Crown Lands Act of 1884 No 35a (NSW)
No. XVIII.
PART.
An Act to regulate the Alienation Occupation
and Management of Crown Lands and
for other purposes. [17th October, 1884]
| BE it enacted by the Queen's Most Excellent Majesty by and with | Assembly of New South Wales in Parliament assembled and by the the advice and consent of the Legislative Council and Legislative authority of the same as follows :-— |
PART I.
Preliminary and General Provisions.
] . This Act shall come into force on the first day of January
one thousand eight hundred and eighty-five and may be cited as the " Crown Lands Act of 1884" I t is divided into Seven Parts embracing the following subjects viz :—
PART I.—Preliminary and General Provisions—ss. 1-7. PART II.—Establishment of Divisions—Land Districts—Local
Land Boards—Hearing of Appeals—ss. 8-20.
PART III .—ALIENATION—Condit ional Purchases—Conditions
and Obligations of Conditional Purchasers—Additional Con
ditional Purchases—Conditional and Improvement Purchases
in Gold-fields—Conditional Purchases without Residence—
Conditional Leaseholds—Measurement of Conditional Pur
chases—Auction Sales—Special Sales without Competition—
ss. 2 1 - 6 8 .
P A R T IV.—OCCUPATION—Divis ion of Puns—Pastoral Leases—
Occupation Licenses—Homestead Leases—Annual Leases
for Pastoral Purposes—Special Leases—Ri'ngbarlcing by
Lessees—General Provisions affecting Leases Lessees and Licensees—ss. 7 0 - 1 0 0 .
P A R T V.—Dedications—Reserves—Roads—ss. 1 0 1 - 1 1 1 .
PART V I . — S t a t e Forests—Timber Reserves—Licenses—Per
mits—ss. 1 1 2 - 1 1 6 .
PART VII.—Transfers—Legal Provisions—Miscellaneous Pro
visions—ss. 1 1 7 - 1 1 5 .
2 . The unrepealed portions of the Acts mentioned in the sub
joined list are hereby repealed together with all regulations made
thereunder viz.:—
Year and number of Act. Title of Act. 22 Vic. No. 17 ...
An Act to impose an Assessment on Runs in the Unsettled and Intermediate Districts and to increase the Rent of Lands leased for Pastoral Purposes within the settled Districts of New South Wales.
23 Tie. No. 4 ... An Act to include the Intermediate with the Settled Districts. 25 Vic. No. 1 ... An Act for regulating the Alienation of Crown Lauds. 25 Vic. No. 2 ... An Act for regulating the Occupation of Crown Lands. 39 Vie. No. 13 .. An Act to declare and amend the Laws relating to Crown Lands. 42 Vic. No. 2G ...
An Act to declare the Law as to the effect of Transfers before grant of Lands conditionally purchased under the Acts regulating the Alienation of Crown Lands.
13 Vic. No. 29 ... An Act further to amend the Lands Acts of 18G1 and tho Act of 1875.
An Act to declare the Law in respect to lands forfeited or reverting
43 Vic. No. 33 ... to Her Majesty by reason of non-compliance with the conditions
of purchase by the conditional purchaser.An Act to regulate ringbarking on Crown Lands and to limit claims
45 Vic. No. 8 ... for compensation under the fifteenth section of the " Lands Acts
Further Amendment Act of 1880."An Act to extend the power of correcting designs or plans of towns
45 Vic. No. 9 ... and villages and the limits of Suburban Lands. Rut the repeal hereby enacted shall not of itself— (i.) Abate prejudice or affect any proceeding civil or criminal at
law or in equity depending in any Court or before Arbitrators
or any other authority at the commencement of this Act—or
(n.) Affect any grant lease license reservation dedication proclamation appointment or notification lawfully made before the
commencement of this Act—or
( in.) Prejudice or affect any proceeding matter or thing lawfully done or commenced or contracted to be done under the authority of any enactment or regulation hereby repealed.
And provided always that notwithstanding such repeal—
(a)
All offences penalties and forfeitures committed or incurred before the commencement of this Act may be respectively tried punished enforced and dealt with as if this Act had not been passed.
(b)
All rights accrued and obligations incurred or imposed under or by virtue of any of the said repealed enact ments shall subject to any express provisions of this Act in relation thereto remain unaffected by such repeal.
3. Notwithstanding anything contained in the last preceding
section—
(I.) No application to make any additional conditional purchase of Crown Lands whatever by virtue of any holding under any of the said repealed Acts shall be entertained or dealt with otherwise than in accordance with the provisions of this Act.
(II.) No application to make any purchase of Crown Lands in virtue of improvements under the said Acts effected or acquired after the seventeenth day of July one thousand eight hundred and eighty-four shall unless made for land held under a miner's right or business license be complied with Provided that all such first-mentioned applications to purchase under the said repealed Acts shall be lodged with the proper officer before this Act comes into operation.
(III.) All lands held under pre-emptive lease on the thirty-first day of December one thousand eight hundred and eighty- four shall thereafter be deemed to be Crown Lands freed and discharged from such lease And such lands shall revert to the Pastoral Holding if any of which they originally formed part and rent shall thereafter be payable therefor at the same rate as is charged for such holding but if there be no such holding then such lands if situated in the Eastern Division may be converted into annual leases for pastoral purposes under part IV of this Act but without competition Provided always that the holders of lands conditionally purchased under the said Acts shall be entitled to the rights conferred by this Act.
4. In this Act unless the context necessarily requires a different meaning the expression—•
" Alienee" means any person whose estate or interest is derived by sale mortgage or any disposition not testamentatary or operating by devolution of law.
" Crown Lands" means lands vested in Her Majesty and net permanently dedicated to any public purpose or granted or lawfully contracted to be granted in fee simple under this Act or any of the Acts hereby repealed.
" City town or village"—A city town or village shall be such as shall have been declared to be so by proclamation of the Governor in the Gazette.
" Erontagc" means abuttal on or frontage to the sea-coast or to any iake inlet river creek stream watercourse road or intended or designed road prescribed as a boundary.
" Governor" means the Governor with the advice of the Executive
Council.
" L a n d Agent" means any person duly appointed to the office of Crown Land Agent or Acting Crown Land Agent.
" Land Office day" means any day notified as such in the Gazette upon which Land Agents arc required to attend at their Land Offices for the purpose of receiving applications for sale or lease of Crown Lands.
" Lease" includes any unexpired engagement contract or promise
of a lease.
" Local Newspaper" means a newspaper published or circulating in the particular district or place in reference to which the expression is used.
" Leasehold Area" means that portion of a Pastoral Holding for which a Pastoral Lease may be granted under this Act.
"Minerals"
" Minerals" means and includes coal kerosene shale and any of the following metals or any ore containing the same viz.— Gold silver copper tin iron antimony cinnabar galena nickel cobalt platinum bismuth and manganese and any other substance which may from time to time be declared a mineral within the meaning of this Act by proclamation of the Governor published in the Gazette.
" Minister" means the Minister for Lands or other Minister charged with the administration of this Act or any part thereof.
" Prescribed" means prescribed by this Act or by any Regulation made thereunder." Pastoral Holding" means the area included within the con tinuous boundaries or reputed boundaries of any station worked or used for grazing purposes whether such station includes more than one run or includes lands held by or in the interests of the runholder otherwise than under pastoral or pre-emptive lease or not.
" Population Boundaries" includes lands within areas bounded by lines bearing north east south and west as defined by proclama tion in the Gazette and distant not more than ten miles from the nearest boundary of any city town or village.
" Public purpose" means and includes in addition to any purpose specified in any section of this Act any purpose declared by the Governor by notification in the Gazette to be a public purpose Avithin the meaning of such section.
" Regulations" means the Regulations made under the authority
of this Act.
" Representatives" means the executors or administrators of the person with reference to whom the word is used and includes all persons in whom the estate or interest of such person is vested.
" Run" means Crown Land held under pastoral lease at the com mencement of this Act and also any land which by the operation of this Act may have reverted or may revert to such lease.
" Runholder" means the registered lessee or the holder of anysuch run.
" Resumed Area" means that portion of a Pastoral Holding for which a Pastoral Lease may not be granted under this Act.
" Vacant Land" means land not alienated by or held under any lease or promise of lease or license from the Crown.
5. Crown Lands shall not be sold leased dedicated reserved or dealt with except under and subject to the provisions of this Act and nothing in this Act shall affect the provisions of any Act regulating Mining on Crown Lands or shall affect the prerogative of the Crown in respect to any lands reverting by escheat or forfeiture to Her Majesty otherwise than under the provisions of this Act or any Act hereby repealed.
6. The Governor on behalf of Her Majesty may grant dedicate reserve lease or make? any other disposition of Crown Lands but only for some estate interest or purpose authorized by this Act and subject in every case to its provisions No Crown grant issued after the com mencement of this Act shall be expressed or purport to bo in trust for private persons or jmrposes.
7. All grants of land issued under the authority of this Act shall contain a reservation of all .minerals in such land and shall con tain such other reservations and exceptions as may by the Governor be deemed expedient in the public interest Provided that whenever it shall be found that land alienated under this or any of the said
repealed
repealed Acts contains any mineral and such land has been alienated subject to the minerals being reserved to the Crown the Governor may permit the owner of such land to remove such, mineral upon payment of such royalty and upon such conditions as may be prescribed Provided also that the right of any holder of a conditional purchase made under sections thirteen twenty-one or twenty-two of the " Crown Lands Alienation Act of 1801" hereby repealed to convert such pur chase into a conditional purchase for mining purposes in accordance with any regulations in force for the time being made under the said Act may be exercised subject to the terms and conditions contained in such regulations as if this Act had not been passed.
P A R T I I .
| Establishment | of | Divisions—Land | Districts—Local | Land | Boards— |
Hearing of Appeals.
8. Por the purposes of this Act New South Wales shall consist of Three Divisions namely :—The Eastern Division—the Central Division—and the Western Division—and the boundaries of each Division shall be as set forth in the Schedule hereto Provided always that it shall be lawful for the Governor from time to time by pro clamation in the Gazette to alter the boundary of any Division so as to avoid the severance of any existing conditional purchase or lease or other lawful holding whatsoever And upon the publication of such proclamation the boundary as altered thereby shall be deemed to be the true boundary of the Division referred to in such proclamation.
