9311
Government Gazette
OF THE STATE OF
NEW SOUTH WALES
Number 137
Friday, 4 November 2005
Published under authority by Government Advertising and Information
LEGISLATION
Assent to Acts
ACTS OF PARLIAMENT ASSENTED TO
Legislative Assembly Office, Sydney, 26 October 2005
IT is hereby notified, for general information, that Her Excellency the Governor has, in the name and on behalf
of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative
Council of New South Wales in Parliament assembled, viz.:
Act No. 74 2005 – An Act to amend the Crimes Act 1900 and various other Acts with respect to the obligations
of drivers to stop and provide assistance where their vehicles are involved in accidents that cause death or injury.
[Crimes Amendment (Road Accidents) (Brendan’s Law) Bill]
Act No. 75 2005 – An Act to amend the Criminal Procedure Act 1986 to validate certain indictments issued
on behalf of the Director of Public Prosecutions and criminal proceedings based on such indictments; and for
other purposes. [Criminal Procedure Amendment (Prosecutions) Bill]
Act No. 76 2005 – An Act to amend the Civil Liability Act 2002 to provide for the satisfaction of personal
injury damages claims by victims of crime from certain damages awarded to offenders; and for other purposes.
[Civil Liability Amendment (Offender Damages Trust Fund) Bill]
Act No. 77 2005 – An Act to enact in New South Wales provisions to promote uniform laws of defamation in
Australia; to repeal the Defamation Act 1974; to amend the Crimes Act 1900 in relation to criminal defamation;
to amend the Limitation Act 1969 in relation to the limitation period for defamation actions; and for other
purposes. [Defamation Bill]
Act No. 78 2005 – An Act to amend the Gaming Machines Act 2001 to make further provision with respect
to the allocation and transfer of poker machine entitlements, the regulation of gaming machines in hotels and
registered clubs and other administrative matters; to amend the Casino Control Act 1992 to restructure the casino
community benefit levy and fund; and for other purposes. [Gaming Machines Amendment Bill]
Act No. 79 2005 – An Act to amend the Residential Tenancies Act 1987 to make further provision with respect
to social housing tenancies; and for other purposes. [Residential Tenancies Amendment (Social Housing)
Bill]
Act No. 80 2005 – An Act to amend the State Emergency and Rescue Management Act 1989 with respect
to impersonation and other offences relating to emergency services organisations and the appointment of
District and Local Emergency Operations Controllers; and for other purposes. [State Emergency and Rescue
Management Amendment Bill]
RUSSELL D. GROVE, P.S.M.,
Clerk of the Legislative Assembly
9312
LEGISLATION
4 November 2005
Orders
New South Wales
Public Sector Employment and
Management (Regatta Centre Staff)
Order 2005
under the
Public Sector Employment and Management Act 2002
MARIE BASHIR,, Governor
Governor
I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the
advice of the Executive Council, and in pursuance of Chapter 4 of the Public Sector
Employment and Management Act 2002, make the following Order.
Dated,
this 26th day ofday
October
2005. 2005.
Dated, this
of
By Her Excellency’s Command,
MORRIS IEMMA, M.P.,
Premier
Premier
Page 1
s05-504-35.p01
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
Clause 1
Public Sector Employment and Management (Regatta Centre Staff) Order
2005
Public Sector Employment and Management (Regatta
Centre Staff) Order 2005
under the
Public Sector Employment and Management Act 2002
1
Name of Order
This Order is the Public Sector Employment and Management (Regatta
Centre Staff) Order 2005.
2
Transfer of Regatta Centre staff to Department of Tourism, Sport and
Recreation
The group of staff in the Department of Planning who are employed
primarily to carry out duties at or in relation to the Sydney International
Regatta Centre at Penrith Lakes are removed from that Department and
added to the Department of Tourism, Sport and Recreation.
Page 2
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
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LEGISLATION
4 November 2005
Other Legislation
ERRATUM
THIS Notice of Final Determination was published in Government Gazette No. 129 on 21 October 2005 on page 8866,
the Final Determination was published on page 8920 of the same publication. These should have been published together.
They are now reprinted together correctly:
New South Wales
Notice of Final Determination
under the
Threatened Species Conservation Act 1995
The Scientific Committee established under the Threatened Species Conservation
Act 1995 has made a final determination to insert the following ecological
community as an endangered ecological community under that Act and, accordingly,
Schedule 1 to that Act is amended by inserting in Part 3 in alphabetical order:
Bangalay Sand Forest of the Sydney Basin and South East Corner Bioregions
(as described in the final determination of the Scientific Committee to list the
ecological community)
Dated,
this 6th day
Dated, this
day of
of October 2005.
2005.
Dr Lesley Hughes
Chairperson of the Scientific Committee
Copies of final determination and reasons
Copies of the final determination and the reasons for it are available to members of
the public (free of charge) as follows:
(a) on the Internet at www.nationalparks.nsw.gov.au,
(b) by contacting the Scientific Committee Unit, by post C/- Department of
Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone
(02) 9585 6940 or by facsimile (02) 9585 6606,
(c) in person at the Department of Environment and Conservation Information
Centre, Level 14, 59-61 Goulburn St, Sydney.
Page 1
s05-452-04.p01
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
9315
THREATENED SPECIES CONSERVATION ACT 1995
Final Determination
THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to
list Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions as an ENDANGERED ECOLOGICAL
COMMUNITY in Part 3 of Schedule 1 of the Act. Listing of endangered ecological communities is provided for by Part
2 of the Act.
The Scientific Committee has found that:
1. Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions is the name given to the ecological
community associated with coastal sand plains of marine or aeolian origin. It occurs on deep, freely draining to damp
sandy soils on flat to moderate slopes within a few kilometres of the sea and at altitudes below 100 m. Bangalay Sand
Forest is characterised by the assemblage of species listed in paragraph 2 and typically comprises a relatively dense or
open tree canopy, an understorey of mesophyllous or sclerophyllous small trees and shrubs, and a variable groundcover
dominated by sedges, grasses or ferns.
2. Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions is characterised by the following assemblage
of species:
Acacia longifolia
Acacia sophorae
Acmena smithii
Allocasuarina littoralis
Astroloma pinifolium
Banksia integrifolia
subsp. integrifolia
Banksia serrata
Billardiera scandens
Breynia oblongifolia
Cassytha pubescens
Carex longebrachiata
Casuarina glauca
Commelina cyanea
Desmodium gunnii
Dianella caerulea
Dianella crinoides
var. caerulea
Dichondra repens
Echinopogon ovatus
Entolasia marginata
Eucalyptus botryoides
Eucalyptus pilularis
Geranium potentilloides
Glycine clandestina
Gonocarpus teucrioides
Hardenberia violacea
Hibbertia scandens
Imperata cylindrica
Isolepis nodosa
var. major
Kennedia rubicunda
Lagenifera stipitata
Lepidosperma concavum Leptospermum laevigatum
Lomandra longifolia
Marsdenia rostrata
Microlaena stipoides
Monotoca elliptica
var. stipoides
Notelaea longifolia
Oplismenus imbecillus
Parsonsia straminea
Pittosporum revolutum
Pittosporum undulatum Pratia purpurascens
Pteridium esculentum
Ricinocarpus pinifolius
Rubus parvifolius
Solanum pungentium
Stephania japonica
Stellaria flaccida
var. discolor
Themeda australis
Viola hederacea
3. The total species list of the community is larger than that given above, with many species present only in one or two
sites, or in low abundance. The species composition of a site will be influenced by the size of the site, recent rainfall or
drought conditions and by its disturbance (including grazing, land clearing and fire) history. The number and relative
abundance of species will change with time since fire, and may also change in response to changes in fire frequency
or grazing regime. At any one time, above-ground individuals of some species may be absent, but the species may be
represented below ground in the soil seed banks or as dormant structures such as bulbs, corms, rhizomes, rootstocks or
lignotubers. The list of species given above is mainly of vascular plant species, however the community also includes
micro-organisms, fungi, cryptogamic plants and a diverse fauna, both vertebrate and invertebrate. These components
of the community are poorly documented.
4. Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions typically has a dense to open tree canopy,
approximately 5–20 m tall, depending on exposure and disturbance history. The most common tree species include
Eucalyptus botryoides (Bangalay) and Banksia integrifolia subsp. integrifolia (Coast Banksia), while Eucalyptus
pilularis (Blackbutt) and Acmena smithii (Lilly Pilly) may occur in more sheltered situations, and Casuarina glauca
(Swamp Oak) may occur on dunes exposed to salt-bearing sea breezes or where Bangalay Sand Forest adjoins Swamp
Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions, as listed under the
Threatened Species Conservation Act 1995. The open shrub stratum may be dominated by sclerophyllous species,
such as Banksia serrata (Old Man Banksia), Leptospermum laevigatum (Coast Teatree) and Monotoca elliptica, or
mesophyllous, species, such as Breynia oblongifolia (Coffee Bush) and Pittosporum undulatum (Sweet Pittosporum),
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
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LEGISLATION
4 November 2005
or a combination of both. Shrubs may vary in height from one to ten metres tall. The groundcover varies from open
to dense, and may be sparse where the tree canopy is dense or where there is a thick litter of leaves and branches.
Dominant species include Dianella spp. (Blue Flax Lilies), Lepidosperma concavum, Lomandra longifolia (Spiny-headed
Matrush), Pteridium esculentum (Bracken), and the grasses Imperata cylindrica var. major (Blady Grass), Microlaena
stipoides var. stipoides (Weeping Grass) and Themeda australis (Kangaroo Grass), while herbs, such as Desmodium
gunnii, Dichondra repens (Kidney Weed), Pratia purpurascens (Whiteroot) and Viola hederacea (Ivy-leaved Violet), are
scattered amongst the larger plants. Vines of Glycine clandestina, Hardenbergia violacea (False Sarsparilla), Kennedia
rubicunda (Running Postman), Marsdenia rostrata (Common Milk Vine) and Stephania japonica var. discolor (Snake
Vine) scramble through the groundcover and occasionally over shrubs or tree trunks.
5. Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions is currently known from parts of the
Local Government Areas of Sutherland, Wollongong, Shellharbour, Kiama, Shoalhaven, Eurobodalla and Bega Valley
but may occur elsewhere in these bioregions. Bioregions are defined in Thackway and Creswell (1995).
6. A number of vegetation surveys and mapping studies have been carried out across the range of Bangalay Sand Forest
of the Sydney Basin and South East Corner bioregions. In the Sydney-South Coast region, this community includes
‘Ecotonal Coastal Hind Dune Swamp Oak-Bangalay Shrub Forest’ (ecosystem 27) excluding those stands that are
dominated by Casuarina glauca and ‘Coastal Sands Shrub/Fern Forest’ (ecosystem 28) of Thomas et al. (2000);
‘Littoral Thicket’ (map unit 63) and part of ‘Coastal Sand Forest’ (map unit 64) of Tindall et al. (2004); ‘Coastal Sand
Bangalay-Blackbutt Forest’ (map unit 25) of NPWS (2002); and ‘Dry Dune Shrub Forest’ of Keith and Bedward (1999).
Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions is included within the ‘South Coast Sands
Dry Sclerophyll Forests’ vegetation class of Keith (2002, 2004). There may be additional or unmapped occurrences of
Bangalay Sand Forest within and beyond these surveyed areas.
7. Near its northern limit in the Bundeena area, Bangalay Sand Forest co-occurs with Kurnell Dune Forest in the Sutherland
Shire and City of Rockdale, which is listed as an Endangered Ecological Community in Part 3 of Schedule 1 of the Act.
In this area, Bangalay Sand Forest is generally restricted to foredunes and hind dunes of beaches, while Kurnell Dune
Forest generally occurs on sheltered sand flats further from the immediate influence of the sea. Characteristic species
of Kurnell Dune Forest, such as Angophora costata, Banksia ericifolia, Cupaniopsis anacardioides, Endiandra sieberi,
Eucalyptus robusta and Maclura cochinchinensis, are not common components of Bangalay Sand Forest. However,
the two communities may intergrade where they co-occur. This Determination and the Determination of Kurnell Dune
Forest collectively encompass all intermediate stands of vegetation between the two communities.
8. Another Endangered Ecological Community, Umina Coastal Sandplain Woodland in the Sydney Basin bioregion,
occupies a similar sandplain habitat to the north of Sydney. However, this community occupies podsolised sands that
are rich in iron (Burges & Drover 1952), as distinct from the humic podsols that characterise Bangalay Sand Forest,
and is dominated by Angophora floribunda with E. paniculata, while E. botryoides predominates only in the vicinity
of the beach. In addition, Umina Coastal Sandplain Woodland includes a greater diversity of mesic understorey species
and Acacia species than Bangalay Sand Forest.
9. Bangalay Sand Forest of the Sydney Basin and South East Corner bioregions is threatened by land clearing; degradation
and disturbance associated with heavy recreational use; frequent burning; rubbish dumping; and weed invasion. These
threats are generally associated with existing and proposed urban development along the coast. However, areas of
Bangalay Sand Forest within conservation reserves, including Royal, Seven Mile Beach, Conjola, Meroo, Murramarang,
Eurobodalla and Biamanga National Parks, are exposed to degradation by visitor overuse due to their proximity to
popular beaches and camping areas.
10. Available vegetation mapping indicates that Bangalay Sand Forest has suffered substantial levels of clearing. The
coastline between Gerroa and Bermagui includes an estimated area of about 3450 ha, representing one-quarter of the
estimated pre-1750 distribution of the community (ecosystems 27 and 28 of Thomas et al. 2000). Similarly, Tindall
et al. (2004) map about 2200 ha of Littoral Thicket, representing about one-third of the its estimated pre-European
distribution between Sydney and Moruya. South of Bermagui, Keith & Bedward (1999) mapped a further 650 ha,
representing less than two-fifths of the estimated pre-1750 distribution. However, recent reconnaissance suggests that
these studies may have over-estimated the remaining area of Bangalay Sand Forest (J. Miles, pers. comm.). North
of Gerroa, only small fragments of the community persist, for example, on Minnamurra Spit (Mills 2000), around
Primbee and Windang (NPWS 2002), Bundeena and Taren Point. Overall, these estimates indicate large reductions
in the geographic distribution of the community. Clearing of native vegetation is listed as a Key Threatening Process
under the Threatened Species Conservation Act (1995).
11. Some areas of Bangalay Sand Forest are exposed to frequent burning, particularly around camping areas, towns and
other sources of ignition. High frequency fire alters species composition by favouring fire-tolerant rhizomatous grasses,
sedges and ferns at the expense of woody plants that are slow to regenerate after fire (Keith 1996). Elimination of
woody species by frequent burning is likely to be accelerated by grazing. These processes of degradation represent
large reductions in the ecological function of the community. High frequency fire resulting in disruption of life cycle
processes in plants and animals and loss of vegetation structure and composition is listed as a Key Threatening Process
under the Threatened Species Conservation Act (1995).
12. Weed invasion occurs where Bangalay Sand Forest is exposed to disturbance and degradation. Common weed species
include Asparagus spp., Chrysanthemoides monilifera subsp. rotundata (Bitou Bush), introduced forms of Cynodon
dactylon (Couch), Cirsium vulgare (Spear Thistle), Conyza bonariensis (Fleabane), Hypochaeris radicata (Cats Ear),
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
9317
Ipomea spp. (Morning Glory spp.), Lantana camara, Pennisetum clandestinum (Kikuyu). These and other weed
species may achieve considerable abundance within stands of Bangalay Sand Forest, indicating a large reduction in
ecological function of the community. Invasion of native plant communities by exotic perennial grasses is listed as a
Key Threatening Process under the Threatened Species Conservation Act (1995).
13. Additions to the coastal reserve system and land use zoning have protected some stands of Bangalay Sand Forest from
clearing. However, pressures associated with increasing human populations and recreational activity on the coast continue
to intensify, especially where stands of the community occur in the vicinity of coastal villages and urban centres, and
where new reserves involve the establishment of camping areas and other visitor infrastructure. Disturbance associated
with increased human access contributes particularly to habitat degradation, increased frequencies of bushfire ignitions,
and weed invasion, posing major threats even on land managed for conservation. In addition to the processes outlined
above, activities such as illegal fire wood collection by campers and coastal residents may threaten habitat for vertebrate
and invertebrate fauna and disrupt nutrient and carbon cycling. Removal of dead wood and dead trees is listed as a
Key Threatening Process under the Threatened Species Conservation Act (1995). These processes may result in a large
reduction in ecological function of the community.
14. In view of the above, the Scientific Committee is of the opinion that Bangalay Sand Forest of the Sydney Basin and
South East Corner bioregions it is likely to become extinct in nature in New South Wales unless the circumstances and
factors threatening its survival cease to operate.
Dr LESLEY HUGHES,
Chairperson,
Scientific Committee
References
Burges A, Drover, DP (1952) The rate of podzol development in sands of the Woy Woy district, N.S.W. Australian Journal
of Botany 1, 83-95.
