Personal Watercraft) Regulation 2001

7715

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 138 Friday, 14 September 2001 Published under authority by the Government Printing Service LEGISLATION Coal Mines (General) Amendment (Plans and Information)Regulations Regulation 2001 Coal Mines (General) Amendment under(Plans the and Information) CoalRegulation Mines Regulation 2001 Act 1982 Her Excellency the Governor, with the advice of the Executive Council, has made theunder following the Regulation under the Coal Mines Regulation Act 1982. Coal Mines Regulation Act 1982

Her Excellency the Governor, with the advice of the Executive Council, has made Ministerthe following for Mineral Regulation Resources under the Coal Mines Regulation Act 1982.

TheExplanatory Hon EDWARD note OBEID, M.L.C., Minister for Mineral Resources TheMinister object for Mineralof this ResourcesRegulation is to amend the Coal Mines (General) Regulation 1999: (a) to enable the Chief Inspector of Coal Mines to supply copies of plans and Explanatoryother information note relating to the nature or extent of mine workings to members of the public, and The object of this Regulation is to amend the Coal Mines (General) (b)Regulationto provide 1999 that: a requirement to notify a mine owner when documents or information about the mine workings have been provided under that (a) Regulationto enable the to anotherChief Inspector person does of Coal not apply Mines in to cases supply where, copies after of reasonably plans and diligentother information inquiry, the relatingmine owner to the cannot natu bere identifiedor extent orof cannot mine beworkings found. to members of the public, and This Regulation is made under the Coal Mines Regulation Act 1982, including section(b) to 174provide (the thatgeneral a requirement regulation-making to notify apower), mine ownerand in when particular documents section or 174 (2)information (hhh) and (iii).about the mine workings have been provided under that Regulation to another person does not apply in cases where, after reasonably diligent inquiry, the mine owner cannot be identified or cannot be found. This Regulation is made under the Coal Mines Regulation Act 1982, including section 174 (the general regulation-making power), and in particular section 174 (2) (hhh) and (iii). r00-387-p02.817 Page 1

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P:\re\00\r00-387-p02.817 12/9/01, 8:16a 7716 LEGISLATION 14 September 2001

Coal Mines (General) Amendment (Plans and Information) Regulation 2001

1 Name of Regulation This Regulation is the Coal Mines (General) Amendment (Plans and Information) Regulation 2001.

2 Amendment of Coal Mines (General) Regulation 1999 The Coal Mines (General) Regulation 1999 is amended as set out in Schedule 1.

3 Notes The explanatory note does not form part of this Regulation.

Page 2

P:\re\00\r00-387-p02.NEW SOUTH817 12/9/01, WALES 8:16a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7717

Coal Mines (General) Amendment (Plans and Information) Regulation 2001

Schedule 1 Amendments

(Clause 2)

[1] Clause 68 Furnishing of documents and information Insert after clause 68 (2): (2A) Subclause (2) does not apply in a case in which, because the mine is an abandoned mine or from any other cause, the identity or whereabouts of the mine owner cannot, after reasonably diligent inquiry, be established.

[2] Clause 68A Insert after clause 68:

68A Public may request certain information (1) The Chief Inspector may, either unconditionally or subject to conditions, supply to any person on written request: (a) a copy of any plan, section or drawing of mine workings, and (b) any information relevant to such a plan, section or drawing, in so far as it relates to the nature or extent of mine workings beneath or adjacent to any land that is expressly referred to in the request. (2) The Chief Inspector must inform the owner of a mine in writing of the name and address of any person who is supplied with a copy of a plan, section or drawing of, or any information in relation to, the mine workings. (3) Subclause (2) does not apply in a case in which, because the mine is an abandoned mine or from any other cause, the identity or whereabouts of the mine owner cannot, after reasonably diligent inquiry, be established. (4) Subclause (1) applies only to documents and information in the possession or under the control of the Department.

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P:\re\00\r00-387-p02.NEW SOUTH817 12/9/01, WALES 8:16a GOVERNMENT GAZETTE No. 138 7718 LEGISLATION 14 September 2001

Independent Pricing and Regulatory Tribunal Act Amendment (Addition of Agencies to Schedule 1) Regulation 2001

under the Independent Pricing and Regulatory Tribunal Act 1992

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Independent Pricing and Regulatory Tribunal Act 1992.

BOB CARR, M.P., PremierW Premier

Explanatory note The object of this Regulation is to add the Sydney Catchment Authority and the Water Administration Ministerial Corporation to the list of government agencies in Schedule 1 to the Independent Pricing and Regulatory Tribunal Act 1992 so that the government monopoly services they provide can be made the subject of standing references to the Independent Pricing and Regulatory Tribunal. This Regulation is made under section 11 and section 29 of the Independent Pricing and Regulatory Tribunal Act 1992.

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P:\re\01\r01-285-p01.NEW SOUTH843 13/9/01, WALES 9:59a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7719

Clause 1 Independent Pricing and Regulatory Tribunal Act Amendment (Addition of Agencies to Schedule 1) Regulation 2001

Independent Pricing and Regulatory Tribunal Act Amendment (Addition of Agencies to Schedule 1) Regulation 2001

1 Name of Regulation This Regulation is the Independent Pricing and Regulatory Tribunal Act Amendment (Addition of Agencies to Schedule 1) Regulation 2001.

2 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 The Independent Pricing and Regulatory Tribunal Act 1992 is amended by inserting at the end of Schedule 1: Sydney Catchment Authority Water Administration Ministerial Corporation

3 Notes The explanatory note does not form part of this Regulation.

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P:\re\01\r01-285-p01.NEW SOUTH843 13/9/01, WALES 9:59a GOVERNMENT GAZETTE No. 138 7720 LEGISLATION 14 September 2001

Maritime (Short Description of Offences) Amendment (Personal Watercraft) Regulation 2001

under the Justices Act 1902

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

CARL SCULLY, M.P., Minister forfor Transport Transport

Explanatory note The Water Traffic Amendment (Personal Watercraft) Regulation 2001 amends the Water Traffic Regulations—NSW in order to (among other matters) make an offence, with certain exceptions, of the following: (a) for the driver of a personal watercraft (such as a jet ski) to drive in a personal watercraft exclusion zone, (b) for the owner of a personal watercraft to permit a person to drive the personal watercraft in a personal watercraft exclusion zone, (c) for the driver of a personal watercraft to drive at night, (d) for the owner of a personal watercraft to permit another person to drive the personal watercraft at night. The object of this Regulation is to amend the Maritime (Short Description of Offences) Regulation 1987 so as to facilitate the issue of penalty notices and legal processes for these offences. This Regulation also makes an amendment in the nature of statute law revision.

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P:\re\01\r01-205-p01.NEW SOUTH822 12/9/01, WALES 8:20a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7721

Maritime (Short Description of Offences) Amendment (Personal Watercraft) Regulation 2001

Explanatory note

This Regulation is made under the Justices Act 1902, including sections 145B (Short description of certain offences) and 154 (the general regulation-making power).

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P:\re\01\r01-205-p01.NEW SOUTH822 12/9/01, WALES 8:20a GOVERNMENT GAZETTE No. 138 7722 LEGISLATION 14 September 2001

Maritime (Short Description of Offences) Amendment (Personal Clause 1 Watercraft) Regulation 2001

Maritime (Short Description of Offences) Amendment (Personal Watercraft) Regulation 2001

1 Name of Regulation This Regulation is the Maritime (Short Description of Offences) Amendment (Personal Watercraft) Regulation 2001.

2 Commencement This Regulation commences on 1 October 2001.

3 Amendment of Maritime (Short Description of Offences) Regulation 1987 The Maritime (Short Description of Offences) Regulation 1987 is amended as set out in Schedule 1.

4 Notes The explanatory note does not form part of this Regulation.

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P:\re\01\r01-205-p01.NEW SOUTH822 12/9/01, WALES 8:20a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7723

Maritime (Short Description of Offences) Amendment (Personal Watercraft) Regulation 2001

Schedule 1 Amendments

(Clause 3)

[1] Schedule 1

Insert in appropriate order under the heading “Water Traffic Regulations—N.S.W.”:

Regulation 15AAA (1)—drive personal drive PWC in PWC exclusion watercraft on any navigable waters in a zone personal watercraft exclusion zone Regulation 15AAA (2)—permit, being the permit driving of own PWC owner of a personal watercraft, a person to in PWC exclusion zone drive the personal watercraft on any navigable waters in a personal watercraft exclusion zone Regulation 15AA (1A)—drive personal drive PWC at night watercraft on any navigable waters at night (that is, between sunset and sunrise) Regulation 15AA (1B)—permit, being the permit driving of own PWC owner of a personal watercraft, a person to at night drive the personal watercraft on any navigable waters at night (that is, between sunset and sunrise)

[2] Schedule 1 Omit “Regulation 15AA (a)” from under the heading “Water Traffic Regulations—N.S.W.”. Insert instead “Regulation 15AA (1) (a)”.

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P:\re\01\r01-205-p01.NEW SOUTH822 12/9/01, WALES 8:20a GOVERNMENT GAZETTE No. 138 7724 LEGISLATION 14 September 2001

Nurses (General) Amendment Regulation 2001

under the Nurses Act 1991

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Nurses Act 1991.

CRAIG KNOWLES, M.P., Minister forfor Health Health

Explanatory note The object of this Regulation is to amend the Nurses (General) Regulation 1997 to permit the Nurses Registration Board to approve certain accredited educational institutions to conduct nursing examinations. This Regulation is made under the Nurses Act 1991, including sections 27 and 78 (the general regulation-making power).

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P:\re\01\r01-235-p01.NEW SOUTH831 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7725

Clause 1 Nurses (General) Amendment Regulation 2001

Nurses (General) Amendment Regulation 2001

1 Name of Regulation This Regulation is the Nurses (General) Amendment Regulation 2001.

2 Amendment of Nurses (General) Regulation 1997 The Nurses (General) Regulation 1997 is amended as set out in Schedule 1.

3 Notes The explanatory note does not form part of this Regulation.

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P:\re\01\r01-235-p01.NEW SOUTH831 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7726 LEGISLATION 14 September 2001

Nurses (General) Amendment Regulation 2001

Amendments Schedule 1

Schedule 1 Amendments

(Clause 2)

[1] Clause 8 Enrolment in List “A”: section 27 Omit clause 8 (3) (b). Insert instead: (b) the prescribed examination is that conducted for the purposes of that subparagraph by: (i) the TAFE Commission, or (ii) any accredited providers of vocational training or higher education that are approved by the Board.

[2] Clause 8 (4) Insert after clause 8 (3): (4) For the purposes of subclause (3) (b), accredited means accredited by a government department or public authority of the Commonwealth, or a State or Territory, with responsibility for vocational training or higher education.

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P:\re\01\r01-235-p01.NEW SOUTH831 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7727

Water Traffic Amendment (Personal Watercraft) Regulation 2001

under the Maritime Services Act 1935

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Maritime Services Act 1935.

CARL SCULLY, M.P., MinisterMinister forfor Transport Transport

Explanatory note The principal object of this Regulation is to prohibit the driving of personal watercraft in Sydney Harbour, to prohibit the driving of personal watercraft at night and to make other amendments relating to personal watercraft. This Regulation amends the Water Traffic Regulations—NSW as follows: (a) to make it an offence for the driver of a personal watercraft (such as a jet ski) to drive the personal watercraft in a personal watercraft exclusion zone, being the waters of Sydney Harbour, with certain exceptions, (b) to make it an offence for the owner of a personal watercraft to permit a person to drive the personal watercraft in a personal watercraft exclusion zone, with certain exceptions, (c) to provide that a person who commits the offence of driving a personal watercraft in a personal watercraft exclusion zone is disqualified from holding a licence: (i) for a first offence—for a period of 2 years, and (ii) for a second offence—for a period of 4 years, and (iii) for a third offence—for life,

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7728 LEGISLATION 14 September 2001

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Explanatory note

(d) to provide that the commission of two offences of permitting a person to drive a personal watercraft owned by the offender in a personal watercraft exclusion zone within any period of 24 months automatically cancels the offender’s licence, (e) to prescribe such personal watercraft exclusion zone offences as penalty notice offences for which an “on-the-spot” fine may be given: (i) for a first offence as the driver—$800, (ii) for a second offence as the driver—$1,200, (iii) for a third offence as the driver—$1,500, (iv) for an offence as the owner—$400, (f) to increase the penalties that may be imposed by a penalty notice for an offence of driving a personal watercraft while not the holder of a licence: (i) for a first offence as the driver—$800, (ii) for a second offence as the driver—$1,200, (iii) for a third offence as the driver—$1,500, (iv) for an offence as an owner—$400, (g) to limit the automatic cancellation of the licence of a person for the commission of two offences within any period of 24 months of driving a personal watercraft while not the holder of a licence to a person committing the offence as the driver of the relevant personal watercraft, (h) to make it an offence for the driver of a personal watercraft to drive the personal watercraft at night, with certain exceptions, (i) to make it an offence for the owner of a personal watercraft to permit a person to drive the personal watercraft at night, with certain exceptions, (j) to provide that the Minister may refuse to grant a licence to a person, or may suspend or cancel a person’s licence, if the person is convicted of such night driving offences, (k) to prescribe such night driving offences as penalty notice offences for which an “on-the-spot” fine may be given, (l) to provide that the commission of two such night driving offences within any period of 24 months automatically cancels a person’s licence, (m) to make amendments in the nature of statute law revision. This Regulation is made under the Maritime Services Act 1935, including sections 30D (Penalty notices for certain offences) and 38 (the general regulation-making power).

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7729

Water Traffic Amendment (Personal Watercraft) Regulation 2001 Clause 1

Water Traffic Amendment (Personal Watercraft) Regulation 2001

1 Name of Regulation This Regulation is the Water Traffic Amendment (Personal Watercraft) Regulation 2001.

2 Commencement This Regulation commences on 1 October 2001.

3 Amendment of Water Traffic Regulations—NSW The Water Traffic Regulations—NSW are amended as set out in Schedule 1.

4 Notes The explanatory note does not form part of this Regulation.

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7730 LEGISLATION 14 September 2001

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Schedule 1 Amendments

(Clause 3)

[1] Regulation 2A Insert after regulation 2:

2A Notes Notes included in these Regulations are explanatory notes and do not form part of these Regulations.

[2] Regulation 15AAA Insert after regulation 15:

15AAA Personal watercraft excluded from Sydney Harbour (1) The driver of a personal watercraft is guilty of an offence against this regulation if the driver drives the personal watercraft on any navigable waters in a personal watercraft exclusion zone. (2) The owner of a personal watercraft is guilty of an offence against this regulation if the owner permits a person to drive the personal watercraft on any navigable waters in a personal watercraft exclusion zone. (3) Clauses (1) and (2) do not apply to a personal watercraft that is being driven in accordance with the conditions of an aquatic licence. (4) Clauses (1) and (2) do not apply to any of the following: (a) an officer, employee or member of staff of the Waterways Authority constituted by the Ports Corporatisation and Waterways Management Act 1995 acting in the course of his or her employment or duties, (b) a police officer acting in the exercise of his or her duties, (c) any other person or class of persons specified by order of the Minister published in the Gazette in circumstances so specified.

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7731

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Amendments Schedule 1

(5) A person who commits an offence under clause (1) is disqualified from holding any licence under Part 3A: (a) for the first such offence—for a period of 2 years after the commission of the offence, or (b) for the second such offence—for a period of 4 years after the commission of the offence, or (c) for the third or subsequent such offence—at any time during the life of the person. The disqualification is in addition to any penalty imposed for the offence. (6) Clause (5) applies only to offences committed after the commencement of this Regulation. (7) For the purposes of clause (5), a person is taken to have committed an offence at the time that the person: (a) is convicted of the offence by a court, or (b) pays the penalty required by a penalty notice served on the person under section 30D of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996). (8) In this regulation: personal watercraft exclusion zone means the waters of Sydney Harbour, and includes the waters of all tidal bays, rivers and their tributaries connected or leading to Sydney Harbour bounded by high-water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head.

[3] Regulation 15AA Conduct of personal watercraft at any speed or at night Insert after regulation 15AA (1): (1A) The driver of a personal watercraft is guilty of an offence against this regulation if the driver drives the personal watercraft on any navigable waters at night (that is, between sunset and sunrise).

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7732 LEGISLATION 14 September 2001

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Schedule 1 Amendments

(1B) The owner of a personal watercraft is guilty of an offence against this regulation if the owner permits a person to drive the personal watercraft on any navigable waters at night (that is, between sunset and sunrise). (1C) Clauses (1A) and (1B) do not apply to a personal watercraft that is being driven in accordance with the conditions of an aquatic licence. (1D) Clauses (1A) and (1B) do not apply to any of the following: (a) an officer, employee or member of staff of the Waterways Authority constituted by the Ports Corporatisation and Waterways Management Act 1995 acting in the course of his or her employment or duties, (b) a police officer acting in the exercise of his or her duties, (c) any other person or class of persons specified by order of the Minister published in the Gazette in circumstances so specified.

[4] Regulation 15AA (5) Omit “Parramatta River,” and “Port Jackson,” from the definition of personal watercraft restriction zone.

[5] Regulation 15E Drivers of certain vessels to be licensed Omit regulation 15E (4). Insert instead: (4) A person who commits an offence under clause (1) by driving a personal watercraft on navigable waters without being the holder of a licence authorising the driver to drive the craft is disqualified from holding any licence under Part 3A: (a) for the first such offence—for a period of 2 years after the commission of the offence, or (b) for the second such offence—for a period of 4 years after the commission of the offence, or (c) for the third or subsequent such offence—at any time during the life of the person. The disqualification is in addition to any penalty imposed for the offence.

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7733

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Amendments Schedule 1

[6] Regulation 15E (6) Omit “of clauses (4) and (5)”. Insert instead “of clause (4)”.

[7] Regulation 15F Special provisions relating to holders of young adult licences Insert at the end of regulation 15F: (2) This regulation does not affect any other requirement imposed on a person under any other provision of these Regulations. Note. Other provisions of these Regulations impose requirements on persons in respect of vessels. For example, regulation 15AA (1A) provides that the driver of a personal watercraft is guilty of an offence if the driver drives the personal watercraft at night, regardless of the speed at which it is driven. [8] Regulation 15O Cancellation and suspension of licences Omit regulation 15O (1) (b) (i). Insert instead: (i) has been convicted of a breach of these Regulations because of a contravention of, or an offence against, regulations 3, 15AA (1A), 15AA (1B), 15F or 15K, or

[9] Regulation 15O (2) Omit “a personal watercraft licence or a young adult personal watercraft licence”. Insert instead “a licence under Part 3A”.

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7734 LEGISLATION 14 September 2001

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Schedule 1 Amendments

[10] Schedule 2 Prescribed offences and penalties for the purposes of section 30D of the Maritime Services Act 1935 Insert in appropriate order:

15AAA (1): • (being a first offence under 15AAA (1)) 800 • (being a second offence under 15AAA (1)) 1200 • (being a third or subsequent offence under 15AAA (1)) 1500

15AAA (2) 400

15AA (1A) 320

15AA (1B) 320

[11] Schedule 2 Omit the matter regarding regulation 15E (1). Insert instead:

15E (1): • owner of personal watercraft 400 • driver of personal watercraft (being a first offence under 15E (1)) 800 • driver of personal watercraft (being a second offence under 15E (1)) 1200 • driver of personal watercraft (being a third or subsequent offence under 15E (1)) 1500

[12] Schedule 6 Offences for the purpose of automatic cancellation of personal watercraft licence Insert in appropriate order under the heading “Water Traffic Regulations—NSW”:

15AAA (2)

15AA (1A)

15AA (1B)

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 14 September 2001 LEGISLATION 7735

Water Traffic Amendment (Personal Watercraft) Regulation 2001

Amendments Schedule 1

[13] Schedule 6 Omit “15E (1)” from under the heading “Water Traffic Regulations—NSW”. Insert instead:

15E (1) (being an offence committed by an owner of the relevant personal watercraft)

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P:\re\01\r01-138-p02.NEW SOUTH822 12/9/01, WALES 8:21a GOVERNMENT GAZETTE No. 138 7736 OFFICIAL NOTICES 14 September 2001 OFFICIAL NOTICES Appointments

PLANT DISEASES ACT 1924 Appointment of Inspectors I, KEVIN PATRICK SHERIDAN, Director General of the Department of Agriculture, pursuant to section 11(1) of the Plant Diseases Act 1924 (“the Act”) appoint the persons named in the Schedule as inspectors under the Act:

Schedule Daryl COOPER; Joseph ZUCCO; Lorraine O’DONNELL; Robert PATON; Doug MACBETH. Dated this 6th day of September 2001. K. P. SHERIDAN AO, Director-General

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7737 NSW Fisheries

FISHERIES MANAGEMENT ACT 1994 FISHERIES MANAGEMENT (AQUACULTURE) REGULATIONS 1995 Clause 35(4) ñ Notice of Class 1 Aquaculture Lease Renewal THE Minister has renewed the following aquaculture leases: OL99/011 within the estuary of Port Stephens having an area of 7.4233 hectares to F B Sheppard & Co. Pty Ltd of Anna Bay, NSW, for a term of 15 years expiring on 30 August 2016. OL72/119 within the estuary of Clyde River having an area of 0.7031 hectares to Stefanos Paschalidis of Batemans Bay, NSW, for a term of 15 years expiring on 21 April 2017. OL71/136 within the estuary of Sandon River having an area of 0.9900 hectares to Alvin A Green of Maclean, NSW, for a term of 15 years expiring on 24 February 2017. OL70/578 within the estuary of the Macleay River having an area of 0.8280 hectares to Mr Oyster Pty Ltd, NSW, for a term of 15 years expiring on 20 April 2016. OL71/144 within the estuary of the Macleay River having an area of 0.27 hectares to Suzanne Arthur and Alan John Arthur of South West Rocks, for a term of 15 years expiring on 27 July 2016. OL86/085 within the estuary of the Wagonga Inlet having an area of 0.4387 hectares to Peter H Phelps and Julie R Phelps of Narooma, NSW, for a term of 15 years expiring on 22 June 2016. OL57/133 within the estuary of Nelson Lagoon having an area of 0.9100 hectares to Peter James Holdsworth and Gary Bruce Rodely of Tathra, NSW, for a term of 15 years expiring on 01 June 2017.

The Hon EDWARD OBEID, OAM, M.L.C., Minister for Mineral Resources and Minister for Fisheries

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7738 OFFICIAL NOTICES 14 September 2001

Department of Land and Water Conservation Land Conservation

GOULBURN OFFICE Department of Land and Water Conservation 159 Auburn Street (PO Box 748), Goulburn, NSW 2580 Phone: (02) 4828 6725 Fax: (02) 4828 6730

ALTERATION OF CORPORATE NAME OF RESERVE TRUST PURSUANT to section 92(3) of the Crown Lands Act 1989, the corporate name of the reserve trust speciﬁ ed in Schedule 1 hereunder, which is trustee of the reserve referred to in Schedule 2, is altered to the corporate name speciﬁ ed in Schedule 3. RICHARD AMERY, M.P., Minister for Agriculture and Minister for Land and Water Conservation

SCHEDULE 1 Goulburn Hockey park Trust.

SCHEDULE 2 Reserve No. 83605 Public Purpose: Public Recreation Notiﬁ ed: 1 December 1961 File Reference: GB80R74.

SCHEDULE 3 Cookbundoon Sport Fields (R83605) Reserve Trust.

GRAFTON OFFICE Department of Land and Water Conservation 76 Victoria Street (Locked Bag 10), Grafton, NSW 2460 Phone: (02) 6640 2000 Fax: (02) 6640 2035

NOTIFICATION OF CLOSING OF PUBLIC ROAD Note: On closing, the land within lot 1 remains vested in IN pursuance of the provisions of the Roads Act 1993, the the State of New South Wales as Crown land. road hereunder described is closed and the land comprised therein ceases to be a public road and the rights of passage and access that previously existed in relation to the road are extinguished. RICHARD AMERY, MP., Minister for Agriculture and Minister for Land and Water Conservation

Description Land District — Casino; Shire — Richmond Valley Road closed: Lot 1, DP 1031337, at Casino, Parish North Casino, County Rous (not being land under the Real Property Act). File No.: GF00 H 301.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7739

GRIFFITH OFFICE Department of Land and Water Conservation 2nd Floor, Grifﬁ th City Plaza, 120–130 Banna Avenue (PO Box 1030), Grifﬁ th, NSW 2680 Phone: (02) 6962 7522 Fax: (02) 6962 5670

ERRATUM THE notice appearing in the Government Gazette of 8 July 1994 folio 3484, under the heading of “ROADS ACT 1993, Transfer of Crown Road to a Council” is amended by altering the description (commencing at line 16 in SCHEDULE 1) “that part of Uabba Street between Loughnan and road closed in Government Gazette, 28 January 1983, Folio 446” to read “ that part of Uabba Street between Canada and road closed in Government Gazette, 28 January 1983, Folio 466”. File No: GH92H149.

RICHARD AMERY, M.P., Minister for Agriculture and Minister for Land and Water Conservation

MAITLAND OFFICE Department of Land and Water Conservation Cnr Newcastle Road and Banks Street (PO Box 6), East Maitland, NSW 2323 Phone: (02) 4934 2280 Fax: (02) 4934 2252

NOTIFICATION OF CLOSING OF ROAD ERRATUM IN pursuance of the provisions of the Roads Act 1993, the IN the notice appearing in the Government Gazette No.135 road hereunder described is closed and the land comprised dated 7th September 2001 on folio 7625 under the heading therein ceases to be a public road and the rights of passage “Establishment of Reserve Trust”, the description under and access that previously existed in relation to the road Column 2 is hereby corrected to read “Lots 550 to 558 are extinguished. DP1033413”, and not as notiﬁ ed. RICHARD AMERY, M,P., File No. MD98R7. Minister for Agriculture RICHARD AMERY, M.P., and Minister for Land and Water Conservation Minister for Agriculture and Minister for Land and Water Conservation Description Parish — Pokolbin; County — Northumberland; Land District — Maitland; Local Government Area — Cessnock Road Closed: Lot 1, DP1031296 at Mount View (not being land under the Real Property Act). File Reference: MD 00 H 161 Note: On closing the land within Lot 1, DP1031296 will remain land vested in Cessnock City Council as operational land. (Council’s Reference 134/901/5/4).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7740 OFFICIAL NOTICES 14 September 2001

ORANGE OFFICE Department of Land and Water Conservation 92 Kite Street (PO Box 2146), Orange, NSW 2800 Phone: (02) 6360 8395 Fax: (02) 6362 3896

NOTIFICATION OF CLOSING OF A ROAD NOTIFICATION OF PROPOSED CLOSING OF A ROAD IN pursuance of the provisions of the Roads Act 1993, the road hereunder specifi ed is closed and the road ceases to IN pursuance of the provisions of the Roads Act 1993, be public road and the rights of passage and access that I propose to consider the closing of the roads hereunder previously existed in relation to the road are extinguished. described. RICHARD AMERY, M.P., All persons interested are hereby called upon to set Minister for Land and Water Conservation forth in writing and forward to the offi cer specifi ed in the notice for the purpose, within one month from the date of Description publication of this notice, any objections or submissions which may appear to them to exist to this proposal. Land District and LGA — Bathurst

Road Closed: Lot 9 in DP 1032468 of 670.7 square Richard Amery, M.P., metres, Parish of Bathurst, County of Bathurst (not Minister for Land and Water Conservation being land under the Real Property Act). File reference: OE01H152. Description Note: On closing, title for the land comprised in Lot 9 Land District — Bathurst; in DP 1032468 remains vested in the Bathurst City Shire — Blayney Council as operational land. Council reference: 31.00012. Bryan Maxwell MASON and Jane EDMANSON. Proposed closing of the part of the Crown public road traversing lot 1 in DP 216636, Parish of Three Brothers, County of Bathurst. Objections/submissions NOTIFICATION OF PROPOSED CLOSING OF A should be forwarded to the Manager, Resource Access and ROAD Compliance, Department of Land and Water Conservation, IN pursuance of the provisions of the Roads Act 1993, PO Box 2146, Orange 2800. File reference: OE01H302. I propose to consider the closing of the road hereunder described. All persons interested are hereby called upon to set forth in writing and forward to the ofﬁ cer speciﬁ ed in the notice for the purpose, within one month from the date of publication of this notice, any objections or submissions which may appear to them to exist to this proposal.

Richard Amery, M.P., Minister for Land and Water Conservation

Description Land District and LGA — Bathurst Bathurst City Council. Proposed closing of the public road separating lot 31 from lot 32 in DP 1032061, Parish of Kelso, County of Roxburgh. Objections/submissions should be forwarded to the Manager, Resource Access and Compliance, Department of Land and Water Conservation, PO Box 2146, Orange 2800. File reference: OE01H304.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7741

SYDNEY METROPOLITAN OFFICE Department of Land and Water Conservation 2-10 Wentworth Street (PO Box 3935), Parramatta, NSW 2124 Phone: (02) 9895 7503 Fax: (02) 9895 6227

ASSIGNMENT OF NAME TO A RESERVE TRUST Note: On closing, title for the land in lot 6 remains vested in City of Canada Bay Council as community land. PURSUANT to Paragraph 4 Schedule 8 of the Crown Lands Act, 1989, the name speciﬁ ed in Column 1 of the Schedule hereunder is assigned to the reserve trust constituted Descriptions as trustee for the reserve specified in Column 2 of the Land District — Metropolitan; Schedule. L.G.A — Auburn RICHARD AMERY, M.P., Lot 10, DP 1032156 at Auburn, Parish Liberty Plains Minister for Agriculture (Sheet 1), County Cumberland (being partly land in F/I and Minister for Land and Water Conservation. 2/209747 and partly not being land under the Real Property Act). MN99H117. SCHEDULE Note: On closing, title for the land in lot 10 remains vested COLUMN 1 COLUMN 2 in Auburn Council as operational land. Ross Street (R87592) Reserve No. 87592 at Reserve Trust Parramatta notiﬁ ed for The purpose of Girl Guides on 19 December 1969. File No.: MN84R232

APPOINTMENT OF CORPORATION TO MANAGE RESERVE TRUST PURSUANT to Section 95 of the Crown Lands Act 1989, the corporation specified in Column 1 of the Schedule hereunder is appointed to manage the affairs of the reserve trust speciﬁ ed opposite thereto in Column 2, which is trustee of the reserve referred to in Column 3 of the Schedule. RICHARD AMERY, M.P., Minister for Agriculture and Minister for Land and Water Conservation.

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 Lions Club of Ross Street Reserve No. 87592 Parramatta Inc. (R87592) for the purpose of Girl Reserve Trust Guides notiﬁ ed in the Gazette of 19 December 1969. File No.: MN84R232

NOTIFICATION OF CLOSING OF ROADS IN pursuance of the provisions of the Roads Act, 1993, the roads hereunder specified are closed and the roads cease to be public roads and the rights of passage and access that previously existed in relation to the roads are extinguished. RICHARD AMERY, M.P., Minister for Agriculture and Minister for Land and Water Conservation.

