Crown Lands Act Amendment Act 1903 (NSW)

Act No. 15, 1903.

An Act to amend the Crown Lands Acts so as to provide for granting increased areas to present holders ; permitting a present holder to sell to another; for the reduction of interest on unpaid balances and the issue of certificates in certain cases; to alter the present conditions of residence on, and selling, exchanging, and leasing lands ; to alter the present system of balloting; to defer payments and provide for family holdings and the right of parents to assist their children ; to provide for the conversion and extension of settlement leases and annual leases; and for other purposes. [5th December, 1903.]

and shall apply only to t he Eas t e rn and Centra l Divisions.
Assembly of New South Wales in Pa r l i amen t assembled, and by the t h e advice and consent of the Legislat ive Council and Legislat ive au tho r i t y of t he same, as follows :—•	BE it enacted by the

K i n g ' s Most Exce l len t Majesty, by a n d wi th

1.    This Act may be cited as the " Crown L a n d s Ac t A m e n d m e n t

Act , 1 9 0 3 , " and shall be read and construed wi th t he Pr inc ipa l Ac t s ,

2.        Pr inc ipa l Acts " means t he Crown Lands A c t of 1881, the

Crown Lands Act , 1881), and t h e Crown Lands Act , 1895, toge ther

wi th the Acts a m e n d i n g the same.

Additional conditional purchases, homestead selections, or settlement

or conditional leases.

3. The holder of—

any homestead selection ; or

any se t t lement l ease ; or

any original condit ional purchase , o ther t h a n the holder of a non­ residential condit ional purchase ;

may m a k e applicat ion as prescribed, and accompanied by such provisional deposit as may be prescribed, for addi t ional land, to be he ld by h im as an addit ional holding under the same class of t enu re (except t ha t t he holder of an original or addi t ional condit ional purchase may apply for a condit ional lease, subject to the l imi ta t ion of section twenty-s ix of the Crown Lands A c t of 18S9), as t h a t under which he holds the land by v i r tue of which he applies—•

(a)	Subject to the provisions of section four of this Act, land shall be available for the purpose of any such appl ica t ion which is available for homestead selection or se t t l ement lease, or condit ional purchase or condit ional lease, whe ther specifically set apar t for the class of holding applied for or not .
(h)	Not more than one application shall be made by virtue of the same condit ional purchase selection or lease, unless and un t i l any previous appl icat ion or all previous applicat ions unde r this sect ion have been disposed of, unless the to ta l area applied for (when taken wi th t he area of all condi t ional purchases or condit ional leases of the series) does no t exceed the
m a x i m u m area prescribed by t h e Pr inc ipa l Acts ,
(c)	The mere fact that the land applied for does not adjoin the

original condi t ional purchase or any purchase or lease of the

series, or the original homestead selection or se t t l ement lease,

shall not be a bar to t he addit ional purchase , homestead
selection or lease applied for.

Al l available land adjoining the original or prior addi t ional purchases or leases of t he series, or t he original homestead selection or se t t lement lease, shall first be exhaus ted , and the lands applied for or al lotted shall be, in the opinion of t he board, wi th in a reasonable work ing distance of the land by v i r tue of which t h e appl icat ion is made :

Provided t h a t the board may confirm any appl icat ion
made under t h e provisions of th is section, a l t hough all
t he avai lable land adjoining t h e original or pr ior addi t ional

purchases

purchases or leases of t he series, or the or iginal homestead selection or se t t lement lease, lias not been exhaus ted , if, in the opinion of such hoard the facts of the cast; w a r r a n t it .

The board may disallow any applicat ion if of opinion t h a t the appl icant is seeking to t ake an unfair advan tage of t he provisions of this section,

(d) The board shad inquire into the merits of every application under this section, and may disallow such applicat ion or confirm it for such an area and in such a position (whe the r different from that applied for or not) as such board may, with the consent el' the appl icant , de termine , no twi ths t and ing t h a t t he area confirmed may, by itself or with the area of the original condit ional purchase , homestead selection, or se t t lement lease, or condit ional purchases or leases of t he series, exceed the m a x i m u m area prescribed by the Pr inc ipa l Acts .

The board shall not confirm any appl icat ion unde r t he provisions of th is section for any area which, shall toge ther with all o ther lands held by the appl icant under whatever t enu re (other than annua l t enu re ) , exceed such an area as, in t he opinion of t he board, is sufficient for the ma in tenance of his Lome thereon in average seasons and c i rcumstances .

W h e r e two or more persons s imul taneous ly apply for

the same land the board may confirm the appl icat ion of each or e i ther app l ican t as to pa r t of t he land applied for, and shall, as far as pract icable , give preference to the appl icant whose land adjoins, or is neares t to, t he land applied for, b u t shall not be compelled to give such preference if of opinion tha t such appl icant is less in need of addi t ional land t h a n an appl icant whose land does not adjoin, or is not neares t to, t he land applied for.

