Closer Settlement and Returned Soldiers Settlement (Amendment) Act 1927 (NSW)

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CLOSER SETTLEMENT AND
RETURNED SOLDIERS SETTLEMENT (AMENDMENT)
ACT.
Act No. 14, 1927.

An Act to provide for t h e relief of cer ta in
set t lers ; to provide for t h e revision of cer ta in
indeb tedness to t h e Crown in r e spec t of

cer ta in cases u n d e r t h e Closer S e t t l e m e n t

A c t s ; t o provide for t h e r e d e t e r m i n a t i o n of

t h e pr ice or value of s e t t l e m e n t purchases ;

to m a k e fur ther provision r e g a r d i n g t h e sub

division of hold ings u n d e r t h e said Acts and

t h e acquis i t ion of addi t ional h o l d i n g s ; a n d

for these and o t h e r purposes to a m e n d t h e

Closer S e t t l e m e n t Ac t , 1904, t h e R e t u r n e d

Soldiers S e t t l e m e n t Act , 1916, and ce r t a in

o the r Ac t s ; and for purposes connec ted

t h e r e w i t h . [Assen ted to , 17th F e b r u a r y ,
1927.]

Closer Settlement Acts.
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 :—
1 . This Act may be cited as the " Closer Settlement
and Returned Soldiers Settlement (Amendment) Act,
1927," and shall be read and construed with the

2. (1) The holder of any settlement purchase the title to which commenced before the passing of this Act may apply to have the capital value of the land comprised therein determined in pursuance of the provisions of this section.

(21 The holder of any land acquired under the Closer Settlement (Amendment) Act, 1919, may, if he considers the charge of purchase money excessive, apply to have the value of his land and the amount of such charge determined.
(3) Any application made in pursuance of this section shall be made in the form and shall be accompanied by the declaration and fee prescribed by regulation made under the Closer Settlement Acts.

(4) An application under subsection one of this section may be made within two years from the commencement of this Act, or where the settlement purchase has been applied for before the commencement of this Act but the application therefor has not been allowed before such commencement, then within two years after the allowance of the settlement purchase.

(5) An application under subsection two of this section shall be made within two years from the commencement of this Act.

(6) An application lodged in pursuance of this section shall he dealt with by the local land board or by a board constituted under the Returned Soldiers Settle ment Act, 1916, which board shall have the powers of a local land board.

(7) The price or value of the settlement purchase shall be determined as at the date of application for
determination having regard to the same factors as

those required by the regulations under the Closer Settlement Acts to be taken into consideration when determining the sale values of lands comprised in any settlement purchase area but assuming that any improvements effected on such land since the date of commencement of title thereto do not exist.

(8) The board shall determine the freehold value
of any land subject to a charge as at the date of

application for determination but assuming that any

improvements

improvements effected on such land since the date of the acquisition of the land under the Closer Settlement (Amendment) Act, 1919, do not exist.
The amount of the charge shall he determined by deducting from the appraised freehold value so determined—

(a) the amount which was required to make the holding freehold at the date of the acquisition of the land under the Closer Settlement (Amend ment) Act, 1919 ; and
(b) the amount, if any, paid by the purchaser to the vendor with the consent of the Minister as provided by sections six and seven of the Closer Settlement (Amendment) Act, 1919.

(9) The board's determination under this section shall be subject to appeal by the applicant or reference by the Minister to the Land and Valuation Court in the same manner and within the same time as is provided for cases of appeal under section nineteen or as is provided for cases of reference under section one hundred and sixtv-six of the Crown Lands Consolidation Act, 1913.
(10) The balance of purchase money owing on any settlement purchase and the balance owing on any charge of purchase money created under the Closer Settlement (Amendment) Act, 1919, at the date of application for determination shall be adjusted in cases where the land is not subject to a charge in accordance with the amount of the capital value finally

the purchaser to the vendor with the consent of the determined under this section less the amount paid by

Minister as provided by sections six and seven of the Closer Settlement (Amendment) Act, 1919, and in cases where the land is subject to a charge in accordance with the amount of the charge of purchase money so determined.

All amounts, inclusive of interest payable in respect of the land or charge up to the date for payment last preceding the date of application for determination, shall be paid as if this section had not been passed.

All

All amounts thereafter payable in respect of the land or charge shall be adjusted in accordance with the price or amount of charge of purchase money determined under this section.

Where any unpaid interest payable by the holder has been added to the purchase money or charge of purchase money under any Act or regulation, nothing in this section shall be taken to relieve the holder from the operations of such Act or regulation in this regard.

