Discharged Soldiers Settlement Act 1918 (WA)

1919.] Discharged Soldiers Settlement. [No. 9.

DISCHARGED SOLDIERS

SETTLEMENT.

9' GEO. V., No. XXXIX.

No. 9 of 1919.

AN ACT to provide for the Settlement of Discharged

Soldiers on the Land.

[Assented to 3rd January, 1919.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, by

and with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:-

1. This Act may be cited as the Discharged Soldiers Set- Shortjt le

tlentent Act, 1918.

This Act is incorporated with the Land Act, 1898, and the Agricultural Lands Purchase Act, 1909, and the provi-	Incorporation
with the Land
Act.See N.S.W. No.
21 of 1916, am
sions thereof shall, subject to this Act and the regulations,	4a. Vie. No. 2916, e. 2 (3).
apply to and in respect of the lands set apart under this Act,	S.A. No. 1313,
both before and after such lands are allotted under this Act.

2.

3.	(1.) In this Act, unless inconsistent with the context	Interpretation.
See N.3.W., No.

or subject matter 21 of 1916, e.2. Vic. No. 2916, e. 2. S.A.

"Board" means the Discharged Soldiers Land Settle- ment Board constituted under this Act.	No. 1313, e. 4.
"Crown land" means Crown land as defined by the Land Act, 1898, and includes land acquired under the Agri- cultural Lands Purchase Act, 1909, and this Act.
"Dependant" means the widow, or the parent, or a child, or ex-nuptial child, or an orphan brother, or an orphan sister of a deceased person who-

(a) was a resident in the Commonwealth or the

Dominion of New Zealand ; and

No. 9.] Discharged Soldiers Settlement. [1919.

(b)	was appointed as an officer or enlisted as a member of His Majesty's naval or military forces or of the naval or military forces of the Commonwealth or the Dominion of New Zealand for service outside the Common- wealth or the Dominion of New Zealand; and
(c)	has served outside the Commonwealth or Do- minion of New Zealand with any of such forces,

if such dependant was wholly or in part dependent upon the earnings of such deceased person at any time during the period beginning twelve months be- fore his appointment or enlistment, and ending with-

(i)    the termination of his appointment, or his dis-

charge; or

(ii)    his death, in any case where (whether before or after the termination of his appointment or his discharge) he has lost his life directly or indirectly in or in connection with the present war.

"Discharged soldier" means

(a)	any person who being or having been a resident in the Commonwealth or the Dominion of New Zea- land was appointed as an officer ova enlisted as a member of the naval or military forces of the Commonwealth, or was appointed as an officer or enlisted in the United Kingdom, or in any of His Majesty's Dominions for service in His Majesty's naval or military forces, and has served in such forces in the present war outside the Common- wealth;
(b)	any person who being or having been resident in the Commonwealth was appointed as an officer or enlisted in the naval or military forces of the Commonwealth for active. service abroad in the present war, but whose service was confined to the Commonwealth, and who, in the opinion of the Board, was unable, through circumstances not within Ins own control, to serve abroad as aforesaid; and in either such case
(c)	has received his discharge, and is resident in the

Commonwealth.

1919.] Discharged Soldiers Settlement. [No. 9.

The Minister may extend the above definition to

include any person who, not being or having been resident in the Commonwealth or the Dominion of New Zealand, was appointed as an officer or enlisted as a member of the naval or military forces of the United Kingdom or of any of His Majesty's Domin- ions, and has been on active service in the said war, and has received his discharge and is resident in the Commonwealth.

"Minister" means the Minister for Lands, or other the responsible Minister for the Crown charged for the time being with the administration of this Act.

"Prescribed" means prescribed by this Act or the regu-

lations.

"Regulations" means the regulation's made under this

Act.

(2.) Any reference to discharged soldiers shall be deemed to include a reference to those dependants to whom this Act applies.

