Land Act Amendment Act 1950 (WA)
| 1950. | ] | Lands. | [No. 58. |
| LANDS. |
14° and 15' Geo. VI., No. LVIII.
No. 58 of 1950.
AN ACT to amend the Land Act, 1933-1948.
[Assented to 18th December, 1950.j
RE it enacted by the King's Most Excellent
Majesty, by and with the advice and consent
of the Legislative Council and the Legislative
Assembly of Western Australia, in this present
Parliament assembled, and by the authority of
the same, as follows:-
Short title.
| This Act may be cited as the Land Act Amend- ment Act, 1950, and shall be read as one with the | Cf. No. 37 of 1933, s. I |
| amended by Nos. 53 and 68 | |
| Land Act, 1933-1948 (Act No. 37 of 1933 as reprinted, | of 1948, s. 2. |
| with all amendments up to and including Act No. 68 of 1948, pursuant to the Amendments Incorpora- tion Act, 1938, and incorporated in Volume 3 of the Reprinted Acts of the Parliament of Western Australia), hereinafter referred to as the principal Act. | |
| Citation of |
1.
| 2. | The principal Act as amended by this Act may | principal Act |
| be cited as the Land Act, 1933-1950. | as amended. |
3. Section five A of the principal Act is repealed. &%led.
| No. 58.] | Lands. | [1950. |
gar& 4. Section seven of the principal Act is amended
tarn by adding after subsection (3) a subsection as fol-
1936 of the
| Common- | IC/WS:— |
| wealth. e. 6. |
(4) The Governor is authorised to agree with the Governor General of the Commonwealth for the sale or lease of any Crown lands to the Commonwealth and to execute any instrument or assurance for granting conveying or leasing the land to the Commonwealth.
8.8 amended. 5. Section eight of the principal Act is amended
by adding to subsection (2) thereof the words "or deemed by the Governor to be of approximately equal value subject, where applicable, to the pay- ment in cash of the difference between values."
S. 23
| amended. | 6. Section twenty-three of the principal Act is amended by inserting after the word "Crown" in line six of paragraph (b) of subsection (2) the words, "Provided however that in special circum- stances the Governor may waive the whole or part of such rent or other moneys." |
| 8. 24 |
amended. 7. Section twenty-four of the principal Act is amended by substituting for the word "purposes" in line seven of subsection (1), the word "purpose".
8.29
| amended. | 8. Section twenty-nine of the principal Act is |
amended by
| (a) | adding to paragraph (b) the words "or of any Crown instrumentality or of any muni- cipal corporation or road board"; |
| (b) | adding a subsection as follows: |
(2) Notwithstanding any other provi- sion in this or any other Act, the Gover- nor may, for such price and subject to such terms and conditions as he may determine, dispose of an estate in fee simple, free of all trusts, in any of the lands reserved under paragraph (b) of the last preceding subsection.
| 1950.] | Lands. | [No. 58. |
3.31
| 9. Section thirty-one of the principal Act is | amended. |
amended by
| (a) | inserting after the subsection number "(1)" |
| in line one the letter "a" in brackets, thus— "(a)>"; | |
| (b) | transposing paragraph (b) of subsection (2) to follow immediately after paragraph (a) of subsection (1); |
| (c) | deleting after the subsection number "(2)" the letter and brackets "(a)". |
10. The principal Act is amended by inserting Ke=etrfend.
after section thirty-seven a new section as follows:-
37A. (1) Any trustee holding land, whether Itrgie.gto
| for an estate in fee simple or leasehold, granted 2ecrheanncige: | or demised by the Crown in trust for any public certain /ands. |
| purpose, may, with the approval of the Gover- nor, surrender such land to His Majesty in whole or in part. |
(2)
The Governor may grant or demise to such trustee, by way of exchange for land sur- rendered under the last preceding subsection, other land to be held in trust for the same pub- lic purpose as the land so surrendered.
| Repeal | of |
| (3) Ordinance 16 Victories | No. 17 is repealed. Ordinance | O | inanc |
16 at. 17.
11. Section forty-one of the principal Act is .i,,Ldecl
amended by
(a) deleting from line five of the proviso to subsection (3) the words "the next follow- ing";
| (b) | inserting after the word "section" in line five of the proviso to subsection (3) the words "forty-two of this Act". |
| No. 58.] | Lands. | [1950. |
New section
| 41A inserted. | 12. A section is inserted in the principal Act |
after section forty-one as follows:-
Lots unsold
| at auction | 41A. (1) Any town or suburban lot put up unsold shall, on application lodged or received through the post within six months from the date of the auction, be available for purchase at the upset price. |
| may be sold | |
| at upset | for sale by public auction but passed in as |
| price within | |
| six months. | |
| (2) The application shall be accompanied by a deposit of ten per centum of the purchase money, and shall be deemed to be an applica- tion for land under this Act for the purposes of section one hundred and thirty-five of this Act. |
Where the application is approved, the sale of the lot shall, except in relation to the payment of the deposit, proceed in like manner and in all other respects as though the lot had been sold by auction.
