Act No. 09, 1901.
An Act to provide for setting' apart certain Crown lands for working men's blocks ; for pro viding loans to the lessees of such blocks; and for other purposes. [27th December, 1901.]
| BE it enacted by the K i n g ' s Mos t | t he advice and consent of t he Legislat ive Council and | Legis la t ive |
| Exce l l en t Majesty, by and | w i t h |
| Assembly of N e w South | wales | in Pa r l i amen t assembled, and by t h e |
au thor i ty of t h e same, as follows :—
1. This A c t may be cited for all purposes as t he " Blockholders
A c t . "
2. I n t he const ruct ion of this Act, excep t where by the subject- " Board " means local land board of t he district in which the
| m a t t e r | or con tex t a different | construct ion | is | r equ i red ,— |
| b u d | is s i tuate , as cons t i tu ted | u n d e r t he Crown | Lands | Acts . |
| " D i s t r i c t " | means | land | distr ict | const i tu ted | unde r | t he | Crown |
Lands Ac t of 1884,
" Block " means the land held by the blockhokler.
" Blockhokler " includes as well t he lessee to w h o m a lease of a
work ing m a n ' s block has been gran ted p u r s u a n t to this Act , as t he t ransferee, devisee, or personal representa t ives of
" Crown lands " has t he same m e a n i n g as in the Crown L a n d s A c t of 1881 , and includes also lands declared by the Governor to be Crown land under th is Ac t .
| " F u n d " | means " T h e | Blockholders | Loan | F u n d , " cons t i tu ted | by |
| " L e s s e e " | includes | the | heirs, | executors , | adminis t ra tors , | a n d |
assigns of t h e lessee.
| " M i n i s t e r " | means Secretary for | Lands . |
| " P e r m a n e n t | bui ld ings " | means | and | includes " dwel l ing-house , " |
| " w o r k s h o p , " | and | " s t a b l e s . " |
| " P r e s c r i b e d " means prescr ibed by | th is | Ac t | or | any | regula t ions |
| made | the reunder . |
| Leases | of small | blocks for | work ing | men. | |
| 3. T h e Governor m a y declare by notification in t he | Gaze t te |
tha t any Crown land there in described is set a p a r t for t he purposes of
work ing men ' s blocks for the purposes of th i s Ac t .
T h e Minis ter shal l t he reupon cause such Crown lands to be surveyed in blocks n o t exceeding t en acres in area, and by notification in t he Gazet te m a y appoin t a day on and after which applicat ions may be received for leasing such blocks unde r this Ac t , and revoke or amend any such notification. All such applicat ions shall be made and dealt wi th in the m a n n e r prescribed ; and the Governor after t he said day may issue to an appl icant , whose applicat ion has been confirmed by the board, a lease of the block appl ied for.
The r en ta l of land leased or to be leased in accordance with the provisions of th is Ac t shall be a t a ra te to be fixed by t h e Minis ter , being not more t h a n five per c e n t u m per a n n u m on the capi ta l value of t he land as de termined by t h e board, and may be a l te red by the Minis ter after t h e expirat ion of each twenty years of t he lease, provided t h a t no a l tera t ion of the ra te for a n y period of t w e n t y years
| shall be made un t i l the board (or t h e L a n d Appea l Court , on appeal |
by t he blockholder or t he Minis ter , wi th in such t ime as m a y be prescribed) shall have de te rmined the r a t e of r en t which should be payable, and such de terminat ion shall be final.
