Rockhampton, Toowoomba, Warwick, and Gatton Public Land Mortgages Act of 1923 (14 Geo v No. 35) (Qld)

PARKS AND PUBLIC IJAND. - - - ------ --------- ~- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14GEO. V.No. 35,1923. Rockhampton, Etc., Public Land Mortgages Act. 10871 PARKS AND PUBLIC LAND. An Act to Enable the Trustees of Certain Parcels 14N~° :i5:' of Land in the City of Rockhampton, in the THE City of Toowoomba, in the Town of Warwick, RO~ ~ ~~ MP­ and in the Town of Gatton , respectively 'W us A ed R T W OOW IC OO K MB , A, for certain public purposes , to Mortgage the AND PU G B A L T IC TON said Land and to Devote the Moneys so raised "I[ LAND "' OR~ ' GAGES to making Permanent Improvements on the ACT OF 1923. said Land. [ASSENTED TO 12TH NOVEMBER, 1923.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Rockhampton, Short. title. Toowoomba, Warwick, and Gatton Public Land Mortgages Act 0/ 1923." 2. In this Act, unless the context otherwise indi- Interpreta. cates, the following terms have the meaning respectivelytion. assigned to them, that is to say:- " Minister "-The Attorney-General or other Minister. Minister of the Crown charged for the time being with the administration of this Act; " Trustees" -The persons in \vhorn the land in Trustees. question is vested or under whose control the same has been placed, and their lessees and successors ; "Prescribed"-Prescribed by regulations under Prescribed. this Act ~ . "Public Land," used in relation to the City of Public land. Toowoomba-the land particulars whereof are set forth in the Schedule to this Act numbered one. In relation to the City of Rockhampton- the lands particulars whereof are set forth in the Schedule to this Act numbered two. In relation to the town of Warwick-the lands particulars whereof are set forth in the Schedule to this Act numbered three.

10872 PARKS AXD Pt'BLIC LA~ D. Rockhampton,. Etc., Public Land JIortgages Act. 14 GEO. V. No. 35, In relation to the town of Gatton-the land particulars whereof are set forth in the Schedule to this Act numbered four. Power to trustees to mortgage IiRIne. 3. (1.) In order to raise funds for effecting improve- ments or adding to improvements already etlected on the public land, the trustees thereof may make applica- tion to the Minister for liberty to raise such funds by means of a mortgage of such public land. (2.) Such application shall be in writing, signed by the trustees or otherwise authenticated as prescribed,. and shall state- (a) The amount of money proposed to be raised by means of a mortgage; (b) The purpose for which it is necessary to raise such money; (c) Whether any and what mortgage, encumbrance. or charge already exists on or over the land; (d) If it is not proposed to mortgage the whole of the land, the portion thereof proposed to be mortgaged; (e) The terms, conditions, and duration of the proposed mortgage ; U) By what means it is proposed to liquidate the proposed mortgage and interest from time to time accruing due thereon, and what further security (if any) in addition to the land and improvements can be given; (g) Such other particulars as may be prescribed. (3.) Upon receipt of the said application the Minister may cause such inquiries to be made with respect to the matter as he thinks proper. (4.) If the Minister is satisfied that the application should be granted without any modification, or with such modifications as he deems to be in the best interests of the trust, he shall submit the matter to the Governor in Council for approval. (5.) 1'hereupon the Governor in Council may, by Order in Council, grant liberty to the trustees to mortgage the public land or any specified part thereof upon such terms, conditions, and stipulations as he thinks proper; and the trustees shall be at liberty to effect such mortgage

PARKS AND PCBLIC I.lAND. 10873 192:3. Rockharnpton, Etc., Public Land jYlortgages Act. accordingly in pursuance of such Order in Council, notwithstanding any restriction contained or implied in the deed of grant or other instrument of title, or under or pursuant to the Act of Parliament on or under which the public land is held or controlled by the trustees upon trust; and a mortgage so made shall be valid and effectual for all purposes. 4. The Governor in Council may from time to time Regulations. make all such regulations as he deems necessary or expedient for giving full effect to this Act. All such regulations, upon publication in the Gazette, shall be judicially noticed and shall have the same effect as if they were enacted in this Act. All such regulations shall be laid before Parliament wi.thin fourteen days after the pub1ication thereof as aforesaid, if Parliament is then sitting, or if not, then within fourteen days after the commencement of the next session thereof. THE SCHEDULE. PARTICULARS OF PUBLIC LAND. Place. I I Nature of Trust. Pllrish. I ~ ulf~ ' K Area. I Date of Issue of Title. if I,sned. To: : om~ : - ~ . I Dr~Yton ~ . 3~ ~ to 1. Show ground I I 3188121 December, 1861. 2. Rockhampton .. SchoolofArtsiRock- }10 0 hampton 0 2 14 5045117 November, 1862. 19991 24 March, 1869. 3. \Varwick .. Eastern '\ Downs Hor- I ticultura! ,I (0 2 29,'0 100487 21 December, 1911. and Agrl- ; 1 I 2 0 0 82851 22 August, 1895. cultural ! ~ Warwick ~ 2 3 19}o. 99807 14 August, 1911. J Association 11 (Show ground) I 0 0 36,\, 104710 3 August, 1915. L 0 1 23,'0 104711 3 August, 1915. 4. Gatton .. .. School of Arts o 1 17-10 ! 104931 13 October, 1915. - ~ - - - - - - - - - - - - ~ - - - - - - - ---- ------_.-- ------ - - -