No. XI.
A n Act to give cer ta in ty as to t he proper
| a m o u n t s | payable | to | t he | Crown as | R e n t s |
| and License Fees u n d e r t he " Crown | L a n d s |
| Act of 1884"; to pe rmi t t he | de terminat ion |
| thereof to be m a d e by the L a n d Court | in |
cer ta in cases ; to provide for t he adjust m e n t of accounts and for staying- and l imi t ing t he effect of l i t igat ion in con
| nect ion wi th t he R e n t s | and License Fees |
u n d e r t h e said Ac t ; and to fur ther a m e n d the law in respect thereof. [19th Septem ber, 1890.]
| BE it enacted "by the Queen ' s Mos t Exce l len t Majesty, by and wi th | t h e advice and consent of t he Legis la t ive Council and Legislat ive |
| Assembly | of | N e w South W a l e s i n | P a r l i a m e n t | assembled, and by the |
| au tho r i t y | of | t he | same, as | fo l lows :— |
| Act , in respect of a n occupat ion license, |
| 1. This A c t m a y be cited as t h e | " Crown Rents A c t of 1890 . " |
| 2. I n | th i s Act , unless t h e contex t o therwise requires , | t he |
express ion—
| " Board" means any Local L a n d Board cons t i tu ted u n d e r | and |
| in pu r suance of | t h e " Crown L a n d s A c t of | 1884 ." |
| " H o l d e r " means t h e person registered in t h e books of t h e | Depar t |
| m e n t of L a n d s as t he holder of t h e lease or license in quest ion. " L a n d Cour t " | means t h e | L a n d | Cour t | const i tu ted | in | pursuance |
| of t he | " Crown L a n d s A c t of 1889 . " |
" Lease" means and includes a pastoral , homestead, or conditional
| lease or an occupat ion license unde r t he | " Crown | L a n d s A c t |
| " | Min i s t e r " means t h e Minis te r for | Lands . |
| " B e n t " | m e a n s a n d includes t he r e n t payable unde r t he | " C r o w n |
Lands A c t of 1884," in respect of a pastoral , homestead, or condit ional lease, or t h e license fee payable under the said
| 3 . I n any case where t he ren t of any lease unde r t h e | " Crown |
| Lands A c t of 1 8 8 4 " has heretofore been de te rmined , | approved, | fixed, |
or notified by t h e Minis te r a t a ra te o ther t h a n t h a t appraised, recommended, or determined by the Board, t h e holder of such lease m a y by himself or his agen t apply to t h e Minis te r in t h e form set for th in t h e Schedule here to t h a t t he proper r a t e of r en ta l which should have been and should be paid in respect of such lease m a y be de te rmined anew in accordance wi th th is Ac t . A n d in any case where
| t h e lease has been or | shal l be t ransferred b y way of m o r t g a g e | t h e |
| mor tgagor shall be ent i t led, and is hereby empowered, to m a k e | t h e |
appl icat ion as agen t for t he mor tgagee . Eve ry such appl icat ion shal l be forwarded or delivered to t h e Minis ter so as to be received by h i m n o t la ter t h a n th ree calendar m o n t h s from t h e passing of th is A c t :
| Provided always t h a t | no such appl ica t ion shal l be made in connect ion |
| wi th any lease unless r e n t for t h e c u r r e n t and all previous years of | t h e |
lease a t a r a t e no t less t h a n t h a t appra ised, recommended, or deter mined by t h e Board shall have been paid prior to t he date of such appl icat ion as aforesaid.
4. Upon a n applicat ion being received as aforesaid, the Min i s te r
shal l refer t he m a t t e r to t he L a n d Court , a n d t r a n s m i t to the Reg i s t r a r of t h e L a n d Cour t all papers in his possession conta in ing such evidence, reports , and documen t s as a rc hereinafter referred t o ; and the L a n d Cour t shall deal w i th every such reference as if t h e same were a reference by t h e Min is te r for t h e de te rmina t ion of a
| ren t unde r t h e s ix th | section of | t he | " C r o w n | Lands A c t of 1889 ," and |
as if t he appra isement , r ecommendat ion , or de te rmina t ion actual ly m a d e by the Board were an appra isement in pu r suance of t he said A c t ; and for t he purposes of such reference t he Min is te r and the L a n d Court shall have every power conferred upon t h e m respectively in respect of a reference u n d e r t h e said A c t ; and all provisions of t h e said A c t in respect of proceedings before t he L a n d Cour t shall apply to t h e proceedings u p o n any such reference, subject , however , to t h e following qualifications :—•
(I) The L a n d Cour t shall t ake in to considerat ion in any case a l l such evidence, reports , and documents , as were ac tua l ly in evidence before t h e Board, whether such reports or docu m e n t s were legally admissible in evidence or not .
