Government Gazette No 103 of Friday 22 September 2017

Government Gazette No 103 of Friday 22 September 2017New South Wales
5610 NSW Government Gazette No 103 of 22 September 2017
Number 103 Friday, 22 September 2017
GOVERNMENT GAZETTE – 22 September 2017
The New South Wales Government Gazette is the permanent public record of official notices issued by the New South Wales Government. It also contains local council and other notices and private advertisements.
The Gazette is compiled by the Parliamentary Counsel’s Office and published on the NSW legislation website (www.legislation.nsw.gov.au) under the authority of the NSW Government. The website contains a permanent archive of past Gazettes.
To submit a notice for gazettal – see Gazette Information.
By Authority Government PrinterISSN 2201-7534
GOVERNMENT NOTICES Appointments
CONSTITUTION ACT 1902
MINISTERIAL ARRANGEMENTS FOR THE MINISTER FOR PLANNING, MINISTER FOR HOUSING, AND SPECIAL MINISTER OF STATE
Pursuant to section 36 of the Constitution Act 1902, His Excellency the Governor, with the advice of the Executive Council, has authorised the Honourable D F Perrottet MP to act for and on behalf of the Minister for Planning, Minister for Housing, and Special Minister of State on and from 22 September to 8 October 2017, inclusive.
GLADYS BEREJIKLIAN MP Premier 20 September 2017
MINISTERIAL ARRANGEMENTS FOR THE MINISTER FOR PRIMARY INDUSTRIES, MINISTER FOR REGIONAL WATER, AND MINISTER FOR TRADE AND INDUSTRY
Pursuant to section 36 of the Constitution Act 1902, His Excellency the Governor, with the advice of the Executive Council, has authorised The Honourable P L Toole MP, to act for and on behalf of the Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry on and from 23 September to 9 October 2017, inclusive.
MINISTERIAL ARRANGEMENTS FOR THE MINISTER FOR ROADS, MARITIME AND FREIGHT
Pursuant to section 36 of the Constitution Act 1902, His Excellency the Governor, with the advice of the Executive Council, has authorised the Honourable A J Constance MP to act for and on behalf of the Minister for Roads, Maritime and Freight on and from 23 September to 8 October 2017, inclusive.
MINISTERIAL ARRANGEMENTS FOR THE MINISTER FOR FINANCE, SERVICES AND PROPERTY
Pursuant to section 36 of the Constitution Act 1902, His Excellency the Governor, with the advice of the Executive Council, has authorised the Treasurer, the Honourable D F Perrottet MP to act for and on behalf of the Minister for Finance, Services and Property on and from 20 October to 7 November 2017, inclusive.
MINISTERIAL ARRANGEMENTS FOR THE MINISTER FOR FAMILY AND COMMUNITY SERVICES, MINISTER FOR SOCIAL HOUSING,
AND MINISTER FOR THE PREVENTION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT
Pursuant to section 36 of the Constitution Act 1902, His Excellency the Governor, with the advice of the Executive Council, has authorised the Honourable R C Williams MP to act for and on behalf of the Minister for Family and Community Services, Minister for Social Housing, and Minister for the Prevention of Domestic Violence and Sexual Assault on and from 23 October 2017 to 6 November 2017, inclusive. GLADYS BEREJIKLIAN MP Premier 20 September 2017
Government Notices
Planning and Environment Notices HERITAGE ACT 1977
ERRATUM
The notice published in the Government Gazette No. 168 of 22 December 2000, relating to the direction pursuant to Section 34(1)(a) of the Heritage Act 1977 to list the High Conservation Value Old Growth Forest, Upper North East Region on the State Heritage Register should have read:
Schedule “B”
All those parts, pieces or parcels of land containing HCVOG forest within National Parks and Nature Reserves and State Forests (excluding easements and leases) in the Upper North East Region* as described below:
(i) depicted in the Geographic Information System theme in ESRI grid format called “hcovog1_prtctd” in the sub-directory called “Protected_HCVOG” on the CD-ROM, lodged with Department of Urban Affairs and Planning and having the volume label “991221_1516 (21 December 1999)”; and
(ii) further described in the corresponding metadata on the CD-ROM.
but excluding those pieces and parcels of land subject to the easements and leases described below:
(i) depicted in the Geographic Information System theme in ESRI ArcInfo coverage format called “easement and leases” in the sub-directory called “Heritage Office OG/Tenure” on CD-ROM lodged with the Heritage Office and having the volume label ”001117 1805” (17 November 2000) and provided by State Forests of New South Wales; and
(ii) further described in the corresponding metadata on the CD ROM.
*The Upper North East Region is the area as described in section 1.4 of the Forest Agreement for the Upper North East Region, New South Wales Government, 5 March, 1999.
HERITAGE ACT 1977
ERRATUM
The notice published in the Government Gazette No. 168 of 22 December 2000, relating to the order under Section 57(2) of the Heritage Act 1977 for the item known as the High Conservation Value Old Growth Forest, Upper North East Region should have read:
Schedule “B”
All those parts, pieces or parcels of land containing HCVOG forest within National Parks and Nature Reserves and State Forests (excluding easements and leases) in the Upper North East Region* as described below:
(i) depicted in the Geographic Information System theme in ESRI grid format called “hcovog1_prtctd” in the sub-directory called “Protected_HCVOG” on the CD-ROM, lodged with Department of Urban Affairs and Planning and having the volume label “991221_1516 (21 December 1999)”; and
(ii) further described in the corresponding metadata on the CD-ROM.
but excluding those pieces and parcels of land subject to the easements and leases described below:
(i) depicted in the Geographic Information System theme in ESRI ArcInfo coverage format called “easement and leases” in the sub-directory called “Heritage Office OG/Tenure” on CD-ROM lodged with the Heritage Office and having the volume label ”001117 1805” (17 November 2000) and provided by State Forests of New South Wales; and
(ii) further described in the corresponding metadata on the CD ROM.
*The Upper North East Region is the area as described in section 1.4 of the Forest Agreement for the Upper North East Region, New South Wales Government, 5 March, 1999.
Government Notices
Roads and Maritime Notices MARINE SAFETY ACT 1998
MARINE NOTICE
Section 12(2)
REGULATION OF VESSELS – EXCLUSION ZONE
Location Manning River, between Martin Bridge and Dumaresq Island at Taree.
Duration 8.00am to 5.00pm – 24 September 2017
8.00am to 5.00pm – 9 and 10 December 2017
8.00am to 5.00pm – 18 February 2018
8.00am to 5.00pm – 26 and 27 May 2018
8:00am to 5:00pm – 12 August 2018
Detail Competitive powerboat racing will be conducted on the waters of the Manning River, as specified above, involving the use of high speed power vessels which will be active in the area on both days during the above times.
There will also be support vessels present to manage the event, and competing vessels operating at speed presenting a significant potential hazard to other waterway users.
