Act No. 6, 1910.
An Act to amend the Crown Lands Acts in certain respects; and for purposes conse quent thereon or incidental thereto. [19th August, 1010.]
| Assembly of New South Wales in Parliament assembled, and by the | BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative |
| authority of the same, as follows :— |
Preliminary.
| before or after the commencement of this Act. | Withdrawal |
1. This Act may be cited as the "Crown Lands (Amendment)
Act, 1010 ," and shall be construed with the Crown Lands Acts.
| Extension of period for | reappraiscment. |
2. Where by the Crown Lands Acts it is provided that the
capital value of a homestead selection after the grant thereof, or
of a conditional purchase; lease, or the rent of a conditional lease or of a settlement lease, shall be determined at the expiration of a period of ten years, such period is hereby extended to fifteen years.
This section shall apply to the holdings aforesaid, whether held
| Withdrawal | of application | to convert into mineral conditional | purchase. |
3 . Section seven of the Crown Lands Act of 1884 is amended
by adding at the end thereof the following farther proviso :—
Provided further that the Minister may permit any such
application for conversion to be withdrawn or annulled upon
sufficient reason being shown to hiin before the issue of certificate
of conformity in respect of such conditional purchase for mining
purposes. On such withdrawal or annulment being permitted, the moneys paid with the application for conversion (less such amount as the Minister may direct to be deducted for costs) shall
be refunded.
Limitation of value of improvements to be effected on conditional
| purchases or conditional | leases. |
4 . Notwithstanding any provision of the Crown Lands Acts it shall not he necessary to effect, improvements on any conditional purchase, other than a conditional purchase under section forty-seven
of the Crown Lands Act of 1S84. or on anv conditional lease, within
thrBe years from the date of confirmation of the application for such
conditional purchase or conditional lease, to a greater value than thirty per centum of the price of the subject land, or to effect improvements within five years from such date to a greater value than fifty per centum of such price. The price of the land the
subject of any conditional lease shall for the purposes of this section
be dBemed to be the price at which it is convertible into an additional
conditional purchase.
The provisions of this section are extended to apply to any such
conditional purchase or to any conditional lease in respect of which the period for effecting the improvements is current at the commence ment of this Act.
| AMENDMENT OF CROWN LANDS (AMENDMENT) ACT, 1908. |
5. (1) Subsection one of section four of the Crown Lands (Amendment) Act, 190S, is amended by omitting the provisos and all the words following to the end of the subsection.
(2) Where, before the commencement of this Act, the
capital value or price of land has been determined under the said provisos, such capital value or price shall be deemed to have been and shall be the capital value or price upon which the rent of the homestead selection or grant was payable at the date of application
for conversion, unless a lower value or price has been so determined.
6. (1) Subsection one of section seven of the same Act is
amended—
| (a) | in paragraph (b), by omitting the words "or if the Minister |
or the applicant is dissatisfied with the value as so determined or notified," and omitting the words " or on application by
the applicant for conversion " ;
| (b) | in the proviso, by omitting all the words after " conversion," and inserting in lieu thereof the words "and shall determine the capital value of the land as at the date of the application |
for the settlement lease."
(2) AVhcre, under subsection one of section seven of the
said Act, a hoard has, before the commencement of this Act, determined the capital value of land converted, such value shall be
dBemed to have bBen and shall he the capital value as determined or
notified prior to the application for conversion, unless a lower value has bBen determined under section seven as aforesaid; and, when; such value lias not bBen determined or notified prior to the application
for conversion, the value shall be such sum as the Minister and the
applicant for conversion agrBe to ; or, failing such agrBement, the board shall determine the capital value under the provisions of the said subsection as amended by this Act.
7. Subsection thrBe of section twenty-five of the said Act is
| repealed. | Such repeal shall take effect as from the first day of |
February, one thousand nine hundred and nine.
The following amendments are also made in subsection one of
the said section :—
| (a) | The words " conditional purchase lease " are inserted next |
after the expression " or any part of a "
| (b) | The words "so applied for" are inserted betwBen the words |
" lease " and " being "
| 8. Section twenty-eight of the said Act is hereby repealed. |
Such repeal shall take effect as from the first day of February, one
thousand nine hundred and nine : Provided that such repeal shall
not affect anything lavvfully done under the said section.
9. The several additions, alterations, substitutions, and omis sions set out in the Schedule hereto shall be made in the sections and subsections of the Acts mentioned in such Schedule.
S C H E D U L E .
S C H E D U L E .
No. of
| Title of Act. | section and | Amendment. |
| subsection. |
| C r o w n | L a n d s | A c t | 1 1 7 | T h e | w o r d s | " or ig ina l | c o n d i t i o n a l | p u r c h a s e s | " are | s u b s t i t u t e d |
| of | 1 8 8 4 . | for | t h e | w o r d s | " w h o l e | area " |
| C r o w n | L a n d s | A c t | 10 | " M i n i s t e r | " is | s u b s t i t u t e d | for | " G o v e r n o r | " |
| C r o w n | L a n d s | A c t | 5 0 | " M i n i s t e r " | is | s u b s t i t u t e d | for | " G o v e r n o r " | T h i s | a m e n d |
| of | 1 8 9 5 . | m e n t | shal l | t a k e effect | from | t h e | first d a y of | F e b r u a r y , |
| o n e | t h o u s a n d | n i n e | h u n d r e d | and | n i n e . |
| C r o w n | L a n d s | A c t | 51 | T h e | w o r d s | " b y | t h i s | A c t | or b y | a c o n d i t i o n | a t t a c h e d | to | a n y |
| of | 1 8 9 5 . | lease | 'are | i n s e r t e d | a f t er | t h e | e x p r e s s i o n | " t o | be | c o n f e r r e d " |
| T h e | w o r d s | " or | b y s u c h | c o n d i t i o n | as a foresa id | " are | i n s e r t e d |
| i m m e d i a t e l y | p r e c e d i n g | t h e | e x p r e s s i o n | " sha l l | i n | a l l |
| case s b e " |
| A p p r a i s e m e n t | A c t , | T h e | w o r d s | " or w i t h | t h e | c o n s e n t of | t h e | M i n i s t e r | a t | a n y |
5
| 1 9 0 2 . | subsec. (1) | t i m e | t h e r e a f t e r | s h o u l d | h e | be | sat i s f i ed | t h a t | t h e | c i r c u m |
| s t a n c e s | w a r r a n t | i t " | are | a d d e d | a t | t h e | e n d | of | t h e |
s u b s e c t i o n .
