Brisbane Exhibition Grounds Trust Act of 1965 (Qld)

248 (Qitrrttslxttl ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1965 An Act to Establish a Trust in respect of the Brisbane Exhibition Grounds [ASSENTED TO 29TH Apxu., 1965) 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. (1) Short title. This Act may be cited as "The Brisbane Exhibition Grounds Trust Act of 1965." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Meaning of terms . In this Act, unless the context otherwise indicates or requires. the following terms shall have the meanings respectively assigned to them. that is to say:- "Association "-The Royal National Agricultural and Industrial Association of Queensland, a society registered under the provisions of " The Friendly Societies Acts. 1913 to 1963 ": Minister "-The Minister for Lands or other Minister of the Crown for the time being charged with the administration of this Act:

Brisbane Exhibition Grounds Trust Act of 1965, No. 24 249 The Trust "-The body corporate constituted by the trustees appointed under this Act and in office as such for the time being: The term where necessary includes the trustees by whom the Trust is comprised for the time being. 3. (1) Establishment of Trust . There shall be established a body to be called " The Royal National Agricultural and Industrial Association of Queensland Exhibition Ground Trust " (herein referred to as " the Trust "). (2) Subject to subsection (3) of this section, the Trust shall consist of two trustees each of whom shall, subject to subsection (3) of this section be appointed by the Governor in Council by notification published in the Gazette. The Trust may be established by the appointment of the trustees at any time after the passing of this Act, and the relative provisions of this Act shall apply to such establishment, notwithstanding that this Act has not then come into operation. (3) If thereunto requested by the Association, the Governor in Council shall, by notification published in the Ga. eite, appoint a third member of the Association nominated by the Association to be a member of the Trust and thereupon and thereafter the Trust shall consist of three trustees. (4) The trustees appointed to establish the Trust shall be the two members of the Association who at the passing of this Act are the trustees of the property of the Association. (5) The Association may make from time to time fresh nominations of members of the Association to be trustees and, in every such case, the fresh nominee shall be appointed a trustee by the Governor in Council. The trustee, if any, holding the office to which a fresh nomination relates shall be deemed to vacate such office on, including and from the date of the appointment of the fresh nominee to be a trustee. 4. Vacation of office . The office of a trustee shall become vacant if he- (a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force relating to bankruptcy; (c) resigns his office by writing under his hand; (d) becomes permanently incapable of performing his duties; (e) is convicted of a criminal offence for which he is liable to be punished by imprisonment for twelve months or more; (f) ceases to be a member of the Association; (g) except on leave granted by the Trust (power to grant such leave being hereby authorized), absents himself from three consecutive ordinary meetings of the Trust; or (h) becomes incapable as prescribed by section five of this Act of continuing to be a trustee. 5. Disqualifications from membership of Trust . (1) A person who, other than as an exhibitor or-judge, is concerned or participates, directly or indirectly, in any contract with the Trust or the Association shall not be capable of being or continuing to be a trustee

