Sydney Sports Ground and Sydney Cricket Ground Amalgamation Act 1951 (NSW)

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SYDNEY SPORTS GROUND AND SYDNEY CRICKET GROUND AMALGAMATION ACT.

Act No. 32, 1951.

George VI. An Act to provide for the amalgamation of the

No. ^ 1951. areas known as the Sydney Sports Ground and the Sydney Cricket Ground and the purposes for which such amalgamated areas may be used; and to make provision for the appointment of trustees of such amal­ gamated areas and the vesting of the care control and management thereof in such trustees; for these purposes to amend the Crown Lands Consolidation Act, 1913, and certain other Acts; and for purposes connected therewith. [Assented to, 6th November, 1951.]

T>'E it enacted by the King’s Most Excellent Majesty, i j by and with the advice and consent of tbe Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—

Short title	li. (li) This Act may be cited as the “ Sydney Sports (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
and
commence­	G-round and Sydney Cricket Ground Amalgamation Act,
ment.	1&51.”

Divesting	2.	(1) The persons who, immediately before the
and rededioa

tion of	commencement of this Act, held office as trustees of the
certain
lands,	landidescribed in the First Schedule to this Act (in this
reconsti­	Act referred to as the old sports ground trustees) or held
of certain
tution	office or acted as trustees of the land described in the
trusts, and	Second Schedule to this Act or any part thereof (in this
action conse­
quent	Act referred to as the old cricket ground trustees), shall
tliereon.	cease to be trustees of the said lands but shall be eligible for appointment as trustees of the land described in the Third Schedule to this Act.

( 2 )

Sydney Sports Ground and Sydney Cricket Ground 231

Amalgamation Act.

(2) Certificate of title dated the twenty-eighth day No. 32, 1961.

of February, one thousand nine hundred and thirty, and registered in the office of the Eegistrar-General as volume 4381 folio 198 is hereby cancelled.

(3) (a) The land described in the Third Schedule to this Act is hereby vested in His Majesty freed and dis­ charged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affect­ ing such land or any part thereof.

(b) Such land shall be deemed to be Crown

land and to be dedicated under the Crown Lands Consoli­ dation Act, 1913, as amended by subsequent Acts, for public recreation, and the said Act, as so amended, shall apply, mutatis mutandis, to and in respect of such land.

For the purposes of such application section twenty- six of the said Act, as so amended, shall be read as if the word “ eleven” were substituted for the word “ seven” wherever occurring in such section.

(c) Such land shall be deemed to be a public

reserve within the meaning of section two of the Trustees

of Public Eeserves Enabling Act, 1924.

3 . On and from the commencement of this Act the R'shts, liabilities

following provisions shall have effect:—

a ad

property.

(a)

All real and personal property and all right and interest therein (hereinafter referred to as the “ trust property” ) and all management and control of any land or thing which immediately before such commencement was vested in or belonged to the old sports ground trustees or the old cricket ground trustees and was held or used by the old sports ground trustees or the old cricket ground trustees for or in connection with the trusts affecting the land described in the First Schedule to this Act or the land described in the Second Schedule to this Act shall vest in and belong to the new trustees.

(b)

All moneys, liquidated and unliquidated claims which, immediately before such commencement,, were payable to or recoverable by the old sports

ground

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Amalgamation Act.

No, 82, 1951. ground trustees or the old cricket ground trustees in relation to the trust property or any part thereof shall be moneys, liquidated and unliquidated claims payable to or recoverable by the new trustees.

(c)	All suits, actions and i)roceedlngs pending immediately before such commencement at the suit of the old sports ground trustees or the old cricket ground trustees in relation to the trust property or any part thereof shall respectively bo suits, actions and proceedings pending at the suit of the new trustees.
(d)	All contracts, agreements and undertakings entered into Avith and all securities lawfully given to or by the old sports ground trustees or the old cricket ground trustees in relation to the trust property or any part thereof and in force immediately before such commencement shall be deemed to be contracts, agreements and undertakings entered into Avith and securities gi\mn to or by the new trustees.
(e)	The new trustees may pursue the same remedies for the recoAmry of any such moneys and claims and for the prosecution of such suits, actions and proceedings as the old sports ground trustees or the old cricket ground trustees might have done but for this Act.

tf) The new trustees may enforce and realise any security or charge existing immediately before such commencement in favour of the old sports ground trustees or the old cricket ground trustees in respect of any such moneys and claims as if such security or charge Avere existing in faAmur of the neAv trustees.

(g) All debts due and moneys payable by, and all claims, liquidated or unliquidated, recoverable

. against the old sports ground trustees or the old cricket ground trustees solely relating to the trust property shall be debts due and moneys payable by and claims recoverable against the

neAv trustees.

( l i )

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Amalgamation Act.

(h) No attornment by a lessee of any land vested

in the new trustees by this section shall be

necessary.

