Land Regulation 1995

Queensland Land Act 1994 Land Regulation 1995 Reprinted as in force on 1 August 2009 Reprint No. 6A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 SL No. 282 s 63

Information about this reprint This regulation is reprinted as at 1 August 2009. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Land Regulation 1995 Contents Part 1 1 2 2A Part 2 Division 1 3 4 Division 2 5 Division 3 5A 5B 5C 5D 5E 5F 5G 5H Part 2A Division 1 5I Division 2 5J 5K 5L Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Reserves and deeds of grant in trust Guidelines for trustee permits Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Guidelines for trustee permits—Act, s 60(2) . . . . . . . . . . . . . . . . 8 Statutory bodies exemption Statutory bodies to which rent expenditure limitation does not apply—Act, s 63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Guidelines for trustee leases Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Establishing the circumstances of the trustee lease . . . . . . . . . . 9 Establishing the uses of the lease land . . . . . . . . . . . . . . . . . . . . 11 Establishing the rent for the trust land . . . . . . . . . . . . . . . . . . . . . 11 Establishing obligations about improvements and maintenance of the lease land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Miscellaneous lease provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Certain matters to be drawn to lessee’s attention . . . . . . . . . . . . 14 Model by-laws for trust land Model by-laws Model by-laws—Act, s 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Adopting model by-laws Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Step 1—propose to adopt a model by-law . . . . . . . . . . . . . . . . . . 15

5M 5N 5O 5P 5Q 5R Part 3 6 Part 4 7 8 9 10 11 12 13 14 15 16 17 18 19 19A 20 21 22 23 24 Part 5 24L 25 26 27 Part 6 27A 2 Land Regulation 1995 Step 2—consult with public about proposed adoption . . . . . . . . . Step 3—give public access to model by-law proposed to be adopted ..................................... Step 4—consider all written submissions. . . . . . . . . . . . . . . . . . . Step 5—decide whether to proceed with adopting model by-law. Step 6—adoption of model by-law proposed to be adopted. . . . . Step 7—give public notice of adopted model by-law . . . . . . . . . . Making land available How ballot must be conducted—Act, s 119 . . . . . . . . . . . . . . . . . Rents Meaning of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Categories of leases for rent assessment—Act, s 182 . . . . . . . . Category 1 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 3.1 and 3.2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 4 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 5 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 6 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 7 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 8.1 and 8.2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 9.1 and 9.2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category 10.1, 10.2 and 10.3 leases . . . . . . . . . . . . . . . . . . . . . . Prescribed matters for calculating rent—Act, s 183 . . . . . . . . . . . Prescribed percentage for protection against undue rental increases—Act, s 183AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum rent for lease—Act, s 183 . . . . . . . . . . . . . . . . . . . . . . . Residential hardship concession criteria—Act, ss 187 and 459. . When rent is payable—Act, s 190 . . . . . . . . . . . . . . . . . . . . . . . . When instalments are payable—Act, s 190 . . . . . . . . . . . . . . . . . Where rent and instalments are payable—Act, s 190 . . . . . . . . . Registration and dealings Land for which register to be kept—Act, s 276. . . . . . . . . . . . . . . Number of executed copies of a document to be lodged—Act, s 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons who may witness execution of a document—Act, s 310. Guidelines for subletting without Minister’s approval—Act, s 333 General Required time for trespass notice—Act, s 406(4). . . . . . . . . . . . . 16 17 17 18 18 19 19 21 21 22 22 23 23 24 24 25 25 26 26 26 27 27 28 28 29 30 30 31 31 31 32

3 Land Regulation 1995 28 Part 7 30 31 32 33 34 35 36 Part 8 37 38 39 Part 9 40 41 42 43 44 45 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Part 1 1 2 3 4 Part 2 5 Different periods for filing notice of appeal for particular decisions—Act, s 428 ............................. Continued rights and tenures Discount applying for pre-Wolfe freeholding lease—Act, s 457 . . Minimum instalments—Act, ss 457, 462 and 466 . . . . . . . . . . . . Interest rate for instalments under post-Wolfe freeholding lease—Act, s 462 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest rate for instalments under grazing homestead freeholding lease—Act, s 466 . . . . . . . . . . . . . . . . . . . . . . . . . . . Discount applying for grazing homestead freeholding lease—Act, s 466 ............................. Discount for payment of purchase price on conversion of lease—Act, s 469 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When freeholding lease may not be subdivided—Act, s 489 . . . . Miscellaneous Interest rate prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for meeting minimum instalments—Act, section 507 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residential leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leases other than residential leases . . . . . . . . . . . . . . . . . . . . . . Adjustment increase for whole year reduced term . . . . . . . . . . . . Retention of original term for discount purposes . . . . . . . . . . . . . Discount applying to pre-Wolfe freeholding lease . . . . . . . . . Discount applying to grazing homestead freeholding lease . Interest rates prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amounts prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model by-law about business and management of trust land Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment and duties of officers Appointment of chairperson, secretary and treasurer of trust . . . 32 33 33 33 34 34 35 35 35 36 36 36 37 37 38 38 38 39 41 42 43 44 47 47 47 47 47 48

4 Land Regulation 1995 6 7 8 Part 3 9 10 11 12 13 Schedule 8 Part 1 1 2 3 Part 2 4 5 6 Schedule 9 Part 1 1 2 3 4 5 6 Part 2 7 8 9 10 11 12 13 14 15 16 Duration of appointment of chairperson, secretary and treasurer Duties of the secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of the treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings of trust members Times and places of meetings for trust members . . . . . . . . . . . . Chairperson to preside at meetings for trust members . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model by-law about financial management of trust land . . . . General Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial management Financial management by 1 trust member . . . . . . . . . . . . . . . . . . Financial management by 2 or more trust members . . . . . . . . . . Public liability insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model by-law about protection and use of trust land . . . . . . General Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of trustee to regulate use etc. of trust land by notices. . . . References to person acting on behalf of the trustee. . . . . . . . . . General activities Entry to trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lighting fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Activities causing damage to trust land or improvements . . . . . . Trespass on closed areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicles on trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 49 49 50 50 50 50 51 52 52 52 52 53 53 54 55 55 55 55 55 56 57 57 58 58 58 59 59 61 61 62 63

5 Land Regulation 1995 17 18 19 Part 3 20 21 22 Part 4 23 24 Schedule 10 Part 1 1 2 3 4 Part 2 5 Part 3 6 7 8 Part 4 9 10 11 Schedule 11 Part 1 1 2 3 4 5 Part 2 6 Control of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selling things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Navigational purposes Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicles on closed areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damage to or interference with navigational equipment . . . . . . . Drainage purposes Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damage to or interference with land or works . . . . . . . . . . . . . . . Model by-law about consumption of liquor . . . . . . . . . . . . . . General Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to person acting on behalf of the trustee. . . . . . . . . . Consumption of alcohol Consumption of liquor in certain places prohibited . . . . . . . . . . . Designated places for the consumption of alcohol Trustee may designate trust land for liquor consumption . . . . . . . Trustee must advertise designation and place signs . . . . . . . . . . Trustee must advertise revocation or amendment of designation and remove or change signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved places for consumption of alcohol Application for trustee consent as an approved place . . . . . . . . . Approved places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions about complying with approval conditions . . . . . . . . . . Model by-law about cemeteries, crematoriums and mortuaries .................................. General Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of trustee to regulate use etc. of trust land by notices . . . . References to person acting on behalf of trustee. . . . . . . . . . . . . Grounds of the trust land Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 64 65 65 65 66 66 66 67 67 67 67 68 69 69 69 70 71 72 72 73 73 73 73 74 75 75

6 Land Regulation 1995 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Part 3 23 24 25 No disposal of remains without approval of trustee . . . . . . . . . . . Disturbance of remains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards for coffins, niches and vaults etc. . . . . . . . . . . . . . . . . Approval necessary for memorials . . . . . . . . . . . . . . . . . . . . . . . . Records for cemetery and crematorium to be kept by trustee . . . Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interference with funeral or commemorative services . . . . . . . . . Interference with grave etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicles to be used on formed roadways only . . . . . . . . . . . . . . . Activities causing damage to trust land or improvements . . . . . . Selling things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds of the trust land open to public at certain times . . . . . . . Placement of flowers and tokens on graves etc. . . . . . . . . . . . . . Mortuary Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mortuary records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority necessary to enter mortuary . . . . . . . . . . . . . . . . . . . . . 75 76 76 78 79 80 80 80 81 81 81 81 82 82 82 82 83 83 84 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 85 85 86 86 90 95

s1 7 s3 Land Regulation 1995 Land Regulation 1995 [as amended by all amendments that commenced on or before 1 August 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the Land Regulation 1995 . 2 Commencement This regulation commences on 1 July 1995. 2A Definition In this regulation— recognised management practice , for a matter, means a management practice accepted generally as an appropriate management practice for the matter. Part 2 Reserves and deeds of grant in trust Division 1 Guidelines for trustee permits 3 Purpose of division This division prescribes, for section 60(2) of the Act, the guidelines with which a trustee permit must not be inconsistent.

s4 8 s4 Land Regulation 1995 4 Guidelines for trustee permits—Act, s 60(2) A trustee permit for the use of all or part of trust land— (a) must state that the Minister or the trustee must give the permittee 28 days notice of the Minister’s or the trustee’s intention to cancel the permit; and (b) must not be issued for a continuous period of longer than— (i) if the Minister has given approval for a period of more than 3 months—3 years; or (ii) if subparagraph (i) does not apply—3 months; and (c) may not be issued for a part of the trust land that is the subject of a trustee lease; and (d) must not allow the construction of structural improvements; and (e) may allow the modification or use of existing structural improvements; and (f) if there is a management plan for the trust land under section 48 of the Act—must be consistent with the management plan; and (g) must state that it is a condition of the trustee permit that the permittee holds the permit so that the trust land may be used for the community purpose for which it was dedicated or granted in trust without undue interruption or obstruction; and (h) must state the permittee’s permitted use of the trust land; and (i) must not give a right— (i) to renew the permit; or (ii) to be given a more secure tenure over the trust land; and (j) must not allow the permittee to transfer, sublet or mortgage the permittee’s right to use the trust land.

s 5 9 s 5C Land Regulation 1995 Division 2 Statutory bodies exemption 5 Statutory bodies to which rent expenditure limitation does not apply—Act, s 63(4) A port authority under the Transport Infrastructure Act 1994 , is a prescribed statutory body for section 63(4)(b) of the Act. Division 3 Guidelines for trustee leases 5A Purpose of division This division prescribes, for section 64(2) of the Act, the guidelines with which a trustee lease must be consistent. 5B Interpretation In this division— lease land means the part of trust land that is the subject of a trustee lease. trustee lease means a lease of all or part of trust land. 5C Establishing the circumstances of the trustee lease A trustee lease must state— (a) that the lease is a lease given by the trustee of trust land; and (b) the document identification number for the written authority given by the Minister under section 64(1) of the Act, dispensing with the need to obtain the Minister’s approval for trustee leases; and (c) the date on which the written authority mentioned in paragraph (b) took effect; and (d) the name of the trustee giving the lease of the trust land; and (e) the particulars of the gazette notice or notices under which the Minister appointed the trustees; and

s 5C 10 s 5C Land Regulation 1995 (f) the community purpose for which the trust land was dedicated as a reserve or granted in trust; and (g) the lot on plan description of the trust land; and (h) the area of the trust land; and (i) the particulars of the order in council or proclamation under which the trust land was dedicated as a reserve or granted in trust; and (j) if the order in council or proclamation mentioned in paragraph (i) has been amended the date on which and the page or pages at which the most recent amending order in council or proclamation was published in the gazette; and (k) if the lessee is only 1 person—the name of the person; and (l) if the lessee consists of 2 or more persons— (i) the name of each person; and (ii) whether the persons hold the lease as joint tenants or tenants in common and, if as tenants in common, each person’s share; and (m) the term of the lease; 1 and (n) when the term of the lease starts; and (o) whether the lease relates to all or part of the trust land; and (p) if the lease relates to part only of the trust land— (i) the area of the lease land; and (ii) the position of the lease land in relation to a location, marked on the boundary of the trust land, shown on the plan of the whole trust land to be attached to the lease document. 1 Under section 61 (Conditions on trustee leases and trustee permits) of the Act, a trustee lease must not be for more than 30 years.

