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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Kapunda Hospital (Variation of Trust)
Bill 2008
A BILL FOR
An Act to allow for land subject to the Kapunda Hospital trust to be used
for other purposes approved by the Minister if no longer required for the
purposes of the Hospital.
Contents
Preamble
1 Short
title
2 Interpretation
3 Variation of Kapunda Hospital trust
4 Immunity
from liability for breach of trust
1 The Kapunda Hospital trust (the trust) was made on 27
September 1877. The trust deed requires the land subject to the trust, buildings
subject to the trust, and any buildings subsequently erected on the land subject
to the trust, to be used for the purposes of a hospital known as the Kapunda
Hospital. The terms of the trust do not permit the land or buildings subject
to the trust to be used for any purpose that is not ancillary to that
purpose.
2 In 2005, the trustee at the time under the trust, entered into an
agreement with Child Care Services Australia Pty Ltd (CCS) for CCS
to construct, occupy and operate a child care centre on a portion of the land
subject to the trust, despite that purpose not being supported by the terms of
the trust.
3 CCS has operated a child care centre on a portion of the land subject to
the trust since November 2006, with a lease agreement purportedly being entered
into on 27 March 2007. The operation of the child care centre is
beneficial to the whole of the local community, including the Kapunda
Hospital.
4 It is desirable that the terms of the trust be varied so as to empower
the trustee under the trust to allow the land subject to the trust not required
for the purposes of the Kapunda Hospital to be used for any other purpose
approved by the Minister (including for the purposes of providing child care and
other related services).
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Kapunda Hospital (Variation of Trust)
Act 2008.
In this Act, unless the contrary intention appears—
trustee means the Eudunda Kapunda Health Advisory Council Inc
and every subsequent trustee of the trust;
trust land means the whole of the land comprised and
described in Limited Certificate of Title Register Book Volume 5696 Folio
901.
3—Variation of
Kapunda Hospital trust
(1) The terms of the Kapunda Hospital trust are varied so that the
trustee, with the approval of the Minister, has all the powers necessary to
allow any trust land not required for the purposes of the Kapunda Hospital to be
used for any other purpose approved by the Minister (including the provision of
child care services, early childhood intervention services and other related
services).
(2) Despite any other Act or law, a lease may be granted for the purposes
of this section for such period and on such other terms and conditions (which
may include a right for the lessee to occupy the land free of rent or at a
nominal rent) as may be agreed between the parties to the lease.
4—Immunity from
liability for breach of trust
No liability attaches to a person for breach of trust by virtue of anything
done under this Act or by virtue of the occupation of a portion of the trust
land for the purposes of providing child care and other related services before
the commencement of this Act.