Crown Lands and Other Acts (Amendment) Act 1970 (NSW)
CROWN LANDS AND OTHER ACTS (AMENDMENT)
ACT.
ANNO UNDEVICESIMO
ELIZABETHE II REGINE
Act No. 28 , 1970.
An Act to make further provisions with respect to the transfer of lands under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts and the Returned Soldiers Settlement Act, 1916, and the conversion of tenures under the Crown Lands Consolidation Act, 1913; to provide for the increase of rents on certain leases under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts and certain other Acts, upon transfer of those leases; to prescribe the minimum annual payment in respect of certain tenures under those Acts; for these and other purposes to amend the Crown Lands Acts, the Closer Settlement Acts, the Returned Soldiers
Settlement
Settlement Act, 1916, the Prickly-pear Act, 1924, the Western Lands Act of 1901, the Finances Adjustment Act, 1932, and the Lord Howe Island Act, 1953; and for purposes connected therewith. [Assented to, 8th April, 1970.]
| BE it enacted by the Queen's Most Excellent Majesty, by and with the advics 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 Other Acts (Amendment) Act, 1970."
1.
( 2 ) 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.
2. ( 1 ) The Crown Lands Consolidation Act, 1913, is
amended—
(a)
by inserting in paragraph (b) of section one next after the matter relating to Division 2 of Part VTQ
the following new matter : —
Division 2 A . — U N I M P R O V E D V A L U E OF L A N D — sections 173A-173H.
(b)
by omitting from paragraph (k) of subsection one of section 129B the words "(ii i) any parcel of land being part of that comprised in a grant of land purchased under this section (other than a parcel
specified
specified in subparagraph (ii) of this paragraph) where the Minister so certifies in the prescribed form.
In respect of any parcel of land to which subparagraph (iii) of this paragraph relates the Minister may so certify in the case of a subdivision made before the commencement of the Crown Lands (Amendment) Act, 1927, as well as in the case of a subdivision made after such commence ment or after the commencement of the Crown Lands, Closer Settlement and Returned Soldiers Settlement (Amendment) Act, 1935" and by inserting in lieu thereof the words "(ii i) any land within a grant of land purchased under this section or any parcel of land being part of that comprised in any such grant (other than land specified in subparagraph (ii) of this paragraph) where the Minister, upon application being made as pres cribed and payment of an amount equivalent to five per centum or, where some other percentage is prescribed, that other percentage of the unimproved value of the land, so certifies in the prescribed form : Provided that such amount shall not in any case be less than ten dollars.
For the purposes of this paragraph the expres sion 'unimproved value of the land' means the unimproved value of the land as defined or deter mined in accordance with the provisions of Division
2A of Part VIII of this Act. The Minister may, in respect of any land or parcel of land to which subparagraph (iii) of this paragraph relates, so certify in the case of a grant or subdivision made before the commencement of section two of the Crown Lands and Other Acts (Amendment) Act, 1970, as well as in the case of a grant or subdivision made after such commencement";
(c)
(c) by inserting in the heading to Part VIII after the matter relating to Division 2 the following new
matter : —
Division 2 A . — U N I M P R O V E D V A L U E OF L A N D — sections 173A-173H.
(d) by inserting next after section one hundred and seventy-three the following new Division : —
Division 2A.
UNIMPROVED V A L U E OF LAND—sections 173A- 173H. 173A. (1 ) For the purposes of an application made under the provisions of subparagraph (iii) of paragraph (k ) of subsection one of section 129B or subsection six of section two hundred and seventy-two of this Act, subsection four of section thirty-one of the Closer Settlement Act, 1904, or subsection five of section ten of the Returned Soldiers Settlement Act, 1916, the unimproved value of the land, subject to subsection four of this section, means—
(a) where the land is included in the valuation list or supplementary list last furnished under the Valuation of Land Act, 1916, by the Valuer-General to a council of an area within the meaning of the Local
Government Act, 1919, the unimproved value of such land as appearing in such valuation list or supplementary list
immediately before lodgment of such application;
(b) where the land is within an area within the meaning of the Local Government Act, 1919, not being land to which paragraph
(a ) of this subsection applies, the unimproved value of such land as appearing
in
in the valuation book of the council of such area immediately before lodgment of such application;
(c) where the land is within the Western Divi sion, not being land within an area within the meaning of the Local Government Act, 1919, the unimproved value of such land as appearing in— (i) the valuation roll kept by the Western Lands Commissioner in accordance with the provisions of Division 2 of Part VII of the Land Tax Management Act, 1956; or
(ii) where not so appearing as appearing in the valuation roll kept by the Western Lands Commissioner in accordance with the provisions of this Division of this Part of this Act,
immediately before lodgment of such application;
(d)
where the land has no unimproved value under paragraph ( a ) , (b) or (c ) of this subsection by reason of the omission of the land from or its non inclusion, otherwise than with other land, in the valuation list, supplementary list, valuation book or valuation roll referred to in those
paragraphs, the unimproved value of such land, as on the day immediately preceding the date of lodgment of such application, as determined by the appropriate valuing authority, namely, the Valuer-General, the valuer appointed by the council of an area, or the Western Lands Commissioner, upon a request in that behalf made to the Valuer- General, the council of the area or the Western Lands Commissioner, as the case may be : Provided that where a valuation
of
of land to which this paragraph applies has been made by the appropriate valuing authority as aforesaid before the lodgment of such application and the unimproved value of such land included in such valuation does not appear in the valuation list, supplementary list, valuation book or valuation roll to which paragraph ( a ) , (b ) or (c) of this subsection applies, the unimproved value of such land, in relation to such application, means the unimproved value as included in such valuation;
(e) where the land has no unimproved value under paragraph ( a ) , ( b ) , (c) or (d) of this subsection by reason of the inclusion of the land in one valuation with other land, that proportion of the unimproved value of the land included in that valuation as the area of the land included in the application bears to the total area included in that valuation. Where a valuation of land is made pursuant to paragraph (d) or (e) of this subsection such valuation shall—
(i) be a valuation for the purposes of this Divi sion of this Part of this Act only;
(ii) be a valuation of the unimproved value only;
(iii)
not be entered on the valuation roll of the Valuer-General or the valuation book of a council;
(iv) be the unimproved value of the land for the purposes of this Act until the land is included in a further valuation made in accordance with the provisions of the Valua tion of Land Act, 1916, the Local Govern ment Act, 1919, or section 173D of this Act.
(2 )
(2 ) A person to whom a request for a valuation has been made under paragraph (d) of subsection one of this section shall, as soon as prac ticable after receipt of the request, make or cause to be made the valuation requested.
(3) A valuation made pursuant to para
graph (d) of subsection one of this section shall—
(a) where it is made by the Valuer-General, be made under and subject to the Valuation of Land Act, 1916; (b) where it is made by the valuer appointed by the council of an area, be made under and subject to the Local Government Act, 1919 ; (c) where it is made by the Western Lands Commissioner, be made under and subject to the relevant provisions of this Division of this Part of this Act, and, without prejudice to the generality of the fore going provisions of this subsection, shall be subject to objection accordingly.
(4 ) Where—
(a)
before the commencement of section two of the Crown Lands and Other Acts (Amend ment) Act, 1970, an objection has been
referred to in paragraph ( a ) , (b) or (c) of lodged against any such valuation as is subsection one of this section and such objection has not been determined before such commencement or an objection is lodged after such commencement against any such valuation made before such com mencement and the valuation is altered upon the determination of such objection: or
(b )
(b)
an objection, other than an objection to which paragraph (a) of this subsection applies, has been lodged against any such valuation as is referred to in paragraph ( a ) , ( b ) , (c) or (d) of subsection one of this section and such valuation has been altered upon the determination of such objection; or
(c)
an alteration of any such valuation has been made in any valuation list, supplementary list, valuation book or valuation roll for the purposes of correcting any clerical error or misdescription,
the valuation as so altered shall be the unimproved value of such land for the purposes of this Division of this Part of this Act in substitution for the valua tion so objected to or altered.
173B. The provisions of sections 173c, 173D, 173E, 173F, 173G and 173H of this Act shall apply to lands within the Western Division not being lands within an area within the meaning of the Local Government Act, 1919, or lands included in the valuation roll kept by the Western Lands Commis sioner under Division 2 of Part VII of the Land Tax Management Act, 1956.
173c. The unimproved value of land to which this section applies is the capital sum which the fee-simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require, assuming that the improvements, if any, thereon or appertaining thereto, and made or acquired by the owner or his predecessor in title had not been made.
173D.
173D. (1 ) The Western Lands Commissioner may for the purposes of this Act make valuations of the unimproved value of such lands to which this section applies as he may deem necessary.
Any such valuation shall be made— (a) once at least in every six years;
(b) for a valuation period, that is to say, for a period not exceeding six years. Where portion of a parcel of land which has been valued is sold, conveyed or resumed fresh valuations shall be made of the portion sold, conveyed or resumed and of the portion remaining.
(2 ) For the purpose of making any valuation the Western Lands Commissioner may require the owner or occupier of any land or interest in land to furnish such information as may be necessary to enable a correct valuation to be made, and may also make use of any information in his possession.
(3 ) The Western Lands Commissioner or any person authorised by him in that behalf may at all reasonable times enter on any land for the purposes of making a valuation under this Division of this Part of this Act.
(4) The Western Lands Commissioner shall enter on a valuation roll kept for the purpose a record of all valuations made by him under this Division of this Part of this Act.
A valuation shall, subject to paragraph (d) of subsection one of section 173A of this Act, be deemed to be made as at the date on which the Western Lands Commissioner enters on such roll the record of such valuation.
Each
Each entry in such valuation roll shall be signed or initialled by the Western Lands Commissioner or an officer approved in that behalf by the Western Lands Commissioner. The valuation roll so signed or initialled shall be conclusive proof of the making of the valuation on the date shown therein.
Such valuation roll may be kept in card, folder,
or book form, or as the Western Lands Commissioner may direct.
