Crown Lands and Closer Settlement (Amendment) Act 1968 (NSW)
CROWN LANDS AND CLOSER SETTLEMENT
(AMENDMENT) ACT.
ANNO SEPTIMO DECIMO
ELIZABETHÆ II REGINÆ Act No. 61 , 1968.
An Act to make further provisions with respect to the transfer of lands under the Crown Lands Consolidation Act, 1913, as subsequently amended, and the Closer Settlement Acts, the leasing, alienation and administration of Crown lands and the conversion to freehold of certain leasehold tenures under those Acts; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts and certain other Acts; and for purposes connected therewith. [Assented to, 16th December, 1968.]
BE
| BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative | Council and Legislative Assembly of New South Wales in |
| Parliament assembled, and by the authority of the same, as follows: — |
(1) This Act may be cited as the "Crown Lands and Closer Settlement (Amendment) Act, 1968".
1.
(2) The Prickly-pear Act, 1924, as subsequently amended and as amended by this Act, may be cited as the Prickly-pear Act, 1924-1968.
(3 ) The Irrigation Act, 1912, as subsequently amended and as amended by this Act, may be cited as the Irrigation Act, 1912-1968.
(4 ) The several provisions of this Act shall commence upon such day or days as may be appointed by the Governor in respect thereof and notified by proclamation published in the Gazette.
(1) The Crown Lands Consolidation Act, 1913, as subsequently amended, is amended—
2.
(a) (i) by inserting in subsection one of section two hundred and seventy-two after the words "person who" the words ", or to two or more persons any one of whom,"; (ii)
by inserting in the same subsection after the word "transfer" where secondly occurring the words "by that person or by any one of those persons, as the case may be," ;
(iii)
(iii) by omitting subsection (2A) of the same section and by inserting in lieu thereof the following subsection : —
(2A) The provisions of subsection one of this section or section two hundred and sixty- seven of this Act shall not apply so as to prevent a transfer of any holding as is hereinbefore mentioned where—
(a) such holding is a small holding; or
(b) the local land board reports that in its opinion the lands in such holding— (i) are lands the best practicable use of which is for exploitation of the timber thereon or re- afforestation for the production of commercial timber;
(ii) are required for the establish- ment, maintenance, expansion or development of an industry or for any special purpose approved by the Minister and that such establishment, maintenance, expansion, deve- lopment or such special purpose cannot practicably be achieved other than by such
transfer; (iii) are of an inferior character or are rough or undeveloped or have poor access or other disadvantage and that such transfer is the best practicable way of ensuring their develop- ment; or
(iv)
(iv) cannot reasonably be disposed of other than by a transfer which would result in the
proposed transferee holding substantially more than a home
maintenance area; and
(c)
the local land board reports that in its opinion such transfer would be in the best interests of land settlement or land utilization notwith- standing that it would result in the proposed transferee holding substan- tially more than a home maintenance area; and
(d) the Minister consents to the transfer.
(iv) by omitting subsection (2B) of the same section;
(b) (i) by inserting in paragraph (a) of subsection one of section two hundred and seventy-four after the words "person who" the words ", or to two or more persons any one of whom,";
(ii) by inserting in the same paragraph after the word "transfer" where secondly occurring the words "by that person or by any one of those persons, as the case may be,";
(iii) by omitting subsection (2A) of the same
section and by inserting in lieu thereof the (2A ) The provisions of subsection one of this section or section two hundred and sixty- seven of this Act shall not apply so as to prevent a transfer of any holding as is herein- before mentioned where— following subsection: —
(a) such holding is a small holding; or
(b)
(b)
the local land board reports that in its opinion the lands in such holding—
(i) are lands the best practicable use of which is for exploitation of the timber thereon or re afforestation for the production of commercial timber;
(ii) are required for the establish- ment, maintenance, expansion or development of an industry or for any special purpose approved by the Minister and that such establishment, maintenance, expansion, deve- lopment or such special pur- pose cannot practicably be achieved other than by such transfer;
(iii) are of an inferior character or are rough or undeveloped or have poor access or other disadvantage and that such transfer is the best practicable way of ensuring their develop- ment; or
(iv) cannot reasonably be disposed of other than by a transfer which would result in the
proposed transferee holding substantially more than a home
maintenance area; and
(c)
the local land board reports that in its opinion such transfer would be in the best interests of land setdement or land utilization notwith- standing that it would result in the proposed transferee holding substan- tially more than a home maintenance area; and
(d) the Minister consents to the transfer.
(iv)
(iv) by omitting subsection (2B) of the same section;
(c) by inserting in section two hundred and seventy-six after the word "Act." the following new proviso:— Provided that, in relation to any other lands in which the person concerned holds or proposes to acquire a partial interest, there shall be taken into account such proportion of the other lands as the Minister, the Commission or the local land board thinks proper having regard to the extent of that person's interest in those other lands.
(2 ) The Closer Settlement Act, 1904, as subsequently amended, is amended by omitting from section thirty the words "who are not subject jointly or severally" and by insert- ing in lieu thereof the words "neither, or none, of whom is subject".
(3 ) The Closer Settlement Amendment (Conversion) Act, 1943, as subsequently amended, is amended—
(a )
( i)
by inserting in subsection one of section eleven after the words "person who" the words ", or to two or more persons any one of whom,";
(ii)
by inserting in the same subsection after the word "transfer" where secondly occurring the words "by that person or by any one of those persons, as the case may be";
(b) by omitting from subsection six of the same section the words "who are not subject joindy or severally" and by inserting in lieu thereof the words "neither,
or none, of whom is subject".
(1 ) The Crown Lands Consolidation Act, 1913, as subsequenfly amended, is further amended—
3.
(a ) (i) by omitting from subsection one of section 136B the words "and that the application has been made in accordance with the provisions of this Act" and by inserting in lieu thereof the words "that the application has been made
in
in accordance with the provisions of this Act, and that he will be able to comply with the conditions that will attach to the week-end lease";
(ii) by inserting at the end of the same subsection the following new paragraph : —
There shall be no appeal to the Land and Valuation Court from such disallowance.
(b) by omitting from section 136c the words "Where the title to a week-end lease commences after the commencement of the Crown Lands (Amendment) Act, 1964, the annual rent of the week-end lease shall, for the first ten years of the lease, be two and one-half per centum of the capital value of the lease, and for each succeeding period of ten years, be as redetermined by the local land board as at the date of expiration of the last preceding period." and by inserting in lieu thereof the following para graphs :— Where the title to a week-end lease commenced after the commencement of the Crown Lands (Amendment) Act, 1964, and before the com- mencement of section three of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the annual rent of the week-end lease shall, for the first ten years of the lease, be two and one-half per centum of the capital value of the lease, and for each succeeding period of ten years, be as redeter- mined by the local land board as at the date of
expiration of the last preceding period. Where the title to a week-end lease commences after the commencement of section three of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the annual rent of the week-end lease shall, for the first ten years of the lease, be as notified by the Minister under section 136A of this Act, and for each succeeding period of ten years, be as redetermined by the local land board as at the date of expiration of the last preceding period.
(c )
(c) by omitting subsection two of section 136G;
(d)
(i)
by inserting in section one hundred and fifty- one after the word "thereon," the words "or where the order of priority of conflicting applications, whether made before or after the commencement of section three of the Crown Lands and Closer Settlement (Amendment) Act, 1968, for week-end leases";
(ii)
by omitting from the same section the words "any such" and by inserting in lieu thereof the
word "a" ; (e)
(i)
by omitting from paragraph (a) of section one hundred and fifty-three the words "and other than those for" and by inserting in lieu thereof the words ", week-end leases and";
(ii)
by inserting in the same paragraph after the word "thereon" where secondly occurring the words "and for week-end leases";
(f)
(i)
by omitting paragraph (c) of subsection three of section one hundred and fifty-eight;
(ii)
by omitting from subsection four of the same section the words "Except with the consent of the Minister no" and by inserting in lieu thereof the word "No" .
(2) The amendment made by subparagraph (ii) of
iragraph (f) of subsection one of this section shall not extend
| 1 |
or affect any application for a week-end lease made before
e commencement of this section.
(1) The Crown Lands Consolidation Act, 1913, as
bsequently amended, is further amended—
(a) (i) by omitting from section seventy-four the words "With any application for a lease under this section there shall be tendered a fee in accordance with the prescribed scale for the survey of the land; and the" and by inserting
in lieu thereof the word "The" ; (ii) (ii) by inserting at the end of the same section the following new subsections : —
(2) The term of any lease under this section may be extended to a lease in perpetuity as provided in section 75A hereof irrespective of whether such term has or has not been extended as provided in section two hundred and twenty-nine hereof.
(3 ) The cost of any necessary survey, or in the case of measured land a survey fee in accordance with the prescribed scale, shall be paid by the holder of a lease under this section upon demand. If any part of such cost or survey fee, as the case may be, remains unpaid for three months after demand, the lease shall be liable to be forfeited.
(b )
( i)
by omitting from section seventy-five the words "With any application for a lease under this section there shall be tendered a fee in accord- ance with the prescribed scale for the survey of the land; and if' and by inserting in lieu thereof the word "If";
(ii)
by omitting from the same section the words "for business purposes or for any purpose declared by the Minister by notification in the Gazette in pursuance of the provisions of section 75A hereof, may be extended as pro-
vided in the said section 75A" and by inserting in lieu thereof the words "may be extended
to a lease in perpetuity as provided in section 75A hereof"; (iii) by omitting from the same section the words "If an applicant so desires, one-tenth of the survey fee only may be paid with the applica- tion, in which event the balance, together with interest at the rate of four per centum per annum, shall be paid at such times as the Minister directs.";
(iv)
(iv) by inserting at the end of the same section the following new subsection :—
(2) The cost of any necessary survey, or in the case of measured land a survey fee in accordance with the prescribed scale, shall be paid by the holder of a lease under this section
upon demand : . Provided that, if the holder so desires, he may, when demand for the cost of the survey or the survey fee is made, pay one-tenth
thereof, in which event the balance, together with interest at the rate of four per centum per annum, shall be paid at such times as the Minister directs.
