JERVIS BAY TERRITORY ACCEPTANCE ACT 1915
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 114 #DATE 19:12:1973)
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - TABLE OF PROVISIONS
TABLE
JERVIS BAY TERRITORY ACCEPTANCE ACT
1915-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Ratification of agreement
4. Acceptance of territory
Application of laws
5. Disposal of Crown Lands
THE SCHEDULE
Surrender to the Commonwealth of Australia by the State of New South Wales of
Land at Jervis Bay
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JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - PREAMBLE
SECT
An Act to provide for the Acceptance of certain Territory Surrendered by the
State of New South Wales to the Commonwealth.
Preamble. WHEREAS the Commonwealth and the State of New South Wales (in this
Act referred to as the State) have entered into an agreement, set out in the
Schedule to this Act, for the surrender to and acceptance by the Commonwealth
of the territory set out in the said agreement: And whereas it is desirable
that the said agreement be ratified and confirmed and that the surrender of
the territory be accepted by the Commonwealth: Be it therefore enacted by the
King's Most Excellent Majesty, the Senate, and the House of Representatives of
the Commonwealth of Australia, as follows:-
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Jervis Bay Territory Acceptance Act
1915-1973.*
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall commence on a day to be fixed by proclamation, after the
Act* passed by the Parliament of the State confirming the said agreement and
surrendering the territory to the Commonwealth has been proclaimed by the
Governor of the State to be in force.*
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - SECT. 3.
Ratification of agreement.
SECT
3. The agreement made between the Commonwealth and the State and set out in
the Schedule to this Act is hereby ratified and confirmed.
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - SECT. 4.
Acceptance of territory.
SECT
4. (1) Upon the commencement of this Act, the territory set out in the
agreement and surrendered by the State to the Commonwealth shall be and is
hereby accepted by the Commonwealth as a territory of the Commonwealth.
Application of laws.
Amended by No. 216, 1973, s. 3.
(2) The territory so accepted shall be annexed to and be deemed to form part
of the Australian Capital Territory, to the intent that all laws ordinances
and regulations (whether made before or after the commencement of this Act),
which are from time to time in force in the Australian Capital Territory shall
so far as applicable apply to and be in force in the territory so accepted.
Amended by No. 216, 1973, s. 3.
(3) Sections six to nine (both inclusive) of the Seat of Government
Acceptance Act 1909 and the whole of the Seat of Government (Administration)
Act 1910 except sections nine and ten shall apply to the territory as if it
formed part of the Australian Capital Territory.
Added by No. 216, 1973, s. 3.
(4) The territory so accepted shall be known as the Jervis Bay Territory.
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - SECT. 5.
Disposal of Crown Lands.
SECT
5. No Crown lands in the territory shall be sold or disposed of for any
estate of freehold, except in pursuance of some contract entered into before
the commencement of this Act.
Section 6 repealed by No. 70, 1955, s. 7.
* * * * * * * *
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JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - THE SCHEDULE
SCH
THE SCHEDULE
SURRENDER TO THE COMMONWEALTH OF AUSTRALIA BY THE STATE OF NEW
SOUTH
WALES OF LAND AT JERVIS BAY.
