Closer Settlement Act 1904 (NSW)

Act No. 37, 1904.

A n Act to repeal the Closer Se t t l ement Act , 1901; to authorise the acquis i t ion by purchase or b y resumption for purposes of s e t t l ement of private l a n d s ; to const i tute and appoint authorit ies for reports and other purposes under this A c t ; to provide for the deal ing w i t h and the disposal of acquired lands and adjacent Crown l a n d s ; to apply certain of the provis ions of the Crown Lands Acts , and of the A c t s to be read and construed there­ wi th , for the purpose of regulat ing c loser s e t t l ement under this A c t ; and to amend the Crown Lands Acts . [31st December, 1904.]

Assembly of N e w South Wales in Pa r l i amen t assembled, and by the t he advice and consent of the Legislat ive Counci l and Legislat ive a u t h o r i t y of the same, as follows :— HE it enacted by the K ing ' s Most Exce l len t Majesty , by and wi th

1. This Act may be cited as the " Closer Se t t lement Act, 1 9 0 1 . " 2. The Closer Se t t l ement Act , 1901 , is hereby repealed, b u t

such repeal shall not prejudice or affect any proceeding, mat te r , or t h i n g lawfully done or commenced, or cont rac ted to be done, under

the au tho r i t y of t h a t Act .

3. The provisions of t he Crown L a n d s Acts , and of the Acfs to be read and construed the rewi th , shall only apply to operat ions unde r this Act so far as is expressly provided herein .

Interpretation.

4.    I n th is A c t unless the con tex t otherwise requ i res—

" A c q u i r e d " means purchased or resumed.

" C l o s e r Set t lement Hoard" means the board const i tu ted unde r

this Act.

" C r o w n l a n d s " means lands so defined under the Crown Lands

Ac t of 1884.

" D e s i g n p l a n " means t he design p lan of subdivision and sale

values of a se t t lement purchase area as de te rmined by the

Closer Se t t l ement Board, " M i n i s t e r "

" M i n i s t e r " means the Secretary for Lands .

" O w n e r " means the person or persons in whom the Pec-simple of, or the r igh t to obtain the fee-simple of, t he land to be acquired is vested.

" Prescr ibed " means prescribed by this Ac t or by any regula t ion made unde r it.

" P r i v a t e l a n d " means land the fee-simple of which is not vested

in II is Majes ty t he K i n g and Crown lands held u n d e r any

t enure which gives a r igh t to purchase t he fee-simple.

" S e t t l e m e n t p u r c h a s e " means a residential conditional purchase

under this Act both before and after t he issue of t he g ran t .

" Se t t l ement purchase area " means an area of land as notified in the Gazet te for the purposes of this Act.

The te rms " L a n d Appeal Cour t , " " l a n d board," " loca l land board ,"

" cha i rman , " " land district " shall have t he same m e a n i n g in th i s Act as in the Crown Lands Acts , and in the Jud ic ia l Offices Act of 1892.

P A R T I.

P U R C H A S E OF PRIVATE LAND.

5. Any owner of pr ivate land may by wr i t ing addressed to

the Minis ter , or to some person appointed by the Minister in t h a t

behalf, offer to surrender the same to His Majesty in consideration of

1he paymen t of a price named in the offer; and, except as hereinaf ter provided, such offer shall be b inding on such owner and shall no t he w i thd rawn by h im sooner t h a n nine mon ths after the receipt of t he offer except with the consent of the Minis ter in wri t ing under his hand. Provided tha t such owner may from t ime to t ime and for such periods as may he agreed upon between the Minister and himself renew such offer.

appointed by the Minis ter for t ha t purpose and may also be referred 6. Any such offer may he reported on by any person or persons

by the Minis ter to the Closer Se t t l ement Board for inqui ry in open

court and for report on any or all of the following mat t e r s , n a m e l y —

(a)	The fair market value of the land and of the improvements thereon respectively.
(b)	The average prices per acre of the land, grazing and agri­
cul ture , respectively, which m i g h t reasonably be expected

under a closer se t t lement subdivision.

(c)	The valuation of the land as shown by the books of the
Commissioners of Taxa t ion .
(d)	The suitability of the land for closer settlement and the
approx imate area and qual i ty of grazing and agr icu l tu ra l
land respectively. (e)

G

(e)	The extent to which existing improvements may he utilised
in connect ion wi th any closer se t t l ement subdivision.
(f)	The area and character of Crown land in the neighbourhood,
and its sui tabi l i ty for closer se t t l ement .

