Approval, ratification and confirmation of agreement
2 Approval, ratification and confirmation of agreement
The agreement entered into by the Governor for and on behalf of the State with The City of Perth and executed on the twentieth day of November, one thousand nine hundred and fifty‑three, a copy of which is set forth in the Schedule to this Act, is approved, ratified and confirmed.
Schedule
[Section 2.]
AN AGREEMENT made under seal this 20th day of November, one thousand nine hundred and fifty‑three, BETWEEN HIS EXCELLENCY LIEUTENANT‑GENERAL SIR CHARLES HENRY GAIRDNER, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Commander of the Most Excellent Order of the British Empire, Governor in and over the State of Western Australia and its dependencies in the Commonwealth of Australia, for and on behalf of the Crown in right of the State Government of Western Australia (in this agreement called “the State Government”) of the one part, AND THE CITY OF PERTH, a body corporate constituted pursuant to the provisions of the Municipal Corporations Act, 1906‑1951, having its office and principal place of business at Murray Street, Perth, in the State of Western Australia (in this agreement with its successors and assigns called “the City of Perth”) of the other part.
WHEREAS:
By virtue of the provisions of the Perth Town Hall Act, 1950 (in this agreement called “the Act”) it is provided that the parties may execute and carry into effect an agreement for the purposes set out in section two of the Act and on such terms and conditions as may be agreed between the parties.
The parties made and executed an agreement dated the 26th day of March, 1952, which was published in the Government Gazette dated the 10th day of April, 1952 (in this agreement called “the principal agreement.”)
Since the passing of the Act and the publication of the principal agreement it has been discovered by the parties and it is agreed between them —
That the land described in the First Schedule to this agreement was inadvertently omitted from the Fourth Schedule to the Act and consequently omitted from clauses four and seven of the principal agreement.
That the land which is required by the City of Perth for widening Wellington Street and described in the Second Schedule to this agreement was inadvertently included in the Fourth Schedule to the Act and consequently wrongly included in clauses four and seven of the principal agreement.
That when the Kensington Hotel which is erected on portion of Perth Town Lot W85 was resumed by the State on the 16th day of March, 1951, a strip of the said lot twenty‑four feet wide fronting Wellington Street, Perth, which is required by the City of Perth for the purpose of widening that street was included in the resumption.
That the City of Perth will on or before the 30th day of June, 1954, surrender to Her Majesty the land described in the Third Schedule to this agreement.
That the State Government will vest in the City of Perth the land described in the Fourth Schedule to this agreement when the building known as the Kensington Hotel is demolished or removed.
The parties hereto desire —
That the Fourth Schedule of the Act and clauses four and seven of the principal agreement be amended by including therein the land described in the First and Third Schedules to this agreement and excluding therefrom the land described in the Second Schedule to this agreement.
That the portions of Perth Town Lot W85 more particularly described in the Fourth Schedule to this agreement be vested, when the building known as the Kensington Hotel is demolished or removed, in the City of Perth for the purpose of widening Wellington Street and for the purpose of truncating the corner of Wellington and Lord Streets.
That this agreement be approved, ratified and confirmed by Parliament.
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED:
1. THAT the land described in the First and Third Schedules hereto shall be deemed to have been included in the Fourth Schedule of the Act and in clauses 4 and 7 of the principal agreement and that the Act and the principal agreement shall be read and construed as if such land had been so included.
2. THAT the land described in the Second Schedule hereto shall be deemed to have been excluded from the Fourth Schedule to the Act and from clauses 4 and 7 of the principal agreement and that the Act and the principal agreement shall be read and construed as if such land had been so excluded.
3. THAT the whole of the land more particularly delineated and coloured green and brown in the plan in the Fifth Schedule to this agreement is deemed to be the land which by force of the Act the City of Perth shall surrender to Her Majesty.
4. THAT when the building known as the Kensington Hotel is demolished the State Government shall vest in the City of Perth for the purpose of widening Wellington Street and for the purpose of truncating the corner of Wellington and Lord Streets the portions of Perth Town Lot W85 more particularly described in recital 4 (ii) of this agreement.
5. CLAUSE 4 of the principal agreement is varied by substituting the words “One thousand nine hundred and fifty‑four” for the words “One thousand nine hundred and fifty‑two.”
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.