University and College Lands and Victoria Park Act 1924
In ForceNSW
Jurisdiction
New South Wales
Act Number
36 of 1924
Collection
act
Plain English Summary
6/10 complexity
This Act reallocates specific parcels of land between the University of Sydney and the Municipal Council of Sydney, vests some parkland in the Council, vests other parcels in the University for university purposes, and validates a prior subgrant to Saint Paul’s College. It preserves council sewerage/drainage rights (with the council liable for surface repairs) and empowers the University Senate to set aside land for the Women’s College and to use retained lands for buildings, parks or other university purposes (ss 2–3, 6–9).
This Act performs explicit property re‑allocations, creates an easement for drainage, validates a particular historical subgrant, sets out trust purposes for retained university land, and confers a power to set apart and subgrant land for a women's college. The operative mechanics are:
It vests a specified parcel of the University of Sydney’s 1855 grant in the Municipal Council of Sydney in fee simple, to be held as part of Victoria Park and “upon the same trusts and with the same powers and subject to the same limitations” as if that parcel had been part of the land described in Schedule One to the Victoria and Rushcutter’s Bay Parks Act 1910 (s 2; Schedule One). The vesting is immediate and statutory: “shall be and the same is hereby vested” (s 2).
It vests other specified land now part of Victoria Park in the University of Sydney in fee simple for “University purposes,” to be held upon the trusts set out in s 9 of this Act; however, Schedule Five land remains subject to drainage rights conferred on the Municipal Council by s 6 (s 3; Schedules Two and Five).
It grants the Municipal Council an express, perpetual right to use the land described in Schedule Five for sewerage and drainage, with a statutory obligation on the Council to “make good nevertheless at their own expense all damage and disturbance which may be caused to the surface” of that land (s 6; Schedule Five). The right includes the power to make, repair and maintain sewers and drains “forever hereafter.”
It validates a specific indenture of subgrant and memorandum of transfer dated 29 October 1924 in favour of trustees for Saint Paul’s College, and treats the lands described in Schedule Six as if they had formed part of the 1855 Crown grant to the University and of one of the four several portions selectable by the University’s Senate under that grant (s 7(1); Schedule Six). Relatedly, s 7(2) imposes a consent restriction: the University Senate cannot carry any building on the Schedule Seven land to a greater height than the building then being erected for use as a Physics Laboratory without the consent of the Warden and Fellows of Saint Paul’s College.
Current sections
Direct links to the current provisions in University and College Lands and Victoria Park Act 1924.
Vesting of land described in Schedule One in Municipal Council of Sydney
2 Vesting of land described in Schedule One in Municipal Council of Sydney
2 Vesting of land described in Schedule One in Municipal Council of Sydney
The land described in Schedule One, forming portion of land granted to the University of Sydney, shall be and the same is hereby vested in the Municipal Council of Sydney for an estate in fee-simple upon the same trusts and with the same powers and subject to the same limitations as if the said land described in Schedule One had formed part of the land described in Schedule One to the Victoria and Rushcutter’s Bay Parks Act 1910.
s 2: Am 1937 No 36, sec 2 (a).
3
Vesting of land described in Schedule Two in University
3 Vesting of land described in Schedule Two in University
3 Vesting of land described in Schedule Two in University
The lands described in Schedule Two, forming part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910, shall be and the same are hereby vested in the University of Sydney, their successors and assigns for an estate in fee-simple to be held upon the trusts set out in section nine of this Act, subject as to the lands described in Schedule Five to the rights conferred on the Municipal Council of Sydney by section six of this Act.
4
4
4, 5 (Repealed)
6
Rights of drainage over certain lands
6 Rights of drainage over certain lands
6 Rights of drainage over certain lands
The Municipal Council of Sydney shall have the free right of using for the purpose of sewerage and drainage the lands described in Schedule Five which form part of the lands described in Schedule Two with the right to make and forever hereafter to repair and maintain all such sewers and drains therein as may be reasonable and proper, making good nevertheless at their own expense all damage and disturbance which may be caused to the surface of the said land.
7
Validation of transfer and subgrant to Saint Paul’s College trustees
7 Validation of transfer and subgrant to Saint Paul’s College trustees
7 Validation of transfer and subgrant to Saint Paul’s College trustees
(1) A certain indenture of subgrant dated the twenty-ninth day of October, one thousand nine hundred and twenty-four, and made between the University of Sydney of the first part the Honorable Sir William Portus Cullen, the Honorable Mr Justice Philip Whistler Street, Alfrey Becher Stewart White, Esquire, Francis Alfred Allison Russell, Esquire, and the Reverend Arthur Henry Garnsey, as trustees for Saint Paul’s College of the second part and the Warden and Fellows of Saint Paul’s College of the third part, and a certain memorandum of transfer of even date and collateral thereto whereby the land comprised in land grant dated the first day of October, one thousand nine hundred and one, registered volume one thousand three hundred and seventy-five, folio sixty, forming part of the land described in Schedule Six was expressed to be transferred to the said trustees for Saint Paul’s College, are hereby validated and shall operate and take effect as if the lands thereby subgranted and transferred being the lands described in Schedule Six including the land comprised in the said land grant of the first day of October, one thousand nine hundred and one, had wholly formed part of the lands granted to the University of Sydney by the said Crown grant of the eighteenth day of January, one thousand eight hundred and fifty-five and subject to the trusts, conditions, and provisos thereof, and as if the said lands formed one of four several portions of the said land consisting each of not less than eighteen acres directed by the said grant to be selected by the Senate of the said University for the purposes in the said Crown grant declared.
(2) In respect of the lands described in Schedule Seven, being land adjoining the lands comprised in Schedule Six and formerly enclosed as lands of Saint Paul’s College whereon the Senate of the said University is presently erecting a building intended for use as a Physics Laboratory, the Senate shall not at any time carry the said building or any building on the said land to a greater height than that of the said building now being erected without the consent of the Warden and Fellows of the said college.
8
Women’s College land
8 Women’s College land
8 Women’s College land
Any land including the land whereon the Women’s College building is now erected and not being less than two acres and being part of the land granted to the University of Sydney by the Crown grant dated the eighteenth day of January, one thousand eight hundred and fifty-five, which may from time to time hereafter by resolution of the Senate of the University be set apart for the council of the Women’s College, being the college incorporated by the Act passed in the fifty-third year of the reign of Her late Majesty Queen Victoria number ten to establish and endow a college for women within the University of Sydney, since repealed and consolidated in the Statute number seventy-one of one thousand nine hundred and two as a site for buildings and recreation grounds for the college, shall be deemed and be taken to be a part or portion of the said grant formerly selected by the Senate of the said University in accordance with the provisions of the said Crown grant for the religious society denominated the Wesleyan Methodists but which said selection lapsed and the said University is hereby empowered to make and execute a subgrant of such land or lands being part or parts of the land granted to it by the Crown grant as it may set apart as aforesaid upon trust for the said council of the Women’s College in the same manner and with the said effect in all respects as if such land so set apart as aforesaid were part of the said lapsed portion and as if the Governor with the advice of the Executive Council and after such lapse had nominated the said Women’s College as a college in trust for which such land or lands so set apart as aforesaid were to be subgranted.
9
Substituted trusts of land retained by University
9 Substituted trusts of land retained by University
9 Substituted trusts of land retained by University
Subject to the provisions of this Act and to section eighteen of the Wesley College Incorporation Act 1910, and except so far as any of the lands described in the said grant of the eighteenth day of January, one thousand eight hundred and fifty-five, are included in the lands described in Schedule One, Schedule Three, and Schedule Six or have heretofore been subgranted by the University of Sydney in pursuance of the said grant to trustees for the Principal and Councillors of Saint Andrew’s College or to trustees for the Rector and Fellows of Saint John’s College or have been vested in Prince Alfred Hospital under and by virtue of the Prince Alfred Hospital Act 1902, the whole of the lands described in the said grant are hereby freed and discharged from any trusts in favour of any college under the said grant and shall be and the same are hereby vested in the University of Sydney and their successors for an estate in fee-simple upon trust for the erection thereon of buildings for the said University and for the formation of a park and gardens in connection therewith or for such other purposes in connection with the University of Sydney as the Senate of the said University shall deem fit.
