New South Wales Consolidated Acts

LOCAL GOVERNMENT (AREAS) ACT 1948 - SECT 39

39 Proof of building line

(1)

(a) This section shall commence upon the appointed day.

(b) This section shall apply to and in respect of that portion of the united area constituted under Part 2 of this Act by the union of the areas specified in the First Group in the First Schedule, which is comprised within the City of Sydney, as bounded immediately before the appointed day, which portion of the said united area is in this section referred to as “the inner city.”

(2) Whenever any question arises in any proceedings at law or in equity touching any actual building line in the inner city it shall be held conclusively that every curbstone as laid down before the fourth day of July, one thousand eight hundred and seventy-nine, and then subsisting, was lawfully laid down.

(3) Every notice given in the Gazette under section ninety-nine of the Sydney Corporation Act 1932 , or under section ninety-five of the Sydney Corporation Act 1902 , or under section eighty-eight of the Sydney Corporation Act of 1879 , may be proved as conclusive and binding on all parties by production of the Gazette.

(4) All plans of public ways in the inner city framed under any Act in force before the date of commencement of the Sydney Corporation Act 1932 , or under section ninety-nine of that Act shall also be conclusive evidence of their contents on production thereof by a clerk or officer in the Department of Lands or of the proper servant of the council of the City of Sydney, as the case may be.

(5) In any proceedings by or on behalf of the Council of the City of Sydney it shall not be necessary to prove the gazettal or alignment of any public road of which the Council of the Municipality of Camperdown had prior to the commencement of the Sydney Corporation (Amendment) Act 1908 , the care, control and management.
It shall be sufficient evidence of the fact that any such road is a public road within the meaning of the Principal Act if it is proved that it is a thoroughfare in the nature of a street or road and is so used by the public.