Sydney Corporation (Amendment) Act 1908 (NSW)

A c t No. 27, 1908.

An A c t to provide for the

making' and

l e v y i n g

of rates on the un improved capital value of land in the (Jity of S y d n e y ; for the suspens ion in the said c i ty of certain Ac t s re lat ing to land t a x ; to inc lude the munic ipal i ty of Camperdown in the said c i ty ; to v e s t in the council certain lands and certain public places and public ins t i tut ions ; to authorise the counci l to establish and maintain milk depots ; for w i d e n i n g El izabeth-s treet and L iverpoo l - s t ree t ; for the payment of certain sums by the counci l to the Treasury; to authorise the counci l to resume certain lands and borrow certain m o n e y s ; to amend the S y d n e y Corporation Act , 1902, the Publ ic Hea l th Act . 1902, the H y d e , (<ook, and Phi l l ip Parks Act , 1904, and other A c t s ; and for purposes consequent thereon or incidental

thereto .

[22nd

December,

1908.]

3 E	i t enacted by the K ing ' s Mos t Exce l l en t Majesty , byr and wi th
I f	t h e advice and consent of t he Legis la t ive Counci l and Legislat ive

P A R I 1

Assembly of N e w

South

Wales in P a r l i a m e n t assembled, and by the

au tho r i t y of the same, as follows : —

P A R T

I .

P R E L I M I N A R Y .

1. This Act m a y b e cited as t h e " Sydney Corporat ion

(Amend­

men t ) Act , 1 9 0 8 , " and shall be const rued with the Sydney Corporat ion

Act , 1 9 0 2 , hereinaf ter

referred to as t he Pr inc ipa l

Act .

2. This Act is divided into Pa r t s , as follows :—

P A R T

I . — P R E L I M I N A R Y — s s .

1 - 2 .

P A R T

I I . — R A T E

ON

U N I M P R O V E D

C A P I T A L

V A L U E — s s .

3 - 1 2 .

P A R T

I I I . — E X T E N S I O N

OE

C I T Y — S S .

1 3 - 2 4 .

P A R T

I V — B E L M O R E

M A R K E T S — S S .

2 5 - 3 0 .

P A R T

V — A D D I T I O N A L

P O W E R S

AND

D U T I E S — s s .

3 1 - 3 9 .

P A R T

I I .

R A T E

ON

U N I M P R O V E D

CAPITAL

V A L U E .

3.

( 1 ) I n th is P a r t , and in cons t ru ing

for t he purposes of

th is

Par t enac tmen t s t he reby incorporated or applied,—•

" R a t a b l e proper ty "

or

" r a t a b l e

l a n d "

means

p roper ty

ra table

unde r

the

Pr inc ipa l

A c t

no t

b e i n g —

(i) land the proper ty of the Crown ; or

(ii) l and s i tuated w i th in

Camperdown

W a r d ,

and

be ing

or

forming par t of land now vested in the Univers i ty of Sydney, or in any college w i th in such Univers i ty : Provided t h a t such land is used for t he purposes of educat ion, or for purposes incidenta l there to or connected the rewi th , and is no t unde r lease from such Univers i ty , or any such college ; or

(iii) l and vested in t he Chief Commissioner for Ra i lways and Tramways , or in t he Sydney H a r b o u r Trus t Commissioners, or in t h e Board of M a t e r Supply and Sewerage.

" U n i m p r o v e d

capi ta l va lue "

a n d

" o w n e r "

have t he

mean ings

given

to " unimproved v a l u e " and " o w n e r ' ' respect ively

in

the L a n d and Inc ome Tax Assessment A c t of

1 8 9 5 .

( 2 )

I n

enac tments

of

the

Local

G o v e r n m e n t

Act , 1 9 0 6 ,

" A n a r e a " shall be read as the city of Sydney.

" A c o u n c i l " shall be read as t he munic ipa l counci l of	Sydney.
" Prescr ibed " means prescribed by th is Par t or by t he Pr inc ipa l Act , or by by- laws made therFunder .

4. The council shall, in and for t he year one thousand n ine h u n d r e d a n d nine , and in every succeeding year, m a k e and levy a general rate of not less t h a n one penny in t he pound u p o n t h e un im­ proved capital va lue of all ratable, p roper ty in the ci ty. Such ra t e

Provided

t h a t

t he

total

a m o u n t

leviable

u n d e r

th is

P a r t , or

unde r th is Par t and the Pr inc ipa l Act , as the case m a y be, shall no t exceed the a m o u n t which would be yielded by a ra te of th reepence in t he pound on the un improved capital value, and two shil l ings in the pound on the average a n n u a l value t aken toge ther of all r a tab le

5. The Governor shal l fo r thwi th , on the council imposing such ra te on such un improved

capital value, procla im t h a t t h e operat ion of

the e n a c t m e n t s ment ioned in Schedule Three to the Local G o v e r n m e n t Act , 190o, are and the same shall the reupon he suspended in t he ci ty.

Such suspension shall take effect from the first day of t he year in which the said ra te on such un improved capi tal va lue is first m a d e as aforesaid : Provided that such suspension shall no t apply to t he land t ax for the years from one thousand eight hund red and n ine ty-s ix u p to the year in which such rate is first made as aforesaid :

Provided also t ha t exempt ions and deduct ions from and in respect of income tax unde r sections seventeen and twenty-e igh t of t he L a n d and Income Tax Assessment Act of 1895, and section one of the L a n d and In come Tax (Declaratory) Act , 1 S 9S , shall he made in relat ion to land, and t h e income derived from land, subject to ra tes unde r this P a r t as in the case of land subject to land t ax .
6. (1) The council , for the purpose of m a k i n g rates unde r th is P a r t , may , from t ime to t ime , and shall a t least once in every five years, cause va lua t ion to be made of the un improved capi ta l va lue of all r a tab le p roper ty in the city, and for t h a t purpose shal l appoin t va luers who shall m a k e the dec lara t ion provided for in section one

h u n d r e d

and eleven of the

Pr inc ipa l

A c t :

Provided tha t the council may adopt t he valuat ions under tin;

L a n d and

I n c o m e Tax Assessment Act of 1895 as the

first

va lua t ion

of un improved capi tal value unde r th i s

P a r t :

Provided also tha t the council may , wi thou t causing a fresh va luat ion to be made , adopt as the valuat ions for any period the whole or any par t of the va lua t ions in force a t t he close of t he n e x t preceding period, when .such va lua t ions are considered by the counci l

to be still j u s t and

equi table .