(11) If on any inquiry under this section it appears that the value of the land has become reduced by any act, default, or neglect of the holder thereof or by bis acquiescence in the act, default, or neglect of any other person, or that the improvements existing on such land at the date of commencement of title thereto or of the creation of the charge of purchase money thereon, as the case may be, have become depreciated, the value of the land shall be determined as if such reduction or depreciation had not taken place.

(12) An application under this section may be withdrawn by the applicant at any time before the commencement of the bearing by the board upon pay ment of the actual costs incurred in dealing with the application.

(13) An application under subsection one of this section shall include all settlement purchases held by the applicant at t he date of the application in respect of

which he has a right of determination under this

section.

(14) No determination of the value of a settle ment purchase under this section shall he made if in

the opinion of the local land board the lands held by the applicant together with the area sought to be

appraised substantially exceed a home maintenance area.
For the purposes of this subsection any land held by

the spouse of the applicant shall be deemed to be held

by the applicant.

(15) Regulations may be made under the Closer Settlement Acts for giving effect to this section.

3. The Closer Settlement Act, 1904, is amended as follows:—
(a) (i) by inserting in section four at the end of the definition of the word " a c q u i r e d " the words " or acquired by transfer under the provisions of the Closer Settlement (Amend ment) Act, 1919 " ;
(ii) by omitting from the same section from the definition of the term " Crown lands " the words and figures " Crown Lands Act of 1884 " and by inserting in lieu thereof the words and figures " Crown Lands Consoli dation Act, 1913 " ;
(iii) by omitting from the same section the words " Land Appeal Court " ;

(b) by omitting from section eight the word " s u c h " and by inserting in lieu thereof the words " any private " ;
(c) by omitting from subsection one of section eighteen the words " the Closer Settlement Board" and by inserting in lieu thereof the words " a Closer Settlement Advisory Board " ;
(d) (i) by omitting from paragraph (a) of section twenty-six the words " in the opinion of the local land board " ;
(ii) by inserting next after paragraph (c) of the same section the following new paragraph:— (cl) Any person who has applied for and

obtained a title to a settlement pur

mencement of the Closer Settlement chase either before or after the com
and Returned Soldiers Settlement
(Amendment) Act, 1927, and who no longer holds the same mav with the consent of the Minister in writing previously had apply for another settlement purchase.

(e)

by omitting from section twenty-eight the words " Land Appeal Cour t " and by inserting in lieu thereof the words " Land and Valua

tion C o u r t " ;

(f)

(f) (i) by omitting from paragraph (b) of sub- section one of section twenty-nine the words " twelve m o n t h s " and bv inserting in lieu thereof the words " s ix mon ths" ;
(ii) by inserting at the end of the same section the following new subsection :—
(4) Upon application, the Minister may at any time defer the payment of any amount due, or to become due within twelve months from the date of the application, on any holding for any period not exceeding five years, subject to the performance of any conditions he may deem fit to impose, and if the conditions so imposed or any of them are or is not duly performed the concession granted by the Minister shall cease to operate.
Any payment so deferred shall bear interest at the rate of five per centum per annum from the date of its becoming due until the date of payment; and such interest shall, if the Minister so directs, be payable on such dates as he may determine.
The Minister may allow the deferred amounts to be paid by annual instalments, with interest at the rate aforesaid.
In any case where the Minister is satisfied that the circumstances warrant it, he may remit the payment of such interest wholly or in part.

(g) (i) by omitting from section thirty the words
" No person unless qualified under section twenty-six hereof shall make or acquire by transfer or otherwise a settlement purchase under this Act, nor shall any person who- soever make, hold, or acquire more than one settlement purchase, except where the settlement purchase already held by such person is less than a home maintenance area. In such case the holder may acquire a second settlement purchase if in the
opinion

opinion of the Minister the combined area does not substantially exceed a home maintenance area " and by inserting in lieu thereof the following words :—
" Subject to this section no person unless qualified under section twenty-six of this Act shall acquire by transfer or otherwise a settlement purchase.
Any person who has acquired by transfer or otherwise a settlement purchase either before or after the commencement of the Closer Settlement and Returned Soldiers Settlement (Amendment) Act, 1927, and no longer holds the same may, with the consent of the Minister, and if qualified undersection twenty-six, acquire by transfer or otherwise other settlement purchases.
A person who already holds one or more settlement purchases comprising less than a home maintenance area may, with the consent of the Minister, acquire by transfer other settlement purchases, but in no case shall consent be given where in the opinion of the Minister the land held by such person together with the land sought to be acquired would substantially exceed a home maintenance area."
(ii) by inserting the following words at the end of the same section :—

" I t shall be competent for two or more
persons who are not subject jointly or

severally to any disqualification in that
behalf specified in this Act or any Act amending the same, to acquire a settlement purchase by transfer, but only after the issue of the certificate of the fulfilment of conditions other than that of payment of purchase money."