If any part of any amount payable under this subsection remains unpaid for three months after the amount has become payable, the lease shall be liable to be forfeited.
( c ) (i) by omitting from subsection one of section 75A the words "seventy-five hereof for business purposes or for any purpose declared by the Minister by notification in the Gazette to be a purpose within this section" and by inserting in lieu thereof the words "seventy-four, seventy-five or seventy-six hereof ;
(ii) by omitting from subsection two of the same
Amendment Act, 1952, as well as any such ment of the Crown Lands (Special Leases) section the words "subsisting at the commence- lease granted after such commencement" and by inserting in lieu thereof the words "when- ever granted";
(iii)
by omitting from subsection three of the same section the words "and shall be referred to the local land board for inquiry and report";
(iv)
(iv) by inserting in subsection four of the same section after the words "water reserve," the words "or is land leased under section seventy- four or seventy-six hereof,";
(v) by inserting next after the same subsection the following new subsection :—
(4A ) If the whole or part of the land the subject of any such application is land in respect of which the Minister is prevented by the provisions of paragraph ( a ) , (b) or (c) of subsection six hereof from granting a lease in perpetuity he may refuse the application without reference to the local land board or may refer the application to the local land board for inquiry and report.
(vi) by omitting from subsection five of the same section the words "The local land board shall" and by inserting in lieu thereof the words "Subject to subsection (4A ) hereof any such application shall be referred to the local land board for inquiry and report. The local land board shall";
(vii) by omitting from subsection six of the same section the word "approves" and by inserting in lieu thereof the following words and new paragraph :—
approves; or
(c)
comprised in a lease under section seventy-four hereof and fronting any
land held in fee-simple (other than by the holder of the lease) unless the proprietor of the land so held consents to the granting of the lease; (viii) by inserting next after subsection seven of the same section the following new subsection :—
(7A ) If the lease extended to a lease in perpetuity under this section is a lease under section seventy-six hereof the Minister may, in
connection
connection with the purpose for which the lease is granted, grant permission to construct and maintain tramways across any roads subject to such conditions as he may approve after report by the local land board.
(d ) (i) by omitting from subsection three of section 75B the words "and shall be accompanied by the deposit"; (ii)
by inserting next after subsection four of the same section the following new subsection :—
(4A ) If the whole or part of the land the subject of any such application is land in respect of which the Minister is prevented by the provisions of paragraph ( a ) or (b) of subsection six hereof from granting a lease he may refuse the application without reference to the local land board or may refer the application to the local land board for inquiry and report.
(iii)
by omitting from subsection five of the same section the word "Any" where firstly occurring and by inserting in lieu thereof the words "Subject to subsection (4A ) hereof, any";
( e )
( i)
by omitting from section seventy-six the words "With any application for a special lease under this section there shall be tendered a fee in accordance with the prescribed scale for the survey of the land; and the" and by
inserting in lieu thereof the word "The" ; (ii)
by inserting at the end of the same section the following new subsections : —
(2) The term of any lease under this section may be extended to a lease in per- petuity as provided in section 75A hereof irrespective of whether such term has or has not been extended as provided in section two hundred and twenty-nine hereof.
(3 )
(3 ) The cost of any necessary survey, or in the case of measured land a survey fee in accordance with the prescribed scale, shall be paid by the holder of a lease under this section upon demand. If any part of such cost or survey fee, as the case may be, remains unpaid for three months after demand, the lease shall be liable to be forfeited.
(f)
(i)
by omitting from the short heading to section one hundred and ninety the words "and of church and school lands leases";
(ii)
by omitting from subsection one of the same section the words "for any of the following purposes, that is to say :—access to water—agriculture—bee and poultry farming —dairying—dams—drainage—garden (veget-
able or nursery)—grazing—irrigation— orchard—pig and poultry farm—residence— sugar-cane growing—tanks—tobacco growing —or water conservation—or of any agricul- tural or pastoral lease granted under the Church and School Lands Dedication Act, 1880";
(iii)
by omitting paragraphs (e), (f) and (g) of the same subsection;
(iv)
by inserting at the end of paragraph (e) of subsection two of the same section the follow-
ing word and new paragraph :—
—and
(f)
a conversion shall not be allowed of land comprised in a lease under section seventy-four hereof and front- ing any land held in fee-simple (other than by the holder of the lease) unless the proprietor of the land so held consents to the conversion.
(v)
(v) by omitting from subsection three of the same section the words ", and shall be referred to the local land board for inquiry and report";
(vi) by inserting in subsection four of the same section after the words "water reserve," the words "or is land leased under section seventy- four or seventy-six hereof,";
(vii) by inserting next after subsection four of the same section the following new subsection : —
(4A ) If a conversion of the whole or part of
the land the subject of the application cannot be allowed under the provisions of paragraph ( a ) , ( d ) , (e) or (f) of subsection two hereof the Minister may refuse the application with- out reference to the local land board or may refer the application to the local land board for inquiry and report.
(viii) by omitting from subsection five of the same section the words "The local land board shall" and by inserting in lieu thereof the words "Subject to subsection (4A) hereof, the application shall be referred to the local land board for inquiry and report. The local land board shall";
(ix) by omitting from the same subsection the words "capital value or rent o r" ;
(x) by omitting from subsection seven of the same section the words "—or conditional lease—or homestead farm—or additional homestead farm—or Crown-lease—or additional Crown- lease" ;
(xi)
(xi) by inserting in the same subsection after the word "respectively" the words "(excepting any of such regulations or provisions which the Minister after inquiry and report by the local land board may, at the time of granting or subsequently, direct shall not apply)" ;
(xii) by omitting from paragraph (a) of the same subsection the words "—which shall com- mence within three months after the date of the Minister's approval of the conversion—" and by inserting in lieu thereof the words "if applicable shall commence within three months after the date of the Minister's approval of the conversion and" ;
(xiii) by omitting from the same paragraph the words "or agricultural or pastoral lease, as the case may be,";
(xiv) by omitting from the same paragraph the words "or agricultural or pastoral lease" where secondly occurring;
(xv) by omitting from the same paragraph the words "or conditional lease";
(xvi) by omitting paragraphs (c), (d) and (e) of the same subsection;
(xvii) by omitting subsection eight of the same section;
(xviii) by omitting subsection nine of the same section and by inserting in lieu thereof the following subsection : — (9) The price of the land comprised in the conditional purchase or the additional con- ditional purchase shall be the price of the land as determined by the local land board as at the date of application for conversion.
(xix) by omitting subsection ten of the same section;
( g )
(g)
by inserting at the end of section two hundred and seventy-two the following new subsections :—
(9) Notwithstanding any other provision of this section, where the Minister has certified in the prescribed form that a conditional purchase that is a conversion of a special lease and in respect of which—
(a) a certificate under this Act that all condi- tions have been duly complied with has been issued; and (b) the balance of the purchase money, stamp duty, deed fee and such other moneys as may be payable have been paid,
or in respect of which a grant has been issued, may be transferred without his consent, the condi- tional purchase may be transferred or otherwise dealt with without the consent of the Minister.
(10) The Minister shall not grant a certificate under subsection nine of this section unless he is satisfied that the land referred to in the certificate is, or is to be, used for business, commercial, industrial or like purposes.
(2 ) The amendments made by the following provi- sions of subsection one of this section, that is to say—
(a ) subparagraph (i) of paragraph ( a ) ;
(b) so much of subparagraph (ii) of paragraph (a) as inserts a new subsection three in section seventy-
four of the Crown Lands Consolidation Act, 1913, as subsequently amended;
(c)
subparagraphs (i), (iii) and (iv) of paragraph ( b ) ;
(d)
subparagraphs (iii), (v) and (vi) of paragraph ( c ) ;
(e) paragraph ( d ) ;
(f) subparagraph (i) of paragraph ( e ) ;
(g)
P24713—22
(g)
so much of subparagraph (ii) of paragraph (e) as inserts a new subsection three in section seventy- six of the Crown Lands Consolidation Act, 1913, as subsequently amended; and
(h)
subparagraphs ( i ) , ( i i ) , ( i i i) , ( v ) , (vii) , (viii),
( ix ) , ( x ) , (xi i) , (xiii), (xiv), (xv) , (xvi) , (xvii), (xviii) and (xix) of paragraph ( f ) ,
do not extend to or affect any application made before the commencement of those amendments, an applicant under any such application, a holding granted pursuant to any such application, the holder of any such holding or any action, suit or proceeding pending at such commencement.
Any application made before such commencement, and any action, suit or proceeding pending or uncompleted at such commencement may be continued and completed as if such amendments had not been made.
Any holding subsisting at such commencement shall remain as valid as if such amendments had not been made.
( 1 ) The Crown Lands Consolidation Act, 1913, as subsequently amended, is further amended—
5.
(a) ( i) by omitting from subsection two of section
fifty-nine the word "deposits";
(ii) by inserting next after the same subsection the following new subsections :— (2A ) A notification under subsection one or two of this section may require the payment in advance of a specified instalment of pur- chase money.
( 2 B )
( 2 B ) Notwithstanding any other provision of this Act or any provision of the regulations, a notification under subsection one or two of this section may specify a period during which all applications made under subsection one or two, as the case may be, of this section shall, where conflicting, be deemed to have been made simultaneously.
( 2 c ) In any proceedings before a local land
board any applications lodged in proper man- ner during any such period as is referred to in subsection ( 2 B ) of this section shall, where conflicting, be deemed to have been made simultaneously.
( 2 D ) Nothing in subsection ( 2 B ) of this section affects the operation of any regulation relating to applications being made simul- taneously where the applications were made during any period, not being a period specified in a notification as mentioned in that sub- section.
(b) by inserting next after section eighty-four the following short heading and new section :—
Simultaneous applications.
