Closer Settlement (Amendment) Act 1914 (NSW)
CLOSER SETTLEMENT (AMEND
MENT) ACT.
Act No. 7, 1914.
An Act to authorise the purchase by the Minister of certain lands for sett lement purchase ; to make further provision for the disposal of land and improvements within sett lement purchase areas ; to confer and impose certain rights and liabilities on minors ; to reduce the capital value of certain sett lement pur chases ; to provide for the payment of interest on postponed instalments ; to fix a date for the payment of instalments on sett lement pur chases; to enable the Minister to grant exten sion of time to pay instalments in certain cases ; to amend the Closer Sett lement Acts, the Closer Sett lement Promotion Act , 1910, and other Acts ; and for purposes consequent thereon or incidental thereto. [Assented to, 16th April, 1914.]
| 1 . This Act may be cited as the "Closer Settlement (Amendment) Act, 1914," and shall be construed with the Closer Settlement Promotion Act, 1910, the Closer | Settlement |
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as follows : —
Short title.
Settlement Act, 1904, the Closer Settlement (Amend ment) Act, 190G, the Closer Settlement (Amendment) Act, 1907, the Closer Settlement (Amendment) Act, 1900, and the Closer Settlement (Amendment) Act, 1912.
The five last-mentioned Acts are herein referred to as " the Closer Settlement Acts."
Applications under the Closer Settlement Promotion Act, 1910.
2. Where application is made under section three of the Closer Settlement Promotion Act, 1910, the Minister, instead of proceeding under that Act, may, with the vendor's consent, purchase such land at a price not exceeding that recommended by an advisory board and a valuer of the Government Savings Bank.
Lands so purchased by the Minister shall—subject to payment by the applicant to the Crown of the prescribed percentage of the purchase money by way of a deposit and survey fee or other fees and expenses—vest in and be held by the applicant as a settlement purchase, under the provisions of the Closer Settlement Acts. The amount of the purchase money paid by the Minister for each settlement purchase shall for the purposes of such Act be deemed to be the capital value of the settlement purchase.
How purchase money to be paid.
3. Any purchases or resumptions of land under the last-preceding section, shall be paid for—
Closer Settlement Acts, and any purchases under the
(a)
in cash, or with the concurrence of the owner, vendor, or mortgagee, by inscribed stock or Treasury bills ; or
(b)
with the concurrence aforesaid, by certificate issued by the Minister, authorising the pay ment out of the Treasury of the amount of the purchase-money or compensation in such instalments, and bearing interest at such rate as may be therein specified. Such certificate shall be negotiable only with the consent of the Minister.
Any
Any sums payable in respect of such purchases or resumptions may be paid out of the Closer Settlement Fund : Provided that all revenue received from the land in connection with which such sums have been so paid shall be credited to the said fund.
After-auction .sales.
4. Where any land within a settlement purchase area has been offered for sale by auction and not- sold (whether such offering for sale was before or after the commencement of this Act) the Governor may grant such land at the upset prices thereof to any person who shall duly apply for the same.
The applicant shall with his application lodge a deposit of twenty-five per centum of the said upset price, and, if the application be approved by the Minister, shall pay the balance of the said price subject to such terms and conditions as were notified in the Gazette in connection with the aforesaid offering at auction ; and upon default of the due payment thereof the contract for sale may he cancelled and any moneys paid may be forfeited by notification in the Gazette.
Permissive occupancies.
5. Section thirty-nine of the Closer Settlement Act, 1904, is hereby repealed, and the following is substituted for i t :—
39. The Minister may grant permits to occupy ment purchase area which remain undisposed of,
from month to month any lands within a settle
subject to the following terms and conditions : —
(a)
The rent shall he as agreed between the Minister and the occupant, and shall he paid in advance to the Colonial Treasurer.
(b)
The occupant shall take care of and safe guard all improvements situated on the land he is permitted to occupy.
(c)
The occupant shall not allow more than the specified number of stock to graze upon the land.
(d)
(d)
The occupancy may he determined by the Minister giving the occupant or by the occupant giving the Under Secretary for Lands two weeks' notice in writing.
