• Specific Year
    Any

WELLINGTON PARK ACT 1993 - SECT 7 Declaration of land to form part of Wellington Park

WELLINGTON PARK ACT 1993 - SECT 7

Declaration of land to form part of Wellington Park

(1)  Subject to subsection (2) , where the Governor, acting on the advice of the Trust, considers that any Crown land, Crown land vested in a public authority or land owned by a public authority should be annexed to Wellington Park the Governor may, by proclamation, declare that land to form part of Wellington Park.
(2)  A proclamation may not be made under subsection (1) in respect of Crown land vested in a public authority or land owned by a public authority without the consent of the public authority.
(3)  A proclamation referred to in subsection (1) does not have effect until it has been approved by both Houses of Parliament.
(4)  For the purposes of subsection (3) , a House of Parliament is to be taken to have approved a proclamation if a copy of it has been laid on the table of that House and –
(a) it is approved by that House; or
(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(5)  Where a proclamation is made under subsection (1) declaring any land owned by a public authority to form part of Wellington Park and the land is subject to the Land Titles Act 1980 or is alienated land not subject to that Act, the Minister must, as soon as possible after the proclamation is made, cause it to be registered in respect of the land to which it relates.
(6)  Where land that is subject to the Land Titles Act 1980 is declared, by proclamation, to form part of Wellington Park, the proclamation does not come into force until it is registered under that Act.
(7)  Where alienated land that is not subject to the Land Titles Act 1980 is declared, by proclamation, to form part of Wellington Park, the proclamation does not come into force until it is registered under the Registration of Deeds Act 1935 .
(8)  The provisions of Schedule 2 have effect in relation to the registration of proclamations referred to in this section.
(9)  Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.
(10)  Subject to any proclamation made under section 8 , where any area of land has become part of Wellington Park it remains part of Wellington Park notwithstanding any subsequent disposition of the land or any other dealing in the land.