173E . (1) The Western Lands Commissioner shall give to each person whose estate or interest in land he has valued under this Division of this Part of this Act notice of such valuation stating a time within which such person may lodge with the Western Lands Commissioner a written objec tion to such valuation.
(2 ) Any such person may in or to the effect of the form approved by the Minister object to any valuation under this Division of this Part of this Act within such time as is stated in such notice.
(3 ) No such valuation under this Divi sion of this Part of this Act shall be invalid because of any failure to give notice of valuation.
173F. (1) On objection being made to any valuation, the Western Lands Commissioner may,
if he sees fit, alter such valuation. Notice of the
Western Lands Commissioner's decision shall be given to the objector.
An objector who is dissatisfied with the decision of the Western Lands Commissioner not being a decision altering the valuation to the extent claimed in the objection, or to such extent as may be agreed upon, may within sixty days after service of such
notice,
notice, request in writing the Western Lands Com missioner to treat his objection as an appeal and to forward it to the Land and Valuation Court constituted by the Land and Valuation Court Act, 1921.
(2 ) The Western Lands Commissioner shall forward such objections together with a list thereof to the registrar of the Land and Valuation Court for hearing and determination by that Court.
173G. The Land and Valuation Court shall hear and determine all such objections brought before it, and, if it decides that any valuation is erroneous, shall order the valuation to be altered accordingly.
173H. If on the hearing of any objection the Land and Valuation Court orders any valuation to be altered, the Western Lands Commissioner shall make all such consequential alterations as are necessary to give effect to the decision of the Court.
(e) (i) by omitting subsection six of section two hundred and seventy-two and by inserting in lieu thereof the following subsections :—
(6) The provisions of this section are extended so as to apply to any such original or additional homestead selection as is herein before mentioned whether a grant in respect of the same has or has not issued; and (in cases
where the grant has issued) so as to apply not only to the whole, but also to each and every part of the land comprised in such grant. (6A) The provisions of this section are extended so as to apply to any such original or additional conditional purchase as is here inbefore mentioned whether a grant in respect of the same has or has not issued; and (in cases where the grant has issued) so as to apply not only to the whole, but also as to
each
each and every part of the land comprised in such g ran t : Provided that the provisions of this section shall not apply to the transfer of any land within such grant or of any parcel of land being part of that comprised in any such grant (other than land specified in subsection eight of this section) where the Minister, upon application being made as prescribed and payment of an amount equiva lent to five per centum, or where some other percentage is prescribed, that other percentage of the unimproved value of the land, so certi fies in the prescribed form : Provided that such amount shall not in any case be less than ten dollars.
For the purposes of this subsection the expression "unimproved value of the land" means the unimproved value of the land as defined or determined in accordance with the provisions of Division 2A of Part VIII of this Act.
The Minister may so certify in the case of a grant or subdivision made before the com mencement of section two of the Crown Lands and Other Acts (Amendment) Act, 1970, as well as in the case of a grant or subdivision made after such commencement.
Upon the issue of any certificate under this
subsection the land to which such certificate
with without recourse to this section, relates may be transferred or otherwise dealt (ii) by omitting subsections nine and ten of the same section.
(2) The Closer Settlement Act, 1904, is amended—
(a)
by inserting in section thirty after the word "section" where firstly occurring the words "and subsection four of section thirty-one of this Act";
(b)
(b) ( i) by omitting from subsection one of section thirty-one the words "No holder" and by inserting in lieu thereof the words "Subject to this section no holder";
(ii) by omitting from the same subsection the words ", nor to the transfer of land comprised in a subdivision of a settlement purchase after issue of the grant if the Minister has consented to the subdivision.
Where the consent of the Minister to the subdivision has been registered the restrictions as to transfer to which the grant before sub division was subject shall cease to apply to any portion of the grant transferred in pursuance of such subdivision.
The consent of the Minister to a subdivision shall be in the form prescribed by regulations under this Act, and may be registered in manner prescribed by regulations under the Conveyancing Act, 1919.
The consent of the Minister to the transfer of any parcel of land being part of that com prised in a settlement purchase after issue of the grant, shall not be required where the Minister so certifies in the prescribed form.
mencement of the Crown Lands, Closer subdivision made before or after the comThe Minister may so certify in the case of a Settlement and Returned Soldiers Settlement
(Amendment) Act, 1935.Upon the issue of any such certificate the restrictions as to transfer, to which the grant would otherwise have been subject, shall cease to apply to such parcel";
(iii)
(iii) by inserting at the end of the same section the following new subsection : —
(4) The restriction on acquisition by transfer or otherwise of a settlement purchase imposed by section thirty of this Act and the requirement under this section to obtain the written consent of the Minister to transfer, convey, or assign a settlement purchase shall not apply to the acquisition by transfer or otherwise or the transfer, conveyance or assign ment of any land within the grant of a settlement purchase or any parcel of land being part of that comprised in any such grant where the Minister, upon application being made as prescribed and payment of an amount equivalent to five per centum or, where some other percentage is prescribed, that other percentage of the unimproved value of the land, so certifies in the prescribed form : Pro vided that such amount shall not in any case be less than ten dollars.
For the purposes of this subsection the expression "unimproved value of the land" means the unimproved value of the land as defined or determined in accordance with the provisions of Division 2A of Part VIII of the Crown Lands Consolidation Act, 1913.
The Minister may so certify in the case of a grant or subdivision made before the com
mencement of section two of the Crown Lands
and Other Acts (Amendment) Act, 1970, as well as in the case of a grant or subdivision made after such commencement.
Upon the issue of any certificate under this subsection the land to which such certificate relates may be transferred, conveyed, assigned or otherwise dealt with notwithstanding the provisions of section twenty-six or thirty of
this
this Act or this section and the restriction imposed upon any other land referred to in subsection two or three of this section, if such land has not previously been transferred with the consent of the Minister separately from the land to which such certificate relates, shall be revoked.
(3 ) The Closer Settlement (Amendment) Act, 1909,
is amended by omitting subsection one of section twenty-two
and by inserting in lieu thereof the following subsection :—(1) The holder or the owner (subject to mortgage) of any settlement purchase before grant, soldiers' group purchase before grant, settlement purchase lease, group purchase lease or closer settlement lease, irrespective of whether the grant for any such lease has or has not issued, may with the consent of the Minister, sell the whole or any part of the land included in such pur chase or lease for any special purpose approved by the Minister.
(4 ) The Returned Soldiers Settlement Act, 1916, is
amended—
(a)
by omitting subsections two, three and four of section ten;
(b)
by inserting at the end of the same section the following new subsection :—
(5) Except where the land is within an irrigation area, the provisions of this section shall not apply to the transfer of any land within a grant of land sold under this Act or of any parcel of land being part of that comprised in any such grant where the Minister, upon application being made as prescribed and payment of an amount equivalent to five per centum or, where some other percentage is pre scribed, that other percentage of the unimproved
value
value of the land, so certifies in the prescribed form : Provided that such amount shall not in any case be less than ten dollars.
For the purposes of this subsection the expression "unimproved value of the land" means the unim proved value of the land as defined or determined in accordance with the provisions of Division 2A of Part VIII of the Crown Lands Consolidation Act, 1913.
The Minister may so certify in the case of a grant or subdivision made before the commence ment of section two of the Crown Lands and Other Acts (Amendment) Act, 1970, as well as in the case of a grant or subdivision made after such commencement.
Upon the issue of any certificate under this sub section the land to which such certificate relates may be transferred or otherwise dealt with notwith standing the provisions of subsection one of this section.
(5) The amendments made by paragraphs (b) and <e) of subsection one of this section, subparagraph (ii) of paragraph (b) of subsection two of this section, subsection three of this section or paragraph (a) of subsection four of
| before the commencement of those amendments, an applicant | this section do not extend to or affect any application made |
| under any such application 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. |
3. The Crown Lands Consolidation Act, 1913, is furthei
amended—
(a) by inserting at the end of subsection one of section one hundred and nine the following proviso : — Provided that no application made after the com mencement of section three of the Crown Lands and Other Acts (Amendment) Act, 1970, for con version of a conditional purchase lease into a conditional purchase and conditional lease under this section shall be entertained or confirmed.
(b) by inserting at the end of subsection one of section 123A the following proviso : —
Provided that no application made after the com mencement of section three of the Crown Lands and Other Acts (Amendment) Act, 1970, for conver sion of a homestead farm into a Crown lease under this section shall be entertained or approved.
(c)
by inserting in subsection one of section one hundred and eighty-three immediately before the words "With any such application for conversion" the following proviso : —
Provided that no application made after the com
mencement of section three of the Crown Lands and
Other Acts (Amendment) Act, 1970, for conver
sion of any homestead selection or grant or of any homestead farm into a conditional purchase and conditional lease under this section shall be
entertained or confirmed.(d)
by inserting in subsection one of section one hun dred and eighty-four after the words "conditional purchase and conditional lease." where firstly occurring the following proviso : —
Provided that no application made after the com
mencement of section three of the Crown Lands and
Other
Other Acts (Amendment) Act, 1970, for conver sion of a settlement lease or Crown-lease into a conditional purchase and conditional lease under this section shall be entertained or confirmed.
(e) by inserting at the end of subsection one of section 1 93A the following proviso : —
Provided that no application made after the com mencement of section three of the Crown Lands and Other Acts (Amendment) Act, 1970, for conver sion of a prickly-pear lease or part thereof into a homestead farm, a Crown-lease or a conditional purchase and conditional lease under this section shall be entertained or confirmed.
(f)
(i) by inserting in section one hundred and ninety- four after the words "upon application in the prescribed form" the words "and subject to subsection two of this section"; (ii) by inserting at the end of the same section the following new subsection : — (2) No application made after the com mencement of section three of the Crown Lands and Other Acts (Amendment) Act, 1970, for conversion of a conditional purchase or conditional lease or conditional purchase and conditional lease or homestead selection or homestead grant or conditional purchase lease into a homestead farm under this section shall
be entertained or approved.
