Brisbane Cricket Ground Act of 1906 (6 Edw VII No. 33) (Qld)

-9158 PARKS AND PUBLIC LAND. -_..----- - - - - - - - - - - - - + - . _ - - - - - Bri.bane Oriolcet Ground Aot. 6 EDw. VII. No. 33, £ d. £ B. d. Brought forward 37,900 0 0 Ward No. 2- Drainage 6,550 0 Water-channelling 7,250 0 Road formation and public baths 3,700 0 17,500 0 0 Ward No. 3- Drainage 4,700 0 Water-channelling ... ... 6,500 0 0 Road formation and public baths 1,700 0 0 12,900 0 0 Ward No. 4- Drainage ....... 1,440 0 0 Water-channelling 850 0 0 Road formation ... 4,410 0 0 Road formation-StanIey and ~ 1el- bourne streets ... 10,000 0 0 Wharfage purposes 5,000 0 0 21,700 0 0 Wharfage purposes 50,000 0 0 Parks purchase; improvements to parks, including construction of retaining walls at Mowbray Park, West End Reserve, School of Arts and Technical Oolleges 10,000 0 0 Total £150,000 0 0 PARKS AND PUBLIC LANDS. 6 Edw. VII. An Act to Enable the Trustees of the Brisbane No. 33. THE Cricket Ground to Lease a certain POl tion of BRISBANE CRICKET the said Ground, and to Mortgage the said GROUND ACT OF 1906 Ground, and for other incidental purposes. [ASSENTED 'l'0 14TH DECEMBER, 1906.J Preamble. W HEREAS by Deed of Grant dated the twenty-first day of March, one thousand eight hundred and ninety-five, and numbered 82376, all that piece or parcel of land, in the State ~ f Queensland, situated in the county of Stanley and parish of South Brisbane, being allotment number one of section number fifty-four, and containing twelve acres and four perches and two-tenths of a perch, with all rights and appurtenances whatsoever thereto belonging; and known as the Brisbane Cricket Ground, was granted to Thomas J oseph Hyrnes, George Down, and Ernest J ames Stevens, and their successors, as 'frustees upon trust for the purposes of a Reserve for Cricket and other Athletic Sports, and for no other purposes whatsoever:

PARKS AND PUBLIC LANDS. 9159 1906. Brisbane Oricket Ground Act. And whereas the said Ernest James Stevens resigned the said office of Trustee on or about the seventh day of September, one thousand eight hundred and ninety-eight: And the said Thomas J oseph ;Byrnes died on or about the twenty-seventh day of Sept~mber, one thousand eight hundred and ninety-eight: ' And whereas, pursuant to "The Brisbane Orioket Gr'ound Aot of 1897,"* vacanpies from time to time arising in the said office of Trustee have been filled bv the appointment of other Trustees, and the said la"nd is now vested in the said George Down, the Honourable Justin Fox Greenlaw Foxtqn, Companion of the Most Distinguished Order of St. ~ ichael and St. George, the Honourable George Wilkie Gray, a member of the Legisla- tive Council, Thomas Dibley, a member of the Legislative Assembly, and Frederic Chades Lea a'3 Trustees: And whereas, pursuant t( ~ the said Act, the Trustees of the said land mortgaged the same to the amount of four thousand pounds, and ~ he said amount is now due and owing: i And whereas the said Trhstees have, for the purposes of the said Trust, incurred other liabilities to certain creditors amounting in the p,ggregate to two thousand nine hundred pounds, and t~ e said amount is now due and owing: And whereas the said Trustees, for the purpose of discharging the said mortg~ ge and other liabilities and otherwise efficiently adminis[ering the said Trust, are desirous of obtaining the power to lease a portion of the said land, which may so 1;>e leased without any dis- advantage 01' detriment to th~ objects of the said Trust, and of mortgaging the said lahd : And whereas it is desirable that the 'frustees of the said land should have the ~ aid powers, subject to the conditions hereinafter mentiOliled : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legi~ lative Assembly of Queens- land in Parliament assembledJ and by the authority of the same, as follows : - 1. This Act may be citedl as "The Brisbane Orioket Short title Ground Aot of 1900," and I shall be read as one with ~ ~ ~ 8truction " The B1'isbane Oriokft Ground Aot of 1897."* of Act. * 61 Vie., 8Ul'rrz, page 6492. I