32,1851.

4 .       Tlie new trustees may in their discretion permit and Use of

sull'er the land described in the Third Schedule to this Act, or any part of such land, to be used by such persons, clubs, associations, leagues or unions at such times and upon such terms and conditions as such trustees may think fit and proper for or in conection with cricket, football or tennis or any other game whatsoever, or for or in connection with athletic sports or public amusement, or for or in connection wdth any purpose whatsoever which the Minister may approve.

Provided that, subject to section five of this Act and any agreement entered into with the old cricket ground trustees, cricket jfiayed under the direction or manage­ ment of the New South Wales Cricket Association shall be the dominant purpose for which the new trustees may, during the months of January, February, March, October, November and December in any year, permit and suffer the land known as the Sydney Cricket Ground No. 1 to be used.

.5. (1) Notwithstanding anything contained in this Powers of

Act the new trustees may carry out any work in "rĵ tees.

connection with the improvement, development and main­

tenance of the land described in the Third Schedule to

this Act or for making such land suitable for the purposes

referred to in section four of this Act.

"Without ])rejudice to the generality of the foregoing power such work may include the re-designing of the areas used for any of the said purposes, the reconstruc­ tion or demolition of any building or structure upon the said land, and the provision of stands and other accommodation for spectators and other persons frequenting such land.

(2) For the purpose of enabling any work to bo carried out pursuant to subsection one of this section the ^Minister may, after report by the new trustees, by notice in writing to the parties to any agreement,

lease

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Amalgamation Act.

No. 82, 1961. lease or license relating to the land described in the Third

Schedule to this Act, or any part of such land, determine that such agreement, lease or license or any terms or conditions thereof sliall, as from such date as he may therein specify, cease to be binding upon the parties or any party to such agreement, lease or license or that such agreement, lease or license shall as from such date as he may therein specify be varied or modified to the extent he deems equitable.

As from the said date any agreement, lease or license to which any such notice relates shall terminate or have etfect subject to the tenor of such notice.

Acquisition	6 . The new trustees may, with the approval of the Minister, acquire any land adjoining the land described in the Third Schedule to this Act and upon such acquisi­ tion the land so acquired shall be subject to the same trusts as the land described in the Third Schedule to this
of land.
Act. ■

Continuation 7 . (1) (a) The I’ulcs and regulations made by the old

Tuierand̂ sports ground trustees in respect of the land described

regulations, in the First Schedule to this Act or any part thereof etc.and in force immediately before the commencement of

this Act shall until repealed, replaced or amended by rules and regulations under this Act, continue in force in respect of such land or part, as the case may be, in the hands of the new trustees and shall be deemed to have been made under this Act.

(b) Persons who immediately before the commencement of this Act were entitled to any rights and privileges in respect of the land described in the First Schedule to this Act or any part thereof whether as holders of medals or tickets of admission issued or training permits granted by the old sports ground trustees or as members, junior members or honorary members of the said land or any part thereof shall, subject to any rules and regulations made or deemed to have been made under this Act, be entitled to the like rights and privileges in respect of the said land or part, as the case may be, in the hands of the new trustees.

(c)

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Amalgamation Act.

(c) Nominations for membership of the land described in the First Schedule to this Act or any part thereof received by the old sports ground trustees and not finally dealt with at the commencement of this Act shall be deemed to be nominations for membership received by the new trustees in respect of such land or part, as the case may be.

(2) (a) Tlie rules and regulations made by tlie old cricket ground trustees in respect of the land described in the Second Schedule to this Act or any part thereof and in force immediately before the commencement of this Act shall until repealed, replaced or amended by rules and regulations under this Act, continue in force in respect of such land or part, as the case may be, in the liands of the new trustees and shall be deemed to have been made under this Act.

(b) Persons who immediately before the •commencement of this Act were entitled to any rights and privileges in respect of the land described in the Second Schedule to this Act or any part thereof whether as holders of medals or tickets of admission issued by the •old cricket ground trustees or as members, junior members or honorary members of the said land or any part thereof shall, subject to any rules and regulations made or deemed to have been made under this Act, be •entitled to the like rights and privileges in respect of the said land or part, as the case may, in the hands of the new trustees.

(c) Nominations for membership of the land •described in the Second Schedule to this Act or any part thei’oof received by the old cricket ground trustees and not finally dealt Avitb. at the commencement of this Act shall be deemed to be nominations for membership received by the jicav trustees in respect of such land or part, as the case may be.

8 . (1) The new trustees may make rules and regula- New rules

tions not inconsistent with this or any other Act or Avith any terms, conditions and limitations imposed upon the trustees pursuant to any Act, for the care control

management

236                   Sydney Sports Ground and Sydney Cricket Ground

Amalgamation Act.