Land Districts.
| the Gazette establish and define1 the boundaries of Land Districts and | 0. The Governor may within each Division by proclamation in may in like manner alter the same. | |
| 10. The Governor may appoint a Land Agent either for each Land District or for several adjoining Land Districts who shall perform the duties imposed on him by this Act or the Regulations and the Minister may at any time in the absence of any such Agent appoint a person to act for him And all things done by an Acting Land Agent | ||
| ||
| to forward to the Colonial Treasurer all moneys received by him by virtue of this Act or the Regulations in the prescribed manner and in all other respects to conform to the Regulations and to carry out the instructions given by or by direction of the Minister. |
Local Land Boards.
11. There shall be a Local Land Board for every Land District
or for several Land Districts and the members of such Board shall not exceed three in number and shall be appointed by the Governor One of such members shall be the chairman who shall bo appointed in like manner and shall be paid such salary as Parliament may sanction Every other member of the Board shall be paid such fee for each sitting as may be prescribed Any member of a Local Land Board who shall sit or act in any way as a member of such Board in any case in which he is or has been directly or indirectly interested shall be liable to a penalty not exceeding five hundred pounds.
12. A majority of tlie members of any Local Land Board shall constitute a quorum and the chairman shall if present preside at all meetings of the Board-and have an original vote on any question brought before or referred to such Board Provided always that the chairman shall have a casting vote on any question on which the votes are equal.
13. I n addition to the matters hereinafter required or permitted to be made the subject of adjudication appraisement valuation inquiry or report by Local Land Boards it shall be the duty of every such Board and it shall have full power and authority to hear examine and report to the Minister upon—•
(I.) Any matter referred for report to such Board by the Minister which under the provisions of any Act hereby repealed might have been the subject of any claim for compensation or of arbitration appraisement inquiry or complaint.
(II.) Any complaint or question as to the non-fulfilment of any condition of residence or improvement by a conditional pur chaser under any of the said repealed Acts.
(III.) Any allegation or complaint that land conditionally pur chased under any of the Acts hereby repealed has been so purchased by the applicant in violation of any of the pro visions thereof Provided that nothing herein contained shall refer to any land for which a certificate of completion of the conditions of residence and improvements or grant has already issued.
11. For the purpose of regulating the procedure of Local Land
Boards under this Act and of empowering such Boards to give full effect to the meaning and intent thereof the following provisions shall be applicable to and be carried out by such Boards—
(I.) Every such Board shall have power to hear and determine all complaints and other matters brought before it and shall con duct all inquiries sitting as in open Court and shall take evidence on oath and its procedure while so sitting shall be the same as the procedure before a Court of Petty Sessions,
(II.) The Chairman of every such Board shall be a Justice of the Peace by virtue of his office and shall have and may exercise the like powers and authorities as are possessed by a Court of Petty Sessions to summon and compel the attendance of witnesses to give evidence on any matter before the Board and to produce all deeds and documents in their possession
nesses so summoned to attend shall be entitled to the like or under their control relating to such matter And all wit allowances for attendance and travelling expenses as witnesses
attending a District Court are by law entitled to.
(III.) Every party to a proceeding before such Board shall have the same right to be heard by counsel attorney or agent and to enforce the attendance of witnesses before such Board and to examine such witnesses as upon summary proceedings before Justices.
(IV.) The chairman shall give the decision of the Board (when unanimous) in open Court but if not unanimous the Board shall decide by vote (retiring for that purpose if it shall think fit) The decision shall then be given by the chairman as aforesaid and no member shall comment upon or question such decision Upon an appeal to the Minister as herein after provided any member of the Board may assign in writing such reasons for his opinion as he may deem necessary which shall be transmitted through the chairman to the Minister.
(v.)
(V.) Any person not authorized in that behalf by the Minister desirous of prosecuting any complaint before such Board shall do so by lodging with the Land Agent a notice in the pi'c- scribed form verified by a statutory declaration setting forth the grounds of such complaint and shall at the same time deposit with such Land Agent the sum of ten pounds as security for any costs which may be awarded against him by such Board Provided that should the Board be of opinion that the sum of ten pounds Avill be insufficient to meet the probable expenses in any case it may demand such further sum as may be deemed necessary and should such sum not be deposited with the Land Agent within such time as the Board may specify such complaint shall not be proceeded with When the Board shall qivc a decision in favour of the complainant he shall be entitled to a refund of the sum so deposited and it may award such expenses for witnesses and such costs to the successful party as to it may seem reasonable and such expenses and costs shall be recoverable in the manner prescribed by the Acts regulating the procedure in Courts of Petty Sessions.
(VI.) The Minister may return to the Local Land Board for revision rehearing or further consideration any case or matter which to such Minister shall appear to have been improperly or insufficiently considered or determined by such Board.
(VII.) The Local Land Board instead of giving any decision or adjudication in any case within the jurisdiction of such Board may after taking evidence refer such case with the evidence for decision by the Minister who shall have power to deal with the case so referred in all respects as if it had been brought before him in the first instance. •
(VIII.) In the absence of the chairman the members present at any meeting of the Board shall appoint one of their number to act as chairman at such meeting or any adjournment thereof who shall while so acting have all the powers and authority of the chairman The resignation removal from office insolvency or absence from three consecutive meetings of the Board of any member of the Board without leave of the Minister shall cause a vacancy therein and the Governor may appoint a person to supply such vacancy.
(XI.) Any member of the Board may sign summonses and the chairman shall sign certificates and other documents given or issued by the Board and immediately after adjudication or decision upon any case shall forward all papers connected with the case together with any report required thereon to the Minister.
15. In any case where a Local Land Board pursuant to the pro visions of this Act and subject to the provisions for appeal hereinafter provided for shall make any adjudication or award and to give effect to such adjudication or award shall make any order for the payment of money whether as compensation costs appraised value or otherwise howsoever such order shall be under the hand of the chairman and may be enforced by distress and sale of the goods and chattels of the person ordered to pay such money in manner prescribed by the regulations or the same may be recovered in a summary way before any two Justices of the Peace by the parson to whom such money is ordered to bo paid.
10. Por every Land District the Governor may appoint a Dis
trict Surveyor and such other officers as he may think necessary for
the purposes of this Act Provided always that wherever required by
I the the Minister such officers shall perform the duties connected with their respective offices in and for any Land District in addition to that for which they have heen appointed.
17. Either party to any proceedings dispute or claim hefore a
Local Land Board and any caveator as hereinafter provided may appeal from the adjudication or decision of such Board to the Minister at any time within twenty-eight days after the same has been given by giving written notice of such appeal to the chairman of the Board and to the other party to the proceeding (if any) and depositing with such chairman the sum of ten pounds as security for the costs of the
appeal And every such notice shall state the grounds of appeal. Hearing of Appeals.
1 8 . The Minister shall have power to hear and determine all
appeals and to make such orders for the payment of costs incurred in such appeals as he may think just And such appeals shall be heard and determined as in open Court and the parties to such appeals may be heard by counsel attorney or agent but no fresh evidence shall be adduced except in cases of voidance or forfeiture and the decision of the Minister shall be given as in open Court and shall when recorded be filed with the proceedings in the case The decision of the Minister upon any appeal in respect of any matter arising out of a conditional purchase or conditional leasehold shall for all the purposes of this Act be final and conclusive.
1 9 . If in any case it shall appear to the Minister that further
evidence ought to be taken the case may be remitted to the Local Land Board for that purpose and the Board may after hearing such evidence reverse alter or amend its previous decision in any way it may consider necessary.
2 0 . Any question of lapse voidance or forfeiture whether arising
under this Act or any of the said repealed Acts may be by the Minister referred to the Local Land Board and the decision thereon of the said Board after due investigation in open Court shall unless appealed from in the prescribed manner be final.
P A R T I I I .
ALIENATION—Conditional Purchases—Conditions and Obligations of
Conditional Purchasers—Additional Conditional Purchases—Con
ditional and Lmprovement Purchases in Gold-fields—Conditional Purchases without Residence—Conditional Leaseholds—3Ieasure-
ment of Conditional Purchases—Auction Sales—Special Sales
without Competition. 2 1 . Crown Lands belonging to any of the classes hereinafter
specified shall be exempt from conditional sale under this Part—
(i.) Lands held under conditional lease except by the conditional leaseholder having a preferent right of purchase as specially provided by this Act or to which a right of conditional lease is attached if such right of lease conferred by a conditional on any additional conditional purchase made under the repealed Acts be exercised within ninety days after the commencement of this Act or at the date of application for any conditional or any additional conditional purchase under
this Act. (n.)
(II.) Lands within the Western Division unless within Special Areas proclaimed as hereinafter provided
(III.) Lands comprised within Leasehold Areas notified under the provisions of Part IV
(IV.) Lands reserved or set apart for Town or Suburban lands or for village sites
(V.) Lands reserved from sale or dedicated reserved or set apart for any public purpose other than as aforesaid.
(VI.) Lands in proclaimed gold-fields within areas reserved from conditional sale
(VII.) Lands within Population Areas as defined in section four(VIII.) Lands under lease or lawful occupation for mining purposes
and lands of which a lease under any Act in force for the
time being relating to mining has been applied for
(IX.) Lands containing improvements in the nature of buildings structures or works not being fencing only and being of a permanent fixed or substantial character a d such as in the opinion of the Local Land Board are necessary for the profit able occupation of the land on or adjoining or in connection with which such buildings structures or works are or were intended to be used Provided that the land so exempt from sale shall be equivalent to one acre for each pound worth of improvements by virtue of which the same is exempted and in no case shall such exemption be less than forty acres nor exceed six hundred and forty acres and the conformation of the boundaries of the land so exempt shall be as prescribed Provided further that no such improvements shall be made after this Act comes into operation without the permission of the Local Land Board approved by the Minister Provided further that such last-mentioned improvements shall not prohibit conditional purchase or conditional lease within resumed areas subject to payment by the conditional pur chaser or conditional leaseholder to the owner for such improvements in the manner provided (as regards fixing of value and mode of payment) by the forty-first section of this Act.