(g) The m a x i m u m and the m i n i m u m areas for a se t t l ement

purchase for graz ing and ag r i cu l tu re respect ively .

(h) The demand for land for closer settlement in the neighbour­ hood of the land, and general ly .

(i) The probabi l i ty of t he immedia te disposal of t he land unde r

t he provisions of th is Act .

(j) The distance to the nearest railway station, port, or town by a n y means of access,

(k) The water supply to t he l and and to land in its ne ighbourhood.

(l)	The bona tides of any mortgage or charge on the land and the
a m o u n t thereof,

and any o ther m a t t e r s t h a t t h e	Minis ter	may see fit to inc lude in	the
reference.

7. If such offer has been referred to t h e Closer Se t t l emen t Board, and t h e report of t h a t board shows t h a t t h e l and offered is

sui table, and is l ikely to be immedia te ly util ised for closer se t t l ement ,

t h e Minis ter may submi t to Pa r l i amen t t h a t the land or a n y pa r t

thereof toge ther w i th t he improvements thereon be acqu i red—

(a) a t t he price asked by t h e owner ; or

(b) at the values reported by the Closer Se t t l ement Boa rd ;	or
(c) a t a price less t h a n ei ther of t he foregoing.

8. The Minis ter , wi th t h e sanction of the Governor a n d the approval of bo th Houses of Pa r l i amen t , may , if agreed to by t h e owner , m a k e a cont rac t for t he purchase of such land or any p a r t thereof a t t h e pr ice approved by Pa r l i amen t as expressed in a resolu t ion by both Houses thereof.

9. The said price shall be subject to deduct ion in t h e case of
incomple te purchases from the Crown of the balances due to t he
Crown on such purchases . Acts shall be t r ea ted as incomple te condit ional purchases . Condi t ional leases u n d e r t he Crown Lands 10. T h e Governor and the Minis ter m a y do all t h ings necessary

to carry out any such contract .

11 .    U p o n complet ion of t he con t rac t for t he pu rchase the l and

shall vest in H i s Majesty , free from all t ru s t s and condit ions affecting t h e same, and shall be deemed to be reserved from sale, selection, and lease un t i l otherwise notified by the Governor.

P A R T

P A R T I I .

R E S U M P T I O N OF P R I V A T E L A N D .

12. The- compulsory provisions of this A c t shall only app ly

where the pr iva te land in tended to he set apa r t for closer se t t l ement

exceeds t w e n t y thousand pounds in value, wi thou t t a k i n g in to accoun t

any improvemen t s thereon.

13. (1) The Minis ter for t he purpose of closer se t t l ement may order any person or persons whom he appoints to report to h im on any private land, and m a y u n d e r his own hand notify to the owner thereof on the prescribed form t h a t he has made an order for an inspection wi th t h e object of ask ing Pa r l i amen ta ry au tho r i t y for the r e sumpt ion of t he same.
(2) After the date of such notification no disposition of such land, or any par t thereof, shall operate to defeat t he power of the Governor to resume the same for t he purposes of this Ac t .

( 3 ) Such restriction on the disposition of t he land shall

cease to have effect if t he land is no t resumed wi th in twelve mon ths after the date of such notification, or if the Governor at any t ime removes the restr ict ion.
14. The person or persons appointed to repor t as aforesaid with such assis tants as he or they may deem necessary, may a t any t ime enter any pr iva te land, and may remain thereon for such t ime as m a y be necessary to enable sufficient information to be obtained for the preparat ion of a report on such land :

Provided t h a t not less t h a n four weeks ' not ice of in ten t ion to

enter on such land shall be given to t he owner thereof or his m a n a g e r

or agen t .

15. After repor t as aforesaid t h e ma t t e r m a y by t h e Minis te r

be referred to the Closer Se t t lement Board for a va lua t ion of t he land and the improvements after inqui ry in open Court . Before such reference four weeks ' notification of the in ten t ion to refer wi th the

object aforesaid shall be given to t he owner on the prescribed form. 16. (1) The owner of any pr ivate lands referred to t he Closer

Se t t l ement Board shall have the r igh t to re ta in out of such lands , if resumed, a pa r t thereof the value of which (wi thout t a k i n g info account any improvements thereon) does not exceed ten thousand pounds . W h e r e more t h a n one person is t he owner of such lands only one such r igh t may be exercised.

