New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Trust Amendment Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The proposed Act also amends an environmental planning instrument to
make it clear that development may be carried out for the purpose of
relocating the Conservatorium High School on the Conservatorium site.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clause 3 is a formal provision giving effect to the amendments to the Royal
Botanic Gardens and Domain Trust Act 1980 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendment to Central
Sydney Local Environmental Plan 1996 set out in Schedule 2.
Clause 5 validates anything done or omitted to be done on or after 11
November 1997 and before the date of assent to the proposed Act (such as
the lodging and determination of a development application relating to the
proposed redevelopment) that could not have been lawfully done unless the
amendment made to Central Sydney Local Environmental Plan 1996 had
been in force when it was done or omitted.
Schedule 1
Amendment of Royal Botanic Gardens and
Domain Trust Act 1980
The functions of the Royal Botanic Gardens and Domain Trust are limited by
sections 7 and 8 of the Act (which state the principal objects and the powers
of the Trust) and other provisions of that Act prohibit the trust from selling or
creating long-term interests in any of the Trust lands and otherwise impose
restrictions on its dealings with the Trust lands.
Schedule 1 [1], [2] and [5] insert a new Part 5 into Schedule 2 to the Act
which Part contains a description of the strip of land vested in the Trust and
surrounding the Conservatorium site that will be involved in the proposed
redevelopment (the affected land) and make consequential amendments to
section 4 of the Act so as to allow that land to be dealt with separately from
other Trust lands.
Schedule 1 [3] and [4] suspend any prohibitions or restrictions that would
otherwise be imposed by the Act on use of the affected land so as to allow the
proposed redevelopment and other improvements to be carried out. However,
these amendments also allow such of the affected land as is developed to
improve the environs of the Royal Botanic Gardens to be removed from Part
5 of Schedule 2 by a proclamation under section 19 of the Act and again
made subject to those prohibitions and restrictions.
Any of the affected land that is needed only for the redevelopment of the
Conservatorium will be able to be consolidated with the present
Conservatorium site.
Explanatory note page 2
Schedule 2
Amendment of Central Sydney Local
Environmental Plan 1996
Schedule 2 amends the relevant local environmental plan to provide that
additional land uses may be carried out, with development consent under the
Environmental Planning and Assessment Act 1979, on the current
Conservatorium site and on the affected land, so as to ensure that the
Conservatorium High School can be relocated within the development site
and to remove any doubt that certain other uses of minor significance to the
project may be carried out.
Explanatory note page 3