Such lease shal l be for a period of n ine ty-n ine years , and shal l be in t h e prescr ibed form, and shall conta in provisions—•
to pay the r en t annua l ly in advance ;
to pay all ra tes , taxes , and the; va lue of improvement s which
m a y be payable in respect of the leased land du r ing the lease ;
to fence t he leased land wi th in t he first two years of t he t e r m
wi th a fence of a prescribed k ind , and du r ing the remainder
of t he t e r m to main ta in t h e whole of such fence in good and
| subs tant ia l | r e p a i r ; | for |
for personal residence by the lessee on t h e leased land for nine mon ths at t he least in every year of t he t e r m ;
to keep and ma in ta in all improvement s of t he p roper ty of: the Crown on the leased land in good and tenable repair and condition ;
to insure and keep insured the said proper ty in t e rms of the said
l ease ;
to conform to any regula t ions made by the Minis ter , and notified in t he Gazet te prior to confirmation of the appl icat ion for lease of t he block, re la t ing to style of dwell ing, keep ing the block clear of noxious animals , and also to c lear ing t h e block of scrub and noxious weeds ;
| not to transfer , assign, sublet , or p a r t wi th the possession of any of t he land wi thout the Minis ter ' s | consen t ; |
and such lease m a y also contain such addit ional provisions, condit ions, reservations, and covenants as t he Governor may deem expedien t in
4. N o person, except one who gains his l ivelihood by his own labour, and who has a t ta ined the full age of e ighteen years , shal l be en t i t l ed to app ly for or become the holder , by t ransfer or otherwise , of a lease u n d e r this Act , and no person m a y apply for or become the holder of more t h a n one such lease.
5. On the lessee m a k i n g defaul t for the period of th ree m o n t h s
in t he p a y m e n t of the r en t reserved by t h e lease, or m a k i n g defaul t in t h e observance or performance of the condition or covenant for personal res idence contained therein, the lease shall , on notification in the Gazet te , be absolute ly void, and the land thereby demised shall , wi th all improvement s thereon, rever t to t h e Crown and become Crown lands : Prov ided t h a t t he Minis ter m a y waive, or reverse, such voidance, subjec t to such condit ions as he may de termine .
| 6. Personal residence by the wife or child of any such lessee on the demised land shall be considered personal residence by the lessee. |
| 7. | No lessee, u n d e r this Act , shall | be | ent i t led to i m p o u n d | any |
stock t respassing on any land comprised in his lease, unless such land is enclosed wi th a fence sufficiently subs tant ia l and close to ordinarily resist the trespass of t h e stock trespassing.
| 8. The Minis te r m a y refer for report | to t he board any m a t t e r |
| ar is ing unde r this | Act . |
9. The Treasurer shall set apar t , out of moneys to be provided
by P a r l i a m e n t for the purpose, a sum or sums not exceeding in the
whole t en thousand pounds , to cons t i tu te a fund to be called " T h e
| Blockholdcrs Loan | Fund." | Such fund shall be unde r the control of |
t he
t h e Minis ter , and be opera ted upon by h im for the purpose of m a k i n g advances to blockholders to assist t h e m in erec t ing bui ldings and m a k i n g
| p e r m a n e n t | improvements | on | their | blocks. |
10. On the applicat ion of any blockholder who, to the satisfaction of t he Minis ter , has observed and performed such of t he covenants and condit ions of his lease as he is at t he t ime of t h e said appl icat ion required to observe or perform, the Minis ter may advance or lend to h im from the fund such sums as the Minis ter th inks fit, to aid t he app l ican t in erec t ing or comple t ing p e r m a n e n t bui ld ings on his block : P rov ided—
| (a) | that such advance shall not exceed one-half of the cost to the |
| blockholder | of | the | p e r m a n e n t | bui ldings | which | are | t h e n | |
subsis t ing, in good repair and condit ion, on his block ; and.
| (b) t h a t the a m o u n t | owing to the Min i s te r by any blockholder |
in respect of moneys advanced and interes t thereon shal l not
a t any t ime exceed fifty pounds .
11. E v e r y appl icat ion for an advance under this Act shall be
made in t he form in Schedule A here to , and shall be supported b y
vouchers , s t a tu to ry declarat ions, or o ther evidence to the satisfaction of
| t he Minister , showing the cost and condit ion of t he p e r m a n e n t | bui ldings |
t h e n erected and being on the block. The labour of the blockholder m a y be t a k e n into account in comput ing the cost of any such bui ldings : Provided tha t the correctness of the cost and condition of such bui ld ings shall be certified by an inspector or o ther person appointed in t h a t behalf by the Minis ter .
