Crown Lands (West Bogan Settlers) Improvements Relief Act 1943 (NSW)

CROWN LANDS (WEST BOGAN SETTLERS) IMPROVEMENTS RELIEF ACT.

Act No. 33, 1948.

to, 3rd November, 1943.] BE

An Act to make provision for granting to the holders of certain holdings in the Land District of Nyngan relief in respect of payment for certain Crown improvements; for this purpose to amend the Crown Lands Consolidation Act, 1913, the Crown Lands (Amendment) Act, 1932, and certain other Acts in certain respects: and for purposes connected therewith. [Assented

BE it enacted by t h e K i n g ' s

Most Exce l l en t Majesty ,

b y and wi th t h e advice and consent of t h e Legis ­ la t ive Counci l a n d Legis la t ive Assembly of N e w Sou th

W a l e s in P a r l i a m e n t assembled, a n d by t h e au thor i ty of

t h e same, as follows :—
1. (1) This Act may be cited as the " C r o w n Lands
(Wes t Bogan Set t lers) Improvements Relief Act, 1943 . "
(2) This Act shall be read and construed with the
Crown Lands Consolidation Act, 1913, as amended by

subsequent Acts , which Act, as so amended, is in th is

Ac t hereinaf ter referred to as the Pr inc ipa l Act.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

2 . (1) An applicat ion for relief under this Act may be made by the holder of any conditional purchase , condi­ t ional lease, homestead selection, set t lement lease, condi­ t ional purchase lease, special condit ional purchase lease, homestead farm or Crown-lease—

(a)	which is s i tua ted wi thin t ha t p a r t of the Land Dis t r ic t of Nyngan lying to the west of the Bogan River ; and
(b)	which, at the date of commencement of title to such holding or of any holding of which it is a conversion, contained improvements , consist­ ing of or including t imber t rea tment , which were
the p r o p e r t y of the Crown;

but no such applicat ion shall be enter ta ined in a case	where the liability under the Pr inc ipa l Act of the appli­
cant or of his predecessors in title (if any) for payment of the capi tal value of the improvements arose before the commencement of the Crown Lands Amendment Act,
1916.
(2) E v e r y such application shall, except in the cases re fe r red to in section five of this Act, be made within two years after the commencement of this Act and shall be made in the manner and in or to the effect of the form prescribed by regulat ions made under the Pr inc ipa l Act.

(3)

(3) An appl icat ion for relief under this Act m a y be made no twi ths tand ing tha t the capi ta l va lue of the whole of the improvements has been p a i d ; bu t no such appl icat ion shall be enter ta ined in a case where the whole of such capi ta l value was paid before the date upon which the appl icant acquired title to the holding.

(4) The Minister may a t his discret ion g r a n t or refuse any such applicat ion.

(5) An appl icat ion for relief under th is Act shall not be g ran ted by the Minister if he is of opinion t h a t the lands held by the appl icant and the spouse of t he appl icant substant ia l ly exceed a home maintenance area.

3 . W h e r e an applicat ion for relief under th is Act is g ran ted wi th respect to a condit ional purchase t he following provisions shall have effect:—

(a)	The capital value of the improvements on the holding which are or were the p roper ty of the Crown shall be appor t ioned by the Minister so as to show separa te ly t ha t p a r t of such capi tal va lue which is a t t r ibu tab le to t imber t r ea tmen t and t h a t p a r t of such capi tal value which is a t t r ibu tab le to other improvements ; and such appor t ionment shall be made as at the da te upon which the l iabil i ty to pay for such improve­ ments arose under the Pr inc ipa l Act.
(b)	The rate of interest to be charged in respect of t h a t p a r t of such capi ta l va lue which is a t t r ibu tab le to t imber t r ea tmen t shall, as from
the da te upon which interes t became charge­

able, be two and one-half per centum per annum; and any ad jus tment of the accounts of the holder which may be necessary to give effect

to th is p a r a g r a p h shall be made .
(c)	The provisions of section two hundred and sixteen of the Pr inc ipa l Act as amended from t ime to t ime and as var ied by p a r a g r a p h (b) of this section shall apply and shall be deemed always to have applied to and in respect of such improvements .

(d)

(d) Any excess amount to the credit of the applicant as a result of the adjus tment of his accounts may be applied in such manner as the Minister , wi th the consent of the applicant , may direct in or towards sat isfact ion of any other debt of the appl icant to the Crown, but except wi th the approva l of the Colonial Treasurer no direc­ t ion shall be given which would involve a t ransfer of moneys from the Consolidated Revenue F u n d to any other fund.

(e) No refund shall be made of any excess

amount to the credit of the appl icant as a resul t
of the g ran t ing of the application.

