Toowoomba Showgrounds Act 1982 (Qld)

1120 Queextstatti ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE An Act to provide for the disposal of land held by The Royal Agricultural Society of Queensland in trust for agricultural and horticultural society purposes and the substitution upon the same trust of other land in place of the land disposed of and for related purposes [ASSENTED TO 19TH AUGUST, 1982]

Toowoomba Showgrounds Act 1982 1121 Preamble. Whereas the land described in the First Schedule had been granted to Andrew Frederick McWilliam, Alick Ronald Dill and John Alexander McWilliam and their successors forever Upon Trust for agricultural and horticultural society purposes Arid whereas The Royal Agricultural Society of Queensland is now seised of an estate in fee-simple in that land upon the trust aforesaid And whereas that land and certain other land held in fee-simple having hitherto been used as the Toowoomba Showgrounds have been found to be t °' 1mall in area for that purpose And `.vhereis The Royal Agricultural Society of Queensland, having ac ui•ied ne land described in the Second Schedule for use as the Too,; ` ,iba Showgrounds, is desirous of selling the land described in the t'irst Schedule with a view to applying the net proceeds of the sale towards clearing a debt of the Society secured on that land and towards developing the land described in the Second Schedule for use as the Toowoomba Showgrounds. And whereas to achieve the wishes of The Royal Agricultural Society of Queensland it is expedient that provision be made for the sale of the land described in the First Schedule, the application of the proceeds of the sale and securing the use of the land described in the Second Schedule for agricultural and horticultural society purposes BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Toowoomba Showgrounds Act 1982. 2. Surrender of lands . Forthwith upon the passing of this Act The Royal Agricultural Society of Queensland shall- (a) without further authority than this Act, surrender and transfer to the Crown all its estate, right, title and interest in the land described in the First Schedule; (b) surrender and transfer to the Crown all its estate, right, title and interest in the land described in the Second Schedule. (2) No compensation shall be payable in respect of either of the surrenders and transfers required by subsection (1) to be made. (3) Instruments made to comply with subsection (1) shall not be chargeable with stamp duty under the Stamp Act1894-1982. 3. Fresh grant of surrendered land. Upon the registration in the office of the Registrar of Titles of the instruments effecting the surrenders and transfers under section 2, the Governor in Council shall- (a) in exercise of the power conferred on him by section 6 of the Land Act 1962-1982, grant in fee-simple to The Royal Agricultural Society of Queensland the land described in the First Schedule;

112-2 Toowoomba Showgrounds Act 1982 (b) in exercise of the power conferred on him by section 334 of the Land Act 1962-1982, grant to The Royal Agricultural Society of Queensland Upon Trust for agricultural and horticultural society purposes the land described in the Second Schedule. 4. Survival of mortgages . (1) A mortgage registered on the instrument of title for the land described in the First Schedule immediately before the surrender and transfer of the estate, right, tine and interest therein to the Crown under section 2 shall continue to tak- Criect as a mortgage over the land granted under paragraph (a) of sectiin 3 a nd its registration shall be endorsed on the instrument by which thL gra°nt of that land is made. (2) The Registrar of Titles is authorized and required to make and cause to be made, without further authority than this Act, all necessary entries and endorsements on the appropriate instrument of title and in the appropriate registers to give effect to subsection (1), in such manner as to preserve the priority of each mortgage concerned. 5. Offer for sale of land freshly granted . Upon the registration in the office of the Registrar of Titles of the grant under paragraph (a) of section 3 of the land described in the First Schedule, The Royal Agricultural Society of Queensland shall offer the land for sale and may do so- by public auction or private treaty; for cash or on terms of credit; as one lot or more than one lot; and with or without improvements thereon, and for that purpose may cause the land to be surveyed into lots and developed to a condition suitable for sale and may cause any improvements thereon to be put in a condition suitable for sale or demolished or removed and disposed of by sale or otherwise. 6. Application of purchase money. Moneys received by The Royal Agricultural Society of Queensland from the sale of the land described in the First Schedule or of any part thereof or from the sale of improvements thereon, whether sold as fixtures or otherwise, shall be applied- (a) firstly, in payment of the expenses of the sale or incurred by the Society with a view to the sale of the land or improvements; (b) secondly, in payment of the mortgage debt secured on the land; (c) thirdly, in the development and use of the land described in the Second Schedule for agricultural and horticultural society purposes. 7. Capacity of Society to perform contracts etc. The Royal Agricultural Society of Queensland is hereby authorized to make and perform all contracts and agreements necessary or desirable for giving effect to the provisions of this Act.

Toowoomba Showgrounds Act 1982 1123 FIRST SCHEDULE All that land situated in the County of Aubigny Parish of Drayton being Portion 890 containing 8.0127 hectares, be the same more or less-Title reference: Volume 4776 Folio 187. SECOND SCHEDULE All tl,at land situated in the county of Aubigny Parish of Westbrook being- Pr)rtion 125 in ne Drayton Agricultural Reserve containing 323748 hect ares, be the same more or less -Title reference: Volume f266 Folio 129; Portion 126 in the Drayton Agricultural Reserve containing 32.3748 hectares, be the same more or less -Title reference: Volume 6266 Folio 130; Portion 127 in the Drayton Agricultural Reserve containing 32.3748 hectares, be the same more or less-Title reference: Volume 6266 Folio 131. By Authority: S. R. Hampson, Government Printer, Queensland