Schedule One
Land to be vested in the Municipal Council as part of Victoria Park
Schedule One Land to be vested in the Municipal Council as part of Victoria Park
Schedule One
(Section 2)
Land to be vested in the Municipal Council as part of Victoria Park
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 7 acres 35½ perches or thereabouts, being part of principal grant to University, dated 18th day of January, 1855, and part of the land comprised in certificate of title, volume 2,230, folio 206, and part of the land comprised in certificate of title, volume 2,230, folio 207: Commencing at the intersection of the southern building line of Parramatta-road with the eastern building line of proposed roadway 66 feet wide, and bounded thence on the north by the southern building line of Parramatta-road aforesaid, being lines bearing 84 degrees 7 minutes 42 seconds distant 33 feet 1⅛ inches, 83 degrees 5 minutes 30 seconds distant 70 feet 11⅞ inches, 82 degrees 40 minutes 6 seconds distant 684 feet ⅝ inch respectively to the building line common to both Parramatta-road and City-road, formerly known as Newtown-road; thence on the north-east by the building line common to both Parramatta-road and City-road, formerly known as Newtown-road aforesaid, being the arc of a circle whose radius is 86 feet 10¾ inches, the chord of which bears 143 degrees 52 minutes 27 seconds distant 138 feet ¼ inch, the length of arc being 159 feet 5⅝ inches to the western building line of City-road, formerly known as Newtown-road; thence on the east by the western building line of City-road, formerly known as Newtown-road, aforesaid being a line bearing 199 degrees 55 minutes 12 seconds distant 277 feet 6¾ inches; thence on the south-west and south by the north-eastern and northern boundary of Victoria Park, being lines bearing 327 degrees 13 minutes 53 seconds distant 8 feet 1⅛ inches, 262 degrees 48 minutes 53 seconds distant 850 feet 5⅝ inches respectively to the eastern building line of proposed roadway 66 feet wide aforesaid; thence on the west by the eastern building line of proposed roadway 66 feet wide aforesaid, being a line bearing 12 degrees 2 minutes 42 seconds distant 381 feet to the point of commencement, be the said several dimensions all a little more or less.
Schedule Two
Land now part of Victoria Park to be vested in the University of Sydney for University purposes
Schedule Two Land now part of Victoria Park to be vested in the University of Sydney for University purposes
Schedule Two
(Section 3)
Land now part of Victoria Park to be vested in the University of Sydney for University purposes
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 9 acres or thereabouts, and being part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910: Commencing at a point at the intersection of the southern boundary of certificate of title, volume 2,230, folio 207, with the western building line of proposed roadway 66 feet wide, such point bearing 192 degrees 2 minutes 42 seconds distant 353 feet 5⅛ inches from the intersection of the western building line of proposed roadway 66 feet wide aforesaid with the building line common to both proposed roadway 66 feet wide aforesaid and Parramatta-road; and bounded thence on the north by part of the southern boundary of certificate of title, volume 2,230, folio 207, aforesaid, being a line bearing 262 degrees 48 minutes 53 seconds distant 174 feet 9⅞ inches; thence on part of the west by a fenced line being the arc of a circle the length of which being 179 feet 3⅞ inches, the radius of which is 230 feet ⅜ inch, the chord of which bears 211 degrees 20 minutes 9 seconds distant 174 feet 9¾ inches; thence again on the west by fenced lines bearing respectively 183 degrees 32 minutes 14 seconds distant 66 feet 7½ inches, 182 degrees 52 minutes 57 seconds distant 86 feet 1¾ inches, 193 degrees 5 minutes 8 seconds distant 44 feet 1⅞ inches, 193 degrees 48 minutes 38 seconds distant 61 feet 4⅝ inches, 195 degrees 23 minutes 11 seconds distant 61 feet 9⅜ inches, 197 degrees 42 minutes 57 seconds distant 80 feet 8½ inches, 204 degrees 24 minutes 17 seconds distant 110 feet 4¾ inches, 202 degrees 6 minutes 14 seconds distant 48 feet 1¼ inches, 199 degrees 41 minutes 16 seconds distant 30 feet 1¾ inches, 196 degrees 37 minutes 2 seconds distant 72 feet 2¼ inches, 187 degrees 10 minutes 28 seconds distant 78 feet 2⅝ inches, 183 degrees 57 minutes 46 seconds distant 90 feet 2⅞ inches, 181 degrees 43 minutes 8 seconds distant 54 feet 1¾ inches, 180 degrees 58 minutes 44 seconds distant 24 feet ¾ inch, 180 degrees 58 minutes 19 seconds distant 60 feet 4½ inches, 179 degrees 1 minute 4 seconds distant 40 feet 8⅝ inches, 177 degrees 48 minutes 26 seconds distant 49 feet 1⅝ inches, 177 degrees 20 minutes 32 seconds distant 24 feet ⅛ inch, 175 degrees 34 minutes 32 seconds distant 48 feet 4¼ inches, 174 degrees 13 minutes 23 seconds distant 106 feet 4⅞ inches, and a line partly fenced bearing 158 degrees 55 minutes 11 seconds distant 34 feet 8⅛ inches to the north-western building line of City-road, formerly known as Newtown-road; thence on the south-east by the north-western building line of City-road, formerly known as Newtown-road, as occupied being the face of a dwarf wall with iron railing on centre being lines bearing 36 degrees 17 minutes 36 seconds distant 165 feet 1⅞ inches, the arc of a circle the length of which being 255 feet 11⅞ inches, the radius of which is 591 feet 9 inches, the chord of which bears 47 degrees 32 minutes 24 seconds distant 253 feet 11⅞ inches, 58 degrees 25 minutes 39 seconds distant 216 feet 6⅛ inches respectively to the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide aforesaid; thence on the east by the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide, being the arc of a circle the length of which is 28 feet 7½ inches, the radius of which is 20 feet, the chord of which bears 17 degrees 24 minutes 40.3 seconds distant 26 feet 3 inches to the western building line of proposed roadway 66 feet wide aforesaid; thence on the east by the western building line of proposed roadway 66 feet wide aforesaid, being the arc of a circle the length of which is 853 feet 4⅜ inches, the radius of which is 1,371 feet 6 inches, the chord of which bears 354 degrees 13 minutes 11.8 seconds distant 839 feet 7⅞ inches; thence again on the east by the western building line of proposed roadway 66 feet wide aforesaid being a line bearing 12 degrees 2 minutes 42 seconds distant 136 feet 6 inches, to the point of commencement of the said several dimensions, all a little more or less.
