Charitable Trusts Act 1962 – Bruce Trust

Take notice that the City of Nedlands, the Trustee of the Bruce Trust, has applied to the Attorney General pursuant to sections 8 and 10A of the Charitable Trusts Act 1962 to approve a scheme with respect to the Bruce Trust.

The Bruce Trust was established by a Declaration of Trust dated 4 June 1909 between Edward Bruce and the Claremont Road Board ("the Trust Deed") and applies to land known as "the Nedlands Park Estate" ("the Bruce Trust Land").

The Bruce Trust Land forms part of the Charles Court Reserve and, under the terms of Trust Deed, is held as "a Reserve and Recreation Ground".

Clause 4 of the Trust Deed prohibits the building or erection of any erections or structures upon the Bruce Trust Land which: are of a height exceeding thirty feet; interfere with the rights of access granted to the owners and occupiers of the subdivisional lots abutting the trust land; or are closer than 25 feet to the boundary line of any of the subdivisional lots abutting the Bruce Trust Land.

The scheme relating to the Bruce Trust is set out below:

  The Indenture, dated 4 June 1909, in respect of the Bruce Trust Land, is varied by adding, immediately before clause 7, a new clause 6 as follows: -

    (6) Notwithstanding anything in this Indenture, the Road Board may do whatever is necessary or appropriate to enable —

      (a) part of the said Lot 792 (but not exceeding sixty feet in width) to be used as a road, aligned as nearly as practicable to the existing road known as The Esplanade;

      (b) the erection upon the said Lot 792 of light towers, each not exceeding a height of 99 feet, for the purpose of illuminating the playing fields on the said Lot 792 and the adjoining Reserve Lot 5168; and

      (c) the application of the City of Nedlands Parking and Parking Facilities Local Law 2013 (as amended or replaced from time to time) to the road known as The Esplanade, including any part of the road that is on the said Lot 792.

The Attorney General requires the City of Nedlands to give public notice of the scheme.

Any person who opposes the scheme should make submissions to the Attorney General within 4 weeks of the publication of this notice. Any submissions should be forwarded to the Attorney General care of Ms Carol Conley, State Solicitor's Office by email to sso@sso.wa.gov.au or by letter to GPO Box B83, Perth WA 6838.

Greg Trevaskis

Chief Executive Officer