LANDS ACQUISITION (DEFENCE).
No. 5 of 1918.
An Act to enable the Commonwealth to acquire certain Lands for Defence purposes.
[Assented to 28th May, 1918.]
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 Lands Acquisition (Defence) Act 1918.
Power to acquire land described in Schedule.
2. Notwithstanding anything contained in the definition of “land” in section five of the Lands Acquisition Act 1906–1916, the Commonwealth may acquire under that Act so much of the land described in the Schedule to this Act as consists of a public park vested in or under the control of a municipal or local authority and dedicated to or reserved for the recreation of the people.
THE SCHEDULE.
All that piece or parcel of land in the municipality of Leichhardt, at Long Cove, city of Sydney, parish of Petersham, county of Cumberland, State of New South Wales, Commonwealth of Australia: Commencing at the intersection of a southern side of Canal-road with the south-western side of Charles-street: thence by part of the south-western side of Charles-street, bearing 166 degs. 29 mins. to its intersection with the south-eastern side of Recreation-street, being also the north-western
The Schedule—continued.
boundary of land the property of the Chief Commissioner for Railways; thence by part of that boundary bearing 256 degs. 29 mins. to its intersection with the northeastern side of a passage-way 10 links wide; thence by part of that side of that passage-way bearing 294 deg. 27 mins. 18 secs. 828.61 links to its intersection with a south-eastern side of Canal-road before mentioned; thence by south-eastern and southern sides of that road being lines bearing 16 degs. 38 mins. 599.6 links and 26 degs. 57 mins. 3.8 links; an arc of a circle 315.85 links in length, the chord of which bears 42 degs. 25 mins. 50 secs. 312.22 links, whose radius is 585 links in length and whose centre lies to the south-east; an arc of a circle 410.62 links in length, the chord of which bears 78 degs. 32 mins. 45 secs. 401.8 links, whose radius is 570 links in length, and whose centre lies to the south; and a line bearing 99 degs. 11 mins. 53.03 links to the commencing point, and more particularly shown on plan catalogued Ms. 4767. SY Roll in the Department of Lands of the State of New South Wales.
Overview
The Lands Acquisition (Defence) Act 1918 was enacted by the Australian Parliament to address the urgent need for land acquisition by the Commonwealth for defence purposes. This legislation enabled the Commonwealth to acquire specific land parcels, particularly public parks under the control of municipal or local authorities, for defence-related purposes. The Act specifically overrides the limitations in the Lands Acquisition Act 1906-1916 regarding the definition of "land" to facilitate the acquisition of public parklands. The policy objective is to ensure that the Commonwealth has the necessary land resources to support national defence efforts, with a particular focus on areas that are strategically significant.
Scope and Application
The Lands Acquisition (Defence) Act 1918 applies specifically to the Commonwealth's authority to acquire land for defence purposes, focusing on a particular piece of land in the municipality of Leichhardt at Long Cove, Sydney, New South Wales. The Act allows the Commonwealth to acquire land that is a public park under the control of a municipal or local authority and designated for public recreation. This acquisition is carried out under the provisions of the Lands Acquisition Act 1906-1916, overriding any other definitions of "land" within that Act. The Act explicitly details the geographic boundaries of the land to be acquired, providing a comprehensive description that includes bearings and measurements, and referencing a specific plan catalogued in the Department of Lands of the State of New South Wales. The Act does not specify any exclusions, exemptions, or thresholds, and its application is confined to the defined area without any extension through subordinate instruments.
Key Provisions
The Lands Acquisition (Defence) Act 1918 (hereafter referred to as the "Act") primarily authorises the Commonwealth to acquire specific lands for defence purposes. Section 2 of the Act specifies that the Commonwealth can acquire land as described in the Schedule, which includes a public park in the municipality of Leichhardt, Long Cove, Sydney. This acquisition is permissible notwithstanding any definitions in the Lands Acquisition Act 1906–1916. The Schedule provides detailed boundaries of the land, including various bearings and distances, and is also referenced to a specific plan in the Department of Lands of New South Wales.
The Act imposes several obligations on the parties involved. The Commonwealth is authorised to exercise its power to acquire the specified land for defence purposes, ensuring that the land can be utilised effectively for national security needs. The local authorities and municipal bodies in control of the land must comply with the Act's provisions, potentially requiring them to facilitate the transfer of the land to the Commonwealth. Moreover, the Act mandates that the acquisition process adheres to the terms outlined within it, ensuring transparency and legal compliance in the transaction.
The Act also delineates potential consequences for breaches of its provisions. While the Act itself does not explicitly detail specific offences, penalties, or civil/criminal consequences, it is governed under broader legislative frameworks. Generally, non-compliance with land acquisition acts in Australia can lead to legal disputes, fines, and other civil or administrative penalties. The exact penalties would depend on the specific breach and relevant state or territory laws, but they could potentially include substantial fines or other forms of redress.