Sydney Corporation (Amendment) Act 1929 (NSW)

Sydney Corporation (Amendment) Act.

193

SYDNEY COEPOEATION

’

(AMENDMENT) ACT.

Act No. 34, 1920.

An Act to extend the period during which the„c«°J6®v,

Sydney Corporation (Commissioners) Act,	—
1927, is to remain in force; to provide for
the election of aldermen of the City of
Sydney; to provide for the dedication of
Rowe-street as a public way, and for the re
payment to the Municipal Council of Sydney
of certain expenses incurred in the construe-	'
tion and completion thereof; to enlarge the powers of the said Council in certain respects ; to provide for certain financial adjustments between the Government and the said Council; to vest certain land in the said Council; to amend the realignment of part of the eastern side of George-street, between Goulburn and Campbell streets; to vafidate certain m atters; to amend the Sydney Corporation (Commissioners) Act, 1927, and the Sydney Corporation Act, 1902, and certain other Acts ; and for purposes connected therewith. [Assented to, 29th November, 1929.]

n r )E it enacted by the King’s Most Excellent Majesty, jD hy and Avitli the advice and consent of the Legis lative Council and Legislative Assembly of Nctv South Wales in Parliament assembled, and hy the authonty of the same, as follows

1. This Act may he cited as the "Sydney Corpora-short title,

tion (Amendment) Act, 1929,” ' and shall be read and

<7onstrued with the Sydney Corporation Act, 1902, as

amended hy subsequent Acts, which Act as so amended	‘
is in this Act referred to as the Principal Act.

2 ,

191 Sydney Corporation (Amendment) Act.

No. 34, 1929.	2. The Sydney Corporation (Commissioners) Aet,
Amendment of

Sydney Corpo	1927, is amended—
ration (Commis -

sionere) Act,	(a) by omitting from subsection two of section one thousand nine hundred and twenty-nine ” and by inserting in lieu thereof the words “ thirtieth day of June, one thousand nine hundred and thirty ” ;
1927.

Extension	three the words “ thirty-first day of December,
of Act.

(b)	by omitting from section nine the words

“ thirty-first day of December, one thousand

nine hundred and twenty-nine ” and by in serting in lieu thereof the words “ thirtieth day of June, one thousand nine hundred and thirty.”

Election of

aldermen.	3. (1) Notwithstanding the provisions of the Prin cipal Act or the Sydney Corporation (Commissioners) Act, 1927, an election of fifteen aldermen to constitute the Municipal Council of Sydney as from the first day of July in the year one thousand nine hundred and thirty shall be held in the month of June of that year on such day as the Governor may appoint and notify by proclamation published in the Gazette.
Por the purposes of this Act, and so far only as is necessary to carry it into effect, the provisions of the Acts mentioned in the Second Schedule to and suspended by the Sydney Corporation (Commissioners) Act, 1927, shall, as amended by this Act, be deemed to be in full force.
(2) Each alderman elected at such election shall, subject to this Act, take office for the discharge of the duties and functions of an alderman of the city on the first day of July, one thousand nine hundred and thirty, and shall, subject to the Principal Act, continue in office until the day appointed by that Act, as amended by this Act, for the next general election of aldermen, or until the occurrence of an extraordinary vacancy in his office, whichever happens first. He shall be eligible to be re-elected at any such election if otherwise qualified.
Amendment

of ActNo. 35,

(3) The Principal Act is amended—

1902, P. 18.	(a) by omitting from subsection one of section and six ” and by inserting in lieu thereof the words “ one thousand nine hundred and thirty-
(Retirement

and election

eighteen the words “ onethousand nine hundred

of aldermen.)

two ; ”

(b)

Sydney Corporation (Amendment) Act.

]95

(b) by omitting from section twenty-one the word

“ tw o” and inserting in lieu thereof t h e word See. 21.

“ three” ;

(Kiectionof

'	aldermen.)

twenty-seven the words “ any other citizen or (Nomination

two citizens if two aldermen are to ]je

elected” ; and by inserting in lieu thereof

the words “ one other citizen ” ;

(ii) hy omitting from the same subsection the word “ each ” and by inserting in lieu thereof the word “ the ” ;

(d)

hy omitting from the eighth schedule the word Eighth

“ two.

(Form of

ballot-paper.)

( 4 )

(a) Lists and rolls of citizens for use at the Times for

election of aldermen provided for by this Act shall be

made in the manner provided hy the Principal Act.

citizens.

(b)	The times at, during, and within which

the several matters and the courts hereinafter mentioned may or shall he performed or held for the purpose of making such lists and rolls shall, in lieu of those men tioned in the Principal Act, be as follows :—

(i) The date on or before which the stipendiary

magistrates and the acting and deputy stipen

diary magistrates of the Metropolitan Police

District or any three of such magistrates shall

appoint members of the police force as collectors

as proA'ided in subsection one of section ten shall be the first day of December, one thousand nine hundred and twenty-nine.

(ii) The time during which the collectors shall

make out lists of citizens entitled to be enrolled

as provided in subsection one of section eleven

shall be the month of December, one thousand nine hundred and twenty-nine and the month of January, one thousand nine hundred and thirty.

(iii) The lists of citizens shall be exhibited in the manner prescribed in section twelve from the fourteenth day of February one thousand nine hundred and thirty to the first day of March in the same year, both days inclusive.

(iv)

196 Sydney Corporation (Amendment) Act.

H0.SM929.

