THE fate of the Mittagong Bowling Club is set to be decided on Wednesday night.
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Councillors will address the latest response from the NSW Government Police and Justice about the future of the old bowling club.
This is the fourth piece of advice council has received during the 11 years the building has stood vacant.
The building is situated in Alexandra Square and is the subject of a charitable trust restricting its use as a public recreation reserve.
Over the past 11 years councillors have been baffled about what activities can be allowed on the land that comply with the trust.
The latest piece of advice was received by council in June of this year and advised council could be in breach of its duties as trustee of the building by failing to take any action. It also re-affirmed the prohibition of full or continual use of the building.
However, Southern Highlands Arts and Recreation Kommittee (SHARK) member Dennis Newby said he had a solution, which had been available to council all along.
"The law provides, within the Trustee Act 1925 [(section 63(1]), trustees to apply to the NSW Supreme Court for 'opinion, advice or directions' for a judicial decision on questions with respect to the management of trust property and interpretation of a trust instrument," Mr Newby said.
Following a section 63 would allow council as trustee to seek the court's opinion and if it followed the advice given, it would not be in breach of the trust.
Mr Newby said several councillors over the years had raised concerns about following a section 63 but if it was followed, it would solve the "ongoing problem".
"The provisions of section 63 are designed for this current situation; whereby trustees require assistance in the management of trust property and the court will provide a judicial direction," he said.
"I am confident the judicial decision will show a path whereby the trust property can be used for indoor and outdoor recreation, both passive and active.
"The court's decision will provide certainty to the trustees (council) to move forward without the concern of ongoing litigation."
Council would need to engage the services of a member of the legal panel for an application to the NSW Supreme Court for a section 63 of the Trustee Act and council would have to pay the application fee of $1028.
The matter will be discussed in council tonight and two options will be presented.
One option advises council to demolish the old bowling club and the second option advises council to proceed with a section 63 of the Trustee Act.