A n y such valuat ion shall be in force un t i l a fresh valuat ion is

made .

The valuat ion may, in the discretion of t he valuers, be made of any parce l of land separately owned, or of any parcel separate ly

occupied.

(2) Section one hund red and e ighteen of t he Pr inc ipa l

A c t

shall app ly to valuat ions unde r this

P a r t .

7. Not ice of the va luat ion shall be served on the owner of

the proper ty valued.

A n y such not ice may be served as prescr ibed

in section two hund red and s ixteen of t he Principal Act .

8. Any valuat ion or en t ry of valuat ion made under th is P a r t m a y be a l tered a t any t ime where it is found t h a t an error has been made as to the area or ownership of land, or any mis take of calculat ion of values has been made , or where the re is a change of ownership . W h e r e any land has been subdivided, and a portion sold, t he va lua t ion of such land may be altered, and such va lua t ion and any unpaid ra tes

due

due on such land may he apport ioned by the counci l . Such a l tera t ion and appor t ionment shall be initialled by the Lord Mayor and town clerk a l t e r resolution of t he counci l m a k i n g such a l tera t ion or appor­

Provided t h a t in every such case of a l terat ion or

appo r t i onmen t

not ice thereof shall be served, and an appeal therefrom shall lie, as

Other minor errors in an assessment book no t affecting t he a m o u n t a t which land is valued may be al tered as aforesaid.

9. W h e r e such valuat ion is made of p roper ty which was not

year d u r i n g which such land was ra tab le .

Where such va lua t ion is made of proper ty which had not been

10.

The provisions of the Pr inc ipa l A c t r e la t ing to t he

m a k i n g

of assessment books, and to appeals from assessments , and to the m a k i n g and levy ing of rates , and the t ime w h e n t h e same shall be

va lua t ions and assessments and rates made unde r th i s P a r t : Provided t h a t t h e r igh t of appeal under th is P a r t is ex tended to any person aggr ieved by an assessment, and t h a t t he ra te may r be fixed and ordered by the council a t any t ime before or after the thir ty-first dayT of March in any year.

11.     (1) The a m o u n t of any ra te unde r this P a r t shall be paid

to t he council by the owner of the proper ty in respect of which the ra te is levied, unless the property is vested in and unde r a lease from tin; council g ran ted for a t e rm of not less t h a n t h i r t y years, in which case t h e a m o u n t of any such ra te shall be paid by the lessee from the council or t he person for t he t ime being receiving or ent i t led to receive

( 2 ) Provided tha t where a lessee of ra tab le proper ty has

before the first day of November , one thousand n ine hund red and eight , agreed with the owner, or wi th the mesne lessee from w h o m he immedia te ly holds, to pay munic ipa l or local gove rnmen t taxes, whe the r under those designations or unde r a n y words of descript ion which would include munic ipa l or local gove rnmen t taxes , the owner and all the lessees, inc lud ing mesne lessees, shall , no twi th ­ s tand ing such ag reemen t and du r ing the cur rency of such agreement , be respect ively liable, as be tween themselves , for so m u c h of the ra te unde r this P a r t as is equal to t he a m o u n t of t he land tax , or tax in l ieu of land tax , on t he land which they respectively would have been liable to pay unde r t he Acts ment ioned in Schedule Three to the Local

i	Governmen t

Government Act , 190G, if the operation of .the said Acts had not been suspended, based on the va luat ion of t h e un improved capi tal va lue unde r th i s P a r t . The a d j u s t m e n t of t he Commissioners of Taxat ion unde r t h e fourth section of the L a n d Tax (Leases) Act , 1902, shall be made on the appl ica t ion of any person interested in such agreement , and shall be on the basis of such valuat ion, and of a land t ax or t ax in l ieu of land tax , w i t h o u t exempt ions , and after t he first ad jus tment ,

t he re shall be a read jus tment

by the

commissioners at

every

subsequen t

period

of

va lua t ion .

Such

adjus tment

m a y be made ,

no tw i th s t and ing

the suspension of the operat ion of the said Act , and

shal l be final and shall not be subject to appeal in any cour t .

Any person interes ted in any such agreement as aforesaid m a y notify t he council of the te rms of such agreement . Where such notification has been received by the council , such council shall (no twi ths tand ing the provisions of subsection one of th is section) first proceed for the recovery of t he whole of any rates due under this P a r t from the lessee who is the last lessee wi th in the knowledge of the council b o u n d by any such agreement . Unless the council be notified as aforesaid before the m a k i n g of any rates , t h e council may recover the whole of the rates from such lessor.

Tai l ing in any legal proceedings against any person as aforesaid t he counci l shall nex t so proceed against the lessor from w h o m such person immedia te ly h o l d s ; and, fai l ing in any such proceedings against a lessor w ho is a mesne lessee, t he council shall nex t so proceed against the lessor from w h o m he immedia te ly holds ; and so on.