Descriptions Land District — Metropolitan; L.G.A — Canada Bay Lot 6, DP 1030306 at Concord, Parish Concord (Sheet 3), County Cumberland (being land in CT Vol 800 Folio 177). MN00H113.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7742 OFFICIAL NOTICES 14 September 2001

TAREE OFFICE Department of Land and Water Conservation 102-112 Victoria Street (PO Box 440), Taree, NSW 2430 Phone: (02) 6552 2788 Fax: (02) 6552 2816

RESERVATION OF CROWN LAND APPOINTMENT OF ADMINISTRATOR TO PURSUANT to section 87 of the Crown Lands Act 1989, the MANAGE A RESERVE TRUST Crown land specifi ed in Column 1 of the schedule hereunder PURSUANT to section 117, Crown Lands Act 1989, the is reserved as specifi ed opposite thereto in Column 2 of person specifi ed in Column 1 of the Schedule hereunder the Schedule. is appointed as administrator for the term also specifi ed in RICHARD AMERY, M.P., Column 1, of the reserve trust specifi ed opposite thereto Minister for Agriculture in Column 2, which is trustee of the reserve referred to in and Minister for Land and Water Conservation Column 3 of the Schedule. RICHARD AMERY, MP., Minister for Agriculture, SCHEDULE 1 Minister for Land and Water Conservation COLUMN 1 COLUMN 2 Land District: Gloucester Reserve No. 1003010 SCHEDULE 1 Local Government Area: Public Purpose: Environmental Gloucester Council Protection COLUMN 1 COLUMN 2 COLUMN 3 Parish: Craven File Reference: TE01R56 Laura Kathryn Yarrahapinni Reserve No 210109 County: Gloucester DWYER Wetlands Public Purpose: Locality: Rookhurst Reserve Trust Environmental Protection Lot DP No 753158 Notifi ed 13 September 1996 Area: 35.31 hectares File Reference: TE96R16 Note: Reserve 93955 Future Public Requirements revoked as from this date). For a term commencing 20th September 2001 and expiring 19th December 2001.

ROADS ACT 1993 ORDER Transfer of Crown Road to a Council IN pursuance of the provisions of section 151 of the Act, the Crown road specifi ed in Schedule 1 is transferred to the roads authority specifi ed in Schedule 2 hereunder as from the date of publication of this notice and as from that date the road specifi ed in Schedule 1 ceases to be a Crown road. RICHARD AMERY, M.P., Minister for Agriculture, Minister for Land and Water Conservation.

SCHEDULE 1 The section of Crown public road shown by hatching on diagram hereunder, within the Parish of Redbank County Macquarie at Pembrooke.

SCHEDULE 2 Roads Authority: Hastings Council File No: TE01 H161

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7743 Water Conservation

WATER ACT 1912 the Peel River catchment below Chaffey Dam which are subject to a scheme pursuant to Section 20X of the Water APPLICATION under Part 2 of the Water Act 1912 being Act, are unlikely to have sufficient water available to meet within a proclaimed (declared) local area under section 5(4) the requirements of persons authorised by law to take water of the Act. from the water sources or to meet other requirements for APPLICATION for a Licence, under Section 10 of Part 2 water previously determined by the Department. of the Water Act 1912 has been received as follows: Consequently, for that year, except as provided Murray River Valley hereunder, all allocations under the PEEL WATER DOUGLAS HARRIS FAMILY TRUST for a pump on the ALLOCATION are reduced to 80% of their basic allocations. Wakool River, on Lot 46 DP756576, Parish of Poon Boon, This reduction shall take effect on and from 1 July 2001. County of Wakool, for water supply for stock and domestic This reduction does not apply to the allocations under purposes and irrigation of 75 hectares (replacement licence entitlements for town water supply, stock, domestic, due to permanent transfer) (GA2: 504517) (Ref: 50SL75456). industrial or recreation (other than recreation involving Any enquiries regarding the above should be directed to maintenance of golf fairways). the undersigned (PH: [03] 5881-9200). Signed for the Department of Land and Water Written objections to the application specifying the Conservation. grounds thereof may be made by any statutory authority or RANDALL HART, a local occupier within the proclaimed area and must be Regional Director lodged at the Department's Office at Deniliquin within 28 Barwon Region days of the date of this publication. Dated: 7 September 2001. L. J. HOLDEN, A/Senior Natural Resource Officer WATER ACT, 1912 Murray Region AN APPLICATION under Part 2, within proclaimed Department of Land and Water Conservation (declared) local areas under section 5 (4) of the Act, 1912. PO Box 205, DENILIQUIN NSW 2710 Macquarie River Valley WATER ACT 1912 AN APPLICATION for an amended authority for a joint APPLICATION under Part 2 of the Water Act 1912 being water supply under Section 20E(2) has been received from: within a proclaimed (declared) local area under section 5(4) PETER LLOYD MANSUR AND OTHERS for a pump on of the Act. the Cudgegong River, Part of Wilbertree Road West of Lot APPLICATION for a Licence, under Section 10 of Part 2 3 in DP235794 and 2 pumps and a bywash dam on of the Water Act 1912 has been received as follows: Woonambula Creek, Lot 1 DP871401, all Parish of Wilbertree, County of Phillip for conservation of water and water supply Murray River Valley for stock and domestic purposes and irrigation of 175 Rodney James DUNN & Valerie Jeanette DUNN for a hectares (grapes) (replacement authority due to a permanent pump on the Merran Creek, on road adjacent to Lots 42 and transfer of water) (80SA10585). 43 DP756557, Parish of Merran, County of Wakool, for water Written objections to the applications specifying supply for stock and domestic purposes and irrigation of 28 grounds thereof, may be made by any statutory authority hectares (rice, cereals, clover) (replacement licence due to or local occupier within the proclaimed local (declared) area permanent transfer) (GA2: 504516) (Ref: 50SL75454). and must be lodged with the Departments Regional Office Any enquiries regarding the above should be directed to at Dubbo, within twenty-eight (28) days as prescribed by the undersigned (PH: [03] 5881-9200). the Act. Written objections to the application specifying the Any inquiries regarding the above should be directed grounds thereof may be made by any statutory authority or to the undersigned (telephone 68 842 560). GA2: 311296 a local occupier within the proclaimed area and must be FRED HUNDY, lodged at the Department's Office at Deniliquin within 28 Water Access Manager, Macquarie days of the date of this publication. Department of Land and Water Conservation L. J. HOLDEN, P O Box 717 DUBBO NSW 2830 A/Senior Natural Resource Officer Murray Region WATER ACT 1912 Department of Land and Water Conservation PO Box 205, DENILIQUIN NSW 2710 AN application under Part 8, being within a proclaimed (declared) local area under section 5(4) of the Water Act. WATER ACT 1912 An application for Approval of Controlled Work under Section 167 within the Proclaimed (declared) Local Area Volumetric Water Allocation Scheme described hereunder has been received as follows: Section 20Z of the Water Act 1912 Namoi River Valley THE Department of Land and Water Conservation is satisfied BETHMORE PTY LTD (James Bradford) for Controlled that during the 2001/2002 water year, the water sources of Works — consisting of levees, channels and storage dams NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7744 OFFICIAL NOTICES 14 September 2001 on the Upper Coxs Creek Floodplain on Lot 112/755473, — no increase in area) (Ref:10SL55829) (GA2:460634) Parish of Bingle, County of Pottinger and Lot 3/597196 and (Lodged under the NSW Water Amnesty). Crown Public Roads, Parish of Merrigula, County of John and Penny LAWLESS for a diversion channel on Pottinger on the property known as "Nukkledoon" for an Unnamed Watercourse, 21//626594, Parish of Burrawang, irrigation development on the floodplain. This proposal County of Camden for water supply to fill an off-creek complies with the principles set out in the Draft Flood storage for the irrigation of 8.0 hectares (Potatoes) (New Management Plan for the Upper Coxs Creek Floodplain - licence) (Ref:10SL55817) (GA2:460634) (Lodged under the Bundella to Mullaley, Department of Land and Water NSW Water Amnesty). Conservation November 1997. Ref: 90CW810715. Ron and Nerida CULLEN for a pump on the Wollondilly GA493670. River being 1//553203, Parish of Goulburn, County of Argyle Written objections to the application specifying the for stock and domestic purposes. (New Licence) grounds thereof may be made by any statutory authority or (Ref:10SL55990) (GA2:493019) (Lodged under the 1998 local occupier within the proclaimed (declared) area, whose Water Amnesty). interest may be affected and must be lodged with the John Thomas FOORD for a pump on the Wollondilly Department's Natural Resource Project Officer, Mr Glen River being 359//750015, Parish of Goulburn, County of Turner at Tamworth by 12th October, 2001. Argyle for the irrigation of 4.5 hectares. (New additional Plans showing the location of the works referred to in licence) (Ref:10SL56022) (GA2:493020) (Lodged under the the above application may be viewed at the Tamworth or 1998 Water Amnesty). Gunnedah offices of the Department of Land and Water Ian and Prudence LEONE for a pump on an Unnamed Conservation. Watercourse being 1402//701312, Parish of Wolumla, County GEOFF CAMERON, of Auckland for stock and domestic purposes (New Licence) Manager Resource Access (Ref:10SL55965) (GA2:509122). Department of Land and Water Conservation Robert BEDWELL for a pump on Jingo Creek being PO Box 550 294//624586, Parish of Imlay, County of Auckland, for stock Tamworth NSW 2340 and domestic purposes (New Licence) (Ref:10SL55947) (GA2:509121) (Lodged under the 1998 NSW Water WATER ACT, 1912 Amnesty). Peter and Karin TIERNEY for a dam and pump on an AN application for a license, under the section 10 of Part 2 Unnamed Watercourse on 220//854604, Parish of Wolumla, of the Water Act, 1912, as amended, has been received as County of Auckland for the conservation of water and the follows: irrigation of 40 hectares (Pasture)(New Licence) BRAIDWOOD CENTRAL SCHOOL for a pump on the (Ref:10SL55921) (GA2:509120) (Lodged under the 1998 NSW Mongarlowe River, Part Lot4//755964, Parish of Tomboye, Water Amnesty). County of St Vincent for water supply for stock and industrial FLOODTIDE PTY LTD for a dam and pump on an (amenities, toilets) purposes (New Licence) (Ref:10SL55913) Unnamed Watercourse on 12//1012404, Parish of Tanja, (GA2:460633). County of Dampier for the conservation of water and the Jo-Anne MCDONALD and John WEEKS for a pump on irrigation of 12 hectares (Pasture) (New Licence) an Unnamed Watercourse, Part Lot7002//1026802, Parish of (Ref:10SL55917) (GA2:509119). Krawarree, County of Murray for water supply for domestic Written objections specifying grounds thereof must be purposes (New Licence) (Ref:10SL55963) (GA2:460633). lodged with the Department within 28 days of the date of MANAR PTY LTD for an excavation and pump on this publication as prescribed by the Act. Woolshed Creek, Part Lot9//754878, Parish of Fairy Meadow, Natural Resource Project Officer, County of Murray for the conservation of water and water Sydney/South Coast Region supply for stock and domestic purposes (New Licence) (Ref:10SL55916) (GA2:460633). Department of Land and Water Conservation PO Box 3935 Alan John PALK for an earthen dam and a pump on an PARRAMATTA NSW 2124 Unnamed Watercourse, 122//80250, Parish of Murrimba, County of Camden for the conversation of water for the irrigation of 5.0 hectares (olives/vines)(New Licence) WATER ACT 1912 (Ref:10SL55820) (GA2:460634) (Farm Dam Application in APPLICATION under Part 2 of the Water Act 1912 being excess of MHRDC). within a proclaimed (declared) local area under section 5(4) Barry Allan and Carolyn Elizabeth DONOVAN for an of the Act. earthen bywash dam and pump on Millers Creek and an earthen bywash dam on an Unnamed Watercourse, 1// APPLICATION for a licence, under Section 10 of Part 2 837149, Parish of Burrawang, County of Camden for the of the Water Act 1912 has been received as follows: conservation of water for the irrigation of 20.5 hectares Murray River Valley (Potatoes) (Replacement Licence — Increase in area) Gregory John HULL and Donna Leigh HULL for a pump (Ref:10SL55828) (GA2:460634) (Lodged under the NSW Water Amnesty). on the Wakool River, on Lot 42 DP756538, Parish of Genoe, County of Wakool, for water supply for stock and domestic Valerie DONOVAN for an overshot dam and 2 pumps on purposes. (GA2: 504518) (Ref: 50SL75380). Millers Creek, 76 & 250//751262, Parish of Burrawang, County of Camden for the conservation of water and the Any enquiries regarding the above should be directed irrigation of 12.5 hectares (Potatoes) (Replacement Licence to the undersigned (PH: [03] 5881-2122).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7745

Written objections to the application specifying the 1999 at folios 7524,7525 by inserting the following after grounds thereof may be made by any statutory authority or paragraph 6: a local occupier within the proclaimed area and must be The Water Administration Ministerial Corporation, lodged at the Department's Office at Deniliquin within 28 days of the date of this publication. pursuant to Section 113A of the Water Act 1912, being satisfied that the Water Shortage Zone as shown in the L. J. HOLDEN, Schedule is unlikely to have more water available than is A/Senior Natural Resource Officer sufficient to meet requirements of the Licensees of bores Murray Region situated within the Water Shortage Zone and such other possible requirements from the Water Shortage Zone as are Department of Land and Water Conservation determined by the Ministerial Corporation, now declares PO Box 205, DENILIQUIN NSW 2710 that on and from the date of publication of this order in the Government Gazette, no further applications for a License WATER ACT 1912 under Part 5 of the Water Act may be made except as APPLICATIONS under Part 2 within a Proclaimed (declared) specified below until this Order is revoked by a subsequent Local Area under Section 5(4) of the Water Act, 1912. Notice published in the Government Gazette. An application for a licence under Section 10 for works This Order relates to all applications for Licenses issued within a proclaimed (declared) local area as generally under Part 5 of the Water Act 1912, other than applications described hereunder has been received from: for Licenses for: Murrumbidgee Valley 1. Private Domestic Purposes. Lyall Anthony OFFE for two existing bywash dams on 2. Stock Purposes not associated with feedlots or an Unnamed Watercourse, lot 1 in the subdivision of Lot 9 piggeries. (For the purpose of this Order “stock” means DP251090, Parish of Burra, County of Murray, for the stock of a number not exceeding the number conservation of a water supply for stock and domestic depastured ordinarily on land having regard to purposes. New Licence Reference: 40SL70703. seasonal fluctuations in carrying capacity of the land and not held in close concentration for a purpose other Lyall Anthony OFFE for an existing bywash dam on an than grazing). Unnamed Watercourse, lot 2 in the subdivision of Lot 9 DP251090, Parish of Burra, County of Murray, for the 3. Bores on any property where there is an existing conservation of a water supply for stock and domestic License to which a groundwater allocation (as defined purposes. New Licence Reference: 40SL70704. in Section 105 of the Act) applies and no increase in allocation is sought. Wayne John FORD for a pump on Little Gilmore Creek, 4. Bores for testing or monitoring purposes where there Lot 1 or 2 DP633704, Parish of Selwyn, County of Wynyard will be no extraction of groundwater, apart from that for stock, domestic and farming purposes and the irrigation of 6 hectares (orchard). (Replacement Licence following split required for water quality sampling, and no allocation is sought. of joint water authority, no increase in area). (40SL70601). 5. Bores (including spearpoints) of less than 20 metres Any enquiries regarding the above should be directed depth for irrigation water supply or for de-watering to the undersigned (telephone 0269 530700). purposes in the Murrumbidgee and Coleambally Land Formal objections to the application specifying the and Water Management Plan areas. grounds thereof, may be made by any statutory authority 6. Bores for Recreational, Industrial and Commercial or a local occupier within the proclaimed area and must be purposes where the total groundwater supply lodged with the Department at Leeton within the 28 days as requirement for the bores(s) is less than 20 ML / year. fixed by the Act. 7. Bores for stock, domestic and irrigation purposes on S.F. WEBB , the lands in Folio Identifiers: Resource Access Manager Murrumbidgee Region County of Nicholson, Parish of Booligal Lots 63,81/ DP 755144, Department of Land and Water Conservation County of Nicholson, Parish of Neobine Lots 14-16, PO Box 156 20-22, 51, 53-56, 5/DP 755187, LEETON NSW 2705. County of Nicholson, Parish of Coowerrawine Lots 3, 6-12, 14, 17/DP 755156 and Lots 20-21/DP 257071, County of Nicholson, Parish of Tambalana Lots 5-7, WATER ACT 1912 11-13, 29, 76, 82-86/DP 755194. ORDER UNDER SECTION 113A Signed for the Water Administration Ministerial Embargo on any Further Applications for Sub Corporation Surface Water Licences Dated this 14th day of September 2001 Lower Murrumbidgee Water Shortage Zone GEOFF FISHBURN, THE Water Administration Ministerial Corporation hereby Regional Director, amends the order under Section 113A of the Water Act Murrumbidgee Region 1912 (relating to the Lower Murrumbidgee Water Shortage Department of Land and Water Conservation Zone) published in Government Gazette No 98 of 27 August

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7746 OFFICIAL NOTICES 14 September 2001 Department of Mineral Resources

NOTICE is given that the following applications have been ( T98-1213) received: Exploration Licence No. 5631, AUSTMINEX NL (ACN EXPLORATION LICENCE APPLICATION 005 470 799), area of 37 units. Application for renewal received 6 September, 2001. ( T01-0191) ( T99-0044) No. 1810, ADMIRALTY RESOURCES NL (ACN 010 195 972), area of 74 units, for Group 1 minerals, dated Exploration Licence No. 5632, PLATSEARCH NL (ACN 7 September, 2001. (Broken Hill Mining Division). 003 254 395), area of 4 units. Application for renewal received 31 August, 2001. EDWARD OBEID, M.L.C., Minister for Mineral Resources ( C00-1091) Coal Lease No. 229 (Act 1973), DRAYTON COAL PTY LIMITED (ACN 002 028 257), area of 1567 hectares. Application for renewal received 5 September, 2001. NOTICE is given that the following applications have been granted: EDWARD OBEID, M.L.C., Minister for Mineral Resources EXPLORATION LICENCE APPLICATIONS ( T00-0114)

No. 1654, now Exploration Licence No. 5885, David RENEWAL OF CERTAIN AUTHORITIES Charles PRENDERGAST, Counties of Rankin and Werunda, Map Sheet (7734), area of 8 units, for Group 2 minerals, NOTICE is given that the following authorities have been dated 20 August, 2001, for a term until 19 August, 2003. renewed: ( T00-0116) ( T90-0013) No. 1656, now Exploration Licence No. 5877, Exploration Licence No. 4502, NEWCREST KANIMBLAN MINES PTY LTD (ACN 094 205 133), County OPERATIONS LIMITED (ACN 009 221 505), County of of Wellington, Map Sheet (8732), area of 90 units, for Group Gipps, Map Sheet (8331), area of 44 units, for a further term 1 minerals, dated 20 July, 2001, for a term until 19 July, 2003. until 20 May, 2003. Renewal effective on and from 3 September, 2001. ( T01-0097) ( T95-0632) No. 1740, now Exploration Licence No. 5874, ENDEAVOUR MINERALS PTY LTD (ACN 063 725 708), Mining Lease No. 311 (Act 1973), POLYMETALS Counties of Bligh and Wellington, Map Sheet (8732), area AUSTRALIA PTY LTD (ACN 003 122 870), Parish of Cohn, of 3 units, for Group 1 minerals, dated 3 July, 2001, for a County of Robinson, Map Sheet (8134-1-N), area of 10.117 term until 2 July, 2003. hectares, for a further term until 21 June, 2013. Renewal effective on and from 4 September, 2001. ( T01-0098) EDWARD OBEID, M.L.C., No. 1741, now Exploration Licence No. 5875, Peter David Minister for Mineral Resources TIMMS, County of Forbes, Map Sheet (8530), area of 1 units, for Group 1 minerals, dated 6 July, 2001, for a term until 5 July, 2003. ( T01-0111) WITHDRAWAL OF APPLICATIONS FOR RENEWAL No. 1752, now Exploration Licence No. 5881, MOUNT NOTICE is given that the applications for renewal in respect ISA MINES LIMITED (ACN 009 661 447), Counties of of the following authorities have been withdrawn: Gordon and Wellington, Map Sheet (8632), area of 32 units, for Group 1 minerals, dated 7 August, 2001, for a term until ( T94-0360) 6 August, 2003. Exploration Licence No. 4771, AUSMINDEX N.L. (ACN EDWARD OBEID, M.L.C., 003 287 634), County of Yanda, Map Sheet (7936), area of Minister for Mineral Resources 19 units. The authority ceased to have effect on 30 August, 2001. ( M78-2607) Authorisation No. 175, WALLERAWANG COLLIERIES NOTICE is given that the following applications for renewal LIMITED (ACN 000 001 436), Counties Cook and Roxburgh, have been received: Map Sheet (8831, 8931) area of 3797 hectares. Withdrawal ( T87-0228) will take effect on the date of this gazette. The authority ceases to have effect. Exploration Licence No. 2921, PASMINCO AUSTRALIA LIMITED (ACN 004 074 962), area of 22 units. Application for renewal received 5 September, 2001.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7747

( C97-0391) Coal Lease No. 187 (Act 1973), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415), Parish of Marangaroo, County Cook, Map Sheet (8931) area of 13.03 hectares. The authority ceased to have effect on the 8 August 2001 ( C89-0266) Mineral Lease No. 280 (Act 1906), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415),Parish of Marangaroo, County Cook, Map Sheet (8931) area of 5.822 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. ( C81-1124) Mineral Lease No. 1091 (Act 1906), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415),Parish of Marrangaroo, County Cook, Map Sheet (8931) area of 1.091 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. ( C88-0042) Mineral Lease No. 1151 (Act 1906), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415), Parish of Marangaroo, County Cook, Map Sheet (8931) area of 82.5 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. ( C88-0043) Mineral Lease No. 1152 (Act 1906), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415), Parish of Marrangaroo, County Cook, Map Sheet (8931) area of 194.3 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. ( C79-1758) Private Lands Lease No. 280 (Act 1924), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415), Parish of Marrangaroo, County Cook, Map Sheet (8931) area of 129.5 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. ( C89-0266) Mineral Lease No. 565 (Act 1906), LITHGOW VALLEY COLLIERY CO PTY LTD (ACN 000 002 415),Parish of Lett, County Cook, Map Sheet (8931) area of 110.5 hectares. Withdrawal will take effect on the date of this gazette. The authority ceases to have effect. EDWARD OBEID, M.L.C., Minister for Mineral Resources

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7748 OFFICIAL NOTICES 14 September 2001 Department of Urban Affairs and Planning

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S99/01618/S69)

ANDREW REFSHAUGE, M.P., Minister forfor Urban Urban Affairs Affairs and and Planning Planning

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 14 September 2001 OFFICIAL NOTICES 7749

Clause 1 Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

1 Name of plan This plan is Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas).

2 Aims of plan This plan aims: (a) to provide a primary tip buffer area around the Albury Garbage Tip to identify the limit of future development for residential and urban purposes in the Hamilton Valley growth area, and (b) to allow additional provisions relating to buffer areas around the Albury Garbage Tip to be included in a development control plan, and (c) to recognise the importance of the Albury Garbage Tip as a regional resource which will be actively utilised for at least the next 50 years, and (d) to enhance the viability of the tip by limiting development, particularly development for residential purposes, within the primary tip buffer area, and (e) to change the zoning of the land within the primary tip buffer area from Urban Fringe to Environment Protection under Albury Local Environmental Plan 2000, to better reflect the significance of garbage tip resources, the limited development opportunities in the buffer area, and the potentially adverse environmental effects of the tip’s operation, and (f) to specify matters relating to the siting of dwellings, subdivision of land and development generally within the primary tip buffer area.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 7750 OFFICIAL NOTICES 14 September 2001

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Clause 3 Buffer Areas)

3 Land to which plan applies This plan applies to the land shown bordered by a heavy black line on the map marked “Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)” deposited in the office of Albury City Council.

4 Amendment of Albury Local Environmental Plan 2000 Albury Local Environmental Plan 2000 is amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 14 September 2001 OFFICIAL NOTICES 7751

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

Schedule 1 Amendments

(Clause 4)

[1] Clause 5 Definitions Insert in clause 5 (1) in alphabetical order: primary tip buffer area means that area of land shown bordered by a heavy black line on the map marked “Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)”.

[2] Clause 5, definition of “the map” Insert at the end of the definition: Albury Local Environmental Plan 2000 (Amendment No 5— Albury Tip Buffer Areas).

[3] Clause 11 What are the zone objectives of the Urban Fringe Zone? Omit clause 11 (2) (e).

[4] Clauses 34A–34F Insert after clause 34:

34A What are the objectives of Albury tip buffer areas? The objectives of Albury tip buffer areas are: (a) to identify the limit of future development for residential and urban purposes in the Hamilton Valley growth area, and (b) to enhance the viability of the tip by limiting development, particularly development for residential purposes, within the primary tip buffer area.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 7752 OFFICIAL NOTICES 14 September 2001

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

Amendments Schedule 1

34B Development within the primary tip buffer area (1) Development (other than exempt development) for any purpose must not be carried out on land within the primary tip buffer area without the consent of the Council. (2) The Council must not grant consent to development of land within the primary tip buffer area unless: (a) the Council is satisfied that the carrying out of the development, and persons associated with the development, will not be unduly affected by the existing and continued operation of the Albury Garbage Tip, and (b) the Council is satisfied that the carrying out of the development is unlikely to adversely affect the viability or efficient operation of the tip and its future expansion within the primary tip buffer area.

34C Dwelling-houses within the primary tip buffer area (1) Except for land owned by the Council, Crown land and the land known as Lot 8, DP 871525, Mudge Street, Hamilton Valley, each allotment of land within the primary tip buffer area in existence as at 25 October 1999 and shown on the map marked “Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)” may have a dwelling-house erected on it, but only with the consent of the Council. (2) One additional dwelling may, with the consent of the Council, be erected on the land known as Lot 706, DP 753326, Centaur Road, Lavington—to result in a maximum of two dwellings on that land. (3) The Council must not grant consent to the erection of a dwelling-house on land within the primary tip buffer area unless it has made an assessment of the following: (a) whether the available soils on the land are suitable for on-site effluent disposal, (b) whether the dwelling-house will be sited in a way that maximises the house distance from the tip area, minimises the view of the tip area from the house site, and minimises the siting of the house on any elevated, exposed hillface areas,

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 14 September 2001 OFFICIAL NOTICES 7753

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

Schedule 1 Amendments

(c) any matter contained in a development control plan which relates to land in the locality of the Albury Garbage Tip. (4) In order to facilitate the environmentally friendly siting of dwelling-houses within the primary tip buffer area, a dwelling- house entitlement may be transferred to another part of the primary tip buffer area, provided that: (a) the erection of the dwelling-house on that other land will meet all relevant requirements of this plan and all relevant provisions of any development control plan applying to the land, and (b) the land to which the dwelling-house entitlement is to be transferred is under the same ownership as the entitling allotment, and (c) the total number of allotments within the primary tip buffer area (not being allotments owned by the Council, Crown land or the land known as Lot 8, DP 871525, Mudge Street, Lavington) does not exceed 17. (5) This clause has effect despite clause 33.

34D Subdivision of land within the primary tip buffer area (1) Land within the primary tip buffer area, not being land owned by the Council, Crown land or the land known as Lot 8, DP 871525, Mudge Street, Lavington, may, with the consent of the Council, be subdivided in order to facilitate the environmentally friendly siting of a dwelling-house, or subdivided for another purpose which the Council considers is consistent with the objectives of this Division, but only if: (a) the Council is satisfied that any dwelling-house to be erected on an allotment to be created by the proposed subdivision will be sited as specified in clause 34C (3) (b), and (b) the total number of allotments within the primary tip buffer area (including any subdivision of Lot 706, DP 753326, Centaur Road, Lavington, but excluding land owned by the Council and Crown land) does not exceed 17, and

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 7754 OFFICIAL NOTICES 14 September 2001

Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)

Amendments Schedule 1

(c) the available soils within the land to be subdivided are suitable for on-site effluent disposal, and (d) each new allotment to be created has a minimum area of 1 hectare. (2) The Council may consent to a subdivision in accordance with this clause despite clause 32.

34E Development of land owned by the Council or Crown land Land within the primary tip buffer area that is owned by the Council or is Crown land may be developed, with the consent of the Council, but only for purposes related to the orderly and efficient operation of the Albury Garbage Tip.

34F Development within Albury tip buffer areas generally (1) When assessing a development proposal in respect of land within any Albury tip buffer area, the Council may have regard to the requirements of clause 34B (2) (relating to the primary tip buffer area) and to the findings of Albury Waste Facility Surrounds Environmental Study prepared for the Council by Habitat Planning in September 1999. (2) A development control plan may provide more detail in respect of any buffer areas around Albury Garbage Tip.

[5] Clause 38 What is exempt development? Insert in the Table to clause 38 after the first bullet point in the Conditions to be met column relating to Bed and breakfast accommodation: • Not located within the primary tip buffer area

[6] Clause 39 What is complying development? Insert “on land within the primary tip buffer area, or” after “or” in clause 39 (3) (i).

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\00\e00-375-p02.810 12/9/01, 8:12a 14 September 2001 OFFICIAL NOTICES 7755

Inverell Local Environmental Plan 1988 (Amendment No 8)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S00/01403/PC)

ANDREW REFSHAUGE, M.P., Minister for for Urban Urban Affairs Affairs and and Planning Planning

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\01\e01-252-p01.809 12/9/01, 8:15a 7756 OFFICIAL NOTICES 14 September 2001

Clause 1 Inverell Local Environmental Plan 1988 (Amendment No 8)

Inverell Local Environmental Plan 1988 (Amendment No 8)

1 Name of plan This plan is Inverell Local Environmental Plan 1988 (Amendment No 8).

2 Aims of plan This plan aims to rezone the land to which this plan applies to Zone No 3 (the Business Zone) under Inverell Local Environmental Plan 1988.

3 Land to which plan applies This plan applies to parts of Lots A1, DP 410860, Lot 1, DP 517415 and Lot 535, DP 753287, known as part of 32–36 Campbell Street, Inverell, as shown edged heavy black and lettered “3” on the map marked “Inverell Local Environmental Plan 1988 (Amendment No 8)” deposited in the office of Inverell Shire Council.

4 Amendment of Inverell Local Environmental Plan 1988 Inverell Local Environmental Plan 1988 is amended by inserting in appropriate order in the definition of the map in clause 5 (1) the following words: Inverell Local Environmental Plan 1988 (Amendment No 8)

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\01\e01-252-p01.809 12/9/01, 8:15a 14 September 2001 OFFICIAL NOTICES 7757

Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N00/00305/S69)

ANDREW REFSHAUGE, M.P., Minister forfor Urban Urban Affairs Affairs and and Planning Planning

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\01\e01-099-p01.809 12/9/01, 8:14a 7758 OFFICIAL NOTICES 14 September 2001

Clause 1 Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)

Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)

1 Name of plan This plan is Lake Macquarie Local Environmental Plan 1984 (Amendment No 168).

2 Aims of plan This plan aims: (a) to reclassify the land to which this plan applies (that is used as an access to the Belmont Sportsman’s Club) from community to operational land within the meaning of the Local Government Act 1993, and (b) to rezone the land from Open Space (Public Recreation) to Open Space (Special Recreation) under Lake Macquarie Local Environmental Plan 1984.

3 Land to which plan applies This plan applies to part of Lot 817, DP 818217, Glover Street, Belmont, as shown edged heavy black on the map marked “Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)” deposited in the office of the Council of the City of Lake Macquarie.

4 Amendment of Lake Macquarie Local Environmental Plan 1984 Lake Macquarie Local Environmental Plan 1984 is amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\01\e01-099-p01.809 12/9/01, 8:14a 14 September 2001 OFFICIAL NOTICES 7759

Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1] Clause 7 Interpretation Insert in appropriate order in the definition of the map in clause 7 (1): Lake Macquarie Local Environmental Plan 1984 (Amendment No 168), Sheet 1

[2] Schedule 4 Classification and reclassification of public land as operational Insert in Part 2 of the Schedule after the entry for Glover Street, Belmont:

Glover Street— Part of Lot 817, DP 818217, as shown edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 1984 (Amendment No 168)”—Lake Macquarie Local Environmental Plan 1984 (Amendment No 168).

[3] Schedule 4, Part 2 Omit the heading “Toronto” where secondly occurring.