(2) Such r igh t shall be deemed to be waived unless t he

owner asserts t he same in t he way provided in t h e four th subsect ion

hereof, and also specifies the area, s i tuat ion, boundar ies and value of
t he land (wi thout t a k i n g into account any improvements thereon)

which he proposes to re ta in .

( 3 )

( 3 ) The area, s i tuat ion, and boundar ies of t he land to

be so re ta ined shall be de te rmined by the Closer Se t t l ement Board : Prov ided t h a t in the event of t he owner be ing dissatisfied wi th the de te rmina t ion of the Closer Se t t l ement Board in th is respect , be shall be ent i t led to waive the exercise of his r igh t of re ta iner by not i fying the Minis ter to t ha t effect wi th in one week of such determinat ion .

(4) If the land referred to the Closer Se t t l ement Board comprises pa r t only of t h a t held by an owner in one cont iguous area , such owner shall have t he r igh t to requi re t h a t t he whole of such area be referred as aforesaid, provided t h a t he asserts such r igh t on t h e prescribed form wi th in four weeks of notification of t h e in tent ion to refer. I n such a case not less t h a n the whole of such area (if any) shall be resumed.

17. (1) After the va lua t ion by the Closer Se t t l ement Board as

aforesaid, t he m a t t e r may by the Minis ter be referred to Pa r l i amen t .
(2) If Pa r l i amen t , by resolut ion of each House , approves of the resumpt ion of the land, t he Governor shall, by notification in t he Gazet te , declare t h a t t he land described in such notification has been resumed under and for the purposes of this Act , and the land so described shal l t he reupon become vested in H i s Majesty.

18. (1) The va lua t ion of the land and improvements , as repor ted by t h e Closer Se t t l ement Board shall , subject to appeal as he re inunder provided, be t h e purchase price thereof.
(2) If the owner or mor tgagee be dissatisfied wi th such price, e i ther or both may, wi th in twenty-e igh t days of t he notifica­ t ion of r e sumpt ion as in th i s Act provided, lodge wi th the Minis ter a not ice of appeal on the prescribed form.

( 3 ) Such appeal shall be heard by a Cour t consis t ing of one

of t h e J u d g e s of the Sup reme Court , appointed for t h e purpose by t h e Governor wi th in four teen days of such notice of appeal , and two assessors, one of w h o m shall be appointed by the Governor, and the

o ther by t h e appel lan t wi th in t he aforesaid period.

(4) The decision of t he said J u d g e and one of such assessors

as to price shal l be final, w h e t h e r such price be grea ter or less t h a n

the Closer Se t t l ement Board ' s repor ted valuat ion.

19. Af ter the notification of resumpt ion hereinbefore provided, the owner m a y re ta in t h e whole or any par t of his estate for such period as shal l be agreed upon between himself and the Minis ter , and upon such condit ions as t he Minis ter shall de te rmine .

P A R T

P A R T I I I .

P A Y M E N T S .

20. Every person c la iming p a y m e n t for land acquired under

this Act shal l , w i th in s ixty days of t he date of t h e de te rmina t ion of, or decision as to price lodge with the Minis te r a not ice in t he prescr ibed form se t t ing forth the n a t u r e of the estate or interest of t h e c la imant in such land, and an abs t rac t of his t i t le .

21 . The Min i s te r shall, wi th in th ree m o n t h s after be ing satisfied

on t h e repor t of the Crown Solicitor t ha t t he valid t i t le is in the c la imant , pay to such c la imant the price of the land and the improvemen t s as de te rmined : Provided t h a t if t he land be unde r

m o r t g a g e the a m o u n t clue the reunder shall be paid to the mor tgagee .

22. (1) All reasonable costs of proceedings for r e sumpt ion

under this A c t shall , subject to taxa t ion by the P ro thono ta ry of	the
Supreme Court , be paid by the Crown, save in the case of an appeal .

(2) The costs of appeal , subject to a l ike t axa t ion , shall

be paid by the unsuccessful par ty to t he appeal.

23. The price de termined shall bear interest at t he ra te of four

per c e n t u m per a n n u m from the date of the ves t ing as aforesaid,	hut
for no longer period t han twelve m o n t h s from such date .

P A R T I V .

D I S P O S A L OF T H E L A N D .

