Crown Lands (Amendment) Act 1919 (NSW)

CROWN LANDS (AMENDMENT)

ACT.

Act No. 44, 1919.

An Act to amend and declare the law relating to Crown lands ; to amend the Crown Lands Consolidation Act, 1913, and the Crown Lands (Amendment) Act, 1017; and for other purposes. [Assented to, 22nd Decemher, 1919.]

lative Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . This Act may be cited as the "Crown Lands (Amendment) Act, 1919," and shall be read with and form

form part of the Crown Lands Consolidation Act, 1913, hereinafter referred to as the Principal Act,and shall come into force on a date to he proclaimed by the Governor and published in the Gazette.

2. The following amendments are made in the

Principal A c t : —

Section thirty-three: After "homestead selection area " wherever occurring insert " or homestead farm area, or Crown lease area or suburban holding area."

Section forty-seven, subsection four, as amended by the Crown Lands (Amendment) Act, 1917 :

Before " more than a home maintenance area"

insert " substantially."

Section sixty-three, subsection four : Omit " of a

less area than forty acres."

Proviso to subsection four :  Omit " five years "

insert " ten years." Omit "one quar ter"
insert "not less than ten per centum."

Subsection five : Omit "one quarter" insert "ten per centum."

Section eighty-five, subsection four: Before " o r Crown lease " insert " week-end lease."

Section ninety-four is repealed and the following section is substituted for it, and shall take effect as from the commencement of the Prin­ cipal Act, and shall be deemed to have applied

and shall apply to a homestead selection or grant whether made before or after the commence­ ment of the said Act :—

91 . The capital value of the homestead

selection or grant shall for the first period of
twenty-five years after the application for such homestead selection be the value as notified unless a lower value has been determined in pursuance of the provisions of this Act, and

for every succeeding period of twenty-five

years shall be determined irrespective of
improvements by the local land board.

Section one hundred and six, subsection three, as inserted by the Crown Lands (Amendment) Act, 1917 : Omit " 1917 " and insert " 1919 ."

Section

Section one hundred and thirteen, proviso to sub- section one: Before "exceed a home main­

tenance a rea" insert "substantially."

Subsection five, proviso (a) : Before "more than

a home maintenance area," as inserted by

the Crown Lands (Amendment) Act, 1917,
insert " substantially."

Section one hundred and fourteen, subsection two,

paragraph ( a ) : Before "exceed a home main­
tenance area " insert "substantially."

Subsection two, paragraph (b) : After "con­ ditional purchase lease " insert " or homestead farm or Crown lease." Before " o r lease applied for " insert " homestead farm."

Section one hundred and eighteen, subsection three : After "paid by the Crown" insert "other

than for improvements."

Section 118A, subsection two, as inserted by the Crown Lands (Amendment) Act, 1917 : At the end of the first paragraph add :—" Provided that, unless it permits withdrawal of an appli­

cation, the local land board shall, after due

inquiry into the merits of every application, report to the Minister whether it should be refused or granted for such area as in its opinion the circumstances of the applicant warrant, and that the Minister may, at his discretion, grant

or refuse any application either as to the whole
or any part of the land applied for."

Section one hundred and twenty-four, subsection three : After " paid by the Crown" insert

" other than for improvements."

Section one hundred and thirty, subsection three : After " paid by the Crown " insert " other than for improvements."

Section 130A, subsection two, as inserted by the Crown Lands (Amendment) Act, 1917 : At the end of the first paragraph add : — " Provided that, unless it permits withdrawal of an appli­

cation, the local land board shall, after due

inquiry into the merits of every application, report to the Minister whether it should be refused or granted for such area as in its

opinion

opinion the circumstances of the applicant warrant, and that the Minister may, at his discretion, grant or refuse any application either as to the whole or any part of the land applied for."

Section one hundred and sixty-three, second para­ graph : Omit " on reference by the Minister."

Third paragraph : Omit the proviso.

Section one hundred and seventy-eight, subsection four, as inserted by the Crown Lands (Amend­ ment) Act, 1917 : At the end of the sub-

section add :—" Where in pursuance of this

provision the Minister dispenses with the condition of residence attaching to any holding, and the local land board finds that the improve­ ments required to have been or to be effected have been effected, the local land board may issue a certificate of fulfilment of all conditions other than payment of the balance of purchase money, and a deed of grant may be issued upon payment of such balance of purchase money notwithstanding that the original term
of residence may not have expired."

