Crown Lands, Closer Settlement and Returned Soldiers Settlement (Amendment) Act 1935 (NSW)
CROWN LANDS, CLOSER SETTLE
MENT AND RETURNED SOLDIERS SETTLEMENT
(AMENDMENT) ACT.
Act No. 6, 1935.
An Act to amend the Crown Lands Consolidation Act, 1913, and certain other Acts in certain respects; to validate certain transfers of Returned Soldiers' Special Holdings; and for purposes connected therewith. [Assented
to, 26th February, 1935.]
| BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis | lative 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, Closer Settlement and Returned Soldiers Settlement (Amendment) Act, 1935." | ||
| 2 . The enactments mentioned in the Schedule to this Act are, to the extent therein indicated, hereby repealed. | ||
|
(2) The Crown Lands Consolidation Act, 1913, is
amended as follows:—
(a) by omitting subsection eight of section sixty- three and by inserting in lieu thereof the follow ing subsection:— (8) Where a person has prior to the com mencement of the Crown Lands (Amendment) Act, 1932, become the purchaser of any area of land under this section and either before or after the commencement of the said Act the purchase of such area is declared to have lapsed, the Minister may, upon the prescribed applica tion, direct that the whole or part of any moneys paid in respect of such purchase, whether the same have become forfeited or not, shall bo credited or applied as payment in respect of the purchase by such person, or by any member of the family of such person, of any other area under this section or of any area under section sixty-four of this Act; and where such direction has been given the whole or part of such moneys shall be credited or applied accordingly.
In this subsection the expression " member of the family of such person ' ' shall include such person's father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law, daughter-in- law, step-father, step-mother, step-brother, step sister, step-son and step-daughter.
(b)
after the words " purchase of any other area " and by inserting in lieu thereof the following by omitting from section sixty-four all words
words:—
Where a person has, prior to the commence ment of the Crown Lands (Amendment) Act, 1932, become the purchaser of any area of land under this section and either before or after the commencement of the said Act the purchase of such area is declared to have lapsed, the Minis ter may, upon the prescribed application, direct that the whole or part of any moneys paid in
respect
respect of such purchase, whether the same have become forfeited or not, shall be credited or applied as payment in respect of the purchase by such person, or by any member of the family of such person, of any other a rea under this section or of any a rea under section sixty-three of th is Ac t ; and where such direction has been given the whole or p a r t of such moneys shall be credi ted or applied accordingly.
In this section the expression " member of the family of such person " shall include such pe r son ' s father-in-law, mother-in-law, bro ther - in-law, sister-in-law, son-in-law, daughter-in-law, s tep-father , s tep-mother, s tep-brother , s tep
sister , step-son and s tep-daughter . (c)
by omitting section one hundred and seventy- nine and the shor t heading thereto and by inser t ing in lieu thereof the following shor t heading and new section :—
Postponement of payment of instalments and
interest on purchases.
179. (1) The Minis ter may postpone, condi t ionally or unconditionally, the payment of one or more ins ta lments in respect of any purchase under the Crown Lands Acts, if satisfied of the inabil i ty of the holder to p a y such ins ta lments on the due date , i r respect ive of whether such
payable af ter the commencement of the Crown ins ta lments became payable before or become Lands (Amendment) Act, 1932. W h e r e any such postponement is gran ted , in te res t a t the r a t e payable in respect of the purchase to the said due date shall, if the Minis t e r so directs , be added to the amount owing in respect of the purchase , and if such ins ta lments be subsequently paid, the amount owing in respect of the purchase shall be reduced by the amount so paid.
B W h e r e Where the Minister does not direct that such interest shall be added to the amount owing in respect of the purchase, the interest so postponed shall, unless paid, be and remain a separate non- interest bearing debt in respect of the purchase payable at the end of the term of the purchase.
In the application of this subsection to purchases other than conditional purchases, an instalment shall be deemed to include the instal ment of principal and the amount of interest clue or owing on the purchase on the due date of the instalment of principal.
(2) Subject to the approval of the Minister interest only in respect of any such purchase may be paid in lieu of instalments for such periods and subject to such conditions as the Minister may determine and irrespective of whether the instalments became payable before or become payable after the commencement of the Crown Lands (Amendment) Act, 1932.
Subject to the provisions of section three of the Crown Lands (Amendment) Act, 1932, such interest shall be charged at the rate payable in respect of the purchase and shall be paid annually on the date upon which the instalment would otherwise have been payable.
(3) Where interest only is payable
yearly in respect of any such purchase the
Minister may postpone conditionally or uncon ditionally one or more of such interest payments if satisfied of the inability of the holder to pay such interest on the due date, irrespective of whether such interest became payable before or becomes payable after the commencement of the Crown Lands (Amendment) Act, 1932. Where any such postponement is granted, the amount of such interest shall, if the Minister so directs, be added to the amount owing in respect of the purchase as at the due date for payment
of
of such interest, and if such interest be subse quently paid, the amount owing in respect of the purchase shall be reduced by the amount so paid.
Where the Minister does not direct that the amount of such interest shall be added to the amount owing in respect of the purchase, the interest so postponed shall, unless paid, be and remain a separate non-interest bearing debt in respect of the purchase payable at the end of the term of the purchase.
(4) Any postponement granted in pur suance of the section which this section replaces before the commencement of the Crown Lands (Amendment) Act, 1932, or granted in pursu ance of this section may at any time be modified or revoked by the Minister at his discretion.
(d) (i) by omitting from section one hundred and eighty the words " and if the conditions so imposed or any of them are or is not duly performed the concession granted by the Minister shall cease to operate " ;
(ii) by omitting from the same section the words " remit the payment of such interest wholly or in part " and by inserting in lieu thereof the words " direct that the whole or part of such interest shall not be charged, irre spective of whether such interest accrued clue before or accrues due after the com
mencement of the Crown Lands (Amend
ment) Act, 1932.No refund shall be made as a consequence of any such direction."
(iii) by inserting at the end of the same section the following paragraph:—
Any deferment granted or remission or direction made in pursuance of this section whether before or after the commencement of the Crown Lands (Amendment) Act, 1932, may at any time be modified or revoked by the Minister at his discretion.
(e)
(e) (i) by inserting in subsection one of section two hundred and sixteen after the words " after the commencement of the Crown Lands (Amendment) Act, 1932," the words " and interest in any such case shall be charged only as from the expiration of three years from that date " ;
(ii) by omitting from the same subsection the words " Where an applicant for a holding has, prior to the commencement of the Crown Lands (Amendment) Act, 1932, exercised his option of payment by instal ments and the value of the improvements exceeds three hundred pounds, he may on the prescribed application have the terms of payment of the balance of such value varied so as to provide for payment by equal yearly instalments over an additional period not exceeding ten years, together with interest at the rate of four per centum per annum" and by inserting in lieu thereof the words " Where at the commencement of the Crown Lands (Amendment) Act, 1932, the holder of one or more of such holdings as are referred to in this subsec tion is liable for payment for improvements to the Crown, and the total value of such improvements exceeds three hundred pounds, he may, on the prescribed applica
tion, have the terms of payment of the balance of the value of the improvements in respect of each of the holdings so held varied, so as to provide for payment by equal yearly instalments over an additional period not exceeding ten years, together with interest at the rate of four per centum per annum.
(f)
by omitting from section two hundred and seventy-eight the words "remit the payment of such interest wholly or in part or may grant an extension of time for the payment of all or any
part
part of such interest " and by inserting in lieu thereof the words " irrespective of whether such interest accrued due before or accrues due after the commencement of the Crown Lands (Amend ment) Act, 1932—
(a) direct that the whole or part of such interest shall not be charged; or (b) grant an extension of time for the pay ment of all or any part of such interest; or (e) remit the payment of such interest wholly or in part.
No refund shall bo made as a consequence of any such direction."
(3) The Closer Settlement Act, 1904, is amended
as follows:—
(a)
by omitting subsection two of section twenty- nine;
(b)
by inserting next after section twenty-nine the following short heading and new section:—
Postponement of payment of instalments of interest on purchases.
tionally or unconditionally, the payment of one 29A. (1) The Minister may postpone, condi or more instalments owing in respect of any purchase under the Closer Settlement Acts, if satisfied of the inability of the holder to pay such instalments on the due date, irrespective of whether such instalments became payable before or become payable after the commencement of the Crown Lands (Amendment; Act, 1932.
Where any such postponement is granted, interest at the rate payable in respect of the purchase to the said due date shall, if the Minis ter so directs, be added to the amount owing in
respect
respect of the purchase, and if such instalments be subsequently paid, the amount owing in respect of the purchase shall be reduced by the amount so paid.
