This has resulted in a number of concerns with the use, maintenance and development of the reserve over time: The trust established a Deed of Maintenance and Development (the deed) with MRC in February 1997. Accordingly, the principles and key elements can be applied to the trust, as the oversight and decision-making body for the reserve. perform functions and approvals as delegated by the minister from time to time in the minister's carrying out of his or her functions under the CLRA, on behalf of the minister, support and oversee agencies that are responsible for the management of Crown land—this includes guidance to agencies about their roles and responsibilities, applicable government policies and legislation, and reporting requirements. Trustees have been unable to agree on an appropriate procedure to deal with actual or perceived conflicts of interest. of the Caulfield Racecourse Reserve, six to DEPI and four require joint action The Neerim Road entry point has further restrictions on access times. former Department of Sustainability and Environment's (DSE), principle-based guidance from the Australian Institute of Company Directors, Governing laws, government policies, Ministerial directions, guidelines and other obligations, Appointment and tenure—trustees and chair, give adequate consideration to all three purposes for which the reserve was established—as part of this process, private and professional interests should be acknowledged and appropriately controlled. By comparison, the Melbourne Cricket Ground Trust and the Melbourne and Olympic Parks Trust have enabling legislation that clearly articulates these critical aspects of governance for the respective trusts. acting with reasonable care and skill to the standard that 'an ordinary prudent man of business' would exercise. At an extraordinary meeting of trustees in October 2006, the trust gave in principle approval for MRC to apply to the then Department of Sustainability and Environment (DSE) to commence discussions on the exchange of Crown land. However, there is a lack of clarity around the extent, frequency and location of maintenance work to be undertaken under the deed. Sorry, your browser does not appear to support IFRAME's. Trustees of the Caulfield Racecourse Reserve, Appendix B. As a result, there is no foundation for the development of sound governance arrangements. This is not the case for trustees appointed to manage the reserve. by the trustees and the department. Consequently, conflicts of interest have not been adequately managed and preference has been afforded to racing interests with insufficient attention given to use of the reserve for recreational pursuits and as a public park. the remaining 6 hectares—approximately 11 per cent—is open space for the potential use by the community during prescribed hours. DEPI should, in line with its stated oversight and support role, have worked with the trustees to facilitate resolving this issue. The trust's 2009 policy on Declaration of Pecuniary Interests is inadequate and does not address the conflict of interest issues that have adversely affected its decision‑making ability. The key elements of the legal framework for the Caulfield Racecourse Reserve (the reserve) can be found in a 1949 Crown grant and the Crown Land (Reserves) Act 1978. However, community views on the management of the reserve are only indirectly represented through the council trust representatives. There is, however, a lack of transparency about whether the work as agreed has been undertaken. This is not sufficient to enable effective management of issues associated with the reserve. As discussed in Part 4, it is DEPI's overall responsibility to ensure there is an appropriate legislative, governance and reporting framework in place. Minister for Environment and Climate Change approved and signed the land exchange agreement. Specifically, there is an absence of strategic planning and management policies as well as a lack of performance reporting to DEPI and therefore to the minister. There is no definitive timetable set by DEPI to address the management of the reserve. Despite a reported $1.8 million upgrade to the centre of the reserve, public space within the reserve is not easy to reach and the recreational facilities are limited. DEPI's increased engagement with the trust After it was reserved, the Land Act 1869 enabled the management of the site to be delegated under a Crown grant.

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