4. (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a)
(i)
by omitting paragraphs (a) and (b) of sub section one of section one hundred and eighty-four;
(ii)
(ii) by omitting from paragraph (d) of the same subsection the words "in respect of an applica tion for conversion of a settlement lease the applicant is dissatisfied with the determination of the local land board as to the area which may be converted into a conditional purchase or additional conditional purchase, or if";
(b) (i) by omitting from subsection two of section
188A the words "or may hereafter b e " ;
(ii) by omitting from the same subsection the words "is determined" and by inserting in lieu thereof the words "has been determined";
(c)
(i)
by omitting paragraph (b) of subsection two' of section one hundred and ninety;
(ii)
by omitting from paragraph (a) of subsection seven of the same section the words "and from the provisions of paragraph (b) of subsection two of this section";
(d) by omitting from subsection one of section 193A the words ", but the area which may be allowed in satisfaction of any such application shall be confined to an area which in the opinion of the local land board would not, when improved by necessary
destruction, and provision for water supply, and ring-barking, suckering, scrubbing, clearing, pear when used for the purposes for which it is reason ably fitted, substantially exceed a home maintenance
area".
(2) The amendments made by paragraphs ( a ) , (c) and (d) of subsection one of this section extend to applica tions made before and pending at the commencement of this section.
5 . (1 ) The Crown Lands Consolidation Act, 1913, is
further amended—
(a) by omitting from the matter relating to Division 9 of Part VIII in paragraph (b) of section one the figures "233" and by inserting in lieu thereof the figures and letter "233B" ; (b) by inserting next after subsection (1A) of section thirty-seven the following new subsection : — (1B) The Governor in prescribing some amount other than that otherwise fixed as the minimum rent or license fee pursuant to the provisions of this Act may apply such prescription to all holdings or to particular holdings only or may prescribe different amounts in respect of different classes of holdings, or may prescribe the bases on which such mini mum rent or license fee shall be calculated.
Any increase in rents or license fees pursuant to any such prescription shall take effect from the prescribed date.
( c )
(i)
by inserting in section fifty-two after the words "or determined" the following new para graph :—
(c) notwithstanding the foregoing where section 233A of this Act is applicable be by omitting from the same section the words "and for each" and by inserting in lieu thereof the words "and, subject to section 233A of this Act, for each";
as therein provided;
(ii)
(iii) by omitting from the same section the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(d)
(d)
by omitting from paragraph (2A) of section seventy the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(e)
by omitting from paragraph five of section seventy- two the words "four dollars per annum" and by inserting in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(f) ( i ) by inserting in subsection one of section seventy-four after the words "local land board" the words "and where section 233A of this Act is applicable be as therein provided";
(ii) by omitting from the same subsection the words "four dollars per annum" and by insert ing in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(g) ( i) by omitting from subsection one of section seventy-five the words "four dollars per annum" wherever occurring and by inserting in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(ii) by inserting in the same subsection after the words "local land board" the words "and
where section 233A of this Act is applicable be as therein provided";
(h)
(i)
by inserting at the end of subsection five of section 75A the following proviso : —
Provided that in respect of a special lease to which section 233A of this Act applies the annual rent shall not be less than six per centum of the capital value determined in pursuance of that section.
(ii)
(ii) by omitting the proviso to subsection nine of the same section and by inserting in lieu thereof the following proviso :—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(iii) by omitting the proviso to subsection ten of the same section and by inserting in lieu thereof the following proviso :—
Provided that upon any subsequent deter mination the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation of
that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
) by omitting the proviso to subsection nine of section 75B and by inserting in lieu thereof the following
proviso :—
Provided that upon any such determination the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
(b)
in any other case be not less than six dollars, per annum or, where some other amount is prescribed, such other amount per annum.
(j) ( i) by inserting in subsection one of section seventy-six after the words "local land board" where secondly occurring the words "and where section 233A of this Act is applicable be as therein provided";
(ii) by omitting from the same subsection the words "four dollars per annum" and by insert ing in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum" ;
(k) by omitting from section seventy-eight the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount"; (1) by omitting the proviso to paragraph (c) of sub section one of section eighty and by inserting in lieu thereof the following proviso : —
Provided that the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b) in any other case be not less than six dollars
per annum or, where some other amount is prescribed, such other amount per annum.
(m) by omitting the proviso to paragraph (d) of section 82A and by inserting in lieu thereof the following
proviso : —
Provided that the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b )
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(n)
by omitting the proviso to paragraph (e) of sub- section one of section ninety-one and by inserting in lieu thereof the following proviso :—
Provided that the rent shall—
(a) in the case of a homestead selection to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or (b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(o) (i) by omitting the proviso to subsection one of section ninety-seven and by inserting in lieu thereof the following proviso :—
Provided that the rent shall—
(a)
in the case of a homestead selection to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other
amount per annum.
(ii) by omitting from subsection (1A) of the same section the words "and shall not be less than four dollars" and by inserting in lieu thereof the words "and—
(a)
in the case of a homestead selection to which section 233A of this Act applies shall be that applicable by virtue of the operation of that section; or
(b)
(b)
in any other case shall be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.";
(p)
by omitting from subsection one of section one hundred and one the words "Provided that the annual rent shall not be less than four dollars." and by inserting in lieu thereof the following words : —
Provided that the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(q)
(i)
by omitting the proviso to subsection one of section one hundred and three and by inserting in lieu thereof the following proviso :—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other
amount per annum. (ii) by omitting the proviso to subsection (1A) of the same section and by inserting in lieu thereof the following proviso : —
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(r) by omitting from section one hundred and seven the words "Provided that the rent shall not be less than four dollars per annum." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(s)
(i)
by omitting the proviso to paragraph (b) of subsection seven of section one hundred and nine and by inserting in lieu thereof the following proviso: —
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation of
that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(ii) by omitting the proviso to paragraph (bl) of the same subsection and by inserting in lieu thereof the following proviso : —
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(t)
by omitting from subsection (2A) of section one hundred and thirteen the words "shall not be less than four dollars" and by inserting in lieu thereof the words "shall—
(a) in the case of a lease to which section 233A of this Act applies be that applicable by
virtue of the operation of that section; or(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(u)
by omitting from section one hundred and twenty- two the words "Such annual rent shall be paid half-yearly in advance and shall not be less than four dollars." and by inserting in lieu thereof the words "The annual rent payable as aforesaid shall be paid half-yearly in advance and shall—
(a)
in the case of a homestead farm to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is
prescribed, such other amount per annum."; (v) by omitting from subsection five of section 123A the words "Provided further that such annual rent shall not be less than four dollars." and by inserting in lieu thereof the words—
Provided further that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that applicable by
virtue of the operation of that section; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(w)
by omitting from section one hundred and twenty- seven the words "Such annual rent shall be paid half-yearly in advance and shall not be less than four dollars." and by inserting in lieu thereof the words "The annual rent payable as aforesaid shall be paid half-yearly in advance and shall—
(a) in the case of a suburban holding to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or (b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum."; (x) by omitting from section one hundred and thirty- four the words "Provided that the annual rent shall not be less than four dollars, and that the rent payable for the next year after confirmation or approval shall be remitted if the lessee during such year expends a sum not less than the rent for that year in effecting on the Crown-lease improvements of a permanent, fixed, and substantial character, the improvements so effected—except boundary fencing —being in addition to those which may be other wise required by the conditions as to improvements or expenditure attaching to the lease.
The foregoing provision of this section relating to remission of rent shall not apply to any Crown- lease the application for which is confirmed or approved after the commencement of the Crown Lands (Amendment) Act, 1964." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
P 19089—19
P 19089—19 (t>) ( b )
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(y) by omitting from section 136c the words "Such annual rent shall be paid half-yearly in advance and shall not be less than four dollars." and by inserting in lieu thereof the words— The annual rent payable as aforesaid shall be paid half-yearly in advance and shall—
(a)
in the case of a lease to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(z) by inserting next after subsection one of section 136K the following new subsection :—
( I A ) Where the rent per annum payable in respect of a permissive occupancy or permission to occupy Crown lands in existence at the com mencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970, is four dollars, or more than four dollars and less than six dollars, such rent per annum shall be increased to six dollars.
This subsection shall not affect any rent otherwise
payable in respect of any such permissive occupancy or permission to occupy Crown lands or which may hereafter become payable in respect of a permissive occupancy or permission to occupy Crown lands granted after such commencement. (aa) by omitting from the matter relating to Division 9 in the heading to Part VIII the figures " 2 3 3 " and by inserting in lieu thereof the figures and letter "233B" ;
(bb)
(bb)
(i)
by inserting at the end of subsection one of section 167A the following new paragraph : —
No such application shall be made in respect of a suburban holding of a block notified by the Minister under section one hundred and twenty-four of this Act as made available for the purpose of erecting a dwelling thereon, or in respect of any other holding abovemen- tioned where the annual rent is that applicable by virtue of the operation of section 233A of this Act.
