Commons Management Regulation 2018 (2018-378) (NSW)

Commons Management Regulation 2018

Part 1 Preliminary

1 Name of Regulation This Regulation is the Commons Management Regulation 2018.

2 Commencement This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Commons Management Regulation 2006, which is repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation: approved means approved for the time being by the Minister. relevant trust officer, in relation to a trust, means: (a) the treasurer (in respect of all matters relating to the trust accounts) or the secretary to the trust board (in respect of all other matters), or (b) the administrator, or (c) the general manager of the local authority, by whom the affairs of the trust are managed. secretary, in relation to a trust board, means the person holding office as secretary of the trust board. the Act means the Commons Management Act 1989. treasurer, in relation to a trust board, means the person holding office as treasurer of the trust board.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Model by-law For the purposes of section 9 (4) of the Act, the model by-law set out in Schedule 1 is the prescribed model by-law.

Part 2 Commoners' rolls

5 Commoners' rolls (1) For the purposes of section 5 (2) of the Act, a person has the prescribed qualification for enrolment as a commoner if: (a) the person resides in the land district in which the common is located and does not hold more than 20 hectares of land in that land district, or (b) the person has such qualifications as may be specified for those purposes by the notice establishing the trust in respect of the common, and is not enrolled on another commoners' roll. (2) For the purposes of section 10 (2) of the Act, a person has the prescribed qualification for enrolment as a commoner if: (a) in the case of an existing common within the meaning of Schedule 5 to the Act—the person is taken under clause 5 of that Schedule to be a commoner in respect of the common and is not enrolled on another commoners' roll, or (b) in the case of any other common—the person has a qualification specified in subclause (1) in respect of the common.