12. Al l moneys advanced to any blockholder unde r this A c t
| shall by h i m be repaid by five equal a n n u a l i n s t a lmen t s , to be paid | a t |
t h e commencemen t of t he s ixth, seventh , e ighth , n in th , and t e n t h years, respect ively, after t he m a k i n g of t he advance ; and, a t t he option of t he blockholder, any par t of such moneys may be repaid a t a n y earlier t imes t h a n those ment ioned in th is section.
| 13. I n cases of hardship , t he Min is te r m a y ex tend the t ime for |
| m a k i n g any p a y m e n t on account of any loan under this A c t : | Provided |
| t h a t t h e deferred | paymen t s | shall con t inue to bear in teres t at t he ra te |
| of five pounds per c e n t u m per | a n n u m . |
14. The blockholder shall also annua l ly pay to the Minis te r
| in teres t at the | ra te | of | five | per | c e n t u m | per a n n u m on the a m o u n t of |
t he advances for the t ime be ing remain ing unpaid .
| 15. E v e r y blockholder , | on obta in ing an | advance unde r | th is |
Ac t , shall en ter into an agreement w i t h t he Minis ter in t h e form in Schedule E to th i s Act , upon t h e t e rms and condit ions there in set forth, and such addit ional t e rms and condit ions (if any) as t he
| Min is te r | m a y | t h i n k | necessarv. |
l b . A n y breach by the block holder of any or t he te rms or condit ions of such ag reement shall , for all purposes , he deemed a breach of the condit ions of t he lease, and shall render t he lease liable to forfei ture by notice in the Gazet te .
17. If any blockholder obtains an advance unde r th is Ac t no sublease, mor tgage , or other encumbrance (except the ag reement provided for in section fifteen) subsequent ly executed by h i m shall have any val idi ty un t i l such advance and all in teres t in respect thereof is fully repaid and satisfied.
18. I f before t he issue of the lease any blockholder , by notice in wr i t ing to the Minis ter , requests t h a t bis lease be endorsed wi th t he words " T h e land herein comprised is held as a homestead b lock ," the Min is te r shal l cause such lease to be so endorsed accordingly. If a t any t ime after t he issue of his lease any blockholder reques ts his lease to be so endorsed as aforesaid, the Minis ter may, if he th inks lit so to do, after caus ing not ice of t he request to be published twice, a t least, in the Gazet te , cause t he same to be so endorsed accordingly. Eve ry such endorsement shall be signed by t h e Minis ter .
19. The effect of such endorsement shall be—•
| (a) t h a t no subsequen t mor tgage , or other | encumbrance , by the |
blockholder of t he land, or his estate, or interest therein, or of any pa r t thereof respectively, except t he agreement provided for in section fifteen, shall have any va l id i ty ;
| (b) t h a t t h e l and shall not , nor shall any pa r t thereof, nor | shall |
t he estate or in te res t of t he blockholder there in , or any p a r t
thereof, be l iable to be seized or t aken in execut ion for debt
| unde r process of any Court , except for p a y m e n t of rates and t a x e s ; or vest in t he t rus tee of his estate, in case of t he blockholder 's insolvency or b a n k r u p t c y ; or, unless otherwise expressly provided by t h e will of the blockholder , become, on his dea th , assets for t h e p a y m e n t of debts : Provided tha t this subsection shall no t apply to t he recovery of any debt incur red by the blockholder prior to the date of such endorse | ment , or to any legal proceedings t h a t | m a y be t a k e n | in |
| respect thereof. |
| A n d the land or the blockholder ' s in teres t or estate the re in | shall , |
| no twi th s t and ing any | subsequent | t ransfer , | cont inue to be so protected |
unless before regis t ra t ion of t he t ransfer t he t ransferee subscribes upon the transfer a reques t , or after t h e t ransfer makes appl icat ion in wr i t ing to the Minis ter , t h a t t he protect ion m a y be r e m o v e d ; in which case t h e Minis ter shall cancel t he endorsement upon the lease, and the protec t ion shall cease to operate accordingly as from t h e date of such cancellat ion.