Schedule Three
Description of new road between Newtown-road and Parramatta-road
Schedule Three Description of new road between Newtown-road and Parramatta-road
Schedule Three
(Section 4)
Description of new road between Newtown-road and Parramatta-road
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 2 acres 21½ perches or thereabouts being part of principal grant to University dated the 18th day of January, 1855, part of certificate of title, volume 2,230, folio 207, and part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910: Commencing at a point on the southern building line of Parramatta-road, such point bearing 262 degrees 27 minutes 44 seconds distant 28 feet 4⅛ inches from the intersection of the southern building line of Parramatta-road aforesaid with the prolongation northerly of the western building line of proposed roadway 66 feet wide; and bounded thence on the north by the southern building line of Parramatta-road aforesaid being lines bearing 82 degrees 27 minutes 44 seconds distant 58 feet 2½ inches, 84 degrees 7 minutes 42 seconds distant 39 feet 9⅝ inches respectively to the eastern building line of proposed roadway 66 feet wide aforesaid; thence on the east by the eastern building line of proposed roadway 66 feet wide aforesaid being a line bearing 192 degrees 2 minutes 42 seconds distant 540 feet 6¼ inches; thence by the arc of a circle whose radius is 1,305 feet 6 inches the chord of which bears 174 degrees 33 minutes 3.08 seconds distant 784 feet 10⅝ inches, the length of arc being 797 feet 2½ inches to the building line common to proposed roadway 66 feet wide and City-road, formerly known as Newtown-road; thence by that building line common to proposed roadway 66 feet wide and City-road, formerly known as Newtown-road, aforesaid, being the arc of a circle whose radius is 20 feet, the chord of which bears 107 degrees 44 minutes 32.7 seconds 30 feet 4 inches, the length of arc being 34 feet 5 inches to the north-western building line of City-road, formerly known as Newtown-road; thence on the south-east by the north-western building line of City-road, formerly known as Newtown-road, aforesaid being a line bearing 238 degrees 25 minutes 39 seconds distant 107 feet 1 inch to the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide; thence on part of the west by the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide aforesaid, being the arc of a circle whose radius is 20 feet, the chord of which bears 17 degrees 24 minutes 40.3 seconds distant 26 feet 3 inches, the length of arc being 28 feet 7½ inches; thence again on the west by the western building line of proposed roadway 66 feet wide aforesaid, being the arc of a circle whose radius is 1,371 feet 6 inches, the chord of which bears 354 degrees 13 minutes 11.8 seconds distant 839 feet 7⅞ inches, the length of arc being 853 feet 4⅜ inches; thence again on the west by the western building line of proposed roadway 66 feet wide aforesaid, being a line bearing 12 degrees 2 minutes 42 seconds distant 489 feet 11⅛ inches to the building line common to proposed roadway 66 feet wide aforesaid and Parramatta-road; thence by that building line common to proposed roadway 66 feet wide and Parramatta-road aforesaid, being the arc of a circle the radius of which is 20 feet, the chord of which bears 317 degrees 15 minutes 13 seconds distant 32 feet 8⅛ inches, the length of arc being 38 feet 3 inches to the point of commencement, be the said several dimensions all a little more or less.
Schedule Four
Main Drive from City-road to University
Schedule Four Main Drive from City-road to University
Schedule Four
(Section 4)
Main Drive from City-road to University
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, being part of the land comprised in certificate of title, volume 2,230, folio 207, and forming part of the land described in Schedule One, and being the existing Main Drive from City-road, formerly known as Newtown-road, to the University.
Schedule Five
Land to be subject to right of drainage
Schedule Five Land to be subject to right of drainage
Schedule Five
(Section 6)
Land to be subject to right of drainage
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, being part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910, and forming part of the land described in Schedule Two: Commencing at the south-western corner of land comprised in Schedule Two bearing north-easterly to the south-eastern corner of land comprised in Schedule Two aforesaid, being a strip of land 12 feet wide and parallel to the north-western building line of City-road, formerly known as Newtown-road.
Schedule Six
Land comprised in transfer and subgrant to Saint Paul’s College Trustees
Schedule Six Land comprised in transfer and subgrant to Saint Paul’s College Trustees
Schedule Six
(Section 7 (1))
Land comprised in transfer and subgrant to Saint Paul’s College Trustees
All that piece or parcel of land having an area of 15 acres 1 rood 20 perches situated in the parish of Petersham, county of Cumberland, and State of New South Wales, being Crown grant, registered volume 1,375, folio 60, together with part of 126 acres granted to the University of Sydney on the 18th day of January, 1855: Commencing on the north-western side of City-road, formerly known as Newtown-road, at a point bearing north-easterly and distant 89 feet 2¾ inches from its intersection with the northern building line of Saint Paul’s road, formerly known as Bligh-street; and bounded thence on part of the south-east by the north-western side of City-road, formerly known as Newtown-road, 90 feet wide, being lines bearing north 40 degrees 28 minutes 20 seconds east for 307 feet 5½ inches, and north 38 degrees 45 minutes east for 121 feet 6½ inches; thence on part of the north-east by a fenced line bearing north 32 degrees 53 minutes west for 55 feet 9¼ inches; thence on part of the south-east by a fenced line bearing north 36 degrees 52 minutes east for 95 feet 11¼ inches to a point which lies on the prolongation of the north-eastern side of a stone lodge; thence again on part of the north-east by a line bearing north 53 degrees 29 minutes west for 158 feet 6 inches by a circularly curved line of 100 feet radius concave towards the east, whose length is 79 feet 10½ inches, and whose chord bears north 30 degrees 36 minutes west for 77 feet 9¼ inches, and again by a straight line bearing north 7 degrees 43 minutes west for 277 feet 10¼ inches; thence on part of the north by a line bearing south 82 degrees 17 minutes west for 161 feet 8 inches; thence again on part of the north-east by a fenced line bearing north 32 degrees 2 minutes west for 180 feet; thence again on part of the north by a line bearing south 82 degrees 17 minutes west for 504 feet to a fenced line; thence on the west by that fenced line being part of the eastern boundaries of the Wesley College land and of the Women’s College land bearing south 10 degrees 32 minutes 30 seconds east for 770 feet 4 inches; thence on the south-west by a continuation of the boundary of the Women’s College land, being lines bearing south 30 degrees 19 minutes east for 124 feet 9 inches, south 10 degrees 56 minutes east along the edge of an eaves-gutter for 50 feet, north 81 degrees 12 minutes east for 2 feet 4½ inches and along a line in part fenced bearing south 10 degrees 30 minutes east for 118 feet 10 inches to the northern building line of Saint Paul’s road; thence on part of the south by that building line bearing north 88 degrees 16 minutes east for 20 feet to the south-western corner of a stone pillar; thence again on part of the north-east by a fenced line bearing north 10 degrees 56 minutes west for 121 feet 7 inches; thence again on part of the south by lines passing partly along a fence touching the north-western corner of a brick building, and again passing along a fence bearing north 87 degrees 27 minutes east for 163 feet 9¼ inches, and north 88 degrees 15 minutes 40 seconds east for 253 feet 1¾ inches; thence again on part of the west by a fenced line, being the eastern boundary of Crown grant registered volume 2,352, folio 207, bearing south 5 degrees 29 minutes east for 56 feet 5 inches, to the point to commencement.
Schedule Seven
Site of Physics Laboratory
Schedule Seven Site of Physics Laboratory
Schedule Seven
(Section 7 (2))
Site of Physics Laboratory
All that piece or parcel of land having an area of 3 roods 37¼ perches, situate in the parish of Petersham, county of Cumberland, and State of New South Wales, being part of 126 acres granted to the University of Sydney on the 18th day of January, 1855: Commencing at the north-western corner of the land of Saint Paul’s College described in Schedule number Six; and bounded thence on the south by the northern boundary of that land bearing north 82 degrees 17 minutes east for 504 feet, thence on the east by a line bearing north 7 degrees 43 minutes west for 85 feet, thence on the north by a line bearing south 82 degrees 17 minutes west for 504 feet, and thence on the west by a line bearing south 7 degrees 43 minutes east, to the point of commencement.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the University and College Lands and Victoria Park Act 1924.
2 Vesting of land described in Schedule One in Municipal Council of Sydney
2 Vesting of land described in Schedule One in Municipal Council of Sydney
2 Vesting of land described in Schedule One in Municipal Council of Sydney
The land described in Schedule One, forming portion of land granted to the University of Sydney, shall be and the same is hereby vested in the Municipal Council of Sydney for an estate in fee-simple upon the same trusts and with the same powers and subject to the same limitations as if the said land described in Schedule One had formed part of the land described in Schedule One to the Victoria and Rushcutter’s Bay Parks Act 1910.
s 2: Am 1937 No 36, sec 2 (a).
3 Vesting of land described in Schedule Two in University
3 Vesting of land described in Schedule Two in University
3 Vesting of land described in Schedule Two in University
The lands described in Schedule Two, forming part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910, shall be and the same are hereby vested in the University of Sydney, their successors and assigns for an estate in fee-simple to be held upon the trusts set out in section nine of this Act, subject as to the lands described in Schedule Five to the rights conferred on the Municipal Council of Sydney by section six of this Act.