| (II) | The fact t h a t a n y paper pu rpor t ing to be a deposition, repor t , or document , shal l have been t r ansmi t t ed by the Minis te r to |
| t h a t t h e same is a deposition, report , or documen t which was |
| the Regis t ra r of t he L a n d Court , shall be prima | facie | evidence | |
| ac tua l ly in evidence before t h e | Board. | |
(III) N o fur ther evidence shal l be adduced except in cases whe re
| no papers have been t r ansmi t t ed | to t he Regis t rar , or where |
| t he | depositions, | reports , | and | documents | t r ansmi t t ed | a r e |
insufficient to enable the L a n d Cour t to arr ive a t a decision.
5. U p o n the de te rmina t ion b y the L a n d Court , in pursuance of
th i s Act , of t he r a t e of ren ta l of a n y lease t h e ra te so determined shall be deemed to have been the proper ra te a t which ren ta l should have been paid unde r t he " C r o w n Lands A c t of 1 8 8 4 " from the commence m e n t of t h e lease, and to be t he proper ra te payable unde r t h e said A c t un t i l reappra isement , rede termina t ion , increase, or o ther a l te ra t ion
| of t he | rent , | in | pu r suance | of t h e | " C r o w n | L a n d s | A c t | of 1 8 8 4 " | or |
| " C r o w n Lands Ac t of 1S89" has t aken or shall t ake effect: | Provided |
always t h a t any s ta tu tory increase of the ren t in accordance wi th t he said Ac t s shal l be calculated on t h e basis of t he ra te de termined in
| pur suance of | th i s | Ac t . |
| G. U p o n | t h e ra te be ing determined t h e Minis ter shall notify |
| t he same in t h e Gazette, | and shall also notify t he a m o u n t s -which should |
| have been or should be paid as t h e | renta l from the | c o m m e n c e m e n t of |
| t h e lease u n d e r t he | " Crown Lands A c t of | 1 8 8 4 " ; and if t h e | a m o u n t |
so notified exceeds the a m o u n t ac tua l ly paid, t he difference shall , w i th in two ca lendar mon ths from t h e da te of such notification, be paid to the Colonial Treasurer by t h e holder of t h e l ease ; if t he a m o u n t so
| notified is less t h a n the a m o u n t | ac tual ly paid, t he difference, | toge ther |
wi th in teres t the reon at t he ra te of five pe r c e n t u m per a n n u m , shall , w i th in a l ike period, be refunded to t he holder of t he lease, whose receipt shall be a good and valid discharge to t he Crown as against a l l persons whomsoever . Provided t h a t n o t h i n g herein conta ined shall give t h e said holder any r igh t to re ta in t h e moneys so refunded, or a n y port ion thereof, for his own use and benefit, unless h e be otherwise
| 7. The holder of any lease who shal l have applied in | m a n n e r |
| hereinbefore | provided, shall , in | addi t ion to a n y p a y m e n t s m a d e | before |
| t h e da te of | such appl icat ion, | m a k e paymen t s | on | account of | a n y | r e n t |
fal l ing due after t h e passing of th is Ac t a t a r a t e not less t h a n t h a t appraised, recommended, or de termined by t h e Board un t i l t he proper r a t e of r en ta l shal l have been determined and notified in pur suance
| of th is Act , or | un t i l | reappra isement , | rede terminat ion , increase, or |
o ther a l te ra t ion of t he r e n t of such lease has t a k e n , or shal l t a k e effect, in pu r suance of t h e " Crown Lands Ac t of 1884," or t h e
| " C r o w n | Lands A c t of | 1889 ." |
8. I n t h e case of any lease in respect of wh ich a n appl icat ion in accordance wi th this Act , m i g h t have been lawfully made , and shall no t have been so made, and in t h e case of a n y lease in respect of which no appl icat ion can lawfully be m a d e in accordance wi th th i s Ac t , t h e r a t e of ren ta l heretofore de termined, approved, fixed, or notified by the Minis ter shall , for all purposes and as against all persons whomsoever , be deemed to have been lawfully determined, approved, fixed, or notified, and any notification or demand made in connect ion t he rewi th shall be deemed to have been and to be valid.