A n y lessee who has paid, or any mesne lessee who has paid or suffered the deduct ion as hereinaf ter provided of any such rates may recover as a debt from, or deduct from a n y moneys due to, t he lessor from whom he immedia te ly holds, t h e propor t ionate a m o u n t of ra tes de te rmined as aforesaid by the said commissioners to be the por t ion payable in respect of the proper ty rated by all t he persons unde r w h o m lie derives t i t le ; and any lessor who has made any paymen t to t h e

counci l or to his immedia te lessor in l-espect of such rates may recover	as a debt from any lessee under h im such port ion thereof as such
lessee is liable for unde r his ag reement and the t e rms of this subsection.
The council , the commissioners aforesaid, and any author ised servant of e i ther of t hem, may demand the rn-oduction wi th in a reasonable t ime of any ag reement as aforesaid from any owner, lessee, or person hav ing the cus tody of such agreement , or requi re any person in occupat ion of land, or in receipt of t h e ren t of land, to answer any ques t ion for t he purposes of this subsection. If such owner, lessee, or person refuses or neglects on demand as aforesaid to p roduce any such agreement , or if any pen-son when duly requi red refuses to answer any quest ion for t he purposes of this subsection, or

wilfully

wilfully makes a false answer there to , he shall he liable to a pena l ty not exceeding fifty pounds . A certificate of such ad jus tment aforesaid

12. The provisions of subsections five, seven, eight , and nine of section one hundred and forty-four, and the whole of sections one hundred and forty-five, one h u n d r e d and forty-six, and one hundred and for ty-e ight of t he Local Gove rnmen t Act , 1906, re la t ing to ra tes unde r tha t Act , shall apply, mu ta t i s mutand i s , to ra tes unde r

in those sections arc omit ted.

P A R T

I I I .

E X T E N S I O N

OF

C I T Y .

13. The council of the munic ipa l i ty of Camperdown is dissolved, and the said munic ipa l i ty is included wi th in t he ci ty , and shall form par t of t he city, and a ward thereof to be known as Camperdown W a r d , const i tuted in addit ion to the twelve wards in the Pr inc ipa l A c t ment ioned , and shall be subject to any Acts , by-laws, a n d regula t ions affecting t he city.

14. (1) The Governor shall, by proclamat ion publ ished in t he

(a)	in Schedule A to such proclamation, the extended boundaries of the city so as to include therein t he munic ipa l i ty of Camperdown, and such boundar ies shall t ake the place; of the boundar ies set out in Schedule Two to t he Pr inc ipa l Ac t as amended by the Sydney 7 Corporat ion A m e n d m e n t Act , 1905 ;
and
(b)	in Schedule P to such proclamation, the boundaries of tin;
a rea comprised in the said munic ipa l i ty .

Such proclamat ion may be made and publ ished at any t ime after t he passing of this Act .

(2) The boundaries set forth in the Schedule A to such proc lamat ion shall be the boundar ies of the c i t y ; and where reference is made to the city, this Act or in any Act , by-law, or regula t ion in force a t t he c o m m e n c e m e n t of th is Act, the same shal l be deemed to refer and shall apply to and have operat ion wi th in t he city as bounded in m a n n e r set forth in such Schedule.

(3) The boundar ies set forth in Schedule B to such procla­

15. On the commencemen t of this Act all real and personal p roper ty a n d all r i g h t and in teres t there in and all m a n a g e m e n t a n d control of any land or t h i n g then vested in or be longing to t he council of the mun ic ipa l i ty of Camperdown shall vest in and belong to t h e mun ic ipa l counci l of Sydney. Al l ra tes , moneys, l iquidated and un l iqu ida ted claims payable to or recoverable hy, and all suits , actions, and proceedings pend ing a t t he suit of, the council of t he said munic ipa l i ty , and all contracts and agreements entered into wi th such council at such commencemen t shall respectively be ra tes , moneys , l iquida ted and un l iqu ida ted claims payable to, or recoverable by r, and sui ts , act ions, and proceedings pend ing a t t he suit of and cont rac ts

w i th t he munic ipa l counci l of

Sydney.

The mun ic ipa l counci l of Sydney may pursue t he same remedies for t he recovery of such rates , moneys , and claims, and for t he prose­ cut ion of such sui ts , act ions, and proceedings as if the same had original ly been payable to, recoverable by, or ins t i tu ted a t the suit of t h e council , and t h e counci l may enforce and realise any securi ty or charge in respect of such rates , moneys , and claims exis t ing in favour of t h e council of the said munic ipa l i ty as if such securi ty or charge were exis t ing in favour of the munic ipa l council of Sydney.

16. Al l debts due and moneys payable by, and all claims l iquida ted and unl iquida ted recoverable against , the council of t he munic ipa l i ty of Camperdown shall cease to be due and payable by and recoverable against t he said council , and shall , subject to the except ions and provisos hereinaf ter ment ioned, be debts due and moneys payable b y and claims recoverable against t he munic ipa l council of Sydney:

Provided tha t t he said council may a t any t ime

(no twi ths tanding

t h a t any/ debt of such munic ipa l i ty is then payable a t a fu tu re da te or overdue) upon giving four teen days ' notice in wr i t ing to the creditor or his a t to rney of i ts in tent ion so to do, redeem and discharge such debt by t he paymen t or tender to such creditor or his a t to rney of t he pr inc ipa l s u m payable to h im, toge the r wi th in te res t thereon to the

bears , and the reupon the said credi tor and his a t to rney shall deliver	da te of such paymen t or tender a t t he ra te which such pr incipal sum
to t he council freed and discharged from all claims whatsoever all securi t ies for and documents represen t ing the said debt or any pa r t
thereof, or the interest due or to accrue due t h e r e o n :
B u t if any such creditor is absen t from the S ta te or cannot be found, or his address cannot be ascer tained after reasonable inqui ry , t h e said council may , wi thou t giving anyT notic 1 as aforesaid, pay r any such pr inc ipa l sum and interes t as aforesaid to t h e date of such p a y m e n t into the Supreme Cour t in its equi table jur isdict ion, and the reupon the debt or claim of such creditor shal l be discharged, and the said cour t may upon the appl icat ion of the person ent i t led to such debt m a k e such order as to t he paymen t out of such principal
and in teres t as it may t h i n k f i t : Provided

Provided

also

t h a t

no twi ths tand ing

a n y t h i n g

hereinbefore

contained, t h e munic ipa l council of Sydney shall no t be l iable for damage sustained by any person before the commencemen t of this Act in consequence of the failure of the munic ipa l i ty of Camperdown or i ts counci l to perform any du ty imposed by sections seventy- three and

17.