And for the purposes of this section it shall be immaterial whether the proclamation dedication reservation setting apart notification lease or a2>plication herein mentioned in connection with any such lands was made under any repealed Act or under this Act or whether any such
| Act. | improvement was made before or after the commencement of this |
| 22. All Crown Lands if not within any of the aforesaid classes of exemption shall be open to conditional sale under and subject to the provisions and conditions of this Act and where in any Act relating to the Volunteer Porce reference is made to the thirteenth section of the " Crown Lands Alienation Act of 18(51 " such reference shall in respect to all claims to free grants of lands imsatisfied at the com mencement of this Act be deemed and taken to refer to Crown Lands open to conditional sale under this Act Provided that no person shall make more than one conditional purchase under this Act except by way of additional conditional purchase in virtue of an original purchase as hereinafter provided unless he shall have first received a certificate from the Local Land Board of fulfilment of all the required conditions (except payment of balance of purchase money) or that having made such conditional purchase bond fide and solely in his own interest he had been compelled through adverse circumstances to vacate or abandon the same. |
23. No person under the age of sixteen years shall be a con ditional purchaser of Crown Lands but any person of or above that age (if under no legal disability except that of age) may subject to the limitation as to age hereinafter contained relating to conditional pur chase without residence be a conditional purchaser of such lands.
24. I n the Eastern Division no application for a conditional purchase shall be received for less than forty or more than six hundred and forty acres and in the Central Division no such application shall be received for less than forty or more than two thousand five hundred and sixty acres Provided always that it shall be lawful for the Governor by proclamation in the Gazette to reserve and set apart from time to time in the Eastern and Central and Western Divisions not being within pastoral or homestead leases any areas of Crown Land (to be called Special Areas) within which it shall not be lawful to conditionally purchase more than one hundred and sixty acres and in such areas and at such prices (not being less than thirty shillings per acre) deposits and instalments as shall be notified in such proclamation.
25. When the land to be applied for as a conditional purchase is unmeasured land the intending applicant shall before lodging his application mark some corner of such land in the prescribed manner and shall in his application describe such land in such manner as to permit of its identification by the description And if the land applied for has not a frontage it must be situated at a distance of at least sixty chains from a frontage When such land is measured land the applicant shall so describe it And whenever the land so applied for contains improvements the applicant shall state that fact in his application and shall describe the nature and position of such improvements.
26. Every application for an original conditional purchase shall be tendered by the applicant in person and every application for an additional conditional purchase may be tendered by the applicant in person or by any duly authorized agent to the Land Agent on some Land Office day and with the application there shall be lodged with the Land Agent a deposit at the rate of two shillings per acre of the area ajiplied for together with a declaration made by the applicant in the prescribed form And if any person shall make a false statement in such declaration as to any of the matters contained therein he shall forfeit all moneys paid by him in respect of the land applied for and all right and title to such land And any conveyance transfer mortgage or disposition of such land made by such person shall be null and void if taken with notice or knowledge of such false
statement. 27. The applicant who shall have duly complied with all pre scribed requirements shall be entitled to a receipt from theLand Agent for the deposit paid by him but if more than one application and deposit for the same land or any part thereof be tendered to the Land Agent at the same time he shall unless all the applications but one be forthwith withdrawn proceed to determine by lot in the prescribed manner which application shall be received.
28. The Land Agent shall enter the particulars of all such applications deposits and declarations in a Register to be kept by him in the prescribed manner and shall thereupon transmit such applica tions to the Local Land Board together with all documents relating; thereto to be dealt with as hereinafter provided A list of all such applications so transmitted to the Local Land Board shall be kept by such Land Agent in the prescribed manner and be exhibited by him for public inspection in some conspicuous part of his office And all applications so transmitted shall be dealt with by the said Board sitting as in open Court on a day of which at least fourteen days
notice shall be given in the prescribed manner. 29.
29. Upon receipt of every sucli application the Local Land Board if the land applied for appears to such Board to bo open to conditional purchase and has not been surveyed shall direct the district surveyor to cause a survey of such land to be made And if upon the report of such surveyor it shall appear that the land is available then the Board shall confirm the application unless a caveat be lodged as hereinafter provided but if it shall disallow the application the applicant may appeal from such disallowance to the Minister in the prescribed manner If upon report or otherwise before survey the Board shall be of opinion that the land applied for is not open to conditional purchase it may disallow the application in like manner subject to appeal as aforesaid When an application subject to appeal as afore said is made for a measured portion open to conditional purchase the Board shall either with or without a report confirm or disallow such application and the Board on every such confirmation shall issue a certificate thereof in the prescribed form to the applicant.
30. Any person claiming a right to land so applied for may in the prescribed manner lodge a caveat with the Local Land Board setting forth objections against the confirmation of any such application and shall at the time of lodging the same deposit with the Board the sum of ten pounds to be dealt with by the Board as hereinafter provided And all applications in respect of which caveats have been so lodged shall be dealt with at a meeting of the Board holden after the prescribed notice thereof shall have been given to the applicant and the caveator at which meeting the Board sitting as in open Court shall hear and determine the grounds of objection set forth in the caveat and if the caveator be not present or if the Board shall consider that the objections arc not sustained it may order the deposit of the caveator or any part thereof to be paid to the applicant by way of compensation or may make such other order in the premises as it may deem just. The Board may upon such terms as it may deem fit postpone the hearing of any application under caveat to some day of which the prescribed notice shall be given to the applicant and the caveator.
31. Unless the caveator shall give the prescribed notice of
appeal to the Minister and with such notice deposit the prescribed sum with the Local Land Board the adjudication of such Board shall be final and conclusive but if such notice shall have been duly given and such deposit made the appeal shall be heard and determined by the Minister.
Conditions and obligations of Conditional Purchasers.
32. Every original conditional purchaser under this Act shall within three months from the date of confirmation of his application by the Local Land Board commence and thereafter continue to reside on his conditionally purchased land for the term of five years from such date And residence' for the purpose of this part shall be taken to mean continuous and bond fide living on such land as the conditional purchaser's usual home without any other habitual residence.
33. Every conditional purchaser shall within two years after the date of such confirmation fence the boundaries of his conditionally purchased land with a substantial fence of any of the prescribed classes of fencing and shall maintain such fence in good repair and condition during the entire period of the term of residence hereinbefore required Provided that upon sufficient cause the Local Land Board may on application extend the period within which the condition of fencing shall be fulfilled And provided that the Board on the application of such purchaser may grant him an exemption from fencing any part of his land which has frontage to a permanent river creek or other natural boundary held by the Board to be sufficient.
34. Every conditional purchaser shall at the end of the third year after the date of confirmation of his application or within three months thereafter make the prescribed declaration before the Land Agent of the due fulfilment up to such date of the condition of residence and of the condition of fencing required by this Act and at the end of the fifth year after the date aforesaid or within three months thereafter such conditional purchaser shall make a like declaration of the due fulfilment by him of the complete term of residence Such declarations shall be transmitted by the Land Agent to the Local Land Board Eor the purposes of this Act and the regulations made thereunder every Land Agent shall during bis tenure of office be deemed a Commissioner of the Supreme Court for taking affidavits.
35. Every conditional purchaser at the end of the third year after the date of confirmation of his application or within three months thereafter shall pay to the Land Agent an instalment on his purchase at the rate of one shilling per acre and thereafter shall pay in like manner a like instalment annually during a period until the balance of seventeen shillings per acre together with interest at the rate of four per centum per annum thereon shall have been paid After the last payment of such instalments and interest the conditions of payment required by this Act shall be deemed to have been duly fulfilled Pro vided however that it shall be lawful for the conditional purchaser to pay off the whole or any portion of such instalments at any time after the expiration of five years from the date of confirmation as aforesaid if the certificate mentioned in the next following section shall have been granted to him Provided always that any holder of a conditional purchase made before the commencement of this Act may by writing addressed to the Local Land Board apply to convert his holding so far as regards the balance unpaid of his purchase money into a holding under the conditions of payment prescribed by this section.
36. If at the expiration of the prescribed term of residence the Local Land Board shall be satisfied after due inquiry that all con ditions applicable to a conditional purchase except that of payment of the balance of instalments have been duly complied with such Board shall issue a certificate to that effect And a like certificate may be granted by such Board upon application of the holder of any additional conditional purchase when such Board shall be satisfied after like inquiry that all conditions applicable thereto except that of payment of balance of instalments have been duly complied with such certificate shall be transferable subject to the prescribed conditions and
land therein described subject to the fulfilment of the prescribed shall be prima facie evidence of the title of the holder thereof to the conditions of payment No such certificate shall be issued by the Board before the expiration of thirty days from the date of publication in the Gazette of notice of its intention to issue the same within which period any person may lodge in the prescribed form and manner a caveat against such issue and every such caveat shall be disposed of by the Board before issuing such certificate in manner hereinbefore provided for dealing with caveats Provided that the Board may after the prescribed notice in the Gazette and in the prescribed manner issue to the person entitled thereto a fresh certificate upon satisfactory proof being adduced that the original certificate issued has been lost or destroyed.
37. Subject to the issue of such certificate and upon payment of the' balance of instalments stamp duty and deed fee a grant in fee simple of the land shall be issued upon application.
38. In default of payment of any instalment for three months
after the day when such payment shall have fallen due the conditional
purchase may be declared by the Minister to be forfeited and upon
such
such declaration being published in the Gazette the conditionally pur chased land in respect of which such payment is due shall revert to Her Majesty and become Crown Lands for the purposes of this Act And any payment made in respect of such purchase shall in such case be forfeited to Her Majesty.
39. If the Local Land Board shall report to the Minister that after due inquiry held by such Board the prescribed conditions of residence or fencing have not in the opinion of such Board been duly fulfilled by any conditional purchaser or his representatives it shall be lawful for such Minister to declare the conditional purchase to be forfeited and any payment made in respect of such purchase shall in such case be forfeited to Her Majesty.
40. The conditions and obligations imposed by and all other the provisions relating to conditional purchasers contained in the last eight preceding sections shall be equally applicable and attach to per sons deriving title through or under such conditional purchasers and to all persons upon whom title shall devolve or be cast by operation of law But this section shall be read subject to the provisions hereinafter contained relative to cases of death lunacy insolvency or judgment debt of a conditional purchaser.
41. I n every case where land conditionally purchased under this
Act contains improvements other than those described in sub-section (ix) of section twenty-one the conditional purchaser shall pay the value of such improvements as ajqumsed by the Local Land Board Whore such improvements belong to the Crown payment by annual instal ments of one quarter of the appraised value may be made by such purchaser in the prescribed manner and at the prescribed time and where such improvements do not belong to the Crown payment shall be made in such manner and at such times as the owner thereof and the conditional purchaser shall agree upon or failing such agreement as the Local Land Board shall determine Provided always that nothing herein contained shall prevent such owner from removing any such improvements which in the opinion of the said Board are capable of removal without permanently deteriorating the value of the land on which they are if such removal is carried out within three months from the date of confirmation of application to purchase.