Ho. 83, 1951. management and development of the land described in

the Third Schedule to this Act, or any part of such land,

and for any purpose connected therewith.

Without prejudice to the generality of the foregoing- provisions the new trustees may make rules and regula­ tions for or with respect to :—

(a) the use of such land or any part thereof;

(b)	admission to such land or any part thereof, including the determination and approval of charges for such admission;
(c)	the admission to membership of such land or any part thereof;
(d)	the protection of any fence, gate, building, structure, machinery or equipment or other property vested in or under the control of the new trustees and wholly or partly on such land or any part thereof;
(e)	the protection of any shrubs, trees and herbage growing upon such land or any part thereof;
(f)	the removal of trespassers and other persons causing annoyance or inconvenience upon such land or any part thereof;
(g)	the regulation of meetings of the trustees and the conduct of business thereat.

(2) All such rules and regulations shall—

(a)	after approval by the Governor be published in the Gazette;
(b)	take effect from the date of publication or from a later date to be specified in such rules and regulations;
(c)	be laid before both Houses of Parliament within, fourteen sitting days after publication if Parliament is in session, and if not, then within- fourteen sitting days after the commencement of the next session.

I f

Sydney Sports Ground and Sydney Cricket Ground 237

Amalgamation Act.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the rules and regulations have been laid before such House disallowing any rule or regulation or part thereof such rule or regulation or part thereof shall thereupon cease to have effect.	32, 1951.
(3) A copy of such rules and regulations shall be posted in some conspicuous place in such land or part thereof to which they relate.

FIRST SCHEDULE.

All that piece or parcel of land containing by admeasurement 9 acres 14 perches be the same more or less situated in the City of Sydney County of Cumberland Parish of Alexandria at Paddington. Commenc­ ing on the South Western side of Moore Park Road at the Northern­ most corner of 16| porches acquired by the Commonwealth for Defence Purposes and shown on plan catalogued Ms. 7605 Sy. at the Department of Lands Sydney and bounded thence on the North East by Moore Park Road bearing North 75 degrees 18 minutes West 35.,;^ ̂ links North 76 degrees 20 minutes IVest 1 chain 12 links North 76 degrees 46 minutes West 1 chain 3 7 f\ links North 79 degrees 33 minutes 30 seconds "West 2 chains 98y®j- links North 83 degrees 42 minutes West 4 chains 75y®̂ links and thence North 86 degrees 27 minutes 30 seconds West 2 chains 49y^ links to Driver Avenue on the North West and South West by Driver Avenue bearing South 8 degrees 30 minutes West 3 chains 76y^ links South 5 degrees East 1 chain South 23 degrees 30 minutes East 1 chain South 47 degrees 30 minutes East 1 chain South 61 degrees 9 minutes East 5 chains links and thence South 14 degrees 14 minutes East 1 chain 30y\j links and on the South East by the North Western boundary of 5 | perches shown on plan catalogued Ms. 7604 Sy. at the Department of Lands Sydney bearing North 73 degrees 44 minutes East OGŷ jj- links thence by lines dividing this land from areas of 5 acres 1 rood 13| perches and 1 acre 19 ̂ perches shown respectively on plans catalogued Ms. 1135 Sy. and Ms. 2534 Sy. at the Department of Lands Sydney and from portion 1487 of 23 acres 2 roods 27I porches bearing North 25 degrees 3 minutes East 24yt, links North 31 degrees 4 minutes East 51yg links North 36 degrees 21 minutes East 1 chain 5ŷ ̂ links North 73 degrees 42 minutes East 1 chain 46 links North 60 degrees 51 minutes East 1 chain 18 links North 54 degrees 16 minutes East 1 chain 14y®g- links North 45 degrees East 98y’’̂ links North 27 degrees East 97 links North 20 degrees East 1 chain lly®̂ - links thence North 15 degrees 39 minutes East 63yY7c links and thence by lines dividing it from the aforesaid 16 ̂ perches bearing North 39 degrees 51 minutes West SOy^ ̂ links thence North 16 degrees 22 minutes East 1 chain lOy^g- links to the point of commencement.

SECOND

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Amalgamation Act.

Ifo. 82, 1951. SECOND SCHEDULE.

