An Act to make provision for authorising the appropriation or resumption of land for charitable, benevolent and philanthropic purposes in certain cases; to amend the Public Works Act 1912, as amended by subsequent Acts in certain respects; and for purposes connected therewith.

1   Name of Act

This Act may be cited as the Land Acquisition (Charitable Institutions) Act 1946.

2   Definitions

(1)  In this Act unless the context or subject-matter otherwise indicates or requires:

Governing body in relation to an institution means the committee of management or board of directors or other body in whom is vested the management, conduct or control of the institution.

Institution means:

(a)  any public hospital within the meaning of the Health Services Act 1997, or

(b)  any other hospital or health organisation (other than an area health service or statutory health corporation within the meaning of the Health Services Act 1997), or

(c)  any orphanage, school, kindergarten, day nursery, infant or child welfare centre, or

(d)  any pre-natal or post-natal centre, clinic or home, or

(e)  any institution or establishment of a charitable, benevolent or philanthropic nature.

(2)  A reference in this Act to an institution shall be construed as including a reference to an institution proposed to be established.

3   Application of this Act

(1)  The provisions of this Act shall apply to and in respect of such institutions as the Governor may from time to time by notification published in the Gazette declare to be institutions for the purposes of this Act, and to and in respect of those institutions only.

Editorial note. For institutions declared under this subsection, see the Historical notes at the end of this Act.

(2)  The Governor may by notification published in the Gazette rescind any notification referred to in subsection (1), and upon such rescission the provisions of this Act shall cease to apply to or in respect of the institution mentioned in the notification so rescinded.

4   Compulsory acquisition of land for purposes of an institution

(1)  The Minister may acquire land, for the purposes of an institution, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2)  The Minister may do so only if the governing body of the institution:

(a)  applies to the Minister for acquisition of the land, and

(b)  makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).

(3)  The Minister may transfer land acquired under this section to the institution that has applied for the acquisition or to a nominee of that institution.

(4)  For the purposes of the Public Works Act 1912, an acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.

5   (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Institutions to which Act applies

Institution	Gazette
	No	Date	Page
Benevolent Society of New South Wales	63	11 June, 1948	1400
Country Women’s Association of New South Wales	65	18 June, 1948	1448
Furlough House	8	27 January, 1956	182
Glebe Administration Board	53	17 April, 1970	1352
Kuringai Community Service Hospital	27	3 March, 1961	610
Marcellin College, Randwick	1	7 January, 1966	116
Mater Misericordiae Hospital (North Sydney)	70	25 June, 1948	1546
New South Wales Institution for the Deaf and Dumb and the Blind	148	15 September, 1950	2810
Royal Alexandra Hospital for Children	6	21 January, 1955	129
St Carthage’s School, Lismore	17	13 February, 1948	355
St Luke’s Hospital	116	9 October, 1964	3153
St Margaret’s Hospital for Women (Sydney)	70	25 June, 1948	1547
St Vincent’s Hospital, Darlinghurst	100	29 August, 1947	2010
Sub-Normal Children’s Welfare Association	50	5 May, 1961	1290
Sydney Church of England Grammar School	32	25 March, 1966	1309
The Asthma Foundation of New South Wales	19	24 February, 1967	684
The Australian Boy Scouts Association, New South Wales Branch	99	10 July, 1981	3729
The Far West Children’s Health Scheme	5	16 January, 1948	89
The Queen Victoria Hospital for Women and Babies	75	1 August, 1958	2270
The Royal Prince Alfred Hospital	49	25 March, 1949	925
The Sydney Day Nursery and Nursery Schools Association Incorporated	24	5 March, 1948	520
Trustees of the Sisters of Charity of Australia	129	29 October, 1948	2890

Table of amending instruments

Land Acquisition (Charitable Institutions) Act 1946 No 55. Assented to 27.12.1946. This Act has been amended as follows:

1980	No 196	Miscellaneous Acts (Crown Land Titles) Amendment Act 1980. Assented to 22.12.1980. Date of commencement of Sch 1 (except as provided in sec 2 (4)–(6)), 1.10.1981, sec 2 (3) and GG No 141 of 25.9.1981, p 5107.
1986	No 53	Miscellaneous Acts (Area Health Services) Amendment Act 1986. Assented to 14.5.1986. Date of commencement of Sch 1, 1.7.1986, sec 2 (2) and GG No 99 of 27.6.1986, p 2946.
1991	No 22	Land Acquisition (Just Terms Compensation) Act 1991. Assented to 30.8.1991. Date of commencement, 1.1.1992, sec 2 and GG No 163 of 22.11.1991, p 9736.
1997	No 154	Health Services Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423.
1999	No 85	Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1).

This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 12.11.1979, and published in GG No 153 of 16.11.1979, p 5743, declaring that the Land Acquisition (Charitable Institutions) Act 1946 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendments

No reference is made to certain amendments made by the Reprints Act 1972.

Sec 2	Am 1986 No 53, Sch 1; 1997 No 154, Sch 6.19.
Sec 4	Am 1980 No 196, Sch 1. Subst 1991 No 22, Sch 1.
Sec 5	Rep 1999 No 85, Sch 4.