(1)

The control , m a n a g e m e n t ,

and direct ion of all

publ ic

ways of which the counci l of t he munic ipa l i ty of Camperdown has at t he commencemen t of th is A c t t he care, control , and managemen t , is vested in the munic ipa l council of Sydney, and such ways shall for t h e purpose of any Ac t or by-law affecting the city be deemed to be

The council shall w i th in one year of such commencemen t expend the sum of ten thousand pounds upon the improvemen t or repa i r of such publ ic ways.

(2) I n any proceedings by or on behalf of the munic ipa l council of Sydney i t shall no t be necessary to prove the gazettal or a l i gnmen t of such publ ic ways, b u t it shall be sufficient evidence of t h e fact t h a t a n y such way is a publ ic way if it is proved tha t it is a thoroughfare in the na tu r e of a street, or road, or way, and is so used by the publ ic .

18. W i t h i n

one

year

from

the

c o m m e n c e m e n t

of

th is

Act

t h e council shall acquire tin; necessary lands for t h e purpose of widen ing P y r m o n t Br idge road, Brodie-street , and Univers i ty-s t ree t ,

s t r e c t :
Provided t h a t no th ing in th is section shall affect the powers of resumpt ion and purchase conferred by the Sydney Corporat ion A m e n d m e n t Act , 1905, or the Svdney Corporat ion A m e n d m e n t Act , 190G.

19. Fo r t he purpose of pay ing and d ischarg ing the debts and

liabili t ies of the council of the munic ipa l i ty of Camperdown as

( 2 )

(2) F o r the purpose of such or any subsequent assessment of such ra tab le proper ly and any rate to be raised the reon the pro- visions of the said Acts shall apply :

Provided tha t lands and buildings described in pa rag raph (ii) of subsect ion one of section th ree shall no t be ra table proper ty .

(3) The valuers may if they th ink fit adopt the va lua t ion unde r t he Local Gove rnmen t Act , 1900, of the assessed a n n u a l value of such proper ty in force a t t he commencemen t of this Ac t as the i r va lua t ion of t he net average annua l value of such proper ty .

(4) The powers conferred by this section may be exercised

a t any t ime after t h e passing of this Act .

21. If the assessment-book for Camperdown W a r d is not m a d e and confirmed by the council before the thir ty-first day of March , one thousand n ine hundred and nine, the council m a y never theless cause rates to be raised for the other wards of the city, and shall , after t h e assessment for the Camperdown W a r d has been so confirmed and signed by the town clerk, raise a ra te on ra table property in t h e said ward of the same a m o u n t in the pound as the city ra te for t h a t year.

22. The council shall also, in the y rear one thousand nine hundred and nine, and in each year thereaf ter for a period of twen ty years, cause an addit ional ra te of threepence in the pound on the ne t average a n n u a l value of the ra table proper ty , or .an addi t ional ra te on t he un improved capital va lue of ra tab le land sit uated in such ward which will yield app rox ima te ly the same a m o u n t of money to be raised, such money to be applied for the purposes of providing a s ink ing fund for t h e r epayment of the moneys borrowed for the purposes of this Ac t , and of m a k i n g p a y m e n t s on account of the interest on such moneys , and such ra te shall be in addit ion to t he city rate. Tor t he purpose of such addit ional ra te , the provisions of t he Pr incipal A c t and the SyTdncy Corporat ion A m e n d m e n t Act , 1905, and this P a r t , or the provisions of Pa r t I I of this Act , as t h e case may be, shall apply as in t h e case of the city rate. All rates raised by the council u n d e r th is

section shall be paid into and form pa r t of the ci ty fund.

23. ( 1 ) W i t h i n twenty-one days after t he commencemen t

of th is Ac t t he r e shall be an election of two a lde rmen of t he city for Camperdown Ward . Such election shall be held upon a day to be fixed by the Lord Mayor , of which dayT he shall give notice in t he Gazet te and in one newspaper .

(2) Such a ldermen shall , subject to the provisions of t he

Pr inc ipa l Act , hold office un t i l the next

election of a lde rmen of the

city, b u t they shall t h e n be eligible for re-election if still qualified.
24. F o r the purpose of the said election or a n y election to fill an extraordinary 7 vacancy for Camperdown Ward pr ior to t he n e x t election of a ldermen tor the city the roll of electors in force a t t he commencemen t of this Act for the munic ipa l i ty of Camperdown shal l

be

be the roll of cit izens ent i t led to vote for Camperdown W a r d , b u t so t h a t no person shall be ent i t led to more t han one vote a t such election. The provisions of P a r t V of the Pr inc ipa l Act shall , so far as t he same are not inconsis tent herewi th , apply to and govern such election and all m a t t e r s and th ings incidenta l there to . The town clerk m a y affix

P A R T	I V .
B E L M O U E	-MARKETS.

25. The land described in Schedule One is vested in the council for an estate in fee simple, free from all condit ions, reservations, and dedications, s ta tu tory or otherwise, and may be deal t with unde r and subject to the provisions of this Par t .

26. The council may, subject to such bu i ld ing conditions as the P remie r for the t ime being may approve, sell or lease ei ther t he whole or any portion of t he land described in Schedule One, in one or more lots, by publ ic auct ion or pr ivate contract , and on such t e rms and condit ions ( including power to t ake securities for any balance of purchase money, or to allow a period for the p a y m e n t of the same) as the council may th ink fit, and may execute t he necessary assurances for car ry ing out any such sale or lease.

