Royal Agricultural Society (Amendment) Act 1958 (NSW)

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ROYAL AGRICULTURAL SOCIETY (AMENDM ENT)

ACT.

Act No. i5 , 1958.

An Act to vest certain land in the Royal Agriciiitural ijiznbediii,

Society of New South Wales, subject to certain conditions; to provide that such land together with certain other land vested in the society shall be exempt from certain rates; for these and other purposes to amend the Royal Agricultural Society Act, 1911, and certain other Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 11th April, 1958.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the aiitliority of tlie same, as

follows : —■

1. (1) This Act may be cited as the “Royal Agricultural short title

Society (Amendment) Act, 1958”,

•T‘̂ .

citation.

(2) The Royal Agricultural Society Act, 1911, as amended by subsequent Acts and by this Act, may be cited as the Royal Agricultural Socictv Act. 1911-1958.

'

2.

146                 Royal Agricultural Society (Amendment) Act.

No. 15,1958.

2. The Royal Agricultural Society Act, 1911, as amended

by subsequent Acts, is amended—

Amendment

of Act No.

1,1911.

Sec. 3.

(a) by inserting at the end of section three the following

vested in

(Land

new subsection; —

the society.)

(3) As from the commencement of the Royal Agricultural Society (Amendment) Act, 1958, the land described in Part Four of the Schedule to this Act shall, subject to the conditions hereinafter in this Act contained, vest in the Royal Agricultural Society of New South Wales for an estate in fee- simple.

New sec. 3a.

(b)

by inserting next after section three the following new section: —

Rights of

3a. ( 1) Notwithstanding the provisions of subsec­

the Council

of the City

tion three of section three of this Act, a certain

over part of

of Sydney

indenture made the twentieth day of December, one

land

thousand nine hundred and twenty-nine, between the

described in

Part Four of

Commonwealth of Australia of the one part and

the

the Municipal Council of Sydney of the other part

Schedule.

by which inter alia certain rights and liberties were granted by the said Commonwealth to the said Council over or with respect to part of the land described in Part Four of the Schedule to this Act, shall as on and from the commencement of the Royal Agricultural Society (Amendment) Act, 1958, have and take effect—>

(a)

as if the said part of the land so described had at the time of the making of the said indenture been vested in the said society for an estate in fee-simple;

(b)

as if the said indenture had been made between the said society (instead of the said Commonwealth) of the one part and the Council of the City of Sydney (instead of the Municipal Council of Sydney) of the other part; and

(c)

Royal Agricultural Society (Amendment) Act.

147

(c)

as if any reference, express or implied, in No. 15,1958. the said indenture to—

“Commonwealth”,

“Commonwealth

of Australia”, “Commonwealth or its authorised officers or servants” or “Commonwealth Works Direc­ tor” were read and construed as a reference to the said society;

“Corporation” were read and con­ strued as a reference to the Council of the City of Sydney;

and

“Secretary Department of Works of the Commonwealth” were read and construed as a reference to the Director of the said society.

(2) Nothing in this section shall impose on the said society any liability in respect of anything done or omitted to be done, v/ith respect to the said part of the land so described, before the commence­ ment of the Royal Agricultural Society (Amend­ ment) Act, 1958.

(c) (i) by omitting from subsection one of section four Sec.4.

the words “and Part Three” and by inserting (Occupation

in lieu thereof the words “, Part Three and

Part Four” ;

shows.)

(ii)   by inserting in the same subsection after the words “Minister for Lands” where firstly occurring the words “or his nominee” ;

(d)

by omitting from section five the words “and Part See. 5.

Three” and by inserting in lieu thereof the words (Forfeiture

“, Part Three and Part Four” ;

with

conditions.)

(e )

by inserting next after section five the fo llow ing new New secs. 6

sections : —•

and 7.

6. (1) Whilst the land described in Part One, Exemption Part Two, Part Three or Part Four of the Schedule from̂ ates. to this Act or any part of the land so described is

or

148                 Royal Agricultural Society (Amendment) Act.

No. 15, 1958.

or has been occupied or used by the said society for any of the purposes referred to in subsection one of section four of this Act, such land or part as the case may be shall be and be deemed always to have been exempt from rates under the Local Government Act, 1919, as amended by subsequent Acts.

(2) Nothing contained in subsection one of this section shall entitle the said society to a refund of any moneys paid by it before the commencement of the Royal Agricultural Society (Amendment) Act, 1958, in respect of rates under the Local Government Act, 1919, as amended by subsequent Acts.

Validation

7. (1) The payment by the said society to the thousand one hundred and seventy-nine pounds three shillings and sixpence in connection with the pur­ chase by the said State from the Commonwealth of Australia of the land described in Part Four of the Schedule to this Act is hereby validated.

of certain

acts of

State of New South Wales of the sum of twenty

society.

(2) The execution on the tenth day of March, one thousand nine hundred and fifty-eight, by the said society of a deed of release inter alia releasing and indemnifying the Commonwealth of Australia from and against certain actions suits costs claims and demands arising out of the occupation of certain land by the Commonwealth Government during World War II is hereby validated.

Schedule.

(f) by inserting next after Part Three of the Schedule the following new P a rt: —

Part

F our.

ALL that piece or parcel of land containing by admeasure­ ment 14 acres 3 roods 8 perches be the same more or less situated in the City of Sydney county of Cumberland parish of Alexandria COMMENCING at the junction of the south western side of Moore Park Road with the north western side of Poate Road and bounded thence on the south east and north east by the north western side and part of the south western side of Poate Road aforesaid bearing 201 degrees 37 minutes 30 seconds 4 chains 22 67/100 links and 125 degrees 20 minutes 5 chains 83 52/100 links to the northern corner of 2 acres shown in plan catalogued Ms. 3012 Sy. in the Department of Lands being

part

R. T. Hall Trusts Act.

149

part of 3 acres 1 rood 1 perch vested in the Royal Agri nq. 15,1958. the north western boundary of the aforesaid 2 acres bearing: 217 degrees 4 minutes 20 seconds 8 chains 96 7/10 links to the north eastern boundary of 50 acres 1 rood shown in plan catalogued Ms. 3472 Sy. in the Department of Lands vested in the Royal Agricultural Society of New South Wales under the aforesaid Act on the south west by part of the north eastern boundary of the aforesaid 50 acres 1 rood and a line bearing in all 304 degrees 24 minutes 50 seconds 12 chains 82 17/100 links on the north west by lines bearing 13 degrees 20 minutes 61 36/100 links and 28 degrees 5 minutes 20 seconds 10 chains and 44 54/100 links to the south western side of Moore Park Road aforesaid and thence again on the north east by that side of that road bearing 112 degrees 28 minutes 1 chain 58 3/10 links 110 degrees 13 minutes 3 chains 1 36/100 links 106 degrees 4 minutes 10 seconds 3 chains 1 48/100 links and 102 degrees 39 minutes 54 48/100 links to the point of commencement as shown in plan catalogued Ms. 15397 Sy. in the Department of Lands.

cultural Society of New South Wales under the R o y a l -----

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