4
4, 5 (Repealed)
4
s 4: Rep 1937 No 36, sec 2 (b).
s 5: Rep 1937 No 36, sec 2 (b).
6 Rights of drainage over certain lands
6 Rights of drainage over certain lands
6 Rights of drainage over certain lands
The Municipal Council of Sydney shall have the free right of using for the purpose of sewerage and drainage the lands described in Schedule Five which form part of the lands described in Schedule Two with the right to make and forever hereafter to repair and maintain all such sewers and drains therein as may be reasonable and proper, making good nevertheless at their own expense all damage and disturbance which may be caused to the surface of the said land.
It enables the University Senate to set aside at least two acres from the 1855 grant as site and recreation ground for the Women’s College and to subgrant such land to the council of the Women’s College as if that land were part of a lapsed selection originally directed by the Crown grant, thereby validating subgrants that would otherwise have required gubernatorial nomination (s 8).
It extinguishes, frees and discharges the 1855 grant lands from trusts in favour of any college (except where lands have already been subgranted or vested as described), and vests the balance in the University in fee simple upon substitute trusts: for erection of University buildings, formation of park and gardens in connection with the University, or “such other purposes in connection with the University” as the Senate deems fit (s 9).
The Act contains precise cadastral descriptions of the parcels affected (Schedules One through Seven), records a validation of a specific historic transfer (s 7(1)), and records amendments and repeals in marginal notes (for example, s 2 amended, ss 4-5 repealed). The Act does not create criminal offences, fines or a statutory enforcement regime within its text; the rights and duties it creates are property, trust and contract style obligations embedded in the registerable estate and easement interests it creates (see relevant sections below).
Main concepts
The statute operates through a small set of property law and trust mechanisms. Understanding the Act requires attention to five main conceptual elements that the text deploys:
Vesting in fee simple subject to trusts and existing statutory trusts. Sections 2 and 3 enact statutory vestings of fee simple estates. In s 2 the Municipal Council of Sydney receives land “for an estate in fee-simple upon the same trusts and with the same powers and subject to the same limitations” as if it had already been included in the 1910 parks Act’s Schedule. In s 3 the University receives land “for an estate in fee-simple to be held upon the trusts set out in section nine of this Act” (s 3). The Act therefore combines absolute title (fee simple) with trust limitations: ownership is statutory but trust‑bound.
Express easement/right for drainage. Section 6 grants the Municipal Council a perpetual, free right to use the Schedule Five strip “for the purpose of sewerage and drainage,” including the right to make, repair and maintain sewers and drains forever, while simultaneously imposing the obligation to repair surface damage at the Council’s expense. This is an affirmative statutory servitude that confers operational access rights and routine maintenance duties.
Validation of historical subgrant. Section 7(1) retroactively validates a particular indenture of subgrant and memorandum of transfer dated 29 October 1924 in favour of trustees for Saint Paul’s College, and treats the Schedule Six land as if it had been part of the 1855 Crown grant and selectable under that grant. The validation is worded to operate “as if” the earlier technical prerequisites had been satisfied, effectively curing any defect in origin of title at common law or in equity insofar as the Act reaches.
Substituted and discretionary trusts for University uses. Section 9 frees lands from earlier college trusts and vests them in the University upon trusts that are described in functional terms: buildings, park and gardens, or “such other purposes in connection with the University as the Senate shall deem fit.” That formulation creates broad discretion for the University Senate to determine permissible uses within the “in connection with” formulation, while simultaneously extinguishing prior college-specific trusts except where other statutory subgrants have intervened (s 9).
Senate empowerment to set apart and subgrant Women’s College land. Section 8 authorises the Senate to set aside at least two acres from the 1855 grant for the Women’s College and to subgrant it to the college council “in the same manner and with the said effect” as if the Governor, after a prior lapse, had nominated the Women’s College. That creates a procedural shortcut: the Act substitutes a Senate resolution for earlier gubernatorial nomination processes described in the original Crown grant framework.
The schedules perform two roles: (a) they describe with metes and bounds the parcels transferred and burdened; and (b) they act as the operative land catalogue for the vestings, easement, and validated subgrant. The Act is therefore a mixture of property transfer, easement creation, amendment of historical trust obligations and legislative validation of a historical conveyancing act.
Who it affects
The Act allocates rights, duties and discretions among distinct, named public and institutional actors. Identify who pays, who decides and who is restricted:
Municipal Council of Sydney: Receives a park parcel in fee simple under s 2 (Schedule One) and receives an express drainage right over the 12‑foot strip identified in Schedule Five (s 6; Schedule Five). The Council has the operational rights to construct and maintain sewers and drains; it also bears the cost of making good damage and disturbance to the land’s surface resulting from such works (s 6). The Council is the beneficiary of a public park trust as expressed through cross reference to the Victoria and Rushcutter’s Bay Parks Act 1910 (s 2).
University of Sydney and its Senate: Receives fee simple title in the lands specified in Schedule Two and in the residue of the 1855 grant freed from college trusts (s 3; s 9; Schedule Two). The Senate is given broad decision‑making authority over the use of these lands: erect buildings, form parks and gardens, and determine “such other purposes in connection with the University” as it deems fit (s 9). The Senate also has the power to set apart and subgrant land to the Women’s College by resolution (s 8). The University is constrained by s 7(2) in respect of the Schedule Seven land: it may not increase the height of the Physics Laboratory or any building on that land beyond what was then being erected without consent from the Warden and Fellows of Saint Paul’s College (s 7(2)).
Warden and Fellows of Saint Paul’s College, and trustees for Saint Paul’s College: The Act validates a historical subgrant to trustees for Saint Paul’s College and treats Schedule Six as part of the original Crown grant for selection purposes, thereby affirming the college’s landholding interests (s 7(1); Schedule Six). The Warden and Fellows also hold a statutory consent right under s 7(2) over building height on the Site of the Physics Laboratory (Schedule Seven).
Council of the Women’s College (the incorporated body referred to in s 8): The Act provides that the Senate may set apart land and execute a subgrant to this body, and treats such subgrant as if it had been made pursuant to the nomination machinery in the original Crown grant. The Women’s College is a potential legal title holder once the Senate acts under s 8.
Third parties and the public: The Act alters the ownership and trust framework of land formerly held as part of Victoria Park. Members of the public who may have relied on Victoria Park’s public park status will be affected by the transfer of specific parcels to the University (s 2; s 3). The Act does not itself set out any new user entitlements for the public.
Land registries and title holders: The statute’s vestings, easement and validation will require action at the land titles level to reflect new estates, easements and validated subgrants. The text records the specific Certificate of Title volume and folio references and detailed metes and bounds (Schedules One to Seven), which is relevant to registrars and surveyors.
Who pays: s 6 expressly places the cost of making good surface damage caused by drainage works on the Municipal Council. The University is indirectly obliged to hold lands on specific trusts such as erecting buildings and forming parks (s 9); costs of those uses will fall to the University. The Act does not create statutory funded obligations on the Crown to meet capital costs.
Who decides: The Municipal Council exercises practical control over drainage operations on Schedule Five lands (s 6); the University Senate exercises broad discretion on the uses of lands vested in the University (s 9) and specifically exercises the power to set apart and subgrant for the Women’s College (s 8). The Warden and Fellows of Saint Paul’s College have an explicit consent role under s 7(2).
Key duties and rights
The Act creates and allocates operational rights, affirmative duties and procedural powers. These are the provisions that will determine day‑to‑day conduct.
Rights:
Fee simple ownership subject to trusts. The Municipal Council of Sydney receives fee simple title to the parcel in Schedule One to be held as part of Victoria Park under the same trusts and limitations as the Victoria and Rushcutter’s Bay Parks Act 1910 (s 2; Schedule One). The University of Sydney receives fee simple title to Schedule Two land and to the freed balance of the 1855 grant (s 3; s 9; Schedule Two).