(3)
S. 42
| amended. | 13. Section forty-two of the principal Act is |
amended by adding a subsection as follows:
(2) Regulations may
| (a) | prescribe and name different classes of suburban lands; |
| (b) | prescribe fencing requirements for each class or for suburban land in dif- ferent localities; |
| (c) | confer upon the Minister a power to approve or reject any fencing or to release the purchaser from the whole or part of his obligations with respect to fencing; |
| (d) | require the purchaser to expend in pre- scribed improvements on each lot a sum equal to double the amount of the purchase money. |
| 1950.] | Lands. | [No. 58. |
14. Section forty-four of the principal Act is amended.
repealed and the following section substituted:— ri!:10),regett.
44. Any lessee of town or suburban land Tar: acquired at public auction under this Act, i=1,1 whether before or after the commencement of simple! fee
the Land Act Amendment Act, 1950, may, sub- ject to the regulations, apply to purchase the fee simple of the land. The Governor shall thereupon fix the price for the sale of the fee simple, and, upon payment thereof and of the Crown grant fee, and on performance of the prescribed improvements, if any, the lessee may surrender his lease and obtain in lieu thereof a grant in fee simple of his holding.
S. 47
15. Section forty-seven of the principal Act is amended.
amended by
| (a) | substituting in line two of paragraph (a) of subsection (2) the words "two shillings" for the words "one shilling"; |
| (b) | deleting from line three and four of the same paragraph the words "or, except in special cases, more than fifteen shillings per acre"; |
| (c) | substituting in line three of paragraph (f) (ii) of subsection (4) the word "one-fifth" for the word "one-tenth"; |
| (d) | substituting the words "two pounds" for the words "one pound" where they occur, first in lines twenty-seven and twenty- eight and secondly in line thirty-one of paragraph (f) (ii); |
| (e) | adding to paragraph (f) of subsection (4) a subparagraph as follows: |
(iii) comply with any particular require- ments as to improvements and the value or quantity thereof as the Gov- ernor may specify in the notice declaring any particular lands as open for selection: Provided that the
| No. 58.] | Lands. | [1950. |
expenditure on such specified im- provements shall be deemed to be expenditure required pursuant to the provisions of the last preceding subparagraph.
S. 50
| amended. | 16. Section fifty of the principal Act is amended by deleting from the last line of subsection (2) the words "and improvements". |
| 3. 57 | |
| amended. | 17. Section fifty-seven of the principal Act is amended by |
| (a) | substituting in line one the word "forty- nine" for the word "fifty-nine"; |
!b) adding the words "Provided that no such rebate shall be allowed in respect of a lease approved for a term commencing on or after the first day of January, 1951".
S. GM
| amended. | 18. Section sixty-three A of the principal Act |
is amended by
| (a) | substituting in line sixteen the words "two shillings" for the words "one shilling"; |
| (b) | adding to subparagraph (ii) of paragraph (b) after the word "deferred" in line four, the words "and that the annual rental shall be proportionately increased to the intent that the payment of the full price for the land shall be made within the extended term of the lease". |
S. 64
| amended. | 19. Section sixty-four of the principal Act is |
repealed and the following section substituted:-
Lands open
| for selection. | 64. (1) In any notice in the Gazette under section forty-six of this Act, the Governor may direct that the selector of the whole of the land specified in the notice may, subject to this Act, |
| 1950.] | Lands. | [No. 58. |
apply for a portion thereof as a homestead farm; and may in like manner withdraw the direc- tion: Provided that the area of the homestead farm shall not exceed one hundred and sixty acres or one-tenth of the total area selected, whichever area is the less.
(2) From and after the commencement of the Land Act Amendment Act, 1950, a home- stead farm shall not be granted to any person except a selector who applies therefor under the' provisions of the last preceding subsection.
20. Section sixty-five of the principal Act is amended.
repealed and the following section substituted:-
| holder of a homestead farm or of more than one stead Farm. | 55. (1) Every person not being already the toprplgit2n |
hundred acres of land for an estate in fee simple or under conditional purchase lease, and being the head of a family or a male who has attained the age of sixteen years may, upon selection of land in respect of which the Governor has given the direction referred to in section sixty-four of this Act, apply to the Minister for a grant of a homestead farm for portion of the land so selected.
(2) Where the Minister approves of the appli- cation for a homestead farm, the selector shall take the balance of the land selected by him under conditional purchase lease.
21. A new section is inserted in the principal Act y=rtrd.
after section eighty-nine B as follows:-
89C. (1) Where land acquired by the State trssearlge
for the purposes of the War Service Land Settle- 1:ilugde
ment Agreement Act, 1945 is, in the opinion of g.ntilf:d
the Governor, no longer required for the pur- purpose
poses of that Act and the Commonwealth agrees to the disposal of the land under this section, the Governor may unless the land remains in a certificate of title registered under the opera-
| No. 58.] | Lands. | [1950. |
tion of the Transfer of Land Act, 1893-1946, in the name of His Majesty, authorise the issue of a Crown Grant in the name of the Minister for Lands for an estate in fee simple of the land.