s 5D 11 s 5E Land Regulation 1995 5D Establishing the uses of the lease land A trustee lease must state— (a) the lessee’s proposed use of the lease land; and (b) that it is a condition of the lease that the lessee holds the lease so that the trust land may be used for the community purpose for which it was dedicated or granted in trust without undue interruption or obstruction; and (c) if there is a management plan for the lease land under section 48 of the Act—that the uses of the land must be consistent with the management plan; and (d) the purposes for which the trustee or lessee may prohibit, or impose conditions on, access to the lease land by the public; and (e) that pedestrians may enter the lease land in daylight hours unless the lease land is being used by the lessee; and (f) the conditions on which activities on the lease land may be conducted; and (g) that the trustee, as lessor, reserves the right to permit a person or an entity other than the lessee to use the lease land for a purpose consistent with the community purposes for which the trust land was dedicated or granted in trust but in a way likely to cause as little disruption as practicable to the lessee’s use of the land; and (h) the conditions for the parking of motor vehicles on the lease land, including any prohibition of parking. 5E Establishing the rent for the trust land (1) A trustee lease must state— (a) the amount of the starting rent for the lease, or the method by which the starting rent for the lease is to be calculated; and (b) the period for which the starting rent is payable; and

s 5F 12 s 5F Land Regulation 1995 (c) the amount or amounts of rent (other than the starting rent) payable by the lessee during the term of the lease or the method by which each amount of rent payable is to be calculated; and (d) the period for which each amount of rent mentioned in paragraph (c) is payable. (2) In this section— starting rent , for a lease, means the rent payable by the lessee under the lease at the start of the term of the lease. 5F Establishing obligations about improvements and maintenance of the lease land A trustee lease must state— (a) any obligations the lessee has to fence the whole or part of the lease land; and (b) that the erection of high security fencing must be limited to the fencing of— (i) an area adjacent to and around each structural improvement or sporting or recreational facility; and (ii) any other area specifically authorised by the trustee to be fenced by high security fencing; and (c) if vehicular access to the lease land is to be limited— (i) that the fencing of the lease land must not be greater than 1m high; and (ii) that the fencing must include gates and openings to allow pedestrian access to the lease land; and (d) all of the following— (i) whether, on termination of the lease, other than because of cancellation under the Act, the lessee has the right to remove the improvements constructed by the lessee on the lease land; (ii) the period, which must be reasonable in the circumstances, within which the improvements may be removed;

s 5G 13 s 5G Land Regulation 1995 (iii) the party taken to own any improvements that may be removed but are not removed; and (e) that the lessee must keep the lease land, and the improvements on the lease land, in a sound, clean and sanitary condition; and (f) that the lessee must— (i) clear the lease land of noxious plants as soon as practicable after the term of the lease starts; and (ii) keep the lease land free from noxious plants during the term of the lease. 5G Miscellaneous lease provisions A trustee lease— (a) must require the trustee to take out and maintain a public liability insurance policy applying to the trust land complying with the following requirements— (i) the policy must be in the name of the Minister, the trustee and the lessee for their respective liabilities; (ii) the insurer under the policy must be authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business; (iii) the cover under the policy must include loss or damage to property and death of or injury to persons; (iv) the cover under the policy must be for an amount considered appropriate by the trustee in the circumstances of the likely use of the trust land; and (b) must include an endorsement that is completed, signed and dated by the trustee and is in the following form or to the effect of the following form— ( Insert—usual style of execution clause for trustee ) , being a trustee authorised by the Minister under instrument of authority number ( insert—number of authority ) dated ( insert—date of authority ) to dispense with the need to obtain the Minister’s approval.

s 5H 14 s 5H Land Regulation 1995 5H Certain matters to be drawn to lessee’s attention A trustee lease must include an information section in which the following is drawn to the lessee’s attention— (a) that if the lease land is all or part of the land comprising a reserve and the Minister, by gazette notice, revokes the reserve under section 33 of the Act, the trustee lease is cancelled under section 34F(c) of the Act from the day the revocation is notified in the gazette; (b) that if the lease land is all or part of the land comprising a deed of grant in trust and the Governor in Council, by gazette notice, cancels the deed of grant in trust under section 38(1) of the Act, the trustee lease is cancelled, under section 38(3) of the Act, from the day the cancellation is published in the gazette; (c) that under section 58(1) of the Act, a transfer, mortgage or sublease of the lease requires the trustee’s written approval; (d) that under section 61(2) of the Act, a trustee lease must not contain a covenant, agreement or condition— (i) to renew the lease; or (ii) to convert to another form of tenure (including freehold); or (iii) to buy all or part of the lease land; (e) that under section 65(1) of the Act, the trustee may cancel the lease if the lessee does not comply with the conditions of the lease; (f) that under section 65(2) of the Act, the Minister may cancel the lease if— (i) the lessee does not comply with the conditions of the lease; or (ii) the Minister is satisfied cancellation would be in the public interest; (g) that under section 65(3) of the Act, if the lease is cancelled no person has a right to a claim for compensation.

s 5I 15 s 5L Land Regulation 1995 Part 2A Model by-laws for trust land Division 1 Model by-laws 5I Model by-laws—Act, s 56 For section 56 of the Act, the model by-laws prescribed for trust land are in schedules 7 to 11. Division 2 Adopting model by-laws 5J Purpose of division This division prescribes, for section 56(7) of the Act, the way for a trustee to adopt a model by-law. 5K Definitions In this division— consultation period see section 5M(1). trust land means the land for which— (a) the trustee has been appointed trustee; and (b) the model by-law is being adopted. 5L Step 1—propose to adopt a model by-law (1) The trustee may— (a) if the trustee consists of only 1 person—decide to propose to adopt a model by-law for the trust land; or (b) if the trustee consists of 2 or more persons—decide, by resolution, to propose to adopt a model by-law for the trust land. (2) If a decision is made under subsection (1)(a), the trustee must record the decision in the books for recording trust business.

s 5M 16 Land Regulation 1995 s 5M (3) If a decision is made under subsection (1)(b), the trustee must record the resolution in the minutes book kept for recording trust business. 5M Step 2—consult with public about proposed adoption (1) The trustee must consult with the public about the proposed adoption of the model by-law for at least 21 days (the consultation period ). (2) The consultation period begins on the day when the notice mentioned in subsection (3) is first published under subsection (3)(a). (3) A notice about the proposed adoption of the model by-law— (a) must be published at least once in a newspaper circulating generally in the area in which the trust land is situated; and (b) if the trustee considers publication in the way mentioned in paragraph (a) may not adequately bring the notice to the attention of the public—must be displayed in a conspicuous place on the trust land to which the public has ready access, for all or part of the consultation period. (4) The notice must state the following— (a) the name of the trustee proposing to adopt the model by-law; (b) the property description for the trust land; (c) that the trustee proposes to adopt a model by-law; (d) the name of the model by-law; (e) the purposes and general effect of the model by-law; (f) the length of the consultation period and the first and last days of the period; (g) that a copy of the model by-law may be inspected on or before the last day of the consultation period, and where it may be inspected;

s 5N 17 s 5O Land Regulation 1995 (h) that a copy of the model by-law may be purchased on or before the last day of the consultation period, where it may be purchased and the cost of purchase; (i) that a written submission by any person supporting or objecting to the proposed model by-law may be made and may be given to the trustee at the address shown on the notice on or before the last day of the consultation period. 5N Step 3—give public access to model by-law proposed to be adopted (1) On the first day of the consultation period and until the end of the last day of the consultation period a copy of the model by-law must be open for inspection at the location stated in the notice about the proposed adoption of the model by-law. (2) Copies of the model by-law must be available for purchase at a price of no more than the cost to the trustee of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. 5O Step 4—consider all written submissions (1) The trustee must consider every submission properly made to the trustee. (2) A submission is properly made to the trustee if— (a) it is the written submission of a person about the proposed adoption of the model by-law; and (b) it states— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds; and (c) it is given to the trustee on or before the last day of the consultation period.

s 5P 18 s 5Q Land Regulation 1995 5P Step 5—decide whether to proceed with adopting model by-law (1) After considering every submission properly made to the trustee, the trustee must decide whether to proceed with the adoption of the model by-law. (2) However, if the trustee consists of 2 or more persons, the trustee must make the decision by resolution. (3) If the trustee consists of only 1 person, the decision whether to proceed must be recorded in the books for recording trust business. (4) If the trustee consists of 2 or more persons, the resolution for the decision whether to proceed must be recorded in the minutes book kept for recording trust business. (5) The trustee must start again at step 1 if the trustee decides not to proceed with the adoption of the model by-law but later proposes to adopt the model by-law. 5Q Step 6—adoption of model by-law proposed to be adopted (1) This section applies if the trustee decides to proceed with the adoption of the model by-law proposed to be adopted. (2) The trustee must decide to adopt the model by-law. (3) However, if the trustee consists of 2 or more persons, the trustee must make the decision by resolution. (4) If the trustee consists of only 1 person, the decision to adopt the model by-law must be recorded in the books for recording trust business. (5) If the trustee consists of 2 or more persons, the resolution for the decision to adopt the model by-law must be recorded in the minutes book kept for recording trust business. (6) As soon as practicable after adopting the model by-law, the trustee must— (a) give a copy of the decision or resolution, and a copy of the model by-law, to the Minister; and

s 5R 19 Land Regulation 1995 s6 (b) publish a notice about the adoption of the model by-law at least once in a newspaper circulating generally in the area in which the trust land is situated; and (c) if the trustee considers publication in the way mentioned in paragraph (b) may not adequately bring the notice to the attention of the public—must be displayed in a conspicuous place on the trust land to which the public has ready access, for a period of at least 7 days. (7) The notice must state the following— (a) the name of the trustee adopting the model by-law; (b) the property description of the trust land; (c) the name of the model by-law adopted; (d) the purposes and general effect of the model by-law; (e) that a copy of the model by-law is to be given to the Minister; (f) that the trustee is to arrange for the adoption of the model by-law to be published in the gazette. 5R Step 7—give public notice of adopted model by-law (1) As soon as practicable after the trustee gives the Minister a copy of the model by-law under section 5Q(6)(a), the trustee must arrange for the adoption of the model by-law to be published in the gazette. (2) The model by-law takes effect for the trust land— (a) on the day its adoption is published in the gazette; or (b) if a later day is stated in the gazette for the model by-law to take effect—on the stated day. Part 3 Making land available 6 How ballot must be conducted—Act, s 119 (1) For section 119 of the Act, this section prescribes the way a

