Brisbane Cricket Ground Act of 1929 (20 Geo v No. 36) (Qld)

12806 PARKS AND PUBLIC LAND. BrisbaneCricketGroundAct. 20 GEO. V. No. 36, at the south corner of the subdivision, and bounded thence on the west by Bowen Bridge road bearing 359 degrees 52 minutes 15 seconds 20 1 'b links; on the north-west by lines bearing 73 degrees 73! links, 70 degrees 40 minutes 65 links, 67 degrees 20 minutes 64/0 links, 61 degrees 20 minutes 47 r60 links, 58 degrees 45 minutes 44/0 links, 48 degrees 30 minutes 671"0 links, 46 degrees 15 minutes 1 chain tl o links, 32 degrees 30 minutes 66ib- links, 25 degrees 15 minutes 68 j \ links, 23 degrees 1 chain 57lo links, 37 degrees 58 minutes 72fo links, 44 degrees 51ib- links and 49 degrees 721. ~ b- links; and on the north-east and the south-east by portion 345 bearing 170 degrees 23i'o links; 229 degrees 60 links, 224 degrees 50 links, 217 degrees 58 minutes 69r~ links, 203 degrees 1 chain 55 links, 205 degrees 15 minutes 70 links, 212 degrees 30 minutes 70 links, 226 degrees 15 minutes 1 chain 10 links, 228 degrees 30 minutes 70 links, 238 degrees 45 minutes 47 links, 241 degrees 20 minutes 49 links, 247 degrees 20 minutes 66 links, 250 degrees 40 minutes 66 links, and 253 degrees 80 links to the point of commencement. THIRD SCHEDULE. PLAN. 20 Oeo. V. An Act to EnahIe the Trustees of the Brisbane No. 36. THE Cricket Ground to further Mortgage the said BRISBANE CRICKET Ground, and for other incidental purposes. GRO' ~ ND ACT OF 1929. [ASSENTED TO 23RD DECEMBER, 1929.J f'reamble. "lXTHEREAS by Deed of Grant dated the twenty-first l' l' day of March, one thousand eight hundred and ninety-five, and numbered 82376, all that piece or parcel of land in the State of 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-tenthR of a perch. with all rights and appurtenances whatsoever thereto belonging, and known as the Brisbane Cricket Ground, was granted to Thomas Joseph Byrnes, George Down, and Ernest J ames Stevens, and their successors, as Trustees upon trust for the purposes of a reserve for cricket and other athletic sports, and for no other purposes whatsoever: And whereas the said Ernest J ames Stevens resigned the said office of Trustee on or about the seventh day of September, one thousand eight hundred ...

PARKS AND PUBLIC LAND. 12807 192~ ) . BrisbaneCricketGroundAct. ~ -- - - - - - - - - - - - - - - - - - - - - - and ninety-eight; and the said Thomas J oseph Byrnes died on the twenty-seventh day of September, one thousand eight hundred and ninety-eight: . And whereas pursuant to *"The Brisbar,e Cricket Ground Act of 1897" vacancies from time to time arising in the said office of Trustee have been filled by the appointment of other Trustees and the said land is now vested in the said George Down, the Honourable .J ames William Blair (Chief Justice of the State of Queensland), J oseph Allen, Frederic Charles Lea, and John Silvester Hutcheon, as Trustees: And whereas the Trustees pursuant to *" The Brisbane Cricket Ground Act of 1897" and t"The BrisbaneCricketGroundAct of 1906," with the approval of the Governor in Coupcil, were authorised to mortgage the said land to an amount not exceeding six thousand nine hundred pounds: And whereas the Trustees, in order to raise funds for effecting improvements or adding to improvements already effected on the said land, are desirous of obtaining the power to further mortgage the said land to the extent not exceeding twenty thousand pounds (in addition to the sum of six thousand nine hundred pounds hereinbefore referred to) : - And whereas it is desirable that the Trustees of the said land should have the said power. subject to the conditions hereinafter mentioned: Be it therefore enacted by the King'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. This Act may be cited as " The Brisbane Cricket Short title Ground Act of 1929," and shall be read as one with:~~ struction *"The BrisbaneCricketGroundAct of 1897" and t"The of Act. Bn'sbane Cricket Ground Act of 1906." Such two last- mentioned Acts are herein referred to as the Principal Acts. - - - ------------------------------------- * 61 Vie., supra, page 4093. t 6 Edw. VII. No. 33, supra, page 4094. cl

