Crown Lands and Other Acts (Amendment) Act 1975 (NSW)
CROWN LANDS AND OTHER ACTS
(AMENDMENT) ACT.
ANNO VICESIMO QUARTO
E L I Z A B E T H E II R E G I N E Act No. 70, 1975.
An Act relating to the grant of easements over Crown lands and certain other lands; to make further provisions respecting local land boards and the sale of Crown lands by auction or tender; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, the Western Lands Act, 1901, the Closer Settlement Acts, the Returned Soldiers Settlement Act, 1916, the Prickly- pear Act, 1924, the Closer Settlement and Public Reserves Fund Act, 1970, and the Crown Lands and Other Acts (Reserves) Amendment Act, 1974; and for purposes connected therewith. [Assented to, 6th November, 1975.]
BE
| Council and Legislative Assembly of New South Wales in | BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative |
| Parliament assembled, and by the authority of the same, as follows:— |
PART I.
PRELIMINARY.
This Act may be cited as the "Crown Lands and Other Acts (Amendment) Act, 1975".
1.
(1) Except as provided in this section, this Act shall commence on the date of assent to this Act.
2.
(2) The several provisions of sections 4, 5, 6, 7 and 9 (a) (ii), (d) , (f), (h) , ( i) , (j), (p) , (q), (v), (w). (x), (y) and (z) shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(3) Section 8 shall be deemed to have commenced on
23rd March, 1964.
(4) Section 13 shall be deemed to have commenced
on 1st June, 1974.
3 . This Act is divided as follows :— PART I.—PRELIMINARY—ss. 1-3. PART II.—AMENDMENT OF ACTS—ss. 4-13.
PART HI.—SAVINGS AND TRANSITIONAL PROVISIONS—
ss. 14-16.
PART
PART II.
AMENDMENT OF ACTS.
4. ( 1 ) The Crown Lands Consolidation Act, 1 9 1 3 , is
amended—
(a)
by inserting after the matter relating to Part VA in section 1 (b) the following matter :—
PART VB.—EASEMENTS—section 136L.
(b) by inserting after Part VA the following Par t :— PART VB. EASEMENTS.
136L. ( 1 ) In this section—
"easement" includes an easement in favour of—
(a)
the Crown in right of the State or the Commonwealth; or
(b)
any public or local authority constituted by Act of Parliament,
without a dominant tenement; "holder", in relation to any lands, means the person who is registered in the books of the Department of Lands or the Western Lands Commissioner as the holder of those lands and, where that person appears to be a mortgagee, includes the person who, accord ing to those books, appears to be the mortgagor;
"prescribed
"prescribed lands" means lands vested in Her Majesty, except—
(a) lands lawfully contracted to be granted in fee simple under this or any other Act; (b) lands subject to the provisions of the Real Property Act, 1900; (c) lands comprised in a lease in per petuity granted under this or any other Act, other than the Western Lands Act, 1901; (d) lands comprised in a homestead selection; and (e) lands reserved as, or as part of, a state recreation area under section 37B.
(2) Subject to subsection (3), the Minis ter may, by notification approved by him and published in the Gazette—
(a) grant easements over prescribed lands; and
(b)
at any time that any lands having the benefit of an easement so granted are vested in Her Majesty—release the easement benefiting those lands.
(3) The Minister shall not, for the pur
poses of subsection (2) , approve a notification
unless he is satisfied—
(a)
where the notification relates to the grant of an easement over prescribed lands—that any holder of the lands at the time of the approval has consented to the grant; or
(b)
(b)
where the notification relates to the release of an easement—that any holder of the lands having the benefit of the easement at the time of the approval has consented to the release.
(4) The Minister may—
(a) impose such conditions as he thinks fit, including conditions relating to the payment of compensation to the Crown, upon the grant of an easement under this section; and (b) grant an easement under this section in such terms as he thinks fit. (5) A grant or release of an easement under this section takes effect on the date of publication of the notification of the grant or release in the Gazette or on a later date specified in the notification.
(6) The benefit of an easement granted under this section may be annexed to lands notwith standing that, at the time the easement is granted, those lands are vested in Her Majesty.
(7) An easement granted under this
section shall not be extinguished by reason that lands having the benefit of the easement or lands having the burden of the easement or both become vested in Her Majesty. (8) Sections 88A and 181A of the Con veyancing Act, 1919, apply to and in respect of a notification purporting to grant an easement under this section.
(9)
(9) Section 89 of the Conveyancing Act, 1919, applies to and in respect of an easement granted under this section.
(10) Except as provided in subsection (3), nothing in this section affects any right of a person to release an easement granted under this section.
(11) Where a notification purporting to be made under this section is published in the Gazette—
(a) it shall be presumed, in the absence of evidence to the contrary, that the notification has been approved by the Minister; and (b) it shall be conclusively presumed that subsection (3) has been complied with in relation to the approval.
(2) The Closer Settlement Act, 1904, is amended by inserting after Part IV the following Par t :—
PART IVA.
EASEMENTS.
39A. (1) In this section— "easement" includes an easement in favour of—
(a)
the Crown in right of the State or the Commonwealth; or
(b)
any public or local authority constituted by Act of Parliament,
without a dominant tenement;
"holder",
"holder", in relation to any land, means the person who is registered in the books of the Department of Lands as the holder of that land and, where that person appears to be a mortgagee, includes the person who, according to those books, appears to be the mortgagor;
"prescribed land" means land acquired under the Closer Settlement Acts, except—
(a) land lawfully contracted to be granted in fee simple; (b) land subject to the provisions of the Real Property Act, 1900; and (c) land comprised in a lease in perpetuity (whether under this or any other Act).
(2) Subject to subsection (3), the Minister may, by notification approved by him and published in the Gazette—
(a) grant easements over prescribed land; and
(b) at any time that any land having the benefit of an easement so granted is vested in Her Majesty —release the easement benefiting that land. (3) The Minister shall not, for the purposes of
subsection (2), approve a notification unless he is
satisfied— (a)
where the notification relates to the grant of an easement over prescribed land—that any holder of the land at the time of the approval has con sented to the grant; or
(b)
where the notification relates to the release of an easement—that any holder of the land having the benefit of the easement at the time of the approval has consented to the release.
(4)
(4) The Minister may—
(a) impose such conditions as he thinks fit, including conditions relating to the payment of compensa tion to the Crown, upon the grant of an easement under this section; and (b) grant an easement under this section in such terms as he thinks fit. (5) A grant or release of an easement under this section takes effect on the date of publication of the notification of the grant or release in the Gazette or on a later date specified in the notification.
(6) The benefit of an easement granted under this section may be annexed to land notwithstanding that, at the time the easement is granted, that land is vested in Her Majesty.
(7) An easement granted under this section shall not be extinguished by reason that land having the benefit of the easement or land having the burden of the easement or both become vested in Her Majesty.