Notices of claim or objection under section

•	thirteen may be made at any time from the fourteenth day of Eehmary, one thousand nine hundred and thirty to the first day of March in the same year, both days inclusive, and the

duties to he performed by the chamber magis trate under subsection two of the said section shall he performed as soon as possible after

the said first day of March.

, r j ; .

(v) The revision courts to he held under section fourteen shall he held during the period from the first day of March, one thousand nin& hundred and thirty to tlie thirty-first day of March, one thousand nine hundred and thirty^

both days inclusive.

‘ '

the lists and rolls of citizens for use thereat section nine of the Principal Act shall be read as if the words “ the. first day of May of the year in which a roll is to, b̂ - prepared as hereinafter provided” wherever occurring; were omitted and the words “ the first day of December ,

in the year one thousand nine hundred and,twenty-pine

were inserted in lieu thereof.

(d) The rolls of citizens made under the provisions of this section slxall he deemed to be rolls of citizens for all purposes made under the provisions of Part IV of the Principal Act.

Election of 4. (1) The aldermen elected at the election held in Lord Mayor, pursuance of this Act shall, within one week of their

election at a time and upon a day appointed by the Chief Commissioner, assemble at the Town ITall and elect one of their own number to he Lord Mayor of tlic city. The Lord Mayor so elected shall take office on the first day of July, and hold office until the thirty-first day of December in the year one thousand nine hundred and thirty, and shall he eligible for re-election if still qualified.

(2)	I f the aldermen fail to elect a Lord Mayor

within such week the Governor may appoint one of the aldermen to he the Lord Mayor to hold office until the thirty-first day of December in the year one thousand

nine hundrejl and tliirty, ,

i V

5»

Sydney Corporation (Amendment) Aef.

107

N(0. 34,1929/

5. The Principal Act is amended-

(a)	by omitting from section three the definition A!'rsol’3™’i»o2. of “ owner” and hy inserting in lieu thereof s<c. 3.

the following new definition :—

(Literpreta-

“ Owner”—In relation to property, i n - '

■

eludes every person Avho jointly or

severally, whether at law or in equity—•

„	(a) is entitled to the property for any

'	estate of freeliold in possession ; or

(b)	is entitled to receive, or is in receipt of, or if the property were let to a tenant would be entitled to receive the rents and profit s thereof, whether as beneficial owner, trustee, mort gagee in possession, or otherwise;

(h) (i) hy inserting in paragraph (a) of subsection-cc. o.i)(.■

.).

, 9 9 ((JualificatioD'

one of section nine the words “ jointly or ”

of citizens-

owners )

before the word “ severally ” ;

(ii) hy omitting fiom the same paragraph the words : “ And one of the persons who are on the said day jointly the owners or leasc- holders as aforesaid of any property assessed as aforesaid; and fn such case the joint owner or leciseholder who is entitled to he placed on the roll shall he de'ermined hy a majority of such joint OAvners or lease holders evidenced hy agreement signed hy such majority and handed to the collector of the roll for the w'ard and delivered by liim Avith the list to the chamber magistrate of the Central Police Court, or failing such agreement, according to the alphabetical order of the surnames of such joint owners

or leaseholders.”

•

Further

6. The Principal Act is amended—

aniCTidmcr.t of

Act No.

1902.

■flofi

S i'hstiiiitcd

(a) hy omitting Part 11 A. and hy inserting

Part l l A .

folloAving ncAV Part in lieu thereof:—

PART I I a.

PEmSTRIBUTION OF CiTY INTO WARDS.

:	8a. (1) As soon as may he practicable after Distribution

' / _

the passing of the Sydney Corporation (Amend

.of:

ment) Act, 1929, the city shall he redistributed

into five Avards.

(2)

198 Sydney Corporation (Amendment) Act.

No. 34,1929.

(2) The wards shall be known res pectively by tbe names assigned thereto by the Governor.

Appointment

of ccmmis-	fn. (]) The Governor shall, by commission nnder llie Great Seal, appoint three persons, to be callcil the Municipal Council of Sydney Eedistribution Commissioners, to be commis-
sioners.

.	sioners for the purpose of tlio redistribution.

(2) Tbe commissioners so to be apjiointed shall include a judge of the Supreme Court or District Court or the judge of the Land and Valuation Court, and the persons who for the time being hold the offices of metropolitan district surveyor and town clerk respectively.

(3) The names of the persons so ap pointed shall be published in the Gazette.

Duration of	8c. (1) The office of a commissioner shall be tenable for the period named in such commission, and, if necessary, for sucli extended period, to be named in a further commission, as the Governor may deem proper for the completion of the redistribution.
otlice, &c.
(2) The office of a commissioner shall be vacated if for any caiise he ceases to possess the qualification for appointment mentioned in the last preceding section.
Chairman.	8 d . At any sitting of the commissioners the judge so appointed shall, when present, be chairman; and in his absence the commis sioners shall appoint one of themselves to be chairman as occasion may require.
Dules.	8 e . The commissioners may, subject to the provisions of this Act, make rules for the conduct of their proceedings, but no such rule shall have any foice until the same has been approved by the Governor.

Quorum :	,	8f . At all meetings of the commissioners two shall form a quorum; and in the event of an equality of votes the chairman shall have a casting vote in addition to his original vote.
Casting vote
of chairman.

8 g.

Sydney Corporation (Amendment) Act.

199

8 g . (1) I t shall be the duty of the commis- sioners, and they are hereby directed to redistril)ute the city into wards for the purposes of this Act, and to arrive at their determina tion within one month after the completion of the citizens’ rolls prepared under the provisions of the Sydnev Corporation (Amendment) Act,

_L_

1929. ‘

(2) The commissioners shall report to Report by

the Governor the boundaries of the Avards

determined hy them and shall recommend proclaimed,

names to be assigned hy the Governor to such

Avards.

