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©State of Queensland
QUEENSLAND
BRISBANE CRICKET GROUND ACT 1958-1978
[Reprinted as at 1 August, 1981]
Brisbane Cricket Ground Act of 1958, 7 Eliz. 2 No. 68 As amended by
Brisbane Cricket Ground Act Amendment Act of 1961, 10 Eliz. 2 No. 43 Racing and Betting Act Amendment Act 1971, No. 9
This Act (excluding ss. 3, 6, 8, 9, 12 and 17) commenced 23 October 1971 (Proc.
pubd. Gaz. 23 October 1971, p. 840).
Brisbane Cricket Ground Act Amendment Act 1971, No. 67 Brisbane Cricket Ground Act Amendment Act 1978, No. 21
ss. 2-6 and s. 9 commenced 8 July 1978 (Order in Council pubd. Gaz.
8 July 1978, p. 1180) but see s. 7 (3) re s. 3.
An Act Relating to the Brisbane Cricket Ground
[Assented to 16 December 1958]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. (1) Short title. This Act may be cited as "The Brisbane Cricket Ground Act of 1958."
(2) Commencement of Act. Save as herein otherwise provided this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced 6 April1959 (Proc. pubd. Gaz. 4 April1959, p. 1868).
Collective title conferred by Act of 1978, No. 21, s. 1 (3).
2. Repeals. "The Brisbane Cricket Ground Act of 1897," "The Brisbane Cricket Ground Act of 1906," and" The Brisbane Cricket Ground Act of 1929," are hereby repealed and the persons appointed pursuant to those Acts to be trustees of the Brisbane Cricket Ground and in office as such at the date of the coming into operation of this Act shall cease to be such trustees and their offices as such shall be and are hereby determined:
Provided that, but without prejudice to " The Acts Interpretation Acts, 1954 to 1957," neither the repeal of the Acts repealed by this Act nor, save as expressly provided in this Act, anything contained in this Act shall prejudice or affect any mortgage, lease or other transaction
with respect to the lands described in Part I of Schedule II to this Act or any part thereof lawfully made or entered into pursuant to the Acts repealed by this Act before and subsisting immediately prior to such repeal.
3. Meaning of terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-
" Minister "-The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act;
" The Trust "-The body corporate constituted by the trustees appointed under this Act and in office as such for the time being.
4. (1) Establishment of the Trust. There shall be established in accordance with this Act a body to be called " The Brisbane Cricket Ground Trust " (herein referred to as the " Trust ").
(2) Number of trustees. The Trust shall consist of eight trustees appointed as prescribed by this Act.
(3) Trust to be body corporate. The Trust shall be a body corporate under the name and style of " The Brisbane Cricket Ground Trust " and by that name shall have perpetual succession and an official seal and, subject to and for the purposes of this Act, shall be capable in law of suing and being sued under its corporate name and of taking, holding, conveying and otherwise dealing with property real or personal, movable or immovable.
( 4) Seal of Trust. All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the Trust affixed to
any document and shall presume that it was duly affixed.
(5) The Trust is a public authority of the State of Queensland.
No part of the property of the Trust shall be distributable, whether by way of division of profits or by way of distribution. of assets, among the members of any body on whose behalf the property of the Trust is held under section 18 of this Act.
As amended by Act of 1971, No. 67, s. 2; Act of 1978, No. 21, s. 2.
5. Appointment of trustees. (1) Of the eight trustees-
( a) three shall be representatives of the Government of the State;
(b) one shall be a representative of the State Government Insurance Office (Queensland);
(c) two shall be persons who are associated with the activities of The Queensland Cricket Association;
(d) one shall be a person who is associated with the activities of the Queensland Cricketers' Club;
(e) one shall be a person who is associated with the activities of the Gabba Greyhound Racing Club.
BRISBANE CRICKET GROUND ACT 1958-1978 SS. 6, 6A 3
(2) The trustees shall be nominated by the Minister and appointed by the Governor in Council by notification published in the Gazette and, subject to this Act, shall-
(a) hold office for a period of five years commencing on the date specified in that respect in the notification or, in the absence of such specification, on the date of publication in the Gazette of the notification; and
(b) if under the age of 70 years, be eligible for re-appointment.
Substituted by Act of 1978, No. 21, s. 3.
6. Vacation of office. (1) The office of a trustee becomes vacant if he-
( a) dies or becomes mentally ill;
(b) becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;
(c) is convicted of an indictable offence for which he is liable to be punished by imprisonment for 12 months or more;
(d) resigns his office by writing under his hand addressed to the Trust and the resignation is accepted by the Trust;
(e) attains the age of 70 years ;
(f) becomes incapable as prescribed by section 7 of continuing to be a trustee;
(g) is removed from office by the Governor in Council for any reason appearing to the Governor in Council to be sufficient for so doing.
(2) The Governor in Council, for any reason appearing to him to be sufficient for so doing, may remove a trustee from office.
Substituted by Act of 1978, No. 21, s. 4.
6A. Filling of casual vacancies. (1) Where a vacancy occurs in the office of a trustee, the Governor in Council may, subject to the requirements of this section, appoint another person as a trustee to hold office for the balance of his predecessor's term of office as a trustee.
(2) Notification of the appointment to fill the casual vacancy shall be published in the Gazette and it shall be sufficient to specify in such notification the substituted trustee's period of office by reference to the term of office of his predecessor.
(3) The person appointed to fill the casual vacancy shall be nominated by the ·Minister and representative of or, as the case may be, associated with the activities of the like interest as his predecessor pursuant to the provisions of section 5.
Inserted by Act of 1978, No. 21, s. 5.
6B. Validity of certain acts, etc., of Trust. (1) An act or proceeding of the Trust shall not be invalid or ineffectual in consequence only of the number of trustees not being complete at the time of such act or
proceeding. .
