Government Gazette

OF THE STATE OF

NEW SOUTH WALES

Week No. 7/2004 Friday, 13 February 2004 Published under authority by cmSolutions Containing numbers 23, 24, 25, 26, Units 5, Block V, Regents Park Industrial Estate 27, 28, 29, 30, 31, 32, 3 3, 34, 35 and 36 391 Park Road, REGENTS PARK 2143 Pages 479 - 700 Phone: 9743 8777 Fax: 9743 8203 Email: [email protected] CONTENTS Numbers 23 to 34 Number 36 SPECIAL SUPPLEMENTS PUBLIC SECTOR NOTICES Total Fire Ban 6 February 2004 ...... 479 Appointments, Resignations, etc...... 699 Local Government Act 1993 - Proclamation...... 481 Total Fire Ban 6 February 2004 ...... 491 Total Fire Ban 7 February 2004 ...... 493 Total Fire Ban 8 February 2004 ...... 495 DEADLINES Total Fire Ban 9 February 2004 ...... 497 Total Fire Ban 10 February 2004 ...... 499 Attention Advertisers . . . Total Fire Ban 11 February 2004...... 501 Government Gazette inquiry times are: Total Fire Ban 11 February 2004...... 503 Monday to Friday: 8.00 am to 4.30 pm Local Government Act 1993 - Proclamation...... 505 Local Government Act 1993 - Proclamation...... 583 Phone: (02) 9743 8777; Fax: (02) 9743 8203 Total Fire Ban 11 February 2004...... 585 Email: Number 35 [email protected] LEGISLATION Allocation of Administration of Acts...... 587 GOVERNMENT GAZETTE Proclamations...... 612 DEADLINES Regulations...... 615 Close of business every Wednesday Other Legislation...... 627 Except when a holiday falls on a Friday, deadlines OFFICIAL NOTICES Appointments ...... 636 will be altered as per advice given on this page. NSW Fisheries...... 637 Please Note: Department of Infrastructure, Planning and Natural Resources — • Only electronic lodgement of Gazette contributions Planning ...... 639 will be accepted. Natural Resources...... 661 • This publication is available on request via email, Department of Lands ...... 665 in large print and/or on computer disk for people Department of Mineral Resources ...... 680 with a disability. To obtain copies of this publication Roads and Traffic Authority ...... 682 in either of these formats, please contact Peter Other Notices ...... 688 Kindleysides. Tenders...... 692 Other formats, such as Braille and audio (cassette tape), will be considered on a case-by-case basis. PRIVATE ADVERTISEMENTS (Council, Probate, Company Notices, etc) ...... 693

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SEE the CMS Web Site at www.cms.dpws.nsw.gov.au 479

Government Gazette OF THE STATE OF Number 23 Friday, 6 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from 6.30 a.m. on 6 February 2004 to such depot for the duration of the fire; midnight on 6 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 6th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 480 SPECIAL SUPPLEMENT 6 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone C – Riverina Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone H – Central West Plains Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 23 481

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 24 Friday, 6th February 2004 Published under authority by cmSolutions

SPECIAL SUPPLEMENT

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MARIE BASHIR, Governor

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Part 1 of Chapter 9 of the Local Government Act 1993, do, by this my Proclamation declare that, on 6 February 2004:

(a) the Area of the and the Area of the City of South Sydney are to be amalgamated so as to constitute a new Area to be known as the City of Sydney; and

(b) the boundaries of the new Area of the City of Sydney are the same as the combined boundaries of the former Area of the City of Sydney (as described by Proclamation in Government Gazette No 47 of 19 February 2003) and of the former Area of the City of South Sydney (as described by Proclamation in Government Gazette No 47 of 19 February 2003), disregarding those boundaries that are common to both former Areas and;

(c) the provisions set out in the Schedule to this Proclamation are to apply on and from 6 February 2004 (unless another date is stated), to the amalgamation effected by this Proclamation.

Signed and sealed at Sydney, this 6th day of February 2004.

By Her Excellency’s Command,

TONY KELLY, MLC, Minister for Local Government

GOD SAVE THE QUEEN! 482 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 483

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In this Schedule:

����������������� means: 6 February 2004

������ means a clause in this schedule.

��������� ������� means the Director General of the Department of Local Government.

����������� means the former Area of City of Sydney or former Area of the City of South Sydney.

���������������means the Council of a former Area.

�������� means the new Area of the City of Sydney.

����������� means the Council of the City of Sydney.

�������� means the Minister for Local Government.

������� means the Local Government Act 1993.

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(1) The date of the first election of the Councillors of the new Council is 27 March 2004.

(2) The election is taken to be an ordinary election of the Councillors for the purposes of the Act and any Regulation under the Act.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the Electoral Commissioner of New South Wales, and

d) any other matter relating to the election,

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 482 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 483

the new Area is taken to have been constituted on the date of publication of this Proclamation.

(4) a reference in any Act, in any instrument made under any Act or in any document to any of the former Areas is taken to include a reference to the new Area and is to be read as a reference to the new Area; and

(5) a reference in any Act, in any instrument made under any Act or in any document to any of the former Councils is taken to include a reference to the new Council and is to be read as a reference to the new Council.

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(1) For the interim period between 6 February 2004 and the declaration of the election held on 27 March 2004, three Administrators are appointed and are Ms (former Lord Mayor, of the former Council of the City of Sydney), Mr Tony Pooley (former Mayor, of the former Council of the City of South Sydney) and the Director General of the Department of Local Government to direct and control the affairs of the new Council.

(2) If Ms Lucy Turnbull or Mr Tony Pooley decline to be appointed as Administrators, then the Minister may appoint alternate persons as Administrators.

(3) The Administrators may otherwise be known as Commissioners.

(4) Nothing shall preclude the Administrators from determining development applications, other than those applications for ‘major development’ within the meaning of the City of Sydney Act 1988.

(5) The Administrators (other than the Director General of the Department of Local Government) are to be paid an amount equivalent to the annual fee paid to the former Lord Mayor of the former Council of the City of Sydney on a pro-rata basis.

(6) For the purposes of the Local Government Act 1993, the Administrators do not hold an office or a position of profit under the new Council.

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The quorum for a meeting of the new Council during the interim period of 6 February 2004 to 27 March 2004 is two, one of whom must be the Director General of the Department of Local Government.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 484 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 485

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(1). The Acting General Manager of the new Area shall be Mr Robert Domm (former General Manager of the former Council of City of Sydney) for a period of six months commencing from 6 February 2004.

(2) For the interim period 6 February 2004 to 27 March 2004, Mr Michael Whittaker (former General Manager of the former Council of the City of South Sydney) shall be the Council’s new Acting Deputy General Manager.

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(1) The election provisions of the City of Sydney Act 1988 and Local Government Act 1993 will continue to apply to persons and entities entitled to be enrolled on the roll of electors for the former Area of the City of Sydney had the ordinary election for the former Area been held on 27 March 2004.

(2) The relevant provisions of the Local Government Act 1993 will continue to apply to persons and entities entitled to be enrolled on the roll of electors for the former Area of the City of South Sydney had the ordinary election for the former Area been held on 27 March 2004.

(3) The returning officer conducting the election is to call for nominations of candidates for election to the new Area as early as practicable after the date of Proclamation.

(4) A nomination proposal received by a returning officer for election to the council of a former Area shall be taken as a nomination proposal for the council of the New Area.

(5) The Electoral Commissioner of New South Wales will decide on any dispute or uncertainty on any issue relating to the election for the new Area.

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A claim for the inclusion on the roll of electors for a former Area shall be taken as a claim for inclusion on the roll of electors for the new Area if the claim for inclusion would otherwise have been valid before the amalgamation date.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 484 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 485

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(1) The number of Councillors to be elected to the new Council at its first election is 10, including the Lord Mayor elected by the electors.

(2) Subclause (1) does not limit the power of the new Council to redetermine, after the first election the number of its Councillors under section 224 of the Act.

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The Lord Mayor of the new Council is to be elected by the electors in accordance with section 23 of the City of Sydney Act 1988.

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(1) The operation of this clause and clause 5 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

(2) Nothing in this Proclamation shall require the new Council to appoint a Deputy General Manager after the expiration of the interim period.

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(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the amalgamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the amalgamation date, continues to have effect as if it had been done or made by the new Council.

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Any delegation from a former Council that was in force immediately before the amalgamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 486 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 487

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(1) Any codes, policies and plans of the former Council of the City of Sydney apply, as far as is practicable, to the new Council.

(2) Subclause (1) ceases to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

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(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Lord Mayor of the new Council is to be equal to the higher of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

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(1) The organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

(2) In particular, any position that, immediately before the amalgamation date, was a senior staff position in relation to a former Council is taken to be a senior staff position in relation to the new Council.

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

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(1) Each member of staff of a former Council (a transferred staff member) is transferred to the new Council.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

(3) The senior staff of each former Council are taken to be the senior staff of the new Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 486 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 487

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(1) For the period between 6 February 2004 and 27 March 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 6 February 2004 and 27 March 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

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(1) The assets, rights and liabilities of the former Councils are transferred to the new Council.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the amalgamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 488 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 489

f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the amalgamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the amalgamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the amalgamation date shall be deemed to apply to the new Council.

(3) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

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(1) A transfer effected by this Schedule takes effect on the amalgamation date.

(2) The Minister may, by notice in writing, confirm a transfer effected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 488 LEGISLATION 6 February 2004 6 February 2004 LEGISLATION 489

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(1) The operation of clause 18 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer effected by clause 18.

(3) No compensation is payable to any person or body in connection with a transfer effected by clause 18.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

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A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the amalgamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

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The Audit Office of New South Wales will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

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In any Act, in any instrument made under any Act or in any document of any kind:

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 490 LEGISLATION 6 February 2004

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

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(1) The rating structures are to be reviewed within the first term of the new Council.

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

(2) There shall be wards for subsequent ordinary elections, the structure of which will be determined by the new Council.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 24 491

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 25 Friday, 6 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 5 February 2004 to such depot for the duration of the fire; midnight on 6 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 5th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 492 SPECIAL SUPPLEMENT 6 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 25 493

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 26 Saturday, 7 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 7 February 2004 to such depot for the duration of the fire; midnight on 8 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 7th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 494 SPECIAL SUPPLEMENT 7 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone C – Riverina Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of Zone D – South West Slopes Weather Forecast District. the Rural Fires Act 1997, or any other person. Zone E – Southern Tablelands Weather Forecast District. Zone H – Central West Plains Weather Forecast District. SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 495

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 27 Sunday, 8 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 8 February 2004 to such depot for the duration of the fire; midnight on 9 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 8th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 496 SPECIAL SUPPLEMENT 8 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone D – South West Slopes Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of Zone E – Southern Tablelands Weather Forecast District. the Rural Fires Act 1997, or any other person. Zone G – Illawarra Weather Forecast District. Zone H – Central West Plains Weather Forecast District. SCHEDULE 11 Fire lit, maintained or used, for the purpose of food Zone I – Central West Slopes Weather Forecast District. preparation on a gas fired or electric appliance where: Zone P – Hunter Weather Forecast District. (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; Zone Q – Metropolitan Weather Forecast District. (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 27 497

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 28 Monday, 9 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 9 February 2004 to such depot for the duration of the fire; midnight on 10 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 9th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 498 SPECIAL SUPPLEMENT 9 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone H – Central West Plains Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of Zone I – Central West Slopes Weather Forecast District. the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 28 499

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 29 Tuesday, 10 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 10 February 2004 to such depot for the duration of the fire; midnight on 11 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 10th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 500 SPECIAL SUPPLEMENT 10 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 501

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 30 Wednesday, 11 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from 7.00 am on 11 February 2004 to such depot for the duration of the fire; midnight on 11 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 11th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 502 SPECIAL SUPPLEMENT 11 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone C – Riverina Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone D – South West Slopes Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 30 503

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 31 Wednesday, 11 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from 8.30 am on 11 February 2004 to such depot for the duration of the fire; midnight on 11 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 11th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 504 SPECIAL SUPPLEMENT 11 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone I – Central West Slopes Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of the Rural Fires Act 1997, or any other person.

SCHEDULE 11 Fire lit, maintained or used, for the purpose of food preparation on a gas fired or electric appliance where: (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 31 505

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 32 Wednesday, 11th February 2004 Published under authority by cmSolutions

SPECIAL SUPPLEMENT

LOCAL GOVERNMENT ACT 1993 – PROCLAMATION

MARIE BASHIR,Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Part 1 of Chapter 9 and Part 5 of Chapter 12 of the Local Government Act 1993, do, by this my Proclamation declare that, on 11 February 2004: (a) the Areas of Cooma-Monaro, Crookwell, the City of Goulburn, Gunning, Mulwaree, the , Tallaganda, Tumut, Yarrowlumla and Yass are to be amalgamated so as to constitute new Areas having the names of Cooma-Monaro, Eastern Capital City Regional, Greater Argyle, Greater Queanbeyan City, Tumut, Upper Lachlan and Yass Valley and as described in Schedules A to G; (b) the provisions set out in Schedules A to G to this Proclamation are to apply on 11 February 2004 (unless another date is stated), to the new Areas effected by this Proclamation; (c) the Order published in Government Gazette No.1 of 2 January 2004 postponing the elections for the former Areas of Crookwell and Gunning is revoked; and (d) the Proclamations in force constituting or varying the constitution of the Southern Slopes County Council are amended in accordance with Schedule G. Signed and sealed at Sydney, this 11th day of February 2004.

By Her Excellency’s Command,

ANTHONY KELLY, M.L.C., Minister for Local Government

GOD SAVE THE QUEEN! 506 LEGISLATION 11 February 2004 11 February 2004 LEGISLATION 507

Schedule A

Land included in the Cooma-Monaro Local Government Area

Area about 5,421.03 square kilometres. Commencing at the confluence of the Murrumbidgee River and Black’s Creek; and bounded thence by that creek upwards to the road from Kiandra to Cooma; by that road generally easterly to the generally western boundary of the parish of Cooma, county of Beresford; by part of that boundary generally northerly to the north-western corner of portion 136; by a line west for a distance of 10 chains; by a line north to a point west of the south western corner of portion 338; by a line east to Cooma Creek; by that creek downwards to the north-eastern corner of portion 91, parish of Binjura; by a line along the eastern boundary of that portion southerly to the northern boundary of portion 330, parish of Cooma; by part of that boundary, the generally north-eastern boundary of that portion, a line, and part of the generally north-eastern boundary of portion 319, easterly, and generally south-easterly to the north-eastern corner of portion 319; by a line along the north- western boundary, and by the north-eastern boundary of portion 337, and part of the north- eastern boundary of portion 318, north-easterly and south-easterly to its intersection with a line along the western boundaries of portion 336, 335 and 334, by that line and a line along the northern boundary of portion 334, northerly and easterly to the north-western boundary of portion 192, parish of Bunyan; by part of that boundary, the northern and a line along the eastern boundary of that portion and portion 180 of that parish and portion 180, parish of Cooma, north-easterly, easterly and southerly to the northern boundary of portion 296; by part of that boundary westerly to the north-eastern corner of portion 295; by a line along the eastern boundary of portions 295, 305 and 368, southerly to the northern boundary of portion 51; by part of the northern boundary of portion 51, the northern and western boundaries of portion 50, the western and southern boundaries of portion 53, the southern boundary of portion 58 and part of the southern boundary of portion 306, westerly, southerly and easterly to a point north of the north-western corner of portion 314; by a line along the western boundary of that portion southerly to a point east of the north-eastern corner of portion 348; by a line along the northern boundary of that portion, westerly to the road from Cooma to Nimmitabel; by that road south-easterly to the north-western corner of portion 183, parish of Bunyan; by part of the generally western boundary of that parish and the generally western boundary of the parish of Gladstone, generally southerly to the southernmost south-western corner of portion 99 of the said parish of Gladstone; by The Peak and Bobundara Creeks and the Snowy River downwards to the confluence of the Snowy River and Ironmungy Creek; by Ironmungy Creek upwards to the north-western corner of portion 94, parish of Ironmungy, county of Wellesley; by the generally northern boundary of that parish and the parish of Bungee, generally easterly to the Maclaughlin River; by that river upwards to Kings State Highway No. 19; by that highway generally southerly to Native Dog Creek; by that creek upwards to the north-west corner of portion 108, parish of Thoko; by the generally northern boundary of that parish generally easterly to the northernmost north-eastern corner of portion 131; by the range forming the generally eastern boundary of the parish of Glenbog, county of Wellesley, the generally south-eastern boundary of the parish of Winifred, county of Beresford, the generally eastern boundary of the parish of Kydra and the generally south- eastern boundary of the parish of Countigany, county of Dampier, generally north-easterly to a point south of Wadbilliga Trigonometrical Station; by a line north to that Trigonometrical Station; by a line along the north-eastern boundary of the parish of Quinen north-westerly to the Tuross River; by that river downwards to its intersection with a south-western boundary of the Land District of Moruya; by that boundary north-westerly to the generally south- eastern boundary of portion 51, parish of Big Badju, county of Beresford; by the range

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 506 LEGISLATION 11 February 2004 11 February 2004 LEGISLATION 507

forming the generally eastern boundary of that parish, the parishes of Hill and Sherlock, county of Beresford and the parish of Jingera, county of Murray, generally northerly to the generally northern boundary of the said parish of Jinjera; by part of that boundary generally westerly to the south-western corner of portion 113, parish of Bullongong; by part of the generally western boundary of that portion generally northerly for a distance of 11 chains; by a line west to the eastern boundary of portion 205; by part of that boundary and the southern boundary of that portion easterly and westerly to Ballinafad Creek; by that creek downwards to the Queanbeyan River; by that river downwards to Tinderry Creek; by that creek upwards to the generally northern boundary of the Parish of Tantangera; by part of that boundary, westerly to the generally eastern boundary of Tinderry Nature Reserve, gazetted 23rd January, 1981; by part of that boundary and the generally northern boundary of that reserve, generally northerly and generally westerly to Burra Creek; by that creek, downwards to the eastern prolongation of the southern boundary of Lot 34, DP 248084; by that prolongation, boundary and the southern boundaries of Lots 33, a line, 31, 30, westerly, the southern boundary of Lot 1, DP 839565, westerly and the southern boundaries of Lots 45, 44 and 43, DP 259114, westerly to the ridge dividing the waters of Burra Creek from Deep Creek; by that ridge, generally south-westerly to the source of Deep Creek; by that creek, downwards to the Goulburn – Bombala Railway; by that railway, north-westerly to the generally eastern boundary between the State of New South Wales and the Australian Capital Territory; by that boundary, generally southerly and north-westerly , the north-western boundary of the parish of Yaouk, county of Cowley, the generally north-eastern boundary of the parish of Gunnangora and the generally northern boundary of the parish of Long Plain; generally north-westerly to the Murrumbidgee River; and by that river downwards to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Cooma-Monaro which, by this Proclamation, is constituted the Cooma-Monaro Council �� that part of the former Area of Yarrowlumla which, by this Proclamation, is constituted the Cooma-Monaro Council

former Council means any of the former Councils Cooma-Monaro or Yarrowlumla.

Minister means the Minister for Local Government.

new Area means the new Area of Cooma-Monaro.

new Council means the Cooma-Monaro Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 508 LEGISLATION 11 February 2004 11 February 2004 LEGISLATION 509

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Tony Kaltoum (former Mayor of the former Cooma-Monaro Council) to direct and control the affairs of the new Council.

(2) If Mr Tony Kaltoum declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Neil Watt (former General Manager of the former Cooma- Council) for a period of six months commencing from 11 February 2004.

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(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is nine (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

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(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

(2) Each of the following codes, policies and plans of the former Cooma-Monaro Shire Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

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13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Cooma-Monaro Shire Council is transferred to the Council of the Area of Cooma-Monaro.

(b) the former Council is transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Cooma-Monaro Shire Council (a transferred staff member) is transferred to the Council of the Area of Cooma- Monaro.

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred staff member) is transferred to a new Council of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

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16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) The assets, rights and liabilities of:

a. The former Cooma-Monaro Shire Council are transferred to the new Council of the Area of Cooma-Monaro

b. The former Yarrowlumla Shire Council are transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

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f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

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18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, Auswild Boyce & Co. will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

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22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Cooma-Monaro and Yarrowlumla included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

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(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule B

Land included in the Eastern Capital City Regional Local Government Area

Area about 5,144.47 square kilometres. Commencing at the intersection of the boundary between the State of New South Wales and the Australian Capital Territory and the Federal Highway: and bounded thence by that highway, generally north-easterly to the range forming the eastern watershed of Collector Creek; by that range and the Great Dividing range, generally southerly to the road from Bugendore to Goulburn; by that road northeasterly, the road forming the northern boundary of Portion 212, Parish of Merigan, the northern and an eastern boundary of Portion 213, a northern and a western boundary of Portion 282 easterly, southerly, again easterly and northerly to the southernmost generally southern boundary of Lot 1, D.P. 564552; by part of that boundary and part of the westernmost eastern boundary of Portion 294 and its prolongation generally easterly and northerly to the road forming the northernmost boundary of the lastmentioned portion; by that road easterly to the western boundary of the Goulburn to Bombala Railway Lands; by part of that boundary northerly to the western prolongation of the northern boundary of Portion 130; by that prolongation and boundary easterly to the road from Bungendore to Bungonia; by that road northeasterly of the range forming the eastern watershed of Merigan Creek; by that range generally northerly and a ridge within Portion 142 and its continuation generally southeasterly to Boro Creek; by that creek downwards to the eastern boundary of Portion 67; by part of the generally northeastern boundary of the Parish of Merigan generally southeasterly to Boro Creek of the western boundary of Portion 84, parish of Mulwaree, County of Argyle; again by Boro Creek and Shoalhaven River downwards to the confluence of Endrick River; by that river upwards, by the northern and eastern boundaries of portion 27 and the eastern boundary of portion 26, Parish of Corang, County of St. Vincent, to the western boundary of the lands district of Milton; by that boundary southerly to Mount Budawang; by the eastern boundaries of the parishes of Budawang and Monga, County of St. Vincent, portions 1 and 2 and the eastern boundary of the latter parish southerly to the western boundary of the land district of Moruya, at Sugarloaf Mountain; by that boundary southerly to the eastern boundary of the county of Beresford at Big Badja; by that boundary northerly to the eastern boundary of the Parish of Jinjera, County of Murray; by that boundary and the generally northern boundary of that parish, northerly and generally westerly to the generally western boundary of Lot 113, DP 754870; by part of that boundary northerly to a point east of a point approximately 110 metres south of the north-eastern corner of Lot 1, DP 597911; by a line westerly to that point; by part of the eastern and southern boundaries of that lot and its prolongation, southerly and westerly to Ballinafad Creek and by that creek and Queanbeyan River, downwards and Tinderry Creek, upwards to the generally northern boundary of the Parish of Tantangera; by part of that boundary, westerly to the generally eastern boundary of Tinderry Nature Reserve, gazetted 23rd January, 1981; by part of that boundary and the generally northern boundary of that reserve, generally northerly and generally westerly to Burra Creek; by that creek, downwards to the eastern prolongation of the southern boundary of Lot 34, DP 248084; by that prolongation, boundary and the southern boundaries of Lots 33, a line, 31, 30, westerly, the southern boundary of Lot 1, DP 839565, westerly and the southern boundaries of Lots 45, 44 and 43, DP 259114, westerly to the ridge dividing the waters of Burra Creek from Deep Creek; by that ridge, generally south-westerly to the source of Deep Creek; by that creek, downwards to the Goulburn – Bombala Railway; by that railway, north-westerly to the generally eastern boundary between the State of New South Wales and the Australian Capital Territory; by that boundary, generally northerly to the western prolongation of the southern boundary of Lot 1, DP 576452; by that prolongation and boundary easterly, the

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southern and part of the eastern boundaries of Lot 186, DP 754871 easterly and northerly, the southern boundary of Lot B, DP 163491 easterly to the left bank of Jerrabomberra Creek; by that bank downwards to the western prolongation of the southern boundary of Lot 37, DP 754871; by that prolongation and boundary easterly, the southern and eastern boundaries of Lot 181, DP 754871 easterly and northerly, part of the southern, the eastern and the northernmost northern boundary of Lot 6, DP 754871 easterly, northerly and westerly, part of the northern boundary of Lot 5, DP 754871 westerly, the southern prolongation of the eastern boundary of Lot 4, DP 754871 and that boundary northerly, part of the southern and the eastern boundaries of Lot 203, DP 754871 easterly and northerly, part of the southern and the western boundaries of Lot 7001, DP 1027109 easterly and northerly, part of the western boundary of Lot 19, DP 270317 northerly, the western prolongation of the generally southern boundary of Lot 49, DP 270317 and that boundary easterly, the generally western boundary of Lot 49, DP 270317 and its prolongation generally northerly, part of the southern and part of the eastern boundaries of Lot Pt 48, DP 754881 easterly and northerly, the generally southern boundary of Lot 5, DP 867223 generally easterly, the southern and part of the generally eastern boundaries of Lot 9, DP 255493 easterly and generally northerly, part of the generally western, the generally north-western and the generally north-eastern boundaries of Lot 7, DP 592 796 generally northerly, generally north-easterly and generally south-easterly, the east most eastern, the south most northern, the west most eastern and part of the northern boundary of Lot 83, DP 754922 northerly, westerly, northerly and westerly, the southern prolongation of the eastern boundary of Lot 135, DP 754875 and that boundary northerly, part of the southern, the west most eastern, the south most northern and the eastern boundaries of Lot 88, DP 754875 easterly, northerly, easterly and northerly, the eastern boundaries of Lots 87 and 126, DP 754875 northerly, the generally southern and eastern boundaries of Lot 11, DP 1046608 generally easterly and northerly, a line northerly, the eastern boundary of Lot 12, DP 1046608 northerly, a line northerly, the eastern boundaries of Lot 2, DP 812850 and Lot 18, DP 614734 northerly, part of the southern and the western boundaries of Lot 118, DP 754875 westerly and northerly, the generally south western, west most eastern and north most southern boundaries of Lot 8, DP 261221 generally south- easterly, northerly and easterly to the left bank of Stoney Creek, by that bank downwards to the north-eastern corner of Lot 8, DP 261221; by a line north-westerly to the south-western corner of Lot 82, DP 754875; by the south-eastern boundary of Lot 82, DP 754875 north- easterly, part of the southern and the generally eastern boundaries of Lot 86, DP 754875 easterly and generally northerly to the left back of the Molonglo River; by that bank downwards to the northern boundary of W & CR 53; by that boundary and its prolongation westerly, part of the eastern boundary of Lot Pt 1, DP 956848 northerly, a line northerly across Kings Highway, the eastern boundary of Lot 1, DP 456990 and its prolongation to the boundary between the State of New South Wales and the Australian Capital Territory, aforesaid, by that boundary generally easterly and generally north-westerly to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

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former Area means any or all of the following:

�� that part of the former Area of Gunning which, by this Proclamation, is constituted the Eastern Capital City Regional Council �� that part of the former Area of Yarrowlumla which, by this Proclamation, is constituted the Eastern Capital City Regional Council �� that part of the former Area of Tallaganda which, by this Proclamation, is constituted the Eastern Capital City Regional Council �� that part of the former Area of Mulwaree which, by this Proclamation, is constituted the Eastern Capital City Regional Council

former Council means any of the former Councils Tallaganda, Yarrowlumla, Mulwaree or Gunning.

Minister means the Minister for Local Government.

new Area means the new Area of Eastern Capital City Regional.

new Council means the Eastern Capital City Regional Council.

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

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3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Terry Bransdon (former Mayor of the former Yarrowlumla Shire Council) to direct and control the affairs of the new Council.

(2) If Mr Terry Bransdon declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Robert Morgan (former General Manager of the former Yarrowlumla Shire Council) for a period of six months commencing from 11 February 2004.

(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is nine (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

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7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

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(2) Each of the following codes, policies and plans of the former Yarrowlumla Shire Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Council is transferred to the Council of the Area of Eastern Capital City Regional.

(b) the former Council is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

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(c) the former Council is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(d) the former Yarrowlumla Shire Council is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Tallaganda Shire Council (a transferred staff member) is transferred to the Council of the Area of Eastern Capital City Regional.

(b) each member of staff of the former Mulwaree Shire Council (a transferred staff member) is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

(c) each member of staff of the former Yarrowlumla Shire Council (a transferred staff member) is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Cooma- Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

(d) each member of staff of the former Gunning Shire Council (a transferred staff member) is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

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16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) It is intended that the making of any determinations as to the transfer of assets, rights and liabilities of the former Councils by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

a. The assets, rights and liabilities of the former Tallaganda Shire Council are transferred to the Council of the Area of Eastern Capital City Regional.

b. The assets, rights and liabilities of the former Mulwaree Shire Council are transferred to the Councils of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

c. The assets, rights and liabilities of the former Yarrowlumla Shire Council are transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma- Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

d. The assets, rights and liabilities of the former Gunning Shire Council are transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

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c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

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(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

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20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, Auswild & Co will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Tallaganda, Yarrowlumla, Gunning and Mulwaree included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

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(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule C

Land included in the Greater Argyle Local Government Area

Area about 3,231.80 square kilometres. Commencing at the confluence of the Paddys River with the Wollondilly River: and bounded thence by the latter river upwards to the generally northern boundary of the Parish of Norrong, County of Argyle; by part of that boundary generally westerly to the Tarlo River; by that river upwards to the generally northern boundary of the Parish of Rhyana; by that boundary generally westerly, part of the generally eastern and the generally southern boundaries of the Parish of Upper Tarlo, generally southerly and generally westerly to the range forming the generally south-eastern watershed of Pejar Dam; by that range, generally south-westerly to the source of Oxley Creek; by that creek and Wollondilly River, aforesaid, downwards to generally eastern boundary of the Parish of Gurrunda; by that boundary and the generally eastern boundaries of the parishes of Mutmutbilly and Millbang generally southerly to the the range forming the watershed between the Lachlan River and Collector Creek; by that range, generally north-easterly and generally easterly, the range forming the eastern watershed of Collector Creek, generally southerly, the Great Dividing range, generally southerly to the road from Bugendore to Goulburn; by that road northeasterly, the road forming the northern boundary of Portion 212, Parish of Merigan, the northern and an eastern boundary of Portion 213, a northern and a western boundary of Portion 282 easterly, southerly, again easterly and northerly to the southernmost generally southern boundary of Lot 1, D.P. 564552; by part of that boundary and part of the westernmost eastern boundary of Portion 294 and its prolongation generally easterly and northerly to the road forming the northernmost boundary of the lastmentioned portion; by that road easterly to the western boundary of the Goulburn to Bombala Railway Lands; by part of that boundary northerly to the western prolongation of the northern boundary of Portion 130; by that prolongation and boundary easterly to the road from Bungendore to Bungonia; by that road northeasterly of the range forming the eastern watershed of Merigan Creek; by that range generally northerly and a ridge within Portion 142 and its continuation generally southeasterly to Boro Creek; by that creek downwards to the eastern boundary of Portion 67; by part of the generally northeastern boundary of the Parish of Merigan generally southeasterly to Boro Creek of the western boundary of Portion 84, parish of Mulwaree, County of Argyle; again by Boro Creek and Shoalhaven River downwards and Kangaroo River and Bundanoon Creek upwards to a point approximately 150 metres north-west of the confluence of the last mentioned creek and Tallowa Gully; by a line westerly to the line of cliffs forming the north-western escarpment of Tallowa Gully by that escarpment generally south-westerly to Bull Point Gully; by that gully downwards and Tallowa Gully, aforesaid, upwards to the generally western boundary of the Parish of Caoura, County of Camden; by part of that boundary generally northerly to the northern boundary of Portion 44, Parish of Bumballa; by that boundary westerly, part of the eastern and part of the northern boundaries of Portion 18 northerly and westerly part of the eastern and part of the northern boundaries of Portion 16 northerly and westerly and the eastern boundary of Portion 14 and its prolongation northerly to the generally southern boundary of the Parish of Wingello; by part of that boundary generally westerly to the generally northern boundary of Lot 2, D.P. 71717; by part of that boundary generally westerly, part of the generally western boundary of Portion 190 generally northerly, the southern and westernmost western boundaries of Portions 168 westerly and northerly and the northern boundaries of Portions 175 and 111 (and its prolongation) westerly to the eastern boundary of Portion 103; by part of that boundary and its prolongation generally northerly to the generally western boundary of the Parish of

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Wingello; by part of that boundary generally northerly to Paddys River, aforesaid and by that river downwards to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Goulburn City which, by this Proclamation, is constituted the Greater Argyle Council �� that part of the former Area of Mulwaree which, by this Proclamation, is constituted the Greater Argyle Council

former Council means any of the former Councils Goulburn City or Mulwaree.

Minister means the Minister for Local Government.

new Area means the new Area of Greater Argyle.

new Council means the Greater Argyle Council.

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

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the new Area is taken to have been constituted on the date of publication of this Proclamation.

3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Maxwell Hadlow (former Mayor of the former Goulburn City Council) to direct and control the affairs of the new Council.

(2) If Mr Maxwell Hadlow declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $80,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Don Cooper (former General Manager of the former Goulburn City Council) for a period of six months commencing from 11 February 2004.

(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is nine (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

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7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

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(2) Each of the following codes, policies and plans of the former Goulburn City Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Goulburn City Council is transferred to the Council of the Area of Greater Argyle.

(b) the former Mulwaree Shire Council is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

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(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Goulburn City Council (a transferred staff member) is transferred to the new Council of the Area of Greater Argyle.

(b) each member of staff of the former Mulwaree Shire Council (a transferred staff member) is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) The assets, rights and liabilities of:

a. The former Goulburn City Council are transferred to the Council of the Area of Greater Argyle.

b. The former Mulwaree Shire Council are transferred to the Councils of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

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(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

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(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer effected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

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d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Goulburn City and Mulwaree included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

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(3) The rating structure is to be reviewed within the first term of the new Council.

24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule D

Land included in the Greater Queanbeyan City Local Government Area

Area about 172.88 square kilometres. Commencing at the intersection of the western prolongation of the southern boundary of Lot 1, DP 576452 and the boundary between the State of New South Wales and the Australian Capital Territory: and bounded thence by that prolongation and boundary easterly, the southern and part of the eastern boundaries of Lot 186, DP 754871 easterly and northerly, the southern boundary of Lot B, DP 163491 easterly to the left bank of Jerrabomberra Creek; by that bank downwards to the western prolongation of the southern boundary of Lot 37, DP 754871; by that prolongation and boundary easterly, the southern and eastern boundaries of Lot 181, DP 754871 easterly and northerly, part of the southern, the eastern and the northernmost northern boundary of Lot 6, DP 754871 easterly, northerly and westerly, part of the northern boundary of Lot 5, DP 754871 westerly, the southern prolongation of the eastern boundary of Lot 4, DP 754871 and that boundary northerly, part of the southern and the eastern boundaries of Lot 203, DP 754871 easterly and northerly, part of the southern and the western boundaries of Lot 7001, DP 1027109 easterly and northerly, part of the eastern boundary of Lot 19, DP 270317 northerly, the western prolongation of the generally southern boundary of Lot 49, DP 270317 and that boundary easterly, the generally western boundary of Lot 49, DP 270317 and its prolongation generally northerly, part of the southern and part of the eastern boundaries of Lot Pt 48, DP 754881 easterly and northerly, the generally southern boundary of Lot 5, DP 867223 generally easterly, the southern and part of the generally eastern boundaries of Lot 9, DP 255493 easterly and generally northerly, part of the generally western, the generally north-western and the generally north-eastern boundaries of Lot 7, DP 592 796 generally northerly, generally north-easterly and generally south-easterly, the east most eastern, the south most northern, the west most eastern and part of the northern boundary of Lot 83, DP 754922 northerly, westerly, northerly and westerly, the southern prolongation of the eastern boundary of Lot 135, DP 754875 and that boundary northerly, part of the southern, the west most eastern, the south most northern and the eastern boundaries of Lot 88, DP 754875 easterly, northerly, easterly and northerly, the eastern boundaries of Lots 87 and 126, DP 754875 northerly, the generally southern and eastern boundaries of Lot 11, DP 1046608 generally easterly and northerly, a line northerly, the eastern boundary of Lot 12, DP 1046608 northerly, a line northerly, the eastern boundaries of Lot 2, DP 812850 and Lot 18, DP 614734 northerly, part of the southern and the western boundaries of Lot 118, DP 754875 westerly and northerly, the generally south western, west most eastern and north most southern boundaries of Lot 8, DP 261221 generally south-easterly, northerly and easterly to the left bank of Stoney Creek, by that bank downwards to the north-eastern corner of Lot 8, DP 261221; by a line north-westerly to the south-eastern corner of Lot 82, DP 754875; by the south-eastern boundary of Lot 82, DP 754875 north-easterly, part of the southern and the generally eastern boundaries of Lot 86, DP 754875 easterly and generally northerly to the left back of the Molonglo River; by that bank downwards to the northern boundary of W & CR 53; by that boundary and its prolongation westerly, part of the eastern boundary of Lot Pt 1, DP 956848 northerly, a line northerly across Kings Highway, the eastern boundary of Lot 1, DP 456990 and its prolongation to the boundary between the State of New South Wales and the Australian Capital Territory, aforesaid, by that boundary generally westerly, south- westerly and generally southerly to the point of commencement.

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1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Queanbeyan which, by this Proclamation, is constituted the Greater Queanbeyan City Council �� that part of the former Area of Yarrowlumla which, by this Proclamation, is constituted the Greater Queanbeyan City Council

former Council means any of the former Councils Queanbeyan City or Yarrowlumla.

