Seat of Government Surrender (Amendment) Act 1923 (NSW)

284                  Seat of Government Surrender (Amendment) Act.

SEAT OF GOVERNMENT SUR­ RENDER (AMENDMENT) ACT.

Act No. 31, 1923.

George V, An	Act to amend the Seat of Government Sur­
No. 31.	render Act, 1909, and for that purpose to ratify and confirm an agreement between the Commonwealth of Australia and the State of New South Wales ; and for other purposes. [Assented to, 18th December, 1923.]

I > E it enacted by the King's Most Excellent Majesty, J D by and with tlie advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title, 1. This Act may he cited as the “ Seat of Govern­

ment Surrender (Amendment) Act, 1923,” and shall he construed Avith the Seat of Government Surrender

Act to bind Act, 1909.

Crown.	2. This Act shall hind the Crown.
Commence­	3. Tills Act shall come into force on a date to he

ment of Act.	fixed by proclamation of the GoA'crnor.
Ratification

of agreement. 4. The agreement made between the CommonAvealth

of Australia and the State of N caâ South Wales and set out in the Schedule to this Act is hereby ratified and confirmed.

Amendment

of Seat of	5. The Scat of Government Surrender Act, 1909, is
Government

Surrender amended as follov's ;—^

, (a) 3he descriptions in clause fi\'e of the Pirst Schedule to that Act are deleted, and the descriptions in the Selicdulc to the agreement ratified by this Act are substituted therefor.

Act, 1909.

(h) The Third Schedule to the said Act is repealed, and the Schedule to the agreement ratified by this Act is suhstitut(-d therefor.

SCHEDULE.

Seat of Government Surrender (Amendment) Act. 285

George V,

SCHEDULE. No. 31.

A g r e e5IENT made the Keeoiid day of September, one thousand nine liundred and twent\', between the Commonwealth of Australia (hereinafter called the “ Commonwealth”) of the one part and the State of New South Wales (hereinafter called the “ S tate”) of the other part ;

W hereas by an agreement dated the eighteenth day of October, one

thousand nine hundred a.nd nine, made between the parties hereto it was agreed (inter alia) that certain lands described in clause o thereof should be granted by' the State to the Commonwealth so far as the same were not already vested in the Commonwealth without paymieut therefor, and it was agreed that the said agreement now in recital should not in any way be binding unless and until it was approved by the Parliaments of the Commonwealth and of the State. And whereas the Act of the Commonwealth No. 23 of 1909 intituled the Seat of Government Acceptance Act, 1909, and the Act of the State No. 14 of 1909 intituled the Seat of Government Surrender Act, 1909, respec­ tively ratified and coiifii'ined the said agreement. And whereas by proclamation under the liand of His Excellency' the Right Honorable Frederic John Napier Baron Chelmsford, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Governor of the State and its Dependencies in the Commonwealth of Austi'alia, and published in the Government (lazette of the State of the fiftiMUith day of Dfcemljer, one thousand nine liundred and nine, it was proclaimed that the said seat of Government Surrender Act, 1909, should come into force on and from 'Wednesday' the fifteenth day of December, one thousand nine hundred and nine. And whereas by I'roclamation under the hand of His Excellency the Right Honorahie Frederic John Napier Baron Chelmsford, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Administrator of the Government of the Commonwealth of Australia and published in the Commonwealth of Australia Gazette of the twentieth day of January one thousand nine hundred and ten, Satui'daj', the twenty second day of January, one thousand nine hundred and ten, was fixed as tlio day upon which the Seat of Government Acceptance Act, 1909, should commence. And whereas certain errors and misdescriptions have been found in the descriptions of the lands described in clause 5 aforesaid : Now it is hereby' agreed as follows :—

1. Clause 5 of the said agreement of the eighteenth day of October, one thousand nine hundred and nine, shall be deleted, and the following clause substituted therefor :—

The State shall grant to the Commonwealtli (so far as the same are not already' vested in the Commonwealth) without pay'tnent therefor areas of land at Sussex Haven and at and near Jervis J3ay' described in the Schedule hereto.

2. The legislation to bo ptissed by the State shall repeal the Third Schedule of the Act of the State No. 14 of 1909 above mentioned, and the Schedule hereto shall bo substituted therefor.

286                  Seat of Government Gurrender (Amendment) Act.

George V,	3., Nothing in this agreement shall be taken to derogate from the surrender of territory efl'ected by the agreement between the parties liereto dated the twenty-third day of September, one thousand nine liundred and thirteen, as ratified and confirmed by the Seat of (government Surrender Act, 1915, No. 9, of the State and the Jervis
No. 31,
,	Bay Territory Acceptance Act, 1915, No. 19, of the Commonwealth.
4. This agreement shall not in any way be binding unless and until it is approved by the Parliaments of the Commonwealth and of the State and legislation is passed by such Parliaments respectively ratifying and confirming it.

The Sch ed u le .

E a.stern Division, Land District of Nowra, county of St. Vincent,

parish of Bherwerro, area about 2 square miles : Commencing on the liigh-water mark of Jervis Bay at the south-western corner cJ portion 30 of 40 acres, and bounded thence on the ea.st by a line bearing south ■SO chains, on the south by a line bearing west 197 chain.s, on the west by a line bearing nortli to the afore.said higb-water mark, and on all other sides by that higli-water mark bearing generally easterly, to the point of commencement.

