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Part VII. Reserves, Etc.
144. The Governor may from time to time, either by a
Governor may make reserves. Temporarily in first instance.
general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the following purposes, viz.: for docks, quays, improvement of harbours, landing places, tramways, railways, railway stations, roads, bridges, ferries, canals, or other internal communications whether by land or by
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water, reservoirs, aqueducts, water-courses, water-races, drains, improvement and protection of rivers, irrigation and works connected therewith, embankments, quarries, gravel-pits, sites of markets, abattoirs, public pounds, baths, wash houses, mechanics' institutes, libraries, museums, or other institutions of instruction, county or municipal buildings, courthouses, gaols, prisons, or other public buildings, sites and grounds for schools, colleges, reformatories, hospitals, asylums, and charitable institutions, or for the purposes of any agricultural or pastoral associations, or for the growth and preservation of timber, gardens, parks, or domains, places for the interment of the dead, or for the health, recreation, convenience, or amusement of the people, or for the use, support, or education of aboriginal natives of the colony, or for any purpose of public defence, safety, utility, advantage, or enjoyment; or as endowments for education.
After interval, land may be permanently reserved.
145. When any land has been temporarily reserved, notice of such reservation shall be published in the
Gazette.
At the expiration of one month, but not later than six months, after the publication of such notice, the lands described therein (not being reserves for endowments) may be permanently reserved, and notice of such permanent reservation shall be published in the Gazette, and failing such permanent reservation any such temporary reservation shall be void.
Reserves may be granted in trust.
146. Upon such notices being duly published as aforesaid, the lands described in such notices respectively shall become and be dedicated to the purposes for which they were reserved respectively, and may at any time thereafter be granted for such purposes in fee-simple, or disposed of in such other manner as for the public interest may seem best, subject to the condition that they shall be held in trust for the purposes for which they were reserved, unless such purpose be lawfully changed.
Endowment reserves to be sanctioned by Parliament.
147. Before any land is permanently reserved as an endowment as hereinbefore mentioned a description of the land proposed to be reserved, and the purpose for which it is to be reserved, shall be laid upon the table of each House of the General Assembly.
(1.) The two Houses may, by resolution jointly agreed to, alter, vary, or modify the area of any
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such reserve as they shall think fit, or they may nullify the same by a resolution disapproving thereof.
(2.) A copy of every such joint resolution shall forthwith, after the passing thereof, be transmitted by the Clerk of each House to the Colonial Secretary, who shall, without delay, publish the same in the Gazette.
(3.) In the absence of any resolution of both Houses with respect to any such reserve, the said reserve shall, as soon as conveniently may be after the termination of the session, be proclaimed by the Governor as not having been disapproved.
(4.) In the event of a resolution of both Houses, altering, varying, or modifying the area of any reserve, the Governor may, if he shall think fit, proclaim the same in its amended form.
(5.) From and after the date of any Proclamation issued under either of subsections three or four hereof, the land comprised therein shall be deemed to be and shall be reserved for the purposes in such Proclamation mentioned.
148. It shall be lawful for the Governor to change the
Governor may change purpose of reserve.
specific purpose for which any land has heretofore been set apart as a reserve, or to make such change in respect of a portion only of such reserve, and also to exchange any land for the time being set apart as such reserve, or any portion of such reserve, for other land of equal value, as he may think fit, and, in case of the exchange of any such land, to make a Crown grant thereof accordingly; but no change shall be made in the specific purpose for which any such reserve shall have been set apart, and no exchange of any such reserve shall be made, until after a public notice of such intended change or exchange respectively has been inserted in the
Gazette for four consecutive weeks: Provided always that this section shall not apply to any reserve set aside as an endowment for any corporation or public body; but notice of any change that shall be made in the specific purpose for which any such reserve shall have been set apart, and any ex-change of any such reserve, shall be forthwith laid before both Houses of Assembly if Parliament be then sitting, or, if not, within ten days after the beginning of the then
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ensuing session of Parliament; and if any such notice shall be disapproved by either House of Assembly within one month after the same shall have been so laid before Parliament, such change or exchange shall have no effect or validity.
License to occupy reserves.
149. The Board may cause a license to occupy to be issued of any reserve or part of any reserve vested in Her Majesty either heretofore made or hereafter to be made, if not required for immediate or early use for the purposes for which it may have been reserved: Provided always that every such license shall be surrendered to the Governor upon demand at any time after notice of not less than twelve months, without any right to compensation on any account whatever accruing to the licensee.
Survey to be made before license granted.
150. No such license shall be granted until a survey has been made of the land applied for to the satisfaction of the Board, who may require the applicant to have such survey made at his own expense, the cost of such survey as shall be fixed by the Board to be repaid to the person having it made out of the first rent received for the land so surveyed.
Land in license may be taken for roads.
151. Nothing in any such license contained shall affect the right of the Governor to take any part of the lands therein mentioned for the construction of roads, railways, or tram roads through the said land to an extent not exceeding one-twentieth part of such land, and such right may be exercised by the Governor at any time during the currency of the license, and the licensee shall have no claim for compensation except a reduction in his rent in proportion to the extent of land taken.
Errors of description may be amended.
152. Where there has been any error of description made in the notification of any intended reserve, or where there appears a great discrepancy in the area of any intended reserve after the same shall have been surveyed, the Governor may cancel any notification that may have been made in respect of such reserve, and issue fresh notifications in respect thereof, with amended particulars and descriptions.
Land discharged from reservation may be sold after three months' notice.
153. Whenever any land which, under or by virtue of any Act of the General Assembly or other law, or any power or authority given by any such Act or law, has been reserved or excluded in any manner from sale shall become released or withdrawn from any such reservation
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or exclusion, and shall be in any manner opened for sale, public notification thereof shall be made forthwith, and such notification shall be repeated at least once at an interval at not less than a fortnight after the first publication thereof; and no sale whatever of any of such land or of any portion thereof shall be valid if made at any time before the expiration of three months at least after the day of the first publication of such notification.
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water, reservoirs, aqueducts, water-courses, water-races, drains, improvement and protection of rivers, irrigation and works connected therewith, embankments, quarries, gravel-pits, sites of markets, abattoirs, public pounds, baths, wash houses, mechanics' institutes, libraries, museums, or other institutions of instruction, county or municipal buildings, courthouses, gaols, prisons, or other public buildings, sites and grounds for schools, colleges, reformatories, hospitals, asylums, and charitable institutions, or for the purposes of any agricultural or pastoral associations, or for the growth and preservation of timber, gardens, parks, or domains, places for the interment of the dead, or for the health, recreation, convenience, or amusement of the people, or for the use, support, or education of aboriginal natives of the colony, or for any purpose of public defence, safety, utility, advantage, or enjoyment; or as endowments for education.
such reserve as they shall think fit, or they may nullify the same by a resolution disapproving thereof.
ensuing session of Parliament; and if any such notice shall be disapproved by either House of Assembly within one month after the same shall have been so laid before Parliament, such change or exchange shall have no effect or validity.
or exclusion, and shall be in any manner opened for sale, public notification thereof shall be made forthwith, and such notification shall be repeated at least once at an interval at not less than a fortnight after the first publication thereof; and no sale whatever of any of such land or of any portion thereof shall be valid if made at any time before the expiration of three months at least after the day of the first publication of such notification.