuant<br />

to section 509 of the Corporations Act 2001, that a final<br />

general meeting of members of the abovenamed company<br />

will be held at the offices of David B Dickson & Co.,<br />

Chartered Accountants, 8th Floor, 10 Spring Street,<br />

Sydney, <strong>NSW</strong> 2000, on 10 March 2004 at 10:00 a.m.,<br />

for the purpose of having an account laid before them<br />

showing the manner in which the winding up has been<br />

conducted and the property of the company disposed of<br />

and of hearing any explanation that may be given by the<br />

liquidator. Dated this 4th day of <strong>February</strong> 2004. DAVID<br />

B DICKSON, F C A Liquidator, c.o. David B Dickson &<br />

Co., Chartered Accountants, 8th Floor, 10 Spring Street,<br />

Sydney, <strong>NSW</strong> 2000 (GPO Box 3777, Sydney, <strong>NSW</strong> 2001),<br />

tel.: (02) 9221 7566. [0078]<br />

NOTICE of member’s voluntary winding up.—PERIFF<br />

PTY LIMITED, ACN 003 790 252.—Notice is hereby<br />

given that in accordance with section 495 of the<br />

Corporations Law at an extraordinary general meeting


13 <strong>February</strong> 2004 PRIVATE ADVERTISEMENTS 697<br />

of the abovementioned company held on the 27 January<br />

2004, the following was passed as a special resolution:<br />

“That the company be wound up and that Graham George<br />

Gunn, Chartered Accountant, 64 Tennyson Road, Mortlake<br />

<strong>NSW</strong>, be appointed liquidator for the purpose of winding<br />

up.” Dated this 10th day of <strong>February</strong> 2004. GRAHAM<br />

GEORGE GUNN, Liquidator, c.o. Graham G Gunn & Co,<br />

PO Box 554, Concord, <strong>NSW</strong> 2137. [0088]<br />

NOTICE of member’s voluntary winding up.—BURDEN<br />

BROS PTY LIMITED, ACN 000 260 935.—Notice is<br />

hereby given that in accordance with section 495 of the<br />

Corporations Law at an extraordinary general meeting<br />

of the abovementioned company held on the 29 January<br />

2004, the following was passed as a special resolution:<br />

“That the company be wound up and that Graham George<br />

Gunn, Chartered Accountant, 64 Tennyson Road, Mortlake<br />

<strong>NSW</strong>, be appointed liquidator for the purpose of winding<br />

up.” Dated this 10th day of <strong>February</strong> 2004. GRAHAM<br />

GEORGE GUNN, Liquidator, c.o. Graham G Gunn & Co,<br />

PO Box 554, Concord, <strong>NSW</strong> 2137. [0073]<br />

OTHER NOTICES<br />

NOTICE of dissolution of partnership.—MORGAN<br />

LEWIS ALTER.—On 24 December 2003, the partnership<br />

of Morgan Lewis Alter constituted by Paul Mervyn<br />

Fordyce, Peter Maurice Alter, Leslie Lewis and Mark<br />

Edward James Morgan was dissolved. PAUL FORDYCE,<br />

c.o. PMF Legal, Level 9, 135 King Street, Sydney, <strong>NSW</strong><br />

2000, tel.: (02) 9221 9888. [0079]<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<br />

ENERGY AUSTRALIA<br />

Electricity Supply Act 1995<br />

Land Acquisition (Just Terms Compensation) Act 1991<br />

Notice of Compulsory Acquisition of Land<br />

Nulkaba<br />

ENERGY AUSTRALIA declares, with the approval of Her<br />

Excellency the Governor and the Executive Council, that<br />

the land described in Schedule 1 of this notice is acquired<br />

by compulsory process in accordance with the provisions<br />

of the Land Acquisition (Just Terms Compensation) Act<br />

1991, for the purposes of the Electricity Supply Act<br />

1995.<br />

Dated at Sydney this 4th day of <strong>February</strong> 2004.<br />

SIGNED, SEALED and DELIVERED for and on behalf<br />

of Energy Australia by GRANT KENNETH GREENE-<br />

SMITH its duly constituted Attorney pursuant to Power of<br />

Attorney registered Book 4368 No. 61 who declares that<br />

he holds the position set out beneath his signature<br />

KEN GRANT,<br />

Manager – Property Portfolio.<br />

Schedule 1<br />

WARWICK WEEKLEY,<br />

Witness.<br />

All that piece or parcel of land at Nulkaba in the Local<br />

<strong>Government</strong> Area of Cessnock, Parish of Pokolbin, County<br />

Northumberland and State of New South Wales being Lot<br />

101 shown in Deposited Plan number 803192. [0089]


698 PRIVATE ADVERTISEMENTS 13 <strong>February</strong> 2004<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35


699<br />

<strong>Government</strong> <strong>Gazette</strong><br />

OF THE STATE OF<br />

NEW SOUTH WALES<br />

Number 36<br />

Friday, <strong>13th</strong> <strong>February</strong> 2004<br />

Published under authority by cmSolutions<br />

PUBLIC SECTOR NOTICES<br />

CHIEF EXECUTIVE SERVICE<br />

APPOINTMENT UNDER SECTION 12<br />

THE Director-General, Premier's Department, under<br />

delegation from the Premier and pursuant to the provisions of<br />

section 12 of the Public Sector Employment and Management<br />

Act 2002, has approved that the following officer be appointed<br />

to the chief executive service position shown, effective from<br />

the date shown within the brackets:<br />

Department of Education and Training<br />

Andrew CAPPIE-WOOD, Director-General [9 <strong>February</strong><br />

2004].


700 PUBLIC SECTOR NOTICES 13 <strong>February</strong> 2004<br />

Authorised to be printed<br />

ISSN 0155-6320 R. J. MILLIGAN, <strong>Government</strong> Printer.<br />

NEW SOUTH WALES GOVERNMENT GAZETTE No. 36


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