20. Al l moneys received by the Minis te r in or towards repay
ment of any advances unde r th is Ac t shall be placed to the credit of
t h e
t h e fund, and form pa r t thereof ; b u t moneys received by h i m as in teres t on advances shall be paid to t he Colonial Treasurer and carried
| to t he Consolidated | Revenue | F u n d . |
21. The Min i s te r shall keep accounts showing all operat ions on t h e fund as well as all moneys paid to and received from each block- holder to w h o m any advance is made under this Act .
22. A n y blockholder or o ther person who,by any m a n n e r of fraud
or wilful mis represen ta t ion obtains or a t t emp t s to ob ta in ,any advance or loan from t h e Minis te r unde r this Act, or who by any false representa t ion a t t emp t s to account for t he expend i tu re of any moneys advanced by t h e Minis te r u n d e r th i s Act , shall be gui l ty of a misdemeanour , and on convict ion thereof shal l be liable to be imprisoned, wi th or w i thou t ha rd labour, for any period no t exceeding twelve mon ths .
| 23. | The | Governor m a y m a k e regula t ions for car ry ing th is A c t |
in to effect, and m a y , in such regula t ions , provide for t he imposit ion and recovery of any pena l ty not exceeding ten pounds for any breach thereof.
Such regula t ions shall be publ ished in the Gazet te and there upon shall have t h e force of Jaw.
S C H E D U L E S .
| T o | t h e | S e c r e t a r y | f o r | L a n d s . |
| I , | | , of | , | b e i n g | t h e | l e s s e e | u n d e r | b l o c k h o l d e r ' s | l e a s e | N o . | , | |
| of | [describe | land | as in | lease'] | d o | h e r e b y a p p l y f o r | a n a d v a n c e | of | n o t e x c e e d i n g t h e | s u m |
| of | p o u n d s , | t o | a s s i s t | m e | i n | e r e c t i n g | o n | m y | b l o c k | a | [dwelling-house | or | other |
| building | proposed | to | be | erected, | giving | sufficient | description | thereof]. | 1 e s t i m a t e | t h a t , |
| w h e n | c o m p l e t e d , | t h e | p r o p o s e d | b u i l d i n g s | w i l l | c o s t , | o r | b e | w o r t h | p o u n d s . | T h e |
| c o s t | o f | t h e | p e r m a n e n t | b u i l d i n g s | w h i c h | I | h a v e | a l r e a d y | w h o l l y | o r | p a r t l y | e r o d e d | on | t h e |
| s a i d l a n d , t h a t | is t o | s a y | [set | out | particulars, | as above], | i s n o t | l e s s t h a n | p o u n d s , |
| m a d e | u p | a s | u n d e r : — |
| M a t e r i a l s | . . . | . . . | . . . | . . . | £ |
| L a b o u r | . . . | . . . | . . . | . . . | £ |
| A n d | I | e n c l o s e | the | f o l l o w i n g | g e n u i n e | a n d | o r i g i n a l | v o u c h e r s | f o r | t h e | m o n e y s | a l r e a d y |
| e x p e n d e d | b y | m o | i n | e r e c t i n g | t h e | s a i d | b u i l d i n g s , | n a m e l y | : — |
| I | d e c l a r e | t h a t | a l l | t h e | f o r e g o i n g | s t a t e m e n t s | are | t r u e , | t o | t h e | b e s t | of | m y | k n o w l e d g e , |
| i n f o r m a t i o n , | a n d | be l ie f . |
| D a t e d | t h i s | d a y | of | , | 19 |
(Signature)
W i t n e s s —
| Agreement | by | Blockholder | obtaining | advance. |