Additional Conditional Purchases.
| 42. Any holder of a conditional purchase not exceeding in the Eastern Division six hundred acres or in the Central Division two thousand five hundred and twenty acres may make additional condi tional purchases of Crown Lands adjoining the original or any prior additional conditional purchase or each other provided that the original and such additional conditional purchases do not exceed in the whole six hundred and forty acres in the Eastern Division and in the Central Division two thousand five hundred and sixty acres and that all the conditions and obligations applicable to original conditional purchases be fulfilled by such holder in relation to every such additional condi tional purchase except as hereinafter provided And for the purposes of this section it shall be immaterial whether the original or prior additional conditional purchases were made under any of the Acts hereby repealed or under this Act or partly under one and partly under the other Provided that additional conditional purchases may in special areas within the Eastern Central and Western Divisions be made by holders of conditional purchases such purchases original and additional not exceeding one hundred and sixty acres. |
43. The area embraced by any original conditional purchase
made under this Act and any additional conditional purchase made in virtue thereof may for all purposes of residence and fencing he held to be one holding and conditional purchase Bu t whenever the holder of lands conditionally purchased under the said repealed Acts shall
exercise his right of making an additional conditional purchase underthis Act in the Central Division the area of which whether taken by one or more applications together with that previously purchased under the said Acts shall exceed six hundred and forty acres then such area shall be subject to the condition of a further term of five years' resi dence in like manner as an original conditional purchase made under this Act But such residence may be fulfilled on the land by virtue of which any such additional purchase may be made Provided that no further residence than is required under the repealed Acts shall be
necessary in connection with additional conditional purchases in the
Eastern Division made in virtue of original conditional purchases under the said Acts.
44. Whenever the condition of residence incident to an addi
tional conditional purchase has been fulfilled on an original conditional purchase made under this Act then upon the fulfilment by the holder
thereof of the prescribed conditions of fencing and payment he may at
any time make the prescribed declarations in relation thereto In any such case the conditions as to payment of instalments as hereinbefore provided shall apply as if the prescribed declarations had been lodged at the end of three and five years respectively from the date of confirmation of application.
Purchases in Gold-fields.
45. Any Crown Land within a proclaimed gold-field which after the twenty-fifth day of May one thousand eight hundred and eighty has been sold conditionally or by auction or in virtue of improvements
or otherwise as well as any such land alienated under this Act shall be subject to the following condition namely:—Any person speciallyauthorized in the prescribed manner by the Minister shall be at liberty to dig and search for gold within such land and should it be found to
be auriferous the Governor may cancel wholly or in part the sale of
such land and upon the notification thereof in the Gazette the proprietor
not auriferous and of the improvements thereon as appraised by the shall be entitled to compensation for the value of the land as if it were Local Board and such land shall thereupon become Crown Land within the meaning of the " Mining Act 1874 " or any Act amending the same and shall be reserved from sale until such reservation be revoked by the Governor Provided that the person so specially authorized by the
Minister to dig and search for gold shall on the appearance of such notification in the Gazette be deemed to be the first applicant for a claim or lease of such land or a portion thereof and the date of such application shall be reckoned from the day of publication of such notification in the Gazette but in all other respects as to area labour conditions and other matters such application shall be dealt with subject to the regulations in force for the time being authorizing the occupation
of Crown Lands for gold-mining purposes. 46. Upon application by the owner of improvements in author
ized occupation by residence under any Act in force for the regulation
of mining on Crown Lands of land within a proclaimed gold-field theGovernor may sell and grant such land to such owner without compe tition at a price to be fixed by the Local Land Board not being less
tban
than at the rate of eight pounds per acre for town lands and two pounds ten shillings per acre for suburban and other lands or two pounds ten shillings for any area less than one acre Provided that such sales be made in accordance with the general subdivision of the land and embrace only allotments or portions on which the improve ments may be and that the areas to be sold shall not exceed one quarter of an acre for town lands and one acre for suburban or other lands Provided also that such price shall be exclusive of the value of the improvements And for the purposes of this section improvements
of value equal to the respective minimum rates hereinbefore provided
for shall be sufficient Put no person shall be permitted to make a
subsequent purchase within three miles of a prior purchase by him.
Conditional Purchases without Residence.
47. Crown Lands open to conditional purchase may be con ditionally purchased as hereinbefore provided without conditions of residence but subject to the conditions of forfeiture as hereinbefore provided by any person of the age of twenty-one years or upwards
subject however to the qualifications and conditions following:—
(i .) No area purchased under this section shall be less than forty
acres or shall exceed three hundred and twenty acres And
no person shall be permitted to make a second or subsequent purchase under this section except by way of additional con ditional purchase which together with the original purchase shall not exceed three hundred and twenty acres.
(n.) No person who has purchased under this section shall be permitted to make any other conditional purchase whatsoever under this Act And no person who has made a conditional purchase under this or any of the repealed Acts shall be permitted to make or to hold a conditional purchase under this section.
( in . ) The deposit and all subsequent instalments shall be double those respectively prescribed on ordinary conditional purchases and shall be paid to the like persons and at the like periods.
(iv.) "Within twelve months after the survey of the land so pur with a substantial fence of any of the prescribed classes of chased the boundaries thereof shall be fenced by the purchaser fencing Put the provisions for extension of time and exemp tion from fencing frontages in certain cases contained herein before shall apply to conditional purchases made under this
section.(v.) Five years after the survey of the land so purchased the purchaser shall produce to the Local Land Board evidence
satisfactory to such Board that he has expended a sum not less than one pound per acre upon permanent improvements
otherwise than for the boundary fencing And upon the pro duction of such evidence; he shall be entitled to a certificate to the like effect as is hereinbefore provided.(vi.) The estate or interest of a purchaser under this section shall
be incapable of being transferred alienated mortgaged
encumbered or pledged until after the issue of such certificate
by the Local Land Board but subject to the payment of instalments due on the land purchased may devolve or be trans
ferred by operation of law.
K Conditional
Conditional Leaseholds.
48. Any applicant for a conditional purchase or additional con
ditional purchase of land under this Act other than for such purchase without residence within the Eastern Division (not being within any
Special Area in that Division) and any applicant for a like purchase in
the Central Division who desires to obtain in connection with such purchase a conditional lease of adjoining land may lodge with the Land Agent an application for such conditional lease in the prescribed form
The area to be allotted under such lease shall not exceed three timesthe area of the conditional purchase by virtue of which it is applied for Provided that the conditional purchase with any additional conditional purchases shall not together with such conditional lease exceed in the Eastern Division twelve hundred and eighty acres and in the Central
Division two thousand five hundred and sixty acres but such conditional lease shall in no case exceed more than three times the area of such
conditionally purchased land but the Local Land Board if the area applied for under such lease be not available may allot the applicanta lesser area not being less than forty acres in any case and such con
ditional leasehold shall be surveyed and reported on in the prescribed manner And the application may be confirmed or disallowed as in the
case of conditional purchases.
49. The annual rent to be paid for land conditionally leased shall
be such sum not less than two-pence per acre as the Local Land Board subject to the approval of the Minister shall determine as the fair
rental thereof.
50. On the expiration of five years from the date of the con
firmation of application or within six months thereafter and upon the fulfilment by the conditional purchaser of all conditions prescribed by this Act in respect to his conditionally purchased land the conditional purchaser shall have the right of conditionally purchasing free from the condition of residence the whole of the land held by him under such conditional lease or any portion thereof not being less than forty acres but every such area so purchased shall adjoin the original or any additional conditional purchase I f the conditional purchaser does not
exercise his preferent right under this section or only exercise it in part
he may extend his conditional lease or so much thereof as he may not have conditionally purchased for a further period of five years without the preferent right to purchase but subject however to the same con
ditions as to residence as hereinbefore provided or the land covered by
such preferent right or any land which shall not be conditionally purchased, as aforesaid shall at the expiration of the extended term of lease
become Crown Lands for the purposes of this Act.51 . The conditional lessee shall within the like period and sub
ject to the same conditions and provisions as are applicable to condi
tional purchasers fence the outside boundaries of such conditionally leased land with a fence of the like nature as may be prescribed Provided that it shall be sufficient for the fence to be erected on the
exterior boundaries of the conditional purchase and conditional lease soas to enclose the whole area Provided always that tin; conditional purchaser may fulfil his condition of residence or any part thereof upon his conditionally leased land instead of upon his conditionally purchased land if he has lodged with the Local Land Board a notice in the pre
scribed form of his intention so to reside.52. All holders of lands under pre-emptive lease on the thirty-
first day of December one thousand eight hundred and eighty-four
granted in virtue of conditional purchases and adjoining thereto may within ninety days after the commencement of this Act apply in the
prescribed
prescribed manner to convert such pre-emptive into conditional leases under this Act and subject to all the conditions and provisions therein contained relating to conditional leases except the condition of residence and preferent right of purchase and subject to the recommendation of the Local Land Board and to the approval of the Minister Provided that the aggregate area of conditional purchases by virtue of which conditional leases may he granted under this clause; shall not exceed one thousand two hundred and eighty acres held by one person being the applicant for such conditional lease and the aggregate area of such conditional leases which shall not be granted in more than two areas may be but shall not exceed three times the area of the conditional purchases by virtue of which they are granted (and in allotting such conditional lease if there be not sufficient land available to satisfy the
claims of adjoining applicants the Local Land Board may subject to
the approval of the Minister allot all the available land between them proportionate to the areas of the pre-emptive leases held as far as the provisions for survey as by this Act provided will permit) Provided further that the conditional purchases by virtue of the aggregate area of which a conditional lease is applied for need not be adjoining each other but they shall all be in the same Land District Provided that the provisions of this clause shall not apply to the holder of any conditional purchase the transfer of which was notified to the Land Agent subsequent to the fifteenth day of Ju ly one thousand eight hundred and eighty-four Provided further that the pre-emptive lessee shall have a right to occupy the land embraced within his pre-emptive lease which is convertible under this section
subject to the payment of the rent fixed for the conditional lease
pending the disposal of his application by the Minister Provided further that where any land by virtue of which the rights conferred
by this section may be exercised is under mortgage the conditional lease may be applied for by the mortgagee or mortgagor subject to the
limitation as to area herein expressed.
