Housing (Amendment) Act 1947 (NSW)

HOUSING (AMENDMENT) ACT.

Act No. 24, 1947.

An Act to amend the Housing Act, 1912, the Public Works Act, 1912, and the Housing Act, 1941, in certain respects; and for purposes connected therewith. [Assented

to, 4th December, 1947.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of:
the same, as follows :—
1 . Tins Act mav bo cited as the "Housing (Amend- ment) Act, 194-7.""
2 . (1) The Housing Act, 1912, as amended by subse- quent Acts, is amended—

"Bui ldings" means buildings, fences, walls,
provision for lighting, heating, refri-
geration, water supply, drainage and sewerage

(a) by omitting from section two the definition of "Bui ldings" and by inserting in lieu thereof the following definitions:—

sewerage and other appurtenances of a

building.

"Commission" means The Housing Com­

mission of New South Wales.

"Cha i rman" means Chairman of the Com­

mission.

"Dwelling-house" means any building

which has been used or is used or is
intended to be used as a dwelling.

(b) (i) by omitting from section four the words " the Minister may, under the Public Works Act, 1912, and any Act amending the same, purchase, and the Governor may under the said A c t s " and by inserting in lieu thereof the words " the Governor may under the Public Works Act, 1912, as amended by

subsequent Ac t s " ;

(ii)  by omitting from the same section the words "purchase, resumption," and by inserting in lieu thereof the word "resump­ t ion" ;

(iii)  by inserting at the end of the same section the following new subsection:—

(2) For the purposes of this Act the Commission may purchase or lease any land.

(c)	by inserting next after section 4B the following
new sections:—
4c. (1) The Governor may, by notification in the Gazette, rescind in whole or in part any notification of resumption made in pursuance of section four of this Act.
(2) Upon the publication of any notifica­ tion of rescission the land described in such notification shall revest in the person who was entitled thereto immediately before the resump­ tion for his estate, interest or right immediately

before

before such resumption, but subject to any interest in or equity binding upon such land created by the Constructing Authority since such resumption; and the land shall be subject to all trusts, obligations, estates, interests, con­ tracts, charges, rates, rights-of-way or other easements from which it was freed and dis­ charged by such resumption as if the land had not been resumed and shall also be subject to any interests in or equities binding on the com­ pensation moneys created since the resumption.

(3) The person in whom any land is revested under this section shall be entitled to be compensated by the Constructing Authority for any loss or damage actually suffered by him as a direct consequence of the resumption and its rescission other than compensation in respect of the value of the land.

(4) Any claim for compensation arising under this Act shall be heard and determined in like manner and subject to the like condi­ tions as a claim for compensation by reason of the acquisition of land under the Public Works Act, 1912, and the provisions of the Land and Valuation Court Act, 1921, as amended by sub­ sequent Acts, shall, mutatis mutandis, apply to and in respect of the hearing and determination of any such claim.

4D. (1) The Minister may recommend to the Governor that any area should bo constituted a housing area and any such recommendation	shall be accompanied by a plan indicating the
area proposed to be constituted a housing area. (2) Where the Minister has made a recommendation with respect to any area the Governor may by notification published in the Gazette and in a newspaper circulating in the police district wherein the area is situated declare such area to be a housing area and upon such publication in the Gazette such area shall
be constituted a housing area.

(3)

(3) The Governor may upon a like recom­ mendation and in the like manner revoke any such notification.

(4) During any period within which any notification is in force in respect of any housing area the owner of and any other person having an interest in the land within such housing area shall not, without the consent of the Commission—

(a)	construct, build, place, reconstruct, rebuild, replace or repair any building or work or portion of a building or work upon such land;
(b)	sell any such land or any portion thereof or any interest therein;
(c)	lease any such land for a term exceed­ ing one year.

(5) (a) Upon the acquisition for the purposes of this Act of any land within a housing area no compensation shall be payable in respect of any improvements effected in contravention of the provisions of subsection four of this section.

(b) Where any transaction is entered into in contravention of paragraphs (b) or (c) of subsection four of this section the transaction shall not thereby be invalidated, and the rights, powers and remedies of any person thereunder shall be the same as if this section had not been enacted.

(c) Any person who contravenes any

provision of paragraphs (b) or (c) of subsection four of this section shall upon summary convic­ tion be liable to a penalty not exceeding five hundred pounds.

(6) The Commission shall cause a plan of the housing area to be lodged with—

(a) The Registrar-General,

(b) The Valuer-General, and

(c) The council of the municipality within which the housing area is situated.

(d)

(d) (i) by omitting from paragraph (b) of section twenty-five the word " f o u r " and by insert­ ing in lieu thereof the word " s i x " ;

(ii)  by omitting from paragraph (c) of the same section the word " a n d " where firstly occurring and by inserting in lieu thereof

the word " o r " ;

(e)	by inserting in subsection two of section twenty- six after the word " thousand" the words "five hundred and for ty" ;
(f)	by omitting subsection two of section twenty- seven ;
(g)	by omitting from section twenty-eight the words "ninety-live per centum of the amount of the said value or of the purchase price, whichever of such amounts is the smaller" and by insert­ ing in lieu thereof the words " the said value or the purchase price whichever is the less" ;
(h)	by inserting next after section forty-six the following new section:—

47. For the purposes of this Act, but not otherwise, the Public Works Act, 1912, as amended by subsequent Acts, is amended—

(a)	by omitting from section eighty-one the words "Provided that no highway so dedicated shall exceed one chain in width";
(b)	by omitting sections ninety-one and
ninety-seven.

(2) The Housing Act, 1912, as amended by sub­ sequent Acts and by this Act, may be cited as the Housing Act, 1912-1947.

3. (1) The Housing Act, 1941, is amended by insert­ ing next after section nineteen the following new section:—

19A. The Commission shall have power and shall
be deemed always to have had power to construct

buildings for emergency housing accommodation

and

and upon such terms and conditions as it considers reasonable to sell or hire the same to any person legally possessed of land.

(2) The Housing- Act, 1941, as amended by this

Act, may be cited as the Housing Act, 1911-1917.