(c) Excep t as hereinafter provided, an applicat ion unde r th i s	section shall not, unless and un t i l confirmed, give the appl ican t	any r ight to use or occupy the land applied for, nor affect any
lease or license under which the land may be held, b u t every such applicat ion shall give the applicant , pending tin; disposal of his applicat ion, a preferent claim to the land over any appl icant for any original holding who may s imul taneous ly or subsequent ly apply for tin; same land under any provisions of the Pr inc ipa l Acts or section e igh teen of this Ac t . T h e t i t le to the land included in t he s imul taneous or subsequent application for the original holding, and the effect of such
application, shall in t he m e a n t i m e he suspended.
U p o n the confirmation of an appl icat ion ( the effect of which has not been to immedia te ly wi thdraw the land applied

for

For from any a n n u a l lease or occupat ion l icense), t h e land

al lot ted by the board shall be deemed to be w i thd rawn from any annua l lease or occupation license under which it may be held, and the t i t le to the addi t ional purchase selection or to the lease shall t he reupon commence.

I n t he case of an addit ional condit ional purchase; or a condit ional lease, t he area of which (when t a k e n with the area of t he purchases and leases of the series) does not exceed the m a x i m u m area prescribed by the Pr inc ipa l Acts , t h e t i t le to the land shall commence from the da te of applicat ion, if valid, and the appl icat ion shall wi thdraw such of the lands therein described as may be available for t he purpose from any annua l lease or occupation license unde r which they may be held.

I n the case of an addi t ional se t t l ement lease or a condit ional lease t he rent of t he land, if i t has no t been de te rmined a n d notified prior to the da te of appl icat ion, shall , for the first period of t he lease, be de termined in accordance wi th the provisions of section six of t he Crown Lands A c t of 1889.
I n the case of a condit ional purchase t he price or, in the case of a homestead selection, the capital va lue of the land shall, if not notified prior to the date of appl icat ion, be de te rmined in accordance wi th t h a t section. The deposit payable on any such condi t ional purchase shall be ten per cen tum, and t h e annua l ins ta lments shal l be five per c en tum, of the value of t h e land as so determined, and every instal­ m e n t except the first shall be deemed to include in teres t a t the ra te of two and one half per c e n t u m per a n n u m on the balance of flu; purchase money. The provisional deposit shall be applied in p a y m e n t of the deposit of t en per c en tum, and any excess shall be r e tu rned to t h e a p p l i c a n t ; and if t h e provisional deposit is less t h a n the deposit of ten per cen tum,

the appl ican t shall pay tin; a m o u n t requi red to comple te the

deposit wi th in one month after the value of the land applied

for has been determined,

(f)	The general provisions and conditions of the Principal Acts shall app ly to every purchase selection or lease unde r th is sec t ion; except t h a t the condit ion of residence a t t ached to t he original and addit ional holdings may be fulfilled on one of such holdings. The board may a t t ach any of t he prescribed
conditions to any addit ional homestead selection or se t t l ement

lease: Provided t h a t no appl ica t ion unde r th is section shall be enter ta ined from t h e t ransferee of an original condit ional purchase unless such app l ican t be in residence on his holding for six m o n t h s immediate ly prior to his applicat ion, unless

t he

t he local land hoard find that t he appl icant was forced to discont inue his residence unde r adverse condit ions beyond

his	control .
(g)	Original and additional homestead selections or settlement leases shall be deemed to be one holding, and shal l no t be t ransferred apa r t or held separately.
(h)	The board may impose a penalty for the withdrawal or disallow­ ance of any applicat ion by re ta in ing the whole or such portion of t he provisional deposit money as may af ter due inqu i ry seem justifiable.

(i) The provisions of th is section shall not apply to an addi t ional condi t ional purchase if made out of a condit ional lease held before the passing of this Act , bu t save as aforesaid shall ex tend to and govern all addit ional condi t ional purchases or condit ional leases applied for after the passing of this Act .

(j) Sections twelve and seventeen of the Crown Lands (Amend­ ment ) Act , 1899, are hereby repealed.

Lauds set apart for additional conditional purchase, SfC.

4. No twi ths t and ing a n y t h i n g to t he cont rary in the P r inc ipa l

Acts , t h e Minis te r may, by notification in the Gazet te , set apa r t areas (to become available on and after such dates as may be specified) for addi t ional condi t ional purchases or condit ional leases, or addi t ional homestead selections or addi t ional se t t lement leases (whether for one or more of such addi t ional holdings) , a t such ren ts , capi ta l values, or prices whe the r above, below, or a t one pound pe r acre, as m a y be specified in t he notification aforesaid, and may in a similar m a n n e r set apa r t areas for any original holdings to the exclusion of any or all of t he addi t ional holdings herein ment ioned.

The Minis te r m a y amend or revoke, wholly or in par t , any notification unde r this section by notification in t he Gaze t te .

Settlement leases.

