New South Wales Consolidated Acts

AUSTRALIAN OIL REFINING LIMITED AGREEMENT RATIFICATION ACT 1954 - SECT 5

5 Resumption of land described in Second Part of First Schedule to Agreement

(1) As soon as practicable after the completion of the sale to the Company of the lands described in the First Schedule to the Agreement, the Governor shall appropriate and resume the land described in the Second Part of such Schedule but to a depth only of five hundred feet below the surface by Gazette notification under Division 1 of Part 5 of the Public Works Act 1912 , as amended by subsequent Acts.

(2) For the purposes of the Public Works Act 1912 , as amended by subsequent Acts, such appropriation and resumption shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act, as so amended, and the Minister shall be the Constructing Authority in respect thereof.

(3) Such appropriation and resumption shall not acquire the mines or deposits of coal, ironstone, kerosene shale, limestone, slate or other minerals under the land so appropriated and resumed.

(4) Notwithstanding anything contained in the Public Works Act 1912 , or in any other Act, upon the publication in the Gazette of such notification the lands therein described shall, to the depth to which they are so appropriated and resumed, forthwith be vested in Her Majesty, Her Heirs and Successors freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of the public, rights-of-way or other easements whatsoever and shall be deemed to be Crown lands within the meaning of the Crown Lands Consolidation Act 1913 , as amended.

(5) The Council of the Shire of Sutherland shall, upon asserting its claim and subject to proof of title, be entitled to compensation on account of any and every appropriation and resumption of lands effected under the foregoing provisions of this section but otherwise subsection five of section two hundred and thirty-three of the Local Government Act 1919 , as amended by subsequent Acts, shall not apply to any such appropriation and resumption.