Agricultural Lands Purchase Act Amendment Act 1918 (WA)

1919.] Agricultural Lands Purchase. [No. 7.

AGRICULTURAL LANDS

PURCHASE.

9° GEO. V., No. XXXVII.

No. 7 of 1919.

AN ACT to amend the Agricultural Lands Purchase Act,

1909.

[Assented to 3rd January, 1919.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1. This Act may be cited as the Agricultural Lands Pur- Short title.

chase Act Amendment Act, 1918, and shall be read as one

with the Agricultural Lands Purchase Act, 1909, hereinafter

referred to as the principal Act.

2. In this Act the expressions "Discharged Soldier" and I"'"""

"Dependant" shall have the same meanings respectively as

in the Discharged Soldiers Settlement Act, 1918.

3. Subsection two of section four of the principal Act is aernent of

hereby amended

(a)	by omitting the words "four pounds per centmn per annum," and inserting in place thereof "the rate prescribed for the time being under the General Loan and Inscribed Stock Act, 1910"; and
(b)	by omitting the words "twenty-five years," and in-

serting in place thereof "forty years."

4. Section five of the principal Act is amended by omit- temeen5d. ment of

Ling the word "five," in subsection one, and inserting the word "nine" in place thereof, and by adding the following words to subsection two:—"and, unless the Minister shall

No. 7.] Agricultural Lands Purchase. [1919.

otherwise direct, not more than three members shall act for the purpose of reporting on any offer of land or on any land proposed to be compulsorily acquired under this Act."

Amendment of 5. Section seven of the principal Act is hereby amended Sec. 7.

by omitting paragraphs (b), (d), and (e) thereof.

Amendment of 6. Section eight of the principal Act is hereby amended Sec. 8,

by omitting the words "and is likely to be immediately selec- ted for agricultural settlement, and that there is no sufficient quantity of Crown lands in the neighbourhood available for such settlement."

Amendment of

Sec. 9. 7. Section nine of the principal Act is hereby amended by

omitting the words "surrendered to," and inserting "ac-

quired by" in place thereof.

Amendment

Sec. 15. of 8. Section fifteen of the principal Act is hereby amended by omitting the words "surrendered to," and inserting "ac- quired by" in place thereof.

Extension of	9. Notwithstanding anything contained in the principal
the term of

teases.	Act to the contrary
(1.) The selling price of land selected thereunder after the commencement of this Act, with interest, shall be pay- able

(a) by half-yearly instalments extending over a period

of not exceeding thirty years; or

(b) if the selection is by a discharged soldier or a de- pendant, by half-yearly instalments extending over a period not exceeding forty years;

and the amount of each half-yearly instalment, as prescribed by the Second Schedule to the principal Act, shall be propor- tionately reduced.

(2.) If the land is selected by a discharged soldier or a dependant, the following provisions shall apply :--

The Minister

(a) may dispense with the pre-payment with the appli-

cation of the said first half-year's instalment;

(b) may impose on the lessee the liability to pay dur- ing the first five years of the term interest at the prescribed rate on the cost of survey of and the value of the improvements on the land, and free him from liability to make any other payments

1919.] Agricultural Lands Purchase. '[No. 7.

during that period, but in that case the lease shall provide for the payment during the re- mainder of the term of the purchase money with interest added by equal half-yearly instalments in advance; and

(c) may dispense with payment of all or any interest during the first year of the term of the lease, but in that case such interest shall be capitalised and added to and treated for all purposes as part of the purchase money.

The Governor may extend the term of any condi- tional purchase lease granted under the principal Act on and after the first day of January, One thousand nine hundred and nine, from twenty to not exceeding thirty years, and increase the number of half-yearly instalments of purchase money, with interest, from forty to not exceeding sixty instalments, and the amount of each half-yearly instalment may be pro- portionately reduced.

(3.)

For the purposes of this section, the table in the

second schedule to the principal Act may be adjusted by regu-

lations under this Act.

(4.)

(5.)

In section fourteen of the principal Act the words

"term of the lease" are hereby substituted for the words

"term of twenty years."

10.    The interest chargeable to the lessee of any selection Rate of int&est

shall, in regard to discharged soldiers or dependants, be the reazeaebsly by

rate payable for the money raised and applied to the acqui- sition of the land selected, except that the interest on the, value of improvements may, during the first five years, be reduced, and shall be payable as prescribed.

11.    The Minister may, under and subject to such condi- penfternyenaLeof

tions as may be prescribed, defer for a period not exceeding lazdidelnscharge

five years the payment of interest or purchase money and in-

terest payable under leases held by lessees who are or have

been on active service with His Majesty's naval or military

forces, or the naval or military forces of the Commonwealth:

Provided that such deferment shall not affect the obliga- tion of the lessee to pay the full purchase money with interest added within the term of the lease, and the half-yearly pay- ments shall be proportionately increased during the remain- der of the term after the expiration of the period for which the payment was deferred.