All vessel operators and persons using the waters of the Manning River in the vicinity of the event should keep a proper lookout, keep well clear of competing and support vessels, and exercise extreme caution.
An EXCLUSION ZONE is specified at the above location while the events are in progress.
Unauthorised vessels and persons are strictly prohibited from entering the exclusion zone which will be marked by control vessels stationed at the perimeter of the exclusion zone.
Penalties may apply (Section 12(5) – Marine Safety Act 1998)
Transit lane Provision has been made for vessels to transit the Exclusion Zone during breaks in the racing. Control vessels (via race control vessels and control points on shore) will, at times during the event, authorise local vessel traffic to cross.
For full details visit the Roads and Maritime Services website – www.rms.nsw.gov.au/maritime
Marine Notice NH1775
Government Notices
Mining and Petroleum Notices NOTICE is given that the following applications have been received:
EXPLORATION LICENCE APPLICATION
(T17-1163)
No. 5559, MINTO GLEN PASTORAL CO PTY LTD (ACN 068898886), area of 37 units, for Group 2, dated 15 September, 2017. (Broken Hill Mining Division).
MINING LEASE APPLICATION
(V17-9801)
No. 28, THE AUSTRAL BRICK CO PTY LTD (ACN 000 005 550), area of about 12.94 hectares, to mine for clay/ shale, kaolin and structural clay, dated 12 September, 2017. (Sydney Mining Division).
The Honourable Don Harwin MLC Minister for Resources
NOTICE is given that the following applications have been granted:
EXPLORATION LICENCE APPLICATIONS
(T16-1155)
No. 5383, now Exploration Licence No. 8643, COPETON DIAMOND MINES PTY LTD (ACN 601 157 475), Counties of Burnett and Nandewar, Map Sheet (8837, 8937), area of 22 units, for Group 1 and Group 6, dated 31 August, 2017, for a term until 31 August, 2019.
(T16-1155)
No. 5383, now Exploration Licence No. 8644, COPETON DIAMOND MINES PTY LTD (ACN 601 157 475), Counties of Burnett and Nandewar, Map Sheet (9038), area of 11 units, for Group 1 and Group 6, dated 31 August, 2017, for a term until 31 August, 2019.
(T17-1087)
No. 5492, now Exploration Licence No. 8645, GFM EXPLORATION PTY LTD (ACN 150033042), County of Wallace, Map Sheet (8624), area of 19 units, for Group 1, dated 12 September, 2017, for a term until 12 September, 2023.
(T17-1096)
No. 5500, now Exploration Licence No. 8646, MONZONITE METALS PTY LTD (ACN 165 629 818), County of Lincoln, Map Sheet (8633, 8733), area of 86 units, for Group 1, dated 12 September, 2017, for a term until 12 September, 2019.
(T17-1101)
No. 5503, now Exploration Licence No. 8647, PANDA MINING PTY LTD (ACN 137548237), County of Yancowinna, Map Sheet (7133), area of 2 units, for Group 1 and Group 2, dated 12 September, 2017, for a term until 12 September, 2019.
NOTICE is given that the following application has been withdrawn:
EXPLORATION LICENCE APPLICATION
(T17-1162)
No. 5558, MINTO GLEN PASTORAL CO PTY LTD (ACN 068898886), County of Kilfera, Map Sheet (7529, 7530, 7630). Withdrawal took effect on 12 September, 2017.
Government Notices
NOTICE is given that the following applications for renewal have been received:
(V17-9793)
Exploration Licence No. 6127, PEAK GOLD MINES PTY LTD (ACN 001 533 777) AND LYDAIL PTY LTD (ACN 076 772 275), area of 98 units. Application for renewal received 14 September, 2017.
(V17-9708)
Exploration Licence No. 8477, AUSTRALIAN MINES LIMITED (ACN 073914191), area of 7 units. Application for renewal received 12 September, 2017.
(V17-9713)
Exploration Licence No. 8478, AUSTRALIAN MINES LIMITED (ACN 073914191), area of 18 units. Application for renewal received 12 September, 2017.
RENEWAL OF CERTAIN AUTHORITIES
Notice is given that the following authorities have been renewed:
(07-1229)
Exploration Licence No. 4458, NYMAGEE RESOURCES PTY LTD (ACN 154 131 138) AND AUSMINDEX PTY LIMITED (ACN 003 287 634), County of Mouramba, Map Sheet (8133), area of 4 units, for a further term until 26 November, 2018. Renewal effective on and from 13 September, 2017.
(V17-4822)
Exploration Licence No. 5868, HILL END GOLD LIMITED (ACN 072 692 365), Counties of Bathurst, Roxburgh and Wellington, Map Sheet (8731, 8732), area of 16 units, for a further term until 18 June, 2019. Renewal effective on and from 15 September, 2017.
(V17-4941)
Exploration Licence No. 6258, STANNUM PTY LTD (ACN 121 771 695), County of Cowper, Map Sheet (8137), area of 38 units, for a further term until 21 June, 2020. Renewal effective on and from 13 September, 2017.
(V17-1833)
Exploration Licence No. 8358, WENDY RUTH YARNOLD, County of Hawes, Map Sheet (9234), area of 6 units, for a further term until 8 April, 2019. Renewal effective on and from 12 September, 2017.
TRANSFER APPLICATIONS
(V17/9672)
Exploration Licence No. 6479, ROCKWELL RESOURCES PTY LIMITED (ACN 107 798 998) to MT BROWNE MINING GROUP PTY LTD (ACN 619 711 867), County of Yungnulgra, Map Sheet 7436, Area of 6 units. Application for transfer was received on 19 September 2017.
The Honourable Don Harwin MLC Minister for Resource
MARKET INTEREST TEST
Coal Exploration Licence
Exploration Licence Application No. 5525 (Act 1992)
Coal & Allied Operations Pty Ltd (ACN 000 023 656) and HVO Resources Pty Ltd (ACN 608 108 952) have applied to the NSW Department of Planning and Environment, Division of Resources and Geoscience (Division) for a coal (Group 9) exploration licence for operational allocation purposes in accordance with Section 13C of the Mining Act 1992 and Clause 20 of the Mining Regulation 2016.
Government Notices
Exploration Licence Application No. 5525 (Act 1992) is located about 8.26 kilometres west-southwest of Ravensworth and embraces an area of 932 hectares as shown in the diagram below.
In order to assess the market interest, the Division invites submissions from qualified parties who have an interest in exploring for and developing any coal resources located within the application area. Your submission should include:
• Company background • Experience in developing a coal resource • Ability to access technical expertise to undertake coal exploration and rehabilitation • Initial proposed work program • Potential timeframe for development
Submissions should quote Market Interest Test for ELA 5525 (Act 1992) and may be made by email to [email protected] by 11:59pm on 04 October 2017.
Any submissions received by the required date will be considered by the Minister when determining this exploration licence application.
The Honourable Don Harwin, MLC Minister for Resources
Exploration Licence Application No. 5526 (Act 1992) is located about 7.12 kilometres west-southwest of Ravensworth and embraces an area of 128 hectares as shown in the diagram below.