N o t h i n g herein contained shall inval idate or affect any leases cur ren t a t t he commencemen t of this Act .

27. The council may from t ime to t ime, wi th the approval of the Governor, borrow any sum or sums of money for t he construct ion of m a r k e t s on the land already resumed or to be hereafter purchased or resumed for ma rke t purposes, and the same condit ions, qualifica­ t ions, and provisions shall r egu la te the borrowing of such moneys and

29. The interes t upon the moneys set apa r t and invested unde r t he provisions hereinbefore contained, and the ren t s and proceeds of any land leased by the council u n d e r t he said provisions shall from t ime to t ime be paid in to t he ci ty fund.

30. The land described in Schedule Two is hereby vested in and

placed under t he control , m a n a g e m e n t , and direct ion of t he council	as
a " publ ic w a y " wi th in the mean ing of t he Pr inc ipa l	Act .

P A R T

V.

A D D I T I O N A L

POWERS

A N D

D U T I E S .

31. On the commencemen t of th is Ac t t he council shal l t ake over t h e m a i n t e n a n c e and control of t he lend ing b ranch of t he Pub l i c L ib ra ry of New South Wales , established in the Queen Victor ia M a r k e t s ; and all books, papers , and fitt ings in such l end ing branch are vested in t h e council .

The provisions of sections nine , ten, eleven, and twelve of the Sydney Corporat ion A m e n d m e n t

Act ,

1906, re la t ing

to free

reading

and lend ing libraries shal l app ly to t h e said lending b r a n c h of

t he

said

Publ ic

L ib ra ry .

32. The council may establish in fan ts ' mi lk depots, and for t h a t purpose may , wi th t he approval of t he Governor, borrow moneys unde r t h e same condit ions, qualifications, and provisions as regula te t h e bor rowing of moneys unde r the Sydney Corporat ion A m e n d m e n t

Act ,	1905.
The council may ma in t a in and manage such mi lk depots , and pay for such main tenance and m a n a g e m e n t out of t he c i ty	fund.

33. (1) All t rus tees heretofore appointed by t h e Governor

unde r t h e au tho r i t y of any s t a tu te for the lands described in Schedule Three are hereby removed, and the council are hereby appoin ted t rus tees of t h e said lands, wi th the same powers and estate in t he said lands, and subject to t he same l imita t ions , as if t he a p p o i n t m e n t were m a d e under t he provisions of the Pub l i c Pa rks Act , 1902.

(2) The Governor m a y resume, under t he provisions of the P u b l i c W o r k s Act , 1900, wi thou t compensat ion, any port ion of t he lands described in P a r t I of Schedule Three for a l ine of railway 7 to Nor th Sydney 7, or for bu i ld ing purposes, or any por t ion of t h e lands described in P a r t I I of t he said Schedule for a roadway or as a site for

t h e M i n t or for piers for a br idge across Sydney

H a r b o u r .

34.

The control , m a n a g e m e n t ,

and direction of the publ ic

ways

ment ioned in Schedule P o u r are vested in t he counci l .

35.

(1)

The council m a y increase t h e wid th of

El izabeth-s t ree t

»by add ing to such s treet a str ip of the land now forming par t of H y d e P a r k , to a dis tance no t exceeding e ighteen feet, from t h e wes tern bounda ry of such park . Of such land so added, not more t h a n six feet from such boundary may be used as a carr iage-way, and t h e remainder m a y be used as a footway only.

(2)	The counci l may increase t he wid th of Liverpool-s t ree t

by add ing to such street a str ip of t he land now forming par t of H y d e P a r k , to a distance no t exceeding fifteen feet, f rom t h e sou thern boundary of such pa rk .

(3) Such streets as so widened shal l be publ ic ways.

36.

(1)

F r o m

a n d

after

t h e

c o m m e n c e m e n t

of

th is

A c t

t he

counci l shall each year pay in to the Treasury t he s u m of two thousand two h u n d r e d pounds towards t he control and ma in tenance of P y r m o n t Br idge and its approaches, and the s u m of five thousand one h u n d r e d pounds in respect of in teres t on t he cost of t he said b r idge :

Provided tha t th is provision shall cease to have effect if and when t h e said br idge is removed or demolished.
(2) The council shall each year pay into the Treasury the s u m of seven thousand five hund red pounds towards t he cost of the regula t ion of traffic in t he city.

( 3 ) Such amoun t s shall respectively be paid by half-yearly

in s t a lmen t s on or before t he th i r t i e th day of J u n e and the th i r ty - first dav of December in each year, and shall be carried to t he

37.

The council shall u n d e r t a k e

t he l igh t ing of

t he Domain

a t

38. Subsection one of section eleven of the Pr inc ipa l Ac t is amended by inser t ing at the end thereof the following : — " T h e council shall pay into the Treasury a s u m fixed by the Colonial Treasurer as t he cost of collect ing the list by the police. Such s u m shall be carried

39. The council shall each year pay in to t he Treasury the s u m of one thousand six hundred pounds towards t he a m o u n t payable by the Crown in respect of t he salaries of t he medical officer of hea l th for the met ropol i tan district , and his ass is tant , and the inspector of nuisances and sani ta ry inspectors for t he ci ty.

S C H E D U L E S .

S C H E D U L E S .

S C H E D U L E

O N E .

Sehnore

Markets—Land

vested

in the,

council.

(a)	Al l t h a t piece or parcel of land s i tuated in t he parish of Sa in t Lawrence, city of

Sydney, county of Cumberland, and S ta te of New South Wales : Commencing a t t he intersection of t he southern bui lding line of Campbell-street wi th t he eastern bui lding line of George-street ; bounded on the nor th by the southern building line of Campbell-street to its intersect ion wi th the western bui lding line of Parker- lane ; thence on the east by the western bui lding line of Parker - lane to its intersection with the nor the rn bui lding line of Hay-s t ree t : thence on the south by the nor thern bui lding line of Hay-s t ree t to its intersection with the eastern building line of George-street ; thence on the west by the eastern bui lding line of George-street, to the point of commencement ,—conta in ing 1 rood 2 5 j perches, or thereabouts .

