Bishop Tyrrell Trust (Amendment) Act 1939 (NSW)

An Act to provide that the title of certain leases of land in the Western Division of which the beneficial interest is held by The Trustees of Church Property for the Diocese of New- castle shall be a lease in perpetuity; to impose

BISHOP TYRRELL TRUST

(AMENDMENT) ACT.

Act No. 27, 1939.

impose certain restrictions on dealings with such leases; for these and other purposes to amend the Western Lands Act of 1901 and certain other Acts in certain respects; and for purposes connected therewith. Assented to, 7th November, 1939.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1. (1) This Act may be cited as the "Bishop Tyrrell Trust (Amendment) Act, 1939."
(2) This Act shall be read and construed with the Western Lands Act of 1901, as amended by subsequent Acts.
2 . (1) The leases, particulars whereof are set out in the Schedule to this Act are, notwithstanding anything contained in the Western Lands Act of 1901, as amended by subsequent Acts, hereby extended to leases in per­ petuity.
(2) Each lease so extended shall, except as expressly provided in this Act, be subject to the general provisions of the Western Lands Act of 1901, as amended by subsequent Acts, in all respects as if the same had been extended to a lease in perpetuity under that Act and to the conditions attaching to the lease and in force immediately before the commencement of this Act.
(3) Each lease so extended shall be subject to a special condition that it shall not be transferred or other­ wise dealt with by The Trustees of Church Property for the Diocese of Newcastle except by way of mortgage.
(4) Each lease so extended shall, in addition to the conditions attaching to the lease and in force immedi­ ately before the commencement of this Act, and to the special condition referred to in subsection three of this section, be subject to such terms and conditions of improvement and maintenance thereof, including water supply and the destruction of rabbits, wild dogs and other noxious animals as the Minister, after report by

the

the local land board, may consider necessary to reason­ ably increase or to preserve the carrying capacity of the land, and may impose.

(5) The instruments of lease of the leases so ex­ tended shall be lodged at the office of the Commissioner in order that a notification of such extension and a note of the special condition referred to in subsection three of this section and of any terms or conditions imposed pur­ suant to subsection four of this section may be endorsed thereon.

(6) Without prejudice to the generality of sub­ section two of this section, the provisions of subsection eleven of section 18E of the Western Lands Act of 1901, as amended by subsequent Acts, shall extend to and in respect of the leases so extended in all respects as if they had been extended upon application made under that section, as from the commencement of this Act.

3 . (1) The Trustees of Church Property for the Diocese of Newcastle shall continue to hold the beneficial interest in the leases extended to leases in perpetuity by subsection one of section two of this Act, upon the trusts of the will of the late Right Reverend William Tyrrell, Lord Bishop of Newcastle, as varied by the Bishop Tyrrell Trust Act, the Bishop Tyrrell Trust Act Amend­ ment Act, 1918, the Bishop Tyrrell Trust Act Amendment Act, 1923, and the Bishop Tyrrell Trust Act Amendment Act, 1927.

(2) If the beneficial interest in any one or more of
such leases ceases to be so held the Minister may, upon

the recommendation of the Commissioner, at any time

withdraw land from the area held under such lease or
leases as the case may be, but the land which may be so
withdrawn shall not exceed one-eighth of the area of the
lease or leases as the case may be.

The provisions of section seventeen (except subsections one and five thereof) of the Western Lands Act of 1901, as amended by subsequent Acts, shall, mutatis mutandis, apply to and in respect of any such withdrawal.

SCHEDULE.

Western Lands Lease No.	I	, L	.	County.	J
(acres).

151	10,240	Narran.
576	32,837	Narran and Culgoa.