Where the Minister does not direct that such interest shall be added to the amount owing in respect of the purchase, the interest so post poned shall, unless paid, be and remain a separate non-interest bearing debt in respect of the purchase payable at the end of the term of the purchase.
In the application of this subsection to pur chases other than settlement purchases an in stalment shall be deemed to include the instal ment of principal and the amount of interest due or owing on the purchase on the clue date of the instalment of principal.
(2) Subject to the approval of the Minister interest only in respect of any such purchase may be paid in lieu of instalments of purchase money for such periods and subject to such conditions as the Minister may determine, and irrespective of whether the instalments became payable before or become payable after the commencement of the Crown Lands (Amend ment) Act, 1932.
Subject to the provisions of section three of the Crown Lands (Amendment) Act, 1932, such
interest shall be charged at the rate payable inrespect of the purchase and shall be paid annually on the date upon which the instalment of purchase money would otherwise have been livable.
(3) Where interest only is payable yearly in respect of any such purchase the Minister may postpone conditionally or uncon ditionally one or more of such interest payments if satisfied of the inability of the holder to pay such interest on the due date, irrespective of
whether
whether such interest became payable before or becomes payable after the commencement of the Crown Lands (Amendment) Act, 1932.
"Where any such postponement is granted, the amount of such interest shall, if the Minister so directs, be added to the amount owing in respect of the purchase as at the due date for payment of such interest, and if such interest be subse quently paid, the amount owing in respect of the purchase shall be reduced by the amount so paid.
Where the Minister does not direct that the amount of such interest shall be added to the amount owing in respect of the purchase, the interest so postponed shall, unless paid, be and remain a separate non-interest bearing debt in respect of the purchase payable at the end of the term of the purchase.
(4) Any postponement granted in pur suance of subsection two of section twenty-nine of this Act before the commencement of the Crown Lands (Amendment) Act, 1932, or granted in pursuance of this section, may at any time be modified or revoked by the Minister at his discretion.
(c)
by inserting next after section thirty-eight the following new section:—
38A. Where a person has prior to the com mencement of the Crown Lands (Amendment) Act, 1932, become the purchaser at auction of any area of land under the Closer Settlement Acts and either before or after such commence ment the purchase of such area is declared to have been forfeited, the Minister may, upon the prescribed application, direct that the whole or part of any moneys paid in respect of such purchase, whether the same have been declared forfeited or not, shall be credited or applied
as
as payment in respect of the purchase by such person, or by any member of the family of such person, of any other area at auction under the Closer Settlement Acts or of any area under section four of the Closer Settlement (Amend ment) Act, 1914; and where such direction has been given the whole or part of such moneys shall be credited or applied accordingly.
In this section the expression " member of the family of such person " shall include such person's father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law, daughter-in- law, step-father, step-mother, step-brother, step-sister, step-son and step-daughter.
(4) The Closer Settlement (Amendment) Act, 1914, is amended by inserting at the end of section four the following new subsection:—
(2) Where a person has prior to the commence ment of the Crown Lands (Amendment) Act, 1932, become the purchaser of any area of land under this section, and either before or after such commence ment the contract for sale has been cancelled, the Minister may, upon the prescribed application, direct that the whole or part of any moneys paid in respect of such purchase, whether the same have been for feited or not, shall be credited or applied as payment in respect of the purchase by such person, or by any member of the family of such person, of any other
area under this section, or of any area at auction
under the Closer Settlement Acts; and where such direction has been given the whole or part of such
moneys shall be credited or applied accordingly.In this subsection the expression " member of the family of such person " shall include such person's father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, step-father, step mother, step-brother, step-sister, step-son and step daughter.
(5)
(5) The Crown Lands (Amendment) Act, 1932, is amended as follows:—
(a) (i) by omitting from subsection one of section four the words " to the Minister " ;
(ii) by omitting from subsection two of the same section the words " shall refer every such application to the local land board, and if the board " and by inserting in lieu thereof the words " if the local land board " ;
(iii) by omitting subsection four of the same section and by inserting in lieu thereof the following new subsection:—
(4) No postponement, waiver or remis sion shall be granted under this section in respect of any instalment, interest or rent which becomes due after the expiration of twelve months from the date of the recom mendation of the local land board.
(iv) by omitting from subsection six of the same section the words ' ' Where owing to damage by flood, fire, storm or tempest the Minister is satisfied after report by the local land board that any improvements which a holder is in course of purchasing from the Crown in pursuance of the provisions of the Crown Lands Consolidation Act, 1913, have become depreciated in value, he may cause
a re-determination of the capital value of
land board " and by inserting in lieu such improvements to be made by the local thereof the following words:—"Where it appears to the local land board that any improvements which an applicant under this section is in course of purchasing from the Crown pursuant to the provisions of the Crown Lands Consolidation Act, 1913, have become depreciated in value owing to damage by flood, fire, storm or tempest, the local land board may redetermine the capital value of such improvements";
(b)
(b) (i) by inserting in section five after the words and figures " the Returned Soldiers Settle ment Act, 1916," the words and figures " the Prickly-pear Destruction Act, 1901 " ;
(ii) by omitting from the same section the words " and the payment thereof distributed over a period of succeeding years not exceeding twenty in number, and any payments falling clue during each and every year of such period shall be increased accordingly.
The amounts so funded or so much thereof as remains unpaid shall bear interest at the rate of two and one-half per centum per annum from the respective dates upon which such amounts became payable " and by inserting in lieu thereof the words " and that payment of the amount funded shall be distributed over a period of succeeding years not exceeding twenty in number, commencing from such date as he may appoint, and may also direct that the amount so remaining unpaid shall bear interest.
Where the Minister does not direct that the amounts so remaining unpaid shall bear interest, interest shall not be charged upon such amounts as from the respective dates upon which such amounts became payable,
and the total of such amounts shall in such case be deemed to be the amount funded, and the amount funded shall not bear interest. Where the Minister directs that the amounts so remaining unpaid shall bear interest, such amounts or so much thereof as remains unpaid shall bear interest at the rate of two and one-half per centum per annum from the respective dates upon which such amounts became payable, and the sums accruing due as interest before the date appointed by the Minister as the date
upon
upon which payment of the amount funded shall commence, shall be added to the amounts so remaining unpaid, and in such case the total of such sums and amounts shall, as from that date, be deemed to be the amount funded and the amount funded, or so much thereof as remains unpaid, shall bear interest at the rate aforesaid."
(iii) by omitting from the same section the words " waive or remit the payment of such interest wholly or in part " and by insert ing in lieu thereof the words " direct that the whole or part of such interest shall not. be charged.
No refund shall be made as a consequence of any such direction."
(iv)
by omitting from the same section the words:—"Where any condition imposed by the Minister is not performed or being performed to his satisfaction, he may revoke the direction as from a date to be specified in a notice to the holder, and there upon any amount so funded which remains unpaid shall become due and payable " and by inserting in lieu thereof the words ' ' Any direction by the Minister in pursuance of this section that any amount remaining unpaid shall bear interest, may at any time be revoked, and any other direction by the Minister in pursuance of this section may at any time be modified or revoked at the discretion of the Minister."
(c) by omitting subsection four of section nineteen and by inserting in lieu thereof the following new subsection:— (4) No postponement, waiver or remission shall be granted under this section in respect of any instalment, interest or rent which becomes due after the expiration of twelve months from the date of the recommendation of the special land board.
4. ( 1 ) This section shall be deemed to have com menced on the second day of October, one thousand nine hundred and thirty-one.
(2) The Crown Lands Consolidation Act, 1913, is
further amended:—
(a) (i) by omitting from subsection one of section
one hundred and sixty-seven the word
under " and by inserting in lieu thereofthe words " by the local land board in
accordance with " ;
(ii) by omitting from subsection three of the same section the words " two years " and by inserting in lieu thereof the words ' ' four years ' ' ;
(iii) by omitting from subsection four of the same section the words " application for
(iv) by inserting in subsection twelve of the same section after the word " purchase " where secondly occurring the words " or a suburban holding purchase " ;
(v) by inserting at the end of the same subsec tion the following proviso:—
Provided that where the application for a conditional purchase or a suburban holding purchase has been confirmed or approved after the commencement of the Crown Lands (Amendment) Act, 1931, or
within five years before such commence ment, all amounts, inclusive of interest, payable in respect of the conditional purchase or suburban holding purchase shall be adjusted as from the date of commencement of the purchase in accord ance with the determination of capital value under this section whether such determina tion was or is made before or after the commencement of the Crown Lands (Amendment) Act, 1931.
(vi)
(vi) by omitting subsection thirteen of the same section and by inserting in lieu thereof the following subsection:—
(13) All amounts (or, in any case in which an adjustment of amounts has been made under the provisions of subsection twelve of this section, all such adjusted amounts) inclusive of any instalment or interest (whether or not the same has been postponed, funded or deferred) which became due and payable in respect of a conditional purchase or suburban holding purchase before the date of the application for determination shall be paid by the holder.