53. I f at the expiration of the prescribed term of residence the
Local Land Board is satisfied after due inquiry that all conditions
applicable to a conditional leasehold have been duly fulfilled by the holder of such leasehold the Board shall issue to such holder on application a certificate to that effect which shall be prima facie evidence of the right of the holder to make a conditional purchase out
of his conditional leasehold as hereinbefore provided subject however
to the like conditions of payment of deposit and instalments as are
| hereinbefore prescribed. |
54. Any holder of a conditional purchase of land made under any of the Acts hereby repealed within the Eastern or Central Division (not being within any Special Area in that Division) who desires to obtain a similar conditional lease of land adjoining his conditional purchase shall within ninety days after the commencement of this Act lodge with the Land Agent an application for such conditional lease in the prescribed form which shall be dealt with in the same manner and be subject to the same conditions as in the case of a lease applied
for by virtue of a conditional purchase made under this Act except
that he shall reside for five years from the confirmation thereof upon such conditionally-leased land Provident always that residence by such conditional purchaser on his conditional purchase for five years from the confirmation of application for such conditional lease shall
be held to be fulfilment of the condition of residence in respect of
such conditional lease notwithstanding its being at the same time; the fulfilment in part of the conditio]! e)f residence on his conditional purchase.
Measurement
Measurement of Conditional Purchases. 55. Measured Crown Lands shall upon being conditionally
purchased be taken in portions as measured but if the area applied for
be less than a measured portion such portion may on approval by the Local Land Board be subdivided but in that case the applicant shallpay the cost of survey for such subdivision.
56. All land conditionally purchased if unmeasured and having
a frontage shall subject to the provisions hereinafter contained have a
depth of not less than sixty chains for any area not exceeding one hundred and eighty acres and for any larger area shall have a depth of not less than twice the frontage and shall have the boundaries other than the frontage directed to the cardinal points but if having no frontage shall be measured either as a square or a rectangular block
of which the sides including each right angle shall not exceed the
proportion of two to one And no land shall be considered to be measured until the plan of the measurement shall have been approvedof by the district surveyor or an officer duly authorized in that behalf of
which approval his signature on such plan shall be prima, facie evidence.57. No error or uncertainty in the description of land condi tionally purchased either before or after the passing of this Act shall invalidate the purchase in any case where the Local Land Board is satisfied that the land occupied by the conditional purchaser is the land intended to be described in his application And if the Board shall notify to a conditional purchaser the description of the land purchased by him as finally approved by the Board such notification shall be conclusive evidence that the land therein described is the land conditionally purchased.
58. In any case where any portion of land purchased is found
to encroach upon or be included within an area reserved or exempt from
sale or to encroach upon or be included within other land purchased
the title of the holder of or the claim of the applicant for any such purchase shall not be prejudiced or affected further than to the extent
of the encroachment on or inclusion within such area if the residue be
not less than forty acres.
59. All additional conditional purchases shall in respect of
measurement and frontage be subject to the conditions and provisions
following viz.—(i.) Every such purchase when the area applied for does not with the original purchase exceed one hundred and eighty acres
shall have a depth of not less than sixty chains but where
the area applied for as an additional purchase together withthe original purchase or with any prior additional conditional purchase amounts to or exceeds one hundred and eighty acres then such additional conditional purchase shall be measured in combination with the original and any prior additional conditional purchase in such a manner as to give a figure having a depth of not less than twice the frontage thereof or as nearly as may be practicable of such dimensions,
( i i . ) Where additionally-purchased lands have no frontage each portion so purchased shall be measured so as to form in combination with any prior purchase or purchases cither a square or rectangular block as hereinbefore described And
all succeeding purchases shall be measured in a like manner,
( i i i . )
The intervention of any road not being a frontage or intended frontage road between an original conditional purchase and any additional conditional purchase or conditional lease applied for under this Part shall not be an objection to the measurement of the land so applied for and in every such
case
case the additional purchase or purchases or conditional lease
shall be measured as herein provided But if such road be a frontage or intended frontage road no additional conditional purchase or conditional lease shall be allowed for land not on the same side as the purchase or purchases by virtue of which such additional conditional purchase or conditional lease is applied for unless all the available land on that side has been exhausted then such additional conditional purchase or purchases or conditional lease maybe measured on the opposite side of such road or intended road and with frontage thereto.
60. Notwithstanding any of the provisions of this Act when
ever it shall appear desirable to the Local Land Board or the Minister
Crown Lands may be measured across any frontage road or intended
or designed frontage road and the boundaries of portions having
frontages may be made approximately at right angles with the frontage and may be so applied for and may be otherwise modified although such modification may have the effect of altering the frontage or depth of any portion or the direction of any other boundaries thereof as hereinbefore prescribed and the boundaries of portions having no frontages may be modified in like manner and necessary roadways trigonometrical stations and sites for and sources of water supply may
be excluded from any measurement.
Auction Sales.
01. Crown Lands not exceeding in the aggregate for the whole
Colony two hundred thousand acres in any one year may be sold by
public auction at such places in the Land District in which the lands
arc situated and at such times as the Minister shall direct and notify
in the Gazette not less than two months nor more than three months
before the day of sale And the upset prices per acre shall not bo
lower than for Town lands eight pounds—Suburban lands two pounds ten shillings—other lands one pound five shillings But such upset prices may be respectively fixed at any higher amounts and the value
of improvements if any may be added thereto and if it should appear
that such improvements were made under misapprehension or for other sufficient reason the Governor may remit or refund the value
thereof to the improver or his representatives Town lands shall not
he sold under this section in areas exceeding one half acre Suburban lands shall not he sold in areas exceeding twenty acres and Country
| lauds shall not be sold in areas exceeding six hundred and forty acres. | 02. A deposit of not less than one quarter of the purchase money |
for all lands sold by auction shall subject to the provisions of the last
preceding section be paid by the purchaser at the time of sale In case the purchaser fails to pay the deposit the land may be again ottered by the Land Agent who shall not accept any bid by the person so failing to pay And unless the remainder of such purchase money be paid within three months thereafter the sale and contract may be declared void and the deposit forfeited Provided that the Minister may authorize the payment after the expiration of such period of the balance of the purchase money together with a fine of ten per cent, thereon.
Special Sales without competition,
03. The Governor may authorize the rescission of any reservation
of water frontage on the sea-coast or to any bay inlet harbour or
navigable river or of land adjoining such frontage contained in any Crown grant either wholly or to such extent and subject to such conditions and restrictions as he shall think fit The land the subject
of
of such rescission on payment in the prescribed manner of the fair
value thereof to be determined by the Minister within the Metro politan Land District and elsewhere by the Local Land Board being not
less than the minimum upset price per acre of the class of land as
hereinbefore set forth in regard to auction sales may be granted to the owner of the land contained in such Crown grant Provided that nothing in this section shall empower the Governor to grant any land used as a public thoroughfare or any land set apart and dedicated for any public purpose Provided also that notice for four consecutive weeks shall be given in the Gazette and some local newspaper if any
before the issuing of such grant and that the applicant shall pay all costs of survey reports notification and deed fee incurred in dealing
with any application under this section.
64. The Governor may on his application authorize any pro prietor in fee simple of land having frontage to the sea or to any tidal water or to any lake to reclaim any land adjoining thereto and lying beyond or below high-water-mark and on completion of such reclama tion to the satisfaction of the Minister within the Metropolitan LandDistrict and elsewhere of the Local Land Board and payment in the
prescribed manner of the fair value of the land so reclaimed to be appraised by the said Board on the basis of one-half of the net market value thereof ascertained after deduction of the cost of reclamation the land so reclaimed shall be granted to such proprietor Provided always that no such reclamation shall be authorized which may interrupt or interfere with navigation and provided also that the application to reclaim such land shall be published in the Gazette and some local newspaper if any for four consecutive weeks before such authority
for reclamation shall be given and that the applicant shall pay all costs of survey reports notification and deed fee incurred in dealing
with his application.65. At any time before the expiration of the four weeks m the
last two sections mentioned any person feeling aggrieved may in the prescribed manner lodge a caveat with the Minister or Local Land
Board (as the case may be) setting forth objections against the
authorization of any such rescission or reclamation as aforesaid and shall at the time of lodging the same deposit therewith the prescribed sum and all such applications shall be dealt with as hereinbefore provided in reference to other caveats.
66. Crown Lands to which no way of access is attainable or
which are insufficient in area for conditional sale or are situated
the way of approach to such granted land or are encroached on by between granted land and a street or road which forms or should form buildings erected on granted land may be sold after recommendation by the Minister or the Local Land Board as the case may be to the proprietor or proprietors in fee simple of adjacent lands at a price to be determined by the Minister after report by the Local Land
Board being not less than the minimum upset price per acre of the class of land as hereinbefore set forth Purchasers under this section
shall in addition to the price of the land applied for pay the cost of survey report and deed fee incurred in dealing with such applications.
67. "Whenever the proprietor in fee simple of land adjoining a road reserved exclusively for access to such land which is not required
for public use or convenience applies to the Minister to close such road or whenever any road proclaimed through any land renders unnecessary a reserved or other road bounding or traversing that or any neigh
bouring land the Governor may declare by notification in the Gazette under the hand of the Minister and in a local newspaper that such reserved or boundary road will be closed unless valid objections are
offered and at any period not less than three months after the
publication
publication of such notice the road may be closed and the land granted to the owner or owners of adjoining lands in fair proportions or in accordance with any agreement made by such owners And the value of such land to be determined by the Local Land Board shall
be paid for the same as well as all costs of survey report and deed fee
incurred in dealing with such application I f any road which is found to be unnecessary pass through any conditional purchase it may be
closed in like manner and the area of such closed road may be added
to the conditional purchase subject however to the like conditions of payment of deposit and instalments as are applicable to conditionally purchased land and also to the payment by the conditional purchaser
of all costs and charges in connection with the resumption and
annexure of such land.
08. On the approval of any application to purchase made under
any of the last live preceding sections such approval shall be notified in the Gazette And if within three months after such notification the applicant shall fail to pay the full amount of purchase money together with the deed fee and all costs demanded for survey and reports incurred in connection with the land applied, for the right to purchase; such land may be treated by the Minister as having lapsed and the land itself may be sold by auction or reserved or otherwise disposed of pursuant to the provisions of this Act.
09. I n any case where the opening of a new road or the
diversion of an existing road through alienated land renders unneces sary any existing road through such land such road or any part
thereof may be granted in full or part satisfaction to the owner of the
land traversed by it or if the road so rendered unnecessary be a boundary road it may be granted in like manner or an equivalent area
of adjoining Crown Land if available may be granted to such owner in
lieu of the new or diverted road.
