Land Act Amendment Act 1915 (WA)

WESTERN AUSTRALIA.

60

ANNO SEXTO

GEORGII QUINTI REGIS,

XXVII.

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No. 60 of 1915.

AN ACT to further amend the Land Act,

1898.

[Assented to, 8th December, 1915.]

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

ment assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Land Act Amendment Act, Short title.

1915, and shall be read as one with the Land Act, 1898, herein-

after referred to as the principal Act.

2. Notwithstanding anything contained in the principal Act Power to reduce the price of con-

to the contrary ditional purchase

(a) If in the case of land open for selection under Parts V. or VI. of the principal Act, or held under condi- tional purchase lease granted under either of such Parts for a term commencing on or after the first day of January, One thousand nine hundred and ten, it is proved to the satisfaction of the Governor that, hav- ing regard to the quality and productiveness of the land, its distance from a railway and market or port, or other circumstances, the price of such land, prescribed by or under the principal Act, or reserved by the conditional purchase lease, is excessive, the Governor may, in his discretion, reduce the price of such land to not less than three shillings and ninepence per acre, exclusive of the value of improvements (if any) and survey fees ; and land. •

1915, No. 60.] Land Act—Amendment. E6 GEO. V.

(b) In the case of land open for selection as aforesaid, or held under conditional purchase lease granted on or after the first day of January, One thousand nine hundred and five, it is proved to the satisfaction of the Gover- nor that the land is infested with indigenous poison plants, the Governor may reduce the price to not less than two shillings and sixpence per acre, exclusive of the value of improvements (if any) and survey fees:

Provided that on such reduction being made the lessee shall not receive a refund of rent already paid, but the excess shall be placed to the lessee's credit, without, however, affecting his liability to continue the payment of annual rent at the reduced rate per acre, until the purchase price, adjusted as aforesaid, and reduced by the amount so placed to his credit, is fully paid.

Provided, also, that this section shall not apply to any lessee whose rent to the thirty-first day of December, One thousand nine hundred and fifteen, is in arrear, unless and until such rent is paid.

conditional pur-chase leases not to purchase lease granted before or after the commencement of this	Annual rent under 3. The annual rent hereafter payable under any conditional
acre. exceed sixpence per Act shall not, except as hereinafter provided, exceed sixpence per

acre per annum ; but, if the price of the land exceeds ten shillings per acre, the Minister may, so far as necessary to reduce the annual rent to sixpence per acre, extend the term of the lease to not exceeding thirty years from the commencement thereof, and such rent shall be payable by the lessee accordingly, under and subject to the provisions of the principal Act and the conditional purchase lease during the term thereof as extended: Provided that if the price of the land would not, at the rate of sixpence per acre per annum, be fully paid within thirty years from the commencement of the lease, the amount payable as annual rent shall be proportion- ately increased, to the intent that the payment of the price of the laud shall be made in full within thirty years from the commence- ment of the lease : Provided, also, that this section shall not apply to any lessee whose rent to the thirty-first day of December, One thousand nine hundred and fifteen, is in arrear, unless and until such rent is paid.

In respect of any land held under Conditional Purchase lease coining within the meaning of this Act and which is more than twelve and a-half miles from an existing railway, the Minister may defer the payment of rent for any period up to five years, and may extend the term of the lease, subject to the last preceding section.

Exemption from 4.

payment of rent.

Power to average

the price of culti- 5. (1.) Land classified as cultivable land and grazing land

vable and grazing

may be comprised in the same conditional purchase lease, and

land comprised in

leases granted under Part V. and Part VI. of the principal Act

the same lease.

before the commencement of this Act may be amalgamated.

(2.) If more than half of the area comprised in a lease is

cultivable land, the lease shall be granted under Part V. of the

6 GEO. V.] Land Act—Amendment. [1915, No. 60.

principal Act, and if half or more than half of the said land is grazing land, the lease shall be granted under Part VI. of the principal Act.

(3.) The price of the land as a whole shall be the average of the price of the cultivable or grazing land comprised in the lease.

(4.) For the purpose of computing the maximum area which may be lawfully held under Part V. and Part VI. of the principal Act, as one holding under and subject to the principal Act as modified by this section, five acres of grazing land shall be deemed the equivalent of two acres of cultivable land.

(5.) If for the purpose of amalgamation leases are surren- dered and a new lease is issued, any mortgages 'of, or other encum- brances upon, the surrendered leases, shall not be affected by the amalgamation, but shall attach to the new lease, and shall be en- dorsed thereon as encumbrances.

(6.) The Minister may exempt from the payment of regis- tration fees any surrender of leases for the purpose of amalgama- tion under this section.

6. The proviso to section fifty-three of the principal Act is Amendment of section 53.

hereby repealed.

7.	Section one hundred and thirty-seven of the principal Act is	Repeal of section
137.

hereby repealed.

Notwithstanding anything contained in section one hun- dred and forty-seven of the principal Act to the contrary, where	required to
Selector may be
accelerate payment
there are existing improvements on land applied for, and such	for existing im-provements made
improvements were made by a former lessee or licensee whose	by a prior selector.
holding may have been surrendered or forfeited, and the Governor may, in the exercise of the discretion vested in him, have directed that the value of such improvements shall be wholly or partially paid to the former lessee or licensee, the applicant may be re- quired to pay the value of such improvements to be determined by the Minister at such time and in such manner as the Minister may direct.

8.

Section fourteen of the Land Act Amendment Act, 1909, is hereby amended by the addition thereto of a paragraph as follows :—	Amendment of
Sec. 14 of Lot of
1909.
All moneys standing for the time being to the credit of the lands improvement loan fund may be invested from time to time in such securities and in such manner as the Colonial Treasurer may determine, and the Colonial Treasurer may, subject to appropriations by Parliament, apply such moneys or the proceeds of the invest- ments thereof, to the improvement, survey, and preparation for sale, of Crown land, or to any purpose authorised by the schedule of any Loan Act in force for the time being.

9.

1915, No. 60.j Land Act—Amendment. [6 GEO. V.

Fractions of an acre	10. In fixing the maximum area of any holding under section
to be disregarded in

fixing the area of	fifty-five, fifty-six, fifty-seven, sixty-eight, or seventy-four of the
holdings.	principal Act, any fraction of an acre may be disregarded.

By \ ority: FRED. WM. SIMPSON, Government Printer, Perth.