Cabramatta Park Act 1922 No 35



An Act to authorise the Registrar-General to register a certain transfer from the Public Trustee to the Council of the Municipality of Cabramatta and Canley Vale of certain land for a public park; to declare the powers and duties of the Council with regard thereto; and for purposes connected therewith.
Preamble
WHEREAS the late Sir Henry Parkes was registered under the Real Property Act 1900 as the proprietor in fee-simple of certain lands situate in the parish of Saint Luke in the county of Cumberland, being the lands comprised in certificate of title dated the fourth day of March, one thousand eight hundred and eighty-one, volume five hundred and twenty, folio one hundred and thirty-nine, and as such proprietor lodged in the year one thousand eight hundred and eighty-one a certain deposited plan, number six hundred and fifty-five, of the subdivision of such lands: And whereas upon the said plan a certain block adjoining Prospect Creek, and bounded on the north by Togil-street, on the east by Thomas-street, and on the south by lot twenty-two, and on the west by part of the east boundary of lot twenty-three and by Prospect Creek, was marked as a reserve, and it is alleged was dedicated and set apart by the said registered proprietor as a park: And whereas the Public Trustee as administrator of the estate of the late Sir Henry Parkes has applied for transmission of the residue of the land comprised in the said certificate of title, and has executed and lodged with the Registrar-General a transfer, dated the sixth day of June, one thousand nine hundred and seventeen, number A319599, to the municipality of Cabramatta and Canley Vale of the said block of land so marked as a reserve on the said deposited plan, “in order to give effect to the dedication by the late Sir Henry Parkes in his lifetime of the said land as a public reserve and in consideration of the council of the municipality of Cabramatta and Canley Vale agreeing to hold the said land as a public reserve”: And whereas doubts having arisen as to the powers and duties of the Public Trustee in relation to the said land the application for transmission and the registration of the said transfer has been delayed: And whereas it is expedient that the doubts should be resolved and the said land made available as a public park for the benefit of the residents of the locality mentioned:
Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
1   Name of Act
This Act may be cited as the Cabramatta Park Act 1922.
2   Registration of transfer of land
s 2, hdg: Ins 1999 No 31, Sch 5.12 [1].
The Registrar-General is hereby authorised and empowered upon the authority of this Act to register the transfer, dated the sixth day of June, one thousand nine hundred and seventeen, from the Public Trustee to the municipality of Cabramatta and Canley Vale, number A319599, and to issue to the said council a certificate of title for an estate in fee-simple for the block of land comprised in the said transfer.
3   Use of transferred land as a park
s 3, hdg: Ins 1999 No 31, Sch 5.12 [2].
The said land shall be held by the said municipality as a park for public recreation, and the council shall have the same powers and duties in regard thereto as it would have if the land had been a public reserve placed by proclamation under the care, control and management of the council under the provisions of the Local Government Act 1919.