Reserves Act 1936 (WA)

1936.1 Reserves. [No. 29.

RESERVES.

1. 0 Bowl). VIII., No. XXIX.

No. 29 of 1936.

AN ACT relating to certain Reserves and other Lands.

[Assented to 11th December, 19361

it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Reserves Act, 1936. Short title.

2.    That portion of Albany lot 187 described in the Albany lot

may think fit, and when so transferred the said land shall be held freed and discharged from the trust afore- said.

First Schedule to this Act and now as portion of the 187.

said Albany lot 187 held for an estate in fee simple by

the mayor and councillors of the municipality of Albany

(now known as the municipality of Albany) in trust for

the purpose of a mechanics' institute may be sold and

transferred by the said municipality of Albany as the

proprietors thereof to the Western Australian Fire

3.    All those pieces of land, being Fremantle lots Fremantle

1089, 1090, and 1093 at present held for an estate in fee

simple by the city of Fremantle may be surrendered to 1093'

His Majesty to the intent that thereafter they may be set apart and reserved for recreation under the pro- visions of Part TH. of the Land Act, 1933-1934.

4.    All that piece of land, being Mullewa agricultural Ltilirf.gri-

area lot 60 at present held for an estate in fee simple lot 60.

by David Warren and Thomas Alexander Cowper in

trust solely for the purpose of a hospital site is hereby

revested in His Majesty as of his former estate to the

No. 29.] Reserves. [1936.

intent that the said land may be set apart and reserved for a hospital site under and subject to the provisions of the Hospitals Act, 1927.

Reserve No.

7948 (Weld 5.

All that piece of land, being reserve 7943 (Weld location 2), near Laverton, at present held under a ninety-nine years' lease by Hamlet Johnston, John Hodgson, and George Alexander McOmish as trustees of the Laverton and District Race Club for racing pur- poses, is hereby revested in His Majesty as of his former estate, and may be reserved for an aerial land- ing ground or other purposes under the provisions of Part III. of the Land Act, 1933-1934.

location 2).

Torbay Junc-

tion lot 10. 6.

All that piece of land, being Torbay Junction lot 10 at present held under a nine hundred and ninety-nine years' lease by Frederick North, John Mowforth, and formerly Herbert Hortin now deceased in trust for the purpose of an agricultural hall site is hereby revested in His Majesty as of his former estate to the intent that the said land with the improvements thereon (if any) may be again set aside and reserved as an agricultural hall site, and may be vested in or granted or leased under the provisions of section thirty-three of the Land Act, 1933-1934, to such persons as the Governor may approve for the said purpose.

Victoria loca-	7.	All those pieces of land, that is to say
tions 220,

221, 222, and	(a)	Victoria ideation 220 at present held for an
223.

estate in fee simple by the Diocesan Trus- tees of the Church of England in Western Australia;

(b)	Victoria location 221 at present held for an estate in fee simple by James Young Simp- son, George Shenton, Richard Watson Har- dey, John Henry Monger, and Charles Crow- ther as Trustees for the Wesleyan Methodist Church;
(c)	Victoria location 222 at present held for an estate in fee simple by the Congregational Union and Home Mission of Western Austra- lia Incorporated upon trust solely for ecclesi- astical purposes in connection with the Con- gregational Church in Western Australia; and

7931i. j Reserves. [No. 29.

(d) Victoria location 223 at present held for an estate in fee simple by the Roman Catholic Bishop of Geraldton by virtue of the Roman Catholic Church Property Act, 1925, upon trust solely for ecclesiastical purposes in connection with the Roman Catholic Church in Western Australia,

are all and each and every one of them hereby revested in His Majesty as of his former estate to the intent that such lands shall be set aside for and proclaimed a public cemetery under the Cemeteries Act, 1897, and placed under the control of trustees appointed under and in accordance with the provisions of the last-mentioned Act.

