Cockatoo and Schnapper Islands Act 1949
Act No. 30 of 1949 as amended
This compilation was prepared on 23 April 2004
taking into account amendments up to Act No. 216 of 1973
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
4 Interpretation
5 Title to Cockatoo Island, etc.
6 Powers of Minister
Notes
An Act to provide for the Control and Management of Cockatoo Island and Schnapper Island.
1 Short title [see Note 1]
This Act may be cited as the Cockatoo and Schnapper Islands Act 1949.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
Cockatoo Island means the island situated in the Harbour of Port Jackson in the State of New South Wales and known as Cockatoo Island.
Schnapper Island means the island situated in the Harbour of Port Jackson in the State of New South Wales and known as Schnapper Island.
the Australian Commonwealth Shipping Board means the Australian Commonwealth Shipping Board constituted under the Commonwealth Shipping Act 1923.
5 Title to Cockatoo Island, etc.
(1) All right, title and interest of the Australian Commonwealth Shipping Board in and to Cockatoo Island and Schnapper Island are, by force of this Act, transferred to and vested in the Commonwealth.
(2) All rights, property, assets, obligations and liabilities of the Australian Commonwealth Shipping Board (including all right, title and interest of that Board in and to all improvements, buildings, structures, erections, dockyards, machinery, tools, plant, craft, furniture and fittings on Cockatoo Island or Schnapper Island) shall, by force of this Act, be vested in or imposed on the Commonwealth, and, in any contract, agreement or other instrument to which the Australian Commonwealth Shipping Board is a party, any reference to that Board shall be read as a reference to the Commonwealth.
6 Powers of Minister
The Minister shall have power, subject to any lease of Cockatoo Island or Schnapper Island, to control and manage those Islands and the works and establishments on those Islands.
Notes to the Cockatoo and Schnapper Islands Act 1949
Note 1
The Cockatoo and Schnapper Islands Act 1949 as shown in this compilation comprises Act No. 30, 1949 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Cockatoo and Schnapper Islands Act 1949 | 30, 1949 | 12 July 1949 | 4 Sept 1950 (see Gazette 1950, p. 2227) | |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title.................... | am. No. 216, 1973 |
S. 3.................... | rep. No. 216, 1973 |
S. 5.................... | am. No. 216, 1973 |
Overview
The Cockatoo and Schnapper Islands Act 1949, enacted by the Parliament of Australia, was introduced to address the need for the control and management of Cockatoo Island and Schnapper Island. This legislation was designed to transfer the right, title, and interest of the Australian Commonwealth Shipping Board in and to Cockatoo Island and Schnapper Island to the Commonwealth, thereby vesting all rights, property, assets, obligations, and liabilities of the Board in the Commonwealth. The primary objective of this Act, as stated, is to provide for the effective management and control of these islands, including their works and establishments. The Minister is granted the authority to oversee and manage the islands, subject to any existing leases. The Act also stipulates that references to the Australian Commonwealth Shipping Board in any contract or agreement shall be interpreted as references to the Commonwealth.
Scope and Application
The Cockatoo and Schnapper Islands Act 1949 applies to the specific geographic locations of Cockatoo Island and Schnapper Island, situated in the Harbour of Port Jackson in the State of New South Wales, and addresses the transfer of rights, title, and interests from the Australian Commonwealth Shipping Board to the Commonwealth. This Act transfers all rights, property, assets, obligations, and liabilities of the Australian Commonwealth Shipping Board pertaining to the islands, including improvements, buildings, structures, machinery, and other assets, to the Commonwealth. The Act also vests in the Commonwealth any reference to the Australian Commonwealth Shipping Board in contracts, agreements, or other instruments. The Minister is empowered to control and manage Cockatoo Island, Schnapper Island, and any works or establishments on those islands, subject to any existing leases. The Act's jurisdictional reach is confined to the islands within the state of New South Wales. The operation and commencement of the Act can be modified by the Governor-General through a Proclamation, and any amendments or revisions to the Act are documented in the Notes section, including application, saving, or transitional provisions.
Key Provisions
The Cockatoo and Schnapper Islands Act 1949, as amended, governs the control and management of Cockatoo Island and Schnapper Island. Section 5 of the Act transfers all rights, titles, and interests of the Australian Commonwealth Shipping Board in and to Cockatoo Island and Schnapper Island to the Commonwealth. This includes any improvements, buildings, structures, machinery, and other assets located on the islands. It also stipulates that any references to the Australian Commonwealth Shipping Board in existing contracts or agreements should be read as references to the Commonwealth. The Minister, as per Section 6, is empowered to control and manage these islands and any works or establishments on them, subject to any existing leases.
The Act imposes obligations on the Commonwealth to manage Cockatoo Island and Schnapper Island effectively, ensuring that any existing rights and interests are preserved and that the islands are used for lawful purposes. The Commonwealth must also maintain the properties and assets on the islands in good condition and ensure that any activities on the islands comply with relevant laws and regulations. The Minister's powers under Section 6 include the authority to make rules or regulations for the administration and management of the islands, provided they do not conflict with the overarching objectives of the Act.
Breaches of the Act or regulations made under it can result in various penalties. Civil consequences may include fines or other financial penalties as determined by a court. For example, if an entity fails to maintain the properties on the islands as required, they could be subject to fines. Criminal penalties may apply in more severe cases, such as illegal activities conducted on the islands. The maximum penalties for such offences are not explicitly stated in the Act but could vary based on the specific breach and the jurisdiction's laws. It is also possible for the Minister to take administrative actions, such as revoking leases or imposing additional restrictions, in response to non-compliance.