No. VII.
| An Act to amend the " Crown L a n d s Act of | 1884" in respect of fencing 1 Conditional |
Pu rchases and Conditional Leases. [23rd
July, 1888.] |
| WH E R E A S it is expedient to a m e n d | 1884" in cer ta in par t icu lars . | Be | i t therefore | enacted b y t h e |
the " Crown Lands Ac t of
| Queen ' s Most Exce l l en t Majes ty , b y and wi th t h e advice a n d | consent |
| of | t h e Legis la t ive | Counci l | and | Legis la t ive Assembly of N e w | Sou th |
| Wales | in P a r l i a m e n t | assembled, and by the au tho r i t y of | t h e same, as |
| beneficial occupat ion of the land. |
follows :—
| 1. This Ac t | m a y be cited as t h e " Crown Lands A c t F u r t h e r |
| A m e n d m e n t A c t , " | a n d shall be read wi th the " Crown L a n d s A c t of |
| 1884 ," here inaf ter referred to as t he Pr inc ipa l | Act . |
| 2. | No twi th s t and ing | a n y t h i n g | contained | in | t he | Pr inc ipa l | Ac t , |
any holder the reunder of a condit ional purchase , or condi t ional lease, applied for prior t o t h e commencemen t of this Act , may , wi th in six m o n t h s from the commencemen t of this Act , app ly to the Cha i rman of t h e Local L a n d Board, in t he prescribed form, for permission to subs t i tu te o ther improvements , wholly, or par t ly , in l ieu of f e n c i n g ;
| and any such appl ica t ion m a y be approved, or refused, by t he | L a n d |
| Board , subject to appeal | to | t he | M i n i s t e r ; | provided t h a t t h e | approval |
of a n y such appl ica t ion shall no t have t he effect of g r an t ing a n extens ion of t ime for t h e complet ion of improvemen t s beyond live years from confirmation of t he applicat ion for such purchase or lease;. Such improvements , which m a y include any fencing on the land, shall be of t he va lue of not less t h a n t e n shill ings per acre, and shall be of a fixed, p e r m a n e n t , and subs tant ia l character , and necessary for t h e
3. I n any case b r o u g h t unde r t h e provisions of section two of th is Act , in l ieu of the declarat ion requi red by the Pr inc ipa l A c t to be made by the condit ional purchaser a t t h e end of t he th i rd year after t he da te of confirmation of t he condit ional purchase applicat ion, or wi th in th ree m o n t h s thereafter, of t he due fulfi lment u p to such date , of t h e condit ion of residence, and of the condit ion of fencing, in connect ion wi th t h e condit ional purchase , it will be sufficient if such declarat ion refer to t he condit ion of residence a l o n e ; bu t t h e holder of t h e condit ional purchase shall , a t t h e end of t h e fifth year after the da te aforesaid, or wi th in t h r ee mon ths thereafter, m a k e a declarat ion, in t h e prescribed form, of t he due fulfi lment of t he complete t e r m of residence, and t h a t improvements of t he requi red va lue and charac te r have been made , and are on, the land.
4 . A n y holder of a conditional purchase , or condit ional lease,
| applied for | unde r t he Pr inc ipa l Act , after t he commencemen t of | th i s |
| Act , may , a t any t ime wi th in two years from the confirmation of | t h e |
appl ica t ion for such purchase or lease, apply to t h e Cha i rman of t h e Loca l L a n d Board, in t h e prescr ibed form, for permission to sub s t i tu te o ther improvements , wholly, or par t ly , in l ieu of f enc ing ; and a n y such appl icat ion m a y be approved, or refused, by such Board, subject to appeal to t he Minis te r . Such improvements ,
| inc lud ing | any fencing, shall, wi th in | t h r e e years f rom the da te of con |
| firmation | of t h e applicat ion, be of t he va lue of, a t least , six | shil l ings |
per a c r e ; and, wi th in five years from t h a t date , shall be of t h e va lue of, a t least, t en shil l ings per acre ; and shall be of a fixed, pe rmanen t , and subs tan t ia l charac ter and necessary for t he beneficial occupat ion of t h e land. Provided t h a t an appl ica t ion unde r this section m a y never theless be m a d e before t h e confirmation of a n y appl ica t ion for condit ional purchase , or condit ional lease, m a d e before, or after, t h e commencemen t of this Act .
