Imperial Repeal of Colonial Waste Lands Acts No 29ab (NSW)

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C A P . L V I .
A n A c t to repeal t h e Acts of Pa r l i amen t now in force respect­
ing t h e Disposal of t h e W a s t e Lands of t h e Crown in H e r
Majesty 's Aus t ra l ian Colonies and to m a k e o the r provision
in l ieu thereof, [16th July, 1855.]
WH E R E A S a n d o ther disposal of t h e W a s t e L a n d s be longing to t h e Crown
i t is expedient t h a t t h e Acts for r egu la t ing t h e Sale
i n t h e A u s t r a l i a n Colonies should he repealed and t h a t o ther provision
should he m a d e wi th respect to t h e subject m a t t e r of t h e said Acts
" Wales and to grant a Civil List to Her Majesty ' " and " An Act to " enable
B e i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majesty by and
w i t h t h e advice and consent of t h e Lords Sp i r i tua l and Tempora l and
Commons in th i s present P a r l i a m e n t assembled a n d by the au thor i ty
of t he same as follows :—
1. The A c t of t h e s ixth year of H e r Majesty chap te r th i r ty-s ix
in t i t u l ed " An Act for regulating the Sale of Waste Lands belonging
to the Grown in the Australian Colonies " a n d t h e Ac t of t h e t e n t h
yea r of H e r Majesty chap te r one h u n d r e d a n d four in t i tu led " An
" Act to amend an Act for regulating the Sale of Waste Lands
" belonging to the Crown in the Australian Colonies and to make
"further provision for the management thereof" a re hereby repealed.
2. The repea l of t he said A c t s and t h e o ther provisions of th i s

A c t shal l t a k e effect in t he Colonies of N e w South Wales a n d Victor ia a t t h e da te of t h e Proc lamat ion in those Colonies respectively of cer ta in A c t s passed in th is Session of P a r l i a m e n t in t i tu led " An Act " to enable Her Majesty to assent to a Bill as amended of the Legisla- " ture of New South Wales ' to confer a Constitution on New South

" enable Her Majesty to assent to a Bill as amended of the Legisla- " hire of Victoria to establish a Constitution in and for the Colony of " Victoria " a n d in V a n Diemen ' s L a n d from t h e date of t h e Procla­ ma t ion of th i s Ac t b y the Governor which Proc lamat ion shall t a k e place w i th in one m o n t h after a copy thereof shal l be received by such Governor a n d in Sou th Aus t ra l i a from t h e date of t h e P roc lama t ion

in t h a t Colony of t h e Assen t of H e r Majesty to any Bill which m a y
be passed by the Leg is la tu re of t h e said Colony u n d e r t h e provis ions
of a n Ac t passed in t he four teen th year of H e r Majesty a n d in t i tu led
" An Act for the better Government of Her Majesty's Australian
Colonies " es tabl i sh ing a Legis la t ive Counci l and Assembly w i th in t he

said Colony in l ieu of t h e present Legis la t ive Council.

3 . The powers vested by t h e said A c t s hereby repealed in H e r

Majes ty t h e Commiss ioners of H e r Majes ty ' s Treasury and t h e Colo­
nia l L a n d and E m i g r a t i o n Commissioners respectively shall con t inue

so far as r egards t h e appropr ia t ion a n d appl icat ion of moneys which m a y be received from the said Colonies respectively unde r and by v i r tue

of t h e provisions of t h e said Ac t s or e i ther of t h e m .

4. I t shal l be lawful for t h e Legis la tu re of any Colony in which t h e repeal of t h e said A c t of t he t e n t h year of H e r Majesty shall have t aken effect t o repeal a l ter or a m e n d any Order in Counci l made u n d e r au thor i ty of t h e said A c t and affecting such Colony b u t subject never­ theless so far as respects t he Colonies of N e w South Wales and Victor ia respectively to t he provisions in t he said Ac t s of th i s Session for t he preserva t ion a n d enabl ing t h e fulfilment of cont rac ts promises and engagemen t s m a d e by or on behalf of Her Majesty wi th respect to lands s i tua te in such respect ive Colonies and u n t i l so repealed and sub­ jec t to any such a l te ra t ion or a m e n d m e n t every such Order in Council shall have t h e same force and effect as if th i s Ac t h a d not been passed.

