Crown Lands and Closer Settlement (Amendment) Act 1938 (NSW)

CROWN LANDS AND CLOSER SETTLEMENT (AMENDMENT)

ACT.

Act No. 29, 1938.

An Act to make further provision in relation to closer settlement; to extend for a further period certain provisions of the Crown Lands (Amendment) Act, 1932; to provide for the waiver or remission of certain payments in connection with the indebtedness of dis­ charged soldiers; to validate certain matters; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, the Crown Lands (Amendment) Act, 1932, the Returned Soldiers Settlement Act, 1916, the Farmers' Relief Act, 1932-1937, the Closer Settlement Acts, and certain other Acts in certain respects; to repeal the Crown Lands (Amendment) Act, 1935; and for purposes connected therewith. [Assented to, 14th December, 1938.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South 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 he cited as the "Crown Lands and Closer Settlement (Amendment) Act, 1938."
2. The enactments mentioned in the Schedule to this Act are, to the extent therein indicated, hereby repealed.

3 . (1) The Closer Settlement Act, 1904, is amended—

(a) by inserting at the end of section twenty-seven the following words:—

In any case where the settlement purchase applied for is within a settlement purchase area which has been set apart subject to a special condition imposed under subsection (1A) of section twenty-one of the Closer Settlement (Amendment) Act, 1909, the application shall also be accompanied by the undertaking referred to in that subsection.

(b) by inserting in section thirty-six after the words "complied wi th" the words " o r if, in the ease of a holding within a settlement purchase area set apart subject to a special condition imposed under subsection (1A) of section twenty-one of the Closer Settlement (Amendment) Act, 1909, the purchaser neglects or refuses to comply (either wholly or in part) with the undertaking given by him in accordance with that special condition."

(2) The Closer Settlement (Amendment) Act, 1909,

is amended—

(a) by inserting in section two after the definition of "Home maintenance a r e a " the following new definition:—

"Rura l Bank" means the Rural Bank of

New South Wales.

(b) (i) by inserting next after subsection one of section twenty-one the following new sub­ section :—

( 1 A ) Any settlement purchase area may be set apart subject to a special condition that every application for a settlement pur­ chase out of that settlement purchase area shall be accompanied by an undertaking by the applicant in or to the effect of the Schedule to this Act.

(ii)

(ii)   by inserting at the end of subsection five of the same section the following words:—

In any case where the settlement purchase area is set apart subject to a special con­ dition imposed under subsection (1A) of this section the notification shall set out the special condition so imposed.

(c) by inserting next after section twenty-five the following Schedule:—

SCHEDULE.

Undertaking by Applicant for a Settlement Purchase.

To the Minister for Lands,

I, , of , being an applicant

for a Settlement Purchase within Settlement Purchase Area, undertake that I will in the event of my application being allowed by the Local Land Board—

(a)	if called upon so to do by the Minister for Lands within a period of one year after the date upon which such applica­ tion is so allowed, immediately apply to the Rural Bank for the maximum advances which the Rural Bank may be prepared to make upon the security of a mortgage or mort­ gages over the land allowed to me as a settlement purchase;
(b)	do all other things required by the Rural Bank to enable early consideration to be given to my application for the advances;
(c)	accept any advances which the Rural Bank may be prepared to make;
(d)	upon request and without delay do all things and sign all documents required by the Rural Bank in connection with any advances to be made by i t ; and
(e)	apply the whole of such advances in payment of the moneys

This undertaking is given on the basis that the Rural Bank may make an advance to me from either its Rural Bank Department or from its Closer Settlement Agency or partly from one and partly from the other AND also that the terms of the advances to be made may be such as the Rural Bank may see fit to allow subject to the proviso that during the period of five years commencing on the date of commencement of title to my settlement purchase and notwith­ standing that any mortgage or mortgages may provide for other payments or obligations I shall be entirely relieved of any obligation to pay to the Rural Bank any amount in excess of that which I would have been bound to pay in respect of the settlement purchase if the advances had never been made AND subject also to the further proviso that after the expiration of the said period of five years and notwithstanding that interest under the mortgage or mortgages owing by me in respect of the settlement purchase.

may

may be payable to the Rural Bank at a higher rate I shall be entirely relieved of any obligation to pay that part (if any) of the interest which exceeds five per centum per annum on the amount secured from time to time AND upon the further basis that nothing herein or in any law or regulation contained shall prevent the Rural Bank from exercising any rights whatsoever under its mortgage or mort­ gages from me (subject to the limitation hereinbefore contained as to the payment obligations during the first period of five years and also to the limitation hereinbefore contained as to the interest rate after the expiration of the said period of five years) in the same manner as if this undertaking had never been given.

