The following information outlines appointment and resignation of Crown land managers (CLMs) as well as details on individual board member roles.
The minister appoints different types of entities to be a CLM:
There are differing appointment and resignation requirements depending on the CLM entity type. The following guidance material is separated into four groups: SLMs, council CLMs. head of government sector agency as CLMs, and all other CLM entities.
Board members of a statutory land manager (SLM) are appointed by the minister. A board must have a minimum of two and a maximum of seven members.
A board member normally holds office for up to five years. Each appointment term is specified on the Gazette notice.
At the end of their term, members can be re-appointed (that is, they are not prevented from serving successive terms). However, they are not necessarily guaranteed reappointment.
The minister can also appoint acting members to attend in the place of members who are absent or ill.
The minister can nominate ‘ex officio’ members. An ex officio member is often a person holding some position that has an interest in the management of the reserve, for example, a councillor or mayor of a local council, or a position within the department. It is the ‘position’ that is appointed as the ex officio member, not a named person.
Ex officio members are included in the required minimum of two, or maximum of seven members on the board.
Ex officio members have all the rights and responsibilities of other members. They can speak and vote at meetings of the board and can be elected to executive positions (for example, chairperson, secretary and so on).
Ceasing board members
A person ceases to be a member of a SLM board if they:
Following the appointment of a new SLM, an annual general should be convened. At this first meeting, a chairperson, deputy chairperson and other office-bearers must be elected.
A SLM that seeks to cease all operations should contact the department. Support may be provided to assist SLMs without the need for a board to resign. If a board resignation proceeds, the SLM will need to undertake administrative and financial tasks outlined by the department. The minister may dissolve a SLM by notice, published in the Gazette.
SLMs often rely on help from volunteers in fulfilling their responsibilities. Volunteers who regularly help out with a reserve may form a useful pool of future board members. Similarly, new board members could be recruited from among regular users of the reserve.
Local councils can be appointed as CLMs. Councils are required to submit a plan of management (POM) for all reserves they are appointed to manage. Once this POM is approved by the department, the council CLM can manage reserved land under the provisions of the Local Government Act 1993.
Council CLMs, and all category 1 CLMs, cannot resign from being a CLM without the minister's approval. The department has a specific process for this, please contact us to discuss resignation options.
Heads of government sector agencies can be appointed as CLMs. In most cases this will be the secretary of the applicable government department.
Other CLM entity types who seek to resign as a CLM need to contact the department.
The minister can also revoke the appointment of a CLM (for all CLM entity types).
All other CLMs not specifically discussed above, such as a corporation, use a single appointment and resignation process, run by the department. An appointment instrument specifies the reserve manager, the appointed term, the dedication or reserve/reserves number and any terms or conditions of appointment.
The most appropriate, available CLM is appointed to a reserve, in keeping with the objects and principles of the Act.
CLMs can resign by writing to the minister.
This Crown land manager web resource was printed on 24 Oct 2019. The information contained in this web resource is based on knowledge and understanding at the time of writing Oct 2019. However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information by referring to the website (www.reservemanager.nsw.gov.au).
© State of New South Wales through Department of Planning, Industry & Environment 2019.
Page link: https://reservemanager.crownland.nsw.gov.au/administration/board-members