Crown Lands Act of 1889 (NSW)
No. XXL
A n Act to a m e n d t h e " Crown L a n d s Act of 1884," and to m a k e provision in o ther respects for t he m a n a g e m e n t and disposal of t h e Publ ic Lands , and for o ther pur poses. [1st October, 1889.]
T T T H E B E A S it is expedient to amend t h e " Crown L a n d s A c t of
V V 1 8 8 4 " and the " Crown Lands A c t F u r t h e r A m e n d m e n t A c t , "
and to m a k e fu r ther provisions wi th respect to t he al ienat ion, disposal,
occupation, and m a n a g e m e n t of Crown Lands . Be i t therefore enac ted by the Queen ' s Most Exce l l en t Majes ty , by and wi th t h e advice and
consent of t h e Legis la t ive Council and Legis la t ive Assembly of N e w
South "Wales in P a r l i a m e n t assembled, and by t h e au tho r i t y of t he same, as follows :—
1 . This A c t shall come in to force on t he first day of December ,
one thousand e ight hundred and e i g h t y - n i n e ; and m a y be cited as t he " C r o w n Lands A c t of 1 8 S 9 " ; and shall be read wi th and form pa r t
of t he " Crown Lands A c t of 1 8 8 4 , " t he " Crown Lands Titles and Beserva t ions Val idat ion Act of 1 8 8 6 , " t he " Condit ional Purchases and
Leases Val idat ion Ac t of 1 8 8 7 , " the " CroAvn Lands [Auc t ion Sales
Balances] Ac t of 1 8 8 7 , " t he " Crown L a n d s A c t A m e n d m e n t A c t of
1 8 8 7 , " and the " Crown L a n d s Ac t F u r t h e r A m e n d m e n t A c t , " 2. The sections and pa r t s of sections of t he Acts ment ioned in
t h e first section hereof which are set ou t in t h e F i r s t Schedule hereto
arc he reby repealed to t h e ex t en t there ment ioned . 3 . A n y section of any A c t ment ioned in t he first section hereof in wh ich any jurisdict ion to hear appeals is conferred upon t h e Minister , or in wh ich any r igh t of appeal is conferred upon any person, shal l be read as if t he Avords " L a n d C o u r t " AA?ere subs t i tu ted for t he
AArord " M i n i s t e r " wheresoever the same may o c c u r ; and the several a l tera t ions , subs t i tu t ions , and addit ions set out in the Second Schedule here to shall be made in the sections of the Pr inc ipa l A c t ment ioned there in .
4. I n th is Ac t , unless the con tex t necessarily requires a different
mean ing , t he expression :—
" B o a r d " or " L a n d B o a r d " means the Local L a n d Board of t he
Dis t r ic t in question.
" Condit ional
" Condit ional p u r c h a s e " excludes special purchase , or purchase by auct ion, or purchase by v i r tue of improvement s . " Governor" means t he Governor, w i t h t he advice of t he Execu t ive
Council .
" L a n d A g e n t " means a n y person duly appointed to t he office of
Crown L a n d s Agen t , Ass is tant Crown L a n d Agen t , or A c t i n g Crown L a n d A g e n t .
" L a n d C o u r t " means t h e L a n d Cour t cons t i tu ted in pu r suance of
th i s Ac t .
" O a t h " means affirmation, promise, and declarat ion in every case where an affirmation, promise, or declara t ion is by laAv allowed ins tead of an oath .
" P r e s c r i b e d " means prescribed by the Pr inc ipa l A c t or th is Ac t ,
or any a m e n d i n g Act , or any regula t ion m a d e the reunder respectively.
" Pr inc ipa l A c t " means t he " Crown Lands A c t of 1884 ." " Repea led A c t " means any A c t repealed bv the " Crown Lands
A c t of 1884 ."
" S c r u b " means any tree, unde rg rowth , p lan t , wh ich t h e Governor
may , b y notification in the Gazette, declare to be scrub
w i t h i n the m e a n i n g of this Act .
" S e r i e s " or " t h e same scries," when used in connect ion wi th condi t ional purchases , means an original condit ional purchase (whether t aken u p before or after t h e commencemen t of this Act , unde r a n y repealed Act , or t he Pr inc ipa l Act , or this A c t ) , and any addi t ional condi t ional purchases , wh ich m a y have been, or m a y be, made by v i r tue thereof.
5. I t shall be lawful for t he Minis te r from t ime to t ime to
| direct | a n y Local L a n d Board to deal w i th any ma t t e r , quest ion, |
| or i nqu i ry | t h a t | has arisen, or shall arise, w i thou t regard to the | L a n d |
| Board Dis t r ic t or L a n d | Dis t r ic t in which t h e land forming | t h e | subject |
| of such ma t t e r , quest ion, or i nqu i ry m a y be s i tuated. A n d t h e said L a n d Board shall have as full power and jurisdict ion to deal wi th t he m a t t e r as if t h e land aforesaid were s i tuated wi th in t h a t Board 's proper L a n d Board Dis t r ic t or L a n d Dis t r ic t . Provided t h a t a n y t h i n g similarly done by a n y Local L a n d Board before t h e commencement of th is Act , c i ther from inadver tence or otherwise, shall have the same effect in law as if done by the L a n d Board empowered to deal therewi th . | 0. W h e n e v e r | after | t he | commencemen t of | this | A c t | any ren t , |
or l icense fee, or t h e pr ice of any Crown L a n d (other t h a n of l and to be sold or leased by auct ion, by tender , or by condit ional purchase) is to be determined, or whenever th is section is expressly referred to in connect ion wi th t he de terminat ion of any value, an appra i sement of t h e same shal l be m a d e by the Local Land Board, and any such appra i sement m a y be appealed against in t he prescribed manner . On receipt of any appraisement , no t so appealed against , t he Min is te r shall e i ther accept t h e same or, wi th in one mon th , refer it to the L a n d Court
| w i th a s t a t emen t | of his reasons for so doing. | The L a n d Court shall , |
bo th in cases of appeal and reference, de te rmine t he a m o u n t of such ren t , fee or price, and the a m o u n t so de termined shal l be final and conclusive. Provided, however, tha t , if i t shall appear to the Minis te r
| t ha t fu r ther | consideration or i nqu i ry is necessary, he | may | r e t u r n | t he |
| case to such L a n d | Cour t for such purpose, and t h e de te rmina t ion of |
t h e L a n d Cour t the reupon shall be final and conclusive.
7. Notwi ths tand ing any th ing in t he Pr inc ipa l or in th i s A c t
contained, any recommendat ion , de terminat ion , decision, or award of a n y Local L a n d Board may bo appealed agains t in t he prescribed
K m a n n e r : m a n n e r ; and any appeals w h i c h m a y n o t have been deal t wi th or completed a t t he commencemen t of th i s Ac t shal l be dealt wi th or completed in accordance wi th this Ac t .