Drainage and sewerage easement. The Municipal Council has the “free right of using for the purpose of sewerage and drainage the lands described in Schedule Five” with the express right to make, repair and maintain sewers and drains forever (s 6; Schedule Five). That is an affirmative, perpetual statutory servitude in favour of the local authority.
Validated proprietary title to Saint Paul’s trustees. By statutory validation the subgrant to Saint Paul’s trustees (dated 29 October 1924) is given retrospective effect “as if” it had been a part of the 1855 grant and the relevant selection machinery, thereby affirming the proprietary interest described in Schedule Six (s 7(1); Schedule Six).
Duties and limitations:
Repair and reinstatement obligation for drainage interference. The Municipal Council must “make good nevertheless at their own expense all damage and disturbance which may be caused to the surface” of the land used for drainage (s 6). That is a cost imposition and operational duty linked to the right to enter and operate drainage infrastructure.
Consent constraint on building height. The University Senate is prohibited from carrying the Physics Laboratory or any building on the Schedule Seven land to a greater height than the then‑existing building without the consent of the Warden and Fellows of Saint Paul’s College (s 7(2); Schedule Seven).
Trust obligations as to uses. Lands vested in the University under s 9 are held “upon trust for the erection thereon of buildings for the said University and for the formation of a park and gardens in connection therewith or for such other purposes in connection with the University as the Senate of the said University shall deem fit” (s 9). That creates fiduciary or trust‑style obligations mandating the use of those lands for University purposes, subject to the Senate’s discretion within the articulated ambit.
Powers to subgrant and to set apart. The Senate is explicitly empowered to set apart land for the Women’s College and to execute subgrants to that college council “in the same manner and with the said effect” as if the Governor had nominated the college following a prior lapse in selection (s 8). That confers a procedural and dispositionary power on the Senate.
Administrative and recordkeeping duties:
Although not enumerated as statutory duties in the Act, the practical effect of the vestings, easement and validated transfers requires registration and survey steps to effect title changes, register easements, and record trustee interests against the applicable folios and certificates referenced in the Schedules.
What the Act does not do:
It does not set out a statutory enforcement machinery (no criminal offences or fines are specified), nor does it prescribe administrative penalties or statutory appeal rights in the text. Enforcement of obligations will therefore be grounded in property and trust law remedies unless other legislation or regulation supplies enforcement mechanisms.
Penalties and enforcement
The Act contains no express penal provisions, fines or administrative sanctioning regimes. There are no sections that create offences or prescribe monetary penalties for non‑compliance within the text provided. Consequences for breach of the rights, duties and trusts created by the Act therefore flow from property, trust and civil remedies rather than from in‑Act sanctions. Key consequences and enforcement modalities implied by the text are:
Civil enforcement and equitable remedies. Duties created by the Act that are cognate to trust duties (for example, enforcement of the purposes for which land is held by the University in s 9) or covenant‑style obligations (for example, the Council’s obligation to repair damage caused by drainage in s 6) will be enforced by ordinary civil remedies recognised in property and equity (injunctions, specific performance, equitable compensation, or damages). The Act itself does not list remedies, so enforcement would proceed through court proceedings if parties seek to vindicate their rights or enforce trusts.
Title issues and registration. The vestings and the validated transfer will require updating land titles. Land registries may provide administrative mechanisms (lodgement, caveats, memorials, or entries) to reflect the statutory vestings and easements described in the Schedules. Failure to register changes may create practical complications in third‑party dealings but will not negate the statutory vesting, which arises by force of the Act.
Consent and veto rights. Section 7(2) gives the Warden and Fellows of Saint Paul’s College a consent right over increased building height on Schedule Seven lands. The practical enforcement of that right is by private law; the Warden and Fellows can withhold consent and, if the University acted nonetheless, seek equitable relief. There is no statutory appeal mechanism set out within the Act.
Mandatory repair expense. The Act expressly requires the Municipal Council to “make good … at their own expense” surface damage caused by drainage works (s 6). If the Council failed to do so, affected landowners (including the University if its lands are damaged) would likely have a contractual or tort-based claim, or an equitable claim for breach of statutory duty, depending on the facts. The Act itself does not prescribe enforcement procedures for recovery of repair costs.
Limits on statutory protection. Because the Act does not specify enforcement machinery it leaves procedural rules of civil litigation and trust law intact , for example, rules about standing, limitation periods and remedies. These procedural prerequisites may affect the viability and timing of any enforcement action.
Practical implication: parties wanting to enforce or defend rights under this Act should be prepared to proceed through land registration steps and, where disputes arise, civil litigation or trust/accounting proceedings. The Act confers rights and duties but not an administrative enforcement ladder within its text.
How it interacts with other laws
The Act cross‑references several earlier statutory instruments and the original Crown grant, thereby integrating into an existing statutory and trust architecture. The interactions the text itself describes are the primary legal interdependencies:
Victoria and Rushcutter’s Bay Parks Act 1910. Section 2 vests land in the Municipal Council “upon the same trusts and with the same powers and subject to the same limitations as if the said land described in Schedule One had formed part of the land described in Schedule One to the Victoria and Rushcutter’s Bay Parks Act 1910” (s 2; Schedule One). The Act thereby imports the trust terms, powers and limitations of that 1910 Act into the new vesting. Any rights, restrictions, or public park obligations that exist under the 1910 Act thus operate in relation to the parcel vested by s 2, subject to the literal language of the 1924 vesting.
Wesley College Incorporation Act 1910. Section 9 is expressed to be “subject to the provisions of this Act and to section eighteen of the Wesley College Incorporation Act 1910” (s 9). That suggests that s 18 of the Wesley College Act may create a priority, exemption, or procedural constraint that limits the degree to which s 9 can discharge prior trusts in favour of Wesley College. Practitioners must therefore consult that specific section to identify any reservation or protection for Wesley College’s interests.
Prince Alfred Hospital Act 1902. Section 9 also acknowledges lands that “have been vested in Prince Alfred Hospital under and by virtue of the Prince Alfred Hospital Act 1902” , these lands are carved out of the s 9 free and discharge operation (s 9). The effect is that s 9 does not override prior statutory vestings in the Hospital under its 1902 Act.
Original Crown grant dated 18 January 1855. Many of the Act’s operative provisions are framed as modifications of the parties’ interests under the original 1855 Crown grant to the University (s 7(1); s 9; Schedules repeatedly refer to “part of principal grant to University dated 18th day of January, 1855”). The Act treats certain parcels as if they had been selected under the original grant (s 7(1)), and s 9 discharges the 1855 grant’s college-specific trusts to re‑vest lands in the University. Therefore, the Act functions as a statutory re-interpretation and partial re‑allocation of the rights created by that Crown grant.
Incorporation acts and statutes for colleges. Section 8 refers to an earlier Act that originally incorporated the Women’s College (the Act passed in the fifty-third year of Queen Victoria, number ten) and the consolidating Statute number seventy‑one of 1902; s 8 then treats the Senate’s resolution as if the Governor had nominated the Women’s College following a lapse. That creates a statutory substitution for nomination processes embedded in the earlier legislative history of college incorporations.
Practical consequence: the Act does not stand alone. Its vestings and trust modifications must be read together with the 1910 parks Act, the Wesley College Incorporation Act 1910 (s 18), the Prince Alfred Hospital Act 1902, the 1855 Crown grant and the incorporations and statutes referenced for Saint Paul’s and the Women’s College. The Act itself points readers to those instruments as sources of continuing covenants, trusts and limitations. Legal advisers must therefore consult the referenced statutes and the original Crown grant language when interpreting obligations, limitations or the scope of rights conferred by the 1924 Act.
Amendment history
The Act’s text contains marginal notes recording a small number of subsequent amendments and repeals. The explicit entries in the provided text are:
Section 2, as printed, carries an amendment notation: “s 2: Am 1937 No 36, sec 2 (a).” That indicates that s 2 was amended by the 1937 Act numbered 36 at section 2(a). The printed text of s 2 in this copy appears to reflect the amended wording; the marginal note identifies the amending instrument and provision.