(e)
Any other conditions which the Minister may deem advisable.
(f) If any of the conditions are not complied with, the Minister may, by any person whatsoever, at once enter into possession of the land, and such entry shall be conclusive proof of the non-observance of the condition. The occupant shall thereupon give up occupa tion of the land.
(g)
The permit to occupy shall not exempt the land from being acquired as a settlement purchase or otherwise under the Closer Settlement Acts. The occupancy of so much of the land as may be so applied for shall cease and determine from the date of any such application, and the rent shall be ad justed or any balance refunded as the case may be.
Sale or lease of forfeited settlement purchases. 6. If any land acquired under the Closer Settle ment Promotion Act, 1910, is forfeited, and the commissioners are unable—within a reasonable time— to resell it upon acceptable terms as a settlement purchase, they may dispose of such land by sale or lease —either by auction or tender—upon such terms and
may be disposed of in a similar manner, separately from improvements on land forfeited and acquired as aforesaid conditions as the Minister may agree to. Any movable the land.
Reference to the Land Appeal Court and rehearing by
local land board.
7. (1) The Minister may refer any decision or recommendation of any local land board given or made under the Closer Settlement Acts before or after the commencement of this Act to the Land Appeal Court for determination in any case where he deems that further
consideration is necessary or desirable. (2)
(2) Where the Minister considers that farther consideration of any such decision or recommendation by the local land board, given or made before or after the commencement of this Act is necessary or desirable, he may return it to such hoard for such purpose, and such board may, with or without taking further evidence, uphold, reverse, alter, or amend its previous decision or recommendation as it may consider just.
(3) Where, after such further consideration, the withdrawal of an application for a settlement purchase is permitted, the hoard may retain the whole or such portion of the deposit as may seem justifiable.
Change of venue.
3 . The Minister may from time to time direct any local land board to deal with any matter, question, or inquiry that has arisen under the Closer Settlement Acts, before or after the commencement of this Act, without regard to the land hoard district or land district in which the land forming the subject of such matter, question, or inquiry may be situated. And the said land board shall have as full power and jurisdiction to deal with the matter, and to come to a determination therein, as if the land aforesaid were situated within that board's proper land board district or land district.
Where before the commencement of this Act a local land board has, from inadvertence or otherwise, dealt with or determined any such matter, question, or inquiry, relating to land situated outside its land hoard district or land district,such dealing or determination shall he and he deemed to have been as valid as if such land were situate
within the land board district or land district of such board. Rights and liabilities of minors.
9. Any person between the ages of sixteen and twenty-one years who, before or after the commence- ment of this Act, has made or acquired, or shall make or acquire, a settlement purchase, and who during his ownership, either personally or by an agent, enters into any agreement for or in relation to the performance of any work or the rendering of any services on such settle ment purchase or in relation thereto, or to the loan of
money,
money, or the sale or purchase of goods and chattels of any description whatsoever, or .who in like manner enters into any agreement connected with the occupation, management, or general purposes of such settlement purchase not being in violation of the provisions of this Act or the Closer Settlement Act, 1904, or any Act amending the same, shall be subject to the same liabilities and have the same rights in respect of such agreement as if he were of the full age of twenty-one years.
Reduction of the capital value of settlement purchases
(Boree Creek Estate).
10. Whereas it is desirable and expedient that the capital values of the settlement purchases specified in column four of Schedule A hereto shall be reduced to the amounts specified in column five thereof, it is hereby enacted that the capital values of the said settlement purchases shall be deemed to be and to have been at the respective dates of application therefor, the amounts set out against each settlement purchase in the said column five.
The amounts lodged as deposits and paid as instal ments in connection with such settlement purchases, exclusive of interest on such instalments, shall be applied in reduction of the purchase money, and no refund will be made of any sums so paid. The annual instalments of the balance of the purchase money and interest in respect of each settlement purchase mentioned therein shall be five per centum of the amounts set out in the said column
five opposite to such settlement purchases. Repeal. 1 1 . The provisions of the hereinafter mentioned sections contained in the Closer Settlement Act, 1904, and the Closer Settlement (Amendment) Act, 1907, are hereby repealed, namely:—Sections five, six, seven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, nineteen, and forty-one of the Closer Settlement Act, 1004, and sec tion seventeen of the Closer Settlement (Amendment), Act, 1907.