Minister means the Minister for Local Government.

new Area means the new Area of Greater Queanbeyan City.

new Council means the Greater Queanbeyan City Council.

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a. the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b. the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c. the conduct of the election by the State Electoral Commissioner, and

d. any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

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3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Frank Pangallo (former Mayor of the former Queanbeyan City Council) to direct and control the affairs of the new Council.

(2) If Mr Frank Pangallo declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $80,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Hugh Percy (former General Manager of the former Queanbeyan City Council) for a period of six months commencing from 11 February 2004.

(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is ten (10).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

7 Election of Mayor

(1) The Mayor of the new Council is to be elected by the electors as referred to in sections 227(b), 282 and 289 of the Act at the first election.

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(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

(2) Each of the following codes, policies and plans of the former Queanbeyan City Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

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b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Queanbeyan City Council is transferred to the Council of the Area of Greater Queanbeyan City.

(b) the former Yarrowlumla Shire Council is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

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15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Queanbeyan City Council (a transferred staff member) is transferred to the Council of the Area of Greater Queanbeyan City.

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred staff member) is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) The assets, rights and liabilities of:

a. The former Queanbeyan City Council are transferred to the Council of the Area of Greater Queanbeyan City.

b. The former Yarrowlumla Shire Council are transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley, or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan City, Tumut, Yass Valley and Eastern Capital City Regional.

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(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

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(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

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d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Queanbeyan and Yarrowlumla included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

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24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule E

Land included in the Tumut Local Government Area

Area about 4,579.09 square kilometres. Commencing on the right bank of Tarcutta Creek at the northwestern corner of portion 94, Parish of Hillas, County of Wynyard: and bounded thence by the northern boundary of that portion, part of the western boundary of portion 16 and a line along the northern boundary of the said portion 16 and 17 easterly, northerly and again easterly to Bago Creek; by that creek upwards to its intersection with a line along the southern boundary of portion 27 and 10; by that line and part of the eastern boundary of portion 10 easterly and northerly to the southwestern corner of portion 13; by the southern boundary of that portion easterly to the generally southwestern boundary of the Parish of Selwyn; by that boundary generally south-easterly to the generally western boundary of the Parish of Buddong, County of Selwyn; by the boundaries of that parish generally southerly and generally easterly to Honeysuckle Creek; by that creek downwards and the Tumut River and Happy Jack’s River upwards to its intersection with a line parallel to and about 550 metres east of the western boundary of portion 9, Parish of Scott, by that line (being also the former eastern boundary of the Parish of Table Top) northerly to its intersection with the generally western boundary of the County of Wallace; by that boundary generally northerly to the Murrumbidgee River (North Branch); by that river upwards to the generally western boundary of the County of Cowley; by part of that boundary generally north-easterly to Gurrangorambla Range; by that range generally southerly and generally south-easterly to the generally south-eastern boundary of the Parish of Cooleman, County of Cowley; by that boundary generally north-easterly to the boundary between the State of New South Wales and the Australian Capital Territory; by that boundary generally northerly to the source of Fastigata Creek; by a line westerly to Webbs Ridge; by that ridge generally north-easterly to the north-eastern corner of Lot3, DP 751811; by part of the eastern boundary of Lot4, DP 751811 northerly to the western prolongation of the eastmost northern boundary of the Parish of Cooree; by that prolongation westerly to the Goodradigbee River; by that river downwards and Nottingham Creek upwards to the generally southern boundary of the Parish of Wee Jasper, County of Buccleuch; by that boundary and the generally western boundary of that parish, generally westerly and generally northerly, the generally north-eastern, the generally northern and part of the generally western boundaries of the parish of Cowrajogo, and a line along the western boundary of portion 81 generally northerly, generally westerly, generally southerly and southerly to the northern boundary of portion 9 REM; again by part of the said generally western boundary of the parish generally southerly to Shaking Bog Creek; by that creek downwards to its intersection with a line along the southern boundary of portion 229, Parish of Wyangle; by that line westerly to the southeastern corner of that portion; by the eastern boundary of that portion and portion 224 northerly; by the generally northern boundary of that parish and part of the generally northern boundary of the Parish of Brungle generally westerly to the northwestern corner of portion 226; by part of the western boundary of that portion, the generally northern boundary of portion 312 and part of the northern boundary of the former portion 262 shown in plan catalogued B1044-1713 generally westerly to the south-eastern corner of the former portion 144 shown in plan catalogued B1406-1713; by the eastern and a line along the northern boundary of that portion northerly and westerly to the eastern boundary of portion 143; by part of that boundary northerly to the said generally northern boundary of the Parish of Brungle; by that boundary generally westerly to the Tumut River; by that river upwards; by the generally northern boundary of the Parish of Minjary, County of Wynyard, generally westerly to the easternmost northeastern corner of the former portion 205 shown in plan catalogued W2532-2119; by the easternmost eastern and the

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generally southern boundary of that portion southerly, westerly and again southerly to the northernmost northeastern corner of portion 167, Parish of Calagat; by the generally northern boundaries of that parish and the Parish of Euadera generally westerly and generally southeasterly to the northernmost northern boundary of portion 266, Parish of Ellerslie; by the boundaries of that portion westerly, southerly, again westerly and southerly and again westerly to the northeastern corner of portion 26; by a line along the northern boundary of that portion and portion 9 westerly to the northwestern corner of that portion; by a line along the western boundary of that portion southerly to the northern boundary of portion 89; by part of that boundary and part of the western boundary of that portion, the northern-most northern boundary of portion 90 and part of the eastern boundary and the southern boundary of portion 76 westerly, southerly, again westerly, again southerly and again westerly to the northeastern corner of portion 22; by part of the southwestern boundary of that portion southeasterly to its intersection with a line along the northern boundary of portion 74; by that line westerly to Yaven Yaven Creek; by that creek upwards to the mountain range forming the generally eastern boundary of portions 101, 103, 102 and 49, Parish of Blanch, and the generally southern boundary of portion 49 generally southerly and generally westerly to the range forming the generally eastern boundary of portions 35, 93, 91, 104, 89 and 26 and the generally northeastern boundary of portions 130, 129, 73, 120 and 80, Parish of Oberne, generally southerly and generally southeasterly to the northernmost corner of lot 1, Deposited Plan 212749, by the northeastern boundaries of that lot generally southeasterly to the mountain range forming the boundary between portions 66 and 68, Parish of Dutzon; by that range generally southerly to the northwestern corner of portion 101, Parish of Mate; by the boundaries of that portion generally southerly and generally southeasterly to the boundary dividing the Eastern and Central Divisions; by the boundary generally southeasterly to Tarcutta Creek; and by that creek upward to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Tumut which, by this Proclamation, is constituted the Tumut Council �� that part of the former Area of Yarrowlumla which, by this Proclamation, is constituted the Tumut Council

former Council means any of the former Councils Tumut or Yarrowlumla.

Minister means the Minister for Local Government.

new Area means the new Area of Tumut.

new Council means the Tumut Council.

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proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Geoff Pritchard (former Mayor of the former Council) to direct and control the affairs of the new Council.

(2) If Mr Geoff Pritchard declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Chris Adams (former General Manager of the former Tumut Shire Council) for a period of six months commencing from 11 February 2004.

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(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is seven (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

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(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

(2) Each of the following codes, policies and plans of the former Tumut Shire Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

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(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Tumut Shire Council is transferred to the Council of the Area of Tumut.

(b) the former Yarrowlumla Shire Council is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Tumut Shire Council (a transferred staff member) is transferred to the Council of the Area of Tumut.

(b) each member of staff of the former Yarrowlumla Shire Council (a transferred staff member) is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Cooma- Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

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16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) The assets, rights and liabilities of:

a. The former Tumut Shire Council are transferred to a Council of the Area of Tumut.

b. The former Yarrowlumla Shire Council are transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Yass Valley, Tumut and Eastern Capital City Regional.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

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f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

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18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, Dawson and Partners will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

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22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Tumut and Yarrowlumla included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

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(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule F

Land included in the Upper Lachlan Local Government Area

Area about 7,412.44 square kilometres. Commencing at the confluence of the Lachlan and Abercrombie Rivers at Lake Wyangala: and bounded thence by the former river and Old Man Gunyah Creek upwards to the generally western boundary of Portion 139, Parish of Opton, County of King; by that boundary and the generally western boundaries of Portions 151, a line, 141 and 143 generally southerly to the range forming the eastern watershed of Pudman Creek; by that range generally southerly to the generally western boundary of Portion 185, Parish of Blakney; by that boundary and the generally western boundaries of Portions 71, 134 and 182 (part) generally southerly to the eastern prolongation of the generally southern boundary of Portion 64; by that prolongation and part of that boundary generally westerly to the range forming the south-eastern watershed of Pudman Creek; by that range generally south-westerly to the eastern boundary of Lot 2, D.P. 211320; by part of that boundary southerly and part of the southern boundary of that lot westerly to the northern prolongation of the eastern boundary of Portion 68; by that prolongation and boundary southerly and the generally south-eastern boundary of that portion, a line and the generally south-eastern boundary of Portion 69, generally south-westerly, the generally south-eastern and generally south-western boundaries of Portion 27, generally south-westerly and generally north- westerly, the generally southern boundaries of Portions 49, 298, a line and 295, Parish of Crosby, generally westerly, the generally southern and generally western boundaries of Portion 234, generally westerly and generally northerly, the generally western boundary of Portion 264, generally northerly, the generally south-western boundaries of Portions 265, 309 and 48, and a line generally north-westerly, part of the southernmost southern and part of the generally western boundaries of Portion 301, westerly and generally northerly to the range forming the north-eastern watershed of Kangiara Creek; by that range generally north- westerly to the eastern boundary of Portion 224, Parish of Olney; by that boundary and the generally north-eastern boundary of that portion, northerly and generally north-westerly, part of the eastern and the northern boundaries of Portion 211, northerly and westerly, the easternmost eastern boundary of Portion 312, northerly, the southern and part of the western boundaries of Portion 184, westerly and northerly, the generally southern boundaries of Portions 310, 311, 314 and 315, generally westerly, the generally south-eastern boundaries of Portions 150, 317 and Portions 213 and 216, Parish of Taunton, generally south-westerly, part of the northern, the western and part of the southern boundaries of Portion 234, westerly, southerly and easterly, the northern prolongation of the eastern boundary of Portion 146, that boundary and its prolongation, southerly, part of the northern boundary of Portion 156, westerly, part of the eastern and the northern boundaries of Portion 147, northerly and westerly, a line, the northern boundaries of Portions 133 and 161 and their prolongation westerly, part of the eastern and southern boundaries of Portion 9, southerly and westerly, the easternmost eastern, the generally northern and part of the western boundaries of Portion 25, northerly, generally westerly and southerly, the eastern prolongation of the southern boundary of Portion 130, that boundary, the southern boundary of Portion 125 and its prolongation, westerly, part of the north-eastern, the eastern and the southern boundaries of Portion 124, south-easterly, southerly and westerly, the southern boundary of Portion 99 and its prolongation westerly to Boorowa River; by that river downwards to the generally northern boundary of the Parish of Eubindal, County of Harden; by that boundary and part of the generally western boundary of that parish, generally westerly and generally southerly to the range forming the generally south-western watershed of the Boorowa River; by that range generally south-easterly, the range forming the generally south-western watershed of Blakney

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Creek, generally south-easterly, Mundoonen range, generally south-easterly, Cullarin range, generally northerly to the road from Gunning to Collector; by that road, generally easterly and the Federal Highway, generally north-easterly to the range forming the eastern watershed of Collector Creek; by that range and the range forming the watershed between the Lachlan River and Collector Creek, generally north-westerly and generally westerly to the generally eastern boundary of the Parish of Milbang; by that boundary and the generally eastern boundaries of the Parishes of Mutmutbilly and Gurrunda generally northerly to Wollondilly River; by that river upwards and Oxley Creek, upwards to it’s source in the range forming the generally south-eastern watershed of Pejar Dam; by that range, generally north-easterly to the generally southern boundary of the Parish of Upper Tarlo; by part of that boundary and part of the generally eastern boundary of that parish, generally easterly and generally northerly and the generally northern boundary of the Parish of Rhyana, generally easterly to the Tarlo River; by that river downwards to the generally northern boundary of the Parish of Norrong; by part of that boundary, generally easterly to the Wollondilly River, aforesaid: by that river, downwards and Guineacor; Mares Forest and Wombeyan Creeks upwards to the generally southern boundary of the Parish of St Columba, County of Westmoreland; by part of that boundary easterly and part of the generally eastern boundary of that parish generally northerly to the western prolongation of the northern boundary of Portion 60, Parish of Guineacor; by that prolongation easterly to the generally northern boundary of the parish; by part of that boundary generally easterly to Murruin Creek; by that creek, Shivering Creek and an eastern branch of Shivering Creek upward to the source of the last mentioned creek at Mount Shivering; by a ridge from that mount north-easterly and Murruin Range generally north-westerly to the eastern corner of Portion 2, Parish of Banshea; by the south-eastern boundaries of that portion and Portion 1 southerly to the generally south-western boundary of that parish; by part of that boundary and part of the generally south-western boundary of the Parish of Abercorn generally north-westerly to the western corner of Portion 8; by a line southerly to the source of a northern branch of Abercrombie River, aforesaid, and by that branch and river downwards to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Gunning which, by this Proclamation, is constituted the Upper Lachlan Council �� that part of the former Area of Crookwell which, by this Proclamation, is constituted the Upper Lachlan Council �� that part of the former Area of Mulwaree which, by this Proclamation, is constituted the Upper Lachlan Council �� that part of the former Area of Yass which, by this Proclamation, is constituted the Upper Lachlan Council

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former Council means any of the former Councils Yass, Crookwell, Mulwaree or Gunning.

Minister means the Minister for Local Government.

new Area means the new Area of Upper Lachlan.

new Council means the Upper Lachlan Council.

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Brian McCormack (former Mayor of the former Council) to direct and control the affairs of the new Council.

(2) If Mr Brian McCormack declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

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(3) The Administrator will be paid $34,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Philip Harvey (former General Manager of the former Crookwell Shire Council) for a period of six months commencing from 11 February 2004.

(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is nine (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

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8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

(2) Each of the following codes, policies and plans of the former Crookwell Shire Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

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(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Crookwell Shire Council is transferred to the Council of the Area of Upper Lachlan.

(b) the former Gunning Shire Council is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(c) the former Yass Shire Council is transferred to a Council of the Areas of Yass Valley or Upper Lachlan as determined by agreement between the Councils of the Areas of Yass Valley and Upper Lachlan.

(d) the former Mulwaree Shire Council is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

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15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Crookwell Shire Council (a transferred staff member) is transferred to the new Council of the Area of Upper Lachlan.

(b) each member of staff of the former Gunning Shire Council (a transferred staff member) is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(c) each member of staff of the former Yass Shire Council (a transferred staff member) is transferred to a Council of the Areas of Yass Valley or Upper Lachlan as determined by agreement between the Councils of the Areas of Yass Valley or Upper Lachlan.

(d) each member of staff of the former Mulwaree Shire Council (a transferred staff member) is transferred to a Council of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

17 Transfer of assets, rights and liabilities

(1) It is intended that the making of any determinations as to the transfer of assets, rights and liabilities by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

a. The assets, rights and liabilities of the former Crookwell Shire Council are transferred to the Council of the Area of Upper Lachlan.

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b. The assets, rights and liabilities of the former Gunning Shire Council are transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

c. The assets, rights and liabilities of the former Yass Shire Council are transferred to the Councils of the Areas of Yass Valley or Upper Lachlan as determined by agreement between the Councils of the Areas of Yass Valley or Upper Lachlan.

d. The assets, rights and liabilities of the former Mulwaree Shire Council are transferred to the Councils of the Areas of Greater Argyle, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Greater Argyle, Upper Lachlan and Eastern Capital City Regional.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

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g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

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19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, Alan Morse & Co. will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

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(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Crookwell, Yass, Mulwaree and Gunning included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

24 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

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25 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

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Schedule G

Land included in the Yass Valley Local Government Area

Area about 3635.04 square kilometres. Commencing at the intersection of the Murrumbidgee River and the boundary between the State of New South Wales and the Australian Capital Territory, near Cusacks Crossing: and bounded thence by that boundary, generally south- westerly to the source of Fastigata Creek; by a line westerly to Webbs Ridge; by that ridge generally north-easterly to the north-eastern corner of Lot 3, DP 751811; by part of the eastern boundary of Lot 4, DP 751811 northerly to the western prolongation of the eastmost northern boundary of the Parish of Cooree, County of Cowley; by that prolongation westerly to the Goodradigbee River; by that river downwards to Nottingham Creek; by that creek upwards to the south-eastern corner of Portion 19, Parish of Weejasper, County of Buccleuch; by the southern boundary of that portion, part of an eastern and the southernmost boundary of Portion 27, and the southern boundary of Portion 26, easterly, southerly and again westerly to the south-western corner of the said Portion 26; by the generally western boundary of the Parishes of Weejasper and West Goodradigbee generally northerly to the Murrumbidgee River; by that river downwards to the generally western boundary of the Parish of Talmo, County of Harden; by part of that boundary generally northerly, the western, southern and eastern boundaries of Lot A, D.P. 358100 southerly, easterly and northerly, again the generally western boundary of the Parish of Talmo generally northerly to the north-western corner of Portion 96; by the southernmost western boundary of Portion 347, Parish of Bookham and the former generally western boundary of that Parish generally northerly to the road forming part of the western boundary of Portion 344; by that road, part of the generally western boundary of that Parish and part of the generally western boundary of the Parish of Mylora generally northerly to the north-western corner of Portion 201; by part of the northern boundary of that Portion easterly to its intersection with a line along the western boundary of Portion 189; by that line and that boundary, and part of the southern and the western boundaries of Portion 80, northerly, westerly and again northerly to Jugiong Creek; by that creek downwards to the generally western boundary of the Parish of Mylora; by part of that boundary northerly, the southern, the western and part of the northern boundaries of Lot 102, D.P. 753618 westerly, northerly and easterly, the generally western and generally north-western boundaries of the Parish of Binalong generally northerly and generally north- easterly, part of the generally western boundary of the Parish of Eubindal, generally northerly to the range forming the generally south-western watershed of the Boorowa River; by that range generally south-easterly, the range forming the generally south- western watershed of Blakney Creek, generally south-easterly, Mundoonen range, generally south-easterly, Cullarin range, generally northerly to the road from Gunning to Collector; by that road, generally easterly and the Federal Highway, generally south-westerly to the to the generally north-eastern boundary between the State of New South Wales and the Australian Capital Territory; by that boundary, and the north-western, aforesaid, boundary, generally north-westerly and south-westerly to the point of commencement.

1 Definitions

In this Schedule:

clause means a clause in this schedule.

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Director General means the Director General of the Department of Local Government.

former Area means any or all of the following:

�� that part of the former Area of Gunning which, by this Proclamation, is constituted the Yass Valley Council �� that part of the former Area of Yarrowlumla which, by this Proclamation, is constituted the Yass Valley Council �� that part of the former Area of Yass which, by this Proclamation, is constituted the Yass Valley Council

former Council means any of the former Councils Yass, Yarrowlumla or Gunning.

Minister means the Minister for Local Government.

new Area means the new Area of Yass Valley.

new Council means the Yass Valley Council.

proclamation date means 11 February 2004.

the Act means the Local Government Act 1993.

2 First election

(1) The date of the first election of the Councillors of the new Council is 1 May 2004.

(2) Unless otherwise required by the Act or the context, the provisions relating to ordinary elections shall be taken to apply to the first election of the councillors.

(3) For the purposes of:

a) the entitlements of persons to be enrolled as electors for the new Area and to vote at the election, and

b) the entitlements of persons to be nominated for election as Councillors for the new Area at the election, and

c) the conduct of the election by the State Electoral Commissioner, and

d) any other matter relating to the election,

the new Area is taken to have been constituted on the date of publication of this Proclamation.

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3 Administration of new Council for interim period

(1) For the interim period between 11 February 2004 and the declaration of the first election, one Administrator is appointed and is Mr Nic Carmody (former Mayor of the former Yass Shire Council) to direct and control the affairs of the new Council.

(2) If Mr Nic Carmody declines to be appointed as the Administrator, then the Minister may appoint an alternate person as the Administrator.

(3) The Administrator will be paid $48,000 per annum on a pro-rata basis for the interim period.

(4) For the purposes of the Local Government Act 1993, the Administrator does not hold an office or a position of profit under the new Council.

4 Appointment of Acting General Manager

(1) The Acting General Manager of the new Area shall be Mr Greg Smith (former General Manager of the former Yass Shire Council) for a period of six months commencing from 11 February 2004.

(2) The General Manager of the new Council is to be confirmed at the first meeting of the new Council after the six month period, or otherwise recruitment processes commenced.

5 Number of Councillors

(1) The number of Councillors to be elected to the new Council at its first election is nine (9).

(2) Subclause (1) does not limit the power of the new Council to re-determine, after the first election the number of its Councillors under section 224 of the Act.

6 Ward Structure

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

(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to obtain approval to divide its Area into wards in accordance with Division 1 of Part 1 of Chapter 9 of the Act.

7 Election of Mayor following the first election

(1) The Mayor of the new Council is to be elected by the Councillors as referred to in sections 227(a), 282 and 290 (1) (c) of the Act at the new Councils first meeting following the first election.

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(2) Nothing in subclause (1) limits the power of the new Council following the first election to hold a constitutional referendum to determine the basis on which the Mayor attains office in accordance with Division 2 of Part 2 of Chapter 9 of the Act.

8 Appointment of the General Manager and other senior staff

The operation of this clause and clause 4 is not to be regarded as a breach of contract between a former Council or the new Council and a senior staff member (including a General Manager).

9 Activities of former Councils

(1) Anything that was done or omitted to be done by a former Council and that had effect immediately before the proclamation date continues to have effect as if it had been done or omitted to be done by the new Council.

(2) Anything that was commenced by a former Council may be completed by the new Council as if it had been commenced by the new Council.

(3) Without limiting subclause (1) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect as if it had been done or made by the new Council.

10 Delegations

(1) Any delegation from a former Council that was in force immediately before the proclamation date is taken to be a delegation from the new council and may be revoked or amended accordingly.

(2) Subclause (1) ceases to have effect when the new Council adopts new delegations under the relevant provisions of the Act.

11 Codes, policies and plans

(1) The following policy and plan of the new Council are, as far as practicable, to be a composite of the corresponding policies and plans of each of the former Councils:

a. local policies for approvals and orders (Part 3 of Chapter 7),

b. management plan (Part 2 of Chapter 13).

(2) Each of the following codes, policies and plans of the former Yass Shire Council apply, as far as practicable, to the new Council:

a. code of conduct (section 440),

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b. code of meeting practice (Division 1 of Part 2 of Chapter 12),

c. expenses and facilities policy (Division 5 of Part 2 of Chapter 9),

d. EEO management plan (Part 4 of Chapter 11).

(3) Subclauses (1) & (2) cease to have effect in relation to a code, policy or plan of the new Council when the new Council adopts a new code, policy or plan under the relevant provisions of the Act.

12 Fees

(1) The annual fee paid to each Councillor of the new Council and the annual fee paid to the Mayor of the new Council is to be equal to the highest of the corresponding fees paid by the former Councils.

(2) Subclause (1) ceases to have effect in relation to an annual fee when the new Council fixes the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

13 Organisation Structure

The initial organisation structure of the new Council is, as far as practicable, to be a composite of the organisation structures of each of the former Councils.

14 Transfer of Senior Staff

(1) Any position that, immediately before the proclamation date, was a senior staff position of:

(a) the former Gunning Shire Council is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(b) the former Yass Shire Council is transferred to a Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(c) the former Yarrowlumla Shire Council is transferred to a Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley or Eastern Capital City Regional as determined by agreement between the new Councils

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of the Areas of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley and Eastern Capital City Regional.

(2) The senior staff of each former Council are taken to be the senior staff of the new Council as determined with reference to subclause (1).

(3) This clause ceases to have effect when a new organisation structure is determined by the new Council under Part 1 of Chapter 11 of the Act.

15 Transfer of other staff

(1) It is intended that the making of any determinations as to the transfer of staff (other than senior staff) by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

(a) each member of staff of the former Gunning Shire Council (a transferred staff member) is transferred to the Council of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

(b) each member of staff of the former Yass Shire Council (a transferred staff member) is transferred to the Council of the Areas of Yass Valley or Upper Lachlan as determined by agreement between the new Councils of the Areas of Yass Valley and Upper Lachlan.

(c) each member of staff of the former Yarrowlumla Shire Council (a transferred staff member) is transferred to the Council of the Areas of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma- Monaro, Greater Queanbeyan, Tumut, Yass Valley and Eastern Capital City Regional.

(2) Part 6 of Chapter 11 of the Act (employment protection) applies to the employment of a transferred staff member.

16 Additional employment protection

(1) For the period between 11 February 2004 and 1 May 2004 staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission may not be unreasonably based outside the general locality in which they were based immediately before the transfer without their approval.

(2) For the period between 11 February 2004 and 1 May 2004, no staff employed under an award wage or other industrial instrument approved by the Industrial Relations Commission are to be made redundant without their approval.

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17 Transfer of assets, rights and liabilities

(1) It is intended that the making of any determinations as to the transfer of assets, rights and liabilities of the former Councils by virtue of the constitution of the new Area made in this Proclamation is to be in accordance with this clause:

a. The assets, rights and liabilities of the former Gunning Shire Council are transferred to the Councils of the Areas of Yass Valley, Upper Lachlan or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Yass Valley, Upper Lachlan and Eastern Capital City Regional.

b. The assets, rights and liabilities of the former Yass Shire Council are transferred to the Councils of the Areas of Yass Valley or Upper Lachlan as determined by agreement between the new Councils of the Areas of Yass Valley and Upper Lachlan.

c. The assets, rights and liabilities of the former Yarrowlumla Shire Council are transferred to the Councils of the Areas of Cooma-Monaro, Greater Queanbeyan, Tumut, Yass Valley or Eastern Capital City Regional as determined by agreement between the Councils of the Areas of Cooma- Monaro, Greater Queanbeyan, Tumut, Yass Valley and Eastern Capital City Regional.

(2) The following provisions have effect in relation to any assets, rights or liabilities that are transferred by operation of subclause (1):

a. The assets of the former Councils vest in the new Council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

b. The rights or liabilities of the former Councils become, by virtue of this clause, the rights and liabilities of the new Council,

c. All proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Councils or a predecessor of any of the former Councils, and pending immediately before the transfer, are taken to be proceedings pending by or against the new Council,

d. Any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Councils or a predecessor of any of the former Councils is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Council.

e. Anything that was commenced by a former Council and uncompleted at the proclamation date may be completed by the new Council as if it had been commenced by the new Council. This includes but is not limited to any application for approval or consent under the Act or any other Act.

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f. In so doing, the new Council must make any determinations required to be made in accordance with any relevant code, policy or plan of the relevant former Council, until such time as the new Council makes a new code, policy or plan in relation to that matter in accordance with the Act or any other Act.

g. Anything that was done by a former Council, and that had effect immediately before the proclamation date, or that was commenced by a former Council and completed by the new Council as a result of this Proclamation, continues to have effect and may be enforced by the new Council as if it had been done by the new Council.

h. Without limiting subclause (2)(g) any approval, order or notice that was given or made by a former Council, and that had effect immediately before the proclamation date, continues to have effect and for all the purposes of the Act or any other Act shall be deemed to have been given or made by the new Council.

i. Any decision of the Land and Environment Court in an appeal from a decision of a former Council determined by the Court after the proclamation date shall be deemed to be a decision of the new Council.

(3) During the transitional period no arrangements, without agreement between the new Council and the Minister, are to be entered into in relation to:

a. the sale or purchase of property or of any assets involving an amount exceeding $20,000

b. the leasing of property for a period exceeding five years

c. entering into new contracts for works involving an amount exceeding $100,000

d. varying any budget allocation for any function.

(4) In this clause:

Assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, streams of income, choses in action and documents.

Liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent) and includes liabilities relating to criminal acts.

Rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

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18 General provisions with respect to transfers

(1) A transfer affected by this Schedule takes effect on the proclamation date.

(2) The Minister may, by notice in writing, confirm a transfer affected by this Schedule.

(3) Such a notice is conclusive evidence of the transfer.

19 Effect of transfer on third party rights

(1) The operation of clause 17 (Transfer of assets, rights and liabilities) is not to be regarded:

a. As an event of default under any contract or other instrument, or

b. As a breach of contract or confidence or otherwise as a civil wrong, or

c. As a breach of contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

d. As giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) No attornment to the new Council by a lessee from a former Council is required in relation to a transfer affected by clause 17.

(3) No compensation is payable to any person or body in connection with a transfer affected by clause 17.

(4) Subclause (3) does not affect the rights of any person or body in connection with the early termination of a contract between a former Council and that person or body.

20 Reports and reviews of the new Council

A duty of the new Council under any Act, including a duty to report or review, which relates to a period before the proclamation date, is to be performed by reference to the former Areas and the former Councils as appropriate.

21 Auditor

The Auditor, James Murphy & Co. will be the Auditor of the new Council unless the Council appoints another Auditor in accordance with Division 3 of Part 3 of Chapter 13 of the Act.

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22 References to former Areas and Councils

In any Act, in any instrument made under any Act or in any document of any kind:

(1) A reference to any of the former Areas, or to a predecessor of any of the former Areas, is taken to include a reference to the new Area and is to be read as a reference to the new Area, and

(2) A reference to any of the former Councils, or to a predecessor of any of the former Councils, is to be taken as a reference to the new Council and is to be read as a reference to the new Council.

23 Southern Slopes County Council

(1) The former Yass Shire Council is excluded as a constituent Council of the Southern Slopes County Council and the new Council is included as a constituent Council of the County Council.

(2) The County Council’s area of operations increases to include those parts of the former Yarrowlumla Shire and Gunning Shire that are included in the new Council as described in this Schedule.

(3) The small portion of the former Yass Shire Council that is north of the northern boundary of the Murrumbidgee Catchment Management Authority boundary, that is now part of the Area of Upper Lachlan, is excluded from the area of operations of the County Council.

(4) Two persons are to be elected by the new Council to the County Council’s governing body.

24 Rating Structures

(1) The new Council’s maximum general income for 2004/05 is to be determined by estimating the proportionate amount of general income for 2003/04 from land in the former Areas of Yass, Yarrowlumla and Gunning included in the new Area.

(2) The new Council is to determine its rating structure taking into consideration subclause (1).

(3) The rating structure is to be reviewed within the first term of the new Council.

25 Matters to be determined by Minister

(1) In order to give effect to this Proclamation, the Minister may determine from time to time any matter or thing, including, without limitation, the content of the matters set out in clause 11 (1).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 582 LEGISLATION 11 February 2004

(2) In pursuance of this clause, any matter or thing requiring determination may be referred to the Minister by the new Council.

(3) The Minister may also determine any matter or thing that has not been referred to him by a new Council if the Minister concludes that the matter or thing cannot be determined by agreement between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro or Tumut, or if the Minister is not satisfied with any agreement reached between the aforementioned new Councils, including in relation to subclauses (2) and (4) herein.

(4) A matter to be determined by the Minister shall be referred to the Director General, and/or another person or persons nominated by the Minister, for advice and recommendation, as appropriate.

(5) The Director General and/or another person or persons nominated by the Minister, shall, if required by the Minister, convene a meeting between the affected new Councils listed in subclause (3) to assist in the determination of the matter.

(6) The Director General and/or any person or persons nominated by the Minister under this clause, shall have regard to the Statement of Intent herein and any other principles or guidelines considered appropriate in the circumstances.

26 Statement of Intent

(1) The Minister will consider an application made by the new Council for a Special Variation to increase its General Income.

(2) There will be meaningful cooperation between the new Councils of the Areas of Yass Valley, Upper Lachlan, Greater Argyle, Eastern Capital City Regional, Greater Queanbeyan, Cooma-Monaro and Tumut in the sharing of information and agreement of all matters necessary to facilitate the provisions of this Proclamation.

(3) The new Council should give consideration to establishing precinct areas and committees, which have defined roles and responsibilities.

(4) The Councillors of the new Council are to consider operating under the basis of portfolio responsibilities and are to exercise community leadership for the whole local government area as set out in the Act.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 32 583

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 33 Wednesday, 11th February 2004 Published under authority by cmSolutions

SPECIAL SUPPLEMENT

LOCAL GOVERNMENT ACT 1993 – PROCLAMATION

MARIE BASHIR, Governor

I, Professor Marie Bashir, A.C., Governor of the State of New South Wales, on the recommendation of the Minister of Local Government, with the advice of the Executive Council, and in pursuance of section 257(1)(c) of the Local Government Act 1993 do, by this my proclamation

(a) declare that Glen Innes Municipal Council is non functioning because there are not enough councillors for there to be a quorum at council meetings; (b) appoint Mr Frank Willan as Administrator of Glen Innes Municipal Council; and (c) order that the term of the Administrator will commence on 11 February 2004 and finish in accordance with section 258(4) of the Act.

Signed and sealed at Sydney, this 11th day of February 2004.

By Her Excellency’s Command.

ANTHONY KELLY, M.L.C., Minister for Local Government

GOD SAVE THE QUEEN

584 LEGISLATION 11 February 2004

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 33 585

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 34 Wednesday, 11 February 2004 Published under authority by cmSolutions RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 4 IN pursuance of the powers conferred upon me by section Fire lit, maintained or used by, or under the authority 99 of the Rural Fires Act 1997, I, PHILIP KOPERBERG, of, a Council as defined in the dictionary of the Rural Fires Commissioner of NSW Rural Fire Service, under delegation Act 1997, for the destruction of garbage or other refuse at and dated 22 October 1997 from the Hon BOB DEBUS, any sanitary depot provided and controlled by such Council Minister for Emergency Services, do, by this notification, subject to observance of the following special conditions: direct that the lighting, maintenance or use of all fires in the open air, with the exception of the classes of fire as specified (1) a fire break shall be established and maintained around in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and such depot to a width of not less than thirty metres; 15 hereto, is prohibited in the parts of the State set out in (2) at least one person shall be in attendance continuously at Schedule A hereto, from midnight on 11 February 2004 to such depot for the duration of the fire; midnight on 12 February 2004. (3) all reasonable steps shall be taken to prevent the escape Dated this 11th day of February 2004. of fire, sparks or incandescent or burning material there- from. PHIL KOPERBERG, A.M., A.F.S.M., B.E.M., Commissioner SCHEDULE 5 SCHEDULE 1 Fire lit, maintained or used by or under the authority of any person or body of persons, corporate or unincorporate, for or Fire lit, maintained or used for the purpose of suppressing in connection with essential repair, or maintenance of services or controlling any existing bush fire where such fire is lit, or equipment required for continuance or restoration of the maintained or used under the direction of the Commissioner supply or provision of heat, light, power, water, sewerage, of the NSW Rural Fire Service, any officer of the NSW Fire transport or communication subject to observance of the Brigade, any officer authorised by the Forestry Commission special condition that all reasonable steps are taken to prevent of New South Wales, any officer authorised by the Director the escape of fire, sparks or incandescent or burning material of National Parks and Wildlife Service, or any Fire Control therefrom. Officer, Captain, Deputy Captain, Group Captain or Deputy Group Captain of any bush fire brigade organised or authorised under the Rural Fires Act 1997. SCHEDULE 6 Fire lit, maintained or used by a Public Authority as defined SCHEDULE 2 in the dictionary of the Rural Fires Act 1997, for the disposal Fire lit, maintained or used at a registered factory within of waste or putrescent material likely to cause a health hazard the meaning of the Factories, Shops and Industries Act subject to observance of the special condition that the fire is 1962, subject to observance of the special condition that all lit in a properly constructed incinerator designed to prevent reasonable steps are taken to prevent the escape of fire, sparks the escape of fire, sparks or incandescent or burning material or incandescent or burning material therefrom. therefrom.

