Reserves Act 1961 (WA)

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1961.]

Reserves.

[No. 76.

RESERVES.

10° Elizabeth II., No. LXXVI.

No. 76 of 1961.

AN ACT relating to certain Reserves and other

Lands.

[Assented to 28th November, 1961.]

RE it enacted by the Queen's Most Excellent

Majesty, 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:—

1.

This Act may be cited as the Reserves Act aSnhoirctiLi

n.

1961.

(1) Reserve No. 833, at Dale River, West Reserve No.

2.   833 Dale

Beverley, classified as of Class "A" and set apart River West

Beverley.

for the purpose of "Conservation of Flora, Trout Fishing and Swimming" is hereby amended by the excision therefrom of the portion containing about

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Reserves.

[1961.

sixty-four acres, situate on the north-eastern side of the dividing road, with the intention that the excised portion may be made available for exchange for Avon Location 850 and the portion of Avon Location 849 situated south-west of the dividing road, which land shall be included in the reserve when the exchange has been completed.

(2) The purpose of the reserve is hereby altered to "Recreation, Trout Fishing and Conservation of Flora".

Reserve

3.

The purpose of Class "A" Reserve No. 24365, at Binningup Beach, in the Shire of Harvey, is hereby altered, from "Recreation" to "Recreation and Caravan Park", with the intention that the Reserve be vested in the municipality of the Shire of Harvey, in trust, for the amended purpose.

No. 24365

Binningup

Beach.

Reserve

4.

The purpose of Class "A" Reserve No. 23515, comprising Bridgetown Lots 283 to 290, inclusive, is hereby altered from "Recreation" to "Conserva- tion of Flora".

A.23515

Bridgetown.

Reserve

Reserve No. 6161, comprising Nelson Locations 12702 and 12703, classified as of Class "A" and set apart for the purpose of Re-afforestation is hereby cancelled with the intention that the land be set apart as a Timber Reserve under the provisions of the Forests Act, 1918.

A.6161

5.

Catterick

Siding.

Reserve

No. 7406

6. (1) Reserve No. 7406, at Cowaramup Bay, classified as of Class "A" and set apart for the purposes of "Protection and Preservation of Caves and Flora and for a Health and Pleasure Resort", is hereby amended by excising all those portions being

Cowaramup

Bay.

(a)

an area of about one hundred and fifty acres, bounded by lines starting at a point within "A" class reserve 7406 situate fifty- one chains thirty-five and six-tenths links north of a point on the southern boundary

1961.]

Reserves.

[No. 76.

of that reserve situate twenty chains west from its south-eastern corner, and extend- ing south to that boundary; thence westerly along a northern boundary of Sussex Location 1195 to its westernmost north-western corner; thence three hundred and fifty-nine degrees fifty-nine minutes to the shoreline of Cowaramup Bay; thence generally north-easterly along that shoreline to a point situate west of the starting point and thence east to the starting point; and

(b)

an area of about thirty-two acres situate west of a line extending three hundred and fifty-nine degrees fifty-nine minutes from the westernmost north-western corner of Sussex Location 1195 to the shoreline of Cowaramup Bay.

The land comprised in the portion described in paragraph (a) of subsection (1) of this section shall be used for townsite purposes in such manner as the Governor may approve.

(2)

(3) The land comprised in the portion described in paragraph (b) of subsection (1) of this section is hereby included in the adjoining Class "A" Reserve No. 13404.

7. (1) Reserve No. 17331, at Crawley, classified /1:rar7131,a

Western Australia and leased to the University of Western Australia, for a term of nine hundred and ninety-nine years, by Crown Lease No. 1455/1921 (Section No. 652/42), is hereby amended to re- include therein the land, comprising an area of three acres three roods twenty-three perches, that was excised from the reserve by the operation of section thirteen of the Reserves Act, 1957.

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

(2) The land comprised in the portion so re- included in the reserve is hereby re-included in Crown Lease No. 1455/1921 and the Registrar of Titles is authorised to make the necessary amend- ment to the Crown Lease, free of charge.

No. 76.]

Reserves.

[1961.

Reserve

No. 17375

8. Notwithstanding the provisions of section fourteen of the Reserves Act, 1957, whereby the portions of Class "A" Reserve No. 17375, as described in paragraphs (a) and (b) of subsection (1) of that section, were excised with the intention that the land so excised be used partly for inclusion in a Site for the Teachers' Training College, the land may be reserved for other purposes, in such manner as the Governor may approve, under the provisions of the Land Act, 1933, and the Local Government Act, 1960.

