Port Kembla Sailors, Soldiers Memorial Hall Act 1957 (NSW)

PORT KEMBLA SAILORS, SOLDIERS MEMORIAL

HALL ACT.

An Act to validate a resumption of lands made for the purpose of providing, controlling and managing a club for returned sailors and soldiers; to authorise the transfer of such lands to the Port Kembla Sub-Branch of the Returned Sailors, Soldiers and Air­ men's Imperial League of Australia (New South Wales Branch) Incorporated; to amend the Local Government Act, 1919, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 18th April, 1957.]

WH E R E A S in the yea r one thousand nine hund red Kembla resolved to ra ise funds for the purpose of erect­and twenty- three a meet ing of citizens of P o r t

ing a Memoria l Ha l l to serve in ter a l ia as a memoria l to those who served in the 1914-1918 w a r A N D W H E R E A S the lands compris ing lots 9 a n d 10 Mi l i ta ry Road, P o r t Kembla , being the lands contained in Certificates of Tit le Volume 2411 Polio 236 and Volume 3318 Folio 221 respectively, were purchased with funds provided by public subscript ion a n d the t i t le there to ves ted in cer ta in persons as Trus tees A N D W H E R E A S a bui lding known as the P o r t Kembla Sai lors , Soldiers Memoria l Ha l l was l a te r erected on the said lands A N D W H E R E A S for m a n y yea r s the said Memoria l Ha l l was managed by a committee known as the Committee of the P o r t Kembla Sai lors , Soldiers Memoria l Ha l l A N D W H E R E A S the P o r t Kembla Sub-Branch of the Re­ t u r n e d Sai lors , Soldiers and A i r m e n ' s Imper i a l League of Aus t ra l i a (New South Wales Branch ) Incorpora ted (here inaf ter called the Sub-Branch) has for a number of y e a r s been in occupation of the said Memoria l Ha l l A N D W H E R E A S cer ta in land adjoining the said Memoria l Ha l l and used in conjunction wi th i t compris ing lot 11 s i tuated a t the corner of Mil i ta ry R o a d and

and Al lan St ree t , P o r t Kembla , being the land contained in Certificate of Ti t le Volume 2779 Folio 165, was vested in t he Amalgama ted Miners Associat ion of New South Wales A N D W H E R E A S the said Amalgama ted Miners Associat ion of New South Wales had been for m a n y y e a r s before the da te of the resumpt ion here inaf ter re fe r red to a defunct body f rom whom ti t le could no t be volun­ ta r i ly acquired A N D W H E R E A S on the fifteenth day

of F e b r u a r y one thousand nine hundred and fifty	The
Council of the City of Grea te r Wollongong (here inaf ter re fe r red to as the Council) resolved to make applicat ion under sections five hundred and th i r ty- two and five hundred and th i r ty-s ix of the Local Government Act, 1919, as amended by subsequent Acts , t ha t the said lands compris ing lots 9, 10 and 11 aforesaid be app rop r i a t ed or resumed for the purpose of providing, control l ing and manag ing a club for r e tu rned sai lors and soldiers in accordance with the provis ions of p a r a g r a p h (f) of subsection one of section three hundred and fifty-eight of the said Act, as so amended, A N D W H E R E A S by a notice of resumpt ion and appropr i a t ion da ted the fifteenth day of November one thousand nine hundred and fifty it was notified and declared tha t so much of the said land as was Crown land was thereby a p p r o p r i a t e d a n d so much of the said land as was p r iva te p r o p e r t y was thereby resumed under Division 1 of P a r t V of the Publ ic W o r k s Act, 1912, for the pu rpose aforesaid and i t was fu r the r notified tha t the sa id land was vested in the Council A N D W H E R E A S the Council is now the reg is te red p rop r i e to r of the said lands A N D W H E R E A S since the twenty-four th day of November one thousand	nine hundred and fifty the said lands have been controlled
a n d m a n a g e d by the members of a Local Committee
appoin ted by the Council unde r section 530A of the Local Government Act, 1919, as amended by subsequent Acts , and consist ing of members of the Sub-Branch A N D W H E R E A S the Local Committee has, p u r s u a n t to the author i t ies and powers delegated to it by the Council, occupied the said lands and permi t t ed the Suit-Branch to use the same A N D W H E R E A S the Sub-Branch is des i rous of acqui r ing title to the said lands for the pu rpose of erect ing thereon a modern bui lding for use as club premises a n d containing a suitable memoria l to

