| unde r t he " Crown L a n d s A c t of 1 8 8 4 " [here inaf ter t e rmed t h e Pr inc ipa l A c t ] were open to subsequent condi t ional purchase and condi t ional lease unde r t he las t -ment ioned A c t a l t h o u g h prior to the notification of forfei ture such lands were inc luded wi th in t h e boun daries of leasehold areas A n d whereas i t has been decided by t h e Supreme Cour t t h a t such lands can no t be again condi t ional ly purchased u n d e r t h e Pr inc ipa l A c t i na smuch as t he same are exempt | from |
No. XXXIV.
An Act to Validate certain Conditional Pur
chases and Leases. [18th May, 1887.]
| WH E R E A S | under t h e " Crown Lands Al iena t ion Ac t of 1861 " t he " Lands |
| it has been | held t h a t | lands condi t ional ly purchased |
| Acts | A m e n d m e n t | Ac t | of | 1875 " | and | t h e | " L a n d s | Acts | fu r the r |
| A m e n d m e n t | Ac t | 1880 " wh ich | by | reason | of | non-compl iance | w i t h |
| t h e condi t ions had become forfeited toge ther | w i th | the | p re -empt ive |
| leases g ran ted unde r t h e said Acts | or condi t ional leases granted |
| from condit ional purchase under section twen ty -one sub-sect ion | (III) |
| thereof | A n d whereas doubts have arisen as to t h e val idi ty of con |
| di t ional leases g ran ted in cer ta in cases unde r section fifty-two of | t he |
| Pr inc ipa l | A c t and as to whe the r | appl icat ions | for condi t ional | leases |
| u n d e r the fifty-fourth | section | of | t he Pr inc ipa l A c t made pr ior to | t h e |
division of a r un could be legally granted out of the leasehold area A n d whereas i t is expedient t h a t condi t ional purchases and condit ional leases of lands the t i t le to which migh t be affected by t h e said decision or for o ther reasons herein ment ioned should he val idated as hereinafter provided Be it therefore enacted by the Queen ' s Mos t Exce l l en t Majesty by and wi th t h e advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by t h e au thor i ty of t he same as follows :—
| 1. | No twi th s t and ing | a n y t h i n g | in | section | twen ty -one | sub-section |
(III) of the Pr inc ipa l Act where any land conditionally purchased u n d e r t he Acts in force prior to t he pass ing of such Pr incipal Ac t is s i tuated whol ly or pa r t ly within t h e boundar ies of a leasehold area notified u n d e r section seventy-six of t he said A c t and such land has after t he date of notification of such area been forfeited for some breach of condit ions no condi t ional purchase of such land heretofore made under the Pr inc ipa l Act shall be deemed to have been inval id by reason only t h a t the whole or some port ion of such land was s i tua ted wi th in the boundar ies of such leasehold area A n d for the purposes of this section t he expression " land condit ional ly purchased" shal l be held to
| inc lude all land held in v i r tue of such land and forfeited | the rewi th . |
2. No condit ional lease of Crown Land heretofore appl ied for unde r t he for ty-e ighth section of t h e Pr inc ipa l A c t shall be held in any of t he cases here inaf ter specified to have been inval id by reason only t h a t the land as and when applied for was s i tuated whol ly or par t ly wi th in t he boundar ies of any leasehold a r ea—tha t is to say—
| (I) W h e r e t h e land applied for as a condit ional lease was a t | t he |
da te of appl icat ion inc luded whol ly or pa r t ly in a condit ional purchase which had been forfeited after t h e date of t h e not i fication of t he leasehold area wi th in t h e boundar ies of which such condit ional purchase was si tuated.
| (II) W h e r e t h e land applied for as a condi t ional lease was a t | t he |
da te of appl icat ion inc luded whol ly or pa r t ly in a condit ional lease which had been forfeited after t he date of the notification of t h e leasehold area wi th in the boundar ies of which such
| condit ional lease was | s i tuated. |
| (III) W h e r e t he land applied for as a condi t ional lease was a t the da te of appl ica t ion included wholly or pa r t ly in a pre-empt ive lease to which a r i gh t of conversion in to a condit ional lease a t tached and was lawful ly claimed b u t which pre-empt ive lease h a d been forfeited after t he date of the notification of the leasehold area w i th in t h e boundar ies of which such pre |
| empt ive lease was | s i tuated. |
| 3 . N o condit ional lease applied for unde r the | fifty-second |
section of t h e Pr inc ipa l A c t shal l be held to have been invalid by reason only t h a t t he land comprised wi th in such lease was not available for p re -empt ive lease a t t he date of t he g r a n t thereof or for condit ional lease in the form appl ied for or as g ran ted b u t in every such case t h e lease as now or hereafter surveyed and char ted and approved of by t he Minis ter for Lands or any modification thereof to be so approved shall be deemed to be and to have been the land law fully available for such lease.
4. N o applicat ion for a condit ional lease applied for u n d e r the
| fifty-fourth | section of t h e Pr inc ipa l A c t shall be held to have been |
invalid
inval id by reason only t h a t t he land applied for had pr ior to such appl ica t ion be ing finally deal t w i th been included wi th in a leasehold area or t he boundaries of such leasehold area.
| 5. N o t h i n g | in th i s A c t | shall affect | a n y cause of | act ion | in |
respect of which proceedings have been commenced in any Cour t prior to t he first day of J a n u a r y in t he year one thousand e igh t h u n d r e d a n d eighty-seven.
| 6. This A c t m a y be cited as t h e " Condi t ional Purchases | a n d |
| Leases Val ida t ion A c t | of | 1887 . " |