Western Australian Consolidated Acts Western Australian Consolidated Acts In order to facilitate
re-subdivision of the Gazetted land for the purposes of the State Housing
Act 1946 —
(a)
(i) so much of the Gazetted
land as is the subject of Certificate of Title Volume 1136, Folio 784, is
hereby removed from the operation of the Transfer of Land Act 1893 , and
is hereby constituted Crown land according to the meaning given to the
expression, “Crown land” by section four of the Land Act 1933
;
(ii)
the Governor may grant to the Commission the fee simple
in possession
in the Gazetted land;
and
in the land comprised
in the road and right-of-way closed by paragraph (b) of this section;
either without
reservation, or with such reservations including reservation to the Crown of
rights to mines of coal and other minerals, if any, in the land, as the
Governor thinks fit; but the Commission shall not be required to pay any
consideration or fee for the grant;
(iii)
the specified Order in Council is hereby cancelled; and
(iv)
the Gazetted notice having been published on the
twenty-fifth day of August, one thousand nine hundred and fifty, and the
amending Acts having come into operation on the thirteenth day of December,
one thousand nine hundred and fifty-five, and the twenty-seventh day of
December, one thousand nine hundred and fifty-six respectively, it is hereby
further expressly enacted in order to avoid any doubt which might otherwise
arise, that the amendments to the Public Works Act, 1902 , effected by the
amending Acts do not apply and shall be deemed never to have applied, to or in
respect of the Gazetted land, the operation of the provisions of this Act in
general, the exercise by the Governor of any power conferred by this Act in
particular, or the use of the land for any of the purposes of the State
Housing Act 1946 ; and
(b) on
the coming into operation of this Act
(i)
the public road known as Carlotta Street, being a road
one chain wide along the southern boundaries of Lots 31 to 34 inclusive on
Land Titles Office Plan 2 No. 4824; and a public right-of-way,
thirty links wide, along the northern boundaries of Lots 31 to 34 inclusive on
Land Titles Office 2 Plan 4824;
are hereby closed and
all rights-of-way over them cease; and
(ii)
the land comprised in the road and right-of-way so closed
is hereby revested in Her Majesty as of Her former estate and is removed from
the operation of the Transfer of Land Act 1893, in order that it may be
included in the re-subdivision of the Gazetted land which is referred to in
subparagraph (i) of paragraph (a) of this section, and in order that
the fee simple in possession in the land comprised in the road and
right-of-way so closed may also be granted to the Commission in the manner
prescribed by subparagraph (ii) of paragraph (a) of this section.