All amounts which would, but for any postponement, funding or deferment, or the operation of subsection two of section one hundred and seventy-nine of this Act, have become due and payable in respect of a conditional purchase or suburban holding purchase before the date of the application for determination shall also be paid by the holder.
Where the total amount which has been paid in respect of a conditional purchase or suburban holding purchase, exclusive of sums which have been appropriated to interest, exceeds the capital value deter mined under this section, whether such determination was made before or after the commencement of the Crown Lands (Amendment) Act, 1931, no refund shall be
made.(vii) by inserting next after subsection fourteen of the same section the following new sub section :—
(15) For the purpose of making appli cation in pursuance of this section a mortgagee in possession shall be entitled to exercise the rights of a holder under this section.
In
In any such case, any land of which the applicant is in possession as mortgagee, and any land of which the spouse of the applicant is the holder or is in possession as mortgagee, shall, for the purposes of sub section seven of this section, be deemed to be land held by the applicant.
(b) (i) by omitting from subsection two of section
167A the words " two years " and by insert
ing in lieu thereof the words " four years " ;(ii) by omitting subsection three of the same section;
(iii) by omitting from subsection six of the same section the words " application for " ;
(iv) by omitting from subsection eight of the same section the words " Subsection three of this section shall not apply to any such application of the said Commissioners " ;
(v) by inserting next after subsection eight of the same section the following new sub section :—
(9) For the purpose of making applica tion in pursuance of this section a mort gagee in possession shall be entitled to exercise the rights of a holder under this section.
(c) by omitting from section seventy-eight the words
" two years " and by inserting in lieu thereof the words " four years " ;
(3) The Closer Settlement and Returned Soldiers
Settlement (Amendment) Act, 1927, is amended—
(a)
by omitting from subsection four of section two the words "two years" where firstly occurring and by inserting in lieu thereof the words ' ' four years ' ' ;
(b)
by omitting from subsection five of the same section the words " two years " and by insert ing in lieu thereof the words " four years " ;
(c)
(c) (i) by inserting in paragraph (b) of subsection eight of the same section after the word " paid " the words " or to be paid " ;
(ii) by inserting at the end of the same subsec tion the words—
" and
(c) in any case where at the date of the acquisition the land was held as a homestead selection and the capital value of such homestead selection was, after such date, increased as a result of a determination by the local land board, the amount of such increase."
(d) (i) by inserting in subsection ten of the same section after the word " paid "where firstly occurring, the words " or to be paid " ;
(ii) by omitting from the same subsection the words and figures " six and seven of the Closer Settlement (Amendment) Act, 1919," and by inserting in lieu thereof the words and figures " twelve and fourteen of the Closer Settlement (Amendment) Act,
1918 " ;
(e) by inserting next after subsection thirteen of the same section the following new subsection:—
(13A) For the purpose of making application in pursuance of this section a mortgagee in possession shall be entitled to exercise the rights of a holder under this section. In any such case, any land of which the applicant is in possession as mortgagee, and any land of which the spouse of the applicant is the holder or is in possession as mortgagee, shall, for the purposes of subsection fourteen of this section, be deemed to be land held by the applicant.
(4)
(4) The Returned Soldiers Settlement Act, 1916,
is amended—
(a) by omitting from subsection (1B) of section nineteen the words " two years " and by insert ing in lieu thereof the words " four years " ; (b) (i) by omitting from subsection four of the same section the words " an application has been made under the provisions of this section to have the capital value price or value of the land or the amount of the charge of purchase money on the land determined " and by inserting in lieu thereof the words " a determination of the capital value, price or value of the land or the amount of the charge of purchase money on the land, has been made under the provisions of this section " ;
(ii) by omitting from the same subsection the words and figures " an application has been made under the provisions of section one hundred and sixty-seven of the Crown Lands Consolidation Act, 1913, to have the capital value of the land determined, or, under section two of the Closer Settlement and Returned Soldiers Settlement (Amend ment) Act, 1927, to have the capital value price or value of the land or the amount of the charge of purchase money on the land
determined " and by inserting in lieu thereof the words and figures " a deter mination of the capital value of the land has been made under the provisions of section one hundred and sixty-seven of the Crown Lands Consolidation Act, 1913, or a deter mination of the capital value, price or value of the land or the amount of the charge of purchase money on the land has been made under the provisions of section two of the Closer Settlement and Returned Soldiers Settlement (Amendment) Act, 1927 " ;
(c)
(c)
by inserting next after subsection four of the same section the following new subsection:—
(5) F o r the purpose of making applicat ion in pursuance of this section a mor tgagee in posses sion shall be entit led to exercise the r igh t s of a holder under this section.
No such applicat ion shall be enter ta ined where the land held by the appl icant substant ia l ly exceeds a home maintenance area .
F o r the purposes of this subsection any land of which the appl icant is in possession as mort gagee, and any land of which the spouse of the appl icant is the holder or is in possession as mor tgagee , shall be deemed to be land held by
the appl icant .
5. (1) The Crown Lands Consolidation Act, 1913, is
| fu r ther | amended— |
(a) by inserting at the end of section thirty the
following new p a r a g r a p h : — A reserve from sale for the purpose of a catchment a rea shall not be revoked or modified except with the concurrence of the board consti tu ted under section 34A of this Act.
(b) by inser t ing next af ter section th i r ty-four following short heading and new section:—
the
Catchment areas board.
34A. (1) There shall be a catchment a r ea s board which shall consist of—
(a)
the Minister for the time being charged with the adminis t ra t ion of the F o r e s t r y Act, 1916, as amended by subsequent Acts , who shall be cha i rman of the boa rd ;
(b)
the person for the time being holding the office of Under -Secre ta ry for Lands or an officer of the Depa r tmen t of Lands nominated by such person, who shall in the absence of the said Minis ter act as
cha i rman of the board : (c)
(c) the person for the time being holding the
office of Under -Secre ta ry , Depar tment of Agr icu l ture , or an officer of tha t Depar t men t nominated by h im;
(d)
the person for the time being constituting the F o r e s t r y Commission of New South Wales , or an officer of t ha t commission nominated by such pe r son ;
(e) a commissioner or an officer of the Water
Conservat ion and I r r iga t ion Commission nominated by tha t Commission.
(2) All meet ings of the board shall becalled by the chai rman.
(3) A t any meet ing of the board the cha i rman, or member act ing as chai rman, and any two other members shall form a quorum, and the chai rman, or member act ing as chair man, shall pres ide at all meet ings of the board.(4) The chai rman, or member act ing as cha i rman, shall have an original vote on any quest ion before the board, and in the case of equali ty of votes shall have a second or cast ing vote.
(5) The board shall exercise such func t ions as a re conferred upon it by this or any other Act or as may be prescribed.
(c)
by inserting next after section eighty-three the following shor t head ing and new sect ion:—
Leases and licenses of land reserved from sale
for the purpose of a catchment area.
83A. Notwi ths tand ing any th ing to the con t r a r y in any Act, l and reserved from sale for the purpose of a catchment a rea shall not be let unde r any form of lease or license nor shall the t e r m of any lease of such land be extended, except upon the recommendat ion of and subject to such special conditions as may be recom mended by the board const i tuted under section
34A of this Act.
(d)
(d) (i) by inser t ing in subsection four of section
eighty-five af ter the words " t imber
reserve " where firstly occurr ing the words
" or any reserve from sale for the purpose
of a catchment a r e a " ;
(ii) by inserting in the same subsection after the words " adminis te r ing the F o r e s t r y Act " the words " o r in the case of a reserve from sale for the purpose of a catchment a rea the revocat ion has been recommended by the board const i tuted under section 34A of this Act " ;
(c)
by inserting next after section 136i the following shor t heading and new section:—-
Leases of land reserved from sale for the
purpose of a catchment area.
136j. Notwi ths tanding any th ing to the con t r a r y in any Act land reserved from sale for the purpose of a catchment a rea shall not be let under any form of lease, nor shall the t e rm of any lease of such land be extended, except upon the recommendat ion of and subject to such special conditions as may be recommended by the board const i tuted under section 34A of this Act.
(f) (i) by inser t ing in subsection four of section one hundred and thir ty-nine af ter the words " t imber reserve " where firstly occurring the words " or any reserve from sale for
the purpose of a catchment a rea " ;
(ii) by inserting in the same subsection after the word " Commission " the words " or in the case of a reserve from sale for the purpose of a catchment a rea the revocation has been recommended by the board con s t i tu ted under section 34A of this Act " ;
(g) by inserting at the end of subsection one of
section 145B the following p rov i so :— Provided tha t where the whole or any p a r t of
the land held under lease is reserved from sale
for
for the purpose of a catchment a rea , the al tera tion, modification or cancellation of any condition of the lease shall not be made except upon the recommendat ion of, and subject to any fur ther conditions recommended by the board consti tu ted under section 34A of this Act.