s 6 20 s 6 Land Regulation 1995 ballot must be conducted. (2) Applications for inclusion in a ballot must be numbered consecutively in the order they are received. (3) A list of all applicants and their application numbers must be— (a) sent to each applicant with information about the time and place the ballot is to be conducted; and (b) publicly displayed at the ballot. (4) The chief executive must conduct the ballot. (5) The chief executive must appoint an independent observer who is not an applicant, a spouse, other relative or close associate of an applicant or an officer of the department. (6) The chief executive must provide— (a) sufficient numbered marbles or other similar things ( marbles ) with the numbers 6 and 9 underlined; and (b) separate containers for units, tens, hundreds, thousands and so on as necessary for the number of applications received. (7) Each container must contain the number of marbles (numbered from 0 to 9) necessary for the number of applications received. (8) The marbles and containers must be available for inspection, by any person attending the ballot, before each draw. (9) The chief executive must draw a marble from each container. (10) The number on each marble must be announced as it is drawn and the number confirmed by the independent observer. (11) If the complete number drawn does not have a corresponding application according to the published list, all marbles must be replaced and another draw conducted. (12) If the complete number drawn has a corresponding application number, the applicant for the application is the winner of the draw. (13) Immediately after each draw—

s 7 21 s 8 Land Regulation 1995 (a) both the chief executive and the independent observer must inspect the containers to confirm that the correct number of marbles remains; and (b) the containers and the remaining marbles must be made available for inspection by any person attending the ballot. (14) If the containers do not contain the correct number of marbles, the draw is invalid and must be conducted again. (15) Within 7 days after the ballot, the chief executive must— (a) notify the winner of the ballot of the result; and (b) publish the result of the ballot in a newspaper circulating in the locality of the draw. (16) If more than 1 parcel of land is to be made available by ballot, the marbles must be replaced in the containers and a separate draw conducted for each parcel. (17) Unless the sale notice mentions that an applicant may win more than 1 parcel of land in a ballot, the name of an applicant who has been successful in a draw must be removed from the list of applicants before another draw is conducted. Part 4 Rents 7 Meaning of lease In this part— lease means lease, licence or permit. 8 Categories of leases for rent assessment—Act, s 182 For section 182(1) of the Act, the following categories of leases are prescribed— (a) category 1—grazing and agriculture; (b) category 2—intensive (non-broadhectare) primary production;

s 9 22 s 10 Land Regulation 1995 (c) category 3.1—residential and rural residential; (ca) category 3.2—private (non-commercial) uses; (d) category 4—commercial and industrial; (e) category 5—industrial (DTSBI); (f) category 6—charitable and non-commercial community service organisations; (g) category 7—communications sites; (h) category 8.1—public utilities; (ha) category 8.2—government held tenures; (i) category 9.1—tourism (mainland); (j) category 9.2—tourism (island); (k) category 10.1—sporting and (gaming—Gaming Machine Act); recreation (l) category 10.2—sporting and recreation (liquor—Liquor Act, but not gaming); (m) category 10.3—sporting and recreation (non-gaming, non-liquor). 9 Category 1 leases (1) A lease is a category 1 lease if, under its conditions it may be used primarily for, and it is being used primarily for, grazing or broadhectare agriculture. (2) In addition, a lease for grazing purposes over a state forest or a reserve is a category 1 lease. 10 Category 2 leases (1) A lease is a category 2 lease if it is not a category 1 lease or a category 3 lease and, under its conditions may be used for, and it is being used for, intensive (non-broadhectare) primary production. (2) In subsection (1)— intensive (non-broadhectare) primary production includes the growing of cane, coffee, tea, tobacco, fruit, vegetables,

s 11 23 s 12 Land Regulation 1995 flowers and other horticultural products, viticulture, the farming of pigs and poultry, the farming of cattle in feedlots and aquaculture, including oyster farming. 11 Category 3.1 and 3.2 leases (1) A lease is a category 3.1 lease if, under its conditions it may be used solely for, and it is being used solely for, a single dwelling house. (2) A lease that would be a category 1 lease or a category 2 lease is a category 3.1 lease if— (a) it is located close to a city, township or closely settled area; and (b) a dwelling house is, or under the lease, could be, erected on it; and (c) its market value would be based on its value as land able to be used for residential purposes. (3) A special lease for grazing purposes, issued under the repealed Act, is a category 3.1 lease if— (a) a dwelling house is, or under the lease could be, erected on the land; and (b) the lease is not a category 1 lease. (4) A lease is a category 3.2 lease, if— (a) under its conditions the lease may be used and is being used for, private, non-commercial purposes; and (b) the lease does not fulfil the requirements for another category. Examples of private, non-commercial purposes — storage of a motor vehicle, boat or equipment, owned or leased by the lessee, and used only for the private and non-commercial purposes of the lessee 12 Category 4 leases A lease is a category 4 lease only if—

s 13 24 s 14 Land Regulation 1995 (a) under its conditions the lease may be used for, and it is being used for, commercial, industrial or business purposes; and (b) the lease does not fulfil the requirements for another category. 13 Category 5 leases A lease over land located at a place ordinarily known as a DTSBI industrial estate is a category 5 lease. 14 Category 6 leases (1) A lease is a category 6 lease only if— (a) the lessee is— (i) a charitable organisation or non-commercial community service organisation; and (ii) an organisation whose constitution does not permit its profits to be distributed to its members; and (iii) not a sporting or recreational organisation; and (b) the lease is used for providing— (i) services that are charitable in nature; or (ii) services that are non-commercial in nature and are aimed at improving community welfare or safety; and (c) the lease does not fulfil the requirements for another category. Examples of services under paragraph (b)(ii) — services provided by surf lifesaving clubs (without full community club liquor or gaming licences), scouts and guides associations and volunteer emergency service organisations including, for example, marine rescue and coast guard organisations (2) Despite subsection (1), a lease is also a category 6 lease if— (a) the lease is held by the State or a local government for a non-commercial community organisation; and

s 15 25 s 16 Land Regulation 1995 (b) the lease is used by the organisation for providing community services, on a non-commercial basis, aimed to improve community welfare or safety; and (c) the lease does not fulfil the requirements for another category. Examples of organisations under paragraph (a) — Rural Fire Brigades and the State Emergency Service 15 Category 7 leases A lease is a category 7 lease if— (a) under its conditions the lease may be used for, or it is being used for, the provision, relay or transmission of telephonic, television, radio or other electronic communication services for commercial, domestic, emergency or essential service activities; or (b) the lease is being used in conjunction with an activity mentioned in paragraph (a). 16 Category 8.1 and 8.2 leases (1) A lease is a category 8.1 lease only if its use provides benefit to the community or the public free of charge or at nominal cost. (2) A lease is a category 8.2 lease if— (a) the lessee is a government leasing entity; and (b) the use of the lease is essential for the conduct of the lessee’s core business. Examples of a lessee’s core business — operating hospitals, police stations, schools and offices and depots (3) In this section— government company means a corporation incorporated under the Corporations Law all the stock or shares in the capital of which is or are beneficially owned by the State. government leasing entity means— (a) the State or the Commonwealth; or

s 17 26 s 19 Land Regulation 1995 (b) a Commonwealth or State authority, instrumentality or body corporate; or (c) a government company; or (d) a GOC; or (e) a local government. 17 Category 9.1 and 9.2 leases A lease is a category 9.1 or category 9.2 lease only if it is a lease for, or ancillary to, a major tourist facility or a major resort development. 18 Category 10.1, 10.2 and 10.3 leases A lease is a category 10.1, 10.2 or 10.3 lease, whether or not it fulfils the requirements for a different category, if— (a) the lessee is a sporting and recreational organisation; and (b) the lessee’s constitution does not permit its profits to be distributed to its members; and (c) the lease is used for sporting and recreational purposes. 19 Prescribed matters for calculating rent—Act, s 183 (1) For section 183(1) of the Act, the prescribed valuation for rental purposes for a lease, licence or permit of any category in relation to the rental period starting on 1 July 2007 is the most recently made valuation for rental purposes. (2) For section 183(1) of the Act, the following rates are prescribed— (a) for a category 1 lease—1.5%; (b) for a category 2, 3.1 or 3.2 lease—3%; (c) for a category 4 or 5 lease— (i) if the lease started before 1 July 1997, with a prescribed rate of less than or equal to 4.6% for the rental period ending 30 June 1997—4.6% for the rental period starting on 1 July 1997, and 5% on

s 19A 27 Land Regulation 1995 s 20 and from 1 July 1998; or (ii) if the lease started before 1 July 1997, with a prescribed rate of more than 4.6% for the rental period ending 30 June 1997—5% on and from 1 July 1997; or (iii) if the lease starts on or after 1 July 1997—5%; (d) for a category 6 lease—0.5%; (e) for a category 7 lease—5%; (f) for a category 8.1 lease—1%; (g) for a category 8.2 lease—5%; (h) for a category 9.1 lease—5%; (i) for a category 9.2 lease—4%; (j) for a category 10.1 lease—5%; (k) for a category 10.2 lease—3%; (l) for a category 10.3 lease—1%. 19A Prescribed percentage for protection against undue rental increases—Act, s 183AA For section 183AA(2) of the Act, the prescribed percentage for a category 1, category 6 or category 10 lease, licence or permit is 20%. 20 Minimum rent for lease—Act, s 183 For section 183(4) of the Act, the minimum rent for a lease is— (a) for a category 7 lease for— (i) commercial use of a digital radio concentrator or VHF, UHF (narrow band) or HF aerials and masts—$2500; or (ii) commercial use of UHF (broad band), a microwave relay station, a satellite communication earth station or a cable regeneration facility—$5000; or

s 21 28 s 22 Land Regulation 1995 (iii) emergency or essential services use of a facility mentioned in subparagraph (i) or (ii)—$100; and (b) subject to paragraphs (c), (d) and (e), for a category 1, 2, 3.1, 3.2, 5, 8.1, 8.2, 9.1, 9.2, 10.1 or 10.2 lease—$150; and (c) for a category 1, 2, 3.1, 3.2, 5, 8.1, 8.2, 9.1, 9.2, 10.1 or 10.2 lease, if the lease is a special lease taken under section 476 of the Act to be a term lease—$75; and (d) for a category 1, 2, 3.1, 3.2, 5, 8.1, 8.2, 9.1, 9.2, 10.1 or 10.2 permit—$75; and (e) for a category 1, 2, 3.1, 3.2, 5, 8.1, 8.2, 9.1, 9.2, 10.1 or 10.2 licence (other than a licence taken under section 480 of the Act to be a licence issued under the Act)—$75; and (f) for a category 4 lease—$100; and (g) for a category 6 or 10.3 lease—$75. 21 Residential hardship concession criteria—Act, ss 187 and 459 For section 187(1)(b) and 459(1)(b), the criteria prescribed are— (a) the lessee holds, or is entitled to hold, a Commonwealth concession card; or (b) the net value of the lease constitutes a significant proportion of the net value of all property owned by the lessee; or (c) the annual rent or instalment payable under the lease is a significant proportion of the lessee’s annual income. Example for paragraph (a) — a pensioner health benefits card 22 When rent is payable—Act, s 190 (1) For section 190(1) of the Act, the time by which rent must be paid for a development lease issued under part 9, division 1 of the repealed Act is on or before 1 January of the calendar year

s 23 29 s 23 Land Regulation 1995 for which the rent is payable. (2) For section 190(1) of the Act, the time by which rent must be paid for a lease other than a lease mentioned in subsection (1) is on or before 1 September of the financial year for which the rent is payable. 23 When instalments are payable—Act, s 190 (1) For section 190(1) of the Act, this section prescribes the time by which instalments must be paid. (2) The prescribed time for a pre-Wolfe freeholding lease that is one of the following leases is on or before 31 March of the calendar year for which the instalment is payable— (a) a perpetual lease selection issued under part 4, division 2 of the repealed Act; (b) an agricultural farm issued before 31 December 1991 under part 4, division 1 of the repealed Act; (c) a grazing homestead freeholding lease issued under part 4, division 5 of the repealed Act because the application for conversion was received before 5 February 1990; (d) an auction perpetual lease that is a perpetual country, suburban or town lease issued under part 7, division 2 of the repealed Act. (3) The prescribed time for a pre-Wolfe freeholding lease is on or before the quarter day that is the anniversary of the quarter day on which the lease commenced, if the lease is a perpetual country, suburban or town lease that was taken to be, under part 7, division 3 of the repealed Act, a lease for a term of years subject to a covenant entitling the lessee to the issue of a deed of grant if an application was received— (a) before 5 February 1990; or (b) for leases issued under the Industrial Development Act 1963 —before 3 October 1991. (3A) An instalment payable by the prescribed time mentioned in subsection (3) is for the year ending on the day immediately before the quarter day on or before which the instalment is payable.