P A R T I V .
| OCCUPATION—Division of Huns—Pastoral Leases—Occupation | Licen |
ses—Homestead Leases—Annual Leases for Pastoral Purposes—
Special Leases—llingbarking by Lessees—General Provision affecting Lessees and Licensees.
70. All Pastoral Holdings shall subject to the provisions of this
Act and until brought thereunder by notification in Gazette of their division or being otherwise dealt with as hereinafter provided continue to be subject to the same rights of occupation by runholdcrs and to the same terms and conditions of occupation as before the commencement
of this Act.
71. Every runholder shall within one hundred and twenty days
after the commencement of this Act lodge; with the Minister a written
application for a Pastoral Lease in the prescribed form of whichever portion of his run may be converted into a Leasehold Area under this Part and with such application shall furnish a plan of his Pastoral Holding on the prescribed scale showing to the best of his knowledge and
ability the boundaries and area of such holding together with all ranges
watercourses lakes or other natural features within such boundaries and shall also mark on such plan the position of all lands held or occupied by him under any tenure other than Pastoral Lease and of all improvements upon such holding made; by him or of which lie> claims to be the owner and shall furnish in the prescribed form a statement
of
of the average grazing capabilities of the holding the nature and value of the improvements thereon together with any other information
required by the Minister and the runholder shall divide by a lino or
lines the entire area of all Crown Lands situated within such pastoralholding into two parts as nearly equal in area as practicable and after receipt of the plan mentioned the Governor may by notice in the Gazette reserve temporarily from conditional sale any land within such pastoral holding divided as aforesaid pending a determination of which part shall be converted into a Resumed Area.
72. When the same portion of land appears to be included
within different Pastoral Holdings the Minister shall decide upon a
line or lines which shall be the boundary as between such holdings so
as to determine the position of such land for the purposes of this Act
The Minister may accept any application for a Pastoral Lease as sufficient or he may call upon any runholder to amend or supplementany application plan or document and every runholder who shall refuse
or neglect to supply such further information as may be required
Avithin such time as the Minister shall prescribe may be deemed not to have made the application required by this Part.
73. I f any runholder shall fail or neglect to make such application or shall in any Avay fail to comply with any of the requirements
of the preceding sections of this Part he shall not be entitled to a
Pastoral Lease of the leasehold area of his Pun unless he shall satisfy the Minister that such failure was not due to any wilful negligence on his part.
74. After receipt by the Minister of any application he shall
cause to be marked upon the plan of the Pastoral Holding all portions
of alienated land not already shown thereon within such holding andshall thereafter notify to the runholder which part is to be the Resumed
Area and which the Pastoral Lease but the Minister if not satisfied with
any proposed division may require the same to be amended by the runholder until it becomes satisfactory to him and upon failure of the runholder to make any such division the Minister may determine the dividing line or lines and deal with such holding under the provisions in this Act.
75. I n order to facilitate the division of runs for the purposes
of this Part the following provisions shall take effect viz.—
(i.) The division may be a line or lines or a natural feature or a frontage or any combination of the same,
(n . ) I t shall be lawful for the Governor to accept a surrender from the runholder of any portion of land of which he at the passing of this Act holds a grant or is entitled to demand a grant which is situated within the resumed area and to assure to him by way of exchange for the land so surrendered an equal area within' the leasehold area and for this purpose the Governor may make grants of all lands so exchanged Pro vided however that the runholder shall apply for such exchange of land within one year from the settlement of the division of the run. ( in . ) I t shall be lawful for the Governor to accept a surrender from the runholder of any portion of land within the resumed area acquired by purchase from the Crown up to the passing of this Act whether with or without conditions and held by such runholder and in consideration thereof to refund to him out of moneys available for that purpose a sum not exceeding the whole amount paid to the Consoli dated Revenue in respect of the land so surrendered I t shall
also be lawful for the Governor to accept the surrender from
the holder of any conditional purchase in the Western
Division
Division upon the like terms of refund and compensation for
improvements as hereinafter provided Provided however that the offer of the surrender of such land shall he made within one year from the settlement of the division of the run.
(iv.) I f it shall appear to the Minister that by reason of insufficient area of any run held as one holding on the twenty-fifth day of
June one thousand eight hundred and eighty-four a division is not expedient the Governor may proclaim the whole area thereof a leasehold area,
(v.) Every runholder and holder of a conditional purchase whose surrender has been accepted under this section shall be entitled to compensation for improvements on land surrendered to be determined by the Minister after appraisement by the Local
Board.
(vi.) All lands surrendered to Her Majesty under this section shall
become Crown Lands subject to the provisions of tins Act.
70. "When the division of the run shall have been determined
by the Minister as hereinbefore provided a notification thereof shall be
published in the Gazelle and the runholder shall thereupon become entitled to a Pastoral Lease of the leasehold area Provided that until the rent thereof be determined he shall continue io pay the same rent as before the division of such runs and when the rent shall be determined as hereinafter provided he shall for the time elapsed pay the difference between the rent paid and the rent determined.
77. Whether the notification of the resumed area shall have been published or not the runholder shall have the right fo occupy such area for grazing purposes subject to the provisions hereinafter contained relative to occupation licenses.
Pastoral Leases.
78. The Governor may grant Pastoral Leases of leasehold areas
subject to the provisions following—
(i.) In the Western Division every such lease shall be for the term
of fifteen years—in the Central Division for the term of ten years—and in the Eastern Division for the term of five years and every such lease in the Western Division shall commence at the date of determination of the existing lease or if more
than one lease be held by the same runholder then at a date calculated with due regard to the mean date of determination
of such leases.
(n . ) The rent shall in all cases commence from the date of the notification of the division of the Pastoral Holding and be determined by the Minister after appraisement by the Local Land Board Avhich shall conduct all appraisements in the prescribed manner The yearly rent in the "Western Division shall not be less than one penny per acre in the Central
Division not less than three half-pence per acre and in the
Eastern Division not less than one penny per acre,
( in . ) In the Western Division the rent so determined shall apply to
the first period of five years of the lease and such rent shallbe increased by one-fourth for the next period of five years and for the residue of the term by one-half In the Central Division the rent so determined shall apply to the first period of five years of the lease and such rent for the residue of the term shall be increased by one-fourth In the Eastern Division the rent so determined shall apply to the whole term of the lease
L ( I V . ) (iv.) Pastoral Lessees shall have a right at the expiration of their leases to an extension thereof for the term of five years subject to the payment of such annual rent as the Minister after appraisement by the Local Land Board shall determine
not being less than the rent paid for the last past five years of the currency of such lease Provided always that no extension shall be given to any such lessee if the Minister shall have notified in the Gazette two years prior to the expiration of the original lease that no such extension shall
be given.
(v.) Whenever the rent of a Pastoral Lease shall be determined
notice thereof shall be published in the Gazette and shall
be notified to the runholder in the prescribed manner and
if within the time and according to the manner prescribed
the runholder shall fail to pay into the Treasury the amount notified to be due under such lease his right thereto shall be
liable to forfeiture.
(vi.) The holder of a Pastoral Lease may surrender his lease at the end of any term of five years if he shall have given the
Minister not less than three months' notice of his intention to
surrender the same.
(vn.) The Governor may withdraw from lease any land required
for any public purpose including for the purposes of settlement for towns and villages and upon publication in the Gazette of such withdrawal the lessee shall be entitled to such compensation in respect of the land so withdrawn for the unexpired term of such lease and for improvements lawfully made by such lessee upon the land so withdrawn from lease as may be determined by the Minister after appraisement by the Local Land Board.
balance of purchase money or of instalments thereof shall have been
duly fulfilled And all transfers shall be notified to the Land Agent
in such form as may be prescribed.
118. The holder of a Pastoral Homestead or Conditional Lease may transfer his right of lease in the prescribed manner but the holder
of a Homestead Lease shall have no power to transfer the same until
he shall have fulfilled the condition of residence and a Conditional
lease shall not he transferred except with the land in virtue of which
it was granted.
119. I-jvery transfer of land conditionally pui'chasod if made
by a person not under legal disability shall subject to the provisions
and conditions of this Act he deemed to pass to the transferee the whole estate and interest whether at law or in equity of the transferor
of such land as effectually to all intents and purposes as if a conveyance
or assignment under seal of such estate and interest to such transferee
had been duly executed by such transferor but this enactment shall besubject to the conditions following namely :—
(i.) The equities of all persons claiming any estate or interest in any such land by matter prior to the date of execution of any such transfer shall not be affected by this section but shall
be capable of assertion and enforcement as if this Act had
not been passed.
(ri.) No transfer shall have the effect hereinbefore expressed unless such transfer has been made executed and lodged in accordance with the Regulations,
(in.) No such transfer shall prejudice or affect any conveyance or assignment or any other assurance under seal relating to land conditionally purchased if such conveyance assignment or assurance shall have been previously registered as by law required in the office of the General Registry of Deeds inSydney.
120. The effect given to duly registered deeds and instruments
affecting lands hereditaments and other property by the eleventh section
of the Registration Act seventh Victoria number sixteen shall be deemed to be annexed and to be incident to all transfers within the meaning of this Act i f duly registered under the said Registration Act
after the prescribed registration or record thereof in the Books of the
Department of Lands shall have been duly effected.
Legal Provisions.
121. Every devise contract lease agreement or security made
entered into or given before at or after the date of any application to make a conditional purchase conditional lease or homestead lease with the intent of having the effect of enabling any person other than the applicant to acquire by purchase or otherwise the land applied for shall be illegal and absolutely void both at law and in equity.
122. I f any person knowingly and with intent to defeat or evade
or commit any fraud upon the provisions or purposes of this Act shall
induce or make use of any other person to make any conditionalpurchase or to execute any will or to enter into any contract lease or agreement declared by this Act to be illegal or to become the purchaser
lessee or licensee of any land otherwise than for the use benefit and
advantage of such purchaser lessee or licensee the person so offending shall be guilty of a misdemeanour and shall be liable to be imprisoned and kept to hard labour for any term not exceeding two years and not
less than three months.
123. Any person between the ages of sixteen and twenty-one
years who after the passing of this Act shall become the owner of a conditional purchase or conditional lease and shall during his owner ship either personally or by an agent enter into any agreement for or in relation to the performance of any work or rendering of any services on such conditional purchase or lease or in relation thereto or to the loan of money or the sale or purchase of goods and chattels of any description whatsoever or shall in like manner enter into any agreement
connected with the occupation management or general purposes of
such conditional purchase or lease not being in violation of the
provisions
provisions of this Act shall be subject to the same liabilities and have the same rights in respect of such agreement as if he were of the full age of twenty-one years.
