{"id":"nsw:act-1906-053","name":"David Berry Hospital Act 1906","slug":"david-berry-hospital-act-1906","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"53 of 1906","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112017,"registerId":"nsw-act-1906-053-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [David Berry Hospital Act 1906](/view/html/inforce/current/act-1906-053).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, unless the context requires another meaning:\n> \n> The hospital trustees means the trustees for the time being of the said indenture of settlement of the thirteenth day of August, one thousand nine hundred and three.\n> \n> The testator means the late David Berry.\n> \n> The will means the will, dated as aforesaid, of the late David Berry.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Lands in Schedules vested in Crown","content":"#### 3 Lands in Schedules vested in Crown\n\n3 Lands in Schedules vested in Crown\n\n> The lands described in the Schedules to this Act are vested in His Majesty, free from all estates and interests, and from all trusts, conditions, reservations, dedications, and easements affecting the same, and are divested from any other person having any right, title, or interest to or in the same.\n> \n> The hospital trustees, the trustees of the will, and all persons claiming through or under them, shall, at the request of the Colonial Treasurer, execute all conveyances, transfers, and assurances, and do all things necessary to convey, transfer, and assure the said lands to His Majesty. The costs of such conveyances, transfers, and assurances shall be borne by the Crown.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Manner in which lands may be dealt with","content":"#### 4 Manner in which lands may be dealt with\n\n4 Manner in which lands may be dealt with\n\n> > (1) The said lands, or any part thereof, may be dealt with as follows:\n> > \n> > > (a) The land described in Schedule One may be used as the site for the David Berry hospital, or may be dealt with under the next succeeding paragraph.\n> > \n> > > (b) The residue of the lands described in the Schedules to this Act not so used may be reserved or dedicated for public purposes, including wharves, railways, recreation reserves, and public roads and places, or may be vested in the Sydney Harbour Trust Commissioners, and for such purposes, and for purposes relating thereto, shall be deemed to be Crown lands within the meaning of the Crown Lands Acts.\n> > \n> > > (c) Any part thereof not required for any such purpose as aforesaid may be sold by the Governor by public auction or private contract on such conditions as he thinks fit.\n> > \n> > > (d) Any part thereof may be leased by the Governor for such term and subject to such conditions as he thinks fit.\n> \n> > (2) The proceeds and revenues of such lands shall be paid into the Treasury, and shall form part of the Consolidated Revenue Fund.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Charge on Consolidated Revenue","content":"#### 5 Charge on Consolidated Revenue\n\n5 Charge on Consolidated Revenue\n\n> The Consolidated Revenue Fund is charged to the amount of the value of the lands described in Schedule Two, as periodically certified by the Government land valuator, and not exceeding one hundred thousand pounds.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Hospital to be erected within ten years","content":"#### 6 Hospital to be erected within ten years\n\n6 Hospital to be erected within ten years\n\n> The Governor shall, within ten years, construct and fit out with all necessary furnishings and appliances a hospital for non-infectious diseases, to be called “The David Berry Hospital”, which shall be erected on the site described in Schedule One hereto, or on some other suitable site to be acquired on behalf of His Majesty at or near the township of Berry, and may from time to time add to such hospital and to such furnishings and appliances: Provided that until the said hospital is constructed and fitted out, the Governor shall maintain the present temporary hospital at Berry.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of amount charged","content":"#### 7 Application of amount charged\n\n7 Application of amount charged\n\n> After providing out of the amount so charged for the outlay incurred in pursuance of the preceding section, the Governor shall apply the net revenue derived from the lands described in Schedules One and Two hereto, or the residue thereof, in the maintenance of the hospital, and subject thereto in or towards the establishing, maintenance, and repair, in the district of Berry, of technical and agricultural colleges and other institutions for the promotion of agricultural and veterinary science: Provided that the total amount to be expended under this subsection upon the hospital and other institutions shall not exceed three and a half per centum per annum on the said value of the land described in Schedule Two.