s 24 30 s 24L Land Regulation 1995 (4) The prescribed time for a pre-Wolfe freeholding lease that is a mining titles freeholding lease is on or before 31 December for the calendar year beginning on the following 1 January. (5) The prescribed time for any other freeholding lease is on or before the anniversary of the day on which the lease started. (6) An instalment payable by the prescribed time mentioned in subsection (5) is for the year ending on the day immediately before the anniversary on or before which the instalment is payable. 24 Where rent and instalments are payable—Act, s 190 For section 190(1) of the Act, the place at which rent and instalments must be paid is an office of the department or a place mentioned on the account setting out the rent or instalment payable. Part 5 Registration and dealings 24L Land for which register to be kept—Act, s 276 (1) Harbours corporation land is prescribed for section 276(f) of the Act. (2) In this section— continuing powers means powers mentioned in the Harbours Act 1955 , section 64 or 196 as in force immediately before the commencement of the Transport Infrastructure Act 1994 , section 232. harbours corporation land means the land for which, under the Transport Infrastructure Act 1994 , section 232(3) (including under a decision of the Governor in Council), the Minister, may exercise continuing powers for the State.

s 25 31 s 27 Land Regulation 1995 25 Number of executed copies of a document to be lodged—Act, s 290 For section 290 of the Act, the prescribed number of executed copies of a document is— (a) if the document is for an easement affecting land in more than 1 register in the land registry—2 copies; and (b) if paragraph (a) does not apply—1 copy. Example of paragraph (a) — an easement burdening a lease and benefiting freehold land 26 Persons who may witness execution of a document—Act, s 310 For section 310(2)(b) of the Act, the following persons may witness execution of a document— (a) a notary public; (b) a justice of the peace; (c) a commissioner for declarations or for taking affidavits; (d) a lawyer; (e) a conveyancer; (f) a person approved by the registrar of titles under the Land Title Act 1994 , section 161. 27 Guidelines for subletting without Minister’s approval—Act, s 333 The following guidelines are prescribed for section 333(2) of the Act for a sublease of a lease— (a) the areas of both the lease and the sublease must be clearly identified in the sublease; (b) if the lease is mortgaged, the written consent of the mortgagee to the sublease must be endorsed on the sublease; (c) the lessee must ensure that—

s 27A 32 Land Regulation 1995 s 28 (i) the purpose for which the sublease is granted is not inconsistent with the purpose for which the lease was granted; (ii) the term of the sublease is less than the balance of the term of the lease. Part 6 General 27A Required time for trespass notice—Act, s 406(4) (1) For section 406(4) of the Act, the required time for a trespass notice for unlawfully occupying land or having unlawfully done a trespass related act on land is— (a) for a trespass related act that is building, placing or maintaining an improvement, other than a relevant improvement, on the land—28 days; or (b) otherwise—7 days. (2) In this section— relevant improvement means— (a) an outbuilding or fence; or (b) an apparatus for raising, holding or conveying water; or (c) a cultivation, garden, orchard or plantation. Example of outbuilding for paragraph (a) — carport, shed, toilet 28 Different periods for filing notice of appeal for particular decisions—Act, s 428 For section 428(4) of the Act, 14 days is the period for decisions under the following sections of the Act— • section 118(2)—to exclude a person from a ballot or tender • section 160(3)—to refuse a renewal application

s 30 33 s 32 Land Regulation 1995 • section 168(5)—to refuse a conversion application • section 322(5)—not to approve a transfer • section 332(6)—not to approve a sublease. Part 7 Continued rights and tenures 30 Discount applying for pre-Wolfe freeholding lease—Act, s 457 For section 457(1)(d) of the Act, the discount applying if the remaining purchase price of a pre-Wolfe freeholding lease is paid in cash during a lease is the percentage of the purchase price specified in schedule 2, column 2 opposite the balance of the term of the lease in years in column 1. 31 Minimum instalments—Act, ss 457, 462 and 466 For sections 457(1)(e), 462(1)(d) and 466(1)(d) of the Act, the minimum instalments are— (a) for a residential lease—$200; and (b) for any other lease— (i) for instalments that pay out the purchase price of the land—$500; and (ii) for instalments that pay out the purchase price of commercial timber on the land—$500. 32 Interest rate for instalments under post-Wolfe freeholding lease—Act, s 462 For section 462(1)(b) of the Act, the rate of interest applying to instalments under a post-Wolfe freeholding lease is— (a) for an auction purchase freehold issued under the repealed Act on or before 31 December 1991—the fixed rate applying at the time of issue; and

s 33 34 s 34 Land Regulation 1995 (b) for a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 3 October 1991 for a special lease issued— (i) under the repealed Act and the Industrial Development Act 1963 , section 9; or (ii) before the commencement of the Industrial Development Act 1963 —under a recommendation of the Minister administering industrial development; or (iii) subject to a condition about the freeholding of the lease— the fixed rate applying at the time of issue; and (c) for a special lease purchase freehold issued under the repealed Act because of an application for conversion of tenure received before 5 February 1990 for any other special lease—the fixed rate applying at the time of issue; and (d) for any other post-Wolfe freeholding lease—6%. 33 Interest rate for instalments under grazing homestead freeholding lease—Act, s 466 (1) For section 466(1)(b) of the Act, the rate of interest applying to instalments under a grazing homestead freeholding lease is 6%. (2) In this section— grazing homestead freeholding lease means a grazing homestead freeholding lease (other than a pre-Wolfe freeholding lease) used for grazing or agricultural purposes. 34 Discount applying for grazing homestead freeholding lease—Act, s 466 (1) For section 466(1)(c) of the Act, the discount applying if the remaining purchase price of a grazing homestead freeholding lease is paid in cash during the lease is—

s 35 35 s 37 Land Regulation 1995 (a) if, in the Minister’s opinion, the lease has a higher value than for grazing or agriculture—no discount; and (b) if paragraph (a) does not apply—the percentage of the purchase price specified in schedule 3, column 2 opposite the balance of the term of the lease in years in column 1. (2) In this section— grazing homestead freeholding lease has the meaning given by section 33(2). 35 Discount for payment of purchase price on conversion of lease—Act, s 469 For section 469(2) of the Act, the discount to which the lessee is entitled if the lessee elects to pay the purchase price by a single payment for conversion of a grazing homestead perpetual lease to freehold is the percentage of the purchase price specified in schedule 3, column 2 opposite the balance of the term of the lease in years specified in column 1. 36 When freeholding lease may not be subdivided—Act, s 489 For section 489(3)(d) of the Act, the prescribed amount is— (a) if the lessee is receiving a hardship concession or the subdivision is for a family member only—the minimum instalment payable under the lease; and (b) if paragraph (a) does not apply—$5000. Part 8 Miscellaneous 37 Interest rate prescribed The rate of interest prescribed for a section of the Act is the rate shown in schedule 4, column 2 opposite the section shown in column 1 to which the rate applies.

s 38 36 s 40 Land Regulation 1995 38 Amount prescribed The amount prescribed for a section of the Act is the amount shown in schedule 5, column 2 opposite the section shown in column 1 to which the amount applies. 39 Fees (1) The fees payable under the Act are stated in schedule 6. (2) The fee paid on lodgement of a document is forfeited if the document is rejected under section 306(1) of the Act. (3) The fee payable on relodgement of a document under section 306(4) of the Act is half the fee in schedule 6 for lodgement of the document. (4) A fee is not payable for the lodgement and registration of— (a) an instrument of transfer of land to, or acquisition or lease of land by, the State; or (b) a covenant or release of a covenant if the covenantee is the State. Part 9 Arrangements for meeting minimum instalments—Act, section 507 40 Application of pt 9 This part applies to a lease if— (a) section 31 prescribes a minimum instalment (the section 31 instalment ) for the lease; and (b) at the commencement of section 507(3) 2 of the Act, the instalment payable under the lease (the lessee’s instalment ) was less than the section 31 instalment. 2 This section of the Act has expired.

s 41 37 s 42 Land Regulation 1995 41 Operation of pt 9 (1) This part prescribes arrangements for bringing the minimum instalment payable for a lease up to the level of the section 31 instalment. (2) The minimum instalment payable for the lease is the amount determined by— (a) applying section 42 or 43 to the lease to find out the minimum instalment; and (b) if section 44 applies, making an adjustment increase under that section. (3) For applying section 42 or 43— x means the lessee’s instalment. y means the section 31 instalment applying at the time section 42 or 43 is applied. 42 Residential leases (1) This section applies to a residential lease. (2) If y – x is more than $50 but less than or equal to $100, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + $50 • 1 January 1998, y . (3) If y – x is more than $100 but less than or equal to $150, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + $50 • 1 January 1998, x + $100 • 1 January 1999, y . (4) If y – x is more than $150, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + 1 / 3 (y – x) • 1 January 1998, x + 2 / 3 (y – x) • 1 January 1999, y .

s 43 38 s 45 Land Regulation 1995 43 Leases other than residential leases (1) This section applies to a lease other than a residential lease. (2) If y – x is more than $100 but less than or equal to $200, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + $100 • 1 January 1998, y . (3) If y – x is more than $200 but less than or equal to $300, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + $100 • 1 January 1998, x + $200 • 1 January 1999, y . (4) If y – x is more than $300, the minimum instalment is, for the instalment payable on or after— • 1 January 1997, x + 1 / 3 (y – x) • 1 January 1998, x + 2 / 3 (y – x) • 1 January 1999, y . 44 Adjustment increase for whole year reduced term (1) The minimum instalment determined under section 42 or 43 for a lease must be increased to the extent necessary to ensure that the reduced term for the lease is a whole number of years. (2) Subsection (1) does not apply to a mining titles freeholding lease. 45 Retention of original term for discount purposes For applying section 30 to a lease to which this part applies, the balance of the term is taken to be the balance that would have applied if the lessee’s instalment had continued to apply.

