Library Purposes Trusts Regulations 2010 (Vic)
Version No. 002
Library Purposes Trusts Regulations 2010
S.R. No. 89/2010
Version as at
3 April 2013
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definition
6Application for authority to surrender library land to the Crown
7Request to Minister for declaration
8Application for authority to surrender, transfer or convey land formerly used for library purposes
9Notice of application to be published
10Time for lodging objections
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SCHEDULES
SCHEDULE 1—Application under Section 42(2) for Authority to Surrender Library Land to the Crown
SCHEDULE 2—Request to the Minister under Section 43(4) for a Declaration under Section 43(6)
SCHEDULE 3—Application under Section 43(8) for Authority to Surrender, Transfer or Convey Land Formerly Used
for Library PurposesSCHEDULE 4—Notice under Section 43(10) of Application to Surrender, Transfer or Convey Land Formerly Used
for Library Purposes
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Detail
Version No. 002
Library Purposes Trusts Regulations 2010
S.R. No. 89/2010
Version as at
3 April 2013
1Objectives
The objectives of these Regulations are to prescribe—
(a)forms for; and
(b)the time for lodging objections to—
the surrender, transfer or conveyance of library land and land formerly used for library purposes.
2Authorising provision
These Regulations are made under section 53 of the Libraries Act 1988.
3Commencement
These Regulations come into operation on 11 December 2010.
4Revocation
The Library Purposes Trusts Regulations 2000[1] are revoked.
5Definition
In these Regulations—
the Act means the Libraries Act 1988.
6Application for authority to surrender library land to the Crown
An application under section 42(2) of the Act must be in the form set out in Schedule 1.
7Request to Minister for declaration
A request under section 43(4) of the Act must be in the form set out in Schedule 2.
8Application for authority to surrender, transfer or convey land formerly used for library purposes
An application under section 43(8) of the Act must be in the form set out in Schedule 3.
9Notice of application to be published
A notice under section 43(10) of the Act must be in the form set out in Schedule 4.
10Time for lodging objections
For the purposes of section 43(11)(b) of the Act, the prescribed period is 30 days from the date of publication of the notice.
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SCHEDULES
SCHEDULE 1
Regulation 6
Libraries Act 1988
Library Purposes Trusts Regulations 2010
APPLICATION UNDER SECTION 42(2) FOR AUTHORITY TO SURRENDER LIBRARY LAND TO THE CROWN
To the Minister
*I/We [full name of applicant]
of [address]
being the trustee/s of the library land described below and the council of the municipal district of [name of district] apply for authority to surrender the land to the Crown.
Description of land: [describe land]
The land—
(a) is library land and is no longer required for library purposes; and
(b) is not subject to any mortgage or charge; and
(c) *is not subject to any lease, tenancy or licence
*is subject to a lease, tenancy or licence [include particulars].
Dated
Signed
in the presence of
The seal of the council of the municipal district was affixed by
in the presence of
*Consent of lessee
I [full name of lessee]
of [address]
being the lessee of the land described above consent to this application to surrender the land to the Crown.
Dated
Signed
in the presence of
*Delete if inapplicable.
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SCHEDULE 2
Regulation 7
Libraries Act 1988
Library Purposes Trusts Regulations 2010
REQUEST TO THE MINISTER UNDER SECTION 43(4) FOR A DECLARATION UNDER SECTION 43(6)
To the Minister
*I/We [full name of person making request]
of [address]
being an eligible person as defined in paragraph *(a) *(b) *(c) of section 43(2) of the Act [include evidence] request the Minister to make a declaration under section 43(6) of the Act.
The land described below has been used for library purposes and in *my/our opinion is no longer required for those purposes [include evidence].
Description of land: [describe land]
Dated
Signed
in the presence of
I [full name] being the chief executive officer of the council of the municipal district of [name of district] certify that, after having made reasonable enquiries, I am satisfied the land has been used for library purposes and is no longer required for those purposes.
Dated
Signed
in the presence of
*Delete if inapplicable.
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SCHEDULE 3
Regulation 8
Libraries Act 1988
Library Purposes Trusts Regulations 2010
APPLICATION UNDER SECTION 43(8) FOR AUTHORITY TO SURRENDER, TRANSFER OR CONVEY LAND FORMERLY USED FOR LIBRARY PURPOSES
To the Minister
*I/We [full name of applicant]
of [address]
being an eligible person as defined in paragraph *(a) *(b) *(c) of section 43(2) of the Act [include evidence] apply for authority—
*to surrender to the Crown the land described below
*to transfer or convey the land described below to the council of the municipal district of [name of district].
Description of land: [describe land]
The land *is/is not subject to any mortgage or charge.
The land *is/is not subject to any lease, tenancy, licence, estate, interest or equity of redemption.
The land is not library land within the meaning of the Libraries Act 1988.
Dated
Signed
in the presence of
Consent of council (if council not applicant)
The council of the municipal district of [name of district] consents to this application.
The seal of the council of the municipal district was affixed by
in the presence of
Consent of lessee, mortgagee or other person having an estate, interest or equity of redemption in the land
I [full name]
of [address]
being [describe nature of interest in the land e.g. lessee, mortgagee] of the land described above consent to this application.
Signed
in the presence of
*Delete if inapplicable.
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SCHEDULE 4
Regulation 9
Libraries Act 1988
Library Purposes Trusts Regulations 2010
NOTICE UNDER SECTION 43(10) OF APPLICATION TO SURRENDER, TRANSFER OR CONVEY LAND FORMERLY USED FOR LIBRARY PURPOSES
TAKE NOTICE that an application has been made by [full name of applicant] of [address] to the Minister administering the Libraries Act 1988 for authority under section 43(8) of the Act—
*to surrender to the Crown the land described below
*to transfer or convey the land described below to the council of the municipal district of [name of district].
Any person wishing to object to the granting of the application may lodge with the Minister at [address of principal office of the Minister] a written objection within 30 days from the date of publication of this notice.
Description of land: [describe land]
*Delete if inapplicable.
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ENDNOTES
1. General Information
The Library Purposes Trusts Regulations 2010, S.R. No. 89/2010 were made on 7 September 2010 by the Governor in Council under section 53 of the Libraries Act 1988, No. 80/1988 and came into operation on 11 December 2010: regulation 3.
The Library Purposes Trusts Regulations 2010 will sunset 10 years after the day of making on 7 September 2020 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
There are no amendments made to the Library Purposes Trusts Regulations 2010 by statutory rules, subordinate instruments and Acts.
3. Explanatory Detail
[1] Reg. 4: S.R. No. 129/2000.
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