Acclimatisation Society Act of 1907 (7 Edw VII No. 6) (Qld)

II. PRIVATE ACT OF THE PARLIAMENT OF QUEI~NSLAND, 7° EDWARDI VII. PARKS AND PUBLIC LANDS. An Act to Enable the Trustees of the Acclimati- 7Edw. VIi. sation Society of Queensland to Sell or Lease ~ ~ : . certain Lands granted to them for the use of ; ~ ~ LS~ ~ ; ~ ~ ~ ­ the' said Society, and for carrying out the AOTOF 1907. operations thereof. [ASSENTED TO 19TH NOVEMBER, 1907.] W HEREAS in pursuance of "The Acclimatisation Preamble. Society and National Agricultural and Industrial Association Act of 1890"* and "'l'he Acclimatisation Society and National Ag1'icultu,ral and Industrial Associa- tion Act of 1890 Amendment Act of 1891 "t a Deed of Grant was duly issued, dated the seventeenth day of June, one thousand eight hundred and ninety-two, and numbered 78091, whereby the Acclimatisation Lands described in the Schedule to this Act, with all the rights and appur- tenances whatsoever thereto belonging, but not including any part of the soil of the road or terrace therein men- tioned, were granted to Alexander Raff, Lewis Adolphus Bernays, James Grayhame Vidgen, and JosephBancroft as Trustees, and their successors in office, upon trust for the appropriation thereof to the use and for th& grounds of the Acclimatisation Society of Queensland 'and for no other purposes whatsoever, yielding and paying therefor yearly unto Her Majesty, her -heirs and successors, the . quit-rent or sum of one farthing for ever, if demanded, subject, however, to such reservations and conditions as therein mentioned: ..'.\.nd whereas the said. J oseph Bancroft died on or about the sixteenth day of June, one thousand eight hundred and ninety-four: And whereas the said Lewis Adolphus Bernays vacated the office of trustee aforesaid on or about the tenth day of March, one thousand eight hl,ndred and ninety-six: 54 Vie. .No. 13, s/Jpra, page 4138. t 55 Vie. No. 16, supra, page 4496.

9202 PARKS AND PUBLIC LANDS. .Acclimatisation Society .Act. 7 EDW. VII. No. 6, And whereas the said lands are now vested in the said Alexander Raff, James Grayhame Vidgen, and Leslie Gordon Corrie as such Trustees aforesaid: And whereas in pursuance of" The Acclimatisation Society Act of 1894"* the Trustees of the said lands mortgaged the same, and such mortgage was wholly discharged on or about the twenty-sixth day of May, one thousand nine hundred: And whereas the said lands have been and are used for the grounds of the said Society: And whereas the said Society is desirous of extending the scope of its useful operations and scientific experi- ments, and the said grounds are not now entirely suitable for such operations and experiments: And whereas the said 'Society are desirous of securing a permanent income for the purposes aforesaid, and such income may be s~ cured by the sale of the said lands and the investment of the trust fund arising from the proceeds of such sale, or by the leasing of the said lands at satis- factory rentals : And whereas it is expedient that the said Trustees should be empowered to deal with the said lands by sale or lease as aforesaid, and should be empowered and required to invest the proceeds of such sale and apply the income therefrom arising or to apply the income arising from every such lease to the same trusts: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queens- land in Parliament assembled, and by the authority of the same, as follows : - Short title. , 1. This Act may be cited as "The Acclimatisation Society Act of 1907." Interpreta- tion. 2. The term" Trustees" in this Act shall mean and include the said Alexandel' Raff, James Grayhame Vidgen, and Leslie Gordon Corrie, and their successors in office, in whom the said lands, or the trust fund arising from the sale thereof, shall for the time being be vested. New Trustees. 3. If at any time any vacancy by death, retirement, or otherwise occurs in the office of any Trustee under this Act, such vacancy may be filled by the appointment by the Governor in Council of a person to be a Trustee, and the person so appointed shall have all the powers and duties of a Trustee under this Act. <I' 58 Vie., supra, page 5141.