5.    A n y se t t l ement lease appl ied for after the passing of th i s A c t

shall have a t e r m of forty years. Such t e rm shal l be divided into four

periods each of ten years . The annua l r en t of t h e first period shal l (subject to t h e provisions of section th ree of th i s Act as far as regards addi t ional leases) be notified by the Minis ter before the l and is m a d e available for lease, a n d the lessee may, if dissatisfied wi th t he a m o u n t so notified, wi th in t h r ee m o n t h s requi re t he said ren t to be de te rmined under section six of t h e Crown Lands A c t of 1889, and the a n n u a l r en t for each succeeding period may, on the appl ica t ion of t he lessee, or on a reference by the Minis ter , be separate ly de te rmined in accordance wi th the provisions of section six of t h e Crown Lands A c t

of 1889. The

The holder of any se t t l ement lease applied for before the pass ing of this A c t shall, on appl icat ion as prescribed, have the t e r m of his lease ex tended under the provisions of th is section ; and in a n y such case t he t e r m of forty years shall be held to have commenced when the lease commenced .

The ren t for each period commencing after t h e date of appl i ­ cation u n d e r th i s section shall be separately de termined as aforesaid, b u t t he unexp i red portion of any period cur ren t a t t h e da te of such appl ica t ion shall , if it does not exceed five years, be joined wi th t h e period n e x t succeeding, and the annua l r en t de termined for the combined period.
If t he unexp i red por t ion of the period exceeds five years, t he a n n u a l r en t for such unexpi red period shall be appraised as for a separate period.

W h e r e any se t t lement lease applied for before the commence­

m e n t of this Act , and not b rough t under t he provisions of this section, is t ransferred or comes, o ther t h a n by way of bona fide m o r t g a g e , in to t he possession of any person other t h a n the owner thereof at t he c o m m e n c e m e n t of this Act, the r en t payable for t h e unexp i r ed t e r m of the lease shall be de te rmined in accordance wi th t h e provisions of section six of the Crown L a n d s A c t of 1889, provided t h a t the provision of th is section shal l no t apply to a lease which m a y come into the possession of any person t h r o u g h the death or lunacy of t h e holder thereof.

So m u c h of t h e Pr inc ipa l Ac ts as prescribe t h a t t he a n n u a l

r en t of a se t t l ement lease shal l be one and one quar te r per c e n t u m of t he capi ta l va lue of t he land is hereby repealed so far as regards se t t lement leases which come u n d e r t he provisions of th is section.

Conditional leases.

6. A n y condit ional lease applied for after t he passing of this A c t shall have a t e r m of forty years . Such t e r m shall be divided in to

four periods each of ten years . The annua l r en t for each period may , on the appl icat ion of t he lessee or on a reference by the Minis ter , be separately de termined in accordance with the provisions of section six; of the Crown L a n d s Act of 1889.

' t he holder of any condit ional lease applied for before the pass ing of this Act shall, on appl icat ion as prescribed, have the t e r m of his lease extended under the provisions of this sec t ion ; and in any such case the t e rm of forty years shall be held to have commenced when the lease commenced.

The r en t for each period commenc ing after t he da te of appl i ­

cat ion under this section shall be separately de termined as aforesaid, b u t t he unexpi red port ion of any period cu r ren t a t the da te of such

applicat ion

appl icat ion shall, if i t does not exceed five years, be jo ined wi th t h e period n e x t succeeding', and the annua l ren t de termined for t he combined period.

If the unexpi red port ion of t he period exceeds five years , t h e annua l ren t for such unexpi red period shall be appraised as for a separate period.

Rent of homestead selections.

7. The holder of any homestead selection applied for before;

or after the commencemen t of this Ac t , where the g r a n t of such homestead selection has not issued, shall from and after the expira t ion of t he first six years of such selection pay an annua l ren t of two and a half per c e n t u m of t he capital va lue of t he selection.

Transfers of conditional purchases.

8. Notwithstanding; a n y t h i n g contained in section twen ty-n ine

of t he A c t of 1895, if any condit ional purchase r shal l die or be declared a luna t i c or become an insane pa t ien t before the issue of the first certificate on his condi t ional purchase , such conditional purchase; may be t ransferred to his representat ives or the i r assigns, b u t may not be again transferred except in similar c i rcumstances u n t i l after such certificate has been issued. A n d upon any sale, t ransfer , or disposition of the estate; or in teres t of any condit ional purchaser , as provided in section one hund red and twenty-five of the Crown L a n d s A c t of 1884, such conditional purchase may be t ransferred to t he purchaser in like m a n n e r before the issue of the first certificate on the condit ional purchase , b u t may not be again t ransferred, except in similar c i rcum­ stances, un t i l after such certificate has been issued.

9. N o t w i t h s t a n d i n g a n y t h i n g hereinbefore contained, the

Minis te r may , upon appl icat ion being made to h im in t he prescribed

form, g ran t a reappraisement of r en t of any improvement lease to any

Crown t enan t who shall lodge such applicat ion, together wi th a deposit

of t en pounds to cover the expenses of inquiry and report by the local

land board upon such applicat ion.	But no such reappra i sement shal l
reduce t he rent below the price at which the land was offered.	A n d
no lease shal l be reappraised more than once.	This section shall not
apply to leases hereafter granted.

