Taronga Zoological Park Act 1956 (NSW)

TARONGA ZOOLOGICAL PARK ACT.

Act No. 19, 1956.

An Act to dedicate Taronga Zoological Park as uûabeth ii,

a public park; to provide that the existing trustees of that Park shall be deemed to have been appointed under the Public Parks Act, 1912, as amended by subsequent Acts; to extend the term of office of Sir Edward Hallstrom as a trustee of that Park; to amend the Crown Lands Consolidation Act, 1913, the Public Parks Act, 1912, and cer­ tain other Acts in certain respects; and for purposes connected therewith. [Assented to, 20th September, 195G.]

T )E it enacted by the Queen’s Most Excellent Majesty, ■L) by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the ‘Taronga Zoological siiorttitle.

Park Act, 1956.”

150                 Taronga Zoological Park Act.

No. 19, 1956. 2 , (1) The land described in the Seliodule to this Act

Dedication	(in this Act referred to as the Park land) is hereby dedi­
of Taronga
Zoological	cated as a public park under the name of the “ Taronga
Park as a	Zoological Park” and shall he deemed to be a public
public park
under the	park within the meaning of the Public Parks Act, 1912,
Public Parks	as amended by subsequent Acts.
Act, 1912.
(2) Any dedication affecting the Park land imme­ diately before the commencement of this Act is horol)y revoked.

Trustees of	3. (1) The persons who immediately before the
Zoological

Taronga	commencement of this Act held office as trustees of the
Park deemed	Park land and were appointed to that office under the
to be
trustees	provisions of subsection one of section twenty-six of tlie
under Public	Crown Lands Consolidation Act, 1913, as amended liy
Parks Act,	subsequent Acts (in this Act referred to as the former
1912.	trustees) shall, as on and from that commencement, cease to hold office as such trustees under that Act as so amended, and be deemed to be trustees of tlie Park land appointed by the Governor under subsection one of section four of the Pulilic Parks Act, 1912, as amended by subseqnent Acts.
(2) The corporate name of the body coi'poratc comprised of such lastmentioned trustees and their successors (in this Act referred to as the body corporate) shall be deemed to have liecn prescribed under tlie Public Parks Act, 1912, as amended by subsequent Acts, as the “ Trustees of Taronga Zoological Park” .
(3) The person who immediately before the commencement of this Act held office as trustee of the Park land and was appointed to that office under the provisions of paragraph (b) of subsection (1a) of section twenty-six of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, shall, as on and from that commencement, cease to hold office as such trustee under that Act, as so amended, and be deemed to be a trustee of the Park land appointed by the Governor under section 7a of the Public Parks Act, 1912, as amended by subsequent Acts, by virtue of such person’s holding the office or ]iosition of Under Secretary for Lands.

Taronga Zoological Park Act. 151

4. On and irom the commencement of this Act the 9̂56.

folloAviii"- nl■(n’isiolls sliall have effect:— Jilg l l tS ,

(a) (in this section referred to as the trust pro-property,

-\il pi’operty and all right and interest therein thing which immediately before that commence­ ment was vested in or belonged to the former trustees and was held or used by them for or in connection with the Park land shall vest in and belong to the body corporate.

(b)	All moneys, liquidated and unliquidated claims which, immediately before that commencement, were payable to or recoverable by the former trustees in relation to the Park land or the trust property or any part thereof shall be moneys, licpiidated and unliquidated claims payable to or recoverable by the body corporate.
(c)	All suits, actions and proceedings pending immediately before that commencement at the suit of the former trustees in relation to the Park land or the trust property or any part thereof shall respectively be suits, actions and proceedings pending at the suit of the body corporate.
(d)	All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the former trustees in relation to the Park land or the trust property or any part thereof and in force immediately before that commencement shall be deemed to be contracts, agreements and undertakings entered into with and secui’ities given to or by the bod}'- corporate.
(e)	The bod}̂ coi’porate may pursue the same remedies for the recovery of any such moneys and claims and for the prosecution of such suits, actions and proceedings as the former trustees might have done but for this Act.
(f)	The bod.y corporate may enforce and realise any security or charge existing immediately before that commencement in favour of the former

trustees

162                  Taronga Zoological Park Act.

No. 19, 1958, trustees in respect of any sndi moneys anil claims as if such security or charge ivore existing in favour of the body corporate.

