Carlingford Drainage Improvement (Land Exchange) Act 1992 No 68

An Act to permit the alienation of part of a public reserve at Carlingford in exchange for certain other land to be used for drainage purposes for the benefit of adjacent properties.

1 Name of Act

This Act may be cited as the Carlingford Drainage Improvement (Land Exchange) Act 1992.

2 Commencement

This Act commences on the date of assent.

3 Definitions

(1)  In this Act:

Council means the Council of the Shire of Hornsby.

the reserve means the land comprised in lot 44 in Deposited Plan 238334 and known as Ray Park.

the reserve portion means the part of the reserve having an area of 186.3 square metres more or less shown marked with the symbol “Y” in the diagram contained in Schedule 1.

the residential portion means the part of the residential property having an area of 186.3 square metres more or less shown marked with the symbol “X” in the diagram contained in Schedule 1.

the residential property means the land comprised in lot 22 in Deposited Plan 238334 and known as 19 Lyndelle Place, Carlingford.

(2)  The measurements shown on the diagram contained in Schedule 1 are subject to such minor alterations as may be necessary to allow registration of a deposited plan for the purpose of carrying out an agreement referred to in section 4.

4 Agreement for exchange of lands

(1)  The Council is authorised by this Act to enter into and carry out an agreement with the registered proprietor of the residential property for the transfer to that registered proprietor in fee simple of the reserve portion in exchange for the transfer to the Council in fee simple of the residential portion.

(2)  Other parties having any title to or interest in the residential property may be parties to an agreement under this section.

5 Status of lands after exchange

(1)  On registration of transfers giving effect to an agreement entered into under section 4:

(a)  the reserve portion ceases to be public reserve, and

(b)  the covenant created by Transfer No L803029, in so far as it affected the residential portion, is extinguished.

(2)  Nothing in this section precludes the creation, at any time subsequent to the transfer, of any interest in the lands affected by this Act.

6 Use of land acquired by Council

It is the duty of the Council, having acquired the residential portion, to construct on it an overland flow path for stormwater and such other drainage works as it considers necessary for the benefit of adjacent properties.

Schedule 1 Diagram of lands affected

(Section 3)