Devolution of holder's interest.

10. If any holder of a homestead selection or any lease of land

under t h e Crown L a n d s Acts dies or is declared a lunat ic , his in teres t in such land may be held by Ids representative's, subject to t h e fulfi lment by t h e m of all unfulfilled conditions except t he condi t ion of residence (if any such condit ion of residence a t taches to the holding) in t rus t for the benefit of t he persons ent i t led : Provided that such

representat ives

representa t ives shall , where a condition of residence a t taches to the holding', ei ther sell and assign the lessee's or selector's interest in the land to a bona fide purchaser wi th in twelve mon ths from the da te of the i r becoming ent i t led to possession hereunder , or else wi th t he approval of t h e Minister , and for such t ime as he may permit , appoint a person as the i r nominee to reside upon the land.

Transfer and exchange of holdings.

11 . (1) The holder of any condit ional purchase or homestead

selection or se t t lement lease may, subject to the approval of t he board and subject to such board being of opinion tha t such holder does not hold an area which added to the area proposed to be acquired is more t h a n sufficient to main ta in his home thereon, acquire by transfer one or more condit ional purchases (a l though a condit ion of residence a t taches there to) or homestead selections or se t t lement leases as addi t ional selections or leases, and in any such case, the condi t ion of residence a t tached to t he original and addi t ional holdings m a y be fulfilled on any one of such holdings .

(2) Holders of condit ional purchases , condi t ional leases,

se t t l ement leases, or homestead selections or g ran t s may, subjec t to t he approval of the Minis ter upon the recommendat ion of the board, acqui re by exchange por t ions of land held unde r condit ional purchase or condit ional or se t t l ement lease or homestead selection or g ran t by adjoining holders, and t h e condit ion of residence a t t ach ing to any such por t ion m a y be fulfilled by residence; on t he holding to which such port ion has by the exchange become a t tached .

(3) Tin; lands to be acqui red by transfer unde r this sect ion shal l be of t he same t enure as the lands in v i r tue of which t hey are so a c q u i r e d ; and lands shall only be exchanged unde r t he preceding subsect ions for lands of ident ical t enure .

(4) In order to complete an exchange of condit ional ly

purchased or condit ionally leased land for Crown lands, it shall no t be

in to freehold or conditionally purchased land. necessary for the purchaser or lessee of such land to conver t the same Possession by mortgagee or execution creditor.

12. A n y mor tgagee who has under t he powers of the mor tgage

submi t t ed any homestead selection, or se t t lement lease, or area consis t ing of land of both tenures , for sale by publ ic auct ion, and any execut ion creditor who has seized under process of any cour t any such selection, lease, or area, if the mor tgagor ' s or debtor 's interest in t he land is no t then sold to a bona fide purchaser , may , in t he prescribed manne r , go into possession of the land, and the condit ion of residence

shall,

shall , for a period of twelve m o n t h s after t he c o m m e n c e m e n t of such possession, or for such fu r the r period as m a y he approved by t h e Minis ter , he deemed to be fulfilled, if a nominee of such mor tgagee or creditor, to be approved by t h e local land board, resides u p o n the land. The mor tgagee or creditor shall, w i th in such period or f u r t he r period, sell the mor tgagor ' s or debtor ' s interest in t he land to a bona fide purchaser , who thereaf ter shall be subject to all conditions affecting t he original holder, and in defaul t of such sale the ho ld ing or holdings shall he forfeited : Provided t h a t before any person shall t ake advantage of this section he shall regis ter a t t h e local lands office t he total a m o u n t of his m o r t g a g e or j u d g m e n t debt and o ther par t icu la rs as prescribed, and any person m a y thereaf te r prior to such forfei ture as aforesaid apply to t he local land board to purchase t h e said hold ing for the a m o u n t of such debt , and the board m a y g r a n t such appl icat ion, and upon p a y m e n t to t h e 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 the appl icant shall become the holder of such land free of such debt , b u t subject to all unfulfil led condit ions a t t ach ing to such land : Provided also, t h a t no mor tgagee or j u d g m e n t creditor shall t ake proceedings he reunde r un t i l two years after t he passing of th is Act , and no such proceedings shall hereafter be t aken unless the mor tgagor has been in defaul t for one vear, or in t he case of an execut ion creditor un t i l one year after j u d g m e n t has been signed : Provided fur ther , t ha t th is section shall no t in any way abroga te the provisions of section twen ty - th ree of the Crown Lands A c t of 1895.