12808 PARKS AND PUBLIC LAND. BrisbaneCricketGroundAct. 20 GEO. V. No. 36, Itinotne.rpreta. the 2 fo . llIonwtihnigs Atcetr, musnlehsasvtehetchoentmexetaontihnegrswisreesipnedcitciavteelsy, assigned to them, that is to say:- Minister. "Minister"-The Secretary for Public Lands or other Minister of the Crown charged for the time being with the administration of this Act and the Principal Acts; Prescribed. " Prescribed "-Prescribed by regulations under this Act; Trustees. " Trustees "-The Honourable J ames William Blair Esquire, Joseph AlIen, George Down, Frederic Charles Lea, and John Silvester Hutcheon, and their successors. The term where necessary includes their predecessors. Power to mortgage. 3. In order to raise funds for e • ffecting improve ments or adding to improvements already effected on the said Brisbane Cricket Ground, the Trustees, with the approval of the Governor in Council, and subject as is hereinafter provided, may from time to time make application to the Minister for liberty to raise such funds by means of a mortgage of such Brisbane Cricket Ground. aMwmhaioxcuihmn m tum ay Trust 4 e . esThmeaym, awxiitmhutmhe aampopuronvtalofof ftuhnedsGowvheircnhor thine be raised. Council, secure by mortgage under this Act shall not at anyone time exceed the sum of twenty thousand pounds: Provided that the said sum of twenty thousand pounds shall be in addition to the amount of six thousand nine hundred pounds which the Trustees were authorised to raise under the Principal Acts, and being subject to the provisions, conditions, and stipulations contained in the Principal Acts. Procedure 5. (1.) Any application as aforesaid to the Minister ~ ; ; ~ ~~f~n~f:; hall be in writing, signed by the Trustees or otherwise :tuthenticated as prescribed, and shall state- (a) The amount of money proposed to be raised by means of a mortgage; (b) The purpose for which it is necessary to raise such money;

PARKS AND PUBLIC LAND. 1929. Bri.,bane Cricket GrOttnd Act. - - - - - - - - - - ~-- --- --- -- - -- - -- - - (C) Whether any and what mortgage, encum- brance, or charge already exists on or over the land, and particulars thereof; (d) If it is not proposed to mortgage the whole of the land, the portion thereof proposed to be mortgaged; (e) The terms, conditions, and duration of the proposed mortgage; (j) By what means it is proposed to liquidate the proposed mortgage and interest from time to time accruing due thereon, and what further security (if any) in addition to the land and improvements can be given; (g) Such other particulars as may be prescribed. (2.) Upon receipt ofthe said application the Minister may cause such inquiries to be made with respect to the matter as he thinks proper. (3.) If the Minister is satisfied that the application should be granted without any modification, or with such modifications as he deems to be in the best interests of the trust, he shall submit the matter to the Governor in Council for approval. (4.) Thereupon the Governor in Council may, by Order in Council, grant liberty to the Trustees to mortgage the public land or any specified part thereof upon such terms, conditions, and stipulations as he thinks proper; and the Trustees shall be at liberty to effect such mort- gage accordingly in pursuance of such Order in Council, notwithstanding any restriction contained or ,implied in the deed of grant or *"The Land Acts, 1910 to 1927," or any Act amending the same; and a mortgage so made shall be valid and effectual for all purposes: Provided that, and subject as hereinbefore provided, where any mortgage under the Principal Acts is in existence and which mortgage makes provision for the securing of further advances, the Governor in Council may, by Order in Council, permit of the trustees borrowing such further sum or sums as is approved under this Act on the security of such existing mortgage. * 1 Geo. V. No. 15 and amending Acts, supra, page 8775, and sessional volumes. 12809

12810 PARKS AND PUBI.JIC LAND. Brisbane Cricket Ground Act. 20 GEO. V. No. 36, 1929. Procedure on default. 6. If default shall be made either in the payments of the moneys secured or in any of the covenants expressed in any memorandum or instrument of mortgage, whether under this Act or under the Principal Acts, the mortgagee of the whole or part, as the case may be, of such Brisbane Cricket Ground shall give to the Minister thirty days' notice in writing before he shall is'sue any process or exercise any remedy against the mortgagor in pursuance of such memorandum or instrument of mortgage. Exoneration 7. The mortgagees under this Act shall not be mofortgagees. bound to see to the application and shall not be liable for the misapplication or non-application of any mortgage money paid by them under the mortgage concerned. Regulations. 8. The Governor in Council may from time to time make all such regulations as he deems necessary or expedient for giving full effect to this Act. All such regulations, upon publication in the Gazette, shall be judicially noticed and shall have the same effect as if they were enacted in this Act. All such regulations shall be laid before Parliament within fourteen days after the publication thereof as aforesaid, if Parliament is then sitting, or if not, then within fourteen days after the commencement of the next session thereof.