(3) Tlie Governor shall in a proclama tion published in the Gazette set out the names of such Avards and the boundaries thereof, and upon such publication those wards shall be the wards of the city.

8n. The IMinister shall forthAvith after the Maps of

publication of such proclamation cause to he	®
deposited in the otTice of the Surveyor-General at the Department of Lands, Sydney, and in the office of the city surveyor, a properly authenticated map of every ward named and described in such jiroclamation.

Sr. (1) Tlic redistribution shall he made in Basis of

accordance Avith the provisions of tliis section. <>>stnbution.

(2) Each Avard shall have such an area

that after the redistribution the number of persons qualified for enrolment as citizens for such ward shall, subject to the margin of allow ance, he one-fifth of the total number of persons enrolled as citizens for the respective AÂ ards of the city.

(3) The margin of allowance shall not exceed ten per centum above or below the	,
number obtained hy dividing by five the total number of persons enrolled as citizens for the respective Avards of the city.
(4) In carrying out the redistribution due consideration shall he gh^en to community or diversity of interest, lines of communication, and physical features.

8j .

200 SydJiey Corporation (Amendment) Act.

No. S 4 ,1829.:

■

;

8 j . The Governor may, by proclamation

Ppwer of	,, , .	publislied in the Gazette before or after the
<iOV'eriior to

vary or	. ,	time at or durinp ̂ or within which anythinp^
extend times,
& c .	may or shall be done in pursuance of this Part

, .	of this Aet, alter or extend such time, or may

■	'	validate anything done after such time, or done
..	irregularly in matter of form.

Evidence

8 k .

The provisions of the Royal Commissions of Sydney Pedistribution Commissioners in carrying out tlie redistribution, and sueli com missioners may accordingly take evidence as to the matters entrusted to them.

may be taken	■	'	Act, 1923, shall apply to the .M unicipal Council
by commis-

- ’

Adjustment	.	8ii. (1) Within seven days after the date of the publication in the Gazette of the proclama tion referred to in subsection three of section
of rolls.
8 g of this Act, the chamber magistrate of the
.	Central Police Court shall adjust the citizens’

.	rolls as prepared in pursuance of the Sydney

'	Corporation (Amendment) Act, 1929, in the
.	manner f dlowing, that is to say, he shall

.........	select from the roll for each ward the name of every person who, by reason of any alteration
"	in the boundaries of wards is no longer entitled to be enrolled on the roll for that ward, and shall transfer the names of such persons to the roll for the ŵ ard for which they are respectively entitled to be enrolled.
■	(2) Such chamber magistrate shall forth- with cause a fair copy to be made of the
■
.	roll as so adjusted for each ward, and after certifying to the correctness of the same shall forward it to the town clerk, and such copy

,	,	shall be the roll for the ward until a new roll is prepared, and shall be prima facie
I , ,	evidence that the j oll has been duly made and of the correctness of the contents thereof.
(3) Such chamber magistrate may appoint such and so many members of tbe police force or other persons as he may think tit lo as ist him in carrying out the duties imposed upon him by this section.
n

(b)

Sydney Corporation (Amendment) Act;

201

■

(b) (i) by inserting in section one immediately before “ Part I I I ” the words and lignres :

'■

“ PART I I a .— P eo istr ibctio^

City

INTO

W a r d s .— ss.

8 a -8 l ” ;

(ii) by omitting from tbe same section tbe figures “ 17 ” and by inserting in lieu

•	thereof tbe figures and letter “ 17a ” ;

(iii) by omitting from tbe same section lbe figures “ IbO ” and by inserting in lieu thereof the figures and letter “ 150l.”

7. The Principal Act is further amended—

Further

am e i id n ont

Act No. 3f., ID02-,

(a)	by omitting from section twenty-nine the Seo. 29. words “ and such ” and by inserting in lieu (Surutiueer̂ .)

,	thereof the words “ to act at each polling-place, and one scrutineer to represent him upon tlie examination and count of the votes. Each such ” ;

(b)	thirty-four tbe words “ for eaeh vote to Avhich (.Marie o{ he is entitled ” and by inserting in lieu thereof™'"'^*

by omitting from subsection one of section sec. 34 (i). back ” ;

(c)	by inserting next after section thirty-four the New s. 34a.

follow ing new section :—

3 4 a .

(1)

Any person claiming to vote at any Post.ui voting,

polling-place who—■

(a) docs not reside Avithin the eity ; or

(b)	though he resides Avithin the city is seriously ill or infirm, and by reason of such illness or infirmity will be precluded

' '

......

from attending at the polling booth to Amte, or in the case of a AA’oman Avill, by appi’oaching maternity, be precluded from attending at the polling booth to wote—

may not later than the third day before any

.	election of aldermen apply to the Eeturning Officer to be allowed to vote by post.

̂ . .

(2)

2 0 2 Sydney Corporation (Amendment) Act.

Hp. 34, 1929.

(2) The provisions of sections 114a to

114m, both inclusive, of the Parliamentary

Electorates and Elections Act, 1912-1928, as amended by subsequent Acts, shall, mutatis mutandis, and with such modifications, amend ments, or alterations as may be prescribed by the by-laws, apply with respect to any such

'	application and the recording of a vote by the applicant if a postal ballot-paper is issued to him by the Eeturning Officer in pursuance of the application aforesaid.
(3) The postal ballot-paper and the postal vote certificate referred to in the said sections of the said Act shall for the purpose of this section be in or to the effect of the Eorms in the Twentieth Schedule to this Act.
(d)	by inserting next after the Nineteenth Sche dule the following new Schedule :—

TW ENTIETH

SCHEDULE.

