Nambour Library Act 1973 (Qld)

259 ANNO VICESIMO SECUNDO ELIZA ET AE SECUN D A E REGINAE No. 27 of 1973 Act to provide wi th respect to the m aintenance of a public library service by the Council of the Shire of Maroochy ; to provide for the ratification of certai n d ea lings wi th land held by the Council for that purpose ; and to rep ea l certai n provisions of The Schools of Arts (Windi n g Up and Transfer) Acts, 1960 to 1961 [ASSENTED TO 19TH APRIL, 1973] 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 the Nambour Library Act 1973. 2. Interpretation. In this Act, unless a contrary intention appears- Board " means The Library Board of Queensland, the body corporate constituted under The Libraries Acts, 1943 to 1949;

260 Nambour Library Act 1973, No. 27 Council " means the Council of the Shire of Maroochy, a body corporate constituted under the Local Government Act 1936-1971; " Principal Act " means The Schools of Arts (Winding Up and Transfer) Act of 1960 as subsequently amended. 3. Vesting of property in Council . (1) The land specified in the first schedule shall continue to vest in the Council for an estate in fee- simple subject only to the provisions of this Act. (2) All property (other than land), that by virtue of section 3 of the Principal Act is vested in the Council, shall continue to vest in theCouncil subject only to the provisions of this Act. 4. Application of land to library purposes. The Council shall use the land specified in the second schedule in the stead of the land specified in the first schedule in the provision, as a function of local government, of a public library of a standard approved by the Board and in the maintenance of the library to the satisfaction of the Board and for that purpose shall erect and maintain upon that land such buildings as are necessary and shall as the occasion requires alter, extend, demolish, reconstruct and repair the buildings at any time on that land. 5. Use of land and buildings not required for library (1) Where at any time any part of the land specified in the second schedule or any part of a building thereon is not required for the provision of a public library in accordance with section 4, the Council may, with the consent of the Board and the approval of the Governor in Council given by Order in Council, use that part of the land or building for ar,y other purpose connected with a function of local government. (2) Any moneys received by the Council as rental for the use of any part of the land or a building as prescribed by subsection (1) shall be paid into the library fund of the Council. 6. Termination of trusts. On and from the passing of this Act, the land specified in the first schedule and all other property vested in the Council by the Principal Act and by this Act shall be absolutely freed and discharged from the trusts upon and subject to which that land and other property were so vested, and on and from that date the Council may use that land and other property for any purpose connected with a function of local government. 7. Ratification of past dealing with land. It is hereby declared that the excision of the land specified in the third schedule from land vested in the Council by virtue of section 3 of the Principal Act and the use of the land so specified for purposes other than the provision of a public library do not constitute and shall be deemed never to have constituted breaches of trust or breaches of statutory duty on the part of the Council. 8. Amendment of Principal Act. (1) The Principal Act is amended by- (a) repealing section 3; (b) in the schedule, omitting all words comprising Part 1. (2) The Principal Act as amended by this Act may be cited as the Schools of Arts (Winding Up and Transfer) Act1960-1973.

Nambour Library Act 1973, No. 27 261 FIRST SCHEDULE [s. 3] Resubdivision 2 of Subdivision 1 of Resubdivision 1 of Subdivision 8 of Portion 21, County of Canning, Parish of Maroochy, containing 14.09 perches, being the land contained in Certificate of Title, Volume 3449, Folio 99. SECOND SCHEDULE [s. 4) Subdivision 1 of Resubdivision 1 of Subdivision 2 of Resubdivisions 26 and 27 of Subdivision A of Portion 21, County of Canning, Parish of Maroochy, containing 28-7 perches, being the land contained in Certificate of Title, Volume 1458, Folio 167. THIRD SCHEDULE [s. 71 Resubdivision 1 of Subdivision 1 of Resubdivision 1 of Subdivision 8 of Portion 21, County of Canning, Parish of Maroochy, containing 2.2 perches, being part of the land contained in Certificate of Title, Volume 3454, Folio 36.