250 Brisbane Exhibition Grounds Trust Act of 1965, No. 24 (2) This section does not apply with respect to a contract entered into by a body corporate where such body corporate comprises more than twenty members and the contract is for the general benefit thereof. (3) Any person who acts or attempts to act as a trustee at any time when he is incapable as prescribed by this section shall be guilty of an offence and liable to a penalty of not more than one hundred pounds and, if he continues that offence after he is convicted therefor, to a daily penalty not exceeding twenty pounds for each and every day during which he so continues. (4) An offence against this section may be prosecuted in a summary way under " The Justices Acts, 1886 to 1964." 6. (1) Trust to be a body corporate . The Trust shall be a body corporate under the name and style of " The Royal National Agricultural and Industrial Association of Queensland Exhibition Ground Trust", and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued in its corporate name and, subject to this Act, of taking, holding, conveying, and otherwise dealing with property real or personal, movable or immovable. (2) Seal of Trust . All courts, judges , justices and persons acting -judicially shall take judicial notice of the seal of the Trust affixed to any document and shall presume that it was duly affixed. 7. Termination of existing trusts. On and from the date of the coming into operation and by virtue of this Act- (a) the freehold lands under " The Real Property Acts, 1861 to 1963." described in Part I of Schedule I to this Act shall be absolutely freed and discharged from the trusts upon and subject to which such lands were theretofore vested in and held by persons who immediately prior to the date of the coming into operation of this Act were trustees of the property of the Association, and be divested from those trustees; (b) the lands described in Part II of Schedule I to this Act shall be absolutely freed and discharged from the trusts upon and subject to which such lands were theretofore reserved and set apart and placed under the control of the Association as trustee and shall cease to be under such control. (c) the lands described in Part III of Schedule I to this Act shall be absolutely freed and discharged from the trusts upon and subject to which, pursuant to " The Brisbane Exhibition Lands Leases Act of 1920," such lands were theretofore leased in perpetuity to the persons who, immediately prior to the date of the coming into operation of this Act, were the representatives and trustees of the Association, and such lease in perpetuity shall be determined, and the lands described in Parts I, 11 and III of Schedule Ito this Act shall become and be Crown lands and, together with the Crown lands described in Part IV of Schedule Ito this Act, shall be dealt with as prescribed. 8. Vesting in the Trust . On and from the date of the coming into operation and by virtue of this Act the lands described in Parts I, II, 111 and IV of Schedule I to this Act shall vest in the Trust for an estate in fee-simple upon the trusts set out in section eleven of this Act but subject to. and without prejudice to, any mortgage. charge. encumbrance, lien,

Brisbane Exhibition Grounds Trust Act of 1965, No. 24 251 lease , easement, agreement, license or other transaction affecting any of those lands and in particular, so far as relates to the lands subject thereto or affected thereby, the encumbrance for drainage purposes numbered A 127413 lease numbered D 196189 and bills of mortgage numbered respectively 851988, 851989, and 881858 registered in the office of the Registrar of Titles at Brisbane and memorandum of mortgage numbered 129067 registered in the Department of Lands at Brisbane. 9. Deeds of Grant . (1) The Governor in Council shall issue a deed of grant comprising the lands described in Parts 1, I I , 1 1 1 and 1 V of Schedule I to this Act. In lieu of the one deed of grant, the Governor in Council may issue two or more deeds of grant comprising respectively parts of such lands but, if he does so, he shall issue such number of deeds that the parts comprised therein respectively will in the aggregate comprise the whole of such lands. (2) Upon the enrolment of the deed or deeds of grant issued pursuant to subsection (1) of this section under the provisions and for the purposes of " The Real Property Acts, 1861 to 1963," the Registrar of Titles shall cancel the Deeds of Grant and Certificates of Title set out in Part I of Schedule I to this Act. (3) The Registrar of Titles shall endorse upon the deed of grant issued pursuant to subsection (1) of this section or, if two or more deeds of grant are issued , upon the deed of grant comprising the part of the aforesaid lands which includes the land subject to the encumbrance or mortgage in question , the encumbrance for sewerage purposes, the lease and bills of mortgage registered in his office and numbered respectively A 127413, D 196189, 851988 , 851989, and 881858 and a note of memorandum of mortgage No. 129067. In respect of memorandum of mortgage No. 129067, the provisions of section two hundred and eighty -five of " The Land Acts, 1962 to 1964," shall with and subject to all necessary adaptations , apply. (4) Every deed of grant issued pursuant to this section shall be subjected to such reservations and restrictions as are authorized or prescribed in respect of a grant in fee-simple by " The Land Acts, 1962 to 1964." (5) All information and particulars required by section three hundred and thirty-seven of " The Land Acts, 1962 to 1964," to be entered in the register of trustees prescribed by that section to be kept in the Department of Lands shall from time to time as occasion requires be entered therein in respect of the Trust. 10. Property other than interests in lands . On and from the date of the coming into operation and by virtue of this Act all property other than the lands described in Parts I, II, III and IV of Schedule I to this Act vested in or held upon trust by the persons who immediately prior to the coming into operation of this Act were trustees of the property of the Association, shall be absolutely freed and discharged from the trusts upon and subject to which such property was theretofore vested in or held upon trust by the said trustees, and be divested from the said trustees, and such property shall vest in the Trust upon the trusts set out in section eleven of this Act, but subject to and without prejudice to any debt, liability or obligation specially charged on or affecting the same.