• Company background
Government Notices
• Experience in developing a coal resource • Ability to access technical expertise to undertake coal exploration and rehabilitation • Initial proposed work program • Potential timeframe for development
Exploration Licence Application No. 5527 (Act 1992) is located about 7.96 kilometres north-northwest of Ravensworth and embraces an area of 152 hectares as shown in the diagram below.
• Company background • Experience in developing a coal resource • Ability to access technical expertise to undertake coal exploration and rehabilitation • Initial proposed work program • Potential timeframe for development
Government Notices
Government Notices
Primary Industries Notices DRUG MISUSE AND TRAFFICKING ACT 1985
Instrument of Appointment to Give Certificate Evidence
I, SCOTT HANSEN, Director General of the Department of Primary Industries, pursuant to Section 43(5) of the Drug Misuse and Trafficking Act 1985 (‘the Act’), hereby appoint the persons named in the Schedule below, each of whom I consider to be suitably qualified persons to give a certificate in relation to the identification of cannabis plant or cannabis leaf for the purposes of Section 43 of the Act.
SCHEDULE
Dated this 19th day of September 2017
SCOTT HANSEN Director General Department of Primary Industries (an office within the Department of Industry)
Government Notices
Crown Land Notices 1300 886 235 www.crownland.nsw.gov.au
FORESTRY ACT 2012
Revocation of Dedication
IN pursuance of section 32 of the Forestry Act 2012, I, PAUL TOOLE, Minister for Lands and Forestry, being the Minister of the Crown charged with the administration of the Forestry Act 2012, having considered a report from the Forestry Corporation of New South Wales and being of the opinion that the hereinafter described land should be made available for a cemetery which, pursuant to a declaration by the then Minister for Land and Water Conservation notified by gazettal on 23 August 1996, is a public purpose within the meaning of the Crown Lands Act 1989, DO HEREBY revoke the dedication of the hereinafter described lands.
EASTERN DIVISION
Land District of Moruya; Eurobodalla Council Area; Southern Forestry Region
All that piece or parcel of land situated in the Parish of Nerrigundah, County of Dampier, being Dampier State Forest No. 926 No. 4 Extension dedicated on 15 February 1980, comprising an area of approximately 2.83ha, as shown in Crown Plan 970-3040, being the area delineated in the diagram below.
PAUL TOOLE MP Minister for Lands and Forestry
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.
The Hon Paul Toole, MP Minister for Lands and Forestry
Schedule
Crown Plan 970-3040 Parish Nerrigundah County Dampier
Area: about 2.83 hectares File Reference: 17/02075
Reserve No. 1039012 Public Purpose: cemetery and crematorium
Government Notices
GOULBURN OFFICE
APPOINTMENT OF TRUST BOARD MEMBERS
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.
Schedule
NOTICE OF PURPOSE OTHER THAN THE DECLARED PURPOSE PURSUANT TO SECTION 34A(2)(b) OF THE CROWN LANDS ACT 1989
Pursuant to section 34A(2)(b) of the Crown Lands Act 1989, the Crown reserve(s) specified in Column 2 of the Schedule is to be used or occupied under a relevant interest granted for the purpose(s) specified in Column 1 of the Schedule where such use or occupation is other than the declared purpose of the reserve
Schedule
NOTIFICATION OF CLOSING OF A ROAD
In pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the lands comprised therein cease to be public road and the rights of passage and access that previously existed in relation to the road is extinguished. Upon closing, title to the land, comprising the former public road, vests in the body specified in the Schedule hereunder.
DESCRIPTION
Road Closed: Lot 17 DP 1234586
File No: 17/02885
SCHEDULE
On closing, the land within Lot 17 DP 1234586 remains vested in the State of New South Wales as Crown land.
Column 1 Column 2 Column 3
Richard Ernest Gawned (new member) Peter Sidney Emery (new member)
For a term commencing the date of this notice and expiring 30 October 2019.
Moss Vale Recreation Ground Reserve Trust
Reserve No. 1038108 Public Purpose: public recreation Notified: 14 March 2014
File Reference: 14/01982
pipeline pump site
Reserve No. 130010 Public Purpose: public recreation Notified: 12 December 1986 File Reference: 16/05323
Government Notices
DESCRIPTION
File No: GB07H409
SCHEDULE
DESCRIPTION
File No: 17/04699
SCHEDULE
DESCRIPTION
Land District – Wagga Wagga; LGA – Lockhart
File No: 15/09665
SCHEDULE
On closing, that part of the land within Lot 1 DP1230939 which was formerly Crown road remains vested in the State of New South Wales
Government Notices
On closing, that part of the land within Lot 1 DP1230939 which was formerly Council road becomes vested in the State of New South Wales as Crown land
DESCRIPTION
Land District – Gundagai; LGA – Cootamundra-Gundagai Regional
File No: 17/01596
SCHEDULE
DESCRIPTION
File No: 17/05210
SCHEDULE
DESCRIPTION
File No: 17/06349
SCHEDULE
DESCRIPTION
File No: 17/05431
SCHEDULE
On closing, that part of Lot 2 DP 1234048 formerly Crown road remains vested in the State of New South Wales as Crown Land and that part of Lot 2 DP 1234048 formerly Council road becomes vested in the State of New South Wales as Crown Land.
DESCRIPTION
File No: 17/02430
SCHEDULE
DESCRIPTION
File No: 17/05432
SCHEDULE
DESCRIPTION
File No: 16/05116
SCHEDULE
DESCRIPTION
File No: 17/02806
SCHEDULE
DESCRIPTION
File No: 17/01929
SCHEDULE
DESCRIPTION
File No: 17/05936
SCHEDULE
Schedule
Claire Purvis (new member)
For a term commencing the date of this notice and expiring 27 February 2019.
The Susan And Elizabeth Islands Recreation Trust
Dedication No. 540041 Public Purpose: public recreation Notified: 3 May 1957
Dedication No. 540107 Public Purpose: public recreation Notified: 3 May 1957
File Reference: 09/08041
Schedule
Schedule
DESCRIPTION
Road Closed: Lots 1-2 DP 1234348
File No: 17/01901
SCHEDULE
On closing, the land within Lots 1-2 DP 1234348 remains vested in the State of New South Wales as Crown land.