New

Twentieth

Schedule.

Postal Ballot-paper.

Insert No. to

Election of an alderman (or.......aldermen) on the.

he elected.

day of................... . 19

L 'st of Candidates for Election.

For.................................... Ward of the City of Sj’dney.

Names.

Addresses.

Directions.

The elector must mark his vote on this ballot-paper h}’ making a cross opposite the name of each candidate for whom he votes.

He must vote for the full number of candidates to be elected, neither more nor less.

Postal

Sydney Corporation (Amendment) Act.

203

No. 34, 1929.

Postal Vote Certificate.

(To be printed or written on the left-hand side of the envelope in which a postal ballot-paper is returned to the	>	ca e )
Returning Oflioer.)

City of Sydney,.

.Ward.

Polling-place..................................................................

I hereby certify that—

(1) I am the person whose name appears as....................

of..................... in the roll of citizens for.....................

Ward in the city of Sydney.

(2) I am qualified to vote as............................(here insert

whether an owner, lessee, occujiier, or lo'tyer).

(3) I have still the <iualifieation mentioned in the said roll and have not already voted for the above- mentioned Ward at this election.

(4) I am unable to attend at the polling-booth to record my vote in the usual manner for the following reason :—*

(a) I do not reside within the city.

(1) I am seriously |

'>7 rwison of such

.	v̂ill be precluded from attending

inlirmity

‘

at the polling-booth to vote ;

(c)	I will, Ipv approaching maternity, be pre- cluled from attending at the polling-booth to vote.

(Signature)................................

(Date) ,

( Witness) t ......................

(Occupation and postal atdress)

(Date)..

(Place),

* Stiike out the inappropriate paragraphs (a),(h), or (r).

The witness must be one of the following persons ;—A Common- wealtli Divisional Officer, State Returning Otiicer, Commonwealth or State Electoral Registrar or Deputy Registrar, or Returning Officer of the City of Sydney, postmaster or postmistress, police or stipendiary magistr.ate, or justice of the peace, head school teacher, officer of police, medical practitioner, clergyman, officer of the State or Commonwealth Public Service, station manager, hank manager, or any other person mentioned in section 114b of the Parliamentary Electorates and Elections Act, 1912-19'28.

•(■

XoTE.—The voter should place his postal ballot-paper, after he has marked it, in an envelope with the above superscription, which envelope may be furnishe I by the Returning Officer in response to

an application uinlcr section 34a, and after completion of the certi-

fiiate post it to the Returning Ufficer in time to reach him before

the hour for closing the poll cn the day of election.

204. Sydney Corporation (Amendment) Act.

No. 34, 1S29.
Further	8. (1) The Principal Act is further amended—

amendment of

(a) by omitting from subsection two of section

ActNo.

35 ,1C02.

'	eighteen the words “ Any male person ” and by

Seo. 18 (2).

(Election of

inserting in lieu thereof the words “ Any person,

akleniieu.)

■

male or female ” ;

Sec. 51.

(b) by omitting subsection one of section fifty-one

(Bribery and

and by inserting in lieu thereof the following

intimulation.)

......... new subsection :—

■

........

(1) The provisions of sections one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and four teen, one hundred and thirty, one hundred and

Vv'-V.

i ' i . i ' : ;

' .’ l U

thirty-five, one hundred and thirty-six, one hundred and forty-seven, one hundred and

r i r r ^ < v

forty-eight, one hundred and forty-nine, one hundred and fifty, and one hundred and fit'ty-one of the Parliamentary Electorates and Electicns Act, 1912-1928, shall, mutatis mutandis, apply to elections under this Act.

Sec. 55.

(Mayor.)

“ and all magisterial courts within the city,

except those of Quarter 8essions ” ;

Sec. 1-21.	(d) hy omitting from section one hundred and twenty-one the words “ coutirmation o r ” and hy inserting in lien thereof the words “ con firmation of ” ;
(Correction.)
Sec. 133 (2).	(e) by omitting from subsection two of section one hundred and thirty-eight the word and figure “ subsection (v) ” and by inserting in lieu thereof the words and figures “ paragraph (v) of subsection one ” ;
Sec. 191 (2).	(f) by omitting from subsection two of section “ Treasury inspector ” and by inserting in lieu thereof the words “ Auditor of Public Accounts ” ;

(Books of	one hundred and ninety-one the words
account.)

Sec. 192.

(g) hy omitting from section one hundred and ninety-two the words “ Colonial Secretary ” wherever occurring and by inserting in lieu

(Audit.)

;■	tliereof the word “ Minister” and hy omitting from the same section the word “ Inspectors ” Avherever occurring and by inserting in lieu
‘	tlureof the word “ Auditore ” ;

(1 0

Sydney Corporation (Amendment) A ct

205

(li) (i) by omitting from paragraph (u) of subsec- tion one of section, two hundred the Avords Soc. 200.