(ii)
by omitting from subsection four of the same section the words "four dollars per annum" and by inserting in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(cc) (i) by omitting from subsection six of section one hundred and eighty-three the words "Provided that such annual rent shall not be less than four dollars." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a ) in the case of a lease to which section
233A of this Act applies be that applicable by virtue of the operation of that section; or (b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(ii) by omitting from the same subsection the words "Provided that such rent shall not be
less
less than four dollars per annum." and by
inserting in lieu thereof the words—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum. (iii) by omitting from subsection (6A) of the same section the words "Provided that such annual rent shall not be less than four dollars per annum." and by inserting in lieu thereof the words :—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that applic-
able by virtue of the operation of that
section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(dd) (i) by omitting from paragraph two of section one
hundred and eighty-five the words "that such rent shall not be less than four dollars per
annum : Provided further";(ii) by inserting at the end of the same paragraph the following proviso :—
Provided further that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that applic
able by virtue of the operation of that
section; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(iii) by omitting from subparagraph (b) of para graph (2A ) of the same section the words "shall not be less than four dollars" and by inserting in lieu thereof the words "shall—
(a) in the case of a lease to which section 233A of this Act applies be that
applicable by virtue of the operation
of that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(ee) by omitting from subsection five of section one hundred and ninety the words "Provided that the annual rent shall not be less than four dollars." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that applicable by
virtue of the operation of that section; or(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(ff) by omitting from paragraph (b) of section one hundred and ninety-three the words "Provided that the rent shall not be less than four dollars per annum;" and by inserting in lieu thereof the words—
Provided that the rent shall—
(a)
in the case of a homestead selection or grant to which section 233A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum :
(gg) by omitting from subsection eight of section 193A the words "Provided that such rent shall not be less than four dollars per annum." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a) in the case of a lease to which section 233A of this Act applies be that applicable by
virtue of the operation of that section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(hh) (i) by omitting from paragraph (6A) of section one hundred and ninety-four the words "Pro vided that such annual rent shall not be less than four dollars.";
(ii) by inserting next after paragraph (8A) of the same section the following new paragraph :—
(8B ) The rent payable pursuant to para graph ( 6 A ) , (6B ) or (8) of this section shall, notwithstanding anything therein contained, be—
(a) in the case of a homestead farm to which section 233A of this Act applies that applicable by virtue of the operation of that section; or (b) in any other case not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(ii)
(ii) by omitting from section two hundred and two the words "four dollars" wherever occurring and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(jj) by omitting from the heading to Division 9 of Part VIII the figures " 2 3 3 " and by inserting in lieu thereof the figures and letter "233B";
(kk) by inserting next after section two hundred and thirty-three the following new sections and short headings thereto : —
Annual rents in certain cases consequent upon
transfer.
233A. (1) In this section "holding" means a homestead selection (before or after grant) or a lease (whether a perpetual lease grant has or has not issued) under the Crown Lands Acts (other than an annual lease, a special lease the annual rent of which is not required under this Act or the conditions annexed to such lease to be determined separately for stated periods, a snow lease, a conditional lease in the Western Division or a lease within an irrigation area) .
(2) Where a holding is, or any interest in a holding is wholly or partially, transferred (otherwise than by way of mortgage or discharge of mortgage) the annual rent payable in respect of such holding shall be as determined by this section.
The rent so determined shall notwithstanding any
other provision of this Act be the rent payable in
respect of such holding.This subsection does not apply to any transfer—
(a)
in respect of such holding or interest therein or any part of an interest therein where such transfer was effected pursuant to any agree ment entered into before the commence ment of section five of the Crown Lands and Other Acts (Amendment) Act, 1970;
(b)
(b)
other than the transfer to which this sub section applies first effected in respect of such holding or interest therein or any part of an interest therein after such commence ment;
(c)
to the spouse, child or children of the holder of the holding or interest therein or any part of an interest therein or where the transfer is of an interest therein or any part of an interest therein such transfer is to the spouse, child or children of any other holder having an interest in the holding;
(d)
to a trustee, executor, administrator or other person in his representative capacity.
(3 ) Where the annual rent for the full term of a holding upon which subsection two of this section operates has been fixed in pursuance of any provision in that behalf contained in the Crown Lands Acts or any other Act at a rate per centum of its capital value the annual rent of the holding shall, subject to subsection six of this section, as from the expiration of the day next preceding the day upon which the rent (whether payable yearly or half-yearly) becomes payable next after the transfer of the holding or any interest or partial interest therein be six per centum of such capita) value.
(4) Whenever in the case of any part
of a holding upon which subsection two of this
section operates the annual rent thereof, in pur suance of any provision in that behalf contained in this Act or of any condition annexed to such holding, becomes subject to redetermination or in the case of a special lease, becomes subject to separate determination for stated periods, the local land board shall upon such redetermination or separate determination determine the capital value of such part of that holding and the annual rent of such part of the holding shall, subject to sub section six of this section, as from the expiration
of
of the day next preceding the day upon which the rent (whether payable yearly or half-yearly) becomes payable next after such redetermination or separate determination be such amount not less than six per centum of that capital value as the local land board determines.
(5) Where in the case of a holding upon which subsection two of this section operates the determination of the annual rent thereof has not been provided for in subsection three or four of this section, the annual rent of such holding shall, subject to subsection six of this section, as from the expiration of the day next preceding the day upon which the rent (whether payable yearly or half-yearly) becomes payable next after the transfer of the holding or any interest or partial interest therein be six per centum of the capital value of the holding or be the amount equivalent to the annual rent which would have been payable in respect of the holding had such transfer not been effected, whichever amount is the greater. For the purposes of this subsection where any such holding does not have a notified or determined capital value, the capital value shall be deemed to be two dollars per acre.
(6) Where the transfer upon which sub section two of this section operates is a transfer of an interest or partial interest in a holding the increased rent (if any) which but for this subsection
would be applicable in respect of the holding shall
be reduced by an amount which bears the sameproportion to the amount of the increase as the interest not transferred bears to the whole of the holding.
(7) The rent per annum of any holding upon which subsection two of this section operates shall notwithstanding anything in this section contained be not less than six dollars per annum or, where some other amount is prescribed, such
other amount. (8) (8) For the purposes of this section a transfer shall be deemed to be effected as upon the date determined by the Minister. In making any such determination the Minister shall have regard to any of the following instruments, if any, evidencing such transfer—
(a)
a transfer in a form prescribed by regulation under this Act,
(b)
a memorandum of transfer or other instrument for effecting a transfer for the purposes of the Real Property Act, 1900,
(c)
an application for registration by transmis sion approved by the Minister in pursuance of any regulation under this Act.
Minimum rents and license fees.
233B. Any increase in rent, not being an increase pursuant to section 233A of this Act, or license fee effected by the amendments made by section five of the Crown Lands and Other Acts (Amendment) Act, 1970, shall operate as from the expiration of the day next preceding the day upon which the rent (whether payable yearly, half-yearly or in any other manner) or license fee, as the case may be, becomes payable next after the commencement of section five of the Crown Lands and Other Acts
(Amendment) Act, 1970.
(11)
(i)
by omitting from section two hundred and fifty- eight the words "the right of conversion or purchase under";
(ii)
by omitting from the same section the words "four dollars per annum" and by inserting in lieu thereof the words "six dollars per annum or, where some other amount is prescribed, such other amount per annum";
(mm)
(mm) (i) by omitting from the proviso to subsection one of section two hundred and eighty-two the word "section" and by inserting in lieu thereof the word "subsection";
(ii) by inserting next after subsection two of the same section the following new subsection :—
(3) Notwithstanding any other provision in this Act where the interest payable annually in respect of any conditional purchase not under the instalment system would but for the provisions of this subsection be less than six dollars such interest shall, on and from the day when interest is next payable after the commencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970, be six dollars or, where some other amount is prescribed, such other amount.
(2) The Closer Settlement Act, 1904, is further
amended—
(a)
by omitting from section thirty-nine the word "fit: " and by inserting in lieu thereof the words "fit. Where the rent per annum in respect of a permit to occupy in existence at the commencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970, is four dollars, or more than four dollars and less than six dollars, such
rent per annum shall be increased to six dollars.
This provision shall not affect any rent otherwise payable in respect of any such permit to occupy or which may hereafter become payable in respect of any permit to occupy granted after such commencement.";
(b)
by omitting from section forty-six the words "four dollars" wherever occurring and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount".
(3)
(3) The Closer Settlement Amendment (Conversion) Act, 1943, is amended—
(a)
by omitting from the matter relating to Part V in subsection four of section one the figures "15" and by inserting in lieu thereof the figures and letter "15D";
(b)
by inserting at the end of subsection three of section 2A the following proviso :—
Provided that the rent shall—
(a)
in the case of a lease to which section 15A of this Act applies be that applicable by virtue of the operation of that section; or
(b) in any other case be—
(i) the amount as above prescribed, of
(ii) six dollars per annum or, where some other amount is prescribed, such other amount per annum,
whichever is the greater.
(c)
by inserting in subsection one of section three after the words "so determined." where secondly
occurring the following proviso : — Provided that the rent shall—
(c)
in the case of a lease to which section 15A of this Act applies be that applicable by virtue of the operation of that section; or
(d)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(d)
(d)
by inserting at the end of section 3A the following proviso : —
Provided further that the rent shall—
(a)
in the case of a lease to which section 15A of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(e) by inserting at the end of paragraph one of section 4B the following proviso : —
Provided that where the rent of a lease has been increased by the operation of section 15A of this Act the annual rent for the purpose of this paragraph shall be the rent which would have been applicable but for such increase.
(f)
by inserting at the end of subsection five of section five the following proviso : —
Provided that the rent shall—
(a)
in the case of a homestead farm to which section 233A of the Crown Lands Consoli dation Act, 1913, applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(g)
(g)
by omitting from paragraph (a) of subsection two of section nine the words "Provided further that the annual rent shall not be less than four dollars." and by inserting in lieu thereof the words—
Provided further that the rent shall—
(i) in the case of a lease to which section 15A of this Act applies be that applicable by virtue of the operation of that section; or
(ii) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(h)
by inserting at the end of paragraph (b) of section fifteen the following proviso : —
Provided that the rent shall—
(a) in the case of a lease to which section 15A of this Act applies be that applicable by virtue of the operation of that section; or (b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum. (i) by inserting next after section fifteen the following new sections : —
15A. (1) In this section "holding" means a settlement purchase lease, group purchase lease or closer settlement lease (whether a perpetual lease grant has or has not issued). (2) Where a holding is, or any interest in a holding is wholly or partially, transferred (other wise than by way of mortgage or discharge of mortgage) the annual rent payable in respect of such holding shall be as determined by this section.
This
This subsection does not apply to any transfer—
(a)
in respect of such holding or interest therein or any part of an interest therein where such transfer was effected pursuant to any agree ment entered into before the commencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970;
(b)
other than the transfer to which this sub section applies first effected in respect of such holding or interest therein or any part of an interest therein after such commencement;
(c)
to the spouse, child or children of the holder of the holding or interest therein or any part of an interest therein or where the transfer is of an interest therein or any part of an interest therein such transfer is to the spouse, child or children of any other holder having an interest in the holding;
(d)
to a trustee, executor, administrator or other person in his representative capacity.