No. 7.] Agricultural Lands Purchase. [1919.

Power to ac-

quire land corn.	12.	(1.) The Governor may, subject as hereinafter pro-
the settlement

pulsorlly for

vided, compulsorily acquire private land for the settlement of

of discharged

soldiers.

discharged soldiers or their dependants, under the provisions

of the Discharged Soldiers Settlement Act, 1918:

See Q. 0, Ed w

Provided that the compulsory provisions of this Act shall only apply where the private land proposed to be acquired exceeds five thousand pounds in value, exclusive of improve- ments, unless in the opinion of the Minister it is necessary for the better and more economical subdivision of any Crown land, including land acquired under the principal Act, to acquire adjoining private land.

111/., No. 32, s.

11.

Ibid., s. 2. (2.) In this and the following sections of this Act, the

term "private land" means land alienated by the Crown for an estate in fee simple, other than land granted to trustees by way of endowment, or as a reserve for any public purpose; and the term "owner" means any person owning private land in fee simple, and includes any person who, as trustee, execu- tor, administrator, life tenant, mortgagee, or otherwise how- soever, possesses the legal power of sale of private land in fee simple, whether with or without the consent of the Supreme Court, or of any person having any estate or in- terest in the land.

(1.) The Board shall, at the request of the Minister, inquire into and report upon the suitability of private land for the purpose aforesaid, and the members of the Board, with such assistance as may be reasonably required, may enter upon the land and remain there for such time as may be necessary.

Inquiry by 13.

Board and

report.

(2.) If the Board is of opinion that the land is suitable for the purpose aforesaid, it shall, after taking evidence, if it thinks fit, of competent valuers, determine what in the opinion of the Board is the value of the land, and report in writing to the Minister.

Land may be 14. The Minister may, with the approval of the Governor,

try. compel- offer to purchase the land, and if, after an offer to purchase 2-'2'afitg" has been made, it appears to the Minister that no agreement

for sale can be come to, the Minister may, with the approval of the Governor, acquire the land compulsorily under this Act:

Provided that the owner of the land acquired shall not be

required, without his consent, to give up possession of the

land until the expiration of six months from the publication

1919.] Agricultural Lands Purchase. [No. '7.

in the Gazette of the notice of acquisition, and such time may

be extended by the Board for a period not exceeding twelve months; but the compensation money shall not be payable until possession is given.

15. (1.) When the Governor has ordered any land to be pozenegthirae r njo

compulsorily acquired under this Act, such land shall be deemed to be required for a public work within the meaning of the Public Works Act, 1902, and the Governor may, by notice

published in the Gazette, declare that the land has been set

apart or resumed under the Public Works Act, 1902, for the purpose of this Act, and that a plan and more particular de- scription of the land may be inspected at a convenient place to be stated in such notice.

(2.) On the publication of such notice, the relative pro visions of the Public Works Act, 1902, shall, subject to this Act, apply to and in respect of the land, and of all persons interested therein, but such provisions shall be construed as if the Minister referred to therein were the Minister charged with the administration of this Act.

16. (1.) The owner of an estate in possession the whole night of m reta orag. in

of which is proposed to be taken compulsorily shall have the

right to retain in one block out of the estate, for the purpose see Q , flw•

VII., No. 32, s.

of residence or business, laud the value of which (without M.

taking into account any improvements thereon) does not ex- ceed three thousand pounds, or seven thousand five hundred pounds in the case of an estate the unimproved value of which exceeds twenty-five thousand pounds, or ten thousand pounds in the case of an estate the unimproved value whereof exceeds fifty thousand pounds.

If there is a homestead upon the land, the Minister may require the owner, in exercising his right to retain, to so exercise it as to include the homestead in the block re- tained, together with the outbuildings belonging or adjacent

(2.)

thereto.

(3.) Such right shall be deemed to be waived unless the CI n to retain

owner asserts his right in his claim for compensation, and Par •

also specifies therein with reasonable particularity the area, situation, and boundaries and value of the land (without tak- ing into account any improvements thereon), which he pro- poses to retain.

(4.) The right to retain shall be so exercised as not to Exorcise of

prejudicially affect the land proposed to be acquired, save to right.

No. 7.] Agricultural Lands Purchase. [1919.

the extent necessary in order to enable the owner to retain up

to the prescribed maximum value.

Restriction on

disposition	(5.) In order to prevent any evasion or avoidance of this section, the area of the whole estate shall be computed as at the date of publication in the Gazette of the notice of acquisi- tion, and no subsequent disposition of the estate, or any part thereof, shall operate to defeat the power of the Minister to acquire the land.
estate. of

to require whole	Right of owner 17. (1.) If the land compulsorily acquired comprises por-
estate to be tion of a property occupied or used as one estate, then thetaken when part only ac- owner may, by notice in writing served on the Minister, within

n: 6, Edw. a month after the publication of the notice of acquisition No. 325,

14 (3).

under the Public Works Act, 1902, require the Crown to take

the whole estate.

