Queanbeyan Showground (Variation of Purposes) Act 1995 (NSW)

An Act to dedicate all of the land comprising Queanbeyan Showground for a public showground, public recreation and community purposes; and to make related provisions.

1Name of Act

This Act is the Queanbeyan Showground (Variation of Purposes) Act 1995.

2Commencement

This Act commences on a day to be appointed by proclamation.

3Definitions

In this Act:

the former trust means the reserve trust as constituted under Part 5 of the Crown Lands Act 1989 for the land described in Part 1 of Schedule 1 immediately before the commencement of this Act.

the new trust means the Queanbeyan Showground Reserve Trust established by section 5.

the Reserve means all of the land described in Schedule 1.

4Vesting and dedication of the Reserve(1)

On the commencement of this Act, the Reserve is vested in the Crown by this Act freed and discharged from any trusts, estates, interests, dedications, reservations, conditions, restrictions, covenants and provisions affecting that land or any part of it.

(2)

The Reserve is taken to be dedicated under section 80 of the Crown Lands Act 1989 for a public showground, public recreation and community purposes.

(3)

This section does not affect any licence that applied to the Reserve or any part of it immediately before the commencement of this Act.

5Establishment of Queanbeyan Showground Reserve Trust(1)

A reserve trust under the name Queanbeyan Showground Reserve Trust is taken to be established and named under section 92 of the Crown Lands Act 1989 in respect of the Reserve. The new trust is taken to be appointed under that section as trustee of the Reserve.

(2)

Queanbeyan City Council is taken to be appointed under section 95 of the Crown Lands Act 1989 to manage the affairs of the new trust.

6Plan of management(1)

The new trust is taken to have been directed under section 112 of the Crown Lands Act 1989 to prepare a draft plan of management for the Reserve within 3 months after the commencement of this Act.

(2)

The draft plan of management is to include provisions ensuring that the use of the Reserve for a public showground is not prevented or restricted by the use of the land for the other dedicated purposes and that the Reserve will be available for use by The Queanbeyan Show Society Inc. on such days (not exceeding 14 each year) as are notified to the manager of the new trust by the Society.

(3)

A plan of management for the Reserve may be adopted only if it includes such provisions or The Queanbeyan Show Society Inc. has consented by special resolution to the omission of such provisions.

(4)

This section does not prevent the Minister from requiring a draft plan of management for the Reserve to include other provisions which are not inconsistent with this section.

7Dissolution of the former trust

The former trust is dissolved.

8Savings and transitional provisions(1)

Section 53 of the Interpretation Act 1987 (which provides for the effect of alterations of names and constitutions of bodies) applies to the former trust and the new trust as if the new trust were the former trust with a name and constitution altered by this Act. However, section 53 (2) (b) of that Act does not limit the functions of the new trust to the part of the Reserve for which the former trust was established.

(2)

This Act does not give rise to a claim for compensation or to any other claim or demand against the Crown whether because of the vesting of land by this Act or otherwise.

(3)

In this section, the Crown means the Crown in right of New South Wales and includes the Government of New South Wales and a Minister of the Crown in right of New South Wales.

Schedule 1Land comprising the reserve

(Section 3)

Part 1Former dedicated land

All those parcels of land at Queanbeyan in the Town and Parish of Queanbeyan, County of Murray, being Allotment 4 of Section 56 and the residue of Allotment 6 of Section 56 after the exclusion of Allotments 7 and 8 of Section 56 and Lot 1, D.P. 319352.

Total area: About 7.3 hectares (17 acres 3 roods 38½ perches)

Part 2Former reserved land

All those parcels of land at Queanbeyan in the Parish of Queanbeyan, County of Murray, comprising the whole of the land in Auto Consol. 3969–97 at the Land Titles Office, Sydney, being Lots 1–24 in Deposited Plan 13963.

Area: About 1.5 hectares (3 acres 2 roods 31¾ perches)