Fulfilment
Fulfilment of the conditions of residence, 12. (1) Any person who is the holder of any holding,
and who is living continuously thereon as his bona-fide home without any other habitual residence at the time of making or acquiring a settlement purchase may, with the consent of the local land board or the Minister, and subject to such conditions as may be agreed upon, carry out the condition of residence attached to such settlement purchase by residing on the holding first mentioned : Provided that the land so held and resided upon shall he within a reasonable working distance of: such settlement purchase.
(2) The word " h o l d i n g " in this section shall mean and include any holding under the Crown Lands Acts, the Closer Settlement Acts, the Closer Settle ment Promotion Act, 1910, and shall also include any freehold.
Dedication of lands.
13. The Minister by notice published in the Gazette
may and shall be deemed to have had the power to reserve or dedicate lands within a settlement purchase area—in such manner as may seem best for the public interest—for any purpose notified in the Gazette as a public purpose. Upon such notice being so published such lands shall become and be reserved or dedicated accordingly, and may at any time be granted in fee simple for such purpose.
| The Minister shall have the same powers of revocation of any such reservation or dedication as are conferred upon him by section twenty-five of the Crown Lands | Consolidation Act, 1913, in respect to reservations |
| and dedications of Crown lands. |
Interest on postponed instalments.
14. Notwithstanding anything to the contrary in the
Closer Settlement Acts, the debts incurred in respect of instalments on settlement purchases due prior to the first day of December, one thousand nine hundred and fourteen, and postponed under the provisions of section twenty-nine of the Closer Settlement Act, 1901, shall be
computed
computed up to the said day. Such debts shall be payable as provided by the said section twenty-nine, except that the interest in respect of the debts due on the first day of December, one thousand nine hundred and fourteen, shall be paid with the annual instalments on the first day of December each year or within three months thereafter. The interest on instalments due subsequently to the first day of December, one thousand nine hundred and fourteen, and postponed under the provisions of section twenty-nine of the Closer Settlement Act, 1904, shall be paid each year on the first day of December, or within three months thereafter.
Annual instalments on settlement purchases. 1 5 . Notwithstanding anything to the contrary in the
Closer Settlement Acts, settlement purchasers, includ ing settlement purchasers under the Closer Settlement Promotion Act, 1910, shall, on the first day of December, one thousand nine hundred and fourteen, have the option of—
(a) paying interest on the balance of purchase money, at the rate charged on their settlement purchases up to the first day of December, one thousand nine hundred and fourteen, from the date when the then last annual instalment became due; or
(b) failing payment of such interest before the first day of March, one thousand nine hundred and fifteen, having the same added without fine to the balance of purchase money owing on their
settlement purchases.
Thereafter the annual instalments to be paid in respect of the settlement purchases shall be paid on the first day of December in each year, or within three months thereafter :
Provided that when a settlement purchase is made or acquired after the first day of December, one thousand nine hundred and fourteen, the settlement purchaser shall have a like option exercisable on the first day of December after the date of the settlement purchase application.
Extension
Extension of time to pay overdue instalments. 16. The Minister may grant extension of time to pay
overdue instalments in respect of settlement purchases, including- settlement purchases under the Closer Settlement Promotion Act, 1910, in any case where he is satisfied—
(1) that the holder of the settlement purchase is
unable to pay such instalments ; and
(2) that the amount overdue, including any instal ments postponed under the provisions of section twenty-nine of the Closer Settlement Act, 1901, and the amount of advances by way of mort gage, do not together exceed seventy-five per centum of the purchase money paid off the settlement purchase plus the value of the holders improvements as disclosed by the condi tional purchase inspector's report last received.