(2) The Minister may sell the land whether such land be the subject of a certificate of title or of a Crown grant referred to in the last pre- ceding subsection, by public auction, public tender or private treaty, subject to the approval of the Governor to be endorsed on the instru- ment of transfer of the land, and shall apply the proceeds of sale in or towards recouping the State and the Commonwealth the expenditure incurred in relation to the land.
(3) The provisions of this section shall not apply to Crown lands of the State set apart for the purposes of the said Act, but any such Crown lands as are, in the opinion of the Gov- ernor, no longer required for such purposes may be disposed of under the provisions of Part V of this Act.
S. 98
| amended. | 22. Section ninety-eight of the principal Act is amended by |
| (a) | deleting from subsection (3) all words after the words "otherwise directs" in line eight, and substituting therefor the words fol- lowing:— |
Provided also that
| (a) | in respect of any lease granted in the Kimberley Division after the commencement of the Land Act Amendment Act, 1950, the rent payable shall, on the first day of January, 1964, and again on the first day of January, 1979, be sub- ject to re-assessment as on and from each of those dates respec- tively by the Minister on the ad- vice of the Board, and such rent may be increased or reduced. |
| 1950.] | Lands. | [No. 58. |
| (b) | In respect of any lease granted in any other Division after the commencement of the Land Act Amendment Act, 1950, the rent payable shall, on the first day of January, 1957, and again on the first day of January, 1972, be sub- ject to re-assessment as on and from each of those dates respec- tively by the Minister on the ad- vice of the Board, and such rent may be increased or reduced; |
| (b) | deleting from subsection (4) the words, "Subject to the third proviso to subsection (3) of this section" in lines one and two; |
| (c) | adding a new subsection as follows: |
(6) Notwithstanding any provision to the contrary hereinbefore in this Act contained, the minimum rental which shall be payable on any pastoral lease granted after the commencement of the Land Act Amendment Act, 1950, shall be two pounds per annum.
New section
| 23. A section is inserted after section ninety- | 98D inserted. |
eight A of the principal Act as follows:-
Common
| 98B. (1) In this section, the expression "the common date" means | date for reassess- |
| ment of pastoral leases. |
| (a) | in relation to pastoral leases granted in the Kimberley Division of the State —the first day of January, 1964; |
| (b) | in relation to pastoral leases granted in North-West, South-West, Eastern or Eucla Division—the first day of Janu- ary, 1957. |
(2) In respect of any pastoral lease granted prior to the commencement of the Land Act Amendment Act, 1950, notwithstanding that any re-assessment has been or shall have been made before the common date, the lease shall
| No. 58.] | Lands. | [1950. |
be subject to re-assessment of rent as on and from the common date by the Minister on the advice of the Board, and the rent may be increased or reduced:
Provided that where, on a re-assessment as on and from the common date, the rent pay- able on a pastoral lease is increased, the lessee shall not be required to pay rental at the higher rate until the expiration of fifteen years from the date of the previous assessment of the lease.
(3) Every pastoral lease shall be subject to a further re-assessment at the expiration of fifteen years from the common date, and the lessee shall pay rental for the lease at the rate re-assessed from the date of the further re- assessment.
S. 101
Section one hundred and one of the principal Act is amended by deleting from subsection (1) the whole of paragraph (a).
24.
amended.
| S. 109B | 25. |
Section one hundred and nine B of the prin- cipal Act is amended by
amended.
| (a) | deleting from subsection (5) the word "and" where it occurs after the figure and brackets "(6)" in line six; |
| (b) | inserting in subsection (5) the word and figure in brackets "and (8)" after the figure in brackets "(7)" in line six. |
S. 130
| amended. | 26. Section one hundred and thirty of the prin- cipal Act is amended by |
| (a) | substituting the word "the" for the word "to" after the word "apply" in line six of paragraph (a) of subsection (1); |
| (b) | substituting the word "condition" for the word "conditions" in line three of the pro- viso to paragraph (b) of subsection (1). |
| 1950.] | Lands. | [No. 58. |
27. Section one hundred and thirty-five of the amended.
principal Act is amended by adding to subsection
(1) a further proviso as follows:
Provided further that applications for the same land lodged or received through the post on or before the date notified in the Gazette for the receipt of applications shall be deemed to have been received at the same time.
28. Section one hundred and forty of the prin-Ided.
cipal Act is amended by substituting the word "to"
for the word "of" in line two.
| 29. | Section one hundred and sixty of the prin- L12 | aus:uded. |
cipal Act is amended by deleting from subsection (1) the words "and notwithstanding that the Crown grant may, after the decease of the selector, have been issued and registered in the name of the deceased" in the last four lines.
30. A section is inserted after section one hun- =section
dred and sixty-one of the principal Act as follows:— inserted.
161A. In respect of any land disposed of Fifkrintsgurt
under the provisions of this Act or of any Act idneCiers:dof
repealed by this Act, subject in either case to l'ider*
the right of the holder to acquire the fee simple
of the land, the Crown grant may, subject to
proof, to the satisfaction of the Minister, of the
performance of conditions other than residence,
issue in the name of the holder notwithstand-
ing his prior decease.
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