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This is a Bill, not an Act. For current law, see the Acts databases.
Historic Houses Amendment (Throsby
Park Historic Site) Bill 2009
No , 2009
A Bill for
An Act to amend the Historic Houses Act 1980 to revoke the reservation of the
Throsby Park Historic Site under the National Parks and Wildlife Act 1974 and to
provide for the vesting of the Site in the Historic Houses Trust of New South Wales.
Clause 1 Historic Houses Amendment (Throsby Park Historic Site) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Historic Houses Amendment (Throsby Park Historic 3
Site) Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Historic Houses Amendment (Throsby Park Historic Site) Bill 2009
Amendment of Historic Houses Act 1980 No 94 Schedule 1
Schedule 1 Amendment of Historic Houses Act 1980 1
No 94 2
[1] Section 22 3
Insert after section 21: 4
22 Transfer of Throsby Park Historic Site 5
(1) On the commencement of this section, the Throsby Park Historic 6
Site vests in the Trust for an estate in fee simple, freed and 7
discharged from: 8
(a) all trusts, obligations, estates, interests, rights of way or 9
other easements, and 10
(b) any dedication, reservation, Crown grant or vesting to 11
which the Throsby Park Historic Site was subject and any 12
such dedication, reservation, grant or vesting is revoked. 13
(2) Subsection (1) does not apply to any authority, lease or licence 14
under the Mining Act 1992 or the Petroleum (Onshore) Act 1991. 15
(3) On the vesting of the Throsby Park Historic Site in the Trust, all 16
assets, rights and liabilities of the Crown relating to the Site are 17
transferred to the Trust. 18
(4) Schedule 1A applies to the vesting of the Throsby Park Historic 19
Site in the Trust under this section. 20
(5) Words and expressions used in this section have the same 21
meanings as they have in Schedule 1A. 22
[2] Schedule 1A 23
Insert after Schedule 1: 24
Schedule 1A Throsby Park Historic Site 25
(Section 22) 26
1 Definitions 27
In this Schedule: 28
assets means any legal or equitable estate or interest (whether 29
present or future and whether vested or contingent and whether 30
personal or assignable) in real or personal property of any 31
description (including money) and includes securities, choses in 32
action and documents. 33
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Historic Houses Amendment (Throsby Park Historic Site) Bill 2009
Schedule 1 Amendment of Historic Houses Act 1980 No 94
instrument means an instrument (other than this Act) that 1
creates, modifies or extinguishes rights or liabilities (or would do 2
so if lodged, filed or registered in accordance with any law), and 3
includes any judgment, order or process of a court. 4
interest has the same meaning as it has in the Land Acquisition 5
(Just Terms Compensation) Act 1991. 6
liabilities means any liabilities, debts or obligations (whether 7
present or future and whether vested or contingent and whether 8
personal or assignable). 9
rights means any rights, powers, privileges or immunities 10
(whether present or future and whether vested or contingent and 11
whether personal or assignable). 12
Throsby Park Historic Site means land at Moss Vale being 13
Lot K, Filed Plan 109154, Lot 1, DP 580481 and Lot 4, 14
DP 730956. 15
2 Vesting of Throsby Park Historic Site 16
On the commencement of section 22, the following provisions 17
have effect in relation to the assets, rights or liabilities transferred 18
by that section: 19
(a) those assets of the Crown vest in the Trust by virtue of this 20
Schedule and without the need for any conveyance, 21
transfer, assignment or assurance, 22
(b) those rights and liabilities of the Crown become, by virtue 23
of this Schedule, the rights and liabilities of the Trust, 24
(c) all proceedings relating to those assets, rights or liabilities 25
commenced before the transfer by or against the Crown 26
and pending immediately before the transfer are taken to 27
be proceedings by or against the Trust, 28
(d) any act, matter or thing done or omitted to be done in 29
relation to those assets, rights or liabilities before the 30
transfer by, to or in respect of the Crown is (to the extent 31
that the act, matter or thing has any force or effect) taken 32
to have been done or omitted by, to or in respect of the 33
Trust, 34
(e) the Trust has all the entitlements and obligations of the 35
Crown in relation to those assets, rights and liabilities that 36
the Crown would have had but for the commencement of 37
section 22, whether or not those entitlements and 38
obligations were actual or potential at the time of that 39
commencement, 40
Page 4
Historic Houses Amendment (Throsby Park Historic Site) Bill 2009
Amendment of Historic Houses Act 1980 No 94 Schedule 1
(f) a reference in any Act, in any instrument made under any 1
Act or in any document of any kind to the Crown is (to the 2
extent to that it relates to those assets, rights or liabilities), 3
to be read as, or as including, a reference to the Trust. 4
3 Operation of Schedule 5
(1) The operation of this Schedule is not to be regarded: 6
(a) as a breach of contract or confidence or otherwise as a civil 7
wrong, or 8
(b) as a breach of any contractual provision prohibiting, 9
restricting or regulating the assignment or transfer of 10
assets, rights or liabilities, or 11
(c) as giving rise to any remedy by a party to an instrument, or 12
as causing or permitting the termination of any instrument, 13
because of a change in the beneficial or legal ownership of 14
any asset, right or liability. 15
(2) The operation of this Schedule is not to be regarded as an event 16
of default under any contract or other instrument. 17
(3) No attornment to the Trust by a lessee from the Crown is required 18
as a consequence of the operation of this Schedule. 19
(4) The operation of this Schedule includes the commencement of 20
section 22. 21
4 Restrictions on disposal of Throsby Park Historic Site 22
(1) Despite any other provision of this or any other Act, the Trust 23
must not sell or exchange the whole or any part of the Throsby 24
Park Historic Site or otherwise dispose of the fee simple estate in 25
that land, except as authorised by an Act of Parliament. 26
(2) The Trust may, subject to such conditions as the Trust 27
determines, lease or otherwise dispose of an interest (other than 28
the fee simple) in the Throsby Park Historic Site or affect or 29
create an estate or interest in the Throsby Park Historic Site. 30
(3) A lease or licence granted under this clause must not have a term 31
that, together with the term of any further lease or licence that 32
may be granted under an option in respect of it, exceeds 99 years. 33
5 Duties 34
Duty under the Duties Act 1997 is not chargeable in respect of the 35
vesting of the Throsby Park Historic Site in the Trust, or the 36
transfer of assets, rights or liabilities to the Trust, by section 22. 37
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Historic Houses Amendment (Throsby Park Historic Site) Bill 2009
Schedule 1 Amendment of Historic Houses Act 1980 No 94
6 Compensation 1
If an interest in the Throsby Park Historic Site of a person (other 2
than the State or an authority of the State) is divested by the 3
operation of section 22: 4
(a) compensation is payable for the divesting of that interest, 5
and 6
(b) Part 3 of the Land Acquisition (Just Terms Compensation) 7
Act 1991 applies as if section 22 were an acquisition notice 8
published by the Trust under that Act. 9
[3] Schedule 2 Savings, transitional and other provisions 10
Insert at the end of clause 1 (1): 11
Historic Houses Amendment (Throsby Park Historic Site) 12
Act 2009 13
Page 6
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