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This is a Bill, not an Act. For current law, see the Acts databases.
Save the Graythwaite Estate Bill 2009
No , 2009
A Bill for
An Act to preserve the Graythwaite Estate in public ownership, and for other
purposes.
Clause 1 Save the Graythwaite Estate Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Save the Graythwaite Estate Act 2009. 3
2 Commencement 4
This Act is taken to have commenced on 10 September 2009 (being the 5
date that notice for the introduction of the Bill for this Act was given in 6
the Legislative Council). 7
3 Definitions 8
In this Act: 9
development has the same meaning as in the Environmental Planning 10
and Assessment Act 1979 (and includes a project under Part 3A of that 11
Act). 12
environmental planning instrument has the same meaning as in the 13
Environmental Planning and Assessment Act 1979. 14
Graythwaite Estate means the land at North Sydney comprised in Lot 2, 15
DP 539853 and includes all buildings and other fixtures situated on that 16
land. 17
4 Objects 18
The objects of this Act are: 19
(a) to ensure that the whole of the Graythwaite Estate remains in 20
public ownership and subject to public control, and 21
(b) to ensure the preservation of the areas of open space at the 22
Graythwaite Estate in existence immediately before the 23
commencement of this Act, and 24
(c) to allow public access to the areas of open space at the 25
Graythwaite Estate, including for public recreational purposes of 26
both an active and passive nature, and 27
(d) to preserve the heritage significance of the Graythwaite Estate, 28
including its historic buildings, gardens and other landscape 29
features, and 30
(e) to impose appropriate controls on the future development of the 31
Graythwaite Estate. 32
Page 2
Save the Graythwaite Estate Bill 2009 Clause 5
5 Continued public ownership of Graythwaite Estate 1
(1) The Graythwaite Estate cannot be lawfully sold, transferred, leased, 2
mortgaged, charged or otherwise alienated or encumbered, except as 3
provided for in this Act. 4
(2) The Governor may, by order published in the Gazette, transfer the 5
Graythwaite Estate to a statutory body representing the Crown (whether 6
in right of New South Wales or the Commonwealth), but only if the 7
statutory body is subject to the direction and control of a Minister. 8
(3) This section applies to each part of the Graythwaite Estate in the same 9
way as it applies to the whole of the Graythwaite Estate. 10
6 Restrictions on grant of leases and licences 11
(1) A lease of, or a licence allowing the use of, the Graythwaite Estate 12
granted to any person that is not a public or local authority must include 13
terms that require the grounds of the Graythwaite Estate to always 14
remain open to the public. 15
(2) Subsection (1) applies to each part of the Graythwaite Estate in the same 16
way as it applies to the whole of the Graythwaite Estate. 17
7 Development at Graythwaite Estate restricted 18
(1) Subject to this section, the provisions of environmental planning 19
instruments that apply to the Graythwaite Estate are the provisions of 20
those instruments that so applied immediately before the 21
commencement of this Act. 22
(2) Development carried out at the Graythwaite Estate is not, and cannot be 23
declared to be, a project under Part 3A of the Environmental Planning 24
and Assessment Act 1979. 25
(3) Despite any other Act or environmental planning instrument, the 26
consent authority for any development application relating to land 27
within the Graythwaite Estate is North Sydney Council. 28
(4) Development may, with development consent, be carried out at the 29
Graythwaite Estate for the following purposes: 30
(a) health facilities, 31
(b) educational facilities, 32
(c) community facilities. 33
Page 3
Clause 8 Save the Graythwaite Estate Bill 2009
(5) In this section: 1
community facility means a facility (not being an educational facility or 2
health facility) providing services to the community on a not-for-profit 3
basis. 4
educational facility means a university or other facility providing 5
educational services on a not-for-profit basis, but does not include a 6
primary school or secondary school. 7
health facility means a building or place used for the medical or surgical 8
treatment of persons, whether public or private. 9
8 Community consultation committee 10
The regulations may establish and provide for the functions and 11
procedures of a community consultation committee for the Graythwaite 12
Estate. 13
9 Regulations 14
The Governor may make regulations, not inconsistent with this Act, for 15
or with respect to any matter that by this Act is required or permitted to 16
be prescribed or that is necessary or convenient to be prescribed for 17
carrying out or giving effect to this Act. 18
10 Savings 19
This Act does not affect any easement, lease or licence that was in force 20
immediately before the commencement of this Act or affect the granting 21
of a further lease under an option provided for in such a lease. 22
11 Act binds the Crown 23
This Act binds the Crown in right of New South Wales and, in so far as 24
the legislative power of the Parliament of New South Wales permits, the 25
Crown in all its other capacities. 26
12 Act has effect despite certain Supreme Court decisions 27
This Act has effect despite the decisions of the Supreme Court in 28
Northern Sydney and Central Coast Area Health Service & anor v The 29
Attorney-General for New South Wales & anor [2007] NSWSC 881 and 30
Northern Sydney and Central Coast Area Health & anor v 31
Attorney-General for New South Wales & 7 ors [2008] NSWSC 1223. 32
Page 4
Save the Graythwaite Estate Bill 2009 Clause 13
13 Retrospective invalidation of transfer etc 1
Any sale, transfer, lease, mortgage, charge or other alienation or 2
encumbrance of the Graythwaite Estate: 3
(a) that occurred on or after 10 September 2009 (being the date that 4
this Act is taken to have commenced), but before the date of 5
assent to this Act, and 6
(b) that is contrary to this Act, 7
is null and void. 8
Page 5
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