84A . ( 1 ) A notification under subsection one of c
of section eighty-seven, paragraph three of section section eighty-five, paragraph (c) of subsection one one hundred and eighteen, paragraph three of section one hundred and twenty-four, paragraph three of section one hundred and thirty or para- graph three of section 136A, of this Act may specify a period during which all applications made pursuant to the notification shall, where conflicting, be deemed to have been made simultaneously and
any
any other provision of this Act or any provision of the regulations deeming applications to have been made simultaneously shall not apply to applications made during any period so specified.
( 2 ) In any proceedings before a local land board any applications lodged in proper manner during any such period as is referred to in subsec- tion one of this section shall, where conflicting, be deemed to have been made simultaneously.
( 3 ) Nothing in subsection one of this section affects the operation of any regulation relating to applications being made simultaneously where the applications were made during any period, not being a period specified in a notification as mentioned in that subsection.
(c)
(i)
by omitting subsection seven of section eighty- seven and by inserting in lieu thereof the following subsection :—
(7) (a) Every application under this section shall be made and lodged in the manner and in or to the effect of the form prescribed.
(b ) An amount, by way of instal-
ment of purchase money or rent, as the casemay require, as may be prescribed shall be
paid in advance by the applicant. (ii) by omitting from subsection eight of the same
section the words ", and in any such case shall have power to declare that the moneys, or any portion thereof, lodged with the application shall be forfeited to the Crown, and the moneys or portion shall be forfeited accordingly";
(d)
(d ) (i) by omitting from subsection two of section one hundred and fourteen the words "and be accompanied, except as provided in section 161A, by a provisional deposit and a survey fee or instalment thereof in accordance with the provisions of section one hundred and sixty-one hereof,";
(ii)
by omitting paragraph (e) of the same subsection;
(iii)
by inserting at the end of the same subsection the following new paragraph :—
An amount, by way of instalment of purchase money or rent, as the case may require, as may be prescribed shall be paid in advance by the applicant.
(e) ( i) by omitting from subsection one of section one hundred and nineteen the words ", and shall, except as provided in section 161A, be accompanied by a survey fee or instalment thereof in accordance with the provisions of section one hundred and sixty-one hereof";
(ii) by omitting from the same subsection the words ", and in any such case shall have power to declare that the moneys, or any portion thereof, lodged with the application shall be forfeited to the Crown, and the same
shall be forfeited accordingly";
(f)
(i)
by omitting from subsection one of section one hundred and twenty-five the words ", and shall, except as provided in section 161A, be accom- panied by one half-year's rent in advance and a survey fee or instalment thereof in accord- ance with the provisions of section one hundred and sixty-one hereof";
(ii)
(ii) by omitting from the same subsection the words ", and in any such case shall have power to declare that the moneys, or any portion thereof, lodged with the application shall be forfeited to the Crown, and the same shall be forfeited accordingly";
(g)
(i)
by omitting from subsection one of section one hundred and thirty-one the words ", and shall, except as provided in section 161A, be accom- panied by one half-year's rent in advance and a survey fee or instalment thereof in accord- ance with the provisions of section one hundred and sixty-one hereof";
(ii)
by omitting from the same subsection the words ", and in any such case shall have power to declare that the moneys, or any portion
thereof, lodged with the application shall be forfeited to the Crown, and the same shall be
forfeited accordingly";(h ) ( i) by omitting from subsection one of section
136B the words ", and shall be accompanied
by one half-year's rent in advance and a survey fee or instalment thereof in accordance with the provisions of section one hundred and sixty-one hereof, except where otherwise pro- vided in the said section";
(ii) by omitting from the same subsection the
power to declare that the moneys, or any por-words ", and in any such case shall have tion thereof, lodged with the application shall be forfeited to the Crown, and the same shall
be forfeited accordingly";(i) by omitting from section one hundred and forty- nine the words "to which the provisions of section
161A of this Act do not extend";
( j )
(j)
by omitting from subsection one of section one hundred and fifty-two the words "the moneys lodged with" and by inserting in lieu thereof the words "any moneys paid in respect o f ;
(k)
by omitting from paragraph (a) of section one hundred and fifty-three the words "the deposit money" and by inserting in lieu thereof the words "any moneys paid in respect of the application";
(1) by omitting from section one hundred and fifty-
four the words "lodged with" wherever occurringand by inserting in lieu thereof the words "paid in
respect o f ;
(m)
(i)
by omitting from subsection one of section one hundred and sixty-one the words "The survey fee payable" and by inserting in lieu thereof the words "A survey fee, according to the prescribed scale, shall be paid";
(ii)
by omitting from the same subsection the words "shall be according to the prescribed scale,";
(iii)
by omitting from the same subsection the words "Except as provided in section 161A payment of the first of such instalments shall be made with the application." and by inserting in lieu thereof the words "The first of such
instalments shall be paid within the time directed by the local land board."; (n ) (i) by omitting from the short heading to section 161A the word "Deposits" and by inserting in lieu thereof the words "Advance Payments";
(ii)
(ii) by omitting from the same section the words "The prescribed deposit or rent and survey fee or instalment thereof in respect of an application for a holding within a classified area or within an area set apart as a special area in pursuance of section fifty-nine need not accompany the application where it is lodged with the Crown land agent during the first week that the land applied for becomes avail- able for application; but the applicant shall pay such deposit or rent (unless improvements are to be effected on a homestead farm in lieu of rent) and survey fee or instalment thereof when and within the time directed by the local land board. Any failure to pay such deposit or rent and survey fee or instalment thereof within the time directed by the local land board" and by inserting in lieu thereof the words "Where, in respect of a holding within a classified area or within an area set apart as a special area in pursuance of section fifty- nine of this Act, any amounts by way of instal- ment of purchase money or rent are made payable in advance and the applicant fails within the time directed by the local land board to pay the first of those amounts and any survey fee or the first instalment thereof, that failure".
(2) The Closer Settlement Act, 1904, as subsequently
amended, is further amended—
(a)
by omitting from section twenty-eight the words "Applications received" and by inserting in lieu thereof the words "Except as provided by section twenty-one of the Closer Setdement (Amendment) Act, 1909, as subsequently amended, applications received";
( b )
(b)
by omitting from the same section the words "and may impose a penalty on such withdrawal or refusal by retaining the whole or such portion of the deposit money as shall after due inquiry be determined by them,".
(3) The Closer Settlement (Amendment) Act, 1909, as subsequently amended, is amended by inserting next after subsection five of section twenty-one the following new sub- section:—
(5A) Notwithstanding any other provision of the Closer Settlement Acts, a notification under sub- section five of this section may specify a period during which all applications made pursuant to such a notifica- tion shall, where conflicting, be deemed to have been made simultaneously and where a period is so specified so much of section twenty-eight of the Closer Settle- ment Act, 1904, as subsequently amended, as deems applications to have been made simultaneously shall not apply to applications made during a period so specified. In any proceedings before a local land board any appli- cations lodged in proper manner during a period so specified shall, where conflicting, be deemed to have been made simultaneously.
(4) The Closer Settlement (Amendment) Act, 1914, as subsequently amended, is amended by omitting subsection three of section seven.
(5) The Closer Settlement Amendment (Conversion)
Act, 1943, as subsequently amended, is further amended—
(a) by inserting at the end of paragraph (a) of sub- section two of section seven the following new paragraph : — Notwithstanding any other provision of the Closer Settlement Acts, a notification under this paragraph may specify a period during which all applications made pursuant to such a notification
shall,
shall, where conflicting, be deemed to have been made simultaneously and where a period is so specified so much of section twenty-eight of the Closer Settlement Act, 1904, as subsequently amended, as applied by section eight of this Act, as deems applications for closer settlement leases to have been made simultaneously, shall not apply to applications made during a period so specified. In any proceedings before a local land board any such applications lodged in proper manner during such period shall, where conflicting, be deemed to have been made simultaneously.
(b) by omitting from section eight the words "Acts, and shall be accompanied by a deposit of one year's rent in advance." and by inserting in lieu thereof the following word and new paragraph : — Acts.
The applicant shall pay a deposit when and within the time directed by the local land board and before allowance of the application. If the applicant fails to pay the deposit within the time directed the local land board may refuse the application.