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 P:\ep\01\e01-099-p01.809 12/9/01, 8:14a 7760 OFFICIAL NOTICES 14 September 2001 Roads and Traffic Authority

ROADS ACT 1993 ROADS ACT 1993 Section 10 Section 10 Notice of Dedication of Land as Public Road at Warrawee Notice of Dedication of Land as Public Road at Swamp and Turramurra in the Ku-Ring-Gai Council area Oak Creek in the Tenterfield Shire Council area THE Roads and Trafc Authority of New South Wales The Roads and Traffic Authority of New South Wales dedicates the land described in the schedule below as public dedicates the land described in the schedule below as public road under section 10 of the Roads Act 1993. road under section 10 of the Roads Act 1993. D. J. LORSCHY, D. J. LORSCHY, Manager, Statutory Processes Manager, Statutory Processes Roads and Traffic Authority of New South Wales Roads and Traffic Authority of New South Wales

SCHEDULE SCHEDULE All those pieces or parcels of land situated in the Ku-Ring- All those pieces or parcels of land situated in the Tentereld Gai Council area, Parish of Gordon and County of Shire Council area, Parishes of Barney Downs and Timbarra Cumberland, shown as: and County of Clive, shown as Lots 12 to 15 inclusive Deposited Plan 1009986. Lot 1 Deposited Plan 328587; Lot 1 Deposited Plan 382768 (RTA Papers 16/430.1110) Lot 1 Deposited Plan 382175; Lot 1 Deposited Plan 439125; Lot 1 Deposited Plan 107702; ROADS ACT 1993 Lot A Deposited Plan 341501; Section 10 Lot 1 Deposited Plan 1029411; Lot 1 Deposited Plan 332876; Notice of Dedication of Land as Public Road at Brown Lot 1 Deposited Plan 330464; Mountain, Bemboka and Morans Crossing in the Bega Lot B Deposited Plan 317352; Valley Shire Council Area Lot 1 Deposited Plan 332601; THE Roads and Trafc Authority of New South Wales Lot 1 Deposited Plan 334880; dedicates the land described in the schedule below as public Lot 1 Deposited Plan 332600; road under section 10 of the Roads Act 1993. Lot 1 Deposited Plan 332598; Lot 1 Deposited Plan 334057; D. J. LORSCHY, Lot 1 Deposited Plan 109283; Manager, Statutory Processes, Lot 1 Deposited Plan 334660; Roads and Traffic Authority of New South Wales. Lot 1 Deposited Plan 336555; Lot 1 Deposited Plan 332599; Lot 1 Deposited Plan 334705; Lot 1 Deposited Plan 392990; SCHEDULE Lot 1 Deposited Plan 393290; All those pieces or parcels of land situated in the Bega Lot 1 Deposited Plan 391646; Valley Shire Council area, Parishes of Colombo, Mogila, Lot 1 Deposited Plan 440556; Bemboka and Numbugga and County of Auckland, shown Lot 1 Deposited Plan 161885; as: Lot 1 Deposited Plan 382208; Lot 1 Deposited Plan 1029215; Lots 1 to 14 inclusive Deposited Plan 241312; Lots 3 and 6 to 12 inclusive Deposited Plan 258654; The whole of the land in Conveyance No.431 Book Lots 15, 16 and 26 to 29 inclusive Deposited Plan 1564; and 239483; The whole of the land in Conveyance No.312 Book Lots 8 to 12 and 15 to 18 inclusive Deposited Plan 1659. 238477; Lots 9 to 12 and 15 to 24 inclusive Deposited Plan (RTA Papers: 10/238.11040). 239482; Lots 2 and 3 Deposited Plan 234910; and Lots 10 to 14 inclusive Deposited Plan 237634.

(RTA Papers: 4/298.1110).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7761

ROADS ACT 1993 Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996 Albury City Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule. JOHN ELLWOOD, Manager Planning & Engineering City of Albury (by delegation from the Minister for Roads)

Schedule 1. Citation This Notice may be cited as the City of Albury B-Doubles Notice No 1, 2001

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force until 1 February 2005 unless it is amended or repealed earlier.

4. Application 4.1 This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access) regulation 1996 and Schedule 4 to the Road Transport (Vehicles Registration) Regulation 1998.

5. Routes B-Double routes within the City of Albury

Type Road No Road Name Starting Point Finishing Point Conditions 25 000 Drome Street Borella Road North Street

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7762 OFFICIAL NOTICES 14 September 2001 Sydney Water

SEWER MAINS SYDNEY WATER SYDNEY WATER Sewer Mains Sewer Mains NOTICE is hereby given that sewer mains as described below and shown on plans which may be inspected at NOTICE is hereby given that sewer mains as described the Office shown below and at the Head Office of below and shown on plans which may be inspected at Sydney Water Corporation, have been laid and are the Office shown below and at the Head Office of available for connection. Sydney Water Corporation trading as Sydney Water, have been laid and are available for connection. Notice is also given that, in the opinion of Sydney Water, for the identified properties on the plans, it is Notice is also hereby given that, in the opinion of reasonably practical for sewerage to be discharged. Sydney Water, for the identified properties on the plans, it is reasonably practicable for sewage to be discharged. CITY OF BLACKTOWN, AT ROOTY HILL: CONTRACT NUMBER 961922S1, PROJECT NUMBER 3000528. SUTHERLAND SHIRE, AT CARINGBAH: PROJECT LINE 1 AND ITS APPURTENANT JUNCTIONS, NUMBER 381458, CONTRACT NUMBER 957773S1. SIDELINES AND INLETS SERVING BAINBRIDGE SIDELINE 1 AND ITS APPURTENANT JUNCTIONS, CRESCENT, ROSITANO PLACE AND RUPERTSWOOD SIDELINES AND INLETS SERVING OLEANDER ROAD. PARADE. Subject to the provisions of the Sydney Water Act SUTHERLAND SHIRE, AT GYMEA BAY: PROJECT 1994, the owners of all lands being identified properties NUMBER 3001222, CONTRACT NUMBER 396345F1. on the plans will be liable for payment of sewerage LINE 1 AND ITS APPURTENANT JUNCTIONS, service charges on and from the date of publicaiton of SIDELINES AND INLETS SERVING GYMEA BAY this notice. ROAD. ROBERT ROACH SUTHERLAND SHIRE, AT MIRANDA: PROJECT Developer Activity Officer NUMBER 380980, CONTRACT NUMBER 950097S0. Blacktown Commercial Centre SIDELINE 1 AND ITS APPURTENANT JUNCTIONS, SIDELINES AND INLETS SERVING KAREENA ROAD 14th September 2001. NORTH AND MILFORD ROAD. SUTHERLAND SHIRE, AT OYSTER BAY: PROJECT SYDNEY WATER NUMBER 381569, CONTRACT NUMBER 957701S9. Sewer Mains LINE 1 AND ITS APPURTENANT JUNCTIONS, SIDELINES AND INLETS SERVING COMO ROAD. Notice is hereby given that sewer mains as described below and shown on plans which may be inspected at SUTHERLAND SHIRE, AT SANDY POINT: PROJECT the Office shown below and at the head Office of Sydney NUMBER 3001029, CONTRACT NUMBER 966700S5. Water Corporation, have been laid and are available for LINE 1 AND ITS APPURTENANT JUNCTIONS, connection. SIDELINES AND INLETS SERVING ST GEORGE CRESCENT. Notice is also given that, in the opinion of Sydney Water, for the identified properties on the plans, it is Subject to the provisions of the Sydney Water Act reasonably practical for sewerage to be discharged. 1994 the owners of all lands being identified properties CITY OF WOLLONGONG, AT FIGTREE: CONTRACT on the plans will be liable for payment of sewerage NUMBER 970572W8, PROJECT NUMBER 3002229. service charges on and from the date of publication of LINE 1 AND ITS APPURTENANT JUNCTIONS, this notice. SIDELINES AND INLETS SERVING CANAAN BOB HOLLANDS AVENUE. Developer Activity Officer Subject to the provisions of the Sydney Water Act Sutherland Customer Centre 1994, the owners of all lands being identified properties Sutherland Council Chambers on the plans will be liable for payment of sewerage Eton Street, Sutherland service charges on and from the date of connection to 14th September 2001. these mains. MARGARET McTAINSH Developer Activity Officer 14th September 2001.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7763

SYDNEY WATER WATER MAINS Sewer Mains SYDNEY WATER Notice is hereby given that sewer mains as described Water Mains below and shown on plans which may be inspected at the Office shown below and at the head Office of Sydney NOTICE is hereby given that water mains as described Water Corporation, have been laid and are available for below and shown on plans which may be inspected at connection. the Office shown below and at the head Office of Sydney Water Corporation trading as Sydney Water, have been Notice is also given that, in the opinion of Sydney laid and are available for connection. Water, for the identified properties on the plans, it is reasonably practical for sewerage to be discharged. Notice is also given, that in the opinion of Sydney Water, for the identified properties on plans, it is CITY/MUNICIPALITY OF WILLOUGHBY, AT reasonably practical for water to be supplied. CHATSWOOD: CONTRACT NUMBER 951519S5, PROJECT NUMBER 352897. LINE 1 AND ITS SUTHERLAND SHIRE, AT ENGADINE: PROJECT APPURTENANT JUNCTIONS, SIDELINES AND NUMBER 100713, CONTRACT NUMBER 969564W3. INLETS SERVING MOWBRAY ROAD WEST. WATER MAINS NOW LAID AND SHOWN ON SAID PLAN AND CAPABLE OF SERVING IDENTIFIED CITY/MUNICIPALITY OF RYDE, AT WEST RYDE: PROPERTIES IN OLD PRINCES HIGHWAY. CONTRACT NUMBER 969975S2, PROJECT NUMBER 3001274. LINE 1 AND SIDELINE 1 AND THEIR Subject to the provisions of the Sydney Water Act APPURTENANT JUNCTIONS, SIDELINES AND 1994 the owners of all lands being identified properties INLETS SERVING DARWIN STREET. on plans will become liable for payment of water charges on and from the date of publication of this notice. CITY/MUNICIPALITY OF MANLY, AT BALGOWLAH: CONTRACT NUMBER 960339S4, PROJECT NUMBER BOB HOLLANDS, 3002350. LINE 1 AND ITS APPURTENANT Developer Activity Officer JUNCTIONS, SIDELINES AND INLETS SERVING Sutherland Customer Centre GRIFFITH STREET. 14th September 2001. CITY/MUNICIPALITY OF KU-RING-GAI, AT TURRAMURRA: CONTRACT NUMBER 975354S4, SYDNEY WATER PROJECT NUMBER 3002467. PROPERTY CONNECTION SEWER LINE 1 AND ITS Water Mains APPURTENANT JUNCTIONS, SIDELINES AND NOTICE is hereby given that water mains as described INLETS SERVING BOBBIN HEAD ROAD. below and shown on plans which may be inspected at Subject to the provisions of the Sydney Water Act the Office shown below and at the Head Office of 1994, the owners of all lands being identified properties Sydney Water Corporation, have been laid and are on the plans will be liable for payment of sewerage available for connection. service charges on and from the date of connection to Notice is also given, that in the opinion of Sydney these mains. Water, for the identified properties on plans, it is MARTHA AMADOR reasonably practical for water to be supplied. Developer Activity Officer CITY OF BLACKTOWN, AT ROOTY HILL: Chatswood CONTRACT NUMBER 961922W5, PROJECT 14th September 2001. NUMBER 1000224. WATER MAINS ARE NOW LAID AND CAPABLE OF SERVING IDENTIFIED PROPERTIES IN BAINBRIDGE CRESCENT AND ROSITANO PLACE. Subject to the provisions of the Water Board Act 1994 the owners of all lands being identified properties on plans will become liable for payment of water charges on and from the date of publication of this notice. ROBERT ROACH Developer Activity Officer Blacktown Commercial Centre 14th September 2001.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7764 OFFICIAL NOTICES 14 September 2001

SYDNEY WATER SYDNEY WATER Water Mains Water Mains NOTICE is hereby given that sewer mains as described NOTICE is hereby given that sewer mains as described below and shown on plans which may be inspected at below and shown on plans which may be inspected at the Office shown below and at the head Office of Sydney the Office shown below and at the head Office of Sydney Water Corporation have been laid and are available for Water Corporation have been laid and are available for connection. connection. Notice is also given, that in the opinion of Sydney Notice is also given, that in the opinion of Sydney Water, for the identified properties on plans, it is Water, for the identified properties on plans, it is reasonably practical for water to be supplied. reasonably practical for water to be supplied. COUNCIL OF CAMDEN, AT CATHERINE FIELD: CITY OF LIVERPOOL, AT VOYAGER POINT: CONTRACT NUMBER 971120 W8, PROJECT CONTRACT NUMBER 973639W2, PROJECT NUMBER 1000994. WATER MAINS ARE NOW LAID NUMBER 1000905. WATER MAINS ARE NOW LAID AND CAPABLE OF SERVING IDENTIFIED AND CAPABLE OF SERVING IDENTIFIED PROPERTIES IN CATHERINE FIELD ROAD. PROPERTIES IN PRATIA AND LOMANDRA CTS. Subject to the provisions of the Sydney Water Act Subject to the provisions of the Sydney Water Act 1994 the owners of all lands being identified properties 1994 the owners of all lands being identified properties on plans will become liable for payment of water charges on plans will become liable for payment of water charges on and from the date of publication of this notice. on and from the date of publication of this notice. MITKO BALALOVSKI JOAN BURCHELL Developer Activity Officer Developer Activity Officer Urban Development Liverpool Commercial Centre Liverpool Regional Office 14th September 2001. 14th September 2001.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7765 Other Notices

ABORIGINAL LAND RIGHTS ACT 1983 ABORIGINAL LAND RIGHTS ACT 1983 Exemption of Aboriginal Land from the Exemption of Aboriginal Land from the Payment of Rates Payment of Rates I, the Honourable ANDREW JOHN REFSHAUGE, M.P., I, the Honourable ANDREW JOHN REFSHAUGE, MP, Minister for Aboriginal Affairs, being of the opinion that Minister for Aboriginal Affairs, being of the opinion that special circumstances exist which warrant my doing so, special circumstances exist which warrant my doing so, DECLARE in pursuance of the provisions of section 43 of DECLARE in pursuance of the provisions of section 43 of the Aboriginal Land Rights Act 1983, that the lands the Aboriginal Land Rights Act 1983, that the lands described in the Schedule below and vested in the New described in the Schedule below and vested in the South Wales Aboriginal Land Council, be exempt from the Deerubbin Local Aboriginal Land Council, be exempt from payment of rates under the Local Government Act 1993. the payment of rates under the Local Government Act 1993. ANDREW REFSHAUGE, M.P., ANDREW REFSHAUGE, M.P., Minister for Aboriginal Affairs Minister for Aboriginal Affairs

SCHEDULE SCHEDULE L.G.A. – Richmond Valley Council L.G.A. – Penrith City Council Being Being Lot Number DP Number Address Lot Number DP Number Address 543 48550 Woodburn Street, Evans Head 544 48550 Woodburn Street, Evans Head 260 48637 92-122 Whitegates Road, 545 48550 Woodburn Street, Evans Head Londenderry 3 758403 71 Heath Street, Evans Head 211 752037 1-41 Galvin Road, Llandilo 9 758403 39 Heath Street, Evans Head 212 752037 137-191 Government Road, Berkshire Park 172, 173 752037 175-209 Spinks Road, Berkshrire Park ABORIGINAL LAND RIGHTS ACT 1983 Exemption of Aboriginal Land from the Payment of Rates I, the Honourable ANDREW JOHN REFSHAUGE, MP, DISTRICT COURT ACT 1973 Minister for Aboriginal Affairs, being of the opinion that Direction special circumstances exist which warrant my doing so, DECLARE in pursuance of the provisions of section 43 of PURSUANT to section 173 of the District Court Act 1973, the Aboriginal Land Rights Act 1983, that the lands I direct that the District Court shall sit in its criminal described in the Schedule below and vested in the Bogal jurisdiction at the place and time shown as follows: Local Aboriginal Land Council, be exempt from the payment Cessnock 10.00 a.m. 17 September 2002 of rates under the Local Government Act 1993. East Maitland 10.00 a.m. 24 September 2001 ANDREW REFSHAUGE, M.P., Dated this 10th day of September 2001. Minister for Aboriginal Affairs R. O. BLANCH, Chief Judge SCHEDULE District Court of New South Wales L.G.A. – Richmond Valley Council Being

Lot Number DP/Other No. Address DISTRICT COURT RULES 1973 1, 3, 14, Part Box Ridge, Coraki 15, 16 Portion 316 Direction 25 264595 West Coraki BY this direction made under Part 51A rule 1(2) of the District 358 48494 West Coraki, Adjacent to the Court Rules 1973, I specify Coffs Harbour to be a prescribed Reserve place for the purpose of section 63A of the District Court 41 48752 Summerland Way, Whiporie Act 1973, for the week commencing 17 September 2001, 190 755603 Moonem, New Italy instead of 18 September 2001. 292 755631 4 Richmond Terrace, Coraki 175 755631 West Coraki, Adjacent to the I further direct under Part 51A rule 1(2) of the District Reserve Court Act Rules 1973, that Penrith be a prescribed place for NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7766 OFFICIAL NOTICES 14 September 2001 the purpose of section 63A of the District Court Act 1973, HUNTER WATER ACT 1991 for the week commencing 29 January 2002. LAND ACQUISITION (JUST TERMS Dated this 12th day of September 2001 COMPENSATION) ACT 1991 R. O. BLANCH, Chief Judge Compulsory Acquisition

Fishing Point Sewerage Scheme

EDUCATION ACT 1990 THE Minister for Information Technology, Minister for Energy, Minister for Forestry and Minister for Western Naming Of A Government School Sydney with the approval of Her Excellency the Governor, declares that the easements described in the schedule below PURSUANT to Part 6, section 27 (2) of the Education Act are acquired by compulsory process under the provisions 1990, I hereby rename Allambie School (school code 5656) of the Land Acquisition (Just Terms Compensation) Act located at 5 Aquatic Drive, Frenchs Forest 2086, 1991 and it is further notified that the easements or rights “Arranounbai School” as proposed by the school are vested in the Hunter Water Corporation. community. Dated at Sydney this 14th day of August 2001 Dated this 27th day of July 2001. KIMBERLY MAXWELL YEADON, M.P., JOHN AQUILINA, M.P., Minister for Information Technology, Minister for Education and Training Minister for Energy, Minister for Forestry and Minister for Western Sydney

GEOGRAPHICAL NAMES ACT 1966 SCHEDULE

ERRATUM Interest in Land

IN the notice referring to the definition of a new suburb and Easement rights as described under the heading seventeen amendments to suburb boundaries in Lake Easement for Sewage Pump in Memorandum O352656 filed Macquarie City in the Government Gazette of 10 August in the Land and Property Information New South Wales 2001, folio 5992, in the first paragraph, the words ‘and over the site shown as:- Wallsend’ should read ‘and increasing the extent of West “(P) PROPOSED EASEMENT FOR SEWER PUMPING Wallsend’. In the list of suburbs in paragraph two the line STATION VARIABLE WIDTH” in Deposited Plan ‘Valentine and Belmont’ should read ‘Floraville, Valentine 269500 within land delineated as Reserve in Deposited and Belmont’. Plan 11538 off Sealand Road Fishing Point which is WARWICK WATKINS, bounded by part of the south eastern boundary of Lot Chairperson 91, the southern western boundaries of Lot 90, Lot 89, lane and Lot 88, part of the north western boundary Geographical Names Board of Lot 87 and the high water mark of Lake Macquarie, PO Box 143, BATHURST NSW 2795 being part of the residue of the land in Certificate of Title Volume 1772 Folio 134. Easement rights as described under the heading Easement for Sewermain in Memorandum O352656 filed in GEOGRAPHICAL NAMES ACT 1966 the Land and Property Information New South Wales over the site shown as:- ERRATUM “(Q) PROPOSED EASEMENT TO DRAIN SEWERAGE IN the notices referring to the assignment of names and 4 WIDE” in Deposited Plan 269500 within land boundaries for localities in Tumut Council area, Government delineated as Reserve in Deposited Plan 11538 off Gazette, Folio 7465, 31 August 2001. The following names Sealand Road Fishing Point which is bounded by were omitted and should be added to the list of geographical part of the south eastern boundary of Lot 91, the south names listed as Localities to be used as an address to the western boundaries of Lot 90, Lot 89, lane and Lot areas indicated on map GNB3809. 88, part of the north western boundary of Lot 87 and the high water mark of Lake Macquarie, being part Mount Adrah and Cooleys Creek of the residue of the land in Certificate of Title Volume WARWICK WATKINS, 1772 Folio 134. Chairperson. (C5/11325) Geographical Names Board PO Box 143, BATHURST NSW 2795.

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PARENTS AND CITIZENS ASSOCIATIONS Limit the speed of vessels of the Class set out hereunder INCORPORATION ACT 1976 in the area of navigable waters described in the First Column of the “Table of Area and Maximum Speed” set out Incorporation Of Parents And Citizens Associations hereunder, to a speed not exceeding that stated opposite THE following associations are hereby incorporated under that area in the Second Column of that “Table of Area and the Parents and Citizens Associations Incorporation Act Maximum Speed”. 1976. Class – All vessels propelled by mechanical power, except 1. Boorowa Central School Parents and Citizens vessels engaged in an activity authorised under Association an Aquatic Licence issued by the Waterways 2. Cabramatta Public School Parents and Citizens Authority pursuant to Clause 8 of the Water Association Traffic Regulations – NSW. 3. Irrawang Public School Parents and Citizens Dated this 11th day of September 2001. Association MATTHEW TAYLOR, 4. Mangoplah Public School Parents and Citizens Chief Executive Association Waterways Authority 5. North Rocks Public School Parents and Citizens Association JOHN AQUILINA, M.P., TABLE OF AREA AND MAXIMUM SPEED Minister for Education and Training First Column Second Column Curalo Lagoon Area: Four Knots The navigable waters PARENTS AND CITIZENS ASSOCIATIONS of the whole of Curalo INCORPORATION ACT 1976 Lagoon and its tributarie s upstream from its entrance Incorporation Of Parents And Citizens Associations with the Tasman Sea. THE following associations are hereby incorporated under the Parents and Citizens Associations Incorporation Act 1976. NATIONAL PARKS AND WILDLIFE ACT 1974 1. Five Dock Public School Parents and Citizens PROCLAMATION Association I, Professor MARIE BASHIR, AC, Governor of the State of 2. Irrawang High School Parents and Citizens New South Wales, with the advice of the Executive Council Association and in pursuance of the powers vested in me under section 3. Michelago Public School Parents and Citizens 33 (3) of the National Parks and Wildlife Act 1974, do by Association this my Proclamation, reserve such of the lands described hereunder as are prescribed lands within the meaning of 4. Minnamurra Public School Parents and Citizens section 33 (1) of the National Parks and Wildlife Act, 1974, Association as part of Kosciuszko National Park. 5. Rutherford Public School Parents and Citizens Signed and sealed at Sydney this 30th day of August Association 2001. 6. Wauchope Public School Parents and Citizens MARIE BASHIR, Association Governor 7. Weethalle Public School Parents and Citizens By Her Excellency’s Command Association CARMEL TEBBUTT, JOHN AQUILINA, M.P., Acting Minister For The Environment Minister for Education and Training GOD SAVE THE QUEEN!

Description MARITIME SERVICES ACT 1935 Land District – Goulburn; L.G.A. – Bombala Notification Limitation Of Speed Of Vessels Within County Wellesley, Parish Alexander, about 2.4 hectares, Certain Navigable Waters being the whole of Travelling Stock Reserve No. 85452 notified 10 September 1965. NPWS F/4143. THE Waterways Authority (the Authority), in pursuance of the provisions of section 13SA of the Maritime Services Note: Travelling Stock Reserve No. 85452 notified Act 1935, does, from the date of publication of this 10 September 1965 is hereby revoked by virtue of notification in the Government Gazette; this proclamation.

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PESTICIDES ACT 1999 Brigades purposes, but now being superfluous) for such consideration and in such manner and upon such terms Notice under Section 48 (4) and conditions and subject to such easements, covenants, NOTICE is hereby given, pursuant to section 48 (4) of the provisions, exceptions and reservations as the Minister for Pesticides Act 1999, that I have granted an Aircraft Emergency Services may deem expedient, and that the (Pesticide Applicator) Licence, particulars of which are purchase money arising from such sale be applied as the stated in the Schedule. Minister for Emergency Services shall direct. ALAN RITCHIE, BOB DEBUS, M.P., Manager Dangerous Goods Minister for Emergency Services Environment Protection Authority by delegation SCHEDULE All that piece or parcel of land situate at Tolland in the S C H E D U L E Local Government Area of Wagga Wagga, Parish of South Wagga Wagga and County of Wynyard being Part Lot 146 Pilot (Pesticide Rating) Licence in Deposited Plan 239007 and being the whole of the land in Certificate of Title in Volume 11287 Folio 152. Date of Granting of Name and Address of Licensee Licence Mr Peter James SUMMERFIELD 6 September 2001 146 Mailors Flat Road DISPOSAL OF SITE Koroit VIC 3282 Mrs Elizabeth Georgina 7 September 2001 18 Ivor Street, Telarah – Premises Ralston HANNA HER Excellency the Governor, with the advice of the 390 Henry Lawson Drive Executive Council, approve the sale by the Minister for Milperra NSW 2214 Emergency Services of the land described in the Schedule Note: This is a replacement card for the licence issued on hereto (such land having been purchased for the Fire 7 September 1998 due to change of name of licence Brigades purposes, but now being superfluous) for such holder. consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, provisions, exceptions and reservations as the Minister for DISPOSAL OF SITE Emergency Services may deem expedient, and that the purchase money arising from such sale be applied as the 99-101 Brisbane Road, St Johns Park Minister for Emergency Services shall direct. HER Excellency the Governor, with the advice of the BOB DEBUS, M.P., Executive Council, approve the sale by the Minister for Minister for Emergency Services Emergency Services of the land described in the Schedule hereto (such land having been purchased for the Fire Brigades purposes, but now being superfluous) for such SCHEDULE consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, All that piece or parcel of land situate at Telarah in the provisions, exceptions and reservations as the Minister for Local Government Area of Maitland, Parish of Maitland and Emergency Services may deem expedient, and that the County of Northumberland being Part Lots A and B in purchase money arising from such sale be applied as the Deposited Plan 402410 and being the whole of the land in Minister for Emergency Services shall direct. Certificate of Title in Volume 7741 Folio 93 and Volume 7741 Folio 94. BOB DEBUS, M.P., Minister for Emergency Services

DISPOSAL OF SITE SCHEDULE 2-6 College Avenue, Oak Flats – Vacant Land All that piece or parcel of land situate at St Johns Park in HER Excellency the Governor, with the advice of the the Local Government Area of Fairfield, Parish of St. Luke Executive Council, approve the sale by the Minister for and County of Cumberland being Part Lot 18 in Deposited Plan 1327 and being the residue of the land in Certificate of Emergency Services of the land described in the Schedule hereto (such land having been purchased for the Fire Title in Volume 4771 Folio 213. Brigades purposes, but now being superfluous) for such consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, DISPOSAL OF SITE provisions, exceptions and reservations as the Minister for 30 Nixon Crescent, Tolland – Premises Emergency Services may deem expedient, and that the purchase money arising from such sale be applied as the HER Excellency the Governor, with the advice of the Minister for Emergency Services shall direct. Executive Council, approve the sale by the Minister for Emergency Services of the land described in the Schedule BOB DEBUS, M.P., hereto (such land having been purchased for the Fire Minister for Emergency Services NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7769

SCHEDULE DISPOSAL OF SITE All that piece or parcel of land situate at Oak Flats in the 55 Bridge Street, Coniston – Premises Local Government Area of Shellharbour, Parish of South HER Excellency the Governor, with the advice of the Terragong and County of Camden being Lots 2001, 2002 and 2003 in Deposited Plan 263662 and being the whole of Executive Council, approve the sale by the Minister for Emergency Services of the land described in the Schedule the land in Certificate of Title in Volume 15092 Folio1, Volume hereto (such land having been purchased for the Fire 15092 Folio 2 and Volume 15092 Folio 3. Brigades purposes, but now being superfluous) for such consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, provisions, exceptions and reservations as the Minister for DISPOSAL OF SITE Emergency Services may deem expedient, and that the purchase money arising from such sale be applied as the 19 Fairbairn Crescent, Kooringal Minister for Emergency Services shall direct. HER Excellency the Governor, with the advice of the BOB DEBUS, M.P., Executive Council, approve the sale by the Minister for Minister for Emergency Services Emergency Services of the land described in the Schedule hereto (such land having been purchased for the Fire Brigades purposes, but now being superfluous) for such SCHEDULE consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, All that piece or parcel of land situate at Coniston in the provisions, exceptions and reservations as the Minister for Local Government Area of Wollongong, Parish of Emergency Services may deem expedient, and that the Wollongong and County of Camden being Lot 3 in Deposited purchase money arising from such sale be applied as the Plan 8792 and being the whole of the land in Certificate of Minister for Emergency Services shall direct. Title in Volume 5364 Folio 101. BOB DEBUS, M.P., Minister for Emergency Services DISPOSAL OF SITE 55 Bridge Street, Coniston – Premises SCHEDULE HER Excellency the Governor, with the advice of the All that piece or parcel of land situate at Kooringal in the Executive Council, approve the sale by the Minister for Local Government Area of Wagga Wagga, Parish of South Emergency Services of the land described in the Schedule Wagga Wagga and County of Wynyard being Lot 3 in hereto (such land having been purchased for the Fire Deposited Plan 564453 and being the whole of the land in Brigades purposes, but now being superfluous) for such Certificate of Title in Volume 12304 Folio 224. consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, provisions, exceptions and reservations as the Minister for Emergency Services may deem expedient, and that the DISPOSAL OF SITE purchase money arising from such sale be applied as the Boorowa Fire Station – Premises Minister for Emergency Services shall direct. HER Excellency the Governor, with the advice of the BOB DEBUS, M.P., Executive Council, approve the sale by the Minister for Minister for Emergency Services Emergency Services of the land described in the Schedule hereto (such land having been purchased for the Fire Brigades purposes, but now being superfluous) for such SCHEDULE consideration and in such manner and upon such terms All that piece or parcel of land situate at Coniston in the and conditions and subject to such easements, covenants, Local Government Area of Wollongong, Parish of provisions, exceptions and reservations as the Minister for Wollongong and County of Camden being Lot 4 in Deposited Emergency Services may deem expedient, and that the Plan 8792 and being the whole of the land in Certificate of purchase money arising from such sale be applied as the Title in Volume 5160 Folio 20. Minister for Emergency Services shall direct. BOB DEBUS, M.P., Minister for Emergency Services DISPOSAL OF SITE 61 Timberi Street, Dapto SCHEDULE HER Excellency the Governor, with the advice of the All that piece or parcel of land situate at Boorowa in the Executive Council, approve the sale by the Minister for Local Government Area of Boorowa, Parish of Boorowa Emergency Services of the land described in the Schedule and County of King being Lot 2 in Deposited Plan 235937 hereto (such land having been purchased for the Fire and being the whole of the land in Certificate of Title in Brigades purposes, but now being superfluous) for such Volume 10751 Folio 38. consideration and in such manner and upon such terms

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7770 OFFICIAL NOTICES 14 September 2001 and conditions and subject to such easements, covenants, provisions, exceptions and reservations as the Minister for Emergency Services may deem expedient, and that the purchase money arising from such sale be applied as the Minister for Emergency Services shall direct. BOB DEBUS, M.P., Minister for Emergency Services

SCHEDULE All that piece or parcel of land situate at Dapto in the Local Government Area of Wollongong, Parish of Calderwood and County of Camden being Lot 40 in Deposited Plan 216775 and being the whole of the land in Certificate of Title in Volume 9425 Folio 90.

