Land Act 1898 (WA)

Land </Mt, 181)8.

(62 Viet., No. 37.)

ARRANGEMENT 0 SILO' IONS.

PART I. 29. Exemption from fencing in certain

INTRODUCTORY AND GENERAL PROVISIONS. cases.

30. Extension of time for fencing and

1. Short title. Commencement and

division. improvements in certain cases.

2. Repeal. 31. Where death or lunacy occurs before

3. Interpretation.	completion of fencing and improve-
4. Crown lands may be disposed of accord- ing to provisions of this Act. Effect	ments.

32. Forfeiture for non-compliance with

of instruments. 5. Land may be exchanged. conditions.

33. Forfeited land how dealt with.

6. Land may be granted or leased to 34. Restrictions upon public officers ac-

aborigines. 7. Districts, counties, parishes, towns, quiring, Crown lands.

35. Restriction as to age.

and villages may he defined, can-	36. Names of lessees, etc., to he gazetted.
celled, extended, altered, or divided	37. Appeal to Governor.

by proclamation. 8. Suburban lands.

9. Certain lauds may be resumed.

10. Governor may waive penalty. PART II.

11. Minister for Lands and Department of Lands and Surveys. Minister may DIVISION 0P THE COLONY.

38. Divisions.

appoint agents. 12. Signature and date of Crown grants.

13. Signature of instruments.

14. Surveyor's name to be attached to PART lIT.

Crown grants.

15. Reservations in grants. See Land RESERVES.

Act, 1891 (Victoria), s. 11. 1st, 2nd,	39. Governor may make reserves.
and 3rd Schedules.	-to. Reserves to be notified in Government

16. Fee on Crown grants. Permit to occupy. 4th and 5th Schedules. Gazette.

41. Governor may change purpose of any

17. Priority of applications. Proviso. reserve.

18. Priority by lot. 42. In whom reserves may be vested.

19. Applications. Shape. Boundaries. Thirty-third Schedule.

Irregular sections. 43. Reserves may be placed under Board

20. Applications for surveyed lands.	of Management. Board may make
21. All applications subject to approval of	by-laws. By-laws to be laid before
Minister. 22. I.) Minister may order surveys of	Parliament

Land within a common may be dis-

Crown lands and lands reserved posed of by conditional purchase.

for town and suburban lots. 45. Temporary reserves.

(2.) Surveys to be under direction of 46. Reserves to be /narked on the maps of

Surveyor General. the Colony.

(3.) Plans to be made, and such plans or certified copies to be evidence.

23. Loss of leases, etc., and amendment of defective descriptions. PART IV.

24. If the survey varies from the applica- tion, how to be dealt with. PURCHASES BY AUCTION-TOWN AND

25. Minister may insert special clauses SUBURBAN LANDS.

and grant limited right to timber. 47. Town, suburban, and village lands to

26. Right to enter upon lands to make be sold by auction. 6th Schedule.

surveys. 48. Sale by auction to be notified in

27. Land of insolvents to be sold for benefit Government Gazette. Special con-

of creditors. ditions may be imposed.

28. Date of conditions when land is not 49 Terms and conditions of sale to be

surveyed. read.

Land Act, 1898.

50. Payment of purchase money. Pro- vision for earlier payment of pur- 62. Pastoral lessees in others than the S.W. Division may obtain land by

chase money. conditional purchase, subject to 63. Restriction on alienation of Crown Lands in Kimberley, N. W., W., E., and Eucla Divisions.

51. Conditions relating to suburban lands.	special conditions.
52. License to occupy. 7th Schedule.

64. Conditions under which land is held may be changed in certain cases.

PART V. 65. Lands held under Clause 49 of Land Regulations of 1887.

CONDITIONAL PURCHASES-AGRICULTURAL 66. Portion of improvements may be dis-

LANDS. pensed with in certain cases.

Agricultural Areas. 67. Close settlement.

53. Agricultural Areas may he set apart. Land to be surveyed before selection

54.	Survey may be dispensed with in PART VI.
certain eases. CONDITIONAL. PURCHASES-GRAZING LANDS.

55. Conditional purchase with residence.

(I.) Price. 68. Governor may declare certain lands in

(2.) Maximum and minimum areas the S.W., Eastern, and Eucla

allowed. Divisions open for selection as graz-

(3.) Application be accompanied by ing leases.

deposit of rent. 8th and 9th	(1.) Price.
Schedules. Lease.	(2.) Maximum and minimum areas

(4.) Residence. allowed.

(5.) Fencing and improvements. (3.) Application to be accompanied by

(6.) Conditions precedent to issue of deposit of rent. lath and 14th

of Crown grant. Schedules.

(7.) Additional applications. (4.) Lessee to pay half-cost of survey.

56. Conditional purchase without resi- (5.) Residence.

dence. (6.) Residence on other land within

57. Conditional purchase by direct pay- 20 miles of lease.

ment. (7.) Fencing and improvements.

(a.) Price. (S.) Conditions precedent to issue of

Crown grant.

(2.) MaXiADIDD and minimum areas

allowed. (g.) Additional applications.

(3.) Application to be accompanied 69. Pastoral lessee in occupation to have

by deposit. 10th and 11th	prior right to grazing lease.
Schedules. License.

(4.) Payment of balance of purchase

money. PART VII.

(5.) Fencing and improvements.

(6.) Conditions precedent to issue of CONDITIONAL PURCHASES-POISON LANDS.

Crown grant. 70. Definition of "Poison land."

(7.) Additional applications. 71. Governor may declare poison lands,

58. Land in agricultural areas may also be disposed of under other condi-	open for selection and, after inspec-
tion. Minister may issue lease.

tions.

(L) Price.

(2.) Maximum and minimum areas

allowed.

Agricultural Lands *outside of Agricultural (3.) Application to be accompanied by

Areas. deposit of rent. 15th and 16th

59. Certain lands may be declared open. Schedules.

60. Lands for vineyards, orchards, and (4.) Lessee to pay cost of survey.

gardens. (5.) Fencing and improvements.

(I.) Price. (6.) Conditions precedent to issue of

(2.) Maximum and minimum areas Crown grant.

allowed. 72. Pastoral lessee to have prior right to

(3.) Application to be accompanied by Poison lease.

deposit. License.

(4.) Payment of balance of purchase

money. PART VIII.

(5.) Fencing and improvements.

(6.) Conditions precedent to issue of FREE HOMESTEAD FARMS.

Crown grant. 73. Governor may order that certain lands

(7.) Additional applications. shall be available for homestead

6 Pastoral lessees in S.W. division may obtain land by conditional purchase,	farms. Parts V. and IX. of this
Act to also apply to such lands.

subject to special conditions. 12th 74. Application for homestead farm limy

Schedule. be made.

Land Act, 1898.

75. Statutory declaration to be made by applicant. 17th and 18th Schedules. Enda Division.

93. Pastoral leases, Enda, Division.

Fee of £1 to be paid. Effect of

application. Norik-West Division.

99. Pastoral leases, North-West Division.

76. Time allowed for taking possession.

Condition of residence. Penalty for Eastern Division.

not taking possession. 97. Pastoral leases, Eastern Division.

77. In ease of illness and other valid reason absence allowed. Kimberley Division.

78. Improvements required to he per- formed before issue of Crown grant.	iks. Pastoral leases, Kimberley Division.
99. Frontage Blocks.

79. Forfeiture of homestead farm by non- compliance with conditions. Reduction of Rent Tbr Stocking.

80. Certain assignments before issue of Crown grants void. Provision in 100. Lessees in Kimberley and part of South-West Divisions to have reduc-

case of permit to occupy being tion of rent if land is stocked, etc.

issued. 81.. When and on what conditions a Crown	Penalty for Novi-Stocking within Jive years.
101. Penalty for non-stocking.

grant shall issue.

82. Crown grants may be obtained after twelve months' residence on certain Pastoral Leases withia Goldfields and Mining

Districts.

conditions. 102. Terms and acreage of pastoral leases

83. Applicant for homestead farm may apply for additional land under land	within goldfields and mining, dis-
tricts.

laws in force for the time being. Genera/ C'enditions of Pastoral Leases.

81. Governor may declare village sites.	103. Duration of leases.
85. Holder of homestead farm may select an allotment in a village. 19th and	104 Pastoral leas is under previous Regula- tions may be surrendered.
20th Schedules. 86. Selector may obtain Crown giant.	105. Position of leases to be approved by

Minister.

106. Pastoral tenants have no right to soil or timber.

107. Power to sell portions of leases, to make roads, cut timber, etc., thereon.

PART IX. 108. Permission to ring,bark, and penalty

WORK/NG MEN'S BLOCKS

for unauthorised ring,barldng by

lessee.

87. Governor may set apart certain n ]ands

for working men's blocks. 109. Notice to be given pastoral lessees

88. Certain persons entitled to leases of working men's blocks.	before agricultural areas are with-
drawn from lease. Forfeited lands

( I.) Price.

to be restored to pastoral lease.

(2.) Maximum area allowed.

(3.) Application to be accompanied by

deposit of rent. 21st and 22nd

Schedules.

PART XI.

(4 ) Residence.

(5.) Fencing and improvements. TIMBER LANDS.

(6.) Conditions precedent to issue of Timber and other Licenses.

Crown grant. 110. Power to issue licenses.

89. Minister may waive forfeiture for non- residence in ease of illness, etc.	(t.) Timber license.
(2.) Wood-cutter's and Charcoal license.
90. In certain cases lease may be trans- ferred or mortgaged with Minister's	(3.) Sandalwood license.
(4.) Wattle-bark license.

approval.

(5.) Bark and gum licenses.

(6.) Fees for licenses. 34th and 31st

Schedules.

Licenses to cut Piles, Poles, and Balks.

PART X. 111. Licenses to cut piles, poles, and balks.

PASTORAL LANDS. Timber Leases.

91. Pastoral leases may be granted. 112. Power to grant timber leases. Bound-

02. Application to be accompanied by deposit of rent. 23rd and 24th aries to be surveyed.

113. Application for lease. 32nd Schedule.

Schedules.

114. Rent of timber lease.

115. Term of timber lease. Maximum area.

South-West Division. 110. Timber licenses under Regulations of

93. Pastoral leases, South-West Division.

1887 not to be renewable but may

be replaced by leases.

Western 117. Position of timber leases to be ap-

94. Pastoral leases, Western Division. proved by Minister.

Land Act, 1898.

118. Requirements of lease. bnprovemosts.

119. Farmers, etc., may be granted permits to cut timber on timber area. Lessee 145. Payment for improvements. Defi- nition of improvements.

may require persons to produce 146. Minister to pay for improvements in

licenses or permits. certain eases.

120. ( IA Saplings, etc., to be protected. Minister may replant cleared por- 14.7. Improvements on lands to be paid for by conditional purchaser.

tions. (2.) Area not to be cultivated without 148. Value of improvements to be deter- mined by arbitration.

permission. Exception. (1.) Arbitrators to be appointed.

(3.) Licenses not required. (2.) Pastoral lessee to be n. tified of

121. ( 1 .) Lessee may construct railways, application. Selectors to be

etc. notified of lessee's claim.

(2.) Lessee may use buildings, etc., ou (3.) Selector may refuse to pay. Date

abandoned area. of arbitration to be fixed by

122. Transfer and mortgage. Minister.

123. Lessee may surrender the whole or any portion of his lease. (4.) Meeting of arbitrators. Amomit

of award to be paid within

124. Pastoral and timber leases may be granted over same land. thirty days.

(5.) Party in default to be bound by

Selection and purchase within Timber Leases. arbitrator attending.

125. Selection within timber lease.	(6.) Costs.
126. Power to resume any portion of lease on which no marketable timber	(y.) Removal of improvements.

149. Applicant can take possession of land

exists. on receipt of approval.

127. Roads and railway routes to be pro- Special Occupation and Immigrants' Lands

vided for. under previous Regulations.

General Provisions as to Timber, etc. 150. Special occupation lands under previous

128. Timber and wood cut, but not remov- ed, to revert to Crown. regulations.

151. Immigrants' lands under previous

regulations.

129. Licenses revocable for non-observance

of conditions. Special Leases.

130. Penalty for unlicensed cutting,

131. Summary recovery of fines. 152. Governor may grant leases for special

132. Right of appeal. purposes. 28th and 29th Schedules.

133. Incorporation of parts of Shortening 153. Town, suburban, and village lands

Ordinance. may be leased.

Licenses fir Quarrying.