SCHEDULE 3 SCHEDULE 7 Fire lit, maintained or used at a hospital within the meaning Fire lit, maintained or used between the hours of 7 p.m. of the Public Hospitals Act 1929, subject to observance of the and 7 a.m. for a purpose associated with the harvesting of special condition that the fire is lit in a properly constructed sugar cane subject to observance of the special condition that incinerator designed to prevent the escape of fire, sparks or all reasonable steps are taken to prevent the escape of fire, incandescent or burning material therefrom. sparks or incandescent or burning material therefrom. 586 SPECIAL SUPPLEMENT 11 February 2004

SCHEDULE 8 SCHEDULE 13 Fire lit by the Roads and Traffic Authority of New South “Oxy-acetylene and electric welding apparatus used in Wales or its contractors for the purpose of heating bitumen in accordance with the NSW Coal Mine Regulations Act 1982, tankers, sprayers, storage units, mobile asphalt plants, mobile for the purpose of the maintenance and repair of mining asphalt pavers and pavement recycling machines for road equipment subject to a special condition that adequate fire repair and construction activities subject to the observance fighting equipment is available and the operation is conducted of a special condition that adequate fire fighting equipment within an area identified as a colliery holding.” to the satisfaction of the Commissioner of the Rural Fire Service, or his nominee, is immediately available to prevent SCHEDULE 14 the escape of any such fire under circumstances as to cause or to be likely to cause injury or damage to any person or the “Oxy-acetylene and electric welding apparatus used by land or property of the Crown or a Public Authority as defined the company contracted for the construction of an ethane gas in the Rural Fires Act 1997, or any other person. pipeline from Young to Leppington within the Metropolitan, Southern Tablelands, Illawarra and Riverina weather forecast SCHEDULE 9 districts provided that adequate fire fighting equipment to the satisfaction of Commissioner of the NSW Rural Fire Service, Fire lit, maintained or used for the purpose associated with or his nominee, is immediately available to prevent the escape the drying of products from vineyards within Wentworth and of any such fire under circumstances as to cause or be likely to Balranald Council areas subject to observance of the special cause injury or damage to any person or the land or property condition that inflammable material is removed from around of the Crown or a Public Authority as defined in the dictionary the heating apparatus for a distance of not less than ten metres of the Rural Fires Act 1997, or any other person.” to the specification of the Fire Control Officer. SCHEDULE 15 SCHEDULE 10 Any conditions notified in writing by the Commissioner Fire lit by a company contracted for the construction of of the NSW Rural Fire Service to individuals or a natural gas pipeline from Young to Lithgow within the organisations. Central Tablelands, Central West Slopes and South West Slopes Weather Forecast Districts provided that adequate fire fighting equipment is immediately available to the SCHEDULE A satisfaction of the Commissioner of the NSW Rural Fire Zone B – Lower Western Weather Forecast District. Service or his nominee to prevent the escape of any such fire under circumstances as to cause or to be likely to cause Zone C – Riverina Weather Forecast District. injury or damage to any person or the land or property of the Crown or a Public Authority as defined in the dictionary of Zone D – South West Slopes Weather Forecast District. the Rural Fires Act 1997, or any other person. Zone E – Southern Tablelands Weather Forecast District. Zone H – Central West Plains Weather Forecast District. SCHEDULE 11 Fire lit, maintained or used, for the purpose of food Zone I – Central West Slopes Weather Forecast District. preparation on a gas fired or electric appliance where: Zone J – Central Tablelands Weather Forecast District. (a) such appliance is under the direct control of a responsible adult person, present at all relevant times; Zone P – Hunter Weather Forecast District. (b) no combustible material of any kind is allowed within three metres of the appliance when it is operating; (c) a system of applying an adequate stream of water to the appliance and its surrounds is available for immediate and continious use; and (d) where the appliance is not on premises containing a per- manent private dwelling or is more than twenty metres from such dwelling, both the appliance and the land on which it is to be placed have been approved for the purpose by the Council of the area.

SCHEDULE 12 Fire lit, maintained or used in accordance with Regulation 27 of the Rural Fires Regulation 1997, for the production of charcoal, ‘but not for the destruction of waste arising therefrom,’ subject to the observance of the special condition that all reasonable steps are taken to prevent the escape of fire, sparks or incandescent or burning material therefrom.

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 34 587

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 35 Friday, 13 February 2004 Published under authority by the Government Printing Service

LEGISLATION

Allocation of Administration of Acts

The Cabinet Office, Sydney 11 February 2004

ALLOCATION OF THE ADMINISTRATION OF ACTS

Her Excellency the Governor, with the advice of the Executive Council, has approved of the administration of the Acts listed in the attached Schedule being vested in the Ministers indicated against each respectively, subject to the administration of any such Act, to the extent that it directly amends another Act, being vested in the Minister administering the other Act or the relevant portion of it. The arrangements are in substitution for those in operation before the date of this notice. BOB CARR Premier 588 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 589

PREMIER Anti-Discrimination Act 1977 No 48, Part 9A (remainder, Attorney General) Anzac Memorial (Building) Act 1923 No 27 Australia Acts (Request) Act 1985 No 109 Competition Policy Reform (New South Wales) Act 1995 No 8 Constitution Act 1902 No 32 Constitution Further Amendment (Referendum) Act 1930 No 2 Constitution (Legislative Council Reconstitution) Savings Act 1993 No 19 Election Funding Act 1981 No 78 Essential Services Act 1988 No 41, Parts 1 and 2 (remainder, Minister for Industrial Relations) Freedom of Information Act 1989 No 5 Independent Commission Against Corruption Act 1988 No 35 Independent Commission Against Corruption (Commissioner) Act 1994 No 61 Independent Pricing and Regulatory Tribunal Act 1992 No 39 Interpretation Act 1987 No 15 Legislation Review Act 1987 No 165 Licensing and Registration (Uniform Procedures) Act 2002 No 28 Mutual Recognition (New South Wales) Act 1992 No 61 Natural Resources Commission Act 2003 No 102 (except Part 3, jointly with the Minister for Natural Resources) Ombudsman Act 1974 No 68 Parliamentary Electorates and Elections Act 1912 No 41 Parliamentary Evidence Act 1901 No 43 Parliamentary Precincts Act 1997 No 66 Parliamentary Remuneration Act 1989 No 160 Protected Disclosures Act 1994 No 92 Public Finance and Audit Act 1983 No 152, sections 28, 28A, 29, 30, 34 and Schedule 1 (remainder, Treasurer) Public Sector Employment and Management Act 2002 No 43 (except Chapter 7, jointly Treasurer and Minister for Commerce) Reprints Act 1972 No 48 Returned and Services League of Australia (New South Wales Branch) Incorporation Act 1935 No 39 Royal Commission (Police Service) Act 1994 No 60 Royal Commissions Act 1923 No 29 Seat of Government Surrender Act 1909 No 14 Seat of Government Surrender Act 1915 No 9 Seat of Government Surrender (Amendment) Act 1923 No 31 Senators' Elections Act 1903 No 9 Special Commissions of Inquiry Act 1983 No 90 State Owned Corporations Act 1989 No 134 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) Subordinate Legislation Act 1989 No 146 Subordinate Legislation (Repeal) Act 1985 No 232 Sustainable Energy Development Act 1995 No 96 Transferred Officers Extended Leave Act 1961 No 13 Trans-Tasman Mutual Recognition (New South Wales) Act 1996 No 102 Visy Mill Facilitation Act 1997 No 139

MlNISTER FOR THE ARTS Art Gallery of New South Wales Act 1980 No 65

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 588 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 589

Australian Museum Trust Act 1975 No 95 Copyright Act 1879 42 Vic No 20 Film and Television Office Act 1988 No 18 Historic Houses Act 1980 No 94 Library Act 1939 No 40 Museum of Applied Arts and Sciences Act 1945 No 31 State Records Act 1998 No 17 Sydney Opera House Trust Act 1961 No 9

MINISTER FOR CITIZENSHIP Community Relations Commission and Principles of Multiculturalism Act 2000 No 77

DEPUTY PREMIER Nil

MINISTER FOR EDUCATION AND TRAINING Apprenticeship and Traineeship Act 2001 No 80 Australian Catholic University Act 1990 No 110 Australian William E. Simon University Act 1988 No 89 Board of Adult and Community Education Act 1990 No 119 Board of Vocational Education and Training Act 1994 No 33 Charles Sturt University Act 1989 No 76 Education Act 1990 No 8 Education (School Administrative and Support Staff) Act 1987 No 240 Hairdressers Act 2003 No 62 Higher Education Act 2001 No 102 Higher Education (Amalgamation) Act 1989 No 65 Macquarie University Act 1989 No 126 Moree and District War Memorial Educational Centre Act 1962 No 15 Parents and Citizens Associations Incorporation Act 1976 No 50 Saint Andrew’s College Act 1998 No 15 Sancta Sophia College Incorporation Act 1929 No 45 Southern Cross University Act 1993 No 69 Teacher Housing Authority Act 1975 No 27 Teachers' College Act 1912 No 47 Teaching Services Act 1980 No 23 Technical and Further Education Commission Act 1990 No 118 Technical Education Trust Funds Act 1967 No 95 University of New England Act 1993 No 68 University of New South Wales Act 1989 No 125 University of New South Wales (St George Campus) Act 1999 No 45 University of Newcastle Act 1989 No 68 University of Sydney Act 1989 No 124 University of Technology, Sydney, Act 1989 No 69 University of Western Sydney Act 1997 No 116 University of Wollongong Act 1989 No 127 Vocational Education and Training Accreditation Act 1990 No 120 West Scholarships Act 1930 No 19 Women's College Act 1902 No 71

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 590 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 591

MINISTER FOR ABORIGINAL AFFAIRS Aboriginal Land Rights Act 1983 No 42

TREASURER Annual Reports (Departments) Act 1985 No 156 Annual Reports (Statutory Bodies) Act 1984 No 87 Appropriation (Health Super-Growth Fund) Act 2003 No 75 Australia and New Zealand Banking Group Limited (NMRB) Act 1991 No 35 Bank Integration Act 1992 No 80 Bank Mergers Act 1996 No 130 Bank Mergers (Application of Laws) Act 1996 No 64 Banks and Bank Holidays Act 1912 No 43, section 22 (remainder, Minister for Industrial Relations) Betting Tax Act 2001 No 43 Canberra Advance Bank Limited (Merger) Act 1992 No 17 Capital Debt Charges Act 1957 No 1 Commonwealth Places (Mirror Taxes Administration) Act 1998 No 100 Commonwealth Powers (State Banking) Act 1992 No 104 Conversions of Securities Adjustment Act 1931 No 63 Dartmouth Reservoir (Financial Agreement) Act 1970 No 30 Debits Tax Act 1990 No 112 Decimal Currency Act 1965 No 33 Duties Act 1997 No 123 Energy Services Corporations Act 1995 No 95 Finances Adjustment Act 1932 No 27 Financial Agreement Act 1944 No 29 Financial Agreement Act 1994 No 71 Financial Agreement (Amendment) Act 1976 No 35 Financial Agreement (Decimal Currency) Act 1966 No 39 Financial Agreement Ratification Act 1928 No 14 Financial Agreement (Returned Soldiers Settlement) Ratification Act 1935 No 1 Financial Sector Reform (New South Wales) Act 1999 No 1 Fines Act 1996 No 99 (except parts, Attorney General) First Home Owner Grant Act 2000 No 21 Freight Rail Corporation (Sale) Act 2001 No 35 General Government Debt Elimination Act 1995 No 83 General Government Liability Management Fund Act 2002 No 60 Government Guarantees Act 1934 No 57 Government Insurance Office (Privatisation) Act 1991 No 38 Health Insurance Levies Act 1982 No 159 Inscribed Stock Act 1902 No 79 Inscribed Stock (Issue and Renewals) Act 1912 No 51 Insurance Protection Tax Act 2001 No 40 Interest Reduction Act 1931 No 44 Intergovernmental Agreement Implementation (GST) Act 2000 No 44 Internal Audit Bureau Act 1992 No 20 Land Tax Act 1956 No 27 Land Tax Management Act 1956 No 26 NSW Grain Corporation Holdings Limited Act 1992 No 31 Pacific Power (Dissolution) Act 2003 No 17 Pay-roll Tax Act 1971 No 22

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 590 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 591

Petroleum Products Subsidy Act 1997 No 112 Premium Property Tax Act 1998 No 79 Public Authorities (Financial Arrangements) Act 1987 No 33 Public Finance and Audit Act 1983 No 152 (except parts, Premier) Public Loans Act 1902 No 81 Public Sector Employment and Management Act 2002 No 43, Chapter 7 (jointly with the Minister for Commerce; remainder Premier) Road Improvement (Special Funding) Act 1989 No 95 Secondary Mortgage Market (State Equity Participation) Act 1985 No 131 Snowy Hydro Corporatisation Act 1997 No 99 Stamp Duties Act 1920 No 47 State Bank (Corporatisation) Act 1989 No 195 State Bank of South Australia (Transfer of Undertaking) Act 1994 No 47 State Bank (Privatisation) Act 1994 No 73 Superannuation Administration Act 1996 No 39 Superannuation (Axiom Funds Management Corporation) Act 1996 No 40 Taxation Administration Act 1996 No 97 Totalizator Act 1997 No 45, section 70 and sections 72-79 (remainder, Minister for Gaming and Racing) Totalizator Agency Board Privatisation Act 1997 No 43 Treasury Corporation Act 1983 No 75 Trustees Protection Act 1931 No 28 Unclaimed Money Act 1995 No 75 Wills, Probate and Administration Act 1898 No 13, section 61B (7) and (8) (remainder, Attorney General)

MINISTER FOR STATE DEVELOPMENT Innovation Council Act 1996 No 77 New South Wales Investment Corporation (Sale) Act 1988 No 50 State Development and Industries Assistance Act 1966 No 10 Very Fast Train (Route Investigation) Act 1989 No 44

VICE-PRESIDENT OF THE EXECUTIVE COUNCIL Nil

SPECIAL MINISTER OF STATE Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 First State Superannuation Act 1992 No 100 Hunter District Water Board Employees' Provident Fund (Special Provisions) Act 1987 No 213 Local Government and Other Authorities (Superannuation) Act 1927 No 35 New South Wales Retirement Benefits Act 1972 No 70 Parliamentary Contributory Superannuation Act 1971 No 53 Police Association Employees (Superannuation) Act 1969 No 33 Police Regulation (Superannuation) Act 1906 No 28 Public Authorities Superannuation Act 1985 No 41 State Authorities Non-contributory Superannuation Act 1987 No 212 State Authorities Superannuation Act 1987 No 211 State Public Service Superannuation Act 1985 No 45 Superannuation Act 1916 No 28

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 592 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 593

Superannuation Administration Authority Corporatisation Act 1999 No 5 Transport Employees Retirement Benefits Act 1967 No 96

MINISTER FOR COMMERCE The Minister for Commerce has joint administration of all Acts listed for the Minister for Fair Trading and the Minister Assisting the Minister for Commerce (which are not listed again below), and the following Acts

Architects Act 1921 No 8 Architects Act 2003 No 89 Bennelong Point (Parking Station) Act 1985 No 189 Border Railways Act 1922 No 16 Building and Construction Industry Security of Payment Act 1999 No 46 Explosives Act 2003 No 39 Glen Davis Act 1939 No 38, Part 4 (remainder, Minister for Local Government) Government Telecommunications Act 1991 No 77 Land Acquisition (Charitable Institutions) Act 1946 No 55 Land Acquisition (Just Terms Compensation) Act 1991 No 22 Motor Accidents Act 1988 No 102 Motor Accidents Compensation Act 1999 No 41 Motor Vehicles (Third Party Insurance) Act 1942 No 15 Occupational Health and Safety Act 2000 No 40 (except parts, Minister for Mineral Resources) Public Sector Employment and Management Act 2002 No 43, Chapter 7 (jointly with the Treasurer; remainder, Premier) Public Works Act 1912 No 45 (except parts, Minister for Energy and Utilities) State Brickworks Act 1946 No 16 Workers Compensation Act 1987 No 70 Workers' Compensation (Brucellosis) Act 1979 No 116 Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 No 83 Workers' Compensation (Dust Diseases) Act 1942 No 14 Workmen's Compensation (Lead Poisoning-Broken Hill) Act 1922 No 31 Workplace Injury Management and Workers Compensation Act 1998 No 86

MINISTER FOR INDUSTRIAL RELATIONS Annual Holidays Act 1944 No 31 Associated General Contractors Insurance Company Limited Act 1980 No 38 Banks and Bank Holidays Act 1912 No 43 (except part, Treasurer) Bishopsgate Insurance Australia Limited Act 1983 No 81 Broken Hill Trades Hall Site Act of 1898 No 31 Broken Hill Trades Hall Site Extension Act 1915 No 42 Builders Labourers Federation (Special Provisions) Act 1986 No 17 Building and Construction Industry Long Service Payments Act 1986 No 19 Coal Industry Act 2001 No 107 Coal Industry (Industrial Matters) Act 1946 No 44 Dangerous Goods Act 1975 No 68 Employment Protection Act 1982 No 122 Entertainment Industry Act 1989 No 230 Essential Services Act 1988 No 41 (except parts, Premier) Funeral Services Industry (Days of Operation) Repeal Act 2000 No 14 Government and Related Employees Appeal Tribunal Act 1980 No 39

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 592 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 593

Industrial Arbitration (Special Provisions) Act 1984 No 121 Industrial Relations Act 1996 No 17 (except parts, Attorney General) Industrial Relations (Ethical Clothing Trades) Act 2001 No 128 (jointly with the Minister Assisting the Minister for Commerce) Long Service Leave Act 1955 No 38 Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48 Road and Rail Transport (Dangerous Goods) Act 1997 No 113 (except parts, Minister for the Environment) Rural Workers Accommodation Act 1969 No 34 Shops and Industries Act 1962 No 43 Sporting Injuries Insurance Act 1978 No 141 The Standard Insurance Company Limited and Certain Other Insurance Companies Act 1963 No 18 Transport Appeal Boards Act 1980 No 104

ASSISTANT TREASURER Nil

MINISTER FOR THE CENTRAL COAST Nil

MINISTER FOR INFRASTRUCTURE AND PLANNING The Minister for Infrastructure and Planning has joint administration of all Acts (except section 8 of the Environmental Planning and Assessment Act 1979 No 203, and section 102 of the Heritage Act 1977 No 136) listed for the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) (which are not listed again below), and the following Acts Blue Mountains Land Development (Special Provisions) Act 1985 No 55 Botany and Randwick Sites Development Act 1982 No 99 Callan Park (Special Provisions) Act 2002 No 139 Clyde Waste Transfer Terminal (Special Provisions) Act 2003 No 88 Environmental Planning and Assessment Act 1979 No 203 (except section 8, as noted above) (jointly with the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) as noted above, and also jointly with the Minister for Natural Resources) Growth Centres (Development Corporations) Act 1974 No 49 Heritage Act 1977 No 136 (except section 102, as noted above) Kooragang Coal Terminal (Special Provisions) Act 1997 No 138 Lake Illawarra Authority Act 1987 No 285 Land Development Contribution Act 1970 No 24 Land Development Contribution Management Act 1970 No 22 National Trust of Australia (New South Wales) Act 1990 No 92 Port Kembla Development (Special Provisions) Act 1997 No 40 Sir Henry Parkes National (War) Memorial Museum and Library Act 1957 No 47 State Environmental Planning (Permissible Mining) Act 1996 No 27 Walsh Bay Development (Special Provisions) Act 1999 No 3 Warnervale Airport (Restrictions) Act 1996 No 57 Western Sydney Regional Park (Revocation for Western Sydney Orbital) Act 2001 No 60

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 594 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 595

MINISTER FOR NATURAL RESOURCES The Minister for Natural Resources has joint administration of all Acts (except section 7 of the Chipping Norton Lake Authority Act 1977 No 38) listed for the Minister Assisting the Minister for Natural Resources (Forests), and the Minister Assisting the Minister for Natural Resources (Lands) (which are not listed again below), and the following Acts Australian Lubricating Oil Refinery Limited Agreement Ratification Act 1962 No 16 Australian Oil Refining Limited Agreement Ratification Act 1954 No 34 Australian Oil Refining Pty. Limited Agreement Ratification (Amendment) Act 1961 No 35 Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement Ratification Act 1950 No 11 Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification Act 1950 No 12 Catchment Management Act 1989 No 235 Catchment Management Authorities Act 2003 No 104 Chipping Norton Lake Authority Act 1977 No 38 (except section 7, as noted above) Coastal Protection Act 1979 No 13 Dams Safety Act 1978 No 96 Environmental Planning and Assessment Act 1979 No 203 (except section 8) (jointly with the Minister for Infrastructure and Planning, and the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration)) Farm Water Supplies Act 1946 No 22 Forestry and National Park Estate Act 1998 No 163 (except parts, Minister for the Environment) Googong Dam Catchment Area Act 1975 No 4 Hay Irrigation Act 1902 No 57 Hunter Water Act 1991 No 53, Part 5, Division 8, (remainder, Minister for Energy and Utilities) Irrigation Areas (Reduction of Rents) Act 1974 No 83 Menindee Lakes Storage Agreement Act 1964 No 4 Murray-Darling Basin Act 1992 No 65 Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52 National Parks and Wildlife Act 1974 No 80, in so far as it relates to part of Burrinjuck State Recreation Area (remainder, Minister for the Environment) Native Vegetation Act 2003 No 103 Native Vegetation Conservation Act 1997 No 133 Natural Resources Commission Act 2003 No 102, Part 3 jointly with Premier (remainder, Premier) New South Wales - Queensland Border Rivers Act 1947 No 10 Plantations and Reafforestation Act 1999 No 97 Rivers and Foreshores Improvement Act 1948 No 20 Soil Conservation Act 1938 No 10 Tweed River Entrance Sand Bypassing Act 1995 No 55 Water Act 1912 No 44, (except sections 27(1) (e1) and (e2) jointly with the Minister for Energy and Utilities) Water Management Act 2000 No 92, (except parts, Minister for Energy and Utilities and other parts jointly with the Minister for Energy and Utilities) Wentworth Irrigation Act 1890 54 Vic. No 7 Western Lands Act 1901 No 70

ATTORNEY GENERAL Administration of Justice Act 1924 No 42

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 594 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 595

Administration (Validating) Act 1900 No 38 Administrative Decisions Tribunal Act 1997 No 76 Anglican Church of Australia (Bodies Corporate) Act 1938 No 15 Animals Act 1977 No 25 Anti-Discrimination Act 1977 No 48 (except part, Premier) Antiochian Orthodox Church Property Trust Act 1993 No 20 Application of Laws (Coastal Sea) Act 1980 No 146 Arbitration (Civil Actions) Act 1983 No 43 Attachment of Wages Limitation Act 1957 No 28 Australian Mutual Provident Society Act 1988 No 47 Australian Mutual Provident Society (Demutualisation and Reconstruction) Act 1997 No 56 Bail Act 1978 No 161 Benevolent Society (Reconstitution) Act 1998 No 153 Births, Deaths and Marriages Registration Act 1995 No 62 Burns Philp Trustee Company Limited Act 1990 No 82 Charitable Trusts Act 1993 No 10 Children (Criminal Proceedings) Act 1987 No 55 Children (Protection and Parental Responsibility) Act 1997 No 78 Children's Court Act 1987 No 53 Choice of Law (Limitation Periods) Act 1993 No 94 Churches of Christ in New South Wales Incorporation Act 1947 No 2 Churches of Christ, Scientist, Incorporation Act 1962 No 21 Civil Liability Act 2002 No 22 Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63 Commercial Arbitration Act 1984 No 160 Common Carriers Act 1902 No 48 Commonwealth Bank (Interpretation) Act 1953 No 29 Commonwealth Places (Administration of Laws) Act 1970 No 80 Commonwealth Powers (De Facto Relationships) Act 2003 No 49 Commonwealth Powers (Family Law - Children) Act 1986 No 182 Community Justice Centres Act 1983 No 127 Community Protection Act 1994 No 77 Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62 Companies (Acquisition of Shares) (New South Wales) Code Companies (Administration) Act 1981 No 64 Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 No 63 Companies and Securities (Interpretation and Miscellaneous Provisions) (New South Wales) Code Companies (Application of Laws) Act 1981 No 122 Companies (New South Wales) Code Compensation Court Repeal Act 2002 No 23 Compensation to Relatives Act 1897 No 31 Confiscation of Proceeds of Crime Act 1989 No 90 Constitutional Powers (Coastal Waters) Act 1979 No 138 Contractors Debts Act 1997 No 110 Co-operative Schemes (Administrative Actions) Act 2001 No 45 Coptic Orthodox Church (NSW) Property Trust Act 1990 No 67 Coroners Act 1980 No 27 Corporations (Administrative Actions) Act 2001 No 33 Corporations (Ancillary Provisions) Act 2001 No 32 Corporations (Commonwealth Powers) Act 2001 No 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 596 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 597

Corporations (New South Wales) Act 1990 No 83 Costs in Criminal Cases Act 1967 No 13 Council of Law Reporting Act 1969 No 59 Crimes Act 1900 No 40 Crimes at Sea Act 1998 No 173 Crimes (Forensic Procedures) Act 2000 No 59 Crimes (Local Courts Appeal and Review) Act 2001 No 120 Crimes Prevention Act 1916 No 80 Crimes (Sentencing Procedure) Act 1999 No 92 Criminal Appeal Act 1912 No 16 Criminal Procedure Act 1986 No 209 Criminal Records Act 1991 No 8 Crown Advocate Act 1979 No 59 Crown Proceedings Act 1988 No 70 Crown Prosecutors Act 1986 No 208 Damage by Aircraft Act 1952 No 46 Damages (Infants and Persons of Unsound Mind) Act 1929 No 25 Defamation Act 1974 No 18 Director of Public Prosecutions Act 1986 No 207 Discharged Servicemen's Badges Act 1964 No 49 District Court Act 1973 No 9 Domicile Act 1979 No 118 Dormant Funds Act 1942 No 25 Drug Court Act 1998 No 150 Drug Misuse and Trafficking Act 1985 No 226 (except part, Minister for Police, and Minister for Health) Dust Diseases Tribunal Act 1989 No 63 Electronic Transactions Act 2000 No 8 Employees Liability Act 1991 No 4 Evidence Act 1995 No 25 Evidence (Audio and Audio Visual Links) Act 1998 No 105 Evidence (Children) Act 1997 No 143 Evidence (Consequential and Other Provisions) Act 1995 No 27, Schedule 2 Evidence on Commission Act 1995 No 26 Factors (Mercantile Agents) Act 1923 No 2 Family Provision Act 1982 No 160 Federal Courts (State Jurisdiction) Act 1999 No 22 Felons (Civil Proceedings) Act 1981 No 84 Financial Transaction Reports Act 1992 No 99 Fines Act 1996 No 99, Part 2, Divisions 1 and 2, section 120 (in so far as it relates to registrars of the courts and the Sheriff) and section 123 (remainder, Treasurer) Foreign Judgments Act 1973 No 39 Forfeiture Act 1995 No 65 Frustrated Contracts Act 1978 No 105 Futures Industry (Application of Laws) Act 1986 No 66 Futures Industry (New South Wales) Code Greek Orthodox Archdiocese of Australia Consolidated Trust Act 1994 No 65 Habitual Criminals Act 1957 No 19 Holy Apostolic Catholic Assyrian Church of the East Property Trust Act 1992 No 10 Imperial Acts Application Act 1969 No 30 Inclosed Lands Protection Act 1901 No 33

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 596 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 597

Industrial Relations Act 1996 No 17, sections 147, 148 (except in relation to the appointment of Commissioners), 149, 150, 151, 152, 153, 154, 156(3), 157(3), 159(2), 164(2), 168, 180, 185(2)(d) and (e), 196, 197, 207, 208, 381, 382, 383, 407 (in relation to provisions administered by the Attorney General), Schedule 2 (in relation to provisions administered by the Attorney General), and Schedule 4 (in relation to provisions administered by the Attorney General), (remainder, Minister for Industrial Relations) Inebriates Act 1912 No 24 Infants' Custody and Settlements Act 1899 No 39 Inheritance Act of 1901 No 19 Insurance Act 1902 No 49 Insurance (Application of Laws) Act 1986 No 13 Intoxicated Persons Act 1979 No 67 Judges' Pensions Act 1953 No 41 Judgment Creditors' Remedies Act 1901 No 8 Judicial Office (Papua New Guinea) Act 1979 No 177 Judicial Officers Act 1986 No 100 Jurisdiction of Courts (Cross-vesting) Act 1987 No 125 Jurisdiction of Courts (Foreign Land) Act 1989 No 190 Jury Act 1977 No 18 Justices of the Peace Act 2002 No 27 Land and Environment Court Act 1979 No 204 Law and Justice Foundation Act 2000 No 97 Law Courts Limited Act 1977 No 10 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 Law Reform Commission Act 1967 No 39 Law Reform (Law and Equity) Act 1972 No 28 Law Reform (Marital Consortium) Act 1984 No 38 Law Reform (Miscellaneous Provisions) Act 1944 No 28 Law Reform (Miscellaneous Provisions) Act 1946 No 33 Law Reform (Miscellaneous Provisions) Act 1965 No 32 Law Reform (Vicarious Liability) Act 1983 No 38 Legal Aid Commission Act 1979 No 78 Legal Profession Act 1987 No 109 Lie Detectors Act 1983 No 62 Limitation Act 1969 No 31 Liquor Act 1982 No 147, Part 2 (remainder, Minister for Gaming and Racing) Listening Devices Act 1984 No 69 Local Courts Act 1982 No 164 Local Courts (Civil Claims) Act 1970 No 11 Lutheran Church of Australia (New South Wales District) Property Trust Act 1982 No 101 Maintenance, Champerty and Barratry Abolition Act 1993 No 88 Maintenance Orders (Facilities for Enforcement) Act 1923 No 4 Marketable Securities Act 1970 No 72 Married Persons (Equality of Status) Act 1996 No 96 Matrimonial Causes Act 1899 No 14 Mental Health (Criminal Procedure) Act 1990 No 10 Methodist Church of Samoa in Australia Property Trust Act 1998 No 96 Mining Act 1992 No 29, section 293 (remainder, Minister for Mineral Resources) Minors (Property and Contracts) Act 1970 No 60 Moratorium Act 1932 No 57 Notice of Action and Other Privileges Abolition Act 1977 No 19

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 598 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 599

Oaths Act 1900 No 20 Parliamentary Papers (Supplementary Provisions) Act 1975 No 49 Partnership Act 1892 55 Vic. No 12 Piracy Punishment Act 1902 No 69 Police Powers (Drug Detection Dogs) Act 2001 No 115 Police Powers (Drug Premises) Act 2001 No 30 Police Powers (Internally Concealed Drugs) Act 2001 No 31 Police (Special Provisions) Act 1901 No 5 (except part, Minister for Police) Powers of Attorney Act 2003 No 53 Presbyterian Church of Australia Act 1971 No 42 Pre-Trial Diversion of Offenders Act 1985 No 153 Printing and Newspapers Act 1973 No 46 Privacy and Personal Information Protection Act 1998 No 133 Professional Standards Act 1994 No 81 Property (Relationships) Act 1984 No 147 Protected Estates Act 1983 No 179 Public Defenders Act 1995 No 28 Public Notaries Act 1997 No 98 Public Trustee Act 1913 No 19 Recovery of Imposts Act 1963 No 21 Reorganised Church of Jesus Christ of Latter Day Saints Trust Property Act 1959 No 13 Restraints of Trade Act 1976 No 67 Restricted Premises Act 1943 No 6 Roman Catholic Church Communities' Lands Act 1942 No 23 Roman Catholic Church Trust Property Act 1936 No 24 Royal Blind Society (Corporate Conversion) Act 2003 No 64 Royal Institute for Deaf and Blind Children Act 1998 No 6 Russian Orthodox Church (NSW) Property Trust Act 1991 No 91 Sale of Goods Act 1923 No 1 Sale of Goods (Vienna Convention) Act 1986 No 119 Scout Association of Australia (New South Wales Branch) Incorporation Act 1928 No 26 Sea-Carriage Documents Act 1997 No 92 Search Warrants Act 1985 No 37 Securities Industry (Application of Laws) Act 1981 No 61 Sheriff Act 1900 No 16 Solicitor General Act 1969 No 80 Standard Time Act 1987 No 149 Status of Children Act 1996 No 76 Stewards' Foundation of Christian Brethren Act 1989 No 172 Suitors' Fund Act 1951 No 3 Summary Offences Act 1988 No 25 Sunday (Service of Process) Act 1984 No 45 Supreme Court Act 1970 No 52 Telecommunications (Interception) (New South Wales) Act 1987 No 290 Terrorism (Commonwealth Powers) Act 2002 No 114 Terrorism (Police Powers) Act 2002 No 115 Testator's Family Maintenance and Guardianship of Infants Act 1916 No 41 Trustee Act 1925 No 14 Trustee Companies Act 1964 No 6 Trustees Delegation of Powers Act 1915 No 31 Unauthorised Documents Act 1922 No 6

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 598 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 599

Uncollected Goods Act 1995 No 68 Uniting Church in Australia Act 1977 No 47 Victims Rights Act 1996 No 114 Victims Support and Rehabilitation Act 1996 No 115 Voluntary Workers (Soldiers' Holdings) Amendment Act 1974 No 27, sections 4 to 9 (remainder, Minister for Natural Resources, and Minister Assisting the Minister for Natural Resources (Lands)) Westpac Banking Corporation (Transfer of Incorporation) Act 2000 No 71 Wills, Probate and Administration Act 1898 No 13 (except parts, Treasurer) Witnesses Examination Act 1900 No 34 Workplace Video Surveillance Act 1998 No 52 Young Offenders Act 1997 No 54 (except parts, Minister for Juvenile Justice)

MINISTER FOR THE ENVIRONMENT Contaminated Land Management Act 1997 No 140 Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Jenolan Caves Reserves, reserve number 190075 for preservation of caves, preservation of fauna, preservation of native flora and public recreation and the land dedicated for the public purpose of accommodation house D590137, in the Parishes of Jenolan, Bombah and Bouverie, Counties of Westmoreland and Georgiana, (remainder, Minister for Natural Resources, Minister for Tourism and Sport and Recreation, and Minister Assisting the Minister for Natural Resources (Lands)) Environmental Trust Act 1998 No 82 Environmentally Hazardous Chemicals Act 1985 No 14 Forestry and National Park Estate Act 1998 No 163 (Part 2, and Schedules 1-7, remainder Minister for Natural Resources) Forestry Restructuring and Nature Conservation Act 1995 No 50 Forestry Revocation and National Park Reservation Act 1996 No 131 Forestry Revocation and National Parks Reservation Act 1983 No 37 Forestry Revocation and National Parks Reservation Act 1984 No 85 Lane Cove National Park (Sugarloaf Point Additions) Act 1996 No 71 Lord Howe Island Act 1953 No 39 Lord Howe Island Aerodrome Act 1974 No 25 Marine Parks Act 1997 No 64 (jointly with the Minister for Agriculture and Fisheries) National Environment Protection Council (New South Wales) Act 1995 No 4 National Park Estate (Reservations) Act 2002 No 137 National Park Estate (Reservations) Act 2003 No 24 National Park Estate (Southern Region Reservations) Act 2000 No 103 National Parks and Wildlife Act 1974 No 80 (except in so far as it relates to part of Burrinjuck State Recreation Area, Minister for Natural Resources) National Parks and Wildlife (Adjustment of Areas) Act 2001 No 49 Nature Conservation Trust Act 2001 No 10 Ozone Protection Act 1989 No 208 Pesticides Act 1999 No 80 Protection of the Environment Administration Act 1991 No 60 Protection of the Environment Operations Act 1997 No 156 Radiation Control Act 1990 No 13 Recreation Vehicles Act 1983 No 136 (except parts, Minister for Roads)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 600 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 601

Road and Rail Transport (Dangerous Goods) Act 1997 No 113, so far as it relates to the on-road and on-rail transport of dangerous goods by road or rail (remainder, Minister for Industrial Relations) Roads Act 1993 No 33, so far as it relates to Lord Howe Island (remainder, Minister for Roads, Minister for Natural Resources, Minister for Local Government, and Minister Assisting the Minister for Natural Resources (Lands)) Royal Botanic Gardens and Domain Trust Act 1980 No 19 Sydney Water Catchment Management Act 1998 No 171 Threatened Species Conservation Act 1995 No 101 Waste Avoidance and Resource Recovery Act 2001 No 58 Waste Recycling and Processing Corporation Act 2001 No 59 Wilderness Act 1987 No 196 Zoological Parks Board Act 1973 No 34

MINISTER FOR ROADS Campbelltown Presbyterian Cemetery Act 1984 No 19 Driving Instructors Act 1992 No 3 Motor Vehicles Taxation Act 1988 No 111 Recreation Vehicles Act 1983 No 136, Parts 4 and 6 (remainder, Minister for the Environment) Road Transport (Driver Licensing) Act 1998 No 99 Road Transport (General) Act 1999 No 18 Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72 Road Transport (Safety and Traffic Management) Act 1999 No 20 Road Transport (Vehicle Registration) Act 1997 No 119 Roads Act 1993 No 33 (except parts, Minister for the Environment, Minister for Natural Resources, Minister for Local Government, and Minister Assisting the Minister for Natural Resources (Lands)) Sydney Harbour Tunnel (Private Joint Venture) Act 1987 No 49 Transport Administration Act 1988 No 109, Part 6, and so much of the Act as relates to the Roads and Traffic Authority (remainder, Minister for Transport Services)

MINISTER FOR HOUSING Aboriginal Housing Act 1998 No 47 Commonwealth and State Housing Agreement Act 1946 No 19 Commonwealth and State Housing Agreement Act 1955 No 41 HomeFund Restructuring Act 1993 No 112 (except parts, Minister for Commerce, and Minister for Fair Trading) Housing Act 2001 No 52 Housing Agreement Act 1956 No 35 Housing Agreement Act 1961 No 39 Housing Agreement Act 1966 No 40 Housing Agreement Act 1973 No 57 Housing Agreement Act 1974 No 90 Housing Agreement Act 1978 No 149 Housing Agreement Act 1981 No 129 Housing Agreement Act 1985 No 32 Landcom Corporation Act 2001 No 129 Loan Fund Companies Act 1976 No 94

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 600 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 601

