Greater Sydney Parklands Trust Bill 2021 - GREATER SYDNEY PARKLANDS Guide to the Bill - NSW Department of Planning, Industry and Environment | ...
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GREATER SYDNEY PARKLANDS Greater Sydney Parklands Trust Bill 2021 Guide to the Bill October 2021 NSW Department of Planning, Industry and Environment | dpie.nsw.gov.au
Published by NSW Government nsw.gov.au Title: Greater Sydney Parklands Trust Bill 2021 Subtitle: Guide to the Bill More information dpie.nsw.gov.au/draft-exposure-bill Acknowledgements © NSW Government 2021. You may copy, distribute, display, download and otherwise freely deal with this publication for any purpose, provided that you attribute the NSW Government as the owner. However, you must obtain permission if you wish to charge others for access to the publication (other than at cost); include the publication in advertising or a product for sale; modify the publication; or republish the publication on a website. You may freely link to the publication on a departmental website. Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (September 2021) and may not be accurate, current or complete. The NSW Government, the author and the publisher take no responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document (including material provided by third parties). Readers should make their own inquiries and rely on their own advice when making decisions related to material contained in this publication.
Greater Sydney Parklands Trust Bill 2021
Acknowledgement of Country
The Department of Planning, Industry and Environment acknowledges the traditional custodians of
the lands, waters and sky of Dharug, Gundungurra, Dharawal and Eora Country and pays respect
to the Elders of these lands past, present and emerging. We recognise First Nation Peoples’
unique cultural and spiritual relationships to place and their rich contribution to society.
We acknowledge the rights and interests of First Nation Peoples to be involved in the ongoing
management of these traditional lands. We will work in a respectful manner with traditional
custodians, Local Aboriginal Land Councils and our First Nation communities of Greater Sydney to
facilitate and support their custodianship of the parklands natural and cultural heritage and to
ensure our parklands are places in which First Nation people are included socially, culturally and
economically.
iiGreater Sydney Parklands Trust Bill 2021
Minister’s foreword
In the three months since we released the Greater Sydney Parklands White Paper – Parklands for
People, the impacts of the COVID-19 lockdown have been a salient reminder for us all of the
intrinsic need for parkland and open space.
Our parklands and open spaces are some of our most precious shared places. They give us a
place for rest and respite, a place to experience adventure and discovery as well as a place to
connect with others, connect with nature or just switch off.
This current lockdown has also exposed some of the inequalities across Greater Sydney. Some of
you who have been impacted the most by the tightest restrictions have also had the least access to
quality public space.
My intention is that by establishing the Greater Sydney Parklands Trust, we will have a world-class
parkland agency that is charged with protecting our existing parklands, while also establishing new
parklands.
This task is especially important given the growing population of Western Sydney and the new city
being established around the Aerotropolis. It is critical that these growing communities have the
same benefits and access to regional, beautiful parklands as the rest of Sydney.
As the first NSW Minister for Public Spaces, I see it as an opportunity to improve how we create,
manage and conserve our city’s parklands with the establishment of a holistic agency that has the
necessary legislation to power and support it.
My vision, and that of the NSW Government, is for Greater Sydney to evolve as a ‘city within a
park’. This means increasing the amount of parkland in Greater Sydney through a network of
connected green – and blue – spaces.
Greater Sydney is blessed with an abundance of bushland, waterways, beaches and parks
compared to other global cities. But I believe we can do more – create more parkland, plant more
trees, conserve more bushland and provide more community uses.
Based on the response to the white paper, I am certainly not alone in believing this.
I’d like to say thank you to everyone – individuals, groups and councils - that took the time to
provide comprehensive and honest feedback to the white paper. All of the submissions were read
and considered and have informed the creation of the Exposure Bill that represents a draft of new
legislation to establish the Greater Sydney Parklands Trust.
This guide aims to provide context to the Exposure Bill. I took this approach to ensure those
passionate about our parklands can have their say and to be as transparent as possible before the
Bill proceeds to the NSW Parliament.
I encourage you to read it, ask questions and provide feedback. Your opinion is important in this
the once-in-a-generation opportunity to make parks and public space as important as the roads,
rail lines and light rail routes that are central to the life of the city.
Rob Stokes
Minister for Planning and Public Spaces
1Greater Sydney Parklands Trust Bill 2021
Introduction
This guide accompanies the draft Greater Sydney Parklands Trust Bill 2021 released for public
comment from Friday 1 October ending midnight Friday 29 October 2021.
The draft Bill is also known as an Exposure Bill, which enables people to read and comment on
proposed legislation before it is formally introduced into the NSW Parliament.