6. subsequently amended, is further amended—
(1) The Crown Lands Consolidation Act, 1913, as
(a) (i) by omitting from section fifty-one the words
"or within three months thereafter pay to the
Crown land agent" and by inserting in lieu thereof the word "pay"; (ii) by omitting from the same section the words "or within three months thereafter shall pay in like manner" and by inserting in lieu thereof the words "shall pay";
(b) (i) by omitting from subsection six of section
sixty-three the words "paid within threemonths after the day of sale, and upon
default"
default" and by inserting in lieu thereof the words "due and payable on demand. If any part of such balance of purchase money remains unpaid for three months after demand";
(ii) by omitting from subsection seven of the same section the words "instalment remains unpaid for thirty days" and by inserting in lieu thereof the words "part of an instalment remains unpaid for three months";
(c)
by omitting from subsection seven of section 64B the words "thirty days" and by inserting in lieu thereof the words "three months";
(d ) ( i) by omitting from section sixty-seven the
words "and if within three months after such
notification the applicant shall fail to pay" ;(ii) by inserting in the same section after the words "applied for" the words "shall be due and payable on demand and, if any part of such purchase money, deed fee and costs remains unpaid for three months after demand";
(e) by omitting from subsection two of section sixty- eight the words ", within three months after the notice in the Gazette calling for the same, be paid by the applicant to the Under Secretary, and in default of such payment" and by inserting in lieu thereof the words "be due and payable on demand and if any part of such excess remains unpaid for
three months after demand"; (f) by omitting from paragraph one of section seventy the words "and the rates of license fees shall be published in the Gazette, and if within sixty days thereafter such fees be not paid to the Under Secretary by the licensee" and by inserting in lieu thereof the words ", the rates of license fees shall be published in the Gazette and shall be due and payable on demand. If any part of such fees remains unpaid for three months after demand"; (g)
(g)
by omitting from paragraph two of section seventy- two the words "of the rent for the ensuing year to the Under Secretary or the Crown land agent, such payment being made on or before the thirtieth day of September in the current year. And if such rent be not paid" and by inserting in lieu thereof the words "of the rent for the ensuing year on demand. If any part of such rent remains unpaid for three months after demand";
(h)
by omitting from subsection eight of section 75A the words "paid by the applicant within one month after he has been called upon to do so; and upon default" and by inserting in lieu thereof the words "due and payable on demand. If any part of such cost remains unpaid for three months after demand";
(i) by omitting from subsection eight of section 75B
the words "paid by the applicant within one month after he has been called upon to do so; and upon default" and by inserting in lieu thereof the words "due and payable on demand. If any part of such cost or fee remains unpaid for three months after demand";
(j)
by omitting from section seventy-eight the words "paid within sixty days after the notification in the Gazette requiring payment thereof, and upon default" and by inserting in lieu thereof the words "due and payable on demand, and if any part of such fee or rent remains unpaid for three months
after demand";
(k) by omitting from subsection three of section eighty- one the words "paid within three months, or within such further time as the Minister may allow, subject to payment of interest at the rate of five per centum per annum. Upon default in payment as aforesaid," and by inserting in lieu thereof the words "due and payable on demand, or on such date, being more than three months after demand has been made, as the Minister may fix, but, where the amounts
payable
payable under the foregoing provisions of this sub- section are not due and payable until a date so fixed, interest on those amounts at the rate of five per centum per annum from the expiration of three months after the date of the demand until payment is made shall, subject to the Finances Adjustment Act, 1932, as subsequently amended, be due and payable by the applicant. If any part of any such amounts or interest remains unpaid for three months after they become due and payable";
(1) by omitting from paragraph (j) of section 82A the words "paid within three months of demand, or within such further period as the Minister may allow, subject to payment of interest at the rate of five per centum per annum. If default be made in payment as aforesaid," and by inserting in lieu thereof the words "due and payable on demand, or on such date, being more than three months after demand has been made, as the Minister may fix, but, where the amounts payable under the foregoing provisions of this paragraph are not due and payable until a date so fixed, interest on those amounts at the rate of five per centum per annum from the expiration of three months after the date of the demand until payment is made shall, subject to the Finances Adjustment Act, 1932, as subsequently amended, be due and payable by the applicant. If any part of any such amounts or interest remains unpaid for three months after they become due and
payable";
(m)
by omitting from paragraph three of section one hundred and eight the words ", paying such instal- ments when the same fall due or within thirty days thereafter";
(n)
(n) (i) by omitting from subsection three of section one hundred and nine the words "paid by the applicant within one month after he has been called upon to do so, and upon default" and by inserting in lieu thereof the words "due and payable on demand, and if any part of that cost or balance remains unpaid for three months after demand";
(ii)
by omitting from the same subsection the words "within one month after he has or they have been called upon to do so, and upon default" and by inserting in lieu thereof the words "on demand, and if any part of such cost remains unpaid for three months after demand";
(o) (i) by omitting from paragraph (e) of subsection one of section 129B the words "within one month of the date of demand made for the same" and by inserting in lieu thereof the words "on demand";
(ii)
by omitting from the same paragraph the words "or within three months thereafter,";
(iii)
by omitting from paragraph (j) of the same subsection the words "default is made in pay- ing any moneys due in respect of any such purchase" and by inserting in lieu thereof the words "any moneys due in respect of such purchase remain unpaid for three months after the day they become due and payable";
(p)
by omitting from section 136H the words "paid within three months of demand, or within such further period as the Minister may allow, subject to payment of interest at the rate of five per centum per annum. If default be made in payment as afore- said," and by inserting in lieu thereof the words "due and payable on demand, or on such date, being more than three months after demand has been made, as the Minister may fix, but, where the
amounts
amounts payable under the foregoing provisions of this section are not due and payable until a date so fixed, interest on those amounts at the rate of five per centum per annum from the expiration of three months after the date of the demand until payment is made shall, subject to the Finances Adjustment Act, 1932, as subsequently amended, be due and payable by the applicant. If any part of any such amounts or interest remains unpaid for three months after they become due and payable";
(q)
by inserting in section one hundred and sixty-three after the words "determined by the local land board." the words "The capital value of any improvements on the added land shall be deter- mined by the local land board.";
(r)
by omitting from section one hundred and eighty the words "interest at the rate of five per centum per annum from the date of its becoming due until the date of payment; and" and by inserting in lieu thereof the following words : —
interest—
(a)
where the amount became due before and was unpaid at the commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968—at the rate of four per centum per annum from the date of its becoming due until that commencement and at the rate of seven per centum per annum from
that commencement until the date of pay- ment; and (b)
where the amount became due on or after that commencement—at the rate of seven per centum per annum from the date of its becoming due until the date of payment,
and
(s)
(s) (i) by omitting from subsection one of section one hundred and eighty-three the words "paid by the applicant within one month after he has been called upon to do so, and upon default" and by inserting in lieu thereof the words "due and payable on demand, and if any part of such cost or balance remains unpaid for three months after demand";
(ii) by omitting from the same subsection the words "within one month after he has or they have been called upon to do so, and upon default" and by inserting in lieu thereof the words "on demand, and if any part of such cost remains unpaid for three months after demand";
(iii) by omitting from paragraph (d) of subsection three of the same section the words "or within three months thereafter";
(t) (i) by omitting from paragraph (h) of subsection one of section one hundred and eighty-four the words "paid by the applicant within one month after he has been called upon to do so ; and upon default" and by inserting in lieu thereof the words "due and payable on demand; and if any part of such cost or balance remains unpaid for three months after demand";
(ii) by omitting from the same paragraph the words "within one month after he has or they have been called upon to do so, and upon
default" and by inserting in lieu thereof the words "on demand, and if any part of such cost remains unpaid for three months after demand";
(u)
by omitting from subsection two of section one hundred and eighty-six the words "or within three months thereafter";
(v)
(v) by omitting from subsection two of section one hundred and eighty-nine the words "or within three months thereafter,";
(w) (i) by omitting from subsection six of section one hundred and ninety the words "paid by the applicant within one month after he has been called upon to do so; and upon default" and by inserting in lieu thereof the words "due and payable on demand; and if any part of such cost or balance remains unpaid for three months after demand";
(ii) by omitting from paragraph (b) of subsection seven of the same section the words "or within three months thereafter";
(x) by omitting from subsection (7B) of section 193A the words "or within three months thereafter";
(y) by omitting from paragraph (d) of section 194A the words "paid within one month of" and by inserting in lieu thereof the words "due and payable on" ; (z) by omitting from section two hundred and four the words "rent or license fee be not paid within the prescribed period" and by inserting in lieu
remains unpaid for three months after it becomes thereof the words "part of the rent or license fee due and payable";
(aa) (i) by omitting from subsection one of section two hundred and sixteen the words "payment of the capital value of such improvements shall be made by an incoming tenant within three months after the determination of such
value
value by the local land board (in which case no interest shall be charged)" and by inserting in lieu thereof the words "the capital value of such improvements shall be due and payable on demand";
(ii) by inserting in the same subsection after the words "Where Crown land containing im- provements which are the property of the Crown becomes the subject of any holding" the words "by way of addition under section one hundred and sixty-three or one hundred and sixty-four hereof or becomes the subject of any holding";
(iii) by inserting in subsection two of the same section after the words "Where Crown land containing improvements which are not the property of the Crown becomes the subject of any holding" the words "by way of addition under section one hundred and sixty-three or one hundred and sixty-four hereof or becomes the subject of any holding";
(bb) by inserting in section two hundred and twenty-five after the words "such payment," the words "or where such a period is not so allowed, within three months after the day the payment becomes due and payable,";
(cc) by omitting from section two hundred and thirty-
two the words "sixty days after notification of the demand in the Gazette," and by inserting in lieu
thereof the words "three months after demand"; (dd) by omitting from section two hundred and seventy- eight the words "Any sums which now are or shall hereafter become payable to the Crown under or by virtue of the Crown Lands Acts, whether as rent license fee purchase money interest payment for
improvements
improvements or otherwise, shall from and after the due date for the payment thereof bear interest at the rate of five per centum per annum, and such interest shall be considered as accruing due day by day : Provided" and by inserting in lieu thereof the words "Any sums payable to the Crown under or by virtue of the Crown Lands Acts shall from and after the due date for the payment thereof, or the date of commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968, whichever is the later, bear interest at the rate of seven per centum per annum, and such interest shall be considered as accruing due day
by d a y :
Provided that if payment of any sum is madewithin three months of the due date for payment
such sum shall not bear interest:
Provided further";
(ee) by inserting next after section two hundred and
seventy-eight the following short heading and new
section : —
Alteration of due dates for payments.
278A. (1 ) Where, under the Crown Lands Acts or the regulations or under any instrument under any of those Acts, any sums are made payable at recurring times, the Minister may, if he deems it expedient for administrative purposes to do so, in writing direct that those sums or any of them, whether or not they have, or any of them has, then
become due and payable, shall be payable at such
altered times recurring at the same intervals as
he may specify in the direction. (2) The Minister may determine that, by reason of the alteration of the recurring times, a proportionate part of any such sum shall be payable at such time as he may determine and may, in the direction, direct that that proportionate part shall be due and payable at that time.
(3 )
(3 ) The Minister may extend the time
for payment of any such proportionate part.
(4 ) A direction under this section—
(a) may be given in respect of all holdings, any class of holdings specified in the direction or any particular holding so specified; (b) may be given from time to time as the Minister thinks fit; and (c) shall, upon notice in writing of the direction being given in accordance with subsection five of this section, have effect according to its tenor, notwithstanding the provisions of the Crown Lands Acts, the regulations or the instrument under which the sums are made payable or any previous direction under this section. (5 ) Notice of a direction under this section may be given by sending it by post to the person by whom the sum next payable under the direction would, if that sum were due and payable at the time the notice is so sent, be payable and by addressing it to that person's last known address.