39 Land Regulation 1995 Schedule 2 Discount applying to pre-Wolfe freeholding lease section 30 Column 1 Balance of term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Column 2 % 4.76 7.03 9.23 11.35 13.41 15.41 17.34 19.21 21.02 22.78 24.49 26.14 27.74 29.30 30.80 32.26 33.68 35.06 36.39 37.69 38.95 40.17 41.35 Column 1 Balance of term 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Column 2 % 42.51 43.62 44.71 45.77 46.79 47.79 48.76 49.70 50.62 51.51 52.37 53.22 54.04 54.83 55.61 56.37 57.10 57.82 58.52 59.20 59.86 60.50 61.13

40 Land Regulation 1995 Schedule 2 (continued) Column 1 Balance of term 47 48 49 50 51 52 53 Column 2 % 61.74 62.34 62.92 63.49 64.04 64.58 65.11 Column 1 Balance of term 54 55 56 57 58 59 60 Column 2 % 65.62 66.12 66.61 67.09 67.55 68.01 68.45

41 Land Regulation 1995 Schedule 3 Discount applying to grazing homestead freeholding lease sections 34 and 35 Column 1 Balance of term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Column 2 % 2.75 4.05 5.30 6.50 7.66 8.77 9.84 10.87 11.86 12.80 13.71 14.59 15.43 16.23 17.00 Column 1 Balance of term 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Column 2 % 17.74 18.45 19.14 19.79 20.41 21.01 21.58 22.13 22.66 23.16 23.64 24.10 24.54 24.96 25.36

42 Land Regulation 1995 Schedule 4 Interest rates prescribed section 37 Section of Act section 184(4) and (5) section 192(4) section 195(1) section 500(1) section 503I(2) Yearly interest rate prescribed 2% 2% calculated on yearly rests 8.5% calculated on yearly rests 2% calculated on yearly rests 2% calculated on yearly rests

43 Land Regulation 1995 Schedule 5 Amounts prescribed section 38 Section of Act section 47(3) section 184(7) section 191(1) section 499(2)(e) Amount prescribed $2500 $50 $50 $110

44 Land Regulation 1995 Schedule 6 Fees section 39 $ 1 Application for— (a) a conversion of a lease of— (i) town land or suburban land . . . . . . . . . . . . . . . . . 106.50 (ii) other land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 (b) a lease, or a renewal, subdivision or amalgamation of a lease, of— (i) town land or suburban land . . . . . . . . . . . . . . . . . 106.50 (ii) other land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 (c) approval to transfer freehold land under section 174(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.50 (d) the removal of a covenant under section 174(4) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.50 (e) a correction, under section 359 of the Act, of a deed of grant or deed of grant in trust . . . . . . . . . . . . . . . . . 106.50 (f) a permit to occupy under section 177 of the Act . . . . . 106.50 (g) the Minister to dedicate, under section 94 of the Act, unallocated State land as a road for public use . . . . . . 213.00 (h) the Minister to close a road under section 98 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 (i) an exchange of land under section 18 of the Act. . . . . 213.00 (j) a change, under section 358(2) of the Act, to a deed of grant or deed of grant in trust . . . . . . . . . . . . . . . . . . . 213.00 (k) the purchase of land in a reservation under section 24 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 (l) the purchase of land other than land mentioned in paragraph (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 2 Lodging— (a) a document changing the lessee of a lease, the licensee of a licence or an interest in a lease or licence— (i) for 1 lease or licence . . . . . . . . . . . . . . . . . . . . . . 124.20 (ii) for each additional lease or licence . . . . . . . . . . . 26.30

45 Land Regulation 1995 Schedule 6 (continued) $ (b) a surrender of a lease, trustee lease, road licence, occupation licence or permit to occupy . . . . . . . . . . . . nil (c) a standard terms document under section 318 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (d) a plan of survey— (i) for the plan only. . . . . . . . . . . . . . . . . . . . . . . . . . 258.30 (ii) additional fee for each lot or interest surveyed . . 19.80 (e) another document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124.20 (f) a document received through the post, by courier or by document exchange service—additional fee . . . . . 26.30 3 Examination of a sketch plan that is part of a document. . . 33.30 4 Requisition of a document lodged for registration . . . . . . . 33.30 5 Issuing— (a) a deed of grant, other than a deed of grant issued because of an exchange of a native title interest in land under section 18A of the Act, granted to the State or issued under section 358 of the Act . . . . . . . . 53.60 (b) a lease, other than a lease issued under the Act to the State or because of a surrender of a native title interest in land under section 18A of the Act, or licence . . . . . 53.60 (c) a permit to occupy, other than a permit for a term of less than 3 months issued to a non-profit community organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53.60 6 Computer print-out of— (a) the current details of a lease, licence, permit to occupy or reserve generated— (i) within an office of the land registry. . . . . . . . . . . 13.15 (ii) by external access . . . . . . . . . . . . . . . . . . . . . . . . 10.55 (b) the historical details of a lease or licence generated— (i) within an office of the land registry. . . . . . . . . . . 19.90 (ii) by external access . . . . . . . . . . . . . . . . . . . . . . . . 17.25 7 Image of— (a) a lease, licence or permit to occupy generated— (i) within an office of the land registry. . . . . . . . . . . 13.15 (ii) by external access . . . . . . . . . . . . . . . . . . . . . . . . 10.55

46 Land Regulation 1995 Schedule 6 (continued) $ (b) another document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26.70 8 Search of a statement of registered dealing or administrative advice against a lease or licence . . . . . . . . . 2.60 9 Investigative search of the register by an employee of the department (not including providing copies of documents) if the search requires— (a) no additional computer programming time—for each hour or part of an hour . . . . . . . . . . . . . . . . . . . . . . . . . 53.60 (b) additional computer programming time—for each hour or part of an hour . . . . . . . . . . . . . . . . . . . . . . . . . 132.30 10 Certifying a copy of a document mentioned in section 284(1)(b) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26.70 11 Instrument, under section 216 of the Act, resuming a lease or part of a lease or taking an easement over a lease— (a) for 1 lease or part of the lease or easement . . . . . . . . . 142.20 (b) for each additional lease or part of the lease or easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69.20 12 Preparing and serving a notice resuming a lease or part of a lease under section 224 of the Act. . . . . . . . . . . . . . . . . . . . 69.20 13 Instrument amending an instrument resuming a lease or an easement over a lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69.20

47 Land Regulation 1995 Schedule 7 Model by-law about business and management of trust land section 5I Trust Land Business and Management Model By-law 1999 Part 1 Preliminary 1 Short title This model by-law may be cited as the Trust Land Business and Management Model By-law 1999 . 2 Purpose The purposes of this model by-law are— (a) to provide for the conduct of the business and management of the trust; and (b) to provide for the way in which officers are appointed; and (c) to state the duties of the officers. 3 Application This model by-law has effect only if there are 3 or more trust members. 4 Definitions In this model by-law— chairperson means the trust member appointed by the trust members as chairperson of the trust.

48 Land Regulation 1995 Schedule 7 (continued) officer means the chairperson, secretary or treasurer of the trust. secretary means the trust member appointed by the trust members as secretary of the trust. treasurer means the trust member appointed by the trust members as treasurer of the trust. trust means the trust under which the trustee holds the trust land. trust land means the trust land in relation to which the trustee has adopted this model by-law. trust members means the persons for the time being comprising the trustee. Part 2 Appointment and duties of officers 5 Appointment of chairperson, secretary and treasurer of trust (1) The trust members may appoint— (a) 1 of the trust members as chairperson of the trust; and (b) 1 of the trust members as secretary of the trust; and (c) 1 of the trust members as treasurer of the trust. (2) A person who held the office of chairperson, secretary or treasurer of the trust immediately before the commencement of this model by-law is taken to have been appointed to the corresponding office under this model by-law. 6 Duration of appointment of chairperson, secretary and treasurer (1) An officer holds office until the officer resigns from office.

49 Land Regulation 1995 Schedule 7 (continued) (2) However, an officer— (a) may be removed from office by the trust members present at a meeting of the trust members called for the purpose; and (b) ceases to hold office if the officer ceases to be a trust member. 7 Duties of the secretary The secretary must— (a) keep the books and documents relating to the management, other than the financial management, and business of the trust; and (b) keep minutes of each meeting of the trustee; and (c) perform the duties of treasurer if the treasurer is unable, because of illness or otherwise, to perform the treasurer’s duties; and (d) perform any other duties directed by the trust members to be performed by the secretary. 8 Duties of the treasurer The treasurer must— (a) keep the books of account and other documents relating to the financial management of the trust; and (b) present to the trust members the books of account and other documents at the intervals required by the trust members, the intervals not to be more than 12 months; and (c) bank money relating to the trust and held by the trust members; and (d) pay accounts relating to the trust and payable by the trust members; and (e) perform other duties directed by the trust members to be performed by the treasurer.

50 Land Regulation 1995 Part 3 Schedule 7 (continued) Proceedings of trust members 9 Times and places of meetings for trust members (1) The trust members may hold their meetings when and where they decide. (2) However, the trust members must meet at least once every 3 months. 10 Chairperson to preside at meetings for trust members (1) The chairperson presides at all meetings of the trust members at which the chairperson is present. (2) If the chairperson is absent, the trust member chosen by the trust members present at the meeting presides. 11 Quorum at meetings (1) At a meeting of the trust members a quorum is at least half the number of trust members. Examples — 1 If there are 4 trust members, a quorum is 2 . 2 If there are 5 trust members, a quorum is 3. (2) For deciding whether there is a quorum, a trust member who is present— (a) if paragraph (b) does not apply—is counted as 1; or (b) if the trust member also has the proxies of 1 or more absent trust members—is counted as 2. (3) However a meeting is not validly held unless at least 1 officer is present at the meeting. 12 Voting at meetings (1) At a meeting of the trust members—

51 Land Regulation 1995 Schedule 7 (continued) (a) a question is decided by a majority of votes of the trust members who are present either in person or by proxy and who vote; and (b) each trust member has 1 vote on each question to be decided and, if the votes are equal, the trust member presiding has a casting vote. (2) Without limiting subsection (1), if a quorum is present, a decision supported by a majority of the votes of the trust members present and voting is a decision of the trustee. 13 Special meetings (1) The secretary must call a special meeting of the trust members on receiving a written request by the chairperson, or at least 2 trust members, to call the meeting. (2) The secretary must give each trust member at least 24 hours written notice of— (a) the calling of a special meeting of the trust members; and (b) when and where the meeting is to be held; and (c) the nature of the business to be conducted at the meeting.

52 Land Regulation 1995 Schedule 8 Model by-law about financial management of trust land section 5I Trust Land Financial Management Model By-law 1999 Part 1 General 1 Short title This model by-law may be cited as the Trust Land Financial Management Model By-law 1999 . 2 Purpose of by-law The purpose of this model by-law is to provide for the prudent financial management of the business of the trust. 3 Definitions In this model by-law— trust means the trust under which the trustee holds the trust land. trust land means the trust land in relation to which the trustee has adopted this model by-law. trust member means— (a) if the trustee consists of only 1 person for the time being—the person for the time being comprising the trustee; or (b) if the trustee consists of 2 or more persons for the time being—each person for the time being comprising the trustee.

53 Land Regulation 1995 Part 2 Schedule 8 (continued) Financial management 4 Financial management by 1 trust member (1) This section applies if the trustee consists of only 1 trust member. (2) The funds of the trust must be kept in an account (the trust land account ), in the name by which the trustee is described, in a financial institution decided upon by the trust member. (3) The trust member must ensure that all moneys received for the trust are paid into the account as soon as practicable after it is received. (4) All accounts presented for payment by the trust must be approved for payment by the trust by the trust member before they may be paid. (5) An approval under subsection (4) must be recorded in the books or documents kept by the trust member relating to the financial management of the trust. (6) All payments from the trust land account must be made by cheque signed by the trust member. 5 Financial management by 2 or more trust members (1) This section applies if the trustee consists of 2 or more trust members. (2) The funds of the trust must be kept in an account (the trust land account ), in the name by which the trustee is described, in a financial institution decided upon by the trust members. (3) The trust members must ensure that all amounts received for the trust are paid into the account as soon as practicable after the amounts are received. (4) All accounts presented for payment by the trust must be approved for payment by the trust at a meeting of the trust members before they may be paid.

54 Land Regulation 1995 Schedule 8 (continued) (5) An approval under subsection (4) must be recorded in the minutes of the meeting of the trust members. (6) All payments from the trust land account must be made by cheque signed by at least 2 trust members. 6 Public liability insurance The trustee must maintain, or take out and maintain, a public liability insurance policy applying to the trust land and complying with the following requirements— (a) the policy must be in the name of the Minister and the trustee for their respective liabilities; (b) the insurer under the policy must be authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business; (c) the cover under the policy must include loss of or damage to property and death of or injury to persons; (d) the cover under the policy must be for an amount considered appropriate by the trustee in the circumstances of the likely use of the trust land.