(2.) If the Minister, within ten days after the service of the requisition, assents thereto in writing, the said notice of acquisition shall have effect as if it had referred to the whole estate, but if the Minister does not assent, then the owner may apply in Chambers to a judge for an order directing that the whole of the said estate shall be resumed, and the judge, after hearing the owner and the Minister, may make the order asked for (unless the Governor elects to revoke the notification of the taking of the land), or may dismiss the ap- plication, and in either case may make such order as to costs as shall be just. The judge's decision shall be final, and if he directs the acquisition of the whole estate, then the said notice of acquisition shall be deemed to have referred to and com- prised the whole of the estate.

Certain pro-

visions Works 18. (1.) The following sections of the Public Works Act,

Act, 1002, not Works 1902, shall not apply in respect of proceedings concerning

• to apply. lands compulsorily acquired for the purposes of this Act, that

is to say—Sections 39, 48 to 62 (both inclusive), 67, 68, 70,

71, and 72.

(2.) The words "Supreme Court" shall be deemed to be substituted for "Compensation Court" throughout the Pub- lic Works Act, 1902, for the purposes of this Act, and the Governor may by regulation vary the forms in the schedules to that Act in such manner as may be necessary to adapt them to the purposes of this Act.

(3.) The reference to Section 39 of the Public Works Act, 1902, in Section 36 thereof, shall for the purposes of this Act be deemed a reference to Section 23 of this Act.

1919.] Agricultural Lands Purchase. [No. 7.

19. Notwithstanding anything in the Public Works Act, etern tipoennfunot

1902, if any claimant rejects any offer of compensation made

to him pursuant to the Public Works Act, 1902, in respect of M N	. als
land acquired for the purposes of this Act, or if no such offer is made to him within the time limited by the Public Works Act, 1902, for the purpose, then the claimant may bring an action in the Supreme Court for the compensation against the Minister in his official name as representing the Crown.

aPortolced um fn

20. Every action for compensation shall be instituted ' on .

carried on, heard and determined in the same manner as an

ordinary action, and shall be subject to the ordinary incidents osracr,113:713

of litigation between party and party: Provided, however,

that

(a)	The action shall be tried without a jury:
(b)	The court shall have no power to direct a reference

to arbitration except by consent of the parties:

(c) The costs shall be in the discretion of the court: pro- vided that if the compensation awarded does not exceed the amount of the offer, if any, or does not exceed one-half of the amount claimed, the claim- ant shall, unless the court for good cause otherwise directs, pay the costs of the action.

21. If any action is brought under this Act for compen- joinderof pm-

sation for any qualified or partial interest in land, or for sev- erance or injurious affection of lands in which the plaintiff has only a qualified or partial interest, the court may order the joinder, as plaintiff in the action, of any person who has claimed compensation for or in respect of any estate or in- terest in the land, and may assess and award compensation for or in respect of such estates or interests in the land as are represented in the action.

22. Subject as hereinafter provided, no action shall be Limitation.

brought for compensation unless a claim for such compensa- tion has been made within the time limited by the Public Works Act, 1902, nor shall any such action be brought more than one year after the making of the claim.

23. (1.) When a claim is not made or action brought with- Exceptions in

in the time aforesaid, and any person who has the right to so	cars tarir.
disablity.
prefer the claim or bring the action is believed to be absent from the State, or an infant, or of unsound mind, the Minis-

No. 7.] Agricultural Lands Purchase. [1919.

ter may apply to a judge of the Supreme Court for an order directing the amount of the compensation payable to be as- sessed and awarded in the Supreme Court.

(2.) The Supreme Court shall, after such notice to such persons as it directs, determine and award the amount of compensation payable, and shall have jurisdiction in the mat- ter as if an action had been duly instituted therein claiming the compensation.

Payment of 24. If any doubt, difficulty, or dispute shall arise as to the

compensation

or purchase money intoright or title of any person to receive any compensation

in certain cases. Supreme emit awarded under this Act, or any purchase money or compensa-

tion agreed to be paid by the Minister, or if any person en-

titled to any such compensation or purchase money is under any legal disability, then the Minister shall be deemed to be a trustee of the amount of the compensation within the mean- ing of section forty-six of the Trustees Act, 1900, and may pay the same into the Supreme Court under that section, and the moneys shall be disposed of as moneys paid into court under that section are disposed of.

Disposal of and not select-25. If any land compulsorily acquired under this Act is years after theoil within two not disposed of to discharged soldiers within two years after present war• the termination of the present war, such land may be thrown

open for selection under the provisions of the principal Act

without restriction as to the class of selectors.