Land Act Amendment Act 1900 (WA)

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ANNO SEXAGESIMO QUARTO

VICTORIA] REGINA,.

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No. XV.

AN ACT to further amend the Land Act. 1898.

[Assented to, 5th December, 490o.]

-DE it enacted by the Queen's Most Excellent Majesty, by1i and with the advice and consent of the Legislative Council

and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as the Land Act Amendment Act, Short e

1900, and shall be construed as one with the Land Act, 1898,

hereinafter referred to as the principal Act.

SECTION seventeen of the principal Act is amended by striking out all the words after " Government Gazette," and by Wet

2.

inserting in lieu thereof : " Provided that if two or more applicants shall lodge applications for the same land on the same clay, or if two or more applications for the same land are received through the Post Office on the same day, the applications shall be deemed to be lodged or received at the same time. In such case the right of priority shall be determined by lot, in the manner prescribed in the next following section ; but the Minister may, in lieu thereof, in his discretion appoint such persons as he may think fit to hold an inquiry and select the person to whom the land shall be granted."

64° VICTORI}E, No. 15.

Land Act—Amendment.

Amendment of 623. SECTION sixty-six of the principal Act is amended by Viet., No. 37, sec.66. striking out " homestead lease or," in line four thereof, and by

striking out, after the word " prescribed," in line six, the words " and a sum of at least four shillings an acre has been expended on it in statutory improvements," and by striking out the word " Minister," in line seventeen, and inserting " Governor " in lieu thereof.

THE following words in section sixty-six of the principal 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."

4.

Amendment of see.

66 of 62 Viet., No.	Act are hereby repealed :—" The Minister may estimate the value of
37.

5.     THE provisions of section sixty-six of the principal Act shall

Extension of see. 66

to grazing leases.

extend to grazing leases granted under Part VI. thereof, and to

homestead leases granted under the Homesteads Act, 1893.

6.

SECTION sixty-nine of the principal Act is amended by inserting, in line two thereof, immediately after the word " Crown," the words " and such lessee is eligible to select or hold land as a grazing lease."

Amendment of 62

Wet., No. 37, see. 69.

7.     WHERE in the case of any homestead farm granted under

Governor may dis-

pense with certain	section seventy-eight of the principal Act, or under the Home-
improvements to	steads Act, 1893, a habitable house, costing not less than thirty
homestead farms.	pounds, has been erected, or, in lieu thereof, thirty pounds has been expended in clearing, or clearing and cropping, or, in lieu thereof, two acres of orchard and vineyard have been properly prepared and planted, and kept in good order, and the Minister is satisfied that a sum equal to Thirty shillings an acre of one-fourth of the acreage of the holding has been expended in clearing and cropping within five years from the date of the occupation certificate, and a further sum of Thirty shillings an acre of one-fourth of the said acreage has been likewise expended within seven years from the same date, and that, from the nature or situation of the land, or the composition of the soil, or because of the heavy nature of the clearing, its further cul- tivation would be out of proportion to the probable returns, or other- wise impracticable, the Governor may discharge the lessee from obligation to make further improvements.

8.     SECTION one hundred and two of the principal Act is

Amendment of see.

102 of 62 Wet., No.	hereby amended by striking out the words " or more than twenty
37.	thousand acres, at a rental of ten shillings per thousand acres," in the fourth and fifth lines thereof, and by substituting the words " at the same rental prescribed for pastoral leases within the division in which the land is situated."

64° VICTORLE, No : 15.

Land Act— Amendment.

9.

SECTION one hundred and thirty of the principal Act is amended by inserting, in line one, after the word " split," the word	Amendment of 02
Viet., No. 37, see,
" remove."	130.

10.

SECTION one hundred and thirty-four of the principal Act is amended by striking out the words " and registered," in the first	Amendment of 02
Viet., No. 37, see. 134.
line of sub-section two.

SECTION one hundred and forty-six of the principal Act is struck out, and the following is inserted in lieu thereof :—	Amendment of 62
Viet., No. 57, see.

11.

1 46. ON the expiration by &fluxion of time of any pastoral lease not open to renewal on the same or any other	146.
?Sinister to pay for
Improvements in
conditions to the same lessee, or upon any pastoral lessee	nertain eases.
being deprived by the Minister, acting under this Act, of the use of any land held under a pastoral lease and comprised within an agricultural area or reserve, the pastoral lessee shall, subject to the provisions of this Act, receive from the Minister the fair value of all lawful improvements then on the land of which the lessee has been deprived, or which being outside such land and comprised in such pastoral lease have become lessened in value by reason of such deprivation. If a pastoral lease be renewed to a succeeding lessee, the previous lessee shall be entitled to receive from the succeed- ing lessee the fair value of all such improvements existing on the land. The amount of compensation to be paid to a lessee by the Minister or a succeeding lessee for improvements shall, in all cases, be determined. as far as may be, in the manner prescribed in section one hundred and forty-eight of this Act, as if the Minister or the succeeding lessee were a selector.