(ff) (i) by omitting from paragraph two of section three hundred and two the words "period in
each year for the payment of the";(ii)
by omitting from the same paragraph the words "the three months immediately follow-
ing" and by inserting in lieu thereof the words "payable in each year on" ; (iii) by omitting from paragraph three of the same section the words "period in each year for the payment of the" ;
(iv) by omitting from the same paragraph the words "the three months immediately follow- ing" and by inserting in lieu thereof the words "payable in each year on" ;
(v)
(v) by inserting in paragraph seven of the same section after the word "payment" the words "for three months after the day when the payment falls due".
(2 ) The Crown Lands (Amendment) Act, 1932, a s subsequently amended, is amended by omitting from section five the word "five" and by inserting in lieu thereof the word "seven".
(3 ) The Closer Settlement Act, 1904, as subsequently amended, is further amended—
(a)
(i)
by omitting from paragraph (a) of subsection one of section twenty-nine the words ", or within three months thereafter";
(ii)
by omitting from subsection four of the same section the words "interest at the rate of five per centum per annum from the date of its becoming due until the date of payment; and" and by inserting in lieu thereof the following
words : interest—
—
(a) where the amount became due
before and was unpaid at the com- mencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968—at the rate of five per centum per annum from the date of its becoming due until that commencement and at the rate of seven per centum per annum from that commencement until the date of payment; and
(b)
(b)
where the amount became due on or after that commencement—at the rate of seven per centum per annum from the date of its becoming due until the date of payment,
and
(b) by inserting in section thirty-six after the word "interest" the words "for three months after the day when the instalments or interest fall due".
(4 ) The Closer Settlement (Amendment) Act, 1914, as subsequently amended, is further amended by omitting from section fifteen the words ", or within three months thereafter".
(5 ) The Closer Settlement (Amendment) Act, 1937,
is amended—
(a) by omitting from subparagraph (v) of paragraph (a ) of section three the words "or within three months after that day"; (b )
(i) by omitting from paragraph (b) of the same section the words "Any sums which are at the commencement of this Act or which shall, after such commencement, become payable to
final date for the payment thereof, bear interest Settlement Acts shall, from and after the the Crown under or by virtue of the Closer
at the rate of four per centum per annum and such interest shall be considered as accruing due day by day : Provided" and by inserting in lieu thereof the words "any sums payable to the Crown under or by virtue of the Closer Settlement Acts shall from and after the due date for the payment thereof, or the date of
commencement
commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968, whichever is the later, bear interest at the rate of seven per centum per annum and such interest shall be considered as accruing due day by d a y :
Provided that if payment of any sum is made within three months of the due date for payment such sum shall not bear interest:
Provided further";
(ii) by inserting at the end of the same section the following new subsection :—
(2 ) ( a ) Where, under the Closer Settle- ment Acts or the regulations made under any of those Acts, or under any instrument under any of those Acts, any sums are made payable at recurring times, the Minister may, if he deems it expedient for administrative purposes to do so, in writing direct that those sums or any of them, whether or not they have, or any of them has, then become due and payable, shall be payable at such altered times recurring at the same intervals as he may specify in the direction.
(b) The Minister may determine that,
by reason of the alteration of the recurring
times, a proportionate part of any such sumshall be payable at such time as he may determine and may, in the direction, direct that that proportionate part shall be due and payable at that time.
(c) The Minister may extend the time
for payment of any such proportionate part.
( d )
(d ) A direction under this subsec-
tion—
(i) may be given in respect of all holdings, any class of holdings specified in the direction or any particular holding so specified;
(ii) may be given from time to time as the Minister thinks fit; and
(iii) shall, upon notice in writing of the direction being given in accordance with paragraph (e) of this subsection, have effect according to its tenor, not- withstanding the provisions of the Closer Settlement Acts, any regula- tions thereunder or the instrument under which the sums are made payable or any previous direction under this section.
(e) Notice of a direction under this subsection may be given by sending it by post to the person by whom the sum next payable under the direction would, if that sum were due and payable at the time the notice is so sent, be payable and by addressing it to that person's last known address.
(6 ) The Closer Settlement Amendment (Conversion)
Act, 1943, as subsequently amended, is further amended—
(a) by omitting subsection two of section three and by inserting in lieu thereof the following subsection : —
(2) Rent in respect of a settlement purchase lease or a group purchase lease shall be payable annually in advance, the due date of payment being the last day of November in each year.
( b )
(b )
(i)
by omitting from paragraph (a) of subsection two of section nine the words "Provided that if such rent is paid within a period of two months from that day it shall be deemed to have been paid on the due date of payment : " ;
(ii)
by omitting from the same paragraph the word "further" where firstly occurring;
( c )
(i)
by omitting paragraph (d) of subsection one of section 10A;
(ii)
by omitting paragraph (d) of subsection two of the same section;
(d) by omitting from subsection one of section fourteen the words "by the due date" and by inserting in lieu thereof the words "within three months after the day when the rent, interest or instalment falls due".
(7 ) The Returned Soldiers Settlement Act, 1916, as subsequently amended, is amended—
(a )
(i)
by omitting from paragraph (e) of subsection one of section 4A the words "within three months of the date of demand made for the same" and by inserting in lieu thereof the words "on demand";
(ii)
by omitting from the same paragraph the words "or within three months thereafter,";
(iii)
by inserting in paragraph (j) of the same subsection after the word "made" the words
"for a period of three months";
(b) by inserting next after subsection six of section 4B the following new subsection :— (6A) The provisions of paragraph (b) of sub- section one, and the provisions of subsection two of section three of the Closer Settlement (Amend- ment) Act, 1937, apply, mutatis mutandis, to any sums payable to the Crown in respect of a group
purchase
purchase the title to which commenced before the commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968, and where the Minister gives a direction under the said subsection two in respect of such a group purchase the direction shall have effect as mentioned in that subsection notwithstanding any conditions attached to the group purchase under the provisions of this section.
(c)
(i)
by omitting from section 7B the words "six months" and by inserting in lieu thereof the words "the prescribed period";
(ii)
by inserting at the end of the same section the following new paragraph :—
In this section, "the prescribed period" means—
(a) in the case of a holding not within an irrigation area— (i) in relation to a default that commenced before the com- mencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968—six months; and
(ii) in relation to a default that commenced on or after that commencement—three months;
or
(b)
in the case of a holding within an irrigation area—six months.
(d)
(i)
by omitting from section eight the words "a period of six months" and by inserting in lieu thereof the words "the prescribed period";
(ii)
by omitting from the same section the word "five" and by inserting in lieu thereof the
word "seven"; (iii) (iii) by inserting at the end of the same section the following new paragraph :—
In this section, "the prescribed period" means—
(a) in the case of a holding not within an irrigation area— (i) in relation to a default that commenced before the com- mencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968—six months; and
(ii) in relation to a default that commenced on or after that commencement—three months.
(b)
in the case of a holding within an irrigation area—six months.
(8 ) The Western Lands Act of 1901, as subsequently
mended, is amended—
(a) by omitting from paragraph (b) of subsection four of section twenty-three the words "to the Colonial Treasurer within one month after the date of such notification or after the date of commencement of the lease, whichever is the later. If such amounts be not so paid" and by inserting in lieu thereof the words "on demand and if any part of any
such amount remains unpaid for three months
after demand";
(b )
(i) by omitting from subsection seven of section 28B the words "and two hundred and seventy-
eight" and by inserting in lieu thereof the words ", two hundred and seventy-eight and 278A" ;
(ii)
(ii) by omitting from subsection eight of the same section the words "and two hundred and seventy-eight" and by inserting in lieu thereof the words ", two hundred and seventy-eight
and 278A";
(c )
(i)
by omitting from paragraph (c) of subsection five of section 28BB the words "within one month after he has been called upon to do so; and upon default" and by inserting in lieu thereof the words "on demand; and if any part of any such cost or balance remains unpaid for three months after demand";
(ii)
by omitting from subsection seven of the same section the words "or within three months thereafter";
(iii)
by omitting from subsection eight of the same section the words "and two hundred and seventy-eight" and by inserting in lieu thereof the words "two hundred and seventy-eight and 278A";
(d)
by inserting next after section thirty-six the follow ing short heading and new sections : —
Payments.
36A. (1 ) Where, under this Act or the regulations thereunder or under any instrument under this Act, any sums are made payable at recurring times, the Minister may, if he deems it expedient for administrative purposes to do so,
in writing direct that those sums or any of them, whether or not they have, or any of them has, then become due and payable, shall be payable at such altered times recurring at the same intervals as he may specify in the direction. (2) The Minister may determine that, by
reason of the alteration of the recurring times, a
proportionate part of any such sum shall be
payable
payable at such time as he may determine and may, in the direction, direct that that proportionate part shall be due and payable at that time.
(3 ) The Minister may extend the time for
payment of any such proportionate part.
(4 ) A direction under this section—
(a) may be given in respect of all holdings, any class of holdings specified in the direction or any particular holding so specified; (b) may be given from time to time as the Minister thinks fit; and (c) shall, upon notice in writing of the direction being given in accordance with subsection five of this section, have effect according to its tenor, notwithstanding the provisions of this Act, the regulations thereunder or the instrument under which the sums are made payable or any previous direction under this section. (5) Notice of a direction under this section may be given by sending it by post to the person by whom the sum next payable under the direction would, if that sum were due and payable at the time the notice is so sent, be payable and by addressing it to that person's last known address.
36B. Any provisions in any lease issued under this Act before the commencement of section six of the Crown Lands and Closer Settlement (Amend-
ment) Act, 1968, imposing a penalty at a rate per
centum on any unpaid amount for late payment
of any sum due under this Act or the lease shall as regards any amount unpaid at, or becoming unpaid after, the commencement of section six of the Crown Lands and Closer Settlement (Amend- ment) Act, 1968, be read and construed, for the purpose of calculating the amount of any penalty accruing due after that commencement, as if that
rate
rate per centum were omitted from that provision and the rate of seven per centum were substituted therefor and as if the provision provided that that substituted rate shall not be payable if the amount due is paid within three months after the date it becomes due.