(3) The annual rent of any settlement pur
chase lease or group purchase lease upon whichsubsection two of this section operates shall, subject
tion of the day next preceding the day upon which to subsection five of this section, as from the expira the rent becomes payable next after the transfer of the lease or any interest or partial interest therein be six per centum of the capital value of any such lease. For the purposes of this subsection the capital value of any such lease shall be deemed to be an amount equivalent to forty times the annual rent which would have been payable under this Act in respect of the lease had such transfer not been effected.
(4)
(4) The annual rent of any closer settle ment lease upon which subsection two of this section operates shall, subject to subsection five of this section, as from the expiration of the day next preceding the day upon which the rent becomes payable next after the transfer of the lease or any interest or partial interest therein be six per centum of the capital value of such lease.
(5) Where the transfer upon which sub section two of this section operates is a transfer of an interest or partial interest in a holding the increased rent (if any) which but for this subsection would be applicable in respect of the holding shall be reduced by an amount which bears the same proportion to the amount of the increase as the interest not transferred bears to the whole of the holding.
(6) The rent per annum of any holding upon which subsection two of this section operates shall notwithstanding anything in this section con tained be not less than six dollars per annum or, where some other amount is prescribed, such other amount.
(7) For the purposes of this section a
date determined by the Minister. In making any transfer shall be deemed to be effected as upon the such determination the Minister shall have regard to any of the following instruments, if any,
evidencing such transfer—(a)
a transfer in a form prescribed by regula tions under the Closer Settlement Acts,
(b)
a memorandum of transfer or other instru ment for effecting a transfer for the purposes of the Real Property Act, 1900,
(c)
(c)
an application for registration by transmis sion approved by the Minister in pursuance of any regulation under the Closer Settlement Acts.
15B. Any increase in rent, not being an increase pursuant to section 15A of this Act, effected by the amendments made by section five of the Crown Lands and Other Acts (Amendment) Act, 1970, shall operate as from the expiration of the day next preceding the day upon which the rent (whether payable yearly, half-yearly or in any other manner) becomes next payable after the commencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970.
15c. The Governor in prescribing some amount other than that otherwise fixed as the minimum rent pursuant to the provisions of the Closer Settlement Acts may apply such prescription to all holdings or to particular holdings only or may prescribe dif ferent amounts in respect of different classes of holdings or may prescribe the bases on which such minimum rent shall be calculated.
Any increase in rents pursuant to any such prescription shall take effect from the prescribed date.
(4) The Returned Soldiers Settlement Act, 1916, is
| further amended— |
(a) by inserting next after subsection ten of section four the following new subsection : — (11) The rent of any holding by way of lease under this section to which section twenty-four of this Act applies shall, notwithstanding anything in this or any other Act,—
(a)
be that applicable by virtue of the operation of section twenty-four of this Act; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(b) by inserting next after subsection one of section six the following new subsection :— (1A) The Governor in prescribing some amount other than that otherwise fixed as the minimum rent pursuant to the provisions of this Act may apply such prescription to all holdings or to particular holdings only or may prescribe different amounts in respect of different classes of holdings or may prescribe the bases on which such minimum rent shall be calculated.
Any increase in rents pursuant to any such prescription shall take effect from the prescribed date.
(c) by inserting next after section twenty-three the following new sections and short headings thereto :— Rent of certain holdings consequent upon transfer.
24. (1) In this section "holding" means a holding by way of lease (before or after grant) under section four of this Act, other than a lease within an irrigation area.
(2) Where a holding is, or any interest in a holding is wholly or partially, transferred (otherwise than by way of mortgage or discharge of mortgage) the annual rent payable in respect of such holding shall be as determined by this section. This subsection does not apply to any transfer—
(a) in respect of such holding or interest therein or any part of an interest therein where such transfer was effected pursuant to any
agreement
agreement entered into before the com mencement of section five of the Crown Lands and Other Acts (Amendment) Act, 1970;
(b)
other than the transfer to which this sub section applies first effected in respect of such holding or interest therein or any part of an interest therein after such commencement;
(c)
to the spouse, child or children of the holder of the holding or interest therein or any part of an interest therein or where the transfer is of an interest therein or any part of an interest therein such transfer is to the spouse, child or children of any other holder having an interest in the holding;
(d)
to a trustee, executor, administrator or other person in his representative capacity.
(3) The rent of any holding upon which subsection two of this section operates shall as from the expiration of the day next preceding the day upon which the rent becomes payable next after the transfer of the holding or any interest or partial interest therein be six per centum per annum of the capital value of such holding. (4) Where the transfer upon which subsec tion two of this section operates is a transfer of an interest or partial interest in a holding the increased rent (if any) which but for this subsection would be applicable in respect of the holding shall be reduced by an amount which bears the same pro portion to the amount of the increase as the interest not transferred bears to the whole of the holding.
(5)
(5) The rent per annum of any holding upon which subsection two of this section operates shall notwithstanding anything in this section con tained be not less than six dollars per annum or, where some other amount is prescribed, such other amount.
(6) For the purposes of this section a trans fer shall be deemed to be effected as upon the date determined by the Minister. In making any such determination the Minister shall have regard to any of the following instruments, if any, evidencing such transfer—
(a) a transfer in a form required under this Act,
(b)
a memorandum of transfer or other instru ment for effecting a transfer for the purposes of the Real Property Act, 1900,
(c)
an application for registration by transmis sion approved by the Minister.
Minimum rents.
25. Any increase in rent, not being an increase pursuant to section twenty-four of this Act, effected by the amendments made by section five of the Crown Lands and Other Acts (Amendment) Act, 1970, shall operate as from the expiration of the day next preceding the day upon which the rent
manner) becomes payable next after the commence (whether payable yearly, half-yearly or in any other ment of section five of the Crown Lands and Other
Acts (Amendment) Act, 1970.
Minimum rent for road or watercourse enclosures. 26. Where in respect of any permission to
enclose a road or watercourse under this Act sub
sisting at the commencement of section five of the
Crown
Crown Lands and Other Acts (Amendment) Act, 1970, the rent is less than six dollars per annum such rent shall be increased to six dollars per annum and upon some other amount per annum being prescribed to such other amount per annum.
(5) The Prickly-pear Act, 1924, is amended—
(a)
by omitting from subsection (3A) of section fifteen the words "section to less than four dollars per annum." and by inserting in lieu thereof the words "section—
(a)
in the case of a holding to which section 2 ID of this Act, section 233A of the Crown Lands Consolidation Act, 1913, section 15A of the Closer Settlement Amendment (Con version) Act. 1943, or section twenty-four of the Returned Soldiers Settlement Act, 1916, applies to less than that applicable by virtue of the operation of the relevant section mentioned aforesaid; or
(b)
in any other case to less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.";
(b )
(i) by omitting from section seventeen the words "(not being less than four dollars per
;
annum)"; (ii) by inserting in the same section after the word "determine." where firstly occurring the following proviso :—
Provided that the rent shall—
(a) in the case of a lease to which section 21D of this Act applies be that
applicable by virtue of the operation
of that section; or
(b)
(b)
in any other case be not less than six dollars per annum or, where some- other amount is prescribed, such other amount per annum.
(c) (i) by omitting from section eighteen the words "(not being less than four dollars per annum)";
(ii) by omitting from the same section the words "Any rent received in respect of any such lease shall be paid into the Consolidated Revenue Fund." and by inserting in lieu thereof the words—
Provided that the rent shall—
(a) in the case of a lease to which section 2ID of this Act applies be that applic
able by virtue of the operation of that
section; or(b) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(d)
by omitting from subsection two of section twenty the words "rent to less than four dollars per annum." and by inserting in lieu thereof the
words "rent—
(a)
in the case of a lease to which section 21D of this Act applies to less than that applic able by virtue of the operation of that section; or
(b)
in any other case to less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.";
(e)
(e)
by omitting from subsection five of section 21A the words "Provided that the annual rent shall not be less than four dollars." wherever occurring and by inserting in lieu thereof the following proviso :—
Provided that the rent shall—
(i) in the case of a lease to which section 21D of this Act applies be that applicable by virtue of the operation of that section; or
(ii) in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
((f) by omitting from subsection three of section 21B the words "Provided that the rent shall not in any case be less than four dollars per annum." and by inserting in lieu thereof the following proviso : —
Provided that the rent shall—
(a)
in the case of a portion of a subdivided lease to which section 21D of this Act applies be that applicable by virtue of the operation of that section; or
(b)
in any other case be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(g) by inserting next after section 21c the following new sections: — 21D. (1) In this section "holding" means a
lease granted under this Act or the Prickly-pear
Destruction Act of 1901.
(2) Where a holding is, or any interest in ;a holding is wholly or partially, transferred (other wise than by way of mortgage or discharge of mortgage) the annual rent payable in respect of such holding shall be as determined by this section.
This
This subsection does not apply to any transfer—
(a) in respect of such holding or interest therein or any part of an interest therein where such transfer was effected pursuant to any agreement entered into before the com mencement of section five of the Crown Lands and Other Acts (Amendment) Act,. 1970; (b) other than the transfer to which this sub section applies first effected in respect of such holding or interest therein or any part of an interest therein after such commencement; (c) to the spouse, child or children of the holder of the holding or interest therein or any part of an interest therein or where the transfer is of an interest therein or any part of an interest therein such transfer is to the spouse, child or children of any other holder having an interest in the holding; (d) to a trustee, executor, administrator or other person in his representative capacity. (3) Where the annual rent of a holding upon which subsection two of this section operates, has been fixed in pursuance of any provision in that behalf contained in this Act at a rate per centum of its capital value the annual rent of the lease shall,, subject to subsection five of this section, as from
the expiration of the day next preceding the day
upon which the rent becomes payable next afterthe transfer of the holding or any interest or par
tial interest therein be six per centum of such'
capital value.(4) Where in the case of a holding upon which subsection two of this section operates the determination of the annual rent thereof has not been provided for in subsection three of this sub section, the annual rent of such holding shall,
subject
subject to subsection five of this section, as from the expiration of the day next preceding the day upon which the rent becomes payable next after the transfer of the holding or of any interest or partial interest therein be six per centum of the capital value of the holding or be the amount equivalent to the annual rent which would have been payable in respect of the holding had such transfer not been effected, whichever amount is the greater. For the purposes of this subsection where any such holding does not have a notified or determined capital value, the capital value shall be deemed to be two dollars per acre.