(h)
by inserting next after section 147A the follow ing short heading and new section:—
Leases of land reserved from sale for the
purpose of a catchment area.
147B. Notwi ths tanding any th ing to the con t r a r y in any Act, land reserved from sale for the purpose of a catchment a rea shall not be let under any form of lease or added to any lease under the provis ions of this Act, except upon the recommendat ion of, and subject to such special conditions as may be recommended by the board const i tuted under section 34A of this Act.
(i) by inserting in section one hundred and sixty- four af ter the words " Crown Lands Acts " the
following new p a r a g r a p h : — " L a n d reserved from sale for the purpose of a catchment a rea shall not be included under any lease or license in pursuance of this section, except with the concurrence of, and subject to such special conditions as may be determined by the board const i tuted under section 34A of this
A c t . " (j) by inserting in section one hundred and eighty- two af ter the word " desirable " the following w o r d s : — " P rov ided that where the whole or any p a r t of the land held under lease is reserved from sale for the purpose of a catchment a rea , the var ia t ion , modification, revocation or addi t ion of any condition shall not be made except upon the recommendat ion of, and subject to any fur ther conditions recommended by the boa rd const i tuted under section 34A of this Act " ;
(k)
(k)
by inserting next after section one hundred and ninety-eight the following shor t head ing and new section:—
Exchanges affecting land reserved from sale for
the purpose of a catchment area.
198A. Notwi ths tanding any th ing to the con t r a r y in any Act, Crown lands reserved from sale for the purpose of a catchment a rea shall not be disposed of in exchange for land su r rende red or acquired in pursuance of the provisions of this Division, and lands surren dered to the Crown under this Division which a re reserved from sale for the purpose of a catchment a rea shall not be added to any lease or license or conditional purchase or homestead selection, except upon the recommendat ion of and subject to such special conditions as m a y be recommended by the board const i tuted under section 34A of this Act.
(1) by inser t ing next af ter section 229A the follow ing shor t heading and new sect ion:—
Limitation of operation of sections 229 and
229A.
229B. An extension of the t e r m of any lease in pursuance of section two hundred and twenty- nine or section 229A shall not be g ran ted in respect of land reserved f rom sale for the
purpose of a catchment area , except upon the recommendat ion of, and subject to such special conditions as may be recommended by the board
const i tuted under section 34A of this Act.
(2) The Closer Set t lement Act, 1904, is fur ther
amended by inser t ing a t the end of section thir ty-nine
| the following | p rov i so : |
" P rov ided tha t where the land is reserved from sale for the purpose of a catchment a rea , pe rmi t s to occupy shall not be so granted , except upon the recommendat ion of', and subject to such special
conditions
conditions as may be recommended by the board const i tuted under section 34A of the Crown L a n d s
Consolidation Act , 1913 . "
(3) The Closer Set t lement (Amendment) Act ,
1909, is amended—
(a) by inserting in subsection one of section twenty- one af ter the words " revoke such set t ing
a p a r t " the following p rov i so :— Prov ided tha t where the land is reserved from sale for the purpose of a catchment a rea it shall not be so set a p a r t except with the recommenda tion of the board consti tuted under section 34A of the Crown Lands Consolidation Act, 1913.
(b) by inserting in subsection six of the same section
after the word " Minis ter " the following p rov i so :—
Prov ided tha t land reserved from sale for the purpose of a catchment a rea shall not be so leased or exchanged, except upon the recom- mendat ion of, and subject to such special con- dit ions as m a y be recommended by the board const i tuted under section 34A of the Crown Lands Consolidation Act, 1913.
(4) The Closer Set t lement (Amendment) Act,
1914, is fur ther amended by inser t ing in section four af ter the words " apply for the same " the following- proviso :—
Prov ided tha t land reserved from sale for t he purpose of a catchment a rea shall not be so leased, except upon the recommendat ion of, and subject t o such special conditions as may be recommended by the board const i tuted under section 34A of the Crown L a n d s Consolidation Act, 1913.
(5) The Re tu rned Soldiers Set t lement Act, 1916. is fur ther amended by inser t ing next af ter subsection one of section four the following new subsection:—
(1A) L a n d reserved from sale for the purpose of a catchment a rea shall no t be leased unde r the
provis ions
provis ions of this section except upon the recom mendat ion of, and subject to such special conditions as may be recommended by the board const i tuted unde r section 34A of the Crown Lands Consolidation Act, 1913.
6. (1) The Crown Lands Consolidation Act, 1913, is
| fur ther | amended:— |
(a)
by inserting in section thirteen after the word " ar ise " the words " under this or any o ther
Act " ; (b)
by inserting next after section thirteen the following short heading and new section:—
Authority of member appointed for one land dis
trict to act on board for another land district.
13A. I t shall be lawful for the Minis ter from time to time to direct any member, other than the chairman, of any local land board, to sit or act as a member of any other local land board to deal with any mat te r , question or inquiry tha t has ar isen, or shall ar ise under this or any other Act, without r e g a r d to the land dis t r ic t in which the land forming the subject of such mat te r , question or inquiry may be s i tuated, and where such member so sits or acts such las t mentioned local land board shall have as full power and jur isdict ion to deal with such ma t t e r ,
question or inquiry as if such member had been
appointed for the land dis t r ic t of the said localland board by the Governor.
(c) by inser t ing in p a r a g r a p h two of section four teen af ter the word " board " where secondly occurr ing the words " and every Crown land a g e n t " ;
(d)
by inserting in section seventeen after the word and figures " I r r iga t ion Act, 1912 " the words and figures " -1931, or the Public P a r k s Act, 1912, or the Public T r u s t s Act, 1897
(e)
(e) (i) by inser t ing in p a r a g r a p h six of subsection one of section one hundred and one after the word " assign " the words and paren theses " ( e x c e p t by way of mor tgage or
discharge of m o r t g a g e ) " ; (ii) by omitting from subsection two of the same section the words " and within the t ime " ;
(iii) by inser t ing a t the end of p a r a g r a p h (a) of subsection four of the same section the words " and where any person has an in teres t as mor tgagee or otherwise in the set t lement lease so su r rendered the docu ment evidencing or agreement creat ing such interest shall except in the case of a t r ans fer under this Act, be read and construed as if the reference in such document or agreement to the set t lement lease so sur rendered were a reference to the new leases so issued, and where the document or agree ment is a t r ans fe r unde r this Act by way of mor tgage , it shall be deemed to include an unde r t ak ing to execute such fur ther t r ans fe r s as may be necessary to confer on such person an equivalent in teres t in the new leases, and in such case the t ransferee shall, by v i r tue of this Act, have au thor i ty to execute, as the a t to rney and a t the expense of the t r ans fe ror , any such t ransfer , if the t r ans fe ro r fails to execute
the same within one month af ter be ing called upon to do so " ;
(f) by inser t ing at the end of p a r a g r a p h (b) of section one hundred and seven the words " and where any person has an in teres t as mor tgagee or otherwise in the conditional purchase lease the ins t rument of lease for which is so su r ren dered the document evidencing o r agreement c rea t ing such in teres t shall except in the case of a t r ans fe r unde r this Act, be read and construed
as
as if the reference in such document or agree ment to the conditional purchase lease so sur rendered were a reference to the new leases so issued, and where the document or agreement is a t ransfer under this Act by way of mor tgage , it shall be deemed to include an under tak ing to execute such fur ther t rans fe rs as may be neces sa ry to confer on such person an equivalent in teres t in the new leases, and in such case the t ransferee shall, by v i r tue of this Act, have au thor i ty to execute, as the a t to rney and a t the expense of the t ransferor , any such t ransfer , if the t r ans fe ro r fails to execute the same within one month af ter being called upon to do so " ;
(g) (i) by omit t ing subsection six of section one hundred and nine and by inser t ing in lieu thereof the following new subsect ion:—
(6) Upon confirmation by the local land board, whether before or after the com mencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Settle ment (Amendment) Act, 1935, the con version shall he deemed to have taken effect as from the da te of applicat ion for conversion.