MINISTER FOR HEALTH Ambulance Services Act 1990 No 16 Anatomy Act 1977 No 126 Cancer Institute (NSW) Act 2003 No 14 Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192 Chiropractors Act 2001 No 15 Dental Practice Act 2001 No 64 Dental Technicians Registration Act 1975 No 40 Dentists Act 1989 No 139 Drug Misuse and Trafficking Act 1985 No 226, Part 2A (jointly with the Minister for Police, remainder, Attorney General) Fluoridation of Public Water Supplies Act 1957 No 58 Food Act 1989 No 231 Food Act 2003 No 43 Garvan Institute of Medical Research Act 1984 No 106 Gladesville Mental Hospital Cemetery Act 1960 No 45 Health Administration Act 1982 No 135 Health Care Complaints Act 1993 No 105 Health Care Liability Act 2001 No 42 Health Professionals (Special Events Exemption) Act 1997 No 90 Health Records and Information Privacy Act 2002 No 71 Health Services Act 1997 No 154 Human Tissue Act 1983 No 164 Lunacy and Inebriates (Commonwealth Agreement Ratification) Act 1937 No 37 Lunacy (Norfolk Island) Agreement Ratification Act 1943 No 32 Medical Practice Act 1992 No 94 Mental Health Act 1990 No 9 New South Wales Cancer Council Act 1995 No 43 New South Wales Institute of Psychiatry Act 1964 No 44 Nurses Act 1991 No 9 Nursing Homes Act 1988 No 124 Optical Dispensers Act 1963 No 35 Optometrists Act 1930 No 20 Optometrists Act 2002 No 30 Osteopaths Act 2001 No 16 Pharmacy Act 1964 No 48 Physiotherapists Act 2001 No 67 Podiatrists Act 1989 No 23 Podiatrists Act 2003 No 69 Poisons and Therapeutic Goods Act 1966 No 31 Private Hospitals and Day Procedure Centres Act 1988 No 123 Psychologists Act 2001 No 69 Public Health Act 1991 No 10 Smoke-free Environment Act 2000 No 69 Sydney Hospital (Trust Property) Act 1984 No 133 Tuberculosis Act 1970 No 18

MINISTER FOR TRANSPORT SERVICES Air Navigation Act 1938 No 9 Air Transport Act 1964 No 36

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 602 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 603

Border Railways (Grain Elevators) Amendment Act 1957 No 9 Broken Hill to South Australian Border Railway Agreement Act 1968 No 59 Civil Aviation (Carriers' Liability) Act 1967 No 64 Commercial Vessels Act 1979 No 41 Glenreagh to Dorrigo Railway (Closure) Act 1993 No 65 Marine (Boating Safety-Alcohol and Drugs) Act 1991 No 80 Marine Pilotage Licensing Act 1971 No 56 Marine Pollution Act 1987 No 299 Marine Safety Act 1998 No 121 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78 Maritime Services Act 1935 No 47 National Rail Corporation (Agreement) Act 1991 No 82 Navigation Act 1901 No 60 Parking Space Levy Act 1992 No 32 Passenger Transport Act 1990 No 39 Ports Corporatisation and Waterways Management Act 1995 No 13 Rail Safety Act 2002 No 96 Railway Construction (East Hills to Campbelltown) Act 1983 No 111 Railway Construction (Maldon to Port Kembla) Act 1983 No 112 Tow Truck Industry Act 1998 No 111 Transport Administration Act 1988 No 109 (except part, Minister for Roads)

MINISTER FOR THE HUNTER Nil

MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (FORESTS) The Minister Assisting the Minister for Natural Resources (Forests) has joint administration of the following Acts with the Minister for Natural Resources Forestry Act 1916 No 55 Softwood Forestry Agreement Act 1968 No 20 Softwood Forestry Agreement Ratification Act 1980 No 90 Softwood Forestry (Further Agreement) Act 1973 No 7 Timber Marketing Act 1977 No 72

MINISTER FOR POLICE Australian Crime Commission (New South Wales) Act 2003 No 13 Child Protection (Offenders Registration) Act 2000 No 42 Commercial Agents and Private Inquiry Agents Act 1963 No 4 Criminal Assets Recovery Act 1990 No 23 Drug Misuse and Trafficking Act 1985 No 226, Part 2A (jointly with the Minister for Health, remainder Attorney General) Federation of New South Wales Police-Citizens Youth Clubs (Reconstitution) Act 1989 No 163 Firearms Act 1996 No 46 Law Enforcement and National Security (Assumed Identities) Act 1998 No 154 Law Enforcement (Controlled Operations) Act 1997 No 136 New South Wales Crime Commission Act 1985 No 117 Police Act 1990 No 47 Police Department (Transit Police) Act 1989 No 58 Police Integrity Commission Act 1996 No 28

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 602 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 603

Police Powers (Drug Detection in Border Areas Trial) Act 2003 No 28 Police Powers (Vehicles) Act 1998 No 166 Police (Special Provisions) Act 1901 No 5, Part 4 (remainder, Attorney General) Road Obstructions (Special Provisions) Act 1979 No 9 Security Industry Act 1997 No 157 Sporting Venues (Pitch Invasions) Act 2003 No 44 Weapons Prohibition Act 1998 No 127 Witness Protection Act 1995 No 87 Wool, Hide and Skin Dealers Act 1935 No 40

MINISTER FOR COMMUNITY SERVICES Adoption Act 2000 No 75 Child Welfare (Commonwealth Agreement Ratification) Act 1941 No 11 Child Welfare (Commonwealth Agreement Ratification) Act 1962 No 28 Children and Young Persons (Care and Protection) Act 1998 No 157 Children (Care and Protection) Act 1987 No 54 Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the Minister for Ageing, and the Minister for Disability Services) Community Welfare Act 1987 No 52 (jointly with the Minister for Disability Services)

MINISTER FOR AGEING Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the Minister for Community Services, and the Minister for Disability Services) Home Care Service Act 1988 No 6 (jointly with the Minister for Disability Services)

MINISTER FOR DISABILITY SERVICES Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 (jointly with the Minister for Community Services, and the Minister for Ageing) Community Welfare Act 1987 No 52 (jointly with the Minister for Community Services) Disability Services Act 1993 No 3 Guardianship Act 1987 No 257 Home Care Service Act 1988 No 6 (jointly with the Minister for Ageing) Youth and Community Services Act 1973 No 90

MINISTER FOR YOUTH Child Protection (Prohibited Employment) Act 1998 No 147 Commission for Children and Young People Act 1998 No 146 Youth Advisory Council Act 1989 No 39

MINISTER FOR ENERGY AND UTILITIES Aberdare County Council (Dissolution) Act 1982 No 74 AGL Corporate Conversion Act 2002 No 16 Eastern Gas Pipeline (Special Provisions) Act 1996 No 126 Electricity Safety Act 1945 (1946 No 13) (except part jointly with Minister for Commerce, and Minister for Fair Trading) Electricity Supply Act 1995 No 94 Energy Administration Act 1987 No 103 Eraring Power Station Act 1981 No 107

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 604 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 605

Gas Industry Restructuring Act 1986 No 213 Gas Pipelines Access (New South Wales) Act 1998 No 41 Gas Supply Act 1996 No 38 (except parts, jointly Minister for Commerce, and Minister for Fair Trading) Gosford-Wyong Electricity Supply (Special Provisions) Act 1985 No 182 Hunter Water Act 1991 No 53 (except parts, Minister for Natural Resources) National Electricity (New South Wales) Act 1997 No 20 Northern Rivers County Council (Undertaking Acquisition) Act 1981 No 95 Pipelines Act 1967 No 90 Public Works Act 1912 No 45, sections 34(3) and 34(4) (remainder, Minister for Commerce) Sydney Water Act 1994 No 88 Water Act 1912 No 44, sub-sections 27(1) (e1) and (e2) jointly with the Minister for Natural Resources (remainder, Minister for Natural Resources) Water Management Act 2000 No 92, sections 71G, 76 and 85, Chapter 3 Part 4, Chapter 7 Parts 2, 4 and 5, Chapter 8 Part 2 (except sub-sections 372(1) (c), (5) and (6)) and Chapter 9 (except sections 392, 393 and 404) jointly with the Minister for Natural Resources; Chapter 5 Part 1 (all); Chapter 6 Part 2, Chapter 7 Parts 1 and 3, and Schedules 3, 4 and 5 in so far as they relate to the Fish River Water Supply Scheme and the following water supply authorities: Cobar Water Board, Gosford City Council, Sydney Olympic Park Authority, Wyong Council, and Australian Inland Energy Water Infrastructure (remainder, Minister for Natural Resources)

MINISTER FOR SCIENCE AND MEDICAL RESEARCH Human Cloning and Other Prohibited Practices Act 2003 No 20 Research Involving Human Embryos (New South Wales) Act 2003 No 21

MINISTER ASSISTING THE MINISTER FOR HEALTH (CANCER) Nil

MINISTER ASSISTING THE PREMIER ON THE ARTS Nil

MINISTER FOR TOURISM AND SPORT AND RECREATION Boxing and Wrestling Control Act 1986 No 11 Centennial Park and Moore Park Trust Act 1983 No 145 Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Parramatta Park, reserve number D500239, the Crown Reserve known as Wollongong Sportsground, reserve number D580096 for public recreation and tourist purposes, in the Parish of Wollongong, County of Camden, the Crown Reserve known as Newcastle International Sports Centre, reserve number D84753 for public recreation, in the Parish of Newcastle, County of Northumberland, the Crown Reserve known as Newcastle Showground, reserve number D570083 for showground, in the Parish of Newcastle, County of Northumberland, and Luna Park Reserve (within the meaning of the Luna Park Site Act 1990) (remainder, Minister for Natural Resources, Minister for the Environment, and Minister Assisting the Minister for Natural Resources (Lands)) Institute of Sport Act 1995 No 52 Luna Park Site Act 1990 No 59 Motor Vehicle Sports (Public Safety) Act 1985 No 24 Mount Panorama Motor Racing Act 1989 No 108 Newcastle Agricultural, Horticultural, and Industrial Association Act of 1905

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 604 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 605

Newcastle International Sports Centre Act 1967 No 63 Parramatta Park (Old Government House) Act 1967 No 33 Parramatta Park Trust Act 2001 No 17 Parramatta Stadium Trust Act 1988 No 86 Sporting Bodies' Loans Guarantee Act 1977 No 3 Sporting Venues Management Act 2002 No 56 Sports Drug Testing Act 1995 No 45 State Sports Centre Trust Act 1984 No 68 Sydney Cricket and Sports Ground Act 1978 No 72 Sydney Entertainment Centre Act 1980 No 135 Sydney Olympic Park Authority Act 2001 No 57 Sydney 2000 Games Administration Act 2000 No 81 Tourism New South Wales Act 1984 No 46 Wollongong Sportsground Act 1986 No 174

MINISTER FOR WOMEN Nil

MINISTER FOR RURAL AFFAIRS Nil

MINISTER FOR LOCAL GOVERNMENT Carlingford Drainage Improvement (Land Exchange) Act 1992 No 68 City of Sydney Act 1988 No 48 Collarenebri Water Supply Act 1968 No 18 Companion Animals Act 1998 No 87 Country Towns Water Supply and Sewerage (Debts) Act 1937 No 32 Dividing Fences Act 1991 No 72 Glen Davis Act 1939 No 38 (except part, Minister for Commerce) Grafton Water Supply Act 1956 No 33 Impounding Act 1993 No 31 Local Government Act 1993 No 30 Local Government Areas Amalgamation Act 1980 No 110 Local Government Associations Incorporation Act 1974 No 20 Local Government (City of Sydney Boundaries) Act 1967 No 48 Newcastle (Miscellaneous Lands) Act 1979 No 140 Newcastle National Park Enabling Act 1924 No 49 Queen Victoria Building Site Act 1952 No 30 Roads Act 1993 No 33, section 178 (2); Division 2 of Part 3 (so far as it relates to the widening of a public road for which a council is the roads authority); section 175 (so far as it relates to the power to enter land along or near a public road for which a council is the roads authority); and section 252 (so far as it relates to the functions of the Minister for Local Government under the Act) (remainder, Minister for the Environment, Minister for Natural Resources, Minister for Roads, and Minister Assisting the Minister for Natural Resources (Lands)) Swimming Pools Act 1992 No 49 Walgett Water Supply Act 1959 No 17

MINISTER FOR EMERGENCY SERVICES Fire Brigades Act 1989 No 192

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 606 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 607

Fire Services Joint Standing Committee Act 1998 No 18 Rural Fires Act 1997 No 65 State Emergency and Rescue Management Act 1989 No 165 State Emergency Service Act 1989 No 164

MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (LANDS) The Minister Assisting the Minister for Natural Resources (Lands) has joint administration of the following Acts with the Minister for Natural Resources (except section 7 of the Chipping Norton Lake Authority Act 1977 No 38 which is solely administered by the Minister Assisting the Minister for Natural Resources (Lands)) Access to Neighbouring Land Act 2000 No 2 Bills of Sale Act 1898 No 10 Botany Cemetery and Crematorium Act 1972 No 6 Camperdown Cemetery Act 1948 No 14 Chipping Norton Lake Authority Act 1977 No 38 (section 7 solely administered by the Minister Assisting the Minister for Natural Resources (Lands) as noted above) Christ Church Cathedral, Newcastle, Cemetery Act 1966 No 20 Commons Management Act 1989 No 13 Community Land Development Act 1989 No 201 Conversion of Cemeteries Act 1974 No 17 Conveyancing Act 1919 No 6 Conveyancing and Law of Property Act 1898 No 17 Crown Lands Act 1989 No 6 (except parts, Minister for the Environment, and Minister for Tourism and Sport and Recreation) Crown Lands (Continued Tenures) Act 1989 No 7 Crown Lands (Validation of Revocations) Act 1983 No 55 Encroachment of Buildings Act 1922 No 23 Geographical Names Act 1966 No 13 Gore Hill Memorial Cemetery Act 1986 No 116 Gosford Cemeteries Act 1970 No 84 Land Agents Act 1927 No 3 Land Sales Act 1964 No 12 Liens on Crops and Wool and Stock Mortgages Act 1898 No 7 Mudgee Cemeteries Act 1963 No 2 Native Title (New South Wales) Act 1994 No 45 Necropolis Act 1901 (1902 No 20) Old Balmain (Leichhardt) Cemetery Act 1941 No 12 Old Liverpool Cemetery Act 1970 No 49 Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 No 56 Old Wallsend Cemetery Act 1953 No 5 Parramatta Methodist Cemetery Act 1961 No 44 Perpetuities Act 1984 No 43 Public Reserves Management Fund Act 1987 No 179 Queanbeyan Showground (Variation of Purposes) Act 1995 No 14 Real Property Act 1900 No 25 Real Property (Legal Proceedings) Act 1970 No 92 Registrar-General Act 1973 No 67 Roads Act 1993 No 33, Parts 2, 4 and 12 (section 178 (2) excepted) and section 148; and the remaining provisions of the Act so far as they relate to Crown roads (remainder, Minister for the Environment, Minister for Roads, and Minister for Local Government)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 606 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 607

St. Andrew's Church of England, Mayfield, Cemetery Act 1957 No 39 St. Andrew's Presbyterian Church, Woonona, Cemetery Act 1966 No 6 St. Anne's Church of England, Ryde, Act 1968 No 47 St. George's Church of England, Hurstville, Cemetery Act 1961 No 63 St. Peter's Church of England, Cook's River, Cemetery Act 1968 No 48 St. Thomas' Church of England, North Sydney, Cemetery Act 1967 No 22 Strata Schemes (Freehold Development) Act 1973 No 68 Strata Schemes (Leasehold Development) Act 1986 No 219 Surveying Act 2002 No 83 Transfer of Records Act 1923 No 14 Trustees of Schools of Arts Enabling Act 1902 No 68 Valuation of Land Act 1916 No 2 Voluntary Workers (Soldiers' Holdings) Act 1917 No 25 Voluntary Workers (Soldiers' Holdings) Amendment Act 1974 No 27 (except parts, Attorney General) Wagga Wagga Racecourse Act 1993 No 109, sections 4 and 5 (remainder, Minister for Gaming and Racing) Wild Dog Destruction Act 1921 No 17

MINISTER FOR REGIONAL DEVELOPMENT Albury-Wodonga Development Act 1974 No 47 Albury-Wodonga Development Repeal Act 2000 No 18 Country Industries (Pay-roll Tax Rebates) Act 1977 No 79

MINISTER FOR THE ILLAWARRA Nil

MINISTER FOR SMALL BUSINESS Retail Leases Act 1994 No 46 Small Business Development Corporation Act 1984 No 119

MINISTER FOR AGRICULTURE AND FISHERIES Agricultural and Veterinary Chemicals (New South Wales) Act 1994 No 53 Agricultural Industry Services Act 1998 No 45 Agricultural Livestock (Disease Control Funding) Act 1998 No 139 Agricultural Scientific Collections Trust Act 1983 No 148 Agricultural Tenancies Act 1990 No 64 Animal Research Act 1985 No 123 Apiaries Act 1985 No 16 Banana Industry Act 1987 No 66 Biological Control Act 1985 No 199 C.B. Alexander Foundation Incorporation Act 1969 No 61 Dairy Adjustment Programme Agreement Ratification Act 1975 No 31 Dairy Adjustment Programme Agreement Ratification Act 1977 No 98 Dairy Industry Act 2000 No 54 Dried Fruits (Repeal) Act 1997 No 124 Exhibited Animals Protection Act 1986 No 123 Exotic Diseases of Animals Act 1991 No 73 Farm Debt Mediation Act 1994 No 91

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 608 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 609

Farm Produce Act 1983 No 30 Farrer Memorial Research Scholarship Fund Act 1930 No 38 Fertilisers Act 1985 No 5 Fish Marketing Act 1994 No 37 Fisheries Act 1935 No 58 Fisheries Management Act 1994 No 38 Food Production (Safety) Act 1998 No 128 Game and Feral Animal Control Act 2002 No 64 Gene Technology (GM Crop Moratorium) Act 2003 No 12 Gene Technology (New South Wales) Act 2003 No 11 Grain Marketing Act 1991 No 15 Marginal Dairy Farms Reconstruction Scheme Agreement Ratification Act 1971 No 72 Marine Parks Act 1997 No 64 (jointly with the Minister for the Environment) Marketing of Primary Products Act 1983 No 176 Meat Industry Act 1978 No 54 Murray Valley Citrus Marketing Act 1989 No 155 Non-Indigenous Animals Act 1987 No 166 Noxious Weeds Act 1993 No 11 Plant Diseases Act 1924 No 38 Poultry Meat Industry Act 1986 No 101 Prevention of Cruelty to Animals Act 1979 No 200 Rural Adjustment Scheme Agreement Act 1993 No 107 Rural Assistance Act 1989 No 97 Rural Lands Protection Act 1998 No 143 Seeds Act 1982 No 14 States and Northern Territory Grants (Rural Adjustment) Agreement Ratification Act 1985 No 113 States and Northern Territory Grants (Rural Adjustment) Agreement Ratification Act 1989 No 168 States Grants (Rural Adjustment) Agreement Ratification Act 1977 No 104 States Grants (Rural Reconstruction) Agreement Ratification Act 1971 No 37 Stock (Artificial Breeding) Act 1985 No 196 Stock (Chemical Residues) Act 1975 No 26 Stock Diseases Act 1923 No 34 Stock Foods Act 1940 No 19 Stock Medicines Act 1989 No 182 Swine Compensation Act 1928 No 36 Sydney Market Authority (Dissolution) Act 1997 No 62 Veterinary Practice Act 2003 No 87 Veterinary Surgeons Act 1986 No 55 Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100

MINISTER FOR JUVENILE JUSTICE Children (Community Service Orders) Act 1987 No 56 Children (Detention Centres) Act 1987 No 57 Children (Interstate Transfer of Offenders) Act 1988 No 85 Young Offenders Act 1997 No 54, sections 49, 60 and 61, and Schedule 1 (remainder, Attorney General)

MINISTER FOR WESTERN SYDNEY Nil

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 608 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 609

MINISTER ASSISTING THE MINISTER FOR INFRASTRUCTURE AND PLANNING (PLANNING ADMINISTRATION) The Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) has joint administration of the following Acts with the Minister for Infrastructure and Planning (except section 8 of the Environmental Planning and Assessment Act 1979 No 203 and section 102 of the Heritage Act 1977 No 136 which are solely administered by the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration)) Environmental Planning and Assessment Act 1979 No 203 Heritage Act 1977 No 136 Sydney Harbour Foreshore Authority Act 1998 No 170

MINISTER FOR FAIR TRADING The Minister for Fair Trading has joint administration of the following Acts with the Minister for Commerce Associations Incorporation Act 1984 No 143 Business Names Act 1962 No 11 Business Names Act 2002 No 97 Community Land Management Act 1989 No 202 Consumer Claims Act 1998 No 162 Consumer Credit Administration Act 1995 No 69 Consumer Credit (New South Wales) Act 1995 No 7 Consumer, Trader and Tenancy Tribunal Act 2001 No 82 Contracts Review Act 1980 No 16 Conveyancers Licensing Act 1995 No 57 Conveyancers Licensing Act 2003 No 3 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11 Co-operatives Act 1992 No 18 Credit Act 1984 No 94 Credit (Finance Brokers) Act 1984 No 96 Credit (Home Finance Contracts) Act 1984 No 97 Door-to-Door Sales Act 1967 No 36 Electricity Safety Act 1945 (1946 No 13) so far as it relates to electrical articles and electrical installations (jointly with Minister for Energy and Utilities) Fair Trading Act 1987 No 68 Fitness Services (Pre-paid Fees) Act 2000 No 95 Funeral Funds Act 1979 No 106 Gas Supply Act 1996 No 38, section 83A (remainder, Minister for Energy and Utilities) Holiday Parks (Long-term Casual Occupation) Act 2002 No 88 Home Building Act 1989 No 147 HomeFund Commissioner Act 1993 No 9 HomeFund Restructuring Act 1993 No 112, sections 14, 15, 16 and Schedule 2 (remainder, Minister for Housing) Landlord and Tenant Act 1899 No 18 Landlord and Tenant (Amendment) Act 1948 No 25 Landlord and Tenant (Rental Bonds) Act 1977 No 44 Motor Dealers Act 1974 No 52 Motor Vehicle Repairs Act 1980 No 71 Pawnbrokers and Second-hand Dealers Act 1996 No 13 Price Exploitation Code (New South Wales) Act 1999 No 55

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Prices Regulation Act 1948 No 26 Property, Stock and Business Agents Act 2002 No 66 Registration of Interests in Goods Act 1986 No 37 Residential Parks Act 1998 No 142 Residential Tenancies Act 1987 No 26 Retirement Villages Act 1999 No 81 Strata Schemes Management Act 1996 No 138 Trade Measurement Act 1989 No 233 Trade Measurement Administration Act 1989 No 234 Travel Agents Act 1986 No 5 Valuers Act 2003 No 4 Valuers Registration Act 1975 No 92 Warehousemen's Liens Act 1935 No 19

MINISTER ASSISTING THE MINISTER FOR COMMERCE The Minister Assisting the Minister for Commerce has joint administration of the following Acts with the Minister for Industrial Relations Industrial Relations (Ethical Clothing Trades) Act 2001 No 128

MINISTER FOR JUSTICE Crimes (Administration of Sentences) Act 1999 No 93 International Transfer of Prisoners (New South Wales) Act 1997 No 144 Parole Orders (Transfer) Act 1983 No 190 Prisoners (Interstate Transfer) Act 1982 No 104

MINISTER ASSISTING THE PREMIER ON CITIZENSHIP Nil

MINISTER FOR GAMING AND RACING Australian Jockey Club Act 1873 Casino Control Act 1992 No 15 Charitable Fundraising Act 1991 No 69 Gambling (Two–up) Act 1998 No 115 Gaming Machine Tax Act 2001 No 72 Gaming Machines Act 2001 No 127 Greyhound Racing Act 2002 No 38 Harness Racing Act 2002 No 39 Hawkesbury Racecourse Act 1996 No 74 Innkeepers Act 1968 No 24 Liquor Act 1982 No 147 (except part, Attorney General) Liquor (Repeals and Savings) Act 1982 No 148 Lotteries and Art Unions Act 1901 No 34 New South Wales Lotteries Corporatisation Act 1996 No 85 Public Lotteries Act 1996 No 86 Racing Administration Act 1998 No 114 Racing Appeals Tribunal Act 1983 No 199 Registered Clubs Act 1976 No 31 Sydney Turf Club Act 1943 No 22 Thoroughbred Racing Board Act 1996 No 37

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Totalizator Act 1997 No 45 (except sections, Treasurer) Unlawful Gambling Act 1998 No 113 Wagga Wagga Racecourse Act 1993 No 109 (except sections, Minister for Natural Resources)

MINISTER FOR MINERAL RESOURCES Coal Acquisition Act 1981 No 109 Coal Mine Health and Safety Act 2002 No 129 Coal Mines Regulation Act 1982 No 67 Coal Ownership (Restitution) Act 1990 No 19 Mine Subsidence Compensation Act 1961 No 22 Mines Inspection Act 1901 No 75 Mining Act 1992 No 29 (except part, Attorney General) Occupational Health and Safety Act 2000 No 40, so far as it relates to mines within the meaning of the Mines Inspection Act 1901 and the Coal Mines Regulation Act 1982 (remainder, Minister for Commerce) Offshore Minerals Act 1999 No 42 Petroleum (Onshore) Act 1991 No 84 Petroleum (Submerged Lands) Act 1982 No 23 Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 No 194

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Proclamations

New South Wales

Proclamation

under the Crimes Legislation Amendment Act 2002

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Crimes Legislation Amendment Act 2002, do, by this my Proclamation, appoint 14 February 2004 as the day on which the uncommenced provisions of Schedule 9 to that Act commence. SignedSigned and sealed atat Sydney,Sydney, thisthis 11th day of Februaryday of 2004. 2004.

By Her Excellency’s Command,

L.S. BOB DEBUS, M.P., Attorney GeneralGeneral GOD SAVE THE QUEEN!

Explanatory note The object of this Proclamation is to commence amendments to the Mental Health (Criminal Procedure) Act 1990 that: (a) enable a person who breaches a condition of a discharge by a magistrate under section 32 of the Act to be brought back before the Magistrate, and (b) clarify the categories of persons that may be dealt with under section 32.

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New South Wales

Proclamation

under the Powers of Attorney Act 2003 No 53

MARIE BASHIR,, Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Powers of Attorney Act 2003, do, by this my Proclamation, appoint 16 February 2004 as the day on which that Act commences. SignedSigned and sealed atat Sydney,Sydney, thisthis 11th day of Februaryday of 2004. 2004.

By Her Excellency’s Command,

L.S. ANTHONY BERNARD KELLY, M.L.C., MinisterMinister Assisting the MinisterMinister forfor NaturalNatural Resources (Lands)(Lands) GOD SAVE THE QUEEN!

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New South Wales

Proclamation

under the Registered Clubs Amendment Act 2003 No 93

MARIE BASHIR, ,Governor Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Registered Clubs Amendment Act 2003, do, by this my Proclamation, appoint 13 February 2004 as the day on which the following provisions of that Act commence: (a) Schedule 1 [9] to the extent that it inserts Division 6 of Part 4A of the Registered Clubs Act 1976, (b) Schedule 1 [10] and [11]. SignedSigned and sealed atat Sydney,Sydney, thisthis 11th day of Februaryday of February 2004. 2004.

By Her Excellency’s Command,

L.S. GRANT McBRIDE, M.P., MinisterMinister forfor Gaming and RacingRacing GOD SAVE THE QUEEN!

Explanatory note The object of this Proclamation is to commence the provisions of the Registered Clubs Amendment Act 2003 that provide for inquiries in relation to registered clubs and the making of savings and transitional regulations.

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Regulations

New South Wales

Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004

under the Rail Safety Act 2002

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Rail Safety Act 2002.

MICHAEL COSTA, M.L.C., MinisterMinister for Transport ServicesServices Explanatory note The objects of this Regulation are to: (a) prohibit an authorised officer or police officer from requiring a railway employee to undergo a breath test, submit to an assessment or a breath analysis or provide a sample of blood or urine after the employee has ceased to be on duty on a particular day, other than in a case where the employee has been involved in an accident or irregular incident at work, and (b) reduce the required number of portions of a urine sample from 3 to 2 equal portions of the urine sample taken, and (c) explicitly provide for the role of authorised officers and police officers in requiring a sample of a railway employee’s urine to be taken and obtaining a sample of the urine. This Regulation is made under the Rail Safety Act 2002, including section 117 (the general regulation-making power) and Schedule 1.

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Clause 1 Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004

Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004 under the Rail Safety Act 2002

1 Name of Regulation This Regulation is the Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004.

2 Amendment of Rail Safety (Drug and Alcohol Testing) Regulation 2003 The Rail Safety (Drug and Alcohol Testing) Regulation 2003 is amended as set out in Schedule 1.

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Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004

Amendments Schedule 1

Schedule 1 Amendments (Clause 2) [1] Clause 15 Restrictions on requiring breath test, assessment, breath analysis or sample Insert after clause 15 (c): (ca) in the case of a person other than an employee who has been involved in an accident or irregular incident while carrying out railway safety work, after the employee has ceased to be on duty on a particular day, or [2] Clause 17 Action to be taken with respect to urine samples Insert “, authorised officer, police officer” before “or” where firstly occurring in clause 17 (1). [3] Clause 17 (1) (a) Omit the paragraph: Insert instead: (a) divide the sample into 2 approximately equal portions, and [4] Clause 17 (2) (a) Omit “by the medical practitioner, nurse or other person”. [5] Clause 17 Omit clause 17 (2) (b) and (c). Insert instead: (b) the other must be kept by the authorised officer or police officer present when the sample was taken, or who obtained the sample. [6] Clause 17 (3) Omit “The authorised officer or police officer to whom a sample of urine is handed”. Insert instead “The authorised officer or police officer who obtains a sealed container containing a sample of urine”.

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Rail Safety (Drug and Alcohol Testing) Amendment Regulation 2004

Schedule 1 Amendments

[7] Clause 17 (3) (a) Omit “being handed the sample, place the sample”. Insert instead “obtaining the container, place the container”.

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New South Wales

Powers of Attorney Regulation 2004

under the Powers of Attorney Act 2003

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Powers of Attorney Act 2003.

ANTHONY BERNARD KELLY, M.L.C., MinisterMinister AssistingAssisting the Minister forfor Natural Natural Resources Resources (Lands) (Lands) Explanatory note The object of this Regulation is to prescribe the classes of persons who may certify that a document is a true and complete copy of a power of attorney. This Regulation is made under the Powers of Attorney Act 2003, including sections 44 (1) (a) (ii) and 53 (the general regulation-making power). This Regulation comprises or relates to matters of a machinery nature.

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Powers of Attorney Regulation 2004

Contents Page 1 Name of Regulation 3 2 Commencement 3 3 Definitions 3 4 Certification of copy of power of attorney 3 Schedule 1 Persons who may endorse documents under section 44 of the Act 4

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Powers of Attorney Regulation 2004 Clause 1

Powers of Attorney Regulation 2004 under the Powers of Attorney Act 2003

1 Name of Regulation This Regulation is the Powers of Attorney Regulation 2004.

2 Commencement This Regulation commences on 16 February 2004.

3 Definitions In this Regulation: the Act means the Powers of Attorney Act 2003.

4 Certification of copy of power of attorney For the purposes of section 44 (1) (a) (ii) of the Act, the following classes of persons are prescribed: (a) in the case of any document endorsed within Australia, the classes of persons referred to in Part 1 of Schedule 1, (b) in the case of any document endorsed within a foreign country, the classes of persons referred to in Part 2 of Schedule 1.

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Powers of Attorney Regulation 2004

Schedule 1 Persons who may endorse documents under section 44 of the Act

Schedule 1 Persons who may endorse documents under section 44 of the Act (Clause 4)

Part 1 Persons that may endorse documents within Australia accountants bank managers barristers chancellors, deputy chancellors or deans of faculties of universities commissioned officers in the defence forces of the Commonwealth of Australia commissioners for taking affidavits dentists judges justices of the peace licensed conveyancers magistrates mayors or general managers of local government councils medical practitioners members of parliament of the Commonwealth or of any State or Territory members of the police force of the Commonwealth or of any State or Territory ministers of religion notaries public officers in charge of police stations pharmacists postal managers of post offices principals or deputy principals of schools or colleges registered surveyors

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Powers of Attorney Regulation 2004

Persons who may endorse documents under section 44 of the Act Schedule 1

registrars of Local Courts solicitors stockbrokers veterinary surgeons

Part 2 Persons that may endorse documents within a foreign country Australian or British Consular Officers exercising functions in the country where the document is executed or witnessed commissioned officers in the defence forces of the Commonwealth of Australia commissioners for taking affidavits judges justices of the peace legal practitioners magistrates mayors or general managers of local government corporations medical practitioners notaries public officers in charge of police stations

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New South Wales Road Transport (Safety and Traffic Management) (Road Rules) Amendment (University of Wollongong) Regulation 2004

under the Road Transport (Safety and Traffic Management) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Safety and Traffic Management) Act 1999.

CARL SCULLY, M.P., Minister forfor RoadsRoads Explanatory note The object of this Regulation is to prescribe the University of Wollongong as a declared organisation within the meaning of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 and to specify its area of operations. As a result, the University will be a parking authority within the meaning of that Regulation and will be empowered to establish and operate pay parking schemes (under Part 4 of that Regulation) and to issue parking permits (under Part 6 of that Regulation) in relation to its area of operations. This Regulation is made under the Road Transport (Safety and Traffic Management) Act 1999, including section 71 (the general regulation-making power) and clause 2 of Schedule 1.

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Road Transport (Safety and Traffic Management) (Road Rules) Clause 1 Amendment (University of Wollongong) Regulation 2004

Road Transport (Safety and Traffic Management) (Road Rules) Amendment (University of Wollongong) Regulation 2004 under the Road Transport (Safety and Traffic Management) Act 1999

1 Name of Regulation This Regulation is the Road Transport (Safety and Traffic Management) (Road Rules) Amendment (University of Wollongong) Regulation 2004.

2 Commencement This Regulation commences on 16 February 2004.

3 Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 The Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 is amended as set out in Schedule 1.

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Road Transport (Safety and Traffic Management) (Road Rules) Amendment (University of Wollongong) Regulation 2004

Amendment Schedule 1

Schedule 1 Amendment (Clause 3)

Schedule 3 Declared organisations Insert in alphabetical order of organisations:

University of University of Wollongong Main Campus bounded by the F6 Wollongong Freeway, Madoline Street up to the Botanic Gardens, the Botanic Gardens’ end of Northfields Avenue and Robsons Road.

University of Wollongong Campus East and Brandon Park bounded by Squires Way, Elliotts Road and Para Creek.

International House Student Residence bounded by the Sydney to Wollongong Rail Line, Hindmarsh Avenue and the Northern Distributor.

Weerona College Student Residence on the corner of Foleys Road and Throsby Drive backing on to the Wollongong Tennis Club’s tennis courts.

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Other Legislation

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following matter as a key threatening process under that Act and, accordingly, Schedule 3 to that Act is amended by inserting in alphabetical order: Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments (as described in the final determination of the Scientific Committee to list the key threatening process) Dated, this 23rd day of January 2004. 2004.

Associate Professor Paul Adam Chairperson of the Scientific Committee

Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.nationalparks.nsw.gov.au, (b) by contacting the Scientific Committee Support Unit, by post C/- Department of Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.