(h)

by omitting from section thirty-one the words :—
" The provisions of this section shall apply to
any transfer of land acquired under the Closer

Settlement

Settlement Acts or the Closer Settlement Pro- motion Act, 1910, irrespective of whether the grant has or has not issued or whether the land was acquired as a settlement purchase before or after the commencement of the Closer Settlement (Amendment) Act, 1918; and in every case the transferee of such land shall require to be a person who is qualified to hold a settlement purchase.
Such consent shall not be required in the ease of a transfer by way of mortgage or release of mortgage before or after the issue of the grant nor to a lease after the issue of

the g r a n t "
and by inserting in lieu thereof the following
words :—
" The provisions of this section shall apply to any transfer, conveyance, assignment or other disposition of land applied for or acquired as a settlement purchase under the Closer Settle ment Acts or Closer Settlement Promotion Act, 1910, irrespective of whether the grant has or has not issued, or whether the settlement purchase was made or acquired before or after the commencement of the Closer Settlement and Returned Soldiers Settlement (Amend ment) Act, 1927.
In every case the transferee of any such land shall require to be a person who is qualified to acquire a settlement purchase.

Such consent shall not be required in the case of a transfer by way of mortgage or release of mortgage before or after the issue of the grant nor to a lease after the issue of the grant, nor to the transfer of land comprised in a subdivision of a settlement purchase after issue of the grant if the Minister has consented to the subdivision.
Where the consent of the Minister to the
subdivision has been registered the restrictions
as to transfer to which the grant before
subdivision
subdivision was subject shall cease to apply to any portion of the grant transferred in pursuance of such subdivision.
The consent of the Minister to a subdivision shall be in the form prescribed by regulations under this Act, and may be registered in manner prescribed by regulations under the Conveyancing Act, 1919.
(i) by omitting from section thirty-five the words " Land Appeal Court " and by inserting in lieu thereof the words " Land and Valuation C o u r t " ;

(j) by inserting in section thirty-six after the word " forfeiture " where first occurring the words " u p o n default in payment of any instal ments of purchase money or interest or " ;
(k) by omitting from section forty-two the words " Land Appeal Court " and by inserting in lieu thereof the words " L a n d and Valuation Cour t " ;
(1) by omitting from section fifty-two the words " Land Appeal C o u r t " and by inserting in lieu thereof the words " Land and Valuation Court " ;

(m) by omitting section fifty-three and by insert ing in lieu thereof the following new section :—
53. The Governor may make regulations for carrying out the provisions of this Act.

The regulations shall—
(a) be published in the Gazette ;

(b) take effect from the date of such publication or from a later date to bo specified in the regulations ;
(c) be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

If

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing anv regulation or part thereof, such regulation or part thereof shall thereupon cease to have effect.

4. The Closer Settlement (Amendment) Act, 1907, is amended as follows : —

(a) by omitting from section ten the words "a court constituted as provided in section eighteen of the Principal A c t " and by insert- ing in lieu thereof the words " the Land and Valuation Court " ;
(b) by inserting next after section ten the following new section :—
10A. When any resumption is made under the Closer Settlement Acts and compensation for such resumption is payable, the Minister shall for a period of one month after the amount of such compensation has been finally determined by the Land and Valuation Court have the right to elect whether the Crown will pay such amount or discontinue such resumption.

If the Minister, after determination of value by the Land and Valuation Court, elects to continue such resumption, the owner shall be entitled to remain in occupation under con-

ditions to be approved by the Minister for a
period of not more than twelve months after
the decision of the Minister has been com-
municateed to such owner.

Within fourteen days thereafter the owner shall notify to the Minister the period for which he desires to obtain the use of the land. During such period the owner shall effectively safeguarel all improvements and at the expira- tion of such period shall give vacant and peaceful possession.
If

If the Minister before the expiration of the aforesaid period of one month, by notification in the Gazette, elects to discontinue such resumption, the proclamation of the resump- tion and all proceedings thereon or thereafter relating to the resumption shall be treated as a null i ty; and in any case where t he Minister so elects, no further proclamation or notifica- tion under sections four or five of this Act shall be made for a period of five years from the date of such election.
The claimant shall be entitled to payment of the proper costs and expenses incurred up to the date of the discontinuance and the amount thereof shall, when necessary, be fixed by the Land and Valuation Court.