All that pio3e or parcel of land containing by admeasurement 18 acres ̂ 1 rood 39 perches be the same more or less situated in the City of Sydney County of Cumberland Parish of Alexandria at Paddington. Com­ mencing on the North Eastern side of Driver Avenue at the South Western corner of 1 acre 21 | perches shown on plan catalogued Ms. 7695 Sy. at the Department of Lands Sydney and bounded thence on the South West by Driver A\'enue bearing South 13 degrees 55 minutes 20 seconds East_ 1 chain 99̂ ^̂ ̂ links South 13 degrees 27 minutes East 5 chains 39ŷ y links South 13 degrees 24 minutes East 60y®̂ links and thence about South 13 degrees 30 minutes East about 12 chains 45 links to the most Westerly North Western corner of 50 acres 1 rood vested in the Royal Agricultural Society of New South Wales and shown on plan catalogued Ms. 3472 Sy. at the Department of lands Sydney on the South East by a North Western boundary of that 50 acres 1 rood bearing North 76 degrees 20 minutes East 9 chains 89y^ links on the North East by lines dividing this land from that 50 acres 1 rood bearing North 13 degrees 2 minutes West 96 links North 13 degrees 28 minutes West 3 chains 31.,- ̂ links North 13 degrees 44 minutes West 1 chain 97y-^y links thence North 13 degrees 11 minutes West 2 chains 34 ŷ ^̂ l̂inks thence by a line in part dividing it from that 50 acres 1 rood bearing North 14 degrees 6 minutes West 3 chains

links and thence by lines dividing it from portion 1487 of 23 acres 2 roods 27J perches bearing North 55 degrees 10 minutes West 54ŷ ̂links thence North 44 degrees 2 minutes 30 seconds West 10 chains 24y'̂ ̂ links and on the North West by lines dividing it from the afore­ said 1 acre 21J perches bearing South 60 degrees 51 minutes West 96y®̂ links South 73 degrees 42 minutes West 1 chain 46 links South 36 degrees 21 minutes West 1 chain Sŷ ĵ links South 31 degrees 4 minutes West 51y®̂ links South 25 degrees 3 minutes West 24y‘̂ links and thence South 73 degrees 44 minutes West 60y'gyy links to the point of commencement.

THIRD SCHEDULE.

All that piece or parcel of land containing by admeasurement 27 acres 2 roods 13 perches be the same more or less situated in the City of Sydney County of Cumberland Parish of Alexandria at Paddington. Commencing on the South Western side of Moore Park Road at the Northernmost corner of 16-| perches acquired by the Commonwealth for Defence Purposes and shown on 2)lan catalogued Ms. 7605 Sy. at the Department of Lands Sydney and bounded thence on the North East by Moore Park Road bearing North 75 degrees 18 minutes West 35y®̂ *̂ links North 76 degrees 20 minutes West 1 chain 12 links North 76 degrees 46 minutes West 1 chain 37y'*̂ links North 79 degrees 33 minutes 30 seconds West 2 chains 98ŷ ̂ links North 83 degrees 42 minutes West 4 chains 75y®̂ links and thence North 86 degrees 27 minutes 30 seconds West 2 chains 49y®̂ links to Driver Avenue on the North West and South West by Driver Avenue bearing South 8 degrees 30 minutes West 3 chains links South 5 degrees East 1 chain South 23 degrees 30 minutes East 1 chain South 47 degrees 30 minutes East 1 chain South 61 degrees 9 minutes East 5 chains 71 y j links

South

Appropriation Act. 239

South 14 degrees 14 minutes East 1 chain 30y\y links South 13 degrees No. 32, 1951,

55 minutes 20 seconds East 1 chain links South 13 degrees 27

minutes East 5 chains 39ŷ ̂ links South 13 degrees 24 minutes East 60y^ links and thence about South 13 degrees 30 minutes East about 12 chains 45 links to the most Westerly North Western corner of 50 acres 1 rood vested in the Koyal Agricultural Society of New South Wales and shown on plan catalogued Ms. 3472 Sy. at the Department of Lands Sydney on the South East by a North Western boundary of that 50 acres 1 rood bearing North 76 degrees 20 minutes East 9 chains 89y'’(j- links again on the North East by lines dividing this land from that 50 acres 1 rood bearing North 13 degrees 2 minutes West 96 links North 13 degrees 28 minutes West 3 chains 31 y\- links North 13 degrees 44 minutes West 1 chain 97yY^ links thence North 13 degrees 11 minutes West 2 chains 34/^/^ links thence by a line in part dividing it from that 50 acres 1 rood bearing North 14 degrees 6 minutes West 3 chains 90y:̂ ^̂ links and thence by linos dividing it from portion 1487 of 23 acres 2 roods 27J perches bearing North 55 degrees 10 minutes West 54y’'-(j- links thence North 44 degrees 2 minutes 30 seconds West 10 chains 24y’’̂ links and again on the South East by lines dividing it from portion 1487 and from the aforesaid 16| perches bearing North 60 degrees 51 minutes East Slŷ ĵ- links North 54 degrees 16 minutes East 1 chain 14y®̂ links North 45 degrees East 98y- ̂ links North 27 degrees East 97 links North 20 degrees East 1 chain 14 y% links North 15 degrees 39 minutes East 63y /̂ ̂ links North 39 degrees 51 minutes West 30ŷ “̂̂ links and thence North 16 degrees 22 minutes East 1 chain

“'TTHT links to the point of commencement.