Section one hundred and eighty-three, subsection four : At the end of the subsection insert :—

" Provided that where before or after the commencement of the Crown Lauds (Amend­ ment) Act, 1919, application has been made within twenty-five years from the date of the application for the homestead selection to

issued for the same, the capital value for the	convert such homestead selection or the grant
purposes of such conversion shall not exceed the determination of value made by a local land board and applicable during the first period of fifteen years from the execution
of the grant, or twenty years from the date of the application for the homestead selection
or any part of such period; or, when no
such determination has been made, shall not exceed the value notified when the land was set apart, notwithstanding that by a subsequent determination the capital value of the homestead selection has been increased."

Section

Section one hundred and eighty-three : At the end

of subsection ( 5 A ) as inserted by the Crown

Lands (Amendment) Act, 1 9 1 7 , insert:—

Provided that at the time of conversion the holder of a homestead farm may upon applica­ tion have the capital value determined by the
local land board for the purposes of conversion,

notwithstanding that an appraisement may have been made. The capital value so deter­ mined shall be the price at which the land shall be convertible under this section.

Section one hundred and eighty-six : At the end of the first paragraph of subsection (1A) as inserted by the Crown Lands (Amendment)

Act, 1 9 1 7 , insert:—

Provided that at the time of conversion the holder of a Crown lease may upon application have the capital value thereof determined by the local land board for the purposes of con­ version, notwithstanding that an appraisement may have been made. The capital value so determined shall bo the price at which the land shall be convertible under this section.

Section 1 8 S A as inserted by the Crown Lands (Amendment) Act, 1 9 1 7 : After " the land in question" insert "o r any part thereof." After "such areas" insert "o r any part thereof."

At the end of the section add:—"Provided that where the local land board is of opinion that the applicant does not hold substantially more

than a home maintenance area, the price or

capital value of the land shall be that notified,

or if not notified, shall be determined as at the

date of the application for the settlement lease."

Section one hundred and ninety, subsection seven, paragraph (a) : After paragraph (b) of the proviso as inserted by the Crown Lands (Amendment) Act, 1 9 1 7 , insert the following new paragraph :—

(c) the consent of the Minister shall not be required to any transfer or other dealing with such holding.

Section

Section one hundred and ninety-three, subsection one : At the end of the subsection add : —

(g) Provided that upon application as prescribed the holder of an improvement

lease or scrub lease which in the opinion

of the local land board is not sub- tantially more than sufficient for the maintenance of a home may be allowed to obtain a homestead selection thereof

before the last year of the term of the
lease.

Section one hundred and ninety-seven, second paragraph : After " local land board " (where secondly occurring) insert "Provided that where land is required for returned or discharged soldiers or sailors, the Governor may resume such land, by notification in the Gazette, with­ out inquiry or report by the local land board on the proposal."

Section two hundred and six, subsection two:

After " forfeiture " insert " or surrender."

Section two hundred and thirty-eight, paragraph (b) : After " or Crown lease" insert " or special lease."

Paragraph (d) : The following new subparagraph

is inserted after subparagraph (v) :—

(vi)   She may, with the consent of the Minis­ ter, obtain an extension of the term of a residential lease legally held by her.

Section two hundred and thirty-nine, subsection

one: After "non-residential conditional pur­

chase " insert "o r week-end lease."

Section two hundred and sixty-live, subsection three:
At the end of subsection insert:—"Provided

that where a certificate of fulfilment of con­ ditions has been issued, the Minister may consent to any such purchase or lease being transferred to two or more persons."

Section two hundred and sixty-seven: Insert " substantially " immediately before " exceed a

home maintenance area."

Sec t ion

Section two hundred and seventy-two, subsection s ix: At the end of the subsection add: " Provided that the provisions of this section shall not apply to the subdivision of a grant if the Minister so certifies in the prescribed form and upon the issue of such certificate any parts of the holding may be transferred or otherwise dealt with without recourse to this section."

Section three hundred and nineteen, subsection one: After "every period thereof shall b e " insert " a n d shall be deemed to have been " ; omit " fifteen " wherever occurring in each

subsection, insert ' ' twenty ."

Section three hundred and twenty-one, subsection one : Omit proviso (a).