24. Before disposal of t he land a p lan of designed subdivision
showing the areas and values per acre of t he proposed se t t l ement

purchases shall be submi t t ed to t he Minis ter by t he Closer Se t t l ement

Board, and shall, subject	to the provisions of section t h i r t y - e igh t
hereof, be the design plan of the se t t l ement area conclusive as to sale

value and area for each se t t l ement purchase . The design plan shall inc lude the lands acquired, and any adjacent Crown lands set apar t by t he Minis ter to become par t of t he same se t t l ement purchase area.

25. (1) All land acquired under this Act , and such adjacent Crown lands as have been set apa r t as aforesaid, shall be deal t wi th and disposed of as in this Act provided, and in no other way, any provision of t he Crown L a n d s Acts or of the Acts to be read and construed

the rewi th to the cont ra ry no twi ths tand ing .

(2) Such acquired land wi th the adjacent Crown lands as aforesaid (if any) shall be declared a se t t l ement purchase area or areas by notification in the Gazet te .

(3)

( 3 ) Every such se t t lement purchase area shall he notified for

disposal unde r t he design plan and may he notilied in th ree classes,

n a m e l y —

(a)	agr icu l tu ra l	lands ;
(b)	grazing	l a n d s ;
(c)	township se t t lement	a l lo tments .

(4) Such notification shall describe t he lands and declare t h e m to be avai lable for appl ica t ion, and shall set out inter alia t he class of land, t h e capital va lue for the purposes of each class of holding, and the area in each class which m a y be applied for, to be held in one or two areas.

26. A n y male person not being under the age of e ighteen years, and any female person not be ing unde r t he age of twenty-one years, and not be ing the holder of any land excep t—

(a)	town or suburban land as defined in the Crown Lands
A c t s ; or
(b) land u n d e r lease as provided for in th is Ac t	or a se t t l ement

township a l lo tment t h e r e u n d e r ; or

(c) land held as a t e n a n t from a p r iva te holder,

m a y apply for a se t t l ement purchase unde r this Ac t , subject to the

following provis ions :—

( 1 ) Such person shall not for t he purpose of app ly ing under th i s A c t have divested himself or herself of a n y land held by h i m or her wi th in twelve m o n t h s before t he date of

appl icat ion u n d e r th i s Act.

(2) Such person if a female shall be unmarr ied , or widowed, or if
marr ied , be l iving apar t from her husband under an order for
judicial separat ion made by a cour t of competent jur isdic t ion.
27. A n y person so qualified as aforesaid m a y lodge, c i ther in
person or by author ised agent , or by regis tered post, wi th t he land
agen t of t h e distr ict in which the l and is s i tuated, or wi th any o ther
officer duly appointed in t h a t behalf, an appl icat ion on the prescribed

form for a se t t l ement pu rchase . Such applicat ion shall be accom­

panied by a deposit of five per c e n t u m of t h e notified value of such
se t t l ement	purchase .

28. Appl icat ions received by the land agent or by t he officer duly appoin ted as aforesaid d u r i n g office hour s of any day of the week from Monday to t h e next succeeding Sa turday , both days inclusive, shall, for the purposes of th is Ac t , be deemed to have been lodged s imul taneous ly ; and the local land board shall in open cou r t hear and inqu i re in to t h e mer i ts of each, and may , subject to regula t ions m a d e hereunder , al low or refuse any of t hem, or pe rmi t w i thd rawa l thereof a t any t ime prior to the board 's de te rmina t ion thereon , and m a y impose a pena l ty on such wi thdrawal or refusal by r e t a in ing the whole or such portion of t he deposit money as shall after due inqui ry be de te rmined b y t h e m ,

and

and may , a t the i r discretion, disqualify	such appl icant from	m a k i n g
a n y fresh appl icat ion	u n d e r this A c t for a period to he	de te rmined

by such hoard. N o al lowance or refusal of an appl icat ion u n d e r th i s

section shall be a g round of appeal to the L a n d Appea l Court .

29. The t i t le of a se t t l ement purchase unde r this A c t shal l

commence from the date of appl icat ion therefor, if valid, and every such purchase before g ran t shall be subject to t he following covenants a n d condit ions, and to such other condit ions and restr ic t ions re la t ing to min ing , cul t ivat ion, des t ruct ion of ve rmin and noxious weeds, insurance

aga ins t lire, or o ther ma t t e r or ma t t e r s as m a y be p re sc r ibed :—