(h)	Al l t h a t piece or parcel of land s i tuated in t he parish of Saint Lawrence, city of

Sydney, county of Cumberland, and Sta te of New South Wales : Commencing a t the intersection of the southern building line of Campbell-street with i ts intersection with the western bui lding line to Pi t t -s t ree t : bounded thence on the east by the western bui lding line of P i t t - s t ree t to its intersection wi th the nor the rn building line of H a y - s t r e e t ; thence on the south by the nor the rn bui lding line of Hay-s t ree t to its intersection with the eastern bui lding line of Parker - lane ; thence on the west by the eastern bui lding line of Parker - lane to its intersect ion wi th the southern bui lding line of Campbel l -s t reet ; thence on the nor th by the southern bui lding line of Campbell-street, to the point of commencement ,—conta in ing 3 roods .'S3.1, perches, or thereabouts .

(c) All t h a t piece or parcel of land s i tuated in t he parish of Saint Lawrence, city of Sydney, county of Cumber land, and S ta te of New South Wales : Commencing a t a point on the southern bui lding line of Campbell-street, d is tant 100 feet easterly from the intersect ion of t h a t bui lding line with the western bui lding line of P i t t - s t ree t ; bounded thence on the no r th by the southern bui lding line of Campbell-street to its intersection wi th the western bui lding line of Castlereagh-street ; thence on the east by t he western bui lding line of Cast lereagh-street to its intersection with the nor thern building line of H a y street ; thence on the south by the no r the rn building line of Hay-s t ree t to a point d i s t an t 100 feet easterly from the intersection of t h a t building line wi th t he western building line of P i t t - s t r e e t ; thence on the west by a line norther ly , to the point of commencement ,—conta in ing 1 acre 1 rood 27 perches, or thereabouts .

S C H E D U L E

T W O .

Behnore

Markets—Land/or

public

ivay.

All t h a t piece or parcel of land s i tuated in t he parish of Sa in t Lawrence, city of Sydney, county of Cumberland, and S ta te of New South W a l e s : Commencing a t a point on the southern bui ld ing line of Campbell-street , d i s t an t 100 feet easterly from the intersect ion of t h a t bui lding line with the western building line of P i t t - s t ree t ; bounded thence on the nor th by the southern bui lding line of Campbell-street to its in tersect ion wi th the eastern bui lding line of P i t t - s t r e e t ; thence on the west by the eas tern bui ld ing line of P i t t - s t ree t to its intersection with the nor the rn building line of Hay-street• ; thence on the south by the nor the rn bui lding line of Hay-s t ree t to a point 100 feet easterly from the intersection of t h a t bui lding line wi th the western building l ine of P i t t - s t ree t ; thence on the east by a line nor ther ly , to the point of commence­

men t ,—con ta in ing

26 perches, or thereabouts .

S C H E D U L E

S C H E D U L E

T H R E E .

PART

T.

Observatory

Park.

All those two pieces or parcels of land, containing an aggregate area of 5 acres

3 roods 1-1 perches, s i tuated a t and near Flagstatf Hill, c i ty of Sydney, parish of St .

Firstly, 5 acres 2 roods 9 perches, s i tuated as aforesaid : Commencing on the western side of U p p e r Fo r t street a t a point bear ing south 52 degrees 25 minutes west and d i s t an t 1 (-bain 14 links from the intersection of the eastern side of t h a t s t reet with the southern side of Essex-street ; and bounded thence by lines bear ing nor th 74 degrees .'59 minutes west 79-1'J0- links, no r th 89 degrees 23 minutes west 1 chain, south 82 degrees west 25, ' ' , l inks, and south 2 degrees 5 minutes west 07,1, links, to the nor thern side of an old brick wall forming the no r the rn boundary of the For t -s t reet Model Public School grounds ; thence by tha t wall and another old brick wall forming the western boundary of the Fort-street Model Publ ic School grounds before-mentioned, bearing nor th 87 degrees .'i 1 minutes west 1 chain 99j% links, and south 4 degrees 47 minutes east I chain 07;;, links, to a poiiit in the easterly prolongation of the southern side of a dwarf stone wall ; thence by t h a t prolongation and the southern side of t h a t wall bear ing westerly to another dwarf stone wall on the eastern side of Kent-street ; thence by the eastern side of t h a t s t reet bear ing north 1 .'1 degrees 31 minutes west 2 chains 2 2 ^ links, to the southern side of a brick wall ; thence by t h a t brick wall and its prolongation easterly, in all bearing nor th 77 degrees 10 minutes east, 1 chain 36,|, l inks to the western side of another dwarf stone wall ; thence by t h a t wall bear ing norther ly , north-easterly, easterly, and south-easterly to t he western side of Uppe r Fort s treet before mentioned ; and thence by tha t street bearing southerly, to the point of commencement ,—exclusive of an area of 1 acre 1 rood 4 perches, formerly dedicated for Observatory on the twenty-n in th dav of Apri l , one thousand eight hundred and eighty-four, which has been deducted from the total area, and shown upon a plan in tlie Depar tment of Lands catalogued C. 34-2 ,063 Roll.

Secondly, 1 rood 5 perches, s i tuated as aforesaid : Commencing a t the westerly intersection of the southern side of Argyle-s t reet with the nor thern side of Watson-road ; and bounded thence on the south and south-east by t he southern and south-eastern sides of the exist ing wall, si tuated on the nor thern and north western side, of Watson-road, bearing easterly and north-easterly to the southern side of Argyle-street before-mentioned ; and thence on the nor th by tin: southern side of Argyle-street , bear ing westerly, to the point of commencement :

Which said parcels of land are shown upon a plan in the Depa r tmen t of Lands ,

catalogued Ms. 2,489, Sy.