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Until revenue from lands sufficient, cost to be a charge upon the Consolidated Revenue Fund","content":"#### 8 Until revenue from lands sufficient, cost to be a charge upon the Consolidated Revenue Fund\n\n8 Until revenue from lands sufficient, cost to be a charge upon the Consolidated Revenue Fund\n\n> Until the revenue derived from the lands described in Schedules One and Two is sufficient to maintain and repair the said hospital, the cost of such maintenance and repair shall be a charge upon the Consolidated Revenue Fund, and may be taken into account against revenues later to be derived as aforesaid.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Saving","content":"#### 9 Saving\n\n9 Saving\n\n> Nothing in this Act shall be deemed to release the trustees of the will from any liability or obligation if any under the will.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Regulation of hospital","content":"#### 10 Regulation of hospital\n\n10 Regulation of hospital\n\n> The Governor may make regulations for the governing of the said hospital, and may, in such regulations, impose any penalty not exceeding twenty pounds for the breach of the same. Such penalties may be recovered in a summary way before the Local Court.\n> \n> **s 10:** Am 1999 No 31, Sch 4.24; 2007 No 94, Sch 2.\n> \n> **whole Act:** Am 1999 No 31, Sch 5.32 (each heading that is not a sec heading or a Sch heading omitted).","sortOrder":9},{"sectionNumber":"Schedule One","sectionType":"schedule","heading":null,"content":"# Schedule One\n\nSchedule One\n\nALL that piece or parcel of land, containing an area of thirty acres one rood, or thereabouts, situated in the municipal district of Berry, parish of Coolangatta, county of Camden, and comprised in certificate of title volume one thousand five hundred and eighteen, folio thirty-five, registered in the office of the Registrar-General, Sydney.","sortOrder":10},{"sectionNumber":"Schedule Two","sectionType":"schedule","heading":null,"content":"# Schedule Two\n\nSchedule Two\n\nAll those pieces or parcels of land containing an aggregate area of eighty-eight acres two roods twenty-nine perches, or thereabouts, situated in the borough of North Sydney, parish of Willoughby, county of Cumberland, and comprised in certificate of title volume one thousand five hundred and twenty-four, folio two hundred and forty-four, registered in the office of the Registrar-General, Sydney.","sortOrder":11}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive content of the Act was not included in the provided text. Based on metadata alone, the Act appears to have remained largely stable since its original enactment, with only minor amendments as recently as 2009."},"complexity_factors":["No substantive legislative content was provided — only website navigation and metadata were included in the source text","The Act's actual operative provisions, definitions, and obligations cannot be assessed","The age of the Act (1906) suggests archaic drafting style may be present in the real text, which could add complexity","Minimal amendment history visible suggests either simplicity or that it has been superseded in practice by other health legislation"],"plain_english_summary":"## David Berry Hospital Act 1906\n\nThis is a very old piece of New South Wales legislation dating back to 1906. Unfortunately, the actual **content** of this Act — its specific provisions, rules, and operative sections — has not been included in the text provided. What has been provided is essentially just the **website navigation and metadata** from the NSW legislation website, not the substantive law itself.\n\n**What we can tell from the metadata:**\n- This Act relates to the **David Berry Hospital**, which is a hospital in Berry, NSW (on the South Coast), originally established through a bequest by David Berry, a wealthy Scottish-born pastoralist and philanthropist.\n- The Act has been in continuous force since 1906, making it over **120 years old**.\n- The most recent amendment took effect on **6 July 2009**, suggesting it has been largely unchanged for many decades.\n- It remains **currently in force** — it has not been repealed.\n\n**Who does it affect?** Without the actual text, this cannot be fully determined, but historically this type of Act would govern the administration, management, and operation of the named hospital and its assets.\n\n> ⚠️ **Note:** A meaningful legal analysis cannot be completed because the substantive provisions of the Act were not included in the provided text."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act changes the property and governance arrangement that previously attached to the named parcels by vesting those lands in the Crown and divesting any prior estates, interests and trusts (s 3; Schedules One & Two). Trustees under the earlier settlement are required to convey title to the Crown on request (s 3). The Act therefore alters the ownership and control regime for the lands and places future disposal and use decisions in executive hands (s 4). At the same time it preserves any liabilities the trustees may continue to have under the will (s 9), so not all obligations arising from the prior instrument are eliminated."