Crawley.

Fremantle

tot 392.

9.

Authority is hereby given to the City of Fremantle to surrender to Her Majesty all its estate and interest in Fremantle Town Lot 392, the subject of Enrolment No. 873, under the provisions of Act 19 Victoriae No. 14, 1856, with the intention that the land be freed of any trust and be reserved under the Land Act, 1933, for the purpose of a schoolsite when the conveyance to Her Majesty has been registered.

Reserve

No. 17035

10. Notwithstanding the provisions of sections ten and eleven of the Reserves Act, 1952, Reserve No. 17035, comprising Fremantle Lots 1697 and 1816 and set apart for the purpose of the John Curtin High Schoolsite, is hereby amended to include

Fremantle.

(a)

Fremantle Lot 1817 that was excised from the Reserve, by the operation of section ten of the Reserves Act, 1952; and

(b)

Fremantle Lot 1871, being formerly portion of Fremantle Lot 1517, situate between the western boundary of Lot 1817 and the eastern alignment of a proposed extension of Ord Street, as surveyed and shown on Lands and Surveys Original Plan No. 8822.

Reserve

No. /922

11. Reserve No. 1922, comprising Fremantle Lot 1368, set apart for the purpose of a "Bus Depot" and held in fee simple, in trust, for that purpose, in Certificate of Title Volume 43 Folio 306, by Fremantle Municipal Transport Board, is hereby

.Fremantle.

1961.1

Reserves.

[No. 76.

cancelled and the land is hereby revested in Her Majesty, as of her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that, after resurvey to include additional land, a fresh reserve be created, for "Municipal" purposes, and be vested in the City of Fremantle, in such manner as the Governor may approve.

Reserve

12.

Reserve 22382, at Geraldton, classified as of "A" Class and set apart for the purpose of

No. 22382

GeraIdton.

recreation, is hereby reduced, by the excision of Geraldton Lots 845 and 846, with the intention that, after providing for one-quarter acre to be set apart as a Reserve for a Methodist Church site, the remainder of the excised area be made available for sale, free of trust, to The Trustees under the Methodist Church Model Deed in Western Aus- tralia, 1912, referred to in the Methodist Church Property Trust Act, 1912, under the provisions of the Land Act, 1933, in such manner as the Governor may approve.

13.    (1) The purpose of Class "A" Reserve 25307, Ira

at Kalbarri, is hereby altered from "Public Utility" Kalbarri_

to "Recreation and Parklands".

(2) The Governor is hereby authorised to amend the area and boundaries of the reserve, on completion of the necessary survey, to excise there- from all that portion situated south-east of a line to be surveyed one chain north-westward from the centre line of a constructed road extending south- westerly from the north-western corner of Kalbarri Lot 1, with the intention that the land, when excised, be used for townsite purposes and the dedication of a public road from Kalbarri to Red Bluff.

14.   (1) Reserve No. 21231, at Mandurah, No e27

classified as of Class "A" and set apart for the Mandurah•.

purposes of Recreation and vested in the Shire of Mandurah, in trust, for that purpose, is hereby

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Reserves.

[1961.

amended by the excision therefrom of Murray Location 1396 containing four acres two roods and twenty-nine perches.

(2) The land so excised is hereby revested in Her Majesty, as of her former estate, with the intention that it may be granted to the Shire of Mandurah as for an estate in fee simple, free of trust, under the provisions of the Land Act, 1933, in such manner as the Governor may approve and is hereby authorised to approve, but subject to the condition that the net proceeds of the sale shall be used for the development of the remainder of the reserve.

Reserve

No. 24392

15. The purpose of Class "A" Reserve No. 24392, at Millstream Station, on the Fortescue River, is hereby altered, from "National Park" to "National Park and Conservation of Indigenous Flora and Fauna".

Millstream

Station.

Reserve

No. 20564

16. (1) Reserve No. 20564, at Morawa, classified as of Class "A" and set apart for the purpose of "Shelter", is hereby amended by the excision there- from of the portion which has been included by survey in Morawa Lot 270, with the intention that that lot be reserved, for the purpose of a Site for a Bowling Club and Club Premises.