(a)	At the end of the first year from the date of application, or wi th in three months thereafter , the re shal l be paid an ins t a lmen t on t he purchase money at t he ra te of five per c e n t u m of the capi tal va lue of the land, and thereaf ter in like m a n n e r a like ins ta lment annua l ly un t i l the ba lance of the purchase money, together wi th interest at the ra te of four per c e n t u m per a n n u m thereon, shall have been paid; b u t two or more ins ta lments may be paid a t t he same t ime.
(b)	A condition of residence for ten years shall attach to every se t t l ement purchase , and shall commence wi th in twelve m o n t h s after the date of the land board 's decision al lowing the purchase : Provided tha t t h e commencemen t of residence may be ex tended to any date wi th in five years of al lowance of purchase , on such t e rms and conditions as to improvements and cul t ivat ion as m a y be agreed upon be tween the local land board and the purchaser . F o r the purposes of th is Act , residence shall he t aken to mean con t inuous and bona fide l iving, as t he purchaser ' s usua l home, wi thou t any o ther hab i tua l residence, upon any se t t l ement purchase or upon any township se t t lement a l lo tment in the same se t t lement purchase area. On applicat ion on the prescribed form the land board may permit t he residence condit ion to be performed in any adjacent vil lage or town. Such permission may be
condit ional or uncondi t ional . The land board or the cha i rman

for the land board may, at any t ime after applicat ion on the prescribed form, and for due cause shown, suspend the condit ion of residence ei ther uncondi t ional ly or on conditions.

(c)	If the land be unimproved the purchaser shall make sub­ s tant ia l and p e r m a n e n t improvements thereon to the va lue of ten per c e n t u m of the capi tal value thereof, wi th in two years from the date of commencemen t of the purchase , and to an addit ional five per c e n t u m of t h e said value wi th in live years
of t he said commencemen t , and to a fu r ther addi t ional t en
per c e n t u m wi th in t en years from t h e same date . Ex i s t ing

improvements

improvemen t s on t h e land shall to the a m o u n t of their va lue

be held to fulfil this condit ion. Bounda ry fencing shall be deemed to be an improvement wi th in t he m e a n i n g of this s ec t i on : Provided tha t no t h ing in th is subsection shall l imit the power of the local land board to prescribe the va lue of improvements to be effected under t he provisions of sub­ section (b).

30. N o person unless qualified unde r section twenty-s ix hereof shal l make or acquire by transfer or otherwise a se t t lement purchase unde r th is Act , nor shall any person whosoever make , hold, or acqui re more t h a n one se t t lement purchase . N o t ransfer or conveyance or ass ignment in cont ravent ion of t he provisions of this section shall be valid for any purpose whatsoever :

Provided t h a t —

(1) This section shall not apply to transfers by way of mor tgage . (2) If a se t t lement purchase devolve unde r a will or in tes tacy

upon a person who is not qualified under th is Act to bold the same, such person may never theless hold such purchase for a period of three years , or such fur ther period as the Minis te r may permit , and if before the expira t ion of such period or periods the said person shall become qualified as aforesaid, such person shal l be deemed to have been so qualified as from the date of such devolution.

3 1 . No bolder of a se t t lement purchase before g ran t shal l

t ransfer , convey, assign, or lease such purchase or mor tgage , or charge t he same wi th t h e r epaymen t of moneys advanced on the securi ty thereof w i thou t first h a v i n g obta ined the wr i t t en consent of the

Min is te r there to . A n d before giving such consent t he Minis ter shall

be satisfied t h a t all condit ions imposed by th is A c t (except the p a y m e n t of ba lance of purchase money) have been and are be ing duly complied wi th .

32. A n y mor tgagee who has under the powers of the mor tgage

submi t ted any set t lement purchase for sale by publ ic auct ion, and any

execut ion creditor who has seized unde r process of any cour t any

such purchase , and has so offered the land for sale, if the mor tgagor ' s

or debtor ' s interest in t he land is not t hen sold to a bona fide purchaser , who m u s t he a person qualified to apply for or hold a se t t lement purchase under section twenty-s ix of this Act , may , in t h e prescr ibed manne r , go in to possession of the land. Dur ing such t ime as t h e condit ion of residence a t taches such condit ion shal l for a period of two years after the commencemen t of such possession, or for such fu r the r period as shall he approved by the Minis ter , be deemed to be fulfilled, if a nominee of such mor tgagee or of such creditor, to be approved by the cha i rman of the local land board, reside upon t h e land. The said mor tgagee or said creditor shall , wi th in two years

