Library Purposes Trusts Regulations 2020 (Vic)

Version No. 001

Library Purposes Trusts Regulations 2020

S.R. No. 87/2020

Version as at

6 September 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

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

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 purposes

Schedule 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      Amendments Not in Operation

4      Explanatory details

Version No. 001

Library Purposes Trusts Regulations 2020

S.R. No. 87/2020

Version as at

6 September 2020

1Objective

The objective of these Regulations is to prescribe, for the purposes of the Libraries Act 1988—

(a)forms for the surrender, transfer or conveyance of library land and land formerly used for library purposes; and

(b)the time for the lodging of objections to the surrender, transfer or conveyance of that land.

2Authorising provision

These Regulations are made under section 53 of the Libraries Act 1988.

3Commencement

These Regulations come into operation on 6 September 2020.

4Revocation

The Library Purposes Trusts Regulations 2010[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.

Schedule 1—Application under section 42(2) for authority to surrender library land to the Crown

Regulation 6

Libraries Act 1988

Library Purposes Trusts Regulations 2020

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.

Schedule 2—Request to the Minister under section 43(4) for a declaration under section 43(6)

Regulation 7

Libraries Act 1988

Library Purposes Trusts Regulations 2020

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.

Schedule 3—Application under section 43(8) for authority to surrender, transfer or convey land formerly used for library purposes

Regulation 8

Libraries Act 1988

Library Purposes Trusts Regulations 2020

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.

Dated

Signed

in the presence of

*Delete if inapplicable.

Schedule 4—Notice under section 43(10) of application to surrender, transfer or convey land formerly used for library purposes

Regulation 9

Libraries Act 1988

Library Purposes Trusts Regulations 2020

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

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Library Purposes Trusts Regulations 2020, S.R. No. 87/2020 were made on 25 August 2020 by the Governor in Council under section 53 of the Libraries Act 1988, No. 80/1988 and came into operation on 6 September 2020: regulation 3.

The Library Purposes Trusts Regulations 2020 will sunset 10 years after the day of making on 25 August 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Library Purposes Trusts Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 89/2010.