Reduction of purchase money of conditional purchases under the

repealed Act,

13. W h e r e any conditional purchase (other t h a n a min ing

condit ional purchase) m a d e under t he provisions of t h e Crown Lands Alienat ion A c t of 1861 , and not b r o u g h t in respect of p a y m e n t under

the provisions of t he Lands Acts A m e n d m e n t Ac t , 1875, or t he Crown

Lands A c t F u r t h e r A m e n d m e n t Act , 1880, or t he Crown Lands Ac t of

188f, is, after the pass ing of this Act , b r o u g h t u n d e r t he ins t a lmen t

system u n d e r t he provisions of t he las t -ment ioned Ac t , t he balance of purchase money on such condit ional purchase shall be reduced by an a m o u n t equal to one-fifth of the total a m o u n t of in teres t (exclusive of fines) paid on such balance of purchase money between the date of c o m m e n c e m e n t of t he purchase and t h e date from which the conversion of such purchase unde r t he i n s t a l m e n t system takes effect; and the ba lance of purchase money as so reduced shal l be accepted as t h e balance of purchase money t h e n due and payable on such condit ional purchase . Conversion shall t ake effect from t h e first day of J a n u a r y of t he year du r ing which appl icat ion to conver t is made if such appl icat ion is made du r ing the first six m o n t h s of t he year, b u t otherwise

shal l

shal l t ake effect from the first day of J a n u a r y of t he succeeding year. The provisions of this section shal l not apply to any condit ional purchase unless b rough t under t he ins ta lment system wi th in two years after t h e passing of this Act , and shall in any case apply only to so m u c h of t h e area held by any one holder as the board may find to be sufficient to ma in t a in t he home of such holder, and the board in the i r de terminat ion of this m a t t e r shall t ake into considerat ion the n u m b e r of persons who are to be main ta ined upon or by means of such land and shall apply only in cases where t h e holder has resided cont inuously on some pa r t of such l and for two years immedia te ly preceding the passing of this A c t : Provided t h a t the Board may waive such condit ion of residence in any case where it is satisfied t h a t t he land is held and used bona tide for the ma in t enance of t he holder and his family.

Pale of interest on conditional purchases,

14, After the passing of this Act , t he ra te of interest payable on

the balance of purchase money on any condi t ional purchase (other t h a n a m i n i n g condit ional pu rchase ) , whe the r applied for before or after the passing of this Act , shall (if the balance of purchase money is payable by a n n u a l ins ta lments ) be two a n d one half per c e n t u m per a n n u m , instead of four per c e n t u m per a n n u m :. Provided t h a t in te res t shall no t be computed a t the lower ra te except where i t commences to accrue for a full year of t he purchase after t he thir ty-f irs t day of December , one thousand n ine hundred and two, and shal l be charged a t the original ra te where i t has commenced to accrue before the first day of J a n u a r y , one thousand nine hundred and th ree , for such year of t h e purchase as may be cu r r en t at t h e passing of this Act .
This section shall in any case, as to condi t ional purchases held
a t the pass ing of this Act , apply only to so m u c h of t he area held by

a n y o n e holder as the board m a y find to be sufficient to ma in t a in t he

home of such holder, and the board in the i r de terminat ion of this
m a t t e r shall t ake in to considerat ion t he n u m b e r of persons who are to

be main ta ined upon or by means of such land and shall apply only in cases where the holder has for two years immedia te ly before such date cont inuously resided on some pa r t of such area or on a condit ional purchase or condit ional lease of the same scries :

Provided t h a t t he board may waive such condit ion of residence

in any case where it is satisfied t h a t the land is held and used bona fide for t he ma in tenance of t he holder and his family. I n any case where the ra te of in teres t is reduced to two and one half per c e n t u m as well as in respect of all condit ional purchases hereafter to be made t h e a n n u a l paymen t may be made at t he ra te of n ine pence per acre

pe r a n n u m .

E Payments

Payments may he deferred.

15. The Minis te r may, a t a n y t ime, defer the p a y m e n t of any

a m o u n t due , or to become	due, w i th in twelve mon ths from the da te of
t h e appl icat ion, on any holding u n d e r t he Crown Lands Acts for	any
period not exceeding five years .	A n y payment so deferred shall bear

in teres t a t t he ra te of five per c e n t u m per a n n u m from the date i t

became due un t i l it is p a i d ;	and such interest shall , if the Minis te r so
directs , be payable on such dates as he may de te rmine .	The Minis te r

m a y allow the deferred a m o u n t s to be repaid by annua l ins ta lments ,

wi th in teres t a t t he ra te ment ioned in this section. No th ing in this section shall prevent t he p a y m e n t of any amoun t before it becomes due.

Parents may assist children to acquire land.

16. The board shall not disallow an appl icat ion for any holding under t h e Pr incipal Ac ts or th i s Ac t as not hav ing been made in good faith mere ly because the appl ican t has been or is to be financially assisted in connect ion wi th such hold ing by a pa ren t of such appl ican t .

Married w o m e n may acquire land.