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NSW SCIENTIFIC COMMITTEE entanglements each year (Page et al. 2003). In Tasmanian waters between 1989 and 1993, 136 Australian Fur- Final Determination seals, A. pusillus, were observed with plastic neck THE Scientific Committee, established by the Threatened collars (Pemberton et al. 1992). Observations of Species Conservation Act, has made a Final Determination juvenile Australian Fur-seals on Montague Island to list the Entanglement in or ingestion of anthropogenic found entanglement around the neck by rope, strap or debris in marine and estuarine environments as a KEY portions of trawl net on seven occasions (Shaughnessy THREATENING PROCESS in Schedule 3 of the Act. et al. 2001). Listing of key threatening processes is provided for by Part 6. Records of injured and dead marine wildlife are kept by 2 of the Act. NSW National Parks & Wildlife Service (K. Waples, pers. The Scientific Committee has found that: comm.) and Taronga Zoo (L. Hall, pers. comm.). These databases show a wide variety of marine vertebrates 1. Anthropogenic debris in marine and estuarine are impacted by entanglement in line, the presence of environments (usually known as marine debris) is hooks in the mouth or gut, wounds caused by line or net defined as pollution by human-generated objects (Faris and gastric impaction by plastic bodies. A study of 173 and Hart 1996). Marine debris is mostly comprised of estuaries along the NSW coast found at least 10% of the fishing gear, packaging materials, convenience items Australian Pelican, Pelicanus conspicillatus, population and raw plastics (Pruter 1987). The major sources of to be suffering from entanglement by fishing line (L. marine debris are from ship waste, recreational activities, Ferris pers. comm.). Overseas studies show that most aquaculture industry and both urban and rural discharges albatross and giant-petrel species ingest plastic debris into rivers, estuaries and coastal areas (Faris and Hart and regurgitate it as food for their offspring (Fry et al. 1996, Frost and Cullen 1997, Herfort 1997). 1987, Ryan 1987, Sileo et al. 1990, Huin and Croxall 1996, Robertson 1998). 2. There is an increasing quantity of marine debris entering the marine environment every year (Laist 1987, Jones 7. Cases of entanglement with and ingestion of marine 1995). In particular, the use of plastics in the fishing debris have been recorded in the following species and industry has become more widespread in the last four populations that are threatened in NSW: decades and this has resulted in large quantities of debris Endangered Species entering marine and estuarine environments (Henderson Caretta caretta Loggerhead Turtle 2001). Diomedea exulans Wandering Albatross 3. Marine debris may be transported long distances by Macronectes giganteus Southern Giant-petrel oceanic currents and is concentrated at convergence fronts and in coastal waters (Shaw and Mapes 1979, Carr Vulnerable Species 1987). These marine areas are also highly productive Chelonia mydas Green Turtle ecosystems that support high densities of marine species Dermochelys coriacea Leathery Turtle and leads to their exposure to marine debris (Carr Diomedea gibsoni Gibson’s Albatross 1987). Diomedea melanophris Black-browed Albatross Arctocephalus pusillus Australian Fur-seal Marine debris is known to entangle and be ingested Arctocephalus forsteri New Zealand Fur-seal by marine, estuarine and pelagic vertebrate species. Megaptera novaeangliae Humpback Whale Entanglement and ingestion may occur either Physeter catadon Sperm Whale accidentally while feeding or scavenging, or deliberately if marine debris is mistaken for prey items (Laist 1987). Endangered Population It can also be regurgitated by adult birds as food for Little Penguin, Eudyptula minor, population in the hatchlings (Cooper 1995, Huin and Croxall 1996). Sub- Manly Point Area. lethal effects of entanglement or ingestion of marine debris may reduce an individual’s fitness and ability to 8. Entanglements with and ingestion of marine debris are successfully reproduce, catch prey and avoid predation likely to affect the following species that are threatened (Ryan 1990, Pemberton et al. 1992). in NSW:

4. Detrimental effects of entanglement with marine debris Endangered Species include strangulation, increased drag, lacerations, Sterna albifrons Little Tern infection and loss of limbs. Ingestion of marine debris Thinornis rubricollis Hooded Plover may lead to the blockage and/or perforation of an Dugong dugong Dugong individual’s digestive system (Prendergast and Johnson Balaenoptera musculus Blue Whale 1996), or potentially, poisoning by polychlorinated Vulnerable Species biphenyls (PCBs). High levels of PCBs can suppress Charadrius leschenaulti Greater Sand-plover an individual’s immunity or reproductive ability Charadrius mongolus Lesser Sand-plover (Hutchinson and Simmonds 1992), and amounts of Diomedea antipodensis Antipodean Albatross ingested plastic have been positively correlated with Diomedea cauta Shy Albatross levels of PCBs in seabirds (Ryan et al. 1988). Haematopus fuliginosus Sooty Oystercatcher Haematopus longirostris Pied Oystercatcher 5. Several studies have investigated the impact of marine Limosa limosa Black-tailed Godwit debris on seals in Australian waters. A study of the New Pandion haliaetus Osprey Zealand Fur-seal, Arctocephalus forsteri, population on Phoebetria fusca Sooty Albatross Kangaroo Island found 0.8% of the population suffers Eubalaena australis Southern Right Whale

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9. Entanglement with and ingestion of marine debris 9. Entanglement with and ingestion of marine debris could could cause the following species or populations that cause the following species or populations that are not are not threatened to become threatened in NSW: threatened to become threatened in NSW: Numenius madagascariensis Eastern Curlew Numenius madagascariensis Eastern Curlew Numenius phaeopus Whimbrel Numenius phaeopus Whimbrel Limosa lapponica Bar-tailed Godwit Limosa lapponica Bar-tailed Godwit Puffinus gavia Fluttering Shearwater Puffinus gavia Fluttering Shearwater 10. In view of the above the Scientific Committee is of the 10. In view of the above the Scientific Committee is of the opinion that Entanglement in or ingestion of anthropogenic opinion that Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments adversely debris in marine and estuarine environments adversely affects two or more threatened species or populations, or affects two or more threatened species or populations, or could cause species or populations that are not threatened could cause species or populations that are not threatened to become threatened. to become threatened. Associate Professor PAUL ADAM, Associate Professor PAUL ADAM, Chairperson Chairperson Scientific Committee Scientific Committee References: References: Carr A (1987) Impact of non-degradable marine debris on Carr A (1987) Impact of non-degradable marine debris on the ecology and survival outlook of sea turtles. Marine the ecology and survival outlook of sea turtles. Marine Pollution Bulletin 18, 352-356. Pollution Bulletin 18, 352-356. Cooper JM (1995) Fishing hooks associated with Cooper JM (1995) Fishing hooks associated with albatrosses at Bird Island, South Georgia, 1992/1993. albatrosses at Bird Island, South Georgia, 1992/1993. Marine Ornithology 23, 17-21. Marine Ornithology 23, 17-21. Faris J, Hart K (1996) Seas of Debris: A Summary of the Faris J, Hart K (1996) Seas of Debris: A Summary of the Third International Conference on Marine Debris. Third International Conference on Marine Debris. Miami, Florida, 8-13 May 1994. p54. National Miami, Florida, 8-13 May 1994. p54. National Oceanic and Atmospheric Administration, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Seattle. Marine Fisheries Service, Seattle. Frost A, Cullen M (1997) Marine debris on northern New Frost A, Cullen M (1997) Marine debris on northern New South Wales beaches (Australia): Sources and role of South Wales beaches (Australia): Sources and role of beach usage. Marine Pollution Bulletin 34, 348-352. beach usage. Marine Pollution Bulletin 34, 348-352. Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris by Laysan Albatrosses and Wedge-tailed Shearwaters by Laysan Albatrosses and Wedge-tailed Shearwaters in the Hawaiian Islands. Marine Pollution Bulletin 18, in the Hawaiian Islands. Marine Pollution Bulletin 18, 339-343. 339-343. Henderson JR (2001) A pre- and post-MARPOL Annex Henderson JR (2001) A pre- and post-MARPOL Annex V summary of Hawaiian monk seal entanglements V summary of Hawaiian monk seal entanglements and marine debris accumulation in the Northwestern and marine debris accumulation in the Northwestern Hawaiian Islands, 1982–1988. Marine Pollution Hawaiian Islands, 1982–1988. Marine Pollution Bulletin 42, 584–589. Bulletin 42, 584–589. Herfort A (1997) ‘Marine debris on beaches in New South Herfort A (1997) ‘Marine debris on beaches in New South Sterna albifrons Little Tern Sterna albifrons Little Tern Thinornis rubricollis Hooded Plover Thinornis rubricollis Hooded Plover Dugong dugong Dugong Dugong dugong Dugong Balaenoptera musculus Blue Whale Balaenoptera musculus Blue Whale Vulnerable Species Vulnerable Species Charadrius leschenaulti Greater Sand-plover Charadrius leschenaulti Greater Sand-plover Charadrius mongolus Lesser Sand-plover Charadrius mongolus Lesser Sand-plover Diomedea antipodensis Antipodean Albatross Diomedea antipodensis Antipodean Albatross Diomedea cauta Shy Albatross Diomedea cauta Shy Albatross Haematopus fuliginosus Sooty Oystercatcher Haematopus fuliginosus Sooty Oystercatcher Haematopus longirostris Pied Oystercatcher Haematopus longirostris Pied Oystercatcher Limosa limosa Black-tailed Godwit Limosa limosa Black-tailed Godwit Pandion haliaetus Osprey Pandion haliaetus Osprey Phoebetria fusca Sooty Albatross Phoebetria fusca Sooty Albatross Eubalaena australis Southern Right Whale Eubalaena australis Southern Right Whale

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9. Entanglement with and ingestion of marine debris could 9. Entanglement with and ingestion of marine debris could cause the following species or populations that are not cause the following species or populations that are not threatened to become threatened in NSW: threatened to become threatened in NSW:

Numenius madagascariensis Eastern Curlew Numenius madagascariensis Eastern Curlew Numenius phaeopus Whimbrel Numenius phaeopus Whimbrel Limosa lapponica Bar-tailed Godwit Limosa lapponica Bar-tailed Godwit Puffinus gavia Fluttering Shearwater Puffinus gavia Fluttering Shearwater

10. In view of the above the Scientific Committee is of the 10. In view of the above the Scientific Committee is of the opinion that Entanglement in or ingestion of anthropogenic opinion that Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments adversely debris in marine and estuarine environments adversely affects two or more threatened species or populations, or affects two or more threatened species or populations, or could cause species or populations that are not threatened could cause species or populations that are not threatened to become threatened. to become threatened.

Associate Professor PAUL ADAM, Associate Professor PAUL ADAM, Chairperson Chairperson Scientific Committee Scientific Committee References: References: Carr A (1987) Impact of non-degradable marine debris on Carr A (1987) Impact of non-degradable marine debris on the ecology and survival outlook of sea turtles. Marine the ecology and survival outlook of sea turtles. Marine Pollution Bulletin 18, 352-356. Pollution Bulletin 18, 352-356. Cooper JM (1995) Fishing hooks associated with Cooper JM (1995) Fishing hooks associated with albatrosses at Bird Island, South Georgia, 1992/1993. albatrosses at Bird Island, South Georgia, 1992/1993. Marine Ornithology 23, 17-21. Marine Ornithology 23, 17-21. Faris J, Hart K (1996) Seas of Debris: A Summary of the Faris J, Hart K (1996) Seas of Debris: A Summary of the Third International Conference on Marine Debris. Third International Conference on Marine Debris. Miami, Florida, 8-13 May 1994. p54. National Miami, Florida, 8-13 May 1994. p54. National Oceanic and Atmospheric Administration, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Seattle. Marine Fisheries Service, Seattle. Frost A, Cullen M (1997) Marine debris on northern New Frost A, Cullen M (1997) Marine debris on northern New South Wales beaches (Australia): Sources and role of South Wales beaches (Australia): Sources and role of beach usage. Marine Pollution Bulletin 34, 348-352. beach usage. Marine Pollution Bulletin 34, 348-352. Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris by Laysan Albatrosses and Wedge-tailed Shearwaters by Laysan Albatrosses and Wedge-tailed Shearwaters in the Hawaiian Islands. Marine Pollution Bulletin 18, in the Hawaiian Islands. Marine Pollution Bulletin 18, 339-343. 339-343. Henderson JR (2001) A pre- and post-MARPOL Annex Henderson JR (2001) A pre- and post-MARPOL Annex V summary of Hawaiian monk seal entanglements V summary of Hawaiian monk seal entanglements and marine debris accumulation in the Northwestern and marine debris accumulation in the Northwestern Hawaiian Islands, 1982–1988. Marine Pollution Hawaiian Islands, 1982–1988. Marine Pollution Bulletin 42, 584–589. Bulletin 42, 584–589. Herfort A (1997) ‘Marine debris on beaches in New South Herfort A (1997) ‘Marine debris on beaches in New South Wales with a special focus on fishing debris’. Ocean Watch Australia, Sydney. Sterna albifrons Little Tern Thinornis rubricollis Hooded Plover Huin N, Croxall JP (1996) Fishing gear, oil and marine Dugong dugong Dugong debris associated with seabirds at Bird Island South Balaenoptera musculus Blue Whale Georgia 1993/94. Marine Ornithology 24, 19-22. Hutchinson J, Simmonds M (1992) Escalation of threats to Vulnerable Species marine turtles, Oryx 26, 95-102. Charadrius leschenaulti Greater Sand-plover Charadrius mongolus Lesser Sand-plover Jones MM (1995) Fishing debris in the Australian marine Diomedea antipodensis Antipodean Albatross environment. Marine Pollution Bulletin 30, 25-33. Diomedea cauta Shy Albatross Laist DW (1987) Overview of the biological effects of lost Haematopus fuliginosus Sooty Oystercatcher and discarded plastic debris in the marine environment. Haematopus longirostris Pied Oystercatcher Marine Pollution Bulletin 18, 319-326. Limosa limosa Black-tailed Godwit Pandion haliaetus Osprey Page B, McKenzie J, McIntosh R, Baylis A, Morissey A, Phoebetria fusca Sooty Albatross Calvert N, Hasse T, Berris M, Dowie D, Shaughnessy Eubalaena australis Southern Right Whale PD, Goldsworthy SD (2003) A summary of Australian

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 630 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 631

sea lion and New Zealand fur seal entanglements in marine debris pre- and post-implementation of Australian Government fishery bycatch policies. The Australian Marine Sciences Association Annual Conference 2003, Brisbane, Queensland, 9 - 11th July 2003. Pemberton D, Brothers NP, Kirkwood R (1992) Entanglement of Australian Fur Seals in man-made debris in Tasmanian waters. Wildlife Research 19, 151-159. Prendergast R, Johnson S (1996) Plastic pollution and the Australian fur-seal (Arctocephalus pusillus doriferus): research and public education. In Proceedings of the ARAZPA/ASZK conference, Perth, Western Australia, April 1995. (Ed E. Read) pp. 148-155. (Perth Zoo, Perth) Pruter AT (1987) Sources, quantities and distribution of persistent plastics in the marine environment. Marine Pollution Bulletin 18, 305-310. Robertson CJR (1998) Factors influencing breeding performance of the Northern Royal Albatross. In ‘The Albatross: Biology and Conservation’. (Eds G Robertson and R Gales) pp. 99-104. (Surrey Beatty and Sons: Chipping Norton, NSW) Ryan PG (1987) The incidence and characteristics of plastic particles ingested by seabirds. Marine and Environmental Research 23, 175-206. Ryan PG (1990) The effects of ingested plastic and other marine debris on seabirds. pp. 623-634 In ‘Proceedings of the Second International Conference on Marine Debris’, (Eds RS Shomura and ML Godfrey), April 2-7, 1989. Honululu, Hawaii. U.S. Department of Commerce, NOAA Technical Memorandum. NMFS, NOAA-TM-NMFS-SWFC- 154. Ryan PG, Connell S, Gardner B (1988) Plastic ingestion and PCBs in seabirds: is there a relationship? Marine Pollution Bulletin 19, 174-176. Shaughnessy PD, Briggs SV, Constable R (2001) Observations on seals at Montague Island, New South Wales. Australian Mammalogy 23, 1-7. Shaw DG, Mapes GA (1979) Surface circulation and the distribution of pelagic tar and plastic. Marine Pollution Bulletin 10, 160-162. Sileo L, Sievert PR and Samuel MD (1990) Causes of mortality of albatross chicks at Midway Atoll. Journal of Wildlife Diseases 26, 329-338. Bibliography: Derraik JGB (2002) The pollution of the marine environment by plastic debris: a review. Marine Pollution Bulletin 44, 842–852.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 632 LEGISLATION 13 February 2004 13 February 2004 LEGISLATION 633

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following matter as a key threatening process under that Act and, accordingly, Schedule 3 to that Act is amended by inserting in alphabetical order: Introduction of the Large Earth Bumblebee Bombus terrestris (L.) Dated,Dated, this 23rd day of January 2004. 2004.

Associate Professor Paul Adam Chairperson of the Scientific Committee

Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.nationalparks.nsw.gov.au, (b) by contacting the Scientific Committee Support Unit, by post C/- Department of Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.

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New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following species as an endangered species under that Act and, accordingly, Schedule 1 to that Act is amended by inserting in Part 1 immediately before the heading “Coleoptera” (under the headings “Animals”, “Invertebrates”, “Arthropoda” and “Insecta”):

Blattodea

Blaberidae Panesthia lata Walker 1868 Lord Howe Island wood-feeding cockroach

Dated, this 23rd day ofof January 2004. 2004.

Associate Professor Paul Adam Chairperson of the Scientific Committee

Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.nationalparks.nsw.gov.au,

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Notice of Final Determination

(b) by contacting the Scientific Committee Support Unit, by post C/- Department of Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the National Parks Centre, 102 George St, The Rocks, Sydney.

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ERRATUM

THE Special Supplements dated from the 6 February 2004 Gazette No 25 to 11 February 2004 Gazette No 34 were issued with incorrect folios. They have now been republished with the correct folios.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 636 OFFICIAL NOTICES 13 February 2004 OFFICIAL NOTICES Appointments

FILM AND TELEVISION OFFICE ACT 1988 OMBUDSMAN ACT 1974 Appointment of Member Appointment of Acting Ombudsman Board of the New South Wales Film and Television Office HER Excellency the Governor and the Executive Council, HER Excellency the Governor, with the advice of the pursuant to section 7 of the Ombudsman Act 1974, Executive Council, has approved, pursuant to Section 6A has appointed Christopher Charles WHEELER, Acting of the Film and Television Office Act 1988, the following Ombudsman for the period 28 January 2004 to 13 February person being appointed as a member of the Board of the New 2004 inclusive, during the Ombudsman’s leave of absence. South Wales Film and Television Office from 23 February The Hon. ANDREW REFSHAUGE, M.P., 2004 to 31 December 2005: Acting Premier Troy LUM (new appointment).

BOB CARR, M.P., TECHNICAL AND FURTHER EDUCATION Premier COMMISSION ACT 1990 and Minister for the Arts Appointment Under Section 13 HER Excellency the Governor, with the advice of the Executive Council, pursuant to section 13(1) of the Technical OMBUDSMAN ACT 1974 and Further Education Commission Act 1990, has appointed Appointment of Acting Ombudsman the officer listed below to the position as specified: HER Excellency the Governor and the Executive Council, TAFE Commission pursuant to section 7 of the Ombudsman Act 1974, Andrew CAPPIE-WOOD, Managing Director [9 February has appointed Christopher Charles WHEELER, Acting 2004]. Ombudsman on 27 January 2004, during the Ombudsman’s The Hon. A. J. REFSHAUGE, M.P., leave of absence. Deputy Premier, The Hon. ANDREW REFSHAUGE, M.P., Minister for Education and Training ActingPremier and Minister for Aboriginal Affairs

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NSW Fisheries

F98/169 FISHERIES MANAGEMENT ACT 1994 Section 11 Notification – Fishing Closure Clarence River, its Lakes, Lagoons, Inlets, Channels, Creeks and Tributaries I, STEVE DUNN, amend the fishing closure notification “Clarence River, its lakes, lagoons, inlets, channels, creeks and tributaries” published in Government Gazette Number 14 of 17 January 2003, by replacing Schedule 8, Part B with the Schedule below. This amendment is effective from the date of publication. STEVE DUNN, Director-General, NSW Fisheries.

SCHEDULE 8 – PART B Clarence River – Traps

Column 1 Column 2 Methods Waters Fish traps prescribed by Clause 59 of the Regulation. The whole of the waters of the Clarence River together with all its lakes, lagoons, inlets, channels, creeks and tributaries from a line drawn from the downstream side of the most easterly opening in Middle Wall across to the western extremity of Moriartys Wall, then upstream to a wooden peg marked “FT1” located at the upstream end of the training wall which runs adjacent to the Spencer Street Boat ramp at Iluka, then westerly to the NSW Waterways Authority Lead beacon number 037 located adjacent to the south eastern extremity of Goodwood Island, then upstream to NSW Waterways Authority Lead beacon number 041, then in a line south westerly to the north western extremity of Freeburn Island, then downstream along the north eastern side of Freeburn Island and north eastern side of Middle Training Wall to the point of commencement. Time Period: Fish traps may be used from 1 May to 31 August each year.

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F99/98 FISHERIES MANAGEMENT ACT 1994 Section 11 Notification – Fishing Closure Lake Illawarra (including Macquarie Rivulet) I, STEVE DUNN, amend the fishing closure notification “Lake Illawarra (including Macquarie Rivulet)” published in Government Gazette Number 109 of 17 September 1999, by replacing Schedule 5 with the Schedule below. This amendment is effective from the date of publication. STEVE DUNN, Director-General, NSW Fisheries

SCHEDULE 5 Lake Illawarra -Hauling

Column 1 Column 2 Column 3 Methods Waters Period By means of all hauling nets where The whole of the waters of Lake From 1 March to 30 November in each the crew consists of fewer than three Illawarra, together with its creeks, year. (3) licensed fishers with the rivers and bays. exception of the prawn net hauling and hand hauled prawn net, as prescribed by Regulation.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 13 February 2004 OFFICIAL NOTICES 639 Department of Infrastructure, Planning and Natural Resources

Infrastructure and Planning

New South Wales

Blue Mountains Local Environmental Plan No 144

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P01/00422/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning(Planning Administration) Administration)

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Clause 1 Blue Mountains Local Environmental Plan No 144

Blue Mountains Local Environmental Plan No 144 under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Blue Mountains Local Environmental Plan No 144.

2 Aims of plan This plan aims: (a) to rezone the land to which this plan applies from Industrial General 4 (a) to Business General 3 (a) to permit appropriate land use opportunities, and (b) to promote urban forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements, and (c) to encourage a mix of land uses that support and contribute to the role of the Katoomba town centre, and (d) to promote the efficient operation of the Katoomba town centre as a transport interchange, and (e) to minimise conflicts between pedestrians and vehicles, and (f) to promote pedestrian linkages to the Yeaman Bridge and through the railway underpass, and (g) to maintain important views to the Katoomba town centre.

3 Land to which plan applies This plan applies to Lot 3, DP 705910, Lots 12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage to Goldsmith Place, Myra Place and the Great Western Highway, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 144” deposited in the office of the Council of the City of Blue Mountains.

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Blue Mountains Local Environmental Plan No 144 Clause 4

4 Amendment of Blue Mountains Local Environmental Plan No 4 Blue Mountains Local Environmental Plan No 4 is amended as set out in Schedule 1.

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Blue Mountains Local Environmental Plan No 144

Schedule 1 Amendments

Schedule 1 Amendments (Clause 4) [1] Clause 6 Interpretation Insert in appropriate order in the definition of the map in clause 6 (1): Blue Mountains Local Environmental Plan No 144 [2] Clause 69A Insert after clause 69:

69A Development on Katoomba Town Approach Precinct (1) This clause applies to land comprising Lot 3, DP 705910, Lots 12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage to Goldsmith Place, Myra Place and the Great Western Highway, Katoomba, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No 144” and referred to in this clause as the Katoomba Town Approach Precinct. (2) Notwithstanding any other provision of this plan, development for the purpose of the following is prohibited on the Katoomba Town Approach Precinct: bulk stores; district supermarkets; drive-in take-away food shops; fast food outlets; motor showrooms; service stations; warehouses. (3) Consent must not be granted to development on the Katoomba Town Approach Precinct unless the development proposed to be carried out: (a) complies, to the satisfaction of the consent authority, with the precinct objectives in achieving the precinct vision statement as identified in subclause (4), and (b) complies with the building envelope requirements as identified in subclause (5), and (c) is consistent, to the satisfaction of the consent authority, with the design considerations as identified in subclause (6).

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Blue Mountains Local Environmental Plan No 144

Amendments Schedule 1

(4) Desired future character statement: (a) Precinct vision statement. Located adjacent to the primary road and rail corridors, this precinct experiences substantial redevelopment of sites and operates as both a “gateway” and transport interchange for the Katoomba town centre. New development supports this gateway role by presenting urban design of the highest quality that contributes to a positive first experience of Katoomba. This, together with a mix of land uses that support the role of the town centre, entices passing traffic to enter the town. Trading over extended hours, development provides passive surveillance and improved public safety and amenity. The precinct’s interchange role is supported by providing additional car parking opportunities, coach parking and convenient pedestrian access to the town centre. While offering high levels of accessibility to both pedestrian and vehicles, potential conflicts between the two are minimised. (b) Precinct objectives. (i) To promote urban forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements. (ii) To encourage a mix of land uses that support and contribute to the role of the Katoomba town centre. (iii) To promote the economic viability of the Katoomba town centre. (iv) To minimise conflicts between pedestrians and vehicles. (v) To promote pedestrian linkages to the Yeaman Bridge and through the railway underpass. (vi) To maintain important views to the town centre of Katoomba.

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Blue Mountains Local Environmental Plan No 144

Schedule 1 Amendments

(5) Building envelope: (a) Building height. (i) No point of any building is to exceed a height of 12 metres above natural ground level other than a building within 15 metres of the Great Western Highway boundary which may have a height of not more than 12 metres above natural ground level or 8 metres above the level of the adjacent Great Western Highway footpath, whichever is the greater. (ii) Notwithstanding subparagraph (i), a building may have a height of not more than 10 metres above footpath level at the corner of the Great Western Highway and the Yeaman Bridge intersection if the building element, which may include floor space, is designed to form a “gateway/entry” to the Katoomba town centre. (iii) The height restrictions referred to in subparagraphs (i) and (ii) do not apply to architectural features incorporated into the building design. (b) Development density. (i) The maximum floor space ratio for development is 1.5:1. (ii) Notwithstanding subparagraph (i), the maximum floor space ratio for development is 2:1 if the development provides, where the site adjoins the Yeaman Bridge, a public pedestrian access between Goldsmith Place and the Bridge, and incorporates any one or more of the following to the satisfaction of the consent authority: (A) significantly enhanced public domain, (B) significantly enhanced pedestrian amenity, (C) public places and plazas. (6) Design considerations: (a) Active street frontages. (i) Active street frontages are to be provided along Goldsmith Place and the eastern boundary of the precinct.

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Blue Mountains Local Environmental Plan No 144

Amendments Schedule 1

(ii) Visible and interactive uses are to be provided and distributed regularly along a minimum of 65 per cent of the frontage of the land to Goldsmith Place. (iii) Development adjoining the eastern boundary is to enable casual surveillance of Myra Place. (b) Built form and finishes. (i) Long elevations of any building are to present varied heights and forms. (ii) Exterior surfaces of walls visible from public places are not to be left blank, unadorned or unarticulated. (iii) Roof forms are to conceal mechanical plant and equipment and present well when viewed from adjacent sites. (iv) Gateway or entry statements are to be provided at the corner and frontage of the Great Western Highway and the Yeaman Bridge. (v) All parking areas and delivery docks are to be concealed from public view. (c) Pedestrian amenity and safety. (i) Where a development site fronts or adjoins both the Yeaman Bridge and Goldsmith Place, public pedestrian access is to be provided between the two areas. (ii) Awnings or colonnades are to be provided to the entire length of public footpaths and pedestrian areas along the Goldsmith Place frontage. (iii) Pathways are to minimise conflicts between vehicles and pedestrians. (iv) Clear sight lines are to be provided along pedestrian areas. (v) Appropriate levels of lighting are to be provided to all pedestrian areas. All lightfittings are to have a form and character that is consistent with that of any building in the precinct that is adjacent to those areas.

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Blue Mountains Local Environmental Plan No 144

Schedule 1 Amendments

(d) Vehicular access. Vehicular access to or egress from the development is not to be provided directly to or from the Great Western Highway or the Yeaman Bridge. (7) In this clause: active street frontage means a street frontage with interactive spaces between the building frontage and adjacent footpaths, road reserves or other public spaces that: (a) provide interesting stimuli and activity for pedestrians to observe, thereby enhancing their experience of the village or town centre, or (b) enhance pedestrian safety and amenity through the provision of casual surveillance afforded by occupants. district supermarket means a building or place used for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise or material, with a gross floor area in excess of 1500 square metres. drive-in take-away food shop means a building or place used for the purpose of selling prepared food to the public for consumption off the premises and that provides a service to customers while they remain within a motor vehicle, but does not include a building or place elsewhere defined in this clause. fast food outlet means a building or place used for the purpose of selling prepared food in a form for immediate consumption where: (a) payment for the food is required before the food is consumed, and (b) the food is prepared and sold from a standard menu and in specialised packaging, whether or not facilities are provided for the food to be consumed on the premises or taken away.

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P:\ep\03\e03-062-06\p01\e03-062-06-p01SCH.fmNEW SOUTH WALES GOVERNMENT 4/9/03, 10:51 GAZETTE am No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 646 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 647

New South Wales

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (W99/00373/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-203-09\p01\e03-203-09-p01EXN.fmNEW SOUTH WALES GOVERNMENT 11/6/03, GAZETTE11:10 am No. 35 648 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 649

Clause 1 Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32).

2 Aims of plan This plan aims to permit, with the consent of Eurobodalla Shire Council, the carrying out of development for the purpose of the operation of a waste management facility on the land to which this plan applies.

3 Land to which plan applies This plan applies to part Lot 197, DP 752131, Brou Lake Road, Bodalla, Parish of Bodalla, as shown edged heavy black on the map marked “Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)” deposited in the office of Eurobodalla Shire Council.

4 Amendment of Eurobodalla Rural Local Environmental Plan 1987 Eurobodalla Rural Local Environmental Plan 1987 is amended as set out in Schedule 1.

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P:\ep\03\e03-203-09\p01\e03-203-09-p01BOD.fmNEW SOUTH WALES GOVERNMENT 11/6/03, GAZETTE11:10 am No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 648 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 649

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)

Amendments Schedule 1

Schedule 1 Amendments (Clause 4) [1] Clause 9 Interpretation Insert “or waste management facility” after “centre” in the definition of junk yard in clause 9 (1). [2] Clause 9 (1) Insert in alphabetical order: waste management facility means a place used by or on behalf of a public authority to store, treat, purify or dispose of waste or sort, process, recycle, recover, use or reuse material from waste, but does not include a waste collection centre or junk yard. [3] Clause 11 Zone objectives and development control table Insert “; waste management facilities” after “warehouses” in Item 4 (Prohibited) of the matter relating to Zone No 1 (c) (the Rural Small Holdings Zone) in the Table to the clause. [4] Schedule 4 Development for certain additional purposes Insert at the end of the Schedule: Part Lot 197, DP 752131, Brou Lake Road, Bodalla, Parish of Bodalla, as shown edged heavy black on the map marked “Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 32)”—waste management facility.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-203-09\p01\e03-203-09-p01SCH.fmNEW SOUTH WALES GOVERNMENT 11/6/03, GAZETTE11:10 am No. 35 650 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 651

New South Wales

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (W02/00094/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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P:\ep\03\e03-305-09\p01\e03-305-09-p01EXN.fmNEW SOUTH WALES GOVERNMENT 7/1/04, 01:17 GAZETTE pm No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 650 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 651

Clause 1 Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37).

2 Aims of plan (1) The aims of this plan are: (a) to permit, with the consent of Eurobodalla Shire Council, the subdivision of the land to which this plan applies into 4 allotments, and (b) to prohibit dual occupancy development on the lots so created. (2) The land is within Zone No 7 (f1) (the Environmental Protection (Coastal Lands Protection) Zone) under Eurobodalla Rural Local Environmental Plan 1987.

3 Land to which plan applies This plan applies to Lots 1 and 2, DP 875573, Myamba Parade, Surfside, Parish of East Nelligen, as shown edged heavy black on the map marked “Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)” deposited in the office of Eurobodalla Shire Council.

4 Amendment of Eurobodalla Rural Local Environmental Plan 1987 Eurobodalla Rural Local Environmental Plan 1987 is amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-305-09\p01\e03-305-09-p01BOD.fmNEW SOUTH WALES GOVERNMENT 4/9/03, 10:11 GAZETTE am No. 35 652 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 653

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)

Amendment Schedule 1

Schedule 1 Amendment (Clause 4)

Clause 30F Insert after clause 30E:

30F Development of certain land—Myamba Parade, Surfside (1) This clause applies to Lots 1 and 2, DP 875573, Myamba Parade, Surfside, Parish of East Nelligen, as shown edged heavy black on the map marked “Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 37)”. (2) Nothing in this plan prevents the Council from granting consent to the subdivision of the land to which this clause applies into a maximum of 4 lots. (3) Clause 16 does not apply to the lots so created.

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New South Wales

Manly Local Environmental Plan 1988 (Amendment No 61)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S02/02662/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-364-09\p01\e03-364-09-p01EXN.fmNEW SOUTH WALES GOVERNMENT 24/10/03, GAZETTE 04:21 pm No. 35 654 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 655

Clause 1 Manly Local Environmental Plan 1988 (Amendment No 61)

Manly Local Environmental Plan 1988 (Amendment No 61) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Manly Local Environmental Plan 1988 (Amendment No 61).

2 Aims of plan This plan aims to add the building on the land to which this plan applies as an item of the environmental heritage in Schedule 4 to Manly Local Environmental Plan 1988.

3 Land to which plan applies This plan applies to land known as Lot 2, DP 928178, being No 118 North Steyne, Manly, as shown coloured brown and edged heavy black on the map marked “Manly Local Environmental Plan 1988 (Amendment No 61)” deposited in the office of .

4 Amendment of Manly Local Environmental Plan 1988 Manly Local Environmental Plan 1988 is amended as set out in Schedule 1.

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P:\ep\03\e03-364-09\p01\e03-364-09-p01BOD.fmNEW SOUTH WALES GOVERNMENT 24/10/03, GAZETTE 04:21 pm No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 654 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 655

Manly Local Environmental Plan 1988 (Amendment No 61)

Amendments Schedule 1

Schedule 1 Amendments (Clause 4) [1] Clause 7 Interpretation Insert in appropriate order at the end of the definition of item of the environmental heritage in clause 7 (1): Manly Local Environmental Plan 1988 (Amendment No 61) [2] Schedule 4 Items of the environmental heritage Insert in alphabetical order of street name, and in appropriate order before any unnumbered entries for North Steyne, Manly, under the headings Architectural and Archaeological Items and (A) Alphabetical Entry by Street in the Schedule:

House 118 North Steyne, Manly (Lot 2, DP 928178)

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New South Wales

Moree Plains Local Environmental Plan 1995 (Amendment No 16)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S03/00198/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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P:\ep\03\e03-335-09\p01\e03-335-09-p01EXN.fmNEW SOUTH WALES GOVERNMENT 30/9/03, 03:41GAZETTE pm No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 656 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 657

Clause 1 Moree Plains Local Environmental Plan 1995 (Amendment No 16)

Moree Plains Local Environmental Plan 1995 (Amendment No 16) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Moree Plains Local Environmental Plan 1995 (Amendment No 16).

2 Aims of plan This plan aims to allow, with the consent of Moree Plains Shire Council, the carrying out of development on the land to which this plan applies (being land within Zone No 4 (Industrial) under Moree Plains Local Environmental Plan 1995) for the purpose of commercial premises.

3 Land to which plan applies This plan applies to Lots 13 and 14, DP 811932, 118 Gwydir Street, Moree.

4 Amendment of Moree Plains Local Environmental Plan 1995 Moree Plains Local Environmental Plan 1995 is amended by inserting at the end of Schedule 3 the following words: Lots 13 and 14, DP 811932, 118 Gwydir Street, Moree— commercial premises.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-335-09\p01\e03-335-09-p01BOD.fmNEW SOUTH WALES GOVERNMENT 30/9/03, GAZETTE03:40 pm No. 35 658 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 659

New South Wales

Wingecarribee Local Environmental Plan 1989 (Amendment No 119)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (Q03/00108/S69)

DIANE BEAMER, M.P., Minister Assisting thethe Minister Minister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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P:\ep\03\e03-359-31\p01\e03-359-31-p01EXN.fmNEW SOUTH WALES GOVERNMENT 12/1/04, 02:23GAZETTE pm No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 658 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 659

Clause 1 Wingecarribee Local Environmental Plan 1989 (Amendment No 119)

Wingecarribee Local Environmental Plan 1989 (Amendment No 119) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Wingecarribee Local Environmental Plan 1989 (Amendment No 119).

2 Aims of plan The aim of this plan is to permit, with the consent of Wingecarribee Shire Council, the operation of a child care centre on the land to which this plan applies.

3 Land to which plan applies This plan applies to part of Lot 1, DP 111722 and Lots 1–4, DP 587971, Bowral Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 119)” deposited in the office of Wingecarribee Shire Council.

4 Amendment of Wingecarribee Local Environmental Plan 1989 Wingecarribee Local Environmental Plan 1989 is amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 P:\ep\03\e03-359-31\p01\e03-359-31-p01BOD.fmNEW SOUTH WALES GOVERNMENT 9/12/03, GAZETTE04:34 pm No. 35 660 OFFICIAL NOTICES 13 February 2004

Wingecarribee Local Environmental Plan 1989 (Amendment No 119)

Amendment Schedule 1

Schedule 1 Amendment (Clause 4)

Schedule 5 Insert at the end of the Schedule: Part of Lot 1, DP 111722 and Lots 1–4, DP 587971, Bowral Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 119)”—child care centre.

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P:\ep\03\e03-359-31\p01\e03-359-31-p01SCH.fmNEW SOUTH WALES GOVERNMENT 9/12/03, 04:34GAZETTE pm No. 35 13 February 2004 OFFICIAL NOTICES 661 Natural Resources

WATER ACT 1912 to its confluence with the Wakool River between Lot 12, DP 756586, Parish of Toolon, County of Wakool and Lot 46, Order Under Section 20Y DP 756559, Parish of Mia Mia, County of Wakool, AMG THE Water Administration Ministerial Corporation is Zone 55, Easting 249775, Northing 6065333, Topographic satisfied that the water source in the Schedules hereunder Map AU7726. is unlikely to have more water available than is sufficient to meet the requirements of the persons already authorised by law to take water from the water source (and such other WATER ACT 1912 possible requirements for water from the water source as have been determined by the Corporation) and now declares that on Volumetric Water Allocation Scheme and from the date of publication of this notice no application Section 20Z of the Water Act 1912 may be made for entitlements to take and use water for any purpose other than: THE Department of Infrastructure, Planning and Natural Resources is satisfied that during the 2003/2004 water year, 1. Stock purposes (not associated with feed lots and the water sources of the Peel River catchment below Chaffey piggeries), domestic purposes, town or village supply Dam which are subject to a scheme pursuant to section 20X purposes. of the Water Act 1912, are unlikely to have sufficient water 2. Irrigation for experimental, research and/or teaching available to meet the requirements of persons authorised purposes. by law to take water from the water sources or to meet other requirements for water previously determined by the The Order published in Government Gazette No. 35 on Department. 9 March 1990, in respect of the River Murray System is amended to include the Schedules hereunder. Consequently, for that year, except as provided hereunder, all allocations under the Peel Water Allocation are reduced DAVID HARRISS, to 20% of their basic allocations. Regional Director, Water Administration Ministerial Corporation. This reduction shall take effect on and from 9 February 2004. This reduction does not apply to the allocations under SCHEDULE 1 entitlements for town water supply, stock, domestic, Murray River System industrial or recreation (other than recreation involving maintenance of golf fairways). Yallakool Creek from its effluence from the Edward River between Lot 90, DP 756259, Parish of Brassi, County of Signed for the Department of Infrastructure, Planning and Townsend and Lot 78, DP 756333, Parish of Tumudgery, Natural Resources. County of Townsend, AMG Zone 55 Easting 297623 Northing Dated: 9 February 2004. 6074855, Topographic Map AU7827 and its confluence with the Wakool River between Lot 12, DP 756532, Parish of RANDALL HART, Corry, County of Wakool and Lot 54, DP 756354, Parish of Regional Director, Yallakool, County of Wakool, AMG Zone 55 Easting 269395 Barwon Region. Northing 6068436, Topographic Map AU7727.