252 Brisbane Exhibition Grounds Trust Act of 1965, No. 24 11. Trusts. The lands vested in the Trust by this Act shall be held by the Trust upon trust for the members of the Association to be used under, subject to and in accordance with the objects and rules of the Association- (a) for carrying out the objects and purposes of the Association ; and (b) (Consistently with the use thereof as prescribed by paragraph (a) of this subsection), at the discretion and by the direction of the Council of the Association for any business, religious, educational, charitable, recreational or sporting purpose or for any other purpose not detrimental to the public interest. 12. Dealing with land . (1) Subject to this section and to the objects and rules of the Association, at the discretion and by the direction of the Council of the Association, the Trust may sell for an estate in fee-simple. mortgage. lease or agree to lease or otherwise deal with the lands or any part of the lands for the time being vested in the Trust under this Act. (2) With respect to any such mortgage the provisions, except subsection (1), of section three hundred and fifty-one of " The Land Acts, 1962 to 1964," shall apply as if the lands the subject of the mortgage were granted in trust under " The Land Acts, 1962 to 1964": Provided that a mortgagee shall not be required under the provisions of subsection (3) of the said section three hundred and fifty-one to pay to the Minister the amount of the unimproved value of any land which was acquired, by purchase or otherwise, by the Association under circumstances which involved the payment by the Association of such amount as at the date of such acquisition. (3) The Trust shall not sell for an estate in fee-simple any lands unless the Minister has consented in writing to such sale. 13. Acquisition of land . Any lands granted to or acquired by the Association from time to time may be vested in the Trust upon the trusts prescribed by section eleven of this Act, and the Trust may execute all such transfers and other documents and take and do all such steps and things as are necessary or convenient for securing the vesting in it accordingly of such lands. 14. Enforcement of rules , &c. (1) Where a contravention of or failure to comply with any provision of a rule, regulation or by-law of the Association causes danger or annoyance to the public or hindrance to the Trust, or the Association or their respective lessees, licensees or permittees, or to the public in the lawful use of the lands vested in the Trust by this Act or any part thereof the Trust, or the Association or their respective lessees, licensees or permittees, or the agents or employees of any of them. may interfere summarily to obviate or remove that danger, annoyance or hindrance. (2) This section applies so as not to limit the liability of the offender. 15. Repeals . The Acts set forth in Schedule III to this Act are repealed to the extent indicated in that Schedule.

Sub. I Resub. 2 I 43 2 3 1 23 Sub. Allot. SCHEDULE 1 County of Stanley , Parish of North Brisbane PART I ( Freehold Lands) 1 Sec. Por. Area Deed or C/ T. Volume Folio New Amalgamated Description ( Por. ) 14151617 19, 20 and 21 20, 21 and 22 23242525 B 267 268 269266 266 266 266266 266 266266266266 N. E. S. 77 A. R. P. 331 3 19. 62 D/ G. 129281 2185 41 331 2 4. 6 C' / T. 351004 1866 244 331 2 14. 17 D/ G. 128291 2158 51 331 8. 9 3740 151 Y 530 28121 C/ T. 355768 C/ T. 24921 1890 178 108 487 167 251 C/ T. 355769 1890 109 486 21J C/ T. 35577( I89( ) 110 30. 8 C/ I . 22835 165 81 3749 C: / T. 270389 1508 129 2118 20. 5 20. 5 16 27 12 C/ 1. 2 70390 C/ T. 238981 C/ T. 378521 C/ T. 228188 C/ T. 240967 C/ 1. 184329 1508 13671994 1318 1375 1107 130 Part of 485 221 III178 207 69