(2) All acts and proceedings of the Trust shall, notwithstanding any defect in the appointment of a trustee or that any trustee was disqualified or disentitled to act, be as valid and effectual as if every such trustee had been duly appointed and was qualified and entitled to act and as if the Trust had been properly and fully constituted.
Inserted by Act of 1978, No. 21, s. 5.
7. Disqualification from membership of Trust. (1) A person who is concerned or participates, directly or indirectly, in any contract with the Trust or The Queensland Cricket Association or the Queensland Cricketers' Club or The Gabba Greyhound Racing Club shall not be capable of being or continuing to be a trustee.
(2) This section does not apply with respect to a contract entered into with the Trust by a body corporate where such body corporate comprises more than twenty members and the contract is for the general benefit thereof.
(2A) The trustee who is the representative of the State Government Insurance Office (Queensland) is not disqualified from office by reason of any' interest of that Office in the Trust arising out of the implementation of section 22A.
(3) Any person who acts, or attempts to act, as a trustee at any time when he is incapable as ·prescribed by this section shall be guilty of an offence and liable to a penalty of not more than $200 and, if he continues that offence after he is convicted therefor, to a daily penalty not exceeding $40 for each and every day during which he so continues that offence.
(4) An offence against this section may be prosecuted in a summary way under "The Justices Acts, 1886 to 1958."
As amended by Act of 1978, No. 21, s. 6.
8. Register of trustees to be kept. Schedule I. The secretary for the time being of The Queensland Cricket Association shall keep or cause to be kept a register of trustees appointed under this Act and such register shall be called and inscribed as " The Brisbane Cricket Ground Trust, Register of Trustees " and shall be in the form or to the effect contained in Schedule I hereto; and such secretary shall with all reasonable despatch enter or cause to be entered in such register of trustees the names, addresses, and occupations of the trustees first appointed under this Act with all other particulars indicated in the said Schedule I.
The said secretary shall from time to time, upon the appointment of any new trustee or trustees under this Act, or the determination of the appointment of any trustee, insert or cause to be inserted in such
BRISBANE CRICKET GROl.JND ACT 1958-1978 ss. 9-11
register of trustees the name and addition of the new trustee or trustees, and how the vacancy in the trust occurred, whether by death, retirement or otherwise, and the date of the appointment of the new trustee or trustees, and also the date of the insertion of his or their name or names in such register of trustees or, as the case may be, the fact and cause of the determination and the date thereof and of the entry, and such secretary shall sign his name in such register of trustees in the proper column, in the same line with the name of every trustee to authenticate the due appointment or determination of the appointment of each trustee.
9. Power to amend register. The secretary for the time being of The Queensland Cricket Association shall have full power at any time to amend the register of trustees by rectifying any error .or supplying any omission therein and shall initial such amendment and add the date thereof, but shall not render illegible the part so rectified; and the register so amended shall have all the validity and operation by this Act conferred upon the register of trustees.
5
10. Production of register sufficient evidence. A book purporting to be the register of trustees hereinbefore referred to shall, on production thereof by the secretary of The Queensland Cricket Association for . the time being or by any person appointed in writing so to do by him, be received and taken in all legal proceedings and on all occasions whatsoever as sufficient evidence (except in case of fraud or collusion) for and against not only the immediate parties but for and against third persons, mortgagees, and all others whom it may concern, as to who are or were the trustees and also of the vacancies which occurred in the Trust, and of the appointment of new trustees to supply such vacancies, and of the date of the insertion of their names as aforesaid in such register of trustees, and of their consent to act, and of all other matters recorded therein in pursuance of this Act.
Judicial notice shall be taken of such book and nf the signatures of the said secretary therein; and any extract purporting to be an extract from such register of trustees, and certified under the hand of the said secretary, and sealed with the seal of the Trust, shall be received and taken in all legal proceedings and in all dealings with the lands vested in the Trust by this Act as sufficient evidence of the several extracted matters comprised in such extract without the production of such register of trustees, and judicial notice shall be taken of the signature of the said secretary to every such extract, and of such seal of the Trust .
. 11. Transfers, conveyances, etc., executed by majority sufficient. Any mortgage, lease or other dealing of or in the lands vested in the Trust by this Act small, if signed by a majority of the trustees for the time being named in the register of trustees herein mentioned and sealed with the seal of the Trust, be as effectual as if such mortgage, lease or. other dealing had been duly signed by all the trustees and so sealed.
54396-B
12. General register of all Crown trusts. If at any time provision is made under "The Land Acts, 1910 to 1958," for the keeping in the Department of Public Lands of a register of trustees (herein in this section referred to as the " general register of trustees ") of all Crown lands for the time being granted in trust or placed under the control of trustees by an official name which does not individually name the trustees, and that provision is such as to enable the information and particulars prescribed by this Act to be inserted in the register of trustees prescribed by this Act to be kept in the general register of trustees, then the secretary for the time being of The Queensland Cricket Association shall make arrangements with the secretary of the Land Administration Board for the amalgamation with and inclusion in the general register of trustees of the register of trustees prescribed by this Act and, subject to the effecting of such arrangements, it shall be no longer necessary to keep the register of trustees prescribed by this Act, but the secretary of The Queensland Cricket Association shall as and when the occasion requires apply to the secretary of the Land Administration Board to enter in the general register of trustees all information and particulars which, but for this section, the former secretary would be required to enter or cause to be entered in the register of trustees prescribed by this Act, and shall furnish in or in connection with any such application all such information and particulars as the secretary of the Land Administration Board may require.
13. Preservation of existing membership rights. All rights conferred or derived upon or by any persons by or from the trustees appointed from time to time pursuant to the Acts repealed by this Act before and subsisting immediately prior to the passing of this Act with respect to admission to the Brisbane Cricket Ground shall be and are hereby preserved and continued, and it is hereby declared that the Trust shall do and take and cause to be done and taken at any time and from time to time all such things and steps as are necessary to give operation and effect to those rights.