Keith DA (1996) Fire-driven mechanisms of extinction in vascular plants: a review of empirical and theoretical evidence
in Australian vegetation. Proceedings of the Linnean Society of New South Wales 116, 37-78.
Keith DA, Bedward M (1999). Vegetation of the South East Forest region, Eden, New South Wales. Cunninghamia 6, 1218.
Mills K (2000) Rural lands study City of Shellharbour. Nature conservation study. Shellharbour City Council.
Tindall D, Pennay C, Tozer MG, Turner K, Keith DA (2004) ‘Native vegetation map report series. No. 4. Araluen, Batemans
Bay, Braidwood, Burragorang, Goulburn, Jervis Bay, Katoomba, Kiama, Moss Vale, Penrith, Port Hacking, Sydney,
Taralga, Ulladulla, Wollongong.’ NSW Department of Environment and Conservation and NSW Department of
Infrastructure, Planning and Natural Resources, Sydney.
Thackway R, Creswell ID (1995) (eds) ‘An interim biogeographic regionalisation of Australia: a framework for establishing
the national system of reserves.’ (Australian Nature Conservation Agency: Canberra).
Thomas V, Gellie N, Harrison T (2000) ‘Forest ecosystem classification and mapping for the southern Comprehensive
Regional Assessment.’ NSW National Parks and Wildlife Service, Queanbeyan.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
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LEGISLATION
4 November 2005
ERRATUM
THIS Notice of Final Determination was published in Government Gazette No. 129 on 21 October 2005 on page 8872,
the Final Determination was published on page 8919 of the same publication. These should have been published together.
They are now reprinted together correctly:
New South Wales
Notice of Final Determination
under the
Threatened Species Conservation Act 1995
The Scientific Committee established under the Threatened Species Conservation
Act 1995 has made a final determination to insert the following ecological
community as an endangered ecological community under that Act and, accordingly,
Schedule 1 to that Act is amended by inserting in Part 3 in alphabetical order:
Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the
New England Tableland Bioregion (as described in the final determination of
the Scientific Committee to list the ecological community)
Dated,
this 6th day
Dated, this
day of
of October 2005.
2005.
Dr Lesley Hughes
Chairperson of the Scientific Committee
Copies of final determination and reasons
Copies of the final determination and the reasons for it are available to members of
the public (free of charge) as follows:
(a) on the Internet at www.nationalparks.nsw.gov.au,
(b) by contacting the Scientific Committee Unit, by post C/- Department of
Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone
(02) 9585 6940 or by facsimile (02) 9585 6606,
(c) in person at the Department of Environment and Conservation Information
Centre, Level 14, 59-61 Goulburn St, Sydney.
Page 1
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
9319
THREATENED SPECIES CONSERVATION ACT 1995
Final Determination
THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to
list Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion as
an ENDANGERED ECOLOGICAL COMMUNITY in Part 3 of Schedule 1 of the Act. Listing of endangered ecological
communities is provided for by Part 2 of the Act.
The Scientific Committee has found that:
1. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion is the
name given to the ecological community characterised by the assemblage of species listed in paragraph 2 that typically
occurs at elevations of 700 – 1500 m, and is mainly confined to the high undulating basalt plateau with deep, chocolate
or krasnozem loam soils (Benson and Ashby 2000). The structure of the community is typically open forest 20 – 30
m tall, although it may assume the structure of woodland, sometimes less than 12 m tall, in exposed sites or where
subject to past clearing or thinning. The understorey contains a sparse stratum of shrubs and a continuous groundcover
composed mostly of grasses and herbs.
2. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion is
characterised by the following assemblage of species:
Acacia dealbata
Acaena agnipila
Acaena novae-zelandiae Ajuga australis
Ammobium alatum
Asperula conferta
Brachyscome
Bracteantha bracteata
nova-anglica
Bulbine bulbosa
Craspedia variabilis
Cullen tenax
Cynoglossum australe
Desmodium varians
Dichelachne micrantha
Dichondra repens
Dichopogon fimbriatus
Diuris abbreviata
Elymus scaber
Epilobium
Eucalyptus dalrympleana
billardierianum
subsp. heptantha
Eucalyptus pauciflora
Eucalyptus stellulata
Eucalyptus viminalis
Euchiton gymnocephalus
Exocarpos
Galium ciliare
cupressiformis
Geranium solanderi
Glycine clandestina
Hybanthus monopetalus Hydrocotyle laxiflora
Hypericum gramineum Lachnagrostis filiformis
Lomandra longifolia
Luzula densiflora
Pimelea linifolia
Poa labillardierei
var. labillardierei
Poa sieberiana
Poranthera microphylla
var. sieberiana
Pteridium esculentum
Pultenaea microphylla
Ranunculus lappaceus Rubus parvifolius
Rumex brownii
Scleranthus biflorus
Senecio bipinnatisectus Senecio diaschides
Senecio sp. E
Stellaria pungens
Themeda australis
Thesium australe
Veronica calycina
Viola betonicifolia
Wahlenbergia stricta
subsp. stricta
3. The total species list of the community is larger than that given above, with many species present only in one or two
sites, or in low abundance. The species composition of a site will be influenced by the size of the site, recent rainfall or
drought conditions and by its disturbance (including grazing, land clearing and fire) history. The number and relative
abundance of species will change with time since fire, and may also change in response to changes in fire regimes.
At any one time, above-ground individuals of some species may be absent, but the species may be represented below
ground in the soil seed banks or as dormant structures such as bulbs, corms, rhizomes, rootstocks or lignotubers. The
list of species given above is mainly of vascular plant species, however the community also includes micro-organisms,
fungi, cryptogamic plants and a diverse fauna, both vertebrate and invertebrate. These components of the community
are poorly documented.
4. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion is
characterised by a tree layer usually c. 20 m tall, reaching up to 30 m in resource-rich sites, but considerably shorter
than 20m on exposed or damp sites or where past clearing has removed mature trees. Common overstorey species
include Eucalyptus viminalis (Ribbon Gum), E. dalrympleana subsp. heptantha (Mountain Gum), E. pauciflora (Snow
Gum or White Sallee) and occasionally E. stellulata (Black Sallee). The understorey comprises a sparse layer of shrubs
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
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LEGISLATION
4 November 2005
including Acacia dealbata, Pultenaea microphylla and Pimelea linifolia and a dense to very dense grassy ground cover
dominated by Poa sieberiana var. sieberiana, P.labillardieri var. labillardieri, Themeda australis and Elymus scaber
with herbs such as Acaena spp. Ammobium alatum, Asperula conferta, Geranium solanderi, Ranunculus lappaceus
and numerous other species (Benson and Ashby 2000).
5. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion provides
important habitat for the nationally vulnerable plant species Thesium australe, commonly known as ‘Austral Toadflax’
(Benson and Ashby 2000).
6. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion is
currently known from parts of the Local Government Areas of Armidale Dumaresq, Bellingen, Clarence Valley, Glen
Innes Severn, Guyra, Inverell, Tenterfield, Uralla and Walcha but may occur elsewhere in this bioregion. Bioregions
are defined in Thackway and Creswell (1995).
7. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion includes
Communities 6 and 7 of Benson and Ashby (2000) and Tableland Grasslands and Woodlands on Basaltic Soils (Vegetation
Type 1b, Eucalyptus viminalis) of Clarke et al. (1995). There may be additional occurrences of the community within
and beyond these surveyed areas. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland belongs to the
Tableland Clay Grassy Woodlands vegetation classs (Keith 2004).
8. Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion
may co-occur with White Box Yellow Box Blakely’s Red Gum Woodland, also listed under the Threatened Species
Conservation Act (1995). The two Endangered Ecological Communities may intergrade where they adjoin and in
intermediate habitats such as occur in the vicinity of Armidale. All intermediate assemblages are collectively included
within the two communities.
9. The extent of Ribbon Gum – Mountain Gum – Snow Gum Grassy Forest/Woodland of the New England Tableland
Bioregion prior to European settlement has not been mapped across its entire range. However, in the Guyra District,
Benson and Ashby (2000) estimate that 85% of their Map Units 6 and 7 have been cleared, leaving less than 8500 ha, of
which less than half still retains a largely native understorey. This indicates a large reduction in geographic distribution
of the community. Throughout the range of this community most of the understorey is highly modified, with many
weeds present and a reduced native species richness (J. T. Hunter pers. comm.). An unknown area persists as native
grassland where the woody component of the community has been eliminated by clearing. Of the area still wooded,
much is regrowth after clearing or has had its understorey adversely affected by grazing or weed invasion.
10. The remaining stands are severely fragmented by past clearing and further threatened by continuing fragmentation and
degradation, high grazing pressure, inappropriate fire regimes and invasion by introduced taxa (Benson and Ashby 2000,
Keith 2004). Common introduced taxa include Hypochaeris radicata, Trifolium repens, Cirsium vulgare, Taraxacum
officinale, Arenaria leptoclados and Petrorhagia nanteullii (Benson and Ashby 2000). Exotic perennial grasses such
as Eragrostis curvula and Andropogon virginicus also threaten the community at higher altitudes (J. T. Hunter pers.
comm.). Grazing pressure within remnant stands may be intense at certain times and high frequency (in some cases,
annual) fires are a common management practice, leading to reduced understorey diversity. Most remnants are in poor
condition, with some of the best examples now found along roadsides where they are often susceptible to gradual attrition
due to road maintenance activities (J. T. Hunter pers. comm.). Collectively these processes represent a large reduction
in the ecological function of the community. Clearing of native vegetation, High frequency fire resulting in disruption
of life cycle processes in plants and animals and loss of vegetation structure and composition and Invasion of native
plant communities by exotic perennial grasses are listed as Key Threatening Processes under the NSW Threatened
Species Conservation Act 1995.
11. The community is poorly represented in conservation reserves with only 17 ha represented in Little Llangothlin Nature
Reserve (Benson and Ashby 200).
12. In view of the above, the Scientific Committee is of the opinion that Ribbon Gum – Mountain Gum – Snow Gum
Grassy Forest/Woodland of the New England Tableland Bioregion is likely to become extinct in nature in New South
Wales unless the circumstances and factors threatening its survival cease to operate.
Dr LESLEY HUGHES,
Chairperson,
Scientific Committee
References
Benson JS, Ashby EM (2000) The natural vegetation of the Guyra 1:100 000 map sheet, New England Tableland Bioregion
of New South Wales. Cunninghamia 6, 747-872.
Clarke PJ, White GJ, Beckers D, Williams JB, Whalley RDB, Bruhl JJ, Able E (1995) Survey and Assessment of plant
species and vegetation along the proposed EASTLINK powerline corridor between Armidale, New South Wales and
Gatton, Queensland. Botany Department, University of New England.
Keith DA (2004) ‘Ocean shores to desert dunes: the native vegetation of New South Wales and the ACT’. Department of
Environment and Conservation, Hurstville: New South Wales.
Thackway R, Creswell ID (1995) (eds) ‘An interim biogeographic regionalisation of Australia: a framework for establishing
the national system of reserves.’ (Australian Nature Conservation Agency: Canberra).
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
9321
ERRATUM
THIS Notice of Final Determination was published in Government Gazette No. 129 on 21 October 2005 on page 8874,
the Final Determination was published on page 8917 of the same publication. These should have been published together.
They are now reprinted together correctly:
New South Wales
Notice of Final Determination
under the
Threatened Species Conservation Act 1995
The Scientific Committee established under the Threatened Species Conservation
Act 1995 has made a final determination to insert the following ecological
community as an endangered ecological community under that Act and, accordingly,
Schedule 1 to that Act is amended by inserting in Part 3 in alphabetical order:
Themeda grassland on seacliffs and coastal headlands in the NSW North Coast,
Sydney Basin and South East Corner Bioregions (as described in the final
determination of the Scientific Committee to list the ecological community)
Dated,
this 6th day
of October 2005.
Dated, this
day of
2005.
Dr Lesley Hughes
Chairperson of the Scientific Committee
Copies of final determination and reasons
Copies of the final determination and the reasons for it are available to members of
the public (free of charge) as follows:
(a) on the Internet at www.nationalparks.nsw.gov.au,
(b) by contacting the Scientific Committee Unit, by post C/- Department of
Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone
(02) 9585 6940 or by facsimile (02) 9585 6606,
(c) in person at the Department of Environment and Conservation Information
Centre, Level 14, 59-61 Goulburn St, Sydney.
Page 1
s05-454-04.p01
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9322
LEGISLATION
4 November 2005
THREATENED SPECIES CONSERVATION ACT 1995
Final Determination
THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to
list Themeda grassland on seacliffs and coastal headlands in the NSW North Coast, Sydney Basin and South East Corner
Bioregions as an ENDANGERED ECOLOGICAL COMMUNITY in Part 3 of Schedule 1 of the Act. Listing of endangered
ecological communities is provided for by Part 2 of the Act.
The Scientific Committee has found that:
1. Themeda grassland on seacliffs and coastal headlands in NSW is an ecological community described by Adam et al.
(1989). The community is found in the NSW North Coast, Sydney Basin and South East Corner Bioregions, on seacliffs
and coastal headlands. The structure of the community is typically closed tussock grassland, but may be open shrubland
or open heath with a grassy matrix between the shrubs. The community belongs to the Maritime Grasslands vegetation
class of Keith (2004).
2. The community is characterised by the following assemblage of species:
Acacia sophorae
Banksia integrifolia
subsp. integrifolia
Commelina cyanea
Glycine clandestina
Glycine microphylla
Hibbertia scandens
Isolepis nodosa
Kennedia rubicunda
Lepidosperma spp.
Leptospermum laevigatum
Lomandra longifolia
Monotoca elliptica
Opercularia aspera
Pimelea linifolia
Poranthera microphylla Sporobolus virginicus
Themeda australis
Viola banksii
Westringia fruticosa
3. The total species list of the community is considerably larger than that given above, with many species present at only
one or two sites, or in low abundance. The species composition of the site will be influenced by the size of the site,
recent rainfall and drought conditions and by its disturbance history (including fire, grazing and land clearing). At any
one time, above ground individuals of some species may be absent, but the species may be represented below ground
in soil seed banks or as dormant structures such as bulbs, corms, rhizomes, rootstocks or lignotubers. The list of species
given above is of the vascular plant species, the community also includes micro-organisms, fungi, cryptogamic plants
and a diverse flora. These components of the community are poorly documented.
4. Themeda australis is the dominant species in the community. Themeda australis is an extremely widespread species,
but in this community may have a distinctive appearance, being prostrate and having glaucous leaves. These features
are retained in cultivation and the form is believed to be genetically distinct (SWL Jacobs, pers. comm.). Scattered
shrubs occur in many stands, most frequently Pimelea linifolia, Banksia integrifolia and Westringia fruticosa. These
and other woody species often have dwarf growth forms. Although a number of woody species are listed as part of the
community, these are usually sparsely distributed and may be absent from some stands. Tussocks of Poa poiformis may
be found in some stands of the community, but Poa poiformis-dominated tussock grassland is generally found lower
on cliffs (closer to the sea and more exposed to spray) and on steeper slopes.
5. A number of threatened species occur in some stands of the community, including Diuris sp. aff. chrysantha, Pultenaea
maritima, Rutidosus heterogama, Thesium australe (Cohn 2004) and Zieria prostrata (Hogbin 2001). The endangered
population of the low growing form of Zieria smithii at Diggers Head is found in this community. The community is the
major habitat for a number of other species, including Chamaecrista maritima, Plectranthus cremnus and Stackhousia
spathulata. The presence of threatened species is a matter which will need to be addressed, on a stand by stand basis
in management plans, but the presence of threatened species is not required for definition of the community.
6. The community is found on a range of substrates, although stands on sandstone are infrequent and small. Larger stands
are found on old sand dunes above cliffs, as for example at Cape Banks and Henry Head in Botany Bay National
Park (Adam et al. 1989), and on basalt headlands, as for example at Damerals Head in Moonee Beach National Park.
Occurrences of the community in northern NSW are discussed by Griffith et al. (2003).
7. Individual stands of the community are often very small, a few square metres, but at some sites larger stands of up
to several hectares or tens of hectares occur. Overall, the community therefore has a highly restricted geographic
distribution comprising small, but widely scattered patches.
8. Themeda grassland on seacliffs and coastal headlands has been affected by pasture improvement to accommodate
livestock grazing to varying degrees throughout its range (e.g. in the Coffs Harbour and Shellharbour-Kiama districts).
More recently, the distribution has been depleted by coastal development. While some stands are protected from further
land use change, a major threat to the community is posed by invasion by shrubs, both introduced species such as
Chrysanthemoides monilifera and Lantana camara, and native species including Acacia sophorae, Banksia integrifolia
and Westringia fruticosa. Although native shrubs are a feature of the community, invasion and conversion to dense
shrubland has occurred at a number of sites in recent years and this may threaten the persistence of grassland elements
in the community. This may reflect changed fire regimes and reduced grazing pressure (including by rabbits). A further
major threat is associated with recreational use, with weed invasion and erosion occurring adjacent to footpaths and
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
LEGISLATION
9323
from use of off-road vehicles. Collectively, these processes may result in a large reduction of the ecological function
of the community.