(8) Sections 88A and 181A of the Convey
ancing Act, 1919, apply to and in respect of a notifica
tion purporting to grant an easement under this section. (9) Section 89 of the Conveyancing Act, 1919,
applies to and in respect of an easement granted under
this section.(10) Except as provided in subsection (3), nothing in this section affects any right of a person to release an easement granted under this section.
( 1 1 )
(11) Where a notification purporting to be made under this section is published in the Gazette—
(a) it shall be presumed, in the absence of evidence- to the contrary, that the notification has been approved by the Minister; and (b) it shall be conclusively presumed that subsection. (3) has been complied with in relation to the approval.
(3) The Closer Settlement and Public Reserves Fund Act, 1970, is amended by inserting after section 5 (g l ) the- following paragraph:—
(g2) any moneys directed by the Minister to be paid into the Closer Settlement and Public Reserves- Fund out of compensation paid pursuant to a condi tion imposed under section 136L of the Crown. Lands Consolidation Act, 1913, or section 39A of the Closer Settlement Act, 1904.
5. (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a) (i) by omitting from section 11 (1) the words
", and shall be appointed by the Governor,and shall hold their respective offices during
the pleasure of the Crown"; (ii) by inserting in section 11(1) before the words "Any member other than" the following words :—
One of the members of a local land board shall be appointed by the Governor under and subject to the Public Service Act, 1902, and shall be chairman of the board, and any other members of the board shall be appointed by the Minister.
(iii)
(iii) by omitting from section 11 (1) the following words :—
One of such members shall be the chairman, who shall be paid such salary as Parliament may sanction.
(iv) by omitting from section 11 (1) the following words :—
Every other member of the local land board shall be paid such fee for each sitting as may be prescribed.
and by inserting instead the following
words :—A member of a local land board, other than the chairman, shall be entitled to receive such expenses and, if the Minister so approves, such fees and allowances for attending meet ings and transacting business of the board as the Minister may from time to time determine in respect of that member.
(v) by inserting in section 11 (1) after the words "and the Governor" the words ", in the case of the chairman, or the Minister, in the case of a member other than the chairman,";
(vi) by omitting from section 11 (2) the word "Governor" and by inserting instead the word
"Minister";
(vii) by omitting from section 11 (3) the words "by the Governor" where firstly occurring;
(b)
(i)
by inserting in section 12 after the word "one" the word "other";
(ii)
(ii) by omitting from section 12 the words "The chairman shall give the decision of the local land board, when unanimous, in open court, but if not unanimous, the local land board shall decide by vote, retiring for that purpose if it thinks fit. The decision shall then be given by the chairman in open court, and no member shall comment upon or question such decision. Upon an appeal to the Land and Valuation Court as hereinafter provided any member of the local land board may assign in writing such reasons for his opinion as he may deem necessary, which shall be transmitted through the chairman to the Land and Valuation Court:" and by inserting instead the following words :—
A decision supported by a majority of the votes cast by the members of the local land board shall be the decision of the board. The board may retire for the purpose of reaching its decision.
A decision of the local land board shall be reduced to writing and shall be given by the chairman in open court.
(iii) by omitting from section 12 the words "Pro vided, however, that the" and by inserting instead the word "The";
(iv) by omitting from section 12 the words "or adjudication"; (v) by inserting at the end of section 12 the following subsections :— (2) Subject to subsection (4) , when a local
land board reaches a decision, each member
shall give a written statement of the reasons
assigned
assigned by him in support of his opinion or a written statement supporting the reasons assigned by another member, but two or all of the members may give a joint statement of reasons.
(3) The decision of a local land board given under subsection (1) in open court shall be accompanied by each statement required to be given under subsection (2) .
(4) Subsection (2) does not apply in relation to any prescribed class of decisions or to a chairman when acting on behalf of a local land board.
(5) In this section, "decision" includes a decision of a local land board as to an adjudication, determination, award, report or recommendation.
<c) by omitting from section 13A the words "by the
Governor";
(d)
(i)
by omitting from section 20 (1) the words "decision or recommendation" and by insert ing instead the words "adjudication, decision, determination, award, report or recom mendation";
(ii)
by omitting from section 20 (2) the words "report or recommendation" wherever occur ring and by inserting instead the word "decision";
(iii)
(iii) by omitting from section 20 (2) the words "to the Minister, whether in pursuance of a reference under section seventeen or otherwise";
(iv) by inserting after section 20 (2) the following subsection:—
(3) In subsection (2) , "decision" means adjudication, decision, determination, award, report or recommendation.
(2) The Western Lands Act, 1901, is amended—
(a)
by omitting from section 9 (3) (a) (ii) the word "Governor" and by inserting instead the word "Minister";
(b)
by omitting from section 9 (3) (e) the words "The chairman shall give the decision of the local land board, when unanimous, in open court, but if not unanimous, the local land board shall decide by vote, retiring for that purpose if it thinks fit. The decision shall then be given by the chairman in open court, and no member shall comment upon or question such decision. Upon an appeal to the Land and Valuation Court as hereinafter provided
necessary, which shah be transmitted through the any member of the local land board may assign in writing such reasons for his opinion as he may deem chairman to the Land and Valuation Court:" and
by inserting instead the following words :—The local land board may retire for the purpose of reaching its decision. A decision of the local land board shall be reduced to writing and shall be given by the chair man in open court.
(c )
(c)
by omitting from section 9 (3) (e) the words "Provided, however, that the" and by inserting instead the word "The";
(d)
by omitting from section 9 (3) (e) the words "or adjudication";
(e)
by inserting after section 9 (3) the following sub sections :—
(3A) Subject to subsection (3c), when a local land board reaches a decision, each member shall give a written statement of the reasons assigned by him in support of his opinion or a written state ment supporting the reasons assigned by another member, but two or all of the members may give a joint statement of reasons.
(3B) The decision of a local land board given under subsection (3) (e) shall be accompanied by each statement required to be given under sub section (3A).
(3c) Subsection (3A) does not apply in relation
to any prescribed class of decisions or to an Assist
ant Commissioner when acting on behalf of a local
land board. (f) by omitting from section 9 (4) the words "paid such fee for each sitting as may be prescribed" and by inserting instead the words "entitled to receive such expenses and, if the Minister so approves, such fees and allowances for attending meetings and transacting business of the board as the Minister may from time to time determine in respect of that member"; (g)
(g) by omitting from section 9 (4) the word "Governor" and by inserting instead the word
"Minister";(h) by omitting from section 9 (6) (b) the word "determination" wherever occurring and by insert
ing instead the word "decision";(i) by inserting after section 9 (6) the following sub
section :—
(7) In this section, "decision" includes a
decision of a local land board as to an adjudication,
determination, award, report or recommendation.
