Crown Lands and Other Acts (Amendment) Act 1971 (NSW)
CROWN LANDS AND OTHER ACTS (AMENDMENT)
ACTS.
A N N O V I C E S I M O
ELIZABETHS II REGIN/E
Act No. 35, 1971.
| An Act to provide for the increase or fixing of the minimum annual rents for leases, permits and occupancies under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts and certain other Acts; to prescribe the minimum annual interest payment in respect of certain conditional purchases; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts, the Returned Soldiers Settlement Act, 1916, the Prickly-pear Act, 1924, | the |
the Finances Adjustment Act, 1932, and the Crown Lands and Other Acts (Amendment) Act, 1970; and for purposes connected therewith. [Assented to, 8th October, 1971.]
n E it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales inParliament 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, 1971" .
2. (1) The Crown Lands and Other Acts (Amendment)
Act, 1970, is amended by omitting section five.
(2) The Crown Lands Consolidation Act, 1913, is
amended—
(a) by omitting from the matter relating to Division 9 of Part VIII in paragraph (b) of section one the figures " 2 3 3 " and by inserting in lieu thereof the figures and letter "233A" ; (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
amounts in respect of different classes of holdings, or may prescribe the bases on which such minimum 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) by omitting from section fifty-two 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) 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 : Provided further that where before the com mencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the rent as so reduced is less than six dollars the rent shall be increased to six dollars and where after such commencement some other amount than six dollars per annum is prescribed the rent shall not be reduced to less than
that other amount."; (f) by omitting from subsection one of section seventy- four 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"; (g)
(g)
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";
(h)
(i) by omitting from subsection nine of section 75A 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";
(ii) by omitting from subsection ten 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";
(i) by omitting from subsection nine of section 75B 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";
(j)
by omitting from subsection one of section seventy- six the words "four dollars per annum" and by
annum or, where some other amount is prescribed, inserting in lieu thereof the words "six dollars per 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)
(1) by omitting from paragraph (c) of subsection one of section eighty 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";
(m) by omitting from paragraph (d) of section 82A the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount"; (n) by omitting from paragraph (e) of subsection one of section ninety-one the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount"; (o) ( i) by omitting from subsection one of section ninety-seven 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";
(ii) by omitting from subsection (1A) of the same section the words "four dollars" and by insert ing in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(p) by omitting from subsection one of section one hundred and one the words "four dollars" and by inserting in lieu thereof the words "six dollars or,
where some other amount is prescribed, such other
amount";
(q)
(i)
by omitting from subsection one of section one hundred and three 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";
(ii)
(ii) by omitting from subsection (1A) of 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";
(r) by omitting from section one hundred and seven 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";
(s)
(i) by omitting from paragraph (b) of subsection seven of section one hundred and nine 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";
(ii) by omitting from paragraph (bl) of the same subsection the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount" ;
(t) by omitting from subsection (2A) of section one hundred and thirteen the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(u) by omitting from section one hundred and twenty- two the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount"; (v) by omitting from subsection five of section 123A the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(w)
(w)
by omitting from section one hundred and twenty- seven the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(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 otherwise required by the conditions as to improve ments 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 annual rent shall not be less than six dollars or, where some other amount is prescribed, such other amount.
(y) by omitting from section 136c the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is
prescribed, such other amount"; (z) by inserting next after subsection one of section 136K the following new subsections :— (1A) Where the rent per annum payable in respect of a permissive occupancy or permission to occupy Crown lands in existence at the commence ment of the Crown Lands and Other Acts (Amend ment) Act, 1971, is four dollars, or more than
four
four dollars and less than six dollars, such rent per annum shall be increased to six dollars and where some other amount per annum is prescribed shall be that other amount per annum.
( 1B ) Where a permission to occupy Crown lands is granted after the commencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the minimum rent per annum payable in respect of any such permission shall not be less than six dollars or, where some other amount is prescribed, such other amount per annum, unless at the time of granting that permission the Minister otherwise determines. Without limiting his discretion the Minister may so determine in any case where he considers that hardship would be caused by fixing a rent per annum of an amount equivalent to the minimum rent per annum currently prescribed in pursuance of this subsection.
(aa) by omitting from the matter relating to Division 9 in the heading to Part VIII the figures "233" and by inserting in lieu thereof the figures and letter "233A";
(bb) by omitting from subsection four of section 167A 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 : Provided further that where before the com mencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the rent as so reduced is less than six dollars the rent shall be increased to six dollars and where after such commencement some other amount than six dollars per annum is prescribed the rent shall not be reduced to less than that other amount.";
(cc)
(cc) (i) by omitting from subsection six of section one hundred and eighty-three the words "four dollars." and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount.";
(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";
(iii) by omitting from subsection (6A) 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";
(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 be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(iii) by omitting from paragraph (2A) of the same
ing in lieu thereof the words "six dollars or, section the words "four dollars" and by insert where some other amount is prescribed, such
other amount";
(ee) by omitting from subsection five of section one hundred and ninety the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(ff)
(ff) by omitting from paragraph (b) of section one hundred and ninety-three 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";
(gg) by omitting from subsection eight of section 193A 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";
(hh)
(i)
by omitting from paragraph (6A) of subsection one of section one hundred and ninety-four the words ": Provided that such annual rent shall not be less than four dollars";
(ii)
by inserting next after paragraph eight of the same subsection the following new para
graph : —
(8A)
The rent payable pursuant to paragraph ( 6 A ) , ( 6B) or (8) of this subsection shall, notwithstanding any thing therein contained, be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(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 "233A" ;
(kk)
(kk) by inserting next after section two hundred and thirty-three the following new section and short heading : —
Minimum rents and license fees.
