Ipswich Trades Hall Act 1986

Ipswich Trades Hall Act 1986

An Act to provide in respect of an exchange of land on which is the trades and labour hall in the city of Ipswich for other lands in that city and for related purposes

Preamble

1Pursuant to the Ipswich Trades and Labour Hall Land Perpetual Lease Act 1925, the Governor in Council was empowered to grant perpetual leases to the trustees of the Ipswich and West Moreton Labour Day Celebration Committee over certain land in Nicholas Street Ipswich, which land was, by that Act, required to be held by the trustees for the purposes of a trades and labour hall and for no other purpose.

2Those leases were granted and a trades and labour hall has been erected on the land aforesaid and the land has at all times been held for the purposes of that hall and for no other purpose.

3The name and style of the trustees aforesaid is now the trustees of the Ipswich Trades Hall and Labour Day Committee.

4The trustees aforesaid desire to exchange the land aforesaid and all improvements thereon freed and discharged from all trusts affecting the same for certain parcels of land in Bell Street Ipswich, of which parcels Kern Corporation Ltd is the owner and for improvements to be constructed on those parcels.

5In consideration of the exchange aforesaid Kern Corporation Ltd is prepared to enter into an agreement that, amongst other things, Kern Corporation Ltd will cause to be designed and constructed on the parcels of land aforesaid in Bell Street Ipswich premises suitable for use in part as the Ipswich Trades Hall.

6It is desirable to facilitate the objectives of the trustees and Kern Corporation Ltd in respect of the lands and improvements aforesaid.

1Short title

This Act may be cited as the Ipswich Trades Hall Act 1986.

4Interpretation

In this Act—

Bell Street lands means—

(a)all that piece of land situate in the county of Stanley parish of Ipswich containing 212m² being lot 1 on registered plan number 132466 and being the whole of the land contained in certificate of title volume 5369 folio 104; and

(b)all that piece of land situate in the county of Stanley parish of Ipswich containing 324m² being lot 2 on registered plan number 132466 and being the whole of the land contained in certificate of title volume 6491 folio 109; and

(c)all that piece of land situate in the county of Stanley parish of Ipswich City of Ipswich commencing from the north-east corner of lot 2 on registered plan number 132466 bearing 4º47'l0" for a distance of 13.242m along the western alignment of Bell Street and thence bearing 274º48'20" for a distance of 24.804m, and thence bearing 184º47'10" for a distance of 13.242m, and thence bearing 94º48'20" for a distance of 24.804m, along the northern alignment of lots l and 2 on registered plan number 132466 back to the point of commencement and containing an area of 328m² more or less being part of allotment 14 of section 3 and being part of the land contained in certificate of title volume 5003 folio 18.

Nicholas Street lands means—

(a)all that piece of land situate in the county of Stanley parish of Ipswich containing 19.84p being subdivision 2 of allotment 13 of section 4 and being the whole of the land contained in perpetual lease number 662;

(b)all that piece of land situate in the county of Stanley parish of Ipswich containing 14.46p being subdivision 1 of allotment 12 of section 4 and being the whole of the land contained in perpetual lease number 1566.

registrar of dealings means the registrar of dealings within the meaning of the Land Act 1962.

registrar of titles means the registrar of titles appointed for the purposes of the Land Title Act 1994.

5Notification of surrender of Bell Street lands

Upon—

(a)registration in the office of the registrar of titles of a plan of survey amalgamating the lands referred to in the definition Bell Street lands, paragraphs (a) to (c); and

(b)registration, in accordance with subsection (2), in the office of the registrar of titles of an instrument of transfer and surrender to Her Majesty of the Bell Street lands, the registrar of titles shall forthwith notify the registrar of dealings in writing of that transfer and surrender.

(2)An instrument of transfer and surrender to Her Majesty of the Bell Street lands shall not be registered in the office of the registrar of titles unless there is lodged in that office with the instrument of transfer and surrender the written consent to the registration thereof of—

(a)every mortgagee under a mortgage encumbrance registered or noted on an instrument of title to the Bell Street lands or any part thereof and to which those lands or that part are subject immediately before such registration; and

(b)every person whose caveat is registered or noted on an instrument of title to the Bell Street lands or any part thereof, being a caveat lawfully lodged with the registrar and that remains in force.

6Proclamation of designated day

Upon receipt by the registrar of dealings of—

(a)the notification referred to in section 5; and

(b)a document purporting to be a copy of an agreement (duly stamped under the Stamp Act 1894) entered into by Kern Corporation Ltd and the trustees (at the time of the agreement’s execution) of the Ipswich Trades Hall and Labour Day Committee and certified on behalf of both parties to the agreement to be a true copy of the agreement, being an agreement for the design and construction on the Bell Street lands of premises suitable for use in part as the Ipswich Trades Hall; and

(c)a certificate of classification as prescribed by the Standard Building Law, section 6.3 under the Building Act 1975 from the Council of the City of Ipswich in respect of the building work carried out by Kern Corporation Ltd on the Bell Street lands; and

(d)a certificate from the Council of the City of Ipswich confirming that all rates, charges and fire levies payable to that council in respect of the Bell Street lands and the Nicholas Street lands, up to and including the date of execution of that certificate, have been paid; and

(e)a certificate of an architect acceptable to both parties to the agreement referred to in paragraph (b) that the building work carried out by Kern Corporation Ltd under that agreement has been executed to practical completion; and

(f)the written consent of every mortgagee under a mortgage encumbrance registered or noted on an instrument of lease of the Nicholas Street lands immediately before the day on which the proclamation referred to in this section is made, being a consent to the termination pursuant to section 7 of the perpetual leases over the Nicholas Street lands;

the Governor may by proclamation appoint a day for the purposes of this Act, which day is in this Act referred to as the designated day.