36c. Any sums payable under a lease under this Act issued on or after the commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968, or under this Act or the regulations thereunder in respect of such a lease shall from and after the due date for payment thereof bear interest at the rate of seven per centum per annum and such interest shall be considered as accruing due day by d a y :
Provided that if payment of any sum is made within three months of such date such sum shall not bear interest :
Provided further that in any case where the Minister is satisfied that the circumstances warrant it he may—
(a)
direct that the whole or part of such interest shall not be charged; or
(b)
grant an extension of time for the payment of all or any part of such interest; or
(c) remit the payment of such interest wholly or in part. No refund shall be made as a consequence of any such direction or remission.
Nothing in this section contained shall be con- strued so as to prevent the enforcement of any forfeiture, or to compel the acceptance of any overdue sums together with interest as aforesaid.
( e )
(e) (i) by omitting paragraph (n) of Schedule A ;
(ii)
by omitting from paragraph (o) of the same schedule the word "six" and by inserting in lieu thereof the word "three".
(9 ) The Prickly-pear Act, 1924, as subsequently amended, is amended—
(a) by omitting from section seventeen the words "within three months after the commencement of the lease" and by inserting in lieu thereof the words "on demand"; (b) by omitting from the same section the words "if default is made in any payment, when due, in respect of such improvements" and by inserting in lieu thereof the words "if any part of any payment due in respect of such improvements remains unpaid for three months after demand".
(10) The Finances Adjustment Act, 1932, as subsequently amended, is amended by inserting at the end of subsection (3A) of section three the following new pa rag raph :—
This subsection shall not apply to interest accruing due after the commencement of section six of the Crown Lands and Closer Settlement (Amendment) Act, 1968, in respect of any sum payable to the Crown or the Water Conservation and Irrigation Commission, incurred under or by operation of section 36B or 36c of
hundred and seventy-eight of the Crown Lands Consoli- the Western Lands Act of 1901, as subsequently amended, or section one hundred and eighty or two dation Act, 1913, as subsequently amended, or section five of the Crown Lands (Amendment) Act, 1932, as subsequently amended.
(11) Nothing contained in the amendments made by
any of the foregoing provisions of this section affects the
liability of any person in respect of any interest due under
any
any provisions, as in force immediately before the commence- ment of this section, amended by any of those foregoing provisions.
7. (1 ) The Crown Lands Consolidation Act, 1913, as subsequently amended, is further amended by omitting section 17A and the short heading thereto and by inserting in lieu thereof the following section and short heading thereto :—
Powers of Delegation.
17A. (1 ) Subject to this section the Minister may by instrument in writing delegate to the holder of any prescribed office the exercise or performance of such of the powers (other than this power of delegation), authorities, duties and functions conferred or imposed upon the Minister by or under this Act or the regula- tions as may be prescribed in relation to the holder of that office and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in office.
(2 ) Any power, authority, duty or function, the exercise or performance of which has been delegated under this section to the holder of a prescribed office, may while the delegation remains unrevoked be exer- cised or performed from time to time in accordance with the terms of the delegation by the person for the time being holding or acting in that office, whether or not the Minister who made the delegation holds office at the time of that exercise or performance.
(3 ) A delegation made under this section may
be made subject to such conditions or such limitations as to the exercise or performance of any of the gated or as to time or circumstances as may be specified
in the instrument of delegation.(4 ) Where the exercise or performance of a power, authority, duty or function is dependent upon the opinion, belief or state of mind of the Minister and that power, authority, duty or function has been dele- gated under this section the power, authority, duty or prescribed powers, authorities, duties or functions dele-
function
function so delegated may be exercised or performed under the delegation upon the opinion, belief or state of mind (as the case may require) of the delegate.
(5) Where any prescribed power, authority, duty or function is exercised or performed by the holder of a prescribed office in relation to whom that power, authority, duty or function is prescribed and the exercise or performance of the power, authority, duty or function is evidenced in writing, signed by the holder of, or person for the time being acting in, that office in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or performed, in force and whether or not any conditions or limita- tions referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.
(6 ) Notwithstanding any delegation made
under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
(7 ) A regulation under subsection one of this section relating to the powers, authorities, duties or functions that may be delegated to the holder of a pre- scribed office may describe any power, authority, duty or function in general or particular terms and may so
describe the power, authority, duty or function that its
exercise or performance by the holder of the prescribed
office in relation to whom it is prescribed shall be sub- ject to such limitations or conditions as may be specified in the regulation.(8) In this section, "Minister" includes any Minister on whom any powers, authorities, duties or functions are conferred or imposed by or under this Act or the regulations.
(2)
P24713—23
(2) The Closer Settlement (Amendment) Act, 1918, as subsequently amended, is amended by omitting section five and the short heading thereto and by inserting in lieu thereof the following section and short heading thereto :—
Powers of Delegation.
5. (1) Subject to this section the Minister may by instrument in writing delegate to the holder of any prescribed office the exercise or performance of such of the powers (other than this power of delegation), authorities, duties and functions conferred or imposed upon the Minister by or under the Closer Settlement Acts or the regulations thereunder as may be prescribed in relation to the holder of that office and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in office.
(2) Any power, authority, duty or function, the exercise or performance of which has been delegated under this section to the holder of a prescribed office, may while the delegation remains unrevoked be exercised or performed from time to time in accordance with the terms of the delegation by the person for the time being holding or acting in that office, whether or not the Minister who made the delegation holds office at the time of that exercise or performance.
(3 ) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the prescribed powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the
instrument of delegation. (4 ) Where the exercise or performance of a power, authority, duty or function is dependent upon the opinion, belief or state of mind of the Minister and that power, authority, duty or function has been delegated under this section the power, authority, duty or function so delegated may be exercised or performed under the delegation upon the opinion, belief or state of mind (as the case may require) of the delegate.
(5 )
(5 ) Where any prescribed power, authority, duty or function is exercised or performed by the holder of a prescribed office in relation to whom that power, authority, duty or function is prescribed and the exercise or performance of the power, authority, duty or function is evidenced in writing, signed by the holder of, or person for the time being acting in, that office in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or performed, in force and whether or not any conditions or limitations referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.
(6 ) Notwithstanding any delegation made under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
(7 ) A regulation under subsection one of this section relating to the powers, authorities, duties or func tions that may be delegated to the holder of a prescribed office may describe any power, authority, duty or function in general or particular terms and may so describe the power, authority, duty or function that its exercise or performance by the holder of the prescribed office in relation to whom it is prescribed shall be subject to such
regulation. limitations or conditions as may be specified in the
(3) The Western Lands Act of 1901, as subsequently amended, is further amended by omitting section 12A and by inserting in lieu thereof the following section :—
12A. (1 ) Subject to this section the Minister may by instrument in writing delegate to the holder of any prescribed office the exercise or performance of such
of
of the powers (other than this power of delegation), authorities, duties and functions conferred or imposed upon the Minister by or under this Act or the regulations thereunder as may be prescribed in relation to the holder of that office and may in like manner revoke wholly or in part any such delegation or any such delegation made by a predecessor in office.
(2 ) Any power, authority, duty or function, the exercise or performance of which has been delegated under this section to the holder of a prescribed office, may while the delegation remains unrevoked be exer- cised or performed from time to time in accordance with the terms of the delegation by the person for the time being holding or acting in that office, whether or not the Minister who made the delegation holds office at the time of that exercise or performance.
(3) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the prescribed powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the instrument of delegation.
(4 ) Where the exercise or performance of a power, authority, duty or function is dependent upon the opinion, belief or state of mind of the Minister and that power, authority, duty or function has been delegated under this section the power, authority, duty or function so delegated may be exercised or performed
of mind (as the case may require) of the delegate.
under the delegation upon the opinion, belief or state
(5 ) Where any prescribed power, authority, duty or function is exercised or performed by the holder of a prescribed office in relation to whom that power, authority, duty or function is prescribed and the exer- cise or performance of the power, authority, duty or function is evidenced in writing, signed by the holder
of,
of, or person for the time being acting in, that office in the name of the Minister or in his own name on behalf of the Minister, the power, authority, duty or function shall be deemed to have been exercised or performed by the Minister, whether or not an instrument delegating the exercise or performance of the power, authority, duty or function to that holder was, when the power, authority, duty or function was exercised or performed, in force and whether or not any conditions or limitations referred to in subsection three of this section were observed by the person exercising or performing the power, authority, duty or function.
(6 ) Notwithstanding any delegation made under this section the Minister may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
(7) A regulation under subsection one of this section relating to the powers, authorities, duties or functions that may be delegated to the holder of a pre- scribed office may describe any power, authority, duty or function in general or particular terms and may so describe the power, authority, duty or function that its exercise or performance by the holder of the prescribed office in relation to whom it is prescribed shall be subject to such limitations or conditions as may be specified in the regulation.
(d) (i) by omitting from subsection seven of section one hundred and forty-two the words "The holder may pay the whole or any part of such purchase money at any time, and the Rural Bank may waive interest on the amount so paid from such date as it may fix or may place such amount to the credit of the holder in its books and allow him interest thereon from such date as the Rural Bank may fix and at such rates as may be prescribed, provided that where portion only of the purchase money is paid no such payment or credit shall affect the obligation of the holder to continue paying the instalments as provided for in this subsec- tion, but when the sum repaid with interest thereon amounts to the balance owing as
principal and interest the Rural Bank shall apply such sum in repayment of the purchase money."; (ii) by inserting next after the same subsection the following new subsections :— (7A) Notwithstanding the provisions of subsection seven of this section and except as provided in subsection (7B) of this section in the case of an irrigation farm purchase
(other
(other than an irrigation farm purchase which in the opinion of the Minister is mainly suit- able for residential purposes) the date of granting of which is after the commencement of subsection two of section nine of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the following provisions shall apply: —
(a)
The deposit for such irrigation farm purchase shall be at the rate of six per centum of the purchase money.
