Land Act Amendment Act of 1916 (7 Geo v No. 19) (Qld)

7604 LAND, CROWN. Land Act Amendment Act. 7 GEO. V. No. 19, LAND, CROWN. Land Act Amendment Act 0/1916 . . Discharged Soldiers' Settlement Act 0/1917 7 Geo. V. No. 19 . . 7 Geo. V. No. 32 7NG T oe H . o E 1.9V. . An Act to Amecnedrta" inThpeartLicaunldarAs. ct of 1910" In LAlIIDAOT AXEIilDMEIilT [ASSENTED TO 19TH DECEMBER, 1916.J B ACT OF 1916. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as " The Land Act Amend- ment Act of 1916," and shall be read as one with" The Land Act of 1910,"* herein referred to as the Principal Act. Amendments of Part 1. Amendment 2. In section four of the Principal Act, after the of 8.4. definition of "Crown Land," the following definition is inserted :- Cultivation. "Cultivation"-The actual breaking of the soil followed by planting or sowing of seed and tillage for a crop other than native grasses; or the falling and burning of scrub and the sowing of artificial grass immediately there- after, although the soil may· not have been broken up; The following words are added to the definition of "Lessee" in the said section :-" The term includes the holder for the time being of a perpetual lease under any of the provisions of this Act relating to perpetualleases. ' ~ Amendment8 of Part 11. Amendment 3. The following provisions are added to subsection of 8.32. one of section thirty-two of the Principal Act:- "Every appeal from the decision of a Commissioner to the Land Court shall be in the nature of a rehearing. "The Court on such appeal may hear and determine any question which arises in the course of such appeal, whether such question was or was not brought before or considered or decided by the Commissioner, or was or was not contained in any prescribed notice; but in such case any party to the proceedings shall be entitled to an adjournment upon such terms and conditions as the Court thinks just." 0; 1 Geo. V. No. 15, supra, page 13407;

LAND, CROWN. 7605 1916. Land Act Amendment A.ct. 4. The following provision is added to subsection Amendment eight of section thirty-five of the Principal Act:- of B. 35. "The Land Appeal Court on such appeal may hear and determine any question which arises in the course of such appeal, whether such question was or was not brought before or considered or decided by the Commis- sioner or the Land Court, or was or was not contained in any prescribed notice; but in such case any party to the . proceedings shall be entitled to an adjournment upon such terms and conditions as the Land Appeal Court thinks just." Amendments of Part Ill. 5. The second paragraph of subsection two of Amendment section forty of the Principal Act is repealed, and the of B. 40. .. following provision is inserted in lieu thereof :- The notification may also declare- (a) The value or state a provisional valuation of any improvements on the land; (b) The maximum area of land which may. be applied for or held by anyone person in the whole area to which the notification has reference; (c) That until the expiration of six months after the land has been opened for lease no person who holds in his own right any estate or interest in a pastoral holding shall be com- petent to apply for an area specified in the notification if such area, together with. the estate or interest aforesaid as ascertained in square miles, exceeds a maximum mileage to be specified in the notification. A holding acquired where such a maximum mileage has effect is herein referred to as a preferential . pastoral holding; (d) That an applicant for a preferential pastoral holding who in his application offers that the holding shall be subject to the condition of personal residence during the first seven years of the term (that is to say, that he will during the whole of such period continuously and bona fide personally reside on the holding), and undertakes to perform that condition, shall have priority:

