New South Wales Consolidated Acts

STATE SPORTS CENTRE TRUST ACT 1984 - SECT 16

16 Provisions with respect to the original land of the Trust

(1) Subject to subsection (2), at any time after the passing of this Act, the Governor may, by proclamation published in the Gazette, declare:

(a) land described in the proclamation to be original land for the purposes of this Act,

(b) easements or rights of user so described to be easements or rights of user that are appurtenant to that land, and

(c) other easements or rights of user so described to be easements or rights of user that burden that land.

(2) A proclamation under subsection (1) shall not be made in respect of land other than:

(a) Crown land,

(b) land vested in a constructing authority under the Public Works Act 1912 for or on behalf of the Crown, or

(c) land vested in a statutory body representing the Crown.

(3) Land declared by proclamation under subsection (1) to be original land shall:

(a) if the proclamation is published in the Gazette on or before the commencement day-on that day, or

(b) if the proclamation is so published after that day-on the day of publication of the proclamation,

vest in the Trust for an estate in fee simple with the benefit of any easements or rights of user declared in the proclamation to be appurtenant to that land and subject to any easements or rights of user declared in the proclamation to burden that land, but freed and discharged from all other trusts, obligations, estates, interests, charges and rates existing or unpaid before the land is so vested.

(4) Notwithstanding anything in any other Act to the contrary:

(a) the original land shall not be capable of being compulsorily or otherwise acquired, and

(b) the easements or rights of user (if any) declared under subsection (1) to be appurtenant to that land shall not be capable of being acquired or extinguished,

except by Act of Parliament.

(5) Except as provided by subsection (6), the Trust shall not:

(a) transfer, convey, mortgage, encumber, charge, demise, grant incorporeal rights over or otherwise alienate any of the original land, or

(b) transfer, assign, surrender or otherwise extinguish the easements or rights of user (if any) declared under subsection (1) to be appurtenant to that land.

(6) The Trust may, for the purpose of providing services to be enjoyed in connection with the original land and consistently with the good management of that land, from time to time and on such terms and conditions as are approved by the Minister, grant:

(a) subject to subsection (7), leases of parts of the trust land,

(b) easements through, on or in the trust land for any purpose that it considers necessary and that would directly or indirectly assist in the attainment or carrying out of the objects of the Trust, and

(c) licences for the use of parts of the trust land.

(6A) The Trust may, with the consent of the Minister, from time to time and on such terms and conditions as are approved by the Minister, grant:

(a) easements through, on or in the original land:

(i) for the construction, laying, maintenance, replacement, repair or use of pipelines or cables or any apparatus to be used in connection with pipelines or cables, or

(ii) to a public or local authority constituted by or under any Act, a statutory body representing the Crown or any person exercising the functions of any such authority or body or other functions on behalf of the Crown, and

(b) licences for the use of parts of the original land in connection with any such easement or proposed easement.

(7) A lease referred to in subsection (6) (a) shall not be granted for a term which, including any period by which that term may be extended pursuant to a right contained in the lease and the term of any further lease which may be granted pursuant to an option or right of renewal so contained, exceeds 25 years.

(8) Without limiting the generality of subsection (6) (c) or (6A) (b), the Trust may, from time to time, grant licences authorising entry on the trust land for the purpose of enabling any cables or pipelines to be maintained, re-laid or repaired, or any apparatus used in connection with those cables or pipelines to be repaired or replaced.

(9) Despite subsection (7), the Trust may grant a lease referred to in subsection (6) of part of the trust land for the purposes of the erection and operation of a tennis centre and related facilities for a term that does not exceed 41 years (including any period by which that term may be extended pursuant to a right contained in the lease and the term of any further lease that may be granted pursuant to an option or right of renewal contained in the lease).