‘ - i -

‘

” and cattle saleyards ” ;

(ii) hy omitting from the same paragraph the AAords “ and cattle” whereA'er occurring;

(iii) hy omitting from the same paragraph the AAords “ for the sale of cattle therein, or ” ;

(iv) by omitting from subsection three of the

same section the words “ subsections (e),

(g), and (q) so far as such subsections

;	.	include or refer to the carrying on of any	,
. ,	noxious trade Avithin the meaning of the Act fifty-seventh Victoria number tAventy- on e” and by inserting in lieu thereof the Avords “ paragraphs (e), (g), and (q) of suh-
.; ,	section one of this section so far :is such

; ,

paragraphs include or refer to the can ying on of any noxious trade AAuthin the meaning of the Koxious Trades Act, 1902 ” ;

(i) hy omitting subsections one and tAvo of section Seo. 201.

tAA"o hundred and one and by inserting in lieu

thereof the folloAving ncAV suhscc;ions ; —

(1)	Any h y -h iA V made hy the council under B,v-iaw.s toba

the provisions of this Act or of any Act amend-	Parliament*
ing the same shall, subject to the provisions of the Public Health (Amendment) Act, 1915,—

(a)	he submitted to the Grovernor for his approval;
(h)	when approved hy the Governor, he published in the Gazette ;
(c)	take effect from the date of publication, or from a later date specified in the

;	hy-laAv; and

.	(d) he laid before both Houses of Parl'a- ment Avithin fourteen sit ing days after publication if Parliament is in session,

'	and if not, then within fourteen sitting

.	days after the commencement of the

., , next session.

( 2 )

206 Sydney Corporation (Amendment) Act.

No. 34, 1929.

(2)	If either House of Parliament passes a

resolution of which notice has been given at any time within fifteen sitting days after any by-law has been laid before such House dis allowing the by-law or any part thereof, such by-law or part shall thereupon cease to have effect.

Seo. 7.

' (j) by omitting section seven and by inserting in

(Boundaries.)	lieu thereof the following new section :—
Boundaries of
city.	7. The boundaries of the city of Sydney shall Schedule hereto, being the boundaries as set out in Schedule I to the proclamation issued in pursuance of powers conferred by section fifteen of the Sydney Corporation (Amend ment) Act, 1924, and published in the Govern ment Gazette number one hundred and twenty- eight of the third day of October, one thousand nine hundred and twenty-four.
Second	continue to be those described in the Second
Schedule.

Second

(k) by omitting the Second Schedule and by

Schedule.	inserting in lieu thereof the following new
Jbtd.	Schedule:—

Seo. 7.	SECOND SCHEDULE.
B o u n d a r i e s o r t h e C ity.

Commencing at the intersection of the centre of George-

street West with the centre of Bay-street; thence by the centre of Bay street to the northern building lino of William Henry street; thence by that building line to the western building line of W attle-street; thence by that building line to its intersection with the building lino of Pyrmont Bridge road ; thence by a line crossing that road northerly to the .south-eastern shore of Blackwattle Cove ; thence on the west, north-west, north, and north-east by the waters of Port Jackson to the centre of an open cemented stormwater channel entering Eusheutter’s Bay ; thence by that channel and sewer to the south-western building line of Liverpool-street; thence by that building line of Liverpool-street to its intersection with a line parallel to and distant 14 feet south-easterly from the south-eastern kerb line of Boundary-street; thence by tliat line parallel and distant as aforesaid to the south eastern building line of Barcom-avenue; thence on the north-west by the south-eastern building line of Barcom-avenue bearing north-east about 30 feet ; thence by a line running westerly and south-M’esterly to the centre of Oxford-street

Sydney Corporation (Amendment) Act.

207

at its intersection with the centre of Dowling-street prc- **’ ’

ducod; thence by the centre of Dowling-street to its inter section with the production of the northern building line of Seyrnour-street; thence by that building line and its production easterly in all 248 feet; thence northerly to the southern building line of Church stree t; thence by that building line and its prolongation to the eastern building line of Selwyn-street; thence by that building line bearing southerly to its intersection with the southern boundary of |)roperty known as No. 49 Selwyn street; thence by that last-mentioned boundary and the southern Vjoundary of property known as No. 85 Green’s toad and their pro duction crossing Iris-street and Green’s road to the eastern building line of Green’s-ioad ; thence by that building line of Greeu’s-road to the south-western corner of the barrack ■wall ; thence by the southern boundary of the barrack wall to its intersection with the production of the centre of Leinster-street; thence by the centre of that street to the centre of Gordon-street ; thence by the centre of that street to its intersection with the production of part of the northern building line of Moore Park road ; thence by that building line of that road to the south-eastern corner of St. Matthias’ Church land ; thence by the south-eastern boundary of that land to the southern building line of Oxford street; thence by the southern alignment of that street and its production bearing easterly to its intersection with the production of the northern building line of Moore Park road ; thence by a line southerly to the intersection of the southern side of Moore Park road with the eastern side of Lang road ; thence on the east and south-east by the eastern and south-eastern sides of Lang-road before- mentioned bearing southerly and south-westerly until it meets the prolongation of the south-east side of Cook- road ; and thenee by the prolongation of that side of that road south-westerly to its intersection ■with the north eastern side of Martin-road, being a point on the southern side of a dwarf wall on the southern side of the Grand Drive ; thence by the southern, south-western, and north western sides of that dwarf wall forming the northern, north-eastern, and south-eastern sides of Martin-road to its intersection with the south-western side of Oxley-street; thence by a lino crossing the Sydney to Kandwick ti'amway and the Randwick-road to the int(*rsection of the southern side of Dacey-avenuo with the south-western side of Bunnerong-road ; thence by that side of that road bearing south easterly to the northern boundary of the Kensington Estate ; thence by that boundary and part of the southern boundary of the Sydney Common bearing westerly to its intersection with the eastern building line of Dowling- street; thence by that building line of Dowling-street and its production to the centre of Cleveland-street; thence by the centre of Cleveland street to its intersection with the centre of Newtown-road ; thence by the centre of that road

southerly

20S

Sydney Corporation (Amendment) Act.

