Darwin Lands Acquisition Act 1945 (Cth)

DARWIN LANDS ACQUISITION.

 

No. 24 of 1945.

An Act to authorize the acquisition by the Commonwealth, for certain purposes, of land in the Northern Territory of Australia comprised in the Town of Darwin and its environs, and for other purposes.

[Assented to 16th August, 1945.]

[Date of commencement, 13th September, 1945.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.This Act may be cited as the Darwin Lands Acquisition Act 1945.

Definitions.

2.In this Act—

“the Act” means the Lands Acquisition Act 1906–1936, as applied by the Lands Acquisition Ordinance 1911–1926 of the Territory, subject to any modifications of that Act in its

 

application to the Territory made by that Ordinance or by any other Ordinance of the Territory, whether made before or after the commencement of this Act;

“the Territory” means the Northern Territory of Australia.

Certain land may be acquired

3.Subject to this Act, the land in the Territory described in the Schedule to this Act, being land comprised in the Town of Darwin and its environs, may be acquired, whether by agreement or by compulsory process, in accordance with the provisions of the Act, for either or both of the following purposes, which shall be deemed to be public purposes of the Territory, namely:—

(a) The re-planning and development of the Town of Darwin and its environs; and

(b) The institution of a system of leasehold tenure from the Crown in respect of any such land.

Date as at which land to be valued.

4.The value of any land acquired in pursuance of this Act by compulsory process shall, notwithstanding the provisions of section twenty-nine of the Act, be assessed according to the value of the land on the date of acquisition, without reference to any increase in value arising from the proposal to carry out any purpose specified in section three of this Act.

Appropriation.

5.There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, such sums as are necessary for the purpose of paying the consideration agreed to be paid. or the compensation payable, in respect of the acquisition of land in pursuance of this Act.

Acquired land to be Crown land of the Territory.

6.Land acquired in pursuance of this Act shall become Crown land of the Territory.

 

THE SCHEDULE.

 

Section 3.

All that land containing an area of ninety square miles be the same more or less being part of the Hundreds of Sanderson and Bagot County of Palmerston Northern Territory of Australia commencing on Low Water Mark of the Timor Sea at Shoal Bay at its intersection with the prolongation northerly of the western side of the road west of Section 21 Hundred of Sanderson and bounded thence by that prolongation and part of that side of that road southerly to the northeastern corner of Section 119 Hundred of Bagot thence by part of the southern side of a road easterly to the Northwestern corner of Section 121 Hundred of Bagot thence by the western boundaries of Sections 121, 116, 111, 106, 101 and their prolongation southerly to the northwestern corner of Section 94 Hundred of Bagot thence by the western boundaries of Sections 94, 89, 61, 66 and 72 Hundred of Bagot southerly to the southwestern corner of that Section 72 thence by part of the northern side of a road and its prolongation westerly to the eastern boundary of Section 397 Hundred of Bagot thence by part of the western side of a road and its prolongation southerly to its intersection with the centre of Hudson Creek thence by the centre of that Creek downwards to Low Water Mark of Port Darwin at East Arm thence by Low Water Mark of Port Darwin and of the Timor Sea generally westerly northerly northeasterly and southeasterly to the point of commencement and including all land held for any estate or interest whatsoever and all land used for any purpose whatsoever pursuant to or under any licence authority or permission and all land so held or used below and contiguous to the said Low Water Marks and all tanks water pumping apparatus or appliances wharves jetties breakwaters and other erections structures fences and fixtures in or upon the said lands.