9. In view of the highly restricted distribution, small patch size and ongoing threats to the community, the Scientific
Committee is of the opinion that Themeda grassland on seacliffs and coastal headlands in the NSW North Coast,
Sydney Basin and South East Corner Bioregions is likely to become extinct in nature in New South Wales unless the
circumstances and factors threatening its survival cease to operate.
Dr LESLEY HUGHES,
Chairperson,
Scientific Committee
References
Adam P, Stricker P, Wiecek BM, Anderson DJ (1989) The vegetation of seacliffs and headlands in New South Wales,
Australia. Australian Journal of Ecology 14, 515-547.
Cohn JS (2004) Effects of slashing and burning on Thesium australe R Brown (Santalaceae) in Coastal grasslands of NSW.
Proceedings of the Linnean Society of New South Wales 125, 57-65.
Griffith SJ, Bale C, Adam P, Wilson R (2003) Wallum and related vegetation on the NSW North Coast: description and
phytosociological analysis. Cunninghamia 8, 202-252.
Hogbin PM (2001) Conservation outcomes arising form research into the population genetics, taxonomy and reproductive
ecology of the endangered plant Zieria prostrata PhD, the Australian National University, Australia.
Keith DA (2004) ‘Ocean shores to desert dunes: The native vegetation of New South Wales and the ACT.’ NSW Department
of Environment and Conservation. Sydney.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9324
OFFICIAL NOTICES
4 November 2005
OFFICIAL NOTICES
Appointments
ABORIGINAL LAND RIGHTS ACT 1983
CARRINGTON CENTENNIAL TRUST
Notice
Appointment of trustees
I, the Honourable Milton Orkopoulos, M.P., Minister for
Aboriginal Affairs, following approval by the New South
Wales Aboriginal Land Council, do, by this notice pursuant
to section 231 (2) of the Aboriginal Land Rights Act 1983
(the Act), extend the appointment of Mr Terry LAWLER as
Administrator to the Purfleet-Taree Local Aboriginal Land
Council for a maximum period of six (6) calendar months,
effective from 7 October 2005. During the period of his
appointment, the Administrator will have all of the functions
of a Local Aboriginal Land Council as specified in section 52
(1) of the Act and any other duties as specified by the agreed
terms of appointment. The Administrator’s remuneration is
not to exceed $60,000 dollars, excluding GST.
HER Excellency the Governor, with the advice of the
Executive Council, pursuant to the provisions of the Deed
of Gift of the Carrington Centennial Trust and the By-Laws
and Rules of the Carrington Centennial Nursing Home, has
approved the appointment of:
1. Richard CLIFTON of 110 Cummins Road, Menangle
NSW 2568; and
2. Aleksander K. JANKOWSKI of 15 Crana Road,
Camden NSW 2570
as trustees of the Carrington Centennial Trust with effect on
and from 2 November 2005.
Signed and sealed this 26th day of October 2005.
MILTON ORKOPOULOS, M.P.,
Minister for Aboriginal Affairs
GOD SAVE THE QUEEN
ABORIGINAL LAND RIGHTS ACT 1983
Notice
I, the Honourable Milton Orkopoulos, M.P., Minister for
Aboriginal Affairs, following approval by the New South
Wales Aboriginal Land Council, do, by this notice pursuant
to section 231 (1) of the Aboriginal Land Rights Act 1983
(the Act), appoint Mr Barry JAMESON as Administrator to
the Ashford Local Aboriginal Land Council for a maximum
period of six (6) calendar months effective from the 10
September 2005. During the period of his appointment,
the Administrator will have all of the functions of a Local
Aboriginal Land Council as specified in section 52 (1) of
the Act and any other duties as specified by the agreed terms
of appointment. The Administrator’s remuneration is not to
exceed $50,000.00 dollars (excluding GST).
Signed and sealed this 29th day of October 2005.
MILTON ORKOPOULOS, M.P.,
Minister for Aboriginal Affairs
GOD SAVE THE QUEEN
JOHN HATZISTERGOS, M.L.C.,
Minister for Health
CRIMES (ADMINISTRATION OF SENTENCES)
ACT 1999
Parole Board
Re-appointment of Member
HER Excellency the Governor, with the advice of the
Executive Council and pursuant to the provisions of the
Crimes (Administration of Sentences) Act 1999, has approved
the re-appointment of John HAIGH as a community member
of the Parole Board for a period of three (3) years dating on
and from 15 September 2005 until 14 September 2008.
TONY KELLY, M.L.C.,
Minister for Justice
LAW ENFORCEMENT (POWERS AND
RESPONSIBILITIES) ACT 2002
Appointment of authorised officers
I, ROBERT JOHN DEBUS, Attorney General, pursuant
to paragraph (c) of the definition of “authorised officer”
contained in section 3 (1) of the Law Enforcement (Powers
and Responsibilities) Act 2002, declare that the occupants of
the following positions are authorised officers on and from
1 December 2005:
All officers employed within the Attorney General’s
Department, within a court registry, holding a position
of Clerk Grade 5/6 and above.
BOB DEBUS, M.P.,
Attorney General
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
9325
Department of Lands
ARMIDALE OFFICE
108 Faulkner Street, Armidale NSW 2350
Phone: (02) 6772 5488
Fax (02) 6771 5348
ROADS ACT 1993
ORDER
Transfer of a Crown road to a Council
IN pursuance of the provisions of section 151, Roads Act 1993, the Crown roads specified in each schedule 1 are transferred
to the Roads Authority specified in the corresponding schedule 2 hereunder, as from the date of publication of this notice
and as from that date, the roads specified in each schedule 1, cease to be Crown roads.
TONY KELLY, M.L.C.,
Minister for Lands.
SCHEDULE 1
Parishes – Goolamanger, Sistova and Bajimba;
Counties – Clive and Drake
Land District and L.G.A. – Tenterfield
The Crown road known as Upper Rocky River Road commencing at the southern boundary of Lot 75, DP 751543 and
extending in a generally southerly direction to its junction with the Timbarra River within Lot 38, DP 751489, as shown
by black colour on the on the diagram hereunder.
75 / 751543
SCHEDULE 2
Roads Authority: Tenterfield Shire Council
File No.: AE05 H 136
Councils Reference: Tony Larkin
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9326
OFFICIAL NOTICES
4 November 2005
SCHEDULE 1
Parish – Duval; County – Sandon
Land District – Armidale; L.G.A. – Armidale Dumaresq
The Crown road known as Tallawong Lane commencing at its intersection with Cluny Road and extending westerly for
about 310 metres, as shown by black colour on the diagram hereunder.
CLUNY
ROAD
170/755819
SCHEDULE 2
Roads Authority: Armidale Dumaresq Council
File No.: AE05 H 136
Councils Reference: ADH:TH:A05/2516
SCHEDULE 1
Parish – Duval; County – Sandon
Land District – Armidale; L.G.A. – Armidale Dumaresq
The Crown road known as Coluche Road commencing at its intersection with Fittler Road and extending south westerly
to its end, as shown by black colour on the on the diagram hereunder.
SCHEDULE 2
Roads Authority: Armidale Dumaresq Council
File No.: AE05 H 136
Councils Reference: ADH:TH:A03/1072-05/2789
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
9327
DUBBO OFFICE
142 Brisbane Street (PO Box 865), Dubbo NSW 2830
Phone: (02) 6841 5200
Fax: (02) 6841 5231
REVOCATION OF RESERVATION OF
CROWN LAND
REVOCATION OF RESERVATION OF
CROWN LAND
PURSUANT to section 90 of the Crown Lands Act 1989,
the reservation of Crown land specified in Column 1 of
the Schedule hereunder is revoked to the extent specified
opposite thereto in Column 2 of the Schedule.
PURSUANT to section 90 of the Crown Lands Act 1989,
the reservation of Crown land specified in Column 1 of
the Schedule hereunder is revoked to the extent specified
opposite thereto in Column 2 of the Schedule.
TONY KELLY, M.L.C.,
Minister for Lands.
SCHEDULE
COLUMN 1
Land District: Dubbo
Local Government Area:
Dubbo City Council
Locality: North Dubbo
Reserve No. 24307
Public Purpose: Police
Purposes
Notified: 27 June 1896
Lot 10, DP 1090052,
Parish Dubbo, County Lincoln
Lot PT 11, DP 1090052,
Parish Dubbo, County Lincoln
File Reference: DB02 R 17/1
COLUMN 2
The part being
Lot PT 11, DP 1090052,
Parish Dubbo,
County Lincoln
of an area of 3188m2
Note: It is proposed to Dispose of that Part of Lot 11 formerly
comrising part of Lot 701 in DP 1020026 to PCYC
TONY KELLY, M.L.C.,
Minister for Lands.
SCHEDULE
COLUMN 1
Land District: Coonabarabran
Local Government Area:
Warrumbungle Shire Council
Locality: Neible
Reserve No. 94044
Public Purpose: Future Public
Requirements
Notified: 12 December 1980
Lot 113, DP 724593,
Parish Neible, County Napier
Lot 26, DP 754978,
Parish Neible, County Napier
Lot 25, DP 754978,
Parish Neible, County Napier
File Reference: DB88 H 275
COLUMN 2
The part being
Lot 113, DP 724593,
Parish Neible,
County Napier
of an area of 164.4ha
Note: It is intended to dispose of Lot 113 by way of Private
Treaty Sale to W A McGrath
GRAFTON OFFICE
76 Victoria Street (Locked Bag 10), Grafton NSW 2460
Phone: (02) 6640 2000
Fax: (02) 6640 2035
ROADS ACT 1993
SCHEDULE 2
Order
Roads Authority: Clarence Valley Council (P00901)
Department of Lands Reference: GF04 H 503
Transfer of a Crown Road to a Council
IN pursuance of the provisions of section 151, Roads Act
1993, the Crown roads specified in Schedule 1 is hereby
transferred to the Roads Authority specified in Schedule 2
hereunder, as from the date of publication of this notice and
as from the date, the road specified in schedule 1, ceases to
be Crown road.
TONY KELLY, M.L.C.,
Minister for Lands.
ERRATUM
IN the notice appearing in the NSW Government Gazette No.
126, Folio 8804, dated 14 October 2005 under the heading
“Appointment of Corporation to Manage Reserve Trust”, in
Column 1 of the notice, replace “North Coast Ministerial
Corporation Reserve Trust” with, “Lands Administration
Ministerial Corporation”.
SCHEDULE 1
Parish – Woodford; County – Clarence
Land District – Grafton; Shire – Clarence Valley Council
Description: Crown road commencing at the southeast
boundary of Lot 51, DP 1082007 and extending southwesterly
to the southwestern boundary of Lot 2, DP 1011955 and
adjoining Woodford Dale Road.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
TONY KELLY, M.L.C.,
Minister for Lands
9328
OFFICIAL NOTICES
4 November 2005
MAITLAND OFFICE
Corner Newcastle Road and Banks Street (PO Box 6), East Maitland NSW 2323
Phone: (02) 4934 2280
Fax: (02) 4934 2252
REVOCATION FOR RESERVATION OF
CROWN LAND
REVOCATION FOR RESERVATION OF
CROWN LAND
PURSUANT to section 90 (1) of the Crown Lands Act
1989, the reservation of Crown land specified in Column 1
of the Schedule hereunder is revoked to the extent specified
opposite thereto in Column 2 of the Schedule.
PURSUANT to section 90 (1) of the Crown Lands Act
1989, the reservation of Crown land specified in Column 1
of the Schedule hereunder is revoked to the extent specified
opposite thereto in Column 2 of the Schedule.
TONY KELLY, M.L.C.,
Minister for Lands.
SCHEDULE
COLUMN 1
Land District: Newcastle
Local Government Area:
Port Stephens
Locality: Cromarty Bay
Reserve No: 56146
Public Purpose: from Sale or
Lease Generally
Notified: 11 May 1923
File Reference: MD01 H 239
COLUMN 2
That part being within:
Lots 1 and 2, DP 1057448
Parish: Tomaree
County: Gloucester
Area: 273.7 square metres
TONY KELLY, M.L.C.,
Minister for Lands
SCHEDULE
COLUMN 1
Land District: Newcastle
Local Government Area:
Port Stephens
Locality: Cromarty Bay
Reserve No: 93630
Public Purpose: for Future
Public Requirements
Notified: 12 September 1980
File Reference: MD01 H 239
COLUMN 2
That part being within:
Lot 387, DP 753204
Parish: Tomaree
County: Gloucester
Area: 556.4 square metres
NOWRA OFFICE
5 O’Keefe Avenue (PO Box 309), Nowra NSW 2541
Phone: (02) 4428 6900
Fax: (02) 4428 6988
WOONONA BULLI SCHOOL OF ARTS
Appointment of Trustee
IT is hereby notified for general information that the offices
of Ms Carol Joy Fleming and Messrs Richard Owen Fleming
and Christian Fleming as trustees of the land held for the
purposes of a School of Arts at Woonona were declared
vacant and that the undermentioned association was elected
as the sole trustee at a special general meeting of members
held in accordance with the provisions of section 14 of the
Trustees of Schools of Arts Enabling Act 1902. I, therefore,
as Minister for Lands, in pursuance of the powers given me
in the same section, hereby approve of the undermentioned
association to be the sole trustee of the aforesaid institution,
namely: Woonona Bulli School of Arts Incorporated. File:
NA89 R 4
TONY KELLY, M.L.C.,
Minister for Lands
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
9329
SYDNEY METROPOLITAN OFFICE
Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150
(PO Box 3935, Parramatta NSW 2124)
Phone: (02) 8836 5300
Fax: (02) 8836 5365
APPOINTMENT OF CORPORATION TO MANAGE
RESERVE TRUST
PURSUANT to section 95 of the Crown Lands Act 1989,
the corporation specified in Column 1 of the Schedule
hereunder is appointed to manage the affairs of the reserve
trust specified opposite thereto in Column 2, which is trustee
of the reserve referred to in Column 3 of the Schedule.
SCHEDULE
COLUMN 1
Lands
Administration
Ministerial
Corporation
COLUMN 2
Rawson Park
(R1004608)
Reserve Trust
TONY KELLY, M.L.C.,
Minister for Lands
SCHEDULE
COLUMN 1
Eramboo World
Studies Centre
Pty Limited
COLUMN 2
Eramboo
(R1011068)
Reserve Trust
COLUMN 3
Reserve 1011068 for
Public Recreation and
Environmental Protection
notified in the Government
Gazette this day.
File No.: MN05 R 41
COLUMN 3
Part Reserve No. 1004608
for the public purpose
of public recreation and
environmental protection
notified in the Government
Gazette of 30 May 2003
being the tennis court
complex comprising four
tennis courts, a clubhouse
and surrounding enclosed
land having an area of
about 2780m2 as shown
by hatching on diagram
hereunder.
File No.: MN81 R 85/3
ESTABLISHMENT OF RESERVE TRUST
PURSUANT to section 92 (1) of the Crown Lands Act,
1989, the reserve trust specified in Column 1 of the Schedule
hereunder is established under the name stated in that column
and is appointed as trustee of the reserve opposite thereto in
Column 2 of the Schedule.
TONY KELLY, M.L.C.,
Minister for Lands
SCHEDULE
COLUMN 1
Eramboo (R1011068)
Reserve Trust
COLUMN 2
Reserve 1011068 for Public
Recreation and
Environmental Protection
notified in the Government
Gazette this day.
File No.: MN05 R 41
APPOINTMENT OF COPORATION TO MANAGE
RESERVE TRUST
PURSUANT to section 92 (6B) of the Crown Lands Act
1989, the corporation specified in Column 1 of the Schedule
hereunder is appointed to manage the affairs of the reserve
trust specified opposite thereto in Column 2 for that part of
the reserve referred to in Column 3 of the Schedule.
This appointment acknowledges that the corporation that
was appointed in the Government Gazette of 30 May 2003 to
manage the affairs of the reserve trust specified in Column
2 hereunder will now have the function of managing the
balance of Reserve 1004608 i.e. excluding the part referred
to in Column 3 of the Schedule.
TONY KELLY, M.L.C.,
Minister for Lands
RESERVATION OF CROWN LAND
PURSUANT to section 87 of the Crown Lands Act, 1989, the
Crown land specified in Column 1 of the Schedule hereunder
is reserved as specified opposite thereto in Column 2 of the
Schedule.
