Newcastle National Park Enabling Act 1924 (NSW)

An Act to enable the Australian Agricultural Company by agreement with the Council of the City of Newcastle to vary the trusts affecting an area of land at Newcastle known as the National Park; to amend the Local Government Act 1919; and for purposes connected therewith.

WHEREAS by an indenture dated the twentieth day of May, one thousand nine hundred and thirteen, and made between the Australian Agricultural Company (in this Act called the company) of the one part and the Council of the City of Newcastle (in this Act called the council) of the other part, the company assured the parcel of land containing about seventy acres therein described to the council upon trust that the said land should at all times thereafter be used as a public park and recreation ground, subject to certain powers, reservations, conditions, declarations, and agreements in the said indenture contained: And whereas the council desires that the terms of the said indenture should be varied or modified in certain regards and the company is willing to consent to certain variations but it is impracticable to carry any arrangements in this regard into effect without the authority of Parliament:

Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

1Name of Act

This Act may be cited as the Newcastle National Park Enabling Act 1924.

2Authority to vary powers etc(1)

The council and the company may from time to time by instrument under their seals vary or modify the powers, reservations, conditions, and agreements contained in the said indenture of the twentieth day of May, one thousand nine hundred and thirteen, in such manner and to such extent as may be agreed upon by and between the council and the company.

(2)

Upon the registration of the said indenture and of any instrument entered into under the authority of this Act in the General Registry of Deeds the variation evidenced by the said instrument shall take effect, and thereafter the said land shall be held upon the trusts of the said indenture, subject to the powers, reservations, conditions, declarations, and agreements as so varied or modified, anything contained in the Local Government Act 1919 to the contrary notwithstanding.