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New South Wales act
This Act lets the council and the company named in the 1913 indenture alter the indenture’s powers, reservations, conditions and agreements by a sealed written instrument. The variation takes legal effect only when the original indenture and the modifying instrument are registered in the General Registry of Deeds.
Once registered, the land continues to be held on the original trusts but subject to the modified terms, binding parties with legal or equitable interests, and effective notwithstanding the Local Government Act 1919.
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Direct links to the current provisions in Newcastle National Park Enabling Act 1924.
2 Authority to vary powers etc
(1) The council and the company may from time to time by instrument under their seals vary or modify the powers, reservations, conditions, and agreements contained in the said indenture of the twentieth day of May, one thousand nine hundred and thirteen, in such manner and to such extent as may be agreed upon by and between the council and the company.
(2) Upon the registration of the said indenture and of any instrument entered into under the authority of this Act in the General Registry of Deeds the variation evidenced by the said instrument shall take effect, and thereafter the said land shall be held upon the trusts of the said indenture, subject to the powers, reservations, conditions, declarations, and agreements as so varied or modified, anything contained in the Local Government Act 1919 to the contrary notwithstanding.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Newcastle National Park Enabling Act 1924.
2 Authority to vary powers etc
(1) The council and the company may from time to time by instrument under their seals vary or modify the powers, reservations, conditions, and agreements contained in the said indenture of the twentieth day of May, one thousand nine hundred and thirteen, in such manner and to such extent as may be agreed upon by and between the council and the company.
(2) Upon the registration of the said indenture and of any instrument entered into under the authority of this Act in the General Registry of Deeds the variation evidenced by the said instrument shall take effect, and thereafter the said land shall be held upon the trusts of the said indenture, subject to the powers, reservations, conditions, declarations, and agreements as so varied or modified, anything contained in the Local Government Act 1919 to the contrary notwithstanding.