PARKS AND PUBLIC LANDS. 9203 1907. Acclimatisation Society Act. Every such appointment shall be notified in the Gazette. 4. It shall be lawful for the 'frustees at any time Trustees may after the passing of this Act to sell or lease the said land sell or lease. or any part thereof to the Local Authority of the Area in which the same is situate, or to the said National Agri- cultural and Industrial Association. rfhe Trustees shall have full power, immediately after the receipt of the purchase money, to convey the same, or any part thereof, to the purchaser to be held by the purchaser, being the Local Authority, as a reserve for public park purposes, or, being the National Agricultural and Industrial Associa- tion, for the purposes of the !'aid Association, subject always to a right in favour of the public to admission free of charge to that part now used as a park on all days other than the days upon which the annual show of the said Association is being held. 5. In any lease the following conditions shall be Conditions of observed ;_ leases. (1) Every lease shall be by deed, and the lessees shall execute a counterpart thereof'; (2)· Every such lease shall be made to take effect in possession at 01' within one year from the making thereof, and shall be for a term not exceeding ninety-nine years; (3) On every such lease shall be reserved the best rent that can be obtained, to be made payable half-yearly or oftener ; (4) Every such lease may contain covenants on the part of the lessees as to the use to be made by them of the land thereby demised, or as to the erection and maintenance and insurance of buildings and fences, and such other special covenants and conditions as the parties thereto may agree upon; (5) Every such lease shall contain a condition for re-entry on non-payment of the rent thereby reserved for a period of twenty-eight days after it becomes due, or in case of the breach, non-performance, or non-observance of any covenant on the part of the lessees to be observed or performed. 6. Any lease granted under this Act may be Lease may be surrendered either for the purpose of obtaining a renewal surrendered. of the same or not.

9204 PARKS AND PUBLIC LANDS. .Acclimatisation 8ociety.Act. 7 Enw. VII. No. 6,1907. Proceeds of sales and rents to be applied for purposes of Society. 7. The proceeds of any sale shall be invested by the Trustees and may be so invested in any of the securities in 'W hich trustees are by law authorised to invest trmt moneys, and all income therefrom arising and also all rents received under any lease under this Act shall be applied by the persons authorised to receive the same for the objects and purposes of the Acclimatisation Society of Queensland, and for the purpose of carrying on the operations thereof, and for no other purposes whatsoever : Provided that every investment of money under this section shall be subject to the approval of the Governor in Council. rrhe Trustees shall cause the accounts of the said Society to be audited at least once in every year by some auditor approved by the Auditor-General, and after each audit a copy of the certificate of such auditor, with such report by him upon the investments of the Trustees and the application of the income of the Society as he thinks proper, shall be forwarded to the Auditor-General. Purchasers 8. The purchasers and lessees under this Act shall annodt b l o ~ s u s n e d es to not be bound to see to the application, and shall not be see to liable for the mis-application or non-application of any oapfprleincatstioonr purchase money or rent or any other moneys paid by them pureha.e under such sale or leases as aforesaid. money. Repeal. 9. "The Bowen Park Lease Aot "* and "The d.cclimatisation Society Act of 1894 "t are repealed. THE SCHEDULE. The .Acclimatisation Lands. Description of the Land contained in Deed of Grant number 78091, containing seventeen acres twenty-eight perches. County of Stanley, parish of North Brisbane. Commencing at the intersection of the south side of O'Connell terrace by the east side of the Bowen Bridge road, and bounded thence on the north by O'Connell terrace bearing eighty-nine degrees thirty-six: minutes seventeen chains and eleven links; on the south-east by lines bearing two hundred and three degrees nineteen minutes two chains and seven links, two hundred and fourteen degrees twenty-nine minutes four chains, two hundred and twenty-four degrees fifty-two minutes two chains and thirty-eight links, two hundred and nineteen degrees forty minutes five chains and eighty links, two hundred and thirty-three degrees fifty-two minutes two cnains, two hundred and forty-one degrees six chains and thirty-two links, and two hundred and seventy-three degrees fifty-six minutes one chain and forty-seven links; and on the west by the Bowen Bridge road bearing three hundred and fifty-nine degrees fifty-one minutes fifteen chains and thirty-seven and a-half links to the point of commencement. * 41 Vie., supra, page 2928. t 58 Vie., supra, page 5141.