8 . There shall be a L a n d Court , wh ich shall be a Cour t of Record , and have an official seal. The said Cour t shall consist of th ree member s , one of w h o m shal l be t h e Pres ident , and i t shall be lawful for t he Governor to remove any m e m b e r of such L a n d Cour t for inabi l i ty or misbehaviour , provided t h a t twenty-one days at least before t h e removal of such m e m b e r of the L a n d Cour t he shall have; not ice of t h e in ten t ion to remove h im, and he shall thereaf te r and before removal have t h e oppor tun i ty of be ing hea rd before tin; Governor a n d the E x e c u t i v e Counci l in his defence. The Pres ident and each member shal l be appoin ted by t h e Governor, and shall be pa id—
(i) The Pres ident shal l preside a t all meet ings of t h e Court , b u t
in his absence t h r o u g h illness or o ther sufficient reason any m e m b e r may be au thor ized by t h e Governor to temporar i ly act as Pres ident , who , while so act ing, shall have and exercise all the powers and author i t ies , and be subject to all t h e obliga tions applicable to t h e office of Pres ident . I n t he absence,
t h r o u g h illness or otherwise, of any member , t he Governor m a y appoint any person to temporar i ly ac t as member ,
( n ) A n y member , w ho shall sit or ac t in a n y case, in which he is, or has been, directly or indirect ly interested, shall be l iable to
a pena l ty n o t exceeding five hundred pounds ,( i n ) The L a n d Cour t shall have power to hear and de te rmine all appeals, and all ma t t e r s referred to such Cour t by t h e Minis ter , or by a Local L a n d Board unde r t he provisions of subsect ion ( v n ) of section fourteen of t h e Pr inc ipa l Act , and to m a k e such orders for p a y m e n t of costs incur red in such appeals o r proceedings as such Court m a y t h i n k f i t ; and such appeals and ma t t e r s shall, after the prescribed not ice has been given to t he part ies , a n d at s u c h t imes and places as t he L a n d Cour t
m a y appoint , be heard and de te rmined in open C o u r t ; a n d
t h e Crown m a y w i t h o u t h a v i n g lodged a caveat , appeared
before t h e Local L a n d Board, g iven not ice of appeal , or
t aken any pre l iminary step other t h a n m a y be prescribed b y t h e regula t ions or by rules of t he L a n d Cour t appear as a pa r ty i n all proceedings in which i ts r ights , in teres ts , or revenues m a y be concerned, and all par t ies m a y b e hea rd b y counsel, a t torney , o r agent , b u t no f r e s h CAldencc shal l
be a d d u c e d b e f o r e s u c h Court , e x c e p t w i t h t h e sanct ion
of such Court , I n all c a s e s i n w h i c h t h e said L a n d Cour t
shall m a k e any order or award for t h e p a y m e n t of money, w h e t h e r as cos t s o r otherwise, t h e s a i d o r d e r o r award s h a l l , save as hereinbefore provided, be conclusive upon t h e par t ies , and have the force of a j u d g m e n t of t he Supreme Cour t a t common law ; and the pa r ty in whose favour any such order or award m a y have been i inally or u l t ima te ly made m a y obta in a certificate of t h e a m o u n t due the reunder , wh ich certificate
shall be conclusive evidence of t he facts the re in s ta ted, a n d
he shall , upon produc t ion thereof to t h e P ro thono ta ry , b e
ent i t led to have j u d g m e n t entered up thereon , w i thou t any
J u d g e ' s order to t h a t effect, and to have execut ion for such
a m o u n t and cos t s i s s u e d and enforced in t he s a m e way as m a y be d o n e upon j u d g m e n t s a t c o m m o n l a w ; provided tha t , in any case in which a deposit has been m a d e by an appel lant , t he same shall be avai lable in p a y m e n t or par t paymen t of any s u m which he m a y be ordered to pay, a n d t h e surplus , if any, shall be re tu rned .
( I V )
( iv) If in any case it shall appear to t he L a n d Cour t t h a t any evidence tendered before such Court , or t h a t fur ther evidence ought to he t aken before t he Local L a n d Board, or t h a t t he case is incomple te , i t may he remi t t ed to t he Board for such action as t h e L a n d Court m a y direct ; and the Board shall t ake such action, and m a y uphold , reverse, alter, or amend its previous decision in any way t h a t m a y be considered necessary. The L a n d Cour t shall have power to remi t to t he Board any case in which an order has been made by t h e L a n d Cour t w i th directions to t he Board to enforce or carry out such order, and in any such case t h e Board shal l he empowered and hound to act accordingly.
(v) A majori ty of t h e members of t he L a n d Cour t shall constitute a quo rum. The decision of the Land Cour t upon any appeal shall , subject to t h e provisions of section six of this Act, be final and conclusive.
(vi) Whenever any question of law shall arise in a case before t h e L a n d Court , t he L a n d Cour t shall , if requi red in wr i t ing by any of t he par t ies wi th in t he prescribed t ime and upon the prescribed condit ions, or may of i ts own motion, s ta te and submi t a case for decision by the Supreme Cour t thereon, which decision shal l bo conclusive. Every such case shall purpor t to be stated under th is section, and shal l s ta te the names of t h e persons who are part ies to t h e appeal , reference, or o ther proceeding, and shall be t r ansmi t t ed to t he P r o t h o - no ta ry of t he Sup reme Cour t to be deal t wi th as to t he set t ing clown of t h e case for a rgumen t , and t h e hea r ing of t he same, and its r e t u r n wi th the decision of t h e Supreme Cour t thereon, as t h e J u d g e s or any two of t h e m shall direct . The Supreme Cour t for t he purposes of th i s section may consist of two J u d g e s only, and shall have power to deal with t h e costs of, and inc identa l to, any case s ta ted unde r th is section as it may
t h i n k fit. (v i i )
A n y subpoena, summons , or other process issuing out of t he L a n d Cour t shall have t h e same force and effect as if issued out of the Supreme Court , in any m a t t e r pend ing t h e r e i n ; and t h e L a n d Cour t shall have t h e same powers of deal ing wi th witnesses who fail to appear w h e n called, or refuse to answer quest ions, or otherwise misconduct themselves, and for repressing disorders, or pun i sh ing contempts commit ted in t he face of t h e said Cour t , as are possessed by the Supreme Cour t or any J u d g e thereof upon t h e hear ing of any cause or m a t t e r w i th in t he jur isdict ion of t he said Court . A n y w a r r a n t to apprehend and to detain and b r ing before t he L a n d Court , or to keep in any gaol, prison, lock-up , or o ther place of detent ion, any person l iable u p o n t h e order of t h e L a n d Cour t to be so deal t wi th , shal l be valid and sufficient if i t be in t he form appropr ia te there to contained in the Th i rd Schedule to th i s A c t or to t he effect thereof ; and the Sheriff, his depu ty and assistants, and all officers of t h e police force, and gaolers, to w h o m t h e same shal l be addressed shall obey the same. Provided t h a t no such w a r r a n t shall be issued agains t a person who fails to appear as a witness w h e n called, unless i t be proved to t h e satis faction of t he L a n d Cour t t h a t he has been duly served w i t h a summons or subpoena, a n d t h a t p a y m e n t or tender of his reasonable expenses has been m a d e to h im.
(v i i i ) I t shall be lawful for t h e Governor to appoint a Reg is t ra r of the L a n d Cour t and o ther necessary officers, who shall be
paid
paid such salaries as m a y from t ime to t ime be approved. The Reg i s t r a r shall have t he custody of t h e official seal of t h e Cour t and of its records, a n d shall sit in t h e Court , and keep and sign minu te s of t h e Court ' s proceedings, and m a k e reports of the Court ' s decision in each case to t he Minis ter . The Registrar shall have power to seal wi th t h e official seal, and to sign and issue in t he n a m e of t h e Cour t , subpoenas, summons , certificates, orders, notices, a n d other d o c u m e n t s ; and t h e Regis t ra r shall perform t h e various ma t t e r s and th ings in respect of which powers are hereinbefore conferred upon h im, or which by any regula t ion in t h a t behalf m a d e as hereinaf ter provided he m a y be ordered to do. A n y dut ies imposed or powers conferred upon the Registrar as aforesaid may, in his absence or inabi l i ty to act, be dis charged or exercised by any person provisionally appointed as D e p u t y Regis t ra r by t h e Pres ident or A c t i n g Pres ident of
t h e L a n d Court .