| C r o w n | L a n d s | 4 | T h e | f o l l o w i n g | w o r d s : — " ( e ) | c o n d i t i o n a l | p u r c h a s e | l e a s e s " |
| A m e n d m e n t | A c t | subsec. (1) | are | i n s e r t e d | n e x t | a f t er | " ( d ) | s e t t l e m e n t | l e a s e s " |
| C r o w n | L a n d s | 5 | A f t e r | p a r a g r a p h | (b) | (ii) | t h e | f o l l o w i n g | prov i so | is | i n s e r t e d : — |
| ( A m e n d | m e n t ) | subsec. (1) | " P r o v i d e d | t h a t | u p o n | conf irmat ion | of | the | c o n v e r s i o n |
| A c t , | 1 9 0 8 . | tlx; board | s h a l l | def ine | t h e | area | of | t h e | c o n d i t i o n a l | l ease |
| w h i c h | m a y | b e | c o n v e r t e d | i n t o | a d d i t i o n a l | c o n d i t i o n a l |
| purchase , | a n d | t h a t | t h e | r i g h t | of | c o n v e r s i o n | is | h e r e b y |
| l i m i t e d | t o | such | area ." |
| C r o w n | L a n d s | 5 | T h e | w o r d s | " w i t h | or | w i t h o u t | a n " | are | s u b s t i t u t e d | for | t h e |
| ( A m e n d m e n t ) | subsec. (1) | word | " o r " | in | p a r a g r a p h | (c), | a n d | t h e | w o r d s | " a t | t h e |
| A c t , | 1 9 0 8 . | d a t e | of | c o n v e r s i o n | of | t h e | s e t t l e m e n t | l e a s e " | are | a d d e d |
| a t | t h e | e n d | of | t h e | p a r a g r a p h . |
| C r o w n | L a n d s | 6 | P a r a g r a p h | (c) | is | h e r e b y | repea led . |
( A m e n d m e n t )
| C r o w n | L a n d s | 17 | T h e | w o r d s | " or | s c r u b | l e a s e s " | are | i n s e r t e d | n e x t | a f ter |
| ( A m e n d | m e n t ) | " i m p r o v e m e n t | l ea se s | " |
00
| C r o w n | L a n d s | T h e | f o l l o w i n g | is | a d d e d | a t | t h e | e n d | of | s u b s e c t i o n | ( 1 ) : — |
| ( A m e n d | m e n t ) | subsec. (1) | " W h e r e | a n y | l and | a p p l i e d | for is n o t | w i t h i n | a n area | se t |
| A c t | 1 9 0 8 . | a p a r t | for | a d d i t i o n a l | c o n d i t i o n a l | p u r c h a s e | lease , | a s | afore |
| said, t h e cap i ta l v a l u e for t h e first t e n | years ' per iod | of |
| t h e | lease | shal l | be | t h a t d e t e r m i n e d | by | t h e | board, | s u b j e c t |
| t o t h e | prov i s ions | of | s e c t i o n | s i x of | t h e | C r o w n | L a n d s |
S C H E D U L E — c o n t i n u e d .
No. of
| Title of Act. | section and | Amendment. |
| subsection. |
| C r o w n | L a n d s | 2 2 | T h e | w o r d s | '•' l ease | or | a n | a d d i t i o n a l | c o n d i t i o n a l | p u r c h a s e | " |
| ( A m e n d | m e n t ) | Bubsec. (2) | are | s u b s t i t u t e d | for | t h e | w o r d s | " o r | c o n d i t i o n a l | l ease | " |
| A c t , | 1 9 0 8 . | par. | (a) . |
| C r o w n | L a n d s | 29 | T h e | words | " S u c h | s e t t i n g | a p a r t | a s | a foresa id | shal l | a l so | h a v e |
| ( A m e n d m e n t ) | t h e | effect | of | r e v o k i n g | a n y | p r e v i o u s | s e t t i n g | a p a r t | of | the |
| A c t , | 1 9 0 8 . | s a m e | l a n d | un le s s | e x p r e s s l y | e x c l u d e d | from | r e v o c a t i o n |
| b y | t h e t e r m s | of | the | not i f i ca t ion | " are | a d d e d | a t | t h e | e n d |
| C r o w n | L a n d > | 4 4 | " f o u r t e e n ' ' | is | s u b s t i t u t e d | for | " s e v e n " . | T h i s | a m e n d m e n t |
| ( A m e n d m e n t ) | aubsec. (iii) | sha l l | be d e e m e d | to | h a v e | t a k e n effect o n a n d | from | t h e |
| A c t | of | 1 9 0 8 . | coming | i n t o force | of | t h e | C r o w n | L a n d s | ( A m e n d m e n t ) |