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GOVERNOR GENERAL'S RESIDENCE (GRANT) ACT 1945 - SECT 3
Authority to make grant to Commonwealth
3 Authority to make grant to Commonwealth
(1) The Governor is hereby authorised by Crown Grant to grant subject to the
provisions hereinafter contained the land described in the Schedule to this
Act to the Commonwealth of Australia in fee simple to be used exclusively as
and for the official residence in Sydney of the Governor General of the
Commonwealth and for no other purpose.
(2) Such Crown Grant shall provide in
such form as the Governor may direct: (a) for the user of the said land solely
for the purpose aforesaid,
(b) for prohibiting any alienation encumbrance
lease or disposition of any part of the said land,
(c) for the reservation
and exception from the Crown Grant of all mines of coal lying at a greater
depth than fifty feet from the surface of the said land with liberty to
persons authorised by the Governor to enter and remove the same,
(d) that
upon any breach of any of the provisions of the Crown Grant with respect to
the user of the said land or with respect to the prohibition of any alienation
encumbrance lease or disposition of any part of the said land (and
notwithstanding any failure or neglect to forfeit the land or avoid the Crown
Grant on any previous or other breach of any or all of such provisions and
notwithstanding any waiver of any or all of such breaches) the Governor shall
have full power and authority (by notification in the Gazette or by a notice
in writing given to the Prime Minister of the Commonwealth or the person for
the time being acting in his place) to forfeit the said land to His Majesty
His Heirs and Successors in right of the State of New South Wales and to avoid
the said Crown Grant and thereupon the said land shall become forfeited to His
Majesty His Heirs and Successors accordingly and the said Crown Grant shall
become absolutely void,
(e) that any notification by the Governor in the
Gazette or notice in writing referred to in paragraph (d) of this subsection
forfeiting the said land to His Majesty His Heirs and Successors in right of
the State of New South Wales and avoiding the said Crown Grant shall be
sufficient evidence of such forfeiture and avoidance and shall be prima facie
evidence of such a breach of the provision of the Crown Grant referred to in
the notification or notice as entitled the Governor so to forfeit the said
land and avoid the Crown Grant,
(f) that the provisions inserted in the Crown
Grant in pursuance of paragraph (a) or (b) of this subsection shall in
addition to being read and construed as conditions of the Grant be also read
and construed as covenants and agreements whereby the Commonwealth agrees with
His Majesty His Heirs and Successors in right of the State of New South Wales
to observe and perform the said provisions,
(g) for the acceptance of the
said Crown Grant by the Governor General of the Commonwealth on behalf of the
Commonwealth.
(3) It shall be a term of the issue of the said Crown Grant
that: (a) the Commonwealth pay to the Colonial Treasurer of the State of New
South Wales on behalf of that State the sum of thirty-four pounds being the
costs of the survey of the said land and the sum of two pounds two shillings
being the deed fee for issue of the said Crown Grant,
(b) as against His
Majesty His Heirs and Successors in right of the State of New South Wales no
objection shall be taken or raised by the Commonwealth on the grant of the
said land to or on account of all or any encroachments by or upon the said
land.
(4) References in this Act to the Governor General of the Commonwealth
extend and apply to such person as His Majesty shall appoint to administer the
Government of the Commonwealth whilst so acting.
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