},"complexity_factors":["Property law mechanics: immediate vesting of specified parcels in the Crown free of all trusts and interests (s 3; Schedules One & Two).","Executive discretion over land use: Governor may vest, dedicate, sell, lease or transfer lands and set terms (s 4).","Funding structure mixes land-derived revenues with a capped charge on Consolidated Revenue linked to periodic land valuation by a government valuator (s 5, s 7).","Temporal and contingent obligations: ten-year construction deadline for the hospital and temporary maintenance obligations until completion (s 6, s 8).","Ring-fencing and prioritisation of revenues with a statutory percentage cap on annual expenditure for hospital and related institutions (3.5% of Schedule Two value) (s 7).","Procedural requirement for trustees to execute conveyances on request and retention of any liabilities under the will (s 3, s 9).","Regulatory power with enforceable penalties for hospital governance delegated to the Governor (s 10)."],"plain_english_summary":"What this law does (mechanically)\n\n- Vests two specific parcels of land in the Crown, removing previous estates, interests and trusts over those parcels (s 3; Schedules One and Two). The trustees named under the original settlement are required to execute transfers to the Crown on request, and the Crown pays the costs of those conveyances (s 3).\n\n- Requires the Governor to build and outfit a non-infectious diseases hospital called “The David Berry Hospital” on the site described in Schedule One (or another suitable nearby site) within ten years, and to maintain the existing temporary hospital in Berry until the new hospital is complete (s 6).\n\n- Sets out how the lands can be used or disposed of: the site in Schedule One is to be available as the hospital site or otherwise dealt with; the other lands may be reserved or dedicated for public uses (including wharves, railways, recreation reserves, roads) or vested with the Sydney Harbour Trust Commissioners, or sold or leased by the Governor on such terms as he thinks fit (s 4).\n\n- Directs that proceeds and revenues from those lands are to be paid into the Treasury and form part of the Consolidated Revenue Fund (s 4(2)).\n\n- Charges the Consolidated Revenue Fund with an amount equal to the value of the Schedule Two lands as certified periodically by the Government land valuator, up to a ceiling of one hundred thousand pounds (s 5).\n\n- Requires that, after meeting the outlay of building the hospital from the charged amount, net revenues from the lands be applied first to maintaining the hospital and, subject to that, to establishing and maintaining agricultural and veterinary technical institutions in the Berry district; total annual expenditure under that rule must not exceed 3.5% per annum of the value of the Schedule Two land (s 7).\n\n- Provides that until land revenues are sufficient to cover maintenance and repair of the hospital, those costs are a charge on the Consolidated Revenue Fund and may be offset against later revenues from the lands (s 8).\n\n- Preserves any liability the trustees of the will may have under the will (s 9).\n\n- Gives the Governor power to make regulations for governing the hospital and to impose penalties up to twenty pounds for breaches, recoverable in the Local Court (s 10).\n\nWho this affects and who decides\n\n- The Crown (represented by the Governor and the Colonial Treasurer) makes the key decisions about disposition, leasing, sale, dedication, and vesting of the lands (s 3, s 4).\n- The trustees named in the earlier indenture/ will must convey the lands when requested (s 3) and remain potentially liable under the will (s 9).\n- The Government land valuator periodically certifies the value of Schedule Two land, which sets the cap and charges on the Consolidated Revenue Fund (s 5).\n- Local Court enforcements and penalties for hospital regulations are available for breaches (s 10).\n\nWhy the law matters (official purpose-claims and an analytical test of mechanics)\n\n- The text implements the testator’s settlement by providing Crown ownership of identified lands and creating a dedicated hospital site; the Act explicitly directs building and maintenance of a hospital and the funding priority for hospital maintenance (s 6, s 7). That is the Act’s declared purpose.\n\n- Costs and funding: the Act charges the Consolidated Revenue Fund up to the certified value of Schedule Two (s 5). The Crown pays conveyancing costs to clear title (s 3). Until land income covers maintenance, the Consolidated Revenue Fund bears ongoing maintenance costs (s 8). Thus taxpayers ultimately pay any gap between land income and hospital costs, subject to the s 5 valuation ceiling.\n\n- Incentives and trade-offs: by vesting the land in the Crown and allowing the Governor wide powers to lease, sell or dedicate the land (s 4), the statute converts previously held private or trust assets into public assets whose future use and commercialisation are discretionary. That creates incentives for the Crown to manage the land to produce revenue for the hospital (s 4, s 7), but also gives the Governor discretion that may affect future private development opportunities (s 4(c)–(d)).\n\n- Opportunity costs and substitution effects: allowing sale or lease (s 4) and vesting parts with the Sydney Harbour Trust Commissioners (s 4(b)) means land that might have been used under earlier private trusts can be converted to other public uses or monetised; revenues are ring-fenced for hospital maintenance and, secondarily, agricultural/veterinary institutions, subject to the 3.5% cap (s 7).