6. (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a) (i) by omitting from the matter relating to Part IV in section 1 (b) the words "AUCTION SALES — AFTER-AUCTION PURCHASES —
TENDER PURCHASES" and by inserting instead the words "AUCTION PURCHASES—TENDER PURCHASES—AFTER-AUCTION AND AFTER- TENDER PURCHASES" ; (ii) by omitting from the matter relating to Divi
sion 13 of Part VIII in section 1 (b) the matter "274A" and by inserting instead the matter "274B";
(b)
(b) by omitting from the heading to Part IV the words
"AUCTION SALES—AFTER-AUCTION PURCHASES —TENDER PURCHASES" and by inserting instead the
words "AUCTION PURCHASES—TENDER PURCHASES
—AFTER-AUCTION AND AFTER-TENDER PUR
CHASES";(c) by omitting section 63 and the short heading thereto and by inserting instead the following sections and short headings thereto :— Auction purchases.
63. (1) The Minister may, by notification pub lished in the Gazette, authorise the sale by auction of any Crown lands specified in the notification.
(2) Where any Crown lands are the subject of a notification under subsection (1) , the lands may be sold by public auction at such places (whether within or outside the land district in which the lands are situated), at such times and subject to such terms and conditions as the Minister determines and specifies in the notification.
Tender purchases.
published in the Gazette, authorise the sale by 63A. (1) The Minister may, by notification tender of any Crown lands specified in the notification. (2) Where any Crown lands are the sub ject of a notification under subsection (1) , the lands may be sold by tender subject to such terms and con ditions as the Minister determines and specifies in the notification.
(3)
(3) A notification under subsection (1) shall specify the period during which, and the manner in which, tenders must be lodged.
(4) The Minister may, subject to section
64D, accept any tender or may decide to accept
none of the tenders.
(d)
by omitting section 64 and the short heading thereto and by inserting instead the following section and short heading thereto :—
After-auction and after-tender purchases. 64. (1) Where Crown lands have been offered for sale by auction but not sold, the Minister may approve an application made by any person for the purchase (in this Act referred to as an "after- auction purchase") of those lands after the auction was held.
(2) Where Crown lands have been offered for sale by tender but not sold, the Minister may approve an application made by any person for the purchase (in this Act referred to as an "after-tender purchase") of those lands after the expiration of the period during which tenders must have been lodged. (3)
(3) An applicant for an after-auction purchase or after-tender purchase shall—
(a) lodge with his application a deposit in accordance with the terms and conditions specified in the notification published under section 63 or 63A in respect of the lands applied for; and (b) if the Minister approves the application, pay the balance of the purchase price in accordance with those terms and conditions.
(e) (i) by omitting the short heading to section 64A and by inserting instead the following short heading :—
Auction, tender, after-auction and after-tender purchases: conditions relating to number of
lots.
(ii) by omitting from section 64A the words "by public auction at a Government auction sale, or is granted as an after-auction purchase in pursuance of section sixty-four of this Act" and by inserting instead the words "under this Part by auction or tender or by way of after-auction purchase or after-tender purchase";
(iii) by omitting from section 64A the words "auction sale or the approval of the Minister to the after-auction purchase" and by inserting instead the word "sale";
(iv) by omitting from section 64A the words "For the purposes of this section a husband and wife not living apart under a decree for judicial separation made by any court of competent jurisdiction shall be deemed to be one person.";
(v)
P91375—29
(v) by inserting at the end of section 64A the following subsections :—
(2) For the purposes of this section—
(a) a husband and wife not living apart under a decree for judicial separation made by any court of competent jurisdiction shall be deemed to be one person; and (b) the reference to the date of the sale is a reference— (i) in the case of an auction pur chase under this Part—to the date of the auction;
(ii) in the case of a tender purchase under this Part—to the date of acceptance of the tender by the Minister; or
(iii) in the case of an after-auction purchase or after-tender pur chase—to the date of the approval of the application for
the purchase. (3) Nothing in this section affects the generality of section 63 (2) or 63A (2) .
(f)
by omitting section 64B and the short heading thereto;
(g)
(g)
by inserting before the short heading to section 65 the following sections and short headings there to :—
Auction, purchases: terms and conditions generally.
tender,
after-auction
and
after-tender
64c. (1) Every sale of lands by way of after- auction purchase or after-tender purchase shall be upon the terms and conditions specified in the notification published under section 63 or 63A in respect of those lands, except in so far as those terms and conditions are not applicable to or in relation to the after-auction purchase or after-tender purchase, as the case may be.
(2) Without affecting the generality of section 63 (2) or 63A (2), the terms and conditions referred to therein may relate to—
(a) lands to which the notification does not relate as well as to Crown lands to which it relates; (b) the reclamation and improvement of any Crown lands; (c)
subject to any other law for the time being in force, the use to be made of the lands to which the notification relates, including the
subdivision thereof and the erection of dwellings, shops or other buildings thereon; and
(d)
the provision of amenities, roads and bridges to serve the lands to which the notification relates.
(3)
(3) If a purchaser under section 63, 63A or 64 fails to comply with any term or condition applicable to the sale, or if any money payable to the Crown in accordance with any such term or condition remains unpaid for the period of three months after the day when it falls due, the Minister may declare the purchase to have lapsed, and all money paid in respect of the purchase shall thereupon become forfeited.
(4) Notwithstanding subsection (3) , the Minister may authorise the receipt of any money payable after the expiration of the period referred to therein and may waive compliance with any term or condition or grant an extension of time within which a purchaser may comply therewith.
(5) Without affecting the generality of section 63 (2) or 63A (2), the terms and conditions referred to therein may authorise deferred payments of the purchase price.
(6) Deferred payments referred to in subsection (5) shall bear interest—
(a)
in the case of an auction purchase or tender purchase—at the rate which, at the date of the publication of the notification under section 63 or 63A relating to the purchase, is the prescribed rate; or
(b) in the case of an after-auction purchase or after-tender purchase—at the rate which, at the date of the approval of the application for the purchase, is the prescribed rate. (7) The prescribed rate for the purposes
of subsection (6) is eight per centum per annum or,where some other rate is prescribed, that other rate.
Auction,
Auction,
tender, purchases: upset prices.
after-auction
and
after-tender
64D. (1) The Minister may, by instrument in writing—
(a) determine the upset price for any Crown lands; and (b) vary the upset price for those lands, but not during the currency of a contract for the sale of those lands.
(2) A notification shall not be published under section 63 or 63A in respect of any lands unless the upset price has been determined for those lands.
(3) Lands shall not be sold under section 63 or 63A for less than the upset price for those lands.
(4) Lands shall not be sold under section 64 except at the upset price for those lands.
(5) Lands shall not be sold under section
64 unless the upset price for the lands was stated
in—
(a)
the notification published under section 63 or 63A in respect of those lands; or
(b)
another notification published in the Gazette before the application for the purchase was lodged.
Auction,
Auction, tender, after-auction and after-tender
purchases: improvements.
64E. (1) The Minister shall, when determining or varying the upset price under section 64D for any Crown lands containing improvements, ensure that the upset price includes the capital value of the improvements.