55 Land Regulation 1995 Schedule 9 Model by-law about protection and use of trust land section 5I Trust Land Protection and Use Model By-law 1999 Part 1 General 1 Short title This model by-law may be cited as the Trust Land Protection and Use Model By-law 1999. 2 Purpose of by-law The purposes of this model by-law are— (a) to protect the trust land, including buildings on the trust land; and (b) to regulate use of the trust land. 3 Application If part 3 applies to the trust land, section 14 does not apply to the trust land. 4 Definitions In this model by-law— authority , of the trustee, includes a trustee permit. drainage works includes the following— (a) underground stormwater drains; (b) culverts;

56 Land Regulation 1995 Schedule 9 (continued) (c) stormwater retention basins; (d) stormwater detention basins; (e) ponds; (f) channels. motor vehicle has the same meaning as in the Transport Operations (Road Use Management) Act 1995 . navigational equipment means a navigational aid, beacon or device. regulatory notice means a notice erected or displayed under section 5(1). trust land means the trust land in relation to which the trustee has adopted this model by-law. vehicle includes a motor vehicle, trailer, bicycle, carriage, cart, wagon and any other means of transport or conveyance designed for movement upon wheels, whether or not the vehicle is for the time being capable of being operated or used in a normal way. 5 Power of trustee to regulate use etc. of trust land by notices (1) The trustee may, consistently with the community purpose of the trust land, erect or display in relation to the trust land or a part of the trust land notices for regulating or prohibiting— (a) the use of the trust land or the part of the trust land by persons; or (b) the driving on to or from the trust land of vehicles or vehicles included in a stated class of vehicles; or (c) the use in the trust land or the part of the trust land of vehicles or vehicles included in the stated class of vehicles; or (d) the bringing on to the trust land or part of the trust land of all animals or animals included in a stated class of animals.

57 Land Regulation 1995 Schedule 9 (continued) (2) A regulatory notice— (a) may be erected or displayed on, or at or near the entrances to, the trust land or the part of the trust land to which the notice relates; and (b) must state or indicate a particular requirement or particular requirements to be complied with by persons entering, or on, the trust land or the part of the trust land. 6 References to person acting on behalf of the trustee (1) In a provision of this by-law, a reference to a person acting on behalf of the trustee is a reference to a person chosen by the trustee to act on behalf of the trustee under the provision. (2) A person chosen by the trustee to act on behalf of the trustee under a provision must be appropriately qualified to act on behalf of the trustee under the provision. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to act on behalf of the trustee. Part 2 General activities 7 Entry to trust land A person must not, other than under the authority of the trustee, drive a vehicle on to or from the trust land, unless— (a) a regulatory notice designates a gateway or opening as a place for vehicles to enter and leave the trust land; and (b) the person drives the vehicle through the gateway or opening. Maximum penalty—5 penalty units.

58 Land Regulation 1995 Schedule 9 (continued) 8 Behaviour A person must not— (a) act in a way or do anything that unreasonably disturbs, or is likely to disturb, another person’s peaceful use of the trust land; or (b) other than under the authority of the trustee, display, distribute, drop, scatter or throw down a handbill, ticket, notice or any other kind of literature on the trust land. Maximum penalty—5 penalty units. 9 Lighting fires (1) A person must not, on the trust land, light, keep going or use a fire other than in a fireplace or barbecue supplied by the trustee for the use of fire. Maximum penalty—5 penalty units. (2) A person does not commit an offence under subsection (1) if— (a) the person lights or uses a fire in a barbecue, stove or other appliance specially constructed for containing a fire; and (b) the use of the barbecue, stove or other appliance is agreed to by a person acting on behalf of the trustee. 10 Litter (1) A person must not put, or allow to be put, litter on the trust land. Maximum penalty—10 penalty units. (2) A person does not commit an offence under subsection (1) merely because the person— (a) puts litter in a receptacle installed on the trust land for receiving litter; or

59 Land Regulation 1995 Schedule 9 (continued) (b) as an incident of the person’s enjoyment of the trust land, and for no longer than is reasonably necessary for the enjoyment, deposits litter on the trust land other than by depositing it in a receptacle mentioned in paragraph (a). (3) In this section— litter means garbage, refuse or rubbish, whether in a fluid or solid state, and includes anything that causes or contributes to the defacement of the place where it is. put includes the following— (a) deposit; (b) drop; (c) leave; (d) place; (e) throw. 11 Activities causing damage to trust land or improvements (1) A person must not, other than under the authority of the trustee, damage or interfere with— (a) soil, gardens or turf on the trust land; or (b) plants growing on the trust land; or (c) improvements, signs or equipment on the trust land. Maximum penalty—10 penalty units. (2) This section does not apply to damage of or interference with trees. 12 Trespass on closed areas (1) This section applies— (a) if the trustee designates a part (the closed area ) of the trust land, either permanently or only for particular periods, as closed to the public; and

60 Land Regulation 1995 Schedule 9 (continued) (b) regulatory notices clearly indicate— (i) the closed area; and (ii) whether the designation is permanent or, if not, the particular periods when the designation has effect. (2) A person must not enter the closed area— (a) if the designation is, or is to the effect, that the closed area is permanently closed to the public—at any time; or (b) if the designation is, or is to the effect, that the closed area is closed to the public only during particular indicated periods—during the particular indicated periods. Maximum penalty—10 penalty units. Example — 1 The trustee decides to designate a part of the trust land as a closed area for a particular period during which renovations are carried out to the trust land. 2 The trustee decides to designate a part of the trust land as a closed area permanently to protect an environmentally fragile or sensitive area. 3 The trust land is dedicated or granted in trust for navigational purposes and the trustee decides to designate a part of the trust land as a closed area permanently for 1 or more of the following reasons— • to protect navigational equipment on the trust land from damage • to ensure navigational signals sent by or from navigational equipment on the trust land are not interrupted or obscured • to protect the health and safety of the public by preventing people from coming too near to microwave, radar, laser or other navigational signals transmitted by or from navigational equipment on the trust land. 4 The trust land is dedicated or granted in trust for drainage and the trustee decides to designate a part of the trust land as a closed area permanently to protect— • the public from the dangers presented by water pumping equipment, stormwater drains or other drainage works • the drainage works from damage

61 Land Regulation 1995 Schedule 9 (continued) • to ensure the free flow of water to, across or from the trust land. 13 Camping A person who camps on the trust land must not, other than under the authority of the trustee, camp on a part of the trust land unless the part is designated under a regulatory notice as an area for camping. Maximum penalty—10 penalty units. 14 Vehicles on trust land (1) A person must not drive a motor vehicle on the trust land unless the person is licensed to drive the vehicle under a law of the State about the use of vehicles on public roads. Maximum penalty—5 penalty units. (2) However, a person who is not licensed to drive a motor vehicle on public roads does not commit an offence under subsection (1) if the person drives the vehicle under the authority of the trustee and only on the trust land. (3) A person must not, other than under the authority of the trustee, take a motor vehicle on to, or drive a motor vehicle on, the trust land unless the motor vehicle is registered under a law of the State about the use of vehicles on public roads. Maximum penalty—5 penalty units. (4) A person must not disobey a reasonable direction given by the trustee, or a person acting on behalf of the trustee, about the movement, operation, parking or use of a vehicle on the trust land. Maximum penalty—5 penalty units. (5) A person must not, other than under the authority of the trustee, drive or operate a vehicle on the trust land— (a) in a way, or at a place, if driving or operating the vehicle in the way or at the place could damage vegetation; or

62 Land Regulation 1995 Schedule 9 (continued) (b) to enter a place where a barrier or fence has been lawfully erected or placed to prevent the entry. (6) A person must not drive or operate a motorcycle on the trust land— (a) if the driver or a passenger on the motorcycle is not wearing a safety helmet that— (i) is of a standard required under the Transport Operations (Road Use Management) Act 1995 to be worn by a person riding a motorcycle on a road; and (ii) is securely fastened under the chin of the wearer using a chin strap attached to the safety helmet; or (b) if the front and rear wheels of the motorcycle do not stay in contact with the ground all the time the motorcycle is moving. Maximum penalty—10 penalty units. (7) A person must not park or stand a vehicle in a way, or at a place, on the trust land if parking or standing the vehicle in the way or at the place— (a) obstructs, to an unreasonable extent, the movement of a person or another vehicle; or (b) is likely to cause damage to the trust land. Maximum penalty—5 penalty units. (8) A person must not park or stand a vehicle in a way, or at a place, on the trust land if parking or standing the vehicle in the way or at the place is not in conformity with ground or surface markings clearly intended for ordering the parking and standing of vehicles. Maximum penalty—5 penalty units. 15 Protection of animals A person must not, other than under the authority of the trustee, in, on, under or above the trust land—

63 Land Regulation 1995 Schedule 9 (continued) (a) destroy, snare, shoot, injure, disturb, or interfere with an animal, fish, reptile or bird; or (b) destroy or interfere with a bird’s nest. Maximum penalty—5 penalty units. 16 Prohibition of animals A person must not bring an animal on to the trust land if— (a) regulatory notices indicate, or are to the effect that, animals of that type are not permitted on the trust land; and (b) the notices are erected at all places reasonably necessary for informing the public of the prohibition, including, for example, the places of entry to and exit from the trust land. Maximum penalty—5 penalty units. 17 Control of animals (1) This section applies if— (a) regulatory notices indicate, or are to the effect that, a person may bring an animal on to, or keep an animal on, the trust land only on certain conditions; and (b) the notices are erected at reasonable places, including, for example, the places for entry to and exit from the trust land, necessary to inform the public of the conditions. (2) A person who brings an animal on to, or keeps an animal on, the trust land must not contravene a condition, indicated on a regulatory notice, on which a person may bring an animal on to, or keep an animal on, the trust land. Maximum penalty—5 penalty units.

64 Land Regulation 1995 Schedule 9 (continued) Example of a condition for subsection (1) — A regulatory notice might indicate that it is a condition of bringing a horse on to the trust land that the horse must at all times, when on the trust land, be under the control of a person or be securely tethered. 18 Dogs (1) A person who has a dog in the person’s charge on the trust land— (a) must, at all times the dog is on the trust land, effectively restrain the dog by means of a lead or leash; and (b) must not allow the dog to behave in a way that causes unreasonable noise, annoys another person or puts another person in danger; and (c) unless the dog is a guide dog—must not allow the dog to stay on the trust land overnight, other than in an area designated by a regulatory notice as an area where dogs may stay overnight. Maximum penalty—5 penalty units. (2) A person does not commit an offence under subsection (1)(a) or (c) if, in acting in a way that contravenes subsection (1)(a) or (c), the person is acting under the authority of the trustee. (3) In this section— guide dog see Guide Dogs Act 1972 , section 3. Editor’s note — Guide Dogs Act 1972 —see the Acts Interpretation Act 1954 , section 14H and the Guide, Hearing and Assistance Dogs Act 2009 .