124. No minor shall be capable of accepting or holding any
lease or license under this Act except in so far as a minor not less than sixteen years of age is permitted to hold a conditional lease by virtue
of a conditional purchase or by way of inheritance nor shall any married
woman be capable! of holding any such lease or license except as sepai'ate estate by virtue of any law in force protecting the property
of married women.
125. I f any conditional purchaser under this Act shall die or
be declared a lunatic before the fulfilment of the prescribed conditions
of residence and fencing his conditional purchase may with the approval
of the Local Land Board together with any conditional lease or right
of conditional lease attached thereto (if any) be held by his representa
tives or their assigns subject to the fulfilment by them of all unful
filled conditions except the condition of residence but in trust for and for
the benefit of the persons rightfully entitled And any sale transfer
or other disposition whatsoever of the estate right title or interest of
any conditional purchaser by an official assignee or other lawful authority upon the insolvency of such purchaser or by a Sheriff or
Registrar of a District Court or any other person by virtue of or under
the authority of any writ of execution or other process of any Court
or by the trustees of any deed of assignment for the benefit of creditors or by any person under any decree or order of any Court shall pass to a purchaser or to any other person only such estate right title or interest
as the conditional purchaser himself was entitled to at the date of sequestration writ process decree order or assignment respectively and
subject to all conditions remaining unfulfilled at such date The
provisions of this section shall apply to conditional purchasers under any of the said repealed Acts who shall hold or be entitled to make application for a conditional lease.
VZb. The acceptance by or on behalf ol: the Crown of any purchase money or part thereof in respect of any conditional purchase
or of interest or rent or other payment under any lease shall not he
held to operate hereafter as a waiver by the Crown of any forfeiture accruing by reason of the breach of any condition annexed by law to the estate or interest of a conditional purchaser or of a lessee or licensee.
127. A copy of any application letter document or instrument
of any kind whatsoever relating to any purchase reservation dedication
lease plan or right to or disposition of land under any Act hereby
repealed or this Act and whether of the original or of any press copy
thereof and of any endorsement or memorandum upon the same certi
fied by the officer having the custody thereof to be correct shall be admissible in evidence in every case in which the original would be admissible and without proof that the person so certifying is the officer having the custody thereof if he shall state in his certificate that he has such custody.
128. In any action or suit brought to recover possession or to
recover damages for trespass upon or otherwise in relation to any
Crown Lands of which no lease from the Crown shall have issued it shall be lawful for any party thereto to plead and put in evidence any promise engagement or contract from or with the Crown or its agents lawfully authorized in that behalf and such promise engagement or contract shall as between the parties and subject to the provisions of this Act have the same effect as if a lease from the Crown of such lands had been duly issued in pursuance of such promise engagement
or contract to the party entitled thereunder and any receipt by or on behalf of the Colonial Treasurer for rent of such lands for the year
then
then current shall according to the tenor thereof be prima facie evidence that the party therein named is the holder of the lease or promise of lease thereof for the time being.
129. All actions or other proceedings against any officer acting under the provisions of this Act for anything wrongfully done under or against the provisions of this Act or any of the said repealed Acts shall be commenced within twelve months after the matter complained of was committed and not otherwise And notice in writing of any such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the proceeding And in every such proceeding the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon And no plaintiff shall recover in any such proceeding if tender of sufficient amends shall have been made
before the same was commenced or i f a sufficient sum of money shall
have been paid into Court after such commencement by or on behalf of the defendant together with costs incurred up to that time And if
a verdict shall pass for the defendant or the plaintiff shall become
nonsuit or discontinue such proceeding or if upon demurrer or other wise judgment shall be given against the plaintiff the defendant shall
recover his costs and have the like remedy for the same as any defendant
has by law in other cases.130. No person occupying land under a conditional purchase or
conditional or homestead lease shall be entitled to bring any action
for trespass (other than a wilful trespass) on such land until he shall
have fenced such land pursuant to the provisions of this Act.
131. On information m writing preferred m that behalf by any person duly authorized to any Justice of the Peace setting forth that any person is in the unlawful occupation of any Crown Land or in the occupation of any Crown Land in virtue or under colour of any purchase
lease or license although such purchase lease or license shall have been forfeited or otherwise made void or although the conditions thereof shall
have been broken or unfulfilled or although such lease or license shall have expired such Justice shall issue his summons for the appearance of the person so informed against before two or more Justices of the Peace at the nearest Court of Petty Sessions to such Crown Land at a time to be specified in such summons And at such time and place such Court on the appearance of such person or on due proof of theservice of such summons on him or at his usual or last known place
of abode or business shall hear and inquire into the subject matter of
by the admission of the person informed against or on other sufficient such information And on being satisfied of the truth thereof either evidence such Justices shall issue their warrant addressed to any officer duly authorized in that behalf requiring him forthwith to dispossess and remove such person or any buildings from such land and to take possession of the same on behalf of Her Majesty and the person to whom such warrant is addressed shall forthwith carry the same into
execution. 132. I f any person wilfully destroys or damages any dam tank
well excavation boring or other work lawfully constructed sunk or
made or in course of lawful construction sinking or making for the pur pose of impounding or supplying water on any land whether alienated
by or under lease or license from the Crown under this Act or any Act
hereby repealed such person shall be guilty of felony and be liable to penal servitude for any term not exceeding ten years or to imprison ment with or without hard labour for any term not exceeding three years And if any person wilfully destroys or damages any fencingor improvement other than those before mentioned lawfully constructed or made by any holder of a conditional purchase lease or license
whether
whether under this Act or any Act hereby repealed, (which lawfulness the Court shall have power to determine) such person shall he liable to a penalty not exceeding' fifty pounds or to be imprisoned with or without hard labour for any term not exceeding six months and to pay in addition such fine by way of compensation to the person injured as the Court may order.
133. Any person unless lawfully claiming under any subsisting
lease or license or otherwise under any Act hereby repealed or under
this Act or under any Act in force for the regulation of mining who shallbo found occupying any Crown Land or land granted reserved or dedicated for public purposes either by residing or erecting any hut
or building thereon or by clearing digging up or enclosing or cultiva
ting any part thereof or by cutting timber other than firewood not for
sale thereon or by obtaining stone therefrom or otherwise or who shall
strip or cause to be stripped the bark of any tree thereon shall be
liable on conviction to a penalty not exceeding five pounds for the first offence and not exceeding ten pounds for the second offence and not exceeding twenty pounds for the third or any subsequent offence
Provided that it shall not be lawful for the holder of any leasehold under this Act to obstruct any Government Surveyor or other authorized person from entering upon such leasehold whenever such Surveyor or other authorized person may require to do so.
131. I f any person shall unlawfully and wilfully obliterate
remove or deface any boundary or survey mark or any land-mark or
beacon made or erected by the authority of the Surveyor-General or by or under the direction of any authorized Government officer such
person shall be guilty of a misdemeanour.
135. I f it be proved by inquiry before the Local Land Board that any statement in writing or any statutory declaration or evidence on oath has been made or given for the purpose of misleading any
officer authority or person in the exercise of his duty or office under
this Act or that any such statement declaration or evidence wilfully misrepresents facts or that any fraudulent attempt has been made to prove that the conditions o f this Act have been complied with then and in any such case the Minister may declare any conditional purchase
or leasehold in connection with which such statement declaration or
evidence was m a d e or given to lie fo r fe i t ed t o g e t h e r with a l l m o n e y s paid on account of or in connection with such conditional purchase or
lease. Provided that no forfeiture shall beheld to affect any transferree
unless declared within twelve months after the issue of the certificate
| hereinbefore provided by the Local Board Provided also that the | Governor may by notice in the Gazette reserve such forfeited land |
| from sale or lease or may annex it to the holding (if any) within the boundaries of which it may be situated at the time of forfeiture and in such case rent therefor shall be payable thereafter at the same rate as | |
| is charged for the holding to which it is annexed. | |
| 13G. Every forfeiture of land conditionally purchased whether under this Act or any of the said repealed Acts shall be deemed to operate as a forfeiture of all additional conditional purchases held in virtue of such first-mentioned lands as well as of all conditional | |
| leases or rights attached to the lands so forfeited and whenever any | |
| land shall be forfeited under this Act such land shall become Crown Land and may be dealt with as such but no forfeiture of any purchase | |
| or lease under this Act or any Act hereby repealed shall take effect | |
| until the expiration of thirty clear days after notification of such forfeiture in the Gazette. | |
| 137. Every grant and registration copy of such grant issued under this Act or under any Act hereby repealed shall for the pur pose of enabling the Crown to proceed by way scire of facias for the |
N repeal repeal of any grant issued improvidently or inadvertently or in violation of the provisions of any such Act as aforesaid be deemed to be a record of the Supreme Court notwithstanding anything in the
Real Property Act or any Act amending the same to the contrary.
138. No conditional or additional conditional purchase made under any of the Acts hereby repealed shall be held to be void by reason only of the application therefor having been tendered by an agent or of more than one such application having been made by the same applicant on the same day or of the land having been applied for by a conditional purchaser not residing at the time of the application on the land by virtue
of which an additional conditional purchase was made but nothing
herein shall be construed to relieve such conditional purchaser from fulfilment of the complete term of residence required by law And no conditional purchase shall be held to be void by reason only of any applicant having through erroneous or insufficient marking or definition
or description been allowed to conditionally purchase land extending
into or within a different Crown Lands District from that in which the same was applied for or by reason of the same having been measured with a greater frontage than eighty chains or a less depth than twenty chains or sixty chains as in the said Acts respectively prescribed provided that such measurement shall have been duly accepted thereunder And in any case in which the land applied
for was not open to conditional purchase but the applicant shall haveresided upon and made improvements on such land without question
by any authorized person for not less than one year after his conditionalpurchase then and in all such cases the Governor upon the recom mendation of the Minister may notify in the Gazette once a fortnight
for three months the particulars of such conditional purchase and it shall
thereafter be lawful for the Governor on the like recommendation to declare by proclamation in the Gazette such conditional purchase to be valid and such conditional purchase shall thereupon become and be a valid conditional purchase but subject, to the fulfilment by the holder
thereof of all conditions required by law And no pre-emptive lease
which may have been granted under the repealed Acts and which may
be converted into a conditional lease under this Act shall be void or
invalid by reason only that it was situated wholly or in part within the area of any previously forfeited pre-emptive lease Provided that no validation as herein mentioned shall take effect in any case where theillegality was wilfully committed or if a conflicting interest has arisen
or if the case has been finally disposed of in a lawful manner.