4. This Act shall apply to—. Persons to

.th LaA . et

(a) discharged soldiers whose appointments have been

terminated or who have received their discharges l'''"2°16' "I

whether before or after the commencement of this

Act;

(b) discharged soldiers who have been permitted to occupy any Crown land in anticipation of the pass- ing of this Act; and

(c) dependants who are otherwise eligible and make ap- plication for land under this Act during the pre- sent war or within two years after the termina- tion thereof : Provided that the privileges con- ferred on dependants by this Act shall not extend to more than one dependant of any deceased per- son.

Administration.

5. (1.) This Act shall, under the control of the Minister, Thcmard

-be administered by a Board to be called "The Discharged

Soldiers Land Settlement Board."

(2.) The Board shall consist of four members to be ap- pointed by the Governor, one of whom shall be a discharged soldier, and another a person not an officer iu the public ser-

vice of the State.

No. 9.] Discharged Soldiers Settlement. [1919.

(3.) The Board shall select its own chairman from the

members thereof.

(4.) The members of the Board shall hold office during

the Governor's pleasure.

In the ease of illness, inability, or absence of any member of the Board, the Governor may appoint some other person to act as the deputy of such member during the illness, inability, or absence of such member, and every person shall, while he is acting as such deputy, have the powers and may perform the duties of a member of the Board.

(5.)

Three members of the Board shall form a quorum. employed in the public service of the State shall receive such fees as may be prescribed.	(7.)	The members of the Board who are not otherwise
(8.)

(6.)

The Board shall be a body corporate with perpetual succession and common seal, and shall be capable in law of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(9.) The proceedings of the Board shall be conducted as

prescribed by regulations.

Duties of

Board. 6. (1.) The duties of the Board shall be

(a)	To investigate, with power to take evidence on oath, the qualifications of each discharged soldier who has registered his name in the prescribed manner, and, if satisfied that he possesses the necessary qualifications, to issue a certificate to that effect.
(b)	To inquire into applications from discharged soldiers or their dependants who may desire to settle on the land or to avail themselves of any of the provisions of this Act.
(c)	In the event of there being more than one applica- tion from discharged soldiers or their dependants for land open to selection under this Act, to decide to which of the applicants the block shall be allot- ted.
(d)	To recommend to the Agricultural Bank what assist- ance shall be given and advances made to appli- cants under this Act.
(e)	To do such other things as may be authorised by this Act or by regulations made thereunder.

(2.) The Board may delegate their powers under para- graphs (a), (b), and (c) of subsection (1) to any persons ap- proved by the Minister, and may accept and act on the report of such persons.

1919.] Discharged Soldiers Settlement. [No. 9. 149

7. The Governor may from time to time, appoint such in- am..

spectors, valuers, and other officers as may be necessary for

the effectual execution of this Act.

Ordinary tenures.

8. (1.) The Minister may, with the approval of the Gov- ernor, by notification in the Gazette, set apart any areas of	set apart for
Areas may be
selection by
discharged
soldiers.
Crown land, including land in a townsite, for the purpose	See N.S.W. No. 21 of 1916, s. 3.
of being disposed of under "The Land Act, 1898," to dis-	Vic. No. 2916. s. 5. S.A. No.
charged soldiers exclusively:	1313, s. 6.
Provided that the Governor may grant or demise town- site allotments to discharged soldiers on such terms and con- ditions as may be prescribed.

(2.) Any notice under this section may be amended or re-

voked by a like notice.

(3.)

Save as otherwise expressly provided, the provisions

hereinafter contained shall not apply to land set apart.under

this section.

Special tenures.

9. (1.) Any discharged soldier desiring to apply for land @eugfleesvw,

under the following provisions of this Act shall apply to the see Vie. No.	2016, s. 8.
Board for and obtain a certificate (called in this Act a qualifi- cation certificate) that such discharged soldier is physically fit and suitable as a settler, or may prove after training to be suitable.
(2.) The Board shall consider the application, and may grant or refuse a certificate or adjourn the application for Further consideration.