4 . W h e r e an applicat ion for relief under th is Act is g r a n t e d wi th respect to a holding of any of the tenures (o ther than a conditional purchase) referred to in section two of th is Act the following provisions shall have effect:—

(a)	The capital value of the improvements on the holding which are or were the p rope r ty of the Crown shall be appor t ioned by the Minister so as to show separate ly t ha t p a r t of such capi tal value which is a t t r ibu tab le to t imber t rea tment and tha t p a r t of such capi tal value which is a t t r ibu tab le to other improvements ; and such appor t ionment shall be made as a t the da te upon which the l iabil i ty to pay for such improve­ ments arose under the Pr inc ipa l Act.
(b)	The liability under the Principal Act of the holder and of his predecessors in t i t le (if any) for payment of the capi ta l value of improve­
never to have extended to payment of t ha t p a r t ments shall not extend and shall be deemed

of such capi tal value which is so appor t ioned as being the p a r t a t t r ibu tab le to t imber t rea t ­ ment , but in lieu thereof the holder and his predecessors in t i t le (if any) shall be deemed to have been liable to pay in advance an annual ren t in respect of t imber t r ea tmen t improve­ ments equivalent to two and one-half per centum of tha t p a r t of such capital value which is so appor t ioned as being the p a r t a t t r ibu tab le to

t imber t rea tment . The

The first payment of such annual ren t shall be deemed to have become due on the day on which the first ins ta lment of capi tal value in respect of the Crown improvements , or of in teres t in lieu thereof, as the case may be, became payable in accordance wi th the provi­ sions of subsection one of section two hundred and sixteen of the Pr inc ipa l Act .

Any adjus tment of the accounts of the holder

which may be necessary to give effect to th is

p a r a g r a p h shall be made .

(c)

Any excess amount to the credit of the applicant as a resul t of the adjus tment of his accounts shall be appl ied firstly in or towards payment of the annual ren t referred to in p a r a g r a p h (b) of th is section which has become due, and thereaf ter in or towards sat isfaction of pay­ ments which have become due under the provi­ sions of subsection one of section two hundred and sixteen of the Pr inc ipa l Act in respect of other Crown improvements . Any balance then remain ing shall be applied in such manner as the Minister, wi th the consent of the appl icant may direct, in or towards sat isfaction of any other debt of the appl icant to the Crown, but except with the approva l of the Colonial Trea ­ su re r no direction shall be given which would involve a t r ans fe r of moneys from the Con­ solidated Revenue F u n d to any other fund.

(d)

No refund shall be made of any excess amount

to the credit of the appl icant as a resul t of the
g ran t ing of the	applicat ion.

(e)

Any amount paid after the commencement of th is Act in respect of Crown improvements shall be applied firstly in or towards payment of the annual ren ta l referred to in p a r a g r a p h (b) of th is section which has become due, and the balance (if any) shall be appl ied in or towards sat isfaction of paymen t s which have become due under the provisions of subsection one of section two hund red and sixteen of the P r in ­ cipal Act in respect of other Crown

improvements . 5.

W h e r e an applicat ion for relief under th is Act has been g ran ted wi th respect to a conditional purchase , and such conditional purchase is subsequently converted into a homestead farm, the holder may a t the t ime of mak ing appl icat ion for the conversion or wi thin a period of six months after approval of the appl icat ion for conversion apply for relief under this Act in respect of the homestead farm.

5.

W h e r e an applicat ion for relief under this Act has been g ran ted in respect of a holding of any of the tenures (other than a conditional purchase) refer red to in section two of this Act and such holding is subsequently con­ ver ted into a conditional purchase , the l iabil i ty of the holder for payment of the annual ren t referred to in p a r a g r a p h (b) of section four of this Act shall cease, and in lieu thereof he shall become liable for payment of the capi ta l value of so much of the improvements as has been appor t ioned as being the p a r t a t t r ibu tab le to t imber t rea tment . Such payment shall be made in accordance wi th the provisions of subsection one of section two hundred and sixteen of the Pr inc ipa l Act, except ing t ha t the first ins ta lment under p a r a g r a p h (a) or p a r a g r a p h (b) of t h a t subsection shall become due on the day upon which the next payment of such annual ren t would have become due h a d the holding not been con­ ver ted into a condit ional purchase , and tha t interest on t ha t p a r t of such capi ta l value which has been appor­ t ioned as being the p a r t a t t r ibu tab le to t imber t r ea tment shall , as from t h a t day, be charged at the ra te of two and one-half per centum per annum in lieu of four per

6.

centum per annum as provided in t h a t subsection.

(1) W h e r e by reason of the g ran t ing of an applica­ t ion for relief under this Act the r a t e of in teres t payable upon a debt incurred before the first day of J a n u a r y , one thousand nine hundred and th i r ty- three , in respect of any Crown improvements is reduced, then the provi­ sions of section three of the Crown Lands (Amendment ) Act, 1932, as amended by subsequent Acts , shall apply, and shall be deemed to have applied as from the da te referred to in subsection two of t ha t section, to the in teres t as so reduced.

7.

(2)

(2) Where by reason of the granting of an applica- tion for relief under this Act a liability incurred before- the first day of January, one thousand nine hundred and thirty-three, to pay the capital value of any Crowns improvements is converted into a liability to pay an annual rent in respect of such improvements then the- provisions of section three of the CroAvn Lands (Amend- ment) Act, 1932, as amended by subsequent Acts, shall extend, and shall be deemed to have extended as from the date referred to in subsection three of that section,, to such annual rent.

8 . Where an application for relief under this Act has been granted and the purchaser homestead selector or lessee fails to make any payment for or in respect of the- improvements in accordance with the provisions of this Act or of the Principal Act as amended by this Act, the purchase homestead selection or lease, together with all moneys paid in connection therewith, shall be liable to be forfeited under and in accordance with the provisions of the Principal Act.