Land Acquisition for Industrial Purposes (Tomago) Act 1946 (NSW)

LAND ACQUISITION FOR INDUSTRIAL

PURPOSES (TOMAGO) ACT.

Act No. 50, 1946.

An Act to make provision for authorising the appropriation or resumption of certain land situated in the Parish of Stockton, County of Gloucester, for use by certain persons for industrial purposes; to specify the persons in whom the land may be vested; to provide that the vesting may be made subject to covenants, conditions, exceptions and reservations; and for purposes connected therewith. [Assented to, 24th December, 1946.]

by and with the advice and consent of the Legis-BE it enacted by the King's Most Excellent Majesty,

(a) that the land described in the Schedule to this Act is required for use by a person, body corporate or proposed body corporate, for or in

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the "Land Acquisition for Industrial Purposes (Tomago) Act, 1946."

2. (1) Where the Governor is satisfied upon applica- tion made to him through the Minister for the purpose—

in connection with the establishment and conduct of an industrial enterprise the objects of which include the manufacture of rayon yarn and staple fibre, and

(b) that it is necessary or desirable in the public interest or in the interest of industrial develop­ ment that such land should be acquired by appropriation or resumption under this section,

the Governor may, upon provision being made to his satisfaction for the payment of compensation for the land, together with interest and all necessary charges and expenses incidental to the appropriation or resumption, authorise the appropriation or resumption of the land.

(2) Thereupon the Governor may appropriate or resume the land under Division 1 of Par t V of the Public Works Act, 1912.

(3) Notwithstanding anything contained in the Public Works Act, 1912, or in any other Act, upon the publication in the Gazette of the notification referred to in section forty-two of the Public Works Act, 1912, the lands described or referred to in such notification shall forthwith be vested in His Majesty freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of way or other easement whatsoever and shall be deemed to be Crown lands within the meaning of the Crown Lands Consolidation Act, 1913,

reserved from sale or lease generally.

(4) A Crown grant of the land may be issued to the applicant or to the nominee of the applicant, and such grant may be issued subject to such trusts, conditions, covenants, provisions, exceptions and reser­ vations as the Governor may deem expedient.

(5) For the purposes of the Public Works Act, 1912, an appropriation or resumption under this section shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act, and the Minister for Public Works shall be deemed to be the constructing authority.

( 6 )

(6) In this section " l a n d " means land in fee simple whether vacant or built upon, or any easement, right or privilege in, over or affecting land.

S C H E D U L E .

A L L T H A T piece or parcel of land con ta in ing an area of 36 acres 9£ perches or thereabouts s i tua ted i n t he Shi re of P o r t S tephens P a r i s h of S tockton County of Gloucester and S t a t e of New Sou th Wales and being p a r t of t he land comprised in Certificate of T i t l e "Volume 4954 Fol io 231 being the here inaf ter s ta ted several d imensions a l l a l i t t le more or less commencing a t the Nor th-wes te rn corner of t h e land in t he Certificate of T i t l e aforesaid and bounded thence

towards the N o r t h by pa r t of the N o r t h e r n boundary of P o r t i o n 17

of t h e said P a r i s h bear ing Eas te r ly 540 l inks thence towards t he E a s t by a l ine bear ing Sou th 6800 l inks to t he left bank of t h e H u n t e r River thence towards the Sou th by pa r t of t h a t bank upwards 540 l inks to t he Eas te r ly boundary of the land comprised in Certifi­ ca te of T i t l e Vo lume 5176 Folio 184 thence towards t he Wes t by t h e Eas t e r l y boundary of P o r t i o n 20 of t he said P a r i s h being a l i ne bea r ing Nor the r ly 6800 l inks to t he point of commencement A L S O A L L T H A T piece or parcel of land con ta in ing an area of 24 acre3 3 roods 21 perches or thereabouts s i tua ted as aforesaid commencing a t a point on the N o r t h e r n boundary of the said Po r t i on 17 bear ing Eas te r ly 720 l inks from the Nor th-wes tern corner of the said P o r t i o n 17 and bounded thence towards the N o r t h by pa r t of t he said bounda ry of the said Po r t i on 17 bear ing Eas te r ly 360 l inks thence towards t he E a s t by a l ine bear ing South 6800 l inks to t he left b a n k of the H u n t e r River thence towards t he South by t h a t bank upwards 360 l inks thence towards the Wes t by a l ine bear ing N o r t h 6800 l inks to t h e point of commencement A L S O A L L T H A T piece or parcel of land con ta in ing an area of 60 acres 2 roods 25 perches o r thereabouts s i tua ted i n the P a r i s h and County aforesaid and

be ing p a r t of t he land comprised in t he said Certificate of T i t l e
V o l u m e	4954 Folio 231 commencing a t a point on the N o r t h e r n

bounda ry of P o r t i o n 17 aforesaid bear ing Wester ly 900 l inks f rom

t h e Nor th -eas t e rn corner of t he said P o r t i o n 17 and bounded t hence towards the E a s t by a l ine bear ing Sou th 7420 l inks to t h e left bank of the H u n t e r River and bounded thence towards the Sou th by p a r t of t h a t left bank upwards 800 l inks thence towards the Wes t by a l ine bear ing N o r t h 7368 l inks to t he N o r t h e r n boundary of

t h e said P o r t i o n 17 thence towards t he N o r t h by pa r t of t h a t

N o r t h e r n boundary of t he said Po r t i on 17 bear ing E a s t 800 l inks

t o t h e poin t of commencement E X C E P T I N G T H E R E O U T those

pa r t s of t he m a i n road from H e x h a m to Stockton which fall w i th in

t h e boundar ies of the lands hereinbefore described.

MORATORIUM