Sections 4 and 5 are both expressly repealed. The marginal notes read: “4, 5 (Repealed)” and then: “s 4: Rep 1937 No 36, sec 2 (b).” and the same for s 5. Thus an amending Act in 1937 repealed ss 4 and 5.
Despite the repeal note for s 4, Schedules Three and Four remain present and bear the parenthetical marking “(Section 4)”. The text therefore preserves archival schedule descriptions even though the operative sections originally tying those schedules to statutory vestings were repealed in 1937. This indicates a historic drafting pattern where schedules were linked to a now‑repealed section; whether the schedules retain any continuing legal operation depends on the precise terms of the 1937 amending Act and consolidation practice.
No other amendments, expiry dates, or repeals are recorded in the provided text. The Act’s name is printed as the University and College Lands and Victoria Park Act 1924. The printed marginalia show the 1937 amendments but do not list subsequent changes.
Practical implications for advisers:
The Act as printed is not necessarily the current consolidated text. The marginal notes identify 1937 amendments; there may be further amendments or repeals not present in this reproduction. Anyone relying on the Act for operational decision‑making must confirm the current status in an up‑to‑date statute register.
Because schedules contain precise metes and bounds and references to certificate of title volumes and folios, subsequent amendments to road layouts, local government boundaries, or land registration practice may affect how the schedules interact with present titles; those potential changes are not captured by the marginal amendment notes and require contemporary title examination.
Litigation history
The Act as presented contains no reported cases, no annotations of judicial construction, and no statutory schedule of litigation. There are no cases named in the text and no references to judicial determinations of the Act’s provisions. The printed Act therefore does not supply a litigation history.
Practical consequences:
Because s 2 imports trusts and limitations from the Victoria and Rushcutter’s Bay Parks Act 1910 and s 9 interacts with the Wesley College Incorporation Act 1910 and the Prince Alfred Hospital Act 1902, there may be judicial decisions construing those earlier instruments that are relevant to interpreting the 1924 Act. Those cases are not cited in this Act.
The absence of cases in the text means that interpretation issues , for example, the phrase “such other purposes in connection with the University” in s 9, or the precise scope of the Council’s obligation to “make good … at their own expense” under s 6 , may not have been authoritatively decided on the statute’s face. Practitioners should search case law databases for disputes involving these sections and the related earlier Acts where interpretation of trusts, implied terms, or the scope of drainage rights may have been litigated.
Where title disputes or trust enforcement issues arise (for example, compliance with the s 7(2) consent restraint, or the discharge of college trusts under s 9), resolution will depend on general principles of property, equity and trust law applied to the statutory text; the Act itself gives no guidance on preferred remedies or jurisdiction.
Recommendation: undertake a targeted case law search for decisions involving this Act or the referenced statutes (Victoria and Rushcutter’s Bay Parks Act 1910; Wesley College Incorporation Act 1910; Prince Alfred Hospital Act 1902) if a practitioner requires precedential guidance on interpretation or enforcement.
Gotchas
The Act contains multiple technical and contextual traps for the unwary. Below are concrete points to watch, grounded in the text:
Schedule‑level precision, old title references. The Schedules supply metes and bounds and reference historical certificate of title numbers and folios (for example Volume 2,230 folios 206 and 207, and Crown grant registered Volume 1,375 folio 60). Modern title registration and road alignments may not map cleanly to these descriptions; practitioners must obtain current surveys and title searches. The Act’s operation is parcel‑specific, so a mismatch between historic folio references and modern titles can be decisive.
Repealed operative sections (ss 4-5) but surviving schedule text. The marginal notes show ss 4 and 5 repealed in 1937, yet Schedules Three and Four carry the heading “(Section 4)”. That may lead to confusion about whether the schedule descriptions remain operative or were only kept for record. Do not assume that the schedule entries are legally effective absent verification of the amending instrument’s effect on schedules.
Cross‑instrument dependencies. Several provisions import or are “subject to” provisions in other statutes (s 2 references the 1910 parks Act; s 9 is subject to s 18 of the Wesley College Incorporation Act 1910; s 9 excludes lands vested under the Prince Alfred Hospital Act 1902). Failure to consult those instruments may produce erroneous conclusions about permitted uses or reserved rights.
Broad Senate discretion vulnerable to competing claims. Section 9 vests lands in the University “upon trust” for University uses, including “such other purposes in connection with the University as the Senate shall deem fit.” That wording grants wide discretion to the Senate but is simultaneously framed as a trust obligation. Where the Senate exercises this discretion to effect significant alienations or uses, third parties (colleges, local authorities, or the public) may contest whether a particular use is legitimately “in connection with” the University. The Act does not define that phrase.
Drainage works have operational consequences. The Municipal Council’s perpetual drainage right (s 6) confers broad physical access and construction rights across Schedule Five land. The Council must repair surface damage at its own expense; however, the Act does not set standards for reinstatement or timelines, nor does it specify dispute resolution mechanisms for disagreements about scope of damage or adequacy of repairs.
Consent right expressly limited to height but may have practical effect. Section 7(2) limits the University’s height on the Schedule Seven site unless consent of the Warden and Fellows of Saint Paul’s is obtained. The constraint is phrased in a building‑height metric rather than broader design parameters; however, given interdependence of building height and other campus operations, the consent right may functionally influence planning and building approvals.
No statutory enforcement ladder. Because the Act lacks criminal sanctions or an administrative enforcement route, aggrieved parties must turn to civil or equitable remedies. That can prolong disputes, increase costs, and require careful pleadings to ground relief in trust, property or nuisance law.
The Act validates a specific 1924 grant “as if” certain historical prerequisites had been met (s 7(1)). That retrospective validation may cure defects in title derived from that transfer but does not itself specify actions required to reflect the validation on modern title registers; practical registration matters remain.
Public expectation vs statutory transfers. Portions of Victoria Park are transferred from municipal park trust status into University ownership (s 3). That alters the public/private balance for those parcels, even though s 2 imports park trust limitations. Parties should not presume unrestricted public access or preservation of park status across transferred parcels without checking the applicable trust limitations as imported from the 1910 parks Act.
Ambiguity about internal priority among colleges. Section 9 frees lands from any trusts in favour of any college under the 1855 grant “except so far as any of the lands … are included in the lands described in Schedule One, Schedule Three, and Schedule Six or have heretofore been subgranted by the University … to trustees for … colleges or have been vested in Prince Alfred Hospital.” That carve‑out list is fact‑dependent. Lawyers must map existing subgrants to determine whether s 9’s discharge operation applies to particular parcels.
In short, the Act is highly technical, reference‑dependent and likely to interact with historic conveyancing and title details. Practical steps such as updated surveys, title searches, examination of the 1910 and 1902 Acts, and careful mapping of existing subgrants are necessary to avoid unintended consequences.
How to comply
This section sets out concrete steps for the primary affected actors to put the Act into operational compliance, based on the statutory text.
For the Municipal Council of Sydney (s 2; s 6; Schedule One; Schedule Five):
Record and accept statutory vesting. Ensure the Council’s legal and land title teams secure the statutory vesting of Schedule One land into the Council’s land register or records. Although the Act vests the land automatically, administrative acceptance and registrar entries will be required to reflect the fee simple estate.
Register the drainage easement. The Council should register or otherwise memorialise its drainage rights over the Schedule Five strip in the land registry so that third parties have notice of the Council’s “free right … for the purpose of sewerage and drainage” (s 6; Schedule Five).
Prepare an operational plan for works and reinstatements. Because the Council must “make good … at their own expense all damage and disturbance” to the surface from drainage works (s 6), draft and approve methods and standards for construction, reinstatement and compensation. Maintain records of works, surveys prior to excavation, and post‑works reinstatement documentation.
Coordinate with the University. Where drainage works affect lands vested in the University (s 3; Schedule Two), agree protocols for notice, timing and reinstatement, and document these in memoranda of understanding or licences where appropriate.