( ix ) Al l Cour ts of L a w and E q u i t y shall t ake judicial not ice of t he
seal of t h e L a n d Court , and of t he s igna tu re of the Pres ident ,
A c t i n g Pres iden t , Regis t ra r , or D e p u t y Registrar , w h e n
a t t ached to a n y document i ssuing out of t he said Cour t .
9. I n any case i t shall be lawful for t h e Pres ident or in his absence any m e m b e r of t he L a n d Court or the Cha i rman of any L a n d Board to s u m m o n and compel t h e a t t endance of any person whose evidence such Cour t or Board m a y desire to hear , and to examine h im, or allow h im to be examined, upon oath, and to cause h is examina t ion to be reduced to wr i t ing and signed by h im, and requ i re h i m to produce any document re la t ing to t h e m a t t e r in quest ion in his possession or control . No quest ion p u t to a n y witness before t h e L a n d Cour t or any L a n d Board shall be deemed to be unlawful by reason only t h a t t h e answer there to m a y expose h im to a n y forfeiture or pena l ty unde r th is or t he Pr inc ipa l or a n y repealed A c t : Provided t h a t no examinat ion , or any answer there to , shal l be admissible in evidence against t he witness in any cr iminal proceeding o ther t h a n a prosecut ion agains t h im for per jury , or for giving false answers , or m a k i n g false declarat ions. If any person who has been s u m m o n e d as aforesaid by t h e Cha i rman of the Local L a n d Board, or subpoenaed as a witness in any proceeding before such Board, and who has had p a y m e n t or tender of his reasonable expenses m a d e to h im, shal l neglect to a p p e a r ; or if any person summoned , subpoenaed, or
to m a k e affirmation, promise, or declarat ion in l ieu of a n oath, or examined as a witness in a n y such proceeding refuses to be sworn or prevar icates in his evidence, or refuses to answer any lawful question, or to produce any document in his possession or control re la t ing to t h e m a t t e r in quest ion, wh ich he has been summoned or subpoenaed to produce, or which is t hen in his possession or control, or to sign his examina t ion when reduced in to wr i t ing , i t shall be lawful for t h e Cha i rman to commi t such offender to gaol for any t ime no t exceeding th ree mon ths , or to impose on any such offender a fine not exceeding one h u n d r e d pounds ; and in defaul t of immedia te p a y m e n t thereof to commit the offender to gaol for any t ime not exceeding th ree m o n t h s unless t h e fine be sooner paid. A n d in any of t h e cases aforesaid, a war ran t in t he form conta ined in t he F o u r t h Schedule (A) here to shal l and may be issued b y such Cha i rman , and shal l be good and valid in law wi thou t any o ther war ran t , order, or process wha t soeve r ; and the Sheriff, his depu ty , and all officers of t he police force, and gaolers, to w h o m the same shal l be addressed, shall obey t h e same. W h e r e a n y person who has been duly s u m m o n e d or subpoenaed to a t tend as a witness before t h e Local L a n d Board, and who has h a d
p a y m e n t
p a y m e n t or t ender of his reasonable expenses made to h im, shall fail to appear in obedience to his summons or subpoena, t h e Chai rman, u p o n proof of such person hav ing been duly served wi th such summons or subpoena, and upon proof also t h a t such person 's non-appearance was wi thou t jus t cause or reasonable excuse, m a y issue a war r an t in the form or to t he effect of the F o u r t h Schedule (B) hereto to b r ing such person before t he Local L a n d Board to give evidence.
10. A n y Crown Lands held u n d e r a n y lease, o ther t h a n annua l
lease, or t h a n occupat ion license, shall, except as provided by section twenty-f ive of th i s Act , be exempt from condit ional purchase or condit ional l e a s e ; and any lands which in t h e Pr inc ipa l Ac t or th is A c t arc specified as exempt from condit ional sale shal l be held to have been and to be exempt from condit ional lease unde r sections forty- eight or fifty-four of t h e Pr inc ipa l A c t or unde r th i s Act . Provided tha t no condit ional lease, which m a y have been, or which m a y be g ran ted in satisfaction of an appl icat ion unde r t h e fifty-fourth section of t h e Pr inc ipa l Act , and no addi t ional condit ional purchase made out of such condit ional lease, shall be held to have been or to be inval id b y reason only of t h e land be ing s i tuated w i th in t he boundar ies of a leasehold area.
11 . If it shall appear to any L a n d A g e n t t h a t two or more
applicat ions for condit ional purchases or condit ional or homestead leases, tendered to h i m a t t h e same t ime, are conflicting, he shal l de te rmine by ballot, in t he prescribed manner , t he priori ty of such applicat ions for t he purposes of this section, and shall thereafter t r a n s m i t such applications to the Cha i rman of t he Local L a n d Board, to be deal t w i th by such Board in t he order of the i r pr iori ty de termined as aforesaid, and on the i r respective meri ts in accordance wi th th is and the Pr incipal A c t ; provided t h a t in any such case any appl icant shall be at l iber ty , e i ther before or immedia te ly after t h e ballot , to wi thdraw his appl icat ion, and the reupon to receive from the L a n d A g e n t a refund of a n y moneys paid to such agen t in connect ion therewi th . W i t h any applicat ion made after t h e commencement of th is Act , to pu rchase land condit ionally, or by v i r tue of improvements , or for a condit ional or special lease of any land, there shall be tendered a fee, in accordance wi th t he prescribed scale, for t he survey thereof,
12. The t i t le to any condit ional purchase or condi t ional or homestead lease applied for after t he commencemen t of th is A c t shall commence from the da te of appl icat ion therefor, if valid, and any such appl icat ion shall w i thd raw such of t he lands there in described asmay be available for t he purpose from a n y a n n u a l lease or occupat ion
license unde r which they m a y be held. The L a n d A g e n t shall , wi th inone week of t h e receipt of any such appl icat ion, notify t h e same t h r o u g h the post to the holder of any a n n u a l lease or occupat ion license wi th in which t h e land appl ied for or any pa r t thereof may be s i tua ted . A n d no person m a k i n g a n y such applicat ion shal l acqui re any r igh t s of impound ing any stock of t he lessee or l icensee un t i l t he expirat ion of th ree m o n t h s after t he da te of such appl icat ion. If land be al lot ted in satisfaction thereof of a less area t h a n , or in a different position from, t h a t applied for, such of the land described as m a y not be allotted, or, if t h e appl icat ion be wi thdrawn, t h e whole of t he lands described there in , shall, a t t h e da te of confirmation of t he applicat ion, or approval of its wi thdrawal , as t h e case m a y be, rever t to the lease or license. I n t he case of a homestead lease, a n y similar reversion shall t ake effect on notification in t h e Gazette, of t he approval of such lease, or of t he acceptance of t he appl icant ' s refusal thereof. The ren t s of any such condit ional or homestead leases shall be paid a n n u a l l y in advance not la ter t h a n one day prior to a da te corresponding to t h e date of appl icat ion.
