13th February - Government Gazette - NSW Government
13th February - Government Gazette - NSW Government
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 />
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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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(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 />
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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 />
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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 />
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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 />
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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 />
NEW SOUTH WALES GOVERNMENT GAZETTE No. 32
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 />
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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 />
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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 />
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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 />
NEW SOUTH WALES GOVERNMENT GAZETTE No. 35<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 />
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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 />
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620 LEGISLATION 13 <strong>February</strong> 2004<br />
Powers of Attorney Regulation 2004<br />
Contents<br />
Page 2<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 />
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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 />
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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 />
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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 />
P:\ep\03\e03-062-06\p01\e03-062-06-p01SCH.fm 4/9/03, 10:51 am
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 />
P:\ep\03\e03-203-09\p01\e03-203-09-p01EXN.fm 11/6/03, 11:10 am
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 />
P:\ep\03\e03-203-09\p01\e03-203-09-p01BOD.fm 11/6/03, 11:10 am
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 />
P:\ep\03\e03-305-09\p01\e03-305-09-p01EXN.fm 7/1/04, 01:17 pm
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 />
P:\ep\03\e03-364-09\p01\e03-364-09-p01EXN.fm 24/10/03, 04:21 pm
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 />
P:\ep\03\e03-335-09\p01\e03-335-09-p01BOD.fm 30/9/03, 03:40 pm
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 />
P:\ep\03\e03-359-31\p01\e03-359-31-p01BOD.fm 9/12/03, 04:34 pm
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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