AGREEMENT between the Commonwealth of Australia (hereinafter called the
Commonwealth) of the one part and the State of New South Wales (hereinafter
called the State) of the other part:
WITNESSETH THAT, subject as hereinafter mentioned to the approval of the
Parliaments of the Commonwealth and of the State, it is hereby agreed as
follows:-
1. The State shall surrender to the Commonwealth, and the Commonwealth shall
accept, the territory (hereinafter called the territory), now being part of
the State, described hereunder, namely:-
All that piece and parcel of land and water situate at Jervis Bay in the
Parish of Bherwerre, County of St. Vincent, State of New South Wales,
Commonwealth of Australia, area about 18,000 acres, commencing at a point on
the high water mark on the left bank of Sussex Inlet at its intersection with
the western boundary of portion 12 of 40 acres and bounded thence westerly and
north-westerly by that high water mark to the high water mark of St. George's
Basin, thence in a general easterly and north-easterly direction by that high
water mark to its intersection with the production westerly of the southern
boundary of portion 18; thence easterly by a straight line formed by the
western production of the southern boundary of portion 18, the boundary
itself, and its production easterly to the high water mark of Jervis Bay;
thence by a line across the southern part of Jervis Bay bearing north-easterly
to a point in the high water mark of Jervis Bay at the northernmost extremity
of Bowen Island; thence by the high water mark of Jervis Bay and of the South
Pacific Ocean along the eastern boundary of Bowen Island to the southernmost
point thereof; thence by a line bearing south-westerly across the passage
between Bowen Island and Governor Head to the high water mark of the South
Pacific Ocean on the foreshore of the mainland, at the northernmost point of
Governor Head; and thence by that high water mark in a general southerly and
south-westerly direction to St. George's Head; thence in a general northerly,
westerly, and south-westerly direction by the high water mark of Wreck Bay to
the high water mark on the left bank of Sussex Inlet before mentioned; and
thence in a general northerly direction by that high water mark to the
commencing point.
2. This Agreement shall not in any way be binding unless and until it is
approved by the Parliaments of the Commonwealth and of the State, and
legislation is passed enabling the Commonwealth and the State to effect the
surrender and acceptance of the territory.
3. The Commonwealth shall account to the State for any purchase money
received by the Commonwealth in respect of any grant of an estate in fee
simple in the territory-
(a) made by the State before the date of the surrender; or
(b) contracted before that date to be so made, either unconditionally or
upon conditions which (except as to the payment of purchase money) have been
wholly fulfilled at that date.
4. The State shall make no claim for payment in respect of-
(a) the value of the waste lands of the Crown in the territory; or
(b) the rents and profits, after the date of the surrender, of any land in
the territory held from the Crown under any estate less than an estate in fee
simple; or
(c) the value of the right, title, estate, or interest of the Crown in
reversion or expectancy upon the termination of any such estate as mentioned
in the last preceding paragraph; or
(d) the purchase money for the grant by the State of any conditional estate
in any land in the territory, in respect of which at the date of the surrender
there remains unfulfilled any conditions precedent (other than the payment of
purchase money) to the grant of an estate in fee simple.
Signed by the Governor of the State of New South Wales, with the advice and
consent of the Executive Council thereof, for and on behalf of that State and
sealed with the public seal of that State on the twenty-third day of September
1913.
(L.S.) G. STRICKLAND
Governor of New South Wales.
By Command.
W. A. HOLMAN.
Signed by the Governor-General of the Commonwealth of Australia, with the
advice and consent of the Executive Council thereof, for and on behalf of the
Commonwealth and sealed with the seal of the Commonwealth on the 4th day of
December 1913.
(L.S.) DENMAN
Governor-General By
Command.
JOSEPH COOK.
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JERVIS BAY TERRITORY ACCEPTANCE ACT 1915-1973 - NOTES
NOTES
1. The Jervis Bay Territory Acceptance Act 1915-1973 comprises the Jervis Bay
Territory Acceptance Act 1915 as amended by the other Acts specified in the
following table:
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Number Date of
Act and year Date of
Assent commencement
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Jervis Bay Territory
Acceptance Act 1915 No. 19, 1915 12 July 1915 4 Sep 1915 ( see
Gazette 1915, p.
1710)
Australian Capital
Territory and Jervis Bay
(Lands Acquisition) Act
1955 No. 70, 1955 4 Nov 1955 16 Feb 1956 (see
Gazette 1956, p.
472)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 2-The Act of the Parliament of New South Wales which ratified and
confirmed the agreement and surrendered the territory to the Commonwealth is
the Seat of Government Surrender Act, 1915 (No. 9, 1915), which was assented
to on 20 February 1915 and proclaimed to commence on 21 April 1915. See N.S.W.
Gazette, 21 April 1915, p. 2362.