The period allowed under any one extension shall not exceed five years; and during the period of any such extension interest on the amount of such overdue instal ments at the rate of five per centum per annum shall be paid.
Amendment of the Closer Settlement Act, 1904. 17. The following amendments are made in the
Closer Settlement Act, 1904:—
Section four—The definition of " Design plan " is
omitted.
Section twenty-nine, subsection (b)—The words substituted for the words " improvements and
" improvement, cultivation, or otherwise " are
cultivation " After the words " village or town " the words " a n d for that purpose the village or town need not have been proclaimed or notified as such " are inserted.
Section thir ty-eight—"Minister" is substituted for
" Governor "
Section fifty-three—The words " one month " are substituted for the words " fourteen d a y s " wherever occurring.
Amendment
Amendment of the Closer Settlement (Amendment) Act, 1906.
18. Section seven of the Closer Settlement (Amend ment) Act, 1900, is amended by substituting the word " Minister " for the word " Governor."
Section eight is amended by omitting the words " and adjoining such land " and by inserting the words " or any part thereof" after the word " l a n d " and before the word " added."
Amendment of the Closer Settlement (Amendment) Act, 1907.
19. Section five, subsection one, of the Closer Settlement (Amendment) Act, 1907, is amended by inserting the words " or within a radius of fifteen miles from the terminus thereof " next before the expression " being the property of one owner."
Amendment of the Closer Settlement (Amendment) Act, 1909.
20. Section eight of the Closer Settlement (Amend ment) Act, 1909, is amended by the substitution of the words " age of sixteen years " for the words " age of eighteen years."
Section nineteen, subsection one, of the Closer
Settlement (Amendment) Act, 1909, is amended byinserting the words " o r within a radius of fifteen miles
from the terminus t h e r e o f next after the words "p ro posed railway." In section twenty-one of the same Act the following; amendments are made :—
Subsection two—the words " or the Closer Settle
ment Promotion Act, 1910," are inserted next
after the word "Ac t s . " The words " a plan of subdivision showing" and the words " and shall be the design plan of the land " are omitted.
Subsection
Subsection three—The words " a t any time and in any respect" are omitted.
The words " any design plan " are omitted, and in lieu thereof the words " t h e areas and values of settlement purchases " are inserted.
The word " made" is omitted, and the word " approved " is inserted in lieu thereof.
The words " a n d also the Commissioners of the Government Savings Bank of New South Wales in the case of settlement purchases acquired under the Closer Settlement Pro motion Act, 1010," are inserted next after the word " owner."
The words " Remnants of Crown lands within or adjoining settlement purchases acquired under the Closer Settlement Promotion Act, 1910, may, with the consent of the owners be added thereto on such te rms and conditions as may be approved by the Minister" are inserted as a further paragraph after the words " shall be obtained."
The words " according to the design thereof " are omitted.
The words " to approve of plans under the Crown Lands Consolidation Act, 1913," are added at the end of the subsection.
Subsection five—The words " shall be notified for disposal under the design plan a n d " are omitted.
Subsection six—The words " o r which in the
opinion of the advisory board should be
inserted next after the word " same." The granted in exchange for other land," are words " o r exchange " are inserted next after
the word " tender."
| Amendments | of the Closer Settlement | Promotion | Act, |
1910.
2 1 . Section three of the Closer Settlement Pro
motion Act, 1010, is amended by substituting the
word " cause " for the word " notify " ; by inserting the
words
words " to be notified " next after the word "commis sioners " ; and by adding at the end of the section the following proviso:—
" Provided that for the purposes of this section the provision of paragraph (b) of section twenty-six of the Closer Settlement Act, 1904, shall not operate to disqualify an applicant merely on the ground that the land he desires to purchase is held by him as a tenant with a right of purchase."
Section four is amended by omitting the words " on being satisfied" and by omitting paragraphs (a), (b), and (c).
Section six is amended by the addition of the words " n o t being less than three in number " after the words "remaining applicants."
