The Lands for Public Purposes Acquisition Act.-1914.

(a) no land shall be taken or acquired under this Act unless the Governor has in writing directed that the same shall be

so acquired; and

(b) all land acquired under this Act shall be conveyed to and shall vest in the person or officer, if any, nominated in that behalf by proclamation, as provided by section 5, or, if no person or officer is so nominated, then to and in His Majesty the King.

Lands Clauses Con

7. For the purposes of the taking and acquiring of land under Incorporation of this Act, and for the purposes of all matters incidental to or con- solidation Acts. nected with such taking and acquiring,

1. "The Lands Clauses Consolidation Act," except sections 9, No. 6 of 1847. 12 to 17 inclusive, 21 to 25 inclusive, 38 to 62 inclusive, 64 to 68 inclusive, 110, 114 to 120 inclusive, 136, and 137;

II. the Act No. 26 of 1855-6, entitled "An Act to amend 'The Land Clauses Consolidation Act,'" except sections 1, 4, and 6;

1. the "Lands Clauses Consolidation Amendment Act, 1881," No. 202 of 1881. except sections 5 to 11 inclusive; and

IV. "The Lands Clauses Consolidation Further Amendment Act,

1911,"

mutatis mutandis, are incorporated with this Act, so far as the same
are applicable and are not inconsistent with the provisions of this Act,
and shall to that extent take effect with regard to every public
purpose; and for the purposes of this Act the undermentioned ex-
pressions, when used in the enactments so incorporated, shall have
the meanings hereunder ascribed to them respectively, namely:-

"the promoters of the undertaking" shall mean the promoter
of the undertaking as defined by section 2 of this Act, and
"the special Act" shall mean this Act: Provided that for
the purposes of section 13 of "The Lands Clauses Con- No. 202 of 1881
solidation Amendment Act, 1881," there shall be deemed
to be no special Act;

and, notwithstanding anything contained in any of the said incor-
porated enactments, the powers of taking and acquiring land under
this Act may be exercised without any limit as to time.

8. Anything to be done or suffered, or which may be done or suffered, by the promoters of an undertaking or any number of them, by virtue of the enactments incorporated herewith, shall or may be done or suffered by the promoter of the undertaking as defined by section 2 of this Act.

9. With respect to any land taken or acquired or to be taken or acquired under this Act, if the amount of compensation to be paid

to

No. 6 of 1847.

No. 6 of 1847.

The Lands for Public Purposes Acquisition Act.-1914.

to any owner thereof is not determined by agreement in writing, signed by or on behalf of such owner and the promoter of the undertaking, within twenty-one days after such promoter has given notice to such owner, as required by section 18 of "The Lands Clauses Consolidation Act," that he requires to purchase or take such land, the amount of compensation shall be determined by arbitration in the following manner:

I. The promoter of the undertaking may give notice in writing to such owner of his intention to have the compensation settled by arbitration, and may, by the same or a subsequent notice in writing to such owner, nominate and appoint an arbitrator to act in the reference on behalf of such promoter:

11. Such owner may, within twenty-one days after the giving of such notice appointing an arbitrator, give notice in writing to the promoter of the undertaking, agreeing that such arbitrator shall be sole arbitrator, or nominating and appointing another arbitrator to act in the reference on behalf of such owner:

III. Each such notice nominating and appointing an arbitrator,
or agreeing to the appointment of a sole arbitrator, shall
be deemed a submission to arbitration on the part of the
party by whom the same is given; and after the giving
of any such notice neither party shall have power to revoke
the appointment thereby made or such submission without
the consent of the other party, nor shall the death of either
party operate as a revocation:

IV. Unless such owner, within twenty-one days after the giving
by the promoter of the undertaking as aforesaid of notice
nominating and appointing an arbitrator, gives notice to
such promoter as provided by paragraph 11. hereof,
agreeing that such arbitrator shall be sole arbitrator, or
nominating and appointing another arbitrator, such pro-
moter may appoint the arbitrator nominated and appointed
by him to act on behalf of both parties; and such arbitrator
shall proceed to hear and determine the matter and shall
give his award determining the compensation to be paid:
v. All the provisions of sections 26 to 35 inclusive, of "The
Lands Consolidation Act" shall, mutatis mutandis, apply
with respect to the determination of the compensation:

VI. No notice, appointment, or award made under this section
shall be set aside or be invalid for irregularity or error
in matter of form:

VII. Every award under this section of arbitrators or of a single arbitrator (in a case where it is agreed, as mentioned in paragraph II. hereof, that an arbitrator shall be the sole arbitrator, or where a single arbitrator is empowered by

The Lands for Public Purposes Acquisition Act.-1914.

this section to give an award), or of an umpire, shall be
final: Provided always that where an arbitrator or
umpire has misconducted himself, the Supreme Court or
a Judge thereof may remove him, and that where an
arbitrator has misconducted himself, or an arbitration or
award has been improperly procured, the said Court or
a Judge thereof may set the award aside:

VIII. A submission to arbitration under this section shall have
the same effect as if it had been made an order of the
Supreme Court; and an award under this section may
be enforced in the same manner as a judgment or order
of the said Court to the same effect.

10. In determining the amount of compensation to be paid in respect of any land taken or acquired or to be taken or acquired under this Act, regard shall not be had to any enhancement or diminution in the value of the land arising in consequence of

(a) the passing of this Act; or

(b) the taking or acquiring under this Act of any land; or
(c) the construction or establishment by the promoter of the
undertaking, or the Government of the said State, or
any department under the said Government, of any
work or undertaking of any kind on any land taken
or acquired, or which there is power to take or acquire
under this Act, or elsewhere; or

(d) any proposal so to construct or establish any such work
or undertaking, or any expectation that any work or
undertaking will be so constructed.