154. License for quarrying, etc., but not on

PART XII. goldfield or in mineral district. 30th

MISCELLANEOUS PROVISIONS. Schedule.

134. Service of notices. Declarations and Returns.

Trespass. 155. Proof of residence and improvements.

135. Penalty for trespass. Pri»td facie 156. Returns of stock and improvements.

trespassers to prove authority. 157. Statutory declarations.

Rents. Auctions.

136. Rents. Forfeiture for non-payment. 158. Auctioneer may sell without license.

137. Rent list to be published half-yearly. Cominunications to be addressed to the

Mortgages. Under Secretary for Lands.

138. Leases and license may be mortgaged. (IL Memorandum 159. Communications to be addressed to the

of mortgage. Under Secretary for Lands.

Twenty-fifth Schedule.

(2.) Mortgage must be registered. leo VMS of Crown Grants and other

(3.) Fee. Instruments.

(4.) Mortgage may be transferred. 160. Form of Crown grants and other

(5.) Lease or license to be produced. instruments.

139. Meat of mortgage. Regulations.

140. Right of mortgagee. 161. Governor may make regulations.

141. Transfer on sale. Copy of Regulations to be laid before

Transfers. Parliament.

142. Transfer of leases and licenses. 27th Schedule.

143. Form of transfer fee, etc. 26th SWIRL U LES.

Schedule.

144.

Transfer of pastoral leases and

licenses.

aUeztern Rurtrat►a.

ANNO SEXAGESIMO SEGUNDO

VICTORI IF, REGI

*******fliva********************0**************.********

No. XXXVII.

AN ACT to consolidate, and amend the Laws relating to the Sale, Occupation, and Manage- ment of Crown Lands, and for other pur- poses.

[Assented to, 2gth October, ig9g.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice awl consent of the Legislative Council and ment assembled, and by the authority of the same, as follows: — BE it enacted by the Queen's Most Excellent Majesty, by and

PART I.—INTRODUCTORY AND GENERAL PROVISIONS.

1. THIS Act shall be called and may be cited as the Land Act,

subjects :-

1898, and shall come into force on the first day of January, Short title.

1899 (which clay shall be referred to as the commencement of this Commencement and

PART I.—INTRODUCTORY AND GENERAL PROVISIONS.

PART II.—DIVISIONS OF THE COLONY.

PART III.—RESERVES.

62° VICTORIX, No. 37.

Land Act, 1898.

PART IV.—PURCHASES BY AUCTION, TOWN AND SUBURBAN

LANDS.

PART V.—CONDITIONAL PURCHASES, AGRICULTURAL LANDS.

PART VI.—CONDITIONAL PURCHASES, GRAZING LANDS.

PART VIE—CONDITIONAL PURCHASES, POISON LANDS.

PART VIM—FREE HOMESTEAD FARMS.

PART IX.—WORKING MEN'S BLOCKS.

PART X.—PASTORAL LANDS.

PART XI.—TIMBER LANDS.

PART X11.—MISCELLANEOUS PROVISIONS.

2. THE several Acts and Regulations specified in the Schedule

Repeal.

hereunder, to the extent to which the same are thereby expressed to

be repealed, are hereby repealed, Ariz. :—

Year and Number. Title. Extent of Repeat

36 Viet., No. 8 The Waste Lands Unlawful Occupation Act, The whole.

1872.

42 Viet., No. 4 An Act to amend the Waste Lands Unlawful The whole.

Occupation Act, 1872,

55 Viet., No. 3	The Mineral Lands Act of 1892 ...	Part VII.
56 Viet., No. 3	An Act to amend the Land Regulations pro-	The whole.

claimed on the 2nd March, 1887.

57 Viet., No. 18	The Homesteads Act, 1893	The whole.
58 Viet., No. 9	The Homesteads Act Amendment Act, 1894 ..	The whole.
The Land Regulations proclaimed on 2nd March,	So much as is

1887.

not already

repealed.

The Land Regulation proclaimed on 17th July, The whole.

1890.

Regulations under the Homesteads Act, 1893, The whole.

Gazetted 12th January, 1894.

The like, Gazetted 19th March, 1897.	The whole.
Timber Regulations Gazetted 6th July, 1897.	The whole.

but such repeal shall not affect

Any right, interest, or liability already created, existing, or incurred, nor anything lawfully done or suffered under any enactment or regulation hereby repealed ; or

62° VICTORUE, No. 37.

Land Ad, 1898.

Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment or regulation hereby repealed ; or

Affect any investigation, legal proceeding, or remedy in respect of any such right, interest, liability, penalty, forfeiture, or punishment as aforesaid.

All references in any Act, regulation, or document to the Commis- sioner of Crown Lands shall be read as referring to the Minister appointed under this Act, and all references in any Act, regulation, or document to the Acts or regulations hereby repealed shall be read, as far as the context permits, as references to the corresponding portion of this Act.

3. IN the interpretation of this Act, the following words within Interpretation ,

quotation marks shall, unless the context necessarily requires a different meaning, have the meanings set against them respec- tively :—

" Agricultural Area" means any Crown land set apart and

declared as an agricultural area by the Governor.

" City or Town " means a city or town shall be such as shall be or shall have been declared to be so by the Governor, and notified in the Government Gazette.

"Conditional Purchase " means any area of land held under

conditional terms of purchase from the Crown.

"Crown Grant" means a deed of grant issued in the name of Her Majesty, conveying to the grantee some portion of Crown land in fee simple.

" Crown Lands " means the waste lands of the Crown within the Colony, that is to say, lands vested in Her Majesty, and not for the time being reserved for or dedicated to any public purpose or set apart as a city, town, or village, or granted or lawfully contracted to be granted in fee simple or with a right of purchase under this Act or any Act or Regulations hereby repealed, and which are not held under lease or license under the Goldfields Act or Mineral Lands Act, and include all lands between high and low water mark on the sea-shore and on the banks of tidal waters.

"Fence " means any substantial fence, not being a brush fence, proved to the satisfaction of the Minister to be sufficient to resist the trespass of great and small stock, including sheep, but not including pigs or goats.

62° V1CTORUE, No. 37.

Land Act, 1898.

" Frontage " means abuttal on or frontage to any sea-coast, lake. inlet, river, creek, stream, water-course, railway, tram- way, or road, or intended or designed railway, tramway, or road, which the Minister shall consider necessary to be considered a frontage.

" Governor " means the officer for the time being administering the Government of the Colony of Western Australia, acting with the advice of the Executive Council.

" High Water Mark," when applied to tidal waters, means the ordinary high water at spring tides, and, when applied to other waters, means the ordinary high water mark at winter level.

" Local Newspaper " means a newspaper published or circulated in the particular district or place in reference to which the expression is used.

" Minister " means the responsible Minister for the time being charged with the administration of this Act and the Department of Lands and Surveys.

" Occupation Certificate " means a certificate authorising the occupation of land as a Free Homestead Farm.

" Owner " means beneficial owner.

" Pastoral Lease " means the lease of an area of Crown land to

any person for grazing purposes.

" Pastoral Lessee " means the holder of a Pastoral Lease.

" Person" includes a partnership or corp oratiDn.

" Prescribed " means prescribed by this Act or any regulations

made thereunder.

"Public Purpose " includes, ill addition to any purpose speci-

fied in this Act, any purpose declared by the Governor, by

notification in the Government Gazette, to be a public

purpose within the meaning of this Act.

" Quarter," in reference to a year, means the periods of three months beginning the first day of January, the first day of April, the first day of July, and the first day of October respectively.

" Representatives " means the executors or administrators of the person with reference to whom the word is used, and includes all persons in whom the estate or interest of such person is vested on his death.

" Selector " means an applicant for, or occupier of land under Parts V., VI., VII., VIII., and IX. of this Act.

62° VICTORI1E, No. 37.

Land Act, 1898.

" Writing " includes print and part writing, and part print and " written " has a corresponding meaning.

Where by this Act a person is required to fence a fractional part of his land, it shall be sufficient if he erects a fence on the outer boundary of his laud extending along a corresponding fractional part of such outer boundary.

4. THE Governor is authorised, in the name and on behalf of

Her Majesty, to dispose of the Crown lands within the Colony, in Cuistpuousieldanodis i‘neacyo be

the manner and upon the conditions prescribed by this Act or by ing to provisions of

this Act.

any Regulations made thereunder, and all grants and other instru-

ments disposing of any portion of Crown lands in fee simple or for

any less estate made in accordance with this Act or such regulations	Effect of instru
shall be valid and effectual in law to transfer to and vest in posses-	ments.
sion in the purchasers the land described in such grants or other instruments for the estate or interest therein mentioned. The Governor is authorised to make such grants and other instruments, upon such terms and conditions as to resumption of the land or otherwise as to him shall seem fit.

THE Governor may grant any Crown land in exchange for any land alienated in fee simple, if it shall appear to him advisable	Land may be ex-
changed.
to do so in the public interest.

5.

THE Governor may grant or lease to any aboriginal native, or the descendant of any aboriginal native, any Crown land not	Land may be granted
or leased to abori-
exceeding two hundred acres, upon such terms and conditions as he,	gines.
the Governor, shall think fit.

6.

7.      THE Governor may, by notice published in the Government

Districts, counties,

Gazette parishes, towns, and villages may be de-

(ID Constitute and define the boundaries of any new districts, counties, parishes, towns, or villages, and distinguish	fined, cancelled, ex-tended, altered, or
divided by proclama-

each by a name. tion.

(2.) Declare that any district, county, parish, town, or village

shall cease to exist as such.

Extend or diminish the area of any district, county, parish,

(3.) town, or village.

(4.) Alter the boundaries or name of any district, county, parish,

town, or village.

(s.) Alter the name of any street, square, terrace, road, lane,

or way.

62° VICTORIA:, ]No. 37.

Land Act, 1898.

(6.) Divide any district, county or parish into two or more

districts, counties or parishes, and give each a clistin-

guishing name.

9. THE Governor may, by notice in the Government Gazette

Suburban lands. set apart any Crown lands, or any lands within a townsite, as suburban lands. All lands within villages shall be deemed to be suburban land for the purposes of this Act.

Certain lands may be 9. THE Governor may, by Proclamation, resume, for any of

resumed. the purposes specified in section thirty-nine of tins Act, any portion of land held as a homestead farm, or timber lease, or special lease, or leased by the Crown with a right of purchase, if in the public interest he shall deem it necessary ; and the owner of such land, upon making claim as required by the Lands Resumption Act, 1894, or any Act passed in that behalf in case he shall be entitled to compen- sation under this Act, shall be compensated for such resumption, either by a grant of land, subject to the same conditions and equal in area to that resumed, or, at the option of the owner, by a refund of the proportion of purchase money paid on the resumed portion, with interest at the rate of ten per cent. added ; and in the event of any improvements having been made on the resumed portion, he shall be entitled to compensation from the Crown, to be assessed in the manner prescribed in section one hundred and forty-eight of this Act, as if the land were held under a pastoral lease and the Crown were the selector.

10.      THE Governor may waive any penalty or forfeiture

Governor may e

penalty,

incurred under this Act, upon such conditions as he may think

fit or without imposing any condition.

Minister for Lands11. THERE shall be a responsible Minister for Lands charged

and Department of with the administration of this Act, and management and control of Lands and surveys. the Department of Lands and Surveys, and the Commissioner of

Crown Lands in office at the commencement of this Act shall be the first Minister under this Act. The work of the department shall be performed by such staff of officers, surveyors, inspectors, rangers, clerks, and servants as may be necessary, who, with the exception of persons whose appointments may be delegated to the Minister under the Constitution Act, 1889, shall be appointed by the Governor, and, subject to the annual vote of Parliament, shall receive such remuneration as the Governor may think fit, and the members of the present staff of the said department shall be deemed to be appointed under this Act.

Minister may appoint Provided that the Minister may, in his discretion, appoint

agents. such agents as he may require throughout the Colony, without salary,

62" VICTOR' LE, No. 37.

Land Act, 1898.

for the purpose of receiving applications for land under this Act and

for any other purpose that he may consider necessary.

12.

ALL Crown grants and leases for a term of over thirty years shall be signed by the Governor, as well as by the Minister	Signature and date
of Crown grants.
and the Surveyor General, or other officer authorised in that behalf by the Governor, and be dated and sealed with the seal of the Colony, and such date shall be deemed the date of issue, and every grant shall be entered on record in the Department of Lands and Surveys.

