New South Wales: Port Stephens Shire (Soldiers Point Public Garden and Recreation Space) Act 1965 (NSW)

PORT STEPHENS SHIRE (SOLDIERS POINT PUBLIC GARDEN AND RECREATION SPACE) ACT. An Act to authorise The Council of the Shire of Port Elizabeth mr Stephens to convey and transfer certain lands ~~ within the said Shire in exchange for certain other lands; and for purposes connected therewith. [Assented to, 6th December, 1965.] HEREAS on the First day of January One thousand Preamble. nine hundred and fifty-five The Council of the Shire of Port Stephens entered into a Contract for the purchase of Port Stephens Naval Base lands being the whole of the land in Certificate of Title Volume 4440 Folio 65 situate at Soldiers Point Port Stephens within the said Shire AND WHEREAS such purchase was duly completed by transfer and the said lands became vested in the said Council in fee simple AND WHEREAS the said Council caused part of the said lands to be subdivided providing (inter alia) at Soldiers Point two areas containing respectively 3 roods 15 perches and 3 roods 74 perches both as public garden and recreation space AND WHEREAS the said plan of subdivision of lands at Soldiers Point was duly registered in the office of the Registrar-General as Deposited Plan 26875 AND WHEREAS by virtue of such registration the said two areas were vested in the said Shire Council for the purposes of public garden and recreation space AND WHEREAS by Memorandum of Lease dated the First day of January One thousand nine hundred and sixty-three registered No. J480390 the said Shire Council leased the said two areas to the Trustees of the Soldiers Point Bowling Club for a term of 20 years AND WHEREAS the said two areas are now described as Lot 1 and Lots 3 and 4 respectively on Deposited Plan 512096 and are separated by an area of land being Lot 2 on Deposited Plan 512096 the registered pro- prietor whereof is Charles Henry George AND WHEREAS the said Lot 2 is subject to a mortgage registered No. H516853 in favour of Newcastle District Starr-Bowkett Co- operative Building Society No. 13 Limited AND WHEREAS the separation of the said Lot 1 and Lots 3 and 4 renders it difficult for the Soldiers Point Bowling Club to effectively use Port Stephens Shire (Soldiers Point Public Garden and Recreation Space) Act. Elizabeth 11 use the said Lot 1 and Lots 3 and 4 AND WHEREAS the Short title. Exchange of lands between Port Stephens Shire Soldiers Point Bowling Club has constructed certain improve- ments on the said Lot 1 and wishes to extend its improve- ments to the said land immediately adjoining being the said Lot 2 on Deposited Plan 512096 AND WHEREAS the said Charles Henry George is willing to transfer to the said Council the said Lot 2 on Deposited Plan 512096 in exchange for a transfer of Lot 4 on Deposited Plan 512096 being part of the said public garden and recreation space AND WHEREAS the aforesaid mortgagee is willing to release the said Lot 2 from the said mortgage subject to the said Charles Henry George executing a fresh mortgage over the said Lot 4 in substitution therefor AND WHEREAS the said Council has no authority under the Local Government Act, 1919, as amended by subsequent Acts, to sell or exchange any part of a public reserve AND WHEREAS it is expedient to authorise the said Council to convey and transfer the said Lot 4 on Deposited Plan 512096 aforesaid being the whole of the land in Certificate of Title Volume 9903 Folio 156 to the said Charles Henry George in exchange for the said Lot 2 on the said Deposited Plan being the whole of the land in Certificate of Title Volume 9903 Folio 154 AND WHEREAS the Trustees of the Soldiers Point Bowling Club are willing to surrender to the said Council the aforesaid Lease in so far as it affects the said Lot 4 and the Council is willing to accept such surrender by the Trustees BE it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : — 1. This Act may be cited as the "Port Stephens Shire (Soldiers Point Public Garden and Recreation Space) Act, 1965". 2. The Council of the Shire of Port Stephens is hereby authorised and empowered to convey and transfer the lands described in the First Schedule hereto in fee simple freed and discharged from all trusts affecting the same to Charles Henry Council and George subject to the said Charles Henry George conveying another. and Port Stephens Shire (Soldiers Point Public Garden and 423 Recreation Space) Act. and transferring to the said The Council of the Shire of Port Elizabeth 11 Stephens in fee simple the lands described in the Second —— Schedule hereto freed and discharged from mortgage registered No. H516853. 3. The Registrar-General, upon the relevant transfers Authority being lodged for registration and subject to the payment of 10 strar- the prescribed fees, shall issue to The Council of the Shire General to of Port Stephens a Certificate of Title to the lands described give effect in the Second Schedule hereto, to be held by such Council : as a public reserve within the meaning of the Local Govern- ment Act, 1919, as amended, and to the said Charles Henry George a Certificate of Title to the lands described in the First Schedule hereto, freed and discharged from all trusts affecting the same. SCHEDULES. Sec. 3. FIRST SCHEDULE. ALL THAT piece of land situate in the Shire of Port Stephens Parish of Tomaree and County of Gloucester being Lot four on Deposited Plan 512096 and being the whole of the land comprised in Certificate of Title Volume 9903 Folio 156. SECOND SCHEDULE, ALL THAT piece of land situate in the Shire of Port Stephens Parish of Tomaree and County of Gloucester being Lot two on Deposited Plan 512096 and being the whole of the land comprised in Certificate of Title Volume 9903 Folio 154.