TONY KELLY, M.L.C.,
Minister for Lands
SCHEDULE
COLUMN 1
COLUMN 2
Land District: Metropolitan
Reserve No. 1011068 for
Parish: Broken Bay
the purpose of Public
County: Cumberland
Recreation and
Locality: Terrey Hills
Environmental Protection
Local Government Area:
Warringah
Lot: 233, DP752017
Area: 1.335 ha
Torrens Title Identifier: 233/752017
File No.: MN05 R 41
Reserve No. 87558 notified 12 December 1969 for
future public requirements is automatically revoked by this
notification.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9330
OFFICIAL NOTICES
4 November 2005
NOTIFICATION OF CLOSING OF ROAD
APPOINTMENT OF TRUST BOARD MEMBERS
IN pursuance of the provisions of the Roads Act, 1993,
the road hereunder specified is closed and the road ceases
to be public road and the rights of passage and access that
previously existed in relation to the road are extinguished.
PURSUANT to section 93 of the Crown Lands Act 1989,
the persons whose names are specified in Column 1 of the
Schedule hereunder are appointed, for the terms of office
specified in that Column, as members of the trust board for the
reserve trust specified opposite thereto in Column 2, which
has been established and appointed as trustee of the reserve
referred to opposite thereto in Column 3 of the Schedule.
TONY KELLY, M.L.C.,
Minister for Lands
TONY KELLY, M.L.C.,
Minister for Lands
Descriptions
Land District – Picton; L.G.A. – Campbelltown
Lot 1, DP 1086235 at Eschol Park, Parish St Peter
(Sheet 1), County Cumberland. MN04 H 92
Notes: (1) On closing, title for the land in lot 1 remains vested
in Campbelltown City Council as operational
land.
(2) The road is closed subject to the easement to drain
water 3 wide as shown in DP 1086235.
SCHEDULE
COLUMN 1
Robert Edward
McKEOWN
(new member)
John Joseph
MORRIS
(new member)
COLUMN 2
Wentworth Park
Sporting
Complex Trust
COLUMN 3
Area at Glebe proclaimed a
public park in the
Government Gazette of
10 November 1885
Dedication No: D500010
Torrens title identifier:
678/729635
For the period ending
on 26 May 2010
(File: 04/1239)
TAMWORTH OFFICE
25-27 Fitzroy Street (PO Box 535), Tamworth NSW 2340
Phone: (02) 6764 5100
Fax: (02) 6766 3805
ROADS ACT 1993
Order
Transfer of Crown Road to Council
IN pursuance of provisions of section 151, Roads Act
1993, The Crown public roads specified in Schedule 1 are
transferred to the Roads Authority specified in Schedule 2
hereunder, as from the date of publication of this notice and
as from that date, the roads specified in Schedule 1 cease to
be Crown public road.
TONY KELLY, M.L.C.,
Minister for Lands
SCHEDULE 1
Parish – Nangahrah; County – Darling
Land District – Tamworth;
L.G.A – Tamworth Regional Council
Crown public road of 20.115 metres wide and described
as within and separating Lot 56 from Lot 53 in DP 752195;
North and East of Lot 54 in DP 752195; part separating Lot
9 in DP 752195 from Lot 22 in DP 801033 (that part not
already Council Public Road).
SCHEDULE 2
Roads Authority: Tamworth Regional Council
File No: TH87 H 17
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
9331
Department of Natural Resources
WATER ACT 1912
WATER ACT 1912
AN application for a licence under Part 5 of the Water Act
1912, as amended has been received from:
APPLICATIONS under Part 2, within proclaimed (declared)
local areas under section 5 (4) of the Water Act 1912.
RAYMOND JOHN HENWOOD for a proposed artesian
bore, Lot 4196, DP766763, Parish of Braltchee, County
of Narran for stock and domestic purposes (new license)
80BL242017
Applications for a new authority for Joint Water Supply
under section 20 for works within a proclaimed (declared)
area as generally described hereunder have been received
from:
RAYMOND JOHN HENWOOD for a proposed artesian
bore, Lot 3269, DP765494 Parish of Terra Walka, County
of Narran for stock and domestic purposes (new license)
80BL243090
Macquarie River Valley
Any inquires regarding the above should be directed to
the undersigned (telephone (02) 6764 6809).
Formal objections with grounds stating how your interests
may be affected must be lodged by Thursday 1 December
2005, as prescribed by the Act. GA2:494472
TONY HALL,
Senior Natural Resource Officer (Resource Access)
Department of Natural Resources,
PO Box 550, Tamworth NSW 2340
WATER ACT 1912
AN application under Part 2, being within a proclaimed
(declared) local area under section 20E (2) of the Water Act
1912, as amended.
An application for an amended authority within a
proclaimed local area as generally described hereunder has
been received as follows:
MacIntyre-Dumaresq River Valley
William John SEERY, Ada SEERY, Richard James
SEERY, Ian John SEERY, Stephen Paul SEERY, Michael
William SEERY and Gregory John Arthur Morris for two
(2) pumps and a diversion channel, pipe and gate on the
Macintyre River on Lot 9, DP750503 and two (2) diversion
pipes and gates on Part Lot 18, DP750503, all Parish of
Tycawina, County of Benarba for water supply for stock and
domestic purposes and irrigation of 2,918.5 hectares. This
application seeks to amend 90SA11734 to include 81 hectares
(486 megalitres) of existing Macintyre River entitlement.
L.O. Papers 90SA11744. GA2472236.
Written objections to the application specifying the
grounds thereof may be made by any statutory authority
or local occupier within the proclaimed (declared) area,
whose interest may be affected and must be lodged with the
Department’s Manager, Resource Access, Tamworth within
28 days as specified in the Act.
GEOFF CAMERON,
Manager Resource Access
Department of Natural Resources,
PO Box 550, Tamworth NSW 2340
GORDON WEDLOCK PRIESTLEY AND DUNCAN
JAMES PRIESTLEY for a pump on the Macquarie River,
Lot 10, DP 751574, Parish of Geera, County of Clyde for
water supply for stock purposes and irrigation of 162 hectares
(winter cereals and cotton) (replacing existing entitlement
due to change to pump site location) (80SA10632).
WATERMAN PASTORAL CO PTY LIMITED and
MARISMAS INVESTMENTS PTY LIMITED for a pump
on the Macquarie River, Lot 25, DP 42186, Parish of
Pullingarwarina, County of Gregory for water supply for
stock and domestic purposes and irrigation of 648 hectares
(summer and winter sown crops) (replacing existing
entitlement due to a reduction from 3 pumps to 1 pump of
the same extraction capacity) (80SA10633).
Written objections to the applications specifying grounds
thereof, may be made by any statutory authority or local
occupier within the proclaimed local (declared) area and must
be lodged with the Departments Regional Office at Dubbo,
within twenty-eight (28) days as prescribed by the Act.
AN application for a licence under Part 5 of the Water Act
1912, as amended has been received from:
MAX GEORGES LEFEBVRE AND LOUISE GRAY
LEFEBVRE for a proposed artesian bore, Lot 11, DP604040,
Parish of Yarragoora, County of Leichhardt for water supply
for stock and domestic purposes to the occupiers of Lots 23,
44 and 47, DP 754203 and Lots 481 and 482, DP 817455,
Parish of Dinoa, County of Leichhardt and Lots 1, 15, 20,
21, 33, 48, 49, 50, 51, 52, 53, 54 and 55, DP 754278, Lot 8,
DP 604039, Lots 10 and 11, DP 604040, Lots 341 and 342,
DP 827309, Parish of Yarragoora, County of Leichhardt.
(replacing abandoned bore number 4059) (in lieu of advert
dated 22 August 2005) (80BL242885).
Written objections to the applications specifying grounds
of how your interests may be affected may be made by any
statutory authority or local occupier within the proclaimed
local (declared) area and must be lodged with the Departments
Office at Dubbo, by the 18 November 2005 as prescribed by
the Act.
Any inquiries regarding the above should be directed to
the undersigned (telephone 6884 2560). GA2: 306738
FRED HUNDY,
Water Access Manager, Macquarie
Department of Natural Resources,
PO Box 717, Dubbo NSW 2830
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9332
OFFICIAL NOTICES
4 November 2005
WATER ACT 1912
WATER ACT 1912
AN application under Part 2, being within a proclaimed
(declared) local area under section 10 of the Water Act
1912, as amended.
APPLICATION for a license under Part 2 of the Water Act
1912 being within a Proclaimed (declared) Local Area under
section 5 (4) of the Act.
An application for a licence within a proclaimed local
area as generally described hereunder has been received as
follows:
An application for a license under section 10 of Part 2 of
the Water Act 1912, has been received as follows:
MacIntyre River Valley
Douglas Howard JOHNSTON for a pump on Frying Pan
Creek on Lot 138, DP 750079, Parish of Burgundy, County of
Arrawatta for water supply for irrigation of 10.25 hectares (52
megalitres). Application seeks to split an existing entitlement
into two (2) entitlements – no increase in entitlement. L.O.
Papers 90SL100871. GA2472236
Written objections to the application specifying the
grounds thereof may be made by any statutory authority
or local occupier within the proclaimed (declared) area,
whose interest may be affected and must be lodged with the
Department’s Manager, Resource Access, Tamworth within
28 days as specified in the Act.
GEOFF CAMERON,
Manager Resource Access
Department of Natural Resources,
PO Box 550, Tamworth NSW 2340
Lachlan River Valley
ALFALFA (CANOWINDRA) PTY LIMITED for 2
pumps on the Belubula River on Lots 196 and 34, DP
750175, Parish of Nanami, County of Ashburnham for
irrigation of 100 hectares (lucerne) (existing works) (new
licence – combining existing entitlements) (GA2:466391)
(Ref: 70SL091054)
Written objections specifying grounds thereof, may be
made by any statutory authority or local occupier within the
proclaimed local area whose interests may be effected, must
be lodged with the Department within 28 days of the date of
this publication as prescribed by the Act.
VIV RUSSELL,
Resource Access Manager
Department of Natural Resources,
Central West Region,
PO Box 136, Forbes NSW 2871
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
9333
Department of Primary Industries
FISHERIES MANAGEMENT ACT 1994
FISHERIES MANAGEMENT (AQUACULTURE)
REGULATION 2002
Clause 37 (3) – Notice of Granting of Class 1 Aquaculture
Lease
THE Minister has granted the following Class 1 Aquaculture
Lease:
OL96/051 within the estuary of Port Stephens having an
area of 4.9519 hectares to Alldinga Pty Ltd of Oyster Cove
NSW, for a term of 15 years expiring on 26 May 2020.
ANTHONY HURST,
A/Director, Fisheries Management,
Agriculture and Fisheries Division,
NSW Department of Primary Industries
FISHERIES MANAGEMENT ACT 1994
FISHERIES MANAGEMENT (AQUACULTURE)
REGULATION 2002
Clause 39 (4) – Notice of Aquaculture Lease Renewal
THE Minister has renewed the following class 1 Aquaculture
Leases:
OL74/214 within the estuary of Merimbula Lake, having
an area of 0.6078 hectares to Aquaculture Enterprises Pty
Ltd of Pambula NSW, for a term of 15 years expiring on 7
July 2020.
OL56/062 within the estuary of the Clyde River, having an
area of 0.9345 hectares to Constantinos Yiannaros of Surfside
NSW, for a term of 15 years expiring on 11 April 2021.
OL75/003 within the estuary of Merimbula Lake, having
an area of 8.4280 hectares to Jack Cole of Merimbula NSW,
for a term of 15 years expiring on 4 August 2020.
OL60/153 within the estuary of the Bellinger River,
having an area of 0.7812 hectares to Eric and Deborah
Lindsay of Urunga NSW, for a term of 15 years expiring on
3 September 2020.
OL74/158 within the estuary of Wallis Lake, having an
area of 0.7484 hectares to Polson Oysters Pty Ltd of Old Bar
NSW, for a term of 15 years expiring on 31 March 2020.
OL96/057 within the estuary of the Manning River, having
an area of 0.5538 hectares to Polson Oysters Pty Ltd of Old
Bar NSW, for a term of 15 years expiring on 5 April 2020.
OL74/271 within the estuary of Wallis Lake, having an
area of 0.7863 hectares to Polson Oysters Pty Ltd of Old Bar
NSW, for a term of 15 years expiring on 1 December 2019.
OL68/205 within the estuary of Brisbane Waters, having
an area of 1.0643 hectares to Gary and Dawn Hoare of Green
Point NSW, for a term of 15 years expiring on 3 November
2020.
OL74/144 within the estuary of the Pambula River, having
an area of 1.4889 hectares to Raymond and Christine Tynan
of Eden NSW, for a term of 15 years expiring on 25 June
2020.
OL74/125 within the estuary of the Pambula River, having
an area of 0.9224 hectares to Raymond and Christine Tynan
of Eden NSW, for a term of 15 years expiring on 26 July
2020.
AL02/028 within the estuary of Merimbula Lake, having
an area of 1.1642 hectares to Mervyn and Judith Hansen,
Kellie Knight and Nicole Corone of Pambula NSW, for a
term of 15 years expiring on 23 January 2020.
AL02/029 within the estuary of Merimbula Lake, having
an area of 1.2057 hectares to Mervyn and Judith Hansen,
Kellie Knight and Nicole Corone of Pambula NSW, for a
term of 15 years expiring on 23 January 2020.
AL02/030 within the estuary of Merimbula Lake, having
an area of 1.2051 hectares to Mervyn and Judith Hansen,
Kellie Knight and Nicole Corone of Pambula NSW, for a
term of 15 years expiring on 23 January 2020.
OL60/161 within the estuary of the Manning River,
having an area of 1.6638 hectares to Clift Oysters Pty Ltd
of Tuncurry NSW, for a term of 15 years expiring on 29
August 2020.
OL75/124 within the estuary of Wallis Lake, having an
area of 0.8360 hectares to Graham Barclay of Forster NSW,
for a term of 15 years expiring on 25 July 2021.
ANTHONY HURST,
A/Director, Fisheries Management,
Agriculture and Fisheries Division,
NSW Department of Primary Industries
PLANT DISEASES ACT 1924
Section 5A
Order OR89
Order lessening the risk posed by the pest potato cyst
nematode
I, Ian MacDonald, M.L.C., Minister for Primary Industries,
pursuant to section 5A of the Plant Diseases Act 1924 (“the
Act”), for the purpose of lessening the risk posed by the pest
potato cyst nematode, by this Order, in regard to the part of
the State specified in Schedule 1 (“the Property”):
1. require an appropriate person to prohibit:
(a) the excavation or disturbance of any part of the area
of land that is described in Schedule 2, being the
site at which certain potato waste was buried (“the
Burial Site”);
(b) the removal from the Property of any soil from the
Burial Site; and
(c) from being grown on the Property, any plant that is
a host plant for the pest potato cyst nematode, being
any plant listed in Schedule 3 (“Host Plant”);
2. require an appropriate person to give to an inspector
written notice of a proposed change of ownership or
occupancy of the Property at least 14 days before the
change of ownership or occupancy of the Property.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9334
OFFICIAL NOTICES
Definitions:
In this Order:
“appropriate person” means:
(b) provide that the process for objecting to the carrying
out of fruit fly treatment is as specified in Schedule
Three.
(a) an owner or occupier of the Property;
(b) a person in possession of any soil from the Burial
Site.
“inspector” means an inspector appointed under the
Act.
SCHEDULE 1 – The Property
The property described as 665 Bents Basin Road, Wallacia
in the State of New South Wales and having Folio Identifier
2/814869.
SCHEDULE 2 – The Burial Site
The area of land on the Property bounded by the
coordinates set out below:
Northing
Easting
Point
6243689.271
6243650.81
6243640.312
6243677.197
281489.2087
281486.5681
281539.4392
281544.2867
4 November 2005
NW
SW
SE
NE
The above coordinates are in the UTM AMG Z56
projection, based on the ‘Australian Geodetic Datum 1966’
(commonly called ‘AGD66’) notified in the Commonwealth
Government Gazette No. 84 on 6 October 1966 at page
4984.
SCHEDULE 3 – Host Plant
Potato (Solanum spp)
Tomato (Lycopersicon spp)
Egg Plant (Solanum melongena)
Night Shades (Solanum spp)
IAN MACDONALD, M.L.C.,
Minister for Primary Industries
Note: Pursuant to section 13 (1B) (c) of the Act, an inspector
will conduct inspections of the Property for a period
of 4 years from the date of this Order for the purpose
of determining whether the obligations imposed by
this Order have been discharged.
PLANT DISEASES ACT 1924
OR89: Order under section 13A
I, Ian MacDonald, M.L.C., Minister for Primary
Industries:
1. pursuant to section 3 (2) of the Plant Diseases Act 1924,
revoke Order (OR87) published in Government Gazette
of 15 April 2005, Gazette No. 47 on page 1437, and
2. pursuant to section 13A of the Plant Diseases Act 1924,
am of the opinion that this Order is necessary to avoid an
adverse effect on trade in fruit:
(a) authorise an inspector to enter all land or premises
with a frontage to or access from a street which is
within an urban 60 km an hour or less speed limit
zone in the towns specified in Schedule One to carry
out the fruit fly treatment specified in Schedule
Two, to control the pest Queensland Fruit Fly, and
SCHEDULE 1
Specified towns
Barellan
Barham
Barooga
Berrigan
Broken Hill
Corowa
Darlington Point
Deniliquin
Finley
Goolgowi
Griffith
Grong Grong
Hay
Hillston
Howlong
Jerilderie
Kamarah
Leeton
Mathoura
Merriwagga
Menindee
Moama
Mulwala
Narrandera
Tocumwal
Wamoon
Yanco
Yenda
SCHEDULE 2
Fruit fly treatment
In this Order:
fruit fly treatment means any one or a combination of
the following:
(a) Fruit fly bait spraying:
An insecticide plus protein autolysate extract is
applied to plant foliage as a spot spray from a
backpack spray unit.
