Brisbane City Council (Lands Purchase) Act of 1962 (Qld)

153 <0uetnslttnb ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE • a I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I • I I I I I I I I I I I No. 22 of 1962 An Act to Enable Brisbane City Council to Purchase for an Estate in Fee-simple certain Lands nuw Held by It in T~t or under Its Control as Trustee [ASSENTED TO 10TH DECEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as "Brisbane City Council (Lands Purchase) Act of 1962." 2. Termination of existing trusts. As from the passing and by virtue of this Act- (a) the freehold lands under "The Real Property Acts, 1861 to 1960," described in Part I of the Schedule to this Act and numbered respectively lots I, 2, 3 and 4, shall be absolutely freed and

154 Brisbane City Council (Lands Purchase) Act of 1962, No. 22 discharged from the trusts upon and subject to which such lands were heretofore vested in and held by Brisbane City Council, and be divested from the said Council, and become and be Crown lands; and (b) the lands described in Part II of the Schedule to this Act and numbered lot 5 shall be absolutely freed and discharged from the trusts upon and subject to which such lands were heretofore reserved and set aside and placed under the control of Brisbane City Council and be freed from the control of the said Council and become and be Crown lands. 3. Authority to sell and purchase. ( 1) The Governor in Council may, in the name of Her Majesty, sell to Brisbane City Council, and the said Council may purchase, for an estate in fee-simple the lands described in Parts I and II of the Schedule to this Act completely freed and discharged from the trusts upon and subject to which those lands were vested in and held by or, as the case may be, reserved and set apart and placed under the control of the said Council before the commencement of this Act but, save those trusts, subject to any and every mortgage, charge, encumbrance, lien, lease, easement, agreement, license or other transaction affecting those lands or any lot or part of a lot thereof. (2) The purchasing prices of the several lots of the lands the sale and purchase whereof is authorised by subsection (1) of this section, shall be the amounts set out opposite and relative to such lots respectively in column II of the Schedule to this Act. The aggregate of such purchasing prices, being the sum of £235,155, shall be payable by the Council in ten equal annual instalments. (3) Such instalments shall be payable respectively on the first day of July, one thousand nine hundred and sixty-three, and on each succeeding first day of July thereafter until payment thereof has been completed. Any part payment of such an instalment may be appropriated as the Minister for Public Lands and Irrigation (in this Act called "the Minister") directs. (4) The Minister may, in his discretion, extend the time for payment of the whole or the part attributable to any lot of any of the aforesaid instalments but so that the time within which the Council is required by this section to complete the purchase of all of the lots by paying in full the aggregate of the purchasing prices therefor shall not be extended beyond the first day of July, one thousand nine hundred and seventy-three. (5) Except with the prior permission in writing of the Minister Brisbane City Council shall not sell or agree to sell any of the lots of land described in the Schedule to this Act or any part of any such lot before it has paid in full the purchasing price of the lot in question.

Brisbane City Council (Lands Purchase) Act of 1962, No. 22 (6) If Brisbane City Council fails to pay in full so much of any annual instalment payable by it under this Act as is attributable to any lot on or before the due date for payment thereof or within such extended time later than such due date as the Minister may have permitted, the Governor in Council may cancel the deed of grant issued under this Act for the lot in question and thereupon and thereby all right, title or interest of the Council in the land comprised in such deed shall be forfeited to the Crown. (7) Brisbane City Council may at any time complete the purchase of all or any of the lots by paying the whole, or as the case may be, the part attributable to the lot or lots in question of the amount then remaining to be paid of the aggregate of the purchasing prices. 15S 4. Fresh deeds of grant. (1) Subject to Brisbane City Council paying the first annual instalment of the aggregate of the purchasing prices of the lands described in the Schedule to this Act, the appropriate deed and assurance fees, and any required survey fees, the Governor in Council shall issue five deeds of grant comprising respectively the five lots of such lands described in the Schedule to this Act. (2) Each such grant shall be made subject to such reservations and conditions as are authorised or prescribed by "The Land Acts, 1910 to 1962," or any other Act. (3) Upon the enrolment of those deeds of grant under the provisions and for the purposes of "The Real Property Acts, 1861 to 1960," the Registrar of Titles shall cancel the three deeds of grant and the certificate of title mentioned in the Schedule to this Act. (4) The Registrar of Titles shall endorse upon the appropriate deed of grant issued pursuant to this Act Easements Nos. 33S268 and 335269, Lease No. B374039 and Transfers Nos. B777625 and B859033 of that Lease and, in respect of the land described in Part II of the Schedule to this Act, the lease under subsection (2) of section one hundred and eighty-five of "The Land Acts, 1910 to 1962," granted by Brisbane City Council for a term of twenty-one years from the first day of January, one thousand nine hundred and forty-six. Upon the forwarding to the Registrar of Titles of the deed of grant of the land described in Part II of the Schedule to this Act there shall also be forwarded to him the copy deposited in the office in Brisbane of the Department of Public Lands of the aforementioned lease granted by Brisbane City Council. 5. Repeal of 58 Vic. No. 22 and 60 Vic. No. 7. "The Musgrave Wharf Extension Act of 1894", and "The Musgrave Wharf Extension Act Amendment Act of 1896", are repealed.

156 Brisbane City Council (Lands Purchase) Act of 1962, No. 22 SCHEDULE PART I Description of Land Purchasin1 Price Lot 1 Deed of Grant No. 76353, Vol. 799, Fol. 113.-Section 34A, County of Stanley, Parish of North Brisbane, City of Brisbane; containing 3 roods 20 perches more or less Lot 2 Deed of Grant No. 138576, Vol. 3113, Fol. 86.-Allotmcnt 8 of section S, allotment 1 of section SA. and allotment 4 of section 6, County of Stanley, Parish of South Brisbane, City of Brisbane; containin1 1 acre 3 roods 24·1 perches more or less Lot 3 Certificate of Title No. 600371, Vol. 2936, Fol. 111.-Allotmcnt 7 of section 3, CoWlty of Stanley, Parish of South Brisbane, City of Brisbane; containin11 acre 1 rood 16 perches more or less Lot 4 Deed of Grant No. 98104, Vol. 1144, Fol. 114.-Allotments 9 and 10 of section 9, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 2 roods more or less £ 71,670 47,560 74,085 15,760 PART II Lots Allotments 1, 2 and 20 of section 7, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 2 roods 28 perches more or less 26,080 £235,155