Dated at , this day of , one

thousand nine hundred and thirty

Signed by the said

in my presence

4. The Crown Lands (Amendment) Act, 1932, as amended by subsequent Acts, is amended—

(a)	by omitting from section three the words "six yea r s " wherever occurring and by inserting in lieu thereof the words "nine y e a r s " :
(b)	by inserting at the end of subsection three of the same section the following proviso:—

Provided that where the annual rental for the second or any succeeding period of any lease to which the provisions of section one hundred and forty-three of the Crown Lands Consolidation Act, 1913, apply, is determined as provided in that section, such annual rental shall, as from the commencement of such second or subsequent period, be the annual rental of the lease but shall

be subject to the reduction prescribed by sub­section one of this section, and as so reduced shall continue to be the annual rental payable for

the balance of the period of nine years referred
to in this subsection.

5. The Returned Soldiers Settlement Act, 1916, as amended by subsequent Acts, is amended by inserting after paragraph (b) of subsection one of section twenty- one the following new paragraphs:—

(b1) remit to any discharged soldier an amount
equivalent to the whole or part of the interest on

the balance of purchase money paid, pursuant to

section

section fifteen of the Closer Settlement (Amend­ ment) Act, 1914, up to the first day of December, one thousand nine hundred and fourteen, or where the settlement purchase was made or acquired after that day, up to the first day of December next after the date of the settlement purchase application;

(b2) waive the payment by any discharged soldier of, or remit to any discharged soldier, an amount equivalent to the whole or part of any interest added to the balance of purchase money owing on a settlement purchase in pursuance of the provisions of section fifteen of the Closer Settlement (Amendment) Act, 1914;

(b3) remit to any discharged soldier an amount equivalent to the whole or part of the interest on the balance of purchase money in respect of a group purchase paid pursuant to regulations made under this Act, for the period from the date' when the then last annual instalment fell due up to the first day of September, one thousand nine hundred and twenty-five, or where the group purchase was confirmed after that day, up to the first day of September next after the date of confirmation of the group purchase;

(b4) waive the payment by any discharged soldier of, or remit to any discharged soldier, an amount equivalent to the whole or part of any interest for the period from the date when the then last annual instalment fell due up to the first day of September, one thousand nine hundred and

twenty-five which was added to the balance of

purchase money in respect of a group purchase
pursuant to regulations made under this Act.

6. The Farmers ' Relief Act, 1932-1937, is amended by inserting at the end of section 34G the following new paragraph:—

(c) the Minister for Lands may write off either wholly or in part—

(i)   any rent or interest due or owing to the Crown under the Crown Lands Consolida­ tion Act, 1913 (except Par t VI thereof),

the

the Closer Settlement Acts, the Returned Soldiers Settlement Act, 1916, the Prickly- pear Destruction Act, 190.1, or the Prickly-pear Acts, 1924-1931, or any of those Acts as amended by subsequent Acts; or

(ii)   any amount secured by any mortgage or charge in favour of the Minister for Lands.

7 . (1) (a) Subsection two of this section shall be

deemed to have commenced on the thirtieth day of
December, one thousand nine hundred and thirty-two.

(b) Subsection three of this section shall be deemed to have commenced on the twenty-sixth day of February, one thousand nine hundred and thirty-five.

(2) The Crown Lands Consolidation Act, 1913, is

amended—

(a)	by omitting from section fifty-two the word " l eases" and by inserting in lieu thereof the
word " l e a s e " ;

(b) (i) by omitting from section one hundred and
seven the word " l eases" where firstly

occurring and by inserting in lieu thereof

the word " l e a s e " ;

(ii)   by omitting from the same section all words commencing with the words "Where an instrument of lease has issued" down to and including the words "within one month after

being called upon to do so ."