after

after t h e c o m m e n c e m e n t of such possession, or wi th in such fur ther period as shall he approved by the Minister , sell t he said mor tgagor ' s or said debtor ' s interest in the land to a bona fide purchaser . Such purchase r m u s t be a person qualified to hold a se t t l ement purchase unde r this Act , and shall be subject to all conditions affecting the original holder. I n defaul t of sale wi th in such period or periods

the se t t l ement purchase shall be liable to for fe i tu re : Provided t h a t

before any person shal l avail himself of the provisions of this section he shal l register at the Crown land agen t ' s office of the land distr ict in which the land is s i tua ted the to ta l a m o u n t of his mor tgage or j u d g m e n t debt and other par t i cu la rs as prescribed, and any person qualified as previously in th is Ac t recited may thereafter , prior to the exercise of t he power of forfeiture aforesaid, apply to the local land hoard to purchase the said hold ing for the a m o u n t of such debt . The board may g ran t such appl icat ion, and upon paymen t to the mor tgagee or j u d g m e n t creditor of the a m o u n t t h e n due t he appl icant shall become the bolder of such land free of such debt, bu t

subject to al l unfulfilled condit ions a t t ach ing to such land.

33 . I n the event of the death or declared lunacy of any person holding unde r this Act land to which conditions a t t ach , such condit ions shall be performed by the representat ives of the deceased person or l una t i c holder, ei ther personal ly or by an agen t approved by the cha i rman of t he local land board.

34. The Governor may issue a g r a n t af ter t h e residence

condition has been fulfilled and after the balance of the purchase money has been paid, on the finding of the local land board t h a t t h e conditions a t t ach ing to the se t t lement purchase have been fulfilled to

the da te of such finding.

35. The local land board may a t any t ime and from time to t ime hold an inquiry in open cour t as to whe the r t he condit ions and covenants imposed by this Ac t on a se t t l ement purchase have been or are be ing complied with, and in the event of the board finding

they have not been or are not being complied wi th they shall so
repor t to the Minis ter .	The board 's finding shal l be subject to appeal
to the Land Appeal Cour t in t he same m a n n e r and wi th in t he	same
t ime as provided for cases of appeal unde r t he Crown Lands Acts .

36. Any holding unde r this Ac t shall be liable to forfeiture if all or any of the condit ions or covenants a t tached to it have not been or are no t be ing complied w i t h ; b u t the Minis te r may waive incurred forfeiture e i ther uncondi t ional ly or on such condit ions as he t h i n k s fit. The Governor, by notification in t he Gazet te , may declare forfei ture of a holding and of all moneys paid in connect ion therewi th . On such notification the t i t le to the land shall vest in H i s Majesty t he K i n g , and the land shall no t be open to applicat ion for se t t lement

purchase unt i l again notified for t he purpose.	By like notification t he
Governor may reverse any forfeiture.	37.

37. A se t t lement purchase unde r this Ac t m a y he in two

separate par ts , and m a y consist par t ly of agr icu l tura l and pa r t ly of

g raz ing land.

38. The Governor may by notification in the Gazet te set apa r t ou t of lands declared by h i m a se t t lement purchase area any area necessary for township se t t lement . The Minis te r m a y cause to be prepared a sui table design, and under it he may sell a t auc t ion a l lo tments , each of which shall not exceed half an acre in ex ten t . No person shall hold more t h a n three of such a l lo tments , except by way of mor tgage . The Governor may also set apar t ou t of a se t t l emen t purchase area for any purpose which he shall previously have notified in t he Gazet te as a publ ic purpose, any area necessary, e i ther wi th in

or wi thou t the boundar ies of the townsh ip se t t lement .

39. I t shall be lawful for t he Governor to set apa r t lands unde r this Act , and to lease t he same in areas not exceeding t h r ee hundred and twen ty acres. The said leases shall be applied for in the prescribed form and shall be subject to such condit ions as m a y be de te rmined by the Governor, and to t he following provisions :—

(a)	No improvements shall be effected on the land leased without t he consent of the Min i s te r or the cha i rman of t he local l and
board h a v i n g been first obtained in wr i t ing .
(b)	Every such lease shall be for the then current year, and shall expi re on the thir ty-first day of December ; b u t m a y be renewed from year to year by the lessee p a y i n g the year ly ren t in advance not later t h a n the t en th day of December of t h e nex t preceding year.

(c) The a n n u a l ren t shal l be appraised by the land board.

(d)	The granting of a lease under this section shall not exempt
t he land held t he reunde r from being g ran ted as a se t t l ement

purchase unde r this Act . On a valid appl ica t ion for a se t t le­ m e n t purchase the lease of so m u c h of t he l and as is applied for t he reby shall cease and de te rmine from the da te of t h a t applicat ion, and the rent shall be adjusted or any ba lance

refunded as the case may be.