(5) Where the transfer upon which sub section two of this section operates is a transfer of an interest or partial interest in a holding the increased rent (if any) which but for this subsec tion would be applicable in respect of the holding shall be reduced by an amount which bears the same proportion to the amount of the increase as the interest not transferred bears to the whole of the holding.
(6) The rent per annum of any holding upon which subsection two of this section operates shall notwithstanding anything in this section con tained be not less than six dollars per annum or, where some other amount is prescribed, such other amount.
(7) For the purposes of this section a
transfer shall be deemed to be effected as upon the date determined by the Minister. In making any such determination the Minister shall have regard to any of the following instruments, if any, evidencing such transfer—
(a)
a transfer in a form prescribed by regula tions under this Act,
(b)
a memorandum of transfer or other instru ment for effecting a transfer for the purposes of the Real Property Act, 1900,
(c)
(c)
an application for registration by trans mission approved by the Minister in pur suance of any regulation under this Act.
21E . Any increase in rent, not being an increase pursuant to section 2 I D of this Act, effected by the amendments made by section five of the Crown Lands and Other Acts (Amendment) Act, 1 9 7 0 , shall operate as from the expiration of the day next preceding the day upon which the rent (whether payable yearly, half-yearly or in any other manner) becomes payable next after the commencement of section five of the Crown Lands and Other Acts
(Amendment) Act, 1 9 7 0 .
(h) by inserting next after subsection one of section thirty-four the following new subsection :— (1A) The Governor in prescribing some amount other than that otherwise fixed as the minimum rent pursuant to the provisions of this Act may apply such prescription to all holdings or to particu lar holdings only or may prescribe different amounts in respect of different classes of holdings or may prescribe the bases on which such minimum rent shall be calculated.
Any increase in rent pursuant to any such pre
scription shall take effect from the prescribed date.
6. (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a) (i) by omitting from section fifty-two the words
"shall be forty years" and by inserting in lieu thereof the words "shall in any case to which paragraph (a) , (b) or (c) applies and in any case to which paragraph (d) applies to a con ditional lease the title to which commenced before the commencement of section six of the Crown Lands and Other Acts (Amendment) Act, 1 9 7 0 , be forty years";
(ii)
(ii) by omitting from the same section the words "conditional lease as is within a reserve for mining" and by inserting in lieu thereof the words "conditional lease the title to which commenced before the commencement of section six of the Crown Lands and Other Acts (Amendment) Act, 1970, as is within a reserve for mining";
(7) Any condition of residence attaching to any holding under the Crown Lands Acts, otherwise than by any express provision of those Acts, shall cease to have any force or effect as from the commencement of this section.
1 0 . (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a)
by inserting next after section fifty-six the following short heading and new section :—
Issue of perpetual lease grants for conditional
leases in perpetuity.
56A . (1) In the case of a conditional lease the title to which is a lease in perpetuity as to the whole
of the land comprised therein the Governor shall, subject to subsection two of this section, issue a grant of the conditional lease to the lessee his heirs and assigns for ever, such grant being made subject to the conditions attaching to such conditional lease.
(2) A grant shall be issued under
subsection one of this section where—
(a)
all moneys due to the Crown in respect of the lease have been paid, and
(b )
(b)
in the case of a conditional lease the title to which commenced before the commence ment of section nine of the Crown Lands and Other Acts (Amendment) Act, 1970, the Minister is satisfied that all conditions other than payment of moneys due to the Crown attaching to the lease have been duly complied with, and
(c) in the case of a conditional lease the title to which commences after such commence ment the local land board upon inquiry finds that all conditions other than payment of moneys due to the Crown attaching to the lease have been duly complied with.
((b) (i) by inserting next after paragraph (a) of subsection one of section fifty-seven the following new paragraph :—
( a l ) If the perpetual lease grant has been issued in respect of the conditional lease a surrender thereof to the Crown in the prescribed form shall be executed and forwarded with the application.
If the application is wholly dis allowed, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be
entitled to have the grant and the surrender returned to him.
(ii) by inserting next after subsection three of the same section the following new subsection :—
(3A ) Where a conditional lease, in respect of which a perpetual lease grant has been issued, has been converted in part into an additional conditional purchase and such grant has been surrendered in accordance with
paragraph
paragraph (a1) of subsection one of this section, a perpetual lease grant for the remaining area of the conditional lease shall be issued by the Governor containing such of the conditions attaching to the lease as are applicable.
(c) by inserting at the end of subsection twelve of section 75A the following new paragraph :— Subject to section 75c of this Act, the provisions of this subsection shall not cease to apply after the issue of a perpetual lease grant, if any, and no transfer or other dealing or conveyance or assign ment in contravention of such provisions shall be valid for any purposes whatsoever.
(d) by inserting at the end of subsection eleven of section 75B the following new paragraph :— Subject to section 75c of this Act, the provisions of this subsection shall not cease to apply after the issue of a perpetual lease grant, if any, and no transfer or other dealing or conveyance or assign ment in contravention of such provisions shall be valid for any purposes whatsoever.
(e)
by inserting next after section 75c the following short heading and new section :—
Issue of perpetual lease grants for special leases
in perpetuity.
75D. (1) In the case of a special lease the title to which is a lease in perpetuity as to the whole of the land comprised therein the Governor shall, subject to subsection two of this section, issue a grant of the special lease to the lessee his heirs and assigns for ever, such grant being made subject to the conditions reservations and provisions annexed to the special lease as are applicable.
(2)
(2 ) A grant shall be issued under
subsection one of this section where—
(a) all moneys due to the Crown in respect of the lease have been paid, and (b) in the case of a special lease to which con ditions are annexed requiring the improve ment of or the erection of improvements on the land comprised therein the Minister— (i) is satisfied that such conditions have been sufficiently complied with, or
(ii) decides notwithstanding that such conditions have not been sufficiently complied with that a grant should issue.
( f )
(i)
by inserting in paragraph (j) of section 82A after the word "purchased." the words "If a perpetual lease grant has been issued in respect of the lease a surrender thereof to the Crown in the prescribed form shall be executed and forwarded with the application. If the applica tion is wholly refused, the surrender shall be deemed to have had no effect and the appli cant or his mortgagee shall be entitled to have the grant and the surrender returned to him.";
(ii)
by inserting next after the same paragraph the following new paragraph :—
(ja) Where an application to purchase the land comprised in a lease held under this section is granted for part of that land and a perpetual lease grant has been issued in respect of such lease and such grant has been surrendered in accordance with paragraph (j) of this section, a perpetual lease grant for the remaining area of the lease shall be issued by the Governor
containing
containing such of the provisions con ditions and covenants attaching to the lease as are applicable.
(g)
by inserting next after section 82A the following- short heading and new section :—
Issue of perpetual lease grants for leases of town lands.
82B . (1) The Governor shall, subject to subsec tion two of this section, issue a grant of a lease under section 82A of this Act to the lessee his heirs and assigns for ever, such grant being made subject to the provisions conditions and covenants attaching to such lease as are applicable.
(2 ) A grant shall be issued under subsec
tion one of this section where—
(a)
all moneys due to the Crown in respect of the lease have been paid, and
(b)
any instrument of lease issued under this Act in respect of the holding and which has- not been lost or destroyed has been lodged' with the Department of Lands in order that it may be cancelled.
(h)
(i)
by omitting from subsection one of section one hundred and one the words "lease shall be in
visions to secure" and by inserting in lieu the prescribed form, and shall contain pro thereof the word "lessee"; (ii) by omitting from paragraphs ( 1 ) , ( 2 ) , ( 4 ) , (5) and (6) of the same subsection the words "that the lessee" wherever occurring;
(iii) by omitting from the same subsection the words " ( 7 ) that the Minister may forfeit the lease upon breach of any of the conditions covenants and provisions therein contained.
The
The lease may also contain such additional provisions conditions and covenants as to the Minister may seem expedient in the public interest." and by inserting in lieu thereof the following paragraph :—
The Minister may forfeit the lease upon breach by the lessee of any of the foregoing conditions covenants and provisions or of any conditions the Minister may have notified in accordance with subsection one of section one hundred and three of this Act in respect of any additional settlement lease held by that lessee. The Minister may also forfeit any settlement lease the title to which commenced before the commencement of section ten of the Crown Lands and Other Acts (Amendment) Act, 1970, upon breach of any of the conditions covenants and provisions attaching to such lease.
(iv) by inserting next after the same subsection the following new subsection :—
(1A ) The restriction upon assignment or subletting of any settlement lease without the Minister's consent, other than a settlement lease to which section two hundred and seventy-two of this Act applies, shall not cease
or conveyance or assignment in contravention to apply after the issue of a perpetual lease grant, if any, and no transfer or other dealing of this provision shall be valid for any
purposes whatsoever.(v) by omitting subsection three of the same section;
(vi) by omitting paragraph (a) of subsection four of the same section;
(vii)
(vii) by omitting paragraph (b) of the same sub section and by inserting in lieu thereof the following paragraph : —
(b) the term of that part of the settlement lease not extended to a lease in per petuity shall be the balance of the term of the settlement lease subsisting at the date upon which the application under subsection two of this section is granted; (viii) by omitting from paragraph (c) of the same subsection the words "such new leases" and by inserting in lieu thereof the words "any part of the settlement lease";
(ix) by omitting from paragraph (d) of the same subsection the words "the new leases" and by inserting in lieu thereof the words "the several parts of the settlement lease";
(x) by omitting from paragraph (e) of the same subsection the word "leases" and by inserting in lieu thereof the words "parts of the settlement lease";
(xi) by omitting from subsection five of the same section the words "new leases issued in pur suance of this section" and by inserting in lieu thereof the words "several parts of the settlement lease";
(i) by inserting next after section one hundred and three the following short heading and new section : —
Issue of perpetual lease grants for settlement leases
in perpetuity.