(2) Notwithstanding Division 8 of Part VIII, the capital value of improvements shall, for the purposes of this section, be such amount as the Minister determines.
(3) Where Crown lands containing private improvements, or containing improvements that are the subject of tenant-right, are the subject of a notification under section 63 or 63A, the capital value of those improvements shall be stated in the notification.
(4) Where Crown lands containing
improvements referred to in subsection (3) are sold under section 63, 63A or 64, any payments received by the Crown and made by or on behalf of the purchaser on account of those improvements shall be paid to the owner of the improvements or the person having the tenant-right, as the case may be.
(5) Where it becomes necessary, for the purposes of subsection (4), to apportion the capital value of improvements between two or more persons, the apportionment shall be effected in such manner as the Minister determines. (6) Division 8 of Part VIII does not apply to or in relation to a person in his capacity as a purchaser of Crown lands sold under section 63, 63A or 64.
(7)
(7) In this section—
"capital value", in relation to improvements, has the meaning ascribed to the expression "capital value of improvements" in section 213;
"improvements" has the meaning ascribed to the
expression "improvements" in section 213;"private improvements" means improvements that are not the property of the Crown, as referred to in Division 8 of Part V I I I ;
"tenant-right" means tenant-right under Division
8 of Part V I I I .
Auction, tender, after-auction and after-tender
purchases: miscellaneous provisions.
64F. (1) Notwithstanding any other provisions of this Act (subsection (2) and Part I I IA excepted) or the Forestry Act, 1916, a notification under section 63 or 63A has the effect of revoking any classified areas, reserves under this Act or timber reserves under the Forestry Act, 1916, or parts of any such areas, reserves or timber reserves, within the boundaries of the lands to which the notification relates, unless the contrary is expressly declared by the terms of the notification.
(2) The revocation of a timber reserve is not effected by virtue of subsection (1) unless the consent thereto of the Minister administering the Forestry Act, 1916, has been obtained. (3) The Governor may execute, in con nection with a sale of lands under section 63, 63A or 64, such grants as he may consider necessary.
(4)
(4) The Minister may, by notification published in the Gazette, amend or revoke a notification under section 63 or 63A, but not after any of the lands to which the notification relates are sold.
(h) by omitting from section 65 the words "—being not less than the minimum upset price of the class of land as set forth in section sixty-three hereof in regard to auction sales—"; (i) by omitting from section 66 (1) the words "being not less than the minimum upset price of the class of land as set forth in section sixty-three hereof in regard to auction sales";
(j) by omitting from the matter relating to Division 13 in the heading to Part VIII the matter "274A" and by inserting instead the matter "274B"; (k) by omitting from the heading to Division 13 of Part VIII the matter "274A" and by inserting instead the matter "274B"; (1) by inserting after section 274A the following section and short heading thereto :—
Transfer of lands previously sold by auction, tender,
after-auction or after-tender purchase.
274B. (1) Where any lands—
(a) have been sold by auction or tender under Part IV, or by way of after-auction purchase or after-tender purchase; and (b) are not the subject of a grant in fee simple,
the lands or any part thereof may, subject to
subsection (2) , be transferred.
(2)
(2) Any lands referred to in subsection (1) may, subject to subsection (4) , only be transferred with the consent of the Minister.
(3) Where any lands—
(a) have been sold by auction or tender under Part IV, or by way of after-auction purchase or after-tender purchase; (b) were so sold subject to a condition for or in relation to the erection of a dwelling on the lands; and (c) are the subject of a grant in fee simple,
the lands or any part thereof may, subject to subsection (4) , not be transferred without the consent of the Minister.
(4) Subsections (2) and (3) do not apply to any lands or any part thereof if the Minister has certified, in the prescribed form, that those lands may be transferred without the consent of the Minister.
(5) Application for the consent of the Minister to a transfer as required by this section shall be made to the Minister in the prescribed form.
(6) No transfer for which the consent
of the Minister is required by this section shall be
effected, or if effected shall be valid, unless the
consent of the Minister has been first obtained.(7) The Minister may, in his discretion, give or refuse the consent applied for under this section.
(8) Nothing in this section applies to or affects the giving of a mortgage or the discharge of a mortgage.
(9)
(9) This section has effect notwithstand ing any conditions applicable to the lands concerned, but does not authorise the transfer of lands in contravention of a condition of the kind referred to in section 64A.
(10) The Governor may execute, in connection with lands transferred under subsection (1) , such grants as he may consider necessary.
(11) Subsection (1) applies to lands sold before, as well as after, the commencement of this section, and subsection (3) applies only to lands sold after that commencement.
(12) Where any lands referred to in subsection (2) or (3) have been sold subject to a condition for or in relation to the erection of a dwelling on the lands, it is the duty of the Minister, upon application made to him in that behalf, to issue a certificate under subsection (4) in relation to those lands if he is satisfied that the dwelling has been erected in accordance with the condition.
(13) Nothing in subsection (12)—
(a) requires the issue of a certificate under subsection (4) in relation to any lands referred to in subsection (2) if any con dition subject to which the lands were sold remains to be complied with; or (b) limits the power of the Minister to issue a certificate under subsection (4) in circum stances in which he is not required to issue the certificate.
(2)
(2) The Closer Settlement (Amendment) Act, 1909,
is amended—
(a)
by inserting after section 21A the following sec tion :—
21B. (1) Where any land—
(a)
has been sold by auction or tender under section 21 ( 6 ) ; and
(b) is not the subject of a grant in fee simple,
the land or any part thereof may, subject to
subsection (2), be transferred.(2) Any land referred to in subsection (1) may, subject to subsection (4), only be transferred with the consent of the Minister.
(3) Where any land—
(a) has been sold by auction or tender under
section 21 ( 6 ) ; (b)
was so sold subject to a condition for or in relation to the erection of a dwelling on the land; and
(c) is the subject of a grant in fee simple,
the land or any part thereof may, subject to subsec tion (4), not be transferred without the consent of
the Minister. (4) Subsections (2) and (3) do not apply to any land or any part thereof if the Minister has certified, in the prescribed form, that that land may be transferred without the consent of the Minister.
(5) Application for the consent of the Minister to a transfer as required by this section shall be made to the Minister in the prescribed form.
(6)
(6) No transfer for which the consent of the Minister is required by this section shall be effected, or if effected shall be valid, unless the consent of the Minister has been first obtained.
(7) The Minister may, in his discretion, give or refuse the consent applied for under this section.
(8) Nothing in this section applies to or affects the giving of a mortgage or the discharge of a mortgage.
(9) This section has effect notwithstanding any conditions applicable to the land concerned.
(10) The Governor may execute, in con nection with land transferred under subsection (1), such grants as he may consider necessary.
(11) Subsection (1) applies to land sold before, as well as after, the commencement of this section, and subsection (3) applies only to land sold after that commencement.