13 . U p o n receipt from the L a n d A g e n t of any appl icat ion for
a condi t ional purchase or condi t ional lease, t he C h a i r m a n of t h e L a n d Board m a y refer t he same to t h e Dis t r ic t Surveyor, and if t h e land the re in described is unmeasured , and appears to be available, and to be capable, as appl ied for, of be ing measured in a proper form, t he Dis t r ic t Surveyor shall cause t he same to be m e a s u r e d ; b u t if t h e land is no t , or is only par t ly , available, or if any o ther objection appears to exist, t h e Dis t r ic t Surveyor shal l so r e p o r t ; a n d the Board shall there
after deal w i th t he applicat ion, ei ther by refusing it , or p e r m i t t i n g i ts w i thdrawa l , or d i rec t ing t h e survey of such land as m a y be proposed to be al lot ted, a n d for th i s purpose may , subject to t h e provisions of the P r inc ipa l A c t and of th is Act, allot land in a modified or different posit ion from t h a t applied for. A n y al lot ted lands which arc not described in t he original appl icat ion shall , so far as t he wi thd rawa l of t he same and t h e r igh t of i m p o u n d i n g in respect thereof unde r t he provisions of section twelve of this A c t are concerned, be deemed to have been applied for on t he da te of t he confirmation. W h e n t h e l and has been measured , if no sufficient objection exist , and t h e Loca l L a n d Board be satisfied t h a t t he appl icant has , bond fide, applied for t he land for his own sole use and benefit , e i ther whol ly or subject to t he pro visions of section twen ty of th is Ac t , t h e Board shall , in open Court , confirm such appl icat ion as m a d e or modified, subject to p a y m e n t as prescribed of any necessary ex t ra deposit . The Cha i rman shall wi th in t he prescribed t i m e thereafter issue a certificate of such confirmation. The Board, in open Court , m a y for sufficient reason, w i th or w i thou t a repor t f rom t h e Dis t r ic t Surveyor, and ei ther before or after measure m e n t of t h e land, disallow any applicat ion, whol ly or in par t . The provisions of th is section shall , so far as procedure is concerned, apply to appl icat ions m a d e before b u t no t finally disposed of at t h e com
m e n c e m e n t 14. N o error, unce r t a in ty , omission, or misdescript ion in
of
th is
Act .
any
appl icat ion for a condit ional purchase or condi t ional lease, m a d e after t h e commencemen t of th is Act, or in any declarat ion prescribed by section twen ty - s ix of t he Pr inc ipa l Act , or section t w e n t y of th is Act , and m a d e in connect ion wi th any such applicat ion, shall inval idate the appl icat ion in any case where t he Local L a n d Board is satisfied tha t such error, omission, unce r t a in ty , or misdescr ipt ion was not wilful, and made wi th in ten t to dece ive ; and the Board shall have full power to au thor ize t h e correction of any error or omission in any appl ica t ion or declarat ion, so as to b r ing t h e same in to conformity wi th t he s t a tu to ry
r equ i r emen t s . The provisions of th is section shall ex tend to applica tions and declarat ions made before, b u t no t finally disposed of at, t h e
commencemen t of th i s Act ,
15. I f an appl ica t ion for a condit ional purchase or condit ional
lease, made and not finally deal t w i t h before the commencemen t of th i s Act , or a n appl ica t ion m a d e after such commencemen t , shal l no t
have been confirmed wi th in six m o n t h s from t h e da te of such appli
cation, the appl icant shal l on giving, w i th in one m o n t h after t h e
expira t ion of such six mon ths , t he prescr ibed not ice of w i thd rawa l to t he Cha i rman , be ent i t led to w i thd raw t h e same and to receive a refund of moneys paid by h i m in respect thereof, unless t h e L a n d Board shall be of opinion tha t t h e appl ica t ion was no t bond fide or t h a t t h e delay
in ob ta in ing confirmation was improper ly caused or cont r ibu ted to by t h e a p p l i c a n t ; and where a n appl ica t ion cannot be granted , excep t subject to modification, or where o the r sufficient reason may , in t h e opinion of t h e Board, exist , t he appl icant m a y before or w i th in t w e n t y -
e ight days after confirmation w i thd raw his appl icat ion, subject to t h e approval of such Board ; provided t h a t in any case of w i thd rawa l the Board m a y deduc t f rom the moneys deposited such a m o u n t as m a y be
deemed
deemed necessary to defray the cost of survey and t h e expenses of deal ing wi th such appl icat ion. On the wi thdrawal , refusal, or modi fication of any appl ica t ion for a condit ional purchase or condit ional lease, t he land ceasing to he affected the reby shall be held to have been available from t h e da te of such app l i ca t ion ; and any appl icat ion made and no t disposed of before such wi thdrawal , refusal, or modifi cat ion as aforesaid, shall be deal t w i t h as if the pr ior appl icat ion had not been made .
10. W h e r e any appl icat ion for a condit ional purchase or con di t ional lease made u n d e r t h e Pr inc ipa l Ac t has prior to t he commence m e n t of this A c t been confirmed by a Local L a n d Board before t he land appl ied for was measured, such confirmation shall nevertheless be deemed to have been valid, subject, however, to such correct ion as to area or otherwise as m a y have been or may be found necessary, and t h e required condit ion of residence, if any, shal l in each such case be deemed to h a v e been duly observed du r ing any such period as m a y have elapsed be tween the da te of t he appl icat ion and the commence m e n t of th is Ac t . N o t h i n g in t he " Pub l ic Gates A c t " shal l be held
| to have preven ted or to p reven t the " Crown Lands Ac t | F u r t h e r |
| A m e n d m e n t | A c t " | from | hav ing | its full effect | and operat ion, | and |
| n o t h i n g | in t h e la t t e r Ac t | shall be held to have | requi red or to | requi re |
t he m a k i n g of a n y improvements on any condit ional purchase or con dit ional lease wi th in three years from the date of confirmation of appl icat ion of a grea te r va lue t h a n th ree hundred and e ighty-four pounds .
17. W h e r e condit ional purchases (not be ing unde r section
forty-seven of t he Pr inc ipa l Act) or condi t ional leases adjoin so as to form one block, or are separated only by roads or creeks, and such condit ional purchases or condit ional leases arc held by m e m b e r s of one family, s t and ing in t he relat ion of parents and chi ldren, i t shall be lawful for the L a n d Board, upon a joint, appl ica t ion m a d e wi th in t he prescribed t ime and in the prescribed m a n n e r by t he holders of t h e land, to e x e m p t such holders from any condi t ion of fencing or improvemen t s in connect ion the rewi th fur ther than the erection of a r ing-fence of a charac ter to be prescribed by such Board on the ex te rna l boundar ies of the lands so as to enclose t h e m as one holding. The Board may, no twi ths t and ing a n y t h i n g to t h e cont rary in t he Pr incipal , or any of t he a m e n d i n g Acts , or th is Act , accept or disallow a n y such applicat ion, wholly or in par t . Provided t h a t such Board
| shall , in connect ion wi th any accepted applicat ion, fix t h e t e r m | (and | |
| fence shall be erected, such t e r m being determined as far as pract icable | m a y upon appl icat ion as prescribed extend the t e rm) wi th in which t h e | |
| w i t h due regard to t h e respective dates of commencemen t of the purchases or leases. W i t h i n th ree m o n t h s after t he expira t ion of such | ||
| ||
| of the condit ion of fencing. If t he r ing-fence be not erected wi th in t h e t e r m allowed, each and every purchase or lease shall be liable | ||
|
18. N o t w i t h s t a n d i n g a n y t h i n g to t h e contrary in section twen ty-
four or forty-two of the P r inc ipa l Act , it shall be lawful for the Covernor , subject to the genera l provisions of section twenty- four as aforesaid, to proc la im by not ice in t he Gazette, a n d set apar t , from t i m e to t ime, special areas, wh ich i t shall be lawful to condit ional ly purchase in such areas as m a y be notified in t h e proclamat ion, no t exceeding th ree h u n d r e d and twenty acres in t h e Eas te rn , or six
| hund red and forty acres in t he Centra l or W e s t e r n Division. | I t | shall |
also be lawful for t he Governor, by notification in the Government
Gazelle, to proclaim and set apa r t as special areas any lands within the
subu rban or popula t ion boundar ies or popula t ion areas of any cities,
towns,
towns, or villages, and such lands (wi thout cancel lat ion or revocat ion of such boundar ies or areas) shall, no twi th s t and ing a n y t h i n g to the con t ra ry in the Pr inc ipa l Act , be open to condit ional purchase on or after such dates, and in such areas, and subject to t h e p a y m e n t of such prices, deposits, and ins ta lments , and subject to t he fulfilment of such condit ions as to residence, improvements , fencing, or other wise, as m a y be specified in t he proclamation. A n y condit ions so set forth shal l have the force of law, and any breach thereof shall render the condit ional purchase l iable to forfeiture in accordance wi th th i s Ac t or t h e Pr inc ipa l Act . The Governor may a t any t ime revoke or modify any proclamat ion, before or after t h e commencemen t of th is Act , of any special area, or of any conditions appl icable there to , and any such revocation or modification shall t ake effect on proc lama t ion in t h e Gazette. Before any special areas are declared to be open for condit ional purchase t he same shall be surveyed, and shall, subject to the provisions of section twenty-seven of th is Act , be t aken in port ions
as measured .