\n\n- Implementation and administrative risk: key operational points depend on ministerial/ executive decisions and an official valuation (s 4, s 5). The Governor has broad discretion about terms of sale/lease and regulation of the hospital (s 4, s 10), and the Government land valuator’s periodic certification determines the statutory charge cap (s 5). Those delegated decisions create implementation choices that will shape outcomes.\n\n- Compliance burden and private effect: trustees and persons with interests in the named lands lose property interests when the Crown vests the lands free of trusts (s 3). Trustees must execute conveyances on request (s 3). The Act saves any liabilities trustees may still hold under the will (s 9), so some obligations may remain.\n\nConcrete behaviour changes\n\n- Trustees must convey title when requested (s 3).\n- The Governor can lease, sell, dedicate, vest in another public body, or use the lands for the hospital (s 4).\n- Revenues from the lands flow to the Treasury and are applied to hospital and specified educational purposes, within the financial limits set (s 4(2), s 7, s 5).\n- The Governor must build the hospital within ten years and maintain the temporary hospital until then (s 6).\n\nKey statutory references: s 3 (vesting and conveyance), s 4 (permitted dealings and revenue to Treasury), s 5 (charge on Consolidated Revenue and valuation ceiling), s 6 (hospital construction and temporary maintenance), s 7 (application of revenues and 3.5% cap), s 8 (temporary charge on Consolidated Revenue), s 9 (saving trustees’ liabilities), s 10 (regulations and penalties), Schedules One & Two (land descriptions)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: implementing David Berry's 1903 bequest to establish a hospital and related educational institutions. The 1999 and 2007 amendments were purely technical (updating 'Local Court' references and removing redundant headings), not substantive expansions of scope. The legislation has not grown beyond managing the specific land endowment and hospital establishment mandated by the original 1906 intent."},"complexity_factors":["Only 3 defined terms in section 2 ('hospital trustees', 'testator', 'will')","Straightforward sequential structure (10 sections plus 2 schedules)","Minimal cross-referencing—only internal references to 'Schedules One and Two' and 'the preceding section'","Simple conditional logic: basic 'if revenue insufficient, then Consolidated Revenue Fund pays' structure","No nested exceptions or complex provisos—only standard 1906-era provisos limiting expenditure rates","Length: approximately 1,200 words across 10 sections","Historical language quirks ('thirteenth day of August, one thousand nine hundred and three', 'per centum') but legally simple","Two amendments noted (1999, 2007) but both minor—updating court references and removing redundant headings"],"plain_english_summary":"This 1906 New South Wales law deals with a specific land donation made by David Berry to establish a hospital in Berry, NSW.\n\n**What it does:**\n- **Takes land into government ownership**: Two parcels of land (one near Berry, one in North Sydney) are transferred from private trustees to the Crown (the government), free of any previous restrictions or claims.\n- **Establishes a hospital**: The government must build \"The David Berry Hospital\" within 10 years on the Berry land for treating non-infectious diseases. Until built, they must keep running a temporary hospital.\n- **Sets up funding**: The North Sydney land (valued up to £100,000) acts as an endowment. Revenue from leasing or selling this land funds the hospital. If that revenue isn't enough, taxpayers cover the shortfall.\n- **Allows surplus use**: Any leftover money can go toward technical colleges and agricultural/veterinary science institutions in the Berry district, capped at 3.5% of the land's value per year.\n- **Gives the Governor power**: The Governor can make rules for running the hospital (with fines up to £20 for breaches), lease or sell unused land, and dedicate land for public uses like wharves, railways, or parks.\n\n**Who it affects:**\n- Patients at David Berry Hospital (originally non-infectious disease patients in the Berry district)\n- The original hospital trustees (who had to hand over the land)\n- NSW taxpayers (who backstop the hospital's funding)\n\n**Why it matters:**\nThis is a classic example of early 20th-century \"dead hand\" philanthropy—where a wealthy donor (David Berry) uses his will to shape public infrastructure long after his death. The Act converts private charitable land into a public asset while trying to honour the donor's specific wishes about healthcare and education in his namesake town."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/david-berry-hospital-act-1906","history":"/api/acts/david-berry-hospital-act-1906/history","analysis":"/api/acts/david-berry-hospital-act-1906/analysis","conflicts":"/api/acts/david-berry-hospital-act-1906/conflicts","importantCases":"/api/acts/david-berry-hospital-act-1906/important-cases","documents":"/api/acts/david-berry-hospital-act-1906/documents"}}