(12) Where any land referred to in subsection (2) or (3) has been sold subject to a condition for or in relation to the erection of a dwelling on the land, it is the duty of the Minister,
upon application made to him in that behalf, to issue a certificate under subsection (4) in relation to that land if he is satisfied that the dwelling has been erected in accordance with the condition. (13) Nothing in subsection (12)—
(a)
requires the issue of a certificate under subsection (4) in relation to any land referred to in subsection (2) if any con dition subject to which the land was sold remains to be complied with; or
(b)
(b)
limits the power of the Minister to issue a certificate under subsection (4) in circum stances in which he is not required to issue the certificate.
(b) by omitting from section 22 (3) the words ", and may be registered in manner prescribed by regula tions under the Conveyancing Act, 1919, as amended by subsequent Acts".
(3) The Closer Settlement (Amendment) Act, 1914, is amended by inserting after section 4 the following section :—
4A. (1) Where any land—
(a) has been sold under section 4 ; and
(b) is not the subject of a grant in fee simple,
the land or any part thereof may, subject to subsection
(2) , be transferred.(2) Any land referred to in subsection (1) may, subject to subsection (4), only be transferred with the consent of the Minister.
(3) Where any land—
(a) has been sold under section 4 ; (b)
was so sold subject to a condition for or in relation to the erection of a dwelling on the land;
and (c) is the subject of a grant in fee simple,
the land or any part thereof may, subject to subsection (4), not be transferred without the consent of the Minister.
(4) Subsections (2) and (3) do not apply to any land or any part thereof if the Minister has certified, in the prescribed form, that that land may be transferred without the consent of the Minister.
(5)
(5) Application for the consent of the Minister to a transfer as required by this section shall be made to the Minister in the prescribed form.
(6) No transfer for which the consent of the Minister is required by this section shall be effected, or if effected shall be valid, unless the consent of the Minister has been first obtained.
(7) The Minister may, in his discretion, give or refuse the consent applied for under this section.
(8) Nothing in this section applies to or affects
the giving of a mortgage or the discharge of a mortgage.(9) This section has effect notwithstanding any conditions applicable to the land concerned.
(10) The Governor may execute, in connection with land transferred under subsection (1) , such grants as he may consider necessary.
(11) Subsection (1) applies to land sold before, as well as after, the commencement of this section, and subsection (3) applies only to land sold after that commencement.
(12) Where any land referred to in subsection
(2) or (3) has been sold subject to a condition for or in
relation to the erection of a dwelling on the land, it is the duty of the Minister, upon application made to him in that behalf, to issue a certificate under subsection (4) in relation to that land if he is satisfied that the dwelling has been erected in accordance with the condition.
(13) Nothing in subsection (12)—
(a)
requires the issue of a certificate under subsection (4) in relation to any land referred to in sub section (2) if any condition subject to which the land was sold remains to be complied with; or
(b)
(b)
limits the power of the Minister to issue a certifi cate under subsection (4) in circumstances in which he is not required to issue the certificate.
7. (1) The Crown Lands Consolidation Act, 1913, is urther amended by omitting from section 180 the words "in he Eastern or Central Division".
(2) The Western Lands Act, 1901, is further amended
by omitting from section 20 the words "or the Crown Lands
Acts".
8. (1) The Crown Lands Consolidation Act, 1913, is
further amended—
(a) (i) by omitting from section 235 (4) the word "covenant" and by inserting instead the word "condition";
(ii) by inserting at the end of section 235 (4) the following paragraph:—
A condition attached to a Crown grant in
accordance with this subsection has effect
according to its tenor.
(b) (i) by omitting from section 235c the word "covenant" wherever occurring and by insert ing instead the word "condition";
(ii)
(ii) by inserting at the end of section 235c the following paragraph:—
A condition attached to a sale or lease or permissive occupancy or homestead selection in accordance with this section has effect according to its tenor.
(2) The Returned Soldiers Settlement Act, 1916, is
amended—
(a) (i) by omitting from section 22 (3) the word "covenant" and by inserting instead the word "condition";
(ii) by inserting at the end of section 22 (3) the following paragraph :—
A condition attached to a Crown grant in accordance with this subsection has effect according to its tenor.
(b) (i) by omitting from section 23 the word
"covenant" wherever occurring and by
inserting instead the word "condition"; (ii) by inserting at the end of section 23 the following paragraph :— A condition attached to a sale or lease in accordance with this section has effect according to its tenor.
The Crown Lands Consolidation Act, 1913, is further
amended—
(a) (i) by inserting after the definition of "Suburban holding" in section 5 (1) the following definition :—
"Under Secretary" means the person for the time being holding office or acting as the Under Secretary of the Department of Lands.
(ii) by inserting after the definition of "Vacant land" in section 5 (1) the following definition :—
"Vacant public lands" means Crown lands or lands granted, reserved or dedicated for public purposes, but does not in clude lands held under any lease or license from the Crown or the trustees of any such lands.
(b)
by inserting in section 10 after the words "the Governor may" the words ", under and subject to the Public Service Act, 1902,";
(c)
by omitting from section 18 the words "Under- Secretary for Lands" and by inserting instead the words "Under Secretary";
(d)
(d)
by inserting after section 59 (3c) the following subsection :—
(3CA) For the purposes of subsection (3c) , a husband and wife not living apart under a decree for judicial separation made by any court of competent jurisdiction shall be deemed to be one person.
(e) (i) by omitting from section 62 (2) the words ", and shall not be less than at the rate of $39.50 per hectare for town lands, or $12.35 per hectare for suburban or other lands, or $12.35 for any area less than 1 hectare";
(ii) by omitting from section 62 (3) the words
and for the purposes of this section improve
ments of value equal to the respectiveminimum prices aforesaid shall be sufficient";
(f)
by omitting from paragraph (b) of the proviso to section 65 the words "for four consecutive weeks" and by inserting instead the words "not less than four weeks";
(g)
by inserting in section 66 (2) (b) after the word "or" where firstly occurring the words "to or";
(h)
by omitting from section 68 (4) the words "for four consecutive weeks" and by inserting instead the words "not less than four weeks";
(i)
(i) ( i) by omitting from section 69A the word "Governor" and by inserting instead the word "Minister";
(ii) by omitting from section 69A the words "and be deemed always to have had power";
(iii) by omitting from section 69A the words "grants, other assurances and instruments" and by inserting instead the words "instruments (other than grants of lands so so ld)" ;
(iv) by inserting at the end of section 69A the following subsection :—
(2) The Governor may execute, in connec tion with a sale of lands under subsection ( 1 ) , such grants as may be considered necessary.
(j)
(i)
by omitting from section 74 (1) the words "for four consecutive weeks and not less than four times" and by inserting instead the word "and";
(ii) by inserting in section 74 (1) after the words "if any," the words "not less than four weeks"; (iii) by inserting after section 74 (3) the following subsection :—
(4) At any time before the expiration of the four weeks mentioned in subsection (1 ) , any person feeling aggrieved may lodge a complaint setting forth objections against the issue of a lease under this section, and those objections shall be duly heard and determined before the lease is issued.