No/34, 1929.

southerly to the centre of Bligh-street; thence on the- south-east by the north-western boundary of the Borough of Newtown, as defined by proclamation dated 28th

■	'	August, 1805, to the north-western corner of that borough ;
.	thence on the west and north-west by Johnstone’s Creek
'	downwards to its confluence with Orphan School Creek; thenee on the north-east by that lastmentioned creek upwards to its intersection with the centre of Parraraatta- road ; thence by the centre of that road, to the point of ocwimeneement.

Ameudment	(2)	The Sydney Coi’jioration (Amendment) Act^
of Act No. 39,

1905. 1905, is amended—

Sec. 12.	(a) by omitting from paragraph (i) of subsection one of section twelve the words and figures “ Neglected Children and Juvenile Offenders Act, 1905,” and hy inserting in lieu thereof
( Revision.)

•	the words and figures “ Child Welfare Act,.
J	1923” ;

Sec. 30.

(b) by omitting section thirty.

Amendment

(3) The Sydney Corporation (Amendment) Act^ 1908, is amended—

See. 3.	(a)	by omitting from paragraph (ii) of subsection one of section three the words “ situated within Camperdown Ward and ” ;
Sec. 13.	(b)	by omitting from section thirteen tbe words “ and a avard thereof to be known as Camper- .down Ward constituted in addition to the tw’clve wards in the Principal Act mentioned ” •
Secs. 14, 15,

16, 18, 19, 20,

21, 22, 23,	eighteen, nineteen, twenty, twenty-one, twenty-
and 24.	two, twenty-three, and twenty-four.
Amendment

of Act No. 7,

(4) The Sydney Corporation (Amendment) Act,

1924. 1924, is amended—

Sec. 15.	(a) by omitting section fifteen;
Schedule.	(b) by omitting the Schedule to the said Act.
Old ward
assessment	(5) Notwithstanding any amendment made by

books to be	tliis Act Avhich involves an alteration in the boundaries
used until
new com	of wards, assessments for the purposes of rating may be
piled.	made in accordance with or based upon ward assessment books compiled in accordance with the boundaries of the

wards

Sydney Corporation (Amendment) Act.

209

wai’ds existing at the commencement of this Act until new assessment books for the wards into which the city is to be divided in accordance with the amendments made by this Act have been compiled.

9. (1) The council in exercise of its power toiwerto

generate and supply electricity conferred by the

Municipal Council of Sydney Electric Lighting Acts,

1896-192^, may sell to any person such steam as is

raised at its generating stations and is not required for

the purpose of generating electricity and may enter into

contracts for the supply and delivery of such steam.

(2)	Tliis section shall be deemed to have com

menced on the first day of January, one thousand nine

hundred and twenty-nine.

10. The power to purchase or resume lands con-fowerto

ferred upon the council by section sixteen of the oiû ide dty Sydney Corporation Amendment Act, 1905, for any of for electric the purposes of the Municipal Council of Sydney Electric purposfa.

Lighting Acts, 1890-1928, shall be deemed to extend and always to have extended to the purchase or resumption of lands outside the boundaries of the city as well as of lands within such houndaries.

11. (1) The area of land in the City of Sydney knoAvn Eowe stiot

as Ilowe-street and more particularly described in the

Eirst Schedule to this Act is hereby dedicated to the	'
public use, and shall be a public way within the meaning of the Sydney Corporation Act, 1902, as amended by subsequent Acts.
(2) This section shall be deemed to have com menced upon the twcnty-!hird day of November, one thousand nine hundred and twenty-eight.

(3) The sum of nine hundred and thirty pounds Expen.iitur« eleven shillimrs and eleven pence, beinsr expenses construe- incurred by the Municipal Council of Sydney prior recovered

to the date upon which His Majesty’s assent to this Act

is signified, in levelling, paving, draining, constructing,

improving, or otherwise completing the said public way,

shall be paid by the OAvners of the premises fronting,

adjoining, or abutting on such Avay.

(4) Each such OAAmer shall pay to the council the amount set opposite his name in the Second Schedule to this Act.

l ;	...............(5)

2 1 0 Sydney Corporation (Amendment) Act.

Ho. 34, 1929.

(5)	If within one month after demand made

upon any such owner of the amount to which he is liable such amount is not paid to the City Treasurer, the council shall have the like remedies for recovering the same as in the case of any city rate.

Amendment

of Act No. 35,

1 2 . The Principal Act is further amended—

1902. (a) by inserting in the proviso to subsection seven

Sec.

75b .

of section 75b after the word “ repairs ” the

(Realign

ment. )

Avords “ and improvements ” ;

of. ActNo.33,

(b) by inserting in the same proviso after the word

1927, s. 8 (e).

“ preservation ” the words “ and temporary

use.”