WATER ACT 1912 SCHEDULE 2 Order Under Section 113A Murray River System Revocation of Embargo on any Further Applications for Niemur River from its confluence with Colligen Creek Sub Surface Water Licences within Werai State Forest No: 384, north-east corner of Lot 3, Cudgegong Valley Groundwater Management Area 010 DP 756342, Easting: 275187, Northing: 6088770 AMG Zone (Zones 1 and 2) 55, Parish of Werai, County of Townsend, Topographic Map AU7827, to its confluence with the Wakool River, Easting: THE Water Administration Ministerial Corporation, hereby 753679, Northing 6105556, AMG Zone 54, in Lot 21, DP revokes the following embargo declared pursuant to section 756591, Parish of Wetuppa, and Lot 48, DP 756529, Parish 113A of the Water Act 1912: of Coobool, Topographic Map AU7627, both in County of Water Shortage Zones 1 and 2 of the Cudgegong Valley Wakool. GWMA, published in the Government Gazette (169) on 4 December 1998. SCHEDULE 3 Signed for the Water Administration Ministerial Corporation (by Delegation). Murray River System Dated this 5th day February 2004. Merribit Creek from its effluence from the Wakool River between Lot 143, DP 756515, Parish of Bookit, County of DON MARTIN, Wakool, and Lot 2, DP 589303, Parish of Mia Mia, County of Regional Director, Wakool, AMG Zone 55, Easting 258622, Northing 6061922, Central West Region. NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 662 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 663

WATER ACT 1912 Cudgegong Valley Groundwater Management Area

Order Under Section 113A

Embargo on any Further Applications for Sub Surface Water Licences

Cudgegong Valley Groundwater Management Area 010 (Zones 1 and 2)

THE Water Administration Ministerial Corporation, pursuant to section 113A of the Water Act 1912, being satisfied that the geological formations in the Water Shortage Zone described in the Schedule, are unlikely to have more water available than is sufficient to meet requirements of the licensees of bores situated within that Zone, and such other possible requirements from the Zone as are determined by the Ministerial Corporation, now declares that on and from the date of publication of this Order in the Government Gazette, no further applications for licences under Part 5 of the Water Act 1912, for bores accessing water from these formations, may be made except as specified below, until this Order is revoked by a subsequent Notice published in the Government Gazette. WATER ACT 1912

This Order relates to all applications for licences issued Notice Under Section 22B under Part 5 of the Water Act 1912, other than applications for licences for: THE subject notice cancels and replaces the notice published on 6 February 2004. 1. Water supply for private domestic purposes; 2. Water supply for stock purposes; THE Department of Infrastructure, Planning and Natural Resources pursuant to section 22B of the Water Act 1912, For the purpose of this Clause “stock” means stock of a being satisfied that the quantity of water available in the number not exceeding the number pastured ordinarily Boomi River, unregulated Barwon River and unregulated on the lands having regard to seasonal fluctuations in Darling River (Barwon/Darling River System) all upstream the carrying capacity of the land and not held in close of Lake Wetherall is insufficient to meet requirements with concentration for a purpose other than grazing. This excludes feedlots and piggeries, in particular; respect to the taking of water therefrom for water entitlements denoted as “B” and “C” class detailed hereunder, gives notice 3. Water supply for town or village water supply to all holders of permits, authorities and licences issued under purpose; Part 2 of the Water Act 1912, that all those water entitlements as mentioned above and held under the said part are restricted 4. Test bores drilled for the purposes of groundwater exploration or monitoring where there will be no as of midday, 17 January 2004 (“B” class) and midday, 28 extraction of groundwater and no allocation is January 2004 (“C” class). sought; Details of restrictions: 5. Bores on any property where there is an existing • “B” class – a total of 28 days within the flow conditions licence to which a water allocation (as defined in attaching to their entitlement as of midday, 17 January section 105 of the Water Act), applies and no increase 2004. in allocation is sought. • “C” class – a total of 21 days within the flow conditions Signed for the Water Administration Ministerial attaching to their entitlement provided that where Corporation (by Delegation). the same pump is used for both “B” and “C” class entitlements, the total allowable extraction is 28 days DON MARTIN, of which not more than 21 days shall be of “C” class Regional Director, entitlement. Separate “C” class works can extract water Central West Region. for a maximum of 21 days. All “C” class extraction commences as of midday, 28 January 2004. The subject restrictions apply until further notice. SCHEDULE GEOFF WISE, (a) This Order applies to all alluvial aquifers located within Regional Director, the hatched area of the diagram hereunder Far West Region.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 662 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 663

WATER ACT 1912 WATER ACT 1912 AN application under Part 2 of the Water Act 1912, being APPLICATIONS under Part 2 within a proclaimed (declared) within a proclaimed (declared) local area under section 5(4) local area under section 5(4) of the Water Act 1912. of the Act. An application for a licence under section 10 of Part 2 of Applications for a licence under section 10 for works the Water Act 1912, has been received as follows: within a proclaimed (declared) local area as generally described hereunder has been received from: Murray River Valley Brian Kenneth VIAL, Leigh Kenneth VIAL and Robin Murrumbidgee Valley Marie CRAWFORD for a pump on the Edward River on TARRABANDRA PASTORAL COMPANY PTY LTD Lot 71, DP 756553, Parish of Mallan, County of Wakool, for for a pump on the Tumut River, Lot 467, DP 757248, Parish irrigation (replacement licence due to permanent transfer) of South Gundagai, County of Wynyard, for irrigation of 10 (Reference: 50SL75612) (GA2:477292). hectares (pasture) (licence application as a result of a split Any enquiries regarding the above should be directed to of an existing licence – no increase in valley allocation) the undersigned (telephone: [03] 5881 9200). (Reference: 40SL70943). Written objections to the application specifying the Peter Edward LUDERS and Elizabeth Jane Digan grounds thereof may be made by any statutory authority or a LUDERS for a pump on the Tumut River, Lot 24, DP 872049, local occupier within the proclaimed area and must be lodged Parish of Tarrabandra, County of Wynyard, for irrigation at the Department’s Office at Deniliquin within twenty-eight of 10 hectares (pasture) (licence application as a result of a (28) days of the date of this publication. split of an existing licence – no increase in valley allocation) L. J. HOLDEN, (Reference: 40SL70943). Senior Natural Resource Officer, Any enquiries regarding the above should be directed to Murray Region. the undersigned (telephone: [02] 6953 0700). Department of Infrastructure, Planning and Formal objections to the application specifying the Natural Resources, grounds thereof, may be made by any statutory authority PO Box 205, Deniliquin, NSW 2710. or a local occupier within the proclaimed area and must be lodged with the Department’s Regional Director at Leeton within the twenty-eight (28) days as fixed by the Act. WATER ACT 1912 S. F. WEBB, AN application for a licence under Part 2 of the Water Act Resource Access Manager, 1912, being within a proclaimed (declared) local area under Murrumbidgee Region. section 5(4) of the Act. Department of Infrastructure, Planning and An application for an authority under section 20 of Part 2 Natural Resources, of the Water Act 1912, has been received as follows: PO Box 156, Leeton, NSW 2705. Lachlan River Valley Robert William SANSON and OTHERS for a pump WATER ACT 1912 and pipeline on Lachlan River, pump on Lot 15/752348, Parish of Trigalong, County of Dowling, pipeline on Lots NOTICE is given of the intention of the Water Administration 15, 14, 13 and 27, DP 752348, Parish of Trigalong, County Ministerial Corporation to sell water under section 20AO of of Dowling and Lots 33, DP 752348, Lots 32 and 33, DP the Water Act for a period of one year. 752327, Parish Gaugong, County of Dowling, Lots Pt16 and 19, DP 752359, Parish Yarrabundry, County of Dowling, for The Ministerial Corporation invites offers subject to water supply for domestic and stock purposes and to supply negotiations from any person in the Murray River Catchment stock and domestic water to the occupiers of Lots 11, 12, 13, to purchase any portion of 13,400 megalitres. 14, 27 and 38, DP 752348 and Lots 34, DP 752348, Lots 18 Sale will be available through the SRIDC/Murray and 19, DP 752360, Pt16 and 19, DP 752359 and Lots 33, Irrigation water exchange as of February 2004 and any DP 752348, Lots 17, 32 and Pt34, DP 752327, Lots 17 and enquires regarding the above should be directed to Belinda 18, DP752359 (new authority) (Reference: 70SA009611) Seymour, tel. (03) 5883 9353 or David Watts, tel. (03) 5881 (GA2:466302). 9321 or MIL Ltd. reception, tel. (03) 5881 9300. Written objections specifying grounds thereof, may be GA2:469506. made by any statutory authority or local occupier within the ANDREW CAPPIE-WOOD, proclaimed local area whose interests may be effected must A/Director General, be lodged with the Department within twenty-eight (28) days (by delegation). of the date of this publication as prescribed by the Act.

VIV RUSSELL, WATER ACT 1912 Resource Access Manager, Water Access. Notice Under Section 22B – Pumping Restrictions Bombowlee Creek Department of Infrastructure, Planning and Natural Resources, THE Water Administration Ministerial Corporation, pursuant PO Box 136, Forbes, NSW 2871, to section 22B of the Water Act 1912, being satisfied that the Telephone: (02) 6852 1222. quantity of water available or likely to be available in the NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 664 OFFICIAL NOTICES 13 February 2004

Bombowlee Creek is insufficient to meet all requirements irrigation of 40.0 hectares (improved pasture) (existing works with respect to the taking of water from the creek hereby – replacement licence – amendment to purpose – dam in gives notice to: excess of MHRDC – not subject to the Hawkesbury/Nepean Embargo) (Reference: 10SL55780) (GA2:462948). Holder of entitlements issued under Part 2 of the Water Act 1912, including those for stock and domestic Any inquiries regarding the above should be directed to water supply purposes AND all non licensed riparian the undersigned (telephone: 9895 7194). users. Written objections specifying grounds thereof must be That from Friday, 13 February 2004, until further notice, lodged with the Department within twenty-eight (28) days the taking of water from the Bombowlee Creek is restricted of the date of this publication as prescribed by the Act. as follows: WAYNE CONNERS, Pumping may only occur for internal household use. Natural Resource Project Officer, Any person who contravenes the restrictions imposed by Sydney/South Coast Region. this notice is guilty of an offence and is liable on conviction Department of Infrastructure, Planning and to a penalty not exceeding: Natural Resources, (a) where the offence was committed by a Corporation PO Box 3935, Parramatta, NSW 2124. $22,000: or in the case of a continuing offence to further penalty not exceeding $2,200 per day. WATER ACT 1912 (b) where the offence was committed by any other person $11,000: or in the case of a continuing offence to AN application under Part 2, being within a proclaimed further penalty not exceeding $1,100 per day. (declared) local area under section 20E(2) of the Water Act 1912, as amended. Dated this 13th February 2004. An application for an amended authority for works within W. FORD, a proclaimed local area as generally described hereunder has Deputy Regional Director, been received as follows: Murrumbidgee Region. Macintyre-Dumaresq River Valley SUNNYSIDE (MOREE) PTY LIMITED and Gregory WATER ACT 1912 John Arthur MORRIS (trading as JAGSAM PARTNERSHIP) APPLICATIONS for a licence under the section 10 of Part and the William John SEERY FAMILY PARTNERSHIP, for 2 of the Water Act 1912, as amended, has been received as two (2) diversion pipes on the Macintyre River (Boomi Weir follows: pool) and a diversion channel and two (2) mixed flow pumps on the Macintyre River on Lot 9, DP 750503 and Lot 18, DP AHGUNYAH PTY LIMITED for a pump on the 750503, Parish of Tycawina, County of Benarba, for water Wollondilly River on 41//999621 and on First Creek on supply for stock and domestic purposes and irrigation of 214//750042, all Parish of Pejar, all County of Argyle, for 2,818.50 hectares (cotton and rotational crops) (application the irrigation of 10.0 hectares (improved pasture) (section seeks to transfer permanently 16.5 hectares and 20.5 hectares 13AA application – part replacement licence – transfer respectively, of existing Dumaresq River entitlement – to of 18.0 megalitres from 10SL30086 – no increase in area combine and replace current Authority – 90SA11658) (LO – not subject to the 1995 Hawkesbury/Nepean Embargo) Papers: SA11712). (Reference: 10SL56348) (GA2:493223). Written objections to the application specifying the Diana Elaine MURRAY and John Malcolm MURRAY grounds thereof may be made by any statutory authority for an existing bywash dam and pump on an unnamed or local occupier within the proclaimed (declared) area, watercourse (2nd order stream), on 2//1034724, Parish of whose interest may be affected and must be lodged with the Rhyana, County of Argyle, for the conservation of water Department’s Manager, Resource Access, Tamworth, within and water supply for stock and domestic purposes (in twenty-eight (28) days as specified in the Act. excess of MHRDC – new licence – not subject to the 1995 Hawkesbury/Nepean Embargo) (Reference: 10SL56348) GEOFF CAMERON, (GA2:493224). Manager, Resource Access. OGNIS PTY LIMITED for an existing bywash dam on an unnamed watercourse (1st order stream), on 142// Department of Infrastructure, Planning and 755221, Parish of Cowan, County of Northumberland, for Natural Resources, conservation of water and water supply of stock purposes and PO Box 550, Tamworth, NSW 2340.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 13 February 2004 OFFICIAL NOTICES 665

Department of Lands

DUBBO OFFICE 142 Brisbane Street (PO Box 865), Dubbo, NSW 2830 Phone: (02) 6841 5200 Fax: (02) 6841 5231

REVOCATION OF RESERVATION OF CROWN SCHEDULE 1 LAND COLUMN 1 COLUMN 2 PURSUANT to section 90 of the Crown Lands Act 1989, Land District: Dubbo. The whole being Pt Lot 118, the reservation of Crown Land specified in Column 1 of Local Government Area: Dubbo DP No. 754328, Parish the Schedule hereunder, is revoked to the extent specified City Council. Terramungamine, County opposite thereto in Column 2 of the Schedule. Locality: Dubbo. Lincoln, of an area of 10.18 Reserve No.: 32723. hectares. TONY KELLY, M.L.C., Public Purpose: Camping. Minister Assisting the Minister for Notified 11 May 1901. Natural Resources (Lands) File No.: DB80 R 22/7. Note: To allow creation of reserves as per the SCHEDULE Terramungamine Deed of Agreement. COLUMN 1 COLUMN 2 Land District: Dunedoo. Part being Lot 1, DP 1061886, Local Government Area: Coolah. Parish of Merrygoen, County SCHEDULE 2 Parish: Merrygoen. of Napier, of an area of 671 COLUMN 1 COLUMN 2 County: Napier. hectares. Land District: Dubbo. The whole being Lot 135, Reserve No.: 94183. Local Government Area: Dubbo DP No. 754328 and Pt Lot Purpose: Future public City Council. 118, DP No. 754328, in the requirements. Locality: Dubbo. Parish Terramungamine, Notified: 16 January 1981. Reserve No.: 88958. County Lincoln, with a total File No.: DB99 H 115. Public Purpose: Public recreation. area of 6 hectares. Notified 20 July 1973. File No.: DB80 R 22/7. CROWN LANDS ACT 1989 Note: To allow creation of reserves as per the Repeal of Notice Terramungamine Deed of Agreement. IN pursuance of the provisions of section 43 of the Interpretation Act 1987, the notice under section 90 of the Crown Lands Act 1989, appearing in the Government Gazette RURAL LANDS PROTECTION ACT 1998 of 23 January 2004, at Folio 285, is hereby repealed. Repeal of Notice The notice referred to: IN pursuance of the provisions of section 43 of the (1) The revocation of Reserve No. 32723 for camping, Interpretation Act 1987, the notice under section 85 of pursuant to section 90 of the Crown Lands Act 1989; the Rural Lands Protection Act 1998, appearing in the and Government Gazette of 30 January 2004, at Folio 342, is (2) The revocation of Reserve No. 88958 for public hereby repealed: recreation, pursuant to section 90 of the Crown Lands Act 1989; and The notice referred to the placing of Reserve No. 1005228 for travelling stock, notified the same day, under the control of incorrectly stated that the revocations were to allow the Dubbo Rural Lands Protection Board pursuant to section creation of reserves as per the Terramungamine ILUA Deed 85 of the Rural Lands Protection Act 1998. of Agreement. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands) NOTICE PLACING RESERVE UNDER REVOCATION OF RESERVATION OF CROWN CONTROL OF RURAL LANDS PROTECTION LAND BOARD IN pursuance of the provisions of section 85, Rural Lands PURSUANT to section 90 of the Crown Lands Act 1989, Protection Act 1998, the reserve specified hereunder is placed the reservation of Crown Land specified in Column 1 of under the control of the Rural Lands Protection Board for the Schedules hereunder, is revoked to the extent specified the Rural Lands Protection District as from the date of this opposite thereto in Column 2 of the Schedules. notification. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands) NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 666 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 667

Description CROWN LANDS ACT 1989 Land District: Dubbo. Repeal of Notice Local Government Area: Dubbo City Council. IN pursuance of the provisions of section 43 of the Rural Lands Protection District: Dubbo. Interpretation Act 1987, the notice under section 95 of the Parish: Terramungamine. Crown Lands Act 1989, appearing in the Government Gazette of 30 January 2004, at Folio 342, is hereby repealed. County: Lincoln. The notice referred to: Reserve 1005228 for travelling stock, notified this day. (1) The appointment of a corporation to manage the File No.: DB80 R 22/7. affairs of Reserve No. 1005388 for public recreation and Preservation of Aboriginal Cultural Heritage, pursuant to section 95 of the Crown Lands Act 1989; CROWN LANDS ACT 1989 and Repeal of Notice (2) The appointment of a corporation to manage the IN pursuance of the provisions of section 43 of the affairs of Dedication No. 1004888 for Aboriginal Interpretation Act 1987, the notice under section 92(1) of Burial Ground, pursuant to section 95 of the Crown the Crown Lands Act 1989, appearing in the Government Lands Act 1989. Gazette of 30 January 2004, at Folios 342 and 343, is hereby repealed. TONY KELLY, M.L.C., Minister Assisting the Minister for The notice referred to: Natural Resources (Lands) (1) The establishment of Terramungamine Reserve Reserve Trust for Reserve No. 1005388 for public recreation and Preservation of Aboriginal Cultural APPOINTMENT OF CORPORATION TO Heritage, pursuant to section 92(1) of the Crown MANAGE RESERVE TRUST Lands Act 1989; and PURSUANT to section 95 of the Crown Lands Act 1989, (2) The establishment of Tubbagah Aboriginal Burial the corporation specified in Column 1 of the Schedules Ground Reserve Trust for Dedication No. 1004888 hereunder, is appointed to manage the affairs of the reserve for Aboriginal Burial Ground, pursuant to section trust specified opposite thereto in Column 2, which is trustee 92(1) of the Crown Lands Act 1989. of the reserve referred to in Column 3 of the Schedules. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands)

ESTABLISHMENT OF RESERVE TRUST SCHEDULE 1 PURSUANT to section 92(1) of the Crown Lands Act 1989, COLUMN 1 COLUMN 2 COLUMN 3 the reserve trust specified in Column 1 of the Schedules Dubbo City Council. Terramungamine Reserve No.: 1005388. hereunder, is established under the name stated in that Reserve Reserve Public Purpose: Public Column and is appointed as trustee of the reserve specified Trust. recreation and Preservation opposite thereto in Column 2 of the Schedules. of Aboriginal Cultural Heritage. TONY KELLY, M.L.C., Notified: This day. Minister Assisting the Minister for File No.: DB80 R 22/7. Natural Resources (Lands) For a term commencing the date of this notice.

SCHEDULE 1 SCHEDULE 2 COLUMN 1 COLUMN 2 COLUMN 1 COLUMN 2 COLUMN 3 Terramungamine Reserve Reserve No.: 1005388. Reserve Trust. Public Purpose: Public Dubbo City Council. Tubbagah Aboriginal Dedication No.: 1004888. Burial Ground Public Purpose: Aboriginal recreation and Preservation Reserve Trust. Burial Ground. of Aboriginal Cultural Notified: This day. Heritage. File No.: DB80 R 22/7. Notified: This day. File No.: DB80 R 22/7. For a term commencing the date of this notice.

SCHEDULE 2 CROWN LANDS ACT 1989 COLUMN 1 COLUMN 2 Repeal of Notice Tubbagah Aboriginal Burial Dedication No.: 1004888. Ground Reserve Trust. Public Purpose: Aboriginal IN pursuance of the provisions of section 43 of the Burial Ground. Interpretation Act 1987, the notice under section 80 of the Notified: This day. Crown Lands Act 1989, appearing in the Government Gazette File No.: DB80 R 22/7. of 30 January 2004, at Folio 343, is hereby repealed. NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 666 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 667

The notice referred to: The notice referred to: (1) The creation of Reserve No. 1004888 for Aboriginal (1) The creation of Reserve No. 1005228 for travelling Burial Ground, pursuant to section 80 of the Crown stock, pursuant to section 87 of the Crown Lands Act Lands Act 1989; and 1989; and (2) The creation of Reserve No. 1005388 for public (2) The creation of Reserve No. 1005388 for public recreation and Preservation of Aboriginal Cultural recreation and Preservation of Aboriginal Cultural Heritage, pursuant to section 87 of the Crown Lands Heritage, pursuant to section 80 of the Crown Lands Act 1989. Act 1989. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands) RESERVATION OF CROWN LAND DEDICATION OF CROWN LAND FOR A PURSUANT to section 87 of the Crown Lands Act 1989, PUBLIC PURPOSE the Crown Land specified in Column 1 of the Schedules hereunder, is reserved as specified opposite thereto in Column PURSUANT to section 80 of the Crown Lands Act 1989, 2 of the Schedules. the Crown Land specified in Column 1 of the Schedule TONY KELLY, M.L.C., hereunder, is dedicated as specified opposite thereto in Minister Assisting the Minister for Column 2 of the Schedule. Natural Resources (Lands) TONY KELLY, M.L.C., Minister Assisting the Minister for SCHEDULE 1 Natural Resources (Lands) COLUMN 1 COLUMN 2 Land District: Dubbo. Reserve No.: 1005228. Local Government Area: Dubbo Public Purpose: Travelling SCHEDULE City Council. stock. COLUMN 1 COLUMN 2 Locality: Terramungamine. Pt Lot 118, DP No. 754328, Land District: Dubbo. Dedication No.: 1004888. Parish Terramungamine, Local Government Area: Dubbo Public Purpose: Aboriginal County Lincoln, shown as City Council. Burial Ground. Lot 2 in the following diagram. Locality: Terramungamine. Area: 4.0 hectares. Parish: Terramungamine. File No.: DB80 R 22/7. County: Lincoln. Pt Lot 118, DP No. 754328, Parish Terramungamine, SCHEDULE 2 County Lincoln, shown as COLUMN 1 COLUMN 2 Lot 3 in the following diagram. Area: 5.5 hectares. Land District: Dubbo. Reserve No.: 1005388. File No.: DB80 R 22/7. Local Government Area: Dubbo Public Purpose: Public City Council. recreation and Preservation Locality: Terramungamine. of Aboriginal Cultural Lot 135, DP No. 754328, Heritage. Parish Terramungamine, County Lincoln and Pt Lot 118, DP No. 754328, Parish Terramungamine, County Lincoln, shown as Lot 1 in the following diagram. Area: 6.689 hectares. File No.: DB80 R 22/7.

CROWN LANDS ACT 1989 Repeal of Notice IN pursuance of the provisions of section 43 of the Interpretation Act 1987, the notice under section 87 of the Crown Lands Act 1989, appearing in the Government Gazette of 30 January 2004, at Folio 343, is hereby repealed.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 668 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 669

APPOINTMENT OF TRUST BOARD MEMBERS ORDER SPECIFYING ADDRESS FOR SERVICE OF NOTICES ON RESERVE TRUST PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the PURSUANT to the provisions of section 97 of the Crown Schedule hereunder, are appointed, for the terms of office Lands Act 1989, I order that the address for service of specified thereunder, as members of the trust board for the documents on the reserve trust specified in Column 1 of the reserve trust specified opposite thereto in Column 2, which Schedule hereunder, which is trustee of the reserve referred has been established and appointed as trustee of the reserve to opposite thereto in Column 2, as the address specified referred to opposite thereto in Column 3 of the Schedule. opposite the name of the reserve trust in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for TONY KELLY, M.L.C., Natural Resources (Lands) Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 SCHEDULE Randell James Globelands Public Reserve No.: 61234. COLUMN 1 COLUMN 2 COLUMN 3 POWELL Recreation Reserves Public Purpose: Public Windamere Reserve No.: 190112. C/- Mr Errol Grieve, (new member), Trust. recreation. Recreational Park Public Purpose: Chairman, Elizabeth POWELL Notified: 28 June 1929. Reserve Trust. Public recreation 87 Inglis Street, (new member), and environmental Mudgee, NSW 2850. Clifton Peter Reserve No.: 56902. protection. POWELL Public Purpose: Public Notified: 29 July 1994. (new member), recreation. File No.: DB00 R 12/1. Cyril James CAREY Notified: 14 March 1924. (new member). File No.: DB83 R 103/2. Term of Office For a term commencing this day and expiring 5 February 2009.

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 specified opposite thereto in Column 2, which is trustee of the reserve referred to in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 Windamere Windamere Reserve No.: 190112. Regional Shooting Recreational Park Public Purpose: Public Complex Inc. Reserve Trust. recreation and environmental protection. Notified: 29 July 1994. File No.: DB00 R 12/1. For a term commencing on 21 February 2004.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 668 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 669

FAR WEST REGIONAL OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo, NSW 2830 Phone: (02) 6883 3000 Fax: (02) 6883 3099

ESTABLISHMENT OF RESERVE TRUST 16/752988, 17/752988, 18/752988, 19/752988, 20/752988, 21/752988, 24/752988, 44/752988, 1666/763333, 2962/ PURSUANT to section 92(1) of the Crown Lands Act 1989, 765162, 6315/769203, 6316/769204 and 4858/769399 have the reserve trust specified in Column 1 of the Schedule been altered from “Grazing” to “Grazing and Cultivation” hereunder, is established under the name stated in that effective from 3 February 2004. Column and is appointed as trustee of the reserve specified opposite thereto in Column 2 of the Schedule. As a consequence of the alteration of purpose the conditions have been altered by the inclusion of the special TONY KELLY, M.L.C., conditions following. Minister Assisting the Minister for Special Conditions Attached to Western Lands Natural Resources (Lands) Lease 7618 1. The Lessee shall restrict cultivation to the 880 hectare SCHEDULE area shown hatched on the diagram below. Any proposed COLUMN 1 COLUMN 2 cultivation beyond those boundaries will require a review of environmental factors by the Department of Gol Gol Cemetery Reserve Trust. Dedication No.: 1005288. Public Purpose: General Infrastructure, Planning and Natural Resources. cemetery. Notified: 15 August 1879. File No.: WL88 R 119.

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 specified opposite thereto in Column 2, which is trustee of the reserve referred to in Column 3 of the Schedule. 2. The Lessee shall take any measures directed by the TONY KELLY, M.L.C., Commissioner to rectify or ameliorate any on or off site Minister Assisting the Minister for natural resource degradation associated with land use Natural Resources (Lands) on the lease. The Commissioner’s directions will only require the Lessee’s rectification to be commensurate with SCHEDULE the Lessee’s contribution to the degradation issue(s) in question. COLUMN 1 COLUMN 2 COLUMN 3 Wentworth Shire Gol Gol Cemetery Dedication No.: 1005288. 3. The Lessee shall ensure that all access tracks to the area Council. Reserve Trust. Public Purpose: General to be cultivated must be arranged in such a manner as to cemetery. minimise the disturbance of any land surface or native Notified: 15 August 1879. File No.: WL88 R 119 vegetation and ensure direct access through the area. For a term commencing this day. 4. Disposal of tailwater into creeks and rivers is controlled by the Protection of the Environment Operations Act 1997. Before disposing of any tailwater or water which may be ALTERATION OF PURPOSE OF A WESTERN contaminated with fertiliser, herbicide or pesticide the LANDS LEASE Environmental Protection Authority must be contacted. IT is hereby notified that in pursuance of the provisions 5. Aboriginal sites are protected under the National Parks of section 18J, Western Lands Act 1901, the purpose and and Wildlife Act 1974, and are extremely vulnerable conditions of the undermentioned Western Lands Lease has to may kinds of agricultural development. Should any been altered as shown. Aboriginal archaeological material be unearthed during cultivation operations, all work is to immediately stop CRAIG KNOWLES, M.P., and the National Parks and Wildlife Services are to be Minister for Infrastructure and Planning contacted. and Minister for Natural Resources 6. Stubble shall be retained on the soil surface and shall not be burnt, except with the approval of the Commissioner. Administrative District – Wentworth; Shire – Carrathool; Where such approval is granted and stubble burning is Parish – Gonowlia and Others; carried out, a six (6) metre fire-break must be prepared County – Franklin and Blaxland. around all the areas to be burnt. The purpose of Western Lands Lease 7618, being the 7. Livestock are to be excluded from cultivated fallows land contained within Folio Identifiers 1/752973, 5/752973, unless the Commissioner or the Rangeland Management 33/752973, 34/752973, 13/752988, 14/752988, 15/752988, Officer otherwise provide approval in writing. NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 670 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 671

8. The lessee(s) shall undertake any appropriate measures, part of the lease identified under the provisions of at his/her own expense, ordered by the Commissioner to the Soil Conservation Act 1938, as protected land rehabilitate any degraded cultivated areas. or as being environmentally sensitive. (b) The lessee shall ensure that any access tracks must be arranged in such a manner as to minimise the ALTERATION OF PURPOSE OF A WESTERN disturbance of any land surface. LANDS LEASE 4. The lessee shall not destroy populations of any IT is hereby notified that in pursuance of the provisions endangered or threatened species, damage the of section 18J, Western Lands Act 1901, the purpose and critical habitat of endangered species, populations conditions of the undermentioned Western Lands Lease have and ecological communities or damage the habitat been altered as shown. of any threatened species, populations or ecological communities scheduled in the Threatened Species CRAIG KNOWLES, M.P., Conservation Act 1995, on any part of the lease whilst Minister for Natural Resources using the land for the purpose of “farm tourism” and and Minister for Infrastructure Planning shall prevent any other person from doing the same. 5. The lessee shall ensure that any European heritage Administrative District – Walgett North; sites, artefacts, buildings or other areas of significance Shire – Brewarrina; Parish – Bragla and Others; will not be damaged, destroyed or defaced by either County – Narran. the lessee or other persons present on the leased land. The purpose of Western Lands Lease 7788 being the land contained within Folio Identifier 3929/766402 has been 6. The lessee shall ensure that any fuel management and/ altered from “Grazing” to “Grazing and Farm Tourism” or fire trail access should be undertaken in accordance effective from 2 February 2004. with fire mitigation measures to the satisfaction of the Bush Fire Authority. Annual rental and lease conditions remain unaltered as a 7. The lessee shall undertake any appropriate measures, at consequence of the change of purpose except for the addition his/her own expense as ordered by the Commissioner of the following special conditions: to rehabilitate any degraded or disturbed areas. 1. (a) Before using the lease area for farm tourism the 8. The lessee shall ensure that all traffic is contained to lessee shall take steps in the manner provided for the designated tracks in order to reduce the impact in paragraph (c) to identify any Aboriginal sites on soil and vegetation including potential wind and or relics located on that part of the lease area to water erosion on those tracks. be used for farm tourism. 9. The lessee shall not erect or permit any person to (b) Where the existence and location of any erect any buildings or extend any existing buildings Aboriginal site or relic is identified as a result of on the land leased except in accordance with plans and action taken under this condition or the existence specifications approved by the Council of the local of location of such a site or relic is otherwise Government area. within the knowledge of the lessee, the lessee shall ensure by taking such precautions as may be necessary that the site or relic is not interfered ALTERATION OF CONDITIONS OF A with, damaged, destroyed or defaced. WESTERN LANDS LEASE (c) The lessee shall consult with the local Aboriginal IT is hereby notified that in pursuance of the provisions of land council with a view to identifying and section 18J, Western Lands Act 1901, the conditions of the locating any Aboriginal site or relics on the lease undermentioned Western Lands Lease has been altered as area. shown. (d) The lessee shall be familiar with the provisions CRAIG JOHN KNOWLES, M.P., of the National Parks and Wildlife Act 1974, Minister for Infrastructure and Planning relating to the protection of, interference with or and Minister for Natural Resources the damaging or destruction of Aboriginal sites or relics. Administrative District and Shire – Wentworth; Parish – Mindewul; County – Wentworth. (e) If an Aboriginal site is discovered the lessee should contact the Manager, Cultural heritage The conditions of Western Lands Lease 3112 being the Unit, National Parks and Wildlife Service, land contained within Folio Identifier 1134/762469 have been Western Directorate, Dubbo. altered effective from 4 February 2004, by the inclusion of the special conditions following. The conservation area indicated 2. The lessee shall not in using the subject land for farm in the special conditions comprises 4933 hectares. tourism, observe, or allow any other person to observe, activities or cultural works of Aboriginal peoples or Special Conditions Attached to Western Lands Torres Straight Islanders. Lease 3112 3. (a) The lessee shall not use any vehicle for the purpose 1. The lessee shall erect and maintain a domestic stockproof of “farm tourism” (and shall take all reasonable standard fence surrounding the areas shown hatched on steps to prevent any other person from using any the diagram hereunder and ensure the areas remain vehicle for the purpose of “farm tourism”) on any ungrazed by both domestic stock and feral animals. NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 670 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 671

2. The lessee shall not clear any vegetation or remove any ALTERATION OF CONDITIONS OF A timber within the areas shown hatched on the diagram WESTERN LANDS LEASE hereunder unless written approval has been granted by IT is hereby notified that in pursuance of the provisions of either the Commissioner or the Minister. section 18J, Western Lands Act 1901, the conditions of the 3. The lessee shall manage the areas shown hatched on the undermentioned Western Lands Lease have been altered as diagram hereunder in accordance with best management shown. practices specified in the document known as “Southern CRAIG KNOWLES, M.P., Mallee Regional Guidelines for the Development of Land Minister for Infrastructure and Planning Use Agreements”. and Minister for Natural Resources 4. Special Condition 1 above shall be revoked, upon application by the lessee, in the event of the revocation of Cultivation Consent for any reason other than a breach Administrative District – Wilcannia; of Consent condition(s). Shire – Unincorporated Area; Parish – Kandie; County – Yungnulgra. The conditions of Western Lands Leases 336, 745, 6038 and 11094 being the land contained within Folio Identifiers 4540/767646, 4641/767805, 3551/765903 and 4482/767528, have been altered by the removal of the condition, “The lessee shall not obstruct or interfere with any reserves, roads or tracks or the lawful use thereof by any person.” and the inclusion of condition, “The lessee shall not obstruct or interfere with any reserves, Crown roads or the public access identified as MR 428, UR 15, UR 32, SR 6 or the lawful use thereof by any person.” effective from 28 January 2004. File No.: WLL 11094.

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GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton, NSW 2460 Phone: (02) 6640 2000 Fax: (02) 6640 2035

APPOINTMENT OF TRUST BOARD MEMBERS Term of Office PURSUANT to section 93 of the Crown Lands Act 1989, For a term commencing the date of this notice and expiring the persons whose names are specified in Column 1 of the 12 February 2009. Schedules hereunder, are appointed, for the terms of office specified thereunder, as members of the trust boards for the reserve trusts specified opposite thereto in Column 2, which SCHEDULE 4 have been established and appointed as trustee of the reserves COLUMN 1 COLUMN 2 COLUMN 3 referred to opposite thereto in Column 3 of the Schedules. Christopher John New Italy Reserve No.: 140090. TONY KELLY, M.L.C., MORGAN Community Public Purpose: Environmental Minister Assisting the Minister for (new member), (R140090) Reserve protection and community Pamela Joy KELLY Trust. purposes. Natural Resources (Lands) (new member). Notified: 22 September 1995. File No.: GF95 R 68.

