Trustees of Show-grounds Enabling Act 1909 (NSW)
Act No. 15, 1909.
| T u r S T K K S | OF |
| S n o w - C K O U N D S | An Act to enable tru s te e s of sliow-gTonnds to |
| K.N'.\nuN(;. | sell, lease, or m ortgage certa in lands ; and for ])nr])oses conscajiient tliereon oi* inc i | |
|
1 '^ E it enacted Ly tlie Kiny's Most Excellent Majesty, l)y and with JL ) the advice and consent oi' the E('"islative Conncil and Eo^islative Assembly of New Soutli Wales in Earliament assemldcMl, and hy tlie authority of the same, as follows :—-
| Short title. | 1. This Act may he cited as the “ Trustees of Show-gTOunds |
Enabling Act, 190’.).”
| Definitions. | 2. In this Act, unless the context or subject-matter oiherwise indicates or n'quiia's,— |
“ Lands” means lands reserveJ. dedicated, granted, or held for
show-grounds.
“ Minister” means Minister of Agriculture.
“ Trustee ” means trustee of lands.
| Resolution of | 3. Any trustees may at a mc('tiug called for the purpose pass a special resolution that it is desirahl(! to sell, h'ase, or mortgage any lands or any part tliereof upon s])eciiied terms or conditions: Provided that such special resolution sliall hrst have he('ii a})proved of hy a meeting of )n(nnhcrs of the association managing tlie sliow-ground. |
| trustees to sell, | |
| lease, or mortgage. | |
| Confirmation of | |
| rc.solution, and | 4. If sucli resolution is conilrnu'd by another mc(‘ting of the first ahovemcmtioiH'd, tlie trustees shall pulilisli in two issues of a newspaper cireulaling in tlie locality where tlie lands are situali' a notice of the jiassing and eonliriuation of the resolution, setting fortli the prescrilied pai'ticulars, and stating that the trustees intend to apply to the Minister for his consent to sueli salio lease, or mortgage. |
| puhlication in | trustees held not less tlian one moulli from tlie lioldingof tiu' mec'ting |
| newspaper. |
| “ | 6 . |
| Act Xo. 15, 1909. | 77 |
Trustees o f Shoic-grounds Enabling.
6. After the expiration of ronrteeii days from the last of siieli Application Oir
puhlications, the trustees may ni)]>ly in iviatiiu^ to tlie Minister for pjs const'ut to such pro]iosi'd sale, h'ase, or morttragt', niakini^ a full statement to him ol' the facts r('latin«' thereto.
| 6. The M̂ | inister may hear any ])crson in opposition to the said I'mvcr of M inister |
| sale, lease, or mortgage, and may r('ier the application— | >>earami refer. |
(a) to any jierson or hoard for ri'jiort; or
| (h) | to any persons or any association, cluh, or other body, or any persons managing the same, having in the 0])inion of the Minister any interest in the granting or 'withholding of his cnnsi'iit to the apjdication. |
7. (1) The ]\linister may in any case give his consent in writing comsent.
either as to the whole', or as to part of any lands in res])eet of -whieh any application is made, and may at anv time withdraw his consi'iit, either wholly or partially, or vary the terms and conditions thereof, if he can do so 'without pri'judiei' to the rights of third parties.
(2) In the ease of an application for leave to sell or lease any Ucnerai ami
| lands, the Minister may give his consent either generally hy authorising | consent, |
| the sale or lease of such lands subject to such conditions, restrictions, reservations, and covenants, and in such manner and within such time, as he may' think desirahu', or by ajiproving of ])articular contracts of sale or lease. | |
| (d) In tlu' cas(' of an ap[)lieation for h'avi' to mortgage any lands such gciu'ral authority' shall not be given, hut tin' terms of the proposed mortgage shall in each case he submitted to the Minister for approval, and his consent shall not, unless under circumstances 'which in the minute of a])proval he certities to he exceptional, he given to a mortgage of any lands for more than one half of their estimated value. |
8. (1) After the continuation of such resolution as aforesaid, Saio, lease, and
and after obtaining the writti'u consc'nt hereinhcforc mentioned, and not otherwise, the trustees may' sc'll, lease, or mortgage the lands in respect of which such resolution was passed and consent given, according to tlu' terms of such consi'nt :
Providi'd that wlu'ri' the Ministi'r has givi'u his consent generally, I’n.viso.
as in the lu'xt ])receding section jirovided, no lands shall ho sold or leased in pursuance of such consent, unless in each case the price agreed u])on or rent reserved has hei'n submitted to and approved of by him.
(2) A mortgage umh'r this Act may contain a power of .sale. Power of sale.
9. (1) In any case in Mliieh trustees desire to exercise the MinOter may
| ixiwers conferred hv this Act, tin' .Minister mav aiiiioint some person | ̂ | ' | * | ' | I | • | ̂ | 1 | conveyance, |
who shall hav(5 power to execuh' all conveyanci's and instruments, and
do all things m'Cf'ssaiw to tin' diu' ('xercise of such jiowi'rs.
(2) The receipt of I ho pi'rson so appointed shall he a sufficient
discharge to any jmrehaser, lessei', or mortgagee bona tide paying money'
| in respect of any sah', lease, or mortgage under this Act. | (h) |
Act No. 1(), 1909.
Loan.
(3) Aliy traiisn'r. mortga;^e, or lease of lands held under the Real Property Act, si<,Mied hy the person so appointed, shall have the same elTect as if signc'd by the registered projirietor of such lands.
Bona fide purchaser
| protected. | 10. No jmreliaser, h'ssec', or mort«‘ag('e dealing hona fide with a person appointed uiid('r the next preceding section shall he prejudiced or affected by any omission or irregularity in respect of any of the matters prescribed hy this Act. | |
| Proceeds to he held | ||
| on tru st and | 11. (1) Tlu' ])roeeeds of any sale, lease, or mortgage' under this Act shall he held hy tlu' trustees, after payment of costs, expcnsi's, and encumbrances, for the general ])ur])oses of the trust, and sliall ho | |
| invested. | ||
| ||
| (2) The ^Minister may direct that any jiortion of the income or revenue of the trustees shall he set apart for payment of interest on, or the gradual extinction of, any mortgage debt, and the portion so set apart shall he invested as the IVIinister directs. |
| (Jonvoyaucc tn \ c3t | 12. Lands conveyed to any person under the provisions of this |
| lands free from trust. | shall vcst in him fi’cc froiii all ti'usts wliich affected them in the hands of the persons hy tvhom or on whose hi'half they were conveyed. |
| Eeguiaiions. | 13. The Govcmor may make regulatioits for carrying out the provisions of this Act. |
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