(b)
Interest only shall be payable on the amount owing from time to time in respect of the purchase for the period (in this subsection referred to as the "period of interest payments") of five years commencing on the date of granting of the irrigation farm pur- chase, and such interest shall be at the following rates, namely :—
Year of the period Rate of interest
of interest payable in respect payments. of that year.
First . . . . 2 per centum per annum.
Second . . . . 3 per centum per annum.
Third . . . . 3^ per centum per annum.
Fourth . . . . 4 per centum per annum. Fifth . . . . 4J per centum per annum.
(c)
Payments in respect of interest shall be due on the thirty-first day of December in each year during the period of interest payments and shall be calcu- lated up to and including the thirtieth day of December next preceding.
(d)
(d)
On the thirty-first day of December next after the expiration of the period of interest payments, a payment shall be due which shall consist of the following amounts :—
(i) an amount by way of interest at the rate of four and one-half per centum per annum on the amount then owing in respect of the purchase calculated in respect of that part of the last year of the period of interest payments which commenced on the thirty-first day of December next preceding the day on which the payment becomes due; and
(ii) an amount by way of instal- ment of the purchase money and interest thereon at the rate of five per centum per annum which bears the same propor- tion to six per centum of the purchase price of the land as the period commencing on the expiration of the period of interest payments and terminat- ing on the thirty-first day of December next following bears to a period of one year.
(e) On the first anniversary after the pay- ment referred to in paragraph (d) of this subsection became due a payment shall be due by way of instalment of the purchase money at the rate of six per centum of the purchase money and thereafter in like manner a like instal- ment shall become due annually until the balance of the purchase money together with interest at the rate of
five
five per centum per annum on the amount owing from time to time shall have been paid; but two or more instal- ments may be paid at the same time.
(f) Any payments due under paragraph (b), (c), (d) or (e) of this subsection shall be paid on the day upon which they are due. In this subsection the expression "date of granting" includes in the case of a purchase by auction or tender the date of the sale or the acceptance of the tender.
(7B) Notwithstanding the provisions of subsection seven of this section, in the case of a conversion into an irrigation farm purchase of an irrigation farm lease (other than an irrigation farm lease which in the opinion of the Minister is mainly suitable for residential purposes) the following provisions shall apply :—
(a) in the case of a conversion of such a lease the title to which commenced five years or more before the date upon which the conversion took effect the following provisions shall apply :— (i) On the thirty-first day of December next after the date upon which the conversion took effect a payment shall be due of an amount by way of
interest at the rate of five per centum per annum on the amount owing in respect of the purchase and such interest shall be calculated up to and including the thirty-first day of December next succeeding the date upon which the conversion took effect. (ii)
(ii) On each succeeding thirty- first day of December a pay- ment shall be due by way of instalment of the purchase money at the rate of six per centum of the purchase money of the land and thereafter in like manner a like instalment shall become due annually until the balance of purchase money together with interest at the rate of five per centum per annum on the amount owing from time to time shall have been paid; but two or more instalments may be paid at the same time.
(iii) Any payments due under this paragraph shall be paid on the day upon which they are due.
(b)
in the case of an irrigation farm purchase that is a conversion of an irrigation farm lease, the title to which commenced less than five years before the date upon which the conversion took effect, the provisions of subsection (7A) of this section shall apply to such irrigation farm purchase subject to the
following :— (i) the period of interest payments referred to in paragraph (b) of that subsection shall be reduced by a period equivalent to that from the date of commence- ment of title to the lease con- verted to the date upon which the conversion took effect;
(ii)
(ii) the interest payable for such reduced period shall be at the rate or rates which would be payable on an irrigation farm purchase the title to which commenced on the same date as the title to the lease converted;
(iii) the word "reduced" shall be deemed to be inserted in para- graph (d) of that subsection next before the words "period of interest payments" wherever occurring.
(7c) The holder of an irrigation farm purchase may pay the whole or any part of the purchase money at any time, and the Rural Bank may waive interest on the amount so paid from such date as it may fix or may place such amount to the credit of the holder in its books and allow him interest thereon from such date as the Rural Bank may fix and at such rates as may be prescribed.
(7D) Where portion only of the purchase money is paid no such payment or credit shall affect the obligation of the holder to continue paying instalments as provided for in this section, but when the sum repaid with interest thereon amounts to the balance owing as prin- cipal and interest the Rural Bank shall apply that sum in repayment of the purchase money.
(e) (i) by omitting from paragraph (b) of section 142A the words "the balance" and by inserting in lieu thereof the words "except in the case of a non-irrigable purchase described in the notification in the Gazette as suitable for farming purposes the date of granting of which
is
is after the commencement of subsection two of section nine of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the balance";
(ii) by inserting next after the same paragraph the f oho wing new paragraph :—
(c)
for the purposes of the application of those provisions and conditions to—
(i) a non-irrigable purchase described in the notification in the Gazette as suitable for farming purposes the date of granting of which is after the commencement of subsection two of section nine of the Crown Lands and Closer Settlement (Amendment) Act. 1968, the reference in subsec- tion (7A) of section one hundred and forty-two of this Act to an irrigation farm purchase (other than an irriga- tion farm purchase which in the opinion of the Minister is mainly suitable for residential purposes) shall be read as a reference to a non-irrigable purchase described in the notification in the Gazette as
suitable for farming purposes; (ii) a non-irrigable purchase, being a conversion of a non-irrigable lease described in the notifica- tion in the Gazette as suitable for farming purposes the date of granting of which is after the commencement of subsec- tion two of section nine of
the
the Crown Lands and Closer Settlement (Amendment) Act, 1968, the reference in subsec- tion (7B) of section one hundred and forty-two of this Act to a conversion into an irrigation farm purchase of an irrigation farm lease (other than an irrigation farm lease which in the opinion of the Minister is mainly suitable for residential purposes) shall be read as a reference to a con- version into a non-irrigable purchase of a non-irrigable lease described in the notifica- tion in the Gazette as suitable for farming purposes.
(iii) by inserting at the end of the same section the following new subsection :—
(2) In subsection one of this section, "date of granting" includes—
(a)
in relation to a non-irrigable purchase, being a conversion of a non-irrigable lease, the date on which the conversion takes effect;
(b)
in relation to a purchase by auction, the date of the sale; and
(c) in relation to a purchase by tender, the date of acceptance of the tender.
(f) by inserting at the end of section 144c the following new subsection :— (5) Notwithstanding the provisions of subsec- tion four of this section, where land is added to an irrigation farm purchase (other than an irrigation farm purchase which in the opinion of the Minister
is
is mainly suitable for residential purposes) or to a non-irrigable purchase described in the notification in the Gazette as suitable for farming purposes and the date of granting of the irrigation farm purchase or the non-irrigable purchase is after the commence- ment of subsection two of section nine of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the following provisions shall apply : —
(a)
interest, at the prescribed rate applicable at the date the increase in area takes effect, on the amount if any outstanding in respect of the purchase money of the original hold- ing, from the last due date for the payment of interest or of an instalment of purchase money and interest, as the case may be, to the date the increase in area takes effect, shall be paid by the holder of the purchase within one month after the increase in area takes effect;
(b)
interest, at the prescribed rate applicable from time to time at the dates on which the interest is payable under this paragraph, on the sum of the amount if any outstanding in respect of the purchase money of the original holding and the purchase money of the additional land, from the date the increase in area takes effect to the next annual date for payment shall be paid by the holder of the purchase on that annual date;
(c) after the expiration of the period in respect of which interest is payable under para- graph (b) of this subsection, interest, at the prescribed rates applicable from time to time at the dates on which the interest is payable under this paragraph, on the sum of the amount if any outstanding in respect of the purchase money of the original hold- ing and the amount outstanding in respect
of
of the purchase money of the additional land, shall be paid annually until the whole of the purchase money in respect of the holding as added to has been paid;
(d) where the whole of the purchase money of the original holding has not been paid at the date the increase in area takes effect there shall be paid— (i) on the same date as the instalment of purchase money of the original holding is due and payable next after the date the increase takes effect and thereafter annually until the whole of that purchase money together with interest thereon has been paid, an amount equal to the sum of that instalment and six per centum of the purchase money of the additional land; and
(ii) after the whole of the purchase money of the original holding has been paid, on each anniversary of the date referred to in subparagraph (i) of this paragraph an instalment of six per centum of the purchase money of the additional land, until the whole of the purchase money of the additional land together with interest payable thereon has been
paid;
(e)
where the whole of the purchase money of the original holding has been paid at the date the increase in area takes effect an instalment of six per centum of the purchase money of the additional land shall be paid on the thirty-first day of December next after the date the increase in area takes effect and thereafter a like instalment shall
be
be paid annually until the whole of the purchase money together with interest payable thereon has been paid.
In this subsection—
"date of granting" includes—
(a)
in relation to a purchase, being a conversion of a lease, the date on which the conversion takes effect;
(b)
in relation to a purchase by auction, the date of the sale; and
(c)
in relation to a purchase by tender, the date of acceptance of the tender;
"prescribed rate" means—
(a)
in relation to an original purchase in respect of which the period of interest payments referred to in subsection (7A) or (7B), whichever is applicable to the original pur- chase, of section one hundred and forty-two of this Act has not expired —the appropriate rate specified in subsection (7A) of that section; and
(b)
in relation to an original purchase in respect of which the period of interest payments so referred to does not apply or has expired—five per
centum per annum.