8. All that piece of land, being Southern Cross lot 5 Southern cross lot 6,

granted for an estate in fee simple to the mayor and councillors of the municipality of Southern Cross in trust for municipal purposes is hereby revested in His Majesty as of his former estate to the intent that the said piece of land, with the exception of that portion thereof now shown and designated as lot 4 in the sub- division of the said land, contained in deposited dia- gram 9797, shall be granted to the Yilgarn Road Board for an endownment, and also to the intent that that por- tion of the said land now shown and designated as lot 4 in the subdivision of the said land contained in de- posited diagram 9797 aforesaid shall be granted to the Western Australian Fire Brigades Board for the pur- pose of a site for a fire station.

9. (1.) All that piece of land being Cottesloe lot 158 rhan At

and being part of reserve A 7804 at Swanbourne	A92s09.an
hereby excised from the said reserve A7804 in order that such lot may be disposed of to the Commonwealth of Australia for defence purposes at a price to be fixed by the Governor.
(2.) That portion of reserve A9299 for secondary education endowment at Swanbourne which lies west of Servetus street, Swanbourne, and south of Alfred road and exclusive of that area formerly contained in this said reserve but by section six of The Reserves Act, 1.934, authorised to be resumed for sewerage treatment works, is hereby excised from the said reserve A9299;.

No. 29.] Reserves. [1936.

and may be disposed of by the Education Endowment Trustees to the Commonwealth of Australia for defence purposes at a price to be fixed by the said trustees.

Wonnerup

lots 43, 44,	10. All those pieces of land, that is to say:
45, and 46.

(a) Wonnerup lot 43 granted to the Diocesan Trus-

tees of Bunbury for a cemetery;

(b) Wonnerup lot 44 granted to trustees of the Wesleyan (now Methodist) Church for a cemetery;

(c) Wonnerup lot 45 granted to trustees of the Congregational or Independent Church for a cemetery; and

(d) Wonnerup lot 46 granted to trustees of the

Roman Catholic Church for a cemetery,

are all and each and every one of them hereby revested in His Majesty as of his former estate, and may be dis- posed of as Crown land under the provisions of the Land Act, 1933-1934, as the Governor may think fit.

Reserve

A11515.	11. All those portions of reserve A11515 for recrea- tion at York, described in Parts I. and II. of the Second Schedule to this Act, are hereby excised from the said reserve A11515 to the intent that they shall be set apart and proclaimed a public road under the provisions of the Municipal Corporations Act, 1906.
Reserve
A4991.	12. All those portions of reserve A4991 for park lands at Bunbury, described in Parts I. and IL of the Third Schedule to this Act, are hereby excised from the said reserve A4991 to the intent that the portion de- scribed in Part I. of the said Third Schedule shall be set apart and proclaimed a public road under the pro- visions of the Municipal Corporations Act, 1906, and that the portion described in Part II. of the said Third Schedule may be disposed of by the Governor in ex- change for other land under section eight of the Land Act, 1933-1934.
Reserve

A16713. 13. All those portions of reserve A16713 on Rott-

nest Island, being respectively Swan locations 3751 and 3752, as surveyed and shown on original plan 5196, and also Swan location 3758, as surveyed and shown on Lands and Surveys Diagram 59095 are all and each and

19361 Reserves. [No. 29.

every one of them hereby excised from the said reserve

A16713, the same having been acquired by law by the

Commonwealth of Australia for defence purposes.

14. All that portion of Geraldton sub. lot 1, at Ger- Gyatort

aldton, held for an estate in fee simple by the mayor and councillors of the municipality of Geraldton in trust solely for municipal purposes described in the Fourth Schedule to this Act may be transferred by the said mayor and councillors of the municipality of Geraldton to the Western Australian Fire Brigades Board, with- out payment by the transferee of any consideration other than the necessary fees and costs involved in effec- tuating such transfer, and the said land when so trans- ferred shall be held freed and discharged from the trust aforesaid.

15.    All that portion of reserve A1669 for recreation, !Zrar

at Nedlands, being Melville lot 152 and containing 21 4/moths perches as surveyed and shown on Lands and Surveys Diagram 59160, is hereby excised from the said reserve A1669 to the intent that it shall be set apart and reserved as a site for an infant health clinic.

FIRST SCHEDULE.

