Land Act Amendment Act 1905 (WA)

WESTERN AUSTRALIA.

ANN() QUINTO

EDWARD' SEPTI1VII REGIS,

XXII.

46*******************************************************

No. 22 of 1905.

AN ACT to further amend the Land Act,

1898.

[Assented to 23rd December, 1905.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

1.     This Act may be cited as the Land Act Amendment Act, short le.

1905, and shall be read as one with the Land Act, 1898, hereinafter

referred to as the principal Act.

2.      Section twelve of the principal Act is hereby amended by Amendment of

striking out the words " and leases for a term of over thirty years." 6212Viet., No. 37, s

3.      Section thirteen of the principal Act is hereby amended by Amendment of

62 Viet., No. 37,

striking out the words "and leases for upwards of thirty years." s. 13.

1905, No. 22.] Land Act—Amendment [5 EDW. VII.

Amendment of	4. Section sixty-eight of the principal Act is hereby amended
62 Vict., No. 37,

s. 68. by inserting after the word " division," in line three, the following words: " not being lands within a pastoral lease held under the Land Regulations of 1887."

Amendment of 5. Subsection five of section eighty-eight of the principal Act is

a. 88 (5). 62 Viet., No. 37, hereby amended by striking out all the words after the word "in-

provements," and inserting in place thereof " in addition to the external fencing an amount equal to double the full purchase money : Provided that not more than one-half of the cost of any house erected thereon by the lessee may be included in the prescribed improvements."

Amendment of	6.	Section one hundred and forty-three of the principal Act is
62 Vict., No. 37,

a. 143.

hereby amended by inserting, after the word " Minister," the words

" or an officer authorised in that behalf by the Governor."

Edwd. VII., No. 20,

Amendment of 1 & 2, 7. Section six of the Land Act Amendment Act, 1902, is hereby

s. 6. amended by striking out the words " or townsite," in line six thereof.

Lessees to pay half 8.

Every lessee or selector under Parts V., VI., or VIII. of the principal Act shall pay one-half the prescribed cost of survey in two instalments, the first of such instalments being paid with his application, or within thirty days after notice being given to him by the Minister of the amount required, and the subsequent instalment within twelve months from the date when the first instalment was payable, and in default the lessee or selector shall be subject to the penalties prescribed in section one hundred and thirty-one of the principal Act.

cost of survey.

Fencing not 9.

Notwithstanding anything to the contrary contained in the principal Act, or any amendment thereof, the Minister may, in his discretion, permit any lessee to substitute in lieu of fencing any other prescribed improvement of equal value.

obligatory.

Power to the Gover- 10.

When any reserve is not immediately required for the purpose for which it was made, the Governor may grant a lease or leases thereof from year to year, or for any shorter term, for any purpose, at such rent and subject to such conditions as he may think fit.

nor to lease re-

serves.

Acceptance of rent 11.

The demand or acceptance of rent in respect of any lease amendment thereof, before or after the passing of this Act, shall not be deemed a waiver of the right of His Majesty or the Minister to enfoice the observance of any covenant, condition, or regulation under which the demised premises are held, or the forfeiture thereof for breach of any such covenant, condition, or regulation committed before the receipt of such rent.

not to be deemed

waiver of breach	granted or agreed to be granted under the principal Act, or any
of covenant.

5 EDW. VII.] Land Act—Amendment. [1905, No. 22.

12.

If at any time after the approval of an application for a homestead farm it shall appear to the Minister that the applicant has	Power to cancel
abandoned applica-
tions for homestead
abandoned the holding, the Minister may, by notice in writing,	farms.
require the applicant to show cause why the application, and the occupation certificate, if issued, should not be cancelled ; and unless, within twenty-one days after the service of such notice or such further time as may be stated therein, the applicant shall show cause to the contrary, it shall be lawful for the Minister, by notice in the
Government Gazette, to cancel the application and the occupation
certificate, if issued, and thereupon all the interest of the applicant, and any person claiming under him, in the holding shall absolutely cease and determine.

13.      Section twenty of the Land Act Amendment Act, 1901-, is Continuance of stet

hereby repealed, and the said Act shall continue in force as if such No. 58 of 19"

section had never been enacted.

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