"
The Islan d of Nauru
No.
o:f
1952.
Al\f ORDINAlifCE
To provi de f'or the Acqu isit.io n of' Land f'or the purpo
ses
of' an Aerod rome
0
BE it ordai ned by the Actin g Adm inistr ator of' the
Islan c
of' Nauru , in pursu ance of' the powe rs conf'e rJ:,ed by
Artic
le
I of' the Agree ment betwe en His Maje st.y's Gover nment
in
Londo n, His Maje sty's Govel'"'nment of' the Comm onWea
Austl '"'alia and His IVIaj esty' s GoveI 'nmen t o:f the Domilth of'
nion
of' New Zeala nd, as f'ollow "8:tution .
1.
This Ordin ance may be cited as the Ael'"'odrome (Acg
,uisit ic
of' Land) Or din 8J!.22. 1952.
ini tions , 2,
In this Ordin ance, unles s the contr ary inten tion
appea l's
"Cou ncillo p" means a membep of' the Nauru Local
Gover nment Coun cil;
"the Admi nistpa tol'" means the Adm inistr ator f'or
the time being havin g the Adm inistr ation of'
the Islan d of' Nauru ;
"the Gaze tte" means the Naupu Gover nment Gaze tte;
"the Head Chief ''' means the persu n f'or the time
being holdi ng the of'f'ic o of' Head Chief ' of the
Islaf!. d of Nauru ;
"the Lands Ol'din ance" means the ;Lands
Ordin~
1921- 1951: .:-1' Lne Islan d of Nauru , as amend ed
from time to time.
isitio n
lando
3.
The Adm inistr ator may, by notic e in the Gaze tte
decla re
the lands descr ibed in the Sched ules to· this Ord'in
ance to be
acqui red 1'01' the purpo ses of an aOI'od rome.
co to
land
Admil 1.isor.
4. - (1.)
Upon. the pub-l icatio n: of' a notic e in the Gaze tte
under the last prece ding secti on the lands descr
ibed in tho
Sched ules to this Ordin ance shall" , by virtu e of
this
Ordin ance, becom e vesto d in the Adm inistr ator freed
-and
disch arged :from all trust s, oblig ation s, estat es,
intor c.3ts ,
contr 'acts, licen cos, charg es and easem ents,
2.
(2.)
For the purposes of this Ordinance the Admin
istrator is a corpoI'ation'sole with perpetual succession
5.
Forthwith
upo~
the pubiicat10n of a notice under
section three of tQ,1s Ordinance i the Adminietrator' shall
cause a copy of the notice to be serVied on such of the
owners of the land as can be ascertained.
6. - (1.) The Administrator shall pay to the owners of
land acquired uruder this Ordinance compensation in the
form of an amount payable annually in advance in perpetuity.
(2.)
The annual amount payabla in accordance with
this section shall be twice the amount which would be paJ
able at the rate prescribed by section1five of the Lands
Ordinance as the rental for the lease of non-phosphatebearing land.
7. - (1.)
~h~
last
In addition to the compensation prescribed by
~eceding
section the Aroninistrator shall pay to
the owners of land acquired under this Ordinance (a)
compensation at the rates prescribod by sectio
five of the Lands Ordinance for any coconut,
pandanus, tomarto or almond tree growip:g upon
the land at the date of the acquisition of the
land; and
(b)
compensatiolll representing the fair value of an;
building which is upon the land a t the data of
the acquisition of the land.
(2.) For the purpoSes of this section the fair valu(
of any huilding is the value assessed by a Committee
comprising the Administrator, the Head Chief and the
Councillor representing the District in which the land
upon which the building is erected is situated.
.1I1U\.,aQat-
foI' use
o cc.upation.·
land.
8.
The owners of the land described in the First Sch-
edule to this Ordinance shall be paid an amount calculatcc
at the rate of Six pounds per acre per annum as compensat
iom for the use and occupation of the land by the
1strator during the period from 1st
Admi~
November>. 1 qlll'\ t.n
3.
30th
June~
1951 inclusive ahd at the rate of Nine pounds
per acre per annum f'or the use and occupation of' the land
by the Administrator during. the period f rom 1st July, 1951
J
I
to the date of tho acquisition of the land.
1
)ayments
be made
9.