(c) by omitting paragraph (a) of subsection seven of section one hundred and nine and by insert­ ing in lieu thereof the following paragraph:—

(a) (i) where, at the date of application for conversion, the title to the conditional purchase lease was a lease in perpetuity as to the whole or any part of the land comprised therein, the title to the conditional lease shall, as to the whole or such part as the case may be, and, notwith­ standing anything in section fifty-two of this Act, be a lease in perpetuity.

( i i )

(ii) where, at the date of application for conversion, the term of the conditional purchase lease was for fifty years as to the whole or any part of the land comprised therein, the provi­ sions of section fifty-two of this Act shall apply to and in respect of the conditional lease, as to the whole or such part, as the case may be:

Provided, however, that the conditional lease, to the extent to which it is not a lease in perpetuity, shall, in lieu of the term of forty years referred to in that section, be for a term commencing on the date of application for conversion and ending at the expiration of forty years from the date of commencement of the original conditional purchase lease.

(d) by omitting paragraph (b) of section one hundred and thirty-four and by inserting in lieu thereof the following paragraph—

(b) if the Crown-lease has been extended to a lease in perpetuity as to part only of the land comprised therein—

(i)   the Crown-lease shall be surrendered and separate leases issued for such part and for the residue of the land comprised in the Crown-lease; and where any person has an interest as mortgagee or otherwise in the Crown-lease so surrendered the document evidencing or agreement creat­

ing such interest shall except in the case of a transfer under this Act, be read and

construed as if the reference in such docu­

ment or agreement to the Crown-lease so surrendered were a reference to the new leases so issued, and where the document or agreement is a transfer under this Act by way of mortgage, it shall be deemed to include an undertaking to execute such further transfers as may be necessary to confer on such person an equivalent interest in the new leases, and in such case the transferee shall, by virtue of this Act,

have

have authority to execute, as the attorney and at the expense of the transferor, any such transfer, if the transferor fails to execute the same within one month after being called upon to do so;

(ii)  the new leases shall commence on the date of publication in the Gazette of the noti­ fication that the Minister has granted the application and the term of the new lease for such residue shall be the balance of the term of the Crown-lease subsisting at that date;

(iii)   no additional condition of residence or of fencing shall attach to such new leases;

(iv)   the new leases shall, subject to this section, be held subject to the conditions apper­ taining to the Crown-lease at the date of the application.

Subject to this section the general provisions and conditions relating to Crown-leases shall apply to the new leases issued in pursuance of this section.
Any number of Crown-leases held in the same interest and whether original or additional or both may be included in one application under this section; but an original Crown-lease and any additional Crown-lease held in virtue thereof in the same interest shall be included in one

application.
(e)	by omitting paragraph one of section one hundred and eighty-five and by inserting in lieu thereof the following paragraph:—

(1) (a) Where, at the date of application for conversion, the title to the settlement lease or Crown-lease was a lease in perpetuity as to the whole or any part of the land comprised therein, the title to the conditional lease shall, as to the whole or such part as the case may be, and, notwithstanding anything in section fifty-two of this Act, be a lease in perpetuity.

(b)

(b) Where, at the date of application for conversion, the settlement lease or Crown-lease was for a term of years as to the whole or any part of the land comprised therein, the provi­ sions of section fifty-two of this Act shall apply to and in respect of the conditional lease, as to the whole or such part, as the case may be:

Provided, however, that the conditional lease, to the extent to which it is not a lease in perpetuity, shall, in lieu of the term of forty years referred to in that section, be for a term commencing on the date of application for conversion and ending at the expiration of forty years from the date of commencement of the original settlement lease or the original Crown- lease, as the case may be.

(f) by omitting from paragraph four of section one hundred and ninety-four the words "towards the rent of the homestead f a rm" and by insert­ ing in lieu thereof the words " t o the applicant for conversion and applied either towards the rent of the homestead farm or, if the Minister with the consent of the applicant so directs, in or towards satisfaction of any other debt of the applicant to the Crown:

Provided that except with the approval of the Colonial Treasurer no direction shall be given which would involve a transfer of moneys from the Consolidated Revenue Fund to any other Fund . "

(3) The Crown Lands Consolidation Act, 1913, is further amended by omitting from subsection nine of section two hundred and two the words "No refund shall be made in the case of any cancellation of such permission.' '

(4) Any action, by or under the authority of the Minister, taken on any application lodged before the twenty-sixth day of February, one thousand nine hundred and thirty-five, in connection with the payment by the applicant of the capital value of improvements by instal­ ments whereby the first of such instalments was made payable on a date other than the date upon which such

first

first instalment became payable under section two hun­ dred and sixteen of the Crown Lands Consolidation Act, 1913, whether as originally enacted or as amended from time to time, is hereby validated.

