The Port Augusta Wharves Act 1882 (SA)

~Br; s0 QUADRAGESIMO QIJIKTO ET QUADRAGESIMO

SExrl'O

A. D. 1882.

No. 270.

An Act to authorise the Leasing of portion of the Waste Lands of the Crown forming the foreshore at Port Augusta, for the construction of Wharves.

[Asseded to, Nove~~zber r7t4 1882.1

-IAS the Township of Port Augusta and the district Premble.

W """" tion of a continuous line of wharves on the foreshore situate at Port adjacent thereto would be grcatly iinproved by the construc- Augusta aforesaid--& it therefore Enacted by the Governor of the Province of South Australia, with the aclrice and consmt of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

ditions and with such powers as the Governor may think fit.

1, This Act may be cited as " The Port Augusta Whurves Titla of A C ~.

Act, 1882."

2. The Governor may demise to the owner of the land ad- Governor may lease

joining, for the purposes of the erection and construction thereon lands ~t Port Auguntn	for shames.
and thereto of a continuous line of wharves along the wholc of the water-frontages referred to in the Schedule, any portions of the waste lands of the Crown situate at and adjacent to Port Augusta, and described in the Schedule hereto, for any term of pears not exceeding fifty years, at an annual rental of Pivc Shillings per foot frontage to the stream cluring thc first tcn yeus of the term of any such lease, at an annual rental of Ten Shillings per foot
frontago for thc second twenty years of the tcrm of any such lease,
and at an annual rental of One Pound per foot frontage for the remainder of the tcrm of any such lease, on such terms and con-

3, 45" & 46" VICTORIA5, No. 270.

The Port Auyusta Wharves Act.-1882.

- -- pp p p.

Tenancy may be

determined at any 3, It shall be lawful for the Governor, a t any time during the

time on giving notioe continuance of any lease? to determine the sarnb? and to resume posses.

"- sion of the lands comprised therein, by giving to the lessee for the time

and pmvernente. pa*g

being of the lands proposed to be resumed twelve months' notice of his intention so to do: Provided, however, that in case of such determination or resumption the lessee for the time being of such resumed land shall be entitled to receive compensation from the Treasurer of the said province (who is hereby authorised to pay the same), out of any moneys that may hereafter be appropriated by Parliament for the purposr, the amount of such cornpcnsa.tion to be ascertained, in case of a disagreement, by a reference to two arbi- trators, one to be appainted by the Governor and the other by the lessee, with power to appoint an umpire: Providcd also, that the Governor may, at any time and from time to time, resume any portion of the said land for roads or railways withont payment of any compensation,

~ o t to prevent con- 4.

Nothing in this Act shall cntitle any lessee hereunder to any compensation by reason of the Government at any time herea-fter erecting, or permitting tr? bc erected, any wharves on any other lands of the Crown at or near Port Augusta, or by reason of such lessees being deprived at the end, or, except as hercinbefore pro- vided, at the sooner determination of their term, or by virtue of this Act, of the water frontages to which they were previously entitled;

struction of other

wharves.

and after the end or sooner determination of the said term, no

person shall have any interest in or right in respect of m y waste

lands hercby autl~orised to be demised.

Governor may	. make	5, The Governor may from time to time make and publish r e p - lations fixing the amounts to be charged fbr wharfage rates and tonnage dues at any wharf to be constructed on any portion of the land described in the Schedule; and until such regulations arc made and published, the rates and dues to be charfed shall not
regulations as	t o
charges.
exceed by more than one-fourth those payable for similar services at Port Adelaide.

Time within which 6, No lease of any of the waste lands of thc Crown adjoining

beapp"P"Or.

the allotments referred to in the Schedule, numbered l to 8, both

inclusive, shall be granted unless the owners of a11 the said sllot~

ments shall make application for leases on or before the first day

of January, one thousand eight hundrcd and eighty-four: And

no lease of any of the waste lands of the Crown adjoining the

allotments referred to in the Schedule, and numbered 9 to 16, both

inclusive, shall be granted unless the owners of all the said allot-

ments shall make application for leases on or before the first day

of January, one thousand eight hundred and eighty-five: And no

lease of any of the waste lands of the Crown adjoining thc allot-

ments referred to in the Schedule, and numbered 116 to 119, both

inclusive, and 120 to 123, both inclusive, shall be granted unless

the owners of all the said allotments shall make application for

1crcses

450 & 46" VICTORIA, No. 270.

The Port dugusta JVharces Act.-1882.

--

leases on or before the first day of January, one thousand eight

hundred and eightysix.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMM3ND JERVOIS, Governor.

THE

VICTORIE, No.

The Port Azrgzlsta FYIiarves Act.-1882.

THE SCHEDULE REFERRED TO.

Comprising all that portion of the water frontage north-west of the town of Port Augusta, Hundred of Davenport, bounded as follows :-Commencing at the west corner of allotment 1, township of Port Augusta; thence north-easterly along the north-western bonndaries of allotments 1, 2, 3, and 4, across Commercial Road to the west corner of allotment 5 ; thence north-easterly along the north-western boundaries of allotments 5, 6, 7, and 8, to the north corner of the latter allotment; thence north-north-easterly across Marryatt-street, and along the north-western boundaries of allotments 9, 10, 11, and 12, across the road to the west corner of allotment 13, and along the north-western boundary of said allotment to its north-

west corner; thence north-easterly along the north-western boundaries of allotments

14, 15, and 16, to the north corner oi the latter allotment; thcncc north-north- easterly across the rnad and along thc north+western boundaries of sections 123, 122,

121, and 120, across the road and along the north-western boundaries of sections

119, 115, 117, and 116, to the north corner of the lattel. section; theme north- westerly, by the production of the north-eastern boundary ~f section 11G, for about 367 links; thcnce south-westerly, by n line 350 links north-west of, and parallel to, the north-western boundaries of sections 116 and 120, for 26 chains; thence south- westerly, by a straight line to n point on the north-castern boundary of the railway reserve, 350 links, north-westerly from the west corner of allotment 1; thence south-easterly, along said railway reserve boundary, to the west corner of allotment

1, the point of commencement.

--p p.

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Adelaide : By authority, E. SPILLER, Go~ornment Printer, North-terrace.