14. Power to mortgage. (1) Subject to this section the Trust may borrow moneys and may for the purpose of so doing mortgage the freehold lands subject to "The Real Property Acts, 1861 to 1956,"
described in Part IV of Schedule II to this Act or any part of those lands.
(2) The amount or the aggregate, exclusive of interest, due at any one time in respect of moneys borrowed by the Trust pursuant to this section shall be not larger than $500 000 or such higher amount as is determined from time to time by Order in Council in respect thereof.
Any mortgage affecting the lands hereinbefore mentioned in this section as at the date of the coming into operation of this Act and any moneys borrowed by the Trust the repayment whereof is guaranteed by the Treasurer shall be taken into account in calculating the amount or aggregate hereinbefore specified in this section.
BRISBANE CRICKET GROUND ACT 1958-1978 ss. 15-18 7 (3) The Treasurer may, on behalf of the Crown, guarantee the repayment of any moneys borrowed by the Trust together with interest thereon.
(4) In particular the Treasurer is, and it is hereby declared always was, authorised on behalf of the Government to guarantee the repayment of the overdraft to a limit of twenty-two thousand pounds, together with interest thereon, approved by the Australia and New Zealand Bank Limited for the body known as the Brisbane Cricket Ground Joint Advisory Committee about the nineteenth of September, one thousand nine hundred and fifty-eight.
As amended by Act of 1978, No. 21, s. 8.
15. Termination of existing trusts. On and from the date of the coming into operation and by virtue of this Act the freehold lands under " The Real Property Acts, 1861 to 1956," described in Part I of Schedule II to this Act, and all other property vested in or held upon trust by the trustees appointed under the Acts repealed by this Act, and in office immediately prior to the coming into operation of this Act, shall be absolutely freed and discharged from the trusts upon and subject to which such lands and property were theretofore vested in and held by the said trustees, and be divested from the said trustees.
16. Land to become public road. On and from the date of the coming into operation and by virtue of this Act the land described in Part II of Schedule II to this Act shall be open for public use as a road discharged from all rates, mortgages, charges, encumbrances, liens, leases, easements, licenses, estates or interests of what kind soever.
17. Closure of part of Stanley Street. On and from the date of the coming into operation and by virtue of this Act, the land described in Part III of Schedule II to this Act is closed as a public road and, for the purposes of enabling that land to be more conveniently included in the land which is described in Part IV of Schedule II to this Act and dealt with as prescribed by section eighteen of this Act, is hereby declared to be subject to the two several encumbrances for sewerage purposes over the lands described in Part I of Schedule II to this Act registered in the office of the Registrar of Titles at Brisbane and numbered respectively 918770 and 965557 and to Bill of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered A397143.
18. Property vested in the Trust. On and from the date of. the coming into operation and by virtue of this Act-
(a) The lands described in Part IV of Schedule II to this Act shall vest in the Trust upon trust for the members for the time being of The Queensland Cricket Association to be used as a cricket ground and, subject to section twenty-three of this Act, for such other purposes as the Trust may from time to time approve discharged from Bill of Mmtgage registered in the office of the Registrar of Titles and
numbered A400779 but, save that Bill of Mortgage, subject as respects the whole of those lands to and without prejudice to any mortgage, charge, encumbrance, lien, lease, easement, agreement, license or other transaction affecting the same other than the part thereof described in Part III of Schedule II to this Act; and
(b) All property, other than the freehold lands described in Part I of Schedule II to this Act, divested as prescribed by section fifteen of this Act shall vest in the Trust upon trust for the members for the time being of The Queensland Cricket Association and, subject to section twenty-three of this Act, for such other purposes as the Trust may from time to time approve, but subject to and without prejudice to any debt, liability or obligation specially charged on or affecting the same. .
19. Land to be sold. (1) On and from the date of the coming into operation and by virtue of this Act the land described in Part V of Schedule II to this Act shall vest in the Trust upon trust-
(a) For the members of The Queensland Cricket Association until the expiration of the lease registered in the office of the Registrar of Titles at Brisbane and numbered B3211; and (b) As soon as may be after the expiration of the said lease to sell such land and to apply the proceeds of such sale as prescribed by this section.
(2) The land to which this section relates shall vest in the Trust subject to the said lease numbered B3211 but discharged from Bills of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered respectively A397l43 and A400779 and to any other charge, encumbrance, lien, lease, easement or license, save rates, affecting the same.
(3) The Trust may, with the prior approval of the Governor in Council, sell to Brisbane City Council for an estate in fee-simple the land to which this section relates completely freed and discharged from the trusts upon and subject to which such land is held by the Trust.
Brisbane City Council shall hold such land for public park and road purposes, and for no other purposes.
( 4) All moneys derived by the sale of the land to which this section relates shall be applied firstly -in defraying the costs of the sale and, subject to the payment of such costs, in repayment of the overdraft to a limit of twenty-two thousand pounds, together with interest thereon, approved by the Australia and New Zealand Bank Limited for the body known as the Brisbane Cricket Ground Joint Advisory Committee about the nineteenth day of September, one thousand nine hundred and fifty- eight.
As amevded by Act of 1961, 10 Eliz. 2 No. 43, s. 2.
BRISBANE CRICKET GROUND ACT 1958-1978 ss. 20-22 9 20. Bus turn-a-round. (I) The Trust may enter into with Brisbane City Council arrangements with respect to the use by Brisbane City Council of the land described in Part VI of Schedule II to this Act for the purpose of the turning round of electric trolley buses and diesel buses used by Brisbane City Council for the carriage of passengers.
Such arrangements may include the grant by the Trust to Brisbane City Council of an easement in respect of such land for such purpose.