13.

ALL leases, licenses, and instruments disposing of Crown lands other than Crown grants and leases for upwards of thirty

Signature of instru-

ments.

years, shall be signed and sealed by the Minister or other officer

authorised in that behalf by the Governor.

THE name of the surveyor from whose survey the plan on any grant has been made shall in every case be attached to such	Surveyor's name to
be attached to Crown
plan on the grant ; but the omission of such name shall not affect	grants.
the validity of the grant.

14.

AN application for a Crown grant may be in the form or to the effect of the First Schedule, and all Crown grants issued under	Reservations in
grants.

15.

tins Act shall contain a reservation of all gold, silver, copper,	eieLt	)Act,	s 1	1132
tin, or other metals, ore, mineral, or other substances containing

metals, and all gems or precious stones, and coal, or mineral oil in	(victoria),
or upon the land comprised therein, and shall be in the form or to
the effect of the Second or Third Schedules, as the case may be,	1st, 2nd, and 3rd
subject to the variations required to meet special circumstances.	Schedules.
Crown grants, leases, or licenses issued under tins Act for lands which, before the commencement of this Act, were not in fact sold, nor were held at the commencement of this Act by the grantee or his predecessors in title under any lease or license from the Crown, may be issued for an estate in the land to a limited depth only, and reserving to the Crown all land below such depth.
Notwithstanding such limitation of depth and reservation, the grantee, his heirs and assigns shall have the right to enjoy all wells and springs of water which may at any time be upon the land, and to bore and sink wells for water through such land to any depth and to enjoy the same.

16. FOR preparing and recording every Crown grant there

shall be charged a fee of Thirty shillings ; such fee is to be paid e"" crow" grants.

with the balance of the purchase money. After payment of the

purchase money and the fee for the Crown grant, and having

performed all the conditions, the purchaser upon application shall Permit to occupy -

receive from the Minister a permit to occupy, in the form or

62° VICTORI711,, No, 37.

Land Act, 1898.

4th and 5th	to the effect of the Fourth or the Fifth Schedule as the case may
Schedules.	be, being a certificate that he is entitled to the Crown grant : Provided that in the case of a free grant of land under sections six, forty-two, or one hundred and fifty-one of this Act, no Crown grant fee shall be charged.

17. ALL applications for land under this Act shall be made on

tions.

Priority of applica- the prescribed forms, and shall take priority according to the order

of their being lodged, with the prescribed deposit, at the Lands and

Proviso. Surveys Office, Perth, or at such other places and offices as the Governor shall notify in the Go enI t Gazette. Provided that if two or more applicants shall be present at the time of opening the Office, and shall require the same land, the applications lodged by them shall be deemed to be lodged at the same time ; or should two or more applications be received through the Post Office at the same time, and for the same land, the applications shall be deemed to be lodged at the same time. In such cases the right of priority shall be determined by lot in the manner prescribed in the next following section.

WHENEVER, under the next preceding section, it is necessary to determine the priority of two or more applications by lot, the priority shall be determined as follows, that is to say :— The Under Secretary for Lands, or such other officer as the Minister shall appoint for the purpose, having previously provided as many envelopes as there are applications, shall write the number of each of the applications, together with his initials, inside of a separate envelope, and after fastening them all up out of the view of any other person than himself shall put them into a box, where they shall be shaken and mixed, and the Minister or such officer as he may direct shall draw the envelopes out one by one, and the several applications shall take priority according to the order in which the envelopes containing the several corresponding numbers are drawn. Provided, however, that notice of such drawing shall be given to the applicant or his agent.

18.

Priority by lot.

EVERY application for land which has not been surveyed shall be for land in one block, and, except in special cases to be

Applications. 19.

Shape.	allowed by the Minister, in the form of a rectangle, with boundaries in the direction of the meridian and at right angles to it, and the proportion of depth to breadth, except as herein specified, shall not exceed three to one, unless the Minister shall otherwise direct. The proportion of depth to breadth in any
Boundaries	section bounded by a frontage line shall be as two to one, unless otherwise provided or by approval of the Minister. Every applica- tion shall contain or be accompanied by a sketch of the proposed boundaries, which shall be fixed wherever possible with reference to

62° VICTORVE, No. 37.

Land Act, 18.98.

some natural or permanent artificial object, and show the position

of the land with reference to any lake, river, or main stream, and.

also to land held by or in the occupation of any other person in

the locality ; and also show all permanent water-holes and springs

within the area applied for. Provided that when, from the frontage	Irregular sections.
not being a straight line, or from the interference of other frontage lines, natural features, or the boundaries of other lands, the fore- going rules in respect of form cannot be observed, the form of the land shall be determined as nearly in accordance therewith as circumstances permit.

20. or suburban lands) may include two or more adjoining blocks. In	ANY application for land already surveyed (not being' town	Applications for sur-
veyed lands.

special cases, with the approval of the Minister, application may be made for portion of a surveyed block, not being a town or suburban lot, and the block shall be subdivided accordingly. Provided that in such case the applicant shall, if the Minister think fit, pay the cost of survey of such subdivision.

21. the approval of the Minister, who may insert such conditions and feet a o ALL applications of every description shall be subject to p I im eitioonvsais u bo-f

reservations as to him may appear necessary in the public interest. Minister. such be considered necessary, and all other necessary roads and reserves shall be made by the Minister on the survey of any land applied for before survey. The boundaries of lands fronting on the ocean, sea, or any sound, bay, or creek, or any part thereof affected by the ebb or flow of the tide, or on any lake, lagoon, swamp, river, or main stream, shall be limited in every case where possible by straight lines, as near to the high water mark as the Minister shall decide, and such lines shall be plainly marked on the ground, and the land between such lines and the water shall vest in the Crown.

22. OD THE Minister may direct that any Crown lands, or lands

Minister may order

reserved or set apart, or about to be reserved or set apart as town or

surveys

suburban or village lands, shall be surveyed into lots, and may

and °Lirre-

served for town and

decide upon the size and shape of such lots, and also on the width

suburban lots.

and direction of all streets, roads, lanes, or ways within such lands.

(2.) The surveys of all lands under the control of the Minister shall be carried out under the direction of the Surveyor General, or

Surveys to be under

direction a Surveyor

other officer duly authorised in that behalf, and in accordance with

General.

the regulations now or hereafter in force for the guidance of sur-

veyors employed in the Department of Lands and Surveys.

(3.) of the Minister shall be retained in the Department of Lands and	Plans representing all surveys carried out by the direction	Plans to be made,
and such plans or

Surveys, and such plans or copies thereof, if certified as correct by certified copies to beevidence.

62" VICTORUE, No. 37.

Land Act, 1898.

the Surveyor General, or other officer duly authorised in that behalf, shall be accepted in every court of law as prima facie evidence respecting the alignment and width of every street, road, lane, or way and the boundaries of every lot or surveyed portion.

and .:L=1 eotrc., this Act, is lost, a duplicate thereof may be issued on payment of23. IF any lease or license, or occupation certificate, under

defective descrip. Five shillings, and, if it is found, on survey or otherwise, that

tions. the description of the boundaries or plan of the land contained in

any lease, license, or occupation certificate under this Act, does not properly describe the land intended by the applicant to be therein comprised, or to which the lessee or licensee is entitled, either by reason of a want of survey, from an error in the description or survey, or from any other cause, the Minister may recall such lease or license, or occupation certificate, and amend the description or plan of the holding in such a manner as not to disturb the boundaries of any lease, license, or occupation certificate previously granted: Provided that if the lessee, licensee, or selector fails to forward, on demand, to the Minister, any lease, license, or occupation certificate, or other document for correction, the Minister may cause the descriptions and the plans of the department to be amended if necessary, and shall, in such case, give notice of the amendment to the lessee, licensee, or selector ; and such amended descriptions and plans, or copies thereof, shall, if certified by the Surveyor- General, or other officer duly authorised in that behalf, as correct, be accepted in every court of law as prima fade evidence of the boundaries of the land intended to be demised.

Iftho survey varies 24. IF any section, when surveyed, prove to differ in any respect

fr the application, from that intended by the lessee, licensee, selector, or purchaser, thefrom how to be dealt with. Minister will not be responsible for any loss or inconvenience which

the lessee, licensee, selector, or purchaser may experience, nor will any rent or purchase money be returned. If the land is found to be in excess of that applied for, such excess shall be paid for by the lessee, licensee, or purchaser at the same price as the rest. If the land is found to be less than the quantity applied for, that quantity shall be made good out of adjoining lands open to selection, and no purchase money or rent shall be returned unless the quantity of land paid for by the lessee, licensee, selector or purchaser, cannot be made good as aforesaid, and then only to the extent of the deficiency.

Minister may insert 25. THE Minister is authorised at his discretion to insert in

special clauses and any lease, license, or occupation certificate such conditions and

grant limited right clauses as may seem to him to be required for the public interest ;

to timber.

as also to insert a clause permitting the lessee, licensee, or selector to cut such timber on Grown lands as may be required for domestic uses, for the construction of buildings, fences, stockyards, or other

62" VICTORUE, No. 37.

Land Act, 1898.

improvements on the lands so occupied, but not for any other

purpose.

26. occupation certificate granted thereunder shall be held to prejudice Eight to enter upon	NOTHING in this Act or in any deed, lease, license, or or interrupt the right of the Minister, or of any officer duly authorised tnyd: to ma ke nsu
in that behalf by him, to go upon any land for the purpose of making any survey, inspection, or examination of the same, doing as little damage as possible.
27. improvement or otherwise, under tins Act or any Act or regulations Land of insolvents to
IF any person holding land under conditional terms as to hereby repealed, shall be adjudicated bankrupt or insolvent, or shall creel dsoodr bonat, of

elf to

assign his estate for the benefit of his creditors, his interest in such land may, with the consent of the Minister, be offered for sale by the assignee or trustee of such insolvent or bankrupt's estate at public auction, and it shall be lawful -for any person to purchase the same, and such purchaser shall thereupon be substituted for the person so becoming bankrupt or insolvent or assigning his estate as aforesaid, and shall have the same advantages and be under the same liabilities in all respects, in regard to such agreement and the land mentioned therein, as the original holder of the land : Provided that no per- son shall be entitled to purchase as aforesaid who would not be qualified under this Act to hold such land under conditional terms or otherwise, if such land were open to selection.

IF any land held under the provisions of Parts V., VI., or license is granted, the conditions, except as to payment of rent, veyed. shall date from the date of survey instead of from the date of com- mencement of the lease.	l	conditions
land

28. VII., or VIII. of this Act is not surveyed at the time the lease Date of

29. under Parts V., VI., VII., VIII., or IX. of this Act, grant an Exemption from THE Minister may, on the application of any holder of land

certain

exemption from fencing a ny part of the land so held which has etemTg

frontage to a permanent river, creek, or other natural feature con- sidered by the Minister to be sufficient to serve the purpose of a fence, and may grant such holder permission to extend the fences of his land across any land intervening between his land and the said natural feature. The fence shall in all other cases be erected on the surveyed boundary lines, or in special cases as near thereto as shall be approved by the Minister, and shall be of the prescribed descrip- tion.

any holder of land under Parts V., VI., VII., VIII., or IX. of this fExtension oif. time for 30. Act, or any holder of a Conditional Purchase Lease, Homestead =Mtg. ian certain e- 1F from any cause deemed by the Minister to be sufficient,

e-

cases.

62° VICTOR12E No. 37.

Land Act, 1898.

Farm, or Homestead Lease under the Land Regulations of 1887 or Homestead Act, 1893, has been prevented from fencing or improving his land within the time prescribed ; the Minister may, with the approval of the Governor, grant an extension of such time, not exceeding twelve months, to complete such fencing or improve- ments.

Where death or31. IF any holder of land under Parts V., VI., VII., VIII., or

lunacy occurs before IX.. of this Act shall die or be declared a lunatic before the completion of folic- fulfilment of the prescribed conditions of fencing and improvement,ing and improve- ments. his land may, with the approval of the Minister, be held by his

representatives or the person having charge of his estate, or their assigns, subject to the fulfilment by them of all unfulfilled conditions, except the condition of residence, when such is required. in trust for, and for the benefit of the persons rightfully entitled ; but in all cases the Crown grant shall issue in the name of the lessee or his appointed assigns.