17. Any marr ied woman ( the provisions of t he Pr inc ipa l Acts to the contrary no twi ths tand ing) may , w i th t he consent of the Minister , ou t of moneys be longing to he r for her separate use , acquire by purchase or otherwise o the r t h a n by an original appl ica t ion a condit ional purchase , condi t ional lease, homestead selection, or se t t lement lease, and she shall have the same power of deal ing with and disposing of t he same both a t law and in equi ty as if she were a femme sole, and it shall be a sufficient compl iance with t he Pr inc ipa l Acts , so far as residence is concerned, if she shall reside upon any condit ional purchase , condit ional lease, homestead selection, or se t t l ement lease

residence on any condit ional purchase , condi t ional lease, homestead	held by her husband ; or he r h u s b a n d may fulfil the condit ion of
selection, or se t t l ement lease held by himself or any hold ing held by his wife unde r this section. I n e i ther case not ice as prescribed shall be forwarded to the cha i rman of t h e local land hoard of the in tent ion so to reside.

Leases to outgoing pastoral lessees.

18. The registered holder or person ent i t led to the equi ty of redempt ion of any pastoral lease, preferent ia l occupat ion license, or occupation license m a y apply for a lease of an area not exceeding one- th i rd of t h e total area of t h e land comprised wi th in t he lease or

l icense

l icense or lease and license a t t h e da te of expira t ion of the pastoral lease, and the Minis te r shall t he r eupon refer such appl ica t ion To the local land board for repor t as to the area of and class of all leases held by t h e appl icant or on his behalf, and as to whe the r t he whole or any par t of the land comprised in such applicat ion is suitable; for closer se t t l ement or to enable present holders not hav ing a l iving area to add to thei r holdings.

The Governor may, upon a repor t from the board recommending such lease, g r an t such applicat ion, e i ther whol ly or in par t , for

a period no t exceeding twen ty -e igh t years, subject to t he ren t

condi t ions of improvemen t and wi thdrawa l for se t t l ement named in such reference, or such o ther ren t and conditions as the Governor m a y de te rmine .

N o lease shall be g ran ted unde r th is section of any land in respect of which an earlier or s imul taneous appl icat ion unde r	section
th ree of th is A c t is pending .

A re turn of every such lease g ran ted shal l be laid before P a r l i a m e n t if in session wi th in one m o n t h from date of the g ran t ing of the same or otherwise within one m o n t h after t he commencemen t of the n e x t ensu ing session.

N o extens ion of any such lease or license held by way of mor t ­ gage on or since t he first day of J a n u a r y , one thousand n ine hundred and three , shal l be g ran ted unless and u n t i l a common agreement shall have been arrived a t be tween the mor tgagor , t he mor tgagee , and t h e Minis ter as to any ad jus tment or otherwise of the m o r t g a g e debt and as to the t e rms and conditions to be entered into by such mor tgago r and mor tgagee in respect of such d e b t ; and for the purposes of th is section tin; Minis ter shal l be; ent i t led to inspect or cause to be; inspected on his behalf all or any books of account , mor t ­ gages, deeds, securities, conveyances, agreements or a n y elocumcnts or i n s t r u m e n t s re la t ing to the said debt or t he secur i ty therefor. The1

acceptance* of a n y such extended leases by any nmrtgagee and

mor tgagor shall have t he effect of d ischarging the mor tgage debt in
connect ion wi th such lease or other secur i ty worked in	conjunct ion
the rewi th to t he ex ten t determined upon in the common	agreement
referred to.	The; mortgage's and o ther ins t ruments by which the'

repayment of the; debt is secured shall have endorsed thereon the par t icu la rs of such agreement and all part ies there to shall be bound b y such a g r e e m e n t : Provided tha t t he area which m a y be granted u n d e r the provisions of th is section shall be inclusive 1 of all lands previously g ran ted on such hold ing to the; app l ican t under improvement

lease condit ions.	A n y lease1 under this section shall be deemed to be
a lease for pas tora l purposes wi th in the mean ing of the Acts	re la t ing
to	min ing .

Family

Family selections.

19. I n any case where two or more holdings s i tua ted wi th in work ing distance are held ei ther u n d e r condit ional purchase (whe ther fully paid u p or o therwise) , condit ional lease, homestead selection, or se t t lement lease by members of one family, bona fide in the i r own separate interests , any condit ion of residence required to be performed by t h e m in respect of their holdings shall be deemed to have been duly performed if such residence is carr ied out on any por t ion of t h e

lands so held :  Provided tha t t he consent of t he local land board shall

have been obtained in t he prescribed manner .

Ballots.

20.    Section six of the Crown Lands ( A m e n d m e n t ) Act of 1899,

is (except as to t he repeals in t he first c lause thereof) hereby repealed.

W h e n any appl icat ions s imul taneous ly made for original

holdings are conflicting, whe the r severally or collectively, t he l and agen t shall de te rmine by ballot in the prescribed m a n n e r the pr ior i ty of such applicat ions, and t h e local land board shall deal with t he appl icat ion which has gained priori ty in t he ballot.