139. Whenever by any section of this Act or by any Regulation
made thereunder any person is made liable to a penalty or to pay any sum of money whether as compensation or in any other way and the mode of recovering such penalty or sum is not therein described such penalty or sum may be recovered before any two or more Justices of the Peace in Petty Sessions in accordance with the Acts in force for the time being regulating summary proceedings before Justices And
all sums of money ordered by any such Court to be paid and all costs
and expenses awarded by such Court may be recovered and enforced
by distress and sale of the goods and chattels of the person ordered to
pay the same and in default of sufficient distress such person shall be
liable to be imprisoned with or without hard labour for any term not exceeding three months unless such money costs or expenses be soonerpaid.
140. Whenever any question of law shall have arisen before a Land Board in a case transmitted on appeal to the Minister or shall
be before the Minister on any such appeal it shall be lawful for him
to state and submit a Case for decision by the Supreme Court thereon which decision shall be conclusive Every such case shall purport to
be
be stated under this section and shall state the names of the persons
who are parties to the appeal and be transmitted by the Minister under his hand to the Prothonotary of the Court to be dealt with as to the setting down of the Case for argument and the hearing of the same and its return with the decision of the Court thereon as the Judges or any two of them shall direct. The Court for the purposes of this
section may consist of two Judges only.
Miscellaneous Provisions.
1-11. Fencing within the meaning of this Act shall he deemed an improvement common to the land on either side of the line of such
fencing and whenever land adjoining that which forms a conditional
purchase or lease or a homestead lease has been or shall be alienated
or leased by the Crown conditionally or otherwise the person who
shall fence his land may demand and enforce from the purchaser or
lessee of such adjoining land or his alienee a contribution towards the cost of such fencing to the extent of one-half of the appraised value thereof but so far only as such fencing marks a common boundary-line
And while such fencing is maintained in good repair and condition by such person every owner lessee or occupant of adjoining lands shall be and remain liable as a contributory towards the cost of so maintaining such fence to the extent of one-half of the estimated cost thereof
The Local Land Board shall have power to hear and determine all
disputes and claims as to fencing between conditional purchasers and eontributories and to appraise all values and estimate all costs and determine the kinds of fencing to be erected within the meaning and for the purposes of this section And the adjudication of the Board shall in all cases be final and conclusive unless an appeal therefrom to the Minister shall be lodged by either party in the manner prescribed No holder of an annual lease under this Act and no holder of any lease having less than five years to run shall be liable as a contributory under this section towards the original cost of fencing but shall be liable as a contributory towards the cost of maintaining such fencing.
142. For the purposes of any lease or license granted under this
Act except a conditional lease it shall be sufficient if the land and
the boundaries thereof be defined by a general description and no such
lease or license shall be void by reason of the imperfection of any
such description if the land therein described is defined with reasonable
certainty.
any pastoral or homestead lease and upon such survey being made 143. The Minister may direct a survey of the boundaries of
may demand from the lessee towards defraying the cost of such survey
payment of any sum not exceeding twenty shillings for each linear
mile of the boundary so surveyed and in default of payment of such
sum within sixty days after notification of the demand in the Gazette
the lease shall be liable to forfeiture.
144. I t shall be lawful for any authorized person who may have marked on the ground any boundary of a leasehold that has been accepted by the Afinister to certify by signature to any plan repre senting such boundary that such representation is accurate and such plan shall thereupon be prima facie evidence of such boundary.
145. Whenever in any section of this Act the expression
"prescribed" is used in connection with any matter referred to in the context and Avhenever in any section of this Act " Regulations" are mentioned in connection with any such matter as aforesaid the Governor may in every such case frame Regulations for the purpose of giving effect to the provisions of such section And for the purpose of carrying this Act into full effect generally the Governor may make
Regulations
Regulations which may he provided for their enforcement by penalties not exceeding in any case fifty pounds and shall upon being published in the Gazette be valid in law Provided that a copy of every such Regulation shall be laid before both Houses of Parliament within fourteen days from the publication thereof if Parliament be then in Session or otherwise within fourteen days after the commencement of the next ensuing Session.
S C H E D U L E .
E A S T E B N D I V I S I O N .
That portion of the Colony of New South "Wales within the following boundaries
Commencing at Point Danger and bounded on the east by the waters of the South
the Colonies of Newr South Wales and Victoria westerly to a point on the Murray or Pacific Ocean southerly to Cape Howe thence on the south by the boundary dividingHume River at the eastern boundary of the Land District of Corowa as notified in the Supplement of the New South Wales Government Gazette of twenty-eighth Eebruary one thousand eight hundred and eighty-three No. 82 thence on the west by the boundary dividing the Land Districts of Corowa aforesaid Tirana Wagga Wagga Grenfell Eorbes Parkes Dubbo Coonabarabran Gunnedah Narrabri Bmgara and Warialda from the Land Districts of Albury Tumut Gundagai Cootamundra Young Cowra Molong "Wellington Cassilis Murrurundi Tamworth and Inverell as notified in the Supplement to the New South Wales Government Gazette of twenty-eighth Eebruary one thousand eight hundred and eighty-three No. 82 northerly to the Dumaresq Eiver thence on the north by the boundary dividing the Colonies of New South Wales and Queensland easterly to Point Danger aforesaid at the poiut of com mencement.
CENTRAL D I V I S I O N .
That portion of the Colony of New South Wales within the following boundaries Commencing on the boundary between the Colonies of New South Wales and Queens land at a point on the Dumaresq River where the eastern boundary of the Land District
of Warialda as notified in the Supplement of the New South Wales Government Gazette of the twenty-eighth February one thousand eight hundred and eighty-three No. 82
meets that river and bounded thence on the east by the boundary dividing the Land Districts of Warialda aforesaid Bingara Narrabri Gunnedah Coonabarabran Dubbo Parkes Forbes Grenfell Wagga Wagga Urana and Corowa from the Land Districts of Invorell Tamworth Murrurundi Cassilis Wellington Molong Cowrra Young Coota-
mundry Gundagai Tumut and Albury as notified in the Supplement of the New South Wales Government Gazette of the twenty-eighth February one thousand eight hundred and eighty-three No. 82 southerly to the Murray or Hume River thence on the south by the boundary dividing the Colonics of New South Wales and Victoria westerly to the
by the Murrumbidgee River upwards to the Lachlan River and thence by that river confluence of the Murray or Hume and Murrumbidgee Bivers thence on the north-west upwards to its eastern and western branches at the north-east corner of J . Tyson's portion No. 15 of two hundred and thirty-six acres parish of Tyson county of Caira thence by the boundary dividing the Juanbung and Moon-moon-curra Runs bearing north thirty-three degrees east to the Lachlan River and thence again by that river upwards to the confluence of the Kalingalungaguy Creek thence on the west by a marked lino bearing north twenty degrees west being the western boundaries of the Kyargathur North Kyargathur Flanagan's Swamp East Palisthan No. 2 Mombill Wicklow Block K Wicklow Block I I New Babinda Hermitage Plains Block A 2 and Hermitage Plains Block M Runs to the western corner of the last-named run thence again on the north-west by a marked line bearing north twenty-eight degrees east being the north-western boundaries
of Hermitage Plains Block M Hermitage Plains Block K Hermitage Plains Block I and Glenarift" Block C Runs to the north-west corner of Wes t Bogan No. I X Run thence by the Common boundary between that run and Wes t Bogan No. X Run being a marked line bearing north seventy degrees east fifteen miles to a stake bearing north eighty-six degrees east twenty-four links from a gum-tree marked broad-arrow over ix and broad-arrow over x on the west bank of the Bogan River and thence crossing that river to a stake on the cast bank bearing north fifty-four degrees cast fifty-six links from a gum-tree marked broad-arrow over TX and broad-arrow over x thence by the northern boundaries of Fast Bogan No. I X and Mondado Runs to the confluence
of Crooked Creek with Marra Creek thence again on the west by Marra Creek down wards to its confluence with the Darling or Barwon River and again on the north-west
by that river and the Macintyre River upwards to the point of commencement.
WESTERN
WESTERN DIVISION.
That portion of the Colony of New South Wales within the following boundaries Commencing on the boundary between the Colonies of New South Wales and Queensland at the intersection of the twenty-ninth parallel of south latitude with the Macintyre River and bounded thence on the south-east by that river and the Darling or Barwon River downwards to the confluence of the Marra Creek thence on the west by that creek
upwards to the confluence of Crooked Creek thence by the northern boundaries of
Mondado and East Bogan No. I X Buns to a stake bearing north fifty-four degrees east fifty-six links from a gum-tree marked broad-arrow over IX and broad-arrow over x on the east bank of the Bogan River thence crossing that river to a stake bearing north eighty-six degrees east twenty-four links from a gum-tree marked broad-arrow over i x and broad-arrow over x thence by the Common boundary between West Bogan No. I X and No. X Buns being a marked line bearing south seventy degrees west fifteen miles to the north-west corner of "West Bogan No. I X B u n thence again on the south-east by a marked line bearing south twenty-eight degrees west being the north-western boundaries of the Glenariff Block C Hermitage Plains Block I Her mitage Plains Block K and Hermitage Plains Block M Buns to the western corner of the last-mentioned run thence again on the west by a marked line bearing south twenty degrees east being the western boundaries of Hermitage Plains Block M Hermitage Plains Block A 2 New Babinda Wicklow Block I I Wicklow Block K Mombill Palis- than No. 2 Elanagan's Swamp East North Kyargathur and Kyargathur Buns to the confluence of Kalingalungaguy Creek with the Lachlan Biver thence by that river downwards to the boundary dividing Juanbung and Moon-moon-curra Buns thence by that boundary bearing south thirty-three degrees west to the junction of the eastern and western branches of the Lachlan River at the north-east corner of J . Tyson's portion No. 15 of two hundred and thirty-six acres Parish of Tyson County of Caira thence again by the Lachlan Biver to the Murrumbidgee River and again on the south east by that river downwards to its confluence with the Murray or Hume River thence on the south by the boundary dividing the Colonies of New South Wales and Victoria to its intersection with the one hundred and forty-first meridian of oast longitude being the boundary between the Colonies of New South Wales and South Australia thence on the west by that boundary northerly to its intersection with the twenty-ninth parallel of south latitude being part of the boundary between the Colonies of New South Wales and Queensland thence on the north by that boundary easterly to the Macintyre River at the point of commencement.
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