103A. (1) In the case of a settlement lease the
title to which is a lease in perpetuity as to the wholeof the land comprised therein the Governor shall,
subject
subject to subsection two of this section, issue a grant of the settlement lease to the lessee his heirs and assigns for ever, such grant being made subject to the conditions covenants and provisions attaching to such settlement lease.
(2) A grant shall be issued under sub
section one of this section where—
(a)
all moneys due to the Crown in respect of the lease have been paid, and
(b)
any instrument of lease issued under the Crown Lands Acts in respect of the holding and which has not been lost or destroyed has been lodged with the Department of Lands in order that it may be cancelled, and
(c)
(i)
the local land board upon inquiry finds that all conditions other than payment of moneys due to the Crown attaching to the lease have been duly complied with, or
(ii)
a certificate that the condition of resi dence has been duly performed in respect of the lease has been issued in pursuance of the Crown Lands Acts before the commencement of section nine of the Crown Lands and Other Acts (Amendment) Act, 1970.
(j)
by inserting next after section one hundred and eight the following short heading and new section : —
Issue of perpetual lease grants for conditional
purchase leases in perpetuity.
108A. (1) In the case of a conditional purchase lease the title to which is a lease in perpetuity as to the whole of the land comprised therein the Gover nor shall, subject to subsection two of this section,
issue
issue a grant of the conditional purchase lease to the lessee his heirs and assigns for ever, such grant being made subject to the conditions terms and provisions attaching to such conditional purchase lease.
(2) A grant shall be issued under
subsection one of this section where—
(a)
all moneys due to the Crown in respect of the lease have been paid, and
(b)
any instrument of lease issued under the Crown Lands Acts in respect of the hold ing and which has not been lost or destroyed has been lodged with the Department of Lands in order that such instrument may be cancelled, and
(c)
a certificate in the prescribed form that all conditions attaching to the lease have been duly complied with has been issued by the local land board.
(k) by inserting at the end of subsection two of section
one hundred and nine the following new
paragraph :— If the perpetual lease grant has been issued in respect of the lease a surrender thereof to the Crown in the prescribed form shall be executed and for warded with the application. If the application is disallowed, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be entitled to have the grant and the surrender returned to him.
(1)
(1) ( i) by omitting from section one hundred and thirty-four the words "Where an instrument of lease has issued in respect of the Crown-lease the following provisions shall have effect:—
(a) if the Crown-lease has been extended to a lease in perpetuity as to the whole of the land comprised therein, the instrument of lease shall be lodged with the Department of Lands in order that a notification of such extension may be endorsed thereon; (b) if the Crown-lease has been extended to a lease in perpetuity as to part only of the land comprised therein— (i) the Crown-lease shall be sur rendered and separate leases issued for such part and for the residue of the land comprised in the Crown-lease; and where any person has an interest as mortgagee or otherwise in the
Crown-lease so surrendered the document evidencing or agreement creating such in terest shall except in the case of a transfer under this Act, be read and construed as if the reference in such document or
agreement to the Crown-lease so surrendered were a refer ence to the new leases so issued, and where the docu ment or agreement is a trans fer under this Act by way of mortgage, it shall be deemed to include an undertaking to execute such further transfers as may be necessary to confer
P 19089—21 on on such person an equivalent interest in the new leases, and in such case the transferee shall, by virtue of this Act, have authority to execute, as the attorney and at the expense of the transferor, any such transfer, if the transferor fails to execute the same within one month after being called upon to do so ;
(ii) the new leases shall commence on the date of publication in the Gazette of the notification that the Minister has granted the application and the term of the new lease for such residue shall be the balance of the term of the Crown-lease subsisting at that da te ;"
and by inserting in lieu thereof the words "Where an application under this section has been granted as to part only of the land comprised in a Crown-lease—
(i) the term of that part of the lease not extended to a lease in perpetuity shall be the balance of the term of the
which such application is granted;"; Crown-lease subsisting at the date upon (ii) by omitting from the same section the words "(i i i) no additional" and by inserting in lieu thereof the words "( i i ) no additional";
(iii) by omitting from the same section the words "such new leases" and by inserting in lieu thereof the words "any part of the Crown-lease";
(iv)
(iv) by omitting from the same section the words " ( iv) the new leases" and by inserting in lieu thereof the words "(iii) the several parts of the Crown-lease";
(v) by omitting from the same section the words "new leases issued in pursuance of this sec tion" and by inserting in lieu thereof the words "several parts of the Crown-lease";
(m)
by inserting next after section 134A the following short heading and new section : —
Issue of perpetual lease grants for Crown-leases in
perpetuity.
134B. (1 ) In the case of a Crown-lease the title to which is a lease in perpetuity as to the whole of the land comprised therein the Governor shall, sub ject to subsection two of this section, issue a grant of the Crown-lease to the lessee his heirs and assigns for ever, such grant being made subject to the conditions attaching to such Crown-lease.
(2 ) A grant shall be issued under
subsection one of this section where—
(a) all moneys due to the Crown in respect of the lease have been paid, and (b)
any instrument of lease issued under this Act in respect of the holding and which has not been lost or destroyed has been lodged with the Department of Lands in order that such instrument may be cancelled, and
(c) (i) the local land board upon inquiry finds that all conditions other than payment of moneys due to the Crown attaching to the lease have been duly complied with, or
(ii)
(ii) a certificate that the condition of resi dence has been duly performed in respect of the lease has been issued in pursuance of this Act before the com mencement of section nine of the Crown Lands and Other Acts (Amendment) Act, 1970;
(n) (i) by omitting from section one hundred and eighty-two the words "The Minister may re quire the instrument evidencing the title to any such lease to be produced for the purpose of being indorsed with a memorandum of any such variation modification revocation or addition as aforesaid.";
(ii) by inserting at the end of the same section the following new subsection : —
(2) The provisions of this section shall apply to any lease specified in subsection one hereof both before and after the issue of a perpetual lease grant, if any, and the Registrar- General may make such entries on the grant or any certificate of title as may be necessary with respect to any such variation modifica tion revocation or addition as aforesaid.
(o)
by inserting next after paragraph (g) of subsection one of section one hundred and eighty-four the following new paragraph :—
(g1) If the perpetual lease grant has been issued Crown-lease, the subject of the application, a surrender thereof to the Crown in the prescribed form shall be executed and for warded with the application. If the application is disallowed, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be entitled to have the grant and surrender returned to him.
in respect of either the settlement lease or
(P)
(p )
(i)
by inserting at the end of subsection three of section one hundred and ninety the following new paragraph :—
If the perpetual lease grant has been issued in respect of the lease a surrender thereof to the Crown in the prescribed form shall be executed and forwarded with the application. If the application is wholly refused, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be entitled to have the grant and the surrender returned to him.
(ii)
by inserting next after subsection six of the same section the following new subsection :—
(6A) Where a special lease, in respect of which a perpetual lease grant has been issued, has been converted in part into a conditional purchase or an additional conditional purchase and such grant has been surrendered in accord ance with subsection three of this section, a perpetual lease grant for the area of the special lease not so converted shall be issued by the Governor containing such of the conditions reservations and provisions attaching to the lease as are applicable.
(q ) (i) by inserting at the end of subsection four of section 193A the following new paragraph :— If the perpetual lease grant has been issued in respect of the lease a surrender thereof to the Crown in the prescribed form shall be executed and forwarded with the application. If the application is wholly disallowed, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be entitled to have the grant and the surrender returned to him.
(ii)
(ii) by inserting at the end of subsection six of the same section the following new paragraph :—
Where the lease, in respect of which a per petual lease grant has been issued, has been converted in part into a conditional purchase and such grant has been surrendered in accordance with subsection four of this section, a perpetual lease grant of the area of the prickly-pear lease not so converted shall be issued by the Governor containing such of the provisions conditions and special conditions attaching to the lease as are applicable.
( r) ( i) by omitting from section two hundred and fifty-seven the words ", and in the case of a Crown-lease, conditional lease settlement lease conditional purchase lease or town-lands lease the lease, if any, shall be surrendered and a separate lease issued for each portion :
Provided always that leases so issued shall contain such covenants and conditions as the Minister may approve";
(ii) by omitting from the same section the words "homestead farm, and to section one hundred and twenty-nine of this Act where the grant is
of a suburban holding to the transfer of which the consent of the Minister is required under that section," and by inserting in lieu thereof the words "homestead farm if that section affected the grant, and to section two hun dred and seventy-four of this Act where the grant is of a Crown-lease if that section affected the grant, and to section two hundred and seventy-two of this Act where the grant is of a conditional lease if that section affected
the
the grant, and to section two hundred and seventy-two of this Act where the grant is of a settlement lease if that section affected the grant or, as the case may be, to the provision of such grant securing that the lessee shall not assign (except by way of mortgage or dis charge of mortgage) or sublet the land com prised in such lease without the Minister's consent, and to section one hundred and twenty-nine of this Act where the grant is of a suburban holding to the transfer of which the consent of the Minister is required under that section, and to sections two hundred and sixty-five and two hundred and seventy-two of this Act where the grant is of a conditional purchase lease if those sections affected the grant, and to, as the case may be, either sub section twelve of section 75A or subsection eleven of section 75B of this Act where the grant is of a special lease, and to paragraph (h) of section 82A of this Act where the grant is of a town-lands lease,";
(s) by inserting in subsection one of section two hun dred and sixty-five after the word "restriction" the words "shall not cease to apply after the issue of a perpetual lease grant, if any, in respect of any such conditional purchase lease or conditional lease but
such restriction"; (t) by omitting from subsection five of section two hun dred and seventy-two the words "It shall" and by inserting in lieu thereof the words "The provisions of this section shall not cease to apply after the issue of a perpetual lease grant, if any, in respect of any such original or additional settlement lease
or
or original or additional conditional purchase lease as aforesaid or in respect of any conditional lease to which this section applies and it shall";
(u) (i) by inserting next after paragraph (a) of sub section one of section three hundred and seven the following new paragraph :— ( a l ) If the perpetual lease grant has been issued in respect of the lease a sur render thereof to the Crown in the pre scribed form shall be executed and forwarded with the application.