10. (1.) The Minister may, with the approval of the Gov- ,,prieefloari a Tv.

rnor, by notification in the Gazette, set apart any area of went ofe c

arg ed sol -

Drown land for the purpose of being disposed of under this r N.S.W.

Act to discharged soldiers in the manner hereinafter pro- 21 of Vie. No. 2916,

O s. 4:

vided.	a. 6.
S.A. No. 1313,

(2.) Any notification under this section may, in like man- 8. IL

ler, be amended or revoked.

The land so set apart may be subdivided into such docks as the Minister determines, and such land or the sub- livisions thereof may be disposed of under and subject to the "'and Act, 1898, or the Agricultural Lands Purchase Act, [909, with such modifications as are prescribed by regulations ender this Act :

(3.)

No. 9.] Discharged Soldiers Settlement. [1919.

Provided that the Minister may allow payment of the instalments of the price of land, including the value of im- provements, to commence at any time not later than five years from the commencement of the conditional purchase lease, and the term thereof may be proportionately extended.

(4.) The power of resumption conferred on the Gover- nor by section four of the Land Act Amendment Act, 1906, may be exercised to enable the land so resumed to be disposed of to discharged soldiers for agricultural, grazing, or past- oral purposes, whereupon the pastoral lessee shall be entitled to compensation for loss or damage. sustained thereby.

Price of land. 11. (1.) The price, as fixed under the provisions of the Land Act, 1898 (exclusive of the value of improvements, if any, and survey fees), of Crown land acquired by a dis- charged soldier

(a) under this Act; or

(b) before the commencement of this Act

shall be reduced by one-half ; and any discharged soldier who, at the time of his appointment as an officer or enlistment as a member of the forces, was the holder of a conditional pur- chase lease under the Land Act, 1898, shall not, as from the date of his appointment or enlistment, be required to pay more than one-half of the balance of the purchase money (ex- clusive of the value of improvements, if any) payable in re- spect of his holding, and one-half of the amount of the in- stalments of purchase money paid by him prior to his ap- pointment or enlistment (exclusive of the value of improve- ments, if any) may be applied towards the payment of such balance of the purchase money.

Provided that any transfer of the land otherwise than to a discharged soldier, or in the case of a deceased soldier, the surviving relation that in the Board's opinion is most de- serving of consideration, shall be subject to the payment by the transferee of the instalments of the price of the land in full, less so much as may have been already paid, and after any such transfer the conditions of the holding shall, so far as practicable, revert to the ordinary conditions:

Provided, also, that this section shall not apply to land acquired by the Crown under the Agricultural Lands Pur- chase Act, 1909, or otherwise for settlement.

Rent ot pas- 12. Payment of the rent of a pastoral lease granted to

torsi /eases ma Y

be remitted. a discharged soldier may, for the first five years of the term,

be remitted, but this shall not apply to an area of more than

one hundred thousand acres.

1919.] Discharged Soldiers Settlement. [No. 9.

13. (1.) The Board may (with the approval of the min ister) clear, drain, grade, sow, plough, fence, or erect buildings	Preparing land for settemertt.
vie. No. 2916,

on or otherwise improve any land set apart for the settlement 9.15.

of discharged soldiers, or disposed of to discharged soldiers:

(a)	prior to disposing of it in allotments ; or
(b)	any time after the land has been disposed of under conditional purchase lease or as a homestead farm, but not after the end of the third year from the commencement of the conditional purchase lease or occupation certificate; or
(c)	any time prior to the land being re-allotted after for-

feiture to the Crown.

(2.)

The amount of the cost incurred by the Board under paragraph (b) of subsection (1) of this section shall be chavred to the selector and shall, in the discretion of the Board, be repaid by the selector, as money advanced by theb Board, in one sum or in not more than fifty equal half-yearly instalments with interest thereon at the prescribed rate: Pro- vided that the Board may, with the approval of the Minister, subject to the payment of interest, postpone the instalments of principal for not exceeding five years.