32.      SUBJECT to the provisions of this Act, if any holder of

Forfeiture for non- land under this Act fails or neglects to comply with, perform, orcompliance with con- ditions. fulfil all or any of the prescribed conditions under which he holds

such land, or if at any time the rent or instalment of purchase money is not paid as prescribed, the lease or other holding and the lands therein, and all improvements thereon, as well as any rent or purchase money that may have been paid, may be forfeited.

33.      ALL leases and licenses held under the provisions of this

Forfeited land how

dealt with. Act or any Act or regulations hereby repealed (except for free home-

stead farms, and except quarry licenses and licenses under Part XI. of this Act) which may from time to time become forfeited either by failure of payment of the instalment of rent or purchase money, or by reason of the terms and conditions not having- been complied with, shall be offered by auction at a price or rental to be de- termined by the Minister. All such sales shall be notified in the

Government Gazelle for not less than four consecutive weeks, and

such notification shall specify the number of the lots, and the area and upset price of each: Provided that any lot may be withdrawn from sale by the Minister at any time prior to the same being actually offered for sale and bid for. Should any improvements exist upon the land, their value may be ascertained by the Minister and added to the upset price. Forfeited land disposed of by auction shall not give the purchaser any rights of priority appertaining to the former holding: Provided that, if the Minister shall so order, any forfeited land shall revest, together with all improvements thereon, in Her Majesty, her heirs and successors, for her or their former estate therein.

62° VICTORIA, No. 37.

Land Act, 1898.

NO person in the service of the Government of the Colony, and no surveyor who is paid by the Government by results, shall	Restrictions upon
public officers ac-
hereafter be allowed to purchase or lease Crown lands without	quiring Crown lands.
the previous permission of the Governor in writing : Provided that this prohibition shall not apply to any town or suburban land sold by public auction, or to the renewal of leases already held by any such person or surveyor.

34.

NO person under eighteen years of age shall be eligible to select, acquire by transfer, or hold land under Parts V., VI., VII.,	Restriction as to age.
VIII., IX., or XI. of this Act.

35.

THE names of all purchasers, lessees, licensees (other than under Part XI. hereof), or selectors, and the descriptive numbers	Names of lessees,
&c., to be garotted.
and areas of their holdings shall be from time to time notified in the
Government Gazette as soon as practicable after the approval of the
applications.

36.

IF any person shall think himself aggrieved by any act or thing clone or omitted to be done by the Minister or any of his officers, agents, or servants, or by the exercise of any of the dis- cretionary powers and authorities by Act conferred upon the Minister, it shall be lawful for such person, at any time within six montt thereafter, to appeal to the Governor against the commission or omission of such act or thing, or the exercise of any such discre- tionary power or authority. Appeal to Governor

37.

PART IL—DIVISION or THE COLONY.

38. FOR the purposes of this Act the Colony is divided into Divisions.

six Divisions:—

(t.) The South-West Division.—Bounded on the West and

South by the sea-coast, including the islands adjacent

to it ; on the North by the Murchison River from its

mouth at Gantheanme Bay upwards to Bompas Hill at

the Great Northern bend of said river ; on the East by a South-Easterly line from Bompas Hill through Tallering peak, the highest peak in the Wongan Hills, and Mount Stirling in direction of the mouth of the Fitzgerald River, to a point West of Mount Ridley, thence East through said Mt. Ridley to the sea coast.

(2.) The Kimberley Division.—All that portion of the Colony lying to the North of the parallel of 19° 30' South latitude.

(3.) The North-West Division.—Bounded on the South by an

East line from the sea-coast to the 119th meridian of

East longitude from Greenwich, passing through a point

62" VICTORI/E, No. 37.

Laud Act, 1898.

thirty miles South of Mt. Alexander near the Ashburton River, thence North to South latitude 22°, thence East along said parallel to longitude 122° East, thence North along said meridian to South latitude 19° 30', thence West to sea-coast ; on the Northward and Westward by the sea-coast, including the islands adjacent.

(4) The Western Division.—Bounded on the South by the

Murchison River from its mouth at Gantheaume Bay

upwards to Bompas Hill at the Great Northern bend of said river, thence South-Easterly along part of the Eastern boundary of the South-West Division, and thence by an East line to the 119th meridian of East longitude from Greenwich, passing through a spot ten miles South of Mugga Mugga Hill ; on the East by a North line along the aforesaid 119th meridian of East longitude ; on the

North by a West line to the sea-coast, passing through

a spot thirty miles South of Mt. Alexander on the Ashburton River ; and on the West by the sea-coast, including all islands adjacent.

The Eucla Division.—Bounded on the East by the

(5 ) Eastern boundary of the Colony, extending North from the sea near Wilson's Bluff to the 30th parallel of South latitude ; on the North and West by lbws ex- tending West to the 125th meridian of East longitude, thence South to the 32nd parallel of South latitude, thence West to a point due North of Mount Ragged in the Russell Range, thence South to a point due East of Mount Ridley, and thence East to the sea-coast ; on the

South by the sea-coast, including all the islands adjacent. (6.) The Eastern Division.—All that portion of the Colony not included in the South-West, Kimberley, North-West, Western, and Eucla Divisions already described.

PART M.—RESERVES.

39. THE Governor is hereby authorised, subject to such

retiOrVOS. Governor may make conditions and limitations as he may think fit, to except from sale,

and either to reserve to Her Majesty, her heirs and successors, or to dispose of in such other manner as for the public interest may seem best, any lands vested in the Crown that may be required for the following objects and purposes:—

( .) For the use or benefit of the aboriginal inhabitants.

(2.) For the use and requirements of the Government of the

Colony, or for purposes of military or naval defence.

62° VICTORIIE, No. 37.

Land Act, 1898.

(3.) For railways, railway stations, roads, tramways, and canals or other internal communications, or for drainage or irrigation works, or for the approaches or other purposes necessarily appertaining to any such works.

(4.) For quays, landing places, ferries, and bridges.

(5.) For sites for churches and chapels.

(6.) For sites for schools and other buildings for the purposes of education, and land for the endowment of schools and other educational institutions of a public character.

(v.) For state forests, areas for the conservation of timber, and indigenous flora or fauna, and for reservoirs, aqueducts, or water-courses, sewers, or drains.

(8.) For sites for cities, towns, villages, residence and business areas, town halls, mechanics' and miners' institutes, tram- ways, railways, and railway stations, telegraph stations, telegraph lines, post offices, abattoirs, public baths, schools of art, libraries, museums, public gardens, experimental farms, agricultural colleges, agricultural, and horticultural societies, temperance institutions, cricket grounds, racecourses, hospitals, magazines for explosives, sanitary depots, camping grounds, and institutions for charitable purposes, markets, court- houses, police stations, paddocks, prisons, or other edifices for public use or purposes.

(9.) For cemeteries.

(i o.) For places necessary for the embellishment of towns, or for

the health, recreation, or amusement of the inhabitants.

(11.) For the endowment of municipal corporations within the

Colony.

(12.) For sinking shafts and digging for coal, iron, copper, lead, or other minerals and metals, or for quarrying rock, clay, earth, or other material for making roads, buildings, or other works.

(13.) For resting places, watering places, stock routes or commons for travellers and stock.

(14.) For commons for the use of the inhabitants of any town

or settlement.

(15.) For any other purpose of public health, safety, utility, convenience, or enjoyment, or for otherwise facilitating the improvement and settlement of the Colony.

62° VICTORIIE, No. 37.

Land Act, 1898.

Reserves to be noti- 40. A FULL and complete description of every such reserve,

fied in Government	and of the purposes for which it is made, shall, so soon as possible, be
Gazette.	published in the Government Gazette.

THE Governor may cancel or amend or change the

Governor may change 41.

purpose of any	specified purposes for which any reserve is made, and notice of such
reserve.	cancellation, amendment, or change shall be published in the
Government Gazette.

In whom reserves42. THE Governor may from time to time, by Order in Council

may be vested. to be notified in the Government Gazette, direct that any reserve

shall vest in and be held by any municipality, road board, or other person or persons, to be named in the order, in trust for the like or other public purposes, to be specified in such order and with power of leasing for any term not exceeding twenty-one years from the date of the lease, or may lease on such terms as he may think fit, and may lease for nine hundred and ninety-nine years in the form in the

Thirty-third

Thirty-third Schedule, or to the like effect, or grant the fee simple

Schedule.

of any reserve to secure the use thereof for the purpose for which

such reserve was made.

43.      THE Governor may, by Order in Council, and without

Reserves may be • •

piaceamider board of issuing any deed of grant, place ally reserve under the control of any

Management. Board municipality, road board, or other person or persons, as a board

may make by-laws.

of management, and may empower such board to make, repeal, and alter by-laws for the control and management of such reserves, for prescribing fees for depasturing thereon, for directing the manner in which such fees shall be imposed, paid, collected, and disposed of, and to impose penalties, not exceeding in any case Five pounds for any breach thereof, and Two pounds a day for a continuing breach, but not more than Twenty pounds M. the aggregate. Such by-laws,

if approved by the Governor, shall be published in the Government

By-laws to be laidGazette, and shall be laid before both Houses of Parliament within

before Parliament. fourteen days after such publication, if Parliament be then sitting ;

and, if Parliament be not then sitting, within fourteen clays after its next meeting ; and all such by-laws, when so published, shall have the force of law, and shall continue in force, unless repealed or altered as aforesaid, or disallowed by both Houses of Parliament.

Land within a Com-44. THE Governor may approve of any lands within any

non may be disposed reserve for a common being disposed of by conditional purchase,

of by conditional pur- under Part V. of this Act, or as a free homestead farm under Partchase.

VIII. of this Act.

THE Minister may temporarily reserve land for any of the purposes specified in section thirty-nine, and if such temporary reserve be not confirmed by the Governor making the same a reserve, within

45.

Temporary

Tem reserves .

62° VICTOR TIE, No. 37.

Land Act, 1898.

twelve months from the date at which such temporary reserve was

made, such land shall thereupon cease to be so reserved.

46. ALL reserves made for any purpose under this Act shall Reserves to be

be set forth on the authenticated maps in the Department of Lands the maps

of the Colony.

and Surveys.

PART 1V.—PURCHASES BY AccrIoN—TowN AND SUBURBAN

LANDS.

47.

TOWN, suburban, and village lands throughout the Colony, after being surveyed into lots and notified in the Gorernment	Town, suburban, and
village lands to be
Gazette as open for sale, shall. subject to section thirty of the	sold by auction.
Goldfields Act, 1893, and to sections thirty-nine, eigaty-five, one
hundred and fifty-two, and one hundred and fifty-three, and to
Part IX. of this Act, be sold by public auction at upset prices to
be determined by the Governor. Such lands shall be put up for
sale by order of the Minister at such times and places as lie may
think fit, and any person may apply to the Minister to put up any
lot for sale, and shall deposit with his application ten per cent. of the
upset price, which amount shall be refunded in the event of the
applicant being outbid at auction. The application shall be in the	6th Schedule.
form or to the effect of the Sixth Schedule.

48.

ALL sales by auction under this Part of this Act shall be previously notified hi not less than three issues of the Government	Sale by auction
to be notified in
Gazette, and in one local newspaper for such time as the Minister	Government Gazelle.
may think -fit, and such notices shall specify the place and time of sale and the number and upset price of each lot, or in the case of suburban lands the upset price per lot or per acre, and may impose any special conditions with respect to the sale of any specified lot
Special conditions
or lots, and may add the value of improvements on any lot to the	may be imposed.
upset price: Provided that any lot may be withdrawn from sale by the Minister at any time prior to the same being actually offered for sale and bid for.

THE person acting as auctioneer shall, before the com- mencement of the sale, read the terms and conditions of sale. Terms and conditions

of sale to be read.

and all persons bidding at the sale shall be bound by the terms and

conditions so read.

49.

50.

AT all such sales by auction the purchaser shall, on the fall of the hammer, pay a deposit in cash at the rate of ten per cent. Payment of purchase

money.

upon the total amount of the purchase money for Town Lots and

Suburban Lots, unless he has already paid a sufficient deposit on

application, and any such deposit shall be considered as payment of

the purchase money so far as the same will extend.

62° VICTORLE No. 37.

Land Act, 1898.

The balance of purchase money shall be paid as provided by regulations to be made by the Governor under this Act.

(2') In any case where the value of improvements on a lot is added to the upset price, and the lot is knocked down to any other than the owner of such improvements, the value of the same shall be paid to the Minister or his agent immediately after the sale.