SCHEDULE 1 Term of Office COLUMN 1 COLUMN 2 COLUMN 3 For a term commencing the date of this notice and expiring Denise Claire PAUL Eatonsville Public Dedication No.: 540072. 24 May 2006. (new member), Hall Trust. Public Purpose: Public hall. Allen PAUL Notified: 2 November 1956. (new member), File No.: GF80 R 258. NOTIFICATION OF CLOSING OF ROAD Suzanne Mary HOLMES IN pursuance of the provisions of the Roads Act 1993, the (new member), Ronald Joseph road hereunder described is closed and the land comprised HOLMES therein ceases to be a public road and the rights of passage (new member), and access the previously existed in relation to the road are Karen Irene CARR extinguished. On road closing, title to the land comprising (new member), the former public road vests in the body specified in the Raymond John AUSTEN Schedule hereunder. (new member), Isabel Melba TONY KELLY, M.L.C., AUSTEN Minister assisting the Minister for (new member). Natural Resources (Lands) Term of Office For a term commencing 1 March 2004 and expiring Description 28 February 2009. Land District – Lismore; L.G.A. – Lismore City Council. Roads Closed: Lot 1, DP 1058345 at Lismore, Parish SCHEDULE 2 Lismore, County Rous. COLUMN 1 COLUMN 2 COLUMN 3 Nicola MERCER Horseshoe Creek Reserve No.: 72303. File No.: GF02 H 244. (new member), Public Hall Reserve Public Purpose: Public hall. Schedule Jennifer Claire Trust. Notified: 6 June 1947. JAMES (new member), File No.: GF80 R 236. On closing, the land within Lot 1, DP 1058345, becomes Peter James FISH (new member). vested in Lismore City Council as operational land for the purposes of the Local Government Act 1993. Term of Office Councils Reference: LW:TMI:R6045. For a term commencing the date of this notice and expiring 15 November 2007. APPOINTMENT OF ADMINISTRATOR TO SCHEDULE 3 MANAGE A RESERVE TRUST COLUMN 1 COLUMN 2 COLUMN 3 PURSUANT to section 117, Crown Lands Act 1989, the Rex Francis GREEN Lower Southgate Reserve No.: 24140. persons specified in Column 1 of the Schedules hereunder, (re-appointment), Flood Refuge Public Purpose: Refuge in time are appointed as administrator for the term also specified Russell John Reserve Trust. of flood. thereunder, of the reserve trusts specified opposite thereto TANGYE Notified: 30 May 1896. in Column 2, which are trustee of the reserves referred to in (re-appointment), File No.: GF80 R 167. James Western Column 3 of the Schedules. CLARK (re-appointment), TONY KELLY, M.L.C., John David GOODIN Minister Assisting the Minister for (new member). Natural Resources (Lands) NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 672 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 673

SCHEDULE 1 Term of Office COLUMN 1 COLUMN 2 COLUMN 3 For a term commencing the date of this notice and expiring George Jess Yorklea Public Hall Dedication No.: 540087. WAGENER. Trust. Public Purpose: Public hall. 12 August 2004. Notified: 1 October 1954. File No.: GF81 R 260. Term of Office SCHEDULE 7 For a term commencing the date of this notice and expiring COLUMN 1 COLUMN 2 COLUMN 3 12 August 2004. Karen Gladys Old Bonalbo Reserve No.: 86567. HEMBROW. (R86567) Reserve Public Purpose: Public Trust. recreation. Notified: 22 December 1967. SCHEDULE 2 File No.: GF02 R 29. COLUMN 1 COLUMN 2 COLUMN 3 Nigel John Cudgen Lake Round Reserve No.: 83495. Term of Office GREENUP. Mountain Reserve Public Purpose: Public Trust. recreation. For a term commencing the date of this notice and expiring Notified: 6 October 1961. 12 August 2004. File No.: GF93 R 42. Term of Office SCHEDULE 8 For a term commencing the date of this notice and expiring 12 August 2004. COLUMN 1 COLUMN 2 COLUMN 3 Karen Gladys Bean Creek Falls Reserve No.: 86624. HEMBROW. (R86624) Reserve Public Purpose: Public SCHEDULE 3 Trust. recreation. Notified: 9 February 1968. COLUMN 1 COLUMN 2 COLUMN 3 File No.: GF02 R 29. Karen Gladys Cedar Point Reserve No.: 63033. HEMBROW. (R63033) Reserve Public Purpose: Public Term of Office Trust. recreation. Notified: 13 November 1931. For a term commencing the date of this notice and expiring File No.: GF02 R 29. 12 August 2004. Term of Office For a term commencing the date of this notice and expiring ROADS ACT 1993 12 August 2004. ORDER

SCHEDULE 4 Transfer of a Crown Road to a Council COLUMN 1 COLUMN 2 COLUMN 3 IN pursuance of the provisions of section 151of the Roads Nigel John Cudgen Lake Boy Reserve No.: 89580. Act 1993, the Crown public road specified in Schedule 1 is GREENUP. Scouts (R89580) Public Purpose: Boy Scouts. transferred to the Roads Authority specified in Schedule 2, Reserve Trust. Notified: 5 September 1975. File No.: GF87 R 30. hereunder, as from the date of publication of this notice and as from that date the road specified in Schedule 1 cease to Term of Office be a Crown public road. For a term commencing the date of this notice and expiring 12 August 2004. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands) SCHEDULE 5 COLUMN 1 COLUMN 2 COLUMN 3 Karen Gladys Kyogle (R87232) Reserve No.: 87232. SCHEDULE 1 HEMBROW. Reserve Trust. Public Purpose: Public recreation. The Crown public road 20.115 metres wide bounded by Notified: 20 June 1969. Lot 194, DP 751362, Lots 11 and 12, DP 856670, Council File No.: GF02 R 29. public road of variable width (Swanlea Street), Lots 71 Term of Office and 72, DP 1015589, Lot 44, DP 1034436, the southern prolongation of the eastern boundary of that lot, Lot 125, For a term commencing the date of this notice and expiring DP 751362 and the Pacific Highway, Parish Clarenza, County 12 August 2004. Clarence.

SCHEDULE 6 COLUMN 1 COLUMN 2 COLUMN 3 SCHEDULE 2 Karen Gladys Kyogle Recreation Reserve No.: 69556. Roads Authority: Grafton City Council. HEMBROW. Area (R69556) Public Purpose: Public Reserve Trust. recreation. File No.: GF03 H 431. Notified: 27 September 1940. File No.: GF02 R 29. Councils Reference: Consent S5/94.

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HAY OFFICE 126 Lachlan Street (PO Box 182), Hay, NSW 2711 Phone: (02) 6993 1306 Fax: (02) 6993 1135

APPOINTMENT OF TRUST BOARD MEMBERS PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the Schedule hereunder, are appointed, for the terms of office specified thereunder, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE COLUMN 1 COLUMN 2 COLUMN 3 Paul William Deniliquin Dedication No.: 550026. Andrew Racecourse Trust. Public Purpose: Racecourse MARSHALL and public recreation. (new member), Notified: 13 March 1877. Peter John ROE (new member), Dedication No.: 1000508. John Douglas Public Purpose: Racecourse MULHAM extension. (re-appointment), Notified: 10 September 1886. Robert William File No.: HY85 R 6. FARRELL (new member), James Scott McCULLOCH (re-appointment), Peter Julian JOSS (re-appointment), Allan John WALLGATE (new member), The person for the time being holding the office of THE President, Deniliquin Motor Cycle Club (ex-officio member), The person for the time being holding the office of Secretary, Deniliquin Clay Target Club (ex-officio member). Term of Office For a term commencing the date of this notice and expiring 20 August 2008.

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MAITLAND OFFICE Cnr Newcastle Road & Banks Street (PO Box 6), East Maitland, NSW 2323 Phone: (02) 4934 2280 Fax: (02) 4934 2252

APPOINTMENT OF TRUST BOARD MEMBERS ADDITION TO RESERVED CROWN LAND PURSUANT to section 93 of the Crown Lands Act 1989, PURSUANT to section 88 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the the Crown Land specified in Column 1 of the Schedule Schedule hereunder, are appointed, for the terms of office hereunder, is added to the reserved land specified opposite specified thereunder, as members of the trust board for the thereto in Column 2 of the Schedule. reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve TONY KELLY, M.L.C., referred to opposite thereto in Column 3 of the Schedule. Minister Assisting the Minister for Natural Resources (Lands) TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands) SCHEDULE COLUMN 1 COLUMN 2 SCHEDULE Land District: Gosford. Reserve No.: 78162. Local Government Area: Gosford Public Purpose: Public COLUMN 1 COLUMN 2 COLUMN 3 City Council. recreation addition. Brian Keith Newcastle- Reserve No.: 95624. Locality: Gosford. Notified: 16 December 1955. JONES Adamstown Racing Public Purpose: Non-Profit Lot Pt 7023, DP No. 755227#, Lot 7017, DP No. 755227#, (re-appointment), Pigeon Society Trust. making organisations. Parish Gosford, Parish Gosford, Stanley Gordon Notified: 16 October 1981. County Northumberland; County Northumberland; RIPPON File No.: MD83 R 41/1. Lot 7021, DP No. 1020205, Lot 7018, DP No. 755227#, (re-appointment), Parish Gosford, Parish Gosford, Leonard Placid JOHNSTON County Northumberland; County Northumberland; (re-appointment). Lot 375, DP No. 755227, Lot 7019, DP No. 755227#, Parish Gosford, Parish Gosford, Term of Office County Northumberland. County Northumberland; Area: 5994 square metres. Lot 7020, DP No. 755227#, For a term commencing this day and expiring 12 February File No.: MD80 R 7/1. Parish Gosford, 2009. County Northumberland; Lot 314, DP No. 755227, Parish Gosford, County Northumberland. New Area: 6.058 hectares. Note: Location of addition indicated by hatching on diagram hereunder. The effected parts of reserve 121 for public wharf, notified 26 September 1881 and reserve 92229 for future public requirements, notified 24 April 1980, are hereby automatically revoked. Disclaimer: # Please note that the above Lot numbers marked # are for Departmental use only.

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NOWRA OFFICE 5 O’Keefe Avenue (PO Box 309), Nowra, NSW 2541 Phone: (02) 4428 6900 Fax: (02) 4428 6988

APPOINTMENT OF TRUST BOARD MEMBERS SCHEDULE PURSUANT to section 93 of the Crown Lands Act 1989, COLUMN 1 COLUMN 2 COLUMN 3 the persons whose names are specified in Column 1 of the David Anthony Candelo Dedication No.: 580106. Schedule hereunder, are appointed, for the terms of office HEFFERNAN Showground Trust. Public Purpose: Showground. (re-appointment), Notified: 19 September 1884. specified thereunder, as members of the trust board for the Susan Catherine File No.: NA80 R 295/1. reserve trust specified opposite thereto in Column 2, which PFEIFFER has been established and appointed as trustee of the reserve (new member), referred to opposite thereto in Column 3 of the Schedule. Tabitha ZARINS (new member), TONY KELLY, M.L.C., Paul Francis Minister Assisting the Minister for SLATER (new member), Sue Anne Natural Resources (Lands) HEFFERNAN (new member), Terrence Andrew HEFFERNAN (new member), Athol William MOON (re-appointment). Term of Office For a term commencing this day and expiring 12 February 2009.

ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800 Phone: (02) 6393 4300 Fax: (02) 6362 3896

APPOINTMENT OF TRUST BOARD MEMBERS REVOCATION OF RESERVATION OF CROWN LAND PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specified in Column 1 of the PURSUANT to section 90 of the Crown Lands Act 1989, Schedule hereunder, are appointed, for the terms of office the reservation of Crown Land specified in Column 1 of specified thereunder, as members of the trust board for the the Schedule hereunder, is revoked to the extent specified reserve trust specified opposite thereto in Column 2, which opposite thereto in Column 2 of the Schedule. has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for TONY KELLY, M.L.C., Natural Resources (Lands) Minister Assisting the Minister for Natural Resources (Lands) SCHEDULE COLUMN 1 COLUMN 2 SCHEDULE Land District: Blayney. The whole being Lot 1, COLUMN 1 COLUMN 2 COLUMN 3 Local Government Area: Blayney DP No. 123347, Parish Vivianna Jane Panuara Recreation Reserve No.: 80860. Shire Council. Lyndhurst, County Bathurst, HAMILTON Reserve Trust. Public Purpose: Public Locality: Lyndhurst. of an area of 2.125 hectares. (re-appointment), recreation. Reserve No.: 84449. Emma STRATTON Notified: 18 July 1958. Public Purpose: Future public (new member), File No.: OE80 R 324/2. requirements. Edwina CROSSING (re-appointment), Notified: 24 May 1963. Rebecca Jane File No.: OE80 H 1896/1. WHITELEY (re-appointment). Term of Office For a term commencing 13 March 2004 and expiring 12 March 2009.

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SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150 (PO Box 3935), Parramatta, NSW 2124 Phone: (02) 9895 7657 Fax: (02) 9895 6227

APPOINTMENT OF ADMINISTRATOR TO NOTIFICATION OF CLOSING OF ROADS MANAGE A RESERVE TRUST IN pursuance of the provisions of the Roads Act 1993, the PURSUANT to section 117, Crown Lands Act 1989, the roads hereunder specified are closed and the roads cease to person specified in Column 1 of the Schedule hereunder, be public roads and the rights of passage and access that is appointed as administrator for the term also specified previously existed in relation to the roads are extinguished. thereunder, of the reserve trust specified opposite thereto TONY KELLY, M.L.C., in Column 2, which is trustee of the reserve referred to in Minister Assisting the Minister for Column 3 of the Schedule. Natural Resources (Lands) TONY KELLY, M.L.C., Minister Assisting the Minister for Descriptions Natural Resources (Lands) Land District – Metropolitan; L.G.A – Ku-ring-gai. Lot 20, DP 1062799 at Wahroonga, Parish Gordon, County Cumberland. SCHEDULE File No.: MN03 H 137. COLUMN 1 COLUMN 2 COLUMN 3 Note: On closing, title for the land in Lot 20 remains vested Peter William Wentworth Park Public Park No.: 500010. in Ku-ring-gai Council as operational land. MANN. Sporting Complex Public Purpose: Public park. Trust. Notified: 10 November 1885. File No.: MN80 R 279/12. Land District – Metropolitan; L.G.A. – Leichhardt Council. Term of Office Lot 1, DP 1049054 at Balmain, Parish Petersham (Sheet 2), County Cumberland. For a term commencing 19 February 2004 and expiring File No.: MN02 H 62. 18 August 2004. Notes: 1] On closing, title for the land in Lot 1 remains vested in Leichhardt Council as operational land. 2] The road is closed subject to the easement for NOTIFICATION OF VESTING OF LANDS electricity purposes as shown in DP 1049054. UNDER THE CROWN LANDS ACT 1989 ROADS ACT 1993 IN pursuance of the provisions of section 76 of the Crown Lands Act 1989, I, TONY KELLY, M.L.C., Minister ORDER Assisting the Minister for Natural Resources (Lands), do Transfer of a Crown Road to Council by this notification, vest the estate in fee simple of the lands IN pursuance of the provisions of section 151, Roads Act described in the Schedule hereto as Community land, in the 1993, the Crown road specified in Schedule 1 is transferred Randwick City Council subject to the reservation to the to the Roads Authority specified in Schedule 2, hereunder, Crown of all minerals which said land contain. as from the date of publication of this notice and as from This vesting shall take effect on and from the date of that date the road specified in Schedule 1 ceases to be a Crown road. publication of this notification. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands) SCHEDULE 1 Land District – Penrith; Local Government Area – Penrith; SCHEDULE Parish – Melville; County – Cumberland. Land District – Metropolitan; City – Randwick; The part of Lenore Lane, Erskine Park extending easterly Parish – Alexandria; County – Cumberland. from Erskine Park Road to the western most north western corner of Lot 9, DP 253678. 183 square metres comprising Lot 1496 in DP 752011, located at Coogee (R82568 for Senior Citizen’s Centre, notified 20 May 1960, is hereby revoked by this SCHEDULE 2 notification). Roads Authority: Penrith City Council. File No.: MN98 R 37. File No.: MN03 H 165.

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TAREE OFFICE 98 Victoria Street (PO Box 440), Taree, NSW 2430 Phone: (02) 6552 2788 Fax: (02) 6552 2816

ASSIGNMENT OF NAME TO A RESERVE Representations are invited from the public on the draft TRUST assessment. These may be made in writing for a period commencing from 6 February 2004 to 6 March 2004 and PURSUANT to Clause 4(3) of Schedule 8 to the Crown Lands should be sent to the Manager, Mid North Coast, Department Act 1989, the name specified in Column 1 of the Schedule of Lands, PO Box 440, Taree 2430. Telephone enquiries hereunder, is assigned to the reserve trust constituted as should be directed to the Taree Office on (02) 6552 2788. trustee of the reserve specified opposite thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., Minister Assisting the Minister for TONY KELLY, M.L.C., Natural Resources (Lands) Minister Assisting the Minister for Natural Resources (Lands)

Description SCHEDULE About 100 square metres of vacant Crown Land being part COLUMN 1 COLUMN 2 of the bed of the Hastings River, fronting Lot 4, DP 775534, Bulahdelah Showground Reserve Reserve No.: 55102. Rawdon Island, Parish Redbank, County Macquarie. (R55102) Trust. Public Purpose: Public recreation and showground. Reason: Consideration of application for licence for Notified: 13 January 1922. domestic jetty/pontoon and boat ramp fronting freehold Parish: Bulahdelah. land. County: Gloucester. File No.: TE80 R 308. Contact Officer: Mr Bob Birse. File No.: TE01 H 16.

NOTIFICATION OF CLOSING OF ROADS

IN pursuance of the provisions of the Roads Act 1993, the Description roads hereunder described are closed and the lands comprised therein cease to be public roads and the rights of passage About 0.96 hectares of vacant Crown Land between and access that previously existed in relation to the roads MHWM of the Hastings River and Lots 1 to 5, section 18, are extinguished. Village of Sancrox, Parish Macquarie, County Macquarie. TONY KELLY, M.L.C., Reason: Consideration of appropriate future land use and Minister Assisting the Minister for land management options. Natural Resources (Lands) Contact Officer: Mr Bob Birse. (File No.: TE03 H 5. Description Parish – Coweambah; County – Gloucester; Local Government Area – Great Lakes. DRAFT ASSESSMENT OF LAND UNDER PART 3 OF Roads being Lots 132 and 133, DP 1056772 at Tea THE CROWN LANDS ACT 1989 AND CROWN Gardens. LANDS REGULATION 2000 File No.: TE03 H 46. THE Minister Assisting the Minister for Natural Resources (Lands) has prepared a draft land assessment for the Crown Note: On closing, the land within the former road remains Land described hereunder. vested in Great Lakes Shire Council as operational land. Inspection of this draft assessment can be made at the Department of Lands, 98 Victoria Street, Taree and at the Offices of Great Lakes Shire Council during normal business DRAFT ASSESSMENT OF LAND UNDER PART 3 OF hours. THE CROWN LANDS ACT 1989 AND CROWN Representations are invited from the public on the draft LANDS REGULATION 2000 assessment. These may be made in writing for a period THE Minister Assisting the Minister for Natural Resources commencing from 6 February 2004 to 6 March 2004 and (Lands) has prepared a draft land assessment for the Crown should be sent to the Manager, Mid North Coast, Department Lands described hereunder. of Lands, PO Box 440, Taree 2430. Telephone enquiries should be directed to the Taree Office on (02) 6552 2788. Inspection of this draft assessment can be made at the Department of Lands, 98 Victoria Street, Taree and at the TONY KELLY, M.L.C., Offices of Council during normal business Minister Assisting the Minister for hours. Natural Resources (Lands) NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 678 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 679

Description SCHEDULE

About 0.94 hectares of vacant Crown Land being Lots 1, COLUMN 1 COLUMN 2 2, 19 and 20, section 12, DP 758177 at Bulahdelah, Parish Land District: Gloucester. Reserve No.: 1010008. Bulahdelah, County Gloucester. Local Government Area: Public Purpose: Reason: Consideration of appropriate future land use and Council. Environmental protection land management options. Locality: Barrington. and public recreation. Contact Officer: Mr Bob Birse. Lot 7008, DP 1026345. Parish: Verulam. File No.: TE89 H 364. County: Gloucester. Area: 2100 square metres. File No.: TE04 R 5. REVOCATION OF RESERVATION OF CROWN LAND PURSUANT to section 90 of the Crown Lands Act 1989, the reservation of Crown Land specified in Column 1 of ESTABLISHMENT OF RESERVE TRUST the Schedule hereunder, is revoked to the extent specified opposite thereto in Column 2 of the Schedule. PURSUANT to section 92(1) of the Crown Lands Act 1989, TONY KELLY, M.L.C., the reserve trust specified in Column 1 of the Schedule Minister Assisting the Minister for hereunder, is established under the name stated in that Natural Resources (Lands) Column and is appointed as trustee of the reserve specified opposite thereto in Column 2 of the Schedule. SCHEDULE COLUMN 1 COLUMN 2 TONY KELLY, M.L.C., Land District: Gloucester. The whole being Lot 7008, Minister Assisting the Minister for Local Government Area: DP 1026345, Parish Verulam, Natural Resources (Lands) Gloucester Shire Council. County Gloucester, area 2100 Locality: Barrington. square metres. Reserve No.: 210097. Public Purpose: Environmental SCHEDULE protection . COLUMN1 COLUMN 2 Notified: 30 December 1994. File No.: TE90 H 204. Barrington Reserve Reserve No.: 1010008. (R101008) Trust. Public Purpose: Environmental protection and public recreation. DISSOLUTION OF RESERVE TRUST Notified: This day. PURSUANT to section 92(3) of the Crown Lands Act 1989, File No.: TE04 R 5. the reserve trust specified in Column 1 of the Schedule hereunder, which was established in respect of the reserve specified opposite thereto in Column 2 of the Schedule, is dissolved. APPOINTMENT OF CORPORATION TO TONY KELLY, M.L.C., MANAGE RESERVE TRUST Minister Assisting the Minister for Natural Resources (Lands) PURSUANT to section 95 of the Crown Lands Act 1989, the corporation specified in Column 1 of the Schedule SCHEDULE hereunder, is appointed to manage the affairs of the reserve COLUMN 1 COLUMN 2 trust specified opposite thereto in Column 2, which is trustee The Council of Gloucester Reserve No.: 210097. of the reserve referred to in Column 3 of the Schedule. (R210097) Reserve Trust. Public Purpose: Environmental protection. TONY KELLY, M.L.C., Notified: 30 December 1994. Minister Assisting the Minister for File No.: TE90 H 204. Natural Resources (Lands)

RESERVATION OF CROWN LAND SCHEDULE PURSUANT to section 87 of the Crown Lands Act 1989, the Crown Land specified in Column 1 of the Schedule COLUMN 1 COLUMN 2 COLUMN 3 hereunder, is reserved as specified opposite thereto in Column Gloucester Shire Barrington Reserve Reserve No.: 1010008. 2 of the Schedule. Council. (R1010008) Trust. Public Purpose : Environmental protection TONY KELLY, M.L.C., and public recreation. Minister Assisting the Minister for Notified: This day Natural Resources (Lands) File No.: TE04 R 5.

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Department of Mineral Resources

NOTICE is given that the following applications have been NOTICE is given that the following applications have been received: withdrawn: EXPLORATION LICENCE APPLICATIONS EXPLORATION LICENCE APPLICATION (C04-0075) (T03-0987) No. 2282, AMCI AUSTRALIA PTY LTD (ACN 062 536 No. 2245, BARRICK GOLD OF AUSTRALIA LIMITED 270), area of 113.4 square kilometres, for Group 9, dated (ACN 008 143 137), County of Clyde and County of Cowper, 30 January 2004. (Armidale Mining Division). Map Sheet (8237). Withdrawal took effect on 4 February 2004. (T04-0019) No. 2283, COMET RESOURCES LIMITED (ACN 060 KERRY HICKEY, M.P., 628 202), area of 100 units, for Group 1, dated 2 February Minister for Mineral Resources 2004. (Orange Mining Division). (T04-0020) REFUSAL OF APPLICATION FOR RENEWAL No. 2284, RIMFIRE PACIFIC MINING NL (ACN 006 NOTICE is given that the application for renewal in respect 911 744), area of 21 units, for Group 1, dated 4 February of the following authority has been refused: 2004. (Orange Mining Division). (T01-0134) (T04-0021) Exploration Licence No. 5911, GREENSHIRE PTY No. 2285, FAR EAST CAPITAL LIMITED (ACN 068 LIMITED (ACN 006 790 325), County of Yancowinna, 838 193), area of 131 units, for Group 1, dated 4 February Map Sheet (7134), area of 18 units. The authority ceased to 2004. (Sydney Mining Division). have effect on 6 February 2004. (T04-0022) KERRY HICKEY, M.P., No. 2286, CULLEN EXPLORATION PTY LIMITED Minister for Mineral Resources (ACN 077 371 165), area of 48 units, for Group 1, dated 5 February 2004. (Orange Mining Division). PART CANCELLATIONS (T04-0023) No. 2287, AUZEX RESOURCES PTY LIMITED (ACN NOTICE is given that the following authorities have been 106 444 606), area of 100 units, for Group 1, dated 5 February cancelled in part: 2004. (Inverell Mining Division). (T97-1200) KERRY HICKEY, M.P., Exploration Licence No. 5362, MURRAY BASIN Minister for Mineral Resources TITANIUM PTY LTD (ACN 082 497 827), County of Perry and County of Wentworth, Map Sheets (7430, 7431 and 7531). NOTICE is given that the following applications have been Description of area cancelled: granted: Map Sheet Block Units EXPLORATION LICENCE APPLICATIONS Adelaide 1071 (T03-0842) Adelaide 1072 No. 2166, now Exploration Licence No. 6186, GOLDEN DRAGON RESOURCES PTY LTD (ACN 106 269 738), Adelaide 1352 abcdefghijklmnojprstuvwxy County of Narromine, Map Sheets (8532 and 8533), area Adelaide 1423 abcdefghijklmnojpqrstuwx of 92 units, for Group 1, dated 28 January 2004, for a term Adelaide 1424 abcdef until 27 January 2006. Adelaide 1495 abcdefghijklmnopqrtu (T03-0857) Adelaide 1496 abcdefghijklmnojqrstuvw No. 2178, now Exploration Licence No. 6185, Adelaide 1568 SAVANNAH RESOURCES PTY LTD (ACN 096 358 Adelaide 1641 735), County of Wellington, Map Sheet (8732), area of 62 Adelaide 1281 abcdefghijklmnopqr units, for Group 1, dated 23 January 2004, for a term until 22 January 2006. Adelaide 1570 abcdefghijklmnopqrstuvwxyz Adelaide 1642 abcdefghijklmno (T03-0872) Adelaide 1499 abcdefghijklmnopqrstuvw No. 2191, now Exploration Licence No. 6187, MUDGEE STONE CO. PTY LIMITED (ACN 100 974 365), County Adelaide 1427 abcdefghijklmnopqrstu of Wellington, Map Sheet (8832), area of 2 units, for Group Adelaide 1571 abcdefghijkl 2, dated 28 January 2004, for a term until 27 January 2006. Adelaide 1142 KERRY HICKEY, M.P., Adelaide 1284 abcdefghijklmnopqrstuvwxyz Minister for Mineral Resources Adelaide 1356 abcdefghijklmnopqrstuvwx NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 680 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 681

Map Sheet Block Units Adelaide 1428 abcdefghijkl Adelaide 1070 Adelaide 1143 Part cancellation took effect on 30 January 2004. The authority now embraces an area of 462 units. KERRY HICKEY, M.P., Minister for Mineral Resources

TRANSFERS (C03-0680) Mining Lease No. 1529 (Act 1992), formerly held by ASHTON COAL MINES LIMITED (ACN 096 238 603) has been transferred to WHITE MINING (NSW) PTY LIMITED (ACN 089 414 595) and ICRA ASHTON PTY LTD (ACN 097 499 780). The transfer was registered on 30 January 2004. (C03-0681) Mining Lease No. 1533 (Act 1992), formerly held by WHITE MINING LIMITED (ACN 009 713 893), ICRA ASHTON PTY LTD (ACN 097 499 780) and WHITE MINING (NSW) PTY LIMITED (ACN 089 414 595) has been transferred to WHITE MINING (NSW) PTY LIMITED (ACN 089 414 595) and ICRA ASHTON PTY LTD (ACN 097 499 780). The transfer was registered on 30 January 2004. KERRY HICKEY, M.P., Minister for Mineral Resources

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 682 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 683

Roads and Traffic Authority

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.

Mr MARK HENDERSON, General Manager, Albury City Council (by delegation from the Minister for Roads)

______

SCHEDULE

1. Citation This Notice may be cited as the Albury City Council B-Doubles Notice No 1, 2004.

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 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 (Vehicle Registration) Regulation 1998.

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

Type Road No Road Name Starting Point Finishing Point Conditions 25 000 Boronia Street Union Road Norwa Street 25 000 Batten Street Boronia Street To end 25 000 Nowra Street Boronia Street Union Road

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 682 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 683

Roads Act 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996

Jerilderie Shire 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.

Charles Gentner General Manager Council (by delegation from the Minister for Roads)

______

SCHEDULE

1. Citation This Notice may be cited as the Jerilderie Shire Council B-Doubles Notice No. 1/2004.

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

3. Effect This Notice remains in force until 20 September 2007 unless it is amended or repealed earlier.

4. Application 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 (Vehicle Registration) Regulation 1998.

5. Routes B-Double routes within the Jerilderie Shire Council. Type Road No Road Name Starting Point Finishing Point Conditions 25 000 South Coree Duncans Road Mayrung Road Travel Road permitted only between 1 November and 30 May

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 684 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 685

ROADS ACT 1993

Notice under clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996

CARRATHOOL SHIRE COUNCIL, in pursuance of Division 2 of Part 3 of the Road Transport (mass, Loading and Access) Regulation 1996, by this Notice, specify the roads and road related areas on or in which Road Trains may be used subject to any requirements or conditions set out in the Schedule.

PETER KOZLOWSKI General Manager Carrathool Shire Council (by delegation from the Minister for Roads)

______

SCHEDULE

1. Citation This Notice may be citied as the Carrathhool Shire Road Train Notice No 1/ 2004.

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

3. Effect This Notice remains in force until 31 December 2005 unless it is amended or repealed.

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

5. Routes Road Train routes within the CARRATHOOL SHIRE COUNCIL. (see schedule) Type Road No Road Name Starting Point Finishing Point RT 000 Grays Road Lachlan Valley Way Kidman Way (MR80) (MR501)

N:\GAZETTE\GOVERNMENT\Email\07RTA03.DOC 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 684 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 685

ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation, 1996

Coffs Harbour 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.

STEPHEN SAWTELL General Manager Coffs Harbour City Council (by delegation from the Minister for Roads)

______

SCHEDULE

1. Citation This Notice may be cited, as the Coffs Harbour City Council B-Doubles Notice No 2/2004.

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

3. Effect This Notice remains in force until 31 March 2009 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 (Vehicle Registration) Regulation 1998.

5. Routes B-Double routes within the Coffs Harbour City Council

Type Road No Road Name Starting point Finishing Conditions point

25 000 Stadium Drive, Pacific Highway Hogbin Drive �� Access between 2.00 am - Coffs Harbour (SH10) 7.30 am only

25 000 Hogbin Drive, Christmas Bells Hi-Tech Drive �� Access between 2.00 am - Coffs Harbour Road 7.30 am only

25 000 Christmas Bells Hogbin Drive End �� Access between 2.00 am - Road, Coffs Harbour 7.30 am only

25 000 Hi-Tech Drive, Hogbin Drive End �� Access between 2.00 am - Coffs Harbour 7.30 am only

25 000 Craft Close, Coffs Hi-Tech Drive End �� Access between 2.00 am - Harbour 7.30 am only

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ROADS ACT 1993 ROADS ACT 1993

LAND ACQUISITION (JUST TERMS LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 COMPENSATION) ACT 1991

Notice of Compulsory Acquisition of Land at Prestons, Notice of Compulsory Acquisition of Land at Rothbury Horsley Park, Eastern Creek and Kings Park in the in the Cessnock City Council area Liverpool and Blacktown City Council areas THE Roads and Traffic Authority of New South Wales by THE Roads and Traffic Authority of New South Wales by its delegate declares, with the approval of Her Excellency its delegate declares, with the approval of Her Excellency the Governor, that the land described in the schedule the Governor, that the land described in the schedule below is acquired by compulsory process under the below is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Compensation) Act 1991 for the purposes of the Roads Act 1993. Act 1993. T D Craig T D Craig Manager, Compulsory Acquisition & Road Dedication Manager, Compulsory Acquisition & Road Dedication 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 Liverpool and Blacktown City Council areas, Parishes of ALL that piece or parcel of land situated in the Cessnock St Luke, Melville and Prospect and County of City Council area, Parish of Rothbury and County of Cumberland, shown as: Northumberland, shown as Lot 26 Deposited Plan 1044459, being part of the land in Certificate of Title Lot 4 Deposited Plan 1058275, being part of the land in 11/801594, excluding from the compulsory acquisition of Certificate of Title 100/1038901 and said to be in the Lot 26: possession of Scotts Refrigerated Freightways Pty Limited (registered proprietor) and National Australia the easement for transmission line 60.96 wide notified in Bank Limited (mortgagee); Government Gazette No 63 of 30 May 1969 on page 1958 and Gazette No 52 of 14 May 1971 on pages 1553 and Lot 3 Deposited Plan 234606, being the whole of the land 1554 and shown designated (C) on Deposited Plan remaining in Certificate of Title Volume 6518 Folio 88 1044459; and and said to be in the possession of Mojmir Damjanovic and the Estate of the Late Dina Damjanovic; the easement for transmission line 60 wide notified in Government Gazette No 112 of 27 October 1972 on page Lots 15 and 17 Deposited Plan 1059698, being parts of 4256 and shown designated (D) on Deposited Plan the land in Certificate of Title 2/778564 and said to be in 1044459. the possession of Mojmir Damjanovic, Daniel Damjanovic and Joseph Toby Damjanovic; The land is said to be in the possession of Hunter Water Corporation (registered proprietor), Errol Investments Pty Lots 17 and 31 Deposited Plan 1061455, being the whole Limited (caveator) and Christopher Paul Meredith and of the land in Certificate of Title 343/250071 and said to Anthony James Meredith (claimants). be in the possession of Jon Lewis Parrish and Irma Claveria Parrish (registered proprietors) and National (RTA Papers FPP 3M3894; RO 85.1504) Australia Bank Limited (mortgagee);

Lot 28 Deposited Plan 1061455, being part of the land in Certificate of Title 347/250071 and said to be in the possession of Juan Henriquez and Esmirna Henriquez (registered proprietors) and Westpac Banking Corporation (mortgagee); and

Lot 27 Deposited Plan 1061455, being part of the land in Certificate of Title 348/250071 and said to be in the possession of Anthony Seman (registered proprietor) and Westpac Banking Corporation (mortgagee).

(RTA Papers: FPP 2M2223)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35

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ROADS ACT 1993 ROADS ACT 1993

Notice of Dedication of Land as Public Road Notice of Dedication of Land as Public Road at Wee Waa in the Narrabri Shire Council area at Trangie in the Narromine Shire Council area

THE Roads and Traffic Authority of New South Wales, THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the by its delegate, dedicates the land described in the schedule below as public road under section 10 of the schedule below as public road under section 10 of the Roads Act 1993. Roads Act 1993.

T D Craig T D Craig Manager, Compulsory Acquisition & Road Dedication Manager, Compulsory Acquisition & Road Dedication Roads and Traffic Authority of New South Wales Roads and Traffic Authority of New South Wales ______

SCHEDULE SCHEDULE

ALL that piece or parcel of land situated in the Narrabri ALL those pieces or parcels of land situated in the Shire Council area, Parish of Wee Waa, County of White, Narromine Shire Council area, Parish of Goan and County shown as Lot 2 Deposited Plan 1042875. of Narromine, shown as:

(RTA Papers: FPP 99M5239; RO 29/319.151) Lots 8 to 21 inclusive Deposited Plan 244788; and

Lot 22 Deposited Plan 244789.