Note: The registered insecticide is Hy-Mal® that
has the active constituent “maldison”. The
protein autolysate extract is Natflav 500®.
Australian Pesticides and Veterinary
Medicines Authority permit number:
PER7364.
(b) Cover spray of fruit trees:
An insecticide spray is applied to plant foliage
and fruit as a mist spray from a backpack spray
unit or by a powered spray unit.
Note: The registered insecticide is Lebaycid® that
has the active constituent “fenthion”.
(c) The release of sterile Queensland Fruit Fly.
SCHEDULE 3
Objection to fruit fly treatment authorised by order
1. An occupier of land or premises on which fruit fly
treatment is authorised by this Order to be carried out may
object to the carrying out of the fruit fly treatment.
2. An objection must:
(a) be in writing addressed to the Director-General of
the NSW Department of Primary Industries, and
(b) identify the property concerned, the name and
contact details of the person objecting.
3. An objection will only be considered if it is:
(a) received by the Regional Director of Agriculture
and Fisheries (Murrumbidgee/Murray Region)
NSW Department of Primary Industries, Yanco
Agricultural Institute, Private Mail Bag, Yanco
NSW, 2703 before the time that an inspector attends
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
the property to undertake the work and in any event
by 18 November 2005, or
(b) given to an inspector who, for the purpose of
carrying out the fruit fly treatment, has entered the
land or premises of the person objecting to the fruit
fly treatment being carried out.
Note: This Order remains in force for 6 months from
the date of its making.
Dated this 29th day of October 2005.
IAN MACDONALD, M.L.C.,
Minister for Primary Industries
EXHIBITED ANIMALS PROTECTION ACT 1986
9335
SCHEDULE 3
Functions of the Chief Veterinary Officer delegated to
Deputy Chief Veterinary Officers
Column 1
Section 9
Short description
Possession or administration
of exotic disease agents
Duration of quarantine order
Undertaking in certain cases
Seized animals and property
Compensation of owners
Settlement
Appointment of inspectors
Identity cards
Section 36
Section 38A
Section 42
Section 55
Section 59
Section 68
Section 69
Made this 27th day of October 2005.
Appointment of Member
Exhibited Animals Advisory Committee
I, Ian MacDonald, M.L.C., Minister for Primary Industries,
pursuant to section 6 (3) and 6 (4) (a) of the Exhibited
Animals Protection Act 1986, appoint Matthew CRANE to
the Exhibited Animals Advisory Committee, for a three year
term of office commencing 14 January 2006.
Dated this 23rd day of September 2005.
IAN MACDONALD, M.L.C.,
Minister for Primary Industries
EXOTIC DISEASES OF ANIMALS ACT 1991
Appointment of Chief Veterinary Officer and
Deputy Chief Veterinary Officers
Delegated Chief Veterinary Officer Powers and Functions
I, Barry Desmond Buffier, Director-General of the NSW
Department of Primary Industries, for the purposes of the
Exotic Diseases of Animals Act 1991 (the Act), hereby:
1. pursuant to section 66 (1) of the Act revoke all
previous appointments of Chief Veterinary Officer
and Deputy Chief Veterinary Officer, and
2. pursuant to section 66 (1) of the Act appoint the
officer employed in the NSW Department of Primary
Industries listed in Schedule 1 to be Chief Veterinary
Officer, and
3. pursuant to section 66 (1) of the Act appoint the
officers employed in the NSW Department of
Primary Industries listed in Schedule 2 to be Deputy
Chief Veterinary Officers, and
4. pursuant to section 66 (2) of the Act declare that
a Deputy Chief Veterinary Officer may exercise
the powers and perform the functions of the Chief
Veterinary Officer specified in Column 1 of the table
set out in Schedule 3.
SCHEDULE 1
Chief Veterinary Officer
Bruce Morgan CHRISTIE
SCHEDULE 2
Deputy Chief Veterinary Officers
Graeme Walter EGGLESTON
Ian Stephen DENNEY
Ian James ROTH
B. D. BUFFIER,
Director-General
PLANT DISEASES ACT 1924
Order OR88 pursuant to section 5A
Order prohibiting the sale of certain plants in
New South Wales
I, Ian MacDonald, M.L.C., Minister for Primary Industries,
pursuant to section 5A of the Plant Diseases Act 1924, for
the purpose of treating a disease or pest or preventing the
spread of disease or a pest, or for the purpose of eradicating or
lessening the risk of disease or pest or to prevent any disease
or pest attacking or being harboured, prohibit such acts or the
taking of such measures as are specified in Schedule 1.
SCHEDULE 1
1. In this order:
appropriate person has the same meaning it has in
section 5A of the Plant Diseases Act 1924.
Note: Section 5A of the Plant Diseases Act 1924
defines an appropriate person as:
(a) an owner or occupier of land or premises,
or
(b) a person in possession of plants, fruit,
coverings or any other things, whether of
the same or of a different kind or nature.
2. An appropriate person must not sell a parcel of seeds
containing:
(a) Sclerote (that is, the whole or any part of an externally
black resting body composed of a mass of fungal
hyphae produced by Sclerotinia spp), but only
when contained in a parcel of seeds of the species
Helianthus annuus, or
(b) Anguina agrostis Steinbuch, (1799) Filipjev galls (a
plant parasitic nematode that infects ryegrass).
Note: This order is revoked on the fifth anniversary
of the date on which it was published in the
Government Gazette.
Dated at 29th day of October 2005.
IAN MACDONALD, M.L.C.,
Minister for Primary Industries
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9336
OFFICIAL NOTICES
MINERAL RESOURCES
NOTICE is given that the following applications have been
received:
EXPLORATION LICENCE APPLICATIONS
(05-280)
No. 2598, CLANCY EXPLORATION PTY LTD (ACN
105 578 756), area of 61 units, for Group 1, dated 18 October,
2005. (Orange Mining Division).
(05-081)
No. 2599, CLANCY EXPLORATION PTY LTD (ACN
105 578 756), area of 67 units, for Group 1, dated 18 October,
2005. (Orange Mining Division).
(05-282)
No. 2600, CLANCY EXPLORATION PTY LTD (ACN
105 578 756), area of 51 units, for Group 1, dated 18 October,
2005. (Orange Mining Division).
(05-283)
No. 2601, CLANCY EXPLORATION PTY LTD (ACN
105 578 756), area of 18 units, for Group 1, dated 18 October,
2005. (Orange Mining Division).
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
4 November 2005
until 18 August, 2006. Renewal effective on and from 25
October, 2005.
(T02-0030)
Exploration Licence No. 5987, TEMPLAR RESOURCES
LIMITED (ACN 085 644 944), County of Ashburnham ,
Map Sheet (8431 & 8531), area of 50 units, for a further term
until 2 September, 2006. Renewal effective on and from 25
October, 2005.
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
CANCELLATION OF AUTHORITY AT REQUEST
OF HOLDER
NOTICE is given that the following authority has been
cancelled:
(T02-0018)
Exploration Licence No. 5996, PARADIGM NSW PTY
LTD (ACN 099 477 979), County of Clarke, County of Gough
and County of Hardinge, Map Sheet (9237, 9238), area of 30
units. Cancellation took effect on 18 October, 2005.
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
NOTICE is given that the following applications for renewal
have been received:
(04-3153)
Authorisation No. 171, MT ARTHUR COAL PTY
LIMITED (ACN 000 181 902), area of 399 hectares.
Application for renewal received 25 October, 2005.
(T92-0204)
Exploration Licence No. 4459, CENTRAL WEST GOLD
NL (ACN 003 078 591), area of 1 unit. Application for
renewal received 24 October, 2005.
(T01-0132)
Exploration Licence No. 5909, RONALD NORMAN
LEES AND SUSAN NICOLA BORDER, area of 2 units.
Application for renewal received 25 October, 2005.
(T03-0116)
E x p l o r a t i o n L i c e n c e N o . 6 1 6 5 , M I N O TA U R
OPERATIONS PTY LTD (ACN 108 925 284), area of 28
units. Application for renewal received 25 October, 2005.
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
RENEWAL OF CERTAIN AUTHORITIES
NOTICE is given that the following authorities have been
renewed:
(T02-0029)
Exploration Licence No. 5974, TEMPLAR RESOURCES
LIMITED (ACN 085 644 944), County of Kennedy , Map
Sheet ( 8432 & 8532), area of 42 units, for a further term
PART CANCELLATIONS
NOTICE is given that the following authorities have been
cancelled in part:
(05-2454)
Exploration Licence No. 6168, CULLEN EXPLORATION
PTY LIMITED (ACN 077 371 165).
Description of area cancelled:
An area of 34 units has been cancelled. For further
information contact Titles Branch.
Part cancellation took effect on 21 October, 2005. The
authority now embraces an area of 32 units.
(05-2454)
Exploration Licence No. 6206, CULLEN EXPLORATION
PTY LIMITED (ACN 077 371 165).
Description of area cancelled:
An area of 100 units has been cancelled. For further
information contact Titles Branch.
Part cancellation took effect on 21 October, 2005. The
authority now embraces an area of 157 units.
(05-2454)
Exploration Licence No. 6207, CULLEN EXPLORATION
PTY LIMITED (ACN 077 371 165).
Description of area cancelled:
An area of 161 units has been cancelled. For further
information contact Titles Branch.
Part cancellation took effect on 21 October, 2005. The
authority now embraces an area of 139 units.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
(05-2454)
Exploration Licence No. 6227, CULLEN EXPLORATION
PTY LIMITED (ACN 077 371 165).
Description of area cancelled:
An area of 32 units has been cancelled. For further
information contact Titles Branch.
Part cancellation took effect on 21 October, 2005. The
authority now embraces an area of 41 units.
(05-2454)
Exploration Licence No. 6256, CULLEN EXPLORATION
PTY LIMITED (ACN 077 371 165).
9337
EXPIRY
Consolidated Coal Lease No. 742 (Act 1973), COALPAC
PROPRIETARY LIMITED (ACN 003 558 914), Parish of
Blackheath, County of Cook; Parish of Clwydd, County of
Cook; Parish of Hartley, County of Cook; Parish of Lett,
County of Cook; and Parish of Wollangambe, County of
Cook. This title expired on 25 October 2005.
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
Description of area cancelled:
An area of 36 units has been cancelled. For further
information contact Titles Branch.
Part cancellation took effect on 21 October 2005. The
authority now embraces an area of 64 units.
IAN MACDONALD, M.L.C.,
Minister for Natural Resources,
Minister for Primary Industries
and Minister for Mineral Resources
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9338
OFFICIAL NOTICES
4 November 2005
Roads and Traffic Authority
ROADS ACT 1993
Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996
NARRANDERA SHIRE COUNCIL, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and
Access) Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to
any requirements or conditions set out in the Schedule.
K. M MURPHY,
General Manager,
Narrandera Shire Council
(by delegation from the Minister for Roads)
SCHEDULE
1.
Citation
This Notice may be cited as the Narrandera Shire Council B-Doubles Notice No. 1, 2005.
2.
Commencement
This Notice takes effect from the date of gazettal.
3.
Effect
This Notice remains in force for 5 years from date of gazettal unless it is amended or repealed earlier.
4.
Application
4.1 This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access)
regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.
5.
Routes
B-Double routes within the Narrandera Shire Council.
Type
Road No.
Road Name
Starting point
Finishing point
25
000
Binya Stephensons Road Burley Griffin Way
(Main Road 84)
25
000
Curtis Road
Garoolgan Euratha Road Bandys Road
25
000
Ellis Road
Binya Erigolia Road
Garoolgan Euratha Road
25
000
Clarks Road
Binya Erigolia Road
Bandys Road
25
000
Wades Road
Burley Griffin Way
(Main Road 84)
Dunns Curtis Road
25
000
Loobys Road
Hughenden Road
Middle Road
25
000
Dows Road
Main Road 7608
Middle Road
25
000
Garoolgan Merribee
Road
Burley Griffin Way
(Main Road 84)
Barellan Merribee Road
25
000
Binya Merribee Road
Burley Griffin Way
(Main Road 84)
Barellan Merribee Road
25
000
Barellan Merribee Road
Burley Griffin Way
(Main Road 84)
Binya Merribee Road
25
000
Hamel Road
Barellan Weethalle Road Sandy Creek Road
25
000
Udale Road
Hamel Road
Bland Shire Boundary
25
000
Square Knob Road
Main Road 7608
End of Road
25
000
Males Road
Main Road 7608
End of Road
25
000
McKenzies Road
Main Road 7608
Colinroobie Leeton Road
25
000
Irvins Road
Main Road 7608
End of Road
25
000
Galore Park Road
Galore Hill Road
Galore Forest Road
Geddes Road
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
Conditions
4 November 2005
OFFICIAL NOTICES
9339
Type
Road No.
Road Name
Starting point
Finishing point
25
000
Connells Road
State Highway 17
Bogolong Road
25
000
Gawnes Road
State Highway 17
End of Road
25
000
Cove Road
Gawnes Road
Bulloak Tank Road
25
000
Sandy Creek Road
Burley Griffin Way
(Main Road 84)
Bland Shire Boundary
25
000
Carrolls Road
Sandy Creek Road
End of Road
25
000
McVickers Road
Main Road 84
Sandy Creek Road
25
000
Willows Ardlethan Road Kamarah Road
Coolamon Shire
Boundary
25
000
Moombooldool Sandy
Creek Road
Main Road 84
Bland Shire Boundary
25
000
Oaklands Road
Kamarah Road
Landervale Road
25
000
Pinehope Road
Main Road 243
5.5kms South of Main
Road 243
25
000
Caringa Road
Main Road 243
End of Road
25
000
Bicentennial Road
Federal Park Road
Pamandi Road
25
000
Federal Park Road
Bogolong Street Grong
Grong
Angle Road
25
000
Angle Road
State Highway 17
Pamandi Road
25
000
O’Sullivans Road
Sandy Creek Road
Moombooldool Sandy
Creek Road
25
000
Yalgogoring Road
Moombooldool Sandy
Creek Road
Johns Road
25
000
Grong Grong Station
Road
Old Wagga Road
Boree Street Grong
Grong
25
000
Angle Road Kywong
Kywong Boree Creek
Road
Kywong Faithfull Road
25
000
Kywong Faithfull Road
Main Road 370
Sandigo Boree Creek
Road
25
000
Telephone Road
Axehandle Road
Urana Shire Boundary
25
000
Miles Road
Sandigo Boree Creek
Road
Faithfull Road
25
000
Sandigo River Road
State Highway 14
Paintings Bridge Road
Kywong
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
Conditions
9340
OFFICIAL NOTICES
4 November 2005
ROADS ACT 1993
Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996
GUNDAGAI SHIRE COUNCIL, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading and Access)
Regulation 1996, by this Notice, specify the routes and areas on or in which B-Doubles may be used subject to any
requirements or conditions set out in the Schedule.
G. A. J. TICKNER,
General Manager,
Gundagai Shire Council
(by delegation from the Minister for Roads)
SCHEDULE
1.
Citation
This Notice may be cited as the Gundagai Shire Council B-Doubles Notice No. 1, 2005.
2.
Commencement
This Notice takes effect from the date of gazettal.
3.
Effect
This Notice remains in force until further notice unless it is amended or repealed earlier.
4.
Application
This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access)
Regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.
5.
Routes
B-Double routes within the Gundagai Shire Council.
Type
Road No.
Road Name
Starting Point
Finishing Point
000
Dog on the Tuckerbox
Road
Hume Highway southern 140 metres west of
access to the Dog on the Hume Highway
Tuckerbox.
Conditions
ROAD TRANSPORT (GENERAL) ACT 2005
Notice under Clause 20 the Road Transport (Mass, Loading and Access) Regulation 2005
CLARENCE VALLEY COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access)
Regulation 2005, by this Notice, specify the routes and areas on or in which B-Double Vehicles may be used subject to
any requirements or conditions set out in the Schedule.
STUART McPHERSON,
General Manager,
Clarence Valley Council
(by delegation from the Minister for Roads)
31 October 2005
SCHEDULE
1.
Citation
This Notice may be cited as Clarence Valley Council 25 Metre B-Double Vehicle Route Notice No. 2005/1.
2.
Commencement
This Notice takes effect on the date of gazettal.
3.
Effect
This Notice remains in force unless it is amended or repealed earlier.
4.
Application
This Notice applies to those B-Doubles vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading
and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998.
5.
Routes
Type
Road No.