Where t he land agen t has omi t ted to hold a ballot , or has held a ballot b u t not in the prescribed manne r , the local land board may direct t he land agent to hold a ballot or a fresh ballot , as t he case may b e : Provided tha t if the appl icat ion which by the first or any subsequen t ballot is de te rmined to have priority is w i t h d r a w n or disallowed a fresh bal lot shall be held in every such case to de te rmine t he pr ior i ty of those appl icat ions which remain and were included in t he previous ballot.

The board may impose a penal ty for the wi thdrawal or disallow­ ance of any appl icat ion by re ta in ing the whole or such port ion of t h e deposit money as may after due inqu i ry seem justifiable, and may a t its discretion disqualify such appl icant from m a k i n g any fresh applica­

tion for a period to be de te rmined by such board.

Appl ica t ions for condit ional purchases and condit ional leases of
the same series shall , for t h e purposes of any ballot , be deemed to form

together a single appl icat ion for the whole of t he land described in t h e

said appl icat ions t aken together .

Residential leases.

21 . Subject to the provisions of section forty-eight of the

Crown Lands Act of 1889, and section fifty of the Crown Lands A c t of 1895, any holder of a residential lease not exceeding n ine teen acres m a y m a k e addi t ional residential leases adjoining the original or a n y prior addit ional residential lease or may acquire by purchase or other­ wise any residential lease so adjoining : Provided tha t the original and

any

any addi t ional residential leases do not exceed in t he whole t w e n t y acres. Residence may be carried out on any par t of t he land under lease. The t e r m of any residential lease (whether applied for before or after t he commencemen t of th is Act) may be fixed for, or ex tended to, any

t e r m not exceeding twen ty -e igh t years :

Provided fur ther that any residential holder of an area whe the r freehold or otherwise on a gold-field m a y obta in a residential lease, subject to the approval of the board, of an area "which when t a k e n with t he area he already holds on such gold-field does not exceed t w e n t y acres. The condit ion of residence a t t ached to t he lease may be fulfilled on the lease or on the land on which he has a l ready been residing.

Homestead selections or settlement leases may be acquired before

survey.

22. No twi th s t and ing the provisions of the Pr inc ipa l Acts , land

may be made available for homestead selection or se t t l ement lease before t he blocks or farms are measured ; b u t any block or farm shall be t aken according to any published plan or design thereof. After survey any necessary ad jus tment of area or ren t shall be made, a n d any roads deemed to be necessary may be reserved or exc luded in t he m e a s u r e m e n t of any block or farm. Any ren t due for any excess of area, or o ther moneys due, shall be paid wi thin such period as t h e Minis te r m a y allow, and if not so paid, the homestead selection or se t t l ement lease shal l be liable to forfeiture : Provided also t h a t in cases of exis t ing holdings t he Minis ter may m a k e any minor var ia t ion of t he exis t ing design or survey of such holding to enable a bet ter boundary to be secured for fencing or other purposes.

Annual leases.

23. A n a n n u a l lease shall not exemp t the land held t h e r e u n d e r

the annual lease shall be held to have ceased and determined so far as	from lease of any o ther kind, and upon the land being sold or leased
regards t he land so sold or leased.
The holder of any a n n u a l lease or leases (held by h i m on the first day of J a n u a r y , one thousand n ine hundred and three) , m a y apply to t he Minis ter for an improvemen t lease of the, whole or any par t of t he lease or leases so held, and the Minis te r shall t he reupon refer t he appl ica t ion to t he local land board, and if such board is of opinion t h a t t he app l ican t has not an area sufficient to support a family and t h a t no valid objection in the publ ic in teres t exists to the g ran t ing of such appl icat ion t h e board may recommend and the Governor may g r a n t a lease of an area sufficient for t h a t purpose for a period not exceeding seven years, subject to such rent and condit ions as may be set ou t by

t he

t he Min is te r in such reference, or such o ther ren t a n d conditions as t h e Min is te r may after such report de te rmine . The balance of t he a r ea (if any) may be held by the app l i can t as an annua l lease : Provided t h a t no such lease shall be granted on any procla imed gold or minera l field except wi th the approval of the Minis ter for Mines .

A n y holder of land held unde r a n n u a l lease m a y apply to have

t h e r e n t thereof de termined in accordance wi th the provisions of section

six of t he Crown Lands Act , 1SS9.

Auction sales.

24.     Section s ixty-one of the Crown Lands A c t of 1881- is hereby

amended by the subs t i tu t ion of t he words " one m o n t h " for t h e words " two mon ths nor more t h a n three m o n t h s , " and by the subs t i tu t ion of

the words " o t h e r lands fifteen s h i l l i n g s " for t he words " o t h e r lands

one pound five sh i l l ings ."

The provisions of the Crown L a n d s (Auct ion Sales Balances) Ac t , 1887, and of section fifty-six of t he Crown Lands Act , 1895, are hereby extended to any por t ion of coun t ry lands of a less area t h a n forty acres.

Conversion of settlement leases into homestead selections.

