Trustees of Public Reserves Enabling Act 1924 (NSW)
T R l S^FEES OE PUBLIC
PESE PV ES EXABLING ACT.
Act Xo. 9, 1924.
George V, An Act to enable trustees of ])ul)lic reserves to sell,
| No. 9. | lease, or m ortgage the same ; for this pur})ose to air.end certain A cts: and for ])ur])oses connected tliereAvitli. [Assented to, 25tli l'cj)tcmbcr, 11124.J |
' T 3 b i it i‘nacti_‘(l liv tlie Ivi i iya i\Iost F.xci'llent iNIa jrsly, _1_4 hy and the a(h'ice and consent of the hn'o-is-
| ]ati\X“ ( 'ouncil and Leyislat ixx Assemli ly | of' N e w | Sout li |
| AAdales in P a r l i a m e n t assembled, | and | by | tim aut l ior i ty | of |
| the same, as folf )ws ;— |
| Short title. | 1 , Tlus Act mav l)e cited as the “ Trustees of I’ublic |
| Ideserves Enalding Act, I9h4.” | 2 . |
| Trustees of Public Reserves Enabling Act. | 73 |
2 . In this Act, unless the context or subject-matter George V,
otherwise indicates or requires,—
“ Prescribed” means prescrilxnl by tins Act or tlie iHiiinitious
regulations made thereunder.
“ Public Reserve ” means any land set apart, dedi cated, reserved, granted, or held for any public purpose under any Act, but shall not include any land set apart, dedicated, reserved, granted, or held as a public park.
“ Trustee ” means trustee of a public i-cserve.
3 . This Act shall only apply to a public reserve to Appiici iUon
which it is declared to apply by resolution of both Houses of Parliament, but such resolution shall not be necessary where the land Iras been set apart, dedicated, reserved, granted, or held for the purpose of any war memorial, institute, or other building for any like purpose.
| 4 . Nothing in this Act shall all'ect—- | Saving?. |
| (a) | any of the provisions of the Trustees of Schools of Arts Enabling Act, 1902, the 'ITustees of Show Grounds Enabling Act, 19(b), the Local Government Act, 1919, or any Act relating to any particular public reserve or the trustees thereof; |
| (b) | any power of h'asing conferred by the Public Parks Act, 1912, or wliich may have been or may be conferred by any notice under section three of the Public Trusts Act, 1897. |
5 . {]) Anv trustees mav at a meeting called for the K.soiutmnof
| purpose pass a special resolution that it is desirable toiw.-,o, | ’ |
| sell, lease, or mortgage any public reserve or any part < | 'f. a'i no. i?, |
| thereof upon specilied terms or conditions. | u'.', ?. .. |
(2) If such resolution is confirmed by anoth(U'( 'oni ini iat ion
meeting of the trustees held not h'ss than one month
from the holding of the meeting referred to in tin' last t iun in news-
preceding subsection, the trustees shall publish in two
| issues of a news])ap('r circulating in the locality where | ' |
| the public reserve is situate a notici; of tlu ̂ ])assing and confirmation of tbc resolution, setting forth the prcscribc'd particulars, and stating that the trustees intend to ap])ly to the iMinister for his consent to such sale, lease, or mortgage. |
Trustees of Public Reserves Enabling Act.