The amount of the cost incurred by the Board under paragraphs (a) and (c) of subsection (1) of this section may, with the approval of the Minister, be added to the value of the allotment, or treated as an advance and repaid as pro- vided in subsection two.

(3.)

14. In considering applications by discharged soldiers for Assistance to settlers to erect

[and under this Act, the Board shall take into consideration pur-

chase of

the advisability of assisting applicants with. respect to any of . of stock,	et.
See N.S.W. No.
the following matters—	2/ of 1916, a. 7.
Vic. No. 2910,
s. 0.

(a) the clearing, fencing, supplying with water, drain- S.A. No. 1312, s. 10.

ing, grading, preparing for irrigation and general improvement of the land in respect of which the ap- plication is made;

(b)

the erection of buildings on any such land and the

provision of household furniture and effects ; and

(c)

the purchase of implements, live stock, seeds, plants, trees, and such other things as are deemed neces- sary for the successful occupation and cultivation of the land.

No. 9.] Discharged Soldiers Settlement. [1919.

Advances by	15. (1.) The Agricultural Bank may, under the provisions
Agricultural
Bank.

See Vie. No.	of the Agricultural Bank Act, 1906, on the recommendation of
2916, s. 10.	the Board and for the purposes aforesaid, make advances to a discharged soldier to whom land has been disposed of under this Act, or who has been permitted to occupy any Crown land in anticipation of the passing of this Act, or to whom the privileges conferred by this Act have been extended under section twenty-one.

The rate of interest per annum for such advances to an amount of not exceeding five hundred pounds shall not exceed three and one-half per centum for the first year, four per centum for the second year, and so on, the rate increasing by not more than one-half per centum for each subsequent year until the rate reaches the ordinary current rate of in- terest of the said bank for the time being:

(2.)

Provided that the difference between such reduced rate of interest and the current bank rate of interest shall be paid to the Agricultural Bank out of the moneys appropriated to the purposes of this Act.

Security for

advances. 16. (1.) All moneys advanced by the Board or the Agri-

See Vic. No. cultural Bank under provisions of this Act, with interest s. 11 (3).

thereon shall, until repaid, be and remain a charge on the land; crops, and chattels of the discharged soldier to whom such advances are made.

See Vic. No. (2.) Such lands, crops, and chattels, so long as the same continue charged as security for such advances, shall not without the consent of the Board or the Agricultural Bank as the case may be, be alienated except in the exercise of thE powers of the Board or the Agricultural Bank, or be sub ject to be attached, levied or distrained upon, or taken it execution.

2916 s. /2 (2).

The Bills of Sale Act, 1899, shall not apply to th( charge on the crops and chattels of a discharged soldier uncle] the provisions of this Act, but a register shall be kept in th( office of the Agricultural Bank in Perth of all persons tc whom advances have been made, and such register shall b( open to public inspection.

(3.)

be stopped or	Advances may 17. Where the trustees of the Agricultural Bank are o
recalled. N.S.W. No. 21opinion that any money advanced under this Act has not beef of 1916,s.7./. applied to the purpose for which it was advanced, or has beef

expended in a careless or extravagant manner, or that th,

1919.] Discharged Soldiers Settlement. [No. 9.

borrower's holding or his live stock, implements, or other chattels are being neglected, the trustees may refuse to make any further advances to a borrower, and may require the re- payment by him forthwith of all advances then already made, and in default of payment the bank may enforce its security; but before any such action be taken by the trustees, the Board must be consulted and its approval obtained; any difference of opinion between the two bodies to be referred to the Min- ister, whose decision shall be final.