19. A n y appl icat ion for an addi t ional condi t ional purchase m a y
be made before, a t , or after t h e confirmation of the appl icat ion re la t ing to the or iginal condi t ional purchase , or any addi t ional condi t ional purchase of t he same series. I n order to exempt from condit ional purchase or condit ional lease the land described in any condit ional lease appl icat ion, it shall no t be necessary for t h a t appl icat ion to be lodged a t t h e same t ime as t he appl icat ion for t he condit ional purchase by v i r tue of which i t m a y be made ; provided tha t no r igh t to con
dit ionally lease land u n d e r section forty-eight of t h e Pr inc ipa l A c t or u n d e r th i s A c t shall be held to a t t a ch to l and u n t i l appl icat ion for the condit ional lease shal l be made . The provisions of th is section shall ex tend to condit ional purchase and condit ional lease appl icat ions made , b u t no t finally deal t wi th before t h e commencement of th i s Ac t .
20. "When the t ransferee of any land condit ionally purchased before or after the commencemen t of th i s Act , or in t h e case of a corporat ion, company , or pa r tne r sh ip , be ing such transferee, any officer of such corporat ion or company , or a n y officer or member of such company or pa r tnersh ip , has made, or shall make , a s ta tu tory declara t ion showing t h a t t h e t ransferee holds such land by way of mor tgage or securi ty only, t he owner (subject to such mor tgage or securi ty) of t h e said land, or such t ransferee, m a y m a k e an appl icat ion in t h e
prescribed m a n n e r for a n addi t ional condi t ional purchase or condi t ional
lease to be registered in t he n a m e of t he transferee, subject to t h e condit ions of t he addi t ional condi t ional purchase or condit ional lease be ing fulfilled by the aforesaid owner. W i t h any such appl icat ion by the owner as aforesaid t he wr i t ten consent of t he t ransferee shal l be tendered to t he L a n d Agen t . A n y land purchased or leased unde r this section shall be subject to t he same equi ty of r edempt ion as t he land, by v i r tue of which t h e same m a y be purchased or leased. N o t h i n g in section twen ty - s ix of t he Pr inc ipa l A c t shall be hold to p reven t t he declara t ion there in referred to in connect ion wi th a n addi t ional condi t ional purchase be ing made , i n such form as shall be prescribed, by a duly author ized agen t of t he app l i can t ; b u t if such agen t shall wilfully m a k e a false s t a t emen t in such decla ra t ion , he shall be l iable to t h e penalt ies in t h a t behalf m a d e and provided ; and the forfeitures provided in t h a t section shall be he ld to have been incur red by t h e person for w h o m such agen t shal l have acted. W h e r e a condi t ional purchase is held absolutely by a corpora- t ion, company , or pa r tne r sh ip , any appl ica t ion for an addi t ional condit ional purchase or for any condit ional lease or any prescr ibed declara t ion in respect thereof m a y be made by a n y officer of such corporat ion or company or officer or m e m b e r of such company or
pa r tne r sh ip duly author ized for t h e purpose . 2 1 .
2 1 . I n t he case of condit ional purchases and homestead leases
| applied for since t he commencemen t | of t h e Pr inc ipa l Ac t t h e required |
t e r m of residence shal l no t he held to have ex tended or to extend beyond five years from the date of the applicat ion for such purchase or lease, a n y t h i n g in t h e Pr inc ipa l Ac t to the cont ra ry n o t w i t h s t a n d i n g ; pro vided t h a t residence has been or shall be commenced within th ree m o n t h s f rom confirmation of the condit ional purchase appl icat ion, or wi th in n ine ty days from the notification of approval of t he lease, and cont inued in e i ther case u n t i l t he expira t ion of t he said t e rm . A n y holder of a condit ional purchase or condit ional lease, t h e applicat ion for which m a y have been confirmed before t h e twen ty - four th day of
| J u l y , | one thousand e ight h u n d r e d and eighty-eight , m a y wi th in | two |
| years from t h e date; of confirmation | of such appl icat ion apply u n d e r |
| t he | provisions | of section two of t he " Crown | L a n d s Act F u r t h e r |
| A m e n d m e n t A c t , " for permission to subs t i tu te | improvements | in lieu of |
| fencing. | Holders of condi t ional leases under t he fifty-second | section |
| of | t h e Pr inc ipa l Ac t shall, | wi th in | two years from | the | c o m m e n c e m e n t |
| of | th i s | Act , or wi th in such extended | t e r m as may be gran ted by t h e |
| Local L a n d | Board upon appl ica t ion as prescribed, fence t he boundar ies |
| of t h e land held the reunder , or m a y wi th in the two years | aforesaid |
| m a k e | an appl icat ion | unde r section | four of t he " Crown Lands Ac t |
| F u r t h e r | A m e n d m e n t | A c t " | to | subs t i tu te | other | improvemen t s | in | l ieu |
| of | f e n c i n g ; | t he period | prescribed b y | the | las t -ment ioned | A c t for t he |
| m a k i n g or complet ion of such improvements shall be computed | from |
t h e c o m m e n c e m e n t of th is Ac t . The mere fact t ha t forfeiture of a condit ional purchase has before or after t h e commencemen t of th is A c t been notified shall no t bar t he issue of t h e certificate of abandon
| m e n t referred to in section twenty- two | of t he Pr inc ipa l | Act. |
22. The periods wi th in which a n y fencing or o ther improve
| m e n t s | requi red by the Pr inc ipa l Act , or t h e " Crown Lands Ac t |
F u r t h e r Amendment A c t , " or th is Act , in connect ion wi th any condit ional purchase or condit ional lease appl ied for after t he commencemen t of this A c t shal l be completed, and wi th in which t he declarat ions requi red in connect ion wi th such purchase shall be made , shall be compu ted from the date of t h e confirmation of t he appl ica t ion ; a first i n s t a lmen t of balance of purchase money shal l be paid a t t h e exp i ra t ion of th ree years from t h e elate of such applicat ion, and a l ike ins ta lment shal l thereaf ter be paid annua l ly un t i l the balance of
| seventeen | shill ings per acre, toge ther wi th in teres t at t he ra te of | four |
| per | c e n t u m | per | a n n u m , | shall | have | been | paid. | No twi th s t and ing |
| a n y t h i n g to t h e cont rary in t he Pr inc ipa l A c t or in th is A c t contained, |
the final declarat ion on any condit ional purchase may bo made after
t h e complet ion of all t h e required condit ions (except p a y m e n t of balance), a n d the balance may be paid in fall before t he expira t ion of f ive years from t h e date of confirmation of appl ica t ion if the certificate
provided for by section th i r ty-s ix of t h e Pr incipal Ac t (which m a y be
issued a t any t ime after complet ion of such conditions) shal l have been granted . A n y L a n d A g e n t shall, by v i r tue , and dur ing his t enu re of
| office | be deemed for t he purposes of t h e Pr inc ipa l Act , or th is Act , or |
t h e " Crown Lands A c t F u r t h e r A m e n d m e n t A c t , " or the " Regis t ra t ion of Deeds A c t " to have been, and to be, a Commissioner of t h e Supreme Cour t for t a k i n g affidavits ; b u t t h e declarat ions required by any of t he th ree f irst-mentioned A c t s m a y be made before t h e L a n d A g e n t or any Jus t i ce of t he Peace or Commissioner for t a k i n g affidavits for t he Colony of N e w South Wales .