SECTION one hunched and forty-eight of the principal Act is struck out, and the following is inserted in lieu thereof :—

Amendment of 62

Viet., No. 37, see.

133.

12.

148. THE holder of a pastoral lease shall be entitled to claim from any person who, under this Act, selects the whole or any portion of such pastoral lease the fair value of any lawful improvements then existing upon the land applied for, or which being outside such land but comprised in such pastoral lease have become valueless or lessened in value by

reason of the pastoral lessee being deprived of the land

selected :—

( 1 .) The value of such improvements shall be ascertained by one competent person appointed by the	Arbitrators to be
appointed.

selector and one by the lessee ; any difference of opinion between such valuers to be determined by the Resident Magistrate of the district acting as umpire.

64° VICTORIi, No. 15.

Land Act—Amendment.

Pastoral lessee to be (2.) Within sixty days from the date on which the lessee been applied for in his pastoral lease, the lessee shall furnish the Minister with a full and com- plete statement of the improvements (if any) for which he claims compensation, and shall, at the same time, name a competent person as his arbitrator. The Minister shall thereupon inform the selector of the claim of the lessee, and shall

notified of applica-	is informed by the Minister that any land has
tion.
Selector to be notified
of lessee's claim.	require the selector to forward to him the amount claimed within sixty days of the date of the notification : Provided that if the land is not surveyed at the time it is selected, the said sixty days shall commence to run from the date on which the lessee is informed that the land has been surveyed.

(3.) If the selector thinks that the improvements are rated at more than their value, he may, within the sixty days allowed, inform the Minister that he refuses to pay the amount claimed, and shall then name an arbitrator to meet the arbitrator of the lessee at the Court

Selector may refuse

to pay.

Date of arbitration	House of the District on a day to be fixed by the
to be fixed by	Minister, and the Minister shall notify the
Minister.	selector and lessee accordingly.

(4.) The arbitrators shall meet and decide upon the be determined by the Resident Magistrate for the district acting as umpire, and the decision arrived at shall be final. The Resident Magistrate may adjourn such arbitration if he think fit, and in such case shall notify the parties accordingly.

Meeting of arbitra-

amount to be paid ; any difference of opinion to

tors.

Amount of award to

The amount fixed shall, within sixty days, be

be paid within sixty

paid to the Resident Magistrate, who shall pay it

days.

to the lessee, forwarding the receipt of the lessee

for the money to the Minister.

(5.) If either of the arbitrators. fails to attend, the

Party in default to	case shall be heard and decided by the other
trator attending.	arbitrator attending, and in the event of neither party attending, the claim. for improvements shall be considered as withdrawn.

be bound by arbi-

(6.) The arbitrators shall have power to award such costs as in their opinion shall be deemed suffi- cient ; not, however, exceeding in any case Fifty pounds.

Costs.

64° VICTORLE, No. 15.

Land Act—Amendment.

(7.) Provided ,	always, that nothing herein contained shall prevent any pastoral lessee from removing Remover	Removal of improve-
with the Minister's permission, any such improve- ments which, in the opinion of the Minister, are capable of removal without permanently deterior- ating the value of the land on which they are, if such removal is carried out within three months from the approval of the application to purchase.

13.

SECTION one hundred and fifty-two of the principal Act is amended by inserting, in hue six, immediately after the word v AimetendiN neont 37of see. e6e2

" town," the words : "for taking, diverting, conserving, and using 152.

water for mining, industrial, and other purposes, or for.

14. THE Governor may, by notice in the Government Gazette, Residential leases.

define and set apart for residential leases any unalienated town, suburban, or rural lands, and may in like manner declare any such land as open for selection, and may withdraw any such land from being so open, and may, by regulations, prescribe the terms and conditions on which such leases may be granted. Before any land is so declared open for selection, it shall be surveyed under the direction of the Minister, and divided into lots, each not exceeding half-an- acre in area. No lands of which residential leases are granted under this section, or of which residential leases have been or may hereafter be granted under regulations in that behalf, shall be sold or granted in fee simple.

A NOTICE inserted in the Government Gazette, signed or purporting to be signed by the Minister or the Under Secretary for	Gazette notice to be
equivalent to
Lands, to the effect that any lease, license, or other holding is	•e-entry.
forfeited for default in payment of rent, or for breach or non- observance or non-performance of the conditions thereof, shall be deemed equivalent to a re-entry and recovery of possession by or on behalf of the Crown within the meaning of the proviso for re-entry expressed in or implied by the lease, license, or other instrument.

15.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD PETHER, Government Printer, Perth.