Parramatta Park (Old Government House) Act 1967 No 33



An Act to withdraw from Parramatta Park an area of land, being the site of the old Government House; to provide for the care, control and management of that land and to appoint The National Trust of Australia (New South Wales) as trustee thereof; to amend the Crown Lands Consolidation Act 1913, The National Trust of Australia (New South Wales) Act 1960 and certain other Acts; and for purposes connected therewith.
1   Name of Act
This Act may be cited as the Parramatta Park (Old Government House) Act 1967.
2   Definitions
In this Act, unless the context or subject matter otherwise indicates or requires:
National Trust means The National Trust of Australia (New South Wales) constituted and incorporated under The National Trust of Australia (New South Wales) Act 1960.
Principal Act means the Crown Lands Consolidation Act 1913, as amended by subsequent Acts.
the land means the land described in the Schedule and any buildings, structures or other improvements thereon.
3   Divesting and rededicating of the land
(1)  The land is hereby vested in Her Majesty freed and discharged from any trusts, estates, interests, dedications, conditions, restrictions, covenants and provisions affecting the land
(2)  The land shall be deemed to be Crown land and to be dedicated under the Principal Act for the preservation of the land and the old Government House and other buildings on the land as a historical site and historical buildings.
4   Appointment of trustee
The National Trust shall be the trustee of the land, and, notwithstanding the provisions of section 5, shall be deemed to have been appointed under subsection (1) of section 26 of the Principal Act.
5   Application of Principal Act
Such provisions of the Principal Act (other than subsections (1), (1A), (1B), (1D) and (1E) of section 26) as relate to Crown lands dedicated under section 24 of the Principal Act and to trustees thereof shall apply to and in respect of the land and the National Trust as trustee of the land.
6   Application of The National Trust of Australia (NSW) Act 1960
Any provisions of:
(a)  The National Trust of Australia (New South Wales) Act 1960 which permit, in accordance with that Act:
(i)  the selling, exchanging, leasing, mortgaging or other disposal of land,
(ii)  the making of by-laws, or
(b)  any by-laws made under that Act,
shall not apply to or in respect of the land.
7   Access through Parramatta Park
(1)  Members, officers, employees and servants of the National Trust, and the other persons lawfully authorised by the National Trust or its members, officers, employees or servants, for all purposes of the National Trust (and in particular as trustee of the land), and persons lawfully visiting the land, may go to and from the land, over Parramatta Park or any part thereof, at such times, in such manner and subject to such conditions:
(a)  as may be arranged by agreement from time to time between the National Trust and the trustees or any person or body of persons in which the care, control and management of Parramatta Park may be vested, or
(b)  failing such agreement, as may be determined by the Minister.
(2)  The provisions of subsection (1) shall apply notwithstanding the provisions of any other Act, or of any rules, regulations, by-laws or ordinances, applying in respect of Parramatta Park.
(3)  Subject to subsection (1) and to any agreement or determination under that subsection, the provisions referred to in subsection (2) shall continue to apply in respect of Parramatta Park in all other respects.
8   Use of the land
Subject to this Act, the National Trust as trustee of the land may use the land for such purposes as the Minister may from time to time approve.
9   Debts, liabilities and actions to continue
Nothing in this Act affects any debts owing or liabilities incurred or actions which were or might have been commenced, before the commencement of this Act, in respect of the land or of anything done or omitted to be done in connection therewith.
Schedule
Section 2
ALL that piece or parcel of land containing by admeasurement 2 acres 0 roods 23 perches be the same more or less situate in the Town of Parramatta, Parish of St. John, County of Cumberland, being portion 369 commencing at a point bearing 297 degrees 16 minutes 456 feet 9 inches from the most northerly north-western corner of portion 362 and bounded thence on the south-west by lines successively bearing 292 degrees 8 minutes 157 feet 10 1/4 inches and 275 degrees 9 minutes 30 seconds 175 feet 6 1/8 inches, again on the south-west by a line bearing 353 degrees 3 minutes 77 feet 9 1/2 inches, on the north-west by a line bearing 55 degrees 41 minutes 291 feet 8 3/8 inches, on the north-east by lines successively bearing 93 degrees 3 minutes 83 feet 7 5/8 inches, 113 degrees 33 minutes 55 feet 1 1/8 inches and 139 degrees 57 minutes 30 seconds 102 feet 3 7/8 inches, and on the south-east by lines successively bearing 185 degrees 34 minutes 30 seconds 175 feet 1 inch and 247 degrees 54 minutes 30 seconds 100 feet 7 5/8 inches to the point of commencement, and being also the whole of the land shown on plan catalogued C9290–2030 in the Department of Lands, Sydney.