Alteration of	1 3 . Notwithstanding the provisions of the City of Sydney Improvement Act and the rules thereunder, it shall be lawful for the council to grant approval to plans for the alteration of existing buUdings within the city which do not comply with the requirements of such Act and rules in cases where the council is satisfied that such compliance is not reasonably practicable in the whole circumstances of the case.
existing
buildings.
Any such approval, however, shall be subject to such conditions and to such modifications of the plans as may be imposed by the council when granting such approval in each case.
In granting such approval and in fixing the condi tions and modifications referred to the council shall require in the altered building such improvements as are reasonably practicable in the whole circumstances of each case having in view the objects aimed at by the said Act.
Amendment
of Act No. 27,	14. (1) Sections thirty-six and thirty-nine of the Any liability of tbe Municipal Council of Sydney under or in respect of the matters dealt witli in the said sections accrued before the passing of this Act is hereby extinguished.
1908, BS. 36,	Sydney Corporation (Amendment) Act, 1908, are
39.	hereby repealed.
Sec. 37.	(2) Section thirty-scA'en of the Sydney Corpora tion (Amendment) Act, 1908, is amended by omitting the Avords “ at a cost not exceeding one thousand five hundred pounds per annum ” and by inserting in lieu thereof tbe words “ and the illumination of the Shakes pearean Statue Avhile remaining therein.”

(3)

Sydney Corporation (Amendment) Act.

211

(3) ^\uy claim of the Municipal Council

Sydney in respect of or in relation to the taking over of

the Metropolitan Sale Yards by the Government or in ’	’
respect of the vesting in the Metropolitan Meat Industry Board of the lands of the council held in connection therewith hy the Meat Industry Act, 1915, is hereby extinguished.

(4) (a) 1 he land described in the first part of FUh Market

the Third Schedule to thi^ Act is hereby vested in the Municipal Council of Sydney for an estate in fee simple free from all trusts and dedications.

vesting.

(h)	The said land shall he held hy the said

council for such purposes of the Sydney Corporation Act, 1902, or any Act amending the same, as the council may from time to time determine.

(5) The Municipal Council of Sydney shall undertake the construction, control, and management of all roads and lanes Avithin the area described in the second part of the Third Schedule, and the same shall he deemed to he vested in the council as public nays under the Sydney Corporation Act, 1902.

Any claims hy the said Municipal Council in respect of such construction, control, and management of such roads and lanes are hereby extinguished.

1 5 . George-street between Goulburn and Campbell streets,	The realignment of part of the eastern side of	Ainemiment
of realign
ment of part

notified in the Government Gazette of the eleventh day	of the eastcra side of
of March, one thousand nine hundred and twenty-seven,	George-street
shall be deemed to affect only the lands described in the	(ioulburn and between
Fourth Schedule to this Act, and the plan in such	Campbell
notification referred to as catalogued S. 290-907 shall	streets.
be amended hy the Surveyor-General accordingly hy showing thereon in blue edging the lands so described.
The council shall cause to he lodged in the office of the Eegistrar-General a copy of such plan so amended, and upon such plan being lodged the eastern side of George-street shown on the said plan shall he deemed to have been realigned in accordance with the plan as so amended and to have been so realigned in pursuance of the Sydney Corporation Act, 1902, as amended by subsequent Acts.

212 Sydney Coiporation (Amendment) Act.

Ko. 34, 1929.

16.

Tlie Principal Act is amended by inserting at

Further

amendment	the end of section 109a the following new subsections:— (2) The council may in any public way erect island refuges, public conveniences, fountains, monuments, statues and tbe like in such manner as in the opinion of the council will not unduly inter fere with public convenience or access to private
of Act No. 35,
1902, 8. 109a.

premises.

‘

(3) The council may concur with any other authority in setting apart any part of a public way as a safety zone at a tramway stopping-place or at any other place on the way where a safety zone is required for the protection of the public.

(4) The powers conferred by this section shall be

exercised only with the approval of the Minister^ j

' S : ;

SCHEDULES.

'i :, ;Ji

8ec. 11.

FIRST SCHEDULE.

A ll that piece or parcel of land containing an area of 22 perches,

situate in tlie City of Sydney, pariah cf S". James, county of Cumber^ land, and State of New South Wales, le i ig part of allotments 10, IS, and 19 of section 38 of the City of Sydnej’, originally gr.anted to Joseph Wyatt, and being the whole of a thoroughfare known as Rowe- street. commencing at a point on the eastern building line of P itt, street, said point being the not th-we.stern corner of the land compri.sed

U i . ' . '

•

in Certificate of Title, registered volume .3122, folio 207, and bounded

is- ' .

thence on the west by that building line of Pitt-street, being a line bearing 35-5 degrees 59 minutes 10 seconds for IG feet 51 inches to the

■

south western corner of the land comprised in Ceitificate of Title, registered volume 1235, folio 238, thence on the north by the southern boundary of the land comprised in Certificate of Title, registered volume 1235, folio 238, the property of the Commonwealth Rank of Australia, the .southern boundary’ of the land comprised in Certificate of Ti'le, registeied volume 1255, folio 99, and part of the .southern boundaiies of the land.s comprised in Certificate of Title, registered volume 984, folio 61, and registered volume 2613, folio 87, the property of the .Australia Hotel Company Limited, being lines bearing 85 degrees .3 minutes 55 seiorals lor 23 feet lOJ inche.s, 87 degrees 21 minutes 55 seconds for 68 feet and ̂ inch, and 86 degrees 55 minutes 45 .seconds for 268 fei t lOJ inches, re.spi ctively, to the western building line of Castlereagh-street, thence on the ea^t by that building line of Ga.stle ̂ refygh-.street, being a line bearing 176 degrees 37 miiiu'es for 22 feet

inches to a noith-ea-tern corner of the land comprised in Certificate

of	I't'gislercd volume 3682, folio 1 ; thelice generally on the

» - —

south

Sydney Corporation (Amendment) Act.