For the University of Sydney and the University Senate (s 3; s 8; s 9; Schedules Two, Six, Seven):
Confirm title and register vestings. Obtain certified title searches and update University records to reflect fee simple vestings described in s 3 and s 9. Where lands have been freed from college trusts, ensure that memorials or caveats on the relevant folios are adjusted to reflect the University’s new trust purposes.
Exercise Senate powers with records. If the Senate intends to set apart land for the Women’s College under s 8, the Senate should adopt a formal resolution, minute the decision, and cause a statutory style subgrant (documented and executed) to be prepared. The resolution and subgrant should record the statutory basis (s 8) and provide mapping to the schedule descriptions. Maintain contemporaneous records to support the statutory “as if” narrative the Act provides.
Respect the Saint Paul’s consent constraint. For Schedule Seven land (Physics Laboratory site), the University must secure the consent of the Warden and Fellows before increasing building heights beyond those then being erected (s 7(2)). Document any requests for consent and any agreements or refusals. If consent is withheld, the University should adjust plans accordingly or negotiate terms.
Manage trust purposes. Lands vested in the University under s 9 are subject to trusts for University building and related park uses. Ensure that any development, alienation or leasing is consistent with those trust purposes, and document decisions of the Senate that justify a proposed use as “in connection with the University.”
For Saint Paul’s College trustees and the Warden and Fellows (s 7(1)-(2)):
Record validated title. If not already recorded, ensure the validated subgrant (s 7(1)) is reflected in trustee registers and title records, and that the trustees’ rights and any covenants are properly memorialised.
Log and exercise consent rights. Where the University seeks to develop Schedule Seven land, record the consent procedures and consider whether to set objective parameters for assessing proposed increases in building height.
For the Women’s College council (s 8):
Coordinate with the University Senate. If the Senate sets aside land for the Women’s College and executes a subgrant, ensure the college obtains registered title, understands the extent of the grant, and documents permitted uses and any reversionary or trust obligations.
General operational steps for all parties:
Obtain current surveys. The Schedules contain precise historical metes and bounds. Commission land surveys to map the Schedules onto current cadastral and road networks, particularly where the Schedules reference “proposed roadway 66 feet wide” or “Newtown‑road formerly known as” City‑road. Modern survey evidence will be necessary for registration and for planning approvals.
Check cross‑referenced statutes. Consult the Victoria and Rushcutter’s Bay Parks Act 1910 (as referenced in s 2), section 18 of the Wesley College Incorporation Act 1910 (as referenced in s 9), and the Prince Alfred Hospital Act 1902 (as referenced in s 9) to identify ongoing trust obligations, limitations, or priority vestings that survive the 1924 Act’s modifications.
Register memorials and caveats. Where trust obligations, easements, or consent rights may affect third‑party dealings, register appropriate memorials or caveats against affected titles to protect rights and provide notice.
Draft inter‑institutional agreements. Where the drainage easement affects University‑vested land, and where college consent rights affect campus planning, parties should use formal agreements to set out notice periods, standards, dispute resolution procedures and reinstatement obligations.
Legal review before disposal or encumbrance. Before any sale, charge, mortgage, lease for long terms, or third‑party encumbrances are sought over the lands vested or freed by this Act, secure a legal opinion on whether such transactions are consistent with the trust purposes created, and whether statutory consents or ministerial approvals are required by other statutes.
Keep contemporaneous records. Because some of the Act’s operative provisions are retrospective (s 7(1)) and some rely on Senate resolutions (s 8), maintain clear documentary chains showing the statutory basis for any title changes, consents, or subgrants.
Seek registration direction from Land Titles Office. The Land Titles Office or registrar should be engaged early to confirm the forms of memorials or entries required to reflect statutory vestings, the validated subgrant, and the drainage easement.
Plan for disputes via civil remedies. Recognise that the Act does not provide administrative enforcement procedures; any disputes over compliance (for example, breach of the reinstatement duty in s 6, or alleged misuse of land contrary to the University trust in s 9) will be resolved via civil litigation or equitable remedies. Parties should preserve evidence, contemporaneous notices and technical reports that will be important in any litigation.
Following the checklist above aligns operational practice with the Act’s mechanical effects and reduces the risk of title, planning or inter‑institutional disputes.
Section 7Validation of transfer and subgrant to Saint Paul’s College trustees
7 Validation of transfer and subgrant to Saint Paul’s College trustees
7 Validation of transfer and subgrant to Saint Paul’s College trustees
7 Validation of transfer and subgrant to Saint Paul’s College trustees
(1) A certain indenture of subgrant dated the twenty-ninth day of October, one thousand nine hundred and twenty-four, and made between the University of Sydney of the first part the Honorable Sir William Portus Cullen, the Honorable Mr Justice Philip Whistler Street, Alfrey Becher Stewart White, Esquire, Francis Alfred Allison Russell, Esquire, and the Reverend Arthur Henry Garnsey, as trustees for Saint Paul’s College of the second part and the Warden and Fellows of Saint Paul’s College of the third part, and a certain memorandum of transfer of even date and collateral thereto whereby the land comprised in land grant dated the first day of October, one thousand nine hundred and one, registered volume one thousand three hundred and seventy-five, folio sixty, forming part of the land described in Schedule Six was expressed to be transferred to the said trustees for Saint Paul’s College, are hereby validated and shall operate and take effect as if the lands thereby subgranted and transferred being the lands described in Schedule Six including the land comprised in the said land grant of the first day of October, one thousand nine hundred and one, had wholly formed part of the lands granted to the University of Sydney by the said Crown grant of the eighteenth day of January, one thousand eight hundred and fifty-five and subject to the trusts, conditions, and provisos thereof, and as if the said lands formed one of four several portions of the said land consisting each of not less than eighteen acres directed by the said grant to be selected by the Senate of the said University for the purposes in the said Crown grant declared.
(2) In respect of the lands described in Schedule Seven, being land adjoining the lands comprised in Schedule Six and formerly enclosed as lands of Saint Paul’s College whereon the Senate of the said University is presently erecting a building intended for use as a Physics Laboratory, the Senate shall not at any time carry the said building or any building on the said land to a greater height than that of the said building now being erected without the consent of the Warden and Fellows of the said college.
8 Women’s College land
8 Women’s College land
8 Women’s College land
Any land including the land whereon the Women’s College building is now erected and not being less than two acres and being part of the land granted to the University of Sydney by the Crown grant dated the eighteenth day of January, one thousand eight hundred and fifty-five, which may from time to time hereafter by resolution of the Senate of the University be set apart for the council of the Women’s College, being the college incorporated by the Act passed in the fifty-third year of the reign of Her late Majesty Queen Victoria number ten to establish and endow a college for women within the University of Sydney, since repealed and consolidated in the Statute number seventy-one of one thousand nine hundred and two as a site for buildings and recreation grounds for the college, shall be deemed and be taken to be a part or portion of the said grant formerly selected by the Senate of the said University in accordance with the provisions of the said Crown grant for the religious society denominated the Wesleyan Methodists but which said selection lapsed and the said University is hereby empowered to make and execute a subgrant of such land or lands being part or parts of the land granted to it by the Crown grant as it may set apart as aforesaid upon trust for the said council of the Women’s College in the same manner and with the said effect in all respects as if such land so set apart as aforesaid were part of the said lapsed portion and as if the Governor with the advice of the Executive Council and after such lapse had nominated the said Women’s College as a college in trust for which such land or lands so set apart as aforesaid were to be subgranted.
