Improvement Leases Cancellation Act 1906 (NSW)

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Act No. 42, 1906.
An Act to provide for the cancellation and forfeiture of certain improvement leases ; for the disposal of the land included in such
leases, and for the constitution of a board to
deal with such land; to amend the Grown Lands Acts; and for purposes consequent thereon and incidental thereto. [19tk Decem
ber, 1906.]

Assembly of New South Wales in Parl iament assembled, and by the the advice and consent of the Legislat ive Council and Legislat ive authority of tbe same, as follows :—

BE it enacted by the King 's Most Excellent Majesty, by and with
1. This Act may be cited as the " Improvement Leases

Cancellation Act, 1906."
2 . If within four months of the commencement of this Act

the Honorable Mr. Jus t ice Owen certifies that any improvement
lease, then current and in force, which was the 'subject of inquiry by
the Royal Commission on the administration of the Lands Department was granted or purported to be granted under circumstances evidencing improper acts or serious i rregulari ty, and that such lease should be dealt with under this Act, such certificate shall be notified in the Gazette, and thereupon such lease shall become cancelled and forfeited.
3 . On such cancellation and forfeiture, the former lessee of the

land comprised in such lease shall become the holder of a preferential occupation license thereof, and such laud shall thereupon become reserved from sale and lease general ly until such reservation is revoked in whole or in part by notification by the Governor in the Gazette.

4. (1) For the purpose of dealing with land comprised in leases so forfeited, the Governor shall appoint a board of three persons, one of whom shall be a judge of the Supreme Court, who shall preside at meetings of the board. ( 2 )
The said former lessee may within s ixty days after such cancellation make application for an improvement lease or improve ment leases or for a lease under section eighteen of the Crown Lands Amendment Act, 1903, of the said land or any part thereof.

(2) Such hoard shall inquire and finally determine—

(a)

whether any and what part of such land may be leased under an improvement lease or under section eighteen of the Crown Lands Amendment Act, 1903 ;

(b)

the term, not exceeding twenty-eight years, the rent, and the conditions of any such lease ;

(c)

whether, having regard to the circumstances surrounding the granting of the cancelled lease and the equities of the case, the former lessee should have a preferential r ight to any such improvement lease, or whether such lease should be by auction or tender;

(d)

whether, and to what extent, the former lessee should be entitled to tenant r ight as defined in section fifty-one of the Crown Lands Act, 1895, in any improvements effected during the currency of the cancelled improvement lease ;
(e) the amount of the preferential license fee for such land.

(3) The Governor may fill any vacancy in the board caused

by the death or resignation of any member.
5 . The fact that land is not of the description for which an improvement lease may be granted under section twenty-six of the Crown Lands Act, 1895, shall not of itself prevent an improvement lease of such land being granted in pursuance of the determination of the said board if, in the opinion of the said board, the said land is unfit for settlement or is not l ikely to be required for settlement during the currency of the improvement lease.

6 . Tor the purposes of such inquiry and determination the said

board—•

(a)

shall have the powers under the Royal Commissioners Evidence Act, 1901, of persons appointed by the Governor by letters patent under the great seal to make any inqu i ry ; and

(b)

may inspect or cause to be inspected any land and any improvements thereon.

7 . No claim for compensation or damages shall be made or

allowed against the Crown for any cancellation or forfeiture of a lease under this Act, or for any improvements on any land comprised in any such lease.

8 . The Governor may make regulations for carrying out the

provisions of this Act.

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Improvement Leases Cancellation Act 1906 (NSW)

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(a)	whether any and what part of such land may be leased under an improvement lease or under section eighteen of the Crown Lands Amendment Act, 1903 ;
(b)	the term, not exceeding twenty-eight years, the rent, and the conditions of any such lease ;
(c)	whether, having regard to the circumstances surrounding the granting of the cancelled lease and the equities of the case, the former lessee should have a preferential r ight to any such improvement lease, or whether such lease should be by auction or tender;
(d)	whether, and to what extent, the former lessee should be entitled to tenant r ight as defined in section fifty-one of the Crown Lands Act, 1895, in any improvements effected during the currency of the cancelled improvement lease ;

(a)	shall have the powers under the Royal Commissioners Evidence Act, 1901, of persons appointed by the Governor by letters patent under the great seal to make any inqu i ry ; and
(b)	may inspect or cause to be inspected any land and any improvements thereon.
7 . No claim for compensation or damages shall be made or