An Act to empower the Trustees of the Show Ground at Wellington to purchase additional land; to declare the trusts of the land held or to be held by them; to provide for the appointment of new trustees; to empower the trustees for the time being to mortgage the land so held or purchased; to repeal the Wellington Show Ground Act 1895; and for purposes connected therewith.
1 Name of Act
This Act may be cited as Wellington Show Ground Act 1929.
2 Repeal
The Wellington Show Ground Act 1895 is hereby repealed.
3 Trusts of lands
The land described in the First Schedule to this Act, being the area acquired by the trustees of the Wellington Show Ground in pursuance of section three of the Act hereby repealed, together with the strip of land of an area of one acre one rood twenty-four perches and comprised in Crown Grant, Volume 1784, Folio 103, shall be held by the trustees for the use and general purposes of the Wellington Pastoral, Agricultural, and Horticultural Society, and for the purpose of a sports ground, and for such other purposes in connection with public recreation as the said trustees or their successors appointed in pursuance of the provisions of this Act may, with the approval of the Minister, sanction.s 3: Am 1960 No 38, sec 2 (a).
4 Appointment of new trustees
The Minister shall as soon as practicable after the commencement of this Act appoint new trustees in respect of the said lands in place of the trustees now in office.The appointment of such new trustees shall take effect from the date of notification thereof in the Gazette.The trustees in office at the commencement of this Act shall be eligible for reappointment.
5 Powers of trustees
(1) The trustees for the time being are empowered, subject to the consent of the Minister first being obtained, to apply their funds to the purchase of land in the vicinity of the said lands.(2) Any land purchased in pursuance of the provisions of this section shall be held by the trustees for the time being for the same uses and purposes as those referred to in section three of this Act.
6 Removal and appointment of trustees
As to the removal of trustees appointed under this Act and the appointment of new trustees in respect of the land held by the trustees under this Act the Minister shall have all the powers conferred upon him by section twenty-six of the Crown Lands Consolidation Act 1913, in respect of lands dedicated for the public purposes therein mentioned.
6A Power to sell land in the Second Schedule
(1) It shall be lawful for the trustees for the time being to sell the land, or any part of the land, held by them and described in the Second Schedule to this Act by public auction, or, with the consent of the Minister, otherwise than by public auction, in one or more lots as the trustees may deem expedient, for such price as can be reasonably obtained.(2) The proceeds of any sale under subsection one of this section shall be held by the trustees, after payment of costs, expenses, and encumbrances, for the general purposes of the trust, including the fencing of the boundaries of the balance of the land held by them.s 6A: Ins 1960 No 38, sec 2 (b).
7 Power to mortgage
It shall be lawful for the trustees for the time being, with the consent of the Minister, from time to time to raise money on mortgage of the lands held by them or any part thereof, and any moneys received by the trustees arising from such mortgage may be applied towards the purchase of any land purchased in pursuance of section five of this Act towards the discharge of any mortgage existing at the commencement of this Act or executed under this section, and for the general improvement of the lands held by them.
8 Powers of mortgagee
Where a mortgage has been executed under the power in that behalf conferred by this Act the mortgagee may, subject to the Conveyancing Act 1919, exercise all or any of the powers conferred on a mortgagee by that Act, and where a sale or lease of the land is made to any person under any such power such person shall hold the land free from all trusts and conditions which affected it in the hands of the said trustees.
8A Minister may appoint person to execute conveyances
(1) Upon a decision by the trustees to exercise the powers conferred by this Act, the Minister may appoint some person who shall have power to execute all conveyances and instruments, and do all things necessary to the due exercise of such powers.(2) The receipt of the person so appointed shall be a sufficient discharge to any purchaser, or mortgagee, bona fide paying money in respect of any sale, or mortgage, under this Act.(3) Any transfer of lands held under the Real Property Act 1900, as amended by subsequent Acts, signed by the person so appointed, shall have the same effect as if signed by the registered proprietor of such lands.s 8A: Ins 1960 No 38, sec 2 (c).
8B Conveyance to vest lands free from trusts
Lands conveyed or transferred to any person under the provisions of this Act shall vest in him free from all trusts which affected them in the hands of the persons by whom or on whose behalf they were conveyed or transferred.s 8B: Ins 1960 No 38, sec 2 (c).
9 By-laws
(1) The trustees appointed under the provisions of this Act may make by-laws:(a) regulating their meetings and the conduct of business thereat,(b) for the protection of the lands held by them,(c) regulating the use and enjoyment of such land, and(d) for the removal of trespassers and other persons causing annoyance or inconvenience on such land.(2) The trustees may be such by-laws impose a penalty not exceeding $500 for any breach thereof.(3) Any such by-law shall be submitted to the Governor for approval.(4) The trustees shall cause a copy of any such by-law applicable to any of the lands held by the trustees to be posted in some conspicuous place on that land.s 9: Am 1985 No 231, Sch 30; 1987 No 48, Sch 32.
The First Schedule
The lands within the following boundaries: Part thereof (about 21 acres, situate in the parish of Gundy, county of Gordon), commencing at the north-west corner of suburban portion 14, and bounded thence on the west boundary of that portion and part of the west boundary of portion 13 bearing southerly 14 chains; thence by a line bearing easterly 15 chains; thence by part of the east boundary of portion 13 and by the east boundary of portion 14 bearing northerly 14 chains, and thence by the north boundary of portion 14 bearing westerly 15 chains to the point of commencement.Part thereof (about 7 acres, situate in the parish of Gundy, county of Gordon), commencing at the north-west corner of suburban portion 22 and bounded thence by the west boundary of that portion, and by part of the west boundary of portion 23 bearing southerly 14 chains; thence by a line bearing easterly 5 chains; thence by a line bearing northerly 14 chains, and thence by part of the north boundary of portion 22 bearing westerly 5 chains to the point of commencement.
First sch (formerly Sch), hdg: Am 1960 No 38, sec 2 (d) (i).
The Second Schedule
(Section 6A)
ALL that piece or parcel of land containing by admeasurement 26 acres 2 roods 10 perches be the same more or less situate in the suburban lands of the Town of Wellington Parish of Gundy County of Gordon being part of the land comprised in Conveyance No 562 Book 2305 being also the whole of the land comprised within portions 11 and 12 and shewn on plan catalogued W. 15–1281 at the Department of Lands Sydney.And also all that piece or parcel of land containing by admeasurement 1 acre 1 rood be the same more or less situate as above being part of the land comprised in Certificate of Title Volume 5533 Folio 163 and being the closed road separating portions 11 and 12 from portion 158 extending from the left bank of Curra Creek in a northerly direction to a line connecting the north-eastern corner of portion 12 aforesaid with the north-western corner of portion 158 aforesaid.
Second Sch: Ins 1960 No 38, sec 2 (d) (ii).