(1.) The Governor may set apart allotments of Crown land within townsites, or of not more than ten acres outside	Power to re-
serve sites for
lings for dis-
building dwel-
townsites, for the purpose of the erection thereon by means of	charged soldiers
by voluntary
voluntary efforts and labour and public or private subscrip-	effort.
See Vie. No.
tion of buildings for discharged soldiers, and the Minister	2916, s. 4.
may permit or cause buildings to be erected thereon.
(2.) After the erection of any such building the Minister may permit any person or body of persons, corporate or un- incorporate, approved by him, to allow any discharged soldier to occupy such allotment and the buildings thereon, and at any time upon the recommendation of the said person or body of persons to the Minister, the Governor may grant to a dis- charged soldier the allotment on payment of such price (if any) as may be charged for the land, and subject to such con- ditions, exceptions, and reservations as the Governor thinks fit.

18.

19. (1.) The Minister may, by notification in the Gazette, Group settle- ment.

set apart for sale any Crown lands as a settlement for a group	N.S.W. No. 21 of MO, s. 96.
of discharged soldiers, stating the prices and the terms and conditions of the sale of such lands. Any notification under this section may by a like notification be amended or revoked.

Such settlement shall be subdivided into blocks of

such areas as the Minister may determine, and shall be called

"home maintenance areas."

(2.)

After a discharged soldier joins a group, the Board, ton being satisfied as to the fitness and suitability of such soldier, may, in its discretion, allot him a block in the settle- ment.

(3.)

Each allotment shall be subject to such conditions as the Board may prescribe, and shall not until confirmed as hereinafter provided confer a right of ownership either to the land or any improvements thereon. 'Where the Board is dis- satisfied with any discharged soldier to whom a block has been allotted on account of his not complying with the condi-

(4.)

No. 9.] Discharged Soldiers Settlement. [1919.

tions of such allotment, it may cancel the allotment any time prior to the confirmation thereof. Such soldier shall not be entitled to any compensation whatsoever in respect to such cancellation.

(5.)

Within twelve months from the date of allotment the Board, if satisfied with the fitness and suitability of the soldier, may confirm the allotment, and the title of the holding shall commence from the date of such confirmation as notified in the Gazette.

(6.) A conditional purchase lease or occupation certifi- cate may thereupon be issued, and the Crown grant of the land shall be issued upon the Board being satisfied that the conditions attaching to the block have been fulfilled, and the purchase money paid.

(7.)

The Agricultural Bank is hereby authorised to make such advances as it may deem necessary to discharged soldiers occupying blocks under the authority of this section, and all moneys so advanced shall be and continue a charge on the block before and after the issue of the grant.

parent or re- Application of 20. (1.) A parent or relative of a soldier or sailor on

lation.	See N.S.W. No.	active service abroad with the Australian Imperial Forces,
4d.	21 of 1916, a.	or with any other naval or military forces raised in the Com- monwealth by the Minister for Defence, or any other person acting with the authority of such soldier or sailor, may make application on his behalf for any land available under this Act, and such application may be approved subject to the soldier or sailor on whose behalf the application is made re- ceiving a qualification certificate within six months of the date of his discharge.
(2.) In the event of the death of such soldier or sailor before entering into occupation of the holding, or of his in- ability or unwillingness to occupy and work the holding within such period after his discharge as the Board may deem rea- sonable, or if in the opinion of the Board he has become dis- qualified to make an application under this Act, the holding shall be forfeited.

zaddigoinn:iry soldiers may, on the recommendation of the Board, be ex-	telticag.::holdf 21. The privileges conferred by this Act on discharged
turase hold- tended by the Minister to any discharged soldier

(a) who is the holder of land for an estate in fee simple, or a conditional purchase lessee under the Land Act, 1898, or

1919.] Discharged Soldiers Settlement. [No. 9.

(b) to whom a conditional purchase lease under the said

Act has been duly transferred.

22. The Minister may, on the recommendation of the Acquisition of

Board, purchase, on behalf of the Crown, any alienated land, private awnletih to	including land held under pastoral lease, which a discharged under this Act.
soldier holding a qualification certificate may desire to acquire under this Act, and the land so purchased may be disposed of under and subject to the provisions of this Act.

23. (1.) The Minister may— Training Frms.