Alt that piece of land, being portion of Albany lot 187 bounded by lines starting from the south-eastern corner of Albany lot 186 and extending 176deg. 51min. along the western alignment of Council street 05 4/10ths links; thence 266deg. 51min. 1 chain 67 4/moths links; thence 167deg. 21min. 1 chain 58 4 1 Oths links to the northern align- ment of Vancouver street; thence 257deg. 21min. along said northern alignment (48 2/moths links; thence 347deg. 14min. 2 chains 66 links to the south-western corner of the aforesaid Albany lot 186, and thence 86deg. 42min. 2 chains 53 links to the starting point, such piece of land being designated and shown as lot 1 of Albany lot 187 on de- posited diagram 10297 in the Land Titles Office.

Bearings are true or thereabouts and measurements more or less,

SECOND SCHEDULE.

PART I.

All that portion of reserve A11515 (within York townsite) bounded by lines starting from the north-west corner of York town lot

370 and extending 183deg. 31min. 5 chains 52 links along the western

boundary of the said lot 370 to its south-west corner; thence 273deg. 28-

min. 1. chain 50 links along the northern alignment of Ford street to

a tangent point of a circular curve, the bearing and distance of whose

radius is 3deg. 2Smin. 50 and 1/10th links from said tangent point;

thence by said curve north-easterly 78 and 7/moths links; thence 3deg.

34min. 4 chains 27 and 2/moths links to a tangent point of another

No. 29.] Reserves. [1936.

circular curve, the bearing and distance of whose radius is 273deg. 34 min. 40 and 9/10ths links from said tangent point; thence by said curve north-westerly 78 and 5/10ths links; thence 273deg. 28min. 2 chains 18 and 3/10ths links; thence 332deg. 45min. 28 and 8/10ths links to a point in prolongation westerly of the southern alignment of Maud street, and thence 93deg. 28min. 3 chains 83 and 1/10th links to and along said alignment of Maud street to the starting point.

PART II.

All that portion of reserve A11515 (within York townsite) bounded by lines starting from a point situate 273deg. 28min. 88 and 1/10th links from the south-west corner of York town lot 360 and extending 273deg. 28min. 1 chain 66 and 3/10ths links; thence 332deg. 45min. 2 chains 29 and 1/10th links; thence G2deg. 41min. 1. chain 50 links along the south- eastern alignment of Brunswick road to a tangent point of a circular curve, the bearing and distance of whose radius is 152deg. 41min. 50 links from said tangent point; thence by said curve south-westerly 78 and 6/10ths links; thence 152deg. 45min. 1 chain 88 and 6/10ths links to a tangent point of another circular curve, the bearings and distance of whose radius is G2deg. 45min. 87 and 8/10ths links from said tan- gent point; thence by said curve south-easterly 90 and 9/10ths links to the starting point.

All bearings are true or thereabouts and the measurements more

or less.

THIRD SCHEDULE.

PART I.

All that piece of land, being portion of reserve A4991 bounded by lines starting from the north-west corner of Bunbury town lot 248

and extending 269deg. 5min. 5 chains 13 and 9/10ths links; thence

18deg. 1 chain 5 and 7/10ths links; thence 89deg. 5min. 4 chains 79

and 3/10ths links, and thence 178deg. 52min. 1 chain to the starting

point.

PART II.

All that piece of land, being portion of reserve A4991 and being Bunbury town lot 386, as surveyed and shown on Lands and Surveys Diagram 59151 and contained in and forming part of the said reserve A4991.

FOURTH SCHEDULE.

Al] that piece of land, being portion of Geraldton Suburban Lot

1, containing 1 rood 15 perches, as shown on L.T.O. Diagram 10366

bounded by lines starting from the south corner of Geraldton town lot

566 and extending 35deg. 45min. 2 chains 16 links; thence 125deg. 43min. 1 chain 59 and 4/10ths links; thence 215deg. 45min. 2 chains and 16 links, and thence 305deg. 43min. 1 chain 59 and 4/10ths links along Durlacher street to the starting point.

All bearings are true or thereabouts and the measurements more

or less.