Road Name
Starting Point
Finishing Point
BD 25
Local 59
Iolanthe Street
Spring Street
500m north of Spring Street Nil
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
Conditions
4 November 2005
OFFICIAL NOTICES
9341
ROAD TRANSPORT (GENERAL) ACT 2005
Notice under Clause 20 the Road Transport (Mass, Loading and Access) Regulation 2005
SHOALHAVEN CITY COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access)
Regulation 2005, by this Notice, specify the routes and areas on or in which (B-Doubles) may be used subject to any
requirements or conditions set out in the Schedule.
RUSSELL PIG,
General Manager,
Shoalhaven City Council
(by delegation from the Minister for Roads)
28 October 2005
SCHEDULE
1.
Citation
This Notice may be cited as Shoalhaven City Council B-Double Route Notice No. 2/2005
2.
Commencement
This Notice takes effect from the date of gazettal.
3.
Effect
This Notice remains in force until 31 December 2010 unless it is amended or repealed earlier.
4.
Application
This Notice applies to those B-Double vehicles that comply with Schedule 1 of the Road Transport (Mass, Loading
and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998.
5.
Routes
B-Double routes within the Shoalhaven City Council
Type
Road No.
Road Name
25
000
25
25
Starting Point
Finishing Point
Conditions
Norfolk Avenue, South Flinders Road
Nowra
Tom Thumb Avenue
Extension of
existing route
000
Tom Thumb Avenue,
South Nowra
Norfolk Avenue
Cumberland Avenue
000
Cumberland Avenue,
South Nowra
Flinders Road
Tom Thumb Avenue
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
Extension of
existing route
9342
OFFICIAL NOTICES
4 November 2005
ROADS ACT 1993
ROADS ACT 1993
Notice of Dedication of Land as Public Road at
Cooperabung in the Port Macquarie-Hastings Council area
Notice of Dedication of Land as Public Road
at Newrybar in the Ballina Shire Council area
THE Roads and Traffic Authority of New South Wales, by
its delegate, dedicates the land described in the schedule
below as public road under section 10 of the Roads Act
1993.
THE Roads and Traffic Authority of New South Wales, by
its delegate, dedicates the land described in the schedule
below as public road under section 10 of the Roads Act
1993.
T D Craig
Manager, Compulsory Acquisition & Road Dedication
Roads and Traffic Authority of New South Wales
__________
T D Craig
Manager, Compulsory Acquisition & Road Dedication
Roads and Traffic Authority of New South Wales
__________
SCHEDULE
SCHEDULE
ALL that piece or parcel of land situated in the Port
Macquarie-Hastings Council area, Parish of Prospect and
County of Macquarie, shown as Lot 1 Deposited Plan
252808.
ALL that piece or parcel of land situated in the Ballina Shire
Council area, Parish of Newrybar and County of Rous,
shown as Lot 51 Deposited Plan 1080893.
(RTA Papers: 10/23.1326)
(RTA Papers: 10/196.1301)
ROADS ACT 1993
ROADS ACT 1993
LAND ACQUISITION (JUST TERMS
COMPENSATION) ACT 1991
Notice of Compulsory Acquisition and Dedication as Public
Road of Land at Bathampton in the Bathurst Regional
Council area
THE Roads and Traffic Authority of New South Wales by
its delegate declares, with the approval of Her Excellency
the Governor, that the land described in the Schedule below
is acquired by compulsory process under the provisions of
the Land Acquisition (Just Terms Compensation) Act 1991
for the purposes of the Roads Act 1993 and further dedicates
the land as public road under Section 10 of the Roads Act
1993.
T D Craig
Manager, Compulsory Acquisition & Road Dedication
Roads and Traffic Authority of New South Wales
Notice of Dedication of Land as Public Road
at Moorebank in the Liverpool City Council area
THE Roads and Traffic Authority of New South Wales, by
its delegate, dedicates the land described in the schedule
below as public road under section 10 of the Roads Act
1993.
T D Craig
Manager, Compulsory Acquisition & Road Dedication
Roads and Traffic Authority of New South Wales
__________
SCHEDULE
ALL those pieces or parcels of land situated in the Liverpool
City Council area, Parish of Holsworthy, County of
Cumberland, shown as Lots 5, 6 and 7 Deposited Plan
1063765.
(RTA Papers: F5/259.1690)
__________
SCHEDULE
ALL that piece or parcel of Crown land situated in the
Bathurst Regional Council area, Parish of Cole and County
of Bathurst, shown as Lot 25 Deposited Plan 1076130.
(RTA Papers FPP 5M2040; RO 6/146.177)
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
ROADS ACT 1993
LAND ACQUISITION (JUST TERMS
COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Land at Katoomba
in the Blue Mountains City Council area
THE Roads and Traffic Authority of New South Wales by
its delegate declares, with the approval of Her Excellency
the Governor, that the land described in the Schedule below
is acquired by compulsory process under the provisions of
the Land Acquisition (Just Terms Compensation) Act 1991
for the purposes of the Roads Act 1993.
T D Craig
Manager, Compulsory Acquisition & Road Dedication
Roads and Traffic Authority of New South Wales
__________
SCHEDULE
ALL those pieces or parcels of land situated in the Blue
Mountains City Council area, Parish of Blackheath and
County of Cook, shown as:
Lot 10 Deposited Plan 804749, being the whole of the land
in Certificate of Title 10/804749; and
Lot 5 Deposited Plan 1066824, being part of the land in
Certificate of Title 2/500674;
excluding any existing easements from the compulsory
acquisition of the land described above.
The land is said to be in the possession of Blue Mountains
City Council.
(RTA Papers FPP 5M1855; RO 5/44.12272)
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9343
9344
OFFICIAL NOTICES
4 November 2005
Other Notices
ASSOCIATIONS INCORPORATION ACT 1984
Cancellation of Incorporation Pursuant to
Sections 55A and 55B
TAKE notice that the incorporation of the following
association is cancelled by this notice pursuant to sections
55A and 55B of the Associations Incorporation Act 1984.
Cancellation is effective as at the date of gazettal.
The Grenfell Henry Lawson Festival of Arts Inc
Y0711005
COLIN CROSSLAND,
General Manager,
Registry of Co-operatives and Associations,
Office of Fair Trading,
Department of Commerce
27 October 2005
CASINO CONTROL ACT 1992
Order
PURSUANT to section 66 (1) of the Casino Control Act
1992, the Casino Control Authority does, by this Order,
approve the following amendments to the rules for the playing
of the game of “Poker” in the casino operated by Star City
Pty Limited under licence granted by the Casino Control
Authority on 14 December 1994:
(1) Amendments to the rules for the playing of “Poker”
(a) Within Poker sub-rule 1.1, the following new
definition of “single shuffler” is approved:
“single shuffler” means a machine used for
shuffling one (1) deck of cards in the game of
Poker;
(b) Existing Poker sub-rules 2.4 and 2.5 are renumbered
as sub-rules 2.5 and 2.6 and the following rule is
approved as new sub-rule 2.4:
2.4 A single shuffler may be used.
(c) Existing Poker sub-rules 5.2 and 5.3 are renumbered
as sub-rules 5.3 and 5.4 and the following rule is
approved as new sub-rule 5.2:
5.2 Then a single shuffler is in use at a table:
5.2.1 the single shuffler may be loaded with
one deck of cards while another deck
is used in play; and
5.2.2 the backs of the deck of cards being
used in play must be of a different
colour to that of the backs of the
other deck of cards in the single
shuffler; and
5.2.3 the dealer may perform a manual
shuffle prior to inserting the cards
into the single shuffler.
This Order shall take effect from the date of publication
in the New South Wales Government Gazette.
Signed at Sydney, this 2nd day of November 2005.
BRIAN FARRELL,
Chief Executive,
for and on behalf of the Casino Control Authority
ELECTRICITY SUPPLY (EXEMPTION
ORDER) 1998
Certificate
I, Morris Iemma, Treasurer of New South Wales, hereby
certify under Clause 4 of the Electricity Supply (Exemption
Order) 1998 made under the Electricity Supply Act 1995 and
gazetted on 27 November 1998, that I am satisfied that the
overall effect of the variation made through the Combined
Port Kembla and Newcastle Supplementary Deed No. 1 of
2003, the Port Kembla Supplementary Deed No. 1 of 2003
and the Newcastle Supplementary Deed No. 1 of 2003 does
not substantially vary the obligations of the customer under
protected contract no 2 and protected contract no 3 referred
to in that Order.
MORRIS IEMMA, M.P.,
Treasurer
NATIONAL ELECTRICITY (NEW SOUTH WALES)
(SAVINGS AND TRANSITIONAL)
REGULATION 1998
Certificate
I, Morris Iemma, Treasurer of New South Wales, hereby
certify under Clause 7 of the National Electricity (New
South Wales) (Savings and Transitional) Regulation 1998
that I am of the opinion that the variation made through the
Combined Port Kembla and Newcastle Supplementary Deed
No. 1 of 2003, the Port Kembla Supplementary Deed No.
1 of 2003 and the Newcastle Supplementary Deed No. 1 of
2003 does not:
(a) extend the period for which the BHP Port Kembla
Slab and Plate Products Contract or the BHP
Newcastle Rod and Bar Products Contract,
referred to as protected contracts in Clause 6 of
the Regulation, will remain in force; or
(b) substantially affect the operation of, or rights and
liabilities under, the two protected contracts referred
to above.
MORRIS IEMMA, M.P.,
Treasurer
LOCAL GOVERNMENT ACT 1993
Shoalhaven Northern Reuse Effluent Management Scheme
Vesting of Interests in Land in Shoalhaven City Council
THE Minister for Utilities, declares that the Interests in
Land, which were acquired pursuant to the above notice
for the purpose of the Shoalhaven Northern Reuse Effluent
Management Scheme, are vested in the Shoalhaven City
Council pursuant to s59(1)(a) of the Local Government Act
1993.
CARL SCULLY, M.P.,
Minister for Utilities
Schedule to Notices pursuant to Section 19 (1) of the Public
Works Act and Section 59 (1) (a) of the Local Government
Act 1993 in relation to the Shoalhaven Northern Reuse
Effluent Management Scheme
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
SCHEDULE
Interest in land
Easement rights as described under the heading Sewer
Pipeline in Memorandum E931212 filed in the Office of Land
and Property Information NSW over the site shown in:
Deposited Plan 1066191 (SB55440) as:
‘(A) PROPOSED EASEMENT FOR SEWER PIPELINE
8 WIDE AND VARIABLE’ exclusive of those parts within
Lot 1 in Deposited Plan 863730, Lot 3 in Deposited Plan
870441, Vacant Crown Land adjacent to South Bank of
Crookhaven River, Part of Bed of Crookhaven River,
Part of Bed of Crookhaven Creek and 30.48 Reservation
adjacent to Crookhaven Creek from Mayfield Road to
Crookhaven River
in Deposited Plan 109900
‘(D) PROPOSED EASEMENT FOR SEWER PIPELINE
8 WIDE’
Deposited Plan 1065113 (SB55444) as:
‘(A) PROPOSED EASEMENT FOR SEWER PIPELINE
8 WIDE’ exclusive of those parts within, Lot 102 in
Deposited Plan 1015226, Lot 4 in Deposited Plan 620282,
Lot 1 in Deposited Plan 5487, Drain Variable Width and
Reserve 5.03 Wide
Deposited Plan 1065859 (SB55483) as:
‘(A) PROPOSED EASEMENT FOR SEWER PIPELINE
6 & 8 WIDE AND VARIABLE ‘ exclusive of those parts
within Vacant Crown Land adjacent to Greenwell Point
Road, Part of the Bed of Crookhaven Creek, Lot 61 in
Deposited Plan 2813 and Lot 81 in Deposited Plan 2813
Deposited Plan 1065841 (SB55484) as:
‘(A) PROPOSED EASEMENT FOR SEWER PIPELINE
5 WIDE & VARIABLE’ within Lot 12 in Deposited Plan
1014179
DoC Reference 239
LOCAL GOVERNMENT ACT 1993
Decrease in Number of Councillors
Dubbo City Council
I, Kerry Hickey, M.P., Minister for Local Government, in
pursuance of section 224A of the Local Government Act
1993, do hereby approve of the number of councillors of
the Dubbo City Council being decreased from twelve to
eleven.
Provided:
1. The decrease does not take place until the next
ordinary election of the Council.
2. A casual vacancy in civic office occurring during
the period starting from the date of this approval
and until the next ordinary election will not be
required to be filled unless the vacancy would cause
the number of councillors of the Council to become
less than eleven.
9345
PESTICIDES ACT 1999
Notice under Section 48 (4)
NOTICE is hereby given, pursuant to section 48 (4) of the
Pesticides Act 1999, that I have granted a Pilot (Pesticide
Rating) Licence, particulars of which are stated in the
Schedule.
ALAN RITCHIE,
Manager Dangerous Goods,
Environment Protection Authority
by delegation
SCHEDULE
Pilot (Pesticide Rating) Licence
Name and address of licensee
Mr MATHEW BAKER
66 Amaroo Drive
Moree NSW 2400
PESTICIDES ACT 1999
Notice under Section 48 (4)
NOTICE is hereby given, pursuant to section 48 (4) of the
Pesticides Act 1999, that I have granted an Aircraft (Pesticide
Applicator) Licence, particulars of which are stated in the
Schedule.
ALAN RITCHIE,
Manager Dangerous Goods,
Environment Protection Authority
by delegation
SCHEDULE
Aircraft (Pesticide Applicator) Licence
Name and address of licensee
Date of granting oflicence
R-MACH AVIATION
28 October 2005
PTY LTD
58 Fairfield Avenue
Norman Gardens Qld 4701
Note: This is a replacement card for the licence issued on 2
September 2004 due to change of name of licence holder.
POISONS AND THERAPEUTIC GOODS ACT 1966
Order Under Clause 171 (1), Poisons and Therapeutic
Goods Regulation 2002
Withdrawal of Drug Authority
IN accordance with the provisions of clause 171 (1) of the
Poisons and Therapeutic Goods Regulation 2002 an order
has been made on Melise AMMIT of 137 Trafalgar Street
Stanmore 2048 prohibiting her, until further notice, as a nurse
from having possession of and supplying drugs of addiction
as authorised by clauses 101 and 103 of the Regulation. This
order is to take effect on and from 24 October 2005.
ROBYN KRUK,
Director-General
Dated this 20th day of October 2005.
KERRY HICKEY, M.P.,
Minister for Local Government
Date of granting oflicence
28 October 2005
Department of Health, New South Wales
Sydney, 21 October 2005
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9346
OFFICIAL NOTICES
PUBLIC WORKS ACT 1912
LAND ACQUISITION (JUST TERMS
COMPENSATION) ACT 1991
Compulsory Acquisition
Shoalhaven Northern Reuse Effluent Management Scheme
THE Minister for Utilities, with the approval of Her
Excellency the Governor-in-Council, declares that the
Interests in Land described in the Schedule hereto (“Interests
in Land”), are acquired by compulsory process under s.19 of
the Land Acquisition (Just Terms Compensation) Act 1991
for an authorised work within the meaning of the Public
Works Act 1912.
On publication of this notice in the Government Gazette
the Interests in Land are vested in the Minister for Utilities
pursuant to section 4 of the Public Works Act, 1912.
CARL SCULLY, M.P.,
Minister for Utilities
NSW SCIENTIFIC COMMITTEE
Extension of Public Exhibition Period
THE public exhibition period for the Preliminary
Determination supporting a proposal to list Eucalyptus
leucoxylon F. Muell. subsp. pruinosa (F. Muell. Ex. Miq.)
Boland, Yellow Gum as a VULNERABLE SPECIES in
Schedule 2 of the Act, has been extended to 14 January
2006.
A copy of the Determination, which contains the reasons
for the determination, may be obtained free of charge on the
Internet www.nationalparks.nsw.gov.au, by contacting the
Scientific Committee Unit, PO Box 1967 Hurstville 2220.
Tel: (02) 9585 6940 or Fax (02) 9585 6606, or in person at the
Department of Environment and Conservation Information
Centre, Level 14, 59-61 Goulburn Street, Sydney. Copies
of the determination may also be obtained from National
Parks and Wildlife Service Area Offices and Visitor Centres,
subject to availability.
Any person may make a written submission regarding the
Preliminary Determination. Send submissions to: Scientific
Committee, PO Box 1967, Hurstville NSW 2220. Attention
Suzanne Chate. Submissions must be received by 14 January,
2006.
Dr LESLEY HUGHES,
Chairperson
SHOPS AND INDUSTRIES ACT 1962
ORDER
I, John Della Bosca, Minister for Industrial Relations, in
pursuance of section 85 (2) of the Shops and Industries Act
1962 and being satisfied that to do so will be of benefit to
the public, do, by this my Order, suspend the operation of
section 85 (1) of that Act in relation to Tuesday, 27 December
2005 and Monday, 2 January 2006 (being public holidays
within the meaning of section 78 (1) of that Act) so as to
allow general shops within New South Wales to remain open
on those days.
