The written consent of the Minister is required for any dealing by a Reserve Trust , except:
- for Water Access Dealings
- where the Minister has authorised the dealing pursuant to section 102A of the Crown Lands Act.
The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.
As a reserve trust is established pursuant to section 92(2) of the Crown Lands Act 1989 as a corporation constituted by that Act, section 50 of the Interpretations Act applies to the way it may execute a document.
Evidence of the appointment of the Reserve Trust manager (being the relevant government gazette) must be provided in respect of all of the following forms of execution except for the appointment of an Appointee pursuant to section 105 of Crown Lands Act 1989 NSW.
A Reserve Trust may execute a dealing in any of the following ways:
Reserve Trust with seal
A Reserve Trust may execute a dealing or document by affixing its seal but only:
- In the presence of at least 2 members of the reserve trust corporation, and
- With an attestation by the signatures of those members of the fact of the affixing of the seal.
See section 50(2) of the Interpretation Act 1987
Reserve Trust without seal
A Reserve Trust may execute a dealing or document without affixing its seal.
A Reserve Trust that has 2 or more members may execute a dealing or document without affixing its seal , if the dealing or document is signed by the president, chairperson or other principal officer of the Reserve Trust or by any member of the staff of the Reserve Trust authorised by the president, chairperson or other principal officer to execute the dealing or document.
The authorisation provided by the president, chairperson or other principal officer of the Reserve Trust to the other member of the Reserve Trust must be relied upon in the execution clause and the date of the authority must be stated. A copy of the authority is not required to be lodged with the dealing or document .
See section 50(3)(a) of the Interpretation Act 1987
Reserve Trust with council as Reserve Trust Manager without authorisation
The Minister may pursuant to section 95(1)(a) of the Crown Lands Act 1987 appoint a council to manage the affairs of a reserve trust.
Where a council has been appointed they must execute any dealing or document in accordance with the requirements for the execution of a dealing or document by a Reserve Trust Manager, as outlined above.
If a dealing or document is executed on behalf of council pursuant to a registered Power of Attorney, then the relevant Book and Number must be stated on the dealing form. Further the Power of Attorney must be granted by Council in its capacity as a reserve trust manager and not in their capacity as a Local Council.
Reserve Trust with corporate Reserve Trust Manager without authorisation
The Minister may pursuant to section 95(1) (c) of the Crown Lands Act 1987 appoint a corporation to manage the affairs of a reserve trust.
The corporation must clearly set out that they have been appointed as manager of the reserve trust in the execution clause, if it is not already stated on the dealing or document.
A document or dealing is sufficiently executed by a corporate manager if it is executed under the seal of the corporation instead of the seal of the reserve trust. See section 95(4) of the Crowns Lands Act 1989.
Reserve Trust with council Reserve Trust Manager pursuant to authorisation under S102A Crown Lands Act 1989
The Minister may provide a reserve trust managed by Council with an authority pursuant to section 102A of the Crown Lands Act 1989, this authority means that the consent of the Minister is not required to be endorsed on the dealing or document.
The execution by a council, who has an authorisation pursuant to section 102A of the Crown Lands Act 1989, is the same as execution by a council without authorisation, except that the date of authorisation provided must be stated on the dealing form.
See section 95 of the Crown Lands Act 1989 and section 50 of the Interpretation Act 1987.
Pursuant to section 105 of the Crown Lands Act 1989 NSW, the Minister may appoint a person to execute conveyances, instruments and to exercise the functions of a reserve trust.
Where a person has been appointed in accordance with section 105, and they have signed a transfer, mortgage or lease of land, or an instrument creating an easement in respect of land under the Real Property Act 1900 has the same effect as if signed by the registered proprietor of the land.
See s105 Crown Lands Act 1989 with authority under s13L Real Property Act 1990