(RTA Papers: FPP 4M615; RO 7/322.165)

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Other Notices

ASSOCIATIONS INCORPORATION ACT 1984 SCHEDULE 2 Transfer of Incorporation Pursuant to Section 48 (4)(a) 1. The exemption under clause 17(c) of the Companion Animals Regulation 1999 from the requirements of TAKE NOTICE that the company “Transport for Christ section 9 of the Companion Animals Act 1998 only Australia” formerly registered under the provisions of applies to an animal in the custody of an organisation the Corporations Act 2001 is now incorporated under the listed in Schedule 1 if the organisation is holding that Associations Incorporation Act 1984 as “Transport for Christ animal for the sole purpose of re-housing the animal with – Australia Incorporated” effective 9 February 2004. a new owner. LINDA FULLER, 2. The exemption under clause 17(c) of the Companion Delegate of Commissioner Animals Regulation 1999 from the requirements of section Office of Fair Trading 9 of the Companion Animals Act 1998 only applies to an animal in the custody of an organisation listed in Schedule 1 if the organisation maintains appropriate records that ASSOCIATIONS INCORPORATION ACT 1984 show compliance with the Companion Animals Act 1998 and Regulation 1999. Transfer of Incorporation Pursuant to Section 48 (4)(a) 3. The exemption under clause 17(c) of the Companion TAKE NOTICE that the company “Australia/New Zealand Animals Regulation 1999 from the requirements of Chapter of Quest, J.D Edwards Users Group Limited” section 9 of the Companion Animals Act 1998 only applies formerly registered under the provisions of the Corporations to an animal in the custody of an organisation listed in Act 2001 is now incorporated under the Associations Schedule 1 if the organisation maintains a register that is Incorporation Act 1984 as “Quest Australia & New Zealand made available to the Department of Local Government Users Group Inc” effective 9 February 2004. as requested that lists the names of all carers involved in the rehoming of animals and the locations of all animals LINDA FULLER, received under the exemption while in the custody of the Delegate of Commissioner organisation. Office of Fair Trading Date: 3 February 2004. CHILDREN (PROTECTION AND PARENTAL GARRY PAYNE, RESPONSIBILITY) ACT 1997 Director General, Department of Local Government Safer Community Compact – Order I, the Honourable BOB DEBUS, Attorney General of the DISTRICT COURT OF NEW SOUTH WALES State of New South Wales, in pursuance of section 39 (1) of DIRECTION the Children (Protection and Parental Responsibility) Act 1997, do, by this my Order, approve the Pittwater Crime PURSUANT to section 173 of the District Court Act Prevention Plan as a Safer Community Compact for the 1973, I direct that the District Court shall sit in its criminal purposes of Division 3 of Part 4 of that Act. jurisdiction at the place and time shown as follows:- This Order takes effect on 9 February 2004 and remains Moree 10:00am 2 February 2004 (2 weeks) in force until 8 February 2007. In lieu of 2 February 2004 (3 weeks) Signed at Sydney, this 6th day of February 2004. Glen Innes 10:00am 16 February 2004 (3 weeks) BOB DEBUS, M.P., Dated this 23rd day of January 2004. Attorney General R. O. BLANCH, Chief Judge COMPANION ANIMALS REGULATION 1999 ORDER FIRE BRIGADES ACT, 1989 Organisations approved by the Director General under Order under Section 5 (2) clause 17(c) of the Companion Animals Regulation 1999. I, PROFESSOR MARIE BASHIR AC, Governor of the PURSUANT to clause 17(c) of the Companion Animals State of New South Wales, with the advice of the Executive Regulation 1999 the organisation listed in Schedule 1 is Council and in pursuance of section 5 (2) of the Fire Brigades hereby approved, subject to the conditions contained in Act, 1989, do, by this my Order, vary the Order published in Schedule 2. Government Gazette No. 90 of 5 June 1998; and reconstitute the Armidale Fire District in the following Schedule and declare that the provisions of the Fire Brigades Act shall SCHEDULE 1 apply to the area described in the Schedule. Name of Address of Name of contact organisation organisation officer for organisation Signed at Sydney, this 21st day of January 2004. Snowy P O Box 25 Ms Lorene Cross By Her Excellency’s Command, Mountains BATLOW Animal Rescue NSW 2730 TONY KELLY, M.L.C., Team (S.M.A.R.T.) Minister for Emergency Services

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SCHEDULE HOUSING ACT 2001 In this schedule, a reference to a local government area Notification of Compulsory Acquisition of Land is a reference to that area with boundaries as at the date of THE New South Wales Land and Housing Corporation publication of the Order in the Gazette. declares, with the approval of Her Excellency the Governor, Armidale that the land described in the Schedule below is acquired by compulsory process under the provisions of the Land Comprising the existing Fire District in the Armidale Acquisition Act (Just Terms Compensation) Act 1991 for Dumaresq Council area, with an addition and deletions as the purposes of the Housing Act 2001. delineated on Map No. 205/03/1 kept in the office of the NSW Fire Brigades. Dated at Ashfield this 23rd day of January 2004 TERRY BARNES, Director General GEOGRAPHICAL NAMES ACT 1966 PURSUANT to the provisions of Section 10 of the SCHEDULE Geographical Names Act 1966, the Geographical Names The land shown as Lots 1 - 9 inclusive in Deposited Plan Board has this day assigned the geographical name 1059607 being land at East Nowra, in the Local Government Sydney Olympic Park Ferry Terminal in the Auburn Local Area of Shoalhaven, Parish of Nowra, County of St Vincent, Government Area. said to be in the possession of the Council of the City of The position and the extent for this feature is recorded Shoalhaven. and shown within the Geographical Names Register of New South Wales. This information can be accessed through the Boards Web Site at www.gnb.nsw.gov.au LOCAL GOVERNMENT ACT 1993 WARWICK WATKINS, Shoalhaven City Water Supply Augmentation Stage 2B1 Chairman Vesting of land and easement in Shoalhaven City Council Geographical Names Board THE Minister for Energy and Utilities of the State of New PO Box 143 BATHURST 2795 South Wales, declares that the land and easement described in the Schedule hereto, which were acquired for the purpose of the Shoalhaven City Water Supply Augmentation Stage GEOGRAPHICAL NAMES ACT 1966 2B1 Scheme are vested in Shoalhaven City Council. PURSUANT to the provisions of Section 8 of the FRANK ERNEST SARTOR, M.P., Geographical Names Act 1966, the Geographical Names Minister for Energy And Utilities Board hereby notifies that it proposes to assign the names listed hereunder as geographical names. SCHEDULE Any person wishing to make comment upon these Land proposals may within one (1) month of the date of this notice, Lot 9 in Deposited Plan 1001947 write to the Secretary of the Board with that comment. Interest in Land Proposed Name: Royal Hospital for Women Park Easement created by Dealing number 6322653 Designation: Reserve L.G.A.: Woollahra Municipal Council DoC Reference 212 Parish: Alexandria County: Cumberland L.P.I. Map: Botany Bay LOCAL GOVERNMENT ACT 1993 1:100,000 Map: Sydney 9130 Clarence Valley and Coffs Harbour Regional Water Reference: GNB 4979 Supply - W686 Proposed Name: Edna Seehusen Reserve Vesting of easement in Lower Clarence County Council Designation: Reserve L.G.A.: Hornsby Shire Council THE Minister for Energy and Utilities of the State of New Parish: South Colah South Wales, declares that the easement described in the County: Cumberland Schedule hereto, which was acquired for the purpose of L.P.I. Map: Hornsby the Clarence Valley and Coffs Harbour Regional Water 1:100,000 Map: Sydney 9130 Supply - W686 Scheme is vested in Lower Clarence County Reference: GNB 4974 Council. The position and the extent for these features are recorded FRANK ERNEST SARTOR, M.P., and shown within the Geographical Names Register of New Minister for Energy and Utilities South Wales. This information can be accessed through the Board’s Web Site at www.gnb.nsw.gov.au SCHEDULE WARWICK WATKINS, Interest in Land Chairperson Easement created by dealing number 9619723 Geographical Names Board (SB55424) PO Box 143 BATHURST NSW 2795 DoC Reference 201 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 690 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 691

NATIONAL PARKS AND WILDLIFE ACT, 1974 Public roads within lots 80, 85, 75, 76 & 77 DP752131 and lot 20 DP837516, exclusive of Council Public roads PROCLAMATION and the area shown by hatching in the diagram following.: I, Professor MARIE BASHIR, A.C., Governor of the State of NPWS/F/2680. New South Wales, with the advice of the Executive Council and in pursuance of the powers vested in me under Section 68 of the National Parks and Wildlife Act, 1974, with the consent of every owner and occupier do, on the recommendation of the Director-General of the Department of Environment and Conservation, by this my Proclamation declare the lands described hereunder to be a wildlife refuge for the purposes of the abovementioned Act. To be known as “Eurolie Wildlife Refuge” SIGNED and SEALED at Sydney this 14th day of January 2004. MARIE BASHIR, Governor By Her Excellency’s Command BOB DEBUS, M.P., Minister for the Environment GOD SAVE THE QUEEN! POISONS AND THERAPEUTIC GOODS ACT Description 1966 Land District – Hay; LGA – Hay RESTORATION OF DRUG AUTHORITY County Waradgery, Parishes Bedarbidgal, Eurolie, IN accordance with the provisions of clause 171(1) of the Killendoo, Wirkenberjal and Wilgah, about 11202 hectares, Poisons and Therapeutic Goods Regulation 2002, a direction being lots 1 and 3, DP 731831, lots 33, 34, 73, 74, 91 and 92, has been issued that the order prohibiting Dr Asaad Baraz of DP 765763 and lot 7, DP 756806. NPWS 03/08661. 39 Railway Parade, Lithgow 2790 from supplying or having possession of drugs of addiction as authorised by clause 101 of the Regulation and issuing a prescription for a drug of NATIONAL PARKS AND WILDLIFE ACT, 1974 addiction as authorised by clause 76 of the Regulation, for NOTICE OF RESERVATION OF NATIONAL PARK the purpose of his profession as a medical practitioner, shall cease to operate from Monday 9 February 2004. I, Professor MARIE BASHIR, A.C., Governor of the State of New South Wales, with the advice of the Executive Council, Department of Health, New South Wales. reserve the land described in the Schedule below, as part of Sydney, Wednesday 4 February 2004. Eurobodalla National Park, under the provisions of Section ROBYN KRUK, 30A(1) of the National Parks and Wildlife Act, 1974. Director-General SIGNED and SEALED at Sydney this 3rd day of December, 2003. RACING ADMINISTRATION ACT 1998 MARIE BASHIR, A.C., ORDER Governor SPORTS BETTING By Her Excellency’s Command I, Grant Anthony McBRIDE, Minister for Gaming and Racing, BOB DEBUS, M.P., in pursuance of section 18 of the Racing Administration Act Minister for the Environment 1998, hereby amend the Schedule of Sports Betting Events GOD SAVE THE QUEEN! and Approved Forms of Betting published in the Gazette of 3 January 2003, by adding Olympic Games to the list of Sporting Events or Classes of Sporting Events in respect of SCHEDULE the following: Land District – Moruya; LGA – Eurobodalla ATHLETICS ICE HOCKEY County Dampier, Parish Bodalla, at Potato Point, about BASEBALL MISCELLANEOUS 284 hectares, lots 75, 76, 77, 79, 80, 84, 86, 91, 120 & BASKETBALL SOCCER 121 DP752131, lots 13, 20 & 21 DP837516, lots 5, 6 & BOXING TENNIS 7 DP1028935, lots 1 & 2 DP125457, Crown Public roads CYCLING TRIATHLON separating lot 84 DP752131 from lot 85 DP752131 and lot HOCKEY YACHT RACING 213 DP723108 & lot 7 DP752131 from lot 6 DP1028935, Dated at Sydney this 27th day of January 2004. lot 1 DP125457, lot 79 DP752131, lot 80 DP752131 & lot 91 DP752131 and that part of the bed of Potato Creek GRANT ANTHONY MCBRIDE, M.P., separating lot 6 from lot 7 DP1028935; inclusive of Crown Minister for Gaming and Racing

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 690 OFFICIAL NOTICES 13 February 2004 13 February 2004 OFFICIAL NOTICES 691

RURAL FIRE ACT 1997 • Local Orders Policy • Management Plan REVOCATION OF TOTAL FIRE BAN • Minutes of Committee Meetings (not including PURSUANT to the provisions of Section 99 of the Rural matters closed to the public) Fires Act, 1997, the Total Fire Ban enforced for the: • Minutes of Council Meeting (not including matters closed to the public) Southern Tablelands • Occupational Health and Safety Policy has now been revoked as at 08:00 on 12 February 2004. • Plans of Management for Community Land (including leases/licences of public land) • Policy Register FREEDOM OF INFORMATION ACT, 1989 • Pricing Policy Section 14 (1)(b) and (3) • Return of Interests (Councillors, designated persons and delegates) • Revenue Policy (see Management Plan) SUMMARY OF AFFAIRS • Section 94 Contributions Plans OF THE • State of the Environment Report RICHMOND VALLEY COUNCIL (DECEMBER 2003) • Statement of Affairs • Summary of Affairs IN accordance with Section 14(1)(b) of the Freedom of • Subdivision Code Information Act, this summary of the Statement of Affairs • Tendering Policy of the Richmond Valley Council is provided. Copies of these documents may be purchased at a cost of SECTION 1 – Policy Documents $0.55 per page (minimum charge $2.00). The following policy documents are available in SECTION 2 – Statement of Affairs Council’s office for inspection (free of charge) or purchase as indicated: The most recent Statement of Affairs of the Council is that for June 2003. Copies may be purchased from Council at a • Annual Report cost of $0.55 per page (minimum charge $2.00). • Auditor’s Report • Business Papers (not including matters closed to the SECTION 3 – ENQUIRIES public) Any Freedom of Information inquiries concerning the • Construction Certificate Records Council’s activities should be directed to: • Code of Conduct • Code of Meeting Practice Mr WS Halcrow • Corporate Plan Public Officer • Development Control Plans Richmond Valley Council • EEO Management Plan 98 Walker Street • Environmental Planning Instruments (Locked Bag 10) • Expenses and Facilities Policy CASINO NSW 2470 • Fees and Charges (see Management Plan) Telephone: (02) 66600312 • Internal Reporting Policy (for the purpose of the Facsimile: (02) 66625198 Protected Disclosures Act) • Investments Register. The Council’s office hours are 8.00am to 4.30pm (Monday • Local Approvals Policy to Friday). • Local Environmental Planning Instruments

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 692 TENDERS 13 February 2004 TENDERS

Department of Commerce

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COUNCIL NOTICES NORTH SYDNEY COUNCIL COUNCIL Roads Act 1993 Roads Act 1993, Section 162 NOTICE is given pursuant to Part 2, section 10 of the Roads Act 1993, that the land described in the Schedule Renaming of Public Roads – Cootamundra Shire hereunder is hereby dedicated as public road. Authorised NOTICE is hereby given that Council pursuant to section by resolution of Council at its meeting of 1 September 162 of the Roads Act 1993, has renamed the following 2003. PENNY HOLLOWAY, General Manager, North Sydney Council, 200 Miller Street, North Sydney, NSW roads in the Cootamundra Shire 2060. Description Name Schedule The road previously known as Old Cootamundra Old Temora Road from MR 235 Road. Lot 1, DP 616826, Olive Lane, Neutral Bay; Lot 3, DP to Junee Shire Boundary. 616826, Yeo Street, Neutral Bay. [0095] The road previously known as Grogan Road. Grogan Road from MR84 to RIVERINA WATER COUNTY COUNCIL Temora Shire Boundary. Local Government Act 1993, Section 553 The road previously known as Milvale Road. Milvale Road from Grogan Road Extension of Watermains to Boundary. NOTICE is hereby given pursuant to section 553 of the The road previously known as Stockinbingal Local Government Act 1993, that Riverina Water County Cootamundra-Stockinbingal Road Road. Council’s water mains have been extended to service the from Cootamundra to Stockinbingal. lands described hereunder: The road previously known as Jugiong Road. Glenoak Stage 2 – Burgan Drive: From the existing main Jugiong Road from MR87 to along Indigo Drive, eastwards along Burgan Drive to the Old Gundagai Road. southwestern corner of Lot 38. Drawing No.: 1-2998. The road previously known as Rosehill Road. Tatton Hills Sub. Stage 3 – Fiztroy Street, Namoi Street: Jugiong Road from Old Gundagai From the existing main along Fitzroy Street, southwards Road to Boundary. eastward and northwards along the extension of Fitzroy The road previously known as Beggan Beggan Street to the intersection of Namoi Street. Also, from the Jugiong Road/Rosehill-Harden Road Road. existing main along Fitzroy Street, westwards along Namoi from Rosehill Road to Harden Shire Street to the existing main along Tamar Drive. Drawing Boundary. No.: 1-2939. The road previously known as Brawlin Road. Lake Albert – Craft Street: From the existing main Yammatree Road from MR87 to along Craft Street at the southwestern corner of Lot 6, Boundary. section 8, DP 758594, westward along Craft Street to the The road previously known as Mabereen Lane. existing main at the intersection of Rowe and Craft Streets. Greens Lane/Yannawah. Drawing No.: 2-1873. The road previously known as Boundary Road. Brucedale – Old Narrandera Road west of Millwood Boundary Road/South Berthong Road: From the existing main at the intersection of Road. Millwood and Old Narrandera Roads, westward along Old Narrandera Road to the north-eastern corner of Lot New road Dickinson’s Subdivision Gilgal Road. 19, DP 750832. Drawing No.: 3-2559-5. off Boundary Road. The road previously known as Kilrush Road. Brucedale – Mary Gilmore Road: From the existing main Cullinga Road from town boundary along Mary Gilmore Road, eastwards along Mary Gilmore to Old Gundagai Road. Road from Lot 7, DP 248221 to the southwestern corner of Lot 2, DP 585996. Drawing No.: 3-2025. The road previously known as Cullinga Road. Cullinga Road from Old Gundagai Brucedale – Alleynside Road: From the existing main Road to MR78. along Alleynside Road, northeastwards and northwards along Alleynside Road to the southwestern corner of Lot Gundagai Road from Cootamundra Muttama Road. 1, DP 711498. Drawing No.: 3-2180. to Coolac. New road off Back Brawlin Road. Ross Friend Henty – Yankee Crossing Road: From the existing main Place. at the southern end of Forth Street, southwards along Forth Street to the intersection of Forth Street and Yankee These naming will take effect from 1 February 2004. S. T. Crossing Road, and eastwards along Yankee Crossing GODBEE, General Manager, Cootamundra Shire Council, Road to the south western corner of Lot 5, DP 813417. PO Box 420, Cootamundra, NSW 2590. [0087] Drawing No.: 3-2180.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 694 PRIVATE ADVERTISEMENTS 13 February 2004 13 February 2004 PRIVATE ADVERTISEMENTS 695

Hilltop Sub. Stage 4B – Waverley Place: From the 754563 and from the new main along Bourkes Creek existing main along Waverley Place, eastwards and Road, eastward along a laneway to Lot 50, DP 754563. southeastwards along Waverley Place to the south eastern Drawing No.: 3-3000. corner of Lot 26. Drawing No.: 1-2749-3. The owners of all lands within the prescribed distance will Turvey Park Stage 1 – Adjin Street, Wren Street, Jack be liable for water supply charges as from the expiration Avenue, Rosella Place: From the existing main along of twenty-one (21 days) after the publication of this notice, Wren Street, southward along Adjin Street to the existing or the date of connection of the properties to the water main at the end of Adjin Street. From the new main at main, whichever is the earlier date. G. W. PIEPER, General the intersection of Adjin Street and Jack Avenue, eastward Manager, Riverina Water County Council, PO Box 456, along Jack Avenue to the north western corner of Lot 23. Wagga Wagga. NSW 2650. [0091] From the new main at the intersection of Jack Avenue and Rosella Place, southwards along Rosella Place to the south east corner of Lot 9. Drawing No.: 1-2999. SHOALHAVEN CITY COUNCIL Bourkelands Stage 15 – Brooklyn Drive, Kyalla Place, Roads Act 1993, Section 10 Merong Place: From the existing main along Brooklyn Dedication of Land as Public Road Drive, southwards along Brooklyn Drive to connect to an existing main also along Brooklyn Drive. From the new NOTICE is hereby given that the Council of the City of main at the intersection of Brooklyn Drive and Kyalla Shoalhaven at its meeting of 26 October 1999, Minute Place, eastward along Kyalla Place to the southwestern No. 1973, resolved to acquire land for road purposes, part corner of Lot 14. From the new main at the intersection of North Brooman State Forest. The land as described in the Brooklyn Drive and Merong Place, eastward along Merong Schedule below has been acquired and is hereby dedicated Place to the southwestern corner of Lot 6. Drawing No.: as Council Public Road pursuant to section 10 of the Roads 1-2876. Act 1993. R. D. PIGG, General Manager, Shoalhaven City Council, Bridge Road (PO Box 42), Nowra, NSW 2541. Tatton Hills Sub. Stage 4 – Monaro Court: From the File 1367. existing main along Monaro Court, westward along Monaro Court to the road intersection, then southwards along Schedule Monaro Court to the southeastern corner of Lot 11 and Lots 1 and 2 in Deposited Plan 874571, Parishes of Boyne also northwards along Monaro Court to the northeastern and Termeil, County of St Vincent. [0093] corner of Lot 22. Drawing No.: 1-2738. Bourkes Creek Road Rural Mains Extension 3660834: From the existing main along Olympic Highway, southwards along Bourkes Creek Road to Lot 109, DP

PARRAMATTA CITY COUNCIL Local Government Act 1993, Section 713 Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder that the Council of the City of Parramatta has resolved in pursuance of sections 713 and 715 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 as at the 19 December 2002, is due: Owners or persons Description of Amount of Amount of all Total having an interest in the Land Rates other rates land (including extra (including extra charges) overdue charges) due for more than in arrears five (5) years (a) (b) (c) (d) (e) Denise Margaret PULIS Lots 6 and 19, SP 4079 known $1,523.86 $6,129.61 $7,653.47 as 6/12 Early Street, Parramatta 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 the payment of all such rates being entered into by the rateable person, before the time fixed for sale, the said land will be offered for sale by public auction by Raine & Horne Parramatta at the Parramatta Riverside Theatres, 353C Church Street, Parramatta on Monday, 17 May 2004, at 7:00 p.m. If any person claims an interest in the property, the subject of this Notice, they should forward to R. Wenzel of Council’s Rates & Property Section (Telephone: (02) 9806 5431), details of their claim for consideration by Council. Dated at Parramatta 9 February 2004. GENERAL MANAGER, Parramatta City Council, 30 Darcy Street, Parramatta, NSW 2124. [0092]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 694 PRIVATE ADVERTISEMENTS 13 February 2004 13 February 2004 PRIVATE ADVERTISEMENTS 695

ESTATE NOTICES was granted in New South Wales on 14 January 2004. LOW DOHERTY & STRATFORD, Solicitors, 9 Campbell NOTICE of intended distribution of estate.—Any person Street (PO Box 147), Blacktown, NSW 2148 (DX8109, having any claim upon the estate of VORN BEDE Blacktown), tel.: (02) 9622 4644. Reference: GPD:SC. WAPLES late of Toukley, in the State of New South [0080] Wales, retired bricklayer, who died on 7 October 2003, must send particulars of his claim to the executor, Peter NOTICE of intended distribution of estate.—Any person Vorn Waples, c.o. John G Burton & Associates, Solicitors, having any claim upon the estate of HILDA MARY LAWN 16 Adelaide Street, East Gosford, NSW 2250, within one late of Albert Road, Strathfield, in the State of New South (1) calendar month from publication of this notice. After Wales, home duties, who died on 13 July 2003, must send that time the executor may distribute the assets of the particulars of his/her claim to the executors, Marie Myers estate having regard only to the claims of which at the time and Patricia Therese Wilson, c.o. C. P. White & Sons of distribution he has notice. Probate was granted in New (Burwood), Solicitors, 15 Belmore Street, Burwood, NSW South Wales on 19 December 2003. JOHN G BURTON 2134, within one (1) calendar month from publication of & ASSOCIATES, Solicitors, 16 Adelaide Street, East this notice. After that time the executors may distribute Gosford, NSW 2250 (DX7263 Gosford), tel.: (02) 4323 the assets of the estate having regard only to the claims of 4899. Reference: JGB:MK. [0072] which at the time of distribution they have notice. Probate was granted in New South Wales on 17 November 2003. C. P. WHITE & SONS (BURWOOD), Solicitors, 15 Belmore NOTICE of intended distribution of estate.—Any person Street, Burwood, NSW 2134 (PO Box 36, Burwood 1805) having any claim upon the estate of PATRICIA ROSE (DX8550, Burwood), tel.: (02) 9744 2198. [0081] WESTWOOD late of 2/125 Trafalgar Avenue, Umina, in the State of New South Wales, pensioner, who died on 8 November 2003, must send particulars of the claim to NOTICE of intended distribution of estate.—Any person the executrix, Dianne Carina Winn, c.o. Gary Cleary & having any claim upon the estate of ELSIE MAUD Associates, Solicitors, 1/299 Brisbane Water Drive, West KEENAN late of Westmead, in the State of New South Gosford, NSW 2250, within one (1) calendar month from Wales, widow, who died on 8 November 2003, must publication of this notice. After that time the assets of the send particulars of his claim to the executor, c.o. Rees estate and the property may be conveyed and distributed & Tuckerman, Solicitors, 678 Pittwater Road, Brookvale, having regard only to the claims of which at the time NSW 2100, within one (1) calendar month from publication of conveyance or distribution the executrix has notice. of this notice. After that time the executor may distribute Probate was granted in New South Wales on 16 January the assets of the estate having regard only to the claims 2004. GARY CLEARY & ASSOCIATES, Solicitors, 1/299 of which at the time of distribution he has notice. Probate Brisbane Water Drive (PO Box 6), West Gosford, NSW was granted in New South Wales to Nola Beverley Joyce 2250, tel.: (02) 4324 5999. [0074] Therese Monica Croft on 2 February 2004. REES & TUCKERMAN, Solicitors, 678 Pittwater Road (PO Box 34), Brookvale, NSW 2100 (DX831, Sydney), tel.: (02) NOTICE of intended distribution of estate.—Any person 9905 1469. [0082] having any claim upon the estate of RICHARD JOHN MITCHELL DELANEY late of Bethany Nursing Home, Eastwood, in the State of New South Wales, manager, NOTICE of intended distribution of estate.—Any person who died on 23 October 2003, must send particulars of having any claim upon the estate of DANIEL VUCETICH his/her claim to the executrix, Megan Dorothy Halliburton, late of Dee Why, in the State of New South Wales, retired c.o. Collins & Thompson, Solicitors, 8 Coronation Street, market gardener, who died on 11 September 2003, must Hornsby, NSW 2077, within one (1) calendar month from send particulars of his claim to the executor, c.o. Rees publication of this notice. After that time the assets of & Tuckerman, Solicitors, 678 Pittwater Road, Brookvale, the estate may be conveyed and distributed having regard NSW 2100, within one (1) calendar month from publication only to the claims of which at the time of distribution the of this notice. After that time the executor may distribute executrix has notice. Probate was granted in New South the assets of the estate having regard only to the claims of Wales on 30 January 2004. COLLINS & THOMPSON, which at the time of distribution he has notice. Probate was Solicitors, 8 Coronation Street, Hornsby, NSW 2077 (PO granted in New South Wales to Daniel Terence Vucetich on Box 455, Hornsby 1630), (DX9691, Hornsby), tel.: (02) 26 November 2003. REES & TUCKERMAN, Solicitors, 9476 2788. Reference: DJT:JC:85818. [0075] 678 Pittwater Road (PO Box 34), Brookvale, NSW 2100 (DX831, Sydney), tel.: (02) 9905 1469. [0083] NOTICE of intended distribution of estate.—Any person having any claim upon the estate of ANTONIA BREEN NOTICE of intended distribution of estate.—Any late of 22 Cowper Circle, Quakers Hill, in the State of New person having any claim upon the estate of WALLACE South Wales, home duties, who died on 24 October 2003, FREDERICK HASSETT late of 88 Lunch Street, Adelong, must send particulars of his/her claim to the executrix, in the State of New South Wales, club manager, who died Sally Ann Breen-Cutter (in the will also known as Sally on 25 August 2003, must send particulars of his/her claim Ann Cutter), c.o. Low Doherty & Stratford, Solicitors, to the executrix, Nita Miriam Hassett, c.o. Low Doherty & 9 Campbell Street, Blacktown, NSW 2148, within one Stratford, Solicitors, 9 Campbell Street, Blacktown, NSW (1) calendar month from publication of this notice. After 2148, within one (1) calendar month from publication of that time the assets of the estate may be conveyed and this notice. After that time the assets of the estate may distributed having regard only to the claims of which at be conveyed and distributed having regard only to the the time of distribution the executrix has notice. Probate claims of which at the time of distribution the executrix NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 696 PRIVATE ADVERTISEMENTS 13 February 2004 13 February 2004 PRIVATE ADVERTISEMENTS 697 has notice. Probate was granted in New South Wales on the assets of the estate may be conveyed and distributed 22 January 2004. LOW DOHERTY & STRATFORD, having regard only to the claims of which at the time of Solicitors, 9 Campbell Street (PO Box 147), Blacktown, distribution the executor has notice. Probate was granted NSW 2148 (DX8109, Blacktown), tel.: (02) 9622 4644. in New South Wales on 21 January 2004. MACLARENS, Reference: DGL:AD. [0084] Solicitors, 232 Merrylands Road, Merrylands, NSW 2160 (DX25406, Merrylands), tel.: (02) 9682 3777. Reference: DJH:NF:20046239. [0094] NOTICE of intended distribution of estate.—Any person having any claim upon the estate of ELAINE CARMEN ALEXANDER late of 132 Kingsgrove Road, Kingsgrove, COMPANY NOTICES in the State of New South Wales, who died on 22 June 2003, must send particulars of this claim to the executors, NOTICE of voluntary liquidation.—WERRINGHILL PTY Phillip Nicholas Alexander and Richard Kent Alexander, LIMITED, ACN 001 344 010 (in voluntary liquidation).— c.o. Denis M. Anderson, Solicitor, 10 Regent Street, Notice is hereby given pursuant to the Corporations Law Kogarah, NSW 2217, within one (1) calendar month from that at a general meeting of members, duly convened publication of this notice. After that time the executors and held at the offices of Messrs Pringle Moriarty & may distribute the assets of the estate having regard only Co., Chartered Accountants, Suite 12C, 44 Oxford Road, to the claims of which at the time of distribution they Ingleburn, NSW 2565, on Thursday at 11:00 a.m., the have notice. Probate was granted in New South Wales on following resolution was passed as a special resolution: 15 December 2003. DENIS M. ANDERSON, Solicitor, 10 “That the company be wound up voluntarily and that Regent Street, Kogarah, NSW 2217 (PO Box 148, Kogarah Stanley Moriarty be appointed liquidator for the purposes of the winding up”. STANLEY MORIARTY, Liquidator, 1485), tel.: (02) 9587 0440. Reference: DA.AM. [0085] c.o. Pringle Moriarty & Co., Chartered Accountants, Suite 12C, 44 Oxford Road (PO Box 818), Ingleburn, NSW NOTICE of intended distribution of estate.—Any person 2565, tel.: (02) 9605 1344. [0076] having any claim upon the estate of JAMES AUSTIN SPENCER COOPER late of Kincum, in the State of New NOTICE of voluntary liquidation.—SAINT GEORGE South Wales, retired, who died on 24 November 2003, STARR-BOWKETT CO-OPERATIVE SOCIETY No. 19 must send particulars of his claim to the executor, John SECTION LIMITED (in voluntary liquidation), Registered Darryll Turnell, c.o. Peninsula Law, Solicitors, 103-105 Office: 43 Enmore Road, Newtown, NSW 2042.—Notice is Blackwall Road, Woy Woy, NSW 2256, or their agents hereby given that a special meeting of the abovementioned Turner Whelan, Solicitors, Level 2, 162 Goulburn Street, society will be held at the Society’s Office, 43 Enmore Sydney, NSW 2000, within one (1) calendar month from Road, Newtown, NSW 2042, on Thursday, 4 March 2004, publication of this notice. After that time the assets may at 10:00 a.m., for the purpose of having an account laid be conveyed and distributed having regard only to the before it showing the manner in which the winding up has claims of which at the time of distribution he has notice. been conducted and the property of the society disposed Probate was granted in New South Wales on 2 February of and of hearing any explanation which may be given by 2004. PENINSULA LAW, Solicitors, 103-105 Blackwall the liquidator. Dated at Newtown this 5th day of February Road (PO Box 162), Woy Woy, NSW 2256 (DX8806, Woy 2004. N. ANDERSON, Liquidator, c.o. Saint George Starr- Woy), tel.: 4342 1111. Reference: JDT:JL:6552. [0086] Bowkett Co-operative Society No. 19 Section Limited, 43 Enmore Road (PO Box 395), Newtown, NSW 2042, tel.: NOTICE of intended distribution of estate.—Any person (02) 9557 1898. [0077] having any claim upon the estate of THI KHUYNH NGO late of Newtown, in the State of New South Wales, who NOTICE convening final meeting of members.—SUNNY died on 27 March 2003, must send particulars of his claim RIDGE (CHAROLAIS) PTY LIMITED, ACN 008 477 to the executors, Hien Uoi Lam, Hien Hue Lam and Hein 209 (in liquidation).—Notice is hereby given pursuant Khi Lam, c.o. M. Duncan & Associates, Lawyers, 39/61-89 to section 509 of the Corporations Act 2001, that a final Buckingham Street, Surry Hills, NSW 2012, within one general meeting of members of the abovenamed company (1) calendar month from publication of this notice. After will be held at the offices of David B Dickson & Co., that time the executors may distribute the assets of the Chartered Accountants, 8th Floor, 10 Spring Street, estate having regard only to the claims of which at the Sydney, NSW 2000, on 10 March 2004 at 10:00 a.m., time of distribution they had notice. Probate was granted for the purpose of having an account laid before them in New South Wales on 29 October 2003. M. DUNCAN showing the manner in which the winding up has been & ASSOCIATES, Lawyers, 39/61-89 Buckingham Street, conducted and the property of the company disposed of Surry Hills, NSW 2012 (PO Box 70, Strawberry Hills, and of hearing any explanation that may be given by the 2012), tel.: (02) 9699 9877. Reference: md/N4547B. liquidator. Dated this 4th day of February 2004. DAVID [0090] B DICKSON, F C A Liquidator, c.o. David B Dickson & Co., Chartered Accountants, 8th Floor, 10 Spring Street, NOTICE of intended distribution of estate.—Any Sydney, NSW 2000 (GPO Box 3777, Sydney, NSW 2001), person having any claim upon the estate of STOYA tel.: (02) 9221 7566. [0078] MASLOVARA late of Kings Langley, in the State of New South Wales, widow, who died on 7 October 2003, must send particulars of his/her claim to the executor, NOTICE of member’s voluntary winding up.—PERIFF Milica Povey, c.o. Maclarens, Solicitors, 232 Merrylands PTY LIMITED, ACN 003 790 252.—Notice is hereby Road, Merrylands, NSW 2160, within one (1) calendar given that in accordance with section 495 of the month from publication of this notice. After that time Corporations Law at an extraordinary general meeting NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 696 PRIVATE ADVERTISEMENTS 13 February 2004 13 February 2004 PRIVATE ADVERTISEMENTS 697

of the abovementioned company held on the 27 January ENERGY AUSTRALIA 2004, the following was passed as a special resolution: Electricity Supply Act 1995 “That the company be wound up and that Graham George Gunn, Chartered Accountant, 64 Tennyson Road, Mortlake Land Acquisition (Just Terms Compensation) Act 1991 NSW, be appointed liquidator for the purpose of winding Notice of Compulsory Acquisition of Land up.” Dated this 10th day of February 2004. GRAHAM Nulkaba GEORGE GUNN, Liquidator, c.o. Graham G Gunn & Co, PO Box 554, Concord, NSW 2137. [0088] ENERGY AUSTRALIA declares, with the approval of Her Excellency the Governor and the Executive Council, that the land described in Schedule 1 of this notice is acquired NOTICE of member’s voluntary winding up.—BURDEN by compulsory process in accordance with the provisions BROS PTY LIMITED, ACN 000 260 935.—Notice is of the Land Acquisition (Just Terms Compensation) Act hereby given that in accordance with section 495 of the 1991, for the purposes of the Electricity Supply Act Corporations Law at an extraordinary general meeting 1995. of the abovementioned company held on the 29 January 2004, the following was passed as a special resolution: Dated at Sydney this 4th day of February 2004. “That the company be wound up and that Graham George SIGNED, SEALED and DELIVERED for and on behalf Gunn, Chartered Accountant, 64 Tennyson Road, Mortlake of Energy Australia by GRANT KENNETH GREENE- NSW, be appointed liquidator for the purpose of winding SMITH its duly constituted Attorney pursuant to Power of up.” Dated this 10th day of February 2004. GRAHAM Attorney registered Book 4368 No. 61 who declares that GEORGE GUNN, Liquidator, c.o. Graham G Gunn & Co, he holds the position set out beneath his signature PO Box 554, Concord, NSW 2137. [0073] KEN GRANT, Manager – Property Portfolio. OTHER NOTICES WARWICK WEEKLEY, NOTICE of dissolution of partnership.—MORGAN Witness. LEWIS ALTER.—On 24 December 2003, the partnership Schedule 1 of Morgan Lewis Alter constituted by Paul Mervyn Fordyce, Peter Maurice Alter, Leslie Lewis and Mark All that piece or parcel of land at Nulkaba in the Local Edward James Morgan was dissolved. PAUL FORDYCE, Government Area of Cessnock, Parish of Pokolbin, County c.o. PMF Legal, Level 9, 135 King Street, Sydney, NSW Northumberland and State of New South Wales being Lot 2000, tel.: (02) 9221 9888. [0079] 101 shown in Deposited Plan number 803192. [0089]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 698 PRIVATE ADVERTISEMENTS 13 February 2004

NEW SOUTH WALES GOVERNMENT GAZETTE No. 35 699

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 36 Friday, 13th February 2004 Published under authority by cmSolutions

PUBLIC SECTOR NOTICES CHIEF EXECUTIVE SERVICE APPOINTMENT UNDER SECTION 12 THE Director-General, Premier's Department, under delegation from the Premier and pursuant to the provisions of section 12 of the Public Sector Employment and Management Act 2002, has approved that the following officer be appointed to the chief executive service position shown, effective from the date shown within the brackets: Department of Education and Training Andrew CAPPIE-WOOD, Director-General [9 February 2004]. 700 PUBLIC SECTOR NOTICES 13 February 2004

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

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