8 . The Crown Lands Consolidation Act, 1913, is

further amended—

(a) by inserting at the end of section twenty the following new subsection:—

(2) In any case where a report or recom­ mendation is made by a local land board or chairman or special land board, as the case may be, to the Minister, whether in pursuance of a reference under section seventeen or otherwise under this Act and no appeal or reference has been made to the Land and Valuation Court with respect thereto, and the Minister is of opinion that further consideration of such report or recommendation is necessary or advisable, he may return it for such purpose, and the local land board or chairman or special land board as the case may be, may, with or without taking further evidence, uphold, reverse, alter, or amend its or his previous report or recommenda­ tion as it or he may consider just : Provided that the Minister shall not return any such report or recommendation more than once.

The report or recommendation made on such
further consideration may be the subject of an
appeal or reference to the Land and Valuation

Court.

(b) (i) by omitting from section twenty-six the words "which rules and regulations upon notification in the Gazette shall have the full force of l aw" ;

(ii)   by inserting at the end of the same section the following new subsections:—

(2) Trustees appointed under subsection one of this section, or appointed under any of the provisions of the Public Trusts Act, 1897, other than section one of that Act, shall

have

have and shall be deemed always to have had power to make rules and regulations not in­ consistent with this or any other Act or with any terms, conditions and limitations im­ posed upon the trustees pursuant to any Act—

(a)	for the care and management of the land of which they are the trustees;
(b)	for the protection of shrubs, trees and herbage growing upon such land;
(c)	for the removal of trespassers and other persons causing annoyance or inconvenience upon such land;
(d)	for the regulation of meetings of the trustees and the conduct of business thereat;
(e)	imposing a penalty not exceeding- twenty pounds for any breach of the rides and regulations.

This subsection shall not apply in any case where, under the provisions of any other Act, power is conferred on the Governor, the Minister or the trustees to make rules and regulations, by-laws or ordinances for or with respect to any of the matters referred to in the foregoing provisions of this subsec­ tion in relation to the land of which the trustees have been so appointed trustees.

(3) All rules and regulations made under this section after the commencement of the Crown Lands and Closer Settlement (Amendment) Act, 1938, shall—

(a)	after approval by the Governor be published in the Gazette;
(b)	take effect from the date of publica­ tion or from a later date to be specified in the rules and regulations; and

(c)

(c) be laid before both Houses of Parlia­ ment within fourteen sitting days after publication if Parliament is in session, and if not, then within four­ teen sitting days after the commence­ ment of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the rules and regulations have been laid before such House disallowing any rule and regulation or part thereof, such rule and regulation or part shall there­ upon cease to have effect.

(4) A copy of such rules and regulations shall be posted in some conspicuous place in such land.

(c) by omitting subsection two of section fifty-seven and by inserting in lieu thereof the following subsection:—

(2 ) No refund shall be made as a consequence of any conversion under this section, but if upon adjustment of moneys after conversion there remains available any excess, such excess shall be credited to the applicant for conversion and applied in such manner as the Minister with the consent of the applicant may direct in or to­ wards satisfaction of any debt of the applicant to the Crown:

which would involve a transfer of moneys from Colonial Treasurer no direction shall be given Provided that except with the approval of the
the Consolidated Revenue Fund to any other Fund.
(d)	by inserting at the end of subsection three of section one hundred and nine the words " o r pending the payment of the balance of purchase money in respect of the conditional purchase, as the case may be, and in any such case the cost of survey or subdivision shall be paid by the holder for the time being within one month after

he

he has been called upon to do so. and upon default the holding shall be liable to be forfeited."

(e) by inserting at the end of section one hundred and twenty-three the following new subsection—

(3) No transfer of the lands described in the grant of a homestead farm shall be registered by the Registrar-General unless the Minister certifies, in the prescribed form, that all the conditions of the grant have been duly per­ formed up to the date of such certificate, and the registration of such transfer shall be evi­ dence of the performance of all the conditions under the grant up to the date of the aforesaid certificate.