(e) The Minis te r may at any t ime cancel a lease g r an t ed unde r

th i s A c t by giving not less t h a n th ree mon ths ' not ice in t h e

Gazet te of his in ten t ion to do so, such not ice to	t e rmina te
t he lease at the end of t he t h e n cu r r en t	year .

P A R T

P A R T V.

M I S C E L L A N E O U S .

40. All moneys received in respect of sales by auct ion, or of leases, or of se t t lement purchases of land acquired unde r th is Ac t shall be paid into the Treasury and carried to a special account , and shall be applied in the first place in payment of the in teres t and charges upon any money borrowed and paid for land purchased under this Act , and the surp lus shall be accumula ted to form a fund for repay ing the money so borrowed and paid.

4 1 .     (1) The Closer Se t t lement Board shall consist of the president

and the commissioners of the Land Appeal Court and the cha i rman and members of t he local land board for the land district in which the land unde r inquiry is s i tuated, and shall sit where the Minis ter directs.

(2) The President of the Land Appeal Court if present shall act as cha i rman ; in his absence t he senior member of the Land Appeal Cour t present shall so act.

(3) Not less than four of the members of the Closer Sett le­

m e n t Board shall constitute; a quorum.

(4) If the n u m b e r of members s i t t ing shall be ci ther four

or six t he cha i rman of the Closer Set t lement Board, or the ac t ing chair­ man thereof, shall have a cas t ing vote in addit ion to his original vote.

(5) If the land under inquiry is s i tuated in more t han one
land district the Minis te r shall specify the local land board, t he

chai rman and members of which shall form par t of the Closer Set t le­

m e n t Board for t ha t inquiry.

42. The L a n d Appeal Court and the local land boards shall

respectively have and may exercise under this Act the powers and

author i t ies conferred by the Acts cons t i tu t ing them.

43 . Any land acquired unde r the Closer Set t lement Act , 1901,

and not set apar t for se t t l ement prior to the passing of th is Ac t shall
be disposed of under the provisions hereof and under a design p lan

which shall be submi t t ed	to t he Min i s te r	by the	Closer Se t t l ement
Board, subject	m u t a t i s mu tand i s	to the provisions of section	twen ty-
four hereof.

44. W h e n e v e r land is acquired under th is A c t a copy of the

Gazet te notification declar ing such land to be acquired, certified unde r the hand of the Minister , shall in every ease be lodged wi th the Regis t ra r -Genera l and be registered by h im in the general regis ter of deeds unless the land so acquired is wholly or in pa r t comprised in a g ran t or a certificate of t i t le unde r the Rea l P rope r ty Act , in which case, upon product ion of such notification so certified as aforesaid, i t shal l be t he du ty of the Regis t rar -Genera l to deal wi th and give effect to such notification as if the same were a m e m o r a n d u m of t ransfer

duly executed unde r t he said Act . 45.

45. ( 1 ) I f the owner or occupier of any lands acquired unde r th is A c t or any other person refuses to give u p possession thereof or h inders any officer ac t ing on behalf of t he Min is te r from en te r ing upon or t a k i n g possession of the same the Minis ter m a y cause a w a r r a n t to issue to the Sheriff to deliver possession of such lands to t he person appointed in such war ran t to receive t h e m .

(2) Upon the receipt of such w a r r a n t t he Sheriff shall deliver possession of such lands accordingly, and the cost acc ru ing by reason of the issuing and execut ion of such war ran t , to be set t led by the Sheriff, shall be paid by the person refusing to give up possession or caus ing such h indrance as aforesaid ; and the a m o u n t of such costs shall be deducted and retained by the Minis te r from the purchase price, if any, then payable to such par ty , or if no purchase price is payable to such party, or if the same is less t h a n the a m o u n t of such costs, 1hen such costs or the excess thereof beyond such purchase price, if not paid on demand, shall be levied by distress, and upon applicat ion to any

just ice for t h a t purpose he shall issue his w a r r a n t accordingly.

