Commonwealth Consolidated Acts Commonwealth Consolidated Acts
AGREEMENT between the Commonwealth of Australia (hereinafter called the
Commonwealth) of the one part and the State of New South Wales (hereinafter
called the State) of the other part:
WITNESSETH THAT, subject as hereinafter
mentioned to the approval of the Parliaments of the Commonwealth and of the
State, it is hereby agreed as follows—
1. The State shall surrender to
the Commonwealth, and the Commonwealth shall accept, the territory
(hereinafter called the territory), now being part of the State, described
hereunder, namely—
All that piece and parcel of land and water situate
at Jervis Bay in the Parish of Bherwerre, County of St. Vincent, State of New
South Wales, Commonwealth of Australia, area about 18,000 acres, commencing at
a point on the high water mark on the left bank of Sussex Inlet at its
intersection with the western boundary of portion 12 of 40 acres and bounded
thence westerly and north-westerly by that high water mark to the high water
mark of St. George's Basin, thence in a general easterly and north-easterly
direction by that high water mark to its intersection with the production
westerly of the southern boundary of portion 18; thence easterly by a straight
line formed by the western production of the southern boundary of portion 18,
the boundary itself, and its production easterly to the high water mark of
Jervis Bay; thence by a line across the southern part of Jervis Bay bearing
north-easterly to a point in the high water mark of Jervis Bay at the
northernmost extremity of Bowen Island; thence by the high water mark of
Jervis Bay and of the South Pacific Ocean along the eastern boundary of Bowen
Island to the southernmost point thereof; thence by a line bearing
south-westerly across the passage between Bowen Island and Governor Head to
the high water mark of the South Pacific Ocean on the foreshore of the
mainland, at the northernmost point of Governor Head; and thence by that high
water mark in a general southerly and south-westerly direction to St. George's
Head; thence in a general northerly, westerly and south-westerly direction by
the high water mark of Wreck Bay to the high water mark on the left bank of
Sussex Inlet before mentioned; and thence in a general northerly direction by
that high water mark to the commencing point.
2. This Agreement shall not in
any way be binding unless and until it is approved by the Parliaments of the
Commonwealth and of the State, and legislation is passed enabling the
Commonwealth and the State to effect the surrender and acceptance of the
territory.
3. The Commonwealth shall account to the State for any purchase
money received by the Commonwealth in respect of any grant of an estate in fee
simple in the territory—
(a) made by the State before the date of the
surrender; or
(b) contracted before that date to be so made, either
unconditionally or upon conditions which (except as to the payment of purchase
money) have been wholly fulfilled at that date.
4. The State shall make no
claim for payment in respect of—
(a) the value of the waste lands of the
Crown in the territory; or
(b) the rents and profits, after the date of the
surrender, of any land in the territory held from the Crown under any estate
less than an estate in fee simple; or
(c) the value of the right, title,
estate, or interest of the Crown in reversion or expectancy upon the
termination of any such estate as mentioned in the last preceding paragraph;
or
(d) the purchase money for the grant by the State of any conditional
estate in any land in the territory, in respect of which at the date of the
surrender there remains unfulfilled any conditions precedent (other than the
payment of purchase money) to the grant of an estate in fee simple.
Signed by
the Governor of the State of New South Wales, with the advice and consent of
the Executive Council thereof, for and on behalf of that State and sealed with
the public seal of that State on the twenty-third day of September 1913.
(L.S.) G. STRICKLAND
Governor of New South Wales.
By Command.
W. A. HOLMAN.
Signed by the Governor-General of the Commonwealth of Australia, with the
advice and consent of the Excutive Council thereof, for and on behalf of the
Commonwealth and sealed with the seal of the Commonwealth on the 4th day of
December 1913.
(L.S.) DENMAN
Governor-General.
By Command.
JOSEPH COOK.