Frequently Asked Questions

Since the land was set aside for recreational purposes by the Declaration of Trust in 1954, there have been a number of sporting facilities on the site including Belmont Oval (used for rugby, soccer and a bowling club) and Parry Fields baseball stadium.

In 1994, enquiries over a Certificate of Title involved in the development and intended sale of a portion of land in the area of the Ascot Waters development, led to the discovery of the Registrar’s caveat that had been placed over the land to recognise the existence of the trust. The Declaration of Trust from 1954 was at that time rediscovered.

Significant delays occurred in settling various legal matters between Ascot Field Nominees, the developers of Ascot Waters, the City of Belmont and the Belmont Trust. These matters were eventually resolved by Supreme Court order in 2015. The City of Belmont fenced off the land with limited access to remaining areas set aside for passive recreation, which is how it remains today.

The complexities involved, which also include drainage and salination issues, mean there is currently no specific recreational development planned for the Belmont Trust land.

Similar to the Executor of a Will, Trustees are responsible for ensuring the conditions of a Declaration of Trust are carried out as specified.

The land is to be used as a place for the purpose of public recreation and enjoyment.

Under s.5 of the Charitable Trusts Act 1962 (WA), a recreational trust must be for the purpose of providing facilities for recreation or other leisure time occupation, provided in the interest of social welfare, with the object of improving the conditions of life for the public at large (in the case of a local government trust). Emphasis is on the public benefit.

The Belmont Trust is primarily responsible for funding the recreational development and maintenance of the land. However, this will need to be explored in more detail as part of the community engagement process.

As explained above, any recreational facilities provided must be for the public benefit, provided with the object of improving the conditions of life for the public at large of the City (Charitable Trusts Act s.5).

Due to the location and scale of the land, the land is considered to be a key capital asset of the City. It is anticipated that any future use of this land would be to the benefit of the wider community. For this reason, broad consultation pertaining to its future use is being undertaken.

There are many parties involved in shaping the future of Belmont Trust, including the City of Belmont community. The primary decision maker is the Belmont Trust, which is comprised of the Trustees. The ultimate decision-maker will be the Supreme Court.

As the Trust deed does not contain the power of sale or lease, the City of Belmont as Trustee cannot sell or lease any part of the Trust Land of its own volition. In order to acquire the power to sell or lease part of the Trust Land it will be necessary to apply to the Supreme Court for a trust scheme or variation of the existing trust scheme, including the power to sell or lease. There is an absolute caveat lodged against the titles representing the Trust Land and accordingly it is not currently possible to register any dealings on the land.