DISPOSAL OF SITE 33 Cedar Street, Katoomba – Premises HER Excellency the Governor, with the advice of the Executive Council, approve the sale by the Minister for Emergency Services of the land described in the Schedule hereto (such land having been purchased for the Fire Brigades purposes, but now being superfluous) for such consideration and in such manner and upon such terms and conditions and subject to such easements, covenants, provisions, exceptions and reservations as the Minister for Emergency Services may deem expedient, and that the purchase money arising from such sale be applied as the Minister for Emergency Services shall direct. BOB DEBUS, M.P., Minister for Emergency Services

SCHEDULE All that piece or parcel of land situate at Katoomba in the Local Government Area of Blue Mountains, Parish of Megalong and County of Cook being Lot 34 in Section P2 in Deposited Plan 2060 and being the whole of the land in Certificate of Title in Volume 10493 Folio 2.

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ANNUAL REPORT AND DETERMINATION OF ADDITIONAL ENTITLEMENTS FOR MEMBERS OF THE PARLIAMENT OF NEW SOUTH WALES

by the

PARLIAMENTARY REMUNERATION TRIBUNAL

pursuant to the

Parliamentary Remuneration Act 1989

15 AUGUST 2001

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PARLIAMENTARY REMUNERATION ACT 1989 REPORT PURSUANT TO SECTION 13(1) OF THE ACT

INTRODUCTION

On 29 June 2001 the Parliamentary Remuneration Tribunal (“the Tribunal”) issued a draft determination as to the provision of additional entitlements for Members of the Parliament of New South Wales arising from the annual determination for the year 2001. The Report which accompanied the draft determination was as follows:

Section 11 of the Parliamentary Remuneration Tribunal Act 1989 (“the Act”) prescribes that the Parliamentary Remuneration Tribunal (“the Tribunal”) shall make an annual determination as to the additional entitlements for Members and Recognised Office Holders (as defined under the Act) on or before 1 June in each calendar or on such later date as the President of the Industrial Relations Commission of NSW determines.

Section 13 (1) of the Act requires that the Tribunal make a report to the President of the Industrial Relations Commission of NSW for each determination made by the Tribunal. The President is then required as soon as practicable after receipt of the report to forward it to the Minister (see section 13(2)).

On 15 February 2001 the Tribunal commenced proceedings in relation to the annual determination required for the year 2001 by writing to all Members and inviting submissions.

The Tribunal received submissions from the Presiding Officers, the major political parties and some individual Members. The issues that were raised canvassed a broad range of matters dealing with particular aspects of the Tribunal’s Determination of 4 December 2000.

The Annual Report and Determination of 4 December 2000 (the 2000 Determination) considered the entitlements of Members which had been established by the Initial Report and Determination of the Tribunal in December 1999 (“ID”). The genesis of the ID was the amendments to the Act made in 1998.

The ID introduced significant changes to the additional entitlements afforded Members and Recognised Office Holders including changes which fundamentally altered the conditions for the provision of such additional entitlements. In some significant areas the ID was made having regard to opinions received from the Crown Solicitor as to the operation of the Act.

The ID was to take effect on and from 1 January 2000. However, on 7 February 2000, the Hon Bob Carr MP, Premier of NSW, directed, pursuant to section 12(1)of the Act, that the Tribunal consider whether a special determination should be made in relation to the date of implementation of the ID. Having had regard to the scope of the ID, the various financial and budgetary considerations relating to it and the intended review of it within the annual determination process for the year 2000, the Tribunal determined that the date of operation of the ID would be varied.

As a result of that special determination (which was made on 11 February 2000) the date of operation of the ID was varied to 1 July 2000, subject to any variation in consequence of the 2000 Determination.

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During the course of the year 2000 annual determination proceedings the Tribunal advised that it intended to determine, as part of the annual determination process, whether date of operation of the ID would be varied to coincide with the date of operation of the annual determination.

The review occasioned in the year 2000 annual determination proceedings was lengthy and complex. Detailed submissions were received from the major political parties, the Presiding Officers, individual Members, the Premier’s Department, the Public Service Association and the Independent Commission Against Corruption.

Broadly, the submissions received as part of the year 2000 annual determination proceeding sought changes to the initial determination in three broad areas:

1. The provisions concerning financial management provisions and accountability;

2. The provisions relating to the repayment of the unspent portion of allowances;

3. Other miscellaneous changes including submissions seeking increases in the rates determined for the various entitlements as well as an expansion of entitlements to cover newer aspects of parliamentary duties.

Further, the parties to the proceeding debated a range of legal issues as to the construction of the Act and other issues concerning the legal obligations of Members and the financial management of such entitlements. In part, the considerations involved a consideration of the opinion expressed by the Crown Solicitor which had been taken into account in the Tribunal in reaching its ID. Further, it should be noted that the Presiding Officers produced an extensive set of proposals for changes in the conditions of Members which required the Tribunal to consider, in some detail, various facets of the additional entitlements for the Members and Recognised Office Holders including the terms under which the entitlements were granted and financial management considerations.

Following the review, the Tribunal issued a Draft Report and Determination on 13 November 2000 and sought comments from interested parties by 24 November 2000. After consideration of further submissions then received the Tribunal made the 2000 Determination.

This introduction serves to illustrate that over the past two years there has been a very comprehensive review of Members entitlements undertaken by the Tribunal. This is the context in which the Tribunal comes to consider submissions made by interested person in the year 2001 annual determination proceedings.

The following sections of this draft Report outline the various submissions received in respect of the 2001 annual determination and provides the Tribunal’s preliminary conclusions with respect to same (giving rise to a draft determination). As with the 2000 annual determination review process, the Tribunal has decided to issue a draft Report and Determination to provide interested parties with the opportunity to make any further submissions they may wish with respect of the proposed additional entitlements specified therein.

Any person or body who has previously made submissions in the 2001 annual determination proceedings may make additional submissions in relation to the draft review and determination. Submissions should specifically address the provisions of the determination and should avoid repetition of earlier submissions made. Those submissions are to be received by the Executive Officer for the Tribunal by 4pm Friday 13 July 2001. Submissions will not be accepted after this date.

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Submissions received in 2001 Annual Determination proceedings

The Tribunal received extensive submissions in the proceedings. It is not feasible to identify in detail the entirety of the submissions made or give detailed reasons as to the Tribunal’s conclusions with respect to each contention advanced.

In some cases the submissions warranted acceptance without the need for detailed separate reasons being provided by the Tribunal. In a number of cases, however, those submissions simply repeated earlier submissions which had been made during the 2000 Determination proceedings. In circumstances where no additional material or fresh argument has been raised to warrant a departure from the 2000 Determination the submissions have been rejected. Further, a number of these proposals sought adjustments to entitlements which were not warranted given that the existing prescription amply dealt with the matters raised in such submissions.

The following sections concern the Tribunal’s deliberations in those areas which, in the view of the Tribunal, raise new or special issues which require more detailed reasons as to the determination made by the Tribunal.

Presiding Officers Submission

The legislation imposes on the Tribunal an obligation to determine additional entitlements and provide the rules on how they are to be used. One of the features of the current determination is the use of general conditions to govern the use of entitlements. This was an intentional feature of the 2000 Determination as the Tribunal had wished to avoid any reversion to the previous complex and prescriptive regime of conditions governing entitlements.

Notwithstanding these broad observations, it must be noted that the 2000 determination does contain a significant amount of detail as to the administration and management of the scheme for additional entitlements. This has been brought about, in part, due to the legislative requirements which impose a greater degree of accountability on members and the general community expectation for higher levels of transparency in the expenditure of public funds. It has also come about because of specific requests for the Presiding Officers to introduce new rules and guidelines which, one the one hand, are designed to enhance accountability and/or transparency in the use of entitlements by Members and, on the other, seek to have the Tribunal simply resolve a range of what might be described as ordinary administrative issues.

The Tribunal considers that, so far as practicable, it should avoid the establishment of conditions providing for the minutiae of administrative arrangements applicable to Members entitlements. This is a role that may be appropriately carried out by the Presiding Officers.

This is the context in which the detailed set of prescriptions sought by the Presiding Officers into the present matter have been considered. The Tribunal annexes a copy of the Presiding Officers’ submission as Annexure 1 to this Report.

In many instances, once the conditions applicable to particular general entitlements and conditions have been determined administrative procedures in relation to these matters should be left to the Presiding Officers who are the administrators of the scheme. For example, the Tribunal has required that Members provide evidence of their attendance in Sydney on parliamentary business to receive the Sydney Allowance. It has, however, left the type of evidence required at the discretion of the Presiding Officers to give effect to this rule.

The system of additional entitlements has been developed gradually by the Tribunal. Each annual review will see refinements in that system. The Tribunal would be assisted greatly in its reviews if there were a greater degree of consultation between Members and the Presiding Officers as to the types of changes that may be required. Particular interpretations of the Determination can be sought from time to time if required.

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The following aspects of the Presiding Officers’ submission require, however, particular attention. The Tribunal decision in each case appears below:

1. Audit of Members’ entitlements accounts to be conducted on a three year cycle. This proposal has been rejected as the annual audit was a vital component of accountability measures in the 2000 Determination.

2. Accounts to be submitted for payment within 90 days. The qualification proposed by the Presiding Officers would, in the view of the Tribunal, create unnecessarily complex and unworkable criteria in relation to additional entitlements.

3. Separate electorate to Sydney travel entitlement for spouses and approved relatives The Logistic Support Allocation was calculated so as to include provision for spouse travel. There is insufficient evidence to demonstrate why the Logistic Support Allocation should now be further adjusted in relation to this matter.

4. Amend the “Transport” particular conditions in respect of Members’ staff travel. There is no basis demonstrated as to why the Tribunal should, of itself, determine conditions for staff in this respect. There are well established mechanisms for the review of such conditions for staff outside of the purview of the Tribunal.

5. Reversal of the condition imposed in the 2000 Determination that Members pay the full amount of their electronic communication account and then seek reimbursement for the public use component form the Parliament. Upon the submission of the Presiding Officers, the Tribunal introduced a condition requiring Members to pay their electronic accounts in the first instance and seek reimbursement for the public use component from their Logistic Support Allocation. The Tribunal was also requested to include a condition requiring the Financial Controller to undertake a survey of Members telephone usage to ascertain the private/public use components. It was submitted that this was a Australian Taxation Office requirement to ensure no Fringe Benefits Tax was paid on the incidental private use component of Members’ telephone accounts.

The Tribunal has been now informed by the Presiding Officers that both of these conditions have caused some concern to Members. In the result, a review of the conditions imposed in the 2000 Determination is sought.

The Tribunal has undertaken a review of these conditions in the light of this reformulation of the Presiding Officers submission and in the light of submissions received by Members as to the new accountability requirements of the 2000 Determination. The Tribunal has also considered the conditions imposed in other relevant sections where a case has been established for a relaxation of this condition.

The current condition requires Members to pay essentially business costs from their own funds and then seek reimbursement. The administration and management facility earlier sought by the Presiding Officers needs to be counter-balanced against considerations going to the effective workings of the systems governing additional entitlements (exposed during these proceedings). Furthermore, it would appear that changes can be made to the existing determination without infringing upon financial controls or accountability considerations.

Officers in the public sector do not have to pay total telephone accounts but only the private use proportion. The Tribunal sees no reason why the same principle should not apply to Members and will, in this determination, amend the relevant condition accordingly.

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Electoral Allowance

In the ID, the Tribunal increased the quantum of this allowance by 2.1 percent to reflect CPI movements for the period July 1997 to June 1999. The Tribunal noted that:

“The redistribution may have resulted in changes in electorates which warrants a more substantial adjustment that arises from a CPI increase in the allowance. However, no submissions were received by the Tribunal in relation to that matter. Further, the Tribunal has partly compensated for the effects of the redistribution by some alterations in electorate groupings.

The Tribunal will reconsider the quantum of the electorate allowance, having regard to particular impacts of the redistribution or other factors in its deliberations for the year 2000 annual determination. The Tribunal will ensure in this review that no double counting occurs as a result of the changes in groupings of electorates. Any submissions going to the quantum of the allowance should be received by 1 April 2000.”

The Tribunal received submissions as part of the 2000 Annual Review proceedings based upon this intimation in the ID. In those submissions it was contended that the electoral allowance did not adequately reflect the changed economic circumstances, the introduction of the GST or additional costs associated with the 1999 redistribution of electorates. It was also put to the Tribunal that there should be an increase in the electorate allowance commensurate with the increase in number of electors ie an average of 12 percent.

In its annual Report of 4 December 2000 the Tribunal made the following observations in respect of the quantum of the electorate allowance.

“Quantum of Electoral allowance

The Tribunal received submissions from some Members and organisations arguing for an increase in the quantum of the electoral allowance specified in the draft determination. It should be noted that some of the arguments raised in support of this contention (and the information advanced in support of same) were entirely new in the sense that they had not been advanced at any earlier stage of the proceedings. Some of the submissions were also erroneous. For example, a submission was put as to the appropriate effect of CPI increases without recognising that the Tribunal had awarded in the draft determination an increase in allowance which represented a 2.1% CPI adjustment (arising from the initial determination) from the period 1 July 1997 to 30 June 1999 and 3.2% for the 12 month period ending 30 June 2000. These are reasonably generous adjustments by community and industrial standards.

The Tribunal has also considered submissions dealing with a variety of other matters such as the reconstitution of electorates. However, these considerations need to be balanced against the already substantial averaging undertaken in the assessment of the electoral allowance and the contentions advanced by Members as to potential losses occasioned by any repayment provisions in relation to the electoral allowance.

The Tribunal has decided that the draft determination will not be altered with respect to quantum of electoral allowances. The Tribunal is, however, prepared to consider in the future, on a case by case basis, the particular circumstances of individual Members which might warrant an adjustment to electoral allowances for a particular group or zone.”

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Submissions were received on this occasion contending for an increase in the allowance along similar grounds to those advanced in the ID and year 2000 annual determination proceedings. No case has been made for a departure from the Tribunal’s findings in the 2000 Determination. Having regard to the previous approach of the Tribunal to adjustments in the allowance (and its expenses related nature) the Tribunal will, however, increase the allowance in line the adjustments in the Consumer Price Index increase since the last adjustment in the allowance by the Tribunal ie 6 percent.

Sydney Allowance

The Sydney allowance is provided to Members who reside in non-metropolitan electorates to compensate for the additional costs including commercial accommodation, meals and incidental costs associated with staying in Sydney to attend sessions of Parliament, meetings of Parliamentary committees or other Parliamentary business.

For the purpose of this allowance the non-metropolitan electorates (Electorate Groups 2-8) have been divided into two categories based on distance from Sydney. Members whose principal place of residence is in either Category 1 or Category 2 electorates, as specified in Schedule 2, are eligible to receive the Sydney allowance.

In the ID the Tribunal made a number of changes to the operation of the allowance. Further, in order to better reflect its purpose the allowance was retitled as the “Sydney Allowance” and the internal barriers as to the number of occasions the allowance could be used for “other parliamentary duties” was removed.

The Tribunal also considered the quantum of the allowance and noted:

“…that the Sydney Allowance has not been increased since 1997. For this determination the Tribunal has examined the movements in the CPI data for cost of living increases in Sydney since 1997 (June Quarter) and has determined that these allowances will be increased by 2.1%. This will allow a basic cost of living adjustment to the allowances.

The overnight rate for the Sydney allowance is to increase from $147 to $150 per night.

The maximum annual amount available to each Member in category 1 electorates shall be $13,500 (based on a maximum of 90 nights at $150 per night).

The maximum annual amount available to each Member in category 2 electorates shall be $18,000 (based on a maximum of 120 nights at $150 per night).”

The Tribunal did indicate in it would be examining further both the quantum of the allowance and the methodology used to determine the quantum as part of the 2000 annual review. The Tribunal stated:

“Historically this allowance has been determined in a number of ways involving reviews of movements in accommodation for a sample selection of hotels and motels in Sydney; using consumer price index data for cost of living increases in Sydney as well as looking at movements in similar allowances in other jurisdictions.

In the absence of any submissions directed to the issue, the Tribunal considered that it was inappropriate to simply apply previous methodologies used in assessing the allowance (which methodologies in any event appear to have varied over time). The Tribunal will review both the methodologies for assessing the allowance and the quantum of the allowance in the year 2000 annual determination. Submissions should be received in relation to those matters (and other matters concerning the Sydney allowance) by 1 April 2000.”

During the 2000 annual determination proceedings Members provided a range of recommendations in respect of the Sydney Allowance. An additional number of overnight stays were sought by some office

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holders. The quantum of the allowance was also addressed in the submissions with various recommendations being made to increase the daily rate. These contentions varied with Members recommending various adjustments to the allowance in a range extending from $209 per day to $259 per day. Various submissions were put forward in support of the increases proposed. The most commonly put submission was that there had occurred increases in the motel/hotel accommodation rates as a result of the GST and that rental accommodation has increased due the escalation in Sydney property prices.

In addition some submissions sought to limit the allowance to a daily rate whereas other submissions argued to retain the annual allowance as it better suited members who had purchased property in Sydney.

The Tribunal’s consideration of these matters was expressed in the following terms;

Sydney Allowance

The Parliament proposed that the Sydney Allowance be restricted to a daily rate. This proposition was advanced having regard to the requirement to repay the unspent portions of the annual Sydney allowance and having regard to various taxation and administrative considerations. The Tribunal considers that there has not, as yet, been demonstrated a sufficient case for the abolition of the annual component of the Sydney allowance but will reconsider this matter, if appropriate submissions are made, during the annual determination for the year 2001. If necessary, the removal of the transit rate can be considered at the same time.

The Liberal and National Parties proposed adjustments to the quantum of the allowance and also that the unused portion of the allowance not be repaid. As to the second of those considerations, the Tribunal does not depart from the conclusions which it reached in the initial determination and its Statement. Both the Sydney allowance and the fixed allocations require appropriate accountability provisions which include in the Tribunal’s view, the repayment provisions specified in the draft determination.

As regard to the quantum, the submission fails to recognise the historical, underlying principle governing the determination of the allowance. That is, that members will be required to spend a considerable period of time each year in Sydney on parliamentary business, and as such should be making longer term accommodation arrangements. The rate determined is lower than the ad hoc overnight rate (where commercial hotel accommodation is envisaged), because it is expected that Members will find cheaper accommodation when in Sydney. No evidence was presented to warrant a contrary conclusion being reached and some of the submissions alluding to private accommodation arrangements would seem to support the retention of the principle.

It should also be noted that the quantum of the Sydney allowance was adjusted in both the initial determination and the draft determination so as to maintain the real value of the provision. If a case is to be mounted, in due course, for a fundamental restructuring for the basis for this allowance then such a case should be mounted specifically and with the view to establishing why the long term historical principles underpinning the allowances should be now altered. This is a matter that can be considered in due course, if appropriate submissions and materials are advanced.

For the 2000 Annual Review the Tribunal increased the daily rate of the Sydney allowance by 3.2% in line with the Consumer Price Index.

In this matter the Tribunal received a number of submissions from Members in respect of the Sydney Allowance. Some submissions contended that the Sydney Allowance should be increased in recognition of increased costs and to reflect comparable overnight travelling allowances to Sydney. It

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was submitted that overnight rates for Sydney had varied from $155 per night to $259.40 per night.

The Tribunal made adjustments to this allowance in both the ID and 2000 annual determination. The rate was increased by 2.1% in the ID and a further 3.2% in the 2000 Determination. These increases reflected increased costs and were based on movements in CPI over that period. Overnight rates for the Sydney Allowance, as suggested by Members, reflect overnight travelling allowances provided to public services and rates approved by the Australian Taxation Office (ATO). As discussed in the 2000 annual determination, the Tribunal has previously dismissed the application of such rates on the basis that the Sydney Allowance is established as a rate lower than the ad hoc overnight rate (where commercial hotel accommodation is envisaged), because it is expected that Members will find cheaper accommodation when in Sydney.

It was submitted by some interested parties that the maximum annual Sydney Allowance should be retained. As previously discussed, the Tribunal does not intend to depart from the repayment procedures established in respect of this allowance in the ID and 2000 annual determination. The accountability provisions are a vital component of the 2000 Determination.

The Tribunal does not consider, on the basis of submissions received, that sufficient evidence has been provided to warrant any adjustment to the methodology by which the quantum of the Sydney Allowance is determined. However, the Tribunal has determined, having regard to its previous approach, an increase in the Sydney Allowance in line the adjustments in the Consumer Price Index increase since the last adjustment in the allowance by the Tribunal ie 6 percent.

Logistic Support Allocation

The ID introduced the “Additional Entitlements Account” as a means of grouping a broad range of entitlements available to members in various forms. To simplify these entitlements the Tribunal determined that each Member would be allocated an additional entitlements account to which various expenditures incurred by each member would be debited. The Tribunal found that:

In determining the Additional Entitlements Accounts the Tribunal needed to decide on representative figures as the base for each new group of electorates. In determining these entitlements the Tribunal has adopted an approach similar to that proposed in the draft determination. Instead of using the average expenditure for a group, which was seen as unrepresentative of actual expenditure, the Tribunal has determined that allowances are most fairly represented by taking, in the case of each electorate group, the lowest figure in that group for non-salary entitlements and adding to it a figure which is 65% of the difference between the highest and lowest figure in the range for the group.

Once determined, the base figures for special expense allowances were increased by 2.1%. This figure represents the increase in the consumer price index (CPI) since 1997.

The Additional Entitlements Account, once determined for each group, was then apportioned into the four sub-accounts. To do so, the total expenditure calculated for each group of electorates was apportioned into sub-groups based on the distribution of actual expenditure. Where necessary, adjustments were made to give effect to judgements by the Tribunal about the overall distribution of resources and to minimise the impact of reductions on particular expenditure items.

In determining these entitlements the Tribunal has tried to ensure that, on the whole, Members would not receive less than the value of entitlements awarded under the previous scheme. The graphs in Annexure 3 illustrate the difference between actual expenditure in 1997-98, average expenditure in 1997-98 and the entitlements determined by the Tribunal in this determination.

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In all instances the additional entitlements determined by the Tribunal are greater than the average actual expenditure in any one group. In most instances the majority of Members in any one group will receive more than actual expenditure recorded in 1997/98.

For the 2000 Annual review the Tribunal received numerous submissions as to various aspects of the Additional Entitlements Account. One recommendation adopted by the tribunal was to rename the Additional Entitlements Account as the Logistic Support Allocation (LSA). Another change adopted by the Tribunal was to remove the electorate to Sydney travel component from the LSA and revert to the warrant system for that type of travel.

Many of the changes sought by the Presiding Officers and individual Members concerned particular conditions applicable to various components of the LSA or an increase in the quantum.

The Tribunal made the following findings in relation to the submissions made on that occasion:

Logistic Support Allocation (Additional Entitlements in the Nature of Fixed Allocations)

The draft determination proposes that the four sub-accounts of the former additional entitlements allowance be merged into one Logistic Support Allocation. Members will be able to spend this allowance on specified items, in accordance with the conditions applying in the attached draft determination. In determining the quantum of the Logistic Support Allocation the Tribunal has given consideration to the level and format of entitlements formerly available to Members, the allowances proposed in the initial determination, and advice and data received from Members and the Presiding Officers of Parliament.

Members will be required to meet expenditure on communication, printing and stationery expenses as specified in the draft determination. The Tribunal has determined these allowances on the basis of those amounts calculated for the initial determination and increased them by a factor which takes into consideration population increases, inflation and GST. These adjustments reflect advice received from Members and the Presiding Officers of the Parliament in regard to the quantum of these allowances.

In determining the quantum of the transport component of the Logistic Support Allocation the Tribunal gave careful consideration to comments received from Members and the Presiding Officers of the Parliament. These submissions called for either an increase in the quantum of the allowance or, alternatively, a return to the warrant system. A number of submissions sought a differentiation between Sydney/electorate transport and other transport.

The Tribunal has considered the evidence given by Members (particularly country Members) to the effect that the incorporation of a monetary amount in the Additional Entitlements Account created a significant anomaly for some Members due to the averaging that is required in order to provide for monetary entitlements (even if the allowance is graded or scaled in a group or zone basis). Country Members, in particular, were disadvantaged as amounts proposed in the initial determination proved insufficient to cover electorate to Sydney travel for some Members. Upon the evidence now available to the Tribunal, the Tribunal considers that these submissions are well made and will revert to a warrant system for electorate to Sydney travel. It is proposed that the pre-exiting levels for warrants should be restored. Eligible Members will receive 104 single journey entitlements.

All other forms of transport, including interstate travel, intrastate travel and spouse travel, are to be funded by Members from the Logistic Support Allocation. In calculating the quantum of the transport component of this allowance, the Tribunal gave consideration to actual expenditure by Members in 1997/98, the levels determined by the Tribunal in its initial determination, advice from Members and sample costings received from the Presiding Officers of the Parliament.

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Given particular consideration were the sample costings received from the Presiding Officers of the Parliament in regard to the level of likely expenditure on these items. The Presiding Officers of the Parliament recommended that each Member should receive $9,500. These costings were based on the number of interstate, intrastate and spouse travel warrants currently available to Members and estimated additional costs for taxis and parking. The Presiding Officers of the Parliament estimate assumes that every Member will use the full allocation currently available to him or her. This assumption is not supported either by the documentary evidence provided to the Tribunal or other evidence provided as part of this review process. Nor is it supported by the historical data considered by the Tribunal at the time of preparing the initial determination. This is particularly the case for Group 1 electorates. The Tribunal has therefore decided to discount the figure recommended by the Presiding Officers of the Parliament to more accurately reflect actual historical usage.

However, the Tribunal acknowledges that there still exists an absence of comprehensive data with respect to actual usage of transport by Members, not withstanding the evidence placed before the Tribunal. The Tribunal would encourage Members to address any concerns as to the quantum of the transport allowance in any further submissions made by them (although such submissions will only be of real assistance if accompanied by data as to usage).

The Tribunal has decided not to introduce a warrant system for transport other than Sydney to electorate travel. The principal reason for this approach is that the determination endeavours to introduce greater flexibility in the Members use of the allowance to meet expenses. This approach is facilitated by the incorporation of that part of transport expenses which attracts less difficulties associated with averaging than Sydney to electorate travel. Furthermore, the transport component of the Logistic Support Allocation involves elements which are less likely to attract the use of warrants in any event.

In the draft determination the Tribunal provides that the Logistic Support Allocation will include a transport component of $4,000 per Member for Group 1, Zone 1 and Zone 2 electorates and $6,000 per Member for all other electorate Groups and Zones

For the 2001 annual review submissions have been received from Members in relation to both the quantum and conditions of the Logistic Support Allocation (LSA). In particular, submissions were received as to the provisions concerning the Transport (Other than Electorate to Sydney transport) and electronic communication components of the LSA.

In respect of the Transport component, it has been proposed that the Tribunal reinstate the warrant system for spouse travel. A general increase in the quantum of this allowance has also been sought.

The Transport component of the LSA includes an allowance to provide for spouse travel. This allowance was based on actual expenditure undertaken by Members in the 1997/98 financial year. The Tribunal has not received, what it considers, to be sufficient evidence from Members to suggest that the LSA is insufficient to provide specifically for spouse travel.

However, the Tribunal considers that, upon the evidence provided to it in these proceedings, the Transport component of the LSA is presently insufficient to meet the current costs of transport for Members who reside in outer electorates. As a result, the Tribunal has increased the transport component for Members residing in electorate groups 3 to 8 and zone 3. These increases are based on estimated costs of transport as provided by the Parliament.

In respect of the communication – electronic component of the LSA, Members’ submissions as to the payment of Members’ telephone accounts and the list of approved expenditure items ie internet webpages, have been accepted.

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As to the quantum of the communication, printing, stationery and office supplies components of the LSA, the Tribunal considers that adjustments in line with relevant specific movements in the CPI are appropriate. The Tribunal has determined that a 7% increase will be applied to the electronic- communication and electronic–non–communication components of the LSA. This increase is based upon the CPI increase to March 2001 for communication costs for Sydney. A 6% increase has been applied to the Printing, Stationery and Office Supplies component of the LSA which is based on the general CPI increase to March 2001.

Overall, adjustments to the LSA for 2001/2001 represent an increase of approximately 9% over those allowances determined in the 2000 determination.

For future determinations, the Tribunal considers it appropriate to reassess actual expenditure by Members. The Tribunal proposes to again collect actual expenditure data from the Parliament for the 2000/2001 financial year for consideration in the 2002 annual review process.

Staff Numbers

The Tribunal has received submissions seeking additional temporary staff resources for electorate offices and the provision of additional staff for Shadow Ministers. The Tribunal shall deal with the case for Shadow Ministers in a separate section of this Report.

As a prelude to this discussion I have briefly outlined the current staff entitlements for Members of Parliament as determined by the Tribunal and from other sources.

The Tribunal’s 2000 Annual Determination provides for the minimum allocation of staff currently provided to all Members of Parliament. Members of the Legislative Assembly are entitled to two staff Members employed at each electoral office. Members of the Legislative Council, not including Ministers, are entitled to one staff Member. In additional to these minimum staff entitlements, the Tribunal’s 2000 Annual Determination also provides for an additional staff Member for Independent and Cross Bench Members. These entitlements for Independents and Crossbench Members were initially provided by the former Premier in 1991. The Tribunal’s determination also provides for a reasonable allocation of staff for Ministers. Ministerial staff are funded by the NSW Premier’s Department.

The allotment of staffing in the December 2000 Determination reflected the status quo as previously approved by the relevant Minister. The Tribunal did not fix an actual allocation of staff either in the sense of adjudicating upon the appropriate level of staffing per se or the fixing of a maximum staffing level.

In addition to staff entitlements provided for by the Tribunal, the Tribunal is aware that there is a pool of clerk/stenographers in the Legislative Assembly who are available to assist Members generally. Finally the Tribunal also notes that the Leaders of the Opposition are provided with an annual budget from the Premier’s Department to support the performance of their Parliamentary duties and to provide administrative support.

Temporary staff for electoral offices has been sought for those occasions when one of the electorate office staff is absent on leave or on duty elsewhere. An upper limit of 60 days has been recommended. This, it is argued, would ensure greater security for office staff, overcome occupational health and safety (OH&S) issues and reduce increased workloads.

In the absence of a compelling basis for the Tribunal to intervene in the determination of actual levels of staffing for the Parliament such as a clear anomaly in the present distribution of staff between Members, Recognised Office Holders and Shadow Ministers, the Tribunal considers that it would be inappropriate to fix staffing levels beyond the present minimum prescription. The Tribunal would need

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to be persuaded that it would be appropriate for it to further enter this area, particularly where occupational health and safety issues lie at the centre of the controversy.

In the event that there exists a dispute between the Speaker and interested persons as to the appropriate level of staffing (whether full time or temporary) then recourse may be had, depending upon the nature of the issues, to appropriate bodies charged with the responsibility for considering such matters including occupational health and safety issues. It should be noted that the Occupational Health and Safety Act 1983 (OH&S Act) places certain obligations upon employers. The Speaker is the employer of electorate office staff. There is nothing the Tribunal could or would do that would have the effect of abrogating the Speaker’s responsibility to his/her employees under the OH&S Act.

In any event, if the Tribunal was to embark upon a consideration of these issues then this would require the presentation by all interested persons of a very substantial case going to the substantial number of issues which would need to be addressed to determine an appropriate staffing level. No real case of that kind has been presented by any party in the present proceedings. It should also be noted that contentions of that kind would need to be accompanied by substantial submissions as to the financial impact of any proposed change.

Shadow Ministers

Shadow Ministers have not hitherto been recognised for the purposes of the determination of additional entitlements under the Act. They are not classed as “Recognised Office Holders” under the Act. Hence, they are ineligible to receive an “additional salary of office” or an “expense allowance” under the Act. Nor were they provided under the Act with additional entitlements over and above those available to ordinary Members.

