Rushcutters Bay Act of 1878 No 14a (NSW)

1878. 41" VIC. No. 22. 29

Rushcutters R(oj.

No. XXII.

All Act to authorize the reelaiiniiii** and

iniproviiii;* of Laud in Ruslicutters BaA.

[20th May, 1878.] '

\ \ T IIEIIEAS it is expedient to rcclaini and ix-sninc certain areas of I’ramniiip.

V t land in Rushentters Bay for the purpose of dedicating- tli(‘

same as a park or place of public recreation Be it enacted by tlie Queen’s Alost Excellent Alajesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New Soutli AVales in Parliament assembled and by the authority of the same as follows:—

1. It shall be lawful for the Governor witli the advice of the Kocî nnnti.m of laud

Executive Council to cause to be reclaimed from the Avaters of P o r t -'• cutters Bay wbicb is described in the Schedule A hereto.

2. The portions of land described in Schedule B hereto are Kosumption of Uud

hereby declared to b(> resumed by and to be vested in Her Alajesty jr' '’''’"*

her heirs and successors for an estat(‘ of inheritance in fee simple in possession freed and discharged from all estates interests trusts incum­ brances easements and rights Avbatsoever And the title of the CroAvn to the said lands shall be deemed to be pcrfectc'd immediately upon this Act coming into force.

3. The OAAmer of any land Avbicb shall be severed from immediate Comppnsation for

contact with the Avatcr in consequence of such reclamation shall be .'IpilfiaUm

entitled to compensation for the damage if any sustained by him in

('onsequence of such severance and such damage shall in every cast?

be determined by apjn-aisement in the manner hereinafter provided And if! such ajApraiseme-nt regard shall be bad to tlie Axalue of any reclamation or improvements made'by tlie OAA uers of such land provided tlie same shall not have been alit-nated under section nine or section IavcNo of the “ CroAA u Lands Alienation Act of 18G1 ” Andprovidt'd also that in assessing such compensation the appraisers shall take into consideration in reduction of such compensation if any so to be assessed the enhancement in value of any land belonging to such OAAner as aforesaid by reason of the reclamation under tin? authority of this Act.

4. EA'cry person Avbo but for this Act Avould have been able to CouiiionsMtion for

establish bis title as oAvner of any ])ortion of the riisumcd lands df'seribed ’ '‘‘'""i''"'"-

in Schedule B hereto shall be ('iitilled to compe-nsation for such portion

so resumed And the amount of compensation shall be determined in

every case by appraisenuMit as hereinafter provided And such apjiraise-

ment shall be made and the amounts of compensation shall be ascer­

tained as nearly as ])ossiblc at the same time and on tin- same principb-s

as appraisements undf-r the third section hereof.

5. The Avdiolc of the area to be reclaimed and the several The wiu.i.'of tho

portions resumed nndc?r the authority of this Act shall be and tin? „ i„.

same are hereby declared to be set apart and dedicated in perpetuity so u|>:ni for pmposi's

as a park or place of public? recreation but so that the portion secondly

described in Schedule B shall be set apart as a road of access to such park or place And this enactment shall be construed to extend all the provisions (so far as they can be applied) of the “ Public Parks Act of 1854 ” to the areas so reclaimed and resumed rcspectivelv.

‘ 0.

30 No. 22. 41 VIC. 1878.

Hiishcritters Bay.

Ai')praiscment. 0. Every appraisement under this Act shall he conducted as

follows;—

Appointment of

(1.) The Minister for Lands or some person authorized in that hchalf hy him and the OAvner of the land may concur in the appointment of a single appraiser or in default of such concurrence each such party shall appoint an appraiser And CÂ ery such appointment shall he made hy the respectAe parties under their hands in Avriting and delivered to the appraiser or to the appraisers as the case may he and such Avritten appointment shall he attached to the appraisement

appraisers.

■

Avhen made and shall he deemed a submission to appraisement

by the parties making the same.