DESCRIPTION
File No: 17/05343
SCHEDULE
Column 1 Column 2
tree planting effluent pipeline
Reserve No. 40907 Public Purpose: camping, travelling stock Notified: 3 January 1907 File Reference: 16/06276
Column 1 Column 2
Government Notices
GRIFFITH OFFICE
Schedule
MAITLAND OFFICE
Schedule
Column 1 Column 2
grazing Reserve No. 57097 Public Purpose: access Notified: 23 May 1924 File Reference: 17/06059
Column 1 Column 2
Column 2
Reserve No. 14353 Public Purpose: drainage, public recreation Notified: 22 August 1891 File Reference: 17/08716
Column 2
Reserve No. 14359 Public Purpose: drainage, public recreation Notified: 22 August 1891 File Reference: 17/08716
Column 2
Reserve No. 14363 Public Purpose: water Notified: 22 August 1891 File Reference: 17/08716
Column 2
Reserve No. 70494 Public Purpose: future public requirements Notified: 13 February 1942 File Reference: 17/08716
Government Notices
Column 1 Column 2
Reserve No. 74585 Public Purpose: future public requirements Notified: 16 November 1951 File Reference: 17/08716
Column 2
Reserve No. 77906 Public Purpose: future public requirements Notified: 26 August 1955 File Reference: 17/08716
Column 2
Reserve No. 79347 Public Purpose: future public requirements Notified: 22 February 1957 File Reference: 17/08716
Column 2
Reserve No. 80946 Public Purpose: future public requirements Notified: 15 August 1958 File Reference: 17/08716
Column 2
Reserve No. 84997 Public Purpose: public recreation Notified: 4 September 1964 File Reference: 17/08716
Column 2
Reserve No. 86975 Public Purpose: plantation Notified: 29 November 1968 File Reference: 17/08716
Column 2
Reserve No. 86976 Public Purpose: rubbish depot Notified: 29 November 1968 File Reference: 17/08716
Column 2
Reserve No. 87515 Public Purpose: future public requirements Notified: 21 November 1969 File Reference: 17/08716
Column 2
Reserve No. 87672 Public Purpose: rubbish depot Notified: 20 February 1970 File Reference: 17/08716
Column 2
Reserve No. 96201 Public Purpose: public recreation Notified: 13 August 1982 File Reference: 17/08716
Government Notices
MOREE OFFICE
Pursuant to section 34A(2)(b) of the Crown Lands Act 1989, the Crown reserve(s) specified in Column 2 of the Schedule is to be used or occupied under a relevant interest granted for the purpose(s) specified in Column 1 of the Schedule where such use or occupation is other than the declared purpose of the reserve The Hon Paul Toole, MP Minister for Lands and Forestry
Schedule
Schedule
ORDER - AUTHORISATION OF ADDITIONAL PURPOSE UNDER S121A Pursuant to section 121A of the Crown Lands Act 1989, I authorise by this Order, the purpose specified in Column 1 to be an additional purpose to the declared purpose of the reserves specified opposite thereto in Column 2 of the Schedule. The Hon Paul Toole, MP Minister for Lands and Forestry
Schedule
In pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the lands comprised therein cease to be public road and the rights of passage and access that previously existed in relation to the road is extinguished. Upon closing, title to the land, comprising the former public road, vests in the body specified in the Schedule hereunder. The Hon Paul Toole, MP Minister for Lands and Forestry
Column 1 Column 2
Reserve No. 755245 Public Purpose: future public requirements Notified: 29 June 2007 File Reference: 17/08716
Column 2
Column 1 Column 2
dam Reserve No. 160006 Public Purpose: future public requirements Notified: 24 December 1986 File Reference: 17/07306
Column 1 Column 2
grazing Reserve No. 160025 Public Purpose: access Notified: 22 July 1988 File Reference: 17/02684
Column 1 Column 2
Government Notices
DESCRIPTION
File No: CL/00802
SCHEDULE
On closing, the land within Lots 1-2 DP 1155666 remains vested in the State of New South Wales as Crown land.
DESCRIPTION
Land District - Molong; LGA - Dubbo Regional, Cabonne
Road Closed: Lot 1 DP 1234299, Lots 2-3 DP 1234300
File No: 15/09231
SCHEDULE
On closing, the land within Lot 1 DP 1234299, Lots 2-3 DP 1234300 remains vested in the State of New South Wales as Crown land.
DESCRIPTION
File No: 15/08146
SCHEDULE
Government Notices
DESCRIPTION
File No: 17/05279
SCHEDULE
On closing, the land within Lots 2-3 DP 1233653 becomes vested in the State of New South Wales as Crown Land.
Council's reference: 17/00477
DESCRIPTION
File No: 17/05281
SCHEDULE
DESCRIPTION
File No: 17/00030
SCHEDULE
Government Notices
DESCRIPTION
File No: 16/08990
SCHEDULE
NOWRA OFFICE
Schedule
Schedule
Column 2
Robert Ian Walsh (re-appointment) Grant Garry Coleman (new member) Peter William Fotheringham (new member) Raelene Marshall (re-appointment)
For a term commencing the date of this notice and expiring 23 May 2018.
Wingham Showground Trust Dedication No. 610034 Public Purpose: showground Notified: 15 July 1884
File Reference: TE80R179-003
Schedule
Notes: Existing reservations under the Crown Lands Act are not revoked.
Schedule
Notes: Existing reservations under the Crown Lands Act are not revoked.
WESTERN REGION OFFICE
Schedule
Schedule
Reserve No. 35304 Public Purpose: harbour improvements Notified: 22 November 1902 File Reference: 17/02542
Column 2
Reserve No. 1011708 Public Purpose: regional requirements Notified: 4 August 2006 File Reference: 17/02542
Column 1 Column 2
berthing area wharf
Reserve No. 1011970 Public Purpose: access and public requirements, tourism purposes and environmental and heritage conservation Notified: 28 July 2006 File Reference: 16/05728
Column 1 Column 2
pipeline Reserve No. 76141 Public Purpose: travelling stock Notified: 7 August 1953 File Reference: 13/00161
Column 1 Column 2
sporting event Reserve No. 89180 Public Purpose: travelling stock Notified: 11 April 1974 File Reference: 16/05405
Government Notices
Column 1 Column 2
Government Notices
Other Government Notices ASSOCIATIONS INCORPORATION ACT 2009
Cancellation of Registration pursuant to Section 76
ERRATUM
THE NOTICE that appeared in the New South Wales Government Gazette No 101 of 15 September 2017, folio 5107-5110, cancelling the registration of DRUMMOYNE DISTRICT JUNIOR RUGBY UNION CLUB INCORPORATED, INC9892756, was published in error. The above association remains an Incorporated Association under the Associations Incorporation Act 2009. This notice corrects that error.
Dated this 20th day of September 2017.
Christine Gowland Delegate of the Commissioner NSW Fair Trading
ASSOCIATIONS INCORPORATION ACT 2009
NOTICE UNDER SECTION 509(5) OF THE CORPORATIONS ACT 2001 AS APPLIED BY SECTION 64 OF THE ASSOCIATIONS INCORPORATION ACT 2009
Notice is hereby given that the Incorporated Association mentioned below will be deregistered when three months have passed after 25th August 2017.
