New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 157A

157A Trustee or personal representative deemed entitled to sell and convey land resumed under statutory authority

(1) In this section,
"resumption" means the acquisition of land by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 or any other Act.

(2) Notwithstanding anything contained in any Act, where land is acquired by resumption from a trustee or personal representative, such trustee or personal representative or his or her successor in office shall be entitled to sell and convey the land resumed, and to agree upon and receive all compensation money whatsoever payable in respect of the resumption.

(3) Such compensation money shall be held by the trustee or personal representative receiving the same on the trusts affecting the land in respect of which the compensation money is paid, or affecting the compensation money, and, subject to the terms of the instrument (if any) containing such trusts and to the provisions of this Act, on trust for investment in accordance with section 14A of the Trustee Act 1925 .

(4) A sole trustee other than a trust corporation or a trustee or body of trustees incorporated by any Act or a person appointed as a sole trustee by the creator of the trust shall not be entitled under this section to agree upon or to receive the compensation money payable in respect of a resumption, but upon the appointment of an additional trustee of the instrument containing the trust affecting the land approved by the Crown Solicitor such trustees shall be entitled under this section to agree upon and receive such money, but this subsection does not affect the right of a sole personal representative as such to agree upon and give a valid receipt for or direct the application of such compensation money.

(5)

(a) Subject to the provisions of the instrument (if any) creating such trusts, the trustees or the personal representatives may, with the consent of the person of the age of eighteen years or upwards and free from disability, who would have been entitled to the income of the land resumed, apply the compensation money paid under this section in respect of a resumption for the following purposes--

(i) in the purchase of other lands to be conveyed upon the like trusts as the lands in respect of which such money has been paid stood limited, or

(ii) if such money has been paid in respect of any buildings taken under the authority of any such Act as aforesaid, or injured by the proximity of any work authorised by any such Act,--in removing or replacing such buildings or substituting others in their stead.

(b) If the person who would have been entitled to the income is a person under mental disability the consent of the person charged by law with the management and care of the property of the person under mental disability or, if there is no person so charged, of the court, is sufficient authority to protect the trustees or personal representatives so applying the compensation money.

(c) If the person who would have been entitled to the income is a minor, or a person who cannot be found or ascertained, or as to whom it is uncertain whether the person is living or dead, the trustees or personal representatives may so apply the money without the consent of any person.

(6) The costs of the appointment of an additional trustee under subsection (4), and of obtaining the necessary consents under subsection (5), shall be paid by the person in whom the land vests on resumption.

(7) This section applies only to resumptions made after the commencement of the Conveyancing (Amendment) Act 1930 .

(8) The powers of trustees and personal representatives under this section shall be cumulative, and not in substitution for, or in derogation of any other powers of any such persons to sell and convey land the subject of a resumption, or to agree upon and receive compensation money payable in respect of a resumption.