City of Townsville (Lands Purchase) Act of 1965 (Qld)

446 QucrtElaxta ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1965 An Act to Enable the Council of the City of Townsville to Purchase for an Estate in Fee-simple certain Lands now Held by It in Trust [ASSENTED TO 30TH S EPTEMBER, 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. Short title . This Act may be cited as " City of Townsville (Lands Purchase) Act of 1965,"

City of Townsville ( Lands Purchase ) Act of 1963. V'o. 33 44 2. Termination of existing trusts . As from the passing and by virtue of this Act the freehold lands under " The Reai Property Acts, 1861 to 1963," described in the Schedule to this Act and numbered respectively lots 1, 2 and 3, shall be absolutely freed and discharged from the trusts upon and subject to which such lands were heretofore vested in and held by the Council of the City of Townsville, and be divested from 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 the Council of the City of Townsville, and the said Council may purchase for an estate in fee-simple the lands described in 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 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 the second column of the Schedule to this Act. The aggregate of such purchasing prices , being the sum of £167,960, shall be payable by the Council in ten equal annual instalments. (3) Such instalments shall be payable respectively on the first day of October, one thousand nine hundred and sixty - five, and on each succeeding first day of October thereafter until payment thereof has been completed. Any part payment of such an instalment may be appropriated as the Minister for Lands ( 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 October, one thousand nine hundred and seventy-five.

448 City of Townsville ( Lands Purchase ) Act of 1965, No. 33 (5) The Council of the City of Townsville 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. (6) If the Council of the City of Townsville 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) The Council of the City of Townsville 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. 4. Fresh deeds of grant. (I) Subject to the Council of the City of Townsville 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 to the said Council three deeds of grant comprising respectively the three 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 1965," 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 1963," the Local Deputy Registrar of Titles for the Northern District under and within the meaning of "The Real Property (Local Registries) Act of 1887." shall cancel the two deeds of grant and the certificate of title mentioned in the Schedule to this Act. and shall enter on the appropriate fresh deed of grant all entries and notifications made or appearing on either of such cancelled deeds of grant or cancelled certificate of title save any such entry or notification duly cancelled prior to the cancellation of such cancelled deeds of grant and certificate of title.

City of Townsville (Lands Purchase ) Act of 1965, No. 33 449 5. Repeal of 16 G. 5 No. 20 . " The City of Townsville Public Hail improvement Act of 1925," is hereby repealed. SCHEDULE Description of Land Purchasing Price Lot 1 Deed of Grant No. 10886, Voi. 219, Fol. 241.-Allotments 3 and 7, Section 4A, County of Elphinstone. Parish of Coonambelah, City of Townsville; containing one rood sixteen and seven-tenths perches more or less 66.033 Lot 2 Deed of Grant No. 3029, Vol. 101, Fol. 94.-Allotments 9 and 10 of Section 13, County of Elphinstone, Parish of Coonambelah, City of Townsville; containing two roods!: more or less Lot 3 Certificate of Title No. 44200, Vol. 309, Fol. 250.-Allotment 4, Section 4A, County of Elphinstone, Parish of Coonambelah, City of Townsville; containing three roods twenty-nine perches and six -tenths of a perch more or less 21,450 80,477 £167,960 15