9 Substituted trusts of land retained by University
9 Substituted trusts of land retained by University
9 Substituted trusts of land retained by University
Subject to the provisions of this Act and to section eighteen of the Wesley College Incorporation Act 1910, and except so far as any of the lands described in the said grant of the eighteenth day of January, one thousand eight hundred and fifty-five, are included in the lands described in Schedule One, Schedule Three, and Schedule Six or have heretofore been subgranted by the University of Sydney in pursuance of the said grant to trustees for the Principal and Councillors of Saint Andrew’s College or to trustees for the Rector and Fellows of Saint John’s College or have been vested in Prince Alfred Hospital under and by virtue of the Prince Alfred Hospital Act 1902, the whole of the lands described in the said grant are hereby freed and discharged from any trusts in favour of any college under the said grant and shall be and the same are hereby vested in the University of Sydney and their successors for an estate in fee-simple upon trust for the erection thereon of buildings for the said University and for the formation of a park and gardens in connection therewith or for such other purposes in connection with the University of Sydney as the Senate of the said University shall deem fit.
Schedule One Land to be vested in the Municipal Council as part of Victoria Park
Schedule One Land to be vested in the Municipal Council as part of Victoria Park
Schedule One
(Section 2)
Land to be vested in the Municipal Council as part of Victoria Park
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 7 acres 35½ perches or thereabouts, being part of principal grant to University, dated 18th day of January, 1855, and part of the land comprised in certificate of title, volume 2,230, folio 206, and part of the land comprised in certificate of title, volume 2,230, folio 207: Commencing at the intersection of the southern building line of Parramatta-road with the eastern building line of proposed roadway 66 feet wide, and bounded thence on the north by the southern building line of Parramatta-road aforesaid, being lines bearing 84 degrees 7 minutes 42 seconds distant 33 feet 1⅛ inches, 83 degrees 5 minutes 30 seconds distant 70 feet 11⅞ inches, 82 degrees 40 minutes 6 seconds distant 684 feet ⅝ inch respectively to the building line common to both Parramatta-road and City-road, formerly known as Newtown-road; thence on the north-east by the building line common to both Parramatta-road and City-road, formerly known as Newtown-road aforesaid, being the arc of a circle whose radius is 86 feet 10¾ inches, the chord of which bears 143 degrees 52 minutes 27 seconds distant 138 feet ¼ inch, the length of arc being 159 feet 5⅝ inches to the western building line of City-road, formerly known as Newtown-road; thence on the east by the western building line of City-road, formerly known as Newtown-road, aforesaid being a line bearing 199 degrees 55 minutes 12 seconds distant 277 feet 6¾ inches; thence on the south-west and south by the north-eastern and northern boundary of Victoria Park, being lines bearing 327 degrees 13 minutes 53 seconds distant 8 feet 1⅛ inches, 262 degrees 48 minutes 53 seconds distant 850 feet 5⅝ inches respectively to the eastern building line of proposed roadway 66 feet wide aforesaid; thence on the west by the eastern building line of proposed roadway 66 feet wide aforesaid, being a line bearing 12 degrees 2 minutes 42 seconds distant 381 feet to the point of commencement, be the said several dimensions all a little more or less.
Schedule Two Land now part of Victoria Park to be vested in the University of Sydney for University purposes
Schedule Two Land now part of Victoria Park to be vested in the University of Sydney for University purposes
Schedule Two
(Section 3)
Land now part of Victoria Park to be vested in the University of Sydney for University purposes
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 9 acres or thereabouts, and being part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910: Commencing at a point at the intersection of the southern boundary of certificate of title, volume 2,230, folio 207, with the western building line of proposed roadway 66 feet wide, such point bearing 192 degrees 2 minutes 42 seconds distant 353 feet 5⅛ inches from the intersection of the western building line of proposed roadway 66 feet wide aforesaid with the building line common to both proposed roadway 66 feet wide aforesaid and Parramatta-road; and bounded thence on the north by part of the southern boundary of certificate of title, volume 2,230, folio 207, aforesaid, being a line bearing 262 degrees 48 minutes 53 seconds distant 174 feet 9⅞ inches; thence on part of the west by a fenced line being the arc of a circle the length of which being 179 feet 3⅞ inches, the radius of which is 230 feet ⅜ inch, the chord of which bears 211 degrees 20 minutes 9 seconds distant 174 feet 9¾ inches; thence again on the west by fenced lines bearing respectively 183 degrees 32 minutes 14 seconds distant 66 feet 7½ inches, 182 degrees 52 minutes 57 seconds distant 86 feet 1¾ inches, 193 degrees 5 minutes 8 seconds distant 44 feet 1⅞ inches, 193 degrees 48 minutes 38 seconds distant 61 feet 4⅝ inches, 195 degrees 23 minutes 11 seconds distant 61 feet 9⅜ inches, 197 degrees 42 minutes 57 seconds distant 80 feet 8½ inches, 204 degrees 24 minutes 17 seconds distant 110 feet 4¾ inches, 202 degrees 6 minutes 14 seconds distant 48 feet 1¼ inches, 199 degrees 41 minutes 16 seconds distant 30 feet 1¾ inches, 196 degrees 37 minutes 2 seconds distant 72 feet 2¼ inches, 187 degrees 10 minutes 28 seconds distant 78 feet 2⅝ inches, 183 degrees 57 minutes 46 seconds distant 90 feet 2⅞ inches, 181 degrees 43 minutes 8 seconds distant 54 feet 1¾ inches, 180 degrees 58 minutes 44 seconds distant 24 feet ¾ inch, 180 degrees 58 minutes 19 seconds distant 60 feet 4½ inches, 179 degrees 1 minute 4 seconds distant 40 feet 8⅝ inches, 177 degrees 48 minutes 26 seconds distant 49 feet 1⅝ inches, 177 degrees 20 minutes 32 seconds distant 24 feet ⅛ inch, 175 degrees 34 minutes 32 seconds distant 48 feet 4¼ inches, 174 degrees 13 minutes 23 seconds distant 106 feet 4⅞ inches, and a line partly fenced bearing 158 degrees 55 minutes 11 seconds distant 34 feet 8⅛ inches to the north-western building line of City-road, formerly known as Newtown-road; thence on the south-east by the north-western building line of City-road, formerly known as Newtown-road, as occupied being the face of a dwarf wall with iron railing on centre being lines bearing 36 degrees 17 minutes 36 seconds distant 165 feet 1⅞ inches, the arc of a circle the length of which being 255 feet 11⅞ inches, the radius of which is 591 feet 9 inches, the chord of which bears 47 degrees 32 minutes 24 seconds distant 253 feet 11⅞ inches, 58 degrees 25 minutes 39 seconds distant 216 feet 6⅛ inches respectively to the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide aforesaid; thence on the east by the building line common to City-road, formerly known as Newtown-road, and proposed roadway 66 feet wide, being the arc of a circle the length of which is 28 feet 7½ inches, the radius of which is 20 feet, the chord of which bears 17 degrees 24 minutes 40.3 seconds distant 26 feet 3 inches to the western building line of proposed roadway 66 feet wide aforesaid; thence on the east by the western building line of proposed roadway 66 feet wide aforesaid, being the arc of a circle the length of which is 853 feet 4⅜ inches, the radius of which is 1,371 feet 6 inches, the chord of which bears 354 degrees 13 minutes 11.8 seconds distant 839 feet 7⅞ inches; thence again on the east by the western building line of proposed roadway 66 feet wide aforesaid being a line bearing 12 degrees 2 minutes 42 seconds distant 136 feet 6 inches, to the point of commencement of the said several dimensions, all a little more or less.
Schedule Three Description of new road between Newtown-road and Parramatta-road
Schedule Three Description of new road between Newtown-road and Parramatta-road
Schedule Three
(Section 4)
Description of new road between Newtown-road and Parramatta-road
All that piece or parcel of land situate in the City of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, and containing by admeasurement 2 acres 21½ perches or thereabouts being part of principal grant to University dated the 18th day of January, 1855, part of certificate of title, volume 2,230, folio 207, and part of Victoria Park vested in the Municipal Council of Sydney by the Victoria and Rushcutter’s Bay Parks Act 1910: Commencing at a point on the southern building line of Parramatta-road, such point bearing 262 degrees 27 minutes 44 seconds distant 28 feet 4⅛ inches from the intersection of the southern building line of Parramatta-road aforesaid with the prolo
This is an opening excerpt, not the complete document.