23 . I n any case where a condit ional purchase or condit ional
| lease m a y have been or m a y be b r o u g h t | unde r t h e provisions of | section |
four teen of t he " Crown Lands A c t F u r t h e r A m e n d m e n t Ac t , " t h e L a n d Board on appl icat ion as prescribed b y the holder of the l and
may ,
may , no twi ths t and ing a n y t h i n g to the cont rary in t h a t Act , exempt
h i m from m a k i n g improvements in addi t ion to t he fenc ing erected or
to be erected on the land. A n d in all cases of dispute in reference to t h e erect ion, complet ion, or repair of fencing, or to cont r ibut ions towards t h e cost or ma in tenance of fencing upon or be tween adjoining lands or lands on opposite sides of roads or creeks, t he Board shal l on appl icat ion as prescribed by any pa r ty concerned, de te rmine , subject to appeal , all quest ions in d ispute a n d m a k e any order necessary or incident to t he se t t l ement thereof ; and any such order shall be a suffi c ient au thor i ty and justif ication for en te r ing upon any of t he said lands , and doing such acts as m a y be necessary for car ry ing t h e same in to effect. The provisions of section eleven of t he " Crown Lands
A c t F u r t h e r A m e n d m e n t A c t " shall be deemed to ex tend to cases where a fence, a l t h o u g h not erected upon the ac tua l boundary- l ine of any condit ional purchase or condi t ional lease, is in t h e opinion of t he Loca l L a n d Board, subject to appeal , a sufficient boundary-fence. The provisions of th is section and of section one h u n d r e d and forty-one of t h e P r inc ipa l A c t shall be deemed to app ly to fences whether erected before or after t h e commencemen t of t h a t Act , and to fences which m a y unde r sections eleven or fourteen of the " Crown Lands Ac t F u r t h e r A m e n d m e n t A c t " have been or m a y be m a d e or t reated as boundary-fences .
24. I f t h e holder of any condit ional pu rchase or condit ional or homes tead lease applied for before or after t h e commencemen t of th is Act , shal l t h r o u g h illness, d rought , flood, or other sufficient cause be p reven ted from fulfilling any conditions of residence, fencing, or improvemen t s a t t ach ing there to , t he Local Land Board may , on appli cat ion as prescribed, and after inquiry in open Court , suspend for a specified period no t exceeding six m o n t h s any or all of such condit ions. On t h e expira t ion of such specified period the holder shall (if a con dit ion of residence a t taches to the purchase or lease) commence and con t inue to reside the reon for a period which (when t a k e n wi th t h e period du r ing which he m a y have resided thereon since t he da te of his obligation to do so) shal l complete t he full t e r m prescribed by t h e Pr inc ipa l or this or any repealed Act , and shall , du r ing the t e r m ex tended as aforesaid or otherwise, comple te any other conditions, subject u p o n defaul t in e i ther case to forfeiture. W i t h i n th ree m o n t h s after
t h e expira t ion of such t e r m the condit ional purchase r shal l m a k e a declarat ion as to fulfilment of condit ions. N o t h i n g in t he Pr inc ipa l or th i s A c t shall be held to p reven t or to have preven ted a Local Land
of fencing in respect of any condit ional purchase or condit ional or Board from ex tend ing for more t h a n one year t h e t e r m for t he erection
homes tead lease. 25, The holder of any condit ional lease in respect of which no forfeiture shall have been incurred, may a t any t ime apply for the whole or pa r t of t he land comprised unde r such lease as an addit ional condi t ional purchase or purchases , subject to all the provisions of t h e Pr inc ipa l A c t a n d th is Ac t as to t he m a k i n g of applicat ions, avai lable land, area, deposits, measurement , and all o ther conditions appl icable to ord inary addi t ional condit ional purchases o ther t h a n t h e condit ion of residence (except t h a t no th ing in t h e P r inc ipa l A c t shal l be held to render any such addit ional condit ional pu rchase inval id b y reason only t h a t t he land m a y be s i tuated in t h e W e s t e r n Division) ; provided t h a t t he land so purchased shall not, w i t h a n y condit ional purchases of t he same series, exceed one thousand two hund red and e igh ty acres in t he Eas te rn , or two thousand five h u n d r e d and s ixty
acres in t h e Cent ra l or W e s t e r n Division : A n d in all such cases t h e
r e m a i n i n g area of such condit ional lease m a y b e held at a propor t iona te
p a r t of t h e ren ta l thereof, a l t h o u g h such lease may , w h e n taken wi th
the
t h e l and condit ionally purchased, exceed one thousand two hund red and e ighty acres in the Eas te rn , and two thousand five h u n d r e d and s ixty acres in t h e Centra l or W e s t e r n Division. A refund of t h e r en t a l
| shall no t he granted , un t i l after confirmation of t he appl icat ion for | t h e |
| addi t ional condit ional purchase , hu t , w h e n granted , shal l he | calculated |
from the date of such applicat ion. No twi ths t and ing a n y t h i n g to t he cont rary in t h e Pr inc ipa l Act, no condit ion of residence shall he held to have a t t ached or to a t t ach to any l and condit ionally leased unde r sections forty-eight , fifty-two, or fifty-four of t h a t A c t ; and, subject to p a y m e n t of r e n t and fulfi lment of any prescribed conditions, all condit ional leases, w h e t h e r g ran ted before or after t h e commencemen t of this Act , shall have a t e r m of fifteen years from the respective dates
| of the i r | commencement . |
26. A n y appl ican t for, or holder of, l and condit ionally pur
| chased since t he commencemen t | of t h e Pr inc ipa l A c t | (not be ing |
u n d e r section forty-seven thereof) m a y obta in a condit ional lease, or addi t ional condit ional leases, to comprise an area not exceeding th ree t imes t he area of such land, provided t h a t t h e to ta l area of l and condit ional ly purchased and condit ional ly leased shall no t exceed one t housand two hundred and e ighty acres in t he Eas t e rn , and two thousand five h u n d r e d and s ix ty acres in t he Cent ra l Division. I n es t imat ing t h e area which m a y be condit ionally purchased and condit ionally leased, al l condit ional purchases of t he same series, and all l and held b y condit ional lease by v i r tue of such condit ional purchases shall be included, and the land wh ich may be leased shall adjoin t h e land so conditionally purchased or condit ionally leased. W i t h any appl icat ion for a condit ional lease after t he com m e n c e m e n t of th is A c t a deposit of twopence per acre of t he area applied for shall be paid to t he L a n d Agen t . Appl ica t ions for condi t ional leases or addi t ional condit ional leases unde r th is A c t shall be m a d e in t he prescribed manner , and shall be deal t wi th as if the; same had been m a d e u n d e r t he for ty-e ighth section of the P r inc ipa l Act , and any condit ional lease g ran ted in pur suance thereof shall be deemed to have been g ran ted u n d e r the said section, and t h e provisions of t h a t Ac t shall, unless otherwise provided in th is Act , apply to conditional leases g ran ted after t he commencemen t of th i s Ac t . Al l condi t ional purchases of t h e same series, and all condit ional leases g ran ted in v i r tue thereof, shal l , for all purposes of residence, fencing, or improve m e n t , be deemed to be one holding.
