New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 54B

54B Transfer of certain institutional private trust land

(1) In this section--

"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.

"institution" has the same meaning as in Division 6 of Part 2 of Schedule 7 to the Crown Land Management Act 2016 .

"liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent).

"private trust land" means any land reserved, dedicated or granted under any Act or instrument, or otherwise held, for the purposes of an institution, but does not include any such land if it is Crown land (or land otherwise vested in the Crown) or was Crown land (or land otherwise vested in the Crown) before being reserved, dedicated, granted or held for the purposes of an institution.

"rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

"trustees" of private trust land means the majority of the trustees for the time being of that land.

(2) A council and the trustees of private trust land may enter into an agreement for the land to be transferred to the council.

(3) Any such agreement may contain provisions relating to the purposes for which the land is to be used after it is transferred.

(4) The trustees may enter into any such agreement to transfer private trust land, and the agreement has effect, despite the terms and provisions of any Act, deed, reservation, dedication, grant or other instrument relating to the land.

(5) Land that is transferred to a council under such an agreement is--

(a) freed and discharged from any trusts, estates, interests, reservations dedications, conditions, restrictions and provisions affecting the land, and

(b) to be used and managed by the council as community land.

(6) Subsection (5)(a) is subject to any agreement entered into by the council under this section for the transfer of the land.

(7) In preparing a draft plan of management in relation to any land transferred to it under this section, the council must, in addition to the other requirements under Division 2--

(a) advise the Minister that it is preparing the draft plan, and

(b) take into account the purposes for which the land was reserved, dedicated, granted or held as an institution, and

(c) comply as far as practicable with the agreement entered into between the trustees of the private trust land concerned and the council, and

(d) before giving public notice of the draft plan in accordance with section 38, consult with such persons or bodies as the council considers appropriate or as the Minister directs.

(8) On the transfer of any private trust land to a council under this section, the following provisions have effect--

(a) any assets, rights or liabilities in relation to the land, or in relation to the trustees of the land in their capacity as trustees, become the assets, rights or liabilities of the council,

(b) all proceedings relating to those assets, rights and liabilities that were commenced by or against the trustees before the transfer are taken to be proceedings pending by or against the council,

(c) any act, matter or thing done or omitted to be done in relation to those assets, rights and liabilities by, to or in respect of the trustees before the transfer is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the council.