Editor’s note—

The designated day is 1 September 1988 (proc pubd gaz 3 September 1988 p 12).

7Consequences upon proclamation of designated day

(1)Upon the designated day—

(a)the perpetual leases over the Nicholas Street lands shall terminate and those lands shall, subject to this Act, revert to being Crown land freed and discharged from all trusts and encumbrance easements that immediately before the designated day affected those lands; and

(b)the Nicholas Street lands shall cease to have the benefit they had immediately before the designated day under any benefit easement; and

(c)Kern Corporation Ltd shall be entitled to a grant by the Governor in Council of an estate in fee simple pursuant to the Land Act 1962 in the Nicholas Street lands in priority to all other persons and the registrar of dealings is hereby authorised, for that purpose, to amalgamate the lands referred to in the definition Nicholas Street lands, paragraphs (a) and (b); and

(d)the trustees for the time being of the Ipswich Trades Hall and Labour Day Committee shall be entitled to a grant by the Governor in Council in trust of the Bell Street lands and the improvements thereon pursuant to the Land Act 1962-1986 under the official name of ‘The Trustees of the Ipswich Trades Hall and Labour Day Committee’ upon the trusts and with the powers specified in schedule 2; and

(e)the powers specified in schedule 2 shall be deemed to form part of the purposes of the Ipswich Trades Hall; and

(f)the purposes of the Ipswich Trades Hall shall be deemed to be public purposes within the meaning of the Land Act 1994.

(2)The specification in schedule 2 of a power of the trustees shall not be taken to limit the powers of the trustees pursuant to the Land Act 1994 but in the event of any inconsistency between a power so specified and a provision of that Act schedule 2 shall prevail and the provision of that Act shall, to the extent of the inconsistency, be of no force or effect.

8Effect on mortgages of attaining purposes of Act

(1)Upon the registration of the transfer and surrender to Her Majesty of the Bell Street lands, being the registration referred to in section 5, those lands shall be thereby freed and discharged from—

(a)any charge created by a mortgage encumbrance that affected those lands; and

(b)any equitable charge claimed to affect those lands;

immediately before the registration.

(2)Upon the termination of the perpetual leases over the Nicholas Street lands, being the termination referred to in section 7, those lands shall be thereby freed and discharged from—

(a)any charge created by a mortgage encumbrance that affected those lands; and

(b)any equitable charge claimed to affect those lands;

immediately before the termination.

(3)The provisions of subsection (1) or (2) shall not affect the continued operation of personal covenants or undertakings entered into by the registered proprietor or lessee of the lands therein referred to before the registration or, as the case may be, the termination therein referred to.

9Registrars to give effect to this Act

(1)The registrar of dealings is authorised and required to make (without further or other authority than this subsection) in the registers kept by the registrar such entries and endorsements as are necessary or desirable to give effect to the provisions of—

(a)section 7(1)(a) and (b); and

(b)section 8(2).

(2)The registrar of titles is authorised and required to make (without further or other authority than this subsection) in the register kept by the registrar such entries and endorsements as are necessary or desirable to give effect to the provisions of section 8(1), notwithstanding any caveat that applies in respect of any of the lands in question.

(3)Entries and endorsements to be made under subsection (1) or (2) shall be made without payment of any fees.

10Further provision by order in council

(1)The Governor in Council may, from time to time, by order in council prescribe with respect to all matters that in the Governor in Council’s opinion are necessary or desirable for effectually achieving the objects and purposes of this Act.

(2)The Acts Interpretation Act 1954, section 28A shall apply in respect of every order in council made under subsection (1) as if the order were a regulation.

12Governor in Council may amend trusts

(1)The Governor in Council may by order in council, at the request of the Ipswich Trades Hall and Labour Day Committee, amend the trusts specified in the schedule of trusts contained in schedule 2 and thereupon the trusts as amended shall be deemed to be the trusts contained in schedule 2 for the time being.

(2)The Acts Interpretation Act 1954, section 28A shall apply in respect of every order in council made under subsection (1) as if the order were a regulation.

13Protection of persons administering Act

Neither the registrar of dealings, the registrar of titles nor any other person shall incur any liability on account of anything done bona fide and without negligence for the purposes of this Act for loss or damage alleged to have arisen by reason thereof.

section 7

To hold the Bell Street lands and the improvements for the time being thereon upon trust for the purposes of the Ipswich Trades Hall with power to the trustees, free of any restriction prescribed by the Land Act 1994—

(a)to mortgage the whole or part of the lands and the improvements thereon to secure repayment of any advance or advances made in respect of those improvements and for the purpose of effecting further improvements on the lands or of maintaining the improvements on the lands and to secure payment of interest on such advance or advances;

(b)to let or lease, with the consent of the mortgagee (if any), the whole or part of the lands and the improvements thereon that is surplus to the requirements of the Ipswich Trades Hall.