Eastern Division, Land District of Nowra, county of St. Vincent, parish of Bherwerre, containing an area of 132 acres. The Crown lands within Bowen Island, situated in the South Pacific Ocean at the mouth of Jervis Bay northerly of Governor Hoad. Shown on plan catalogued Ms. 127G Sy. in the Department of Land.s, Sydney. , .

Eastern Division, Land District of Nowra, county of St. Vincent, parish of Bherwerre, aiva 412 acre.s. The Crown lands within the following boundaries : Commencing on the high-water mark of Jervis Bay, at the north-eastern corner of portion 21 of 40 acres ; and bounded thence on the west by the eastern boundary of that portion bearing south 0 degree.s 31 minutes west 10 chains 45 links ; on the nortii by part of the southern boundary of that portion bearing nortli 89 degrees 21 minutes west 13 chains 74 I'liks, again on the wist by a road 1 chain vide dividing it from portion 20 of 40 acres bearing south 0 degrees 36 minutes west 21 chains 26 links, again on the north by that road dividing it from portion 20 bearing north 89 degrees 15 minutes west 5 chains 60 links, again on the west by that road dividing it from portion 30 of 40 acres bearing south 0 degrees 42 minutes west 20 chains 6 links ; thence by a line south 13 chains 92 links, on the south-west by a line bearing south 69 degrees 12 minutes east 18 chains 25 links, again on the west by a line, a road 1 chain wide dividing it from portion 31 of 2 acres, and another line, in a'l bearing south 0 degTees 25 minutes west 9 chains 97 links, again on the south-w’cst by a line and a road 1 chain wide dividing it from portion 33 of 10 acres, in all bearing south 20 degrees cast 29 chains 13 links, on the south by a line bearing east 21 chains 28 links to the liigh water mark of the South Pacific Ocean ; and thence by that high-water mark and the high-water mark of Jervis Bay aforesaid bearing generally nortl'.erly and westerly’, to the point of commencement. Shown on plan catalogued Ms. 1392 Sy. in the Department of Lands, Sydney.

Eastern

Seat of Government Surrender (Amendment) Act. 2S7

Eastei'ii Division, Land District of Milton, county of iSt. Vincent, parish of Farnham, area 103 acres. George V,

The Crown lands within the No. 31.

following boundaries; Commencing on the high-water mark of the South Dacilic Ocean, at a point south 31 chains 38 links from a point w'est 10 chains from Farnhain Trigonometrical Station, and bounded thence on the west by a line north 30 chains .55 links, on the north by a line east 28 chains 7 links to the high-water mark of Susse.v Haven ; thence by the high-water mark of Sussex Haven and tlie South Pacific Ocean generally southerly and wn'sterly, to the point of commencement. Shown on plan catalogue 1 Ms. 1399 Sy. in the Department of Lands, Sydney.

Eastern Division, Land District of Xowra, county of St. Vincent, parish of lleecroft, area 1,050 acres. The Crown lands wdthin the following boundaries : Commencing at a point at a wharf on the high- wniter mark of Jervis Bay, being the intersection of that high-water mark with the production nortli-westevly of a south-western side of the surveyeJ road, shown on plan catalogued Ms. 1395 Sy. in the Department of Lands. Sydney, to Point Perpendicular I.ighthouse ; thence by that production and that south-western side of that surveyed road bearing 152 d(!g'.ees 53 minutes 31C links; thence by we.stern, south-western, and Miuthern .sides of that road, being liiie.s bearing 173 degrees 43 minutes 118'2 links. 190 degrees 55 minutes 360'9 links, 183 degrees 49 minutes 2,005-7 links, 124 degrees 30 minutes 754-0 links, 11.3 degrees 5 minutes 1,201 link.s, 118 degrees 30 minutes 979 7 links, and 80 degree.s 15 miimtcrs 373-5 links, tlience by lines bearing 179 degree.s 4 minutes 5,300'5 link.s, 128 degrees 39 minutes 9,114'7 links, and 100 degrees 0 minutes 5,150'G links to a post wliieh bears 280 degrees 0 minute's, and is distant 359 8 links from a post marked 4̂ over A over 98, and shown on plan Jils. 1395 Sy. aforesaid, and thence hy lines bearing 49 deg-.-ees 39 minute's 10,029 0 links, 20 degrees 17 minutes 8,789-3 liidcs, .320 degrc'e.s 30 minute,'s 6,502-5 links, and 89 degrees 30 minutes 2,810 links, to a point em the high-wiiter mark of the South Paxilic Ocean be;u-ing 279 degre'es 30 minutes from the northei-n extremity of the Drum and Drumsticks Islands; thence generally southerly, easterly, souLhorly, aiiel seeuth-westerly by' part of that bigh-water mark to its intersection at Pehiit Perpe'uelicuhir with the castoin bemmiary of portion 5 of 10 acres, parirli of lleecroft; thence northerly', westerly, and southerly by the eastern, northern, and W'esteni boundaries re.sjiectiv'ely of that portion to a point on the high-water mark of Jervis Bay', ar.d thence generally northerly, north-westerly, southerly, svcstcrly, and northerly' by part of thaf bigh--ivater mark to the commencing point. Shown on plan catalogued Ms. 5228 Sy. in the Department of Land.s, Sydney.

The bearings quoted in this last description are according to the true meridian.

GOVERNMENT