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©State of Queensland
QUEENSLAND
CITY OF TOWNSVILLE (LANDS PURCHASE) ACT OF 1965, No. 33
[Reprinted as at 1 December, 1983]
An Act to Enable the Council of the City of Townsville to Purchase for an Estate in Fee-simple certain Lands now Held by It in Trust
[ASSENTED TO 30 SEPTEMBER, 1965]
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. Short title. This Act may be cited as "City of Townsville (Lands Purchase) Act of 1965."
2. Termination of existing trusts. As from the passing and by virtue of this Act the freehold lands under "The Real Property Acts, 1861 to 1963," described in the Schedule to this Act and numbered respectively lots 1, 2 and 3, shall be absolutely freed and discharged from the trusts upon and subject to which such lands were heretofore vested in and held by the Council of the City of Townsville, and be divested from the said Council, and become and be Crown lands.
3. Authority to sell and purchase. (1) The Governor in Council may in the name of Her Majesty, sell to the Council of the City of Townsville, and the said Council may purchase for an estate in fee-simple the lands described in the Schedule to this Act completely freed 'and discharged from the ,trusts upon and subject to which those lands were vested in and held by the said Council before the commencement of this Act but, save those trusts, subject to any and every mortgage, charge, encumbrance, lien, lease, easement, agreement, license or other transaction affecting those lands or any lot or ,part of a lot thereof.
(2) The purchasing prices of the several lots of the lands the sale and purchase whereof is authorised by subsection ( 1 ) of this section, shall be the amounts set out opposite and relative to such lots respectively in the second column of the Schedule to this Act.
The aggr,egate of such purchasing prices, being the sum of $335,920, shall be payable by the Council in ten equal annual instalments.
2 s.4 CITY OF TOWNSVILLE (LAND PURCHASE) ACI' OF 1965'
(3) Such instalments ,shall be payable respectively on the first day of October, one thousand nine hundred and sixty-five, and on each succeeding first day of October thereafter until payment thereof has been completed.
Any part payment of such an instalment may be appropriated as the Minister for Lands (in this Act called "the Minister") directs.
(4) The Minister may, in his discretion, extend the time for payment of the whole er the part attributable to any lot of any o.f the aforesaid instalments but so that the time within which the Council is required by this section to' complete the purchase of all of the lots by paying in full the aggregate of the purchasing prices therefor shall not be extended beyend the first day of October, one thousand nine hundred and seventy-five.
(5) The Council ef the City of Tewnsville shall not sell er agree to sell any of the lets ef land described in the Schedule to. this Act or any part of any such let before it has paid in full the purchasing price of the lot in question.
(6) If the Ceuncil of the City of Tewnsville fails to' pay in full so much of any annual instalment payable by it under this Act as is attributable to any lot on or before the due date fer payment thereof or within such extended time later than such due date as the Minister may have permitted, the Govern'Or in Council may cancel the deed of grant issued under this Act for the lot in question and thereupon and thereby all right, title or interest of the Ceuncil in the land comprised in such deed shall be forfeited to the Crown.
(7) The Council of the City of T'Ownsville may at any time co.mplete the purchase ef all or any of the l'Ots by paying the ·whole, or as the case may be, the part attributable to' ,the lot or lets in question of the amount then remaining to be paid of the aggregate of the purchasing prices.
Decimal currency reference substituted pusuant to section 7 of Decimal Cur- rency Act of 1965.
4. Fresh deeds of grant. (1) Subject to the Council of the City of Tewnsville pay.ing the first annual instalment of the aggregate 'Of the purchasing prices o.f the lands described in the Schedule to this Act, the appropriate deed and assurance fees, and any required survey fees, the Govern'Or in Ceuncil shall issue to the said Council three deeds of grant comprising respectively the three lots 'Of such lands described in the Schedule to' this Act.
(2) Each such grant shall be made subject to such reservations and conditions as are authorised er prescribed by "The Land Acts, 1910 to 1965," or any ether Act.
CIlY OF TOWNSVILLE (LAND PURCHASE) ACT OF 1965
s.5,Sch. 3
(3) Upon the enrolment of those deeds of grant under the provisions and for the purposes of "The Real Property Acts, 1861 to 1963," the Local Deputy Registrar of Titles for the Northern District under and within the meaning of "The Real Property (Local Registries) Act of 1887," shall cancel the two deeds of grant and the certificate of title mentioned in the Schedule to this Act, and shaH enter on the appropriate fresh deed of grant all entries and notifications made or appearing on either of such cancelled deeds of grant or cancelled certificate of title save any such entry or notification duly cancelled prior to the cancellation of such cancelled deeds of grant and certificate of title.
5. Repeal of 16 G. 5 No. 20. "The City of Townsville Public Hall Improvement Act oj 1925," is hereby repealed.
SCHEDULE Description of Land
Lot 1
Deed of Grant No. 10886, Vol. 219, Pol. 241.-Allotments 3 and 7, Section 4A, County of Elphinstone, Parish of Coonambelah, City of Townsville; containing one rood sixteen and seven-tenths per~hes more or less
Lot 2
Deed of Grant No. 3029, Vo,}. 10 1, Pol. 94.-Allotments 9 and 10 of Section 13, County of Elphinstone, Parish of Coonambelah, City of Townsville; containing two roods more or less
Lot
3
Certificate of Title No. 44200, Vol. 309, Pol. 250.- Allotment 4, Section 4A, County of Elphinstone, Parish of Coonabelah, City of Townsville; containing three roods twenty-nine perches and six-tenths of a perch more or less
Purchasing Price
$ 132,066
42,900
160,954
$335,920
Deciminal currency reference substituted pursuant to section 1 of Deciminal Currency Act of 1965.
61521-By Authority: S. R. HAMPSON, Government Printer, Queensland
