Governor General’s Residence (Grant) Act 1945

This Act may be cited as the Governor General’s Residence (Grant) Act 1945.

In this Act:

Admiralty House Crown Grant means the Crown Grant registered Volume 5913, Folio 167 that was authorised to be granted by section 3, as in force before the commencement of the Governor General’s Residence (Grant) Amendment Act 2006.

exclusive residence condition means the condition inserted in the Admiralty House Crown Grant in pursuance of section 3 (2) (a) requiring the land comprised in the grant to be used “exclusively as and for the official residence in Sydney of Our Governor General of Our Commonwealth of Australia and for no other purpose whatsoever”.

For the purposes of this Act there is hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales (subject as hereinafter provided) the land described in the Schedule to this Act.

The Governor is hereby authorised by Crown Grant to grant subject to the provisions hereinafter contained the land described in the Schedule to this Act to the Commonwealth of Australia in fee simple to be used exclusively as and for the official residence in Sydney of the Governor General of the Commonwealth and for no other purpose.

Such Crown Grant shall provide in such form as the Governor may direct:

for the user of the said land solely for the purpose aforesaid,

for prohibiting any alienation encumbrance lease or disposition of any part of the said land,

for the reservation and exception from the Crown Grant of all mines of coal lying at a greater depth than fifty feet from the surface of the said land with liberty to persons authorised by the Governor to enter and remove the same,

that upon any breach of any of the provisions of the Crown Grant with respect to the user of the said land or with respect to the prohibition of any alienation encumbrance lease or disposition of any part of the said land (and notwithstanding any failure or neglect to forfeit the land or avoid the Crown Grant on any previous or other breach of any or all of such provisions and notwithstanding any waiver of any or all of such breaches) the Governor shall have full power and authority (by notification in the Gazette or by a notice in writing given to the Prime Minister of the Commonwealth or the person for the time being acting in his place) to forfeit the said land to His Majesty His Heirs and Successors in right of the State of New South Wales and to avoid the said Crown Grant and thereupon the said land shall become forfeited to His Majesty His Heirs and Successors accordingly and the said Crown Grant shall become absolutely void,

that any notification by the Governor in the Gazette or notice in writing referred to in paragraph (d) of this subsection forfeiting the said land to His Majesty His Heirs and Successors in right of the State of New South Wales and avoiding the said Crown Grant shall be sufficient evidence of such forfeiture and avoidance and shall be prima facie evidence of such a breach of the provision of the Crown Grant referred to in the notification or notice as entitled the Governor so to forfeit the said land and avoid the Crown Grant,

that the provisions inserted in the Crown Grant in pursuance of paragraph (a) or (b) of this subsection shall in addition to being read and construed as conditions of the Grant be also read and construed as covenants and agreements whereby the Commonwealth agrees with His Majesty His Heirs and Successors in right of the State of New South Wales to observe and perform the said provisions,

for the acceptance of the said Crown Grant by the Governor General of the Commonwealth on behalf of the Commonwealth.

It shall be a term of the issue of the said Crown Grant that:

the Commonwealth pay to the Colonial Treasurer of the State of New South Wales on behalf of that State the sum of thirty-four pounds being the costs of the survey of the said land and the sum of two pounds two shillings being the deed fee for issue of the said Crown Grant,

as against His Majesty His Heirs and Successors in right of the State of New South Wales no objection shall be taken or raised by the Commonwealth on the grant of the said land to or on account of all or any encroachments by or upon the said land.

References in this Act to the Governor General of the Commonwealth extend and apply to such person as His Majesty shall appoint to administer the Government of the Commonwealth whilst so acting.

Notwithstanding sections two and three of this Act the rights and obligations created by the Agreement dated the 26th August, 1914, referred to in the Preamble to this Act shall continue to apply to and with respect to the land described in the Schedule to this Act so far as the same may remain in force or be of effect.

The parts of the land comprised in the abovementioned Crown Grant registered Volume 199, Folio 242, not included in the land described in the Schedule to this Act are hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales and such Crown Grant shall as regards such parts of the land comprised therein be cancelled.

The land comprised in Crown Grant registered under the Real Property Act 1900, Volume 199, Folio 243, dated the 16th January, 1875, standing in the name of His Majesty is hereby vested in His Majesty His Heirs and Successors in right of the State of New South Wales and such Crown Grant shall be cancelled.

The State and the Commonwealth may agree to vary the terms of the Admiralty House Crown Grant so as to omit the exclusive residence condition and replace it with the following conditions:

The land comprised in the Admiralty House Crown Grant is to be used primarily for the purpose of the Governor General’s official residence in Sydney.

So long as the land is primarily so used, it is permitted, at the discretion of the Governor General, to be used from time to time for any charitable, educational or other public purpose, including (without limitation) the making of programs or material for dissemination to the public (such as the production of television or radio programs).

The Registrar General is authorised to make such entries cancellations and corrections with respect to the register book under the Real Property Act 1900 and the Certificates of Title and Crown Grants therein and the duplicates thereof as may be advisable to give full effect to this Act.

Without limiting subsection (1), the Registrar General is authorised to make any such entry, cancellation or correction as may be advisable for the purpose of giving effect to an agreement under section 5A to permit the land comprised in the Admiralty House Crown Grant to be used for the agreed additional purposes instead of being used exclusively for the purpose set out in the exclusive residence condition.