War Service Homes Regulations (Amendment) (Cth)

STATUTORY RULES.

1956. No..

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REGULATION’S UNDER THE WAR SERVICE HOMES ACT 1918-1955.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth, of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service Homes Act 1918-1955.

Dated this twenty-first day of February, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command

Minister of State for Social Services.

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Amendments of the War Service Homes Regulations. 

Parts.

1. Regulation 3 of the War Service Homes Regulations is amended by omitting the words “ Lands Acquisition Act 1906-1934 ” and inserting in their stead the words “ Lands Acquisition Act 1955 ”.

2. Part V. of the War Service Homos Regulations is repealed and the following Part inserted in its stead :—

“ Part V.—Modification and Adaptations of the Lands Acquisition Act 1955.

Modifications and adaptations of Lands Acquisition Act 1955.

27. The provisions of the Lands Acquisition Act 1955 are, for the purposes of their application in relation to land acquired or to be acquired by agreement or by compulsory process under section sixteen of the Act, modified and adapted as provided in this Part.

References to Commonwealth and Minister.

“ 27a. The Lands Acquisition Act 1955 is modified and adapted—

(a) by substituting the word ‘ Director ’ for the word ‘ Commonwealth ’ (wherever occurring) except—

(i) in the expression ‘ Territory of the Commonwealth ’;

(ii) in paragraph (b) of sub-section (5.) of section thirty-nine; and

(iii) where second occurring in section fifty-two; and

 

* Notified in the Commonwealth Gazette on , 1956.

  Statutory Rules 1980, No. 74, as amended by Statutory Rules 1945, No. 202; 1946, No. 60; 1947, No. 93; 1949, Nos. 13 and 20; and 1951, No. 16.

6235/55.—Price 3d. 9/30.11.1955.

(b) by substituting for the words ‘ the Minister ’ in sub-section (8.) of section nine and section fifty-two the words ‘ the Minister for the time being administering the War Service Homes Act 1918-1955 ’, and by substituting for the word ‘ Minister ’, wherever else occurring, the word ‘ Director ’.

Repeal and saving.

“ 27b. Section three of the Lands Acquisition Act 1955 is modified by omitting sub-section (2.).

Interpretation.

“ 27c. Section five of the Lands Acquisition Act 1955 is modified and adapted—

(a) by omitting from sub-section (1.) the definition of ‘ public purpose ’; and

(b) by inserting in sub-section (1.), after the definition of ‘ the date of acquisition ’, the following definition :—

‘ “ the Director” means the Director of War Service Homes, and includes—

(a) a person for the time being performing the duties of the office of Director of War Service Homes; and

(b)in relation to the exercise of powers and functions that have boon delegated by the Director to a person under section fourteen of the War Service Homes Act 1918-1955, that person ;’.

Modes of acquisition.

“ 27d. Section six of the Lands Acquisition Act 1955 is modified and adapted by omitting from sub-section (1.) the words ‘ for a public purpose ’ and inserting in their stead the words ‘ for the purposes of the War Service Homes Act 1918-1955 ’.

“ 27e. Section seven of the Lands Acquisition Act 1955 is modified and adapted so as to read as follows:—

Acquisition of easements &c.

“ 7. The land which may be acquired by the Director by agreement may be an casement, right, power, privilege or other interest, which did not previously exist as such, in, over or in connexion with land.’.

“ 27f. Section nine of the Lands Acquisition Act 1955 is modified and adapted—

(a) by omitting from sub-section (1.) the words ‘ The Minister shall not recommend to the Governor-General the acquisition by the Commonwealth of land by compulsory process ’ and inserting in their stead the words ‘ The Director shall not acquire land by compulsory process ’; and

(b) by omitting from sub-section (4.) all the words after the words ‘ that acquisition ’.

Compulsory acquisition.

“ 27g. Section ten of the Lands Acquisition Act 1955 is modified and adapted—

(a)by omitting sub-sections (l.), (2.) and (3.) and inserting in their stead the following sub-section:—

‘ (1.) Without prejudice to the liability of the Director under any contract for the acquisition of land by agreement, whore—

(a) a period of twenty-eight days has expired after the service of a notice to treat, or of notices to treat, in relation to land; or

(b) the Minister has given a certificate under subsection (8.) of section nine of this Act in relation to land,

the Director may, by notice published in the Gazette, declare that the land is acquired by the Director of War Service Homes for the purposes of the War Service Homes Act 1918-1955.’; and

(b) by omitting from sub-section (6.) the words ‘ An authorization by the Governor-General under sub-section (2.) of this section ’ and inserting in their stead the words ‘ A notice published in the Gazette by the Director under sub-section (1.) of this section ’.

Powers of Houses of Parliament to avoid acquisitions.

“ 27h. Section twelve of the Lands Acquisition Act 1955 is modified and adapted by omitting from sub-section (1.) the words ‘ sub-section (3.) of section ten ’ and inserting in their stead the words ‘ sub-section (1.) of section ten ’.

Power to occupy lands temporarily.

“ 27j. Section seventeen of the Lands Acquisition Act 1955 is modified and adapted by omitting the words ‘ connected with the carrying out of a public purpose ’ and inserting in their stead the words ‘ being carried out or to be carried out by or on behalf of the Director ’.

Power to take materials, make roads, &c., on or from adjacent lands.

“ 27k. Section eighteen of the Lands Acquisition Act 1955 is modified and adapted by omitting from paragraph (a) of sub-section (1.) the words ‘ a public purpose ’ and inserting in their stead the words ‘ any works by or on behalf of the Director ’.

Agreement as to amount of compensation before acquisition.

“ 27l. Section twenty-four of the Lands Acquisition Act 1955 is modified and adapted by omitting from sub-section (1.) the words ‘ The Minister may, on behalf of the Commonwealth, ’ and inserting in their stead the words ‘ The Director may ’.

Omission of certain sections.

“ 27m. The Lands Acquisition Act 1955 is modified by omitting sections fifty-three, fifty-four, sixty, sixty-one, sixty-four and sixty-five.”.

Saving.

3. Notwithstanding the repeal effected by the last preceding regulation, the provisions of Part V. of the War Service Homes Regulations, as in force immediately before the date of commencement of the Lands Acquisition Act 1955, continue to apply in relation to the acquisition of land acquired or agreed to be acquired before that date and in relation to compensation in respect of any such acquisition.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.