National Trust Preservation Fund (Winding-up) Act 1999 (TAS)

National Trust Preservation Fund (Winding-up) Act 1999

An Act to provide for the winding-up of the National Trust Preservation Fund and the distribution of the money in the fund

[Royal Assent 16 July 1999]

WHEREAS –

(a) in 1966 the Lord Mayor, Aldermen and Citizens of the City of Hobart and the State Government of Tasmania settled a fund known as the National Trust Preservation Fund (Hobart) to preserve and restore historic buildings within the city of Hobart; and (b) the State Government of Tasmania and the Corporation of the City of Hobart contributed equal amounts to the Preservation Fund; and (c) by a Deed of Trust dated 30 May 1984, Peter Murrell, Anthony D. Haigh and Peter M. Johnstone, all of Hobart in Tasmania, acknowledged that they stood possessed of that Preservation Fund; and (d) it is expedient to revoke the trusts established in relation to the Preservation Fund and transfer one-half of the amount standing to the credit of the Preservation Fund to the Heritage Fund established under the Historic Cultural Heritage Act 1995 to be used for the provision of financial or other assistance for the purposes of that Act, and the other half of that amount to an account established by the Hobart City Council:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the National Trust Preservation Fund (Winding-up) Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3InterpretationIn this Act – commencement day means the day on which this Act commences; Heritage Account means the account established by the Hobart City Council under this Act; Heritage Fund means the Heritage Fund established under the Historic Cultural Heritage Act 1995 ; [Section 3 Amended by No. 30 of 2017, s. 4, Applied:05 Sep 2017] planning scheme means a planning scheme within the meaning of the Land Use Planning and Approvals Act 1993 ; [Section 3 Amended by No. 30 of 2017, s. 4, Applied:05 Sep 2017] Preservation Fund means the National Trust Preservation Fund (Hobart) referred to in the Preamble ; Tasmanian Heritage Council means the Tasmanian Heritage Council established under the Historic Cultural Heritage Act 1995 ; Tasmanian Heritage Register means the register kept under section 15 of the Historic Cultural Heritage Act 1995 ; trust deed means the Deed of Trust referred to in paragraph (c) of the Preamble . 4Revocation of trustsOn the commencement day, the trusts established by the trust deed are revoked. 5Distribution of funds (1) As soon as practicable after the commencement day, the Minister is to ensure that – (a) the funds contained in the Preservation Fund are divided into 2 equal parts; and (b) one of those parts is transferred into the Heritage Fund and the other part into the Heritage Account. (2)  The funds transferred under subsection (1) may be transferred in any form and in any manner that the Minister considers appropriate. (3)  [Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017] The funds transferred into the Heritage Account under subsection (1) are to be applied for the provision of financial or other assistance in relation to places in the city of Hobart that are  – (a) [Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017] heritage listed under a planning scheme in effect in that city; or (b) [Section 5 Subsection (3) amended by No. 30 of 2017, s. 5, Applied:05 Sep 2017] entered in the Tasmanian Heritage Register. (4) The funds transferred into the Heritage Fund under subsection (1) are not to be used for the purposes set out in section 13 (a) or (b) of the Historic Cultural Heritage Act 1995 . (5) The funds transferred into the Heritage Account under subsection (1) are not to be used for the payment of expenses, charges, salaries, remuneration, allowances, expenses or obligations incurred in the administration of the Heritage Account. 6Payments into Heritage Account (1)  For the purposes of section 5(3) , the Hobart City Council is to establish an account to be known as the Heritage Account. (2) Any funds paid into the Heritage Account and any payments made from those funds are to be separately accounted for in the records required to be kept under the Local Government Act 1993 . 7Payments into Heritage Fund (1) Any funds paid into the Heritage Fund under this Act must be applied for the provision of financial or other assistance for the purpose of the Historic Cultural Heritage Act 1995 . (2) Any funds paid into the Heritage Fund under this Act and any payments made from those funds are to be separately accounted for in the records required to be kept under section 14A of the Historic Cultural Heritage Act 1995 . 8Indemnity for trustees (1) On and after the commencement day, no action may be instituted or continued against any person in respect of the administration or intended administration, in good faith, of the trusts arising from the trust deed. (2)  Nothing in subsection (1) prevents an action to compel a person to perform a duty imposed by this Act or, where appropriate, an action to enforce a right of redemption of any property that, immediately before the commencement day, was subject to any such trust. 9Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Primary Industries, Water and Environment; and (b) the department responsible to the Minister for Primary Industries, Water and Environment in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.