7ii06 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, Provided that in such case an applicant who makes such offer. shall be bound to per- form the condition of personal residence in terms of such offer, notwithstanding that he is the only applicant for the land. 6. After section forty of the Principal Act, the following sections are inserted :- Withdrawal [40A.] Any land with respect to which such maximum ~ ! . eferential mileage as last aforesaid has effect, which has not been past?ral applied for within six months after it has been opened ~ ; ~ t~ ff: r~ t for lease, shall for a further period of thirty-four days be deemed to be withdrawn from lease, and from and after the expiration of such further period such land shall be available for lease as if the notification had not declared a maximum mileage. Disqualifiea. tion for preferential pastoral holdings. [4OB.] (1.) Subject to this Act, no person who is- (a1 Under the age of sixteen years; or (b) In respect of the land applied for or held, or any part thereof or interest therein, a trustee, agent, or servant of or for any ot4er person; or (c) A selector or lessee of a grazing selection; or (d) The owner, whether jointly or in severalty, of freehold land of an area of five thousand acres or upwards; shall be competent to apply for or hold any preferential pastoral holding. (2.) Proof that the stock of any person other than the lessee are ordinarily depastured on such holding shall be prima facie evidence that the lessee is a trustee of the holding for the owner of the stock. (3.) Any person under the age of twenty-one years who holds any such holding shall, with respect to the holding, have the same powers and rights and shall be subject to the same duties, liabilities, and obligations in all respects as if he were of the full age of twenty-one years. Partnerships. [400.] Any two. or more persons, each of whom is qualified to apply for or hold a preferential pastoral holding not exceeding the area which may be applied for and held by anyone person, may apply for or hold such a holding in their joint names as tenants in common or as joint tenants. Such persons shall jointly perform all the conditions to which the holding is subject.

LAND, CROWN. 7601 1916. Land Act Amendment Act. For the purpose of disqualifying the joint holders· from applying for or holding another preferential pastoral holding, each joint holder shall be deemed to be the holder of the to.tal area of the pastoral holding. No transfer of a share in the holding shall be registered, except a transfel1 with the consent of the Minister, from one joint holder, or the representative of a deceased or insane joint holder, to the other joint holder or holders, or a transfer with the consent of the Minister and of all the other holders to another person qualified as aforesaid. In the event of the insolvency of one of the joint holders, the value of his interest in the holding shall be fixed by the Court. Within three months after such value has been so fixed, the other joint holder or holders shall be entitled to nominate some qualified person who desires to acquire the interest of the insolvent, and such person, upon being approved by the Minister and paying to the trustee of the insolvent the value of such interest as fixed by the Court, shall become a joint holder of the holding in the place of the insolvent. If within the time aforesaid no person is so nominated, such interest shall be offered for sale by public auction, and the person who at the auction bids the highest amount shall, upon payment of the amount so bid to the trustee of the insolvent, become a joint holder of the holding in place of the insolvent. The costs attendant upon such auction shall be paid by the said trustee out of the proceeds, provided that the other joint holder or holders of the holding shall have the right to bid at such public auction. - If no bid is made at the auction, the interest 'of the insolvent shall be fbrfeited. Upon payment within three months of the interest of the insolvent in the value of the improvements on the holding, the holding shall vest entirely in the other joint holder or holders. If such payment is not made within such time, the interest of the insolvent in the holding may be disposed of as the Minister thinks fit. Pending the disposal of the interest of the insolvent, the conditions upon which the holding is held may and shall be performed by the other joint holder or holders as if he or they were the sole lessee or lessees. [40D.] (1.) Every application for a preferential Good faith. pastoral holding shall be made in good faith.

'1606 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, (2.) An application shall not be accepted unless the Commissioner is satisfied that the application is made in good faith. The burden of proof that an applica- tion is made in good faith shall always rest upon the applicant. (3.) An application shall be deemed to be made in good faith when the sole object of the applicant is to obtain the land in order that he may hold and use it for his exclusive benefit. ~ (4.) The fact that two or more applications are made by different appFcants for the benefit of one person shall be conclusive evidence that none of such applications is made in good faith. (5.) In any case in which the Commissioner is satis- fied that an application is not made in good faith, he may declare that any money lodged with the application, or any part of such money, is forfeited. Applica.tion [40E.] Subject to express provisions of this Act porfeAfecret nttoia.I relating to preferential pastoral holdings, all the provisions pastora.l of this Act relating to pastoral holdings shall, so far as holdings. the same are applicable, apply to preferential pastoraJ holdings. Amendment 7. The second paragraph of subsection one of section of s. 41. forty-one of the Principal Act is repealed, and the following provision is inserted in lieu thereof :- " The application, if for a preferential pastoral hold- ing, shall be signed by the applicant personally, and if for any other pastoral lease by the applicant or his agent as aforesaid. It shall be for an area of land as specified in the notification, and shall be accompanied. by the amount of a full year's rent, which shall be returned to the applicant if the application is no! accepted." In the first paragraph of subsection three of the said section, after the word" subsection" the words" and to any right of priority by reason of any offer that a preferential pastoral holding shall be subject to the con- dition of personal residence pursuant to the notification in that behalf" are inserted. After the said paragraph, the following paragraph is inserted :- "Save as last aforesaid, if there are simultaneous applications for a preferential pastoral holding, priority as between the applicants shall be determined by lot." •