The Bill sets out the objectives and functions of the proposed Greater Sydney Parklands Trust
(GSPT) to manage:
• any new parks the GSPT may own in the future
• existing lands of the ‘associated trusts’ – Centennial Parklands (including Moore and
Queens parks), Callan Park, Parramatta Park, Western Sydney Parklands and Fernhill
Estate – within existing legislation.
This guide is designed as a guide to the components of the Exposure Bill.
Background
The Exposure Bill relates to the creation of a new, legislated trust for the Greater Sydney
Parklands.
The Greater Sydney Parklands was established in July 2020 as an administrative arrangement, led
by an independent board, to care for more than 6,000 hectares of existing parklands: Centennial
Parklands (Centennial, Moore and Queens parks), Callan Park, Parramatta Park, Western Sydney
Parklands and Fernhill Estate.
The new GSPT will identify future regional parks, manage these as parkland and protect them in
perpetuity. The objects and functions of the GSPT will apply only to future lands vested to it.
Existing parklands and their associated trusts will remain protected by their own legislation,
unchanged except where noted in Schedule 5 of the Exposure Bill. This legislation is:
• Callan Park (Special Provisions) Act 2002
• Centennial Park and Moore Park Trust Act 1983
• Parramatta Park Trust Act 2001
• Western Sydney Parklands Act 2006.
After considering the options outlined in the white paper, and the feedback to those options (see
the ‘What we heard’ report for more detail), the Exposure Bill outlines the proposed legislative
framework for a new GSPT.
The community is encouraged to provide feedback to the Exposure Bill by midnight 29 October.
More information can be found at dpie.nsw.gov.au/draft-exposure-bill
2Greater Sydney Parklands Trust Bill 2021
Key elements of the Bill
This guide focuses on key clauses in the Exposure Bill and expands on what these clauses will
mean for the future management of new land to be owned by GSPT and the associated trusts’
lands.
Part 1 Preliminary
Part 1 outlines the basics regarding the future Greater Sydney Parklands Trust Act 2021.
Importantly, it establishes the ‘objects’ of the Act.
The objects are essentially the guiding principles the proposed GSPT will follow when managing its
own lands, and when operating the lands of the associated park trusts. The objects of the
Exposure Bill will work in tandem with the objects of the associated trusts’ legislation.
The key ambitions included in the objects are:
• ensuring the protection of the parklands’ environment and cultural heritage
• encouraging the enjoyment of the parklands by the community
• providing increased opportunities for First Nations people to connect to Country, and for
increased and improved community consultation to ensure parklands respond to
community needs
• advocating for a long-term vision for more parklands across Greater Sydney.
Part 2 Constitution and management of the trust
Part 2 sets out governance structures for the Trust: that it will be a NSW Government agency, will
work at the direction of a minister, and will remain a corporation, similar to the existing trusts –
which means it can own land and manage funds.
This part also establishes a requirement for a Greater Sydney Parklands Trust Board. Board
members will be appointed by the minister, and the legislation will require board members to have
experience in:
• community consultation
• environmental management
• financial and property management
• governance and risk
• heritage or heritage management
• landscape or park management skills.
This represents a shift from the existing trusts’ legislation, where there is limited or no criteria for
certain skills or experience. The Exposure Bill also legislates the requirement for board members
to come from a diverse background, including having experience in many parts of Greater Sydney.
The new GSPT will operate with a chief executive supported by staff employed as public servants.
The chief executive and staff will manage the parks in line with the strategic advice of the board.
Like all the other trusts’ legislation, the Bill allows GSPT to delegate its functions to staff or other
agencies where necessary and to establish committees to consider issues in detail.
The Exposure Bill allows the GSPT to work with private organisations to achieve its objectives,
such as entering into biobanking contracts with neighbouring properties to protect joint bushland.
Importantly, the Exposure Bill allows GSPT to establish a committee to advocate for the Blue
Green Grid between key government agencies and others such as councils. This will provide a
focus to achieve the 50-year Vision for Greater Sydney’s Open Space and Parklands.
3Greater Sydney Parklands Trust Bill 2021
Part 3 Functions of the trust
Part 3 outlines the power and obligations of the GSPT and how they must be adhered to in order
for the GSPT to achieve its objectives. This includes obligations to protect the environment and
cultural heritage; partner with First Nations people; provide for a range of park uses; facilitate
education and research; consult with the community; and advocate for the 50-Year Vision for
Greater Sydney’s Open Space and Parklands.
