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The Harbors Act.-1913.

PART 1. Division 1.

(2) Sections 6 to 9, both inclusive, of the Act entitled “ An Act to authorise the construction of certain Wharves at Port Augusta, and for other purposes,” being the Act No. 315 of 1884, are hereby repealed.

7. The provisions of this Part shall apply notwithstanding any- Act to apply notwiththing contained in the Real Property Act.

Property Act.

Division II.-- POWER TO ACQUIRE, AND PROPERTIES WHICH MAY

Division 11. BE ACQUIRED. 8. (1) Subject to section 9, any property of any kind or kinds Power to acquire

wharves and water mentioned in subsection (2) hereof, which is situated anywhere in frontages and other the State, may at any time be taken and acquired by the Governor properties. as provided by this Part.

Cf. Darling Harbor
Act (N.S.W.), 10,

1900, ss. 2 and 3. (2) The kinds of properties to which this section applies are 1. Any wharf, together with the land whereon the same stands,

whether such land is or is not wholly or partly overflowed
by the waters of the sea, or of any arm or inlet thereof, or

of any inland river or other inland water:
U. Any land being a wharf frontage or water frontage, whether

such land consists wholly or partly of foreshore or contains

no foreshore: IU. Any land which has been excavated for use as a dock or

wharf, whether so used or not, or so much thereof as may

be required for the purposes of a wharf or dock:
1. Any land adjoining any property of any of the kinds in this

subsection before mentioned, which land may be required
for the purposes of any wharf or other works wholly or
partly constructed or in course of construction at the time
when such land is taken, or which it may be intended to
construct at any time, or which land may be required
for the extension or more convenient use of

any

wharf or other works: together in any case with all buildings and other improvements on the property proposed to be taken and acquired.

(3) Notwithstanding anything in this section, any land taken as being a wharf frontage or water frontage shall not include more than the land situated between the low-water mark and the nearest public street or road or Government road running parallel or approximately parallel with such water mark, but may comprise the whole or any part of the land so situated.

9. (1) No property of the kind mentioned in subdivision 1. of All wharves in a subsection (2) of section 8 which is situated within the limits of harbor to be taken

simultaneously. any harbor shall be taken and acquired under this Part unless, at the same time, all other properties of the said kind which are t'

(a) Situated within the limits of such harbor, and (

PART I. Division 11.

The Harbors Act.1913.

(6) Not vested in the Crown or in some person or authority on

behalf of the Crown or as a Minister or other officer or

servant of the Crown,
are also taken and acquired under this Part.

(2) Within one month after the day of the acquisition under this
Part of any property of the kind mentioned in subsection (1)
hereof, an application may be made to a Judge of the Supreme
Court to determine the question what properties of the said kind
are situated within the limits of the harbor (if any) in which the
property so acquired is situated.
(3) Such application may be made by-

(a) The Minister, or
(V) Any person claiming to have been an owner of such pro-

perty or a lessee thereof at the time of the acquisition

thereof as aforesaid, or (c) Any person claiming to be an owner or lessee of any other

property of the said kind which he alleges is situated within the limits of the harbor (if any) in which the first

mentioned property is situated. (4) The determination of the Judge as to the question aforesaid shall, for the purposes of this section, be final, and he may make any order as to the costs of and incidental to the application and determination which to him appears just. There shall be no appeal from any determination or order made under this section.

(5) Except as provided and within the time limited by this section, the title of the Crown, or of its successors in title, to any property of the said kind shall not be questioned in any proceedings in any

Court or tribunal or before any person, or in any other way, on the ground that the same was acquired contrary to the provisions of this section.

(6) For the purposes of this section a property shall be deemed to be acquired on the day when the conveyance thereof, duly executed by all necessary parties, is delivered to the Board or the Proclamation in respect thereof is published in the Government Gazette, according to the circumstances of the case.

DIVISION 111.

How property may be acquired.

Division III.-MODE OF ACQUISITION.
10. Properties may be acquired under this Part-

(a) By agreement with the owner, or
(6) By compulsory process.

Acquisition by agree. ment.

ll. (1) The Governor may at any time, on the recommendation of the Minister, enter into an agreement with the owner of any property, being of one or more of the kinds mentioned in section 8, for the acquisition thereof under this Part.

(2) Any

The Harbors Act.--1913.

PART 1. Division III.

(2) Any property so agreed to be acquired shall be conveyed to His Majesty the King, and in case the conveyance thereof is not duly executed within such time as the Minister deems reasonable for the purpose, such property may, notwithstanding any agreement, be acquired by compulsory process under this Part.

Cf. Closer Settlement

12. (1) The Governor may at any time, on the recommendation Acquisition ly comof the Minister, by Proclamation published in the Government pulsory process. Gazette, declare that any property, specified in such Proclamation, Act, 1910, s. 15. being of one or more of the kinds mentioned in section 8, has been com. 13, 1906, s. 16. acquired under this Act.

(2) Upon the publication of such Proclamation in the Government Gazette all the property therein specified shall, without any conveyance, and without further or other authority than this Act, become and be absolutely vested in His Majesty the King, free and discharged from all trusts, obligations, estates, interests, contracts, licences, charges, rates, and easements whatsoever.

a

interests into claims

13. Upon the publication in the Government Gazette of a Procla- Conversion of owners mation under section 12 the interests of any person in the property for compensation. specified in such Proclamation shall be taken to have been converted Ibid., s. 17. into a claim for compensation.