Shadow Ministers perform, however, an important role in our system of parliamentary democracy. They are required to be informed about issues affecting the portfolio(s) they are Shadowing. They are the alternative spokesperson to the Government on particular issues. The Tribunal has accepted that there are additional responsibilities associated with being a Shadow Minister and for this reason provided in the 2000 Annual Determination some additional entitlements to assists them fulfil these obligations.

In order to ensure a transparent approach for access to the entitlements determined for Shadow Ministers the Tribunal imposed a number of conditions that were to apply generally to these entitlements.

The Tribunal imposed an upper limit on the number of Shadow Ministers that could have access to the additional entitlements by providing that the number of Shadow Ministers is not to exceed the number of Government Ministers. The Tribunal also required the Leader of the Opposition to provide the names of the Shadow Ministers as the authorised group eligible to receive Shadow Minister additional entitlements.

The Tribunal was also advised that the Premier provides the Leaders of the Opposition with an annual budget to support them in the running of their offices. To ensure was no confusion about the funding for entitlements, the Tribunal also imposed a condition that those Shadow Ministers for whom non parliamentary funded budgets are provided were to fund their additional entitlement from that budget. This is consistent with a similar provision which applies to Recognised Office Holders and in particular Ministers whose offices are funded by host agencies.

The Size of the Shadow Ministry

A submission was made by the Liberal/National Parties that the condition of the 2000 Determination which limits the number of Shadow Ministers to the number of Ministers of the Government was unfair, particularly if the Opposition Parties were confined to including in the Shadow Ministry, so

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defined, the Leader and Deputy Leader of the Opposition. The Leaders of the Opposition, (K Chikarovski, Leader of the Opposition, The Hon G Souris, Leader of the National Party, B O’Farrell, Deputy Leader of the Opposition Party, and J Turner, Deputy Leader of the National Party) made an oral submission to the Tribunal in relation to these matters. Submissions were also put as to the issue of the source of funding of additional entitlements for the Deputy Leader of the Opposition in the Legislative Council and the Deputy Leader of the National Party in the Legislative Assembly. Each of these matters has been considered in this section of the report.

As noted previously, the main area of concern was the Tribunal’s condition that the Shadow Ministry should not exceed that of the Government Ministry. There are currently 19 Government Ministers whereas there are 21 Shadow Ministers. It was contended that the conditions imposed by the 2000 Determination had an adverse impact on Opposition parties because two Shadow Ministers would be ineligible to receive the additional entitlements.

It was put to the Tribunal that the size of the Shadow Ministry reflected the size of the Government Ministry when the Government was elected and the new Ministers sworn in by the Governor. While the Government Ministry had been reduced because of the resignation of two Ministers, there was no requirement for the Shadow Ministry to be similarly reduced. It was argued further that the upper limit of the Ministry was set by the Constitution Act 1902 and this should be used as the limitation on the size of the Shadow Ministry.

These contentions have not been previously raised with the Tribunal. On the basis of the information provided, the Tribunal considers it appropriate to review the condition established as to the size of the Shadow Ministry in the 2000 Determination.

Prior to 1997, the Constitution Act 1902 provided, in section 35F;

“The number of persons who can hold office as Ministers of the Crown shall not exceed 20 at any one time.”

The Constitution and Parliamentary Electorates and Elections Act 1997, assented to on 23 October 1997, inter alia, repealed section 35F of the Constitution Act 1902, thus removing any statutory limitation on the size of the Government Ministry. In the Minister’s Second Reading Speech of 21 October 1997 it was stated:

“The aspect of the bill which removes the maximum number of Ministers to be appointed is a logical and sensible move. It allows the Premier of the day to make a judgement about the size of the Ministry.”

Following the State election of 27 March 1999 the Premier announced, on 8 April 1999, the new Ministry. The number of Ministers at that time was twenty one. On 19 April 1999 the Leader of the Opposition announced the Shadow Ministry comprising 21 Shadow Ministers.

The number of Ministers at the time of making this determination is nineteen whereas the number of Shadow Ministers has remained at twenty one.

The Tribunal has given careful consideration to the above matters. The Tribunal’s condition limiting the size of the Shadow Ministry to that of the Government Ministry was based in part on equity. Further, the Tribunal concluded that, in the absence of some statutory criteria, the Tribunal need to specify the parameters of the entitlements available to Shadow Ministers by defining the class or group eligible for the receipt of that benefit.

The Tribunal accepts that through the course of the Government’s 4 year term changes in the Ministry through resignation, retirement, or re-shuffle will occur. All or any of these events may impact on the size of the Ministry. This, as the legislation now provides, is a matter for the Premier of the day. The Tribunal accepts that it is not incumbent upon the Opposition to make comparable changes to the

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Shadow Ministry as may be made to the Ministers of the Government. It follows, therefore, that if the size of the Shadow Ministry must at all times reflect the size of the Government Ministry for receipt of additional entitlements then inequities will occur every time the Government reduces the size of its Ministry.

In order to overcome this situation and, to provide certainty for the Shadow Ministry, the Tribunal considers that the most equitable approach would be to provide that the minimum number of the Shadow Ministers eligible to receive additional entitlements shall be equivalent to the number of Ministers announced immediately after the general election. The number of Shadow Ministers may be increased in line with increases in the number of Government Ministers but the minimum number, including the Leader and Deputy Leader shall be equivalent to the first Government Ministry announced immediately after the general election, or such lower number of the Leader of the Opposition may nominate.

As a result of the anomaly now existing in relation to the Shadow Ministry it is appropriate that the Tribunal increase the number of Shadow Ministers in receipt of additional entitlements to 21 until the next State election.

Additional Entitlements for Shadow Ministers

The Tribunal has received submissions from the Liberal and National parties contending that the 2000 determination should be substantially varied so as to improve the entitlements afforded Shadow Ministers in that determination as follows:

1. Transport

It is contended that overall the allowances provided to Shadow Ministers do not adequately reflect their responsibilities. In addition, it is argued that the entitlements granted to Shadow Ministers in the current determination fall far short of the level of resources foreshadowed by ICAC as adequate to redress the problems it had identified.

It is contended that Shadow Ministers receive electorate to Sydney travel entitlement and travel allowances equivalent to the position of Chairman of Committees (ie an additional 32 single journey travel warrants over that of Members and the higher rate of travel allowance).

2. Communication (Electronic)

It was contended that Shadow Ministers receive a 40% loading on the communication (electronic and non-electronic) allowance component of the logistic support allowance.

3. Travel Allowance

It was contended that certain Recognised Office Holders (Deputy Leader and Legislative Council Leader) should be classified as Shadow Ministers for the purpose of travel allowances whilst on intrastate or interstate travel.

4. Staff

It was submitted that an additional one staff member be provided to each Shadow Minister, at the same salary level as the additional staff member employed by independents and cross bench Members.

Until the 2000 Annual Determination Shadow Ministers had not received additional entitlements over and above those received by Members.

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The Independent Commission Against Corruption’s Second Report into its Investigation into Parliamentary and Electorate Travel, recommended inter alia,

“The entitlements of Shadow Ministers should be reviewed to reflect adequately their additional responsibilities, compared to other Members.”

The Tribunal had regard to this recommendation but noted in the ID that;

“This is a matter for the Government and the Parliament. As Shadow Ministers have not been recognised by the Parliament as recognised office holders, the PRT does not consider it appropriate for them to be provided with more additional entitlements than other Members. This, no doubt, should be a matter for review.”

For the 2000 annual determination proceedings the Tribunal received substantial from the Liberal/National parties with regard to additional entitlements for Shadow Ministers. The Tribunal outlined these arguments in its Report of the 2000 Determination as follows:

“Shadow Ministers

The Liberal and National Parties, in their joint submission to the Tribunal of 5 June 2000, outlined the role of Shadow Ministers in the Parliament and advised of the payment of such allowances to office holders in the Federal Parliament.

The Liberal and National Parties further submission of 5 July 2000 submitted that:

… a category of Member be established called a “Nominated Members” to cover Shadow Ministerial positions which do not currently have the status of “Recognised Office Holder..

It was suggested that the Leader of the Opposition would nominate any number of persons as Shadow Ministers provided such number does not exceed the number of Ministers appointed by the Government, and that additional allowances would be paid to Shadow Ministers in recognition of the additional publicly recognised responsibilities of their position.

It was recommended that each “Nominated Member” (Shadow Minister) shall receive:

• A salary loading equal to 25% of the Ministerial allowance • One additional staff member, at the salary level of an Electorate Officer Grade 2, as a dedicated research and policy adviser • An electorate allowance loading equivalent to 20% of a Grade 1 electorate; • Ten (1) additional intrastate and four (4) additional interstate warrants per year, accumulative over the four year term of the Parliament. • A 20% loading for the communication allowance • A 20% loading for the printing and stationery allowances; and • Reimbursement of overnight accommodation expenses outside the Sydney Region at the same rate as Ministers while attending official duties associated with their portfolio responsibilities.”

The Tribunal found, with respect to those contentions, as follows:

The Tribunal considers that it is appropriate that additional entitlements be granted (upon conditions) to Shadow Ministers and the Asia Pacific Friendship Group (and similar groups). Shadow Ministers do serve a critical function in a parliamentary democracy and it is the

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Tribunal’s view that they should be eligible for additional entitlements to carry out the extra workload inherent in such positions.

In doing so, however, the Tribunal made the following observations in its draft determination:.

“Shadow Ministers

The Tribunal has considered the submissions received in regard to the provision of additional entitlements and allowances to Shadow Ministers. As a general proposition, no case has been established, in the Tribunal’s view, for Shadow Ministers to be granted entitlements above those of the category of “Other Recognised Office Holders” in Schedule 3 of the draft determination.

Hence, the Tribunal does not consider it appropriate that Shadow Ministers be granted a communications loading or an electoral allowance loading as these concessions are not made available to that category of Recognised Office Holders in Schedule 3. Similarly, the Tribunal does not provide any entitlement for additional staff to Recognised Office Holders and thus, it has not acceded to the submission that additional staff should be provided for Shadow Ministers. Historically, the provision of additional staff to Recognised Office Holders has been a matter for Government.

In regard to additional interstate and intrastate travel warrants, the Tribunal has made a draft determination that Members will not be provided with warrants for such travel. The Tribunal does not approve the provision of a salary loading to Shadow Ministers given that such an approach would be inconsistent with the existing statutory scheme for salaries.

However, the Tribunal has determined that there is merit in the provision of some additional allowances for Shadow Ministers namely travel allowances and the Logistic Support Allocation. As to the quantum, the Tribunal has determined that Shadow Ministers shall receive an amount equivalent to Recognised Office Holders, (other than Ministers, the Speaker, the President, Leaders and Deputy Leader of the Opposition and other recognised political party, and the Chairman of Committees).

These allowances/Allocation, and the conditions governing their use, are specified in the draft determination..”

In response to the Draft Annual determination the Liberal/National parties made a further submission on this matter:

“The joint submission of the Liberal and National Parties has argued that the provision of additional entitlements as outlined in the draft determination does not adequately reflect the additional costs and work associated with the role of Shadow Ministers.”

The Tribunal was not persuaded by the submission and retained the above entitlements in the 2000 Determination.

As a result of the 2000 Determination, for the first time, Shadow Ministers were provided with additional entitlements. More specifically they were provided with the following benefits above those provided to Members.

1. Logistic Support Allocation

An additional 40% on the Printing and Stationery component of the Logistic Support Allocation.

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2. Travelling Allowance

Capital Cities including Canberra $209 per night Other Areas $131 per night Travel (no overnight stay required) $51 per night

Generally speaking, the Tribunal recognises, as it has done so in previous determinations, that Shadow Ministers represent a special class of Member who performs duties beyond those performed by Members. However, the additional entitlements afforded this group must be justified as a matter of merit. This entails those persons contending for additional benefits firstly establishing a basis for the benefit per se. If a basis for the benefit is established, it is then necessary to consider the level of entitlement, including having regard to the comparable entitlements afforded other Members and Office Holders.

Transport

The Opposition parties sought increases in two areas of the transport allocation ie additional electorate to Sydney travel warrants and an increase in the travel allowance. The submissions in support of those claims do not specifically address the reasons given in earlier determinations for the current entitlements. This is not to say that claims earlier brought to the Tribunal may not be reagitated, but that those bringing such claims will be better served if they at least addressed the basis upon which earlier entitlements were awarded or claims refused in past determinations.

Shadow Ministers residing in non-metropolitan electorates currently receive 104 single journey travel warrants for electorate to Sydney travel. Recognised Office Holders receive additional electorate to Sydney travel warrants (32 single journey warrants). The Deputy Leader of the Opposition in the Legislative Assembly and the Legislative Council receive an additional 16 single journey warrants.

As noted earlier, the Opposition Parties are seeking an additional 32 single journey travel warrants for Shadow Ministers but have provided an insufficient basis for which the Tribunal can assess the merits of the claim. For example, there is no explanation as to why Shadow Ministers should receive a higher allocation than the Deputy Leaders. The Tribunal refuses the claim.

Communication (Electronic)

Again no detailed explanation of the need for an increase in the electronic Communication sub account has been provided. The claim is refused.

Travel Allowance

The grant of this allowance to Shadow Ministers was a significant change in the entitlements of persons holding this position as it was previously only available to Recognised Office Holders. It is currently set at the lowest rate afforded Recognised Office Holders. There has been insufficient justification provided as to why it should be increased above this level. On this basis the rate will remain unaltered.

The Tribunal will, however, be reviewing the travel allowance rates as part of the 2002 annual review. The Tribunal would be pleased to receive specific submissions at that time as to the adequacy of the quantum of the allowance for Shadow Ministers as part of that review. Members contemplating making such submissions should ensure that adequate supporting documentation is provided.

Additional staff for Shadow Ministers

The Liberal Party contends that Shadow Ministers, like the Independent Members, should be allocated an additional staff Member. It is contended that Shadow Ministers should be treated in a similar fashion to Independent Members.

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The staffing entitlements of independent Members has is genesis in a determination made by the Premier. That decision was later reflected in the ID.

In order to assess the submissions made in relation to this matter the Tribunal has examined the duties and obligations of Shadow Ministers when compared with Independent Members. It is apparent, from that review, that, prima facie, an anomaly exists between staffing levels afforded Shadow Ministers and those afforded Independent Members. However, given the relative paucity of submissions received in support of this claim, it is difficult to determine precisely the extent of such anomaly and what specific relief should be given to rectify it.

There are a range of issues which need to be addressed in order for the Tribunal to resolve this issue. The first question which arises is what is the appropriate number of staff to be provided to the Shadow Ministry. Should Shadow Ministers be provided with one staff Member each or a pool of staff (less than a one for one allocation)? In addition, there are related issues such as appropriate remuneration for such staff and a question as to their accommodation. Finally, a question arises as to the appropriate operative date for any staff changes.

In the result the Tribunal it would not seem realistic to make a determination on this matter in the annual determination. An alternative course may be to have the matter considered as a special determination. Should such a special determination be required the Tribunal will seek submissions at that time. However, whether or not a special determination is made there is nothing to preclude the Government from providing these additional resources in a manner similar to the approach for Ministers and the Leaders of the Opposition. In any event, the Presiding Officers and Shadow Ministers should discuss the claim in relation to the issues raised above.

Funding of additional entitlements for Deputy Leader of the Opposition in the Legislative Council and the Deputy Leader of the National Party in the Legislative Assembly.

Another issue raised with the Tribunal concerned the additional entitlements of the Deputy Leader of the Opposition in the Legislative Council and the Deputy Leader of the National Party in the Legislative Assembly.

The issue raised with the Tribunal was whether the funds to meet the costs of their additional entitlements should be met from the Parliamentary budget or should be met from the Leaders of the Opposition budget.

The Tribunal was provided with a copy of a letter to the Clerks of the Parliament from the Director- General of the Premier’s Department on this issue which indicated that, as Deputy Leaders of the Opposition Parties, their travel costs should be met from the Leaders of the Opposition Budget.

As noted above, the Premier makes an annual budget allocation to the Leaders of the Opposition. The Director-General of the Premier’s Department has confirmed that the travel costs of the Deputy Leaders is to be met from that budget. The Tribunal does not consider it appropriate to comment on what is a matter of Government policy.

The Tribunal would have expected that, in light of the Director-General’s advice, the Leaders of the Opposition would have sought an increase in the Leaders of the Opposition budget to meet these additional costs. This, however, is a matter for the Leaders of the Opposition and the Director-General of the Premier’s Department. If this issue remains unresolved it will be revisited in the 2002 annual determination proceedings.

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Electoral Grouping

The State Parliamentary Labor Party (SPLP) has submitted that the electorate of Campbelltown should be added to the Category 1 group of electorates for the purpose of determining eligibility for the Sydney allowance. Members who reside in electorates outside the Sydney Metropolitan area are eligible for the Sydney allowance to provide for the cost of overnight accommodation and incidental expenses whilst in Sydney on parliamentary business or in transit to and from Sydney.

The SPLP has argued that the electorate of Campbelltown is located as far from the Parliament as the centre of the Hawkesbury electorate and is a further distance from the Parliament than the centre of the Heathcote electorate. It is further contended that Campbelltown is almost the same distance from the Parliament as is the centres of the Camden and Londonderry electorates. In addition, it is contended that the distinction between metropolitan and non-metropolitan electorates is artificial in the case of a number of electorates, citing that the population centres of the electorates of Hawkesbury, Londonderry, Camden and Heathcote are all, in reality, part of the Sydney metropolitan area.

The Tribunal undertook a thorough review of the groupings of electorates for the purpose of determining allowances following the 1999 electoral redistribution. The Tribunal’s rational in regard to the current groupings is discussed in pages 50 to 58 of the ID. A significant change introduced in the ID was the merging of all metropolitan electorates into one group for the purpose of determining allowances. In doing so, the Tribunal carefully considered the position of a number of borderline group 1/group 2 electorates, including Campbelltown, Penrith, Heathcote and Mulgoa.

In response to the SPLP’s submission the Tribunal has undertaken a comparative assessment of the characteristics of a number of fringe metropolitan electorates. The Tribunal’s preliminary assessment has found that there may exist an inequity in the categorisation of some electorates. This inequity relates primarily in the distance of electorates from the Parliament. The Group 1 electorates of Campbelltown, Mulgoa and Penrith are a comparative distance from Parliament with a number of Group 2 electorates including Camden, Londonderry and Hawkesbury and are a considerably further distance, on one view, than the electorate of Heathcote.

However, whilst distance from Parliament is an important factor in determining the grouping of electorates it is not the sole determinant. The Tribunal also considers population, population density, infrastructure and geographic features. Other significant factors include transport options and the time taken to travel from home to Parliament. The Tribunal previously rejected a similar application from Mulgoa on the basis that the electorate was predominately outer metropolitan rather than rural which is the predominant characteristic of Group 2 electorates.

The Tribunal considers that the recategorisation of electorates should not be undertaken on an ad hoc basis but should be considered in the context of a more comprehensive review. Any review must also consider the financial impact of any changes. The categories currently used to determine the Sydney Allowance reflect those groups and zones used to determined the Electorate Allowances. Any determination to increase the number of electorates eligible to receive the Sydney Allowance would also provide increased Electoral Allowances for those electorates.

Accordingly, the Tribunal is not prepared to determine the position of Campbelltown in isolation from other ostensibly outer metropolitan electorates. The Tribunal may review the position of such outer metropolitan electorates if additional submissions are received in response to this draft in relation to the position of all relevant electorates. In the absence of such submissions, it may then be appropriate to undertake such a review in special determination proceedings (if commenced) or the 2002 annual determination proceedings.

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SUBMISSIONS

The Tribunal received submissions in writing from the following persons, bodies or organisations in response to the draft report and determination:-

1. The Presiding Officers of the Parliament (“the Parliament”) 2. State Parliamentary Liberal Party 3. The Hon John Ryan MLC 4. Mr John Turner MP 5. The Hon Dr Arthur Chesterfield-Evans MLC 6. Ms Clover Moore MP 7. The Hon Peter Breen MLC 8. Mr Andrew Stoner MP, Parliamentary National Party of NSW 9. The Speaker of the Legislative Assembly, the Hon John Murray MP

The Tribunal has evaluated the submissions made and the accompanying recommendations for changes to the draft determination. In respect of these submissions the Tribunal makes the following observations prior to discussing more fully amendments to the draft determination which the Tribunal proposes to make as a result of the submissions received.

Presiding Officers

The Presiding Officers have provided a constructive and useful submission in response to the draft determination. A number of their suggestions have been incorporated into the 2001 determination. These changes are discussed at length in the section titled Amendments to the Determination. A copy of the Presiding Officers submission has been attached in full at Appendix 1.

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State Parliamentary Liberal Party Submission

This submission raises a number of issues of procedural character together with substantive issues. I shall deal briefly with the procedural issues at this juncture. It was sought that the ‘information’ contained in the submission be kept confidential.

Whilst the general tone and tenor of the submission would warrant not only the disclosure of its terms, but some amount of criticism, it appears to the Tribunal that the better course is to deal shortly with some particular matters as follows;

1. As to the time allowed for a response to the draft determination, it may be observed that the procedure of issuing a draft determination is a recent initiative by the Tribunal which allows Members a greater opportunity to make submissions to the Tribunal. In these circumstances, the Tribunal has required that only supplementary submissions be filed. It should be noted that the draft determination follows upon the receipt of earlier submissions in relation to the 2001 annual determination process and ultimately a quite lengthy process leading to the 2000 determination commencing with the initial determination proceedings. In this context it is difficult to understand how a submission can be seriously advanced that two weeks is insufficient to file further submissions in relation to the draft determination.

2. The procedure adopted by the Tribunal for the 2001 annual determination was to receive written submissions. This did not preclude application to make oral submissions. Indeed, the Liberal Party was granted the opportunity to make oral submissions. In the result, the Tribunal held a lengthy private discussion with the Leader of the Opposition, Mrs K Chikarovski, the Deputy Leader of the Opposition, Mr B O’Farrell, the Leader of the National Party, the Hon G Souris, and the Deputy Leader of the National Party, Mr J Turner, as to a range of matters arising for consideration in the context of the 2001 determination including entitlements for Shadow Ministers.

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3. The Tribunal now provides with each determination detailed reasons for its decisions. This derives from a process of deliberations which are undertaken by the Tribunal sitting on a part-time basis. The process includes the consideration of the extensive written submissions received and often oral presentations. The success or otherwise of a particular contention depends, at the end of the day, upon the quality of submissions made and material advanced in support of it. It is noted that no other submissions have been received from any other Member, political party or other body suggesting that there is any difficulty with the procedures adopted by the Tribunal or for that matter the substance of the draft determination (except as to matters of the detail of the provisions).

4. In any event, the Tribunal proposes to hold a meeting of Members prior to the commencement of the 2002 Review to establish any further procedures required to determine the matter and a time-table for that review.

AMENDMENTS TO DRAFT DETERMINATION

As earlier mentioned the Tribunal has determined, as a result of the further submissions received, to amend the draft determination. The Tribunal has not provided reasons dealing with the entirety of the propositions advanced in response to the draft report and determination. However, the Tribunal does discuss below reasons why it has adopted some of the proposals made in further submissions.

Date of Operation

In making its draft determination the Tribunal omitted to amend the date of operation for the 2001 determination. The date has been amended and this determination will operate on and from 1 July 2001.

Electoral Groupings

The draft report sought submissions from Members in regard to the grouping of outer Metropolitan electorates for the purpose of determining eligibility for the Sydney Allowance.

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This issue was raised in an earlier submission received from the State Parliamentary Labor Party in respect of the electorate of Campbelltown.

The Tribunal has received additional submissions requesting that consideration be given to the issue of workplace safety in determining eligibility for the Sydney Allowance. In particular, a submission has been eloquently put as to the dangers of driver fatigue for Members required to drive long distances to and from home during sittings of Parliament.

It was also argued that distance and time travelled are the most significant factors in determining eligibility for the Sydney Allowance. Additional factors such as population density, infrastructure and geographic features, it was submitted, were not particularly relevant unless they have some bearing on the distance a Member may need to travel. The Tribunal was also provided with additional information on the relative distances of the outer metropolitan electorates which supported the case for re-categorisation.

In light of this additional submissions and information received the Tribunal has determined that a case does exist for the electorate of Campbelltown to be included in Category 1 for the purpose of determining eligibility for the Sydney Allowance. An appropriate amendment has been made to Schedule 2 of the determination.

The Tribunal will undertake a further review of these categories during the 2002 annual review. Further submissions will be sought from the Members of other outer Metropolitan electorates at that time.

Sydney Allowance

The Presiding Officers have submitted that condition 3 of the Sydney Allowance, as stated in the draft determination, requires clarification as to the actual level of substantiation required to receive reimbursement of daily costs where daily costs exceed the daily rate and where the number of overnight stays is greater than the specified maximum.

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The Tribunal has considered the Presiding Officers’ suggested amendment and agrees that clarification is appropriate. Condition 3 has been amended in accordance with changes suggested by the Presiding Officers.

Logistic Support Allocation (LSA)

Electronic Communication Component

In the Presiding Officers submission of 16 March 2001 it was contended that certain classes of Office Holders were previously entitled to 100% reimbursement for electronic- communication costs. The Tribunal included this entitlement for specified office holders in its draft determination. In supplementary submissions, it is now indicated that the Deputy Leader of the Opposition in the Legislative Council and Deputy Leader of a Party with not less than ten members in the Legislative Assembly were also previously entitled to such a benefit. The Tribunal has amended its determination to reflect these further submissions.

In addition, the Tribunal has approved of the inclusion of the 100% reimbursement of overseas calls for Parliamentary business with the electronic-communication component of the LSA. This inclusion reflects entitlements that previously existed for specified recognised office holders.

It has also been submitted that the electronic communication component of the LSA is insufficient for Members of the Legislative Council residing in Zone 2 electorates. In the draft determination, the electronic-communication component of the LSA is $3,750 for Members from both Zone 1 and Zone 2 electorates. This monetary component was originally calculated based on actual expenditure of electronic communication expense in the 1997/98 financial year. At that time, the Tribunal recognised that an anomaly existed in the expenditure patterns of Members of the Legislative Council from Zone 2.

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Evidence has now been provided to suggest that the electronic communication component is insufficient for these Members. In order to reflect increased costs associated with timed calls and STD charges, the Tribunal has increased the electronic communication component of the LSA for Legislative Council Members residing in Zone 2 to $4,280. This component is equivalent to that received by Members of the Legislative Assembly residing in equivalent Group 2 electorates. The Tribunal will reassess this component again following an assessment of actual expenditure as part of considerations for the 2002 annual review process.

Transport (Other than Electorate to Sydney transport)

Condition 4 of the particular conditions relating to Transport (Other than Electorate to Sydney transport) provides that Members and their spouse/approved relative, when travelling by private or rental vehicle in connection with their Parliamentary duties, may claim reasonable actual accommodation and meal expenses from the Members’ Logistic Support Allocation. The reimbursement of these expenses may not exceed the commercial airfare for travel to the same destination.

The Presiding Officers have submitted that since Members now have access to a specific dollar LSA amount, the nexus to commercial air travel costs is no longer relevant or necessary. Furthermore, Members should be able to claim reasonable actual accommodation and meal expenses from their LSA for any travel in connection with their Parliamentary duties. The Presiding Officers have proposed that an upper limit equivalent to the travel allowance provided to Members when travelling on official Parliamentary Committee business is appropriate.

The Tribunal considers it appropriate that Members, if required, use their LSA to claim actual accommodation and meal expenses to the proposed upper limit when travelling on Parliamentary business. Condition 4 has been amended in accordance with changes

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suggested by the Presiding Officers. The reimbursement of such costs must be met from the existing LSA.

Expenditure from Logistic Support Allocation and Electoral Allowance.

The submission from the Presiding Officers seeks clarification over the requirement for the Logistic Support Allocation to be fully expended prior to utilising the electoral allowance.

General condition 6 contained on page 6 of the 2000 determination states

Nothing shall prevent the use of the Electoral Allowance for legitimate electorate expenses which might also fall with the categories of expenses covered by the Logistic Support Allocation.

The Presiding Officers have contended that this condition is in contradiction to condition 2 of the Logistic Support Allocation (page 18, 2000 determination ) which provides:

…the Logistic Support Allocation is not intended to restrict the proper use of the electoral allowance, which may be used to meet any expense referred to in the ‘purpose and operations’ section of this clause, after the Logistic Support Allocation Account has been fully expended.

To provide adequate flexibility for Members the Tribunal has determined that there should be no restriction between the use of the LSA and the Electoral allowance for the use of legitimate electorate and Parliamentary expenses. To clarify this issue the Tribunal has amended the determination in accordance with the Presiding Officers’ suggested amendment.

Electorate to Sydney Travel Warrants

Submissions have argued for the provision of an additional 16 single electorate to Sydney travel warrants for the Deputy Leader of the National Party in the Legislative Assembly.

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The draft determination specifies that the Deputy Leader of the Opposition in the Legislative Assembly is entitled to an additional 16 single journey entitlements. Under current arrangements, the Deputy Leader of the Opposition in the Legislative Assembly is the Deputy Leader of the Liberal Party. Prior to the Tribunal making its initial determination, guidelines which provided for additional travel warrants for recognised office holders specified that Deputy Leaders of a Party (with not less than 10 Members in the Legislative Assembly) would be entitled to additional warrants. Under those former guidelines, the Deputy Leader of the National Party would have qualified for these additional entitlements.

The Tribunal has amended the determination to provide an additional 16 single electorate to Sydney travel entitlements for Deputy Leaders of a Party (with not less than 10 Members in the Legislative Assembly).

Committee Allowances

An increase has been sought in the daily sitting fees payable to the Chairpersons of Joint, Select and Standing Committees. These fees were last increased by the Tribunal in the 2000 determination.

The purpose of this Allowance is to remunerate Members servings as Chairpersons on Committees for the extra time and effort required to carry to this role. In previous determinations this allowance has been increased in line with Members’ salary increases.

Pursuant to section 4 of the Act, NSW Members’ base salaries increased to $95,100 effective from 1 July 2001. This represents an increase of 3.9%.

The Tribunal has determined that an equivalent increase is appropriate for Chairperson of Joint, Select and Standing Committees and for Members of the Public Accounts Committee (other than the Chairperson). These increased rates have been incorporated into the determination.

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DETERMINATION

The Tribunal makes the determination contained in the attached determination to operate on and from 1 July 2001.

Dated this 15th day of August 2001

The Honourable Justice Walton THE PARLIAMENTARY REMUNERATION TRIBUNAL

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PARLIAMENT OF NSW

SUBMISSION TO

THE PARLIAMENTARY REMUNERATION TRIBUNAL

IN RESPONSE TO THE DRAFT DETERMINATION

DATED 29 JUNE 2001

13 JULY 2001

PAGE ISSUE NO. 1: COMMENCEMENT DATE OF ANNUAL DETERMINATION...... 31

ISSUE NO. 2: COMMENCEMENT DATE FOR THE NUMBER OF SHADOW MINSTERS ALLOWED...... 31

ISSUE NO. 3: SYDNEY ALLOWANCE – NUMBER OF OVERNIGHT STAYS EXCEEDED...... 31

ISSUE NO. 4: LOGISTIC SUPPORT ALLOCATION ...... 31

ISSUE NO. 5: LOGISTIC SUPPORT ALLOCATION - PURPOSES ...... 32

ISSUE NO. 6: LOGISTIC SUPPORT ALLOCATION GENERAL CONDITIONS...... 32

ISSUE NO. 7: LOGISTIC SUPPORT ALLOCATION TRANSPORT PARTICULAR CONDITIONS...... 33

ISSUE NO. 8: LOGISTIC SUPPORT ALLOCATION – TRANSPORT...... 33

ISSUE NO. 9: LOGISTIC SUPPORT ALLOCATION – COMMUNICATION ELECTRONIC...... 34

ISSUE NO. 10: LOGISTIC SUPPORT ALLOCATION – COMMUNICATION ELECTRONIC...... 34

ISSUE NO. 11: EQUIPMENT SERVICES AND FACILITIES...... 35

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Issue No. 1: Commencement date of Annual Determination

PRT Draft Determination Reference: Page 1, second paragraph

Clarification Sought: That the commencement date of the annual determination is in fact 1 July 2001 and not 31 December 2000.

