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This Act may be cited as the Cambridge Endowment Lands Act 1920 1.
[Section 1 amended: No. 38 of 1993 s. 19.]
[2. Deleted: No. 38 of 1993 s. 22.]
In this Act, unless the contrary intention appears —
Endowment Lands means those lands being portion of Swan Location 1911 containing 2,281 acres, which lands are comprised in Certificate of Title Volume 641, Folio 60, and are held by way of endowment and are known as the “Endowment Lands”;
financial year has the definition given by section 1.4 of the Local Government Act 1995;
Lime Kilns Estate means those lands being Swan Location 571, Perthshire Location Ak, portions of Perthshire Location Al and Am, and Swan Locations 585, 617, and 691, containing 1,290 acres, which lands are comprised in Certificate of Title Volume 675, Folio 9, and are known as the “Lime Kilns Estate”;
Perry Lakes redevelopment land means —
the land being Lot 713 on Deposited Plan 48234 and being —
Lot 711 on Diagram 90080 and being the whole of the land in Certificate of Title Volume 2138 Folio 28; and
part of Lot 25 on Deposited Plan 25810 and being part of the land in Certificate of Title Volume 2586 Folio 279; and
portion of road shown as Lot 2 on Deposited Plan 48234;
and
the land being that part of Lot 25 on Deposited Plan 25810 as is described as Stephenson and Underwood Avenues on Deposited Plan 48234 and being part of the land in Certificate of Title Volume 2586 Folio 279; and
the land being Lot 712 on Diagram 90077 and being the whole of the land in Certificate of Title Volume 2138 Folio 21;
road means a thoroughfare as defined in section 1.4 of the Local Government Act 1995;
said lands means the Endowment Lands, the Lime Kilns Estate and Reserve ↑16921 but not the Perry Lakes redevelopment land.
[Section 3 inserted: No. 38 of 1993 s. 20; amended: No. 14 of 1996 s. 4; No. 43 of 2005 s. 54.]
The unimproved value of land shall be determined in accordance with the Valuation of Land Act 1978.
[Section 6 inserted: No. 76 of 1978 s. 6.]
Rates for any financial year in respect of the said lands or any portion thereof shall be imposed on the unimproved value.
Subject to this section and to section 7A, the Local Government Act 1995 applies to the rating of land in the said lands.
[Section 7 amended: No. 76 of 1978 s. 7; No. 2 of 1980 s. 3; No. 14 of 1996 s. 4.]
[(1), (2) deleted]
In respect of each financial year the Town of Cambridge shall determine the general rate to be imposed in relation to —
the said lands, which general rate shall yield an amount (in this subsection called the endowment lands assessment) equal to the same percentage proportion (calculated to the nearest first decimal place) of the budget deficiency of the local government in respect of that financial year as the percentage proportion which the aggregate of the gross rental values of all land in the said lands bears to the aggregate of the gross rental values of all land in the district; and
the remainder of the district, which general rate shall yield the amount remaining after subtracting the endowment lands assessment from the amount of the budget deficiency of the local government in respect of that financial year.
[(4) deleted]
In this section —
budget deficiency has the same meaning as in section 6.1 of the Local Government Act 1995;
district means the local government district of Cambridge;
first decimal place means first decimal place after the decimal point in the number concerned;
general valuation has the meaning given by section 4 of the Valuation of Land Act 1978;
gross rental values, in relation to land in the said lands or in the district in a particular financial year, means the gross rental values set out in the most recent general valuation of land in the district determined by the Valuer‑General under the Valuation of Land Act 1978;
remainder of the district means that portion of the district remaining after subtracting the area of the said lands from the district.
[Section 7A inserted: No. 2 of 1980 s. 4; amended: No. 7 of 1981 s. 2; No. 38 of 1993 s. 22; No. 14 of 1996 s. 4.]
[8-10. Deleted: No. 38 of 1993 s. 22.]
[Parts III-V (s. 11-38) deleted: No. 38 of 1993 s. 22.]
In this Part Town lands means those portions of the said lands of which the Town of Cambridge is the registered proprietor.
[Section 39 inserted: No. 38 of 1993 s. 21.]