233A. Any increase in rent or license fee effected by the amendments made by the Crown Lands and Other Acts (Amendment) Act, 1971, 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 the Crown Lands and Other Acts (Amendment) Act, 1971.
(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) (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
when interest is next payable after the com mencement of the Crown Lands and Other Acts (Amendment) Act, 1971, be six dollars or, where some other amount is prescribed, such other amount.
(3 ) The Closer Settlement Act, 1904, is 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 the Crown Lands and Other Acts (Amendment) Act, 1971, is four dollars, or more than four dollars and less than six dollars, such rent per annum shall be increased to six dollars and where some other amount per annum is prescribed shall be that other amount per annum. Where any such permit to occupy is granted after the commencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the minimum rent per annum payable in respect thereof shall not be less than six dollars or, where some other amount is prescribed, such other amount per annum, unless at the time of granting that permit the Minister otherwise determines. Without limiting his discre tion the Minister may so determine in any case where he considers that hardship would be caused
to the minimum rent per annum currently prescribed by fixing a rent per annum of an amount equivalent in pursuance of this section.";
(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".
(4)
(4 ) 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 " 1 5 " and by inserting in lieu thereof the figures and letter "15B" ;
(b) by inserting at the end of subsection three of section 2A the following proviso :—
Provided that the rent shall be—
(a) the amount as above prescribed, or
(b)
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 be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(d) by inserting at the end of section 3A the following proviso :— Provided further that the rent shall be not less
than six dollars per annum or, where some other
annum. amount is prescribed, such other amount per (e) by inserting at the end of subsection five of section five the following proviso :— Provided that the rent shall be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(f)
(f)
by omitting from paragraph (a) of subsection two of section nine the words "four dollars" and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other amount";
(g)
by inserting at the end of paragraph (b) of section fifteen the following proviso :—
Provided that the rent shall be not less than six dollars per annum or, where some other amount is prescribed, such other amount per annum.
(h) by inserting next after section fifteen the following new sections :— 15A. Any increase in rent effected by the amend ments made by the Crown Lands and Other Acts (Amendment) Act, 1971, 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 the Crown Lands and Other Acts (Amendment) Act, 1971.
15B. 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 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.
(5 )
(5) The Reiurned Soldiers Settlement Act, 1916, is
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 (before or after grant) under this section, other than a lease within an irrigation area, shall, not withstanding anything in this or any other Act, 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 : —
Minimum rent for road or watercourse enclosures. 24. Where in respect of any permission to enclose a road or watercourse under this Act subsisting at the commencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the rent
is
is less than six dollars per annum such rent shall be increased to six dollars per annum and where some other amount per annum is prescribed shall be such other amount per annum.
Minimum rents.
25. Any increase in rent effected by the amend ments made by the Crown Lands and Other Acts (Amendment) Act, 1971, 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 the Crown Lands and Other Acts (Amendment) Act, 1971.
(6) The Prickly-pear Act, 1924, is amended—
(a) by omitting from subsection (3A) of section fifteen 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 : Provided further that where before the com mencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the rent as so reduced is less than six dollars the rent shall be increased
some other amount than six dollars per annum is to six dollars and where after such commencement prescribed the rent shall not be reduced to less than that other amount.";
(b )
(i)
by omitting from section seventeen the words "(not being less than four dollars per a n n u m ) " ;
(ii)
(ii) by inserting in the same section after the word
"determine" where firstly occurring the following proviso :— Provided that the rent shall 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
a n n u m ) " ;(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 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 "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 :
Provided further that where before the com mencement of the Crown Lands and Other Acts (Amendment) Act, 1971, the rent as so reduced is less than six dollars the rent shall be increased to six dollars and where after such commencement some other amount than six dollars per annum is
prescribed the rent shall not be reduced to less than
that other amount.";(e) by omitting from subsection five of section 21A the words "four dollars" wherever occurring and and by inserting in lieu thereof the words "six dollars or, where some other amount is prescribed, such other
amount"; (f)
(f)
by omitting from subsection three of section 21B 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";
(g)
by inserting next after section 21c the following new section :—
2 I D . Any increase in rent effected by the amend ments made by the Crown Lands and Other Acts (Amendment) Act, 1971, 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 the Crown Lands and Other Acts (Amendment) Act, 1971.
(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 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 rent pursuant to any such prescription shall take effect from the prescribed date.
(7 )
(7 ) The Finances Adjustment Act, 1932, is amended by omitting from subsection (3A) of section three the words "section five of the Crown Lands and Other Acts (Amend ment) Act, 1970" and by inserting in lieu thereof the words "the Crown Lands and Other Acts (Amendment) Act, 1971".
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