Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001 (NSW)

An Act to amend the Wollongong Sportsground Act 1986 and the Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 with respect to the transfer and dedication of certain land; and for other purposes.

1Name of Act

This Act is the Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Wollongong Sportsground Act 1986 No 174

The Wollongong Sportsground Act 1986 is amended as set out in Schedule 1.

4Amendment of Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 No 56

The Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 is amended as set out in Schedule 2.

5Transitional provision closing part of road and classifying as community land(1)

This section applies to the areas of land shown edged black and marked “Lot 4” and “Lot 5” on the redefinition plan.

(2)

On the commencement of this section, the land to which this section applies:

• (a)

  ceases to be a public road, and

• (b)

  remains vested in the Council of the City of Wollongong, and

• (c)

  is taken to be classified as community land under the Local Government Act 1993.

(3)

The rights of passage and access that existed immediately before the commencement of this section in relation to the parts of the former road to which this section applies are extinguished.

(4)

In this section, the redefinition plan means the plan identified as Drawing No 3117, Sheet No RES 1, Issue E, approved by the Senior Registered Surveyor for the Council of the City of Wollongong on 27 August 2001, deposited in the office of that Council.

Schedule 1Amendment of Wollongong Sportsground Act 1986

(Section 3)

[1]–[4]

(Repealed)

[5]Part 3A

Insert after section 12:

Part 3AVesting and dedication of certain other land12AVesting and dedication of land excised from Andrew Lysaght Park(1)

This section applies to the land comprising:

• (a)

  part lots 93 and 94, DP 751299, City of Wollongong, as shown edged black and marked “Lot 1” on the redefinition plan, and

• (b)

  part lot 94, DP 751299, City of Wollongong, as shown edged black and marked “Lot 7” on the redefinition plan.

(2)

On the commencement of this section, the land to which this section applies:

• (a)

  is by this Act vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of that land, and

• (b)

  is taken to be dedicated under the Crown Lands Act 1989:

  • (i)

    in respect of the land described in subsection (1) (a)—for tourist purposes, and

  • (ii)

    in respect of the land described in subsection (1) (b)—for public recreation.

12BClosing of part of road and vesting and dedication of that land(1)

This section applies to the land shown edged black and marked “Lot 6” on the redefinition plan.

(2)

On the commencement of this section, the land to which this section applies:

• (a)

  ceases to be a public road, and

• (b)

  is by this Act vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of the land, and

• (c)

  is taken to be dedicated under the Crown Lands Act 1989 for public recreation.

(3)

The rights of passage and access that existed immediately before the commencement of this section in relation to the part of the former road to which this section applies are extinguished.

12CApplication of Crown Lands Act 1989

The Crown Lands Act 1989 applies to and in respect of:

• (a)

  the land to which section 12A applies, on and from the commencement of that section, and

• (b)

  the land to which section 12B applies, on and from the commencement of that section,

except as provided by this Act or the regulations.

[6]–[10]

(Repealed)

Schedule 2Amendment of Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969

(Section 4)

[1], [2]

(Repealed)

[3]Section 4A

Insert after section 4:

4AClosing of part of road and dedication as a public park(1)

This section applies to the land shown edged black and marked “Lot 3” on the redefinition plan.

(2)

On the commencement of this section, the land to which this section applies:

• (a)

  ceases to be a public road, and

• (b)

  is vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of that land, and

• (c)

  is taken to be dedicated under the Crown Lands Act 1989 for public recreation, and

• (d)

  is taken to form part of the public park referred to in section 4 (1).

(3)

The rights of passage and access that existed immediately before the commencement of this section in relation to the part of the former road to which this section applies are extinguished.

(4)

Despite subsection (2) (c), the provisions of section 4 (2)–(5) apply to the land to which this section applies in the same way as they apply to the land described in the First Schedule.

[4], [5]

(Repealed)