(g) (i) by omitting from subsection one of section one hundred and forty-five the words "This section shall not apply to an irrigation farm lease, a non-irrigable lease, or a town land lease within the irrigation area known as the Tullakool Irrigation Area or to an irrigation farm lease or a non-irrigable lease granted in
respect
respect of lands set apart for disposal in accordance with the provisions of section three of the War Service Land Settlement Act, 1941, as amended by subsequent Acts, or to an irrigation farm lease or a non-irrigable lease described in any notification in the Gazette under the provisions of section one hundred and thirty-nine of this Act as suitable for farming purposes, granted after the com- mencement of the Irrigation, Water and Rivers and Foreshores Improvement (Amend- ment) Act, 1955.";
(ii) by inserting in subsection two of the same section after the word "deposit" the words "and, in the case of a conversion to which the provisions of subsection (7B) of section one hundred and forty-two of this Act apply, a further deposit of six per centum of the purchase moneys";
(h) by inserting next after subsection three of section 146A the following new subsection :— (3A) Notwithstanding the provisions of sub- section three of this section where the purchase which has been subdivided is an irrigation farm purchase (other than an irrigation farm purchase which in the opinion of the Minister is mainly suitable for residential purposes) or a non-irrigable purchase described in the notification in the Gazette as suitable for farming purposes and the date of
non-irrigable purchase is after the commencement granting of the irrigation farm purchase or the of subsection two of section nine of the Crown Lands and Closer Settlement (Amendment) Act, 1968, the following provisions shall apply—interest on the purchase money of each subdivided portion at the rate applying in respect of the purchase prior to its being subdivided from the date the sub- division takes effect to the next annual date for
payment
payment in respect of such purchase in accordance with the provisions of section one hundred and forty-two or section 142A of this Act, as the case may be, shall be paid on that annual date and the provisions of the said section one hundred and forty-two or 142A, as the case may require, shall apply to each subdivided portion and to the holder thereof so as to require the payment of interest, or instalments of purchase money of the subdivided portion together with interest, as the case may be, at the same rates and at the same times as would have been applicable to the purchase had it not been subdivided.
In this subsection "date of granting" includes—
(a) in relation to a purchase, being a conversion of a lease, the date on which the conversion takes effect; (b) in relation to a purchase by auction, the date of the sale; and (c) in relation to a purchase by tender, the date of acceptance of the tender. (i) by inserting at the end of subsection (1A) of section 147A the following words :—
Provided that where any such conversion is in
which a remission in annual rental was, by reason respect of lands within the irrigation area known as the Coleambally Irrigation Area in respect of of the distance of the converted holding from rail- way facilities, in force at the thirtieth day of June next preceding the date of the conversion, the annual rental of the lease shall, for the purposes of this subsection, be deemed to be the annual rental that was payable on that day having regard to that remission.
(j)
(j)
by omitting from subsection one of section 147D the words "an irrigation farm lease or a non- irrigable lease" and by inserting in lieu thereof the words "an irrigation farm purchase or an irrigation farm lease or for a non-irrigable purchase or a non-irrigable lease";
(k)
by omitting from paragraph (c) of section 147G the words "an irrigation farm lease or a non- irrigable lease" and by inserting in lieu thereof the words "an irrigation farm purchase or an irrigation farm lease or for a non-irrigable purchase or a non-irrigable lease";
(1)
(i)
by omitting from paragraph (a) of subsection one of section 147 J the words "irrigation farm leases or non-irrigable leases" and by inserting in lieu thereof the words "irrigation farm purchases or irrigation farm leases or as non- irrigable purchases or non-irrigable leases";
(ii)
by omitting from subparagraph (ii) of para- graph (c) of the same subsection the words "the annual rentals" and by inserting in lieu thereof the words "the purchase moneys or the annual rentals, as the case may be,";
(iii)
by inserting in subparagraph (iii) of the same paragraph after the words "paid for by the" the words "purchasers or";
(iv) by inserting in subparagraph (v) of the same paragraph after the words "holding by the"
the words "purchaser or";
(v) by omitting from subparagraph (vi) of the same paragraph the words "an irrigation farm lease or a non-irrigable lease" and by inserting in lieu thereof the words "an irrigation farm purchase or an irrigation farm lease or as a non-irrigable purchase or a non-irrigable lease, as the case may be,";
(vi)
(vi) by inserting in subsection three of the same section after the words "In determining the" the words "purchase moneys or";
(vii) by omitting from subsection four of the same section the words "an irrigation farm lease or a non-irrigable lease" and by inserting in lieu thereof the words "an irrigation farm pur- chase or an irrigation farm lease or as a non-irrigable purchase or a non-irrigable lease, as the case may be,";
(viii) by omitting from the same subsection the words "such irrigation farm lease or non- irrigable lease" wherever occurring and by inserting in lieu thereof the words "such irriga- tion farm purchase or irrigation farm lease or non-irrigable purchase or non-irrigable lease";
(ix) by omitting from subsection (4A) of the same section the words "annual rental of the holding and of the nature and value of any improvements which are the property of the Crown and which are to be paid for by the incoming tenants," and by inserting in lieu thereof the words "purchase money or annual rental, as the case may be, of the holding and of the nature and value of any improvements which are the property of the Crown and which are to be paid for by the purchasers or the incoming tenants,";
(x) by omitting subsection five of the same section;
(xi)by omitting subsection six of the same section
and by inserting in lieu thereof the following
subsection :—(6) Subject to the foregoing provisions of this section the provisions of sections one hundred and forty-two, 142A, 142C, 142D, one hundred and forty-four, 144A, 144B, 144C, 144D, one hundred and forty-five, 145A, 145B,
one
one hundred and forty-six, 146A, 146B, one hundred and forty-seven, 147A and 147B and the provisions of Parts VII and VIII of this Act in so far as they are complementary to the said sections shall apply, mutatis mutandis, to holdings vested and held under this Division of this Part of this Act as—
(a)
irrigation farm purchases or irrigation farm leases or as non-irrigable pur- chases or non-irrigable leases, and
(b)
irrigation farm leases or non-irrigable leases and subsequently converted.
For the purposes of such application—
(i) the words "the application is granted" in subsection five of section one hundred and forty-two shall be read as "title to the purchase commences";
(ii) the words "as available for disposal" in paragraph (d) of subsection six of the same section shall be read as "as vesting in any person pursuant to section 147J of this Act";
(iii) the words "granting of" wherever occurring in subsection (7A) of the same section shall be read as "com- mencement of title to";
(iv) the words "making the land available for disposal" in paragraph (a) of subsection one of section 142A shall be read as "vesting the land in the purchaser";
(v)
the words "date of granting of" wherever occurring in paragraphs (b) and (c) of the same subsection shall be read as "commencement of title to";
(vi)
(vi) the words "granting of the application" in subsection four of section 142D shall be read as "commencement of title to the lease";
(vii) the words "section one hundred and thirty-nine or section 144A" in subsec- tion seven of the same section shall be read as "section 147J";
(viii) the words "as available for disposal" in subsection nine of the same section shall be read as "as vesting in any person pursuant to section 147J of this Act";
(ix) the words "granting of" in subsection five of section 144c shall be read as "commencement of title to";
(x) the words "granting of" in subsection (3A) of section 146A shall be read as "commencement of title to";
(m)
by omitting from subsection two of section 147K the words "irrigation farm lease or a non-irrigable lease" and by inserting in lieu thereof the words "irrigation farm purchase, irrigation farm lease, non-irrigable purchase or non-irrigable lease".
(3) The Finances Adjustment Act, 1932, as subse-
quently amended, is further amended by inserting at the endof subsection (3A) of section three the following new
paragraph :— This subsection shall not apply to interest accruing due after the commencement of section nine of the Crown Lands and Closer Settlement (Amendment) Act, 1968, in respect of any sum payable to the Crown, the Water Conservation and Irrigation Commission or the Rural Bank under or by operation of Part VI of the Crown Lands Consolidation Act, 1913, as subsequently amended.
10. (1) The Crown Lands Consolidation Act, 1913, as subsequently amended, is further amended—
(a) (i) by omitting from subsection one of section sixty-three the words "—not exceeding in the aggregate for the whole State two hundred thousand acres in any one year—";
(ii) by omitting subsection two of the same section;
(iii) by omitting from subsection four of the same section the words "of town lands, suburban lands, or lands which may have been sub- divided for sale by auction into areas not exceeding twenty acres, or any portions of country lands";
(b)
by omitting from section sixty-four the words "town or suburban Crown lands or any portions of country lands of a less area than forty acres," and by inserting in lieu thereof the words "Crown lands";
(c)
by inserting in section two hundred and fifty-four after the word "behalf" the words "or any member of the police force";
(d) (i) by omitting from section two hundred and
fifty-five the words "any person duly
words "any member of the police force or by authorized" and by inserting in lieu thereof the any person duly authorised by the Minister"; (ii) by omitting from the same section the words "any officer duly authorized in that behalf" and by inserting in lieu thereof the words "any member of the police force or any person duly authorised by the Minister in that behalf";
(e)
(e) (i) by omitting from section two hundred and fifty-seven the words ", and may be registered in manner prescribed by regulations under the Conveyancing Act, 1919";
(ii) by omitting from the same section the words "is registered" and by inserting in lieu thereof the words "is given";
(f) (i) by omitting subsection two of section two
hundred and fifty-nine;
(ii) by omitting from subsection three of the same section the words ", but subsection two of this section shall, as regards transfers of a holding within an irrigation area, be read and con- strued so as to substitute registration or record in the books of the Commission in lieu of registration or record in the books of the Department of Lands";
(g) by inserting in subsection two of section two hundred and seventy after the words "Crown land agent" the words "or any other prescribed authority".
(2) The Closer Settlement Act, 1904, as subse- quently amended, is further amended—
(a) by omitting from section twenty-six the words
"subsection (a) hereof" and by inserting in lieu thereof the words "paragraph (a) of this sub-
section" ;(b)
by omitting from section 31B the words "subsection two of section two hundred and fifty-nine and the provisions of".
(3)
(3) The Closer Settlement Amendment (Conver- sion) Act, 1943, as subsequently amended, is further amended by omitting from paragraph (b) of subsection one of section twelve the words "subsection two of section two hundred and fifty-nine, and the provisions of".
(4) The Western Lands Act of 1901, as subsequently amended, is further amended by omitting from subsection seven of section 28B the words ", paragraphs (a), (c) and (d) of subsection three of section one hundred and eighty- three and subsection two of section two hundred and fifty- nine" and by inserting in lieu thereof the words "and paragraphs (a) , (c) and (d) of subsection three of section one hundred and eighty-three".
LAND
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