If such an easement is granted the Registrar of Titles shall enter a memorial of the instrument creating the same on the folium of the register book constituted by the existing deed of grant or certificate of title of such land when such instrument is produced to him for registration, notwithstanding that such easement is not being annexed to or used and enjoyed together with any other land, whether under the provisions of" The Real Property Acts, 1861 to 1956," or not.
(2) The Trust may enter into with Brisbane City Council arrangements with respect to the continuance of the use by Brisbane City Council of the tramway inspector's office abutting upon Stanley Street and of the meal room and other accommodation for tram and bus employees of Brisbane City Council abutting upon Main Street.
21. Fresh deeds of grant. (1) The Governor in Council shall issue two fresh deeds of grant comprising respectively:-
(a) The lands described in Part IV of Schedule II to this Act;
and
(b) The lands described in Part V of Schedule II to this Act.
(2) Upon the enrolment of those deeds of grant under the provisions and for the purposes of "The Real Property Acts, 1861 to 1956," the Registrar of Titles shall cancel Certificate of Title Number 518599 volume 2599 folio 89.
(3) The Registrar of Titles shall endorse upon the fresh deed of grant for the lands described in Part IV of Schedule II to this Act the two encumbrances for sewerage purposes registered in his office and numbered respectively 918770 and 965557 and the Bill of Mortgage registered in his office and numbered A397143.
( 4) The Registrar of Titles shall endorse upon the fresh deed of grant for the lands described in Part V of· Schedule II to this Act the lease registered in his office and numbered B3211.
22. Power to sell surplus land. (1) The Trust may, with the prior approval of the Governor in Council, sell for an estate in fee-simple, any part not required for the purposes of a cricket ground of the lands described in Part IV of Schedule II to this Act completely freed and discharged from the trusts upon and subject to which those lands are held by the Trust.
The Governor in Council may, with respect to his consent, impose a condition that the land shall not be sold at a price less than a sum
specified by him or a condition that the land shall not be sold by private contract unless it is first offered for sale by public auction, or both those conditions.
He may also impose conditions with respect to the terms and security upon which the land may be sold.
(2) All moneys derived by the sale of any land pursuant to this section shall be applied by the Trust firstly in defraying the costs of the sale, and, subject to payment of such costs, for the purposes of the trust created by this Act.
22A. Implementation of Improvement Scheme. (1) In this section the term " commercial lands " means all that part of the freehold lands (described as Resubdivision 2 of Subdivision 1 of Allotment 1 of Section 54, County. of Stanley, Parish of South Brisbane, City of Brisbane, containing ten acres three roods eleven perches and four-tenths of a perch more or less contained in Certificate of Title, Volume 3577, Folio 26) vested in the Trust under this Act at the commencement of this section that abuts on Stanley Street and is shown hachured on the plan contained in Schedule III to this Act and such other land so vested as the Trust designates as commercial lands pursuant to subsection (2) of this section.
(2) The Trust may, with the approval of the Governor in Council, designate as " commercial lands " such part of the freehold lands vested in the Trust under this Act as is, in the opinion of the Trust, suitable for commercial development and which may, in the opinion of the Trust, be commercially developed without rendering the part of such freehold lands that is not commercial lands unsuitable or substantially less suitable for use as a cricket ground.
(3) The estate in fee-simple in the commercial lands shown on the plan contained in Schedule III to this Act is hereby vested (the estate of the Trust therein being hereby divested from the Trust) in the State Government Insurance Office (Queensland), hereinafter in this section referred to as the " Office ", freed and discharged from the trusts upon and subject to which such lands were held by the Trust and from Bills of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered B864143 and D232913 but, save those Bills of Mortgage, subject to all encumbrances, liens, leases, easements, agreements, licences or other transactions affecting the same as at the commencement of this section for a period of forty years from the completion of-
(a) the construction and performance by the Office of the improvements or works to be constructed or performed on the land by the Office; or
(b) the expenditure of moneys to be expended by the Office in connexion with the land,
in pursuance of any Order in Council made under this section whichever the later occurs.
( 4) Where the Governor in Council is of opinion that it is expedient for the provision on the freehold lands vested in the Trust under this
BRISBANE CRICKET GROUND ACT 1958-1978 s.22A 11 Act of adequate facilities to permit or facilitate the use by the Trust of those lands for the purposes for which they are so vested the Governor in Council may, by Order in Council published in the Gazette, vest (the estate of the Trust therein being thereby divested from the Trust) the estate in fee-simple in the whole, or such part as he deems fit, of the lands designated by the Trust as commercial lands pursuant to subsection (2) of this section in the Office freed and discharged from the trusts upon and subject to which such lands were held by the Trust, and from Bills of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered B864143 and D232913 but, save those Bills of Mortgage, subject to all encumbrances, liens, leases, easements, agreements, licences or other transactions affecting the same at the time the Order in Council is made, for such period as shall be specified in the Order in Council not exceeding forty years from the completion of-
( a) the construction and performance by the Office of the improvements or works to be constructed or performed on the land by the Office; or
(b) the expenditure of moneys to be expended by the Office in connexion with the land,
in pursuance of any Order in Council made under this section whichever the later occurs.
(5) Where the estate in fee-simple in any land is vested in the Office by or under this section for a specified period that estate shall remain so vested during any extension of the period under subsection (15) of this section.
(6) The Registrar of Titles shall, upon production to him of, in the case of lands vested in the Office by subsection (3) of this section, a copy of the Brisbane Cricket Ground Act Amendment Act 1971 and, in the case of lands vested in the Office under an Order in Council made under subsection ( 4) of this section, sufficient evidence of the making of the Order in Council under the said subsection (4), register on the instruments of title to the lands so vested a memorial of the vesting.