Reason: ¾ In accordance with Section 11 (I) of the Parliamentary Remuneration Act, an annual determination is to be made with effect from 1 July in that year.

Issue No. 2: Commencement date for the number of Shadow Ministers allowed

PRT Draft Determination Reference: Pages 1 – 2 Definitions – Shadow Ministers

Clarification Sought: Payment of Shadow Minister Entitlements

Reason: ¾ Unless the Tribunal otherwise directs, the Parliament intends to process claims retrospectively from 31 December 2000 for the 21 Shadow Ministers.

Issue No. 3: Sydney Allowance – number of overnight stays exceeded

PRT Draft Determination Reference: Condition no. 3, page 11

Change Proposed: 3.1 Where the daily costs exceed the daily rate, full substantiation of daily costs will be required.

3.2 Where the number of overnight stays is exceeded, documentary evidence of each overnight stay will be required.

Reason: ¾ Some Members interpret this condition on the basis that substantiation relates to actual overnight stays and not to the cost incurred. Such interpretation however would appear at odds with condition no. 2 which specifies that no substantiation of costs incurred is required up to the number of overnight stays specified in Table 1. In cases where a Member owns accommodation in Sydney it is not practical to substantiate actual costs of additional stays in excess of those specified in Table 1. It is therefore recommended that the standard $164 overnight rate continue to apply for actual overnight stays that exceed the number specified in Table 1, provided documentary evidence of these overnight stays is provided.

Issue No. 4: Logistic Support Allocation

PRT Draft Determination Reference: Purpose and operation of the provision – page 16

Change Proposed: Substitute the word “Clerks” for “Financial Controller” in the first line of the first paragraph.

Reason: ¾ This is required to reflect changes made to general condition no. 4 on page 6 of the draft determination. Reference to the Financial Controller on page 16 was overlooked at the time of suggesting the changes in the 16 March 2001 submission.

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Issue No. 5: Logistic Support Allocation - purposes

PRT Draft Determination Reference: Page 16

Clarification Sought: Of the 12 additional items proposed to be added to the list for which the LSA can be used, 4 were adopted by the PRT in the draft report. With respect to the remaining 8 clarification is sought whether these can be dealt with administratively by the Parliament, or alternatively the LSA cannot be used for those purposes and the current list is exhaustive.

Reason: ¾ So clear administrative procedures and guidelines, can be developed by the Parliament to assist Members in complying with the determination.

¾ To facilitate a further review of the remaining 8 items proposed for inclusion on the list of purposes for which the Logistic Support Allocation can be used, the following additional information is provided:

¾ Advertising – A number of Members have sought reimbursement of costs for advertising vacant staff positions within their office, together with newspaper advertisements informing constituents of their availability for interviews at various locations throughout their electorate. This is a legitimate Parliamentary expense which we suggest should be met from a Members’ LSA.

¾ Similarly, Members often require access to company information and FOI requests to represent their constituents and research issues affecting their electorate or the State of NSW as a whole. Prior to the 4 December determination, independent Members of Parliament were entitled to have the cost of FOI requests met by the Parliament.

¾ Unless otherwise advised the Parliament proposes to permit the use of a Member’s LSA to purchase office requisites, video and audio tapes, plus books and periodicals following the proposed amendment by the Tribunal to include office supplies under the category heading ‘Printing and Stationery’, refer condition 1, page 23.

¾ With respect to photography costs and newspapers used in a Member’s electorate office or home office for a Member of the Legislative Council, Members have expressed a need to incur these expenses in connection with their Parliamentary duties and to keep informed of local issues and constituent concerns. Newspapers are currently provided to Members at Parliament House on sitting days. It is recommended that this entitlement be extended to Members electorate office or home office in the case of Legislative Council Members, with the cost being charged to the Member’s LSA.

Issue No. 6: Logistic Support Allocation general conditions

PRT Draft Determination Reference: Page 18, Condition no. 2

Change Proposed: Remove the requirement for the Logistic Support Allocation to be fully expended prior to utilising the electoral allowance by deleting the words “after the Logistic Support Allocation account has been fully expended”.

Reason: ¾ While this was raised in the Parliament’s previous submission, it is considered necessary to raise the matter again as the requirement would appear to contradict general condition 6 on page 6 of the report, which states “Nothing shall prevent the use of the electorate

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allowance for legitimate electorate expenses which might also fall within the categories of expenses covered by the Logistic Support Allocation”.

¾ For this reason and the reasons set out in the Parliament’s March submission, which are still valid, it is requested that the Tribunal reconsider its position on this condition.

Issue No. 7: Logistic Support Allocation transport particular conditions

PRT Draft Determination Reference: Page 20, condition 4

Change Proposed: Amend the existing condition to read “Members and their spouses/approved relatives, when travelling in connection with their Parliamentary duties, may claim reasonable actual accommodation and meal expenses from the Member’s Logistic Support Allocation. The reimbursement of these expenses may not exceed $209 per night for capital cities and $131 per night for other areas”.

Reason: ¾ While the Parliament proposed the inclusion of this entitlement in its 16 March 2001 submission, the current method of assessing and calculating the difference between the rental/private car costs and the commercial airfare is often not possible resulting in improvised and complex administrative processes, which are the subject of dispute with Members. Often Members travel to destinations where there are no commercial air services, on which to base the accommodation and meal expense component. Now that Members have access to a specific dollar LSA amount, the nexus to commercial air travel costs is no longer relevant or necessary.

¾ Under the amendment proposed above, Members would be able to travel by any mode of transport without being discriminated against. Furthermore, the expense would have to be incurred prior to payment of accommodation and meal expenses. It is not proposed to provide for a travelling allowance as the change suggested specifies actual reasonable costs. An upper limit equivalent to the travel allowance provided to Members when travelling on official Parliamentary Committee business, would also apply to ensure the amounts claimed are reasonable

Issue No. 8: Logistic Support Allocation – Transport

PRT Draft Determination Reference: Particular condition no. 10, page 21

Change Proposed: Substitute the existing condition 10 with the following “It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is sent for payment”.

Reason: ¾ This will provide consistency with reference to charter flights contained elsewhere in the draft determination which were amended following the Parliament’s 16 March 2001 submission. Please refer to electorate to Sydney condition 7, page 14 and electorate charter transport for Members of the Legislative Assembly, condition 3, page 25.

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33 7804 OFFICIAL NOTICES 14 September 2001

Issue No. 9: Logistic Support Allocation – Communication Electronic

PRT Draft Determination Reference: Particular condition 3, page 22

Change Proposed: a) Amend the existing condition by adding the words “including overseas calls for Parliamentary business”. This condition would then read “The following recognised Office-Holders shall be entitled to 100% reimbursement for electronic – communication costs, including overseas calls for Parliamentary business.

b) Extend the entitlement to the Deputy Leader of the Opposition in the Legislative Council.

Reason: a) To provide certain Recognised Office-Holders with the same access to overseas calls to which they were entitled prior to the initial determination. This will also serve to clarify the recognised Office-Holder entitlements having regard to general condition no. 6 which states specific exclusions for Member’s electronic communication costs.

b) The inclusion of the Deputy Leader of the Opposition in the Legislative Council was overlooked in the Parliament’s 16 March 2001 submission. The status and importance of this office is higher or equivalent to a number of other recognised office-holder positions which are entitled to a 100% reimbursement for electronic – communication costs.

Issue No. 10: Logistic Support Allocation – communication electronic

PRT Draft Determination Reference: Particular condition 4, page 22

Change proposed: Remove reference to modem from this condition. This condition would then read “A fax line installed at a Legislative Council Member’s home office shall be reimbursed at the rate of 100%”.

Reason: ¾ Following the Tribunal’s approval to providing a separate data line in Legislative Council Member’s home offices (refer condition 5) the modem will be attached to the data line and not the fax line.

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34 14 September 2001 OFFICIAL NOTICES 7805

Issue No. 11: Equipment Services and facilities

PRT Draft Determination Reference: Condition no. 6 (v), page 31

Change Proposed: Delete condition 6(v) “Ministers shall receive a reasonable allocation of staff members”.

Reason: ¾ The Presiding Officers have no responsibility or authority to allocate ministerial staff. This is the responsibility of Executive Government and therefore should be removed from the determination.

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35 7806 OFFICIAL NOTICES 14 September 2001

THE DETERMINATION OF THE PARLIAMENTARY REMUNERATION TRIBUNAL

THE DETERMINATION Pursuant to section 10 (2) and 11(1) of the Parliamentary Remuneration Act, 1989, the Tribunal makes the determination appearing hereunder.

With effect on and from 1 July 2001, and pursuant to section 10 (6) of the Act, all previous determinations of the Tribunal are revoked. This determination shall constitute the annual determination and shall operate on and from 1 July 2001.

DEFINITIONS Member or Members refers to a duly elected Member or Members of the Parliament of New South Wales (referred to hereinafter in this Determination as “the Parliament”).

In this Determination the expression Additional entitlements is to be understood in the sense used in Part 3 of the Parliamentary Remuneration Act 1989 (“the Act”).

Parliamentary duties has the meaning attributed to it by section 3 of the Act,

“Electoral groups” are the groups of electorates specified in Schedule 1.

For the purpose of the Additional Entitlements Account for Members of the Legislative Council “Zones” shall be those areas described in Schedule 2A.

“Shadow Ministers” are defined as those officers nominated by the Leader of the Opposition who undertake the role of opposition spokesperson on behalf of particular Ministerial portfolios and shall include Leader and Deputy Leader of the Opposition. The minimum number of Shadow Ministers qualifying for additional entitlements shall be equivalent to the number of Ministers in the first Ministry immediately following a State general election or such lessor number of Shadow Ministers as may from time to time be nominated by the Leader of the Opposition. The number of Shadow Ministers shall increase from this number only with comparable increases in the number of Ministers. The Leader of the Opposition is to advise the Tribunal the Members who will act as Shadow Ministers and their particular portfolio/s. These Members, as advised to the Tribunal, will, subject to this determination, be eligible for additional entitlements. Until the declaration of the next State Election andNEW an SOUTHappointment WALES of GOVERNMENTthe Ministry of GAZETTE Government No. thereafter, 138 the Shadow

36 THE DETERMINATION OF THE PARLIAMENTARY REMUNERATION TRIBUNAL

THE DETERMINATION Pursuant to section 10 (2) and 11(1) of the Parliamentary Remuneration Act, 1989, the Tribunal makes the determination appearing hereunder.

DEFINITIONS Member or Members refers to a duly elected Member or Members of the Parliament of New South Wales (referred to hereinafter in this Determination as “the Parliament”).

In this Determination the expression Additional entitlements is to be understood in the sense used in Part 3 of the Parliamentary Remuneration Act 1989 (“the Act”).

Parliamentary duties has the meaning attributed to it by section 3 of the Act,

“Electoral groups” are the groups of electorates specified in Schedule 1.

For the purpose of the Additional Entitlements Account for Members of the Legislative Council “Zones” shall be those areas described in Schedule 2A.

Shadow14 September Ministers 2001 shall increase from this OFFICIAL number NOTICESonly with comparable increases in the number 7807 of Ministers. The Leader of the Opposition is to advise the Tribunal the Members who will act as Shadow Ministers and their particular portfolio/s. These Members, as advised to the Tribunal, will, subject to this determination, be eligible for additional entitlements. Until the declaration of the next State Election and an appointment of the Ministry of Government thereafter, the Shadow Ministry shall (for the purpose of additional entitlements) be treated as consisting of 21 Shadow 36 Ministers (including the Leader and Deputy Leader of the Opposition).

GUIDELINES AND GENERAL CONDITIONS REGARDING ADDITIONAL ENTITLEMENTS FOR

MEMBERS IN CONNECTION WITH PARLIAMENTARY DUTIES.

1. Guidelines

Every class of “additional entitlements” described in this determination is provided pursuant to section 10 (1) (a) of the Act “for the purpose of facilitating the efficient performance of the Parliamentary duties of Members.” The following guidelines shall apply to the receipt, use and operation of additional entitlements.

1. Circumstances upon which the additional entitlements may be used for Parliamentary Duties.

1.1 Additional entitlements are provided to facilitate the efficient performance of the following particular Parliamentary duties of Members as follows:

1.1.1 Activities undertaken in representing the interests of constituents, but excluding activities of a direct electioneering or political campaigning nature. 1.1.2 Performing electorate work for a Member’s electorate and participation in official and community activities to which the Member is invited because of the Member’s status as a Parliamentary representative. 1.1.3 Attending and participating in sessions of Parliament. 1.1.4 Participation in the activities of Parliamentary committees. 1.1.5 Attending Vice-Regal, Parliamentary and State ceremonial functions. 1.1.6 Attending State, Commonwealth and Local Government functions. 1.1.7 Attending official functions to which a Member is invited because of the Member’s status as a Parliamentary representative, eg. receptions and other community gatherings hosted by Members of the diplomatic corps, educational and religious institutions, community and service organisations, NEWbusiness SOUTH associations, WALES sporting GOVERNMENT bodies or GAZETTE other special No. interest 138 groups. 1.1.8 Participation in the activities of recognised political parties, including participation in national, State and regional conferences, branch meetings, electorate council meetings, executive meetings, committee meetings, and

37 Ministry shall (for the purpose of additional entitlements) be treated as consisting of 21 Shadow Ministers (including the Leader and Deputy Leader of the Opposition).

GUIDELINES AND GENERAL CONDITIONS REGARDING ADDITIONAL ENTITLEMENTS FOR

MEMBERS IN CONNECTION WITH PARLIAMENTARY DUTIES.

1. Guidelines

1. Circumstances upon which the additional entitlements may be used for Parliamentary Duties.

1.1 Additional entitlements are provided to facilitate the efficient performance of the following particular Parliamentary duties of Members as follows:

7808 1.1.5 Attending Vice-Regal, OFFICIAL Parliamentary NOTICES and State ceremonial functions.14 September 2001 1.1.6 Attending State, Commonwealth and Local Government functions. 1.1.7 Attending official functions to which a Member is invited because of the Member’s status as a Parliamentary representative, eg. receptions and other community gatherings hosted by Members of the diplomatic corps, educational and religious institutions, community and service organisations, business associations, sporting bodies or other special interest groups. 1.1.8 Participation in the activities of recognised political parties, including participation in national, State and regional conferences, branch meetings, electorate council meetings, executive meetings, committee meetings, and meetings of the Members of the Parliamentary political party, its executive and committees. 37 1.1.9 For a Member elected to the Parliament as an independent, participation in activities that are reasonable alternatives to participation in the activities of recognised political parties. 1.1.10 A Member who is elected to the Parliament as a representative of a recognised political party and who subsequently resigns from that party Membership and thereafter sits as an independent Member, howsoever described, is not entitled to the benefit of the rule in Clause 1.1.9 above. 1.1.11 Participation within Australia in the activities of the Commonwealth Parliamentary Association as well as activities outside Australia organised by the Commonwealth Parliamentary Association provided such activities arise directly from membership of the New South Wales Branch and officially endorsed by the Branch (exclusive of air travel). 1.1.12 Participation in a Parliamentary Group such as the Asia Pacific Friendship Group; provided that, such group is approved in writing by the President of the Legislative Council and the Speaker of the Legislative Assembly. Such written approval shall be forwarded to the Tribunal.

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38 14 September 2001 OFFICIAL NOTICES 7809

2. Where any additional entitlement fixed by this Determination is to be used for the purpose of facilitating Members’ participation in the activities of recognised political parties, the Tribunal sets out the following guidelines as to the use of that additional entitlement:

2.1 Parties registered under the Parliamentary Electorates and Elections Act 1912, and included in the register of parties maintained by the Electoral Commissioner, are to be treated as recognised political parties. 2.2 Additional entitlements should not be used to fund: 2.2.1 activities such as those associated with party Membership drives; 2.2.2 mail distributions for non-electorate or non-Parliamentary activities; 2.2.3 costs associated with election campaigning for an individual Member; 2.2.4 fund raising for other party political Members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions, etc); and 2.2.5 costs previously borne by political parties which are not principally related to a Member’s Parliamentary or electorate duties.

2.3 The electorate office provided for a Member of the Legislative Assembly is not to be used as an election campaign office.

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39 7810 OFFICIAL NOTICES 14 September 2001

3. The Tribunal sets out the following additional and general guidelines:

3.1 Some intermingling of a Member’s Parliamentary duties and private activities is in practical terms not always easily avoided, but the onus is always on the Member to show that any expenditure or any claim for reimbursement relates to Parliamentary duties, or to the Parliamentary duties component of costs incurred for intermingled Parliamentary duties and private purposes.

3.2 In the case of electorate work, any activities within the electorate, and in respect of which a Member’s involvement may reasonably be regarded as deriving from the Member’s status as the Parliamentary representative for the electorate, should be treated as Parliamentary duties. 3.3 In the case of Parliamentary work, any activities in which a Member’s involvement may reasonably be regarded as deriving from the Member’s responsibilities as a Parliamentary representative should be treated as Parliamentary duties.

3.4 In the case of a Member’s activities within the broader community outside the Member’s electorate, activities that may reasonably be regarded as deriving from the Member’s status as a Parliamentary representative should be treated as Parliamentary duties.

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40 14 September 2001 OFFICIAL NOTICES 7811

2. Conditions The following general conditions will apply to all additional entitlements determined hereunder. These conditions are in addition to any special conditions attaching to the provision of allowances or other benefits (as specified later in this determination):

1. All procurement by Members will be in accordance with the Parliament’s purchasing policies.

2. Members must ensure that they have sufficient funds to meet the costs associated with their Parliamentary duties.

3. Each member shall have, in addition to payments of the Electoral and Sydney Allowance, an account entitled the “Logistic Support Allocation’ which shall cover expenditure in the areas of transport (excepting for electorate to Sydney travel), communications, printing and stationery.

4. The Logistic Support Allocation shall be established and maintained by the Clerks of the Parliament. Members should be advised by the Clerks each month as to the balance of their Logistic Support Allocation

5. The funds in the Logistic Support Allocation shall only be used by the Member to carry out the purpose for which the allowance is established, but otherwise may, subject to these conditions, manage the funds as he/she thinks appropriate.

6. Nothing shall prevent the use of the Electoral Allowance for legitimate electorate expenses which might also fall within the categories of expenses covered by the Logistic Support Allocation.

7. All accounts must be submitted to the legislature for payment within 60 days of receipt.

8. All Members’ additional entitlements in the nature of fixed allocations and Sydney allowance provided to Members shall be audited annually for compliance. In addition to any internal audit conducted by the Parliament, Members additional entitlements in the nature of fixed allocations and the Sydney allowance provided to Members shall be the subject of an external audit conducted by the Auditor-General of NSW. The cost of any audit shall be met by the Parliament. Members should ensure they maintain appropriate records of expenditure for the purpose of any audit.

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41 7812 OFFICIAL NOTICES 14 September 2001

9. Expenditure is only to be incurred in connection with the Parliamentary duties of Members (and in this respect the Member should refer to the guidelines in this Determination).

10. The various allowances determined here, as well as the Logistic Support Allocation are for the sole use of the Member and are not to be transferred between Members.

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42 14 September 2001 OFFICIAL NOTICES 7813

ADDITIONAL ENTITLEMENTS IN THE NATURE OF ALLOWANCES

1. Electoral Allowance

Purpose and Operation of the Provision

The allowance is based upon those factors which have historically been taken into account in assessing the quantum of the allowance (including the additional costs associated with the performance by Members of their Parliamentary duties in their electorates) and such other factors as may be determined from time to time as appropriate to be taken into account by the Tribunal under the Act.

Entitlement

The allowances shall be paid as follows: a) Each Member of the Legislative Assembly and the Legislative Council shall receive an electoral allowance. The quantum of that allowance shall be fixed in accordance with the electoral grouping for the electorate of the Member. b) The allowance payable for each electorate group shall be as follows:

Electorate Group Allowance Group 1 $32,615 Group 2 $38,195 Group 3 $45,015 Group 4 $49,140 Group 5 $52,275 Group 6 $57,300 Group 7 $60,165 Group 8 $67,015 c) The electoral allowance for each Member of the Legislative Council shall be $38,195.

2. Sydney Allowance

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 43 7814 OFFICIAL NOTICES 14 September 2001

Purpose and Operation of the Provisions

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44 14 September 2001 OFFICIAL NOTICES 7815

Entitlement

The daily rate (including the number of overnight stays) and the annual amount for the Sydney allowance for categories 1 and 2 shall be in accordance with Table 1 below. Where a Member elects for a daily rate, he/she shall be entitled to the daily rate for the number of overnight stays per annum specified in that Table. TABLE 1 Residence Daily Rate Annual Overnight Overnight Overnight in amount Stays p.a. in Sydney Transit to and from Sydney Minister, Speaker, Category 1 140 $164 $127 $22,960 President, Leader of the or 2 Opposition (Assembly and Council), Leader of Third Party in Assembly with not less than 10 Members. Deputy Speaker, Chairman Category 1 120 $164 $127 $19,680 of Committees in the or 2 Legislative Assembly and Chairman of Committees in the Legislative Council. Parliamentary Category 1 90 $164 $127 $14,760 Secretary/Shadow Minister Category 2 120 $164 $127 $19,680 Other Assembly/Council Category 1 90 $164 $127 $14,760 Members Category 2 120 $164 $127 $19,680

The following conditions apply to the Sydney allowance:

1. A Member can choose to receive the Sydney allowance as either an annual fixed allowance or a daily rate.

2. Where a Member chooses to receive the daily rate of allowance the Member shall receive the overnight daily rate as specified in Table 1 at the ‘Sydney’ or the ‘transit to and from Sydney’ rate as applicable. The Member is

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 45 7816 OFFICIAL NOTICES 14 September 2001

entitled to the number of overnight stays per annum specified in Table 1 without the need to substantiate to the Parliament expenses up to the daily rate.

3. Where the daily costs exceed the daily rate, full substantiation of daily costs will be required.

4. Where the number of overnight stays is exceeded, documentary evidence of each overnight stay will be required.

5. When in receipt of the annual allowance Members are required to certify at the end of the financial year the number of occasions they stayed in Sydney and that on each occasion the stay was for Parliamentary business. Members who nominate to receive the annual allowance cannot claim for additional overnight stays in excess of those specified in Table 1.

6. Members will need to maintain records or other relevant evidence which clearly document the occasions they stayed in Sydney in connection with their Parliamentary duties. Such documentation could include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled and stayed in Sydney in connection with Parliamentary duties.

7. Members in receipt of the annual amount will be required to return to Parliament the unspent portion of the Allowance for re-credit of the Consolidated Fund.

8. Members are not to claim the Sydney Allowance if they stay in Government owned or funded accommodation including Parliament House.

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3. Committee Allowances

Purpose and Operation of the Provision Committee Allowances are paid to Chairpersons of Joint and Select Committees in recognition of the additional responsibilities of the office. Because of the statutory nature of the Public Accounts Committee and its role in Government activities, an annual rate of allowance is payable to Members of the Public Accounts Committee.

Entitlement The allowances shall be paid as follows: a) Members of the Legislative Council and the Legislative Assembly serving as Chairpersons of Joint Committees, Select Committees and Standing Committees shall be paid the sum of $125.00 for each day upon which they attend a meeting or an official visit of inspection if that day is one upon which the Legislative Council (so far as a Member of the Council is concerned) or the Legislative Assembly (so far as a Member of the Assembly is concerned) is not sitting. This allowance is not payable to Chairpersons in receipt of a salary of office as specified in Schedule 1 of the Parliamentary Remuneration Act 1989. b) Members of the Public Accounts Committee, other than the Chairperson, shall each receive a committee allowance of $2,845 per annum.

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ADDITIONAL ENTITLEMENTS IN THE NATURE OF FIXED ALLOCATIONS

1. Electorate to Sydney Travel

Purpose and Operation of the Provisions Members of the Legislative Assembly who reside in electorate groups 2 to 8 and Members of the Legislative Council who reside in zones 2 or 3 qualify for return air travel warrants between their electorates/zones and Sydney.

These entitlements are provided for the performance of Parliamentary duties.

All eligible Members shall receive one hundred and four (104) single economy class journeys per annum between electorate/zone and Sydney.

Where eligible, each of the below mentioned recognised office holders shall be entitled to the following additional electorate to Sydney travel entitlements per annum.

Entitlement Office holder Electorate to Sydney travel entitlement Minister of the Crown 32 single journey entitlements Speaker of the Legislative Assembly 32 single journey entitlements President of the Legislative Council 32 single journey entitlements Leader of the Opposition Assembly and Council 32 single journey entitlements Leader of Party (not less than 10 Members in the 32 single journey entitlements Legislative Assembly) Chairman of Committees Legislative Assembly 32 single journey entitlements. and Legislative Council Deputy Speaker 32 single journey entitlements Deputy Leader of the Opposition Assembly and 16 single journey entitlements Council Deputy Leader of Party (not less than 10 16 single journey entitlements Members in the Legislative Assembly)

Conditions

1. All electorate to Sydney travel and return is restricted to economy class. 48 NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7819

2. Warrants may be used to meet the cost of using a private motor vehicle or rental vehicle in lieu of electorate to Sydney air travel. The amount of warrants used for this purpose shall be assessed by calculating the reasonable cost of using the motor vehicle over the distance travelled.

3. A minimum of one warrant is required to be surrendered for each single journey; a return trip will require the surrender of at least two warrants.

4. Warrants are not transferable between Members, spouses or approved relatives, or Members staff.

5. Where the determination refers to warrants the expression is intended to include a reference to the existing system for electorate to Sydney travel used for the Legislative Council.

6. Members may use electorate to Sydney warrants to defray part of the cost of intrastate and interstate Parliamentary travel when such travel is via Sydney.

7. Members may charter a plane in lieu of travelling on commercial flights provided that travel is for electorate and/or parliamentary business and that sufficient warrants based on the equivalent commercial cost of each person travelling are surrendered. The cost of Member’s spouse or approved relative travelling on the charter is to be met from the Member’s Logistic Support Allocation. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is sent for payment.

8. A Member’s air transport bookings for Parliamentary duties are to be made through the booking agent nominated in the NSW government travel contract, for all types of transport covered by the contract. Should the official NSW government travel booking agent not offer a booking service required by a Member for Parliamentary duties, the Member’s transport bookings for that service may be made directly with the transport provider.

9. Benefits accrued by a Member by way of loyalty/incentive schemes such as frequent flyers, as a consequence of the Member using his or her additional entitlements, are to be used only for Parliamentary duties and not for private purposes. Any outstanding benefits of this nature, when the Member ceases to be a Member, are to be forfeited.

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10. Members will need to maintain records or other relevant evidence which clearly document the occasions they travelled to Sydney in connection with their Parliamentary duties. Such documentation could include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled to Sydney in connection with Parliamentary duties.

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50 14 September 2001 OFFICIAL NOTICES 7821

2. Logistic Support Allocation

Purpose and Operation of the Provision The Clerks of the Parliament will establish a Logistic Support Allocation Account for each Member. Each Member’s Logistic Support Allocation Account may be applied for the following purposes:

∗ All interstate and intrastate transport for Parliamentary business (any mode) excepting electorate to Sydney travel. ∗ Taxi travel ∗ Staff travel costs (training excluded) ∗ Airport parking ∗ Transport expenses for Members spouse or other approved relative ∗ Home telephone, facsimile and internet call charges for official business ∗ Mobile telephone call charges and network access fees. ∗ Mail distribution and postal delivery services. ∗ Post Office box rental. ∗ Fax Post, Express Post and Lettergram Services ∗ Postage stamps ∗ All stationery costs ∗ Courier and Freight charges for delivery of stationery or equipment to electorate or home office ∗ Costs associated with photocopying. ∗ Printing (both Parliament house and external providers) ∗ Publication services at Parliament House. ∗ Developing and hosting a web page for individual Member ∗ Minor office equipment purchases up to $2,000 ∗ Any maintenance charges relating to these minor equipment purchases. ∗ Computer software

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51 7822 OFFICIAL NOTICES 14 September 2001

Entitlement Each Member and Recognised Office Holder of the Legislative Assembly who resides in one of the following electorate groups will be entitled to an annual allocation for the Logistic Support Allocation as follows:

Electorate Group Entitlement

Group 1 $25,340 Group 2 $28,410 Group 3 $30,410 Group 4 $30,410 Group 5 $30,410 Group 6 $30,410 Group 7 $32,410 Group 8 $32,410

Each Member and Recognised Office Holder of the Legislative Council who resides in one of the following zones will be entitled to an annual allocation for the Logistic Support Allocation as follows:

Zone Entitlement

Group 1 $17,110 Group 2 $17,110 Group 3 $26,320

Recognised Office Holders are entitled to further additional entitlements as specified in Schedule 3. . Shadow Ministers are entitled to further additional entitlements equivalent to a 40% loading on the printing and stationery component of the Logistic Support Allocation.

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General Conditions The following general conditions shall apply to the Logistic Support Allocation Account:

1. Subject to these conditions, each member shall determine at his/her own discretion the use of the funds within this Account for the purpose and operations specified above.

2. It is the primary responsibility of Members to ensure that they manage their Logistic Support Allocation Account to ensure that they do not over-expend their budgets. No supplementation of this Allocation will be allowed by the Tribunal. However, the Logistic Support Allocation is not intended to restrict the proper use of the electoral allowance, which may be used to meet any expense referred to in the ‘purpose and operations’ section of this clause.

3. Members may not use their Logistic Support Allocation to procure goods or services to be used for electioneering purposes or political campaigning.

4. Any unused funds remaining in the Member’s account at the end of each term of the Parliament are to be returned to the Consolidated Fund. The unused funds will be calculated on a financial year basis but no requirement to return funds will arise until the end of each four year term or the earlier dissolution of the Legislative Assembly.

5. Accounts will be paid either directly by the Parliament and debited to a Member’s account or paid in the first instance by the Member who would then seek reimbursement from the Parliament.

6. Members must personally authorise expenditure from their Logistic Support Allocation.

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53 7824 OFFICIAL NOTICES 14 September 2001

Whilst, subject to the further conditions, Members may determine at their discretion the use of the funds available for any purpose and operation specified in this clause, the following table outlines the basis upon which the Tribunal has established the quantum of the account for future assessment. The table shall be used for the future assessment of the Allocation and for particular purposes such as the calculation of additional entitlements for Recognised Office Holders and Shadow Ministers.

Electorate Transport Communication Communication Printing and Total Group or –electronic –non- Stationery Logistic electronic Zone and Office Support Supplies Allowance Legislative Assembly Group 1 $4,000 $3,210 $11,770 $6,360 $25,340 Group 2 $6,000 $4,280 $11,770 $6,360 $28,410 Group 3 $8,000 $4,280 $11,770 $6,360 $30,410 Group 4 $8,000 $4,280 $11,770 $6,360 $30,410 Group 5 $8,000 $4,280 $11,770 $6,360 $30,410 Group 6 $8,000 $4,280 $11,770 $6,360 $30,410 Group 7 $10,000 $4,280 $11,770 $6,360 $32,410 Group 8 $10,000 $4,280 $11,770 $6,360 $32,410 Legislative Council Zone 1 $4,000 $3,750 $3,000 $6,360 $17,110 Zone 2 $4,000 $4,280 $3,000 $6,360 $17,640 Zone 3 $10,000 $6,960 $3,000 $6,360 $26,320

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54 14 September 2001 OFFICIAL NOTICES 7825

Particular Conditions.

Transport (Other than Electorate or Electorate to Sydney transport) 1. A Member may use any form of transport within Australia subject to the requirement that the transport was used for Parliamentary or electorate duties and that the cost was reasonable.