25. The holder of any se t t l ement lease which is no t a t t he

t ime of appl icat ion hereunder liable to forfeiture, m a y a t a n y t ime after t he expirat ion of t he first five years of t he lease apply in the prescribed manne r , subject to t he provisions of section twenty-seven of the Crown Lands Act , 1S95, for an area not exceeding one thousand two h u n d r e d and e igh ty acres of t he land comprised unde r such lease as a homestead grant , and the board may allow such appl icat ion in whole or in par t if they find t ha t t he appl ican t is deserving of such

gran t , and the Governor may issue t he same. I n all such cases t he r emain ing area of such se t t l ement lease m a y be held at a proport ionate par t of t h e r en ta l thereof.

A refund of the renta l shall not be g r an t ed unt i l after

t he execut ion of the homestead grant , and, w h e n granted , shall be calcula ted from the date of such execut ion. The condition of residence a t t a ched to t h e se t t l ement lease and to t he homestead selection m a y be fulfilled for both holdings conjointly e i ther on t he land held unde r homes tead selection or on the l and held unde r se t t l ement lease, so long as bo th such selection and lease are held in t he same interest .

'fhe va lue of t he land t aken u n d e r homes tead selection shal l

be de te rmined by appra i sement in accordance wi th t he provisions of

section six of t he Crown Lands Act , 1889.

Enclosure

Enclosure of roads.

26. Permiss ion to enclose a road unde r t h e provisions of section

e ight of the Crown Lands ( A m e n d m e n t ) Act , 1899, m a y be granted to

an appl icant , a l t hough such road a t t h e t ime of appl icat ion forms par t of an occupat ion license or annua l lease, and the g r a n t i n g of such permission shall have t he effect of w i thd rawing the area of l and comprised in such road from such license or lease.

W h e r e permission to enclose a road is granted as aforesaid, the side of such road shall be deemed to be a common bounda ry line wi th in the mean ing of section one hundred and forty-one of t he Crown Lands Act , 1881 . '

I n every case where t he boundar ies of any hold ing m u s t be fenced, the board m a y , o n appl icat ion in the prescribed manner , authorise a g ive-and- take fence, and such fence w h e n erected shall be deemed a compliance wi th the law, and shall, for all purposes of law and equi ty, or the boundary be tween the part ies .

Amendment of Acts.

27. The holder of any conditional lease may a t any t ime exercise

his r igh t to m a k e an addi t ional condit ional purchase of t he whole or any par t of such condit ional lease not be ing less t h a n forty acres, no twi th s t and ing t h a t t he area included in such appl icat ion shall exceed six hund red and forty acres.

28. Section t h i r t y of the A c t fifty-eighth Victoria n u m b e r

e ighteen is amended by the inser t ion of t he words " s o long as the person upon w h o m the performance of t he said condit ion wouid for t he t ime be ing devolve is the person who applied for tin; original conditional purchase of t he series and for t h e said addit ional condi t ional purchase or condit ional lease ," in subs t i tu t ion for t he words inser ted there in u n d e r section seventeen of the Crown Lands ( A m e n d m e n t )

Act , 1899.

29. Section twen ty - two of t h e Crown Lands Ac t of 1881 is

hereby amended by the addit ion of t he words " o ther t h a n lands wi th in a proclaimed special a r e a " after the words " re fe r to Crown lands ."

30. The holder of any freehold t he area of which is not less t han

forty acres, and in t he opinion of the local land board is no t sufficient to ma in ta in his family, may , if he has for two years immedia te ly prior to the passing of this Ac t and a t t he t ime of m a k i n g applicat ion is residing on such freehold and us ing the same for t he ma in tenance of his family by fa rming pursu i t s , app ly unde r and subject to t he provisions of section th ree for an addi t ional condi t ional purchase or condit ional lease in v i r tue thereof, and shal l be ent i t led to the benefit and subject to t he conditions of the said section as if such freehold area were a condit ional purchase .

3 1 . Section twenty-s ix of the Crown Lands Ac t of 1895

is hereby amended by inser t ing in t he first l ine after the word " m a y "

t h e words " upon the recommenda t ion of the local land board ."

32. I n addit ion to the ma t t e r s specified in section th i r ty -seven

of t h e Crown Lands Act of 1895, t he cha i rman shall have power,

subject to the provisions of tha t section, to deal w i t h —

(i) inquir ies as to fulfilment of conditions ;
(ii) certificates of confirmation ;

(iii) confirmation of appl icat ions ; and

(iv) appl icat ions for a n n u a l leases.

Condition of residence.

33 . "Where a person is the holder of two holdings of any tenure under the Crown Lands Acts , and a condit ion of residence a t taches to e i ther or bo th holdings, he may, w i th the consent of the board, and subject to such condit ions as t h e board m a y impose, perform the condit ion or conditions of residence by residing on one of such holdings.

34. This Act shall come in to force on the first day of J a n u a r y ,

one thousand nine hund red and four.