(7) The Office shall hold and deal with the lands of the Trust vested in the Office by or under this section at all times in accordance with such terms, conditions, authorities and directions as having been agreed, - whether before or after the commencement of this section, between the Trust and the Office and approved by the Governor in Council are specified in an Order in Council whether an Order in Council made under subsection (4) of this section in respect of the lands in question or in another Order in Council.
(8) The terms, conditions, authorities and directions referred to in subsection (7) of this section may, in addition to provision with respect to the construction and performance of improvements or works and the expenditure of moneys by the Office on or in connexion with the lands in question, include provision for the construction and performance by the Office of improvements or works of any kind or description on, and· the expenditure of moneys by the Office in connexion with, lands remaining vested in the Trust.
(9) The Office, being thereunto required by the Trust, shall forthwith upon the vesting in the Office by or under this Act of the estate in fee-simple in any land give a head lease or head leases to the Trust of the land so vested for a term being the term during which the estate in fee-simple in the land in question is vested in the Office less one day on such terms, reservations and conditions as the Office with the consent of the Governor in Council shall specify. Where more than one head lease is given by the Office in pursuance of this subsection, each head lease shall be in relation to such part of the land in question as the Office shall, with the consent of the Governor in Council, determine and no other consent or approval of any other authority shall be required in respect thereto.
(10) The Trust shall sub-let any land leased to it by the Office pursuant to subsection (9) of this section to such persons on such terms, reservations and conditions as are approved by the Office.
(11) It shall be lawful for the Trust to undertake financial obligations to the Office to ensure the recoupment to, and to the satisfaction of, the Office of moneys expended or to be expended by the Office on or in connexion with the lands of the Trust or lands vested in the Office by or under this section in accordance with the terms, conditions, authorities and directions mentioned in subsection (7) of this section together with interest at the rate or rates approved by the Governor in
Council. ·
(12) The Trust being required so to do by the Office, shall notwithstanding any provision of section 14 of this Act, give to the Office such security (including but without limiting the generality of this subsection a first ranking Mortgage Debenture and a Bill of Mortgage) over all the property of the Trust including lands vested in the Trust under this Act and any lands leased back to the Trust under subsection (9) of this section, and containing such covenants, conditions and requirements, as the Office shall require to secure the liabilities of the Trust, the Queensland Cricket Association and the Queensland Cricketers'
Club under-
(a) a Base to be entered into by the Trust, the Queensland Cricket Association and the Queensland Cricketers Club with the Office in connexion with the recoupment to, and to the satisfaction of, the Office of moneys expended or to be expended by the Office under or by virtue of any agreement between the Trust and the Office to which this section applies whensoever made together with interest at the rate or rates approved by the Governor in Council;
(b) any head lease or lease back by the Office to the Trust pursuant to subsection (9) of this section,
and whilst any such liability remains undischarged the Trust shall not [ give any security affecting the said property of the Trust to any person other than the Office without the consent of the Office first had and obtained. No power of sale under any security given in pursuance of this section shall be exercised by the Office without the consent of the Governor in Council.
BRISBANE CRICKET GROUND ACT 1958-1978 S. 22A 13 (13) Notwithstanding any other provision of this section, where the Governor in Council is satisfied that it is necessary for the recoupment to the Office of moneys expended by the Office as mentioned in subsection (11) of this section together with interest at the rate or rates approved under this section in relation thereto that all or any of the land vested in the Office by or under this section be sold or leased and consents thereto, the Office may sell or lease in accordance with the consent of the Governor in Council, for the best price or, in the case of a lease, rental obtainable and, if the Governor in Council so specifies, subject to such terms and conditions as the Governor in Council deems fit, such land or part thereof according as the Governor in Council specifies and in the case of a. lease, for a term not exceeding a term specified by the Governor in Council.
This subsection does not limit any power to lease conferred on the Office under or pursuant to any other provision of this section.
(14) The land sold under subsection (13) of this section shall upon the sale thereof be freed and discharged from any trust upon and subject to which it was formerly held by the Trust and from any limitation applicable under subsection (15) of this section which subsection shall upon such sale cease to be applicable to that land.
(15) Upon the expiration of the period specified in subsection (3) of this section or any Order in Council made pursuant to subsection (4) of this section for which the land to which the said subsection (3) applies or that is specified in such Order in Council is vested in the Office or any extension of the period which the Governor in Council is authorized by Order in Council published in the Gazette so to do where the Governor in Council determines that it is proper to extend the period to enable the provisions of the Order in Council, or any agreement entered into pursuant to the Order in Council or this section, to be carried out or complied with, the lands to which the said subsection (3) relates or, as the case may be, that are specified in the Order in Council first mentioned in this subsection shall revest (the estate of the Office therein being divested from the Office) in the Trust for the same estate and interest and, subject to subsection (17) of this section, upon and subject to the same trusts, as the estate, interest and trusts for, on or upon which those lands were held by the Trust immediately before the vesting of the lands in the Office by or under this section but subject to all encumbrances, liens, leases, easements, agreements, licences or other transactions affecting the same at the expiration of the period or extended period during which the lands were vested in the Office.
(16) The Registrar of Titles shall upon production to him of a certificate under the hand of the Minister certifying that the period or extended period for which the lands in question were vested in the Office by or under this section has expired (which the said Minister is hereby authorised so to do upon the application in that behalf by a person having an interest in the matter) register on the instruments of title to the lands revested under subsection (15) of this section a memorial of the revesting.
(17) Where upon the revesting of any land in the Trust by this section there are erected on the said lands buildings or improvements suitable for use for commercial purposes, the Trust may, with the prior
approval of the Minister to the lease and the terms, reservations and conditions and duration thereof, lease any of such lands, upon such terms and upon such conditions as the Trust may determine.
(18) The approval of the Minister for the purposes of subsection (17) of this section may be given generally or in a particular case.