PARKESBOURNE/MUMMEL LANDSCAPE GUARDIANS INCORPORATED INC9884970
C Gowland Delegate of the Secretary & Director Registry Services
ASSOCIATIONS INCORPORATION ACT 2009
NOTICE UNDER SECTION 509(5) OF THE CORPORATIONS ACT 2001 AS APPLIED BY SECTION 64 OF THE ASSOCIATIONS INCORPORATION ACT 2009
Notice is hereby given that the Incorporated Association mentioned below will be deregistered when three months have passed after 14th September 2017.
THE HUNTER INSTITUTE OF TECHNOLOGY ASSOCIATION INCORPORATED Y1621245
C Gowland Delegate of the Secretary & Director Registry Services
GEOGRAPHICAL NAMES ACT 1966
PURSUANT to the provisions of Section 10 of the Geographical Names Act 1966, the Geographical Names Board has this day assigned the name listed hereunder as a geographical name.
Maybury Peace Park for a reserve located at Cessnock Road, Weston, in the Cessnock LGA.
The position and extent for this feature is recorded and shown within the Geographical Names Register of New South Wales. This information can be accessed through the Board's website at www.gnb.nsw.gov.au
NARELLE UNDERWOOD Chair Geographical Names Board PO Box 143 BATHURST NSW 2795
Government Notices
GEOGRAPHICAL NAMES ACT 1966
PURSUANT to the provisions of Section 14 of the Geographical Names Act 1966, the Geographical Names Board hereby notifies that it has this day discontinued the name Weston Peace Park for a reserve located at Cessnock Road, Weston, in the Cessnock LGA.
The position and extent for this feature is recorded and shown within the Geographical Names Register of New South Wales. This information can be accessed through the Board's website at www.gnb.nsw.gov.au
NARELLE UNDERWOOD Chair Geographical Names Board PO Box 143 BATHURST NSW 2795
HEALTH ADMINISTRATION ACT 1982
ERRATUM
Notice of Acquisition of Land by Compulsory Process pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Health Administration Act 1982, appearing the New South Wales Government Gazette No. 67 dated 23 June 2017 (Folio 3009 - 3010) is hereby amended by replacing "ALL THAT piece or parcel of land situated at Lidcombe in the Shire of Auburn, Parish of Liberty Plains and County of Cumberland, comprising Lot 100 in Deposited Plan 1232854, being the whole of the land in Folio Identifier 100/ 1232854" in the Schedule, Folio 3010, under the heading "Lidcombe" with "ALL THAT piece or parcel of land situated at Lidcombe in the Shire of Auburn, Parish of Liberty Plains and County of Cumberland, being Lot 100 in Plan of Acquisition Deposited Plan 1232854 and being part of the land comprised in Lot 2 Deposited Plan 850697, described as Folio Identifier 2/850697.
Signed at Sydney this 19th day of September 2017
BRYSON WILSON, Manager, Asset Services New South Wales Ministry of Health A duly authorised delegate of the Health Administration Corporation
MENTAL HEALTH ACT 2007
Declaration of mental health facility
I, SUSAN PEARCE, Acting Secretary of the NSW Ministry of Health, pursuant to section 109 of the Mental Health Act 2007, and section 43 of the Interpretation Act 1987, DO HEREBY:
(a) REVOKE the Order published in the NSW Government Gazette No. 45 of 24 April 2008, declaring certain premises of Concord Hospital to be a mental health facility in accordance with section 109 of the Mental Health Act 2007; and
(b) DECLARE the following premises to be a declared mental health facility for the purposes of the Mental Health Act 2007:
Concord Centre for Mental Health, situated at Concord Repatriation General Hospital Campus, Hospital Road, Concord NSW 2139, and comprising the following units:
• Unit 1 BROUGHTON, located at Buildings 101, 102, and 103 • Unit 2 KIRKBRIDE, located at Building 104 • Unit 3 WALKER, located at Building 105 • Unit 4 NORTON, located at Building 107 • Unit 5 McKAY, located at Building 108 • Unit 6 MANNING & MANNING EAST, located at Building 110 • Unit 7 JARA, located at Buildings 111 and 112 • Mental Health Admissions Office, located at Building 109 • RIVERSIDE Patient Therapies Centre, located at Building 106; and
Government Notices
(c) DECLARE this facility to be designated as a “mental health assessment and inpatient treatment” facility.
Signed, this 8th day of September 2017
Susan Pearce Acting Secretary
(a) REVOKE the Order published in the NSW Government Gazette No. 58 of 19 March 2004, declaring the Hall Ward of The Royal Alexandra Hospital for Children to be a hospital in accordance with section 208 of the Mental Health Act 1990; and
(b) DECLARE the following premises of the Children’s Hospital Westmead to be a declared mental health facility in accordance with section 109 of the Mental Health Act 2007:
• Hall Ward, located on the Children’s Hospital Westmead Campus at Level 1, Main Building, Corner of Hawkesbury Road and Hainsworth Street, Westmead, NSW 2145; and
Variation to the declaration of mental health facility
a) VARY the Order made pursuant to section 109 of the Mental Health Act 2007, published in the NSW Government Gazette No. 169 of 16 November 2007, page 8562, declaring certain premises to be declared mental health facilities, by removing the entry “Inner City Mental Health Service” and the corresponding address “Darlinghurst Community Health Centre, 299 Forbes Street, Darlinghurst NSW 2010”; and
b) DECLARE the Inner City Mental Health Service, situated at the O’Brien Centre, St Vincent’s Hospital Campus, 390 Victoria Street, Darlinghurst NSW 2010, to be a declared mental health facility under section 109 of the Mental Health Act 2007; and
c) DECLARE this facility to be designated in the class of facilities known as “community or health care agency class” for the purposes of section 109 (2)(a); and
d) RESTRICT the facility to the provision of services and performance of functions necessary for, or associated with, the administration or management of community treatment orders under the following provisions of the Mental Health Act 2007:
i. Part 3 of Chapter 3 (except for sections 61, 61A, 62 and 63); ii. Chapter 4; and iii. Chapter 5 (except for sections 111 and 112 and Division 2 of Part 2).