(ii) by inserting in subsection seven of the same section af ter the word " purchase " where secondly and th i rd ly occurr ing the words
" or conditional purchase " ; (iii) by inserting at the end of the same subsec
tion the following new p a r a g r a p h : —
(c)
the term of residence attaching to any such conditional purchase or conditional purchase and conditional lease shall be reduced by the per iod dur ing which continuous residence has been per formed upon the condi tional purchase l ease ;
(h)
(h) (i) by omit t ing p a r a g r a p h (c) of subsection two of section one hundred and fourteen and by inser t ing in lieu thereof the following p a r a g r a p h : —
(c)
In the case of simultaneous applica t ions, preference shall be given to the appl icant who, in the opinion of the local land board, having rega rd to all the circumstances, including par t icu lar ly the a rea of lands a l ready held by the appl icants , the proximi ty of the lands of the appl icants to the lands appl ied for, the respect ive per iods of the ownership of the lands of the appl icants and the manner in which such lands have been used is most deserving of preference.
(ii) by inser t ing in p a r a g r a p h (f) of the same subsection af ter the words " addi t ional holding " the words " in v i r tue of such
holding " ;
( i)
(i)
by inserting next after subsection four of section 119A the following new subsec
t ions :— (4A) The amount of survey fee payable in respect of any such homestead fa rm shall be reduced by the amount of survey fee pa id in respect of the permiss ive occupancy.
(4B) The te rm of residence a t tach ing to any such homestead f a rm shall be reduced by the per iod dur ing which continuous resi dence has been per formed or deemed to have been per formed on the land whilst held under permiss ive occupancy: P rov ided tha t in any case where the con dit ion of residence was dispensed with in respect of the permiss ive occupancy, no condition of residence shall a t tach to the homestead farm.
(ii)
(ii) by omitting from subsection six of the same section the words " the thir ty-f i rs t day of December, one thousand nine hun dred and fo r ty - two ," and by inser t ing in lieu thereof the words " the th i r t ie th day of Ju ne , one thousand nine hundred and fifty";
(j) (i) by omit t ing from subsection one of section
123A the words and figures " applied for
before the pass ing of the Crown Lands (Amendment) Act, 1927 " and by inser t ing in lieu thereof the words " ( w h e t h e r an
original or an addit ional homestead f a r m ) " ; (ii) by omitting from the same subsection the words " the homestead fa rm " and by inser t ing in lieu thereof the words " the
same " ; (iii) by inserting next after subsection one of the same section the following new subsec
t ions :— (1A) The applicat ion shall be accom panied by the prescr ibed fee.
If the homestead fa rm is subject to a mor tgage , the uncondit ional concurrence of the mor tgagee shall accompany the applica tion.
If the perpe tua l lease g r a n t has been
issued in respect of the homestead farm, a
prescr ibed form shall be executed and su r render thereof to the Crown in the forwarded with the application. If the applicat ion be not approved, the su r render shall be deemed to have had no effect and the appl icant or his mor tgagee shall be entit led to have the g r a n t r e tu rned to him.
(1B) An original homestead f a rm and any addi t ional homestead fa rm held in v i r tue thereof may be included in one applicat ion under this section.
(iv)
(iv) by inserting in subsection two of the same section after the word " appl icant " the words " and the spouse of the appl icant " ;
(v) by inserting in subsection four of the same section immediately before the words " homestead farm " the word " original " ;
(vi) by inserting at the end of subsection five of the same section the words " a t the da te of the applicat ion for conversion " ;
(vii) by omitting from subsection six of the same section all words af ter the words " th is
section " ;
(k)
by omitting section one hundred and twenty- nine and the shor t heading thereto and by inser t ing in lieu thereof the following shor t heading and new sect ion:—
Restrictions on assignment of suburban holdings.
129. (1) A suburban holding shall not be t r ans fe r red except by way of mor tgage or discharge of mor tgage unless the consent of the Minis ter has been previously obtained.
(2) If any suburban holding devolves under a will or intestacy upon any person, such person m a y hold the suburban holding for a per iod of th ree yea r s af ter the death of the t e s t a to r or in tes ta te , or for such fur ther per iod
as the Minis ter may permi t . Wi th in any such per iod such person may , upon applicat ion obtain a certificate from the Minis ter tha t he is enti t led to hold the suburban hold ing; or such person may, subject to this section, sell and t r ans fe r the suburban holding.
If by the provis ions of the will or by law, such person has power to sell the suburban holding, the sale may be effected under such p o w e r ; in any other case the sale may be effected wi th the consent of all persons beneficially enti t led to the suburban holding or by o rder of
the
the Supreme Cour t in i ts equitable jurisdict ion, which may be obtained in the manner prescr ibed by rules of court, or unti l such rules are made, by summons a t chambers .
If such person does not within any such per iod obtain the certificate of the Minister as afore said, nor t rans fe r the suburban holding as afore said, the same shall be liable to forfei ture, and on notification by the Minis ter in the Gazette may be forfeited and thereupon shall rever t to the Crown.
(3) This section shall apply to suburban holdings confirmed or g ran ted before as well as to suburban holdings confirmed or g ran ted af ter the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Set t lement (Amendment) Act, 1935.
[1) (i) by inser t ing in subsection two of section
129A af ter the word " holding " where
firstly occurr ing the words " or suburban holding purchase (whether a g r a n t has or has not issued) " ;
(ii) by omitting from subsection three of the same section the words " shall r epo r t to the Minis ter whether such applicat ion shall be g ran ted or refused " and by inser t ing in lieu thereof the words " may, a t i ts discre tion, confirm or disallow such application,
land applied for. ei ther as to the whole or any p a r t of the
The local land board m a y pe rmi t the appl icant to wi thdraw the app l ica t ion ." (iii) by omitting subsection four of the same section;
(iv) by inserting in subsection five of the same section af ter the word " holding " where secondly occurr ing the words ' ' or suburban holding purchase " ;
(v)
(v) by omitting from the same subsection the words " addi t ional suburban holding " where secondly occurr ing and by inser t ing in lieu thereof the words " addi t ional hold- ing ";
(vi) by omitting subsection six of the same section;
(vii) by inserting in subsection eight of the same section af ter the word " applicat ion " where firstly occurr ing the words " made before the commencement of the Crown Lands , Closer Set t lement and Re tu rned
Soldiers Set t lement (Amendment) Act,
1935 " ;
(m) (i) by omit t ing from p a r a g r a p h (h) of section 129B the words " and any res t r ic t ions imposed by section one hundred and twenty- nine in respect of suburban holdings " ;
(ii) by omit t ing p a r a g r a p h (k) of the same section and by inser t ing in lieu thereof the
following p a r a g r a p h : — (k)
Except by way of mortgage or dis charge of mor tgage a t rans fe r of land purchased under this section shall no t be valid unless the consent of the Minis ter has been obtained.
The Minis ter shall have discret ion
to g r a n t or refuse his consent.
The provis ions of this p a r a g r a p h shall apply whether a g r a n t has or has not issued, but shall not apply to the t r ans fe r of any parcel of land being p a r t of tha t comprised in a g r a n t of land purchased under this section where the Minis ter so certifies in the prescr ibed form.
The Minis ter may so certify in the
case of a subdivision made before thecommencement of the Crown L a n d s
(Amendment )
(Amendment) Act, 1927, as well as in the case of a subdivision made af ter such commencement or af ter the com mencement of the Crown Lands , Closer Set t lement and Returned
Soldiers Set t lement (Amendment) Act, 1935. Upon the issue of any certificate under this p a r a g r a p h the parcel of land may be t r ans fe r red or otherwise deal t with without recourse to th is p a r a g r a p h .
This p a r a g r a p h shall apply to and
in respect of any certificate issued under the p a r a g r a p h which this pa ra graph replaces in the same manner in all respects as if this p a r a g r a p h had been in force at the t ime when such certificate was issued.
(n)
by omit t ing from p a r a g r a p h four of section one hundred and th i r ty the words " and if any Crown-lease be not convertible (as here inaf ter p rovided) into a homestead farm, the Minister
shall so s ta te in the not i f ica t ion" ;
(o) by inser t ing a t the end of p a r a g r a p h (b) of section one hundred and thir ty-four the words ' ' and where any person has an in teres t as mort gagee or otherwise in the Crown-lease the
such interes t shall except in the case of a t r ans fe r ins t rument of lease for which is so sur rendered the document evidencing or agreement creat ing unde r this Act, be r ead and construed as if the reference in such document or agreement to the Crown-lease so su r rendered were a reference to the new leases so issued, and where the docu ment or agreement is a t r ans fe r under this Act by way of mor tgage , it shall be deemed to include an under t ak ing to execute such fur ther t r ans fe r s as may be necessary to confer on
such
such person an equivalent in te res t in the new leases, and in such case the t rans fe ree shall, by, v i r tue of this Act, have au thor i ty to execute, as the a t to rney and a t the expense of the t r a n s feror , any such t ransfer , if the t r ans fe ro r fails to execute the same within one month af ter being called upon to do so " ;
(p) (i) by inser t ing in subsection one of section one hundred and fifty-eight af ter the words " original homestead selection " the words " original homestead farm, original Crown-
lease " ; (ii) by omitting from the same subsection the words " an a rea of land, which area , when added to the a rea of the holding proposed to be applied for, would exceed the max imum a rea prescr ibed by this Act for the kind of holding applied for.