Appointment of

umpire.	(2.) Where tAvo appraisers shall have been appointed they shall before entering upon the appraisement ajApoint an umpire hy AATiting under their hands.
]')eclaration.	(3.) Before any ap]Araiser or umjAire shall enter upon the consider­ ation of any matter referred to him under this Act he shall subscribe a declaration in the form following before a Justice of the Peace :—

“ I A.B. do solemnly and sincerely declare that I am not directly or indirectly interested in the matter referred to me and that I Avill faithfully honestly and to the best of my skill and ability hear and determine the matters referred to me under the ‘ Busheutters Bay Act of 1878.’ ”

And such declaration shall he annexed to the ajApraisement

Avhen made.

(4.) And Avith respect to all matters not otherwise provided for or regulated hy this Act such appraisement shall he conducted in accordance Avith the proAusions of the Act of Council thirty- one Victoria number fifteen as if such appraisement Avere an arhitration under the proAusions of the said last-mentioned Act.

Costs.

7. All costs of and consequent upon every reference to appraise­

ment under this Act shall he in the discretion of the appraiser or

appA’aisers or umpire by Avhom the matter is determmed.

Requisites of 8. Ea 'ciw appraisement under this Act shall he inAvritingand shall

appraisement.	he transmitted to the Vlmister for Lands and be deposited in his office.
Pi'ovisions as to	9. No person save in the consideration of payment for resump­ tion of any portion included in Schedule B lu'reto shall he entitled to make any claim for compensation in respect of the severance of land from contact with the Avater if such land is situate Avithin the area described in such Schedule hut an owner part of Avhose land is situate in such Schedule and part in Schedule A may claim in respect of each such part in accordance Avith the provisions of this Act.
claims in certain
Apportionment of
compensation in	10. If at the time when any claim for compensation under this Act has been finally ascertained it shall appear that the land in respect of which such claim has been so ascertained is under lease to any person for any term the payment of compensation shall he in accordance with such agreement as the OAAmer and lessee may lia e entered into for the purpose of fixing their respectwe proportions of the amount to he aAA'arded hut in the CA’cnt of no such agreement having been made or of either party refusing to conie to any agreement then the amount awarded shall he paid in such projAortions as may be recommended hy the Crown Solicitor or by the majority of any three persons to AAdiom the Minister for Lands for the time being may refer the matter And such payment shall exonerate the Government from any liability in respect of such compensation.
certain cases.

Short title. 11. This Act maybe cited as the “ Busheutters Bay Act of 1878.”

SCHEDULES.

1878. 41» VIOy. No. 23.

Export of Warlike Stores.

SCHEDULES.

SCHEDUJVE A.

(Ŝ B̂ omation.)

That part of liushcuttcrs Bay Commencing at a point on the west side of the hay

being tlie junctioi\ of the sontli-east corner of J. E. Holle’s leasehold with high-w'ater- mark and bounded thence on tlie north and nortli-wrest by the line of jiroposed retaining wall to a point sixteen feet from the north-cast end of boat-jetty on tlie south-east side of the bay thence still by the line of proposed w all bearing easterly one hundred and sixty-live feet to the original liigh-water-uiark and thence on the cast south and west by the original high-water-mark to the point of commencement.

SCHEDULE B.

{Resumplion.')

(1.) Portions of 'W. Thomas’s now Sarah Booth’s forty-acre and Thomas West’s now- Obed W est’s seventy-one-acre grants being the land betw-een the portion of Sarah Booth’s forty acres now occenpied by Mr. Thomas Thompson tenant of the “ Old IVliito Conduit House ” on the east and that portion of Thomas W est’s now- Obed AVU'st’s seventy-one acres occupied by Mr. Dyer and Mr. Macdonald on the west and bounded on the north by the old high-w-atcr-mark and on the south by the New South Head Load.

(_2.) Also for a road of access one chain w-ide a part of Thomas W est’s now Obed AVA'.st’s seventy-one-acre grant south-east of and adjoining portion of said grant in occupation of Mr. Lockyer and Sir. Hawley and leading from the New- South Head lioad to the original high-w-ater-mark.