Lang Park Trust Act of 1962 (Qld)

146 (Queenslnnb ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE •••••••••••••••••••••••••••••••••••••••••••••••••••• No. 21 of 1962 An Act to Establish a Trust in respect of Lang Park [AsSENTED TO 10TH DECEMBER, 1962] 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 tide. This Act may be cited as "The Lang Park Trust Act of 1962." (2) Commencement of this Act. Save as herein otherwise provided 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:- "Minister"-The Minister for Public Lands and Irrigation or other Minister of the Crown for the time being charged with the administration of this Act;

Lang Park Trust Act of 1962, No. 21 "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. 147 3. (1) Establlsbment of the Trust. There shall be established a body to be called "The Lang Park Trust" (herein referred to as "the Trust"). (2) Number of Trustees. The Trust shall consist of five 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 nomination and appointment of the trustees at any time after the passing of this Act. (3) The trustees shall be respectively- (a) a representative of the Government nominated by the Minister; (b) a representative of Brisbane City Council nominated by it; (c) two representatives of Queensland Rugby Football League nominated by it; and (ti) a representative of Brisbane Rugby Football League nominated by it. (4) Fresh nominations of persons to be trustees may be made from time to time 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 ifhe- (a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) resigns his office by writing under his hand addressed to the Trust and the resignation is accepted by the Trust; (ti) 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; or (f) becomes incapable as prescribed by section five of this Act of continuing to be a trustee.

148 Lang Park Trust Act of 1962, No. 21 5. Disqualification from membership of Trust. (1) A person who is concerned or participates, directly or indirectly, in any contract with the Trust or Queensland Rugby Football League or Brisbane Rugby Football League shall not be capable of being or continuing to be a trustee. (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, ifhe 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 that offence. (4) An offence against this section may be prosecuted in a summary way under "The Justices Acts, 1886 to 1960." 6. (1) Trust to be a body corporate. The Trust shall be a body corporate under the name and style of "The Lang Park Trust" and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued under its corporate name and 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, including and from the date of the coming into operation and by virtue of this Act the lands described in the Schedule to this Act shall be absolutely freed and discharged from the trusts upon and subject to which such lands were theretofore reserved and set aside and placed under the control of Brisbane City Council, and shall cease to be under the control of Brisbane City Council. 8. Vesting in the Trust. On, including and from the date of the coming into operation and by virtue of this Act the lands described in the Schedule to this Act shall vest in the Trust for an estate in fee-simple upon trust for recreation and sporting purposes discharged from- (a) the lease granted by Brisbane City Council to Queensland Rugby Football League and Brisbane Rugby Football League pursuant to memorandum of agreement made on the seventh day of October, one thousand nine hundred and sixty, between the said Council and the trustees respectively of the said Leagues; (b) the sublease granted by Queensland Rugby Football League and Brisbane Rugby Football League to Queensland Amateur Athletic Association pursuant to the Indenture made on the

Lang Park Trust Act of 1962, No. 21 seventh day of October, one thousand nine hundred and sixty, between the trustees respectively of the said Leagues and the trustees of the said Association; and (c) the lease granted by Brisbane City Council to Queensland Police Citizens' Youth Welfare Association pursuant to memorandum of agreement made on the first day of September, one thousand nine hundred and fifty-eight, between the said Council and the said Association. 9. Deed of grant. (1) The Governor in Council shall issue a deed of grant whereby he shall, in the name of Her Majesty, grant in fee- simple the land described in the Schedule to this Act to the trustees comprising the Lang Park Trust. (2) It shall be sufficient in such deed to specify such trustees by the official name of "The Trustees of the Lang Park Trust". (3) Such deed of grant shall be valid and effectual to convey to and vest in such trustees the land therein described for an estate in fee-simple upon trust for recreation and sporting purposes. (4) Such grant shall be made subject to such reservations and conditions as are authorised or prescribed by "The Land A.ct of 1962," or any other Act. (5) All information and particulars required by section three hundred and thirty-seven of "The LandAct of1962" to be entered in the register of trustees prescribed by that section to be kept in the Department of Public Lands shall from time to time as occasion requires be entered therein in respect of the Trust. 10. Transfers, &c., executed by majority sufficient. Any mortgage, lease, or other dealing of or in the land vested in the Trust by this Act shall, if signed by the majority of the trustees for the time being named in the register of trustees kept in the Department of Public Lands and sealed with the seal of the Trust, be as effectual as if such mortgage, lease or other dealing had been duly signed by all the trustees and so sealed. 11. Powers of trustees. (1) Subject to this section the Trust may mortgage or lease or agree to lease the lands vested in the Trust under this Act ot any part of such lands. (2) With respect to any such lease or agreement to lease the provisions of sections three hundred and forty-three to three hundred and forty-eight, both inclusive, of "The Land Act of1962", shall apply as if the land the subject thereof were land granted in trust under that Act: Provided that the said section three hundred and forty-four shall so apply with the omission of paragraph (a) thereof and of the words "for renewal of lease or" in paragraph (b) thereof. 149

