DARWIN LANDS ACQUISITION.
No. 24 of 1945.
An Act to authorize the acquisition by the Commonwealth, for certain purposes, of land in the Northern Territory of Australia comprised in the Town of Darwin and its environs, and for other purposes.
[Assented to 16th August, 1945.]
[Date of commencement, 13th September, 1945.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Darwin Lands Acquisition Act 1945.
Definitions.
2. In this Act—
“the Act” means the Lands Acquisition Act 1906–1936, as applied by the Lands Acquisition Ordinance 1911–1926 of the Territory, subject to any modifications of that Act in its
application to the Territory made by that Ordinance or by any other Ordinance of the Territory, whether made before or after the commencement of this Act;
“the Territory” means the Northern Territory of Australia.
Certain land may be acquired
3. Subject to this Act, the land in the Territory described in the Schedule to this Act, being land comprised in the Town of Darwin and its environs, may be acquired, whether by agreement or by compulsory process, in accordance with the provisions of the Act, for either or both of the following purposes, which shall be deemed to be public purposes of the Territory, namely:—
(a) The re-planning and development of the Town of Darwin and its environs; and
(b) The institution of a system of leasehold tenure from the Crown in respect of any such land.
Date as at which land to be valued.
4. The value of any land acquired in pursuance of this Act by compulsory process shall, notwithstanding the provisions of section twenty-nine of the Act, be assessed according to the value of the land on the date of acquisition, without reference to any increase in value arising from the proposal to carry out any purpose specified in section three of this Act.
Appropriation.
5. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, such sums as are necessary for the purpose of paying the consideration agreed to be paid. or the compensation payable, in respect of the acquisition of land in pursuance of this Act.
Acquired land to be Crown land of the Territory.
6. Land acquired in pursuance of this Act shall become Crown land of the Territory.
THE SCHEDULE.
Section 3.
All that land containing an area of ninety square miles be the same more or less being part of the Hundreds of Sanderson and Bagot County of Palmerston Northern Territory of Australia commencing on Low Water Mark of the Timor Sea at Shoal Bay at its intersection with the prolongation northerly of the western side of the road west of Section 21 Hundred of Sanderson and bounded thence by that prolongation and part of that side of that road southerly to the northeastern corner of Section 119 Hundred of Bagot thence by part of the southern side of a road easterly to the Northwestern corner of Section 121 Hundred of Bagot thence by the western boundaries of Sections 121, 116, 111, 106, 101 and their prolongation southerly to the northwestern corner of Section 94 Hundred of Bagot thence by the western boundaries of Sections 94, 89, 61, 66 and 72 Hundred of Bagot southerly to the southwestern corner of that Section 72 thence by part of the northern side of a road and its prolongation westerly to the eastern boundary of Section 397 Hundred of Bagot thence by part of the western side of a road and its prolongation southerly to its intersection with the centre of Hudson Creek thence by the centre of that Creek downwards to Low Water Mark of Port Darwin at East Arm thence by Low Water Mark of Port Darwin and of the Timor Sea generally westerly northerly northeasterly and southeasterly to the point of commencement and including all land held for any estate or interest whatsoever and all land used for any purpose whatsoever pursuant to or under any licence authority or permission and all land so held or used below and contiguous to the said Low Water Marks and all tanks water pumping apparatus or appliances wharves jetties breakwaters and other erections structures fences and fixtures in or upon the said lands.
Overview
The Darwin Lands Acquisition Act 1945 was enacted to facilitate the acquisition by the Commonwealth of specific land within the Northern Territory of Australia, specifically in and around the Town of Darwin. The Act was introduced to address the need for the re-planning and development of the Town of Darwin and its environs, as well as to establish a system of leasehold tenure from the Crown for the acquired land. This Act was passed by the Parliament of Australia and received Royal Assent on 16th August 1945, commencing on 13th September 1945. The primary policy objective of this Act was to ensure that the acquisition of the specified land could be undertaken efficiently and effectively for the designated public purposes of the Territory.
The Act authorises the acquisition of the land, whether by agreement or through compulsory processes, in accordance with the provisions of the Lands Acquisition Act 1906–1936, as applied by the Lands Acquisition Ordinance 1911–1926 of the Territory. The value of any land acquired compulsorily is to be assessed according to its value on the date of acquisition, without considering any increase in value due to the proposed purposes outlined in the Act. The funds necessary for paying the consideration or compensation are to be paid out of the Consolidated Revenue Fund, which is appropriated for this purpose. The land acquired under this Act becomes Crown land of the Territory.
Scope and Application
The Darwin Lands Acquisition Act 1945 applies to the acquisition of land in the Northern Territory of Australia, specifically within the Town of Darwin and its environs, for the purposes of re-planning and development as well as the establishment of a leasehold tenure system. This Act authorises the Commonwealth to acquire such land either by agreement or through compulsory processes, subject to the provisions outlined in the Lands Acquisition Act 1906–1936, as modified by the Lands Acquisition Ordinance 1911–1926 of the Territory. The land to be acquired, valued at the date of acquisition, is designated as Crown land of the Territory following its acquisition. The Act provides for the appropriation of necessary funds from the Consolidated Revenue Fund to cover the compensation payable for the land acquired. The specific parcels of land to be acquired are detailed in the Act's Schedule, which describes a delineated area of approximately ninety square miles within the Hundreds of Sanderson and Bagot in the County of Palmerston.
Key Provisions
The Darwin Lands Acquisition Act 1945 (sections 1-6) establishes the authority and procedures for the Commonwealth to acquire specific land in the Northern Territory, within and around the Town of Darwin. The Act permits the acquisition of land for the purposes of re-planning and developing the area and instituting a system of leasehold tenure from the Crown (section 3). The value of the land to be acquired by compulsory process is to be assessed based on its value on the date of acquisition, without considering any potential increase due to the proposed purposes (section 4). The appropriation of necessary funds from the Consolidated Revenue Fund for this acquisition is authorised (section 5), and any acquired land will become Crown land of the Territory (section 6).
The Act imposes obligations on the parties involved in the land acquisition process. The Commonwealth is authorised to acquire land in accordance with the provisions of the Lands Acquisition Act 1906-1936, as applied by the Lands Acquisition Ordinance 1911-1926 of the Territory (section 2). The value of the land to be acquired is to be assessed according to its value on the date of acquisition (section 4). The necessary funds for the acquisition are to be paid out of the Consolidated Revenue Fund (section 5), and any acquired land will become Crown land of the Territory (section 6).
There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the text of the Darwin Lands Acquisition Act 1945. However, the acquisition process must follow the provisions of the Lands Acquisition Act 1906-1936 and the Lands Acquisition Ordinance 1911-1926 of the Territory. Failure to comply with these provisions may result in legal consequences, such as disputes over the value of the land or the acquisition process itself. The specific penalties or consequences for such breaches would be determined by the applicable laws and regulations in force at the time of the breach.