Reserves Act 1952 (WA)

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No judgment structure available for this case.

No. 56.]

Reserves.

[1952.

RESERVES.

1° Elizabeth II., No. LVI.

No. 56 of 1952.

AN ACT relating to certain reserves and other

lands.

[Assented to 23rd December, 1952.]

BE it enacted, by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.    This Act may be cited as the Reserves Act,

1952.

Reserve

A.20952 at

2.

Reserve No. 20952, classified as of Class "A" and set apart for the purpose of Recreation and vested in the Bayswater Road Board under section thirty-three of the Land Act, 1933-1950, is hereby reduced by the excision of the south-eastern portion of Swan Location 3401 comprising the area separat- ing Lots 124 and 128 on Land Titles Office Plan 5389, with the intention that the land so excised shall be reserved for Railway purposes.

Bayswater.

Reserve

Reserve No. 20953 classified as of Class "A" and" set apart for the purpose of Recreation and vested in the Bayswater Road Board under section thirty-three of the land Act, 1933-1950, is hereby cancelled with the intention that the land shall be reserved for Railway purposes.

3.

A.20953 at

Bayswater.

1952.]

Reserves.

[No. 56

4.    (1) Reserve No. 1454 at Boyup Brook classi- Meg%Trim

Red as of Class "A" and set apart for the purposes Brook. the excision of Boyup Brook lots 195 and 196 with the intention that the portions of those lots situated south of Barron Street shall be reserved again for the purpose of a picnic-ground and the portions of the lots north of Barron Street shall be included in a new reserve for recreation purposes.

of recreation and picnic-ground and vested in the

(2) The purpose of Reserve No. 1454 is hereby altered to recreation.

5.    (1) Reserve No. 23510 at Crawley set apart 35 or).

for the purpose of Municipal Baths and vested in Crawley.

the City of Perth in trust for that purpose is hereby

amended by the inclusion of

all that portion of the Swan River bounded by lines starting at the south-eastern corner of Reserve No. 22013, a point on the right bank of the river and extending 171 degrees 50 minutes, 4 chains 32 and 6/10ths links; thence 81 degrees 56 minutes, 16 chains 2 and 2/10ths links; thence 351 degrees 37 minutes to the right bank and thence generally westerly downwards along that bank to the starting point, as shown on Lands and Surveys Original Plan No. 5159.

(2) The City of Perth is hereby authorised to maintain and control the reserve as a Municipal Swimming Baths and to expend moneys thereon for the construction and maintenance of any buildings, fencing, jetties, platforms, towers, stands or any other improvements necessary for the pur- poses of the swimming baths.

6.    Reserve No. 20388 comprising Cottesloe Lot =rat No.

190 set apart for the purpose of recreation and vested Gc)tter"es

in the Nedlands Road Board is hereby cancelled and the land is revested in Her Majesty as of her former estate with the intention that the portion north of Wood Street may be disposed of to The Commonwealth for defence purposes and that the balance of the land shall be again reserved for the purpose of recreation and vested in the Nedlands Road Board in trust for the purpose.

No. 56.]

Reserves.

[1952.

Dardanup

Hal/site.

7.

Portion of Wellington Location 45 comprising an area of 18 and 4/10ths perches as shown on Land Titles Office Plan 911 and being the whole of the land comprised in Certificate. of Title Volume 61 Folio 118 registered in the names of Harry Whittal Venn, Forbes Fee, Ephraim Gardiner, Frank John- ston and James Maguire who executed a Declaration of Trust on the 11th day of April 1895 acknowledging that they held the land as Trustees of and for the Dardanup Agricultural Hall, is hereby revested in Her Majesty as of her former estate with the inten- tion that the land shall be reserved for the purpose of the Dardanup Agricultural Hallsite and shall be vested in the Dardanup Road Board in trust for the purpose.

Reserve No.

11059 at

8.