65 Land Regulation 1995 Schedule 9 (continued) 19 Selling things A person must not, other than under a trustee lease or the authority of the trustee, sell anything, or offer anything for sale on the trust land. 3 Maximum penalty—5 penalty units. Part 3 Navigational purposes 20 Application This part applies to the trust land if it is dedicated or granted in trust for navigational purposes. 21 Vehicles on closed areas (1) This section applies— (a) if the trustee designates a part (the closed area ) of the trust land, either permanently or only for particular times or periods, as closed to motor vehicles; and (b) regulatory notices clearly indicate— (i) the closed area; and (ii) whether the designation as a closed area is permanent or, if not, the times or periods when the designation has effect. (2) A person must not drive, park or stand a motor vehicle in a closed area— (a) if the designation on the regulatory notices is, or is to the effect, that the closed area is permanently closed to motor vehicles—at any time; or 3 Under section 57 (Trustee leases) of the Act, a trustee may lease trust land. Under section 60 (Trustee permits) of the Act, a trustee may issue trustee permits for the trust land.

66 Land Regulation 1995 Schedule 9 (continued) (b) if the designation on the regulatory notices is, or is to the effect, that the closed area is closed to motor vehicles only at particular times or periods—at the particular times or periods when the designation has effect. Maximum penalty—10 penalty units. Example of a closed area under subsection (1)(a) — The trustee decides to designate a part of the trust land as a closed area at night to ensure no lights on a motor vehicle in the closed area interfere with the effective operation of the navigational light signal from a navigational beacon on the trust land and arranges for regulatory notices to be erected on the trust land. 22 Damage to or interference with navigational equipment A person must not damage or interfere with navigational equipment on the trust land. Maximum penalty—10 penalty units. Part 4 Drainage purposes 23 Application This part applies to the trust land if it is dedicated or granted in trust for drainage. 24 Damage to or interference with land or works A person must not damage or interfere with the surface of, or drainage works on or under, the trust land. Maximum penalty—10 penalty units.

67 Land Regulation 1995 Schedule 10 Model by-law about consumption of liquor section 5I Trust Land Liquor Consumption Model By-law 1999 Part 1 General 1 Short title This model by-law may be cited as the Trust Land Consumption of Liquor Model By-law 1999 . 2 Purpose of by-law The purpose of this by-law is to regulate the use of the trust land for the consumption of liquor. 3 Definitions In this model by-law— approval conditions see section 10. approved place means a place subject to an approval in force under section 10. designated place means a place subject to a designation in force under section 6.

68 Land Regulation 1995 Schedule 10 (continued) liquor see the Liquor Act 1992 , section 4B. 4 trust land means the trust land in relation to which the trustee has adopted this model by-law, but does not include land or premises to which a licence or permit under the Liquor Act 1992 relates. 4 References to person acting on behalf of the trustee (1) In a provision of this by-law, a reference to a person acting on behalf of the trustee is a reference to a person chosen by the trustee to act on behalf of the trustee under the provision. (2) A person chosen by the trustee to act on behalf of the trustee under a provision must be appropriately qualified to act on behalf of the trustee under the provision. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to act on behalf of the trustee. 4 Liquor Act 1992 , section 4B— 4B Meaning of liquor (1) Liquor is a spiritous or fermented fluid of an intoxicating nature intended for human consumption. (2) Liquor also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5mL/L (0.5%) at 20ºC. Examples of other substances — ice confections, jellies and aerosol sprays (3) Liquor also includes any other substance containing ethyl alcohol (ethanol), which substance is prescribed under a regulation as liquor. (4) However, liquor does not include a fluid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.

69 Land Regulation 1995 Part 2 Schedule 10 (continued) Consumption of alcohol 5 Consumption of liquor in certain places prohibited (1) A person must not consume liquor on the trust land other than at— (a) a designated place; or (b) an approved place. Maximum penalty—5 penalty units. (2) A person who consumes liquor on the trust land at a place that is not a designated place or approved place does not commit an offence under subsection (1) if— (a) the place was, but is no longer, a designated place; and (b) the trustee has not complied with section 8 for the revocation or amendment of the place’s designation. Part 3 Designated places for the consumption of alcohol 6 Trustee may designate trust land for liquor consumption (1) The trustee may designate all or part of the trust land as a place where liquor may be consumed. (2) The trustee may state the period or times when the designation is to be in force. 7 Trustee must advertise designation and place signs (1) If the trustee designates a place under section 6, the trustee must advertise, or cause someone else to advertise, the designation in a newspaper circulating generally in the area in which the trust land is located.

70 Land Regulation 1995 Schedule 10 (continued) (2) The advertisement must— (a) include a description of all, or the relevant part of, the trust land; and (b) state when the trust land or part of the trust land is a designated place. (3) The trustee must also erect, or cause someone else to erect, signs— (a) sufficiently identifying the trust land or part of the trust land as a designated place; and (b) stating when the trust land or part of the trust land is a designated place. (4) The trustee does not have to comply with subsections (1) and (2) if the designation is in force for 1 day or less. (5) The trustee does not have to comply with subsections (1) to (3) if the designated place is adjacent to premises, on the trust land, used for the primary purpose of eating meals prepared, served and intended to be eaten on the premises. (6) However, the written approval of the trustee for the use of the designated place mentioned in subsection (5) must be conspicuously displayed in the designated place. 8 Trustee must advertise revocation or amendment of designation and remove or change signs (1) If the trustee revokes or amends a designation, the trustee must advertise, or cause someone else to advertise, the revocation or amendment in a newspaper circulating generally in the area in which the trust land is located. (2) The advertisement must— (a) for the revocation of a designation—include a description of the designated place; and (b) for an amendment changing the boundaries of a designated place—include a description of the designated place as changed; and

71 Land Regulation 1995 Schedule 10 (continued) (c) for an amendment changing when the designation is in force—state the new period or times. (3) The trustee must also ensure— (a) for a revocation—that all signs identifying the place as a designated place are taken away; and (b) for an amendment relating to the boundaries of the designated place—that signs sufficiently identify the place, as changed, as a designated place; and (c) for an amendment relating to where the designation is in force—that signs identifying the designated place state the changed period or times. Part 4 Approved places for consumption of alcohol 9 Application for trustee consent as an approved place (1) A person may apply to the trustee to approve the trust land, or part of the trust land, as a place where liquor may be consumed. (2) The application must include or be accompanied by— (a) the name and address of the applicant; and (b) an indication of whether the consent is sought in relation to all, or part only, of the trust land; and (c) details of the activity of which the consumption of liquor forms part; and (d) the day on which, and the times during which, the activity is to be conducted; and (e) the number of persons likely to take part in the activity; and (f) other information the trustee may reasonably ask for.

72 Land Regulation 1995 Schedule 10 (continued) 10 Approved places (1) The trustee may, on an application under section 9, approve the trust land, or part of the trust land, as a place where liquor may be consumed. (2) The approval must be in writing and must state— (a) the name of the person (the approval holder ) who applied for the approval to be made; and (b) when the approval has effect; and (c) if the approval relates to part only of the trust land—the part to which it relates. (3) The approval of the trustee may be given on reasonable conditions ( approval conditions ). (4) The approval holder must ensure the trustee’s written approval is made available for inspection, at the approved place, if asked for by the trustee or a person acting on behalf of the trustee. (5) An approval under this section must not be in force for more than 24 hours. 11 Directions about complying with approval conditions A person must not disobey a reasonable direction given by the trustee, or a person acting on behalf of the trustee, about complying with an approval condition. Maximum penalty—5 penalty units.

73 Land Regulation 1995 Schedule 11 Model by-law about cemeteries, crematoriums and mortuaries section 5I Trust Land Cemeteries, Crematoriums and Mortuaries Model By-law 1999 Part 1 General 1 Short title This model by-law may be cited as the Trust Land Cemeteries, Crematoriums and Mortuaries Model By-Law 1999 . 2 Purpose of by-law The purposes of this model by-law are— (a) to regulate the use of the trust land as a cemetery, crematorium or mortuary; and (b) to protect the trust land, including buildings on the trust land. 3 Definitions In this model by-law— authority , of the trustee, includes a trustee permit. dispose , for human remains, means— (a) to bury in a grave; or (b) if the remains have been exhumed—to rebury in a grave; or (c) to place in a vault; or (d) to cremate; or

74 Land Regulation 1995 Schedule 11 (continued) (e) if the remains have been cremated—to place the cremated remains in a niche in, or scatter the cremated remains in, the grounds of the trust land. grounds of the trust land means the part or parts of the trust land not occupied by buildings, but includes a columbarium on the trust land. motor vehicle has the same meaning as in the Transport Operations (Road Use Management) Act 1995 . regulatory notice means a notice mentioned in section 4. trust means the trust under which the trustee holds the trust land. trust land means the trust land in relation to which the trustee has adopted this model by-law, but only if it is dedicated or granted in trust for cemetery, crematorium and mortuary purposes. vehicle includes a motor vehicle, trailer, bicycle, carriage, cart, wagon and any other means of transport or conveyance designed for movement upon wheels, whether or not the vehicle is for the time being capable of being operated or used in a normal manner. 4 Power of trustee to regulate use etc. of trust land by notices (1) The trustee may, consistent with the community purpose of the trust land, erect or display in relation to the trust land or a part of the trust land notices for regulating or prohibiting— (a) the use of the trust land or the part of the trust land by persons; or (b) the use in the trust land or the part of the trust land of vehicles or vehicles included in a stated class of vehicles; or (c) the bringing on to the trust land or the part of the trust land of animals or animals included in a stated class of animals.

75 Land Regulation 1995 Schedule 11 (continued) (2) A regulatory notice— (a) may be erected or displayed within, or at or near the entrances to, the trust land or the part of the trust land to which the notice relates; and (b) must state or indicate a particular requirement or particular requirements to be complied with by persons entering, or on, the trust land or the part of the trust land. 5 References to person acting on behalf of trustee (1) In a provision of this by-law, a reference to a person acting on behalf of the trustee is a reference to a person chosen by the trustee to act on behalf of the trustee under the provision. (2) A person chosen by the trustee to act on behalf of the trustee under a provision must be appropriately qualified to act on behalf of the trustee under the provision. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to act on behalf of the trustee. Part 2 Grounds of the trust land 6 Application This part applies if there is a cemetery or a crematorium on the trust land. 7 No disposal of remains without approval of trustee (1) A person must not dispose of human remains in the trust land other than under an approval of the trustee. Maximum penalty—10 penalty units.

76 Land Regulation 1995 Schedule 11 (continued) (2) An application to the trustee for an approval must be accompanied by the documents or authorities necessary for the lawful disposal of human remains. (3) An applicant seeking the approval of the trustee must apply to the trustee at least 24 hours before the proposed date for the disposal. 8 Disturbance of remains (1) After a body has been disposed of by burial in a coffin in a grave, a person must not— (a) move or disturb the coffin; or (b) re-open the grave for a further burial until at least 1 year has elapsed. (2) Despite subsection (1)(b), the trustee, or a person acting on behalf of the trustee, may authorise the re-opening of the grave for a further burial before 1 year has elapsed if— (a) the further burial is within 6 days after the immediately preceding burial; or (b) if paragraph (a) does not apply—the trustee reasonably considers, or a person acting on behalf of the trustee reasonably considers, that the re-opening of the grave is not likely to create a danger to public health. 5 9 Standards for coffins, niches and vaults etc. (1) The trustee must decide the following matters, which must be reasonable and appropriate in the circumstances, for a grave in the grounds of the trust land— (a) its length; (b) its breadth; 5 This by-law does not provide for the trustee to authorise the exhumation of human remains. Necessary authority for the exhumation of human remains may be available under section 83 (Exhumations) of the Act and the Coroners Act 2003 , section 20 (Exhuming body or recovering cremated remains).

