Appointment of a Crown land manager
The minister appoints different types of entities to be a Crown land manager. These entities may be:
- a statutory land manager
- a local council
- a local Aboriginal land council
- a prescribed body corporate
- the Ministerial Corporation
- an association
- a company
- any other body corporate or corporation constituted by or under another Act
- the head of a Government sector agency.
There are differing appointment and resignation requirements, depending on the type of entity. The following guidance material is separated into 4 groups:
- statutory land managers
- council Crown land managers
- head of Government sector agency as Crown land managers
- all other Crown land manager entities.
Crown land managers
Board members of a statutory land manager are appointed by the minister. A board must have a minimum of 2 and a maximum of 7 members.
Boards consist of dedicated volunteers who reside in the vicinity of the reserve, and generously offer their time to support their community. We welcome applications from individuals of diverse backgrounds, particularly those with a background in business, financial management, and objective decision-making.
A board member normally holds office for up to 5 years. Each appointment term is specified in the NSW Government Gazette notice.
At the end of their term, members can be reappointed (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 who holds a position that has an interest in the management of the reserve – for example, a councillor or mayor of a local council. The ‘position’ is appointed as the ex-officio member, not a specific person.
Ex-officio members are included in the required minimum of 2, or maximum of 7 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).
A person stops being a member of a statutory land manager board if they:
- submit a written resignation to the minister
- complete their term and are not reappointed
- become bankrupt or seek the protection of bankruptcy laws
- have a mental illness and become a patient under the relevant mental health legislation
- are convicted anywhere in Australia or overseas of an offence that is punishable in NSW by at least 12 months of imprisonment
- die
- are removed at the discretion of the minister at any time for any or no reason and without notice.
An annual general meeting should be convened after a new statutory land manager is appointed. At this first meeting, a chairperson, deputy chairperson and other office-bearers must be elected.
A statutory land manager that seeks to stop all operations should contact the Department. We may provide support to help statutory land managers without the need for a board to resign.
If a board resignation goes ahead, the statutory land manager will need to complete administrative and financial tasks outlined by the Department. The minister may dissolve a statutory land manager by notice, published in the NSW Government Gazette.
Statutory land managers often rely on help from volunteers to fulfil their responsibilities. Volunteers who regularly help 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.
Current board vacancies
Potential applicants can view current board vacancies. If you have a vacancy on your board, contact us.
Roles of board members
The following guidance on board member roles applies to most types of Crown land manager entities.
The board executive is elected at its annual general meeting. The board must elect a chairperson and deputy chairperson, except in the case of category 1 Crown land managers, where the minister appoints the chairperson.
Generally, boards appoint a secretary and a treasurer from among the board members. In some circumstances, boards may elect a secretary and a treasurer from outside the board. Boards may also employ board members to act as the secretary and treasurer.
However, such employment and payment must be approved by the minister.
The people elected at an annual general meeting hold their positions until the next annual general meeting, unless they resign or otherwise stop being a member of the board.
There are 4 main executive positions for a Crown land manager:
| Role | Key duties |
|---|---|
| Chairperson | The chairperson serves as the board's figurehead and acts as a link between the board and the Department. While there is generally no legal distinction between the duties of a chairperson, and those of any other board member, in practice the chairperson is expected to play a leading role in the board. At a minimum, the chairperson will be responsible for managing board meetings. The chairperson is also responsible for taking a leading role in management practices for the Crown reserve, ensuring proper procedures are in place and all duties carried out. |
| Deputy Chairperson | The deputy chairperson supports the chairperson in their duties and acts in the chairperson’s place in their absence. The deputy should have a good working relationship with the chairperson and needs to have a good understanding of the chairperson’s role and responsibilities. |
| Secretary | The main role of the secretary is to support the chairperson and to maintain effective records and administration. The secretary supports the chairperson in organising and managing meetings. |
| Treasurer | The treasurer is key to keeping the organisation’s finances in order. The position requires time, dedication and financial expertise. The treasurer organises bank accounts, deposits cash and cheques, pays the bills, keeps the books in order, draws up a budget, and keeps track of the outgoings and incomings throughout the year. They are also responsible for submitting the reserves annual report to the Department. |
Problems with board members
Being a member of a Crown land manager board can be a very rewarding experience. However, there may be times when Crown land managers experience difficult situations with another board member, and resolving these matters can seem daunting.
Not-for-profit resource Our Community discusses the various types of difficult board members and how to manage them in the short-term, as well as longer-term strategies for preventing difficult situations arising.
Board members are not usually paid
Board members are generally not paid (with the exception of some professional category 1 boards) for the time spent inspecting, operating or maintaining the reserve, attending meetings of the Crown land manager board, or otherwise running the affairs of the reserve. However, they can be reimbursed for out-of-pocket expenses if the Crown land manager board approves.
Board members must provide a receipt before any reimbursement of out-of-pocket expenses. The expenses should be assessed as reasonable, acceptable and necessary, incurred for the general purposes of the Crown land manager, and consistent with the Crown land manager’s adopted policies on out-of-pocket expenses.
Refer to Managing reserve funds for more information on managing finances.
Council Crown land managers
Local councils can be appointed as Crown land managers. Councils must submit a plan of management for all reserves they are appointed to manage. Once this plan of management is approved by the Department, the council Crown land manager can manage reserved land under the provisions of the Local Government Act 1993.
Resignations
Council Crown land managers, and all category 1 Crown land managers, cannot resign from being a Crown land manager without the minister's approval.
The Department has a specific process for this. Please contact us to discuss resignation options.
Head of Government sector agency
Heads of Government sector agencies can be appointed as Crown land managers. In most cases, this will be the secretary of the applicable Government Department.
Resignations
Other types of Crown land manager entity who seek to resign as a Crown land manager need to contact the Department.
The minister can also revoke the appointment of a Crown land manager (for all types of Crown land manager entities).
All other Crown land manager types
All other Crown land managers not specifically discussed above, such as a corporation, use a single appointment and resignation process. This is run by the Department. An appointment instrument specifies:
- the reserve manager
- the appointed term
- the dedication or reserve/reserves number
- any terms or conditions of appointment.
The most appropriate, available Crown land manager is appointed to a reserve, in keeping with the objects and principles of the Act.
Crown land managers can resign by writing to the minister.