9160 PARKS AND PUBLIC LANDS. Brisbane OJ'icket Ground Act. 6 Enw. VII. No. 13, Trustees may 2. (1.) The 'rrustees, with the approval of the olefalsaenpdo. rtion Governor in Council, may grant leases of any portion or [Schedule.] portions of the land described in the Schedule to this Act, and shown as Subdivision A upon the plan annexed to the said Schedule, and being part of the Brisbane Cricket Ground, or of any rights or privileges over or affecting the said land or any portion thereof, for any purpose whatsoever: Provided that in granting any such lease the following conditions shall be observed :- Con3.itions of leases. (a) :Every such lease shall be by deed, and the lessees shall execute a counterpart thereof; (b) Every such lease shall be made to take effect in possession at or within one year from the making thereof, and shall be for a term not exceeding fifty years; (c) On every such lease shall be reserved the best rent that can be obtained, to be made payable half-yearly or of'tener; (d) 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; (e) Every such lease shall contain a covenant that the land so leased shall not be used for the purposes of an hotel; ([) 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. Leases may be (2.) Any such lease may be surrendered either for surrendered. the purpose of obtaining a renewal of the same or not, and the power to grant leases conferred by this Act shall extend to authorise the granting of new leases of any portion of the hereditaments comprised in any surrendered lease. Horse or pony 3. The Trustees shall not have power to lease or use ; ' ~ ~ itited. the said Brisbane Cricket Ground for the purposes of horse or pony racing; and any lease to be hereafter granted by

PARKS AND PUBLIC LANDS. 9161: 1906. Brisbane Oricket Ground Act. the Trustees shall contain a prohibition of horse or pony racing on the leased land. 4. The Trustees, with the approval of the Governor Power to in Oouncil, may mortgage the whole or any part of the mortgage. Brisbane Cricket Ground to an amount not exceeding six thousand nine hundred pounds. 5. The Trustees shall apply the moneys raised by Application any mortgage and all rents and profits received under : o:~ :~g:nd any lease under this Act in or towards discharging moneys. the amount of all existing liabilities incurred by the Trustees, and towards the effectual execution of the said Trust and the making of further improvements in and upon the said ground, and not otherwise. 6. The lessees and mortgagees under this Act shall Exoneration not be bound to see to the application, and shall not be ~o~~~ ~:: :.d: liable for the mis-application or non-application. of any " rent, mortgage money, or any other moneys paid by them under such leases or mortgages as aforesaid. 7. If within six months after the passing of this Act Land may the Oouncil of the City of South Brisbane shall assume or : 1~ : ~ ~~ ~;~ pay and discharge an the liabilities and take over all contracts of the said Trustees so that the Trustees shall be effectually released from all obligations in respect thereof, the piece or parcel of land set forth in the Preamble of' this Act shall thereupon forthwith become vested in the said Oouncil upon the same trusts as those set forth in the Deed of Grant thereof and in the Preamble of " The Brisbane Cricket Gr ownd Act of 1897."* 8. No vesting of the said land in the said Council Rights of life shall be deemed to limit or abrogate any rights now members. possessed by the life members of the" Brisbane Cricket Ground " as such. THE SCHEDULE. Description of Subdivision A and Plan of the Brisbane Oricket Ground. Parish o~ South Brisbane, county of Stan1ey. Containing 1 acre 3 roods 12T~ perches. Commencing at the intersection of Main street and Stanley street East, and bounded thence on the south-west by Main street bearing 349 degreeS 6 minutes four chains and forty- on~ alld eight-tenths links; on the north by a quarry reserve bearing 89 degrees 58 minutes four chains and twenty links; on the north-east by a line in prolongation of the north- east boundary of the aforementioned quarry reserve bearing 168 degrees I if< 61 Vie., supra, page 6492.

19'1.62 PARKS AND PUBLIC LANDS-RAILWAYS. Dalby to Gattle Creek Railwa.y District .Act. 6 EDw. "VII. No. 28, 47 minutes four chains and forty-three links; and on the south by Stanley street East bearing 270 degrees 4 minutes four chains and twenty-two and sixth-tenths links to the point of commencement. ~ \ YULTUR£ /1 10 0 5110 STRNL£Y 270'-4' S7 Reserve for IJriUSh Reserve I~ L r-- I I .c: . C ... l ~ . c .. : . -.j -.j "-I ~ S' RAILWAYS. Dalby to Cattle Greek Railway DiBtriot .Aot of 1906 6 Edw. VIL No. 28 Etheridge Railway .Act of 1906 ... 6"" 2 6 Edw. VII. An Act to Apply the Principles of Betterment to N; ~ ! 8. the Railway from Dalby to the Township c! ~t: bi~~ K of Bell, a Distance of 23 Miles 70 Chains, DI!~ ~ ~ : AloT OF 1906. and known as' the Dalby to Oattle Creek Ra" 1 lway. [ASSENTED TO 14TH DECEMBER, 1906.J B E it enacted by the King's M ost Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. 'l'his Act maybe cited as "1.!he ])alby to Cattle Creek Railway JJ.istriat Aat of 1~ 06. " Application 2. All the provisions of "'The Railways Aat of 1906 ,,* ~ '.';:;'ke .4 t shall apply to the State line of railway heretofore con- o/ l90~ : ' ~ c structed from Dalby to the TOWllShip of Bell by the route * 6 Edw. VII. No. 15,4tpra, pl!>ge 9lO9.