Morawa.

(2) The reserve is amended further to comprise

Morawa Lot 152, as now surveyed, to contain two

acres three roods thirteen and nine-tenths perches.

Reserve

No. 25017. (1) Reserve No. 250, comprising North-

Northampton. ampton Lot 150, set apart for the purpose of a site

for a Good Templars' Lodge and granted in trust for that purpose to certain Trustees of the Society or Order of Good Templars and registered in Certi- ficate of Title Volume 4 Folio 157, is hereby cancelled.

1961.]

Reserves.

[No. 76.

(2) The land is hereby revested in Her Majesty, as of her former estate, and is hereby removed from the operation of the Transfer of Land Act, 1893, with the intention that it may be disposed of under the provisions of the Land Act, 1933, in such manner as the Governor may approve.

18.    The Governor is hereby authorised, to amend 3421ana05

widenings has been completed.

the areas and boundaries of Class "A" Reserves 3421 at Perth.

and 3495, by the excision therefrom of portions to

provide for the widening of Parliament Place, by

eighty links, and the widening of Havelock Street,

by fifty links, between Parliament Place and Kings

19.

(1) Reserve No. 22779, at Rockingham, re2r2v7979

purpose of "Recreation" and vested in the Shire of

classified as of Class "A" and set apart for the Rockingham. therefrom of

all that portion containing an area of about two roods and twenty-six perches, commencing at a point on the southern boundary of the reserve situated in prolongation north-easterly of the north-Western boundary of Rockingham Lot 125 (Reserve No. A9025) and extending fourteen degrees forty-eight minutes, fifty and five-tenths links; thence ninety-six degrees forty-eight minutes, one chain fifteen links, thence fourteen degrees forty-eight minutes, fifty-eight and four-tenths links; thence ninety degrees forty-nine minutes, three chains seven and two-tenths-links; thence one hundred and three degrees twenty-five, minutes, three and four-tenths links; thence one hundred and ninety-four degrees forty-nine minutes, one chain thirty links; thence one hundred and four degrees fifty-three minutes, three chains ninety-six and four-tenths links; thence one hundred and niney-four degrees forty-nine minutes, fifty links; thence two hundred and eighty-four degrees fifty-three minutes, six

No. 76.]

Reserves.

[1961.

chains seventy-one and two-tenths links; and thence two hundred and seventy-six degrees forty-eight minutes, one chain eighteen and five-tenths links to the starting point.

(2) The land comprised in the portion so excised is hereby revested in Her Majesty, as of her former estate, with the intention that portion, containing about one rood twenty-three and two- tenths perches, be included in the public road known as the "Esplanade", as a widening; and the balance, containing about one rood two and eight-tenths perches, be set apart as a Reserve for a Junior Yacht Club Site, in such manner as the Governor may approve, under the provisions of the Land Act, 1933.

Toodyay.

No. 2282

20.

(1) Reserve No. 2282, comprising Toodyay Lot 29, set apart for the purpose of "Educational Endowment" and held in trust for that purpose by the Trustees of the Public Education Endowment, in Crown Grant Volume 868 Folio 66, is hereby cancelled.

Reserve

(2) The Trustees of the Public Education Endowment are hereby authorised to transfer Toodyay Lot 29, free of trust, to the Shire of Toodyay, for a consideration of One Hundred and fifty pounds.

Reserve

No. 18325

21. (1) Reserve No. 18325, at Inglewood, classified as of Class "A" and set apart for the purpose of Recreation and vested in the Shire of Perth, in trust, for that purpose, is hereby reduced by the excision therefrom of all that portion being

Inglewood.

an area of about four acres, subject to survey, commencing at the easternmost corner of Swan Location 5560 (Reserve No. 24134) and extending south-easterly along the south- western alignment of Dundas Road for a distance of five chains forty-five links; thence two hundred and twenty-five degrees eight minutes, seven chains thirty-five links; thence north-westerly to the southernmost corner of Swan Location 5560; thence north-easterly along the south-eastern boundary of that location, to the starting point.

1961.]

Reserves.

[No. 76.

(2) The land comprised in the portion so excised is hereby revested in Her Majesty, as of her former estate, with the intention that it be included in the contiguous Reserve No. 24134, by way of exchange for portion of the same reserve to be excised, for the purpose of creating a separate reserve for a Hospital Site for the Home of Peace.

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