27. Measured Crown Land, upon being applied for as a con
dit ional purchase or condit ional lease, shall be t a k e n in port ions as
measured , and if t h e area applied for or any par t thereof is p a r t of a
measured port ion, such por t ion m a y on approval by t h e Local L a n d Board be subdivided, and the appl icant shall pay t h e cost of survey for such subdivision, provided t h a t in e i ther case t he l imita t ions and pro visions as to form of measu remen t of unmeasured land hereinaf ter con tained shall , as far as pract icable , be held to app ly to appl icat ions for measured land. P o r t h e purposes of th is section l and measured originally for condit ional lease under t he fifty-second section of t h e Pr inc ipa l A c t m a y be held by the Local L a n d Board to be measured or unmeasured :—
(i) No land shall be considered to be measured until the plan of t he measu remen t shall have been approved by t h e Dis t r ic t Surveyor, or an officer duly author ized by t h e Minis te r in t h a t behalf, of which approval t he s igna tu re of t h e Dis t r ic t Surveyor, or such duly authorized officer on such p lan shall be prima facie evidence. Provided tha t , where lands have been measured in pu r suance of t he provisions of t h e Pr incipal Act , or any Act repealed thereby , and the p l an of such
measurement
m e a s u r e m e n t has been approved or accepted by the t h e n Surveyor-Genera l , or some o ther officer, such lands shall, for t h e purpose of t he Pr inc ipa l Ac t or th i s A c t or any repealed Act , be considered measured lands,
(ii) Any land applied for as an original conditional purchase if
unmeasu red and h a v i n g no frontage shall be measured in t h e form of a rec tangle , t he l e n g t h of which shall no t exceed twice t he width ; and if hav ing frontage shall be measured w i t h a b read th of frontage no t exceeding one-half of t he dep th , and all such measu remen t s shall have t he boundar ies , o ther t h a n t h e frontage, directed to the cardinal points . A n d a n y addi t ional condit ional purchase or condit ional lease shal l not , t oge the r or in combina t ion wi th any original or previous addi t ional condit ional purchase or lease, have a greater b read th of frontage or l eng th t h a n as hereinbefore provided for an original condi t ional purchase of an area equal to t h e aggrega te area of such or iginal and addit ional condit ional purchases or condi t ional leases ; b u t whenever it shall appear necessary or desirable, t he Loca l L a n d Board m a y a l t e r or modify t he boundar ies of any land applied for, or direct a measu remen t of t he l and as appl ied for, no twi th
s tand ing tha t such measu remen t may exceed the l imitat ions or provisions of th i s section.
( i i i ) The in te rven t ion of a n y road, not be ing a f rontage or in tended f rontage road, be tween an original condit ional pu r chase and any addi t ional condit ional purchase or condi t ional lease shal l not be an objection to the measuremen t of t h e l and applied for, and in every such case t he addi t ional pur chase or purchases or condit ional lease shall be measured as here in provided. B u t no addi t ional condit ional purchase or condit ional lease shall be allowed of land not on t he same side of any f rontage road or water-course or other prescr ibed f rontage as the purchase or purchases , by vir tue of which such addi t ional condit ional purchase or condit ional lease is appl ied for, unless all t he avai lable land on t h a t side has been exhaus ted . I n t he la t t e r case such addi t ional condi t ional purchase or purchases or condit ional lease may be measu red on t h e opposite side of such frontage as hereinbefore provided.
28 . Not wi ths tand ing a n y t h i n g to t he cont rary in t he Pr inc ipa l
Act , t he r e shal l no t be any fixed m i n i m u m ren ta l (other t h a n a special lease) or license gran ted before the commenceor fee for any lease
m e n t of th i s Act , and b rough t unde r the provisions hereof, or g ran ted
after such c o m m e n c e m e n t : Provided t h a t condit ional leases and homestead leases applied for after t he commencemen t of th i s A c t shal l respect ively be subject to provisional renta ls of twopence a n d one p e n n y per acre pend ing de te rmina t ion of t he r en t in accordance
w i t h th is Ac t . 29. Al l leases g ran ted after the commencemen t of th i s A c t shall
be g ran ted subject to t he provisions hereof as amend ing the Pr inc ipa l Ac t . The holder of any pastoral or homestead or condit ional lease g ran ted before t he commencemen t of th i s A c t (other t h a n of a pastoral lease in t he Eas t e rn Division) may b r ing his lease unde r t he provisions hereof by m a k i n g an appl icat ion to t h e Minis te r w i th in n ine ty days of such commencemen t . I f no such appl ica t ion be m a d e t h e lease shal l con t inue to be dealt w i th as regards t h e ren t thereof, and t h e t e r m thereof shall , except in t he case of condit ional least's, r ema in as if this A c t h a d no t been passed. Subject to applicat ion as aforesaid, and to
t he due fulfi lment of any conditions a t t a c h i n g there to , pastoral or
homestead
| homes tead | leases in t h e W e s t e r n | Division | shal l he for t e rms | of | t w e n t y - |
one y e a r s ; such t e r m being, in t h e case of a lease g ran ted before t h e commencemen t of th i s Act , computed from t h e end of t h a t year of t h e lease which m a y be cur ren t a t t h e c o m m e n c e m e n t of this A c t ; and in the case of a lease g ran ted after t h e commencemen t of th is Act , from the commencemen t of t h e lease. The t e r m of twenty-one years shal l in c i ther case be divided into three periods each of seven years. The t e rms of pastoral leases in t he Centra l and Eas t e rn Divisions, save as hereinaf ter provided, shall no t be affected or al tered by th is Act . The de te rmina t ion of t he ren t for any of the leases herein before referred to, and of license fees for resumed areas in t he Centra l or W e s t e r n Division shall be subject to t he following provisions :—
(a) Subjec t to t he provisions of section e ighty-one of t h e P r inc ipa l A c t t h e Minis ter shall direct, u p o n applicat ion in t h e pre scribed m a n n e r wi th in n ine ty days from the commencemen t of th is Act by t he licensee of any resumed area in the W e s t e r n or Centra l Division, t h a t a reappra i sement shall be made of t h e same ; and in t he case of a pastoral or homestead lease in t he Wes te rn Division, t he ren t shall be separately determined or rede te rmined for each seven year-period of such lease. (b) In the case of a pastoral lease in the Central Division, so m u c h of t h e first period thereof as, after t he end of t h a t year of t h e lease which may be current a t t he commencemen t of this Act , m a y t h e n remain to r u n , shall for t he purposes of th is A c t be joined wi th t h e second period thereof, and t h e ren t shall be redetermined for such combined period. (c) In the case of a conditional lease granted after the com
mencemen t of th is Act , t he r en t shal l be de te rmined for t h e
whole t e r m of the lease. A n d in the case of a condit ional lease g ran ted before t h e commencemen t of th is Ac t , and b rough t unde r t he provisions of th is section, t he r en t shal l be de te rmined for such p a r t of t h e t e r m of t he lease as may remain to r u n after t he end of t he year of t he lease cu r r en t a t t he commencemen t of th i s Act .