(g) All debts due and moneys payable by, and all claims, liquidated or unliquidated, recoverable against the former trustees solely relating to the Park land or the trust property or any part thereof shall he debts due and moneys payable by and claims recovei-ablo against the body corporate.

(h) (i) Every person who immediately before thal commencement was a servant of the former trustees in their capacity as trustees of the Park land shall upon that commencement become a servant of the body corporate.

til) The period of service with the former trustees of any person who bŷ virtue of this paragraph becomes a servant of the body corporate shall be deemed to be service with the body corporate for the purposes of annual leave, sick leave or long sei-vice leave.

(iii)  AVhere any condition of employment of any such person was before that commencement ]’egulated by an award or industrial agree­ ment, as defined in the Industrial Arbitra­ tion Act, 1940, as amended by subsequent Acts, the condition shall continue to be so regulated until an award, as so defined, regulating the condition and binding the body corporate is made by a competent tribunal or the condition is regulated by an industrial agreement, as so defined, to which the body corporate is a party.

Continuation 5. The I’ules and regulations made by the former

rulê and̂ trustees under the authority of the Crown Lands

regulations. Consolidation Act, 1913, as amended by subsequent Acts,

with

Taronga Zoological Park Act. 153

with respect to the Park land, and in force immediately before the commencement of this Act shall he deemed to be by-laws made with respect to the Park land under the Public Parks Act, lOlll, as amended by subsequent Acts, and shall be and conlinue to bo in force until amended, replaced or rei)ealed in pursuance of the Public Parks Act, 1912, as so amended.

G. Subsection two of section 7e of the Public P a r k s K\t™sionof s i r Kthvard

Act, 1912, as amended by subsequent Acts, shall in its Unllstrom’s

application to Sir Edward Hallstrom in his capacity as a tmnof

trustee of the Taronga Zoological Park be deemed to be

amended by omitting therefrom the words “ seventy T iro n g a

years” and by inserting in lieu thereof the words

“ seventy-three years” .

SCHEDULE. See. 2.

All that piece or parcel of laud containing by admeasurement 70 acres be the same more or less situate in the Municipality of Mosman county of Cumberland parish of Willoughby being the land dedicated for Zoological Gardens 22nd December, 1950, and known as Taronga Zoological Park Commencing on the high water mark of Little Sirius Cove at the south-western corner of portion 103 and bounded thence on the north by the southern boundary of that portion bearing 90 degrees 9 chains 49.5 links on the north-east by a line bearing 98 degrees 42 minutes 1 chain 17.56 links on the west north-west and again north by Whiting Beach Road bearing 357 degrees 7 minutes 30 seconds 23.49 links 28 degrees 25 minutes 6 chains 75.2 links and 90 degrees 5 minutes 12 chains 73.9 links again on the north-east the east and again the north-east by Bradley’s Head Road bearing 103 degrees 7 minutes 7 chains 20.43 links 142 degrees 57 minutes 6 chains 87.4 links 175 degrees 55 minutes 8 chains 83.7 links and 134 degrees 3 minutes 9 chains 28.4 links generally on the south by lines bearing -223 degTees 57 minutes 34.1 links 258 degrees 14 minutes 66.2 links 295 degrees 13 minutes 58.2 links 321 degrees 28 minutes 53.2 links 314 degrees 19 minutes 04.7 links 300 degrees 36 minutes 54.6 links 203 degrees 20 minutes 93.3 links 275 degrees 24 minutes 1 chain 83 links 273 degrees 4 chains 43.5 Jinks 211 degrees 41 minutes 15 seconds 1 chain 8 links and 190 degrees 1 chain 41.8 links to the high water mark of Athol Bay again generally on the south and widest!by that high water mark and the high water mark of Little Siriias Cove aforesaid to the point of commencement.

THE