Dated at Sydney this 28th day of October 2005.
JOHN DELLA BOSCA, M.L.C.,
Minister for Industrial Relations
4 November 2005
STATUTORY AND OTHER OFFICES
REMUNERATION TRIBUNAL
Conveyance Allowance
REPORT:
1. The Tribunal’s Determination of 28 September 2005
made determinations concerning judicial remuneration.
It its Report of those Determinations the Tribunal advised
that it had not made a determination on the Conveyance
Allowance but that “...A determination will issue shortly
on the Conveyance Allowance and will be effective on
and from 1 October 2005.”
2. The Tribunal’s determination on the Conveyance
Allowance is now set out below.
3. As noted in its Report dated 28 September 2005, the
Tribunal has again received a number of submissions
dealing with the Conveyance Allowance. These
submissions have sought, inter alia, clarification of the
purpose of the Allowance, an increase in the Allowance
and its application, and one submission questions the
legality of the Conveyance Allowance.
4. The Tribunal, better to inform itself on the evolution
of this entitlement, has reviewed and now sets out the
historical background to the Conveyance Allowance.
5. In its determination of August 1990 SOORT considered
the historical relationships between the Supreme Court
Judges and Federal Court Judges since the creation of
the Federal Court in 1976. SOORT concluded that
i. “… in terms of salaries and allowances, a constant
factor has been that the remuneration of Judges of
the Supreme Court of New South Wales has been
somewhat higher than that of Judges of the Federal
Court since that latter was first established. The
higher remuneration for Judges of the Supreme
Court of New South Wales has taken into account
the greater benefits received by the Judges of the
Federal Court.
ii The Tribunal considers that the matter of benefits
is clearly relevant to the issue of salaries. Federal
Judges receive a number of benefits not available
to New South Wales Judges such as car and driver,
reimbursement of home telephone costs, and
first class air travel for the Judge’s spouse when
accompanying the Judge on official functions.”
6. The Tribunal in that determination introduced in addition
to salary
i. “… an amount of $10,362 which has regard to the
benefits provided to Federal Court Judges.”
7. The Tribunal, having noted the benefits enjoyed by
Federal Court Judges which were additional to those
provided to Supreme Court Judges, noted further
that the cost at that time of providing a reasonably
prestigious motor vehicle for 100 percent private use
was approximately $8,200 pa.
8. From 1990 onwards Judges’ remuneration was expressed
as a gross amount ie the remuneration of a Supreme
Court Judge would be $150,000 pa. This comprised
basic salary of $139,638 (the amount equivalent to the
85 percent nexus with the Judges of the High Court of
Australia), plus an amount of $10,362 which had regard
to the benefits provided to a Federal Court Judge. Annual
increases were based on the base amount and the $10,362
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
was added to provide the Supreme Court Judge’s total
remuneration.
9. Remuneration of all related Office Holders at the
time bore a percentage relationship to the salary of a
Supreme Court Judge. The amount used to determine
this percentage relationship was the gross amount. Thus
all related Office Holders received a proportion of the
additional amount provided to Supreme Court Judges.
10. In 1996 the Tribunal reviewed the additional amount and
noted that it was predominantly intended to compensate
Judges for the cost of motor vehicles. While the Tribunal
noted the additional benefits accruing with this amount
ie it counted towards Judges’ pension scheme and
superannuation schemes, the Tribunal decided that on
balance it should be retained at its then level.
11. In 2000 the Tribunal increased the quantum of the
additional amount from $10,362 to $13,400 to better
reflect the then cost of salary sacrificing for a vehicle.
The Tribunal noted that the amount counted for pension
purposes and was discounted from the full salary sacrifice
leasing rate in recognition of this.
12. For the first time this additional amount was shown
separately in the determination.
13. In its decision made on 27 November 2002 the Federal
Tribunal provided for special increases for Federal
Judges of 7% from 1 July 2002 and 5% from 1 July
2003, and subsequently in 2003 Federal Judges received
a total of 9 percent increase (5% special plus 4% cost of
living)..
14. In 2003 the Tribunal undertook a fundamental review
of judicial remuneration in New South Wales in light of
the Federal Tribunal’s 2002 decision.
15. The Tribunal considered that because of its nature (it
was essentially a motor vehicle allowance) the additional
amount should not count for Judges’ pension purposes
or Magistrates’ superannuation purposes.
16. SOORT determined that part of the 9% 2003 Federal
increase should be implemented by absorbing the
additional amount into the base remuneration amount,
and that a new non pensionable allowance should be
created. The Tribunal introduced a new Conveyance
Allowance for Judges and Magistrates ranging from
$18,000 to $13,000 pa.
17. In its Report of 21 June 2003 the Tribunal stated:
“…Conveyance Arrangements:
The Tribunal agrees that the one entitlement available
to Federal Judges which is significantly different to the
entitlements of Supreme Court Judges is that relating
to transport arrangements.
The Commonwealth scheme entitles a Judge to either:
A Commonwealth Car with driver service for travel
to and from work; or
A Commonwealth provided private plated vehicle in
accordance with Commonwealth Executive Vehicle
Scheme (EVS) guidelines; or
Reimbursement of private vehicle running costs
incurred by the Judge up to $8,000 p.a. plus petrol
costs.
Under the EVS guidelines a salary sacrifice or annual
payment of $750 is paid by the Judge.
9347
The NSW scheme entitles a Judge to:
Free public transport.
Hire cars and taxis when travelling to suburban courts
or on circuit.
$400 p.a. for the use of hire cars or taxis.
An additional sum of $13,400 p.a. which is substantially
available for the use of a vehicle.
The acquisition of a car under the Judicial Car Scheme
by way of salary sacrifice.
Unlike the Commonwealth Government the NSW
Government no longer provides motor vehicles to senior
public officials for whom vehicles are available only on
a salary sacrifice basis.
The Tribunal acknowledges that the additional sum
of $13,400 to Supreme Court Judges is paid by way
of salary and hence counts towards the calculation of
pension under the Judges Pension Scheme. This is not
the case for Commonwealth Judges or for Judges in any
Australian State. Since the compensatory sum in this
determination is solely to assist towards transport costs
it is no longer appropriate that the compensation be by
way of salary but instead by way of an allowance.
Further, it is not appropriate that retired judges be
compensated in their pension indexation arrangements
for transport costs incurred by serving Judges.
Presently less than half the number of Supreme Court
Judges take advantage of the salary sacrifice scheme
administered by the Attorney-General’s Department.
The remaining Judges may use the additional sum to
make private car arrangements but the choice is their
own as to how the additional sum is used.
The issue for the Tribunal is how to ensure equity
between those Judges who acquire a vehicle under salary
sacrifice, those who make private arrangements and for
several who do not use a vehicle.
Having regard to the provisions abovementioned for
transport for Supreme Court Judges the Tribunal has
decided that an allowance of $18,000 p.a. should be
available to all Supreme Court Judges.
For District Court Judges an allowance of $15,000
p.a. shall apply. Magistrates and other Office Holders
shall be entitled to an allowance of $13,000 p.a. This
allowance will not count for pension or superannuation
purposes.”
18. In summary therefore, the Tribunal in 2003 introduced the
Conveyance Allowance which as noted above replaced
the former “additional amount” provided to Supreme
Court Judges to compensate for the motor vehicle
provided to Federal Court Judges. It should be noted that
judicial officers receiving the additional amount were
also reimbursed the cost of business travel.
19. To clarify the purpose of the Conveyance Allowance
it should be noted that under the Commonwealth’s
Executive Vehicle Scheme Federal Court Judges are
provided with a fully maintained private plated motor
vehicle for a contribution of less than $1,000 per year.
While the vehicle may be used by a Federal Court Judge
for business travel it is difficult to see how there would be
any significant amount of such travel given that in New
South Wales the Federal Court sits only in Sydney. It
appears therefore that the vehicle provided to the Federal
Court Judge would be principally available for and used
for private purposes.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9348
OFFICIAL NOTICES
20. Further, it should be noted that other jurisdictions eg
Victoria, Western Australia and Queensland also provide
judges with fully maintained private plated motor
vehicles.
21. So that Supreme Court Judges are not disadvantaged by
comparison with Federal Court Judges, it is necessary
to compensate NSW Supreme Court Judges for the
private use motor vehicle benefits enjoyed by Federal
Court Judges. The Conveyance Allowance is, as was the
additional amount before it, intended to provide such
compensation.
22. State judicial officers may (but are not obliged to) use
the Conveyance Allowance towards the cost of leasing
a motor vehicle through the State Government’s leasing
scheme. Vehicles can be leased on a 100 percent private
use basis ie the officer meets all the lease costs, which
include running and on road costs, from his/her salary.
Alternatively, where the officer establishes a need to
use the vehicle for business related travel eg circuit
court work, the officer can take a business/private lease,
where an agreed percentage of the lease costs is met by
the Attorney General’s Department.
23. The administrative arrangements surrounding the
Tribunal’s determinations are a matter for the Attorney
General’s Department. However, the Tribunal considers
it is reasonable to expect that an officer who pays for
a vehicle on a 100 percent private basis should be
reimbursed for any business related travel undertaken in
that vehicle. Conversely an officer who has a business
component built into the vehicle lease might be expected
not to claim business related motor vehicle travel costs
except and to the extent that they exceed the business
percentage agreed in the lease.
24. The Tribunal now turns to the question of the quantum
of the Allowance.
25. The Federal model is simple, in that the Federal Judge
chooses a car and all costs except for the nominal
contribution of the Judge are met by the Court. In NSW
the officer must personally bear these costs.
26. Costings for leasing of motor vehicles are based on the
standard methodology used in the NSW public sector to
determine annual costs to an officer who salary sacrifices
to lease a motor vehicle. To determine the annual cost of
the vehicle it is necessary to have the make and model
of the vehicle, the percentage of private/business use
and an estimate of the kilometres to be travelled in the
relevant 12 month period.
27. The Tribunal in 2003 used a Holden Calais as the
benchmark vehicle on which to base the quantum of the
Conveyance Allowance.
28. As part of this review, the Tribunal has considered the
appropriateness of using one make and model of motor
vehicle to determine the quantum of the allowance.
29. Vehicles made available to and chosen by Federal Court
Judges vary in make and model.
30. The Tribunal has sought from the NSW Attorney
General’s Department details of the current composition
of the judicial fleet of vehicles. The vehicles presently
leased by NSW Judges and Magistrates vary in make
and model to the extent that there is no one vehicle that
reasonably can be used as a benchmark for costings.
4 November 2005
31. The Tribunal considers that a more appropriate approach
to determining the quantum of the entitlement is to use
the average of a range of costs, rather than to use one
particular make and model. Using this approach the
Tribunal considers that an amount of $20,500 is presently
appropriate for the Conveyance Allowance.
32. The Tribunal has given careful consideration to
submissions that the Conveyance Allowance should
be uniform across all NSW jurisdictions. The Tribunal
acknowledges in particular that many District Court
Judges and Magistrates in the course of their duties are
likely to be involved in significantly more travel than
are Judges of the Supreme Court. However, the Tribunal
is informed that in other State jurisdictions there is a
differential in the category of vehicles made available
to Supreme Court Judges and those made available to
District Court Judges and Magistrates. On balance the
Tribunal considers it reasonable that the rates for District
Court Judges and Magistrates should be proportional
to the rate determined for the Judges of the Supreme
Court.
33. Finally, the Tribunal referred to the Crown Solicitor a
submission from a judicial officer which questioned
the legality of certain aspects of the Tribunal’s 21 June
2003 determination. The Crown Solicitor has advised the
Tribunal that the amount determined as a Conveyance
Allowance is in fact an allowance and is not invalid, and
further has confirmed that in any event the Tribunal’s
determination is not affected by any error, whether
jurisdictional or otherwise.
34. Having regard to this advice the Tribunal will take no
further action in respect of the particular submission.
CONCLUSION
35. Having regard to the matters outlined above, and after
considering the views of the Assessors, the Tribunal
makes the following determination in respect of the
Conveyance Allowance to take effect on and from 1
October 2005.
Dated: 25 October 2005
HELEN WRIGHT,
Statutory and Other Offices Remuneration Tribunal
DETERMINATION No. 5
CONVEYANCE ALLOWANCE effective on and from
1 October 2005
Full time Office Holders receiving salary as, or equivalent
to a Supreme Court Judge or higher shall be entitled to a
Conveyance Allowance of $20,500 pa.
Full time Office Holders receiving salary as, or equivalent
to a District Court Judge shall be entitled to a Conveyance
Allowance of $18,450 pa.
Full time Office Holders receiving salary below that of
a District Court Judge shall be entitled to a Conveyance
Allowance of $16,400 pa.
The Conveyance Allowance here determined shall
not count towards Judges’ pension or for superannuation
purposes.
Dated: 25 October 2005.
HELEN WRIGHT,
Statutory and Other Offices Remuneration Tribunal
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
OFFICIAL NOTICES
STATUTORY AND OTHER OFFICES
REMUNERATION TRIBUNAL
Annual Report and Determination: Acting Deputy
President of the Workers Compensation Commission
REPORT:
Background:
1. On 18 January 2005, the Tribunal made its initial Report
and Determination on the remuneration payable to the
Acting Deputy Presidents of the Workers Compensation
Commission. In its Report the Tribunal concluded
that:
“… the remuneration for Acting Deputy Presidents of
the Workers Compensation Commission should reflect
the daily equivalent of the full Deputy President rate,
noting that Acting Deputy Presidents will exercise the
same functions as the full time Deputy Presidents.”
2. In its Report and Determination of 28 September 2005
the Tribunal determined an increase of 4.1 percent for
the full time Members of the Workers Compensation
Commission effective on and from 1 October 2005.
A similar increase is, therefore, appropriate for the
Acting Deputy Presidents of the Workers Compensation
Commission.
DETERMINATION:
Pursuant to section 13 of the Act, the Tribunal determines
that the rate of remuneration for Acting Presidents of the
Workers Compensation Commission shall be $890 per day.
Dated: 31 October 2005
9349
In accordance with the requirements of the Subordinate
Legislation Act 1989 a regulatory impact statement has been
prepared to discuss the detail of the proposed Regulation and
its costs and benefits.
To facilitate public consultation a copy of the regulatory
impact statement and the draft Regulation may be obtained
from the Department of Health’s Internet site www.health.
nsw.gov.au/legal/publications.html or by contacting the
Department’s Legal and Legislative Services Branch on (02)
9391 9616, or by email [email protected].
Comments and submissions will be accepted until 5.00
p.m. on Tuesday 22 November 2005.
TRANSPORT ADMINISTRATION ACT 1988
LAND ACQUISITION (JUST TERMS
COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Interest in Land for
the Purposes of the Transport Infrastructure Development
Corporation
THE Transport Infrastructure Development Corporation,
with the approval of Her Excellency the Governor, declares
that the interest in land described in the Schedule hereto is
acquired by compulsory process under the provisions of the
Land Acquisition (Just Terms Compensation) Act 1991 for
the purposes of the Transport Infrastructure Development
Corporation, as authorised by the Transport Administration
Act 1988 being for the Epping to Chatswood Rail Line.
Dated this 20th day of May 2005.
HELEN WRIGHT,
Statutory and Other Offices Remuneration Tribunal
JOHN MAHER,
Acting Chief Executive
SCHEDULE
(Easement)
STATUTORY AND OTHER OFFICES
REMUNERATION ACT 1975
ERRATUM
THE Annual Report and Determination of the Judges
Magistrates and Related Group of 28 September 2005 is
amended as set out hereunder
Determination No. 4:
Acting Judge of the Supreme Court
Acting Judge of the District Court
$1,135 per day
$1,021 per day
HELEN WRIGHT,
Statutory and Other Offices Remuneration Tribunal
SUBORDINATE LEGISLATION ACT 1989
Podiatrists Regulation 2005
THE NSW Department of Health proposes to make the
Podiatrists Regulation 2005. The objects of the proposed
regulation are to, in conjunction with the Podiatrists Act
2003, provide minimum standards for the safe and effective
delivery of podiatry services by:
• requiring the conscientious observance of infection
control practices to ensure the safety of podiatrists,
other health care providers, health care consumers and
the general public; and
• setting minimum standards for the advertising and
promotion of podiatry services.
Easement rights as described hereunder over the site
described as:
All that stratum of land situate at Chatswood West in the
Local Government Area of Ku-Ring-Gai, Parish of Gordon,
County of Cumberland and State of New South Wales, shown
as ‘(A) PROPOSED EASEMENT FOR ROCK ANCHORS
2 and 4 WIDE’ in Deposited Plan 1074385 and said to be in
the possession of the State of New South Wales.
EASEMENT RIGHTS
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
These meanings, in any form, apply unless the
contrary intention appears:
“Easement” means the Terms of Easement in clause
3 in relation to the Easement Site.