LAND, CROWN. 7609 1916. Land Act Amendment Act. After the words" simultaneous applications" in the second paragraph of the said subsection, the words "for any other pastoral lease" are inserted. 8. After paragraph (ii.) of section forty-three of the Amendment Principal Act, the following paragraph is inserted :_ of s. 43. "(iii.) In all cases where the Jessee has obtained priority by offering that the lease shall be subject to the condition of personal residence during the first seven years of the term, the lease shall be subject to that condition during that period, but the lessee shall not be bound to commence to fulfil such condition within the first six months after the date of the commencement of the term of the lease, and the provisions of sections ninety-three and 93.A of this Act shall apply to lessees of preferential pastoral holdings. The provisions of paragraphs (i.) and (ii.) of section eighty-seven of this Act shall apply to preferential pas- toral holdings which are subject and while they are subject to the condition of personal residence. 9. After section forty-three of the Principal Act, the following sections are inserted :- [43A.] In the cases of pastoral holdings which are Restriction I meaesnetsiown h eedreiOn . l c tahree Ssue b cosln · sdt · mSgchoendtu h lee ftiorstthd iasyA 0 c f t J aannduatrhye, Im ~ m > n epnrtosv. e- one thousand nine hundred and seventeen, and in the cases of pastoral- holdings the leases whereof are granted after the commencement of this Act for a term exceeding fifteen years, the lessee shall not, without first obtaining the written permission of the Minister, make any im- provement upon such holding in the first-mentioned class of holdings at any time within two years prior to the date fixed in such Schedule as the date on or after which a specified resumption may be made from such holding, and in the second class of holdings at any time within two years prior to the expiration of the first fifteen years of the term. If a lessee ma!{.es any such improvement without such permission, he shall be liable to a penalty not exceeding fifty pounds, and shall have no claim whatever in respect of such improvement.

7610' LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, Transfer of [43B.] Subject to this Act, no transfer of apre- pparesfteorreanltial ferential pastoral holding shall be made to any person holding. who would not be competent to apply for the land if it were opened for lease subject to the conditions on which the original lessee acquired it. Saving on [430.] The disqualifications and restrictions imposed ,& in0s.olvency, by this Act against any person holding a preferential pastoral holding, or against anyone person holding as a preferential pastoral holding more than the maximum area of land as specified in the notification, shall not apply to any person who becomes entitled to any such holding as the trustee of the insolvent estate of a previous lessee, or as the committee of an insane lessee, or as the trustee of a marriage settlement, or as the legatee, executor, or administrator or one of the next-of-kin of a deceased lessee. Subletting. [43D.] The lessee of any preferential pastoral holding may, with the approval of the Minister after the issue of his lease, sublet the. whole or any part of his holding subject to the following conditions :- (a) The sublessee shall be a person who would ,himself be qualified to apply for the land included in the sublease if it were opened for lease subject to the conditions on which the original lessee acquired the holding; (b) The sublease shall be in writing and in duplicate, and one copy thereof shall be registered in the Department of Public Lands. If such lessee sublets the whole or any part of his holding otherwise than in accordance with this Act, the lessee shall be deemed to have committed a breach of condition. Amendments of Part IV. Amendment 10. After paragraph (c) of section fifty of the Prin- of s. 50. . cipal Act, the following paragraph is inserted:- (cc) Perpetual Lease Prickly-pear Selections: The following provision is added to the said section :- "Provided that- (a) All land open on the first day of January, one thousand nine hundred and seventeen, for Agricultural Selection and not selected shall, on and after that date, be available only for Perpetual Lease Selection, and all land open on that date for Prickly-pear Selection and