This part also allows the GSPT to charge for things like shelter bookings and sports competitions,
have food or drink stalls in the park or lease land for businesses like a cafe or a child care centre.
The functions and powers of the associated trusts remain the same as in their current legislation.
Part 3, Division 2 sets out the rules for how the GSPT will manage its own lands, while continuing
to manage the lands of the associated trusts according to their own legislation and under their own
objects and functions. It also allows the GSPT to arrange for other government bodies to manage
its lands if needed. For example, it could arrange for a local council to manage part of its
parklands.
Acquisition of new land
The GSPT will have powers to acquire and own new land for parks or supplementary land.
Supplementary land does not form part of the parklands and does not have recreation value but
could be used for business purposes (such as the established business hubs in the Western
Sydney Parklands) to support the parks. The Exposure Bill allows for the GSPT to acquire new
parklands or new supplementary lands through its own acquisitions or as gifts from other state
agencies or individuals.
Sale or transfer of land
The Bill prohibits any sale or disposal of GSPT land, except in particular circumstances. Only with
the minister’s approval could any land owned by the GSPT estate be dedicated to another state
agency and only for an essential public purpose or public road.
The reason for including this clause is to futureproof the legislation as much as possible. For
example, if GSPT is to acquire new parkland similar in nature to Western Sydney Parklands, there
may be instances where the corridor has dual purposes – both for recreation and for transport.
Leases and licences
The GSPT will be able to enter into leases, licences, easements and management agreements for
the land it owns. For lease lengths of more than 25 years, the minister’s consent and higher levels
of community engagement are needed (see details under Part 4). Leasing arrangements for the
associated trusts will remain as set out in their legislation.
Planning functions
Part 3, Division 3 sets out the GSPT’s planning functions. This includes the requirement to have a
plan of management, as is existing practice, and to engage the new community trustee boards in
developing the plans of management (see details under Part 4).
Plans of management are important documents that set out the key land uses for the parklands as
well as activities and operations of the GSPT. Plans of management will be prepared with
extensive community consultation and need to be approved by the minister as a guide for how the
parklands will be managed over the life of the plan.
In Part 3, Clause 23 requires the Greater Sydney Commission to consult with GSPT when
preparing regional or district plans to embed planning for parklands in broader metropolitan
4Greater Sydney Parklands Trust Bill 2021
planning and for state agencies to consult directly about any proposals that might impact the
parklands estate.
The Bill also requires councils adjacent to Greater Sydney Parklands estate to consider the
potential impacts of additional overshadowing on the parks when assessing development
applications to ensure the amenity of the parklands are protected from adjacent high rise
development.
Part 4 Community consultation
Part 4 requires the trust to have a consultation and engagement framework. The framework will
provide transparency and will set out how and about what issues the GSPT will consult and
engage with the community. The framework will be prepared with extensive community
consultation, public exhibition and will be approved by the minister. It will need to be completed
within 2 years of commencement.
The framework will also set out further detail and procedures for how the GSPT interacts with
community trustee boards.
Part 4, Division 2 provides more details on the community trustee boards. Each is required to
reflect a diversity of community voices, including representatives from local First Nations peoples.
They will provide advice from a local perspective on park stewardship, use and activities;
environmental, heritage and cultural issues; and plans of management, new leases and
sustainable funding options.
The GSPT Board is obliged to listen to the advice of the community trustee boards in its strategic
oversight of each park and to report on its engagement with the community trustee boards in its
annual report.
The Exposure Bill establishes the governance requirements for each of the boards, including
appointments. There will be no more than 7 members appointed by the GSPT, selected through an
expression of interest process detailed in the consultation and engagement framework. Members
will be in office for 2 years. GSPT could replace members of the community trustee board with new
members if they are no longer representing their community.
Members will need to have sound knowledge of the park and its activities, with the ability to
network and communicate with local residents, community groups and park users and represent
the widest possible range of community and park user views. The delegate of a council or local
mayor could be included on the community trustee board if appropriate.
Part 5 Finance
To ensure GSPT can reserve and control all its funds for the better management of the parklands,
the Exposure Bill establishes a GSPT bank account to hold funds, and arrangements to clearly
account for the funds of each of the associated trusts. This means that GSPT will be able to report
transparently on all its financial arrangements including how the funds of each of the associated
trusts are being spent.
As an added protection for each of the associated trusts, the GSPT will be required to prioritise that
the funds of each trust be spent on implementing their plan of management and ensuring they are
financially sustainable.
With these new arrangements in place, all other financial requirements are consistent with the
financial requirements of the existing associated trusts’ legislation.