(c)

by inserting in section eighteen the following new words :—
" The regulations shall—
(a) be published in the Gazette ;

(b)

take effect from the date of such publication or from a later date to be specified in the regulations ;

(c)

be laid before both Houses of Parlia- ment within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a any time within fifteen sitting days after the resolution of which notice has been given at
regulations have been laid before such House disallowing any regulation or any part thereof, such regulation or part shall thereupon cease to have effect."

5. The Closer Settlement (Amendment) Act, 1909, is amended by omitting section twenty-five and by inserting in lieu thereof the following new section :—
25. The Governor may make regulations for
carrying out the provisions of this Act.

The

The regulations shall—
(a) be published in the Gazette;

(b) take effect from the date of such publication or from a later date to be specified in the regulations;
(c) be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part thereof shall thereupon cease to have effect.
6. The Closer Settlement (Amendment) Act, 1912,

is amended as follows :—

(a)

by omitting the words " Land Appeal Court " wherever occurring and by inserting in lieu thereof the words "Land and Valuation Court";

(b)

by omitting from section eight the words "a, copy of such regulations shall be published in the Gazette and laid before both Houses of Parliament without delay " and by inserting in lieu thereof the words—

" T h e regulations shall—
(a) be published in the Gazette;
(b) take effect from the date of such publica-

tion or from a later date to be specified
in the regulations;

(c)

be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a
resolution of which notice has been given at
any time within fifteen sitting days after such
regulations

regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect."

7. The Closer Settlement (Amendment) Act, 1914, is amended as follows :—
(a) (i) by omitting from section four the words " of twenty-five per centum of the upset price " and by inserting in lieu thereof the words " in accordance with the terms and conditions which were notified in the Gazette in connection with the aforesaid offering at auction or tender " ;
(ii) by omitting from the same section the words " in connection with the aforesaid offering at auction " ;

(b) by omitting from subsection one of section seven and from section twenty-two the words " Land Appeal Cour t " and by inserting in lieu thereof the words " Land and Valuation Court."

8. The Closer Settlement (Amendment) Act, 1916, is amended as follows:—By omitting from section eleven the words " who was previously the subject of an allied power or if the subject of a neutral power has served with the military or naval forces of His Majesty in the war of 1914-1919" ; and by omitting from the same section the words " of such allied or neutral power."

9. The Closer Settlement (Amendment) Act, 1919, is amended as follows :—

(a) by adding at the end of section twelve the following words:—
" Any grant of land upon which such charge subsists shall be issued with a memorandum endorsed thereon of the amount then due in respect of the charge, and the certificate of the Minister that the charge has been paid may be registered and upon registration shall operate to free the land from the charge " ;

(b)

(b)

by inserting in section thirteen the following new subsection :—
(2) This section shall extend to a case in which the grant has been issued subject to a charge under section twelve of this Act.

(c) by inserting in section fifteen after the words "published in the Gazet te" the words " a n d shall take effect from the date of such publication or from a later date to be specified in the regulations."

1 0 . The Returned Soldiers Settlement Act, 1916, is amended as follows :—

(a)

by inserting in section 3A after the words "discharged soldier" the words " or to any person whether a discharged soldier or not who has been employed continuously for a period of not less than twelve months on any settle ment for a group of discharged soldiers as inspector, manager, overseer, orchardist, or in any other similar capacity " ;

(b) (i) by omitting from subsection (3c) of section nineteen the words " in accordance with the amount of the price or capital value or charge of purchase money finally determined under this section" and by inserting in lieu thereof the words " in cases where the land is not subject to a charge in accordance with the amount of the capital value finally determined under this section less the amount paid by the purchaser to the vendor with the consent of the Minister
as provided by sections six and seven of
the Closer Settlement (Amendment) Act, 1919, and in cases where the land is subject to a charge in accordance with the amount of the charge of purchase money so determined " ;
(ii) by adding at the end of the same subsection the following words " Adjustments on the basis provided in this subsection shall be made in cases where the application for
determination

determination of the price or capital value was made prior to the commencement of the Returned Soldiers Settlement (Amend- ment) Act, 1925, as well as in cases where applications are made in pursuance of that Act."

1 1 . The Acts mentioned in the Schedule to this Act

are to the extent therein indicated hereby repealed.

SCHEDULE.

Number of Act. Short Title. Extent of repeal.

1909, No. 21 ... Closer Settlement (a) Section seven.

(Amendment) Act,

(b) So much of section eleven as inserted subsection two in section twenty-nine of the Closer Settlement Act, 1904.
1909.

1916, No. 53 ... Closer Settlement Subsection two of section eight.
(Amendment) Act,
1916.

1918, No. 48 ... Closer Settlement So much of section twenty-two

(Amendment) Act, as amended sections thirty

1918.

and thirty-one of the Closer Settlement Act, 1904.