“Easement Site” means:
(a) part of the Lot Burdened being approximately
125.5 square metres in area, on a horizontal
plane of approximately 10 square metres and
a depth of between 3 and 5 metres under the
natural surface of the land; positioned on the
north western boundary of the Lot Burdened;
and
(b) all items within the Easement Site which are
the subject of the Easement.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9350
OFFICIAL NOTICES
“Grantee” means:
(a) TIDC; and
(b) any person who is at any time entitled to an
estate or interest in possession of the Lot
Benefited.
“Grantor” means the registered proprietor of the Lot
Burdened.
“Lot Benefited” means Lot 1 in Deposited Plan
1041540 and any other lot benefited by the
Easement.
“Lot Burdened” means the land formerly in Lot 9 in
Deposited Plan 1041540.
“TIDC” means Transport Infrastructure Development
Corporation and its successors and assigns.
1.2 References to certain terms
Unless a contrary intention appears, a reference in
this instrument to:
(a) a law, ordinance or code includes regulations and
other instruments under it and consolidations,
amendments, re-enactments or replacement of
any of them;
(b) the singular includes the plural and vice versa;
and
(c) the words “include” and “including” are not
used as, nor are they to be interpreted as, words
of limitation.
1.3 Headings
Headings do not affect the interpretation of this
instrument.
4 November 2005
3. TERMS OF EASEMENT FOR ROCK ANCHORS
3.1 Installation
(a) The Grantee may install and maintain on
those parts of the Easement Site rock anchors
(and associated cables and equipment) as are
reasonably necessary to ensure the structural
stability of the rock face near the boundary of
the Lot Burdened.
(b) The Grantee may do anything reasonably necessary
to install the rock anchors, including:
(i) entering the Lot Burdened and remaining
there for any reasonable time; and
(ii) carrying out work in connection with the
installation and maintenance of the rock
anchors; and
(iii) taking onto the Lot Burdened anything
necessary for the installation of the rock
anchors on the Easement Site.
3.2 Exercise of rights
In exercising its rights under this easement, the
Grantee must:
(a) ensure that all work is done properly; and
(b) cause as little inconvenience as possible to the
Grantor and any occupier of the Lot Burdened;
and
(c) cause as little damage as is practicable to the Lot
Burdened and any improvement on it; and
(d) make good any collateral damage.
TIDC Reference: 89580v1
2. EASEMENT
The Easement comprises covenants and agreements
between:
(a) each Grantee for itself, its successors and assigns
and every person who is at any time entitled to an
estate or interest in possession of the Lot Benefited
or any part of it with which the right is capable of
enjoyment; and
(b) each Grantor for itself, its successors and assigns
and every person who is at any time entitled to an
estate or interest in possession of the Lot Burdened
or any part of it with which the right is capable of
enjoyment,
to the intent that the benefit and burden of those covenants
and agreements are annexed to and pass with the benefits
and burdens of the Easement .
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005
TENDERS
9351
TENDERS
Department of Commerce
SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE
Information in relation to the Department of Commerce proposed, current and awarded
tenders is available on:
http://www.tenders.nsw.gov.au
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9352
PRIVATE ADVERTISEMENTS
4 November 2005
PRIVATE ADVERTISEMENTS
COUNCIL NOTICES
SUTHERLAND SHIRE COUNCIL
Erratum
A notice published in Government Gazette No. 111 of 3rd
October 1947, Folio 2338, Alterations to Names of Roads,
is hereby withdrawn. This notice does not affect the roads
named in Government Gazette No. 97 of 20 August 1948,
Folio 2173, Government Gazette No. 86 of 10 July 1970,
Folio 2769 and Government Gazette No. 161 of 13 November
1998, Folio 8891.
[1723]
TWEED SHIRE COUNCIL
NOTICE is hereby given by Tweed Shire Council pursuant
to section 50 of the Local Government Act 1993 that the land
described in the schedule below is hereby vested in Council
as Public Reserve. J. F. GRIFFIN, General Manager, Tweed
Shire Council, PO Box 816, Murwillumbah NSW 2484.
SCHEDULE 1
Lot 21, Section 15, DP 28390, Corner of Hillcrest Avenue
and Marie Street, Tweed Heads South.
[1724]
ESTATE NOTICES
NOTICE of intended distribution of estate.–Any person
having any claim upon the estate of PATRICIA KENNEDY,
late of Woy Woy, in the State of New South Wales, retired,
who died on 27 August 2005, must send particulars of his/
her claim to the executors John Darryll Turnell and Paul
Andrew Mereniuk, c.o. Peninsular Law, Solicitors, 103105, Blackwall Road, Woy Woy NSW 2256, within one (1)
calendar month from publication of this notice. After that
time the assets may be conveyed and distributed having
regard only to the claims which at the time of distribution
they have notice. Probate was granted in New South Wales
on 19 October 2005. PENINSULAR LAW, Solicitors, 103105, Blackwall Road, Woy Woy NSW 2256 (DX 8806, Woy
[1725]
Woy), tel.: (02) 4342 1277.
NOTICE of intended distribution of estate.–Any person
having any claim upon the estate of RAYMOND JOHN
DENIS, late of 501/55 Walker Street, Redfern, in the State
of New South Wales, retired, who died on 2 July 2004, must
send particulars of his claim to the executor, Alan Jessop, c.o.
Piper Alderman, Solicitors, Level 23, Governor Macquarie
Tower, 1 Farrer Place, Sydney, NSW 2000, within one (1)
calendar month from publication of this notice. After that
time the assets of the estate may be conveyed and distributed
having regard only to the claims of which at the time of
distribution the Executors have notice. Probate was granted in
New South Wales on 25 January 2005. PIPER ALDERMAN,
Solicitors, Level 23, Governor Macquarie Tower, 1 Farrer
[1726]
Place, Sydney, NSW 2000 tel.: (02) 9253 9999.
NOTICE of intended distribution of estate.—Any person
having any claim upon the estate of PATRICIA CASSIDY,
late of 37 Clifton Street, Waverton, who died on 10 July
2005, must send particulars of his claim to the executors,
c.o. John S. Fordham, Solicitor, 12 Station Street, West Ryde,
NSW 2114, within one (1) calendar month from publication
of this notice. After that time the executor may distribute
the assets of the estate having regard only to the claims of
which at the time of distribution he has notice. Probate was
granted in New South Wales on 26 October 2005. JOHN S.
FORDHAM, Solicitor, 12 Station Street, West Ryde, NSW
2114 (PO Box 107, West Ryde 1685), (DX27551, West Ryde),
[1727]
tel.: (02) 9858 1533. Reference: JSF.KS.05177.
NOTICE of intended distribution of estate.–Any person
having any claim upon the estate of DAVID ALAN DUROE
late of Oyster Bay, in the State of New South Wales, retired
ground engineer, who died on 29 July, 2005 must send
particulars of his claim to the executor, c.o. Mervyn Finlay,
Thorburn & Marshall, "Windeyer Chambers", Level 2, 225
Macquarie Street, Sydney within one calendar month from
publication of this notice. After that time assets of the estate
and the property may be conveyed and distributed having
regard only to the claims of which at the time of conveyance
or distribution the executors have notice. Probate was granted
to Beryl Grace Duroe in New South Wales on 26 October,
2005. MERVYN FINLAY, THORBURN & MARSHALL,
Solicitors, Level 2, 225 Macquarie Street, Sydney NSW
2000 (DX 796, Sydney), REF:DLT:224105, tel.: (02)
[1728]
9223 6544.
NOTICE of intended distribution of estate.–Any person having
any claim upon the estate of FRANCIS ALFRED SULLIVAN
late of Daceyville, in the State of New South Wales, retired
company representative, who died on 16 August, 2005 must
send particulars of his claim to the executor, c.o. Mervyn
Finlay, Thorburn & Marshall, "Windeyer Chambers", Level
2, 225 Macquarie Street, Sydney within one calendar month
from publication of this notice. After that time assets of the
estate and the property may be conveyed and distributed
having regard only to the claims of which at the time of
conveyance or distribution the executors have notice. Probate
was granted to Diana Leslie Thorburn in New South Wales
on 26 October, 2005. MERVYN FINLAY, THORBURN &
MARSHALL, Solicitors, Level 2, 225 Macquarie Street,
Sydney NSW 2000 (DX 796, Sydney), REF:DLT:224805,
[1729]
tel.: (02) 9223 6544.
NOTICE of intended distribution of estate.–Any person
having any claim upon the estate of NORMA MARTHA
PERFREMENT, late of Bankstown, in the State of New
South Wales, widow, who died on 19 August 2005, must
send particulars of his claim to the executrix, Camille Marie
Knudsen, c.o. Olliffe & Co., Solicitors, 7/1-5 Jacobs Street,
Bankstown NSW 2200, within one (1) calendar month from
publication of this notice. After that time the executrix may
distribute the assets of the estate having regard only to the
claims of which at the time of distribution she has notice.
Probate was granted in New South Wales on 10 October 2005.
OLLIFFE & CO., Solicitors, 7/1-5 Jacobs Street, Bankstown
NSW 2200 (DX 11213 Bankstown), tel.: (02) 9790 3903.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
[1730]
4 November 2005
PRIVATE ADVERTISEMENTS
COMPANY NOTICES
NOTICE of a General Meeting of members.–AI
UNDERWRITERS, ACN 000 685 898 (in voluntary
liquidation).–Notice is hereby given that the a General
Meeting of members of the Company will be held at 10.15
a.m. on Thursday 1 December 2005 at Level 5, 14 Martin
Place, Sydney. Agenda: To hold the Final Meeting of the
Company and receive an account of how the winding up
has been conducted. Dated 31 October 2005. By Order
of the Board, S. B. HUMPHRYS, Liquidator, c.o. Moore
Stephens Sydney Pty Limited, Chartered Accountants, Level
5, CML Building, 14 Martin Place, Sydney NSW 2000 tel.
[1731]
(02) 8236 7700
NOTICE of a General Meeting of members.–CBI
INVESTMENTS LIMITED, ACN 053 352 202 (in voluntary
liquidation).–Notice is hereby given that the a General
Meeting of members of the Company will be held at 9.45 a.m.
on Thursday 1 December 2005 at Level 5, 14 Martin Place,
Sydney. Agenda: To hold the Final Meeting of the Company
and receive an account of how the winding up has been
conducted. Dated 31 October 2005. By Order of the Board,
S. B. HUMPHRYS, Liquidator, c.o. Moore Stephens Sydney
Pty Limited, Chartered Accountants, Level 5, CML Building,
14 Martin Place, Sydney NSW 2000 tel. (02) 8236 7700
[1732]
NOTICE of a General Meeting of members.–LEWYHEIRS
PTY LTD, ACN 003 956 608 (in voluntary liquidation).–
Notice is hereby given that the a General Meeting of members
of the Company will be held at 9.15 a.m. on Thursday 1
December 2005 at Level 5, 14 Martin Place, Sydney. Agenda:
To hold the Final Meeting of the Company and receive an
account of how the winding up has been conducted. Dated
31 October 2005. By Order of the Board, S. B. HUMPHRYS,
Liquidator, c.o. Moore Stephens Sydney Pty Limited,
Chartered Accountants, Level 5, CML Building, 14 Martin
[1733]
Place, Sydney NSW 2000 tel. (02) 8236 7700
NOTICE of a General Meeting of members.–CHARLES
ESTATE PTY LTD, ACN 000 029 452 (in voluntary
liquidation).–Notice is hereby given that the a General
Meeting of members of the Company will be held at 10.30
a.m. on Thursday 1 December 2005 at Level 5, 14 Martin
Place, Sydney. Agenda: To hold the Final Meeting of the
Company and receive an account of how the winding up
has been conducted. Dated 31 October 2005. By Order
of the Board, S. B. HUMPHRYS, Liquidator, c.o. Moore
Stephens Sydney Pty Limited, Chartered Accountants, Level
5, CML Building, 14 Martin Place, Sydney NSW 2000 tel.
(02) 8236 7700.
[1734]
NOTICE of a General Meeting of members.–MILTON
NOMINEES PTY LTD, ACN 002 037 005 (in voluntary
liquidation).–Notice is hereby given that the a General
Meeting of members of the Company will be held at 9.30am
on Thursday 1 December 2005 at Level 5, 14 Martin Place,
Sydney. Agenda: To hold the Final Meeting of the Company
and receive an account of how the winding up has been
conducted. Dated 31 October 2005. By Order of the Board,
S. B. HUMPHRYS, Liquidator, c.o. Moore Stephens Sydney
Pty Limited, Chartered Accountants, Level 5, CML Building,
14 Martin Place, Sydney NSW 2000 tel. (02) 8236 7700.
9353
NOTICE of a General Meeting of members.–AUSTRALIAN
MORTGAGE CORPORATION PTY LTD, ACN 008 454 091
(in voluntary liquidation).–Notice is hereby given that the a
General Meeting of members of the Company will be held
at 10.00 a.m. on Thursday 1 December 2005 at Level 5, 14
Martin Place, Sydney. Agenda: To hold the Final Meeting
of the Company and receive an account of how the winding
up has been conducted. Dated 31 October 2005. By Order
of the Board, S. B. HUMPHRYS, Liquidator, c.o. Moore
Stephens Sydney Pty Limited, Chartered Accountants, Level
5, CML Building, 14 Martin Place, Sydney NSW 2000 tel.
[1736]
(02) 8236 7700.
NOTICE to declare dividend.—WYNJON PTY LIMITED,
ACN 008 422 820 (in voluntary liquidation).— A dividend
is to be declared on 12 December 2005 for the company.
Creditors whose debts or claims have not already been
admitted are required on or before 2 December 2005, to
formally prove their debts or claims. If they do not, they
will be excluded from the benefit of the dividend. Dated
31 October 2005. F. MACDONALD, Liquidator, c.o. K. B.
Raymond & Co., 2/231 Clarence Street, Sydney, NSW 2000,
tel.: (02) 9299 6521.
[1737]
NOTICE to creditors.–FIDELITY ST GEORGE
ADMINISTRATION CO-OPERATIVE LIMITED (in
voluntary liquidation).–In the matter of Co-operation Act
and The Corporations Law.–Notice is hereby given that all
persons having any claims against the above Administration
Society are required on or before 25 November 2005 to
send their names and addresses and particulars of their
debts and claims to Maree Emery, the Liquidator of the said
Administration Society, at her office and if so required by
notice in writing from the said Liquidator, are personally
or by their Solicitors to come in and prove their debts or
claims at such time and place as shall be specified in such
notice, or in default thereof they shall be excluded from the
benefits of any distribution made before such debts are so
lodged or proved. dated at Newtown 27 October 2005. M.
EMERY, Liquidator, c.o. Fidelity St George Administration
Co-operative Limited, 43 Enmore Road, Newtown NSW
[1738]
2042, tel.: (02) 9557 1898.
NOTICE of voluntary winding up.–FIDELITY ST GEORGE
ADMINISTRATION CO-OPERATIVE LIMITED (in
voluntary liquidation).–At a special meeting of the above
Administration Society duly convened and held at Newtown
on 15 September 2005 the subjoined special resolution was
duly passed. It was resolved that: (1) the Administration
Society be wound up voluntarily. (2) that Maree Emery, 43
Enmore Road, Newtown NSW 2042, be appointed Liquidator
at a fee of One Thousand Dollars ($1000.00) or such lesser
fee as may be determined by the Co-operative Advisory
Council. (3) that the Liquidator be empowered to compromise
with debtors and/or creditors. D. L. SCUTTS, Director,
A. R. Parker, Secretary, c.o. Fidelity St George Administration
Co-operative Limited, 43 Enmore Road, Newtown NSW
[1739]
2042, tel.: (02) 9557 1898.
[1735]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
9354
PRIVATE ADVERTISEMENTS
OTHER NOTICES
IN the District Court of New South Wales Murwillumbah
No. 133 of 2004, Form 104 Notice of Sale of Land (Pt 36 r
4 (1).) between GREGORY GUSTAVE O'REILLY being a
Solicitor/Director of and on behalf of O'Reilly & Sochacki
Lawyers, 1 Little Queen Street, Murwillumbah NSW 2484,
Judgement Creditor and RICHARD ANDREW SCUTTS of
Lot 1, Snake Gully Road, Burringbar NSW 2483, Judgement
Creditor. On 10 December 2005, at 11.00 a.m. all the right,
title and interest of the judgement debtor in the land Lot 1,
Snake Gully Road, Burringbar in the State of New South
Wales being the whole of the land comprised in folio identifier
1/717964 will be sold under a writ of execution (unless
the writ is previously satisfied) by public auction at L. J.
HOOKER, 131 Murwillumbah Street, Murwillumbah. Dated
27 October 2005. O'REILLY & SOCHACKI LAWYERS,
BGF House, 1 Little Queen Street, Murwillumbah NSW
2484, PO Box 84, Murwillumbah NSW 2484, tel: (02)
[1740]
6672 2878.
ISSN 0155-6320
Authorised to be printed
ROBERT J. GALLAGHER, Government Printer.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 137
4 November 2005