LAND, CROWN. 7611 1916. Land Act ~ 4mendment Act. not selected shall, on and after that date, be available only for Perpetual Lease Prickly- pear Selection, and all land open on that date for selection as Unconditional Selection and not selected shall be deemed to be withdrawn from selection; (b) From and after the first day of January, one thousand nine hundred and seventeen, land opened for Agricultural Selection shall only be opened for Perpetual Lease Selection, and land opened for Prickly-pear Selection shall only be opened for Perpetual Lease Prickly- pear Selection, and land shall not be opened for selection as Unconditional Selections." 11. After section fifty-three of the Principal Act, the following section is inserted :- [53A.] No person who- Restriction on selection (a) Is a lessee of a holding exceeding forty by pastoral No. thousand acres under Part Ill. of this Act ~ : s~ ~ :: otherwise than as the legatee, executor, or 28, s. 59. administrator, or one of the next-of-kin of a deceased lessee; or (b) Is a trustee for any such lessee, not being trustee of the insolvent estate of such lessee, or the committee of such lessee who is insane, or trustee under a marriage settlement, or trustee under a will; or (c) Is interested as mortgagor in any holding exceeding forty thousand acres under Part Ill. of this Act; shall be competent to apply for or hold a Grazing Selection: Provided always the annual rental of the holding and the grazing selection does not in the aggregate exceed two hundred pounds. . This section shall not affect the right or title of any person who, on the first day of January, one thousand nine hundred and seventeen, is the duly qualified selector of a Grazing Selection, and shall not affect any right or privilege of any }essee of a pastoral holding or Grazing Selection which has arisen or may in the future arise under section seventy-two of this Act.

7612 IJAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, Amendm·mt 12. The following paragraph is added to subsection ofs.04. one of section fifty-four of the Principal Act : - (vii.) In the case of Perpetual Lease Selections and Perpetual Lease Prickly.:.pear Selections, state the capital value of the land, which value shall not include the value of any improvements thereon. The following paragraph is added to subsection two of the said section :- (v.) Restrict for the period of six months or less the right of applying for any particular portion or portions comprised in the notification to persons who do not hold any land under this Act in Queensland, or who do not hold any freehold land in Queensland otherwise than town or suburban land. 13. Mter section fifty-four of the Principal Act, the following section is inserted :- tpP8cat~ on [54A.] Notwithstanding anything herein contained S~ ec: ~ ~ g where a notification declares two or more portions open with highest for Grazing Selection, any person who with his application dreenemt teodbe d epos . lts an amount equa I to t h e . greatest amount 0 f made f?r all notified rent per annum for any of such portions may, if : ~ ~rs ID he so desires, .be deemed to be an applicant for all the notification. portions to which such notification has reference: Pro- vided that ~ othing in this section shall permit of any person holding or acquiring a greater area as Grazing Selections than is hereinbefore prescribed. Amendment 14. The following provision is added to subsection of s. 55. one of section fifty-five of the Principal Act : - "Provided that from and after the first day of January, one thousand nine hundred and seventeen, land opened fot' group selection shall only be opened for Perpetual Lease Selections, or Perpetual Lease Prickly- pear Selections, or Grazing Homesteads or Grazing Farms to be held in conjunction with Perpetual Lease Selections, except in cases where deposits have been accepted for intending selectors of Agricultural Farms or Prickly-pear Selections as members of a group, in which cases the land may be opened accordingly." Amendment 15. Mter paragraph (f) of section fifty-six of the of B. 56. Principal Act, the following paragraph is inserted : - (ff) Perpetual Lease Prickly-pea: Selections, two thousand five hundred and sixty acres;