1919, No. 46 ... Closer Settlement So much of section sixteen and

(Amendment) Act, of the Schedule to the Act as
1919. amended the Closer Settle-

m e n t (Amendment) Act,
1916.

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Closer Settlement and Returned Soldiers Settlement (Amendment) Act 1927 (NSW)

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t h e	pr ice	or	value	of s e t t l e m e n t	purchases ;
to m a k e	fur ther	provision	r e g a r d i n g	t h e	sub

Closer	S e t t l e m e n t	Ac t ,	1904,	t h e	R e t u r n e d
Soldiers	S e t t l e m e n t	Act ,	1916,	and	ce r t a in
o the r	Ac t s ;	and	for	purposes	connec ted

t h e r e w i t h .	[Assen ted	to ,	17th	F e b r u a r y ,
1927.]

(a)	the amount which was required to make the holding freehold at the date of the acquisition of the land under the Closer Settlement (Amend ment) Act, 1919 ; and
(b)	the amount, if any, paid by the purchaser to the vendor with the consent of the Minister as provided by sections six and seven of the Closer Settlement (Amendment) Act, 1919.

the purchaser to the vendor with the consent of the	determined under this section less the amount paid by
Minister as provided by sections six and seven of the Closer Settlement (Amendment) Act, 1919, and in cases where the land is subject to a charge in accordance with the amount of the charge of purchase money so determined.
All amounts, inclusive of interest payable in respect of the land or charge up to the date for payment last preceding the date of application for determination, shall be paid as if this section had not been passed.

(b)	by omitting from section eight the word " s u c h " and by inserting in lieu thereof the words " any private " ;
(c)	by omitting from subsection one of section eighteen the words " the Closer Settlement Board" and by inserting in lieu thereof the words " a Closer Settlement Advisory Board " ;

severally to any disqualification in that
behalf specified in this Act or any Act amending the same, to acquire a settlement purchase by transfer, but only after the issue of the certificate of the fulfilment of conditions other than that of payment of purchase money."
(h)	by omitting from section thirty-one the words :—
" The provisions of this section shall apply to any transfer of land acquired under the Closer

(j)	by inserting in section thirty-six after the word " forfeiture " where first occurring the words " u p o n default in payment of any instal ments of purchase money or interest or " ;
(k)	by omitting from section forty-two the words " Land Appeal Court " and by inserting in lieu thereof the words " L a n d and Valuation Cour t " ;

(a)	by omitting from section ten the words "a court constituted as provided in section eighteen of the Principal A c t " and by insert- ing in lieu thereof the words " the Land and Valuation Court " ;
(b)	by inserting next after section ten the following new section :—

(b)	take effect from the date of such publication or from a later date to be specified in the regulations ;
(c)	be laid before both Houses of Parlia- ment within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a any time within fifteen sitting days after the	resolution of which notice has been given at
regulations have been laid before such House disallowing any regulation or any part thereof, such regulation or part shall thereupon cease to have effect."

(b)	take effect from the date of such publication or from a later date to be specified in the regulations;
(c)	be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

(a)	by omitting the words " Land Appeal Court " wherever occurring and by inserting in lieu thereof the words "Land and Valuation Court";
(b)	by omitting from section eight the words "a, copy of such regulations shall be published in the Gazette and laid before both Houses of Parliament without delay " and by inserting in lieu thereof the words—

tion or from a later date to be specified
in the regulations;
(c)	be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

(a)	by inserting in section 3A after the words "discharged soldier" the words " or to any person whether a discharged soldier or not who has been employed continuously for a period of not less than twelve months on any settle ment for a group of discharged soldiers as inspector, manager, overseer, orchardist, or in any other similar capacity " ;
(b) (i) by omitting from subsection (3c) of section nineteen the words " in accordance with the amount of the price or capital value or charge of purchase money finally determined under this section" and by inserting in lieu thereof the words " in cases where the land is not subject to a charge in accordance with the amount of the capital value finally determined under this section less the amount paid by the purchaser to the	vendor with the consent of the Minister
as provided by sections six and seven of
the Closer Settlement (Amendment) Act, 1919, and in cases where the land is subject to a charge in accordance with the amount of the charge of purchase money so determined " ;

(Amendment) Act,	(b) So much of section eleven as inserted subsection two in section twenty-nine of the Closer Settlement Act, 1904.
1909.

(Amendment) Act,	as amended sections thirty
1918.	and thirty-one of the Closer Settlement Act, 1904.

(Amendment) Act,	of the Schedule to the Act as
1919.	amended the Closer Settle-