2. A Member may travel to any place in Australia, subject to the requirement that all such travel must be for Parliamentary duties and that there must be, at the time of the making of the relevant reservation, sufficient funds in that Member’s Account to pay for the expenses involved.

3. All transport costs associated with spouse/approved relative or Members staff travel (excluding travel costs associated with staff training) are to be provided from the Logistic Support Allocation Account. Staff training costs are to be met by the Legislature.

4. Members and their spouses/approved relatives, when travelling in connection with their Parliamentary duties, may claim reasonable actual accommodation and meal expenses from the Members’ Logistic Support Allocation. The reimbursement of these expenses may not exceed $209 per night for capital cities and $131 per night for other areas.

5. A Member and his or her spouse or approved relative may travel together or separately in connection with attendance at a function in the course of Parliamentary duties.

6. A Member may use taxis or hire cars for Parliamentary duties.

7. A Member’s air transport bookings for Parliamentary duties are to be made through the booking agent nominated in the NSW government travel contract, for all types of transport covered by the contract. Should the official NSW government travel booking agent not offer a booking service required by a Member for Parliamentary duties, the Member’s transport bookings for that service may be made directly with the transport provider.

8. Benefits accrued by a Member by way of loyalty/incentive schemes such as frequent flyers, as a consequence of the Member using his or her additional entitlements, are to be used only for Parliamentary duties and not for private purposes. Any outstanding benefits of this nature, when the Member ceases to be a Member, are to be forfeited.

9. Members should require their staff to maintain records which clearly document the occasions NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 55 7826 OFFICIAL NOTICES 14 September 2001

they stayed in Sydney in connection with their parliamentary duties. Such documentation may include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled and stayed in Sydney accommodation in connection with Parliamentary duties.

10. A Member may use charter transport in connection with Parliamentary duties, but only within the limits of the Member’s individual Logistic Support Allocation. No passenger, except the Member’s spouse or an approved relative accompanying the Member on Parliamentary duties, may be carried at the cost of the Member’s Logistic Support Allocation entitlement. Where more than one Member is travelling on the air charter, the total air charter cost should be covered by arrangement between the Members travelling.

11. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is submitted for payment to the Legislature.

Communication – electronic

1. The Tribunal accepts that there will be some private usage in connection with mobile telephones supplied by the Parliament and electronic communication equipment installed at public expense in a Members’ principal place of residence. To ensure the Legislature does not pay Fringe Benefits Tax for the private usage of electronic equipment, the Financial Controller will undertake a survey over an appropriate period of time to ascertain public/private percentage use of Members’ home telephones. Once established Members will be reimbursed the parliamentary business cost of each home telephone call account and an adjustment shall be made to previous accounts reimbursed from the effective date of this determination on or from the date of election, whichever is the later.

2. The parliamentary business use component of the following telecommunication services are eligible for reimbursement:

• Directory assistance charges (only applies to business lines). • Call connect charges (extension of directory assistance) • Messagebank • Call waiting • Call forwarding/diversion • Last unanswered call recall 56 NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 OFFICIAL NOTICES 7827

• Telephone director charges for home telephone listings (which are in addition to standard free entry).

3. The following Recognised Office Holders shall be entitled to 100% reimbursement for electronic-communication costs including overseas calls for Parliamentary business.

• Ministers • Presiding Officers • Leader of the Opposition (Assembly and Council) • Leader of a Party not less than 10 Members in the Legislative Assembly • Chairman of Committees (Assembly and Council) • Deputy Speaker • Deputy Leader of the Opposition (Assembly and Council) • Deputy Leader of a Party not less than 10 Members in the Legislative Assembly • Parliamentary Secretaries (Assembly and Council) • Government and Opposition Whips (Assembly and Council) • Whip of a third party with not less than 10 Members (Legislative Assembly) • Deputy Whips (Legislative Assembly)

4. A fax line installed at Legislative Council Members home office continue to be reimbursed at the rate of 100%. 5. Call and rental charges pertaining to a data line installed at Legislative Council Members’ home offices be reimbursed at the rate of 100% subject to the line being used for Parliamentary duties.

6. Members will be required to meet the cost of all overseas calls, other charged information/service calls, reverse charge calls and home-link Telecard calls.

7. Accounts will be paid either directly by the Parliament and debited to a Member’s account or paid in the first instance by the Member who would then seek reimbursement from the Parliament.

Communication - non-electronic

Members are permitted to purchase postage stamps or other mail distribution and delivery services and make arrangementsNEW for SOUTHpayment WALES direct by GOVERNMENT the Parliament GAZETTE or obtain reimbursement No. 138 by providing substantiation in accordance with the requirements of the Parliament’s administration.

57 • Telephone director charges for home telephone listings (which are in addition to standard free entry).

3. The following Recognised Office Holders shall be entitled to 100% reimbursement for electronic-communication costs including overseas calls for Parliamentary business.

6. Members will be required to meet the cost of all overseas calls, other charged information/service calls, reverse charge calls and home-link Telecard calls.

7. Accounts will be paid either directly by the Parliament and debited to a Member’s account or paid in the first instance by the Member who would then seek reimbursement from the

7828 Parliament. OFFICIAL NOTICES 14 September 2001

Communication - non-electronic

Members are permitted to purchase postage stamps or other mail distribution and delivery services and make arrangements for payment direct by the Parliament or obtain reimbursement by providing substantiation in accordance with the requirements of the Parliament’s administration.

57 Printing, stationery and Office Supplies

1. Members may only use the printing, stationery and office supplies entitlement for Parliamentary duties.

2. The entitlement may be used to purchase printing, stationery and office supplies from the Parliament or other providers and in accordance with Parliamentary procurement policies and practices.

3. A Member may not use their printing, stationery and office supplies allowances to procure goods or services to be used for electioneering purposes or political campaigning.

4. The purchase of computer software from the Logistic Support Allocation is subject to the following conditions:

• The software will not be supported by the Parliament’s I.T. Section. • The software is required to be removed from the computers supplied by the Parliament if there is any conflict with the Parliament’s computer network • The software is not to be used for political campaigning or electioneering purposes.

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58 14 September 2001 OFFICIAL NOTICES 7829

ELECTORATE CHARTER TRANSPORT FOR MEMBERS OF THE LEGISLATIVE ASSEMBLY

Purpose and operation of the provision Members of the largest electorates (Electoral Groups 5-8) shall be provided with an allowance from which are met charter transport costs incurred within their electorates. For the purposes of this allowance “charter transport” means charter transport used with and for the service of the Member’s electorate and includes charter aircraft, drive yourself vehicles and any other mode of charter transport which may be deemed appropriate in the circumstances by the Speaker of the Legislative Assembly.

Entitlement Members of the Legislative Assembly in the following electorate groups shall be entitled to charter transport allowance up to the maximum amount shown below:

Electorates Entitlement Group 8 $16,980 Group 7 $11,250 Group 6 $9,180 Group 5 $5,620

Conditions The following conditions shall apply in respect of Charter Transport Allowance:

1. This allowance shall only be used in connection with Parliamentary duties within the Member’s electorate and shall not be used during election campaigns or for other electioneering or party political activities.

2. Only the cost of the Member’s spouse or approved relative or member of staff accompanying the Member may be met from this allowance.

3. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is submitted for payment to the Legislature.

4. Members are to meet the cost of the air charter and seek reimbursement from the Financial Controller with appropriateNEW SOUTH certification WALES GOVERNMENTas to the purpose GAZETTEof the charter. No. 138

59 ELECTORATE CHARTER TRANSPORT FOR MEMBERS OF THE LEGISLATIVE ASSEMBLY

Entitlement Members of the Legislative Assembly in the following electorate groups shall be entitled to charter transport allowance up to the maximum amount shown below:

Electorates Entitlement Group 8 $16,980 Group 7 $11,250 Group 6 $9,180 Group 5 $5,620

Conditions The following conditions shall apply in respect of Charter Transport Allowance:

2. Only the cost of the Member’s spouse or approved relative or member of staff accompanying the Member may be met from this allowance.

3. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it

7830 is submitted for payment to the Legislature. OFFICIAL NOTICES 14 September 2001

4. Members are to meet the cost of the air charter and seek reimbursement from the Financial Controller with appropriate certification as to the purpose of the charter.

5. The charter transport shall only be used within59 and for the service of the Member's electorate. Where the only source of available charter transport is outside the boundaries of the electorate, the reasonable additional expenses consequently incurred may be included in the reimbursement available under this determination.

6. These additional entitlements shall be audited annually for compliance. In addition to any internal audit conducted by the Parliament, Members additional entitlements shall be the subject of an external audit conducted by the Auditor General of NSW. The cost of any auditing shall be met by the Parliament. Members should ensure they maintain appropriate records of expenditure.

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60 14 September 2001 OFFICIAL NOTICES 7831

TRAVELLING ALLOWANCE FOR RECOGNISED OFFICE HOLDERS

When travelling on official business Recognised Office Holders shall be paid a travel allowance in addition to other transport allocations within this determination in accordance with Table 2 below: TABLE 2 Recognised Office Holder CAPITAL OTHER WHERE NO CITIES (incl. AREAS OVERNIGHT Canberra) STAY IS REQUIRED Premier $348 $192 $87 Ministers $280 $159 $70 President of the Legislative Council and $280 $159 $70 Speaker of the Legislative Assembly Leader and Deputy Leader of the $280 $159 $70 Opposition in the Legislative Council Leader and Deputy-Leader of the $280 $159 $70 Opposition in the Legislative Assembly Leader and Deputy Leader of a $280 $159 $70 Recognised Political Party of which not less than ten Members are Members of the Legislative Assembly Chairman of Select, Joint Standing and $280 $159 $70 Public Accounts Committees Members of Select, Joint and Public $209 $131 $51 Accounts Committees

The following conditions shall apply in respect of this allowance:

1. To be eligible for travelling allowance, Recognised Office Holders will need to be absent from Sydney or their electorate/principle home residence for a period in excess of six hours where no overnight absence is involved. Where absence overnight is involved, the absence must extend six hours beyond the first period of twenty-four hours before a second day's allowance is payable. The second day's allowance is as shown in the column headed "Where no overnight stay is involved".

2. On occasions when the rates of travelling allowance set out above prove to be insufficient, reimbursement of NEWactual SOUTHand reasonable WALES expenses GOVERNMENT shall be allowed, GAZETTE subject No. 138to the production of tax

61 TRAVELLING ALLOWANCE FOR RECOGNISED OFFICE HOLDERS

The following conditions shall apply in respect of this allowance:

7832 second day's allowance is as shown inOFFICIAL the column NOTICES headed "Where no overnight stay14 September is involved". 2001

2. On occasions when the rates of travelling allowance set out above prove to be insufficient, reimbursement of actual and reasonable expenses shall be allowed, subject to the production of tax invoices/receipts relating to accommodation, meal and other incidental expenses by the Recognised Office Holder concerned. 61

3. A Recognised Office Holder whose spouse accompanies him or her to a State or other official function and who consequently incurs expenses in respect of meals and accommodation for Recognised Office Holder and spouse exceeding the allowance to which he or she is entitled as indicated above, shall be entitled to be reimbursed the additional expenses associated with the spouse. This provision applies to the "approved relative" of a Recognised Office Holders in a case where there is no spouse.

4. Those Recognised Office Holders for whom non-Parliamentary funded budgets are provided are to meet travel allowance costs from those budgets and not from the Parliament.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

62 14 September 2001 OFFICIAL NOTICES 7833

TRAVELLING ALLOWANCE FOR SHADOW MINISTERS

Shadow Ministers shall be paid a travel allowance in addition to other transport allocations within this determination in accordance with the following table: TABLE 3 Office Holder CAPITAL OTHER WHERE NO OVERNIGHT CITIES (incl. AREAS STAY IN REQUIRED Canberra) Shadow Ministers $209 $131 $51

The following conditions shall apply in respect of this allowance:

1. To be eligible for travelling allowance, Shadow Ministers will need to be absent from Sydney or their electorate/principal home residence for a period in excess of six hours where no overnight absence is involved. Where absence overnight is involved, the absence must extend six hours beyond the first period of twenty-four hours before a second day's allowance is payable. The second day's allowance is as shown in the column headed "Where no overnight stay is involved".

3. A Shadow Minister whose spouse accompanies him or her to a State or other official function and who consequently incurs expenses in respect of meals and accommodation for Shadow Minister Holder and spouse exceeding the allowance to which he or she is entitled as indicated above, shall be entitled to be reimbursed the additional expenses associated with the spouse. This provision applies to the "approved relative" of a Shadow Minister in a case where there is no spouse.

4. Those Shadow Minister for whom non-Parliamentary funded budgets are provided are to meet travel allowance costs from those budgets and not from the Parliament.

EQUIPMENT, SERVICES AND FACILITIES

Members of the Legislative Assembly and the Legislative Council shall be provided by the Parliament with theNEW equipment, SOUTH services WALES GOVERNMENTand facilities necessary GAZETTE to No.perform 138 their Parliamentary duties as follows: 63 TRAVELLING ALLOWANCE FOR SHADOW MINISTERS

The following conditions shall apply in respect of this allowance:

4. Those Shadow Minister for whom non-Parliamentary funded budgets are provided are to meet

7834 travel allowance costs from those budgetsOFFICIAL and NOTICES not from the Parliament. 14 September 2001

EQUIPMENT, SERVICES AND FACILITIES

Members of the Legislative Assembly and the Legislative Council shall be provided by the Parliament with the equipment, services and facilities necessary to perform their Parliamentary duties as follows: 63 1. All members shall receive at the Parliament House, Sydney, a fitted out, equipped and maintained office, and secretarial services.

2. Each Member of the Legislative Assembly shall receive a fitted out, equipped and maintained Electorate Office to an appropriate standard. The Member for Murray-Darling is to be provided with an additional electorate office.

3. Each Member shall be supplied equipment and ancillary services in the Member’s private residence (or if the Member has more than one private residence then in the Member’s principal private residence) including a telephone and a facsimile machine, for the performance by the Member of Parliamentary duties.

4. Each Member shall receive portable equipment to supplement the provision of equipment as referred to in clauses 1, 2 and 3 above, except where such equipment is already provided by the Executive Government. This portable equipment shall include, but is not limited to, a mobile telephone and a notebook computer.

5. Each Member of the Legislative Council shall have a separate data line installed in their home office to provide access to the Parliament’s secure computer network..

6. The presiding officers are to provide administrative support to each Member in accordance with the following:

(i) Subject to (ii), each Member of the Legislative Assembly shall have two staff members employed at each electoral office.

(ii) Each Member of the Legislative Assembly elected as an Independent shall have an additional staff member employed at his/her electoral office.

(iii) Each Member of the Legislative Council, who is not a Minister, shall be entitled to one staff NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 member.

(iv) Each Member of the Legislative Council, who is not a Minister, and who is elected as a cross bench Member shall be entitled to two staff members.

(v) Ministers shall receive a reasonable allocation of staff members.

64 1. All members shall receive at the Parliament House, Sydney, a fitted out, equipped and maintained office, and secretarial services.

5. Each Member of the Legislative Council shall have a separate data line installed in their home office to provide access to the Parliament’s secure computer network..

6. The presiding officers are to provide administrative support to each Member in accordance

14 Septemberwith the 2001following: OFFICIAL NOTICES 7835

(i) Subject to (ii), each Member of the Legislative Assembly shall have two staff members employed at each electoral office.

(ii) Each Member of the Legislative Assembly elected as an Independent shall have an additional staff member employed at his/her electoral office.

(iii) Each Member of the Legislative Council, who is not a Minister, shall be entitled to one staff member.

(iv) Each Member of the Legislative Council, who is not a Minister, and who is elected as a cross bench Member shall be entitled to two staff members.

(v) Ministers shall receive a reasonable allocation of staff members.

(vi) This provision specifies the minimum staffing required in electorate offices. Nothing in this determination removes from the employer of staff the obligations arising under the Occupational Health and Safety Act 1983.64

Dated this 15th of August 2001.

The Hon (Justice) Michael Walton THE PARLIAMENTARY REMUNERATION TRIBUNAL

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

65 7836 OFFICIAL NOTICES 14 September 2001

ELECTORAL GROUPS SCHEDULE 1

Group 1 Electorates 1. Auburn 17. Granville 33. North Shore 2. Bankstown 18. Heffron 34. Parramatta 3. Baulkham Hills 19. Hornsby 35. Penrith 4. Blacktown 20. Kogarah 36. Pittwater 5. Bligh 21. Ku-ring- gai 37. Port Jackson 6. Cabramatta 22. Lakemba 38. Riverstone 7. Campbelltown 23. Lane Cove 39. Rockdale 8. Canterbury 24. Liverpool 40. Ryde 9. Coogee 25. Macquarie Fields 41. Smithfield 10. Cronulla 26. Manly 42. Strathfield 11. Davidson 27. Maroubra 43. The Hills 12. Drummoyne 28. Marrickville 44. Vaucluse 13. East Hills 29. Menai 45. Wakehurst 14. Epping 30. Miranda 46. Wentworthville 15. Fairfield 31. Mount Druitt 47. Willoughby 16. Georges River 32. Mulgoa Group 2 Electorates 1. Blue Mountains 7. Illawarra 13. Peats 2. Camden 8. Keira 14. Swansea 3. Charlestown 9. Kiama 15. The Entrance 4. Gosford 10. Lake Macquarie 16. Wallsend 5. Hawkesbury 11. Londonderry 17. Wollongong 6. Heathcote 12. Newcastle 18. Wyong

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

66 14 September 2001 OFFICIAL NOTICES 7837

SCHEDULE 1

Group 3 Electorates 1. Ballina 5. Myall Lakes 8. South Coast 2. Cessnock 6. Port Macquarie 9. Southern Highlands 3. Coffs Harbour 7. Port Stephens 10. Tweed 4. Maitland Group 4 Electorates 1. Albury 4. Dubbo 7. Oxley 2. Bathurst 5. Lismore 8. Tamworth 3. Bega 6. Orange 9. Wagga Wagga Group 5 Electorates 1. Burrinjuck 2. Clarence 3. Monaro 4. Northern Tablelands Group 6 Electorates 1. Lachlan 2. Murrumbidgee 3. Upper Hunter Group 7 Electorates 1. Barwon Group 8 Electorates 1. Murray-Darling

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

67 7838 OFFICIAL NOTICES 14 September 2001

SYDNEY ALLOWANCE GROUPINGS SCHEDULE 2

Category 1 1. Blue Mountains 7. Heathcote 13. Newcastle 2. Camden 8. Illawarra 14. Peats 3. Campbelltown 9. Keira 15. Swansea 4. Charlestown 10. Kiama 16. The Entrance 5. Gosford 11. Lake Macquarie 17. Wallsend 6. Hawkesbury 12. Londonderry 18. Wollongong 19. Wyong

Category 2 1. Albury 11. Lachlan 20. Oxley 2. Ballina 12. Lismore 21. Port Macquarie 3. Barwon 13. Maitland 22. Port Stephens 4. Bathurst 14. Monaro 23. South Coast 5. Burrinjuck 15. Murray-Darling 24. Southern Highlands 6. Bega 16. Murrumbidgee 25. Tamworth 7. Cessnock 17. Myall Lakes 26. Tweed 8. Clarence 18. Northern Tablelands 27. Upper Hunter 9. Coffs Harbour 19. Orange 28. Wagga Wagga 10. Dubbo

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

68 14 September 2001 OFFICIAL NOTICES 7839

LEGISLATIVE COUNCIL ZONES SCHEDULE 2A

Zone 1 Electorates 1. Auburn 17. Granville 33. North Shore 2. Bankstown 18. Heffron 34. Parramatta 3. Baulkham Hills 19. Hornsby 35. Penrith 4. Blacktown 20. Kogarah 36. Pittwater 5. Bligh 21. Ku-ring- gai 37. Port Jackson 6. Cabramatta 22. Lakemba 38. Riverstone 7. Campbelltown 23. Lane Cove 39. Rockdale 8. Canterbury 24. Liverpool 40. Ryde 9. Coogee 25. Macquarie Fields 41. Smithfield 10. Cronulla 26. Manly 42. Strathfield 11. Davidson 27. Maroubra 43. The Hills 12. Drummoyne 28. Marrickville 44. Vaucluse 13. East Hills 29. Menai 45. Wakehurst 14. Epping 30. Miranda 46. Wentworthville 15. Fairfield 31. Mount Druitt 47. Willoughby 16. Georges River 32. Mulgoa Zone 2 Electorates 1. Blue Mountains 7. Illawarra 13. Peats 2. Camden 8. Keira 14. Swansea 3. Charlestown 9. Kiama 15. The Entrance 4. Gosford 10. Lake Macquarie 16. Wallsend 5. Hawkesbury 11. Londonderry 17. Wollongong 6. Heathcote 12. Newcastle 18. Wyong

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

69 7840 OFFICIAL NOTICES 14 September 2001

LEGISLATIVE COUNCIL ZONES SCHEDULE 2A

Zone 3 Electorates 1. Albury 11. Lachlan 21. Port Macquarie 2. Ballina 12. Lismore 22. Port Stephens 3. Barwon 13. Maitland 23. South Coast 4. Bathurst 14. Monaro 24. Southern Highlands 5. Bega 15. Murrumbidgee 25. Tamworth 6. Burrinjuck 16. Murray-Darling 26. Tweed 7. Cessnock 17. Myall Lakes 27. Upper Hunter 8. Clarence 18. Northern Tablelands 28. Wagga Wagga 9. Coffs Harbour 19. Orange 10. Dubbo 20. Oxley

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

70 14 September 2001 OFFICIAL NOTICES 7841

RECOGNISED OFFICE HOLDER AND SCHEDULE 3 OTHER MEMBER ENTITLEMENTS

Recognised Transport Communication Communication Printing & Office Holder (electronic) ( non- electronic) Stationery Presiding 30% 55%(A) 40% Officer 175%(C) Minister 40% Deputy 40% Speaker, Chair of Committees Leader of the 20%(A) 140%(A) 40% Opposition 175%(C) Deputy Leader 15%(C) 40% of the Opposition Whips 15%(C) 40% Party Leader 15% 20% (not less than 10 Members) Deputy Party 10% 40% Leader (not less than 10 Members) Leader of the 15% 15% 40% National Party (in Opposition with not less than 10 Members in LA) Other 40% Recognised Office Holders Shadow 40% Ministers Independent 20% Members

• Where entitlements formerly provided for the recognised office holder’s spouse these have been included in the allocation.

• Where an entitlement is followed by (A) or (C) it applied only to the office holder in either the Assembly or the Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138

71 7842 Advice of the Secretary of Treasury OFFICIAL Pursuant NOTICES to Section 13(5) of the Parliamentary 14 September 2001 Remuneration Act, 1989

The followingAdvice of comments the Secretary on the of Parliamentary Treasury Pursuant Remuneration to Section Tribunal’s 13(5) of 2001 the Parliamentaryannual determination are made pursuant to Section 13 (5) Remunerationof the Parliamentary Act, 1989Remuneration Act, 1989 by the Secretary of the Treasury. The following comments on the Parliamentary Remuneration Tribunal’s 2001 annual determination areFinancial made pursuant Implications to Section 13 (5) of the Parliamentary Remuneration Act, 1989 by the Secretary of the Treasury. The 2001 annual determination is fundamentally consistent with the previous determination and the FinancialNSW Budget Implications Administration and Policy framework.

TheThe 2001table annualbelow showsdetermination the variation is fundamentally in entitlements consistent over the with 2000 the determination. previous determination and the NSW Budget Administration and Policy framework. For the purpose of calculating the financial costs, the estimates are based on the 2000 composition Theof the table Legislative below shows Assembly the variation and the in Councilentitlements membership. over the 2000 It is determination.also assumed that there were no changes to the electorate groupings. Estimates have not been provided where the maximum Forremuneration the purpose limits of calculating for the particular the financial allowances costs, are the not estimates defined. are Sydney based allowanceon the 2000 is calculatedcomposition on ofannual the Legislativeamount allocated Assembly to members and the Counciland Committee membership. Allowance It is alsois calculated assumed for that Public there Accountswere no changesCommittee to onlythe electoratesince other groupings.ad hoc committees Estimates cannot have be not estimated. been provided where the maximum remuneration limits for the particular allowances are not defined. Sydney allowance is calculated on annual amountENTITLEMENT allocated to members and Committee 2000 Allowance DET. is 2001calculated DET. for INCREASEPublic Accounts CommitteeElectoral only since Allowance other ad hoc committees cannot$4,929,585 be estimated. $ 5,225,195 $295,610 Sydney allowance** $1,074,150 $1,138,599 $64,449 ENTITLEMENTCommittee Allowance*** 2000$13,700 DET. 2001 $13,700 DET. INCREASENo Change ElectoralElectorate Allowance to Sydney Travel$4,929,585 Not Est. $ Not 5,225,195 Est* $295,610 No Change SydneyLogistic allowance** Support Allocation $1,074,150$3,109,600 $1,138,599 $3,331,460 $64,449 $221,860 CommitteeElectorate Charter Allowance*** Transport $13,700$78,250 $13,700 $78,250 NoNo ChangeChange ElectorateTravelling to Allowance Sydney Travel for recog. Off. NotNot Est.Est. Not Not Est*Est. No No ChangeChange Logisticholders Support Allocation $3,109,600 $3,331,460 $221,860 ElectorateTravelling Charter Allowance Transport for Shadow $78,250Not Est. $78,250 Not Est.No No ChangeChange TravellingMinist. Allowance for recog. Off. Not Est. Not Est. No Change holdersEquipment, Services & Facilities Not defined Not defined Not defined TravellingTOTAL Allowance forMINIMUM Shadow Not$9,205,285 Est. Not $ 9,787,204 Est. No $ 581,919 Change Minist.EXPENDITURE Equipment, Services & Facilities Not defined Not defined Not defined Member entitlementsTOTAL have increased MINIMUMby $581,919 over$9,205,285 the 2000 determination, $ 9,787,204 which $ 581,919 represents a 6.3% rise.EXPENDITURE This is in line with the Sydney CPI of 6.2% for year 2000-01. Treasury has been advised that the increase will be accommodated through savings realised from Memberunder expenditure entitlements by havemembers increased and projected by $581,919 savings over on the protected 2000 determination, items. which represents a 6.3% rise. This is in line with the Sydney CPI of 6.2% for year 2000-01. TreasuryAccountability has been and advised Control that the increase will be accommodated through savings realised from under expenditure by members and projected savings on protected items. The accountability mechanisms have been strengthened by requiring that members maintain Accountabilityappropriate expenditure and Control records for audit by NSW Auditor General, and by personally authorising expenditure on their Logistics Support Allocation The accountability mechanisms have been strengthened by requiring that members maintain appropriate expenditure records for audit by NSW Auditor General, and by personally authorising expenditure on their Logistics Support Allocation

Robert Carling Acting Secretary Robert Carling NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 Acting Secretary 72

72 14 September 2001 TENDERS 7843 TENDERS Department of Public Works and Services SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE TENDERS for the undermentioned Period Contracts, Supplies and Services, required for the use of the Public Service, will be received by the Department of Public Works and Services, Level 3, McKell Building, 2-24 Rawson Place, Sydney, NSW 2000, up till 9.30 a.m. on the dates shown below.

18 September 2001 S01/00325 LAND AND PROPERTY INFORMATION NSW, DITM – CATERING CONTRACT. (48) DOCUMENTS: $165.00 PER SET. 025/7191 PRINTING OF ‘THE SCHOOL MAGAZINE’. DOCUMENTS: $110.00 PER SET. 01/7201 SUPPLY OR LEASE/PURCHASE OF ICP ATOMIC EMISSION SPECTROMETER. DOCUMENTS: $110.00 PER SET. 01/7212 WAVELENGTH DISPERSIVE X-RAY SPECTROMETER. DOCUMENTS: $110.00 PER SET. 19 September 2001 003/7112 SPECIAL FLUORESCENT LUMINAIRES. DOCUMENTS: $110.00 PER SET. 20 September 2001 016/7181 AERIAL LADDER PLATFORM VEHICLES. DOCUMENTS: $110.00 PER SET. S01/00108 CLEANING FOR DEPARTMENT OF HOUSING – LIVERPOOL. CATEGORY B. INSPECTION DATE AND (1020) TIME: 28 AUGUST 2001 AT 10:45 AM SHARP. AREA: 18,801.2 SQUARE METERS. DOCUMENTS: $55.00 PER SET. 25 September 2001 S0172563 2001 HSC SECURITY CENTRES, GREATER SYDNEY METRO AREA. DOCUMENTS: $110.00 PER SET. 27 September 2001 S01/00305 CLEANING OF WESTMEAD CORONER’S COURT. CATEGORY D. INSPECTION DATE AND TIME: (906) 13 SEPTEMBER 2001 AT 11:30 AM SHARP. AREA: 611 SQUARE METERS. DOCUMENTS: $27.50 PER SET. 00/7136 REHABILITATION OF OYSTER LEASES IN GEORGES RIVER ESTUARY. DOCUMENTS: $110.00 PER SET. 3 October 2001 ITS004/ MOBILE TELEPHONES, ACCESSORIES AND INSTALLATION; REPAIR AND MAINTENANCE. 2025a DOCUMENTS: $220.00 PER SET. 10 October 2001 S01/00274 CLEANING CENTRAL SQUARE AT 323 CASLEREAGH STREET FOR UP TO 2 YEARS. (32) DOCUMENTS: $55.00 PER SET 11 October 2001 013/7225 MOTOR SPIRIT AND DIESEL TO LORD HOWE ISLAND. DOCUMENTS: $110.00 PER SET 16 October 2001 S01/00238 CLEANING DET BUILDING AT BRIDGE STREET. DOCUMENTS: $55.00 PER SET (191) 014/7220 PROGRESSION OF REFORM WITHIN THE NSW POLICE SERVICE. DOCUMENTS: $110.00 PER SET

TENDER DOCUMENT FEE Tender documents for inspection and purchase, and application forms for Expression of Interest are available at the address above. Where charges apply for tender documents, they are not refundable, cheques and credit cards (Bankcard, Mastercard and Visa) only are acceptable, payable to Department of Public Works and Services. NO CASH payments will be accepted. Documents can be Express Posted on request at an extra cost. Non attendance of mandatory site meetings will render tenders informal. Further Information is available on the Internet (http://www.dpws.nsw.gov.au/tenders)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7844 OFFICIAL NOTICES 14 September 2001 DEPARTMENT OF HOUSING TENDERERS are required to comply with the New South Wales Government’s Code of Practice and Tendering for the Construction Industry.

WESTERN SYDNEY REGIONAL OFFICE MAINTENANCE / UPGRADING (1) HEBERSHAM / ROOTY HILL / WHALAN (JOB No. WSR1752), approximately 84 properties. (2) BLACKETT / SHALVEY (JOB No. WSR 1753), approximately 125 properties. (3) TREGEAR / WHALAN / WILLMOT (JOB No. WSR 1754), approximately 144 properties. External repairs and external painting. FULL BUILDERS LICENCE REQUIRED FOR ALL EXTERNAL REPAIRS AND EXTERNAL PAINTING CONTRACTS. Note: CLOSING 10.00 a.m., TUESDAY, 25 SEPTEMBER 2001. Tender Fee: $55.00 per tender (GST included), payable by cheque or money order. Telephone: 9891 8402 / 9891 8180. Tender documents are available from Western Sydney Regional Office, 106-108 Church Street, Parramatta and tenders close at that office.