| 5. I n a n y case b r o u g h t unde r t he provisions of section | four |
of th i s Ac t , in l ieu of t he declarat ion requi red by t h e P r inc ipa l A c t to be m a d e by the condit ional purchaser a t t h e end of t h e th i rd year after t h e da te of confirmation of t he conditional purchase appl ica t ion, or w i th in th ree m o n t h s thereaf ter , t he condit ional purchase r shall m a k e a declarat ion, in t he prescribed form, t h a t improvement s , as described in section four of th i s Act , have been made , a n d are , on t h e land, to t h e va lue of, a t least, six shi l l ings per acre, and t h a t t h e condi t ion of residence has been fulfilled up to t h a t da te ; and, in l ieu of t h e declarat ion requi red by t h e P r inc ipa l A c t to be m a d e by such con
di t ional purchaser a t , or w i th in th ree m o n t h s after, t h e end of t h e
fifth year after t he da te of confirmation aforesaid, he shal l m a k e a
declarat ion, in t h e prescr ibed form, t h a t improvement s , as before
| described, to t he va lue of, a t least , t e n shil l ings pe r acre have | been |
| made, a n d are, on t he land, and t h a t the complete t e r m | of | residence |
| has been fulfilled. |
| 6. W h e n a condit ional purchase u n d e r section forty-seven | of |
| the | Pr inc ipa l | A c t | is | b r o u g h t | u n d e r | t h e | provisions | of | th is | Ac t , |
| pe rmanen t | improvement s , i nc lud ing any fencing, | of t h e va lue | of, | a t |
least, t h i r ty shil l ings per acre, shall be made on t h e land wi th in five years after the date of confirmation of t h e appl ica t ion for such pu rchase ; and a declarat ion in t h e prescr ibed form shall be made before, at, or w i th in three m o n t h s after t he expi ra t ion of such five years ,
| se t t ing for th t ha t t he condi t ion of improvements has been duly | fulfilled. |
| And, in t h e case of | any such purchase n o t b r o u g h t unde r t h e pro |
| visions of | th i s Act , t h e fenc ing requi red by t h e Pr inc ipa l A c t shall be |
erected w i th in twelve m o n t h s , and other improvements , as requ i red by tha t Act , shal l be completed wi th in five years from the confirmation of
| the appl ica t ion for t he | purchase . |
| 7. N o t h i n g in this A c t shal l requi re a n y improvements | in | lieu |
of fencing, in cases where an exempt ion has been, or shal l be, granted u n d e r t he Pr inc ipa l Ac t from fencing any f rontage to a permanent
| r iver , | creek, or | o ther | n a t u r a l | b o u n d a r y ; | and | n o t h i n g | here in | shall |
| e x e m p t | a n y person from | t h e provisions of section | one h u n d r e d | and |
forty-one of t h a t Act.
| 8. W h e n e v e r | fencing | is ment ioned | in | t he Pr inc ipa l Ac t | in |
connect ion wi th any condit ional purchase , or condi t ional lease, it shall, in cases b r o u g h t unde r t h e provisions of th is Act , be t a k e n to mean , or include, other improvements as described in th i s Act , unless
| t he contex t necessari ly requires a different | mean ing . |
9. The word " prescr ibed" in the Pr inc ipa l Act , w h e n used in connect ion wi th fencing, shall m e a n prescribed by the Local L a n d Board, b u t such Board shall no t prescribe any fence l ikely to be a harbour or shel ter for rabbi ts or such other animals as may , by t h e Minis ter ,
| be declared, by not ice in t he Government | Gazette | to be ve rmin . |
10. For t h e purposes of section one h u n d r e d and forty-one of t he Pr inc ipa l Ac t , fencing shall be held to m e a n or include fencing, w h e t h e r erected before or after t he commencement of t h a t Act, a n d w h e t h e r prescribed by the Local L a n d Board or not , provided it is, in t h e opinion of such Board, of a sufficiently useful and substant ia l k ind ; and the side of a reserved, in tended, proclaimed, or o ther road shall no t be held to form, or be, a common boundary- l ine wi th in the mean ing of t h a t section.