P A R T

I I .

Dawes

Point

lieserve.

County of Cumberland, parish of St. Phi l l ip , city of Sydney, a t Dawes Point . Area, I acres 1 rood 18.', perches : Commencing on (be eastern side of George-street Nor th , a t a point bear ing south 51 minutes east 3 chains 39.', l inks from the outer edge of the base course of the sea wall f ront ing P o r t Jackson, being a point in the nor ther ly prolongation of the eastern side of George-street Nor th , being also the north-western corner of an area of ,7„ of a perch occupied as a cable bu t site by the Commonwealth of Austra l ia : and bounded thence by a line bear ing nor th 89 degrees 5 minutes east 471"„- links : thence by t h e concave side of an arc of 91 l inks radius curving to the right, the chord of which bears nor th 77 degrees 57 minutes east 8 8 , * , l i n k s : thence b y l i n e s bearing south 73 degrees I minutes east 1 chain 89,•'„• links, north 23 degrees 4 minutes east 67 links, south 63 degrees 51 minutes east- 40 links, nor th 23 degrees 15 minutes east 46,",, l inks, no r th 4 degrees 3 minutes east 22-,-̂ > links, nor th 23 degrees 39 minutes east 19]" links, south 67 degrees 16 minutes east 31 l inks, nor th 23 degrees 42 minutes east 48 links, nor th 67 degrees 40 minutes west 26^ links, n o r t h 21 degrees 12 minutes

east

e a s t

life,

l i n k s

t o

t h e

o u t e r

e d g e

of

t h e

b a s e

c o u r s e

of

t h e

s e a w a l l

b e f o r e

m e n t i o n e d

;

a n d

t h e n c e

b y

t h e

o u t e r

e d g e

of

t h e

s a i d

w a l l

b e i n g

a

l i n e

b e a r i n g

s o u t h

65

d e g r e e s

5 2

m i n u t e s e a s t

i

c h a i n

14,'J

l i n k s ,

t h e

c o n c a v e

s i d e of

a n

a r c of

1

c h a i n

86

l i n k s

r a d i u s

c u r v i n g

t o

t h e

r i g h t ,

t h e

c h o r d

of

w h i c h

b e a r s

s o u t h

5 3 d e g r e e s

12 m i n u t e s

e a s t

90;;,

l i n k s ,

a n d

a

l i n e

b e a r i n g

s o u t h

3 8

d e g r e e s

10 m i n u t e s

e a s t

1

c h a i n

14,*0

l i n k s

t o

t h e

i n n e r

e d g e

of

a

w a d

f o r m i n g

t h e

w e s t e r n

b o u n d a r y

of

t h e

c o n s t r u c t e d

r o a d

h e a d i n g

f r o m

t h e

h o r s e

f e r r y

t o

G e o r g e s t r e e t

N o r t h

;

t h e n c e

b y

t h e

s a i d

wa l l

b e i n g

t h e

c o n v e x

s i d e

of

a n

a r c

of

2 4

l i n k s

r a d i u s

c u r v i n g

t o

t h e

lef t ,

t h e

c h o r d

of

w h i c h

b e a r s s o u t h

1G

d e g r e e s

10

m i n u t e s

w e s t

33,", l i n k s ,

a

l i n e

b e a r i n g

s o u t h

27

d e g r e e s

18 m i n u t e s

e a s t

1

c h a i n

2IJ-Q l i n k s ,

t h e

c o n c a v e

s i d e

of

a n

a r c

of

1 c h a i n

10 l i n k s

r a d i u s

c u r v i n g

t o

t h e

r i g h t ,

t h e

c h o r d

of

w h i c h

b e a r s

s o u t h

18

d e g r e e s

2 0

m i n u t e s

e a s t

3 5 ^

l i n k s ,

a

l i n e

b e a r i n g

s o u t h

8 d e g r e e s

5G

m i n u t e s

e a s t

2

c h a i n s

18-py

l i n k s , t h e

c o n c a v e

s i d e

of

a n

a r c

of

1

c h a i n

3 4 l i n k s

r a d i u s c u r v i n g

t o

t h e

r i g h t ,

t h e

c h o r d

of

w h i c h

b e a r s s o u t h

14 d e g r e e s

5 3

m i n u t e s

w e s t

1 c h a i n ,

t h e

c o n c a v e

s i d e

of a n

a r c

of

1 c h a i n

3 4

l i n k s

r a d i u s

c u r v i n g

t o t h e

r i g h t ,

t h e c h o r d

of

w h i c h

b e a r s

s o u t h

5 2

d e g r e e s

13

m i n u t e s

w e s t

7 1

l i n k s , a

l i n e

b e a r i n g

s o u t h

8 0

d e g r e e s

3 3

m i n u t e s w e s t

1 c h a i n

3 3 ^

l i n k s , t h e c o n v e x

s i d e

of

a n

a r c

of

1

c h a i n

76-Jr l i n k s

r a d i u s

c u r v i n g

t o

t h e

lef t ,

t h e

c h o r d

of

w h i c h

b e a r s

s o u t h

70

d e g r e e s

1 8

m i n u t e s

w e s t

4 0 1

l i n k s ,

a

l i n e b e a r i n g

s o u t h

62

d e g r e e s

32

m i n u t e s

w e s t

2 c h a i n s

5,", l i n k s

a n d

t h e

c o n v e x

s i d e s

of

a

s e r i e s

of

a r c s

of

3 c h a i n s

2 8

l i n k s

r a d i i

c u r v i n g

t o

the ,

lef t ,

t h e

c h o r d s

of w h i c h

b e a r

s o u t h

5 4

d e g r e e s

3

m i n u t e s

w e s t

1

c h a i n ,

s o u t h

37

d e g r e e s

11

m i n u t e s

w e s t

1 c h a i n ,

a n d

s o u t h

21

d e c r e e s

w e s t

75j*0

l i n k s

t o

t h e

s o u t h - e a s t e r n

c o r n e r

of a

s t o n e

w a l l ;