Notwithstanding the Local Government Act 1995 the Town of Cambridge has all the powers of an owner of an estate in fee simple in respect of the Town lands.
[Section 40 inserted: No. 38 of 1993 s. 21; amended: No. 14 of 1996 s. 4.]
The Town of Cambridge is to establish an account called the “Cambridge Endowment Lands Account” (the Account).
The proceeds of any sale of Town lands are to be credited to the Account.
The Town of Cambridge may transfer such of the funds in the Account as it thinks fit into a reserve fund.
The Town of Cambridge may invest such of the funds in the Account as it thinks fit in any manner that a trustee may lawfully invest trust funds.
Moneys in the Account shall be applied by the Town of Cambridge in the development of the said lands.
[Section 41 inserted: No. 38 of 1993 s. 21.]
The Town of Cambridge may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 to have effect within the said lands as to the following matters —
[(1) Deleted]
Regulating and controlling the buildings to be erected on any part of the said lands sold or leased.
Prohibiting the erection of any building or buildings on the said lands, the plans of which the local government shall not approve.
Prohibiting the carrying on of any trade or business manufactures or otherwise on any part of the said land.
Regulating the number of houses to the acre which may be built on any part of the lands set apart as a residential district.
Prohibiting and regulating the area of lots into which any lands sold by the local government may be subdivided.
Regulating and controlling the building line of any street or way, and prohibiting any building extending beyond such line.
Regulating and controlling the portions of any public road which shall or may be devoted to or used for —
carriage way;
footway;
tree planting;
gardens;
grass plots;
island refuges;
public conveniences;
street lamps;
fountains;
monuments or memorials;
poles.
Prohibiting, regulating, and controlling the erection of advertising hoardings on the said lands or any part thereof.
Classifying the said lands into separate or combined districts for residence, factories, business, or noxious trades, and from time to time reclassifying the same.
Prohibiting, regulating, and controlling the use of any districts so classified as residential district, factory district, business district, and noxious trade district, or a combined district.
Prohibiting a purchaser of any part of the said lands from the local government from dividing or sub‑dividing such land without the consent of the local government or from transferring, selling, assigning, leasing, or in any way parting with the possession of a portion of the said lands not being the whole so purchased by him without the consent of the local government.
Prohibiting the erection in any classified district of any building other than a building designed and intended for the purpose of the district, and the plans for which have been approved of by the local government.
Prohibiting the use of any building erected in any district for any purpose other than the classified purpose of such district.
Prescribing the minimum area of land upon which any building to be used as a private residence may be erected, and prohibiting the erection of any such building on a lesser area than the one prescribed.
Prohibiting the erection of any building which in the opinion of the local government would be unsightly or which would tend to destroy local amenities.
Prescribing the height of fences and hedges on any of the said lands sold or leased by the local government.
Any local law may impose a penalty not exceeding $40 for the breach thereof.
Such local laws when confirmed by the Governor and published in the Government Gazette shall have the force of law.
[Section 42 amended: No. 113 of 1965 s. 8; No. 38 of 1993 s. 22; No. 14 of 1996 s. 4; No. 57 of 1997 s. 27(2).]
The power to make local laws shall also include power to levy thereunder tolls and charges to the pier, bathing booths, esplanade, bathing enclosures, grandstands, reserves, picnic kiosks, privies, aquariums, paddling ponds, piers, esplanades, buildings for public entertainment, sports grounds, and all buildings and places set apart by the local government on the said lands of whatsoever nature and kind soever.
[Section 43 amended: No. 14 of 1996 s. 4.]
All necessary provisions and powers contained in the Local Government Act 1995, and which may be required to be exercised for carrying this Act into effect shall apply to the said lands as if such powers and provisions were herein enacted, and in terms made applicable to this Act.
[Section 44 amended: No. 38 of 1993 s. 22; No. 14 of 1996 s. 4.]
No licence under the Liquor Control Act 1988, or any statutory amendment or modification thereof shall be granted by any licensing authority to any person in respect of any building erected or to be erected on any part of the said lands without the consent in writing of the Town of Cambridge is first obtained.
[Section 45 amended: No. 38 of 1993 s. 22; No. 14 of 1996 s. 4; No. 73 of 2006 s. 114.]