5. I t shal l be lawful for t he Legis la ture of V a n Diemen ' s L a n d

a n d for t h e Leg is la tu re of South Aus t r a l i a after such change in t he Cons t i tu t ion thereof as aforesaid by any A c t or Ac t s to be passed from t i m e to t i m e in t h e same m a n n e r a n d u n d e r t h e same condi t ions as are or m a y be by law requ i red in respect of o ther Ac t s of t he said Legis­ l a t u r e respectively to regu la te t he sale and other disposal of t h e W a s t e Lands of t h e Crown in t h e said two las t -ment ioned Colonies respec­ t ively a n d t h e disposal of t h e proceeds ar is ing theref rom for t he publ ic service of t h e said Colonies a n y provisions of a n A c t of Par l ia­ m e n t of the s ix th year of H e r said Majesty in t i tu led "An Act for the

Government of New South Wales and Van Diemen's Land" or of an
A c t of t h e four teenth year of H e r said Majesty in t i tu led " An Act for
the better Government of Her Majesty's Australian Colonies" or of any

o ther A c t of P a r l i a m e n t to t he con t r a ry no twi ths t and ing Provided always t h a t i t shall be lawful for H e r Majes ty a t any t ime by Order in Counci l to separate Norfolk I s l a n d from t h e Colony of V a n Diemen ' s

L a n d a n d to m a k e such provision for t h e Gove rnmen t of Norfolk

I s l a n d as m a y seem expedient P rov ided also t h a t n o t h i n g here in conta ined nor any Ac t to be passed as aforesaid by ei ther of t he said Legis la tures shal l affect or be cons t rued to affect any cont rac t or ex tend to p reven t t h e fulfilment of any promise or engagemen t m a d e by or on behalf of H e r Majesty wi th respect to any lands s i tua te in ei ther of t he said Colonies of V a n Diemen ' s L a n d a n d South Aus t ra l i a where such contract promise or engagement shall have been lawfully made be­ fore t h e t ime w h e n th i s A c t shall t a k e effect in such respect ive Colony.

6. Al l r egu la t ions respec t ing t h e sale or other disposal of t h e
W a s t e L a n d s of t h e Crown m a d e u n d e r t h e au thor i ty of the said
rec i ted Acts or e i ther of t h e m which shal l be legally in force in N e w

Sou th W a l e s Vic tor ia V a n Diemen ' s L a n d or South Aus t ra l i a a t t h e da te w h e n t h e presen t Act shal l t ake effect in t h e said Colonies respec­

t ively

l ively shal l r ema in in force in each of t h e said Colonies respectively
unt i l t h e Leg i s l a tu re of such Colony shal l o therwise provide.
7. I t shall be lawful for H e r Majesty by Ins t ruc t ions u n d e r H e r
Signet and Sign M a n u a l or t h r o u g h one of H e r Pr inc ipa l Secretaries
of Sta te to r egu la te t h e sale h i t t ing disposal and occupat ion of W a s t e
L a n d s of t he Crown in W e s t e r n Aus t r a l i a a n d the disposal of t he pro­
ceeds ar i s ing there f rom u n t i l P a r l i a m e n t shal l o therwise provide.

8. N o appropr ia t ion which has been or shall be m a d e of t h e proceeds of t h e sale or disposal of t h e W a s t e L a n d s of t h e Crown in e i ther of t h e said Colonies shal l be deemed inval id by reason of i ts n o t h a v i n g been m a d e in accordance wi th t he provisions of t h e said A c t s

of P a r l i a m e n t he reby repealed.
9. I n t h e cons t ruc t ion of th i s A c t t h e t e r m " Governor " shall
m e a n the person for t h e t ime being lawfully admin i s t e r ing t he Govern­
m e n t of any Colony.
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