(f) by inserting next after subsection two of section

123A the following new subsections—

(2A) Rent in respect of the homestead farm shall be paid up to the date of the application for conversion, and upon default in the payment thereof within the time allowed by the Minister the approval of the application for conversion may be cancelled.
(2B) Where upon adjustment of moneys after approval of the conversion there remains avail­ able any excess, such excess shall be credited to the applicant for conversion and applied in such manner as the Minister with the consent of the applicant may direct in or towards satisfaction of any debt of the applicant to the Crown:

Provided that except with the approval of the Colonial Treasurer no direction shall be given which would involve a transfer of moneys from the Consolidated Revenue Fund to any other Fund.

(g) (i) by inserting in subsection one of section one hundred and eighty-three after the word "sect ion" the words " o r pending the pay­ ment of the balance of purchase money in respect of the conditional purchase, as the case may be, and in any such case the cost

of

of survey or subdivision shall be pa id by the holder for the t ime being within one month af ter he has been called upon to do so, and upon default the holding shall be

liable to be for fe i ted ."

(ii)   by inserting after subsection two of the same section the following new subsec­ t ion—

(2A) N O refund shall be made as a consequence of any conversion unde r this section, but if upon adjus tment of moneys af ter conversion there remains available any excess, such excess shall be credited to the appl icant for conversion and applied in such manner as the Minis ter wi th the consent of the appl icant m a y direct in or towards sat isfaction of any debt of the appl icant to the Crown:

P rov ided tha t except with the approva l of the Colonial T r e a s u r e r no direction shall be given which would involve a t r ans fe r of moneys from the Consolidated Revenue

F u n d to any other F u n d .

(h) (i) by inser t ing at the end of p a r a g r a p h (h)

of subsection one of section one hundred and eighty-four the words " o r pending the payment of the balance of purchase money in respect of the conditional purchase , as the case m a y be, and in any such case the cost of survey or subdivision shall be paid	by the holder for the t ime being within one	month af ter he has been called upon to do
so, and upon default the holding shall be
liable to be fo r fe i t ed . "

(ii)   by inserting next after the same subsection the following new subsection:—

(1A) No refund shall be made as a consequence of any conversion under this section, but if upon adjustment of moneys after conversion there remains available any excess, such excess shall be credited to

the

the appl icant for conversion and applied in such manner as the Minis ter with the consent of the appl icant m a y direct in or towards sat isfaction of any debt of the appl icant to the Crown:

Prov ided tha t except with the approva l of the Colonial T r e a s u r e r no direction shall be given which would involve a t rans fe r of moneys from the Consolidated Revenue F u n d to any other Fund ,

(i) (i) by inser t ing at the end of subsection one

of section one hundred and ninety the

following word and new p a r a g r a p h : —

or

(g) a Crown-lease or an addi t ional

Crown-lease;

(ii)    by inser t ing in p a r a g r a p h (a) of subsection two of the same section after the words " m i n e r a l f ield" the words " o r within any reserve for mining or mining purposes within the meaning of section one hundred and six of the Mining Act, 1906-1935";

(iii) by inser t ing in p a r a g r a p h (b) of the same

subsection af ter the words " loca l land

b o a r d " the word " s u b s t a n t i a l l y " ;

(iv) by inser t ing in p a r a g r a p h (d) of the same

subsection after the words " a p p r o v a l of" the words " a n d subject to such special con­ dit ions as may be recommended b y " ;

(v)   by inserting at the end of the same subsec­ tion the following word and new pa ra ­

g raph :—

and

(e)	a conversion shall not be allowed of land reserved from sale for public recrea t ion or from sale for fu ture
public r equ i r emen t s ;

(vi)   by inserting in subsection five of the same section af ter the word " i t " where secondly occurr ing the words and pa ren theses " s h a l l also r epo r t as to what special conditions (if any) should a t tach to the holding after

conversion a n d " ;

(vii)

(vii)   by inserting in subsection seven of the same section af ter the words " h o m e s t e a d f a r m " the symbols and words " — o r addit ional homestead fa rm—or Crown-lease—or addi­

t ional Crown- l ea se" ;

