Library Purposes Trusts Regulations 2010

i Library Purposes Trusts Regulations 2010 S.R. No. 89/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definition 2 6 Application for authority to surrender library land to the Crown 2 7 Request to Minister for declaration 2 8 Application for authority to surrender, transfer or convey land formerly used for library purposes 2 9 Notice of application to be published 2 10 Time for lodging objections 2 __________________ SCHEDULES 3 SCHEDULE 1—Application under Section 42(2) for Authority to Surrender Library Land to the Crown 3 SCHEDULE 2—Request to the Minister under Section 43(4) for a Declaration under Section 43(6) 5 SCHEDULE 3—Application under Section 43(8) for Authority to Surrender, Transfer or Convey Land Formerly Used for Library Purposes 6 SCHEDULE 4—Notice under Section 43(10) of Application to Surrender, Transfer or Convey Land Formerly Used for Library Purposes 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2010 S.R. No. 89/2010 Libraries Act 1988 Library Purposes Trusts Regulations 2010 The Governor in Council makes the following Regulations: Dated: 7 September 2010 Responsible Minister: RICHARD WYNNE Minister for Local Government MATTHEW McBEATH Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to prescribe— (a) forms for; and (b) the time for lodging objections to— the surrender, transfer or conveyance of library land and land formerly used for library purposes. 2 Authorising provision These Regulations are made under section 53 of the Libraries Act 1988. 3 Commencement These Regulations come into operation on 11 December 2010. 4 Revocation The Library Purposes Trusts Regulations 2000 1 are revoked. -- 2 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 2 5 Definition In these Regulations— the Act means the Libraries Act 1988. 6 Application for authority to surrender library land to the Crown An application under section 42(2) of the Act must be in the form set out in Schedule 1. 7 Request to Minister for declaration A request under section 43(4) of the Act must be in the form set out in Schedule 2. 8 Application for authority to surrender, transfer or convey land formerly used for library purposes An application under section 43(8) of the Act must be in the form set out in Schedule 3. 9 Notice of application to be published A notice under section 43(10) of the Act must be in the form set out in Schedule 4. 10 Time for lodging objections For the purposes of section 43(11)(b) of the Act, the prescribed period is 30 days from the date of publication of the notice. __________________ r. 5 -- 3 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 3 SCHEDULES SCHEDULE 1 Regulation 6 Libraries Act 1988 Library Purposes Trusts Regulations 2010 APPLICATION UNDER SECTION 42(2) FOR AUTHORITY TO SURRENDER LIBRARY LAND TO THE CROWN To the Minister *I/We [full name of applicant] of [address] being the trustee/s of the library land described below and the council of the municipal district of [name of district] apply for authority to surrender the land to the Crown. Description of land: [describe land] The land— (a) is library land and is no longer required for library purposes; and (b) is not subject to any mortgage or charge; and (c) *is not subject to any lease, tenancy or licence *is subject to a lease, tenancy or licence [include particulars]. Dated Signed in the presence of The seal of the council of the municipal district was affixed by in the presence of *Consent of lessee I [full name of lessee] of [address] being the lessee of the land described above consent to this application to surrender the land to the Crown. Sch. 1 -- 4 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 4 Dated Signed in the presence of *Delete if inapplicable. _______________ Sch. 1 -- 5 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 5 SCHEDULE 2 Regulation 7 Libraries Act 1988 Library Purposes Trusts Regulations 2010 REQUEST TO THE MINISTER UNDER SECTION 43(4) FOR A DECLARATION UNDER SECTION 43(6) To the Minister *I/We [full name of person making request] of [address] being an eligible person as defined in paragraph *(a) *(b) *(c) of section 43(2) of the Act [include evidence] request the Minister to make a declaration under section 43(6) of the Act. The land described below has been used for library purposes and in *my/our opinion is no longer required for those purposes [include evidence]. Description of land: [describe land] Dated Signed in the presence of I [full name] being the chief executive officer of the council of the municipal district of [name of district] certify that, after having made reasonable enquiries, I am satisfied the land has been used for library purposes and is no longer required for those purposes. Dated Signed in the presence of *Delete if inapplicable. _______________ Sch. 2 -- 6 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 6 SCHEDULE 3 Regulation 8 Libraries Act 1988 Library Purposes Trusts Regulations 2010 APPLICATION UNDER SECTION 43(8) FOR AUTHORITY TO SURRENDER, TRANSFER OR CONVEY LAND FORMERLY USED FOR LIBRARY PURPOSES To the Minister *I/We [full name of applicant] of [address] being an eligible person as defined in paragraph *(a) *(b) *(c) of section 43(2) of the Act [include evidence] apply for authority— *to surrender to the Crown the land described below *to transfer or convey the land described below to the council of the municipal district of [name of district]. Description of land: [describe land] The land *is/is not subject to any mortgage or charge. The land *is/is not subject to any lease, tenancy, licence, estate, interest or equity of redemption. The land is not library land within the meaning of the Libraries Act 1988. Dated Signed in the presence of Consent of council (if council not applicant) The council of the municipal district of [name of district] consents to this application. The seal of the council of the municipal district was affixed by in the presence of Consent of lessee, mortgagee or other person having an estate, interest or equity of redemption in the land Sch. 3 -- 7 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 7 I [full name] of [address] being [describe nature of interest in the land e.g. lessee, mortgagee] of the land described above consent to this application. Signed in the presence of *Delete if inapplicable. __________________ Sch. 3 -- 8 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 8 SCHEDULE 4 Regulation 9 Libraries Act 1988 Library Purposes Trusts Regulations 2010 NOTICE UNDER SECTION 43(10) OF APPLICATION TO SURRENDER, TRANSFER OR CONVEY LAND FORMERLY USED FOR LIBRARY PURPOSES TAKE NOTICE that an application has been made by [full name of applicant] of [address] to the Minister administering the Libraries Act 1988 for authority under section 43(8) of the Act— *to surrender to the Crown the land described below *to transfer or convey the land described below to the council of the municipal district of [name of district]. Any person wishing to object to the granting of the application may lodge with the Minister at [address of principal office of the Minister] a written objection within 30 days from the date of publication of this notice. Description of land: [describe land] *Delete if inapplicable. ═══════════════ Sch. 4 -- 9 of 10 -- S.R. No. 89/2010 Library Purposes Trusts Regulations 2010 9 ENDNOTES 1 Reg. 4: S.R. No. 129/2000. Endnotes -- 10 of 10 --