77 Land Regulation 1995 Schedule 11 (continued) (c) its depth; (d) the clearance between the sides of a coffin in the grave and the sides of the grave; (e) the distance between the top of a coffin in the grave and the surface of the ground. (2) In deciding the depth of a grave under subsection (1)(c), the trustee must have regard to the number of bodies the trustee has approved, or may approve, to be buried in the grave. (3) The trustee must take all reasonable steps to ensure the matters decided by the trustee under subsection (1) about a grave in the grounds of the trust land are complied with. (4) The trustee must decide the following matters, which must be reasonable and appropriate in the circumstances, for a receptacle for the cremated remains of a human body to be placed in a niche in the grounds of the trust land— (a) its length; (b) its breadth; (c) its depth; (d) the materials of which it is made. (5) The trustee must take all reasonable steps to ensure the matters decided by the trustee under subsection (4) about a receptacle for the cremated remains of a human body are complied with. (6) The trustee must decide the following matters, which must be reasonable and appropriate in the circumstances, for a receptacle for the remains, other than cremated remains, of a human body, to be placed in a vault in the grounds of the trust land— (a) its length; (b) its breadth; (c) its depth; (d) the materials of which it is made.

78 Land Regulation 1995 Schedule 11 (continued) (7) The trustee must take all reasonable steps to ensure the matters decided by the trustee under subsection (6) about a receptacle for the remains of a human body not cremated are complied with. (8) The trustee must decide the following matters, which must be reasonable and appropriate in the circumstances, for the minimum specifications for the design and materials of construction of a vault in the grounds of the trust land— (a) its length; (b) its breadth; (c) its height; (d) the materials of which it is to be constructed. (9) The trustee must take all reasonable steps to ensure the matters decided by the trustee under subsection (8) about a vault to be built in the grounds of the trust land are complied with. (10) The trustee must decide the following matters for inscriptions on memorials, headstones or niches in the grounds of the trust land— (a) size; (b) placement; (c) style; (d) content. (11) The trustee must take all reasonable steps to ensure the matters decided by the trustee under subsection (10) about inscriptions are complied with. 10 Approval necessary for memorials A person must not build or install a memorial in the grounds of the trust land other than under the authority of the trustee, or a person acting on behalf of the trustee. Maximum penalty—10 penalty units.

79 Land Regulation 1995 Schedule 11 (continued) 11 Records for cemetery and crematorium to be kept by trustee (1) The trustee, or a person acting on behalf of the trustee, must keep a record of— (a) the name of each person whose remains have been— (i) buried in the grounds of the trust land; or (ii) cremated on the trust land; or (iii) cremated and scattered in, or placed in a niche in, the grounds of the trust land; and (b) when the remains of each person were disposed of; and (c) if the remains of a person were cremated and the cremated remains have not been scattered in the grounds of the trust land or taken away from the trust land—the particular place where the cremated remains of the person have been placed in the grounds of the trust land; and (d) if a person’s remains have been buried in the grounds of the trust land—the location of the grave; and (e) any dealing with the remains of a person after they have been buried or placed in the grounds of the trust land. (2) A matter is not required to be recorded under subsection (1) if it is included in the register kept under section 79 of the Act. (3) The trustee must make a record kept under subsection (1) available for public inspection at all reasonable times. 6 (4) If the trust is wound up, the record must be sent to the State archivist and held for public access. 7 6 Under section 79 (Cemetery registers) of the Act, this is also a requirement for a register of burials. 7 Section 79 (Cemetery registers) of the Act provides for the same procedure to be followed for a register of burials.

80 Land Regulation 1995 Schedule 11 (continued) 12 Animals (1) A person must not, other than under the authority of the trustee, bring an animal on to the trust land. Maximum penalty—5 penalty units. (2) A person does not commit an offence under subsection (1) if the animal brought on to the trust land is for the ceremonial purposes associated with a funeral. (3) A person must not, other than under the authority of the trustee, ride, or drive a vehicle drawn by, an animal other than on a formed roadway on the trust land. Maximum penalty—5 penalty units. (4) In this section— animal does not include a dog. 13 Dogs (1) A person who has a dog in the person’s charge on the trust land— (a) must, at all times the dog is on the trust land, effectively restrain the dog by means of a lead or leash; and (b) must not allow the dog to behave in a way that causes unreasonable noise, annoys another person or puts another person in danger. Maximum penalty—5 penalty units. (2) A person does not commit an offence under subsection (1)(a) if, in acting in the way mentioned in subsection (1), the person is acting under the authority of the trustee. 14 Interference with funeral or commemorative services A person must not interrupt or interfere with a funeral or commemorative service lawfully conducted on the trust land. Maximum penalty—10 penalty units.

81 Land Regulation 1995 Schedule 11 (continued) 15 Interference with grave etc. A person must not, other than under the authority of the trustee, interfere with a grave, vault, niche or memorial, or with flowers or tokens on a grave, vault, niche or memorial. Maximum penalty—10 penalty units. 16 Behaviour A person must not, other than under the authority of the trustee— (a) act in a way or do anything that unreasonably disturbs, or is likely to unreasonably disturb, another person’s peaceful use of the trust land; or (b) display, distribute, drop, scatter or throw down a handbill, ticket, notice or any other literature of any kind on the trust land. Maximum penalty—10 penalty units. 17 Vehicles to be used on formed roadways only Other than under the authority of the trustee, a person must not drive, or permit to be driven, a vehicle on the trust land other than on a formed roadway. Maximum penalty—5 penalty units. 18 Activities causing damage to trust land or improvements (1) A person must not, other than under the authority of the trustee, damage or interfere with— (a) soil, gardens or turf on the trust land; or (b) plants growing on the trust land; or (c) improvements, signs or equipment on the trust land. Maximum penalty—10 penalty units. (2) This section does not apply to damage of or interference with trees.

82 Land Regulation 1995 Schedule 11 (continued) 19 Selling things A person must not, other than under the authority of the trustee, sell anything, or offer anything for sale on the trust land. Maximum penalty—5 penalty units. 20 Firearms (1) A person must not, other than under the authority of the trustee, discharge a firearm on the trust land. Maximum penalty—5 penalty units. (2) A person does not commit an offence under subsection (1) if the person discharges a firearm as part of a military funeral. 21 Grounds of the trust land open to public at certain times (1) This section applies if— (a) regulatory notices indicate when the grounds of the trust land are open to the public; and (b) the notices are erected at reasonable places for informing the public, including, for example, at the places for entry to and exit from the trust land. (2) Other than under the authority of the trustee, a person must not enter, or remain on, the grounds of the trust land when the trust land is not open to the public. Maximum penalty—10 penalty units. 22 Placement of flowers and tokens on graves etc. (1) This section applies if— (a) regulatory notices indicate flowers and tokens may be placed on graves, vaults, niches or memorials in the grounds of the trust land only in accordance with the conditions stated in the notice; and

83 Land Regulation 1995 Schedule 11 (continued) (b) the notices are erected at reasonable places for informing the public, including, for example, at the places for entry to and exit from the trust land. (2) Other than under the authority of the trustee, a person must not place flowers or tokens on graves, vaults, niches or memorials in a way contravening a condition mentioned in subsection (1)(a). Maximum penalty—5 penalty units. Part 3 Mortuary 23 Application This part applies if there is a mortuary on the trust land. 24 Mortuary records (1) The trustee, or a person acting on behalf of the trustee, must keep a record of all bodies delivered to the mortuary. (2) The record must contain the following particulars for each body— (a) the date on which the body was delivered to the mortuary; (b) the person from whom the body was received; (c) the name, age and sex of the person whose body was delivered; (d) the date and place of death of the person whose body was delivered; (e) any post-mortem examination, or other medical procedure, carried out in the mortuary; (f) the date on which the body was taken from the mortuary;

84 Land Regulation 1995 Schedule 11 (continued) (g) the person by whom the body was taken from the mortuary. (3) If the trust is wound up, the register must be sent to the State archivist. 25 Authority necessary to enter mortuary A person must not enter, or remain in, the mortuary other than under the authority of the trustee or a person authorised to act on behalf of the trustee. Maximum penalty—10 penalty units.

85 Land Regulation 1995 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 7 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 August 2009. Future amendments of the Land Regulation 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

86 Land Regulation 1995 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 2 2A 2B 2C 2D 3 3A 3B 3C Amendments to 1995 SL No. 224 1996 SL No. 124 1997 SL No. 410 1998 SL No. 173 1999 SL No. 22 1999 SL No. 69 2000 SL No. 111 2000 SL No. 243 2001 SL No. 68 2001 SL No. 147 2002 SL No. 24 Effective 1 August 1995 1 July 1996 28 November 1997 1 June 1998 12 March 1999 23 April 1999 1 July 2000 15 September 2000 8 June 2001 20 September 2001 15 February 2002 Reprint date 2 August 1995 1 October 1996 1 December 1997 14 July 1998 9 April 1999 10 May 1999 3 July 2000 2 November 2000 21 June 2001 21 September 2001 1 March 2002 Reprint No. 3D 4 4A 4B 4C 4D rv 4E rv 4F rv Amendments included 2002 SL No. 122 — 2003 SL No. 54 2003 SL No. 100 2003 SL No. 192 2004 SL No. 63 2004 SL No. 67 2005 SL No. 103 5— 5A 2006 SL No. 110 5B 2007 SL No. 98 2007 SL No. 160 5C 2008 SL No. 149 5D 2008 SL No. 357 6 2008 SL No. 418 6A 2009 SL No. 137 Effective 1 July 2002 1 July 2002 1 April 2003 1 July 2003 22 August 2003 21 May 2004 1 July 2004 1 July 2005 1 July 2005 1 July 2006 1 July 2007 1 July 2008 24 October 2008 1 January 2009 1 August 2009 Notes R3D withdrawn, see R4 R4F rv withdrawn, see R5 5 List of legislation Land Regulation 1995 SL No. 186 made by the Governor in Council on 8 June 1995 notfd gaz 9 June 1995 pp 1165–71 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1995 (see s 2) exp 31 August 2009 (see SIA s 56A(2) and SIR s 5 sch 3)

87 Land Regulation 1995 Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Lands Legislation (Fees) Amendment Regulation (No. 1) 1995 SL No. 224 pts 1, 3 notfd gaz 28 July 1995 pp 1768–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 1995 (see s 2) Land Amendment Regulation (No. 1) 1995 SL No. 385 notfd gaz 15 December 1995 pp 1560–5 commenced on date of notification Land Amendment Regulation (No. 1) 1996 SL No. 124 notfd gaz 7 June 1996 pp 902–5 ss 1–2 commenced on notification remaining provisions commenced on 1 July 1996 (see s 2) Land Amendment Regulation (No. 1) 1997 SL No. 188 notfd gaz 27 June 1997 pp 1004–1010 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1997 (see s 2) Land Legislation Amendment Regulation (No. 1) 1997 SL No. 214 pts 1–2 notfd gaz 11 July 1997 pp 1229–30 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 1997 (see s 2 and 1997 SL No. 210) Land Amendment Regulation (No. 2) 1997 SL No. 356 notfd gaz 24 October 1997 pp 786–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 1997 (see s 2 and 1997 SL No. 355) Land Amendment Regulation (No. 3) 1997 SL No. 410 notfd gaz 28 November 1997 pp 1408–10 s 4 commenced 1 July 1997 (see s 2) remaining provisions commenced on date of notification Land Amendment Regulation (No. 1) 1998 SL No. 173 notfd gaz 22 May 1998 pp 509–14 ss 1–2 commenced on date of notification remaining provisions commenced 1 June 1998 (see s 2) Land Amendment Regulation (No. 1) 1999 SL No. 22 notfd gaz 12 March 1999 pp 1030–1 commenced on date of notification Natural Resources Legislation Amendment Regulation (No. 1) 1999 SL No. 69 pts 1, 4 notfd gaz 23 April 1999 pp 1951–3 commenced on date of notification