213

south by the northern boundary of the land comprised in Certificate of

Title, registered volume ;1682, folio 1, the property of F. V. Richards,

tlie northern termination of a lane, the northern boundary of premises known as No. 33 Rowe-street, the property of the Trustees of the Marriage Settlement of W. S. Deane ; the northern boundary of the land comprised in Certificate of Title, registered volume 2283, folio 157, the property of the Trustees of the Estate of A. C. Rowlandson, the northern boundary of the land comprised in Certificate of Title, registered volume 1642, folio 82, the property of the Trustee of the Estate of Mary McLaughlin, the northern boundary of the land compri.sed in Certificate of Title, registered volume 2251, folio 180, the property of the Trustees of the Estate of John Norton, the northern boundaries of the lands comprised in Certi ficates or Title, registered volume 4087, folio 63, and Registered Volume 3122, folio 207, the properly of the Millions Club of New 8outh Wales, beii g lines bearing 313 degrees 54 minutes 30 seconds for 4 feet 4̂ . inches, 271 degrees 12 minutes for 6 feet 2jj inches, 269 degrees 53 minutes for 29 feet 8 | inches, 179 degrees 53 minutes for 1 inch, 267 degrees 36 minutes for 33 feet and J of an inch, 267 degrees 35minutes 40 seconds for 26 feet 7 ̂ inches, 267 degrees 14 minute.s 20 seconds for 32 feet 1J inches, 267 degrees 7 minute.s 45 seconds for 90 feet IJ inches, 267 degrees 50 minutes for 80 feet 5 | inches, and 265 degrees 24 minutes 30 .seconds for 59 feet 4 | inches respectively

to the point of commencement.

SECOND SCHEDULE.

Seo. n .

Amount

Owner.	Prontags.	Payable.
ft. in.	£ s. d.

(a) The Commonwealth Bank of .Australia, Pitt-

street

...

92 0

113 11 7

(b) The Australia Hotel Company, Limited,

45 Castlereagh-street

...

... 269 0

346 14 4

Pitt-street...

...

123

1 10

(d) Trustee.s of the late John Norton, 112 Pitt-

street

...

(e) Trustee of the late Mary McLaughlin, 2

Castlereagh-.street

...

29 0

37 7 7

(f) Trustees of the late A. C. Rowlandson, 10

Castlereagh-street

...

94 0

121 3 2

(g) Tru.stees of the Marriage Settlement of

W. S. Deane, 33 Rowe street ...

...

21 0

27 1 4

(h) F. V. Richards, 47 Castlfreiigh-street

...

76 6

98 12

722 0 930 11 11

i 1

THIRD

211. Sydney Corporation (Amendment) Act.

■a. 34,1829.

THIED SCHEDULE.

: '

Sec. 14.

EmsT P aht.

All that piece or parcel of land, containing by admeasurement 1 rood 32 perches, situate in the city of Sydney, parish of Alexandria, county of Cumberland, being allotment 1 of section 12 of a Govern ment subdivision at Woolloomooloo Bay, commencing at the inter section of the southern side of Nicholson-street with the eastern side of Bourke-street, and bounded thence on the west by the latter street southerly 70 feet to Wilson-street; thence on the south by that street easterly 283 feet 9 inches to Forbes-street; thence on tbe east by that street northerly 70 feet to Nicholson-street before mentioned; and thence on the north by that street westerly 283 feet 9 inches to tbe point of commencement, as indicated on plans catalogued S. 299-853 and S. 299a-858, in the Department of Lands.

S econd P art.

All that piece or parcel of land situated in the city of Sydney, county of Cumberland, parish of Alexandria, commencing at the intersection of the north-western side of Cook-road with the southern side of Park-road, and bounded thence by the latter road westerly to its intersection with a north-eastern corner of an area of 23 acres 2 roods 271 perches dedicated for military purposes l&th October, 1899; thence by south-eastern and north-eastern boundaries of that area, and by the north-eastern boundary of an area of 2 acres vested in the Eoyal Agricultural Society of New South Wales, being linos south-westerly and south-easterly to the north-eastern corner of the last-mentioned area; thence by part of the south-eastern boundai’y of that land south-westerly to the north-western corner of an area of 3 acres 1 rood 1 perch vested in the Eoyal Agricultural Society of New South Wales; thence by the north-eastern boundary of the said land south-easterly to the north-western side of Cook-road before mentioned; and thence by that road north-easterly to the point of commencement, as shown on plan catalogued !Ms. 4,339 Sy., in the Department of Lands. , ' I : .

FOURTH

Government Railways (Amendment) Act.

215

No. 34,1929.

FOTJETH SCHEDULE.

Sec. 15.

Description of land affected by realignment of part of tbe eastern side of George-street, between Goulburn and Campbell streets:

All that piece or parcel of land, containing an area of 1 | perches, situate in the city of Sydney, pariah of St. Lawrence, county of Cum berland, and State of New South Wales, being part of properties known os Nos. 706 to 718 inclusive George-street, commencing at a point on the eastern building line of George-street, said point bearing 182 degrees 52 minutes 50 seconds, and distant 149 feet Yj inches from the intersection of the said eastern building line of George-street with the southern building lino of Goulburn-strect, and bounded thence on the west by that building lino of Goorge-street being lines bearing 182 degrees 52 minutes 50 seconds, distant 85 feet 2J inches, and 173 degrees 18 minutes 20 seconds, distant 74 feet 6 | inches; thence on the east by a lino parallel to and distant 82 feet from the western building line of George-street, bearing 358 degrees 24 minutes 50 seconds, distant 159 feet 23 inches, to the point of commencement.