5Greater Sydney Parklands Trust Bill 2021
Parts 6 and 7
The remaining parts of the Exposure Bill include provisions for enforcement and legal proceedings,
as well as miscellaneous requirements that do not change from that included in existing legislation.
Schedules
The Schedules set out arrangements for the trust board and the community trustee boards and
definitions.
Schedule 5: Amendments of the associated Acts
General changes
Schedule 5 specifies changes to the following legislation:
• Callan Park (Special Provisions) Act 2002
• Centennial Park and Moore Park Trust Act 1983
• Parramatta Park Trust Act 2001
• Western Sydney Parklands Act 2006.
In general the associated acts remain unchanged except where required to link to the proposed
Greater Sydney Parklands Trust.
Some of these changes are reflected in each piece of legislation, including those about:
• establishing of community trustee boards
• preparing a consultation and engagement framework for how GSPT will work with the
community.
Other changes are relevant to all legislation other than the Callan Park (Special Provisions) Act
2002. These ensure consistency with the new Greater Sydney Parklands Trust Act and are
designed to:
• have a consistent approach to preparing plans of management for each park
• creating consistent governance structures and requirements for each trust’s board and board
members
• have more consistent permissible uses and planning pathways than the other parklands
• provide the ability to delegate functions to the GSPT to act as an umbrella trust
• allow for legal enforcement of the park regulations.
Acquiring underground land for essential public purposes such as Sydney Metro
Proposed changes to section 5A of the Callan Park (Special Provisions) Act 2002 relate to the
ability for a government agency to acquire land under Callan Park for public purposes, such as the
proposed underground tunnel for the Sydney Metro.
Similarly, proposed changes to Section 9AA of the Parramatta Park Trust Act 2001 would allow the
same underground uses. These underground uses would only be allowed where there was no
impact on the above-ground park.
Leasing at Callan Park
Further proposed changes to Callan Park (Special Provisions) Act 2002 relate to long-term leases.
Currently, the maximum lease length at Callan Park is 10 years. This will remain except for
Kirkbride, Broughton Hall and the Convalescence Cottages, where leases could be up to 50 years.
6Greater Sydney Parklands Trust Bill 2021
The proposed changes would require any longer term lease for these 3 buildings to be approved
by the minister and only after consultation with the community trustee board and a period of public
notice that explains the intent of the potential lease to the wider community. A longer lease for
these 3 buildings will encourage a tenant to significantly invest in the repair of these critical
heritage buildings. Currently the costs of works are estimated to be in the hundreds of millions of
dollars.
Development at Callan Park
Further proposed changes relate to Section 7 of the Act and are concerned with uses and activities
at Callan Park.
Key here is that the making of the Act in 2002 tied the legislation to the local environmental plan
that was in place at the time. Inner West Council has since prepared a new local environmental
plan and the 2001 plan has been superseded. By omitting sections 7(1) and 7(2) from the Act, the
Exposure Bill updates the planning arrangements for how the park will be managed under local
planning instruments that are current, rather than those that were in place 20 years ago.
Other changes to Section 7 will introduce the ability to allow arts, culture and food and drink
premises in Callan Park, as well as temporary structures like a marquee for an event.
The Act will also require the Trust to give priority to ‘not for profit’ organisations when deciding
which groups will carry out activities or lease facilities in the park for any of the permissible
purposes.
Changes to sections 7(5) and 5A remove the restriction that currently means any building works
must remain with the current footprint of existing buildings, but only for minor improvements such
as accessibility structures (ramps or lifts) or safety requirements such as fire access points.
Leasing arrangements at Centennial Park
The Exposure Bill proposes changes to leasing arrangements currently detailed under Section 20
of the Centennial Park and Moore Park Trust Act 1983. This will provide greater certainty in terms
of leasing arrangements, while maintaining the protection that all leases must help the Trust meet
the objects of the Act.
Removing parking on the grass at Moore Park
The Bill makes carparking on the grass at Upper Kippax Lake in Moore Park illegal. This is in line
with the Moore Park Masterplan 2040 and will be the first stage in the Greater Sydney Parklands
strategy to remove parking for events on the grass all together over the long term.
7Greater Sydney Parklands Trust Bill 2021
Changes to Western Sydney Parklands and Parramatta Park legislation
The only proposed changes to Western Sydney Parklands and Parramatta Park legislation are
those general changes described above to allow these trusts to work consistently with Greater
Sydney Parklands Trust, and at Parramatta Park, to allow for underground acquisition for purposes
such as Sydney Metro.
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