Provided that nothing shall prevent the balance of purchase

Provision for earlier	payment of purchase money and fees being paid at an earlier date should the purchaser
money. so desire, but no Crown grant of any suburban lot shall issue until

the Minister is satisfied that the fencing or improvements prescribed

in the next following section has been completed.

ALL suburban land shall be sold subject to the condition that each lot shall, within two years from the date of sale, be fenced on the surveyed boundaries with a fence of the prescribed descrip- tion, and in default thereof the land shall be forfeited, together with all purchase money and fees which may have been paid. Provided that the Minister may, if he think fit, dispense with the division fences between two or more adjoining lots purchased by one person, or may if he thinks fit accept other substantial improve- ments of equal value in lieu of fencing.

Conditions relating 51.

to suburban lands.

ON payment by the purchaser of town or suburban lands in the form or to the effect of the Seventh Schedule may be issued on application entitling the holder to occupy the land and such license may be mortgaged or transferred in the manner prescribed by this Act.

52.

License to occupy.	of the first prescribed instalment of the purchase money, a license
7th Schedule.

PART V.—CONDITIONAL PURCHASES—AGRICULTURAL LANDS.

Agricultural Areas.

53.      THE Governor may, by notice in the Government Gazette,

Agricultural areas

may be set apart. define and set apart any Crown land of not less extent than two

thousand acres as an agricultural area, and may, in like manner, declare any such agricultural area as open to selection as herein- after provided, or may confine such selection to the provisions of any particular section or sections of this Act applicable to agri- cultural areas, and may withdraw any such land from being so open.

Land to be surveyed Before any land is so declared o m for selection it shall be surveyed

before selection.under the direction of the Minister, and divided into lots of con-

venient size for selection, with proper roads and reserves for public purposes, and such lots shall be marked on the ground: Provided

62° VICTORIX, No. 37.

Land Act, 1898.

that no more than one thousand acres within any one area shall be held by any one person under any conditional rights of purchase at one and the same time.

THE Governor may suspend the operation of so much of the and marked before it is declared open for selection, and in such case	Survey may ho dis
pensed with in certain
eaees.
the Minister shall cause a plan to be kept on which shall be projected boundary lines showing the division of such agricultural area or part of it into blocks of convenient sizes: Provided that he may, at any time before granting a lease of or otherwise alienating any block, alter, extend, or adjust such boundary lines in any way that he may think fit.

54. last preceding section as requires the land to be actually surveyed

55. subject to the following conditions:—	LAND within an agricultural area may be disposed of	Conditional purchase
with residence.

.) The price of the land shall Be fixed by the Governor, but

shall not be less than ten shillings an acre, payable half- Price.

yearly at the rate of one-twentieth of the total purchase

money per annum or sooner, as hereinafter prescribed.

(2.) The maximum area held by one person shall be one thousand acres, and the miniinum, except in special mom Maximum and um and mini-

allowed.

cases approved by the Minister, shall be one hundred acres: Provided that the area of any land held by the selector under clauses forty-six, forty-seven, or forty- eight of the Land Regulations of 1887, or under sections thirty-three or thirty-four of the Homesteads Act, 1893, shall, in calculating the total area held by the selector, be deemed to be held under this section.

The application shall be in the form or to the effect of

(3.) Application be

the Eighth Schedule, and the first instalment, as pre-

accompanied by

scribed by section one hundred and thirty-six of this

deposit of rent.

Act, shall accompany each application, and shall be

9th and 9th

Schedules.

returned if the application is not approved; and on

approval of the application by the Minister, a lease in

the form of the Ninth Schedule shall be issued for twenty

Lease.

years, to date from the first day of the quarter next

preceding the date of the approval of the application.

(4•) The lessee shall, within six months from the date of his

lease, take in his own person possession of the land, and	Residence.
shall reside upon it and make it his usual home without any other habitual residence, during at least six months in each year for the first five years from the date of the commencement of his lease, and if possession be not taken as aforesaid the land shall be forfeited: Provided

62° VICTORTIE, No. 37.

Laud Act, 1898.

that, if the lessee is already the beneficial' owner of rural land for an estate of freehold or of land under special occupation or conditional purchase, or is the holder of a lease of any such lands from the owner, or is the holder of a homestead farm within twenty miles of the land applied for, residence as aforesaid on such freehold, special occupation, or conditional purchase land or home- stead farm shall be sufficient residence under this section.

Fencing, and improve-	(5.) The lessee shall, within two years from the date of the commencement of his lease, fence at least one-tenth of the quantity contained in his lease, and within five years from the said date shall fence in the whole of the land, and within ten years from the said date shall expend upon the land, upon prescribed improvements, in addition to the exterior fencing, an amount equal to the full purchase money : Provided that where the lessee under this Act, or any previous regulations, has erected a sheep-proof and cattle-proof exterior fence, the Minister may allow half the value of such exterior fencing to be deemed part of the prescribed improvements.
ments.
Conditions precedent	(6.) At the expiration of the lease, or at any time after five provided that all the conditions of residence, fencing, and improvements have been complied with, and the said fencing and improvements maintained, and also that the full purchase money and fee have been paid, a Crown grant of the land shall issue.

to issue of Crown	years from the date of the commencement of the lease,
grant.

(7.) Any person having obtained land of less extent than one cations for land under this section, within twenty miles of the block first applied for, but so that Ins holdings in an agricultural area shall not exceed in the whole the maximum quantity of one thousand acres. Residence on the additional leases shall not be obligatory, but all the other conditions shall apply to them : Provided that if two or more leases held by one person adjoin they may be deemed to be one lease in respect to the required fencing and improvements.

Additional applica-	thousand acres under this section may make other appli-
tion

Conditional purchase56. LAN I) within an agricultural area may be disposed of without residence. without the condition of residence, subject, however, to all the other

conditions prescribed by the next preceding section : Providee that double the expenditure on improvements shall be require( in lieu of residence.

62° ITICTORUE, No. 37.

Land Act, 1898.

57. LAND within an agricultural area may also be sold

without the condition of residence, subject to the following eon- by direct payment.	Conditional purchase
ditions

3 The price of the land shall be fixed by the Governor, but shall not be less than ten shillings an acre, payable in P e.

twelve months or sooner, as hereinafter prescribed.

(2.) The maximum area held by one person shall be one thou- sand acres, and the minimum, except in special cases	Maximum and mini-
mum areas allowed.

approved by the Minister, shall be one hundred acres: Provided that the area of any land held by the selector under clause fifty-four of the Land Regulations of 1887 shall, in calculating the total area held by the selector, be deemed to be held under this section.

(3 ) The application shall be in the form or to the effect of

the Tenth Schedule, and ten per cent. of the purchase

Application to be

accompanied by

money shall he deposited with the application, and

deposit.

shall be returned if the application is not approved ;

and, on approval of the application by the Minister, a

loth and lath

license, in the form of the Eleventh Schedule, shall be

Schedules.

issued for seven years, to date from the first day of the

License.

quarter next preceding the date of the approval of the

application.

(4) The balance of purchase money shall be paid within Payment of balance

twelve months from the date of the commencement of

of purchase money.

the license by four equal quarterly instalments, on the first days of January, April, July, and October, the first of such instalments to be paid on the first day of the quarter next following the commencement of the license: Provided that nothing shall prevent the balance of the purchase money being paid at an earlier date should the selector so desire ; but no Crown grant shall issue until the Minister is satisfied that the prescribed conditions have been fulfilled.

(5') The licensee shall, within three years from the date of the Fencing an i/

commencement of his license, fence in the whole of the	meats.
land, and within seven years from such date shall expend upon the land, in prescribed improvements, in addition to the exterior fencing, an amount equal to five shillings per acre.

(6.) At the expiration of the license or at any time during the continuance of the license, provided that all the con- Cleonntdittioonpsslpitevee- of

ditions of fencing and improvement have been complied	Crown grant.
with, and the said fencing and improvements main- tained, and also that the full purchase money and fee has been paid, a Crown grant of the land shall issue.

62° VICTOR1IE, No. 37.

La lot Act. 1,5'

Additional applica-

(7•) Any person having obtained land under this section of less extent than one thousand acres may make other applications for land, under this section, but so that his holdings shall not exceed in the whole the maximum quantity of one thousand acres: Provided that, if two or more leases held by one person adjoin, they shall be deemed to be one lease in respect to the required fencing and improvements: And further provided that, if the area purchased under this section is the balance of a surveyed block, a portion of which has been granted to the same selector as a homestead farm, the Crown grant for such area shall not issue until all the conditions appertaining to such homestead farm have been fulfilled.

tions.

58.      LAND within an agricultural area may also be disposed

Landinagricultaral of under section sixty, for orchards, etc., or under Part VIII. or Partareas may also be

disposed of under IX. of this Act, for free homestead farms or working men's

other conditions. blocks.

Agricultural Lands outside of Agricultural Areas.

Certain lands may 59. THE Governor may, from time to time, by notice in the

Government Gazett declare any Crown lands within the South-W est

be declared open.

b

Division and also any Crown lands within the Eastern or the Eucla Divisions, if situated within forty miles of a railway, as open for selection under the conditions of sections fifty-five, fifty-six, and fifty-seven, or ally one or more of them, without declaring an agri- cultural area, and may, in like manner, withdraw any such land from being so open: Provided that the maximum area allowed outside of an agricultural area to any person who selects land under the conditions of section fifty-seven shall be the thousand acres instead of one thousand acres as prescribed for selections under the said section within an agricultural area.

Lands for	me.
60. THE Governor may, from time to time, by notice in the and Government Gazette, declare any Crown lands within the South-West Division, and also any Crown lands within ten miles of a city or town, or site for a city or town within any other division, to be open for selection for vineyards, orchards, and gardens, subject to the following conditions, and may in like manner withdraw such land from being so open:—
yards, orchard
gardens.

Price.	(i.) The price of the land shall be fixed by the Governor, but shall not be less than One pound per acre, payable in three years or sooner, as hereinafter prescribed.
Maximum and	(2.) 'The maximum area held by one person shall be fifty acres,

minimum areas	and the minimum, except in special cases approved by
allowed.	the Minister, shall be five acres: Provided that the area

62° VICTOR1/E, No. 37.

Land Act, 1898.

of any land held by the selector, under clause fifty-five of the Land Regulations of 1887, shall, in calculating the total area held by such selector, be deemed to be held under this section.

(3.) The application shall be in the form or to the effect of the Tenth Schedule, and ten per cent. of the purchase	Application to be
accompanied by de-

money shall be deposited with the application, and shall	posit.
be returned if the application is not approved, and on

approval of the application by the Minister a license,	eense.
in the form of the Eleventh Schedule, shall be issued for three years, to date from the first day of the quarter next preceding the date of the approval of the appli- cation.

(4.) The balance of purchase money shall be paid within three years from the date of the commencement of the	Payment of balance
of purchase money.

license by equal half-yearly instalments on the first day of March and the first day of September : Pro- vided that nothing shall prevent the balance of the purchase money being paid at an earlier date should the selector so desire, but no Crown grant shall issue until the Minister is satisfied that the prescribed conditions have been fulfilled.

(5.) The licensee shall, within three years from the date of the commencement of his license, fence in the whole of the	Fencing and prove-
meats.

land, and within the same period shall plant at least one-tenth of the area with vines or fruit trees, or other- wise cultivate it bona fide as a vegetable garden.

(6.) At the expiration of the license, or at any time during the continuance of the license. provided that all the conditions	Conditions precedent
to issue of Crown

of fencing and cultivation have been complied with,	grant.
and the said fencing and cultivation maintained, and also that the full purchase money and prescribed fee have been .paid, a Crown grant of the land shall issue.

(v.) Any person having obtained land under this section of less extent than fifty acres may make other applications for	Additional
tions.

land under this section, but so that his holdings shall not exceed in the whole the maximum quantity of fifty acres: Provided that, if two or more licenses held by one person adjoin, they may be deemed to be one license

in respect of the required fencing and cultivation.

61. ANY pastoral lessee in the South-West Division, at any Pastoral lessees in S.W. Division may

time during the continuance of his lease, may apply in the form

obtain land by con-

or to the effect of the Twelfth Schedule for land within his

ditional purchase, subject to special

lease, not being within an agricultural area, or not being. land

conditions.

12th Schedule.

62° VICTORI±E, No. 37.

