Crown Lands Titles and Reservations Validation Act of 1886 No 26a (NSW)

No. XXI.

An Act to confirm and declare valid in certain cases the title or claim to lands held as Additional Conditional Purchases Mineral Conditional Purchases and Conditional Leaseholds and also to declare valid reservations of Crown Lands from sale, and the revocation thereof. [14th October, 1886.]

held by or on behalf of such corporations and companies as additional WH E R E A S by reason of a decision of the Supreme Court the title or claim of corporations and companies to lands acquired or

conditional purchases mineral conditional purchases and conditional leaseholds under the laws in force for the time being relating to Crown Lands is considered to be imperilled And whereas for certain other reasons hereinafter specilied the title or claim to lands acquired or held as mineral conditional purchases and conditional leaseholds ought to he confirmed and validated and it is expedient also to validate certain reservations of Crown Lands from sale and the revocation thereof Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1. This Act may be cited as the " Crown Lands Titles and Reservations Validation Act of 1886" and for the purposes of interpre­ tation the word "Corporation" means a corporation whether aggregate or sole — " C o m p a n y " includes all associations and copartnerships whether registered under the Acts relating to Joint Stock Companies or not and whether incorporated or not.

2. The title or claim of any corporation or company or their assigns accrued before the passing of this Act to hold any land as an additional conditional purchase mineral conditional purchase or con­ ditional lease under the Acts or Regulations relating to Crown Lands in force at the time or times when such title or claim was acquired or intended to be acquired by or on behalf of such corporation or company shall not be deemed to have been in any way prejudiced or affected by reason only that such corporation or company was not at such time or times a "person" within the meaning of 'such Acts or Regulations And for the purpose of giving full effect to this enact­ ment the word " person" and every other word restricted in meaning to an individual whensoever occurring in any such Act or Regulation shall be deemed to have included a corporation or company Provided always that every act or thing required by such Acts and Regulations as aforesaid to be done by a person shall have been done before the passing of this Act by some person on behalf and under the authority of such coporation or company.

all intents and purposes.

3. The Governor by and with the advice of the Executive Council may by proclamation in the Government Gazette declare that any application for a mineral conditional purchase heretofore made or any grant issued by the Crown for land so conditionally purchased shall be valid and upon the publication of any such proclamation any such mineral conditional purchase or any grant issued as aforesaid prior to the date of such proclamation shall be valid and effectual to

4 . FOR the purpose of determining the expenditure required by

law to be made on portions of land acquired or held as mineral con­ ditional purchases the intervention of any railway road or creek between any such portions shall not be deemed to have prevented such portions from being held as one holding subject to the expenditure in the aggregate of two pounds per acre in mining operations upon any part or parts of the said land OR upon any adjoining lands held and used in connection therewith pursuant to the twenty-sixth section of the " Lands Acts Amendment Act 1 8 7 5 " Provided always that this section shall only be applicable to cases in which such portions shall be or have been held by one and the same person corporation or com- pany respectively.

5 . Where any lease for mineral purposes has been converted

into a mineral conditional purchase under the Acts or Regulations repealed by the " Crown Lands Act of 1881" no such mineral con­ ditional purchase shall be deemed to have been invalid because the conversion thereof may not have been approved or authorized by the Governor or because at the date of application to convert pursuant to sections twenty-seven and twenty-eight of the " Lands Act Amend- ment Act 1 8 7 5 " the said leases for mineral purposes were within lands reserved from sale Provided that the Minister shall be satisfied that the reservation from sale is not required in the public interest.

6 . No application to convert any mineral lease into a mineral

conditional purchase made under the Acts aforesaid shall be held to be invalid because all the lessees or persons holding interests in such mineral lease were not parties to or did not sign such application to convert Provided such lessees or persons have since concurred in such application by writing under their respective hands addressed to the Minister or that the Minister is satisfied that such lessees or persons had or have ceased to hold any interest in the lease the subject to such application.

7 . When any conditional purchase made under sections thirteen

twenty-one and twenty-two of the " Crown Lands Act of 1 8 6 1 " is by section seven of the " Crown Lands Act of 1 8 8 4 " declared to be con­ vertible into a mineral conditional purchase it shall be deemed to be and have been convertible notwithstanding that the Regulations relating thereto under the first-mentioned Act may not have had the force of law.

8 . Where a reservation of Crown Land from sale made pursu­

ant to any of the said repealed Acts has been or shall be revoked by a

notification published in the Gazette and before the expiration of thirty	days from the date of publication of such revocation a further reserva­
tion of such Crown Land or any part thereof from sale has been or shall be made and notified in the Gazette such last reservation shall not by reason only of its having been made within such thirty days be deemed to have been invalid Provided that reservations made pursuant to the repealed Acts shall be held to be and to have been revocable under the " Crown Lands Act of 1 8 8 4 . "
9. Provided that nothing herein shall affect any proceedings instituted prior to the twenty-fifth day of August one thousand eight hundred and eighty-six by any private individual or any cause of action accrued to such individual or shall affect any additional conditional purchase or mineral conditional purchase already declared void Pro­ vided also that nothing in this section contained shall apply to or save any proceedings at any time heretofore instituted by the Crown or in the name of the Crown.

No. X X I I .