Geelong (Haimes Homes) Land Act 1979 (Vic)

Version No. 001

Geelong (Haimes Homes) Land Act 1979

Act No. 9257/1979

Version incorporating amendments as at 13 October 1999

table of provisions

Section  Page

1.Short title and commencement

2.Definitions

3.Revocation of certain instruments

4.Haimes Homes deemed to be unalienated land of the Crown

5.Haimes Homes may be granted to trustees

6.Trustees authorized to sell Haimes Homes

7.Proceeds of sale of Haimes Homes to be applied towards costs
of improvements at Austin Homes

8.Trustees to be discharged from duties and liabilities under the trust

9.No compensation payable

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SCHEDULE—Land in the City of Geelong which may be granted
to the trustees of Haimes Homes

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Geelong (Haimes Homes) Land Act 1979

Act No. 9257/1979

Version incorporating amendments as at 13 October 1999

An Act to revoke a Grant and Reservation relating to certain Land in the City of Geelong known as the Haimes Homes, to authorize the Granting of certain Land to the Trustees of the Haimes Homes, to authorize the Trustees to sell that Land, to require the Proceeds of any Sale of that Land to be used towards the cost of building, developing and improving Facilities at the Austin Homes, and for other purposes.

Preamble

WHEREAS certain land in the City of Geelong (hereinafter referred to as "the Haimes Homes") was permanently reserved as a site for an Asylum for Aged Females by an Order of the Governor in Council made on the 1st July 1895:

AND WHEREAS by Crown Grant volume 2614 folium 522761 the Haimes Homes was granted to trustees (hereinafter referred to as "the trustees of the Haimes Homes") for the purpose of the reservation:

AND WHEREAS the improvements on the Haimes Homes are no longer suitable for the purpose of the reservation:

AND WHEREAS certain land in the City of Geelong (hereinafter referred to as "the Austin Homes") consists of—

(a)the land permanently reserved as a site for an Asylum for Aged Females by an Order of the Governor in Council made on the 11th August 1888 and granted by Crown Grant volume 2107 folium 421331 to trustees for the purpose of the reservation; and

(b)the land temporarily reserved as a site for public purposes (Homes for the Aged) by an order of the Governor in Council made on the 16th December 1975 and managed by a Committee of Management pursuant to section 14 of the Crown Land (Reserves) Act 1978:

AND WHEREAS the trustees of the Haimes Homes desire to sell the Haimes Homes and apply the proceeds of the sale towards the cost of building, developing and improving facilities at the Austin Homes:

AND WHEREAS it is expedient to revoke the reservation and the Crown Grant relating to the Haimes Homes, to authorize the granting of the land shown hatched in the Schedule to the trustees of the Haimes Homes, to authorize the trustees of the Haimes Homes to sell that land, to require the proceeds of any sale of that land to be applied towards the cost of building, developing and improving facilities at the Austin Homes, and to make other provision as hereinafter enacted:

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.Short title and commencement

(1)This Act may be cited as the Geelong (Haimes Homes) Land Act 1979.

(2)This Act shall come into operation on the day on which it receives the Royal Assent.

2.Definitions

In this Act unless inconsistent with the context or subject-matter—

"Austin Homes" means the land referred to as the Austin Homes in the preamble to this Act;

"Haimes Homes" means the land referred to as the Haimes Home in the preamble to this Act.

3.Revocation of certain instruments

(1)Crown Grant volume 2614 folium 522761 is hereby revoked.

(2)The Order of the Governor in Council made on the 1st July 1895 permanently reserving the Haimes Homes as a site for an Asylum for Aged Females is hereby revoked.

(3)Any other proclamation or Order of the Governor in Council setting apart or reserving any part of the Haimes Homes for any purpose is hereby revoked.

4.Haimes Homes deemed to be unalienated land of the Crown

The land shown hatched in the Schedule shall, notwithstanding anything to the contrary in any Act or law, be and be deemed to be unalienated land of the Crown freed and discharged from all trusts, encumbrances, reservations, limitations and restrictions whatsoever and from every estate or interest therein.

5.Haimes Homes may be granted to trustees

Notwithstanding anything to the contrary in any Act or law the land shown hatched in the Schedule may be granted by the Governor in Council in fee simple to the trustees of the Haimes Homes subject to such conditions, exceptions and reservations as the Governor in Council thinks fit.

6.Trustees authorized to sell Haimes Homes

The trustees of the Haimes Homes are hereby authorized and empowered to sell and transfer the land shown hatched in the Schedule upon such terms and subject to such conditions and reservations as they think fit.

7.Proceeds of sale of Haimes Homes to be applied towards costs of improvements at Austin Homes

The net proceeds of the sale of the land shown hatched in the Schedule or any part thereof shall be paid by the trustees of the Haimes Homes to the trustees and Committee of Management of the Austin Homes who shall apply the net proceeds towards the cost of the building, development and improvement of facilities at the Austin Homes.

8.Trustees to be discharged from duties and liabilities under the trust

When the trustees of the Haimes Homes have—

(a)sold the land shown hatched in the Schedule in accordance with this Act; and

(b)applied the net proceeds of the sale in accordance with section 7—

the trustees shall be freed and discharged from all further duties and liabilities under the trust in respect of the Haimes Homes.

9.No compensation payable

No compensation shall be payable by the Crown in respect of any act, matter or thing done under or arising out of this Act.

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SCHEDULE

Land in the City of Geelong which may be granted to the trustees of Haimes Homes

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ENDNOTES

1.     General Information

The Geelong (Haimes Homes) Land Act 1979 was assented to on 26 June 1979 and came into operation on 26 June 1979: section 1(2).

2.     Table of Amendments

There are no amendments made to the Geelong (Haimes Homes) Land Act 1979 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.