Provided always t h a t no th ing hereinbefore contained shall be const rued to pe rmi t t he rede te rmina t ion of any rent or license fee which , u n d e r t h e provisions of t h e Pr inc ipa l Act , shall become or shall have become due for such p a r t of a t e r m as m a y precede or have preceded t h e end of t ha t year of the lease or license which m a y be cur ren t a t t he com m e n c e m e n t of this Act . A n d fur ther provided tha t , pend ing deter
mina t ion , or redeterminat ion, t he lessee or licensee shall in every case
cont inue to pay the provisional or t h e previous r en t or fee ; b u t when
such de terminat ion shal l have been m a d e he shall be ent i t led to a refund of any sums paid in excess, or shall pay wi th in t he prescribed t ime any difference due to t he Crown between the provisional or previous r e n t or fee and the r en t or fee as de termined or redetermined. A n d upon the applicat ion of any homestead or any pastoral lessee t h e Minis te r shal l cause to be issued to h i m a lease for t he land held by h im, which lease shall be in t he form prescribed, and shall be subject
| to a fee of t w e n t y | shil l ings. |
30. L a n d s reserved from sale for towns or villages shall no t be deemed by v i r tue of such reservations to be w i t h d r a w n from pastoral or homestead lease ; b u t t he proclamation of cities, towns , and vil lages, and the definition of the l imits of subu rban lands to be a t tached there to , shall be held to wi thd raw and to have w i thd rawn such lands from any lease or l icense wi th in t he boundar ies of which they m a y be s i tuated from the da te of such proclamat ion.
3 1 . The holder of a n y pas tora l lease m a y surrender his lease
after h a v i n g given the Minis te r no t less t h a n twelve m o n t h s not ice of his in ten t ion so to do, and such not ice shall specify t he date on
| which the surrender is in tended to t ake effect. | 32 . |
32. U p o n t h e forfeiture of any condit ional or other purchase , or forfeiture or sur render of any condit ional or o ther lease, or upon the revocat ion of any reserve from lease or license s i tuated whol ly wi th in the ex te rna l boundar ies of any pastoral or homestead lease or occupation license, t h e land comprised there in shal l (subject to t h e power of the Governor or the Minis ter to waive or reverse such forfeiture, or to cancel or modify such revocation) be added to t h e land u n d e r lease or license, and be included u n d e r such lease or license, and from the date of for fei ture t a k i n g or h a v i n g t a k e n effect or the notification in t he Gazette of t h e revocat ion of t he reserve, r en t or l icense fee shall be payable for such un improved lands a t t he same r a t e pe r acre as for t he res t of t h e lease or l i cense ; a n d in respect of any land which may contain improvements t he r e n t or license fee shall be de te rmined in accordance; wi th the provisions of section six of th is Act . A n y such forfeited or sur rendered lands , s i tua ted wholly wi th in t h e ex te rna l boundaries of any reserve from sale, or lease or license, or reserve from condit ional purchase , or of any popula t ion area, or special area, or s u b u r b a n lands, or gold-field, shal l be added to and form p a r t of t h e same w h e t h e r he ld unde r lease or license or not , a n d no specific notification of such reservat ion or addi t ion as aforesaid shal l he held to be necessary u n d e r t h e Pr inc ipa l A c t or th is A c t ; provided t h a t where lands reserved or set apa r t as aforesaid are held unde r lease or license, any lands so added shall be also included unde r t h e lease or license, subject to p a y m e n t as hereinbefore provided. The n o n - p a y m e n t wi th in t he prescribed t ime of any sums due as aforesaid shall involve t h e forfeiture of t h e lease or license. I n any case where any forfeited or other lands have been or shal l be reserved from sale and from lease or license, unde r one notification for any publ ic purpose, i t shall be lawful for t he Governor, by notification in t h e Gazette, to revoke any such reservat ion,
has obs t ruc ted t he business of t he said Cour t (or) has commit ted a con tempt in face of t h e said Cour t (or) & c , &c. These are therefore to command you the said Sheriff and all t he said officers as aforesaid to apprehend the said A.B. , and to de ta in and convey him to t h e said gaol, &c, and to deliver him to t he said keeper thereof, t oge the r with th is w a r r a n t ; and you the said keepe r to receive him in to your custody in the said gaol, & c , and him the re safely to keep unt i l t he said A . B . shall have signified to t h e L a n d Cour t his submission to make the said oath or affirmation (or) &c., and the fu r the r order of t h e said C o u r t in t he premises shall have been made known to you u n d e r my h a n d (or) un t i l the t e rm of days from the da te hereof shall have expired (or) unt i l
a line of £ shall have been paid (or) un t i l t he said A .B . shall have been otherwise discharged in due course of law.
Given under my hand this day of a t aforesaid.
C.D., Pres ident .
(or) E .F . , Act ing-Pres ident .
F O U B T 1 I S C H E D U L E . (A.)
I n the m a t t e r of t he " Crown L a n d s Ac t of 1884" and the " Crown L a n d s Act of 1889."
To the Sheriff of N e w Sou th W a l e s , his depu ty and assis tants , and to all officers of t he
Police F o r c e of New Sou th W a l e s , and to t he keeper of t he gaol, prison, or lock
u p a t T H E S E a re to command you the said Sheriff and all officers as aforesaid to app rehend
A . B . of and to convey him to the said gaol, & c , and to deliver him to t he said
keeper , t oge the r wi th this w a r r a n t ; and you t h e said keeper to receive h im into your cus tody in t he said gaol, & c , and him the re safely to keep for t he t e rm of [or unless
t he sum of shall be sooner p a i d ] , I , t he unders igned , cha i rman of t he Local Land
Board , s i t t ing a t , having now here adjudged t h e said A.13. [ to pay a fine of and in default of immedia te p a y m e n t thereof] to be imprisoned for t he said term, for t h a t he t he said A . B . [here state the offence to the following effect as the case may require] having been du ly served wi th a summons or subposna to a t t e n d and give evidence before
t he said Boa rd in t he m a t t e r of [here state the nature of the proceedings], and having had paymen t or t ender of his reasonable expenses duly made to him has neglected to appear , such neglec t having been wi thou t j u s t cause or reasonable excuse (or) having been duly summoned or subpoenaed (or ) examined as a wi tness on t he hear ing of a cer ta in m a t t e r [here state the nature of the proceedings] has refused to make oath, affirmation, promise , or declara t ion in l ieu of an oath before t he said Board (or) has refused to answer a cer ta in lawful quest ion, t h a t is to say [here state the nature of the question] (or) has refused to p roduce a ce r ta in document wi th in his possession or control , t h a t is to say [here state the nature of the document] (or) to sign his examinat ion reduced into wri t ing, &c., &c., be ing lawfully requi red by me the said Chai rman so to do, a n d such refusal be ing w i thou t lawful cause or excuse (or) has prevar icated in his evidence.
Given u n d e r my hand this day of 18 a t aforesaid.
C D . , Cha i rman of t he Local L a n d Board.
(B.)
(B.)
I n t he m a t t e r of the " Crown Lands A c t of 1 8 8 1 " and the " Crown Lands Ac t of 1889 ." To the Sheriff of Now South "Wales, his depu ty and assis tants , a n d to all officers of t he
Police Force of N e w Sou th W a l e s .
WHEREAS it has this day appeared to me, t h e Chai rman of the Local L a n d Board , s i t t ing a t t h a t A.B. of having been duly served with a subpoena or
| summons to a t t e n d and give evidence before t h e said Board in the m a t t e r of [here | stale |
the nature of the proceedings'], and having had t ende r or p a y m e n t of his reasonable expenses duly made to him has failed to appear when called, these are to command you fo r thwi th to apprehend the said A.B. and to detain him in custody and b r ing him before the said Board to give evidence in t he said mat te r .
Given under my h a n d this day of a t aforesaid.
C . D . , Chai rman of the Local L a n d Board.
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