1974
1974
2012-07-06
act
publicspecial
act.reprint
allinforce
2012-07-06
act-2012-042
none
act-1974-025
6a6148bc-6d09-4faf-8616-ee3b8db0a8b2
c944a7d2-5bfb-4f20-9bdc-6f0bd1e38385
Repeal:
The Act was repealed by Sch 5 to the Statute Law (Miscellaneous Provisions) Act 2012
No 42 with effect from 6.7.2012.
An Act to sanction and to provide for the
carrying out of works for the Lord Howe Island Aerodrome; to amend the Public Works Act 1912, and the Lord Howe Island Act 1953; to validate
certain matters; and for purposes connected therewith.
1Name of
Act
This Act may be cited as the Lord
Howe Island Aerodrome Act 1974.
2Interpretation
(1)
In this Act, scheduled works means the works
described in the Schedule, subject to such modifications and deviations as may
be deemed necessary or desirable by the Minister.
(2)
The site of the scheduled works is shown on the
plan marked “Lord Howe Island General Layout of Proposed Airstrip”
signed by the Minister and the Director of Public Works and deposited in the
public office of the Minister.
3Scheduled works
sanctioned
(1)
The carrying out of the scheduled works is hereby
sanctioned.
(2)
The Minister is empowered to carry out the
scheduled works and for the purpose of so doing may do all such things,
including entering into contracts, as he may consider
necessary.
4Estimated cost not to be
exceeded by more than 10 per centum
The cost of carrying out the scheduled works
which, exclusive of amounts paid in connection with the acquisition of land,
is estimated at $750,000, shall not be exceeded by more than 10 per
centum.
5Application of Public Works Act
1912
(1)
The scheduled works shall be deemed to be
authorised works within the meaning of the Public Works Act
1912 (in this section referred to as the Act).
(2)
For the purpose of the scheduled works, the
Minister shall be the Constructing Authority within the meaning of the
Act.
(3)
The provisions of the Act, other than sections
34, 35, 36, 37, 98, 99 and 100, shall apply to and in respect of the scheduled
works.
(4)
Without prejudice to the generality of the other
provisions of this section, the provisions of section 38 of the Act shall
apply to and in respect of a contract made or to be made under section 3
(2).
6Leasing under Lord Howe Island Act
1953
(1)
In this section:
Crown
lands, Islander and vacant Crown lands have the meanings
respectively ascribed thereto by the Lord Howe Island
Act 1953.
former
lessee means a person, not being an Islander, who, at any
time before the commencement of this Act, was the holder of a lease of Crown
lands and surrendered those lands under section 22A of the Lord Howe Island Act 1953, to permit the
construction, on any part of those lands, of the scheduled
works.
(2)
The Minister for Lands may, under section 21 of
the Lord Howe Island Act 1953, grant a lease
of vacant Crown land to a former lessee, notwithstanding that the former
lessee is not an Islander, if that former lessee, before the commencement of
this Act made, or within six months after that commencement makes, application
therefor.
(3)
Notwithstanding section 21 (9) of the Lord Howe Island Act 1953, the rent of a
lease granted as referred to in subsection (2) shall be such amount as is
fixed by the Board by a determination made as soon as practicable after the
lease is granted and, subject to subsection (4), shall operate in respect of
the lease on and from the date of the grant.
(4)
Section 25 (4) of the Lord
Howe Island Act 1953 applies to and in respect of a lease
granted as referred to in subsection (2) in the same way as it applies to and
in respect of a lease referred to in section 25 (4) of that Act but as if the
reference in section 25 (4) of that Act to the rent determined under section
25 (1) of that Act were a reference to the rent determined under subsection
(3).
7Superfluous
lands
Any lands taken or acquired by the Constructing
Authority for or in connection with the construction of the scheduled works
that are not required for or in connection with those works upon their
completion shall, on and from the day on which a description of those lands is
published in the Gazette, be vacant Crown lands within the meaning of the
Lord Howe Island Act
1953.
8Validation
Any act, matter or thing done or commenced to be
done by the Constructing Authority before the commencement of this Act shall
be as valid and effective as it would have been had this Act been in force
when that act, matter or thing was done or commenced.
Schedule
(Section 2)
Description of
works
1
Works for the Lord Howe Island Aerodrome
comprising the construction of a runway approximately 3,300 feet long and 300
feet wide in a generally north-westerly direction from Blinky Beach to Prince
William Henry Bay, with such associated works as may be deemed necessary or
desirable by the Minister.
2
The construction of roads of access to the borrow
areas referred to in item 4.
3
The relocation and reconstruction of existing
roads and the relocation and re-establishment of other existing services
rendered necessary by the carrying out of the works referred to in items 1 and
2.
4
The establishment of borrow areas for filling
required for carrying out the works referred to in items 1 to 3 inclusive and
item 5.
5
Such works for the protection of the environment
as may be deemed necessary or desirable by the Minister as a consequence of
carrying out any of the works referred to in items 1 to 4
inclusive.
Historical
notes
Table of amending
instruments
Lord Howe Island
Aerodrome Act 1974 No 25. Assented to
17.4.1974.