Glen Davis Act 1939

This Act may be cited as the Glen Davis Act 1939.

This Act shall come into force on a day to be fixed by proclamation of the Governor published in the Gazette.

The Governor may not make such proclamation unless he is satisfied that the Parliament of the Commonwealth has passed an Act approving of the agreement a copy of which is set out in the First Schedule to this Act.

(Repealed)

In this Act, unless the context or subject matter otherwise indicates or requires:

Council means council as defined in the Local Government Act.

Local Government Act means the Local Government Act 1919 as amended by subsequent Acts.

Prescribed means prescribed by this Act or by the regulations.

Regulations means regulations made under this Act.

Road means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, ford, crossing, and the like on the line of a road through or over a watercourse.

In this Part:

The first agreement means the agreement a copy of which is set out in the Schedule to the National Oil Proprietary Limited Agreement Ratification Act 1937.

The second agreement means the agreement a copy of which is set out in the First Schedule to this Act.

The Company means National Oil Proprietary Limited.

The second agreement is hereby approved and ratified.

The Moratorium Act 1932, and any amendment thereof, shall not apply to the first agreement as varied by the second agreement.

The first agreement, as varied by the second agreement, shall not require to be registered under Part 9 of the Companies Act 1936, or the Bills of Sale Act 1898–1938, but without any such registration the first agreement, as varied by the second agreement, shall, so far as any security on the Company’s property or undertaking is thereby conferred, be valid against the liquidator or any creditor of the Company.

The Minister may, by appropriation or resumption, acquire the whole or any part of the land described in the Second Schedule to this Act, or any land adjoining the same or adjacent thereto, for the purposes of this Act.

Where the Minister proposes to acquire land by appropriation or resumption he may make application to the Governor for the purpose.

The Governor may authorise the appropriation or resumption of the land.

Thereupon the Governor may:

appropriate or resume the land by Gazette notification under Division 1 of Part 5 of the Public Works Act 1912, as amended by subsequent Acts,

notify that the land is vested in the Minister.

Thereupon the land shall vest in the Minister and his successors.

For the purposes of the Public Works Act 1912, as amended by subsequent Acts, such appropriation or resumption shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act.

For the purposes of this Part of this Act, but not otherwise, section one hundred and twenty-four of the Public Works Act 1912, as amended by subsequent Acts, is amended by omitting the words “at the time notice was given, or notification published, as the case may be,” and by inserting in lieu thereof the words “as at the twenty-third day of July, one thousand nine hundred and thirty-seven”.

Upon the resumption of the land described in the Second Part of the Schedule to the agreement, the reserved road referred to in that Schedule shall, by virtue of this section, be closed and the rights, if any, therein of the public or any person shall thereupon be extinguished.

In this section the agreement means the agreement a copy of which is set out in the First Schedule to this Act.

The Minister may surrender to the Crown any land vested in him under this Part.

The surrender shall be evidenced by an instrument in the prescribed form which shall operate to revest the surrendered land in His Majesty, His Heirs and Successors according to law.

The land so becoming vested in His Majesty shall not be available for the purpose of the Crown Land Management Act 2016.

The Minister may cause a plan or plans to be made in relation to any land acquired by him under this Act, and may in such plan or plans indicate:

the proposed roads and proposed reserves for public recreation or other public purposes, including any roads or any such reserves which are additional to those shown on the plan referred to in section eleven of this Act,

the parts of such land which are proposed to be set apart as sites for:

residences,

shops,

business premises,

other buildings,

the parts of such land which are proposed to be set apart for:

religious purposes,

charitable purposes,

municipal purposes,

any other public purpose of a like character.

The Governor may, by proclamation published in the Gazette, declare any road constructed by the Minister on land acquired by him under this Act, to be a public road. Thereupon such road shall, notwithstanding anything contained in the Local Government Act, be a public road within the meaning of that Act.

The Minister may, by notification in the Gazette, appoint the council of the area within which any reserve referred to in paragraph (a) of section thirteen of this Act is situate, to be the trustees of such reserve.

Upon the publication of such notification the reserve shall be a public reserve within the meaning of the Local Government Act.

(Repealed)

The Minister may transfer to the Council such estate in the land accompanied by such powers and with such conditions as the Minister may think fit and as may be specified in the instrument of transfer.

The Minister may lease any land acquired by him under this Act, subject to such reservations and conditions and for such term as he may think fit.

Every lease made under this section shall be made to take effect in possession not later than three months after its date.

Every lease made under this section shall reserve the best rent that can reasonably be obtained regard being had to the circumstances of the case.

This subsection shall not apply to or in respect of a lease where, in the opinion of the Minister, the land comprised in the lease is to be used exclusively for charitable, patriotic or other public purposes.

Every lease made under this section shall contain a condition of re-entry on the rent not being paid within a time therein specified, and the covenants implied by section eighty-four of the Conveyancing Act 1919–1939 shall not be excluded therefrom.

Every lease made under this section shall be in writing and shall, subject to this section, contain such provisions as the Minister thinks fit and shall include a provision that the land, and buildings (if any), or any part thereof shall not be sublet and the lease shall not be assigned without the leave of the Minister, which leave the Minister may in his absolute discretion grant or withhold.