Cf. ibid., s 18.

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14. Forthwith after the publication in the Government Gazette of Notices to owners. a Proclamation under section 12, the Minister shall cause

(a) A copy of such Proclamation, and
(6) Such statement as the Minister is able to give for the purpose

of identifying the property specified in the Proclamation, to be served on the owners of the property, or such of them as can with reasonable diligence be ascertained.

make necessary

Act, 1910, s. 16.

15. (1) When a Proclamation under section 12 as to any Registrar-General to property has been published in the Government Gazette, the entries. Minister shall furnish the Registrar-General with a copy of such closer Settlement Proclamation.

(2) Upon the receipt of such copy, or if the property is acquired otherwise than by Proclamation, upon the conveyance thereof being lodged with him, the Registrar-General shall make any entry in any Register Book or other book at the Lands Titles or General Registry Office which may be necessary or proper to evidence the vesting of the property in His Majesty.

3) If any of such property is under the Real Property Act or is a Crown lease the Registrar-General shall, upon receiving the said copy of such Proclamation, or the lodging of the transfer or surrender, as the case may be, make an entry on the folium relating thereto in the appropriate Register Book as follows :-“Cancelled, the within land having been acquired (or as the case may be] by the

Crown,”

PART I. DIVISION 11.

The Harbors Act.-1913.

Crown,” and shall sign such entry. Thereafter the property referred to in this subsection shall, for the purpose of the Real Property Act and until again alienated from the Crown, be dealt with and regarded in all respects as if it had never been alienated from or leased by the Crown.

(4) Upon receiving the grant, certificate of title, or Crown lease of the property referred to in the next preceding subsection, the Registrar:General shall cancel the same by indorsing thereon the words “(ancelled, the within land having been acquired (or as the case may be] by the Crown,” and shall sign such indorsement.

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Division IV.-COMPENSATION. 16. (1) Any person claiming to be entitled to compensation by reason of the acqusition under this Part of any property by Proclamation shall claim the same by notice in writing given to the Minister.

(2) Such notice shall set forth the particulars of the property and of the claimant's interest therein, and the amount of compensation claimed.

Compensation to be 17. (1) When any property has been acquired under this Part determined by arbitration failing

by Proclamation, any question as to the right of any person to be agreement.

compensated by reason of the acquisition thereof or as to the amount Cf. Closer Settlement of compensation to be paid to any person in respect thereof, shall, Act, 1910, s. 17.

failing agreement between the Minister and the person claiming compensation within one month after notice in writing given by such person to the Minister as required by section 16, be determined by the arbitration of three arbitrators.

(2) One of such arbitrators shall be a Judge of the Supreme Court nominated by the Governor, who shall act as president and umpire; the others shall be appointed, one by the Minister, and the other by the person claiming compensation.

(3) If either party fails to appoint an arbitrator within one month after notice in writing by the other of the appointment of his arbitrator, the matter shall be determined by the Judge and the arbitrator already appointed.

Award of arbitrators,

Ibid., s. 19.

18. (1) The decision of the arbitrators shall be final and not subject to any appeal: Provided that(a) Either party to the arbitration shall have the right to appeal

to the Supreme Court on a question of law, and the said Court may, on such appeal, make such order as it deems

proper, and the arbitrators shall give effect to such order: (6) Where an award has been improperly procured the said

Court or a Judge thereof may, on application by either party, set such award aside.

(2) Where

The Harbors Act.—1913.

PART 1. Division IV.

(2) Where an arbitrator has misconducted himself he may, on application by either party, be removed by the said Court or a Judge thereof.

(3) The award may, on application to a Judge of the said Court by any party to the arbitration, be filed in the said Court, and may thereafter be enforced as if it were a judgment of the said Court.

(4) The arbitrators may make such award and directions as to the costs of the arbitration as they deem just; and the Supreme Court or a Judge thereof may make such order and directions as it or he thinks just as to the costs of any appeal or application under this section.

19. In fixing by arbitration the amount of compensation to Rules to be observed

in fixing compensabe paid in respect of any property the following rules shall be tion. observed : 1. Regard shall be had not only to the value of the interest of

the person to be compensated in the property and the im-
provements thereon, but also to
(a) The damage (if any) to be sustained by such person L.C.C. Act (6 of

1947), s. 63.
by reason of the severing of the property
acquired from the other adjoining property of or

held by such person ; and
(b) The damage (if any) to be sustained by such person

by reason of the loss of his goodwill in any busi

ness carried on by him on the property: 1. The amount fixed shall not exceed the value of the property L.C.C. Amendment at the beginning of the period of twelve months prior to 8. 13 (part).

Act (202 of 1881),

s the publication in the Government Gazette of the Proclamation with respect to such property, together with the actual value of any improvements bona fide made during the said period and any amount to be allowed for any damage to

be sustained as mentioned in paragraph 1. of this section. 111. Regard shall not be had to any enhancement or diminution cf. Darling Harbor in the value of the property arising in consequence of

Act (N.S.W.), 10,

1900, s. 4. (a) The passing of this Act; or

Adelaide Loopline

Act, 1909, s. 5.
(63) The acquisition under this Act of any property; or
(c) The construction or establishment since the thirty-

first day of December, nineteen hundred and
eight, by the Crown, or the Government of the
State, or any department under the said
Government, or any Minister, officer, or servant
of the Crown or of the said Government, as
such Minister, officer, or servant, of any wharf
or other public work of any kind at any place;

or

(d) Any

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