(19) The moneys received by the Trust pursuant to subsection (17) of this section shall, after deducting therefrom all necessary and proper outgoings in relation to the lands and buildings (including outgoings for all proper maintenance and upkeep), be applied by the Trust for any of the purposes for which it may lawfully expend moneys of which it becomes possessed.
(20) Land vested by this section or by Order in Council made under this section or revested by this section shall vest or, as the case may be, revest according to the tenor of this section or, as the case may be, the Order in Council without further conveyance, transfer or assignment.
(21) No stamp duties are payable upon any instrument that evidences the vesting in the Office or the revesting in the Trust of any lands by or under this section.
(22) (Repealed).
(23) (Repealed).
(24) No contract, commitment or obligation of any kind involving the Trust in a liability in excess of $1,000, or such other amount as the Governor in Council may determine in substitution therefor, shall be entered into by the Trust without the consent of the member of the Trust who is the representative of the State Government Insurance Office (Queensland), which consent may be given generally or in a particular case.
(25) The Registrar of Titles shall, by virtue of this section, have power and authority to, and shall make or cause to be made, any necessary entries or endorsements or notings in or on the appropriate register book concerned and do and execute all such other acts, matters and things as may be necessary and proper to give full effect to this section and any Order in Council made under this section.
(26) In this section the term " commencement of this section " means the time when this section came or comes into operation.
Inserted by Act of 1971, No. 67, s. 3; as amended by Act of 1978, No. 21, s. 9.
23. Prohibited uses. (1) The use of the land described in Part IV of Schedule II to this Act as a racecourse or coursing ground under and within the meaning of " The Racing and Betting Acts, 1954 to 1958,"
is hereby prohibited.
If an application for the grant of a licence as a coursing ground for the conducting thereon of night coursing is made in respect of the land referred to in subsection (1) of this section or any part thereof and the Greyhound Racing Control Board of Queensland with the approval
BRISBANE CRICKET GROUND ACT 1958-1978 s.24 15 of the Minister of the Crown administering the Racing and Betting Act 1954-1971, recommends the granting of the licence, nothing in subsection (1) of this section prohibits the use of that land, or part thereof, in respect of which the application is made, for the conduct by a registered coursing club of night coursing meetings and the land or part thereof may be licensed for the conduct thereon of such meetings.
As amended by Act of 1971, No.9, s. 41 (1).
24. By-laws. (1) The Trust may, with the approval of the Governor in Council, make from time to time all such by-laws as are necessary or expedient for prescribing, providing for, regulating and controlling the business and proceedings of the Trust and all matters concerning or connected with the lands described in Part IV of Schedule II to this Act or any part thereof, and the general management thereof and for the purpose of carrying the provisions of this Act into effect including, but without limit to the generality of the foregoing provisions of this section-
( a) with respect to the Trust, the appointment and tenure of office of the chairman thereof, procedure, quorum and voting at meetings thereof and the conduct of the business of such meetings; and
(b) with respect to the said lands or any part thereof-
(i) the use thereof as a cricket ground or for any other purpose;
(ii) the admission thereto and the expulsion therefrom of persons;
(iii) the rates or charges to be paid for admission thereto (which rates or charges may differ with respect to different parts thereof or as to the persons admitted thereto or as to the purpose to which the admission is related).
(2) A by-law under this Act may impose a penalty not exceeding
$40 for a breach thereof.
Such a penalty shall be recoverable in a summary way under " The Justices Acts, 1886 to 1958."
(3) Liability of a person to such a penalty shall not relieve him from any other liability, civil or criminal, save that where an act or omission is an offence against both a by-law under this Act and some other Act or law, then the offender may be punished under either but not both.
(4) A by-law under this Act may be revoked, amended, altered, varied or otherwise modified by another such by-law.
(5) Every by-law under this Act shall be published in the Gazette and shall take effect on and from the date when so published unless it is thereby, or by another such by-law, prescribed to take effect on and from a later date (in which event it shall take effect as so prescribed).
(6) By-laws may be made on the passing of this Act.
As amended by Act of 1978, No. 21, s. 10.
25. Enforcement of by-laws. (1) The Trust, its lessees, licensees, permittees, agents and employees may demand, receive and recover all such rates and charges as are payable under the by-laws.
(2) Where a contravention of or failure to comply with any provision of a by-law causes danger or annoyance to the public or hindrance to the Trust, its lessees, licensees or permittees, or to the public in the lawful use of the said lands or any part thereof the Trust, its lessees, licensees or permittees, or the agents or employees of it or any of them, may interfere summarily to obviate or remove that danger, annoyance or hindrance.
(3) This section applies so as not to limit the liability of a person offending against the by-laws to be punished for that offence.
SCHEDULE I As amended by Act of 1978, No. 21, s. 11.
THE BRISBANE CRICKET GROUND TRUST REGISTER OF TRUSTEES
Number of Trustees-Eight
How
Date of Vacancy
Name of Address and Date of Insertion of Signature Occurred Trustee Occupation Appointment Name of of in Trust
of Trustee of Trustee Trustee Secretary such as
herein Death or
the Like
AB Wickham Deceased
Terrace, Brisbane, clerk
CD ditto Resig-
nation
EF ditto Removal
from office
GH Dec. 1st, Dec. 2nd,
1958 1958
[s. 8]
Signature of Secretary
BRISBANE CRICKET GROUND ACT 1958-1978 Sch.n 17 SCHEDULE II
PART I [s. 15]
Existing Certificate of Title No. 518599, Vol. 2599, Fol. 89.
Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 12 acres 0 roods 4 2/10 perches more or less.
Commencing at the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence on the west by Main Street bearing 349° 6', 4 chains 41 8/10 links, on the north and again on the west by a reserve bearing 89° 58', 4 chains 20 links and 348° 47', 5 chains 10 links, again on the north by Vulture Street bearing 90°, 11 chains 82 links, on the east by reserves bearing 179° 55', 9 chains 36 links and on the south by Stanley Street bearing 270° 4', 14 chains 21 links to the point of commencement; as shown on plan Cat. No. B.3.250 deposited in the Survey Office.
