Public Parks Act of 1884 No 39a (NSW)

No. X X I I .

An Act for the better Regulation and Protec­

tion of Public Parks or places of Public

Recreation and of Lands dedicated pur­

chased or resumed for Public purposes for bringing certain Lands within the opera­ tion of this Act and for other purposes. [3Ut October, 188-1]

BE it enacted by the Queen'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 :—
1. This Act may be cited for all purposes as the " Public Parks Act of 1 8 8 ! " and from and after the passing thereof the Act eighteenth
Victoria number thirty-three being the " Public Parks Act oC 1 8 5 i "
shall be repealed Provided that such repeal shall be without prejudice to anything lawfully done or commenced under the authority of the said Act.
2. Subject to the provisions of this Act all Trustees in whom any lands are now vested by virtue of any grant from the Crown for
a public park or for the recreation convenience health or enjoyment
of the inhabitants of any city town or place and all Trustees appointed
by the Governor of lands dedicated to the purposes aforesaid pursuant
to the provisions of the Act hereby repealed shall continue to be bodies corporate under their respective corporate names as the same may heretofore have been or may hereafter be prescribed by the Governor and shall have perpetual succession and a common seal and shall be competent and liable to sue and be sued by such names in all Courts whatsoever and capable of holding real and personal property and of
exercising all powers and authorities conferred on Trustees by this Act.
3. I t shall be lawful for the Governor to appoint Trustees of any lands which have been already or may hereafter be dedicated by proclamation or notification in the Gazette or purchased for the pur­ poses of public recreation convenience health or enjoyment or which have been used by the public with the acquiescence of Her Majesty
for such purposes and such Trustees and their successors shall be a
body corporate having all the corporate capacities and liabilities mentioned in the second section of this Act.
4. I t shall be lawful for the Governor to declare that any land now or hereafter to be resumed for public parks or grounds for public recreation or as places for bathing and vested in the Minister for Public
Works as a Corporation sole by virtue of the Act forty-fourth Victoria
number sixteen (the " Lands for Public Purposes Acquisition A c t " ) shall be as to the whole or any portion of such lands subject to the provisions of this Act And after the publication of a notification in the Gazette to that effect the estate of the said Minister and all powers authorities and liabilities in connection therewith in such land shall upon the appointment of Trustees under this Act be held by and attach to such Trustees for the purposes mentioned in tin; Gazette notifica­ tion in the same manner and with the same powers and liabilities as
if such land had originallv been dedicated under this Act.

5. I t shall he lawful for the Governor to appoint the Council of any Borough or Municipal District within the limits of which any land dedicated or granted under the Act hereby repealed or now or hereafter to be resumed for a public park or ground for public recreation under the

" Lands for Public Purposes Acquisition Ac t " or now or hereafter to be purchased for such purposes or to be dedicated under this Act is

situated to be the Trustees of such land in their corporate name as such

Council and thereupon sucli Council shall be Trustees of such land for all purposes of this Act.

6. Trustees shall for all purposes of this Act and of any by-law thereunder be deemed to hold an estate in fee simple in the land

for which they were appointed but shall not be capable of alienat­

ing charging or in any way disposing of such land or any part

thereof Provided always that it shall be lawful for Trustees with the
consent of the Minister to lease or grant grazing or other temporary

licenses to occupy or use any portion of such land for such purposes

on such terms and subject to such conditions as he may approve.

7. I t shall be lawful for the Governor by notification in the

Gazette to declare that any public highway or thoroughfare public or private or right-of-way on over or affecting any land now or hereafter dedicated as a public park or place of public recreation convenience health or enjoyment or any laud purchased for any public purpose or resumed under the " Lands for Public Purposes Acquisition A c t " shall be extinguished And after the publication of such notification in the Gazette and after the same has been laid before Parliament for

a period of thirty days and has not within such period been disallowed by resolution of either House such public highway thoroughfare or
private right-of-way shall be extinguished accordingly.

8. When any trustee not being a member of a Municipal
Council appointed to execute any trust under this Act shall die or be

absent from the Colony for more than twelve months or shall resign or refuse or become incapable to act in the trusts or powers reposed in him it shall be lawful for the Governor to appoint a new Trustee in his place.

9. Trustees may frame by-laws regulating their meetings and the conduct of business thereat for the protection of the shrubs trees and herbage growing upon the land vested in them for regulating the use and enjoyment of such land for the removal of trespassers and other persons causing annoyance or inconvenience thereon and may impose penalties on the breach of any such by-law thereof not in any case to exceed the sum of ten pounds Provided always that no such	by-law shall be of any force until the same shall be approved by the	Governor nor until a copy thereof shall have been posted in some
conspicuous place on the said land and been twice published in the Gazette.

10. Proceedings for the recovery of any penalty imposed for

the breach of any such by-law may be taken in a summary way
before any Stipendiary or Police Magistrate or before any two Justices

at the Court of Petty Sessions nearest to the place where the breach

of such by-law was committed and the whole amount of all such
penalties shall be paid to the Trustees for the purposes of their trust And in any such proceedings the person prosecuting shall not be

called upon to prove such by-laws or the boundaries of such public

park or place of public recreation convenience health or enjoyment where the complaint is for an act committed in such park or place but the production of the Gazette containing any proclamation or

notification of such by-laws or of such boundaries shall be conclusive
evidence thereof and it shall be presumed that such by-laws were
duly posted and published until the contrary be shown.

11. Nothing in this Act shall affect the validity of any rules

and regulations made under the Act hereby repealed which shall for

all purposes of this Act be deemed to have the same force and effect
as by-laws duly made hereunder
12. I t shall be lawful for any of the Trustees or any ranger or other officer appointed by them to call in the aid of the police for the removal by force i f necessary of any person who shall be found com­ mitting a breach of any by-law or who shall by disorderly or insulting conduct upon or in the immediate neighbourhood of the lands vested in such Trustees cause annoyance or inconvenience to persons being on the said lands or going to or coming from the same.

13. I n this Act the word " Trustees " means the Trustees in

whom any park or place of public recreation convenience health or employment is vested by law and "Trustee" means any one of such Trustees and the word "Governor" means the Governor acting with the advice of the Executive Council.

11. The Minister for Lands shall be the Minister for the

administration of this Act.

15. Nothing in this Act shall prevent any prosecution or pro­

ceeding under any other Act provided that no person shall be twice
punished or proceeded against in respect of the same offence.