New South Wales Consolidated Acts

ROYAL BOTANIC GARDENS AND DOMAIN TRUST ACT 1980 - SECT 19

19 Vesting of certain land in Trust

(1) The land described in Parts 1, 2 and 3 of Schedule 2 shall vest in the Trust for an estate in fee simple.

(1A) Land described in Part 1, 2 or 3 of Schedule 2 is freed and discharged from any trusts, obligations, estates, interests, charges and rates which existed in respect of the land immediately before a description of the land was first inserted in that Schedule.

(1B) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 2 for the purpose of adding:

(a) Crown lands, within the meaning of the Crown Lands Consolidation Act 1913 , or other land of the Crown, or

(b) Trust lands which are not described in Part 1, 2 or 3 of that Schedule,

to the land for the time being described in Part 1, 2 or 3 of that Schedule.

(1C) A proclamation that adds any of the land described in Part 5 of Schedule 2 to Part 1 or 2 of that Schedule also has the effect of excluding the land from Part 5 of that Schedule.

(2) Notwithstanding anything contained in any other Act, the land described in Parts 1, 2 and 3 of Schedule 2 shall not be appropriated or resumed except by an Act of Parliament.

(3) Nothing in this section affects the operation of:

(a) section 12B of the Government Railways Act 1912 , with respect to the land described in Part 1 or 2 of Schedule 2, or

(b) clause 3 (2) (e) of Schedule 3, with respect to a deed of lease in force immediately before the commencement of this section that relates to any part of that land.

(4) Notwithstanding subsection (1A), the land described in items 1 and 2 of Part 3 of Schedule 2 shall vest in the Trust subject to the same reservations and conditions as those contained in the Crown Grant of Portion 68 of the Parish of Irvine in the County of Cook dated 25 February 1836.

(5) Notwithstanding subsection (1A), land (in this subsection referred to as "proclaimed land") added to the land described in Part 1, 2 or 3 of Schedule 2 by a proclamation published under subsection (1B) shall vest in the Trust subject to such trusts, obligations, estates, interests, charges and rates, if any, as are declared in the proclamation to be applicable to or in respect of the proclaimed land.

(6) Subsection (1A) does not affect any condition agreed to by the Trust under section 8 (3) in relation to any land to which subsection (1A) applies.