Government Printing Service TENDERS FOR PRINTING TENDERS will be received up to 9.30 am on the date specified for the undermentioned printing. Envelopes containing tenders must be addressed to: Government Printer, Unit 5, Block V, 391 Park Road, Regents Park NSW 2143, and have legibly endorsed upon the face thereof the items and description of the printing for which the tender is submitted. Special envelopes are available for this purpose. Tender No. 22328 Closing: 2 October 2001 Advertised for 2 weeks starting Monday 17 September 2001 Tenders are invited on behalf of Department of Community Services for the printing of Curriculum Framework. The kit consists of 4,500 copies each 430 pages text (215 leaves) and 12 divider tabs inserted into a ring binder. Enquiries to Peter Sparks, (02) 9743 8777.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 PRIVATE ADVERTISEMENTS 7845 PRIVATE ADVERTISEMENTS

COUNCIL NOTICES BLACKTOWN CITY COUNCIL BAULKHAM HILLS SHIRE COUNCIL Erratum Permanent Closure of Panmure Street at Windsor Road, THE Notice appearing in the Government Gazette of 20 Rouse Hill July 2001, under the heading of Roads Act 1993, Section 10 (1), in respect to Lot 1, DP 251863, is hereby cancelled. Roads Act 1993 Division 1 Part 4 Dated at Blacktown, 16 August 2001, Ian Reynolds, NOTICE is hereby given that Council intends to proceed General Manager, Blacktown City Council, PO Box 63, Blacktown 2148. with the full closure of Panmure Street, Rouse Hill, at its [0794] intersection with Windsor Road, by the construction of permanent physical barriers, including landscaping and a vehicle turning area. The full road closure is in HASTINGS COUNCIL accordance with the approved Development Control Plan Roads Act 1993 for this area and will allow the completion of subdivision works in the immediate vicinity of Panmure Street. Dedication of Land as Public Road Construction of the closure will now commence as part of the development of a new service station on the corner HASTINGS Council dedicates the land described in the of Panmure Street and Windsor Road. Further information Schedule below as public road pursuant to section 10 of regarding how the closure integrates with the overall the Roads Act 1993. B. SMITH, General Manager, Traffic Management Scheme for this area and with future Hastings Council, corner Lord and Burrawan Streets, Port traffic movements through the Rouse Hill area, may be Macquarie, NSW 2444. obtained by contacting Councilís Manager ñ Traffic and Parking, Mr Andrew King or by viewing the Development Schedule Control Plan at Council. D. MEAD, General Manager, All that piece of land described as Lot 1 in Deposited Baulkham Hills Shire Council, PO Box 75, Castle Hill, Plan 1019665, County and Parish of Macquarie and NSW 1765. [0800] situated on Ocean Drive at Port Macquarie south of Elkhorn Grove. [0789] BELLINGEN SHIRE COUNCIL Public Notice BEGA VALLEY SHIRE COUNCIL Notice of Imposition of Bush Fire Local Government Act 1993 Danger Period ó Rural Fires Act 1997, Section 82 Land Acquisition (Just Terms Compensation) Act 1991 NOTICE is hereby given that pursuant to Section 82 of Notice of Compulsory Acquisition of Easement the Rural Fires Act, 1997, a Bush Fire Danger Period has been declared throughout the Bellingen District THE Bega Valley Shire Council dclares with the approval commencing at midnight 7th September 2001. Residents of Her Excellency the Governor, that the easement over are advised that Fire Permit requirements for all burning land to drain water, described in the Schedule below, is off activities will commence from 8th September 2001 and acquired by compulsory process under the provisions of carry through to the Statutory Bush Fire Danger Period the Land Acquisition (Just Terms Compensation) Act (1st October 2001 to 31st March 2001). Any person 1991. Dated at Bega this 7th day of September 2001. lighting a fire in the open is required to obtain a permit from the permit issuing authority. All permit holders are Schedule responsible for notifying neighbouring land owners and Easement to drain water 2, 2.7 & 3 wide within lots 17 land management authorities 24 hours prior to burning & 18 Section DP 758955 and denoted as ìAî in DP as well as taking appropriate action to ensure containment 1029239. D.G. JESSON, General Manger, Bega Valley Shire and control of fires. Failure to obtain a permit is an Council, Zingel Place, Bega, NSW 2550. [0803] offence under the Rural Fires Act, 1997. Further information regarding fire permits may be obtained by contacting local Rural Fire Brigades or the District Office of the Rural Fire Service at Cnr Bowra and Orara Streets Urunga on (02) 6655 7001. PJ DOYLE, General Manager, Bellingen Shire Council, PO Box 117, Bellingen, NSW 2454. Authorised by: General Manager. Job No. 22070.

[0795]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7846 PRIVATE ADVERTISEMENTS 14 September 2001

RANDWICK CITY COUNCIL E. Any person who contravenes or causes or permits to be contravened the provisions of the Tree Tree Preservation Order Preservation Order shall be guilty of an offence and THE Council of the City of Randwick on the 14th day of liable to presecution. August 2001, resolved that it being expedient for the F. When approval has been issued by way of a purpose of securing amenity and preserving existing Departmental consent, which also permits the amenities, a Tree Preservation Order (TPO) be made under removal of trees covered by this Order, a separate the provisions of Clause 28 of the Randwick Local application under the Tree Preservation Order is not Environmental Plan 1988 and that This Order shall apply necessary. However, should the Development to all land situated within the City of Randwick. That Approval lapse, then an application under the Tree authority to issue tree pruning or removal permits, or to Preservation Order shall be required. commence prosecutions for any breach of this Order, has G. Where a Development Application is lodged after a been delegated to the Director of Asset and Infrastructure Tree Preservation Order permit has been issued, but Services. Pursuant to the provisions of Part 3, Clause 28 prior to the approved tree works being undertaken, of the Randwick Local Environment Plan 1998, the that permit becomes null and void and application Randwick City Council Tree Preservation Order 2001 shall for the pruning/removal of the tree/s must be made be in the following terms: though Councilís Environmental Planning and City A. Randwick City Council hereby makes an Order, to Development department in conjunction with the be known as the Randwick City Council Tree Development Application. Preservation Order 2001, which shall apply to the H. Any person who contravenes, or causes or allows whole Council area. to be contravened, the provisions of the Tree B. In this Order, a ëtreeí is defined as a highly Preservation Order 2001, shall be liable to compartmented, perennial, woody (or fibrous) prosecution and may incur a maximum penalty of shedding plant that is usually tall, single stemmed $1.1 million through the Land and Environmental and long lived. Court or a maximum of $110,000 through the Local C. The following activities are prohibited in all land Court. situated within the City of Randwick unless That Councilís tree policy provides for the pruning of Councilís written consent is sought and obtained trees on public land for the purpose of views where such beforehand: pruning will not compromise the integrity of the tree/s The altering of soil levels by more than 200mms or impact dramatically on the amenity of the area. Any within three (3) metres of the trunk and/or the such work, if approved, is to be carried out to Councilís ringbarking, cutting down, topping, lopping, satisfaction by a suitably qualified arborist and the cost pruning, removing, poisoning, tree root cutting, is to be borne by the applicant. destruction or injury of any of the following trees: That where any application is refused or the applicant is ï Any tree on public land, regardless of size dissatisfied with Councilís determination under the TPO (public land is any land which the public use process, he/she will have to lodge a Development or are entitled to use for a public purpose Application and then appeal to the Land and including but not limited to a public reserve, a Environment Court on Councilís decision. public place, a public road, crown land, This Order does not apply to work carried out under community land, public open space, a public Section 48 of the Electricity Supply Act 1995. walkway and a common); ï Palm tree, cycad or tree fern of whatever size; Schedule 1 ï Any other tree having a height of six (6) metres or more; Botanical name Common name ï Any other tree with a canopy width of four (4) Ligustrum species Privet metres or more; Ailanthus altissima Tree of Heaven ï Any other tree with a trunk circumference Ficus elastica Rubber tree greater than one (1) metre measured one (1) Schefflera actinophylla Umbrella tree metre above the ground (or its equivalent in the Ochna serrulata Ochna case of multi-trunked trees). Nerium oleander Oleander PROVIDED THAT such consent shall not be required in Cotoneaster species Cotoneaster relation to the trees listed in Schedule 1 below. That Council shall forthwith cause notice of the making Such consent SHALL NOT be required in relation to trees of this Order to be published in the Government Gazette where it can be demonstrated to the satisfaction of in the State of New South Wales and in two newspapers Council that the tree is dying, dead or dangerous or circulated within Councilís area. [0811] which are declared noxious weeds in the State of New South Wales or in all land situated within the City of Randwick. Council may apply a total preservation Order to all vegetation existing on a property, which may be of historic or environmental significance to the community. D. Any consent given by Council will be valid for the prescribed work to be carried out within a period of twelve (12) months from the date of issue and may be made subject to such conditions as Council deems fit.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 PRIVATE ADVERTISEMENTS 7847

GREATER TAREE CITY COUNCIL TWEED SHIRE COUNCIL Roads Act 1993 Roads Act 1993 Land Acquisition (Just Terms Compensation) Act 1991 Land Acquisition (Just Terms Compensation) Act 1991 Notice of Compulsory Acquisition of Land Notice of Compulsory Acquisition of Land THE Greater Taree City Council declares, with the THE Tweed Shire Council declares, with the approval of approval of Her Excellency the Governor, that the land Her Excellency the Governor, that the land described in described in the Schedule below, is acquired by the Schedule below excluding mines and deposits of compulsory process in accordance with the provisions of minerals within the land, is acquired by compulsory the Land Acquisition (Just Terms Compensation) Act process in accordance with the provisions of the Land 1991, for the purposes of the Roads Act 1993. Dated at Acquisition (Just Terms Compensation) Act, 1991, for the Taree, 5th September, 2001. G TREVASKIS, General purposes of the Roads Act 1993. Dated at Manager, Greater Taree City Council, PO Box 482, Murwillumbah, 11 September 2001. J.F. GRIFFIN, General TAREE, NSW 2430. Manager, Tweed Shire Council, PO Box 816, Murwillumbah, NSW, 2484 SCHEDULE SCHEDULE Lot 1 DP1025761 [0807] Lots 10, 11, 12 & 14 in DP 772294 Lots 10, 11 & 12 for the purpose of public recreation GREATER TAREE CITY COUNCIL Lot 14 for the purposes of the Roads Act 1993 Roads Act 1993 [0805] Land Acquisition (Just Terms Compensation) Act 1991 TWEED SHIRE COUNCIL Notice of Compulsory Acquisition of Land Roads Act 1993, Section 10 THE Greater Taree City Council declares, with the Dedication of Lands as Public Road approval of Her Excellency the Governor, that the land described in the Schedule below, is acquired by NOTICE is hereby given that the Tweed Shire Council, compulsory process in accordance with the provisions of by resolution of the Council dated 4 April, 2001 has the Land Acquisition (Just Terms Compensation) Act resolved to dedicate the land described hereunder as 1991, for the purposes of the Roads Act 1993. Dated at public road pursuant to Section 10 of the Roads Act, Taree, 5th September, 2001. G TREVASKIS, General 1993. J.F. GRIFFIN, General Manager, Tweed Shire Manager, Greater Taree City Council, PO Box 482, Council, PO Box 816, Murwillumbah, NSW, 2484. TAREE, NSW 2430. SCHEDULE SCHEDULE Lots 1, 2 and 3, DP 1024099 [0806] Lot 7 DP1010899 [0808] WYONG SHIRE COUNCIL GREATER TAREE CITY COUNCIL Part 2 Section 10 Roads Act, 1993 Roads Act 1993, Section 10 NOTICE is given pursuant to Part 2 Section 10 of the Dedication of Land as Public Road Roads Act 1993 that the land in the schedule below is hereby dedicated as Public Road. J S DAWSON, General THE Council of the City of Greater Taree hereby Manager, Wyong Shire Council, PO Box 20, Wyong dedicates, pursuant to Section 10 of the Roads Act 1993, NSW 2259. the land described in the Schedule below as public road. Dated at Taree, 5th September, 2001. G TREVASKIS, General Manager, Greater Taree City Council, PO Box 482, SCHEDULE TAREE, NSW 2430. Lot 144 DP 1005571 Colorado Drive, Blue Haven. [0813] SCHEDULE Lot 7 DP1010899, Lots 1 & 2 DP1025761, Lot 1 DP1025812 [0809]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7848 PRIVATE ADVERTISEMENTS 14 September 2001

CESSNOCK CITY COUNCIL Sale Of Land For Overdue Rates Local Government Act, 1993 NOTICE is hereby given to the persons named hereunder that the Council of the City of Cessnock has resolved in pursuance of Section 713 of the Local Government Act, 1993 to sell the land described hereunder (of which the persons named appear to be the owners or in which they appear to have an interest) and on which the amount of rates and charges states in each as at September 1, 2001 is due: Owner or persons Description Amount of Amount of all other Total having an interest of the Land rates, charges & rates, charges & in the land (Lot, Section, interest overdue interest due and Deposited Plan for more than in arrears and Street address) five (5) years (c) (d) (e) F.A. King Lot 388, DP 755215, $5,590.39 $6,374.24 $11,964.63 112 Greta Street, Aberdare Estate of the Late Lots 5 to 8, DP 4577, $6,186.20 $8,206.63 $14,392.83 E. Toner Brisbane Street, Abermain T.M. Skehan Lot 2, DP 321617, $3,443.82 $5,693.80 $9,137.62 16 Goulburn Street, Abermain P.M. Crockett & Lot 203, DP 755259, $538.70 $2,589.60 $3,128.30 National Australia 9 Seaforth Street, Abermain Bank Ltd N. & B. Maric Lots 4 & 5, Sec.14, DP 758005, $3,458.13 $3,818.57 $7,276.70 29 Stirling Street, Abernethy A. McCloy Lot 24, Section A, DP 8991, $8,423.30 $5,295.12 $13,718.42 Ferguson Street, Cessnock B.C. Edwards Lot 23, Sec. A, DP 8991, $2,309.86 $2,212.53 $4,522.39 Ferguson Street, Cessnock Ace Autos Lot 29, Section A, DP 8991, $226.66 $2,478.34 $2,705.00 (Charlestown) P/L 6 Henderson Street, Cessnock V.J.& N.J. Pointer Lot 4, Sec. 5, DP 3816, $1,028.13 $3,759.83 $4,787.96 17 Main Road, Heddon Greta E.M. Evans Lot 10, Sec. 20, DP 758555, $10,454.88 $3,987.76 $14,442.64 55 Congewai Street, Kearsley M.J. Hughes Lot 1, Sec. 1, DP 758576, $2,533.08 $3,108.12 $5,641.20 1 Cessnock Street, Kitchener Estate of the Late Lot 7, Sec. 51, DP 758590, $142.78 $3,442.40 $3,585.18 H.M. Mason 38 Coronation Street, Kurri Kurri Estate of the Late Lot 3, DP 924006, $5,559.79 $7,654.21 $13,214.00 C. Simpson 46 Deakin Street, Kurri Kurri H.R. Saxer Lot 1, DP 113179, $2,793.80 $1,950.69 $4,744.49 146A Northcote Street, Kurri Kurri B.N. Tape Lot 6, Sec. C, DP 193027, $3,292.25 $3,058.67 $6,350.92 3 Frederick Street, North Rothbury J. Selling Lot 9, Sec. C, DP 193027, $3.80 $1,497.96 $1,501.76 9 Frederick Street, North Rothbury S. & M. Stojanovic Lot 11, DP 11825, $516.28 $2,079.20 $2,595.48 12 Millfield Road, Paxton

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 PRIVATE ADVERTISEMENTS 7849

Owner or persons Description Amount of Amount of all other Total having an interest of the Land rates, charges & rates, charges & in the land (Lot, Section, interest overdue interest due and Deposited Plan for more than in arrears and Street address) five (5) years (c) (d) (e) K.B. Foord & Lot 31, Sec. J, DP 7554, $6,586.58 $5,039.50 $11,626.08 Westpac Banking 46 Rothbury Street, Corporation North Rothbury S. & M. Stojanovic Lot 2, DP 617927, $506.29 $2,357.11 $2,863.40 34 Northcote Street, Paxton S.L. Collett Lot 22, DP 619172, $755.47 $5,884.23 $6,639.70 49 Aberdare Street, Pelaw Main S.H. Horne Lot 3, Sec. 1, DP 13008, $4,762.24 $4,624.09 $9,386.33 22 Rugby Street, Ellalong C.J. Wilkie & Lot 2, Sec. 2, DP 13008, $169.75 $880.97 $1,050.72 Westpac Banking 30 Vulture Street, Ellalong Corporation L.B. Stokes Lot 17, DP 13687, $2,618.36 $3,631.03 $6,249.39 34 Bennett Street, Millfield Culars No. 46 P/L & Lot 38, DP 755213, $4,946.75 $4,918.00 $9,864.75 Commonwealth Bank Boree Track, Laguna of Australia R.D. & R. Rhodes & Lot 45, DP 755213, $998.83 $2,666.38 $3,665.21 Westpac Banking Boree Track, Laguna Corporation Bruttum Pty. Ltd & Lot 1, DP 560471, $3,684.17 $5,132.28 $8,816.45 ANZ Banking Sawyers Gully Group Ltd T.J. Norman Lot 1, DP 772743, $481.50 $1,106.96 $1,588.46 Main Road, Brunkerville M. Silverside & Lot 1, DP 569264, $5,261.26 $5,455.08 $10,716.34 National Australia Sandy Creek Road, Bank Ltd & Pan Mount Vincent Atlas Credits (NSW) Ltd Estate of the Late Lot 35, Sec. F, DP 4748, $4,446.04 $3,249.13 $7,695.17 R.A. Harle 107 Harle Street, Abermain Estate of the Late Lot 44, Sec. F. DP 4748, $4,446.04 $3,249.13 $7,695.17 R.A. Harle 91 Harle Street, Abermain Estate of the Late Lot 52, Sec. F, DP 4748, $4,446.04 $3,249.13 $7,695.17 R.A. Harle 75A Harle Street, Abermain R. Winship & J.T. Lot 12, Sec. C, DP 976366, $5,131.98 $4,068.89 $9,200.87 Hinwood 14 Bell Street, Greta R. Winship & J.T. Lots 18, 19 & 53, Section C, $7,759.67 $5,603.80 $13,363.47 Hinwood DP 976366, 22 Bell Street, Greta R. Winship & J.T. Lots 24 & 59, Sec. C, $6,748.75 $4,404.27 $11,153.02 Hinwood DP 976366, 32 Bell Street, Greta R. Winship & J.T. Lot 43, Sec. C, DP 976366, $4,606.31 $2,091.53 $6,697.84 Hinwood Cuthbert Street, Greta C. Stevens Lot 15, Sec. 5, DP 758834, $7,072.46 $4,960.08 $12,032.54 45 Neath Street, Pelaw Main D. Campbell Pt. Lot 261, DP 755252, $3,701.88 $2,248.30 $5,950.18 15 Mount View Road, Cessnock

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7850 PRIVATE ADVERTISEMENTS 14 September 2001

Owner or persons Description Amount of Amount of all other Total having an interest of the Land rates, charges & rates, charges & in the land (Lot, Section, interest overdue interest due and Deposited Plan for more than in arrears and Street address) five (5) years (c) (d) (e) E.F. Henry Pt. Lot 136, DP 755225, $3,126.75 $3,087.46 $6,214.21 40A Olney Street, Ellalong Perpetual Trustee Lot 1, Sec. 12, DP 4577, $1,768.74 $1,209.57 $2,978.31 Co Ltd Brisbane Street, Abermain M. Doyle & J.T. Lot 19, DP 251809, $4,649.16 $4,599.44 $9,248.60 Love Oakey Creek Road, Pokolbin T.J. Sullivan Lot 1, DP 911452, $2,932.82 $3,829.46 $6,762.28 29 Nelson Street, Greta G. Pope & Advance Lot 1132, DP 809297, $1,175.63 $7,349.59 $8,525.22 Bank of Australia Ltd Olsen Road, Lovedale Central Greta Colliery Lot 2, Sec. C, DP 976366, $3,307.25 $2,119.23 $5,426.48 Ltd 2 Bell Street, Greta Central Greta Collier Lot 3, Sec. C, DP 976366, $3,307.25 $2,119.23 $5,426.48 Ltd 4 Bell Street, Greta F.M. Blanchard Lots 15 & 16, Sec. 18, $6,436.22 $6,137.99 $12,574.21 DP 758555, 12 Tomalpin Street, Kearsley P. Love & J.P. Doyle Lot 1, DP 325411, $3,104.40 $4,257.91 $7,362.31 Wollombi Road, Millfield Anvil Creek Coal Lot 26, Sec. C, DP 976366, $1,316.29 $2,238.96 $3,555.25 Mining Co 36 Bell Street, Greta Estate of the Late Lot 8, Sec. 12, DP 758474, $1,045.74 $4,012.52 $5,058.26 Ruth Miller 55 Anvil Street, Greta Elrington Colliery Lot 1, DP 668987, $220.00 $1,766.82 $1,986.82 Pty Ltd Lake Road, Elrington M. Terry Lot 2, Sec. H, DP 5904, $557.76 $1,013.89 $1,571.65 65 York Street, Greta J.G. Adams & Kurri Lot 1, DP 1030161, $990.09 $5,987.19 $6,977.28 Autos Pty Ltd & Main Road 195, Cliftleigh Diocese of Newcastle B.B. Strong & D.A. Lot 129, DP 755219, $1,108.12 $3,462.95 $4,571.07 Robertson Boree Track, Laguna In default of payment to the Council of the amount stated in column (e) above and any other rates (including extra charges) becoming due and payable after publication of this notice, or any arrangement satisfactory to the Council for the payment of all such rates being entered into by the rateable person before the time fixed for the sale, the said land will be offered for sale at Public Auction at Cessnock City Administration Building, Vincent Street, Cessnock on Saturday, December 15, 2001, commencing at 11.00 a.m. For further information relating to Rates and Charges, please contact Mr. Robert Gallagher on (02) 4993 4178. COLIN COWAN, General Manager, Cessnock City Counicl, P.O. Box 152, Cessnock, NSW 2325. [0790]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 PRIVATE ADVERTISEMENTS 7851

COUNCIL OF THE CITY OF WOLLONGONG Local Government Act 1993 City of Wollongong Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder that the COUNCIL OF THE CITY OF WOLLONGONG has resolved in pursuance of section 713 of the Local Government Act 1993 to sell the land described hereunder of which the persons named appear to be the owners or in which they appear to have an interest and on which the amount of rates stated in each case, as at 10 May 2001 is due: Owner or persons Description Amount of Amount of all other Total having interest of land rates (including rates (including in the land extra charges) extra charges) due overdue for more in arrears than five (5) years (a) (b) (c) (d) (e) Michael Bannister Lot 1 DP 214700 and Lots 9-12 $801.18 $3,214.54 $4,015.72 and Susan Bannister DP 5553 Lawrence Hargrave Dr, Coledale Michael William Lot 9 Sec 1 DP 13284 $604.08 $4,476.80 $5,080.88 Bannister and Susan Asquith Street, Austinmer Jennifer Ritchie Michael William Lots 19-23 DP 10818 $469.33 $2,017.24 $2,486.57 Bannister and Susan Monash Street, Wombarra Jennifer Ritchie Michael William Lot 1 DP 977471 $838.29 $3,123.14 $3,961.43 Bannister and Susan Denmark Street, Wombarra Jennifer Bannister Michael William Lot 4 DP 31838 $770.65 $3,080.24 $3,850.89 Bannister and Susan George Avenue, Bulli Jennifer Bannister Michael William Lot 151A DP 7498 $890.04 $4,168.00 $5,058.04 Bannister and Susan Buttenshaw Drive, Coledale Jennifer Ritchie Michael William Lot 16 Sec 1 DP 109097 $805.27 $5,340.53 $6,145.80 Bannister and Susan Asquith Street, Austinmer Jennifer Ritchie Michael Bannister Lot 21 DP 5553 Lawrence $770.90 $3,250.73 $4,021.63 Hargrave Drive, Wombarra Dennis Brown Lot 7 DP 31838 George Ave, $875.88 $3,232. 57 $4,108.45 Bulli Dennis Brown Lot 98 DP 775176 George Ave, $805.22 $4,891.88 $5,697.10 Bulli David Smith Lot 8 Sec 1 DP 2281 Lawrence $723.89 $3,164.97 $3,888.86 Hargrave Drive, Clifton John Anderson Lot 155 DP 228539 Alanson $927.76 $3,725.67 $4,653.43 Avenue, Bulli Rachael Wilson Lot 11 DP 2486 Short St, $427.23 $2.925.25 $3,352.48 Richmond Corrimal Kevin David Allen Lot 7 Sec 3 DP 2644 $111.99 $466.59 $578.58 Tarawa Road, Helensburgh Dingera Pty Limited Lots 11-12 Sec 2 DP 2644 and $266.62 $341.56 $608.18 Lots 131-132 DP 244970 Cambalong Road, Helensburgh In default of payment to the Council of the amount stated in column (e) above and any other rates (including extra charges) becoming due and payable after publication of this notice, or an arrangement satisfactory to the Council for payment of all such rates being entered into by the rateable person, before the time fixed for the sale, the said land will be offered for sale by public auction by: Martin Morris & Jones, Real Estate on Saturday, 15 December 2001 at 10.30am. City Pacific Hotel, 112 Burelli Street Wollongong. [0801]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7852 PRIVATE ADVERTISEMENTS 14 September 2001

ESTATE NOTICES NOTICE of intended distribution of estate.-Any person having any claim upon the estate of OLIVE MARGARET NOTICE of intended distribution of estate.-Any person LEE, late of 12 Bursill Street, Guildford, in the State of having any claim upon the estate of JOYCE TERESA New South Wales, home duties, who died on 28th June, McINHERNEY, late of 86 Derria Street, Canley Heights, 2001, must send particulars of his claim to the executor, in the State of New South Wales, housewife, who died Richard Bruce Lee, c.o. Maclarens, Solicitors, 232 on 10th July, 2001, must send particulars of his claim to Merrylands Road, Merrylands, within one (1) calendar the executors, Theresa Ann McInherney-Grubb and month from publication of this notice. After that time the Deidre McInherney-Nash, c.o. Maclarens, Solicitors, 232 executor may distribute the assets of the estate having Merrylands Road, Merrylands, within one (1) calendar regard only to the claims of which at the time of month from publication of this notice. After that time the distribution he has notice. Probate was granted in New executors may distribute the assets of the estate having South Wales on 3rd September, 2001. MacLARENS, regard only to the claims of which at the time of Solicitors, 232 Merrylands Road, Merrylands, NSW 2160. distribution they have notice. Probate was granted in New [0793] South Wales on 4th September, 2001. MacLARENS, Solicitors, 232 Merrylands Road, Merrylands, NSW 2160. NOTICE of intended distribution of estate.-Any person [0802] having any claim upon the estate of AGNES JOSEPHINE SARGENT, late of Haberfield, in the State of New South NOTICE of intended distribution of estate.-Any person Wales, femme sole, who died on 10th July, 2001, must having any claim upon the estate of GEORGE MICHAEL send particulars of his claim to the executors, James CRENNAN, late of Randwick, in the State of New South Phillip Cockle and Richard John díApice, c.o. Makinson Wales, Prothonotary Apostolic, who died on 7th August, & díApice, Solicitors, Level 18, 68 Pitt Street, Sydney, 2001, must send particulars of his claim to the executors, within one (1) calendar month from publication of this Christopher James Faisandier and Father Francis Mecham, notice. After that time the executors may distribute the c.o. Makinson & díApice, Solicitors, Level 18, 68 Pitt assets of the estate having regard only to the claims of Street, Sydney, within one (1) calendar month from which at the time of distribution they have notice. Probate publication of this notice. After that time the executors was granted in New South Wales on 31st August, 2001. may distribute the assets of the estate having regard only MAKINSON & DíAPICE, Solicitors, 68 Pitt Street, to the claims of which at the time of distribution they Sydney, NSW 2000 (D.X. 296, Sydney) tel.: 9233 7788. have notice. Probate was granted in New South Wales [0792] on 5th September, 2002. MAKINSON & DíAPICE, Solicitors, 68 Pitt Street, Sydney, NSW 2000, (D.X. 296 NOTICE of intended distribution of estate.-Any person Sydney) tel.: 9233 7788. [0810] having any claim upon the estate of RUTH COLLEEN LANG, late of Umina, in the State of New South Wales, NOTICE of intended distribution of estate.-Any person home duties, who died on 10th June, 2001, must send having any claim upon the estate of LESLEY LILLIAN particulars of his claim to the executrices, Sharon Anne MARGARET SPEINGETT, late of 8 Warialda Street, Gross, Martine Frances Lang and Kylie Louise Dodds, Merrylands, in the State of New South Wales, widow, who c.o. Peninsula Law, Solicitors, 103-105 Blackwall Road, died on 10th June, 2001, must send particulars of his claim Woy Woy or their agents Turner Whelan, Solicitors, to the executors, Christine Lesley Holgate and Warren Level 2, 162 Goulburn Street, Sydney, within one (1) Leslie Springett, c.o. Maclarens, Solicitors, 232 calendar month from publication of this notice. After that Merrylands Road, Merrylands, within one (1) calendar time the executrices may distribute the assets of the month from publication of this notice. After that time the estate having regard only to the claims of which at the executors may distribute the assets of the estate having time of distribution they have notice. Probate was granted regard only to the claims of which at the time of in New South Wales on 27th August, 2001. TURNER distribution they have notice. Probate was granted in New WHELAN, Solicitors, Level 2, 162 Goulburn Street, South Wales on 24th July, 2001. MacLARENS, Solicitors, Sydney. [0791] 232 Merrylands Road, Merrylands, NSW 2160. [0798]

NOTICE of intended distribution of estate.-Any person having any claim upon the estate of IGNATIUS PONITKA, late of 39 Henson Street, Merrylands, in the State of New South Wales, retired, who died on 12th April, 2001, must send particulars of his claim to the executors, Krystine McIntyre and Richard Andrew Ponitka, c.o. Maclarens, Solicitors, 232 Merrylands Road, Merrylands, within one (1) calendar month from publication of this notice. After that time the executors may distribute the assets of the estate having regard only to the claims of which at the time of distribution they have notice. Probate was granted in New South Wales on 27th July, 2001. MacLARENS, Solicitors, 232 Merrylands Road, Merrylands, NSW 2160. [0797]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 14 September 2001 PRIVATE ADVERTISEMENTS 7853

COMPANY NOTICES NOTICE of voluntary liquidation.ñWASON INVESTMENTS PTY LIMITED, ACN 001 087 645.ñNotice is hereby given that at an extraordinary general meeting of the abovenamed company duly convened and held at the registered office of the company, 47 Wason Street, Milton, NSW 2538 on 5th September, 2001 the following special resolution was passed: ìThat the company be wound up voluntarilyî. Dated 5th September 2001. P. J. CAMPBELL, Liquidator, 47 Wason Street, Milton, NSW 2538. [0796]

NOTICE of final meeting of members.ñJEFREN PTY LIMITED (In Voluntary Liquidation), ACN 000 512 069.ñ Notice is hereby given that the final meeting of members of the abovenamed company will be held at Level 6, 72 Pitt Street, Sydney, NSW on 15th October, 2001, to receive the liquidatorís account showing how the winding up has been conducted and to hear any explanations that may be given by the auditor. Dated 14th September 2001. ARTHUR DUFFIELD, Liquidator, Brooks, Deane & Powne, Chartered Accountants, 6th Floor, 72 Pitt Street, Sydney, NSW 2000. [0799]

NOTICE of final general meeting.ñJOPEDA PTY LIMITED (In Voluntary Liquidation), ABN 72 008 512 730.ñNotice is hereby given that the final general meeting of the abovenamed company will be held at 37 Erskine Street, Sydney, NSW on 15th October, 2001, at 10.00 a.m. for the purpose of having laid before it by the liquidator an account showing how the winding up has been conducted and the manner in which the assets of the company have been distributed and a hearing of an explanation of the account by the liquidator. Dated this 10th September 2001. J. FALKNER, Liquidator, c.o. K. B. Raymond & Co., Accountants, 37 Erskine Street, Sydney, NSW 2000. [0804]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138 7854 PRIVATE ADVERTISEMENTS 14 September 2001

NEW SOUTH WALES GOVERNMENT GAZETTE No. 138