(viii)   by inserting in the same subsection after

the word " r e s p e c t i v e l y " the words and

parentheses " a n d also to the special conditions (if any) which the Minis ter on the recommendat ion of the local land board,

may i m p o s e " ;

(ix)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

(d) where the conversion is into a

Crown-lease or an addi t ional Crown-lease the annual rent shall be the ren t deter­ mined by the local land board p u r s u a n t to subsection five of this sect ion;

(x)   by inserting in subsection eight of the same section after the words " add i t i ona l home­ stead f a r m " the words " o r the Crown-

lease or the addi t ional Crown- l ease" ;

(J) (i) by inser t ing in section one hundred and

ninety-four after the word " p u r c h a s e "

where firstly occurr ing the words " o r

conditional l e a s e " ;

(ii) by inser t ing next after p a r a g r a p h two of

the same section the following new pa ra ­

g raph :—

(2A) W h e r e the holding the subject of the appl icat ion for conversion is a condi­ t ional lease which was formerly comprised in a set t lement lease, the appl icat ion shall not be approved as to so much of the land comprised in tha t conditional lease as const i tutes an a rea which has been deter­ mined to be non-convertible under the provis ions of section one hundred and eighty-four of this Act and has not been declared to be convertible under the p ro ­ visions of section 188A of this Act. (k)

(k) by inserting at the end of section one hundred and ninety-nine the words and figures—

F o r the purposes of this section the expres­

sions " l e a s e other t han an annua l l e a s e " and

" l e a s e from the C r o w n " shall be construed as

including a lease under the Pr ickly-pear Dest ruct ion Act, 1901, or the Pr ickly-pear Acts , 1924-1934;

(1) (i) by omit t ing from subsection one of section

two hundred a n d two the words	" a n d
within the prescr ibed	t i m e " ;

(ii)   by omitting from the same subsection the words and figures " A public road as defined by the Local Government Act, 1906, or any amendment thereof, shall not be enclosed without the permiss ion of the council of the municipal i ty or shire in which the land

is s i t u a t e " ;

(iii)   by omitting from subsection six of the same section the words " t h e person occupying or us ing the land embraced by such road or w a t e r c o u r s e " and by inser t ing in lieu thereof the words " t h e holder for the t ime being of the holding under the Crown Lands Acts or of the freehold with which such road or watercourse is enc losed" ;

(iv)   by inserting in the same subsection after the words " m a y b e " the words " o r may

have b e e n " ;
(v)	by inserting in the same subsection after
the word " b e i n g " the words " o r having
b e e n " ;

(m) (i) by omit t ing from subsection three of sec­
t ion two hundred and six the word ' ' f ina l ' ' ;

(ii)   by inserting in subsection four of the same

section next af ter the words " s u b u r b a n

h o l d i n g " the words and figures " o r of a purchase of the land comprised in a residen­ t ia l lease, week-end lease, or lease of town lands under section 82A of this A c t " ;

(n)

(n) by inserting at the end of section two hundred and for ty the following words :—

Where a person between the ages of sixteen and twenty-one yea r s is the owner of a holding under this Act and is also entit led absolutely to any other land which is held or used in conjunc­ t ion with tha t holding, such person may make or give an agreement or mor tgage under the au thor i ty of this section in relat ion to such other land together with the hold ing;

(o) (i) by omit t ing from p a r a g r a p h (a) of sub­

section one of section two hundred and seventy-four the words and symbols " — i n the case of a homestead f a rm or Crown lease—of the M i n i s t e r , " and by inser t ing in lieu thereof the words " o f the Minis­

ter s u b s t a n t i a l l y " ;

(ii)   by inserting in subsection two of the same section af ter the word " t r a n s f e r " where firstly occurr ing the words and symbols "—excep t by way of mor tgage or

release of m o r t g a g e — " ;

(iii)   by omitting from the same subsection the words and symbols " i n the prescribed form—in the case of a homestead f a rm or Crown-lease—to the M i n i s t e r " and by inser t ing in lieu thereof the words " t o the

Minis ter in the prescr ibed f o r m " ;

(iv)   by omitting the proviso to the same subsec­ t i on ;

(p) by omitting subsection two of section three hundred and seven, and by inser t ing in lieu thereof the following subsection:—

(2) No refund shall be made as a consequence of any conversion under this section, but if upon ad jus tment of moneys after conversion there remains available any excess, such excess shall be credi ted to the appl icant for conversion and appl ied in such manne r as the Minister with

the

the consent of the appl icant m a y direct in or towards sat isfaction of any debt of the appli­ cant to the Crown:

P rov ided tha t except with the approva l of the Colonial T r e a s u r e r no direction shall be given which would involve a t r ans fe r of moneys from the Consolidated Revenue F u n d to any other Fund .