| George V, | 6. After the expiration of fourteen days from the |
| No, 9, | last of such publications, the trustees may apply in |
Application
| for Minister’s | ■writing to tlie j\Iinister for his consent to such proposed |
| consent, | sale, lease, or mortgage, making a full statement to him |
| cf. Act N". | |
| 15, 1909, s. 5. | of the facts relating tliereto. |
| Power of | 7 . The Minister may hear any person in opposition |
| Minister to |
| hear and | to the said sale, lease, or mortgage, and may refer the |
| refer. | application— |
| Thid. cf. s. 6, | (a) to any person or hoard for report; or | |
|
| Consent. | 8. (1) The Minister may in any case give his consent |
| Ihid. cf. s. | in writing either as to the 'whole or as to part of any public reserve in respect of which any a^iplication is made, and may at any time withdraw his consent, eitlicr wholly or partially, or vary the terms and conditions thereof, if he can do so witliout prejudice to the riglits of third ])arties. |
| particular | |
| General and | (2) In the case of an application for leave to sell or lease any public reserve, the Minister may give his consent citiier generally Iry authorising the sale or lease of such public reserve subject to such conditions, restrictions, reservations, and covenants, and in such manner and witliin such time as he may think desirable, or by ajrproving of particular contracts of sale or lease. |
| consent. | |
| (3) In tlie case of an ajiplication for leave to mortgage any public reserve such general consent shall not 1)6 given, but the terms of the proposed mortgage shall in each case be snlnnitted to the ^Minister for approval, and his consent shall not, unless under circum stances which ill the minute of approval lie certities to be exceptional, he given to a mortgage of any lands for more than one-half of the value of the laud, including any buildings or improvements erected or to bo erected thereon as certified by the A'aluer-Geiu'ral. | |
| ^ale, lease, | 9 . (1) After the conlinriation of sucli resolution as before mentioned, and not otherwise, the trustees may sell, lease, or mortgage the rescrvi' according to the terms of such consent: |
| and mortgage. | aforesaid, and after obtaining the written consent herein |
| Ihid. s. |
Provided
| Trustees of Public Reserves Enabling Act. | 75 |
| Provided tliat Avhcrc the Minister has given his consent generally, as in the next preceding section provided, no public reserve shall be sold or leased in pursuance of i’™viso. such consent, unless in each case the price agreed upon or rent reserved has been submitted to and approved of by him. | George V, |
(2) A mortgage under this Act may contain a Cowerof sale.
poAA'er of sale.
1 0 . (1) In any case in AAdiich trustees desire to Minister may
exercise the powers conferred hv this Act, the Minister ‘''ppo”'*
may appoint some person ivho shall have power to execute
execute all conAmyances and instruments, and do all
| things necessary to the due exorcise of such poAvers. | ’ |
| (2) The receipt of the person so appointed sliall he a sulficient discharge to any purchaser, lessee, or morlgagt'c bona fide paying money in respect of any sale, lease, or mortgage under this Act. |
| (3) | Any trans fer, raor t gage, or lease of lands held |
under the Ileal Property Act, signed by the person so appointed, shall liaAm the same eU'ect as if signed by the registered jiroprietor of such lands.
1 1 . No purchaser, lessee, or mortgagee dealing bona Bona tide
fide with a person appointed under the next pi’ccediiig
| section shall he prejudiced or alfeeted by any omission | ̂ jq. |
| or irregularity in respect of any of the matters prescribed by this Act. |
1 2 . (1) The proceeds of any sale, lease, or mortgage Proceeds to
under this Act shall he held by the trustees, after
payment of costs, expenses, and encumbrances, for the invested,
general purposes of the trust, and shall he iuA'csted or iu < i. s. ii.
applied as the Minister directs.
(2) The Minister may direct that any jtortion of the income or revenue of tlie trustees shall he set apart for payment of interest on, or the gradual extinc tion of, any mortgage debt, and the portion so set apart shall he invested as the Minister directs.
13 . Lands conveyed to au person under the pro-Coiivev,->ncR
visions of this Act shall vest in him free from all trusts Avhieh affected them in the hands of the persons by’̂
Avhom or on Aidiosc behalf they were coiiA'cved.
| ‘ | 14 . |
76 Crimes (Amendment) Act.
| Geor/e V, | 14 . (1) 'Hie Governor inny make reg'ulations for carrying’ out the provisions of this Act. |
| Regulations. | ' | ' | regulations shall— |
(a) !)(' jiuhlished in tin' Gazette ;
| (b) | t:ike elTect from the date of such publication or from a later date to lie specilied in such regulations; |
| (c) | he laid before both Houses of Parliament within fourteen sitting days if Parliament is in si'ssion, and if m.it, then within fourteen sitting days after the commencement of the next session. If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations haA‘c been laid before such House disallowing any regulation or ]iart thereof, such regulation oi’ ])art shall thereupon cease to have effect. |
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