F o r the purposes of the foregoing pro vision, the maximum area prescr ibed for a conditional purchase lease shall be deemed to be the same as tha t prescr ibed for an o rd ina ry conditional purchase , or to be the a rea of the block applied for if it exceeds such maximum area " and by inser t ing in lieu thereof the words " an a rea of land which, when added to the a rea of the holding proposed to be applied for, would in the opinion of the local land board substant ia l ly
exceed a home maintenance a rea " ; (iii) by omitting subsection two of the same sect ion;
(iv) by omitting subsection three of the same section and by inser t ing in lieu thereof the following new subsect ion:—
(3) Excep t with the consent of the Minis ter no person shall be competent to apply for an original suburban holding who, or whose wife or husband (where husband
and
and wife are not l iving a p a r t under a decree for judicial separa t ion made by any court
of competent ju r i sd ic t ion)—
(a)
holds one or more original or addi t ional suburban holdings or suburban holding purchases (whether a g r a n t
has or has not i s s u e d ) ; or (b)
either before or after the commence ment of the Crown Lands , Closer Set t lement and Returned Soldiers Set t lement (Amendment) Act, 1935, has applied for and obtained a t i t le to an original suburban holding or has acquired by t rans fe r or otherwise an original or addit ional suburban holding or suburban holding pur chase (whether a g r a n t has or has not issued) and who no longer holds the same.
(q) by inserting at the end of section one hundred and sixty-one the following new subsection:—
(2) W h e r e a holding is forfeited or surren dered and the holder obtains, unde r the same or a different class of tenure , the land formerly comprised within such holding, the Minis ter may direct t ha t the survey fee payable in respect of the new holding shall be reduced by
the amount of survey fee paid less any sums
payable as in teres t on the survey fee up to the
da te of forfei ture or su r render in respect of the
holding so forfeited or sur rendered .( r ) (i) by omit t ing from subsection one of section one hundred and eighty-three the words " P rov ided also tha t a person who has converted (whether before or af ter the pass ing of this Act) one homestead selec t ion or g r a n t or homestead f a rm into a conditional purchase lease or a conditional
c purchase purchase or a conditional purchase a n d conditional lease shall not, except wi th the permiss ion of the Minister , effect o ther such conversions " ;
(ii) by omitting subsection two of the same section and by inser t ing in lieu thereof the following new subsection :—
(2) Upon confirmation by the local l and board, whether before or af ter the com mencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Settle ment (Amendment) Act, 1935, the conver sion shall be deemed to have taken effect a s f rom the da te of applicat ion for conversion.
(s)
by omit t ing p a r a g r a p h (f) of subsection one of section one hundred and eighty-four and by inser t ing in lieu thereof the following new p a r a g r a p h : —
(f)
Upon confirmation by the local land board, whether before or af ter the com mencement of the Crown Lands , Closer Se t t lement and Re tu rned Soldiers Set t le ment (Amendment) Act, 1935, the con vers ion shall be deemed to have t aken effect as from the da te of appl icat ion for conversion. On such confirmation the
set t lement lease or Crown-lease shall b e deemed to have been su r rendered to the Crown as f rom the da te of appl icat ion for conversion unless such applicat ion is wi thdrawn p u r s u a n t to p a r a g r a p h (d) of
th is subsection.
( t )
(i)
by omit t ing from p a r a g r a p h four of section one hundred and eighty-five the words " A person who has appl ied for and acquired (whether before or af ter the pass ing of this; Act ) a condit ional purchase or a conditional
purchase
purchase and conditional lease by conver sion of a set t lement lease or Crown-lease shall be disqualified from effecting another such conversion unless he has first obtained
the Minis te r ' s approva l in w r i t i n g : Provided , however, tha t " ;
(ii) by omit t ing p a r a g r a p h five of the same
section;
| (u) | (i) | by inserting at the end of subsection five of section one hundred and ninety the |
|
" W h e r e the Minis ter has g r an t ed the application, whether before or af ter the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Set t lement (Amendment) Act, 1935, the conversion shall be deemed to have taken effect as from the da te of applicat ion for convers ion ."
(ii) by omitting subsection eight of the same section and by inser t ing in lieu thereof the following new subsection:—
(8) The price of the land comprised in the conditional purchase or the addi t ional condit ional purchase , or the price a t which the land comprised in the conditional lease
t ional purchase , or the capital value of the shall be convertible into addi t ional condi conditional purchase lease or the addi t ional condit ional purchase lease or the homestead selection or the addi t ional homestead selection or the homestead f a rm or the addi t iona l homestead farm, or the r en t of the sett lement lease or the addi t ional settle ment lease or the conditional lease, shall respect ively be the price, capi ta l value or r en t determined by the local land boa rd pu r suan t to subsection five of this section.
(v)
(v) (i) by inser t ing a t the end of p a r a g r a p h (b) of subsection one of section one hund red and ninety- three the words " If the lease is subject to a mor tgage , the uncondit ional concurrence of the mor tgagee shall accom
pany the app l i ca t ion . " (ii) by omit t ing from p a r a g r a p h (e) of the same subsection the words " Upon confirmation the land shall be wi thdrawn from t h e lease " and by inser t ing in lieu thereof t h e following w o r d s : " U p o n confirmation by the local land board of an appl icat ion m a d e in pursuance of this section, the t i t le to t he homestead selection shall be deemed to have commenced as from the da te of such appl i cation, and the land comprised within the homestead selection shall be deemed to have been wi thdrawn from the lease as f rom such date " ;
(iii) by omit t ing from the same p a r a g r a p h the words " from the da te of confirmation," ' and by inser t ing in lieu thereof the words " from such date " ;
(iv) by omit t ing from p a r a g r a p h (f) of the same subsection the words " the da te of the confirmation of the homestead selection " and by inser t ing in lieu thereof the words " such date " ;
(w) (i) by omit t ing subsection five of section 193A. and by inser t ing in lieu thereof the follow
ing new subsect ions:—(5) Upon confirmation by the local l and board, whether before or af ter the com mencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Sett le ment (Amendment ) Act, 1935, the conver sion shall be deemed to have taken effect a s from the da te of appl icat ion for conversion.
(5A)
(5A) The applicat ion shall not be con firmed in respect of such p a r t of the land comprised in the pr ickly-pear lease as i s—
(a) reserved from sale, conditional sale, conditional purchase or o the r aliena tion under the Crown Lands Ac t s— unless the Minister so app roves ; (b) within a State forest or timber or
forest reserve—unless the F o r e s t r y
Commission so a p p r o v e s ; (c) within a reserve for mining or for mining purposes or within an a rea exempted from al ienation under the Mining Act, 1906—unless the Secre t a r y for Mines so approves " ; (ii) by omitting subsection six of the same
section and by inser t ing in lieu thereof the
following subsection:—(6) The p a r t of the land comprised in the prickly-pear lease for which the application has been confirmed shall f rom the date of applicat ion be deemed to be withdrawn from the pr ickly-pear lease, but otherwise the lease shall remain in full force and effect.
(x) (i) by inser t ing next after p a r a g r a p h one of section one hundred and ninety-four the
following new p a r a g r a p h : — (1A) Upon approva l by the Minis ter the conversion shall be deemed to have taken effect as from the da te of appli
cation for conversion " ;
(ii) by omit t ing from p a r a g r a p h four of the
same section the words " a p p r o v a l of t h e " ; (iii) by inserting at the end of the same para
g r a p h the following words " If the moneys appropr i a t ed to purchase money in respect of the conditional purchase a re insufficient to meet all the interes t required by this p a r a g r a p h to be paid, and default is made in
the
the payment within the t ime allowed by the Minister , of the balance of such interest , the approva l of the appl icat ion for conversion may be cancelled ' ' ;
(iv) by omit t ing from p a r a g r a p h five of the same section the words " a p p r o v a l of t h e " where
firstly occur r ing ; (v) by omit t ing f rom p a r a g r a p h s i s of the same section the words " The conversion shall take effect as f rom the da te of approva l of the appl icat ion for conversion and " ;
(vi)
by omit t ing f rom s u b p a r a g r a p h (a) of the
same p a r a g r a p h the words " for the said
per iod " ;
(y) by omitting section one hundred and ninety- s ix ; (z) (i) by omit t ing from subsection six of section two hundred and two the words " If the amount of the ren t so determined be not pa id by the person liable within two months af ter the da te of such determinat ion, the Minis ter may sue h im therefor in any court
of competent j u r i s d i c t i o n " ; (ii) by inserting next after subsection eight of
the same section the following new subsec
t ion :— (9) "Where before or af ter the commence ment of the Crown Lands , Closer Sett le ment and Re tu rned Soldiers Set t lement (Amendment ) Act, 1935, any permiss ion to enclose a road or watercourse in accordance with this section has been or is g ran ted , the annual ren t de termined by the local land board shall be deemed to have been and shall be payable in advance.