(a) REVOKE the Order published in the NSW Government Gazette No. 132 of 30 September 1994, declaring certain premises of Albury Base Hospital to be a hospital in accordance with section 208 of the Mental Health Act 1990; and
(b) DECLARE the following premises of Albury Base Hospital to be a declared mental health facility in accordance with section 109 of the Mental Health Act 2007:
• Nolan House, located on Level 2 of Block D at Albury Base Hospital, 201 Borella Road, Albury, NSW 2640; and
I, SUSAN PEARCE, Acting Secretary of the NSW Ministry of Health, pursuant to section 109 of the Mental Health Act 2007 and section 43 of the Interpretation Act 1987, DO HEREBY:
(a) REVOKE the Order published in the NSW Government Gazette No. 105 of 14 November 2014, declaring certain premises of the Royal Prince Alfred Hospital to be a declared mental health facility in accordance with section 109 of the Mental Health Act 2007; and
(b) DECLARE the following premises to be a declared mental health facility for the purposes of the Mental Health Act 2007:
Professor Marie Bashir Centre, situated at Building 11, Royal Prince Alfred Hospital Campus, 67-73 Missenden Road, Camperdown NSW 2050, and comprising the following units:
• Missenden Assessment Unit, Ground Floor • Missenden Short Stay Unit, Ground Floor • Missenden Therapies Unit, Ground Floor • Missenden Acute Unit, Third Floor • Missenden High Dependency Unit, Fourth Floor • Peter Beumont Unit, Fifth Floor
(a) REVOKE the Order published in the NSW Government Gazette No. 64 of 29 May 2013, declaring certain premises of Sydney Children’s Hospital Randwick to be a mental health facility in accordance with section 109 of the Mental Health Act 2007; and
Government Notices
(b) DECLARE the following premises of Sydney Children’s Hospital Randwick to be a declared mental health facility for the purposes of section 109 of the Mental Health Act 2007:
• Saunders Unit, located on the Sydney Children’s Hospital Randwick Campus at Ward C3SW, Level 3, Ainsworth Building, Sydney Children’s Hospital, High Street, Randwick, NSW 2031; and
Susan Pearce Actring Secretary
(a) REVOKE the Order published in the NSW Government Gazette No. 91 of 24 July 1992, declaring certain premises of St Joseph’s Hospital, Auburn to be a hospital for the purposes of section 208 of the Mental Health Act 1990; and
(b) DECLARE the following premises to be a declared mental health facility for the purposes of section 109 of the Mental Health Act 2007:
St Joseph’s Hospital Campus, 2a Normanby Road, Auburn NSW 2144, comprising the following units:
• Psychogeriatric Unit, located in Block D off Mona Street • Neuropsychiatry Huntington’s Unit, located in Block I off Normandy Road; and
(a) REVOKE the Order published in the NSW Government Gazette No. 13 of 27 January 2006, declaring certain premises of St Vincent’s Hospital, Darlinghurst, to be a hospital for the purposes of section 208 of the Mental Health Act 1990; and
(b) DECLARE the following premises to be a declared mental health facility for the purposes of section 109 the Mental Health Act 2007:
St Vincent’s Hospital Campus, 390 Victoria Street, Darlinghurst NSW 2010, comprising the following units:
• Caritas Centre, located on Level 5 of the O’Brien Centre, off Burton Street; and • St Vincent’s Psychiatric Emergency Care Centre, located on the Ground Floor of the Public
Hospital, off Victoria Street; and (c) DECLARE this facility to be designated as a “mental health assessment and inpatient treatment” facility.
PASSENGER TRANSPORT ACT 2014
Transport for NSW
NSW Trains Coach Routes 771 and 772 Passengers Between Bemboka and Bega Passenger Service Contract Exemption Order
I, Timothy Reardon, Secretary of the Department of Transport, on behalf of Transport for NSW, under section 39(4) of the Passenger Transport Act 2014 exempt a public passenger service satisfying the description below from the requirement to be operated under the authority of a passenger service contract.
Description of public passenger service The following public passenger service by bus conducted according to regular routes and timetables or according to regular routes and at regular intervals:
(i) Coach Route 771 from Canberra to Eden; and
(ii) Coach Route 772 from Eden to Canberra;
operated under contract with NSW Trains, subject to the following condition.
Condition The exemption only applies to the extent of enabling the carriage of passengers between Bemboka and Bega (in either direction).
Publication This Order is required to be published in the Gazette.
Date of Effect and Termination This Order takes effect on the date it is published in the Gazette and will continue in force until revoked.
This Order may be revoked at any time by Transport for NSW.
Timothy Reardon Secretary
Restoration of Name to the Register of Surveyors
PURSUANT to the provisions of the Surveying and Spatial Information Act 2002, Section 10A (3), the undermentioned Land Surveyors has been restored to the Register of Surveyors.
Narelle Underwood President
Michael Spiteri Registrar
Removal Date
Restoration Date
BOXALL Roger
HOMANN Paul Anthony
KEMP Alastair Douglas
MORGAN Michael John
TREASURE David John
Government Notices
SURVEYING AND SPATIAL INFORMATION ACT 2002
PURSUANT to the provisions of the Surveying and Spatial Information Act 2002, Section 10A (3), the undermentioned Mining Surveyors (Unrestricted) has been restored to the Register of Surveyors.
PURSUANT to the provisions of the Surveying and Spatial Information Act 2002, Section 10A (3), the undermentioned Land Surveyors has been restored to the Register of Surveyors.
LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Land in the Local Government Area of Sydney
Transport for NSW by its delegate declares, with the approval of His 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 as authorised by clause 11 of Schedule 1 of the Transport Administration Act 1988 for the purposes of the Transport Administration Act 1988.
TOM GELLIBRAND Deputy Program Director Metro Product and Integration | Sydney Metro Transport for NSW
SCHEDULE
All that piece of land situated in the Local Government Area of Sydney, Parish of St James and County of Cumberland, comprising Lot 1 Deposited Plan 260232, being the whole of the land in Certificate of Title Folio Identifier 1/260232, said to be in the ownership of Transport for NSW ABN 18 804 239 602, but excluding from the acquisition:
• Dealing V75456 – Right of way 1 metre wide affecting part of the land shown as proposed right of way 1 wide in DP 630767;
• Dealing V75456 – Easement for electricity purposes affecting the part(s) of the land shown as proposed easement for electricity purposes over existing CO2 – 0.03 drain pipe in DP630767;
• Dealing V75456 – Easement for electricity purposes variable width shown as proposed easement for electricity purposes variable width in DP630767; and
Name Date of Original Registration
Removal Date
Restoration Date
Name Date of Original Registration
Removal Date
Restoration Date
Government Notices
• Dealing V75456 – Easement for electricity purposes affecting the part(s) of the land shown as proposed easement for electricity purposes over existing pit and line of ducts in DP630767.
(Transport for NSW Document Number: SM-17-00024762)
TRANSPORT ADMINISTRATION ACT 1988
LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991
Notice of Compulsory Acquisition of Land in the Local Government Area of Sydney
Transport for NSW by its delegate declares, with the approval of His Excellency the Governor, that the interest in land described in the schedule below is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 as authorised by clause 11 of Schedule 1 of the Transport Administration Act 1988 for the purposes of the Transport Administration Act 1988.
TOM GELLIBRAND Deputy Program Director Metro Product and Integration | Sydney Metro Transport for NSW
SCHEDULE 1
All that piece of land situated in the Local Government Area of Sydney, Parish of St James and County of Cumberland, comprising Lot 1 in DP1103195 and Lot 2 in DP1103195 being the whole of land in Auto-Consol 10684-174 said to be in the ownership of Transport for NSW ABN 18 804 239 602, but excluding from the acquisition:
• Covenant C594135 – covenant affecting the land shown in DP110109.
• Easement F822764 – easement for railway purposes affecting the parts of the undersurface of the land as shown in plan with and more fully described in Resumption F822764.