Reserve No. 11059 classified as of Class "A"

Doodlakine.

and set apart for the purpose of Parklands is hereby

reduced by the excision of

all that portion of Doodlakine Agricultural Area lot 94 containing an area of 22 acres 3 roods 36 perches bounded by lines starting at a point on its south-eastern boundary 11 chains 50 links south-west from its south-eastern corner and extending 338 degrees 22 minutes, 5 chains 50 links; thence 248 degrees 22 minutes, 10 chains 50 links; thence 338 degrees 22 minutes, 19 chains 50 links to the north-west boundary of the lot; thence north-easterly along that boundary for 11 chains 50 links; thence 158 degrees 22 minutes, 25 chains to the south- eastern boundary of the lot and thence south- westerly along that boundary for 1 chain to the starting point,

with the intention that the land so excised shall be

set apart as a reserve for a Quarry.

Reserve No.

(1) Reserve No. 21054, classified as of Class "A" and set apart for the purposes of a Disused Burial Ground is hereby reduced by the excision of Perth Lots E.69, E.70, E.71 and E.72 with the inten- tion that the lots so excised shall be reserved for education purposes.

21054 at

9.

East Perth.

1952.]

Reserves.

[No. 56

(2) Authority is hereby given to enable the Governor to grant to the Perth Diocesan Trustees a lease for a term not exceeding fifty years of the portion of Reserve No. 21054 on which St. Bartholo- mew's Anglican Church is erected.

10.    Reserve No. 17035 at Fremantle set apart for lAeos3e5r r

the purpose of a schoolsite is hereby reduced by the Fremantle'

excision of Fremantle Lot 1817 with the intention that the lot be reserved together with the balance of Fremantle Lot 1517 for the purpose of Park, Recreation and Community Centre and granted in fee simple to the City of Fremantle in trust for the purpose.

11.   Portion of Fremantle Lot 1517 being the Et' etnAtge

balance of the land comprised in Certificate of Title Volume 304 Folio 26 registered in the name of City of Fremantle and held in trust solely for the purposes of a Public Park is hereby revested in Her Majesty as of her former estate with the intention that the land together with Fremantle Lot 1817 be reserved for the purposes of Park, Recreation and Community Centre and granted in fee simple to the City of Fremantle in trust for that purpose.

Reserve No.

12.

Reserve No. 10216 classified as of Class "A" and set apart for the purpose of a "Picnicking

A.10216 at

Guliderton.

Ground" near the mouth of the Moore River is hereby reduced by the excision of Melbourne Loca- tion 2354 with the intention that the area so excised shall be used for subdivisional purposes.

Reserve No.

13. Merredin Road Board may lease to The Commonwealth for the purpose of an army training

14223 at

Merredln.

depot such portion of Reserve No. 14223 at Merredin as the Board and The Commonwealth agree and for such periods and upon such terms and conditions as the Governor may approve.

14. Victoria Location 6991 as comprised in Reserve No. 7944 granted for an estate in leasehold

Reserve No.

7944 at

Nabawa.

for a term of ninety-nine years and now the subject of Crown Lease No. 4207/1913 (Section No. 464/42), registered in the names of William Frances Jupp,

No. 56.]

Reserves.

[1952.

Robert Gould, John Cooper, Thomas Ronan and Adrian Limmers Hayward as trustees of the Nabawa Race Club, is hereby revested in Her Majesty as of her former estate with the intention that the land shall be reserved again for the purpose of a Race- course, Show Ground and Recreation and vested in the Upper Chapman Road Board.

Reserve No.

10887 at

15.

All that portion of Reserve No. 10887 at Perth classified as of Class "A" which has been surveyed as Perth Lot No. 768 containing 5 and 3/10ths perches, may be used for the purpose of an orchestral shell, and the lot may, subject to such conditions as may be approved by the Governor, be placed under the control of the City of Perth for a period not exceeding five years from the date of completion of the orchestral shell on the lot.

Perth.

Reserve No.

16.

Reserve No. 3078 at Subiaco, classified as of Class "A" and set apart for the purpose of Public Buildings is hereby cancelled with the intention that the land comprised therein and being Perth Town Lot 186 shall be included in Reserve No. 6052 for the purposes of The Princess Margaret Hospital for Children Incorporated.

A.3078 at

Subiaco.

Reserve No.

Reserve No. 5183, classified as of Class "A" and set apart for the purpose of Recreation and vested in the City of Subiaco under section forty- two of the Land Act, 1898, is hereby amended by changing the purpose of the reserve from Recreation to Civic Centre with the intention that the reserve shall be vested in the City of Subiaco in trust for that purpose.