a n d

t h e n c e

b y

t h e

s o u t h - e a s t e r n

s i d e

of

t h a t

w a l l

a n d

b y

t h e

n o r t h ­

w e s t e r n

s i d e

of

a

b r i c k

b u i l d i n g ,

b e i n g

a

l i n e

b e a r i n g

s o u t h

5 2

d e g r e e s

4 1

m i n u t e s

w e s t

2

c h a i n s

3 4 1

l i n k s

t o

t h e

e a s t e r n

s i d e

of

G e o r g e - s t r e e t

N o r t h

b e f o r e

m e n t i o n e d

;

a n d

t h e n c e

b y

t h a t

s t r e e t

b e a r i n g

n o r t h

5

d e g r e e s

3 0

m i n u t e s

e a s t

46,;, l i n k s ,

n o r t h

7

d e g r e e s

3 4

m i n u t e s

e a s t

84,", l i n k s ,

n o r t h

12

d e g r e e s

29

m i n u t e s

e a s t

44,", l i n k s ,

n o r t h

17

d e g r e e s

5 3

m i n u t e s

e a s t

4 8 T 9 f f

l i n k s

n o r t h

26

d e g r e e s

6

m i n u t e s

e a s t

43,; , l i n k s ,

n o r t h

5 1

d e g r e e s

7

10

m i n u t e s

w e s t

92

l i n k s ,

a n d

n o r t h

4

d e g r e e s

5 4

m i n u t e s

e a s t

1 c h a i n

8 1 &

l i n k s ;

f

B

t h e n c e

b y

l i n e s

b e a r i n g

n o r t h

77

d e g r e e s

14

m i n u t e s

e a s t

2

c h a i n s

2 3 1

l i n k s ,

s o u t h

8 4

d e g r e e s

5 9

m i n u t e s

e a s t

9 7 , ' ^ l i n k s ,

t h e

c o n v e x

s i d e s

of

a

s e r i e s

of

a r c s of

1

c h a i n

5 0

l i n k s

r a d i i

c u r v i n g

t o

t h e

le f t ,

t h e

c h o r d s

of

w h i c h

b e a r

n o r t h

1 8

d e g r e e s

5 8

m i n u t e s

e a s t

48,',

l i n k s ,

n o r t h

5

d e g r e e s

12

m i n u t e s

e a s t

3 6 1 l i n k s , n o r t h

7 d e g r e e s

9

m i n u t e s

w e s t

36,;, l i n k s ,

n o r t h

21

d e g r e e s

4 0

m i n u t e s

w e s t

37

l i n k s ,

n o r t h

37

d e g r e e s

9

m i n u t e s

w e s t

4 6 ^

l i n k s ,

n o r t h

6 0

d e g r e e s

22

m i n u t e s

w e s t

44,-„ l i n k s ,

n o r t h

8 4

d e g r e e s

4 6

m i n u t e s

w e s t

33,* 8 l i n k s

;

t h e n c e

b y

l i n e s

b e a r i n g

n o r t h

16

d e g r e e s

42

m i n u t e s

w e s t

45, = 0 l i n k s ,

n o r t h

3 3 d e g r e e s

3 1

m i n u t e s

e a s t

1

c h a i n

5 7 ^

l i n k s ,

n o r t h

3 9

d e g r e e s

4 9

m i n u t e s

w e s t

8 8 l i n k s

; a g a i n

b y

t h e

c o n v e x

s i d e s

of

a

s e r i e s of

a r c s of

2 c h a i n s

r a d i i

c u r v i n g

t o

t h e

le f t ,

t h e

c h o r d s

of

w h i c h

b e a r

n o r t h

5 5

d e g r e e s

3 5

m i n u t e s

w e s t

5 0 J

l i n k s ,

n o r t h

7 1

d e g r e e s

39 m i n u t e s

w e s t 6 0

Hides, a n d s o u t h

8 4 d e g r e e s

5 5

m i n u t e s

w e s t

6 0 l i n k s

;

a g a i n

b y

l i n e s

b e a r i n g

s o u t h

26

d e g r e e s

2 3

m i n u t e s

w e s t

23,';, l i n k s ,

s o u t h

8 4

d e g r e e s

29

m i n u t e s

w e s t

40,2„

l i n k s ,

a n d

s o u t h

4 1

d e g r e e s

5 0

m i n u t e s

w e s t

14 , ' J 0 - l i n k s

t o

t h e

e a s t e r n

s i d e

of

G e o r g e - s t r e e t

N o r t h

a f o r e s a i d

;

t h e n c e

b y

t h a t

s t r e e t

b e a r i n g

n o r t h

4 4 1

m i n u t e s

w e s t

54,$

l i n k s ,

t o

t h e

p o i n t

of

c o m m e n c e m e n t ,

a s

s u r v e y e d

a n d

s h o w n

on p l a n

c a t a l o g u e d

M s .

2 , 6 9 5

S y .

in

t h e

D e p a r t m e n t

of

L a n d s .

P A R T	1 1 1 .
Belmore	Park.

C o u n t y

of

C u m b e r l a n d ,

p a r i s h

of

S t .

L a w r e n c e ,

c i t y

of

S y d n e y .

A r e a ,

7

a c r e s

3

r o o d s

1 5 | - p e r c h e s

:

C o m m e n c i n g

o n

t h e

n o r t h - e a s t e r n

s i d e

of

R a w s o n - p l a e e

a t

a

p o i n t

d i s t a n t

77

f ee t

s o u t h - e a s t e r l y

f r o m

i t s

i n t e r s e c t i o n

with

t h e

s o u t h - e a s t e r n

s i d e

of

P i t t -

s t r e e t

;

a n d

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17

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S u i v e y o r ' s