(a) provide and maintain training farms to enable dis- g.siri.oNos:

charged so diers to acquire the knowledge requisite 9e. l

for agricultural, horticultural, viticultural, or dairying pursuits, pig raising, or poultry farming, and to test their aptitude therefor; and

(b) appoint the necessary officers and servants for the purpose, or make such arrangements with the own- ers of farms for carrying out the purposes afore- said as are expedient.

(2.) The terms and conditions on which discharged soldiers shall be received on such farms shall be such as the Minister may determine.

24. Where any person or body of persons corporate or Application of

unincorporate has settled or proposes to settle discharged Algi dsizo-b

soldiers on private lands on terms and conditions approved cg Lent. n m i

soldiers in respect of such land.

by the Board any of the provisions of this Act shall, if the 11■162ale.'sf,

25. (1.) No lease, occupation certificate, or grant of land Mrotion

acquired by a discharged soldier under this Act shall be right of

transferred, assigned, sublet, leased, mortgaged or encum- 21 of pm, s. 10.

bered except with the consent of the Minister, on the recom- mendation of the Board and subject to such conditions, if any, as the Minister may think fit.

(2.) Such consent shall not, for a period of five years from the . date of commencement of title to the holding, be given to a transfer, assignment, lease or sublease to any per- son who is not a discharged soldier, unless it is proved to the satisfaction of the Board that there is no discharged soldier willing to acquire the holding and capable of working it.

No. 9.] Discharged Soldiers Settlement. [1919.

Improvements

in case of land 26. The improvements on land acquired under the Agri-

acquired under cultural Lands Purchase Act, 1909, or section twenty-two of

the Agricul-

tural Lands this Act, and disposed of under this Act, may be valued separ-Purchase Act.

2916, s. 13. See Vie. No. ately from the land, and may be the subject of an advance

for improvements under this Act, and for the purpose of such advances shall be deemed to have been effected by the discharged soldier to whom the land is disposed of.

Power to ex-	27. The Governor may extend the provisions of this Act
tend Act to

advances made to advances made before the commencement of this Act in

before the coin-

mencement furtherance of any scheme for the settlement of discharged

thereof.

soldiers on the land.

Financial.

Financial	28. (1.) The moneys required for the purposes of this Act
See

2916, s. 26. See Vic. No. shall be paid out of moneys appropriated by Parliament to

the purposes of this Act.

The Governor may, under and subject to the Gen- eral Loan and Inscribed Stock Act, 1910, raise such sums of money, not exceeding in the aggregate fifty thousand pounds, as may be required for the purposes of this Act.

(2.)

(3.) Advances by the Agricultural Bank may be made out of moneys appropriated by Parliament for the purposes of the Agricultural Bank Act, 1906.

(4.)

The moneys to be appropriated under this section

shall include such moneys as are provided by the Common-

wealth for the purposes of this Act.

Regulations.

Regulations.

See Vie. No.	29. The Governor may make such regulations as may be and for better effecting the objects of this Act, and by such regulations may remit the registration and other fees pay- able under the Land Act, 1898, the Transfer of Land Act, 1893, the Agricultural Bank Act, 1906, or otherwise.
2916, s. 39.
S.A. No. 1313	necessary or convenient for carrying out the provisions of
s. 16.

Annual Report.

Annual Report. 30. (1.) The Minister shall, within two months after the

See N.S.W. No. end of each financial year, cause to be prepared a report21 of 1916, a.

11. No. 2916, showing, for the previous financial year—

& 38.	S.A. No. 1313,	(a) the aggregate areas of land set apart under this Act;
s. 17.	(b) the number of applications received for such land, and the number of blocks and the aggregate area allotted;

1919.] Discharged Soldiers Settlement. [No. 9.

(c)	the amount expended in preparing allotments for settlement and in assisting discharged soldiers under this Act; and
(d)	such other particulars as are prescribed.

(2.) Every such report shall be laid before Parliament within thirty days after the receipt thereof by the Minister if Parliament is then in session, and if not, then within thirty days after the commencement of the next ensuing Session.