Woolloomooloo Bay Land Reclamation Act of 1862 No 13a (NSW)

1862. 26« VIC. No. 3.

Woolloomooloo Bay Land Reclamation.

No. III.

An Act to authorize the reclaiming and improving ^bay°l” °

of Land in Woolloomooloo Bay.	\lth October,
1862.]

^ ^ y i lE R E A S it is expedient to reclaim and improve certain land lying Preamble.

T T beyond high-water mark in Woolloomooloo Bay Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1. I t shall be lawful for the Governor with the advice of the itcciamation and

Executive Council to cause to bo reclaimed from the waters of Port Jackson the land lying beyond high-water mark in Woolloomooloo Bay which is described in the Schedule hereto and either to let or sell the same or any part thereof by public auction in one lot or in separate allot­ ments subject to such conditions reservations and restrictions as shall be deemed fit and to lay down construct or erect thereon or on any part thereof any streets roads jetties sewers or other public works or public buildings or any dwelling-houses shops stores or warehouses and cither to apply the same to any public purposes or to let or sell as aforesaid any such dwelling-houses shops stores or warehouses from time to time subject to any conditions reservations or restrictions as aforesaid Provided that one month’s previous notice of such reclamation and of any and every such work as aforesaid and of any and every such letting or sale shall be published in the Gazette And the whole net proceeds arising from any rent sale or letting as aforesaid shall be paid to the Colonial Treasurer and be by him carried to the Consolidated Revenue Fund of the Colony.

2. The owner of any land severed from immediate contact with compensation for

the water in consequence of any such reclamation as aforesaid shall be damage sustained by

entitled to compensation for the damage if any so sustained to his property

and such damage shall in every case be determined by appraisement

in manner hereinafter provided regard being had in such appraisement

to any increased value conferred upon such land by any public work or

other improvements now in course of construction or which may hereafter

be constructed or erected under the provisions of this Act Provided that proviso

in such appraisement regard shall be had to the value of any reclamation or improvements made by the owners of such land and which may not have been or be alienated under the Crown Lands Alienation Act of 1861.

3 . Every appraisement under this Act shall be conducted as Appraisement,

follows:—

(1.) The Minister for Lands or some person authorized in that Appointment of

behalf by him and the owner of the land may concur in the appointment of a single appraiser or in default of such con­ currence each such party shall appoint an appraiser And every such appointment shall be made by the respective parties under their hands in wi’iting and delivered to the appraiser or the appraisers as the case may be and .shall be attached to the appraisement when made and shall be deemed a submission to appraisement by the parties making the same.

, (2.) After the making of any such appointment the same shall Ono« made not to be

■

not be revoked without the consent of both parties nor shall

the death of either party operate as a revocation.

( 3 . )

I f for sixty days after a request in writing shall have been second not appointed

served by one party who has himself duly appointed an

appraiser ‘ '

No. 3. 26̂ YIC. 1862.

Woolloomooloo Bay Land Reclamation.

appraiser upon the other party accompanied by a copy of such appointment such other party fail to appoint an appraiser the one so first appointed shall act on behalf of both parties.

Supplying accidental

vacancy of either	(4.) I f before the determination of any matter so referred either of two appraisers die or become incapable to act the party by whom he was appointed may appoint in writing in his stead another person who shall have the same powers and authorities and if such new appointment be not made within sixty days after a request in Avriting from the other party in that behalf the remaining appraiser may act alone.
appraiser.
New appointment
instead of single	(5.) In case a single appraiser die or become incapable to act before

appraiser. the making of his appraisement or fail to make his appraise­ ment Avithin sixty days after his appointment or Avithin such extended time if any not exceeding thirty days as shall haA-o been duh" fixed by him for that purpose by indorsement on the appointment the matter referred to him shall be again referred to appraisement as if no former appointment had been made.

Appointment of (6.) Where tAVO appraisers shall haA'e been appointed they shall

nmpiro. before entering upon the appraisement appoint by writing under their hands an umpire and if such umpire die or become incapable to act another umpire in his stead and in case the appraisers neglect or refuse to appoint an umpire AA'ithin thirty days after being requested so to do by any party to the reference the Minister for Lands or such authorized person as aforesaid may appoint an umpire.

When umpire to act.	(T.) In case appraisers fail to make their appraisement Avithin sixty days after the day on Avhich the last of them Avas appointed or Avithin such extended time if any not exceeding thirty days as shall have been duly appointed by them for that purpose the matter referred shall be determined by the umpire.
■	: •
Appraisement to be
final.	(8.) Every appraisement in pursuance of this Act A\diether made by one appraiser tAAm appraisers or by an umpire shall be final and conclusive upon all persons and to all intents and purposes.

.

Appraiser may	4. Any appraiser or umpire appointed under this Act may require the production of such documents in the possession or power of any party to the reference as he may think necessary for determining the matter referred and may examine the parties as witnesses and any other AAutnesses on oath.
require documents.
Costs.	5. A ll costs of and consequent upon every reference to appraise­ ment under this Act shall be in the discretion of the appraiser appraisers or umpire by whom the matter is determined.
Submission may be
made a Kule of	6. Any submission to appraisement under this Act may be made 7. Before any appraiser or umpire shall enter upon the con­ sideration of any matter referred to him under this Act he shall subscribe a declaration in the form following before a Justice of the Peace :—
Court.	a Rule of the Supreme Court on the application of either party thereto.
Declaration.

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 “ Woolloomooloo Bay Land Reclamation Act of 1862.”

And such declaration shall be annexed to the appraisement when made.

1862, 26̂ YIC. No. 4. 5

Gmipoiccler Export Bestriction.

8. Every appraisement under this Act shall ho in writing and

shall be transmitted to the Minister for Lands and deposited in	•
Office.

9. This Act shall he styled and may he cited as the ‘‘ Woolloomooloo

Bay Land Reclamation Act of 1862.”

SCHEDULE.

That part of Woolloomooloo Bay commencing at the completed portion of the Circular Wharf in that Bay lying north-west from the north-west corner of Messrs. Elliott and Com­ pany’s Coal Wharf and bounded oh the north by that Circular Wharf now in course of erection to a point about two hundred and sixty feet south-casierly from the boat jolty on tho wc.st side of the Bay and thence by a lino west to the original liigh water mark and on the wc.st south and oast by that original high water mark to its intersection with a lino cast from tho point of commencement and by that line to the point of commencement.