PART I continued tJCh Sub, Re sub. Sub. Allot. Sec. Por. Area 8 9 11 121415 21 and 22 25A 26A, 27A and 28A B B 29 4143 3 I and 2 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 and 78 N. E. S. 77 N. E. S. ' I7 A. R. P. 12 12 22 12 121212121212 33. 8 I3. 5 1 0. 9 14. 4 14. 4 14. 4 15. 4 1 14. 5 Deed or C/ T. Volume Folio New Amalgamated Description ( Por. ) C/ T. 209968 C/ T. 85247 C/ T. 323701 C/ T. 438856 C/ T. 88884 C/ T. 88885 C/ T. 88861 C/ T. 88862 C/ T. 92217 C/ T. 92218 C/ T. 210115 C/ T. 182254 C/ T. 182253 C/ T. 625212 C/ T. 153487 C/ T. 651755 C/ T. 311338 C/ T. 355771 1234 570 1741 2268 593593593593 611611 123610951095 3040 945 3148 1688 1890 208237 191 96 124125101102 207 Part of 485 208 105 244243 202227245 78 483 III 482

ub. Resub . Sub. 21 Allot . PART 11 ( Reserve) Sec. Por . Area Deed or C/ T. Volume Folio New Amalgamated Description ( Por. ) 330 9• 1 Part of 481 Su b. Resub . Sub. 2 and 3 PART III ( Perpetual Lease under 10 Geo . V No. 20) Allot . . . Sec. Por . Area A. R. P. . . 3 3 4 3 5 0 } 28 3 2. 8 Decd or C/ T. Volume F olio New Amalgamated Description ( Por. ) f Part of 481 345 N Vi

PART IV ( Crown Lands) Sub. Resub. Sub. Allot. Sec. Por. I 4 1013 16, 17, and 18 19 and 20 23A 24A C and A 18 19 21 and 22 B B B B B B 23 and 2425262728 44, 45 and 46 1 to 8 13 to 26 266266266 N. E. S. 77 N. E. S. 77 N. F. S. 77 N. E. S. 77 N. E. S. 77 N. E. S. 77 N. F. S. 77 and 78 N. E. S. 77 and 78 N. E. S. 77 and 78 N. E. S. 77 and 78 N. E. S. 77 and 78 N. E. S. 77 56A 56 Area A. R. P. 1 2 32. 2 3 2 29. 8 30. 17 21. 1 21. 8 1212 36 22 1547 14. 5 16. 6 14. 4 14. 4 1 4. 2 144 31. 5 Deed or C; T. Volume Folio New Amalgamated Description ( Por. ) 484 S Part of 485

Sub Resub . Sub. Allot. 42 N. E. S. 77 40 N. E. S. 77 PART IV - - - continued Sec. Por. Area A. R. P. . . . . 14. 4 . . 14. 4 473 1 16- 5 478 110. 9 479 1 1. 7 Deed or C/ T. Volume Folio New Amalgamal ed Descriptic n ( Por. ) . . . . . . . . Part of 48 5 . . . . SCHEDULE 11 ( Amalgamated Descriptions) County of Stanley , parish of North Brisbane Portions 345 and 480 shown on Plan No . SI. 4550 in the Survey Office. Portion 481 shown on Plan No . SI. 4551 in the Survey Office. Portions 482 and 483 shown on Plan No. SI. 4552 in the Survey Office. Portions 484, 485 , 486 and 487 shown on . Plan No . SI. 4553 in the Survey Office. r' ) v;

258 Brisbane Exhibition Grounds Trust Act of 1965, No. 24 SCHEDULE III Year and Number of Act Short title Extent of Repeal 3 Geo. V No. 11 10 Geo. V No. 20 20 Geo. V No. 33 22 Geo. V No. 52 6 Eliz. 11 No. 23 " The Brisbane Exhibition Lands Act of 1912 " " The Brisbane Exhibition Lands Leases Act of 1920 " " The Royal National Agricultural and Industrial Association of Queensland Act of 1929 " " The Royal National Agricultural and Industrial Association of Queensland Act of 1931 " " The Royal National Agricultural and Industrial Association of Queensland- Act of 1957 " The whole The whole The whole The whole The whole