150 Lang Park Trust Act of 1962, No. 21 (3) With respect to any such mortgage the provisions of section three hundred and fifty-one of "The Land Act of1962", shall apply as if the land the subject thereof were land granted in trust under that Act. (4) Subject to this Act, the provisions of sections three hundred and thirty-eight, three hundred and forty-one and three hundred and forty-two of "The Land Act of1962", shall apply to the Trust as if the lands vested in it by this Act were granted in trust under that Act. 12. Certain leases aad a sublease to be granted. (1) Subject to this section the Trust shall lease parts of the land vested in it by this Act to- (a) Queensland Rugby Football League and Brisbane Rugby Football League; and (b) Queensland Police Citizens' Youth Welfare Association, respectively. (2) Each such lease shall be for such term and upon and subject to such terms and conditions as may be approved by the Minister: Provided that- (a) such leases shall be respectively for terms not less than the remainder still to run as at the date of the coming into operation of this Act of the terms of the leases mentioned in paragraphs {a) and (c) of section eight ofthis Act; and (b) except as varied by agreement between the parties and approved by the Minister, the parts of the land vested in the Trust by this Act to be demised by such leases respectively shall comprise the lands demised by the leases mentioned in paragraphs (a) and (c) of section eight of this Act. (3) Queensland Rugby Football League and Brisbane Rugby Football League shall enter into a sublease to Queensland Amateur Athletic Association of the part of the land vested in the Trust by this Act leased to those Leagues pursuant to this section. Such sublease shall be for such term and upon and subject to such conditions as may be approved by the Minister: Provided that such sublease shall be for a term not less than the remainder still to run as at the date of the coming into operation of this Act of the sublease mentioned in paragraph (b) of section eight of this Act. 13. By-laws. (1) The trustees may, with the approval of the Governor in Council, make from time to time all such by-laws as are necessary or expedient for prescribing, providing for, regulating and controlling the business and proceedings of the Trust and all matters concerning or connected with the lands vested in the Trust by this Act and the general

Lang Park Trust Act of 1962, No. 21 management thereof and for the purpose of carrying the provisions of this Act into effect including, but without limit to the generality of the foregoing provisions of this section- (a) with respect to the Trust, the appointment and tenure of office of the chairman thereof, procedure, quorum and voting at meetings thereof and the conduct of the business of such meetings; and (b) with respect to the lands vested in the Trust by this Act or any part thereof- (i) the use thereof for recreation or any sporting purpose; (ii) the admission thereto and the expulsion therefrom of persons; (iii) the rates or charges to be paid for admission thereto (which rates or charges may differ with respect to different parts thereof or as to the persons admitted thereto or as to the purpose to which the admission is related). (2) The by-laws under this Act may provide that the land vested in the Trust by this Act or any part thereof to be specified with reasonable certainty shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon members of the Police Force powers or duties with respect to public places or providing for the punishment of offences committed in public places. Thereupon such land or part thereof shall be a public place accordingly. (3) A by-law under this Act may impose a penalty not exceeding twenty pounds for a breach thereof. Such a penalty shall be recoverable in a summary way under "The Justices Acts, 1886 to 1960." (4) Liability of a person to such a penalty shall not relieve him from any other liability, civil or criminal, save that where an act or omission is an offence against both a by-law under this Act and some other Act or law, then the offender may be punished under either but not both. (5) A by-law under this Act may be revoked, amended, altered, varied or otherwise modified by another such by-law. (6) Every by-law under this Act shall be published in the Gazette and shall take effect on and from the date when so published unless it is thereby, or by another such by-law, prescribed to take effect on and from a later date (in which event it shall take effect as so prescribed). (7) By-laws may be made on the passing of this Act. 14. Enforcement of by-laws. (1) The Trust, its lessees, licensees, permittees, agents and employees may demand, receive and recover all such rates and charges as are payable under the by-laws. 151

152 Lang Park Trust Act of 1962, No. 21 (2) Where a contravention of or failure to comply with any provision of a by-law causes danger or annoyance to the public or hindrance to the Trust, its 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, its lessees. licensees or permittees, or the agents or employees of it or any of them, may interfere summarily to obviate or remove that danger, annoyance or hindrance. (3) This section applies so as not to limit the liability of a person offending against the by-laws to be punished for that offence. THE SCHEDULE Portion 353, County of Stanley, Parish of North Brisbane, City of Brisbane; containing about sixteen acres and eight perches.