No refund shall be made in the case of any cancellation of such permission.
The
The p ropor t iona te p a r t of the ren t from the da te of the g ran t ing of the permiss ion to a date fixed by the local l and board or the distr ict surveyor shall be deemed to have been and shall be payable upon the da te of the g ran t ing of the permiss ion and there af ter the ren t shall be deemed to have been and shall be payable year ly in advance upon the date so fixed and upon each ann iversa ry of such date .
I n this subsection the expression " per mission to enclose a road or watercourse in accordance with this section " includes a de terminat ion made under subsection six of this section which const i tutes a pe rmi t under this section, and also includes any permiss ion to enclose a road or watercourse g ran ted under section fourteen of the
Crown Lands Act F u r t h e r Amendment Act, 1888.
(aa)
by omit t ing from p a r a g r a p h (a) of subsection one of section two hundred and twenty-six all words af ter the word " mater ia l " and by inser t ing in lieu thereof the words " as may be required by them for building or other purposes upon the land under lease or license or upon any contiguous land held in the same interes t in v i r tue of such lease or as a member of the series
of which such lease forms p a r t " ;
(bb) (i) by inser t ing in section two hundred and
twenty-eight af ter the word " l e a s e " where firstly occurr ing the words " o t h e r than an
annual l e a s e " ; (ii) by inserting in the same section after the words " sale or lease " the words " other than annual lease ' ' ;
(cc) by inser t ing a t the end of section two hundred and twenty-nine the following
w o r d s : —
" The te rm of any scrub lease or inferior
lands lease or special lease or res ident ia l lease
may
may be extended under this section as to the whole of the land comprised therein or as to so
much thereof as the Minister may d e t e r m i n e . "
(dd) (i) by inser t ing in section two hundred and fifty-seven af ter the words " set t lement lease " where firstly and secondly occur r ing, the words " suburban holding, sub u rban holding purchase " ;
(ii) by inserting in the same section after the words " and to section two hundred and seventy-four of this Act " the words " where the g r a n t is of a homestead farm, and to section one hundred and twenty-nine of this Act where the g r a n t is of a suburban
holding " ;
(ee) (i) by inser t ing in section two hundred and
fifty-eight af ter the word " p u r c h a s e " where
firstly occurr ing the words " or suburban holding purchase " ;
(ii) by inserting in the same section after the words " conditional purchase " where secondly occurring, the words ' ' or suburban holding purchase as the case may be " ;
(iii) by inserting in the same section after the words " set t lement lease " wherever occur r ing the words " suburban holding " ;
(iv) by inserting in the same section after the word " conversion " the words " or pur
chase " ; (v) by omitting from the same section the words
' ' or current per iod ' ' ;
(ff) (i) by omit t ing from subsection one of section two hundred and sixty-five the word " assign " and by inser t ing in lieu thereof the words " or assign the same " ;
(ii) by omitting subsections two, three and four of the same section and by inser t ing in lieu thereof the following new subsect ions:—
(2) I t shall be competent for two or more
persons who are not subject joint ly or
several ly
severally to any disqualification in tha t behalf specified in this Act to acquire by t rans fe r a conditional purchase lease or conditional purchase or conditional lease which is a conversion of any conditional purchase lease, in any case where the certificate of fulfilment of conditions has been issued in respect of the holding.
(3) If any holding to which the res t r ic t ion mentioned in subsection one of this section applies devolves under a will or intestacy upon any person, such person may hold the same for a per iod of th ree years af ter the death of the tes ta tor or intestate or for such fur ther per iod as the Minister
may permi t . Wi th in any such period such person may, upon applicat ion, obtain a certificate from the Minister tha t he is enti t led to hold Iho hold ing; or such person may, subject to th is section, sell and t rans fe r the holding.
If by the provisions of the will or by law such person has power to sell the holding the sale may be effected under such power ; in any other case the sale may be effected with the consent of all persons beneficially enti t led to the holding or by order of the Supreme Cour t in i ts equitable jur isdict ion which may be obtained in the manner
prescr ibed by rules of court, or unti l such rules a r e made, by summons a t chambers . If such person does not within any such period obtain the certificate of the Minister as aforesaid nor t r ans fe r the holding as aforesaid the same shall be liable to for fei ture, and on notification by the Minister in the Gazette may be forfeited, and thereupon shall rever t to the Crown.
(4) This section shall apply to any
conditional purchase leases applied forbefore
before or af ter the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Set t lement (Amendment ) Act, 1935, or any conditional purchase leases compris ing land allotted in exchange under the provis ions of section one hundred and ninety-seven before or af ter such com mencement, or any conditional purchase or conditional lease which is a conversion of a conditional purchase lease whether the con vers ion was approved or confirmed before or af ter such commencement.
(gg) by omit t ing the proviso to subsection six of
section two hundred and seventy-two and by
inser t ing in lieu thereof the following prov iso :—Prov ided tha t the provis ions of this subsec t ion shall not apply to the t r ans fe r of any parcel of land being p a r t of tha t comprised in any such g r a n t where the Minis ter so certifies in the p r e scribed form.
The Minis ter may so certify in the case of a subdivision made before the commencement of the Crown Lands (Amendment ) Act, 1919, as well as in the case of a subdivision made af ter such commencement or af ter the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Set t lement (Amendment) Act, 1935.
Upon the issue of any certificate under this subsection the parcel of land may be t r ans fe r red or otherwise dealt wi th without recourse to this section. This proviso shall apply to and in respect of any certificate issued under the proviso to th is subsection before the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Set t lement (Amendment ) Act, 1935, in the same manner in all respects as if this proviso were in force at the t ime when such certificate was issued.
(hh)
(hh) by inser t ing a t the end of section three hundred and twenty-two the words " and the lessee may assign the lease by way of mor tgage or discharge of mor tgage without the consent of the
Minis ter ' ' ;
(ii) (i) by omit t ing from subsection two of section three hundred and twenty- three the words ' ' and within the time ' ' ;
(ii) by inser t ing a t the end of p a r a g r a p h (a) of subsection four of the same section the words " and where any person has an in teres t as mor tgagee or otherwise in the set t lement lease so sur rendered the docu ment evidencing or agreement crea t ing such in teres t shall, except in the case of a t r ans fe r under this Act, be r ead and con s t rued as if the reference in such document or agreement to the set t lement lease so su r rendered were a reference to the new leases so issued, and where the document or agreement is a t r ans fe r under this Act by way of mor tgage , it shall be deemed to include an under t ak ing to execute such fur ther t r ans fe r s as may be necessary to confer on such person an equivalent in teres t in the new leases, and in such case the t ransferee shall, by v i r tue of this Act, have au thor i ty to execute, as the a t to rney and a t
the expense of the t ransferor , any such t rans fe r , if the t r ans fe ro r fails to execute the same within one month after being called upon to do so " ;
(iii) by inserting at the end of the same section the following new subsection:—
(7) Any set t lement lease to which the
provisions of this section apply, m a y be assigned by the lessee by way of mor tgage or discharge of mor tgage wi thout the consent of the Minister .
(j j)
( j j) by inser t ing next af ter P a r t I I I of the Sixth Schedule there to the following new
P a r t : —
P A R T I V .
Land District. County. Parish. Portions.
5, 6, 50, 53 ,
Narrandera ... Cooper Binya 54, 55, 56.
