Loch Public Hall Trust Act 1966

"the trust premises" means the land described in the First Schedule hereto together with all buildings and other improvements for the time being erected thereon and where the context permits includes all furniture and effects for the time being situated in or about or used for the purposes of the said buildings;

"the local residents" means the persons for the time being residing within a radius of three miles of the intersection of the South Gippsland Highway and the Loch Wonthaggi Road and such other persons outside such area as are accepted as local residents by an absolute majority of the committee at any committee meeting which last-mentioned local residents shall continue to be treated as such until the committee by a like majority declares otherwise;

"the committee" means the committee hereby established for the management and control of the trust premises;

"extraordinary resolution" means a resolution passed by a majority of such adult local residents as are present at a general meeting of which notice specifying the intention to propose the resolution (which may be described briefly in general terms and may be amended at the meeting) has been given by posting the same for at least fourteen days before the meeting on the principal door of the trust premises and by advertising the same twice in the newspaper published in Korumburra so that not less than five days intervene between the two insertions and also between the last insertion and the meeting.

2. Subject to the powers and provisions herein contained the trustees shall hold the trust premises upon trust to permit the same to be used in perpetuity as a Public Hall and place of recreation and amusement under the name of the Loch Public Hall for the advantage and benefit of the local residents either gratuitously or in consideration of such money payment and in either case on such terms and conditions as the committee from time to time determine.

Sch. 1

3. The trustees shall if so directed and may if so empowered by an extraordinary resolution of a general meeting of local residents and subject to and in accordance with the terms of such resolution sell mortgage (with a power of sale) exchange lease or create or reserve easements over the trust premises or any part thereof specified in such resolution but so that such power to sell or exchange the trust property shall notwithstanding anything contained in Clauses 3, 5, 9(b) and 9(c) hereof be limited to a sale or exchange to or with the Crown or the local municipality.

AND IT IS HEREBY DECLARED AS FOLLOWS-

4. The committee shall pay or provide for all payments required in respect of the rates taxes repairs painting renewals and outgoings of all kinds in respect of the trust premises and shall indemnify the trustees in respect thereof.

5. The trust premises shall be insured against fire in the names of the trustees in an office of repute approved by them in the sum of Two thousand pounds in respect of buildings and the sum of Four hundred and fifty pounds in respect of furnishings or such larger sums as the committee shall direct and the receipts for the last premiums payable shall be produced to the trustees whenever required by them and the trustees shall not be required to pay the premium payable on any such insurance or to pay any other outgoings of the trust premises and if the trustees shall in their discretion make any such payment they shall give notice thereof to the committee and shall forthwith be reimbursed by the committee and should the committee on being applied to fail to reimburse the trustees all moneys paid by them within one week of such application the trustees may give a further notice of the committee and at the expiration of one month from the giving of such further notice the trustees may without any further consent or direction sell the trust premises or any part thereof and repay to themselves the amount so paid by the trustees.

Sch. 1

6. Subject as aforesaid the trustees shall so far as practicable in any disposition of or dealing with the trust premises act in accordance with any resolution or direction of the committee of which they have notice.

7. No purchaser mortgagee lessee or other person dealing with the trustees shall be concerned or at liberty to enquire nor shall the Registrar of Titles or Registrar-General be concerned to enquire whether any resolution or authority of the local residents or the committee has been made or given and no sale mortgage lease or other dealing by the trustees shall be impeachable on the ground that no resolution or authority was made or given or on the ground of any impropriety or irregularity connected with any such resolution or authority but as regards such purchaser mortgagee lessee or other person (including the Registrar of Titles or Registrar-General) the transaction shall be conclusively presumed to be within the powers of the trustees and to be proper and regular in every respect and shall be valid accordingly.

8. The trustee shall not be concerned to see that the committee or any of their officers are properly appointed or as to the regularity of their meetings of proceedings and may act on any writing purporting to be a copy of a resolution passed by the committee and entered in the committee's minute book signed by the secretary or chairman for the time being of the committee and or by the person for the time being professing to act as such secretary or chairman nor shall the trustees be concerned to see that any meeting of local residents was properly called or that any extraordinary resolution was properly passed or as to the regularity of any such meeting or the proceedings thereat and may act on any writing purporting to be a copy of a resolution passed at any meeting of local residents and signed and certified as a true copy by the chairman of such meeting. And the trustees shall not incur any liability or responsibility for acting on any such writing.