1 1 . I n a n y case where any boundary- l ine of l and condit ionally
purchased or condit ional ly leased before, or after, t he c o m m e n c e m e n t ol th is A c t has been, or shall be, fenced by the holder or occupant of adjoining land wi th a fence, which , in the opinion of the Local L a n d Board, is of a sufficiently useful and subs tan t ia l k ind , an applicat ion m a y be made to t he Cha i rman of t h e Local L a n d Board wi th in the prescribed t ime for exempt ion from fencing the same l ine, b u t such exempt ion if g ranted by the Loca l L a n d Board shall no t involve t he m a k i n g of o ther improvements in l ieu thereof ; b u t n o t h i n g in th i s section shal l interfere w i th section t en of th i s Act , or section one
| h u n d r e d | and forty-one | of | t he Pr inc ipa l | Ac t . |
12. The holders of condi t ional leases unde r section fifty-two of t h e Pr inc ipa l A c t shall no t be required to fence t h e land held under such condit ional lease.
13 . The area embraced by any or iginal condit ional purchase ,
| and a n y addi t ional condi t ional purchase made by v i r tue | thereof, and |
| any condi t ional leases g ran ted unde r section forty-eight, or | fifty-four |
of t he Pr inc ipa l Act , by v i r tue of such condit ional purchases , may, for all purposes of residence and improvements , bo held to be one holding, no twi th s t and ing t h a t one, or more, of such condit ional purchases m a y have been made u n d e r t h e repealed Acts .
| 14. | No twi th s t and ing | a n y t h i n g | conta ined | in | t he | Pr inc ipa l | Act |
where in any case t h e unfenced sides of lands , w h e t h e r held by different persons and unde r different conditions or not, are separated by a road or watercourse , t he L a n d Board, on application being made to t he Cha i rman in t he prescribed form and wi th in t h e prescribed t ime , m a y g r a n t permission for such road or watercourse to be wholly , or in pa r t , inclosed, provided t h a t gates or sui table subs t i tu tes such as t h e Board m a y consider necessary and direct, shall be erected or made so as not to unnecessar i ly interfere with any traffic, or, to any large extent , divert t h e n a t u r a l flow of water . A n y such ga te m a y on applicat ion to, and
| approval of, t he Minis ter who may adminis ter t h e " Pub l i c Gates | A c t " |
| be m a d e | a | publ ic | ga te wi th in t h e mean ing , and | subject to t h e provi |
| sions of t ha t Act . | U p o n complaint be ing made in t h e prescribed form |
| to t h e Cha i rman of t he Local L a n d | Board, such Board may , for any |
sufficient
sufficient reason, cancel any permission gran ted u n d e r this section, a n d m a y order a n y fence, ga te , or o ther s t ruc tu re on any road or watercourse to be removed by such persons, and wi th in such periods as such Board shall de te rmine . Al l decisions of t he Board unde r th i s section shall be subject to appeal to t h e Minis ter . N o t h i n g in th is section shall exemp t t h e holder of any condit ional purchase or condit ional lease from be ing requi red to m a k e other improvements in l ieu of fencing unde r sections two or four of th is Ac t .
| 15. | No twi th s t and ing | a n y t h i n g | in th is A c t | improvements on | any |
| condit ional purchase , | or condi t ional lease held | the rewi th , shall n o t be |
requ i red to be of a greater va lue t h a n six h u n d r e d and forty pounds , a n d in a n y case where t h e improvements a t t he end of th ree years after t he date of confirmation of t h e appl icat ion would, if ca lcula ted a t six shil l ings per acre, a m o u n t to or exceed six h u n d r e d and forty pounds , three-fif ths of t h a t s u m m a y be declared to, and t h e final declarat ion shall set for th a n expend i tu re of at least six h u n d r e d and forty pounds .