Conditional Purchasers' Relief Act (1896 No 3a) (NSW)

No. II .

An Act to fur ther p romote se t t l ement on

hinds condit ionally purchased from t h e Crown by providing for t h e reduct ion of t he annua l paymen t s in respect thereof, and for t he reduct ion of t h e r a t e of in te res t now payable upon cer ta in condit ional purchases ; to m a k e fur ther provis ion for the conversion of condit ional purchases and condit ional leases in to homes tead selections ; and to effect such a m e n d m e n t s in such s ta tu tes as may be necessary for t he aforesaid purposes . [14,th July, 1896.]

reduct ion of t he a n n u a l paymen t s in respect thereof, and for t h e WH E R E A S it is expedient to fu r the r promote se t t lement on lands condit ional ly purchased from t h e Crown, by provid ing for t h e

reduct ion of t he ra te of interest now payable upon cer ta in condit ional purchases , and to m a k e fur ther provision for the conversion of con­ dit ional purchases a n d condit ional leases in to homestead selections : Be

a n n u m ; and in any such case a n y a n n u a l paymen t s in respect of t he said condit ional purchase accru ing due after t he da te fixed for t h e operat ion of t h e reduc t ion m a y be m a d e a t t h e reduced ra te as de te rmined by t h e Minis ter . The ra te of annua l paymen t s in respect of a condit ional purchase wi th in a special area (whether t h e va lue of such condit ional purchase has been determined by appra i sement or no t )

i t therefore	enacted by the Queen ' s Mos t Exce l l en t Majes ty , by and
wi th t h e advice and consent of t h e Legislat ive Council and	Legis la t ive
Assembly of N e w	South W a l e s in Pa r l i amen t assembled, and by the

au tho r i t y of t he same, as follows :—•

1. This A c t may be cited as t h e "Cond i t iona l Purchase r s '

Belief A c t , " and shall be read wi th the " Crown Lands A c t of 1 8 9 5 , "

and t h e Acts specified in t h e first section thereof.

2. Subjec t to t he provisions hereinafter contained, t he Minis te r m a y reduce t h e ra te of one shil l ing per acre pe r a n n u m now payab le in respect of a condit ional purchase to n inepence per acre per a n n u m , or (if t h e case so admi t ) to sixpence per acre per a n n u m , and where t h e r a t e shall have been reduced unde r th is A c t to n inepence pe r

acre per a n n u m , m a y fur ther reduce t h e ra te to s ixpence per acre per

not) m a y , subject to t he provisions hereinafter contained, be reduced to three- four ths or one-half of t h e r a t e payable previous to t h e first

reduct ion unde r th is A c t :

Provided a lways t h a t t he Minis ter shall in every such case so

de te rmine t he ra te t h a t t h e a n n u a l payments , as reduced, will

ex t ingu i sh t h e ba lance of purchase money, together w i t h t he in teres t

the reon w i t h i n t he period of sixty-six years from the da te when the i n s t a lmen t of purchase money first succeeding the deposit became due .

3. Before any reduct ion is made by the Minis ter in respect of

a n y condit ional purchase , an appl icat ion for such reduc t ion shall be

m a d e in the prescr ibed m a n n e r by t he holder of t he condit ional purchase ,

or, if t h e same is held b y way of mor tgage , t h e n by the person who holds subject to t h e mor tgage , and shall be accompanied by a declarat ion and fee as p resc r ibed ; and a reduct ion shall not be m a d e to a n y appl icant whoso home and place of abode is no t establ ished on a hold ing of which the condi t ional purchase in respect of which t h e reduct ion is applied for forms pa r t . A holding for t he purposes of th i s section shall mean a cont inuous block, or port ions separated by roads or watercourses, and may include land held in foe simple and condit ional purchases or conditional leases of the same or different series, provided t h a t t he condit ional purchases ( included in such holding) in respect to which the reduct ion m a y be made shal l no t exceed a n area of one thousand two hundred and eighty acres in t h e Eas te rn Division, or two thousand five hundred and sixty acres in t he Centra l or Wes t e rn Division : Provided tha t no th ing here in shal l p reven t t h e Minis te r from m a k i n g a reduct ion (subject to such condi t ions as he m a y deem expedient) in any case where he is satisfied t h a t t h e appl icant , a l t hough not resident as hereinbefore required, holds t he l and bond fide for his sole use and benefit, and is no t in a posit ion to pay t h e ins ta lments a t t h e original ra te , and is no t t he holder unde r any t enure of a greater to ta l area in th i s Colony t h a n is necessary for t he ma in t enance of a family, such to ta l area not exceeding in any case one thousand two hundred and e ighty acres in the Eas t e rn Division or two thousand five h u n d r e d and s ixty

acres in t he Centra l or W e s t e r n Divisions : Provided fur ther t h a t th is

reduct ion unde r t he last proviso shall no t r u n wi th t h e land, b u t	shall
a t t ach only as a concession to the appl icant personally.