• DP1036292 – Right of footway (A) affecting the part of Lot 1 in DP1103195 shown so burdened in DP1036292.
• DP1036292 – Easement to permit encroaching structure to remain and easement for support appurtenant to DP110109 (B).
• DP1036292 – Easement to permit encroaching structure to remain and right of access (C) appurtenant to DP110109.
• DP1036292 – Right of footway (D) affecting the part of Lot 1 in DP1103195 shown so burdened in DP1036292.
• DP1036292 – Right of footway (E) appurtenant to Lot 1 in DP1103195.
• Unregistered Sublease dated 31 March 2011 from Caglar Pty Ltd ACN 147 841 389 to Robert Reitano of Room 1, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 1 March 2014 from Caglar Pty Ltd ACN 147 841 389 to Peter Leigh Dodson of Room 2, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 5 May 2011 from Caglar Pty Ltd ACN 147 841 389 to Lachlan David Robison of Room 3, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 31 March 2011 from Caglar Pty Ltd ACN 147 841 389 to Peteris Ginters of Room 4, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 3 March 2015 from Caglar Pty Ltd ACN 147 841 389 to Geoffrey Robert Simpson of Room 5, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Timothy Reilly of Room 6, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Erik William Young of Room 7, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 1 March 2015 from Caglar Pty Ltd ACN 147 841 389 to Mark Fraser Fozzard and Lauren Rebecca Smith of Room 8, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
Government Notices
• Unregistered Sublease dated 4 February 2014 from Caglar Pty Ltd ACN 147 841 389 to Gregory John Stanton of Room 9, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Anthony John Joseph Renshaw of Room 10, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 11 March 2013 from Caglar Pty Ltd ACN 147 841 389 to Larissa Andelman of Room 11, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 8 November 2012 from Caglar Pty Ltd ACN 147 841 389 to Jennifer Ellen Stuckey-Clarke of Rooms 12 and 13, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered and undated Sublease from Caglar Pty Ltd ACN 147 841 389 to Clive Andreas Evatt of Room 14, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Dennis Isaac Epstein of Room 15, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered and undated Sublease from Caglar Pty Ltd ACN 147 841 389 to Geoffrey Irvine Foster of Room 16, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 1 September 2014 from Caglar Pty Ltd ACN 147 841 389 to Gustavo & Co. Pty Ltd ACN 156 224 930 of Room 17, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered and undated Sublease from Caglar Pty Ltd ACN 147 841 389 to Ross Gerard Hanrahan of Room 18, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 18 November 2011 from Caglar Pty Ltd ACN 147 841 389 to Bruce Robert Adam of Room 19, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 1 September 2014 from Caglar Pty Ltd ACN 147 841 389 to George Lucarelli of Room 20, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Martin Joseph Claridge of Room 21, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Andrew Phillip Joseph of Room 22, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to David Marks of Room 23 (also referred to as Room 25), Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Charles Warwick Robinson of Room 24, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Unregistered Sublease dated 26 July 2011 from Caglar Pty Ltd ACN 147 841 389 to Paul Stanley Jones of Room 25, Level 15, 39 Martin Place, Sydney. Expires 30 July 2021.
• Licence Agreement dated 16 September 2016 from Caglar Pty Ltd ACN 147 841 389 to Michael Adamo of Reader's Room Number 6, Level 15, 39 Martin Place, Sydney.
(Transport for NSW Document Number: SM-17-00000724)
Government Notices
New South Wales
Supreme Court Equity Division – Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives
The Cross-Border Insolvency Act 2008 (Cth) (the Act) provides in s 6 that, subject to the Act, the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) (the Model Law), with the modifications set out in Pt 2 of the Act, has the force of law in Australia. The English text of the Model Law is set out in Schedule 1 to the Act. Chapter IV of the Model Law, comprising Articles 25–27, provides for cooperation with foreign courts and foreign representatives in the cross-border insolvency matters that are referred to in Article 1 of the Model Law. Articles 25 and 27 of the Model Law, as modified by s 11 of the Act, and as presently relevant, provide: Article 25 Cooperation and direct communication between [this Court] and foreign courts or foreign representatives 1. In matters referred to in article 1, the court shall cooperate to the maximum extent possible
with foreign courts or foreign representatives, either directly or through a registered liquidator (within the meaning of s 5-5 of the Insolvency Practice Schedule (Corporations)).
2. The court is entitled to communicate directly with, or to request information or assistance
directly from, foreign courts or foreign representatives. Article 27 Forms of cooperation Cooperation referred to in [Article 25] may be implemented by any appropriate means, including: (a) Appointment of a person or body to act at the direction of the court; (b) Communication of information by any means considered appropriate by the court; (c) Coordination of the administration and supervision of the debtor’s assets and affairs; (d) Approval or implementation by courts of agreements concerning the coordination of
proceedings; (e) Coordination of concurrent proceedings regarding the same debtor; (f) [The enacting State may wish to list additional forms or examples of cooperation].
Government Notices
Practice Note SC EQ 6 Page 2 of 7 Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives [Section 18 of the Act provides that no additional forms or examples of cooperation are added.] The form or forms of cooperation appropriate to each particular case will depend on the circumstances of that case. Cooperation between the Court and a foreign court or foreign representative under Article 25 will generally occur within a framework or protocol that has previously been approved by the Court, and is known to the parties, in the particular proceeding. Ordinarily it will be the parties who will draft the framework or protocol. In doing so, the parties should have regard to:
the Guidelines Applicable to Court-to-Court Communication in Cross-Border Cases published by The American Law Institute and The International Insolvency Association available at http://iiiglobal.org; and
the UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation available at http://www.uncitral.org.
The Court participated in the inaugural meeting of the Judicial Insolvency Network in Singapore (October 2016) which produced Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (JIN Guidelines) for consideration by the relevant jurisdictions. The JIN Guidelines are intended to facilitate communication and cooperation between Courts in cross- border insolvency matters and have since been adopted by several jurisdictions including Bermuda, the British Virgin Islands, Delaware (USA), England and Wales, Singapore and the Southern District of New York (USA). The Court adopts the JIN Guidelines (attached to this Practice Note) and (subject to applicable rules of substantive and procedural law and to hearing any interested party in a particular case) will be guided by them in cases involving cross-border insolvency or restructuring of one or more companies situated in different jurisdictions. This position is adopted on an interim basis and pending consideration by the Council of Chief Justices of any further amendments to the uniform Corporations Rules and this Practice Note in respect of the JIN Guidelines. T F BATHURST AC Chief Justice of New South Wales 15 September 2017 Related information Practice Note SC Gen 1 Supreme Court - Application of Practice Notes Practice Note SC Eq 1 Supreme Court Equity Division - Case management Practice Note SC Eq 4 Supreme Court Equity Division – Corporations List Amendment history 15 September 2017: This Practice Note replaces the previous version of SC Eq 6 that was issued on 11 March 2009. 11 March 2009: This Practice Note was issued and commenced on 11 March 2009.