(k)
by omitting from section 75A (4) the words "land the subject of any such application is wholly or in part within a travelling stock reserve camping reserve or water reserve, or" and by inserting instead the words "whole or part of the land the subject of any such application";
(1) ( i ) by omitting section 75B ( 4 ) ;
(ii) by omitting from section 75B (12) the word "four,"; (m) by omitting section 81 ( 4 ) ; (n ) by omitting section 93 (5 ) ; (o) by omitting section 123 ( 3 ) ; (p) by inserting after section 125 (1B) the following subsection :— ( l c ) For the purposes of subsection ( 1 B ) , a husband and wife not living apart under a decree for judicial separation made by any court of competent jurisdiction shall be deemed to be one person.
(q)
(q)
by inserting after section 136B (1B) the following subsection :—
( l c ) For the purposes of subsection ( 1 B ) , a husband and wife not living apart under a decree for judicial separation made by any court of competent jurisdiction shall be deemed to be one person.
( r ) by omitting section 136G ( 1 ) ; (s) by omitting from section 166 the words "Under- Secretary for Lands" and by inserting instead the words "Under Secretary"; (t) by omitting from section 190 (4) the words "land is wholly or in part within a travelling stock reserve camping reserve or water reserve, or is land" and by inserting instead the words "whole or part of the land is";
(u)
by inserting after section 217 the following section and short heading thereto :—
Capital or rental value of Crown improvements on
certain special leases let by tender.
217A. (1 ) Where the Minister calls, by notification published in the Gazette, for tenders for the lease under section 75 of any Crown lands containing improvements which are the property of the Crown, the Minister may, by the notification, require any person lodging a tender for the lease to state in the tender an amount which he is prepared
to
to pay for the annual rent or purchase price of the improvements and, if that person states an amount for the purchase price, to state the term over which the purchase price is to be paid.
(2 ) Where a tender which states an amount for the annual rent or purchase price of improvements, as required under subsection ( 1 ) , is accepted by the Minister—
(a) the annual rent, or the purchase price and the term over which the purchase price is to be paid, shall be as stated in the tender; (b) the purchase price (if any) of the improve ments shall bear interest at the rate fixed by the Minister and specified in the notification calling for tenders; and (c) sections 215 (1) and 216 (1) do not apply to or in respect of the improvements. (3 ) A person who is paying an annual rent for improvements tendered in accordance with subsection (1 ) may, at any time after acceptance of his tender, apply to the Minister to pay the capital value of the improvements instead of the rent as tendered, and if the Minister approves the applica tion the capital value of the improvements shall be determined in accordance with section 215 and payable in accordance with section 216.
(4) Where a person who is paying an annual rent for improvements tendered in accordance with subsection (1 ) applies under section 190 to convert the holding on which the improvements are situated, he shall become liable to pay the capital value of the improvements as an incoming tenant of the tenure into which the conversion is made.
(5 ) A tender referred to in this section
shall not be accepted if the person lodging the tenderstates as the term over which the purchase price of
the
the improvements is to be paid a period that exceeds: the maximum period specified in that behalf in the notification or, where the maximum term is not so specified, that exceeds the term of the lease.
(6 ) A lease referred to in this section shall be liable to be forfeited if the improvements are not maintained in a reasonably good condition during the currency of the lease, but the lessee shall not be compelled to make good any damage caused by fire, flood or other inevitable accident.
(v)
(i)
by inserting in the short heading to section 231 after the word "leases" the words "or purchases";
(ii)
by inserting in section 231 after the word "lease" where firstly occurring the words "or purchase";
(iii) by inserting in section 231 after the word
"Act" the words other than a lease or purchase of land within an irrigation area,"; (iv)
by inserting in section 231 after the word "lease" where secondly occurring the words
"or purchase under this Act of land"; (v)
by inserting at the end of section 231 the following subsection :—
(2) A surrender under this section does not operate to extinguish any debt to the Crown relating to the lease or purchase surrendered, except to the extent to which the Minister otherwise directs (which direction the Minister is hereby authorised to give).
(w)
(w) by inserting after section 233 (1) the following
subsection : — (1A ) A withdrawal under this section does not operate to extinguish any debt to the Crown relating to the lands withdrawn, except to the extent to which the Minister otherwise directs (which direction the Minister is hereby authorised to give).
(x) by inserting after section 244 the following sections and short headings thereto : —
Evidence—Certificate as to status of lands.
244A. (1 ) A certificate signed by the Under Secretary certifying—
(a)
that any lands described or referred to in the certificate were Crown lands within the meaning of this Act at any time or during any period specified in the certificate;
(b)
that any lands so described or referred to were granted, reserved or dedicated for any public purpose on a day so specified and that the grant, reservation or dedication remained in force as at a time or during a period so specified; or
(c)
that any lands so described or referred to were not the subject of a lease or license at any time or during any period so specified,
is admissible in any legal proceedings (whether under this Act or otherwise) and shall be prima
facie evidence of the matters so certified.(2 ) Where the court before which any legal proceedings are brought is satisfied that the proceedings were brought wholly or partly for the purpose of determining title to land, a certificate under subsection (1) is not admissible in those proceedings.
(3 )
(3) Nothing in this section authorises a court to determine any matter that, had this section not been enacted, it would not have been authorised to determine.
Evidence—Certificate as to authorised persons.
244B . A certificate signed by the Under Secretary certifying that a person specified in the certificate was, at a time or during a period so specified, an authorised person within the meaning of section 254c or 254D is admissible in any proceedings under this Act and shall be prima facie evidence of the matters so certified.
(y)
by omitting section 254 and the short heading thereto and by inserting instead the following sections and short headings thereto : —
Offences on Crown lands or dedicated lands.
254. (1 ) In this section—
"public lands" means any Crown lands or lands
granted, reserved or dedicated for any public
purpose; (a) any building;
(b) any post, pile, stake, pipe, chain, wire or any other thing, that is fixed to the soil or to anything fixed to the soil; and "structure" includes—
(c)
(c)
any works for the reclamation of lands that are or are at any time liable to be, or would, but for the reclamation, be or be at any time liable to be, covered wholly or partly by water.
(2 ) A person shall not, without lawful
authority—
(a) reside on any public lands;
(b) erect any structure on any public lands;
(c) depasture stock on any public lands;
(d) drive stock on any public lands;(e) clear, dig up or cultivate any public lands;
(f)
enclose any public lands (other than a road or watercourse) ;
(g)
fail to pay any rent due and payable in respect of the actual enclosure of any public lands comprised in a road or watercourse;
(h)
remove, or cause to be removed, from any public lands, or cut, dig up, disturb, displace, stack, heap or in any other way
interfere with, any tree, timber, turf, stone, clay, shells, earth, sand, gravel or any thing of whatever kind, whether growing on or in, or being in, on or under or forming part of,
any public lands; or(i) deposit or cause to be deposited, or leave or cause to be left, on any public lands—
(i) any rubbish, Utter, refuse, dead animal, filth or other similar matter; or
(ii)
(ii) any matter of a prescribed class or description, whether or not of a kind referred to in subparagraph ( i ) ,
except in a place or receptacle provided for
the purpose.