9 . The Crown Lands Consolidation Act, 1913, is

fur ther amended—

(a) (i) by omit t ing from the shor t heading to sec­

tion one hundred and sixty-five the words

" p a s t o r a l or homestead lease o r " ;

(ii)   by omitting from the same section the words

" p a s t o r a l or homestead lease o r " wherever

occur r ing ;

(iii)   by omitting from subsection one of the same section the words " l e a s e o r " where thirdly,

fourthly and fifthly occur r ing ;

(iv)   by omitting from the same subsection the

words " p a s t o r a l lease o r " wherever

occurr ing;

(v)   by omitting from subsection two of the same section the words " a s the case may b e " ;

(vi)   by omitting from the same subsection the

words " l e a s e o r " where last ly occur r ing ;

(vii)   by omitting from subsection three of the

same section the words " l e a s e o r "

wherever occur r ing ;

(viii)   by omitting from the same subsection the

words " r e n t o r " wherever occur r ing ;

(b) (i) by omit t ing from subsection one of section
one hund red and ninety- three the words

" a n y pas to ra l or homestead lease in the

W e s t e r n Division or o f" ;

(ii)   by omitting from the same subsection the words " n o t being within a pas to ra l or homestead lease o r " and by inser t ing in lieu thereof the words " o r of a n y " ;

(iii)

(iii)   by omitting from the same subsection the words " i n the case of a pas to ra l or home­ stead lease in the Wes t e rn Division not exceeding six hundred and forty acres in a rea and in any other case unde r the sec t ion" and by inser t ing in lieu thereof the

words " n o t substant ia l ly exceed ing" ;

(iv)   by omitting from the same subsection the words " h o m e maintenance a r e a " where secondly occurr ing and by inser t ing in lieu

thereof the word " p o r t i o n " ;
(v)	by omit t ing from p a r a g r a p h (g) of the same

subsection the words " a n improvement lease or scrub l e a s e " and by inser t ing in lieu thereof the words " a lease of any of

the kinds hereinbefore p a r t i c u l a r i s e d " ;

(c)	by omitting from subsection one of section 193A
the words " U p o n applicat ion as p r e s c r i b e d " ;
(d)	by omitting from section two hundred and eleven the words " T h e provisions of this section shall, so far as applicable, extend to homestead leases recommended for approva l on or after the first day of J une , one thousand eight hundred and ninety-f ive" ;

(e) by omit t ing p a r a g r a p h (a) of the proviso to

section two hundred and n ine teen;

(f) (i) by omit t ing from section two hundred and

thi r ty- two the words " p a s t o r a l or home­

stead lease o r " ;

(ii)   by omitting from the same section the words " a pas to ra l lease or occupation l i c ense" and by inser t ing in lieu thereof the words

" t h e occupation l i c e n s e " ;

(iii)   by omitting from the same section the words " I f the survey be made otherwise than at the request of the holder of the pas tora l lease, or in the case of a homestead lease whether a t the request of the holder thereof or otherwise, the Minister may, upon such

survey

survey being made, demand from the holder

of the pas to ra l lease or homestead l e a s e , as

the case m a y be, towards defraying the cost
thereof, any sum not exceeding twenty

shillings for each l inear mile of the

boundary so s u r v e y e d " ;

(iv) by omit t ing from the same section the words

" t h e pas to ra l or homestead lease o r occu­ pa t ion license, as the case may b e , " and by inser t ing in lieu thereof the A\Tords " t h e

occupation l i c e n s e " ;

(g)	by omitting from subsection two of section two hundred and th i r ty- three the words " a n y pas to ra l or homestead lease in the Wes t e rn
Division, or f r o m " ;
(h)	by omitting from section two hundred and thir ty-s ix the words and symbol " o r a home­
s tead l e a s e — " ;