Government Notices
Practice Note SC EQ 6 Page 3 of 7 Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives
GUIDELINES FOR COMMUNICATION AND COOPERATION BETWEEN COURTS IN CROSS- BORDER INSOLVENCY MATTERS
INTRODUCTION A. The overarching objective of these Guidelines is to improve in the interests of all
stakeholders the efficiency and effectiveness of cross-border proceedings relating to insolvency or adjustment of debt opened in more than one jurisdiction (“Parallel Proceedings”) by enhancing coordination and cooperation amongst courts under whose supervision such proceedings are being conducted. These Guidelines represent best practice for dealing with Parallel Proceedings.
B. In all Parallel Proceedings, these Guidelines should be considered at the earliest practicable
opportunity. C. In particular, these Guidelines aim to promote:
(i) the efficient and timely coordination and administration of Parallel Proceedings;
(ii) the administration of Parallel Proceedings with a view to ensuring relevant stakeholders’ interests are respected;
(iii) the identification, preservation, and maximisation of the value of the debtor's assets,
including the debtor's business;
(iv) the management of the debtor’s estate in ways that are proportionate to the amount of money involved, the nature of the case, the complexity of the issues, the number of creditors, and the number of jurisdictions involved in Parallel Proceedings;
(v) the sharing of information in order to reduce costs; and (vi) the avoidance or minimisation of litigation, costs, and inconvenience to the parties1
in Parallel Proceedings. D. These Guidelines should be implemented in each jurisdiction in such manner as the
jurisdiction deems fit2. E. These Guidelines are not intended to be exhaustive and in each case consideration ought to
be given to the special requirements in that case. F. Courts should consider in all cases involving Parallel Proceedings whether and how to
implement these Guidelines. Courts should encourage and where necessary direct, if they have the power to do so, the parties to make the necessary applications to the court to facilitate such implementation by a protocol or order derived from these Guidelines, and encourage them to act so as to promote the objectives and aims of these Guidelines wherever possible.
1 The term “parties” when used in these Guidelines shall be interpreted broadly. 2 Possible modalities for the implementation of these Guidelines include practice directions and commercial guides.
Government Notices
Practice Note SC EQ 6 Page 4 of 7 Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives ADOPTION & INTERPRETATION Guideline 1: In furtherance of paragraph F above, the courts should encourage administrators in Parallel Proceedings to cooperate in all aspects of the case, including the necessity of notifying the courts at the earliest practicable opportunity of issues present and potential that may (a) affect those proceedings; and (b) benefit from communication and coordination between the courts. For the purpose of these Guidelines, “administrator” includes a liquidator, trustee, judicial manager, administrator in administration proceedings, debtor-in-possession in a reorganisation or scheme of arrangement, or any fiduciary of the estate or person appointed by the court. Guideline 2: Where a court intends to apply these Guidelines (whether in whole or in part and with or without modification) in particular Parallel Proceedings, it will need to do so by a protocol or an order3, following an application by the parties or pursuant to a direction of the court if the court has the power to do so. Guideline 3: Such protocol or order should promote the efficient and timely administration of Parallel Proceedings. It should address the coordination of requests for court approvals of related decisions and actions when required and communication with creditors and other parties. To the extent possible, it should also provide for timesaving procedures to avoid unnecessary and costly court hearings and other proceedings. Guideline 4: These Guidelines when implemented are not intended to: (i) interfere with or derogate from the jurisdiction or the exercise of jurisdiction by a court in
any proceedings including its authority or supervision over an administrator in those proceedings;
(ii) interfere with or derogate from the rules or ethical principles by which an administrator is
bound according to any applicable law and professional rules; (iii) prevent a court from refusing to take an action that would be manifestly contrary to the
public policy of the jurisdiction; or (iv) confer or change jurisdiction, alter substantive rights, interfere with any function or duty
arising out of any applicable law, or encroach upon any applicable law. Guideline 5: For the avoidance of doubt, a protocol or order under these Guidelines is procedural in nature. It should not constitute a limitation on or waiver by the court of any powers, responsibilities, or authority or a substantive determination of any matter in controversy before the court or before the other court or a waiver by any of the parties of any of their substantive rights and claims. Guideline 6: In the interpretation of these Guidelines or any protocol or order under these Guidelines, due regard shall be given to their international origin and to the need to promote good faith and uniformity in their application.
3 In the normal case, the parties will agree on a protocol derived from these Guidelines and obtain the approval of each court in which the
protocol is to apply.
Practice Note SC EQ 6 Page 5 of 7 Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives COMMUNICATION BETWEEN COURTS Guideline 7: A court may receive communications from a foreign court and may respond directly to them. Such communications may occur for the purpose of the orderly making of submissions and rendering of decisions by the courts, and to coordinate and resolve any procedural, administrative or preliminary matters relating to any joint hearing where Annexure A is applicable. Such communications may take place through the following methods or such other method as may be agreed by the two courts in a specific case:
(i) Sending or transmitting copies of formal orders, judgments, opinions, reasons for decision,
endorsements, transcripts of proceedings or other documents directly to the other court and providing advance notice to counsel for affected parties in such manner as the court considers appropriate.
(ii) Directing counsel or other appropriate person to transmit or deliver copies of documents,
pleadings, affidavits, briefs or other documents that are filed or to be filed with the court to the other court in such fashion as may be appropriate and providing advance notice to counsel for affected parties in such manner as the court considers appropriate.
(iii) Participating in two-way communications with the other court, by telephone or video
conference call or other electronic means, in which case Guideline 8 should be considered.
Guideline 8: In the event of communications between courts, other than on administrative matters, unless otherwise directed by any court involved in the communications whether on an ex parte basis or otherwise, or permitted by a protocol, the following shall apply:
(i) In the normal case, parties may be present.
(ii) If the parties are entitled to be present, advance notice of the communications shall be given
to all parties in accordance with the rules of procedure applicable in each of the courts to be involved in the communications.
(iii) The communications between the courts shall be recorded and may be transcribed. A written
transcript may be prepared from a recording of the communications that, with the approval of each court involved in the communications, may be treated as the official transcript of the communications.
(iv) Copies of any recording of the communications, of any transcript of the communications
prepared pursuant to any direction of any court involved in the communications, and of any official transcript prepared from a recording may be filed as part of the record in the proceedings and made available to the parties and subject to such directions as to confidentiality as any court may consider appropriate.
(v) The time and place for communications between the courts shall be as directed by the
courts. Personnel other than judges in each court may communicate with each other to establish appropriate arrangements for the communications without the presence of the parties.
Government Notices
Practice Note SC EQ 6 Page 6 of 7 Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives Guideline 9: A court may direct that notice of its proceedings be given to parties in proceedings in another jurisdiction. All notices, applications, motions, and other materials served for purposes of the proceedings before the court may be ordered to be provided to such other parties by making such materials available elec

Documents

Government Gazette No 103 of Friday 22 September 2017