those

those who served in the 1914-1918 and 1939-1945 wa r s A N D W H E R E A S the Council for the purposes aforesaid is desirous of rel inquishing the provision, control and management of the said lands and facil i tat ing the erect ion thereon of the said building for use as aforesaid and is desirous of t r ans fe r r ing the said lands to the Sub-Branch A N D W H E R E A S by Deed of Indemni ty da ted the n in th day of March one thousand nine hundred and fifty made between Colin Keight ley Brown and others ( there in described as " g u a r a n t o r s " ) and the Council the g u a r a n t o r s agreed to hold the Council harmless and indemnified agains t in ter alia any claims for compensat ion ar i s ing out of the said resumpt ion A N D W H E R E A S the Sub-Branch has agreed to p a y the costs and expenses incur red by the Council of and incidental to the said resumpt ion and the proposed t rans fe r A N D W H E R E A S the said resumpt ion if val id would give rise to r igh t s in the owners of t h e said lands a t the da te of such resumpt ion to claim compensat ion therefor A N D W H E R E A S a claim for compensat ion h a s been made A N D W H E R E A S doubts have ar isen as to the val id i ty of the said resumpt ion and as to the t i t le of the Council to t h e said lands and as to i ts power to t ransfer the same to t rus tees for the Sub-Branch A N D W H E R E A S it is expedient t h a t the val idi ty of the said resumpt ion be established and tha t as to the r ight to claim compensat ion no objection should be available aga ins t any of the said owners based on inval idi ty of the said r e sumpt ion : Be it therefore enacted by the Queen 's Most Excel lent Majesty, by and wi th the

Legis la t ive Assembly of New South Wales in Pa r l i amen t	advice and consent of the Legis la t ive Council and	assembled, and by the au thor i ty of the same, as follows:—
1. This Act may be cited as the " P o r t Kembla Sailors , Soldiers Memorial Hal l Act, 1957" .

2. The notice of resumpt ion and appropr ia t ion

published in the Gazette of the twenty-four th day of November, one thousand nine hundred and fifty (a copy of which notice is set for th in the Schedule to this Act ) shall be deemed to have been, as from tha t day, va l id and effective to vest the land described in the Schedule to

such

such notice in The Council of t he City of Grea te r Wollongong freed and discharged from all t rus t s , es ta tes or in te res t s affecting the same.

The Council of the City of Grea te r Wol longong may t ransfer , by w a y of sale or otherwise, the land so described or any p a r t thereof, f reed and d ischarged from

3.

all t r u s t s , es ta tes or in te res t s affecting the same, to

t rus tees for t he P o r t Kembla Sub-Branch of the

R e t u r n e d Sai lors , Soldiers and A i r m e n ' s I mpe r i a l

League of Aus t r a l i a (New Sou th Wales Branch )

Incorpora ted .

4. The Reg i s t r a r -Genera l upon a duly s tamped

t r ans fe r in fee simple by The Council of the City of Grea te r Wollongong to the said t rus tees for the P o r t Kembla Sub-Branch of the R e t u r n e d Sai lors , Soldiers

and A i r m e n ' s Imper i a l League of A u s t r a l i a (New South

Wales B r a n c h ) Inco rpo ra t ed of the land so described or

any p a r t thereof being lodged for r eg i s t r a t ion and upon paymen t of the fees prescr ibed shall issue to the said t rus tees a Certificate of Ti t le to the land described in the said t r ans fe r free of a n y caveat or notification t ha t the same is affected by any t rus t , es ta te or in te res t affecting the same.

T H E S C H E D U L E

LOCAL GOVERNMENT ACT, 1919.—PUBLIC WORKS ACT, 1912.

GREATER WOLLONGONG CITY COUNCIL: CLUB FOR

RETURNED SAILORS AND SOLDIERS.

Acquisition of Land.

APPLICATION by The Council of the City of Greater Wollongong having been made that the land described in the Schedule hereto be appropriated or resumed for the purpose of providing, controlling and managing a club for returned sailors and soldiers, I t is hereby notified and declared by His Excellency the Governor, acting with the advice of the Executive Council, and by the Minister for Public Works, that so much of the said land as is Crown land is hereby appropriated and so much of the said land as is private property is

hereby

hereby resumed under Division 1 of Part V of the Public Works Act, 1012, for the purpose aforesaid; and the Minister for Public Works hereby further notifies that the said land is vested in The Council of the City of Greater Wollongong.

Dated at Sydney, this 15th day of November, 1950.

J. NORTHCOTT, Governor.

J. J. CAHILL, Minister for Public Works.

SCHEDULE.

ALL that piece or parcel of land situate in the City of Greater Wollongong, parish of Wollongong, and county of Camden, being lots 9 to 11 inclusive, section 1, deposited plan 5,808,—having a total area of 1 rood 31J perches or thereabouts, and said to be in the possession of William Pees and others.

(Misc. 50-7,439) (8241)