Penalty : $100 for the first offence, $200 for the second offence and $1,000 for any subsequent offence.
(3 ) The Minister may cause a notice to be served on a person prohibiting him from making use, without lawful authority, of any structure erected on any public lands.
(4 ) A person on whom a notice is served under subsection (3) shall not, without lawful authority, make use of a structure to which the notice relates after the expiration of the period specified in the notice.
Penalty : $200.
(5 ) In addition to any penalty imposed
for an offence arising under this section, a person
by way of compensation as the court before which guilty of the offence is liable to pay such sum the person is convicted may order. (6 ) Any sum ordered to be paid under subsection (5) shall be paid by the offender to the clerk of the court, to be by him paid to the Under Secretary.
(7 )
(7 ) Any order under subsection (5) shall be deemed to be a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Justices Act, 1902.
(8) Where any proceedings are taken against a person for an offence arising under this section and the court before which the proceedings are brought is not satisfied that he is guilty of the offence, but is satisfied that he is guilty of an attempt to commit the offence, the court may acquit him of the offence charged and find him guilty of attempting to commit the offence, and he is liable to the same penalty as if he had been found guilty of the offence.
(9 ) Nothing in this section affects any other provision of this or any other Act, so far as that provision would, but for this section, have effect in relation to a reserve within the meaning of section 37M , or of any by-laws applying to such a reserve, but a person is not liable to be punished twice for an act or omission that constitutes an offence both under this section and any other such provision.
(10) By-laws applying to a reserve within
the meaning of section 37M may contain provisionshaving the effect of authorising any act or omission
that would, but for the by-laws and this subsection, constitute an offence arising under this section, but nothing in this subsection authorises the making of by-laws that could not be made if this section were not in force. (11) In proceedings for an offence arising under this section, the defendant has the onus of proving lawful authority in relation to the act or omission giving rise to the alleged offence.
Removal
Removal of unauthorised structures from Crown
lands or dedicated lands.
254A. ( 1 ) In this section—
"public lands" means any Crown lands or lands
granted, reserved or dedicated for any public
purpose;
"structure" includes—
(a) any building;
(b) any post, pile, stake, pipe, chain, wire or any other thing, that is fixed to the soil or to anything fixed to the soil; and (c) any works for the reclamation of lands that are or are at any time liable to be, or would, but for the reclamation, be or be at any time liable to be, covered wholly or partly by water.
(2) The Minister may cause or authorise any structure erected without lawful authority on public lands to be removed, together with the con tents of the structure.
(3 ) If a notice requiring any person who
claims to have authority to erect, maintain or use a structure erected on any public lands, or any part of the structure, or any person who claims any interest in the structure, to deliver to the Minister a statement in writing signed by that person stating by what authority he erected or is entitled to
maintain
maintain or use the structure or part or by what authority he claims any interest in the structure, i s—
(a) displayed for a period of one month on or adjacent to the structure; or (b) published in a local newspaper or such other newspaper (if any) as the Minister may determine, any person who, within one month after the expira tion of that period or within one month after publication of that notice, fails to deliver such a statement to the Minister shall have no claim against the Minister or any other person removing the structure or contents in accordance with sub
section ( 2 ) . (4) The Minister may at his option cause or authorise any structure or part thereof or the contents thereof removed in accordance with subsection (2) to be destroyed or sold, or stored (and, if stored, then destroyed or sold), or may sell the structure or contents on condition that it or they be removed, and may recover in any court of competent jurisdiction the expenses incurred in the removal, destruction, sale or storage of the structure or part thereof or the contents thereof from the person who—
(a) erected the structure or caused it to be erected; or (b) has made use of the structure after—
(i) if a notice was served on him under section 254 (3) in respect of the structure—the expiration of the period specified in the notice; or
(ii)
(ii) if a notice was displayed under sub section (3 ) in respect of the structure—the expiration of the period of one month for which it was so displayed,
or both.
(5 ) Subsection (4) (b) (ii) does not apply in relation to a person unless it is established that he knew of, or ought reasonably to have known of, the notice.
Vehicles on vacant public lands.
254B. (1) In this section, "vehicle" includes—
(a)
a motor car, motor carriage, motor cycle or other apparatus propelled on land, snow or ice wholly or partly by volatile spirit, steam, gas, oil or electricity;
(b)
a boat or other object that, while floating on water or submerged, whether wholly or partly, under water, is wholly or partly used for the conveyance of persons or things;
(c)
an apparatus that, while propelled in the air by human or mechanical power or by the wind, is wholly or partly used for the conveyance of persons or things;
(d)
an apparatus propelled upon land, snow or ice by human or animal power or by the wind; and
(e)
a trailer or caravan, whether or not it is in the course of being towed.
(2)
(2 ) The Minister may give such direc tions as to the bringing of vehicles into, and the use and parking of vehicles in, any vacant public lands as he thinks fit, and any such direction—
(a) may be limited as to time, place or subject- matter; and (b) may be varied or revoked by the Minister. (3) A direction given pursuant to sub section (2) shall have effect only while there is erected or displayed upon or near, or marked upon, the lands to which the direction relates a sign that is notice of the direction.
(4 ) The direction appearing upon a sign that is erected or displayed upon or near, or marked upon, any vacant public lands with the authority of the Minister shall be deemed to be a direction, for the time being in force, given pursuant to subsection (2) in relation to those lands, and the sign shall, for the purposes of subsection ( 3 ) , be deemed to be notice of that direction.
(5) A person shall not contravene or fail
to comply with a direction having effect under this
section. Penalty : S200.
(6 ) A person shall not interfere with, alter or remove any sign erected or displayed with the authority of the Minister upon or near, or marked with that authority upon, any vacant public lands.
Penalty : $200.
(7 )
(7 ) Nothing in this section affects any other provision of this or any other Act, so far as that provision would, but for this section, have effect in relation to vehicles on vacant public lands, or any by-laws applying to any vacant public lands.
(8) An allegation, in an information in respect of an offence arising under this section, that a sign was erected, displayed or marked with the authority of the Minister or his delegate, or that a sign was interfered with, altered or removed without the authority of the Minister Or his delegate, shall be accepted by the court as evidence of the truth of the allegation, unless the defendant proves to the contrary.
Impounding of animals.
254c. (1) In this section, "authorised person" means—
(a) any member of the Police Force;
(b)
any person holding an office, position or rank prescribed for the purposes of this section; or
(c)
any person authorised by the Minister for the purposes of this section.