9. N o suit or ac t ion to obtain a refund of any sums received by t h e Crown on account of any ren t s alleged or decided to have been improper ly determined, approved, fixed, or notified by t h e Minis ter , shal l be begun , or, if begun, shall be proceeded wi th , unless and u n t i l t h e proper r a t e of r en ta l shal l have been de te rmined in pursuance of
| th i s Ac t , and a n y stich sui t or act ion, if begun , shal l be | stayed, |
| t emporar i ly or finally, as t he case m a y require , and is hereby stayed |
acco rd ing ly ; a n d in a n y such suit or act ion j u d g m e n t shal l n o t be
had , or, if had, shall no t s tand good or be enforced for any grea ter s u m t h a n m a y lawful ly be refunded in accordance w i t h th i s A c t and
| t h e costs of | such suit or act ion : Provided t h a t n o t h i n g in th is section |
| shall ex tend to t h e act ion of Alison | and | others | v. Rums | in t h e |
| Supreme Cour t | of N e w Sou th | W a l e s , or affect | any r igh t s | acqui red |
or to be acqui red by t h e plaintiffs therein.
10. I n any case where any refund is requi red to be m a d e in
| p u r s u a n c e of th i s | Act , and any sums b y way of ar rears | of ren t | or |
otherwise are due in respect of t h e lease, t he a m o u n t of such sums shall be set off agains t such refund a n d the balance shall be r e funded ; and u p o n defaul t of p a y m e n t of any sums which the Crown m a y be ent i t led to receive from t h e holder of any lease, t h e same m a y be sued for in accordance wi th t he provisions of t he for ty-ninth section of t he " Crown Lands A c t of 1889 ," and such lease shall be liable to be forfeited for thwi th by notice in t h e Government Gazette, and such forfei ture shall t ake effect, and the lands m a y be deal t w i th as if t he forfeiture were a forfeiture u n d e r the provisions of t he " Crown Lands
| A c t of 1 8 8 4 " as amended by t h e " C r o w n | Lands Ac t of | 1889 ." |
| 1 1 . | (I) | A n y exp i r ing | or | expired | pas tora l | lease in t h e | E a s t e r n |
Division shall, for t h e purposes of th i s Act , be deemed to be a lease wi th in t h e m e a n i n g of th is Act , no twi th s t and ing t h e expi ry of such lease.
(II) The person las t regis tered as t h e holder of any such expi r ing or expired pastoral lease, or his personal representa t ive , shal l , for t he purposes of th is Ac t , be deemed to be t h e holder of such lease wi th in t h e mean ing of th i s Ac t , no twi ths t and ing t h e expi ry of s u c h lease.
(III) The holder of any such exp i r ing or expired pas to ra l lease shall for t h e purposes of t h e t h i r t y - th i rd section of t h e " Crown L a n d s Ac t of 1889" be deemed to have paid u p all arrears of t h e r e n t of such pastoral lease, if h e has or shal l w i th in two m o n t h s from t h e pass ing of th is A c t have m a d e all p a y m e n t s on account of ren t a t a
| r a t e no t less t h a n t h a t appraised | or recommended | b y | t h e | Board , | a n d |
| n o t | otherwise : | Provided | always t h a t | th is | e n a c t m e n t | shal l not | be |
| deemed to absolve a n y such holder from t h e liabili ty to p a y a t | t h e |
| proper t ime a n y sums which m a y upon t h e de terminat ion of | t he | L a n d |
| Cour t or otherwise be due to t h e Crown on account of r en t . |
| 12 . | N o t h i n g in th is A c t shal l be const rued to affect | any r e n t | or |
l icense fee wh ich m a y have been or m a y be appraised, reappraised, determined, or redetermined in pu r suance of the " C r o w n L a n d s Ac t of
| 1 8 8 9 : " | and | n o t h i n g | in | section two | of | t h e | " C r o w n | Lands | A c t |
| A m e n d m e n t A c t | of 1887 " shall be cons t rued to apply to or affect | a n y |
of t h e provisions of th is Ac t .
S C H E D U L E .
"CROWN RENTS ACT OF 1890."
| NOTE. —A separate application must be made in respect of each lease or license. | The application when |
filled in is to be forwarded or delivered to the Minister for Lands.
| I | [name in full | and address], | be ing the holder of t he lease or l icense h e r e u n d e r |
| described, he reby apply t h a t t he p rope r r a t e of r en ta l which should have been | and |
| should be paid unde r t h e " Crown L a n d s Ac t of 1 8 8 4 " in respect thereof | may be |
| de te rmined in pu r suance of t h e " Crown Rents A c t of | 1890." | Pa r t i cu la r s | of | such |
| lease or l icense a r e given below— |
Description of the Lease or License.
| N a t u r e of | lease or l icense |
| Division |
| L a n d Dis t r ic t (if | a condit ional or homestead lease) |
N a m e of holding (if a pas tora l lease or occupat ion l icense)
N o .
| D a t e of | commencement |
| D a t e of | | Gazette | notification of r e n t | |
| (Signature | of | Applicant.) |
| The | Min i s t e r | for | L a n d s . |