City of Ballaarat Municipal Lands and Buildings Act 1886 (Vic)

Version No. 001

City of Ballaarat Municipal Lands and Buildings Act 1886

Act No. 884/1886

Version as at 13 October 1999

TABLE OF PROVISIONS

Section  Page

1.Mayor Councillors and Citizens of Ballaarat from time to time may lease lands

2.Powers of the Mayor Councillors and Citizens as to land in Schedule

3.Mayor Councillors and Citizens or Treasurer of Ballaarat may give receipts for rent

4.Application of rents

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

City of Ballaarat Municipal Lands and Buildings Act 1886

Act No. 884/1886

Version as at 13 October 1999

An Act to enable the Mayor Councillors and Citizens of the City of Ballaarat to demise for terms of years certain lands vested in them and for other purposes.

Preamble

WHEREAS by a deed-poll bearing date the nineteenth day of May One thousand eight hundred and eighty-five under the hand of His Excellency Sir Henry Brougham Loch, Knight Commander of the Most Honorable Order of the Bath Governor and Commander-in-Chief in and over the Colony of Victoria, with the seal of the said colony affixed, Her Majesty in order to permanently reserve a site for municipal purposes in the City of Ballaarat did grant unto the Mayor Councillors and Citizens of the said City of Ballaarat and their successors all that piece of land in the said deed mentioned together with all the rights members privileges and appurtenances whatsoever to the same belonging or in anywise appertaining, subject nevertheless to certain reservations and exceptions therein specified, to have and to hold the said land and premises unto the said Mayor Councillors and Citizens of the said City of Ballaarat and their successors subject to certain conditions provisoes and declarations in the said deed mentioned, and amongst others that the said land thereby granted and the buildings for the time being thereon should be at all times thereafter maintained and used for municipal purposes and offices and conveniences connected therewith and for no other purpose whatsoever under and in accordance with such regulations as should from time to time be made by the Governor or other officer for the time being administering the government of the said colony with the consent of the Executive Council thereof, and in the meantime under and in accordance with such rules orders by-laws and regulations as should from time to time be made by the Mayor Councillors and Citizens of the said City of Ballaarat; and also that for the purpose of erecting buildings on the said land for the purposes aforesaid it should be lawful for the Mayor Councillors and Citizens of the said City of Ballaarat to raise from time to time at interest upon the security of the said lands and the buildings thereon or of the rents and profits or of any part of

the same such sum or sums of money and in such manner as the Mayor Councillors and Citizens of the said City of Ballaarat might think fit, and that for giving effect to any such security the said Mayor Councillors and Citizens should execute and do all such assurances and things as they should think fit, but that notwithstanding any mortgage or charge made in pursuance of such power the said land and the buildings for the time being standing thereon should be always used for municipal purposes and should be always subject to the trusts aforesaid; and also that if the body corporate of the Mayor Councillors and Citizens of the said City of Ballaarat should be dissolved or by any means become extinct and be no longer existent, or should permit or suffer the said land and premises or any part thereof to be used for or applied to any other than the purpose aforesaid or to become out of proper order and repair, or should alienate or attempt to alienate in fee simple or for any less estate or interest the said land and premises or any part thereof save and except under and in pursuance of the said deed-poll or of some law thereafter to be in force within the said colony, it should be lawful for Her Majesty her heirs and successors in manner therein mentioned to re-enter upon the said land or any part thereof and to hold possess and enjoy the same as fully and effectually to all intents and purposes as if the said grant had not been made.

AND WHEREAS there have not been any buildings erected on the said land:

AND WHEREAS buildings for municipal purposes and offices and conveniences connected therewith have been erected by the Mayor Councillors and Citizens of the said City of Ballaarat on land adjoining the land by the said deed-poll granted:

AND WHEREAS such buildings are such as to satisfy all the present and probable future requirements of the said city and the inhabitants thereof for very many years to come:

AND WHEREAS the said land therefore is not required by the said Mayor Councillors and Citizens for the purpose of erecting buildings thereon for any of the purposes aforesaid:

AND WHEREAS the said land could be demised for terms of years with advantage to the said Mayor Councillors and Citizens:

AND WHEREAS under the provisions in the said recited deed-poll contained the same cannot now be done:

AND WHEREAS the said Mayor Councillors and Citizens are desirous of being empowered to demise from time to time the said land or any portion thereof for terms not exceeding thirty years:

AND WHEREAS it is expedient that the said Mayor Councillors and Citizens should be empowered to demise from time to time the said land described in the Schedule hereto or any portion thereof for terms not exceeding thirty years notwithstanding the conditions provisoes and declarations in the said hereinbefore recited deed-poll contained:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Mayor Councillors and Citizens of Ballaarat from time to time may lease lands

Notwithstanding the conditions provisoes and declarations of the said recited deed-poll bearing date the nineteenth day of May One thousand eight hundred and eighty-five, the Mayor Councillors and Citizens of the City of Ballaarat may at any time demise and may from time to time again demise for any term not exceeding thirty years the land described in the Schedule hereto or any part thereof and all buildings and erections which may at any time be thereon at such annual rent upon such terms and subject to such exceptions reservations covenants and conditions as to the said Mayor Councillors and Citizens seem fit.

2.Powers of the Mayor Councillors and Citizens as to land in Schedule

The said Mayor Councillors and Citizens may bring any action or suit for the recovery of the rents of the said land or of any part thereof and the buildings thereon or for the preservation of such buildings and for the recovery of damages for injuries thereto, and may also repair and improve any of such buildings and out of their municipal fund defray the expenses of the same, and may at any time accept the surrender of any such lease if they think fit.

3.Mayor Councillors and Citizens or Treasurer of Ballaarat may give receipts for rent

The receipts of the said Mayor Councillors and Citizens or of the Treasurer of the said City of Ballaarat for the time being for the rent of the said land so demised or any part thereof shall be effectual discharges to the lessees thereof their executors administrators and assigns, who shall be in no manner concerned to see to the application of such rent or any part thereof.

4.Application of rents

All moneys received by the said Mayor Councillors and Citizens as rent for the said land so demised or any part thereof shall go to and form part of the municipal fund of the said City of Ballaarat.

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SCHEDULE

All that piece of land containing twenty-eight perches more or less in the City of Ballaarat parish of Ballaarat county of Grenville:

Commencing at the north-west angle of the public offices reserve; bounded thence by Lydiard-street bearing north one chain; thence by allotment sixty-two and a line bearing east one chain seventy-five links; thence by the existing reserve bearing south one chain; and thence by the public offices reserve aforesaid bearing west one chain seventy-five links to the point of commencement.

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ENDNOTES

1.     General Information

The City of Ballaarat Municipal Lands and Buildings Act 1886 was assented to on 28 October 1886 and came into operation on 28 October 1886.

2.     Table of Amendments

There are no amendments made to the City of Ballaarat Municipal Lands and Buildings Act 1886 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.