PART II [s. 16]
AREA TO BE OPENED AS ROAD
Being· part of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 4 8/10 perches more or less.
Commencing at the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence on the west by Main Street bearing 349° 6', 25 9/10 links, on the north by Subdivisions 2 and 1 bearing 95° 54', 1 chain 4 75/100 links; 98° 21', 41 85/100 links and 94° 23' 30", 1 chain 12 6/10 links and on the south by Stanley Street bearing 270° 1', 2 chains 52 95/100 links to the point of commencement; as shown on plan Cat. No. B.3.1553 deposited in the Survey Office.
PART III [s. 17]
Closed Road to be added to Subdivision 1 of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane;
containing 18 2/10 perches more or less.
Commencing at a point bearing 90° 1' and distant 2 chains 52 95/100 links from the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence on the north by Subdivision 1 bearing 90° 1', 11 chains 67 6/10 links, on the east by Stanley Street bearing 179° 55', 10 8/10 links and on the south by Stanley Street bearing 270° 4', 10 chains 38 7/10 links and 274° 23' 30", 1 chain 29 3/10 links to the point of commencement; as shown on plan Cat. No. B.3.1553 deposited in the Survey Office.
PART IV [s. 18]
BRISBANE CRICKET GROUND
Subdivision 1 of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 11 acres 3 roods 39 6/10 perches more or less.
Commencing at a point bearing 349° 6' and distant 1 chain 34 8/10 links from the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence on the west by Main Street bearing 349° 6', 3 chains 6 links, on the north and again on the west by Allotments 6 and 5 of Section 54 bearing 88° 43', 3 chains 93 5/10 links; 17° 40', 50 links ; and 348° 41 ', 4 chains 56 4 j 10 links, again on the north by Vulture Street bearing 90°, 11 chains 82 links, on the east by Allotments 4, 3 and 2 of Section 54 bearing 179° 55', 9 chains 46 8/10 links, on the south by Stanley Street bearing 270° 4', 10 chains 38 7/10 links, 274° 23' 30", 2 chains 41 9/10 links and 278° 21', 41 85/100 links, again on the west, south-west and south by Subdivision 2 bearing 7° 35', 47 6/10 links; 3° 9', 12 95/100 links; 348° 8', 12 8/10 links; 333° 25', 14 5/100 links; 317° 28', 13 45/100 links;
302° 18', 13 25/100 links; 286° 6', 13 1/10 links and 277° 37', 90 8/10 links to the point of commencement; as shown on plan Cat.
No. B.3.1553 deposited in the Survey Office.
PART V [s. 19]
GARAGE AREA
Subdivision 2 of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane; containing 19 perches more or less.
Commencing at a point bearing 349° 6' and distant 25 9/10 links from the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence by Main Street bearing 349° 6', 1 chain 8 9/10 links, on the north, north-east and east by Subdivision 1 bearing 97° 37', 90 8/10 links, 106° 6', 13 1/10 links;
122° 18', 13 25/100 links; 137° 28', 13 45/100 links; 153° 25', 14 5/100 links; 168° 8', 12 8/10 links; 183° 9', 12 95/100 links and 187° 35', 47 6/10 links and on the south by a line bearing 275° 54', 1 chain 4 75/100 links to the point of commencement; as shown on plan Cat. No. B.3.1553 deposited in the Survey Office.
PART VI [s. 20]
BUS TURN-A-ROUND
Resubdivision C, (Easement) of Subdivision 1 of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane;
containing 20 3/10 perches more or less.
Commencing at a point bearing 349° 6' and distant 1 chain 34 8/10 links from the intersection of Main and Stanley Streets at the south-west corner of the section, and bounded thence on the west by
BRISBANE CRICKET GROUND ACT 1958-1978 Sch. II 19 Main Street bearing 349° 6', 42 3/10 links, on the north, north-east and east by lines bearing 95° 53', 1 chain 76 2/10 links; 142° 19', 26 links; and 187° 41', 1 chain 27 85/100 links, on the south by a line bearing 278° 21', 41 85/100 links; again on the west, south-west and south by Subdivision 2 bearing 7° 35', 47 6/10 links; 3° 9', 12 95/100 links; 348° 8', 12 8/10 links; 333° 25', 14 5/100 links; 317° 28', 13 45/100 links; 302° 18', 13 25/100 links; 286° 6', 13 1/10 links and 277° 37', 90 8/10 links to the point of commencement; as shown on plan Cat. No. B.3.1553 deposited in the Survey Office.
SCHEDULE III Inserted by Act of 1971, No. 67, s. 4.
...
V)A/lot:.
~
~State
School4
A/1~.3~
17!'!'5S' Allot;.~
718 8 IU. JJo once
LIV
17";.0, so.o<-:
.,.,
2
I ~ ~~ r;tl~~-
"' ., 21.3·77/l-r.. gf ·"Lf?)
I .358'4::>' ~"-"'
R.~93 Resub-.
[s. 22A]
"·
V)
Allot;. 5 A!lot.'6 ~ 'S' . I
• Police Reserve
~Commercial
PlAN OF-AREA ~ Lands
70 BE EXCISED FROM RES US. 2
oF· .Sub. I oF A/loG. I oF Section 54 Parish oF South Brisbane
Coun"o/ oF stan/€!;:~
Clo/ oF Bristxme Sc~!e: H chains
54396-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO
BRISBANE CRICKET GROUND ACT 1958-1978
B
Brisbane City Council-
to hold land sold by Trust for public park and road purposes Bus tum-a-round-
Trust may enter arrangements with Brisbane City Council with respect to
By-laws-
approval of by Governor in Council by-law may impose penalty
enforcement of . . . . • . • • • • • • liability to penalty under, not to relieve from any other
liability
may be made on passing of Act revocation1 amendment, etc., of to be pubhshed in Gazette ..
