A c t No. 3, 1909.
| A n | A c t | t o | dec l a r e | t h e | l a w | w i t h | r e s p e c t | t o | t h e |
| r e v o c a t i o n | of | r e s e r v a t i o n s | a n d | w i t h | r e s p e c t |
| t o | p re fe ren t i a l | o c c u p a t i o n | l i c e n s e s | u n d e r | t h e |
| I m p r o v e m e n t | Leases | (Cancellation Ac t , | 190(5; |
| t o | v a l i d a t e | t h e | s e t t i n g | a p a r t | of | a n d | appl ica |
| t i o n s | for | c e r t a in | l and | u n d e r | t h e | C r o w n | L a n d s |
| A c t s , a n d | t h e | conf i rmat ion | of t h e | s a m e ; | a n d |
| for | p u r p o s e s | c o n s e q u e n t | t h e r e o n | or | inc i |
| d e n t a l | t h e r e t o . | [1st | October, | 1909.] |
| Assembly of New South Wales in Pa r l i amen t assembled, and by the | BE it enacted by the K i n g ' s Most | t he advice and consent of t he Legislat ive Council and | Legis la t ive |
| Exce l l en t | Majes ty , by and wi th |
au tho r i t y of t he same, as follows :—
| 1. This Ac t | may | be | cited | as | the " I m p r o v e m e n t | Leases |
| Cancel la t ion | (Declara tory) | Ac t , | 1909 . " |
| 2. | N o t w i t h s t a n d i n g | any | Acts , and | no twi ths t and ing | any | decision |
which has been given by any court , the revocation in pu r suance of t h e I m p r o v e m e n t Leases Cancellat ion Act, 1903, of any reservat ion of land from sale or lease shall he deemed to have t aken effect on t h e date of t he notification revoking such reservation ; and any se t t ing a p a r t under the Crown Lands Acts of any such land for sale or lease shall be deemed to have been and to be valid.
The fact t h a t applications unde r the Crown Lands Acts for t h e sale or lease of any such land were made before t he expi ra t ion of s ixty days after any such notification of revocat ion shall not affect t he val idi ty of any such applicat ions, and any confirmation of t he same shall be deemed to have been and to be valid.
| license unde r the I m p r o v e m e n t Leases Cancellat ion Act , 1906, in respect of any occupation pr ior to the expira t ion of s ixty days af ter t h e revoking of any such reservation as aforesaid of any land the subject of t he decision of the High Cour t of Aust ra l ia in t he m a t t e r of t he appeals of the Minister for Lands and others against the Bank of N e w South Wales and Scott and o t h e r s ; such occupat ion being such as would have been wrongful hut for the passing of th i s A c t : | Provided |
3 . N o t h i n g in this Ac t shall affect any claim which may be
| m a d e agains t t h e Crown by a n y holder | of a preferent ia l | occupation |
Provided t h a t such c la im is made in wr i t ing by such holder,
| addressed | to t he Min i s t e r | for | Lands , wi th in | two m o n t h s after | t h e |
| c o m m e n c e m e n t | of | th i s | Act . |
| 4 . T h e | provisions of | t he Crown | Lands | Acts | r e l a t ing | to |
preferential occupat ion licenses shall be deemed to have applied a n d shall apply to a n y preferent ia l occupat ion licenses created by section
| th ree | of | t h e | I m p r o v e m e n t | Leases | Cancel lat ion | Ac t , | 1906. |