4s. I n any case where t h e Minis ter is satisfied, wi th or w i thou t

a repor t f rom the Local L a n d Board, t h a t t he holder for the

t i m e being of t he condi t ional purchase , in respect of which a reduct ion has been granted (or, if t h e same is held by way of mor tgage , t hen t h a t t h e person who holds, subject to t he mor tgage ) , has ceased to keep his home and place of abode thereon, or t h a t the declarat ion accompany ing the appl icat ion for t h e reduct ion contains a n y false

s t a t ement , t h e Minis te r m a y direct t h a t p a y m e n t s a t the ra te ob ta in ing

previous to a n y reduct ion shall be r e s u m e d ; and in a n y such case p a y m e n t s a t t h e said ra te shall be resumed from and after such date

as t h e Min i s te r m a y specify for t h a t purpose .

5. The ra te of in teres t payable on the balance of purchase money for t h e t i m e be ing unpa id upon condit ional purchases applied for before t he first day of J a n u a r y , in the year one thousand e ight h u n d r e d and eighty-five, and subject to t h e provisions of section e ight of t he " L a n d s Ac t s A m e n d m e n t Act , 1 8 7 5 , " b u t no t b r o u g h t unde r t h e

provisions of section thir ty- l ive of t h e " C r o w n L a n d s A c t of 1 8 8 1 , "

shall be reduced to four per c e n t u m per a n n u m , such reduct ion t ak ing effect as from t h e first day of J a n u a r y , in t he year one thousand eight

h u n d r e d a n d n ine ty-s ix :

Provided

Provided a lways	t h a t —
(a)	t h e aforesaid reduct ion in t he ra te of in teres t shall no t opera te in respect of any in teres t which m a y have accrued before t he date hereinbefore ment ioned for t he t ak ing effect thereof in
any c a s e ;
(b)	n o t h i n g in th is section conta ined shal l affect t h e provisions

of section for ty-e ight of t he " Crown L a n d s A c t of 1895 . "

6. After t h e commencemen t of this A c t any condit ional pur­ chase, toge ther wi th any condit ional lease held by v i r tue thereof, or a n y condi t ional purchases or condi t ional purchases and condit ional leases (whether of t he same or different series, and a l t hough inc lud ing more t h a n one block) held by the same person, m a y be converted in to a homestead selection, subject to t he general provisions of t h e " Crown L a n d s A c t of 1895 " in t h a t behalf, and to t h e following provisions :—

(a)	Appl icat ion for conversion shal l be m a d e to t h e Minis te r in t h e prescr ibed form, and t h e convers ion shall be subject to
t he approval of t h e Minis te r .
(b)	If the land included in the application is the subject of any
mor tgage or charge , an appl icat ion by t h e mor tgagor shall
no t be valid w i t h o u t t he consent in wr i t ing of t he person

hav ing t h e mor tgage or charge .

(c)	The applicant shall be at the date of application, and shall have been for a t least six m o n t h s preceding t h a t date in bond-fide residence, wi th in t he m e a n i n g of section twen ty-
n ine of 'the " Crown Lands Act of 1 8 9 5 , " on t he land included

in his applicat ion.