46. The local land board or t he cha i rman for such board, on appl icat ion being made in the prescribed form by the holder of any purchase or lease unde r this Act , may g ran t permission unde r his hand to t he said holder to enclose wholly or in pa r t any road t ravers ing or bound ing such holding, subject to p a y m e n t of such a n n u a l rent as m a y be de termined , and shall direct t ha t gates or sui table subs t i tu tes , such as t he board or the cha i rman for such board may consider necessary, shall be erected or made so as not to unnecessar i ly interfere with any traffic, and upon compla in t be ing made in the prescr ibed form wi th t he prescribed deposit the local land board m a y for any sufficient reason cancel any permission g ran ted as aforesaid, and may order any fence, gate, or other s t ruc tu re on any road to be removed by such holder, and wi th in such period as the board may de te rmine .

47. W h e r e permission to enclose a boundary road is g ran ted as

aforesaid, the fenced side of such load shall be deemed to be a common

boundary line for all purposes of fencing and cont r ibut ion by the

holders of land on ei ther side thereof.

48. The land board or the c h a i r m a n for such board may , on applicat ion in the prescribed manne r , au thor i se a g ive-and- take fence as a common boundary line be tween holdings, and such fence w h e n erected shall be deemed to he, and shall for all purposes be, t h e boundary be tween the holdings : Provided t h a t t he land board may , on appl icat ion as prescribed, and accompanied by the prescr ibed deposit made by any of the owners of such holdings , give permission to a l ter or vary t he posi t ion of such fence.

49. The holder u n d e r th is Act , who shall fence his se t t l ement

purchase , m a y demand and enforce from the holder of a n adjoining

l ike

l ike holding, or from the holder of an incomplete purchase unde r the Crown Lands Acts , or from a leaseholder thereunder , who a t the date of the demand shall have a t enure of not less t h a n five years, a cont r ibut ion toward the cost of such fencing to the ex ten t of one- half of the appraised value thereof, b u t so far only as the said fencing marks a common boundary- l ine ; and while such fence is main ta ined in good repair and condi t ion by such person every holder of the adjo in ing lands shall be and remain liable as a cont r ibu tory towards t he cost of so ma in t a in ing such fence to t h e ex ten t of one-half t he cost

thereof.

50. "Where permission is g ran ted to enclose a road s i tuated be tween lands held by different persons, and the person to whom such permission is g ran ted derives, in the opinion of t h e local land board, a benefit from or uses any fence on or adjoining such road, such person (or any transferee of t he land held by h im) shall , so long as such permission remains unrevoked, be liable as a cont r ibutory towards the cost of ma in ta in ing in good repair such par t of the fence as benefits, or is used by h im.

5 1 . The local land board shall , subject to appeal , have power to

hear and de termine all disputes and claims ar is ing under sections forty- n ine and fifty hereof as to cont r ibut ions , and to appraise all values and es t imate all costs in connection therewi th .

52. I n any ease where a local land board, p u r s u a n t to the provisions of th is Act , shall m a k e any adjudicat ion or award, and to give effect to such adjudication or award shall m a k e any order for t he paymen t of money whe the r as compensat ion, costs, appraised value, or otherwise howsoever, such order shall be under the band of the cha i rman, and may be enforced by distress and sale of the goods and chat te l s of t he person ordered to pay such money in the m a n n e r prescribed by the regula t ions , or the same may be recovered in a s u m m a r y way before a n y two just ices of the peace by the person to whom such money is

shal l have power to award costs in any case wi th in their respective	ordered to be paid. The L a n d Appea l Cour t and the local land board
jur isdict ions under this Act .

53. "Whenever in th is Ac t the word " p r e s c r i b e d " is used in

connect ion with any ma t t e r referred to in t he context , and whenever , in any section of this Act , " r egu la t ions" arc ment ioned in connect ion wi th any such m a t t e r t he Governor m a y in every such case frame regula t ions for t he purpose of g iv ing effect to the provisions of such section. And, for the purpose of ca r ry ing this A c t into full effect general ly, t he Governor may m a k e regula t ions , which shall, upon being publ i shed in the Gazet te , be good and valid in law : Provided tha t a copy of all such regula t ions shall be laid before both Houses of

Pa r l i amen t

P a r l i a m e n t wi th in four teen days from the publ ica t ion thereof if

P a r l i a m e n t be t h e n in session, or otherwise wi th in four teen days after

t h e commencement of t he n e x t ensu ing session.

54. This A c t shall be adminis tered by the Secretary for Lands , who, for t h e purpose of such adminis t ra t ion or whenever he deems i t necessary for his guidance and informat ion, shall have power to refer any m a t t e r for i nqu i ry and repor t to t he local land board, and the said board shall upon such reference proceed accordingly.