| I , | of | , b e i n g | t h e | l e s s e e | u n d e r | b l o e k h o l d e r ' s | l e a s e | 'No. |
| of | [describe | land | as | in | lease] | i n c o n s i d e r a t i o n | of | t h e | s u m | of | p o u n d s | n o w |
| a d v a n c e d | t o | m e | b y | t h e | S e c r e t a r y | f o r | L a n d s | [the | receipt | of | which | sum | I | do | hereby |
| acknowledge], | d o | h e r e b y | a g r e e | w i t h | t h e | s a i d | S e c r e t a r y , | a n d | w i t h | t h e | S e c r e t a r y | f o r | L a n d s |
f o r
| f o r | t h e | t i m e | b e i n g , | t h a t | I , | o r | o t h e r , | t h e | b l o c k h o k l e r | f o r | t h e | t i m e | b e i n g | of | t h e | s a i d | h i n d , |
| s h a l l | w e l l | a n d | t r u l y | r e p a y | t o | t h e | s a i d | S e c r e t a r y | t h e | s a i d | s u m | b y | l ive | e q u a l | a n n u a l |
| i n s t a l m e n t s | of | p o u n d s | e a c h , | o n | t h e | d a y | of | , o n e | t h o u s a n d |
| n i n e | h u n d r e d | a n d | , a n d | o n | t h e | l i k e | d a y | i n | e v e r y | y e a r | t h e r e a f t e r , | u n t i l | t h e | s a i d |
| s u m | of | p o u n d s | s h a l l | b e | f u l l y | p a i d | a n d | s a t i s f i e d ; | a n d | wi l l , i n | t h e | m e a n t i m e , |
| p a y t o | t h e | s a i d | S e c r e t a r y | i n t e r e s t | o n | t h e | s a i d | s u m , o r | o n | so | m u c h | t h e r e o f | a s | s h a l l |
| f o r | t h e | t i m e b e i n g b e | r e m a i n i n g | u n p a i d , a t | t h e | r a t e | of | l ive | p e r | c e n t u m | p e r | a n n u m , |
| c o m p u t e d | f r o m | t h e | d a y | of | , o n e | t h o u s a n d | n i n e | h u n d r e d | a n d | , | s u c h |
| i n t e r e s t | t o | b e | p a i d | o n | t h e | d a y | of | , n e x t , | a n d o n | t h e | l i k e | d a y | of | e v e r y | y e a r |
| t h e r e a f t e r ; | a n d | wi l l | w i t h i n | t h r e e | m o n t h s | f r o m | t h e | d a t e | h e r e o f , | w e l l | a n d | t r u l y | e x p e n d |
| t h e | s a i d | s u m | so | a d v a n c e d | a s | a f o r e s a i d | in | o r | t o w a r d s | t h e | e r e c t i o n | o r | c o m p l e t i o n | of | t h e |
| b u i l d i n g | o r | b u i l d i n g s | m e n t i o n e d | i n | t h a t | b e h a l f | i n | m y | a p p l i c a t i o n , | d a t e d | t h e |
| d a y | of | , | o n e | t h o u s a n d | n i n e | h u n d r e d | a n d | , a n d | wi l l | n o t e x p e n d | o r | e m p l o y |
| t h e | s a i d s u m | o r | a n y | p a r t | t h e r e o f | f o r | a n y | o t h e r | p u r p o s e | w h a t s o e v e r | ; | a n d | wi l l , | i m m e d i a t e l y |
| u p o n | t h e | c o m p l e t i o n | of | t h e | s a i d | b u i l d i n g | o r | b u i l d i n g s , | f u r n i s h | t o | t h e | s a i d | S e c r e t a r y |
| fu l l | a n d | t r u e | d e t a i l s | a n d | p a r t i c u l a r s | of | t h e | e x p e n d i t u r e | of | t h e | m o n e y s | a d v a n c e d , | w i t h |
| t h e | o r i g i n a l | r e c e i p t s | a n d | v o u c h e r s | f o r | a l l | p a y m e n t s | m a d e ; | a n d | wi l l | i n s u r e | a n d | k e e p |