New South Wales Consolidated Acts

LUNA PARK SITE ACT 1990 - SECT 18

18 Right to possession of the Luna Park Reserve

(1) On the commencement of this section or section 7, whichever is the later, the Luna Park Reserve Trust is entitled to immediate vacant possession of the Luna Park Reserve.

(2) If, after the Luna Park Reserve Trust is entitled to immediate vacant possession of the Luna Park Reserve and before the Luna Park Reserve Trust takes up occupation of the land comprising the Reserve, any person remains in, or takes up, occupation of the land or any part of it, the Trust may, by order, direct and empower the Sheriff, or any person prescribed by the regulations, to deliver possession of the land to the Trust.

(3) On receipt of an order under subsection (2), the Sheriff or prescribed person, as the case may be, is required to deliver possession of the land to the Luna Park Reserve Trust.

(4) For the purposes of subsection (2), a person does not occupy any part of land only because a structure or any part of a structure is on that part of the land.

(5) Nothing in this section operates to limit or restrict the power of the Luna Park Reserve Trust to enforce its right to possession of land otherwise than under this section.