11. (1) When any land acquired under this Act vests in His Majesty the King, the Governor may cause the grant, duplicate certificate of title, or other muniment or muniments of title, and the instrument or document whereby the land is conveyed to His Majesty, to be lodged with the Registrar-General.

(2) The Registrar-General shall make any entry in the Register Book or other book in the Lands Titles or General Registry Office necessary or proper to evidence the vesting of the land in His Majesty. (3) If any of such land is under the provisions of "The Real No. 380 of 1886. Property Act, 1886," the Registrar-General shall, upon receiving the transfer or other instrument whereby the same is conveyed to His Majesty, make an entry on the folium relating thereto in the Register Book as follows:--"Cancelled, the land [or part of the land] having been acquired by the Crown," and shall sign such entry. Thereafter the land referred to in this subsection shall, for the purposes of "The Real Property Act, 1886," and until again alienated from the Crown, be dealt with and regarded in all respects as if it had never been alienated from the Crown.

(4) Upon

Power to enter and examine lands.

Comm. Act 13, 1906, 8. 21.

Power to occupy and

The Lands for Public Purposes Acquisition Act.-1914.

(4) Upon receiving the grant or duplicate certificate of title of the land in any such case as mentioned in subsection (3) of this section, the Registrar-General shall cancel the same by indorsing thereon the words" Cancelled, the within land [or part of the within land] having been acquired by the Crown," and shall sign such indorsement; and if the land is not the whole of the land comprised in the grant or certificate of title, the Registrar-General shall, without fee, issue a fresh certificate of title for the balance of the land so comprised.

12. When any purpose has been declared to be a public purpose, the promoter of the undertaking may

(a) enter upon any land, and

(b) make surveys, take levels, and sink pits thereon and therein, and examine the soil thereof, and

(c) do anything necessary for ascertaining the suitability of the land for such public purpose.

13. When any land has been taken or acquired under this Act use lands temporarily. for any public purpose, the promoter of the undertaking, and all persons authorised by him may enter any land—

Ibid., s. 22.

S.A. Municipal Corporations Act, 1890, 8. 301.

Power to take materials and make roads on lands so occupied.

Ibid., s. 301.

Comm. Act 13, 1906, 8. 23.

(a) being within a distance of five hundred yards from the
nearest boundary of the land so taken or acquired, and
(b) not being a garden, orchard, or plantation attached or
belonging to a house, or a park, planted walk, avenue, or
ground ornamentally planted, and

(c) not being within a distance of five hundred yards from the
dwelling-house of the owner of the land so entered;

and may occupy such land so entered so long as may be necessary for the purposes of any works connected with the carrying out of the public purpose.

14. (1) The promoter of the undertaking and all persons authorised by him may, in connection with the carrying out of any public purpose, exercise on or in relation to any land occupied by him as provided by section 13, all or any of the following powers, namely, he and they may

(a) take clay, stone, gravel, earth, timber, wood, or material, or things required for carrying out the public purpose ;

(b) make cuttings and excavations ;

(c) deposit clay, stone, gravel, earth, timber, wood, material, or other things;

(d) manufacture goods or articles required for carrying out the public purpose;

(e) erect workshops, sheds, and buildings, of a temporary character;

(f) make

The Lands for Public Purposes Acquisition Act.-1914.

f) make roads.

(2) The power to take clay, stone, gravel, or earth shall not be exercised in respect of any stone or slate quarry, brickfield, or other like place commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same.

15. (1) When the promoter of the undertaking or any person Rent for temporary authorised by him enters any land and temporarily occupies it as occupation and comprovided by section 13, the promoter of the undertaking shall pay

pensation for damage.

to the owner or occupier of the land, as the case requires, a rent for Ibid., s. 24. the occupation of the land and also compensation for all permanent S.A. M.C. Act, 1890, or other loss or damage sustained by him by reason of the exercise, as regards such land, of the powers conferred by this Act, including the full value of all materials and things taken from such land.

(2) The amount of the rent and compensation so to be paid and the times of payment thereof shall, in default of agreement in writing signed by the promoter of the undertaking and the owner or occupier within twenty-one days after such promoter has given notice to such owner of his desire to fix the amount, be determined by arbitration in the manner provided by section 9.

8. 303.

16. The promoter of the undertaking shall, if required by the Fencing of lands owner or occupier of any land occupied under the provisions of temporarily occupied. section 13, separate such land from any adjoining land by a sufficient Comm. Act, 13, 1906, fence, with such gates as may be necessary for the convenient occupation of such adjoining land.

8. 25.

17. (1) When it appears to the Governor that any land taken or Power to dispose of acquired for any public purpose is no longer required for such pose, such land may, with the consent of the Governor,

(a) be used for any other public purpose, or

pur

(b) be sold, exchanged for other land, or otherwise disposed
of.

(2) For the purpose of carrying out any sale, exchange, or disposition of such land, the person in whom the same is vested, or, if vested in His Majesty the King, the Governor, may execute any and every assurance, deed, instrument, and writing, and do all such other things as may be necessary or expedient; and it shall not be necessary for the person paying any moneys in respect of any such transaction to prove the consent of the Governor to such transaction, nor to inquire whether a proper case has arisen for the exercise of any power under this section.

(3) Moneys received in consideration of the sale, exchange, or disposition of any such land shall be paid into the General Revenue of the said State, unless such land was paid for out of moneys voted by Parliament for some particular public purpose, in which case such moneys shall be paid to the Treasurer to the credit of the said public purpose.

(4) Nothing

surplus land. Cf. ibid., s. 63,