If the application is wholly dis allowed, the surrender shall be deemed to have had no effect and the applicant or his mortgagee shall be entitled to have the grant and the surrender returned to him.
(ii) by inserting next after subsection three of the same section the following new subsection :—
(3A) Where a conditional lease, in respect of which a perpetual lease grant has been issued, has been converted in part into an additional conditional purchase and such grant has been surrendered in accordance with paragraph (a1) of subsection one of this
section, a perpetual lease grant for the area of the conditional lease not so converted shall be issued by the Governor containing such of the conditions attaching to the lease as are applicable.
(v) by omitting from section three hundred and eleven the words "section fifty-two" and by inserting in lieu thereof the words "sections fifty-two and 56A".
( 2 )
(2) The Prickly-pear Act, 1924, is further
amended—
(a) by inserting next after section 21A the following new section :—- 21AB. (1 ) In the case of a lease granted under this Act or the Act hereby repealed where the term thereof has been extended to a lease in perpetuity as to the whole of the land comprised therein the Governor shall, subject to subsection two of this section, issue a grant of the lease to the lessee his heirs and assigns for ever, such grant being made subject to such provisions and special and other conditions attaching to such lease as are applicable.
(2) A grant shall be issued under
subsection one of this section where—
(a)
all moneys due to the Crown in respect of the lease have been paid, and
(b)
a certificate has been issued by the Com missioner in the prescribed form that the pear clearing conditions attaching to the lease have been complied with.
(b) by inserting next after subsection four of section 21B the following new subsection :—
(4A) In the case of a subdivision of a perpetual
lease grant the consent of the Minister shall be in
the form prescribed. Where the consent is given the Registrar-General may register such instruments affecting the various portions of the grant as conform to the consent and may issue separate certificates of title for such portions. The Registrar-General may also make such entries on the grant or any certificate of title as may be necessary with respect to land which the consent shows as having been surrendered under subsection four of this section for roads of access.
A
A certificate of title for portion of a perpetual lease grant shall expressly refer to the grant and to subsection three of section twenty of this Act and to subsection five of this section, and shall be subject to the conditions of the grant and to the provisions of such subsections.
11. (1) The Crown Lands Consolidation Act, 1913. is
further amended—
(a) by inserting next after subsection three of section fifty-nine the following new subsections :— (3A) The applicant for a block notified as available under this section shall, upon the day appointed, satisfy the local land board that he is qualified to apply, and that the application has been made in accordance with the provisions of this Act and in the case of any block which is subject to a condition requiring the erection of a dwelling thereon the applicant shall also satisfy the local land board that he is in need of the block as a home site for personal residence and that he will be able to comply with the conditions that will attach to the conditional purchase. The local land board shall confirm the application if satisfied as to the rele vant matters aforesaid, unless it permits the applicant to withdraw the same. The local land
board shall disallow the application if not so satis fied or if in its opinion the amount of capital held by the applicant or by his or her spouse is such as to warrant such disallowance. There shall be no appeal to the Land and Valuation Court from the disallowance under this subsection of an application for a conditional purchase of a block which is subject to a condition requiring the erection of a dwelling thereon.
( 3 B )
( 3 B ) TWO or more persons may apply jointly for any block notified by the Minister under this section and shall for all purposes of disqualification from applying, satisfying the local land board and complying with the conditions that will attach to the conditional purchase be deemed to be one person.
(3c ) A person shall not make, either alone or jointly, more than one application for the same block unless any prior application made by him, either alone or jointly, has been withdrawn or disallowed.
(b) by inserting in paragraph (a) of section one hundred and fifty-three after the word "thereon" wherever occurring the words ", conditional purchases of blocks notified as available under section fifty-nine hereof which are subject to a condition requiring the erection of a dwelling thereon"; (c) by omitting from section eighty-six the words "either of the last two preceding sections" and by inserting in lieu thereof the words "section eighty-four or eighty-five of this Act"; (d) by omitting from section two hundred and eight the words "conditional purchase lease" wherever
occurring and by inserting in lieu thereof the word "lease"; (e) by omitting section two hundred and sixty and by inserting in lieu thereof the following section : — 260. An original conditional purchase, non residential original conditional purchase, additional conditional purchase or conditional lease may, sub ject to any requirement in this Act relating to the transfer thereof, be transferred at any time.
(f)
(f)
by omitting from paragraph three of subsection one of section two hundred and eighty-two the words ", less any sum by which it may be reduced under section two hundred and eighty-nine hereof,";
(g)
by omitting from subsection one of section two hundred and eighty-eight the words "the next two succeeding sections" and by inserting in lieu thereof the words "section two hundred and ninety of this Act" ;
(h) by omitting section two hundred and eighty-nine.
(2) The Closer Settlement Act, 1904, is further
amended—
(a)
by omitting from paragraph (c) of subsection one of section twenty-nine the words ": Provided that nothing in this subsection shall limit the power of the local land board to prescribe the value of improvements to be effected under the provisions of
subsection ( b ) " ; (b)
by omitting from subsection one of section thirty- four the words "or a group purchase lease" and by inserting in lieu thereof the words " (or the settle ment purchase of which it was a conversion) or a group purchase lease (or the soldiers' group purchase of which it was a conversion)";
(c)
by inserting in section thirty-eight after the word "person" the words "within five years from the date of the sale under this section of any allotments".
( 3 )
(3) The Closer Settlement (Amendment) Act, 1909, is further amended by inserting in subsection five of section twenty-one after the words "to each farm." the words : —
Any such conditions or any restrictions may upon application made as prescribed by regulations made under the Closer Settlement Acts and for sufficient cause be varied modified or revoked by the Minister upon the recommendation of an advisory board, or without application as aforesaid may with the consent of the holder be added to by the Minister on the like recommendation.
12. (1) The Crown Lands Consolidation Act, 1913, is
further amended by inserting next after section two hundred and fifty-nine the following short heading and new section : —
Protection of Persons Registering Transfers,
Transmissions or Devolutions.
259A. Any provision in any other Act whereby a person acquiring title to land whether by devolution or otherwise, or the Registrar-General, Crown Solicitor, or other person registering or certifying title is protected
need to enquire into any matter or fact (including satisagainst notice of any matter or fact or excused from the faction of condition, exercise of power or want of authority) shall extend and be deemed to have always extended to a person acquiring title to any land or hold ing under this Act, or the Minister, or in the case of a holding within an irrigation area the Commission, in the course of registering any transfer, transmission or devolu tion of any land or holding under this Act, as the case may require.
(2)
(2 ) The Closer Settlement Act, 1904, is further amended by inserting next after section 31B the following new section :—
31c. Any provision in any other Act whereby a per son acquiring title to land whether by devolution or otherwise, or the Registrar-General, Crown Solicitor, or other person registering or certifying title is protected against notice of any matter or fact or excused from the need to enquire into any matter or fact (including satis faction of condition, exercise of power or want of autho rity) shall extend and be deemed to have always extended to a person acquiring title to any land or holding under the Closer Settlement Acts, or the Minister, in the course of registering any transfer, trans mission or devolution of any land or holding under the Closer Settlement Acts, as the case may require.
(3 ) The Western Lands Act of 1901, is further amended by inserting next after section 1 8G the following new section : —
18GA. Any provision in any other Act whereby a per son acquiring title to land whether by devolution or otherwise, or the Registrar-General, Crown Solicitor, or
other person registering or certifying title is protected
against notice of any matter or fact or excused from the need to enquire into any matter or fact (including satis faction of condition, exercise of power or want of authority) shall extend and be deemed to have always extended to a person acquiring title to any land or hold ing under this Act, or the Minister, in the course of registering any transfer, transmission or devolution of any land or holding under this Act, as the case may require.
(4 )
(4 ) The Returned Soldiers Settlement Act, 1916, is further amended by inserting next after section 10B the following new section :—
10c. Any provision in any other Act whereby a per
son acquiring title to land whether by devolution or '
otherwise, or the Registrar-General, Crown Solicitor,
or other person registering or certifying title is protected
against notice of any matter or fact or excused from
the need to enquire into any matter or fact (including
satisfaction of condition, exercise of power or want of
authority) shall extend and be deemed to have always
extended to a person acquiring title to any land or hold
ing under this Act, or the Minister, or in the case of a
holding within an irrigation area the Commission, in the
course of registering any transfer, transmission or devolu
tion of any land or holding under this Act, as the case
may require.
(5 ) The Prickly-pear Act, 1924, is further amended by inserting next after section twenty the following new section :—
20A. Any provision in any other Act whereby a
person acquiring title to land whether by devolution orotherwise, or the Registrar-General, Crown Solicitor, or
other person registering or certifying title is protected
against notice of any matter or fact or excused from theneed to enquire into any matter or fact (including satis faction of condition, exercise of power or want of authority) shall extend and be deemed to have always extended to a person acquiring title to any land or holding under this Act, or the Minister, in the course of registering any transfer, transmission or devolution of any land or holding under this Act, as the case may require.
( 6 )
(6 ) The Lord Howe Island Act, 1953, is amended by inserting next after section twenty-three the following new section :—
23A. Any provision in any other Act whereby a person acquiring title to land whether by devolution or otherwise, or the Registrar-General, Crown Solicitor, or other person registering or certifying title is protected against notice of any matter or fact or excused from the need to enquire into any matter or fact (including satis faction of condition, exercise of power or want of authority) shall extend and be deemed to have always extended to a person acquiring title to any land or holding under this Act, or the Minister for Lands, in the course of registering any transfer, transmission or devolution of any land or holding under this Act, as the case may require.
DAIRY
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