(d)	No conditional purchase or conditional lease in respect of which a l iabil i ty to forfeiture has been incurred shall be converted into a homestead selection whi le t h a t l iabil i ty to
forfeiture cont inues .
(e)	I t shall be immate r i a l whe the r t h e land was wholly or in pa r t applied for before, or shal l be applied for after, t h e com­ m e n c e m e n t of th i s Act , or w h e t h e r in t h e case of a condi­ t ional purchase a certificate of due compliance Avith t h e con­ ditions appl icable has or has no t been issued: Provided t h a t no purchase or lease appl ied for since t h e first day of J a n u a r y , one thousand e ight h u n d r e d and eighty-five, shall be conver ted in to a homestead selection unless or u n t i l t h e appl icat ion for
such purchase or lease has been confirmed.
( f )	A n appl icat ion for conversion shal l no t be approved unless p a y m e n t has been made for such improvement s on t he land as are by any enac tmen t directed to be paid for.
(g)	The fact t h a t t h e area m a y exceed one thousand two h u n d r e d and e ighty acres shal l not be a ba r to conversion, provided t h a t t he area shall no t exceed one thousand t w o hund red a n d e igh ty acres in t h e Eas t e rn or two thousand five hund red a n d s ixty acres in a n y o ther Division unless t h e Minis te r (who m a y refer to t he Local L a n d Board for report) shall be satisfied t h a t a la rger area is necessary for t h e ma in t enance of a family.
(h)	After approval of conversion, the Governor may issue a homestead g ran t of the land.
(i) A l l moneys paid as in te res t on l and held unde r	condit ional

purchase , or as r e n t on land held unde r condit ional lease, shall be t a k e n to have been paid for t h e occupat ion or use of t h e land whi le t h e land was held unde r condit ional purchase or condi t ional l ease ; b u t all moneys paid by way of pu rchase

money

money on land held u n d e r condit ional purchase , and n o t applied, as in t he n e x t subsect ion ment ioned, towards t he p a y m e n t of in teres t as aforesaid, shal l be credi ted towards t h e r en t of the homestead selection.

(j)	In respect of any conditional purchase converted into a homestead selection, in teres t on the balance of purchase money owing on such condit ional purchase shall be paid u p to t he da te of t he issue of t he homestead gran t , b u t may be t aken (wholly or in pa r t ) ou t of any moneys paid by way of purchase money as aforesaid.
(k)	No twi ths t and ing any th ing in section seventeen of t h e " C r o w n Lands Ac t of 1895 " t he Governor shall have power from t ime to t ime to waive t h e condition of residence a t t ach ing to any homestead selection conver ted into such unde r t h e provisions of th i s A c t in a n y case where t he land is, a t t he date of commencemen t of th is Act , held bond fide by w a y of m o r t g a g e or securi ty : Provided t h a t no one waiver shall operate over a longer period t h a n one year, and du r ing the period of waiver t he a n n u a l r e n t shall he th ree and a half ins tead of two and a half per c e n t u m per a n n u m of t he capi tal va lue of t he land.
(l)	U p o n the forfeiture to t h e Crown of any land he ld under a homes tead g ran t issued under t he provisions of th i s section in any case where a t t he da te of appl ica t ion for conversion t h e land was held by way of mor tgage or secur i ty , t he Governor may , for any reason which he m a y deem sufficient, g ran t t enan t r igh t in t he improvements on such land to t h e last holder of t h e mor tgage or securi ty.

7. (I) The a n n u a l ren t of t he homestead selection from the da te of issue of t he g ran t shall be two and one-half per c e n t u m of t h e capi ta l va lue of t he homestead selection.

(II) Such capi tal va lue for the first ten year period which shal l

commence from the da te of issue of t he g ran t shall be t aken to be—•

(a)	in the case of a condit ional purchase (whether a res ident ia l or a non-res ident ia l condit ional purchase not be ing wi th in a special area) one pound per acre ;
(b)	in the case of a conditional purchase within a special area, a t the price of t he condit ional purchase ;

(c)	in the case of a conditional lease, the sum represented by
capital is ing t he a n n u a l ren t of the lease on a two and a half
per c e n t u m bas i s ;

or, if t h e app l ican t m a k e request in his appl ica t ion for an appraise­

men t , or a t t he direction of t h e Minis ter , t h e capi tal va lue of t he whole land included in t he appl icat ion shall be de termined by appraise­ m e n t ; and any such appra isement shall , so far as procedure is concerned, be subject to the provisions of section six of t h e " Crown

Lands A c t of 1 8 8 9 " :

Provided t h a t no appra isement shall be made of land which has been appraised wi th in the previous two years.

8. The Governor m a y exercise for t h e purposes of th is Ac t any power of m a k i n g regulat ions conferred upon h im unde r t he " Crown

L a n d s A c t of 1884" or t he " Crown Lands A c t of 1889 ."

No . I I I .