Land Act, 1898.

withdrawn from conditio ,al purchase selection, in one or more blocks not exceeding three separate selections adjoining his homestead not exceeding twenty pm cent. of the aggregate quantity held on lease by him from the Crown within such division, and on approval of the application a lease shall be granted subject to all the conditions appertaining to conditional purchases uncler section fifty-five of this Act, except residence ; provided that the maximum area shall be three thousand acres, and the 1111.11ECUR1, except in special cases approved by the Minister, shall be two hundred acres. If the land so selected is within a properly fenced enclosure, the fencing of the land upon the boundaries shall not be obligatory : Provided always that this section shall not permit any pastoral lessee who, prior to the coming into operation of this Act, has taken advantage of a. similar provision in the Land Regulations of 1887 to obtain under tins section and such Regulations a greater area than 3,000 acres.

Pastoral lessees	62.	ANY pastoral lessee in the Kimberley, North-West,
in others than the

S.W. Division may	Western, Eastern, and -Lucia Divisions who shall have in his
obtain land by con-	possessim. in any such division at least ten head of sheep
ditional purchase,
subject - to special	or one head of large stock for each one thousand acres leased,
conditions.	may apply to purchase, in any such division, any Crown land within his lease (not being within an agricultural area or within a goldfield) in one or more blocks, not exceeding in the aggregate one per cent. of the total area held by such lessee under pastoral lease in such division, on the same terms, and subject to the same conditions as are prescribed for purchase under section fifty-five, except the condition of residence : Provided that the minimum area in each block shall be five hundred acres and the maximum five thousand acres, and in no case shall more than three separate selections be allowed to be taken by one lessee.

Restriction on 63. NO Crown Lands in the Kimberley, North-West, Western,

alienation of Crown	Eastern, or Eucla Divisions shall be alienated, except lands within
Lands in Kimberley,
NA., W., E., and	TownsRes or land suburban thereto, under Part IV. of this Act,
Lucia Divisions.	or within agricultural areas under Part V. of this Act, and except working men's blocks under Part IX. of tins Act, and lands required for any of the objects and purposes specified in the fifth, sixth, thirty -ninth, sixtieth, sixty-second, one hundred and fifty-second, or one hundred and fifty-third sections of this Act, and except land in the Eastern or Enda Divisions within forty miles of a railway required for the purposes specified in the fifty-ninth, sixty- eighth, and seventy-fourth sections of this Act.

Conditions under64, ANY holder of conditional purchase land under Part V.

which land is held Of tins Act, or under any previous Act or Regulations, subject

may be changed in to the condition of residence, may, on application in writing addressedcertain cases.

to the Minister, and on payment of a fee of twenty shilling's, in

62° VICTOR' YE, No. 37.

Land Act, 1898.

respect of each lease so held be relieved of the condition of residence and come under the conditions of section fifty-six of this Act, provided that in such case the improvements shall be of the value of double the amount of the purchase money.

Any holder of land under section fifty-six of this Act, or under clause forty-nine of the Land Regulations of 1887, who is prepared to comply with the prescribed residence condition, may. on application in writing addressed to the Minister, and on payment of a fee of twenty shillings in respect of each lease so held, come under the provisions of section fifty-five of this Act.

65. ANY holder of land under clause forty-nine of the Land

Lands held under

Regulations of 1887 may, on condition of forfeiting one-half of the	clause 49 of Land
total amount of rent paid. elect, in writing, to pay at the rate of six-	Regulations of 1887.
pence per acre per annum for the remainder of the term of his lease instead of the sum prescribed by the said Land Regulations : Provided that in such case the improvements shall he of the value of double the amount of the purchase money.

66. ditional purchase by deferred payment held under this Part of this IN the case of any special occupation license or con-

Portion of improve.

ments may be dis-

Act, or under any former Act or Regulations, not being a	pensed with in cer-
Homestead Lease or Poison Lease, provided the purchase	tain cases.
money required b y the Act or Regulations under which the land is held has been paid, the hind fenced as prescribed, and a sum of at least four shillings an acre has been expended on it in statutory improvements, and the Minister is satisfied that from the nature or situation of the land or composition. of the soil its cultivation or further improvement would be out of proportion to the probable returns, or otherwise impracticable, and not likely to result in any profitable return, the Minister may estimate the value of the improvements remaining to be made, and, upon the licensee or conditional purchaser entering into a covenant to continue to pay rent, under the terms of his lease or license, until the rent so covenanted to be paid amounts to the half of such estimated value, the Minister may discharge the lessee or licensee from the obligation to make further improvements: Provided further, that in cases where the fencing on the outer boundaries is both sheep proof and cattle proof, half the value of such fencing shall be deemed to be improvements under this section and valued as such.

62° VICTORIA', No. 37.

Land Act, 1898.

first day of , 1S ; YIELDING AND PAYING for the same, half-yearly in advance, on the first day of March and the first day of September during the said term the rent of in every year, unto Us, Our Heirs and Successors, without deduction, such rent to be paid to Om; Minister for Lands. PROVIDED nevertheless, and it is hereby declared, that if the said rent be not paid in advance as prescribed by the said Act, or if the Lessee, his Executors, or Administrators shall assign or underlet the premises, or any part thereof, without the Minister's approval in writing, as required by the said Act, first obtained, then these Presents shall become void, and the tern, hereby granted shall be absolutely and indefeasibly forfeited, and it shall thereupon be lawful for -Us, OUT Heirs and Successors, into and upon the said demised Premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy as if this deed-poll had never been executed, without making any compensation to the said Lessee , Executors, Administrators, or Assigns. PROVIDED ALSO, and it is hereby declared, that the said Lessee , Executors, Administrators, or allowed Assigns, may at all times, during this demise, on any part of the said Premises, fell, cut, and use any timber for his domestic and farm purposes, or for the construction of any ouildings, fences, stockyards, or other improvements, and use any other material for the like purposes, but shall not sell nor remove the same off the said demised Premises. PROVIDED ALSO, and it is hereby declared, that the said Lessee , Executors, Administrators, and allowed Assigns shall be entitled at any time during the continuance, or on the expiration of the term hereby granted, to have a grant made in fee simple to him or them, subject to the Act aforesaid, of and in the said Premises (not being mineral land). PROVIDED THAT the whole thereof shall be then completely fenced in with a good and substantial fence—within three years from the date hereof—and the poisonous indigenous plants entirely eradicated therefrom according to the true intent and meaning of the said Act. AND THAT We, Our Heirs and Successors, are not nor shall be liable or responsible for any error in the descriptive boundaries or quantity of land hereby demised, or in respect of any claims which may be set up by any other person or persons to any part or parts of the said demised Premises. PROVIDED, LASTLY, and it is hereby declared, that We, Our Heirs or Successors, shall not be liable to compensate the said Lessee , Executors, Administrators, or Assigns, for any loss or damage arising from the exercise of all or any of the powers or rights hereby reserved to Us, Our Heirs and Successors, save and except in so far as the same may be provided for by the said Act.

SCHEDULE OR PLAN HEREIN REFERRED TO.

NOTE.—If the lease is issued prior to survey, boundaries and area will be subject to roads and reserves,

and any necessary amendments on survey.

In witness whereof We have caused Our Minister for Lands to affix hereto his Seal and set his hand this

day of 18 .

[sEAL] Minister for Lands.

[Section 75.] Seventeenth Schedule.

of Application for a Homestead Farm.

DrvIstoff.

District or County, Agricultural Area,

No. Location No. containing acres.

Plan Place and date of application

1, (full names to be inserted) of , hereby apply for the Crown Land described above under the

provisions of Section 75 of "The Land Act, 1898," and I do solemnly and sincerely declare that I am 18 years of age ; that I am not the owner of any land within the Colony for an estate of Freehold or under Special Occupation or Conditional Purchase ; that this application is made for my exclusive use and benefit, with the intention of residing upon and improving the land applied for in accordance with the conditions prescribed by "The Land Act, 1898," and not directly or indirectly for the use or benefit of any other person or persons whatsoever ; and that I am not at present the holder of a Homestead Farm. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Ordinance made and passed in the 18th year of the reign of Her Present Majesty, No. 12, intitnled "An Ordinance for the abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof."

Declared at -

this day of 189 ,

before me Signature

J.P.

(or) Agent for • ter.j

Received this Application at o'clock on the day of 189 , Office References.

with fee of One pound

Collector of Land Revenue. (Applicants are requested not

to write in this space.)

Application approved, as shown above, this day of 189

Term of occupation to extend from to

Minister for Lands.

Occupation Certificate signed, Date

Do. issued to Date 189

NOTE.- In approving this application any limitation in depth must be stated.

62° VICTORLE, No. 37.

Land Act, 1898.

Eighteenth Schedule.	[Section 75.]
WESTERN AUSTRALIA.

Form of Occupation Certificate, Homestead Farm.

No.

WHEREAS of has paid the sum of £1,

being the Office fee for a Homestead Farm: Now know all men, and these Presents witness, that I, in pursuance of the powers

vested in me as Minister for Lands for the Colony of Western Australia, do hereby authorise, empower, and permit the said , at any time within six months after the date hereof, to take possession of and occupy all that section of land marked and distinguished in the maps and books of the Department of Lands and Surveys of the said Colony as No. , and as the same is delineated in the plan drawn hereunder, subject however to all the conditions prescribed by " The Land Act, 1898," and any regulations thereunder respecting Homestead Farms, and to the provisos contained in the form of Crown grant for rural lands in the third schedule to the said Act.

(flan referred to.)

Given under my hand at Perth, on the day of 189 .

Minister for Lands.

within six mouths from the date hereof, the Selector must notify, in writing, that he has taken possession of the land referred to

failure of which will entail forfeiture of the land.

Nineteenth Schedule. [Section 85.]

Fora of Application for a Village Allotment.

Division

District or County,

No.	Agricultural Area, Village,
Plan	Section No. containing a.
Place and Date of Application,

(full names to be inserted) of do hereby apply for the block of

Land described above, under the provisions of Section 85 of "The Land Act, 1898," and I do solemnly and sincerely declare that I am 18 years of age, that I do not already hold a Village Allotment, that I ("ant the holder of" or "hare applied for") Homestead Farm, No. , which is situated within five miles of the land now applied for, that this application is made for my exclusive use and benefit, and with the intention of residing upon and improving the said land in accordance with the provisions prescribed by "The Land Act, 1898," and not directly or indirectly for the use or benefit of any other person or persons whatsoever. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Ordinance made and passed in the 18th year of the reign of Her Majesty, No. 12, intituled "An Ordinance for the abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof."

Declared at

this day of 189

before me Signature

J.P. I

(or) Agent for Minister. j

Received this Application at o'clock on the day of 189 • Office References.

Under Secretary for Lands.

Applicants arc requested not to

Application approved, as shown above, this day of 189 . write in this space.

Term of occupation to extend from to

Minister for Lands.

Occupation Certificate signed, Date

Do. issued to Date 1S9

Noun.—In approving this application any limitation in depth insist be stated.

Twentieth Schedule.	[Section 85.]
WESTERN AUSTRALIA.

No. Form of Occupation Certificate, Village Allotment.

WHEREAS of has applied for permission to occupy

a Village Allotment in connection with Homestead Farm No.

Now know all men, and these Presents witness, that I, in pursuance

of the powers vested in me as Minister for Lands for the Colony of Western Australia, do hereby authorise,

empower,

62° VICTORIA:, No. 37.

Land Act, 1898.

empower, and permit the said , at any time within six months after the date,

hereof, to take possession of and occupy all that section of land in the Village of lands in the third schedule to the said Act.

marked and distinguished in the maps and books of the Department of Lands and Surveys of the said Colony

as No. , and as the same is delineated on the plan drawn hereunder, subject,

however, to all the conditions prescribed by "The Land Act, 1893," and any regulations thereunder respecting

(Plan referred to.)

Given under my hand at Perth, on the day of 189 . Minister for Lands.

Within sin months from the date hereof, the Selector must notify, in writing, that he has taken possession of the land referred to,

failure of which will entail forfeiture of the land.

[Section 88 (3).] Twenty-first Schedule.

Form of Application for a Working Man's Block.

I [name and address] hereby apply for a lease of the Working Man's Block hereunder described :-

[Here describe the block by situation and number, and by acreage, if known, or state the amount of land required and how situate.]

And I solemnly and sincerely declare that :-

1. My age at last birthday was years.

2. I earn my livelihood by my own work to wit by [hereby describe work, and if in any service or envploy

state with whom, and state wages OP profits.]