(2) For the purposes of—
(a)
the Impounding Act, 1898, sections 44, 45 and 46 excepted; and
( b )
p 91375—30
(b)
Part XVIII of the Local Government Act, 1919, sections 438 and 439 excepted,
the Minister shall be deemed to be the occupant
of vacant public lands.(3 ) An authorised person may exercise any power conferred on the Minister by virtue of this section.
(4) An authorised person may, on behalf of the Minister, take proceedings in any court of competent jurisdiction for the trespass committed on the vacant public lands by animals impounded by virtue of this section.
(5) For the purposes of subsection ( 4 ) , the Minister shall be deemed to be in exclusive possession of vacant public lands.
(6) Nothing in this section prevents the laying of any information for an offence arising under section 254 or affects any proceedings for such an offence.
Requirement to state name and address.
254D . (1) In this section—
"authorised person" means—
(a) any member of the Police Force;
(b)
any person holding an office, posi tion or rank prescribed for the purposes of this section; or
(c)
(c)
any person authorised by the Minister for the purposes of this section;
"motor vehicle" means a motor car, motor carriage, motor cycle or other apparatus propelled wholly or partly by volatile spirit, steam, gas, oil or electricity.
(2) An authorised person may require a person whom he suspects on reasonable grounds to be offending against this Act, the regulations or the by-laws to state his full name and his place of abode.
(3 ) An authorised person may require the driver of a motor vehicle on vacant public lands to produce his driver's licence and to state his full name and his place of abode.
(4) A person shall not—
(a)
fail or refuse to comply with a requirement under subsection (2) or ( 3 ) ; or
(b)
in purported compliance with such a requirement, state a name that is not his name or a place of abode that is not his place of abode.
Penalty for an offence against this subsection :
$200.
(z)
(i)
by omitting from section 255A the words "the War Service Land Settlement and Closer Settlement (Amendment) Act, 1951," and by inserting instead the words "section 9 (z) of the Crown Lands and Other Acts (Amend ment) Act, 1975,";
(ii)
(ii) by omitting from section 255A the words "as provided by section two hundred and fifty-four or two hundred and fifty-five of this Act" and by inserting instead the words "by the Minister as provided by section 254c, 254D or 255";
(aa ) by omitting from section 274A the words "to a
qualified person".
10. The Prickly-pear Act, 1924, is amended—
(a ) (i) by omitting from section 9 the words "forty dollars" and by inserting instead the matter
"$100";(ii)
by omitting from section 9 the words "one hundred dollars" and by inserting instead the matter "$200";
(b ) (i) by omitting from section 11 (4) the words "twenty dollars" and by inserting instead the
matter "$100";(ii)
by omitting from section 11 (4) the words "one hundred dollars" and by inserting instead
the matter "$200"; (iii) by omitting from section 11 (4) the word "second" and by inserting instead the word "subsequent";
(c)
by omitting from section 29 the words "twenty dollars" and by inserting instead the matter "$100";
(d)
(d)
by omitting from section 31 the words "forty dollars" and by inserting instead the matter "$100";
(e)
by omitting from section 32 the words "forty dollars" and by inserting instead the matter "$100";
(f)
by omitting from section 34 (2) the words "twenty dollars" and by inserting instead the matter "$100".
11. The Closer Settlement Amendment (Conversion) Act, 1943, is amended by omitting section 12 ( 2 ) .
12. The Closer Settlement and Public Reserves Fund Act,
1970, is further amended by inserting after section 5 (h) the
following paragraph :—
(i) any other moneys that have been received by or on behalf of the State or the Minister for the purchase or acquisition of land for a public reserve, or for the maintenance, improvement or development of a
public reserve, and whose payment into the Closer Settlement and Public Reserves Fund has been approved by the Treasurer.
13. The Crown Lands and Other Acts (Reserves) Amendment Act, 1974, is amended by omitting from section 10 (a ) the words "after the words 'of this Act, ' where secondly occurring" and by inserting instead the words "before
| the word | ' and ' " . |
P A R T
P A R T III.
SAVINGS AND TRANSITIONAL PROVISIONS.
14. (1 ) A person holding office under section 11 of the
Crown Lands Consolidation Act, 1913, immediately before the commencement of section 5 ( 1 ) , as—
(a)
the chairman of a local land board—shall be deemed to have been appointed as such by the Governor ; or
(b)
a member of a local land board, other than the chairman—shall be deemed to have been appointed as such by the Minister,
under section 11 of that Act, as amended by section 5 ( 1 ) .
(2 ) A person holding office under section 9 of the Western Lands Act, 1901, immediately before the commence ment of section 5 ( 2 ) , as an appointed member of a local land board shall be deemed to have been appointed as such under section 9 of that Act, as amended by section 5 ( 2 ) .
(3 ) A reference in section 20 (2) and (3) of the Crown Lands Consolidation Act, 1913, as amended by section 5 ( 1 ) ( d ) , to a decision made by a local land board or chairman or special land board includes a reference to a decision made by such a board or chairman before, as well as
after, the commencement of section 5 (1) ( d ) . 15. ( 1 ) Lands sold before the commencement of section
6 ( 1 ) —
(a)
by auction under section 63 of the Crown Lands Consolidation Act, 1913, shall be deemed to have been sold by auction under section 63 of that Act, as amended by section 6 ( 1 ) ;
(b)
(b)
by tender under section 64B of that Act shall be deemed to have been sold by tender under section
63A of that Act, as amended by section 6 ( 1 ) ; or
(c) by way of after-auction purchase under section 64 of that Act shall be deemed to have been sold by way of after-auction purchase under section 64 of that Act, as amended by section 6 ( 1 ) ,
and any term or condition (including a term or condition of the kind referred to in section 64A of that Act) applicable to those lands immediately before that commencement continues in force accordingly.
(2) A notification published under section 63 (1) of the Crown Lands Consolidation Act, 1913, before the commencement of section 6 ( 1 ) , shall be deemed to be a notification published under section 63 of that Act, as amended by section 6 ( 1 ) .
(3) An application for an after-auction purchase made under section 64 of the Crown Lands Consolidation Act, 1913, before the commencement of section 6 ( 1 ) and pending immediately before that commencement, shall be deemed to be an application for an after-auction purchase
| made under section 64 of that Act, as amended by section 6 | ( 1 ) . |
| (4) Notwithstanding anything in this section, the rate at which interest is payable on deferred payments of the purchase price in respect of lands referred to in subsection ( 1 ) , or lands sold in consequence of a notification referred to in subsection ( 2 ) , is the rate at which interest would have been payable had section 6 ( 1 ) not been enacted. |
16. Anything done, before the commencement of section
7, under section 20 of the Western Lands Act, 1901, in relation to rent or other moneys due under the Crown Lands Acts shall be deemed to have been done under section 180 of the Crown Lands Consolidation Act, 1913, as amended by
section 7 ( 1 ) .
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