Royal Botanic Gardens and Domain Trust (Amendment) Act 1985 (NSW)

ROYAL BOTANIC GARDENS AND DOMAIN TRUST

(AMENDMENT) ACT, 1985, No. 3

ANNO TRICESIMO QUARTO

ELIZABETHS H BEGINS

Act No. 3, 1985.

An Act to amend the Royal Botanic Gardens and Domain Trust Act, 1980, so as to vest, and provide for the future vesting of, certain land in the Trust constituted by that Act; and for other purposes. [Assented to, 19th March, 1985.]

2   Act No. 3

Royal Botanic Gardens and Domain Trust (Amendment) 1985

BE 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 authority of the same, as follows:—

Short title.

1. This Act may be cited as the “Royal Botanic Gardens and Domain—

Trust (Amendment) Act, 1985”.

Commencement.

2. (I) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection ( 1 ), this Act shall commence

on such day as may be appointed by the Governor in respect thereof and a.s

may be notified by proclamation published in the Gazette.

Amendment of Act No. 19, 1980.

3.      The Royal Botanic Gardens and Domain Tru.st Act. 1980. is amended

in the manner set forth in Schedule J.

SCHEDULE 1.

(Sec. 3.)

A m e n d m e n t s to i he Royae Boi anic G ardens and Domain T rust

Act, 1980.

(1) (a) Section 19 (1 ) - (1 B) —

Omit section 19 (1), insert instead: —

(1) The land described in Parts 1, 2 and 3 of Schedule 2 shall vest in the Trust for an estate in fee simple.

Royal Botanic Gardens and Domain Trust (Amendment) 1985

SCHEDULE 1—continued.

Amendments to the Royal Botanic Gardens and Domain Trust

Act, 1980—continued.

( la) Land described in Part 1, 2 or 3 of Schedule 2 is freed and discharged from any trusts, obligations, estates, interests, charges and rates which existed in respect of the land immediately before a description of the land was first inserted in that Schedule.

( lb) The Governor may, by proclamation published in the Gazette, amend Schedule 2 for the purpose of adding—

(a) Crown lands, within the meaning of the Crown Lands Con.solidation Act, 1913, or other land of the Crown;

or

(b) Trust lands which are not described in Part 1, 2 or 3 of that Schedule,

to the land for the time being described in Part 1, 2 or 3 of that

Schedule.

(b) Section 19 (3) —

Omit “subsection (1 )”, insert instead “this section”.

(c) Section 19 (4) —

Omit "(1 ), the land described in”, insert instead “ (1a), the land described in items 1 and 2 of”.

(d) Section 19 (5), (6 )—

After section 19 (4), in.sert:̂ —

(5) Notwithstanding subsection (1a), land (in this subsection referred to as “proclaimed land”) added to the land described in Part 1, 2 or 3 of Schedule 2 by a proclamation published under subsection (1b) shall vest in the Trust subject to such trusts, obligations, estates, interests, charges and rates, if any, as are declared in the proclamation to be applicable to or in respect of the proclaimed land.

^ Act No. 3

Royal Botanic Gardens and Domain Trust (Amendment) 1985

SCHEDULE 1—continued.

Amendments to the Royal Botanic Gardens and Domain Trust

Act, 1980—continued.

(6) Subsection (1a) does not affect any condition agreed to by the Trust under section 8 (3) in relation to any land to which subsection (1a) applies.

(2) Section 20 (2) (b) (ii)—

After “lands”, insert “or to other places situated within or adjacent to those lands”.

(3) (a) Schedule 2, Part 2—

Omit “32, 33 and 34”, insert instead “30, 32, 33, 34 and 35”.

(b) Schedule 2, Part 2—

Omit “and lot 23 in Deposited Plan 39534”, insert instead “, lot 23 in Deposited Plan 39534, lot 51 in Deposited Plan 47732 and lot 3 in Deposited Plan 564423”.

(4)

Schedule 3, clause 2 (2) (c )—

After “described in”, insert “items 1 and 2 of”.