(kk) (i) by omit t ing from the m a t t e r re la t ing to P a r t I V in p a r a g r a p h (b) of section one the figures " 83 " and by inser t ing in lieu thereof the figures and le t ter ' ' 83A '';
(ii) by omit t ing from the m a t t e r re la t ing to P a r t V in the same p a r a g r a p h the figures and let ter " 136i " and by inser t ing in lieu thereof the figures and let ter ' ' 136j ' ' ;
(iii) by omit t ing from the m a t t e r re la t ing to P a r t V I in the same p a r a g r a p h the figures " 147 " and by inser t ing in lieu thereof the
figures and le t ter " 147B ";
(iv) by omit t ing from the m a t t e r re la t ing to Division 5 of P a r t V I I I in the same p a r a g r a p h the figures " 195-8 " and by inser t ing in lieu thereof the figures and let ter " 195-
198A " ;
(11) (i) by omit t ing from the m a t t e r re la t ing to
Division 4 in the heading to P a r t V I I I
the figures and le t ter " 194B " and by
inser t ing in lieu thereof the figures and le t te r " 194c " ;
(ii) by omit t ing from the m a t t e r re la t ing to Division 5 in the heading to the same P a r t the figures " 195-8 " and by inser t ing in lieu thereof the figures and le t te r " 195 -
198A " ; (iii) by omitting from the heading to Division 4
of P a r t V I I I the figures and le t ter " 194B "
and by inser t ing in lieu thereof the figures and let ter " 194c
(iv)
(iv) by omitting from the heading to Division 5 of P a r t V I I I the figures " 195-8 " a n d by inser t ing in lieu thereof the figures and le t ter " 195-198A
(2) The Closer Set t lement Act, 1904, is
| fu r the r | amended:— |
(a) (i) by inser t ing in section thir ty-one af ter the
words "qualified t o " the words " a p p l y for o r " ; (ii) by inserting at the end of the same section
the w o r d s : — " The consent of the Minis ter to the t r ans fe r of any parcel of land being p a r t of t ha t comprised in a set t lement purchase a f te r issue of the gran t , shall not be requi red where the Minis ter so certifies in the
prescr ibed form. The Minis ter m a y so certify in the case of a subdivision made before or af ter the commencement of the Crown Lands , Closer Set t lement and Re tu rned Soldiers Sett le ment (Amendment ) Act, 1935.
Upon the issue of any such certificate the res t r ic t ions as to t r ans fe r to which the g r a n t would otherwise have been subject, shall cease to apply to such p a r c e l . "
(b) by inserting next after section thirty-one the following new sect ion:—
31A. A t r ans fe r before g r a n t of any settle ment purchase or of any land (not being land within any a rea designed for village or township set t lement) acquired from the Crown by pur chase by tender shall be effected in the pre scribed form and manner .
(c) (i) by omit t ing from section 35A the words
" w i t h i n any land distr ict under his jur is - d i c t i on ' ' ; (ii). (ii) by omitting from the same section the words " i n any such p l a c e " and by inser t ing in lieu thereof the words " a t any convenient place wi thin any land dis t r ic t unde r h i s ju r i sd ic t ion . ' '
(3) The Re tu rned Soldiers Set t lement Act, 1916,
is fu r ther amended—
(a)
by inser t ing in p a r a g r a p h (e) of subsection one of section six af ter the word " four " the word, figure and le t ter " section 4A ";
(b)
by inserting in subsection four of section seven before the words " All such moneys " the w o r d s " Subject to the provis ions of section twenty- one of this Act " ;
(c) (i) by inse r t ing in subsection one of section ten
a f te r the words " deal t with " the wordsand symbols " ( e x c e p t by way of mor tgage
or discharge of m o r t g a g e ) " ; (ii) by omitting from the same subsection the words and symbols "—excep t by way of m o r t g a g e — " and by inser t ing in l ieu thereof the words and symbols " ( e x c e p t by way of mor tgage or discharge of mor t g a g e ) " ;
(iii) by inserting next after subsection three of the same section the following new sub section :—
(4) Excep t where the land is wi thin a n i r r iga t ion a r ea the provis ions of this section shall not app ly to the t r ans fe r of any parce l of land being p a r t of tha t comprised in a g r a n t where the Minis ter so certifies in the
prescr ibed form. The Minis ter m a y so certify in the case of a subdivision made before or a f te r the commencement of the Crown Lands , Closer Set t lement and R e t u r n e d Soldiers Set t le ment (Amendment) Act, 1935.
Upon
Upon the issue of any such certificate the parcel of land m a y be t r ans fe r red or o ther wise deal t wi th wi thout recourse to th is section.
(d) by inserting next after section ten the following new section:—
10A. The provis ions of the Crown L a n d s
Consolidation Act, 1913, re la t ing to the t r ans fe r of conditional purchases , and the regula t ions t he reunde r shall extend muta t i s mutand is , and shall be deemed to have so extended to a t r ans fe r of a holding in course of purchase under section
4A of this Act.
(e)
(i)
by inserting in paragraph (b) of subsection one of section twenty-one after the word ' ' payment ' ' the words ' ' by any discharged
soldier " ; (ii) by omit t ing from the same p a r a g r a p h the words " the ren t " and by inser t ing in lieu
thereof the words " any rent " ;
(iii) by omit t ing from the same p a r a g r a p h the words " on any land held from the Crown by a discharged soldier " and by inser t ing in lieu thereof the words " to the Crown " ;
(iv) by inserting at the end of the same sub section the words—
" P rov ided tha t the Minis ter m a y dis
pense with the making of any such applica
t ion ceased to be the holder of the land. where the discharged soldier hasThe Minis ter may under p a r a g r a p h (a) or p a r a g r a p h (b) of th is subsection waive or remit any payment whether or not the d ischarged soldier has ceased to be the
holder of the l a n d . " (v) by inserting at the end of subsection three of the same section the w o r d s —
" This subsection shall not apply where
the discharged soldier has ceased to be the
holder of the l a n d . " (vi)
(vi) by omitting from subsection five of the same section the words " shall apply to lands held by discharged soldiers whether acquired under the Crown Lands Acts , the Closer Set t lement Acts or the Re tu rned Soldiers Set t lement Act, 1916, and i rrespec tive of whether such lands were acquired by the appl icants for relief before or a f te r their enlistment for active service but " .
SCHEDULE.
No. of Act. Title or Short Title. Extent of Repeal. 1916, No. 29 Crown Lands Amend So much of section 24 as amended
ment Act, 1916. section 129 of the Crown Lands
Consolidation Act, 1913.
1916, No. 29 Crown Lands Amend So much of section 24 as amended
ment Act, 1916. section 158 of the Crown Lands
Consolidation Act, 1913.
1916, No. 29 Crown Lands Amend So much of section 24 as inserted the proviso in paragraph (f) of subsection (1) of section 184 of the Crown Lands Consolidation Act, 1913. ment Act, 1916.
1916, No. 29 Crown Lands Amend So much of section 24 as amended subsection eight of section 190 of the Crown Lands Consolidation Act, 1913. ment Act, 1916.
1917, No. 27 Crown Lands (Amend So much of section 4 as amended
ment) Act, 1917. section 129 of the Crown Lands
Consolidation Act, 1913.
1917, No. 27 Crown Lands (Amend So much of section 4 as amended paragraph (f) of subsection (1) of section 184 of the Crown Lands Consolidation Act, 1913. ment) Act, 1917.
1919, No. 44 Crown Lands (Amend So much of section 2 as inserted the
ment) Act, 1919. proviso in subsection (3) of section 265 of the Crown Land3 Consolidation Act, 1913.
SCHEDULE
SCHEDULE—continued.
| No. of Act. | Title or Short Title. | Extent of Repeal. |
| 1919, No. 44 | Crown Lands (Amend | So much of section 2 as inserted the proviso at the end of sub section (6) of section 272 of the Crown Lands Consolidation Act, 1913. |
ment) Act, 1919.
| 1927, No. 16 | Crown Lands (Amend | Paragraph (v) of section 9. |
ment) Act, 1927.
| 1927, No. 16 | Crown Lands (Amend | Subparagraph (ii) of paragraph (ee) |
ment) Act, 1927. of section 9.
| 1927.No. 16 | Crown Lands (Amend | Paragraph (c) of section 8. |
ment) Act, 1927.
| 1931, No. 41 | Crown Lands (Amend | Paragraph (b) of section 6. |
ment) Act, 1931.
| 1931, No. 41 | Crown Lands (Amend | Subparagraphs (iii) and (iv) of |
ment) Act, 1931. paragraph (x) of subsection (1)
of section 9.
| 1931, No. 41 | Crown Lands (Amend | Paragraph (y) of subsection (1) of |
ment) Act, 1931. section 9.
| 1932, No. 69 | Crown Lands (Amend | Subparagraph (iii) of paragraph |
ment) Act, 1932. (a) of section 8.
| 1932, No. 69 | Crown Lands (Amend | Paragraph (g) of section 7. |
ment) Act, 1932.
| 1932, No. 69 | Crown Lands (Amend | Paragraph (i) of section 10. |
ment) Act, 1932.
| 1932, No. 69 | Crown Lands (Amend- | Paragraph (d) of subsection (1) of |
ment) Act, 1932. section 11.
| 1924, No. 52 | Crown | Lands | and | Paragraph (e) of section 7. |
Closer Settlement (Amending) Act, 1924.
| 1918, No. 48 | Closer Amendment | Settlement | So much of section 22 as inserted |
Act, a substituted subsection (2) of
1918. section 29, Closer Settlement
Act, 1904.B U S I N E S S
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