Note:
The Act was repealed by Sch 6 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 with effect from 8.1.2010.

An Act to amend the Wollongong Sportsground Act 1986 and the Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 with respect to the transfer and dedication of certain land; and for other purposes.

1   Name of Act

This Act is the Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

3   Amendment of Wollongong Sportsground Act 1986 No 174

The Wollongong Sportsground Act 1986 is amended as set out in Schedule 1.

4   Amendment of Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 No 56

The Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969 is amended as set out in Schedule 2.

5   Transitional provision closing part of road and classifying as community land

(1)  This section applies to the areas of land shown edged black and marked “Lot 4” and “Lot 5” on the redefinition plan.

(2)  On the commencement of this section, the land to which this section applies:

(a)  ceases to be a public road, and

(b)  remains vested in the Council of the City of Wollongong, and

(c)  is taken to be classified as community land under the Local Government Act 1993.

(3)  The rights of passage and access that existed immediately before the commencement of this section in relation to the parts of the former road to which this section applies are extinguished.

(4)  In this section, the redefinition plan means the plan identified as Drawing No 3117, Sheet No RES 1, Issue E, approved by the Senior Registered Surveyor for the Council of the City of Wollongong on 27 August 2001, deposited in the office of that Council.

Schedule 1 Amendment of Wollongong Sportsground Act 1986

(Section 3)

[1]–[4]   (Repealed)

[5]   Part 3A

Insert after section 12:

  

Part 3A Vesting and dedication of certain other land

12A   Vesting and dedication of land excised from Andrew Lysaght Park

(1)  This section applies to the land comprising:

(a)  part lots 93 and 94, DP 751299, City of Wollongong, as shown edged black and marked “Lot 1” on the redefinition plan, and

(b)  part lot 94, DP 751299, City of Wollongong, as shown edged black and marked “Lot 7” on the redefinition plan.

(2)  On the commencement of this section, the land to which this section applies:

(a)  is by this Act vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of that land, and

(b)  is taken to be dedicated under the Crown Lands Act 1989:

(i)  in respect of the land described in subsection (1) (a)—for tourist purposes, and

(ii)  in respect of the land described in subsection (1) (b)—for public recreation.

12B   Closing of part of road and vesting and dedication of that land

(1)  This section applies to the land shown edged black and marked “Lot 6” on the redefinition plan.

(2)  On the commencement of this section, the land to which this section applies:

(a)  ceases to be a public road, and

(b)  is by this Act vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of the land, and

(c)  is taken to be dedicated under the Crown Lands Act 1989 for public recreation.

(3)  The rights of passage and access that existed immediately before the commencement of this section in relation to the part of the former road to which this section applies are extinguished.

12C   Application of Crown Lands Act 1989

The Crown Lands Act 1989 applies to and in respect of:

(a)  the land to which section 12A applies, on and from the commencement of that section, and

(b)  the land to which section 12B applies, on and from the commencement of that section,

except as provided by this Act or the regulations.

[6]–[10]   (Repealed)

Schedule 2 Amendment of Old Roman Catholic Cemetery, Crown Street, Wollongong, Act 1969

(Section 4)

[1], [2]   (Repealed)

[3]   Section 4A

Insert after section 4:

  

4A   Closing of part of road and dedication as a public park

(1)  This section applies to the land shown edged black and marked “Lot 3” on the redefinition plan.

(2)  On the commencement of this section, the land to which this section applies:

(a)  ceases to be a public road, and

(b)  is vested in the Crown, freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land or any part of that land, and

(c)  is taken to be dedicated under the Crown Lands Act 1989 for public recreation, and

(d)  is taken to form part of the public park referred to in section 4 (1).

(3)  The rights of passage and access that existed immediately before the commencement of this section in relation to the part of the former road to which this section applies are extinguished.

(4)  Despite subsection (2) (c), the provisions of section 4 (2)–(5) apply to the land to which this section applies in the same way as they apply to the land described in the First Schedule.

[4], [5]   (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001 No 103. Minister’s second reading speech made: Legislative Assembly, 23.10.2001; Legislative Council, 4.12.2001. Assented to 11.12.2001. Date of commencement, except sec 5, Sch 1 [5] to the extent that it inserts sec 12B into the Wollongong Sportsground Act 1986 and Sch 2 [3], 11.1.2002, sec 2 and GG No 19 of 11.1.2002, p 86; date of commencement of sec 5, Sch 1 [5] to the extent that it inserts sec 12B into the Wollongong Sportsground Act 1986 and Sch 2 [3], 1.11.2009, sec 2 and 2009 (504) LW 16.10.2009. This Act has been amended as follows:

Table of amendments