3. I am not the beneficial owner of any land in the Colony for an estate of freehold.

4. I do not hold any Working Man's Block, or not more than acres, one lease as a Working Man's

Block, to wit [here describe land so held].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Ordinance made and passed in the 18th year of the reign of Her present Majesty, No. 19, intituled " An Ordinance for the Abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof."

Declared at )

this day of 189 (Signature of Applicant.)

before me )

(Signature of J.P. or other ant/tor/sea person.)

NoTE.—In approving this application any limitation in depth must be stated.

[Section 88 (3).]	Twenty-second Schedule.
WESTERN AUSTRALIA.

Form, of Lease of Working Man's Block.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, he., he., &c. To all to whom these presents shall come, Greeting : Know ye that We, of our especial grace and in consideration of the rents hereinafter reserved, and on the part of hie executors, administrators, and assigns (hereinafter called the Lessee) to be paid, and in exercise of the powers to Us given by "The Land Act, 1898," Do by these presents Grant and Demise to the Lessee the natural surface and so much of the land as is below the natural surface to a depth of feet of ALL THAT piece or parcel of land situate at in the Division of the Colony of Western Australia, containing more or less, and as the same is delineated on the plan hereon, together with the appurtenances thereto belonging, To Have and To Hold subject to the said Act and any regulations made thereunder, and together with all rights, powers, and privileges conferred upon the Lesseedabyy otfhe said Act and

regulations for the term of years to be computed from the

189 , YIELDING AND PAYING for the same in advance on every first day of during the said term

the rent of pounds unto the Minister administering the said Act for Us, our Heirs and

62° VICTORIA], No. 37.

Land Act, 1898.

Successors without deduction: Pnovrenn nevertheless, that it shad at all times be lawful for Us, oar Heirs and Successors, or for any person or persons acting in tl g-t behalf 'ay Our or Their authority, to resume and enter upon possession of any part of the saidlands which it may at any time by Us, our Heirs and Successors be deemed necessary to resume l'or roads, tramways, railways, railway stations, bridges, canals, towing paths, harbour or river improvement works, drainage or irrigation works, quarries, and generally for any other works or purposes of public use, utility, or convenience, and for the purposes of exercising the power to search for minerals hereinafter reserved, and such land so resumed to hold to Us, our Heirs and Successors as of Our or Their former estate, without making to the Lessen , Heirs, and Assigns any compensation in respect thereof, so nevertheless, that the lands so to be resumed shall not exceed one-twentieth int in the whole of the lands aforesaid, and that no such resumption be nude of any part of the said lands upon which any build- ings may have been erected, or which may be enclosed and in use as gardens or otherwise for the more convenient occupation of any sueli buildings without compensation PROV/DED ALSO, time :t shall be lawful at all times for Ls. our Heirs and Successors, or for any person or persons acting in that behalf by Our or Their authority, to cut and take away any such indigenous timber and to search and dig for and carry away any stones or other materials which may be required for making or keeping in repair any roads, tramways, railways, railway stations, bridges, canals, towing paths, harbour works, breakwaters, river improvements, drainage, or irrigation works, and generally for any other works or purposes of public use, utility, or convenience without making tc the Lessee any compensation in respect thereof Amu we do hereby save and reserve to L's, our Heirs and Successors, all stiles of gold, silver, copper, tin, or other metals, ore and mineral, or other substances containing metals, and all gems and precious stones and coal or mineral oil in and under the said land, with fully liberty at all times to search and dig for and carry away the same, and for that purpose enter upon the said land cr any part thereof : PROVIDED Atso, that if the Lessee makes default in payment of the rent hereby reserved, or does not personally reside on the land hereby demised for nine months at the least during every year of the term hereby granted (residence by the wife or a member of the Lessee's family being regarded as personal residence); or does not within three years well and substantially fence the whole of the demised land except where bounded by an existing fence or by water; or transfers, assigns, underlets or parts with the possession of the demised land until after the ex- piration of the first five years of the term hereby created, and the approval of the said Minister has been obtained, these presents may be declared by the Minister aforesaid to be void, and thereupon the ;ands hereby demised shall revert to Us, Our Heirs and Successors, and no compensation shall be payable to the Lessee in respect thereof : Pm:owl:no ALSO that the Lessee having complied with the conditions of these presents shall be entitled at the expiration of the term hereby created to receive a grant in fee simple of the land hereby demised, paying the fees in respect thereof : AND PROVIDED further that the Lessee having complied with the conditions of these presents as to rent, fencing, and residence, may at any time after five years front the commencement of the term hereby created pay in advance all rent to the end of the term, and shall thereupon be entitled to receive a grant in fee simple of the land lmweby demised paying the fees in respect thereof.

In witness whereof We have caused Our Minister aforesaid to affix hereto his Seal and set his hand

this day of

Twenty-third Schedule. Section 92.;

---

Correspondence We.

Form of Application for a Pasforal Lease.

District, County, or Locality,

No ?lace and Date of Application,

Plan ItIIRVIIT apply for a lease of the section of Pastoral Lands described below, under the provisions of Section

of "The Land Act, 15b8."

Position and boundaries of land applied for :

Name at lull lcugtly address,mid oath*/ of applicant. Acreage applied mr, Annual Rent.

11

[Here follows as in Eighth Schedule. ;

62° VICTORIA:, No. 37.

Land Act, 1898.

[Section 92.]	Twenty-fourth Schedule.
WESTERN AUSTRALIA.
Form of Pastoral Lease.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of

the Faith, &G., &c. To all to whom these Presents shall come., Greeting : Know Ye that We of our especial

Grace, and in consideration of the sum of to our Minister for Lands for our Colony of Western Australia, already paid by in the said Colony, hereinafter called the Lessee, and also in consideration of the rents hereinafter reserved on the part of the said Lessee , Executor, Administrators, and Assigns to be paid, and in exercise of the powers in this behalf to Us given by "The Land Act, 1898," Do by these Presents Demise and Lease unto the said Lessee, the

natural surface of ALL TEAT piece or parcel of land described in the Schedule hereto or delineated on the plan

hereon, with the appurtenances ; EXCEPT and always reserved to Us, Our Heirs and Successors, full power during the term hereby granted, from time to time to sell to any person or persons all or any unsold portion of the said demised Premises, subject to any claim for improvements that may be lawfully made in pursuance of the said Act ; also full power and absolute authority, at any time during the continuance of this demise, to make grants or sales of all or any part or parts of the said demised premises for public purposes ; and also to except from sale, and reserve to Us, Our Heirs and Successors, or to resume and enter upon and dispose of in such other manner as for the public interest to Us, Our Heirs and Successors, may seem best, such part or parts of the said demised Premises as may be required for public roads, or other internal communications by land or water, or for the use and benefit of the Aboriginal inhabitants of the country, or for purposes of military defence, or as the sites of places of public worship, schools, or parsonages, or other public buildings, or as places for the interment of the dead, or places for the recreation and amusement of the inhabitants of any town or village, or as the sites of public quays or landing places on the sea-coast or shore of navigable streams, or for the construction of tramways, railways, or railway stations, or for the purpose of sinking shafts and digging for and taking away gold, silver, copper, tin, lead, or other metals, ores, and minerals and other substances containing metals, all gems and precious stones, coal and mineral oil, or for any purposes of public defence, safety, utility, convenience, or enjoyment, or for otherwise facilitating the improvement and settlement of our Colony ; and also permanently or for temporary use to lay out, declare open, and make public roads into, through, and out of or over any part of the said demised Premises ; with the liberty to Ourselves, Our servants, agents, and workmen, to enter upon the said demised Premises, and dig for, quarry, and take away, any indigenous produce, rock, soil, or other material required for public purposes ; and to fell, cut and remove all or any timber, sandalwood, or other woods growing or being thereon, and to issue licenses to any person or persons, authorising him or them to cut, remove, and cart away the same, with full and free liberty to such licensed persons, at all reasonable times of ingress, egress, and regress for such purposes ; and, subject to any rights of the Lessee aforesaid, to license, to occupy, or to sell any other portion of the said Premises at any time, and with a right of immediate entry ; also to depasture on the unenclosed or enclosed but otherwise unimproved portions of the said demised Premises any horses or cattle in the employ- ment of the Government, working on or passing over the said demised Premises ; also for any person or persons to enter, pass over, through, and out of any such part of the said demised Premises, while passing from one part of the country to another, with or without horses, stock, teams, or other conveyances, on all necessary occasions ; and full right tc the aboriginal natives of the said Colony at all times to enter upon any unenclosed or enclosed, but otherwise unimproved part of the said demised Premises for the purpose of seeking their subsistence therefrom in their accustomed manner ; and also fuel right to any person or persons to enter on any part of the said demised Premises to examine the mineral capabilities thereof, and to do all things necessary for the purpose of effectually making such examina- tions, but paying, nevertheless, full compensation for any damage arising therefrom. To HAVE AND TO Horn the Premises hereby demised (except as aforesaid, and subject to the powers, reservations, and conditions herein and in the said Act contained, and with all the rights, powers, and privileges conferred by such of the said Act as are applicable hereto), unto the said Lessee , Executors, Administrators, and Assigns, for the term

of years, to be computed from the first day of , 18 , until the 31st day of

, 19 ; YIELDING AND PAYING for the same, always half-yearly in advance, during the said term unto Us, our Heirs, and Successors, on or before the first day of March, and on or before the first day of Sep- tember, in each year, the sum of

without deduction, except such deduction as the said Lessee , Executors, Administrators, or Assigns may be entitled to under the said Act, and all of such payments to be made to our Minister for Lands. PROVIDED, nevertheless, and it is hereby declared, that if the said rent be not paid in advance as prescribed by the said Act, or if the Lessee , Executors, or Administrators shall assign or underlet the premises or any part thereof without the Minister's approval, in writing, as required by the said Act first obtained; then these Presents shall become void, and the term hereby granted shall be absolutely and indefeasibly forfeited, and it shall thereupon be lawful for Us, Our Heirs and Successors, into and upon the said demised Premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy, as if this deed-poll had never been executed, without making any compensation to the said Lessee , Executors, Administrators, or Assigns. PROVIDED that the said Lessee , Executors, or Administrators, or allowed Assigns may at all times, during this demise, on any part of the said Premises, fell, cut, and use any timber for his domestic and farm purposes, or for the construction of any buildings, fences, stockyards, or other improvements, and use any other materials for the like purposes, but so, nevertheless, that the said Lessee , Executors, Administrators, or allowed Assigns, shall

62° VICTORI}E, No. 37.

Land Act, 1898.

not sell the said timber or material, or use the same, or suffer it to be used, except on the said demised

Premises ; AND THAT We, Om: Heirs and Successors, are not, nor shall be liable or responsible for any error in

the descriptive boundaries of the land hereby demised, which may be shown by any survey hereafter to be made of the said lands, nor for any deficiency in the quantity and acreage of the lands hereby demised caused by any such error as aforesaid, nor in respect of any claims which may be set up by any otherperson or persons to any part or parts of the said demised Premises. PROVIDED, LASTLY, and it is hereby declared, that We, Our Heirs or Successors, shall not be liable to compensate the said Lessee , Executors, Administrators, or allowed Assigns for any loss or damage arising from the exercise of all or any of the powers or rights hereby reserved to Us, Our Heirs and Successors, save and except in so far as the same may be provided for by the said Act.

SCHEDULE OR PLAN HEREIN REFERRED TO.

In witness whereof We have caused Our Minister for Lands to affix hereto his Seal and set his hand this

day of

[SEAL.] Minister for Lands.

Twenty-fifth Schedule, [Section 138.]

Memorandum of Mortgage.

I, of , being the registered holder of (describe

the holding and number of the lease or license) under the provisions of Part of " The Lands Act, 1808," in

consideration of the sum of lent to (or due by) me to

of , hereby mortgage the said holding to him. And I do hereby covenant and agree with the said that I will pay him the said sum on (here insert day appointed for payment, covenant for payment of interest, and such other covenants as may be agreed upon). And in default of performance on my part of the above covenants or any of them, I authorise the said

to sell the said holding in accordance with the provisions of the said Act.

In witness whereof I have hereto signed my name this day of 18

Signed by the abovenamed as Mortgagor this

day of 18 ,

in my presence

J.P.

Twenty-sixth Schedule. [Section 143.]

Form of Transfer of a Lease or License of Crown Lands.

No.

Ix consideration of the payment to of the sum of hereby transfer all right,

title, and interest in No. to as shown below :—

(In cases where a portion of a Lease or License is transferred, the position and boundaries of such portion

must be clearly shown, at the foot or back of form.)