Section seven is repealed, and the following is substi tuted therefor:—
7. The Minister, on being satisfied—
(a) that the lands, the subject of such application, are suitable for settlement; (b) that the applicants are qualified as aforesaid ; and (c) that such lands do not exceed a home mainten ance area for each applicant, may approve of the purchases, and upon such approval the vendor may surrender to the Crown the land agreed to be purchased, in order that the purchaser may acquire such land as a settlement purchase and obtain the advance from the commis sioners as hereinafter in this Act provided.
Section eight: The following sentence is added at the end of subsection (d) :—" The first instalment shall he paid at the end of the first year from the date of com mencement of title, or within three months thereafter." Section twelve is amended by adding at the end of the section the following proviso :—
" Provided that where the existence of useful im provements warrant it, the advance may he up to three thousand pounds; hut in no case shall more than two hundred pounds be advanced on account of any dwelling-house on the land."
Section
Section fifteen: The following amendments arc made :—
The words " by such holder before or " are inserted nes t after the word " thereon "
The words " provided that such improvements have not been taken into account by the advisory board and the commissioners when making the valuations specified in section lour of this A c t " are added at the end of the first para graph.
| Amendment | of the Closer Settlement | [Amendment) |
Act, 1912.
22. Section th ree : The words " the whole or any part of the area of any such lease being situated within fifteen miles of a then existing or duly sanctioned rail way " are omitted.
Section four, subsection three, is omitted, and the following subsection is inserted in lieu thereof:—
(3) After receipt of such notice of appeal the Minister shall refer the matter to the local land board to compute under this Act, and determine the amount of compensation to be paid to such holder. The determination of the local land board, subject to appeal to the Land Appeal Court, shall be final and conclusive.
Power to make regulations.
23 . The Governor may exercise, for the purpose of
carrying out the provisions of this Act, the powers of
| three of the Closer Settlement Act, 1904. | making regulations conferred upon him by section fifty- | S C H E D U L E . |
Sl'HKIirLE.
S.'ftli llll ' l l!
| Farm. | Name, | pu tv luw | ! 'apital vaaie, incluilini; value of impr-veaiem -. |
| niliiil .ci-. |
| 1. | 2. | 3. | 4. | 5. |
£ s. d. £ a. (1.
| 1 | Brown, Thomas John Cairns ., | 1909/10 | 2,150 0 0 | 1,987 10 0 |
(£4 lis. per acre.) (£.'! 19s. 6d. per acre.)
| 5 | j La t t i n , Alfred Augus tus | ... | 1909 2 | '2.349 | 2 | 3 | 2,19s | 0 | 0 |
(£4 os. 8d. per acre.) (£4 per acre.)
| 6 | Brown, Charles Alexander | ... | 1909 9 ! | 2.OS., 17 S | -2,518 19 0 |
(£4 9s. (3d. per acre.) (£4 4s. per acre.)
| S | Scott , Ernes t .lames | 1909 1! | 2,268 ]."> | 2 | 2.129 11 ~> |
(£4 Is . 6d. per acre.) (£.'{ His. (Id. per acre.)
| 10 | Peebles, J o h n Alexander | 1909 4 | 2,."48 | 0 | O | 2,422 | 0 | 0 |
i L'4 I Is. [X r acre.) (£-1 (Is. 6d. per acre.)
| 21 | j Hodges, Charles Cyril | I9U9 8 | 2.440 | i; | d | 2,347 | 9 | 3 |
I £4 12s. per a c r e ) (£4 Ss. 6d. per acre.)
| 23 j Reedy, John | 1909 7 | 2.096 Hi 3 | 2,004 10 0 |
(£:: 19s. (id. per acre.) ( £ 3 16s. per acre.)
| 27 | ' Gepper t , August | 190:' 1 | 2.,>75 l."> | 8 | ' | 2,487 | 9 | 5 |
£4 7-. 60. per acre.) (£4 4s. 6d. per acre.)
| 30 | ; .Scott, | Andrew | Johns tone |
Hudson ... 1909 3 , 2.324 0 0 2.198 II 0
£4 3s. per acre.) (£3 18s. 6d. per acre.)
[ I
0
0
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