Ail payments prescribed by this Ordinance shall be made
\,0
rut
out of the Public Revenue of' the Island which is hereby
01'
i\Lblic
~3venue.
·lJ.aims 1'or
hmpensat-
j,n.
.
I
appropriated accordingly.
10.
Any person claiming to he entitled to compensatiorr, URGe
sections six, seven or eight of this Ordinance may make in
writing·a claim for compensatiom setting out (a)
the name and address of the claimant; and
(b)
particulars of the title of the claimant to the
I
land in respect of which compensatiom is claimed.
I
Ilaims to
served
!n Adminis ...
:rator.
11.
A person is not entitled to compensatiom under sections
I
Administrator, within twenty-eight days af'ter the publicatioI
.Ie
six, seven or eight of this Ordinance unless he serves on thl
in th€
Ga~ette
of' the notice 01' acquisition, or within such
further time as the Administrator a110ws,·a claim. in accord-
I
ance with the last preceding
I
~ccesslon
o
I
compen-
rtiOn •
12.
section~
The right· of' a persorr to compensatiomunder this Ordin-
ance shall devolve and may be transf'erred in the same manner
and to the same extent (if any) as if that right were the
ownership of the land in respect of which that right
aros~.
THE SCHEDULES
FIRST SCHEDULE
All that piece of' land in the Districts of' Yarren and
Boe, Island of Nauru, Central Pacif'ic Ocean
contai~ing
an
area of' 19 acres 2 roods 38 perches more or less commencing
at a point which bears 148 degrees 53 minutes 967.80 feet
f'ram the southern end of Line 4 of the Main Island Traverse
and bounded thence by lines bearing 40 degrees 14 minutes
200 feet, 130 degrees 14 minutes 4300 feet, 220 degrcos
14 minutes 200 feet and 310 degrecs 14 minutes 4300 f'eet
to the point of commencement.
4
SECOND fiCHEDULEo
All that piece of land in the Districts of Yarrer
and Boe, Island of Nauru, Central Pacific Ocean containing or
area of 77 acres 0 roods 7 perches more or less, comnencing
at a point which bears 336 degrees 26 minutes 20 seconds
328.80 feet from southern end of Line 4 of the Main Island
Traverse and bounded thence by a line bearing 130 degrees 14
minutes 7019 feet to a point on the High Water Mark of the
Pacific Ocean thence generally North Westerly by that High
Water Mark to another point which bears 310 degrees 14 minutG
85.40 feet, 286 degrees 26 minutes 766.14 feet, 289 degrees
24 minutes 363.26 feet, 291 degrees 25 minutes 355.67 feet,
294 degrees 29 minutes
41L~.
87 feet, 296 degrees 24 minutes
183.74 feet, 130 degrees 14 minutes 56.57 feet from the first
mentioned point on that High WaterMark thence by a line
bearing 310 degrees 14 min"utes 1740 feet, thence by part of
t!~.0
South Eastern boundary, the North Eastern boundary and
part of the North Western boundary of Portiori 51, District of
Yarren bearing respectively 42 degrees 50 minutes 161£46 feet
307 degr-ees 50 minutes 278 0 06 feet 221 degrees 50 minutes
149.94 feet thence by lino':; beQriug 310 degrees 14 mirrutes
2317,,14 feet. 247 degrees 22 minutes 40.24 feet to a point on
the High Water Mar-k of the Pacific Ocean thence generally Nor
Wester-ly by that High VVater- Marl: tu another point which bear-s
3:::'i:3 degrees h9 minutes 153.64 feet, 337 degr-ees 44 mi];JlUtes
608.60 feet from the last mentioned point on that High Water
Mar-k thence by a line bearing 40 degr-ees 14 minutes 415.85
fe0t to the point of commencement
~.JS.21~'S
from out the land
above described all that piece of land comnencing at a point
I
which bears 148 degrees 53 minutes 967.89 feot i'rom the south!
end of Line
4
of the Main Island Traverse and bounded thence
1
lines bear-ing 40 degrees Ih minutes 200 feet 130 degroes Ih
i
minutes 4300 feet 220 degrees 14 minutes 200 feet and 310
I
degr-oos Ih minutes 4300 feot to the point of commencement.
J
DATED
this
Seventh
day of
October,
1952.
(JoKo Lawrence,)
An+~~"
A~~~~~"+_~+~_