Dated this day of 18 .

IATituess Signature

No. or Lease or License. Acreage. Name and Address

Name in full and Name in fall end Address of Person to whom

Address of pie. rat -- Division. of Person to whom Certificate of

Lessee or Licensee Portion tnumferred. '':Luster is to be :

Original. transferred. Original. emsfened forwarded.

Received this transfer at o'clock day of , 18 , with fee of One pound.

Collector of Land Revenue.

I approve the said Transfer Minister for Lands.

Date

Transfer registered Certificate of Transfer issued to Date

Stamp duty payable under the provisions of

"The Stamp Act, 1882."

(For every 15 and also for any

Transfer or assignment of a lease of any lauds. 1 fractiona l,r1).,',Larltueofoir:5tilefetolif.

Ennaption. sidenttion over -7:100 Gd.

Transfer or assignment of any lease of land issued under the Crown Land Regulations, in any case in which the amount or value of the considera- tion for such transfer or assignment does not exceed L100.

See section 45.

62° VICTORLE, No. 37.

Land Act, 1898.

[Section 142.] Twenty-seventh Schedule.

_Sown of Certificate of Transfer of a Lease or License of Crown Lands.

No. Department of Lands and Surveys,

Perth, 18 .

This is to certify that , No. has this day

been transferred from	to	and that it now stands in the latter name in the
Records of this Office, as shown below :—

Annual Rent.

Name. No. I Acres. Division.

1st Term. 2ud Term.

Ministor o Lands.

To

[Section 152.	Twenty-eighth Schedule.
Correspondence No.

Application for a Special Lease.

Division.

No. District, County, or Locality,

Plan Place and Date of Application,

I HEREBY apply for a lease of the section of Land described below, under the provisions of Section 152 of

"The Land Act, 1898."

Position and boundaries of land applied fox .

Annual Rent.

Acreage

Name at full length, address, and calling of Applicant. applied for.

1st Term. Mid Term. 3rd Term.

[Here follows as in Eighth Schedule.]

Non—In approving this application any Imitatio / in depth must be stated.

[Section 152.]	Twenty-ninth Schedule.
WESTERN AUSTRALIA.

Special Lease.

DIVISION.

No. Locality

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, &c., &c., &c. To all to whom these presents shall come, Greeting : Know ye that, whereas by "The Land Act, 1898," power is given to the Governor in Council to grant leases of any portion of land to any person for any special purpose upon certain terms and conditions set forth in Section 117 of the said Act; And whereas of in the said Colony, has made application for a lease of the land hereinafter described for the special purpose of

; AND whereas the Governor in Council has approved the granting of the said lease ; WE, of our

special Grace, and in consideration of the premises, and also in consideration of the rents hereinafter

reserved and on the part of the said , Executors, Administrators,

62° VICTORIIE, No. 37.

Land Act, 1898.

and Assigns (hereinafter called the "Lessee"), to be paid, and in exercise of the powers in that behalf to us given by the said Act, do by these Presents demise and lease to the said Lessee, the natural surface and so much of the land as is below the natural surface to a depth of feet of ALL THAT /Sew or parcel of land described in Schedule hereto, or delineated on the plan hereon, with the appurtenances To have and to hold the Premises hereby demised subject to the powers, reservations, and conditions herein and in the said Act contained, and with all the rights, powers, and privileges conferred by such of the said Act as are applicable hereto, unto the said Lessee , for the term of years, to be computed from the day of 18 for the special purposes aforesaid; Yielding and paying for the same half-yearly in advance on the first day of March and the first day of September during, the said term, the rent of in every year unto Us, Our Heirs Successors without deduction ; such rent to be paid to our Minister for Lands of Our said Colony. Provided nevertheless, that it shall at all times be lawful for Us, our Heirs, and Successors, or for any person or persons acting in that behalf, by Our or their authority, to resume and enter upon possession of any part of the said lands which it may at any time by Us, our Heirs, and Successors, be deemed necessary to resume for roads, tramways, railways, railway stations, bridges, canals, towing paths, harbour or river improvement works, drainage, or irrigation works, quarries, and generally for any other works or purposes of public use, utility, or convenience, and for the purposes of exercising the power to search for minerals and gems hereinafter reserved, and such land so resumed to hold to Us, Our Heirs and Successors, as of Our or Their former estate, without making to the said Lessee, Heirs and Assigns any compensation in respect thereof; so nevertheless, that the lands so to be resumed shall not exceed one-twentieth part in the whole of the lands afore- said, and that no such restunption be made of any part of the said lauds upon which any buildings may have been erected, or which may be enclosed and in use as gardens, or otherwise for the more convenient occupation of any such buildings without compensation. Provided also, that it shall be lawful at all times for Us, Our Heirs and Successors, or for any person or persons acting in that behalf, by Our or Their authority, to cut and take away any such indigenous timber, and to search and dig for, and carry away any stones or other materials which may be required for making or keeping in repair any roads, tramways, railways, railway stations, bridges, canals, towing paths, harbour works, breakwaters, river improvements, drainage, or irrigation works, and generally for any other works or purposes of public use, utility, or convenience, without making to the Lessee, Heirs, or Assigns, any compensation in respect thereof. And we do hereby save and reserve to Us, Our Heirs, and Successors, all mines of gold, silver, copper, tin, or other metals, ore, and mineral or other substances containing metals, and all gems and precious stones, and coal or mineral oil in and under the said land, with full liberty at all times to search and dig for, and carry away the saute; and for that purpose enter upon the said land or any part thereof. Provided also, that if the said Lessee shall during the term hereby created at any time make default in payment of the rent hereby reserved, or shall fail or cease to use, hold, and enjoy the said laud for the said special purpose, it shall thereupon be lawful for Us, Our Heirs, and Successors, into and upon the said demised premises, or any part thereof in the name of the whole, to re-enter and the same to have again, re-possess, and enjoy, as if this deed-poll had never been executed, without making any compensation to the said Lessee.

SCHEDULE OR PLAN HEREIN REFERRED TO.

IN WITNESS whereof we have caused our said Minister for Lands to affix hereto his Seal and set his hand this

day of 18 .

Minister for Lands,

Thirtieth Schedule. ;Section 1(4.]

WESTERN AUSTRALIA.

Form of License to Quarry.

No.

Know ALL MEN that I do hereby give to

of in consideration of the sum of by him duly

paid, full license and authority for to enter upon the Crown Lands in

the vicinity of for the following purposes, that is to say : To quarry, dig for, and carry away any rook, soil, or other material, for building purposes, or to make bricks or any other commodity subject to the terms and conditions of "The Land Act, 1898.'' And this license shall be in force for calendar months from the date hereof.

Witness my hand this day of 189 .

62° VICTORUE, No. 37.

Lund Act, 1898.

[Section 110 (6).]	Thirty-first Schedule.
Form of Timber License.

Division.

District, County, or Locality

No.

Tins is to certify that of is hereby licensed for calendar month from date hereof,to from Crown Lands, not included in any Reserve or any Special Timber License, and subject to the terms and conditions of " The Land Act, 1898."

Minister for Lands.

Date

Amount. .6 s. d.

[Section 113.] Thirty-second Schedule.

Form of Application for a Timber Lease.

Division.

No.	District or Country.
Plan	Place and date of application.

I HEREBY apply for a lease of the Crown Lands described below, under the provisions of Section 113 of

"The Land Act, 1898." I am 18 years of age, and otherwise duly qualified to hold land under this section.

Position and boundaries of land applied for :—

Laud now held by applicant under

Name at full length, Homestead Lease, exclusive of present ge applied 1 Annual Rent. Hurve

address, and calling Application.

of applicant. for.

No. Acraige.

s. d.

Signature of Applicant. Office References.

Received this Application at o'clock on the day Applieauts sic requested not

to write iu this spate.

of 189 , with deposit of

Collector of Land Revenue.

Application approved, as shown above, this day of 189

'Perm of Lease to extend from to

Minister for Lands.

Received £ Rent due,

Collector of Land Revenue.

Date 189

Lease signed, Date

Lease issued to Date 189

62° VICTORLE, No. 37.

Laud Act, 1898.

Thirty-third Schedule.	[Section 42.]
WESTERN AUSTRALIA.

Form of Lease for 999 Years.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the

Faith, &c., &c., &c. To all to whom these presents shall come, greeting : KNOW ye that we, of our especial Grace,

certain knowledge, and mere motion, do by these presents grant and demise unto

and the Survivor of them, and the Executors, Administrators, and Assigns of the Survivor, the natural surface

and so much of the land as is below the natural suface to a depth of feet of ALL THAT piece or parcel of land

situate and being , in our Colony of Western Australia, containing acres

roods ment of Lands and Surveys of our said Colony as perches, more or less, and marked and distinguished in the maps and books of the Depart-

and bounded on the

and as the same is delineated in the plan drawn in the margin hereof. Together with all easements and appurtenances to the said piece or parcel of land belonging or appertaining : To hold the premises hereby demised or expressed so to be unto the said and the survivor of them, and the Executors, Administrators, and Assigns of the Survivor (hereinafter called the "Lessees "), as Trustees for from the clay of One thousand eight hundred and ninety- , for the term of Nine hundred and ninety-nine Years thence next ensuing ; Yielding and paying therefor to Us, Our Heirs and Successors, one pepper-corn of yearly rent on the twenty-fifth day of March in each year, or so soon thereafter as the same shall be lawfully demanded. PROVIDED, ALWAYS, that the said piece or parcel of land hereby demised shall at all times during the said term be used by the Lessees

and for no other purpose whatsoever, without the license in writing of Us., our Heirs and Successors first obtained ; And that if the Lessees at any time during the said term shall make default in payment of the rent hereinhefore reserved, if demanded, or shall, without such license as aforesaid, use the land otherwise than for the purpose for which it has been demised, it shall, thereupon be lawful for Us, our Heirs and Successors, into and upon the said land, or any part thereof in the name of the whole to re-enter, and the same to have again, repossess, and enjoy as if this demise had never been executed. PnovinED, ALSO, that it shall at all times be lawful for Us, our Heirs and Successors, or for any person or persons acting in that behalf by Our or Their authority, to resume and enter upon possession of any part of the said lands which it may at any time by Us, our Heirs and Successors, be deemed necessary to resume for roads, tramways, railways, railway stations, bridges, canals, towing-paths, harbour or river improvement works, drainage or irrigation works, quarries, and generally for any other works or purposes of public use, utility, or convenience, and for the purposes of exercising th, power to search for minerals and gems hereinafter reserved, and such land so resumed to hold to Us, Om Heirs and Successors, as of Our or Their former estate, without making to the said

Heirs and Assigns any compensation in respect thereof ; so, nevertheless, that no such resumption be made of any part of the said land upon which any buildings or improvements may have been made by the Lessee without compensation ; PRovinnn, ALso, that it shall be lawful at all times for Us., Our Heirs and Successors, or for any person or persons acting in that behalf, by Our or Their authority, to cut and take away any such indigenous timber and to search and dig for and carry away any stones or other materials which may be required for making or keeping in repair any roads, tramways, railways, railway stations, bridges, canals, towing-paths, harbour works, breakwaters, river improvements, drainage or irrigation works, and generally for any other works or purposes of public use, utility, or convenience, without making to the Lessee, Heirs or Assigns any compensation in respect thereof ; and we do hereby save and reserve to Us, Our Heirs and Successors, all mines of gold, silver, copper, tin, or other metals, ore, and mineral or other substances con- taining metals, and ad gems and precious stones, and coal or mineral oil, in and under the said land, with full liberty at all times to search and dig for, and carry away the same; and, for that purpose, enter upon the said land or any part thereof.

IN WITNESS whereof We have caused Our trusty and well-beloved

Governor and Commander-in-Chief of Our said Colony, to affix to these Presents the Public Seal of the said

Colony.

Sealed this day of One thousand eight hundred and ninety-

Thirty-fourth Schedule.

Fees for Timber Licenses. ..4.' s. d.

1. Timber License, per month per man ... ... ... . ... 0 10 0

2. Woodcutter's or Charcoal Burner's License, per month per man 0 5 0

3.	Sandalwood License,	do.	do.	0 5 0
Wattle Bark License,	do.	do.	0 5 0
5.	Bark and Gum License,	do.	do.	0 5 0

6. Felling and Hewing Piles, Poles, and Balks License, do. do.' 3 0 0

By Authority : A Cuierm, Acting Government Printer, Perth.