Trust may make ••
Commencement of Act Commercial lands-
c
may be vested in State Government Insurance .Office meaning of term ins. 22A
Crown-
may guarantee mortgage by trust
D
Deeds of gran-
endorsement of encumbrances, etc., upon fresh deeds to issue • . • • • .
G
Governor in Council-
approval of, of by-laws . . • • approval of sale of surplus land
issue of fresh deeds of grant by • • . • may appoint person to fill casual vacancy of trustee may remove trustee from office . • . • to appoint trustees
Improvement scheme- implementation of
Meaning of terms- Minister The Trust Membership rights-
preservation of existing rights Minister-
I
M
consent to sale of land at less than reserve price meaning of term ..
Mortgage- Crown guarantee powers of trustees to
s. 19 (3) 20
24 (1) 24(2) 25 (1) 24 (3) 24 4) 24 ~6)
24 5) 24 1)
1 (2) 22A (3), ( 4) .•
22A, Scb. III 14 (3), (4) 0 0
21 (3), (4) 21
24 (I) 0 0 0 0
22, Sch. II, Pt. IV ..
21 0 0 0 0 0 0 6A
6 (2) 5 (2)
22A ••
3 3 13 19 (4)
3 14
p>.
(4)14 1)
Page
8 9
IS 15 16 IS 15 IS IS 15
10 10,20 6
9 9
1S 9, 18 9 3 3 3
10
2 2 6 8 2 7 6
0
Offences-
acting as trustee at any time when disqualified
p
Prohibited uses-
lands described as racecourse or coursing ground Public road-
certain land to be open for public use as closure of certain land as
Queensland Cricket Association- Q
duties of secretary of, re register of trustees
R
Register of Crown Trusts-
amalagamation in, of register of trusts kept under Act Registrar of Titles-
cancellation of certain certificates of Title . . . . . . endorsement of encumbrances, etc., upon fresh deeds of grant registration of easement re bus tum-a-round
Re&ister of trustees- amendment of register
arrangements may be made for amalgamaii~n i,; "generai register of Crown trusts
entry of new appointments and determination of appointments form of . . . . . . . . . . . . . . judicial notice of extract from to be received in evidence particulars to be entered in . . . •
production of to be sufficient evidence . . . . secretary of The Queensland Cricket Association to keep Repeals
Sale of lands by Trust-
application of proceeds . • • • . • certain land to vest in Trust and be sold encumbrances on, discharge of ..
sale free from trusts surplus lands, powers of Savings-
s
s. 7 (3), (4) ..
23
16, Sch. II, Pt. II ..
17, Sch. II, Pt. III .•
ss. 8, 9
s. 12 21 (2) 21 (3), (4) 20 (l)
9 12
8 8, S~h. I 10
8 10 8 2
19 (4) 19 (I) 19 (2) 19 (3) 22 any mortgage, lease or other transaction with respect to lands 2
described in Part I of Schedule II Secretary of the Queensland Cricket Association-
extract from register certified under hand of, to be received and taken in evidence
judicial notice of signature of ..
powers of, to amend register . . . . production by, of register to be evidence to keep register of trustees
Short title
State Government Insurance Office (Queensland}-
lands may be vested in for a period of 40 years for improvement of grounds
power of to sell land held by Trust to recoup expenses for improvements
10 10 9 10 8 1 (1) 22A, Sch. III 22A (13)
Pace
4
14 7, 17 7, 17
4,5
6 9 9 9 5 6 4 4, 16
s 4 5 4
8 8 8 8 9
5 5 5 5 4
10,20 13
INDEX
T
Termination of existing trusts, provisions re Transfers, conveyances, etc.-
execution of by majority of trustees sufficient Treasurer-
guarantee by, on behalf of Crown, of mortgage by Trust Trust
disqualification from membership of enforcement of by-laws by ..
establishment of . . . .
issue of fresh deeds of grant to . . . . . . . . land held by, power of State Government Insurance Office (Queensland) to sell to recoup expenses for improvements
land to be sold by . • . . . . . . . . . . may enter in arrangements with Brisbane City Council with respect to use of certain land as a bus tum-a-round may vest lands in State Government Insurance Office
(Queensland) meaning of term ..
name of ..
number of trustees . . . . . . power of, to make by-laws . . . . . . power to borrow moneys and mortgage lands power to sell surplus land
property vested in ..
seal of trust
to be body corporate ..
to give State Government Insurance Office (Queensland)
· Security for liability of Trust for improvements to take steps necessary for preservation of existing membership
rights
validity of certain acts, etc., of Trustees-
appointment of by Governor in Council . . . . . . appointment under repealed Acts, determination of office of casual vacancies of, filling of . . . .
disqualification from membership of Trust . . . . execution of transfers, etc., by majority of, sufficient register of. See Register of Trustees.
vacation of office of who t0 be ..
s. 15 11
14 (3), (4)
7 25 ..
4 (1) 21 ..
22A (13)
19, Sch. II, Pt. V ..
20, Sch. II, Pt. VI ..
22A (3), (4) ..
3 ..
4 (I) 4 (2) 24
14 . . . . . . 22, Sch. II, Pt. IV ..
18, Scl1. II, Pt. IV ..
4 (4) 4 (3) 22A (12) 13
6B
5 (2) 2 6A 7 II
6 ..
5 (I)
54396-By Authority: S. R. HAMPSON, Government Printer, Queen;land Page
23
7
5
7 4 16 2 9 13
8, 18 9, 18 10 2 2 2 15 6 9, 18 7, 18 2 2 12 6 4
3 I 3 4 5 3 2