A.5183 at

17.

Sublaco.

Reserve No.

18.

Reserve No. 5691, classified as of Class "A" and set apart for the purpose of a schoolsite , is hereby amended by the excision of an area of about 37 and 8/10ths perches situated in the south-eastern comer of the reserve and now surveyed as Perth Lot 771 with the intention that the land so excised shall be reserved for the purpose of an Infant Health Clinic and vested in the City of Subiaco in trust for that purpose.

5691 at

Subiaco.

1952.]

Reserves.

[No. 56

19.   All that portion of Perth Suburban Lot 209 Iter

shown on the plans of the Department of Lands and sumac°.

Surveys as part of Reserve No. 10878 and being

Lot 20 on Land Titles Office plan No. 419 and being the land comprised in Certificate of Title Volume 996 Folio 129, registered in the name of the Subiaco Municipality,

is hereby revested in Her Majesty as of her former estate with the intention that the land shall be reserved for the purpose of a public highway and that, notwithstanding the provisions of section two hundred and twenty-five of the Municipal Corpora- tions Act, 1906-1951, the land shall be dedicated under that Act for the purpose as part of Churchill Avenue in the City of Subiaco.

20.

Reserve No. 11530 at Darlington, classified 8e5s3e0

.N No*

as of Class "A" and set apart for the purpose of Darlington.

recreation is hereby cancelled with the intention that the land comprised therein shall be subdivided in such manner as the Minister for Lands may decide for the purpose of again reserving the land in separate reserves for Recreation, and Kindergarten Site.

21.    Drakesbrook Road Board may lease to The 11.72TN°'

Commonwealth for the purpose of an army training w"'".

depot such portions of Reserve No. 8746 at Waroona

as the Board and The Commonwealth agree, and

for such periods and upon such terms and condi-

tions as the Governor may approve.

22.    All that portion of Class "A" Reserve No. 1720, non=

as Perth Town Lot 772 containing two roods, is

hereby vested under the provisions of section thirty-

three of the Land Act, 1933-1950, in the Members

for the time being of the Board appointed under the

provisions of the Parks and Reserves Act, 1895-1947,

to control and manage Reserve A.1720, in trust for

the purpose of a Public Park with power to lease the

King's Park, Perth, being the portion now surveyed Park.' for any term not exceeding twenty-one years and under such terms and conditions as the Governor may approve.

No. 56.]

Reserves.

[1952.

Fremantle

Town Lot

23.

(1) The Fremantle Chamber of Commerce being the registered proprietor of all that portion of land being Fremantle Town Lot 1537 comprising the whole of the land in Certificate of Title Volume 1142 Folio 799 granted to it to be used and held upon trust solely for Chamber of Commerce pur- poses, may and shall be deemed to always have had authority to mortgage its estate or interest in the land.

1537.

(2) The provisions of subsection (5) of section thirty-three of the Land Act, 1933-1950 apply to any mortgage of the estate or interest in the land, given by The Fremantle Chamber of Commerce before or after the coming into operation of this Act, as though the land was reserved pursuant to that Act.

Reserve No.

Reserve No. 18324 comprising Swan Location 3121 at Mount Lawley, classified as of Class "A" and set apart for the purpose of recreation is hereby reduced by the excision of

18324, Mt.

24.

Lawley.

that portion bounded by lines starting at the southernmost corner of the reserve and extend- ing 315 degrees 4 minutes, 15 chains 40 and 4/10ths links; thence 315 degrees 5 minutes, 2 chains 93 and 4/10ths links; thence 59 degrees 47 minutes, 8 chains; thence 90 degrees 2 minutes, 6 chains 4 and 8/10ths links to a point on the eastern boundary of the reserve and thence 180 degrees 2 minutes, 17 chains and 5/10ths links to the starting point,

with the intention that the land so excised shall be reserved for the purpose of a schoolsite or for such other purpose as the Governor may approve.

Reserve No.

Reserve No. 16713, Rottnest Island, classified as of Class "A" and set apart for the purpose of Recreation is hereby reduced by the excision of all that portion now surveyed as Swan Location 5363 containing 4 acres 1 rood 4 perches so that the location will be available for acquisition by the Commonwealth for defence purposes.

1..16713,

25.

Rottnest.

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