(i)   by omitting from subsection one of section two

hundred and fifty the words " h o m e s t e a d

l e a s e " ;

( i ) (i) by omit t ing f rom subsection one of section

two hundred and seventy the words " o r

homestead l e s s e e " wherever occurr ing;

(ii)   by omitting from the same subsection the

words " o r l e s s e e " ;

(k) by omit t ing f r o m section two hundred and

seventy-five the words and paren thes i s " a

such pas to ra l lease or occupation l i c ense" and	pas to ra l lease or occupation license) then of
by inse r t ing in lieu thereof the words and paren thes i s " a n occupation license) then of such
occupation l icense . ' '

1 0 . (1) The Closer Set t lement Act, 1904, is f u r t h e r

Amended—

(a)	by omitting from section twenty-eight the word
" S a t u r d a y " and by inser t ing in lieu thereof the
word " F r i d a y " ;

(b)

(b) (i) by omit t ing from section forty-six the words " t h e person occupying or us ing the land embraced by such r o a d " and by inser t ing in lieu thereof the words " t h e holder for the t ime being of the purchase or lease under this Act with which such road is enc losed" ;

(ii)   by inserting in the same section after the words " m a y b e " where secondly occurring

the words " o r may have b e e n " ;

(iii)   by inserting in the same section after the

words " u p o n the ma t t e r b e i n g " the words

" o r having b e e n . "

(2) The Closer Set t lement (Amendment) Act,

1914, is amended by inser t ing in subsection one of section four af ter the words " w i t h i n a set t lement purchase a r e a " the words " o r any land acquired under

the Closer Set t lement A c t s . "

(3) The Closer Set t lement (Amendment) Act,

1918, is amended by omit t ing from section three the words " T h e Minis ter may g ran t , refuse, or modify any applicat ion under this section, and may appor t ion the capital value of the sett lement purchase between the subdivided p a r t s " and by inser t ing in lieu thereof the following words—

The Minister shall have and shall be deemed always to have had power to g ran t with or without modification any applicat ion under this section and to appor t ion the capi tal value of the set t lement purchase between the subdivided pa r t s , as from the date specified by him at the time of such grant ing ,

day of December next preceding the date of the which date shall be a da te not ear l ier than the first

appl icat ion and not la te r than the first day of
December next following the da te of the g ran t ing of the applicat ion. The Minis ter m a y refuse any

such applicat ion.

(4) The Closer Set t lement (Amendment) Act,

1919, is amended by inser t ing a t the end of section

twelve the following new subsect ion:—

(2) W h e r e a subdivision is effected of the land or
por t ion subject to a charge under this section, or

where p a r t of the land or por t ion subject to any such

charge

charge is t r ans fe r r ed the Minis ter may appor t ion the amount of such charge equitably between the respect ive p a r t s resul t ing from such subdivision or t rans fe r .

An appor t ionment may be made under this subsec­ t ion in any case where the subdivision was effected or pa r t of the land or por t ion was t r ans fe r red before the commencement of the Crown Lands and Closer Set t lement (Amendment) Act, 1938, as well as in any case where the subdivision is effected or p a r t of the land or por t ion is t r ans fe r r ed af ter such commence­ ment .

SCHEDULE.

Number of Act. Short Title. Extent of Repeal.

1917, No. 27... Crown Lands (Amend­ So much of section 4 as inserted " A public road as defined by the Local Government Act, 1906,

ment) Act, 1917.

or any amendment

thereof, shall not be en­

closed without the per­ mission of the council of the municipality or shire in which the land is situate " in section 202 (1) of the Principal Act.

So much of section 4 as inserted the proviso in section 274 (2) of the Principal Act.

1932, No. 69... Crown Lands (Amend­ Paragraphs (g) and (h) of

ment) Act, 1932. section 10.

1935, No. 6 ... Crown Lands, Closer Paragraphs (f) and (o) ol

Settlement and Re­ subsection one of sec­

turned Soldiers Settle­	tion 6.
ment	(Amendment)
Act, 1935.

1935, No. 51 . . . Crown Lands (Amend­ The whole Act.

ment) Act, 1935.

C O N V E Y A N C I N G