LAND, CROWN. :7613 1916. Land Act Amendment Act. . a.nd in paragraph (k) of the said section, before the words "Grazing Homestead" the words "Perpetual Lease Prickly-pear Selection, two thousand five hundred a.nd sixty acres" are inserted, and after the words "in conjunction with Agricultural Farm" the words "or Perpetual Lease Selection" are inserted. 16. The following proviso is added to the seventh Amendment paragra.ph of section sixty pf the Principal Act :_ of s. 60. "Provided that the other joint holder of the selection shall have the right to bid at such auction." 17. The following provision is added to subsection Amendment one of section sixty-six of th~ Principal Act:- of s. 66. No person shall lodge more than one application for the same portion of land, and if he does every such application may be rejected by the Commissioner. Mter subsection three of the said section, the following subsection is inserted:- (3A.) ·Notwithstanding anything contained in this Act, an application by any person who is absent from the State on service with any of His Majesty's Forces during a time of War may be made in the prescribed manner and signed by the duly appointed agent of such applicant. In the second paragraph of subsection four of the said section, after the word "Selection" the words "or Perpetual Lease Prickly-pear Selection" are inserted. 18. In subsection one of section seventy-one of the Amendment Principal Act, after. the words "Perpetual Lease Selec- of s. 71. tion" the words "or Perpetual Lease Prickly-pear Selection" are inserted. After the first paragraph of the said subsection, the following paragraph is inserted:- "An applicant for a Perpetual Lease Selection or a Perpetual Lease Prickly-pear Selection who, in addition to the offer aforesaid, offers to effect the cultivation of at least one-twelfth part of the selection within the first three years of the term shall have priority over all other applicants who have not made such offer." In the second paragraph of the said subsection, after the word "offer" where it twice occurs, the words" or offers" are inserted; also, after the word "residence" the words" or cultivation, or both conditions, as the case maybe," are inserted.

7614 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, Amendment 19. In section seventy-two of the Principal Act, the of B. 72. word" seven" is omitted,and the word "fourteen" is inserted in lieu thereof. Amendment 20. The following words are added to subsection two of B. 75. of section seventy-five of the Principal Act : - "or in any case where the Court certifies to the Minister that the licensee is unable by reason of any serious illness accident infirmity or other sufficient cause to comply with the condition of personal residence or the condition of occupation, as the case may be." Amendment 21. The following proviso. is added to the first of B. 78. paragraph of section seventy-eight of the Principal Act:- "Provided that the selector of an Agricultural Selection which is subject to the condition of personal residence during the whole or a prescribed portion of the.term shall be bound to commence to make the requisite improvements on the selection not later than twelve months from the date of the commencement of bhe term." Amendment 22. In the second paragraph of section eighty-six of B. 86. of the Principal Act, after the word "insanity" the words " or incapacity by reason of serious illness accident i:r;tfirmity or misfortune" are inserted. The following provisoes are added to the said sec- tion :- " Provided that in any case where the selector did not obtain a license to occupy the selection within twelve months from the date of his application to select, and proves to the Commissioner that he has occupied the selection continuously and bona fide by his personal residence on the selection for a period of five years before the expiration of the first five years of the term, and the Commissioner certifies accordingly, then, for the purposes of this section and the first paragraph of section one hundred and sections one hundred and six and one hundred and eight of this Act, the term of the lease shall be deemed to have commenced on a date five years previous to the date of the lessee making such proof as aforesaid : "Butnothing herein shall be deemed to exempt the selector before the issue of a deed of grant in terms of any of the last-mentioned sections from the payment of any sum which at the time of his application for such deed of grant is necessary to complete the amount of the prescribed survey fee; and if at such time the selector of

LAND, CROWN. ,7615 1916. Land Act Amendment Act. .an Agricultural Farm has not paid in rent an. amount equal to six annual instalments thereof, then the Minister shall require him to make such payment (in addition to the payment prescribed in Schedule IV. of this Act) as ,will with the rents already paid amount to six annual instalments : " Provided further that, after the first five years of the term of the lease of a Grazing Homestead, the lessee shall not be debarred from mortgaging, transferring, or subletting his lease in accordance with this Act." 23. Mter seotion eighty-six of the Prinoipal Aot, the following seotion is inserted:- [86A.] In the case of an Agrioultural Selection or a When Prickly-pear Selection or a Perpetual Lease Prickly-pear pex:s;nal Selection which is subject to the condition of personal : sbee~ ~ : U1l . residenoe during the whole or a prescribed period of i c n ~ c ~ ertain the term, the selector need not commence to perform . the condition of personal residence before the expiration of two years from the commencement of the term: Provided that where the selection is subject to such condition during the first five years of the term no such selector shall be released from the performance of such condition until the expiration 'of five years from the date on which he commences to personally reside on the selection, and until the expiration of that time it shall in all respects be subjeot to the provisions of sections eighty- six and eighty-seven of this Aot. 24. The following subseotion is added to section Amendment eighty-seven of the Principal Act :_ of s. 87. (iv.) If the seleotor beoomes inoapacitated, by reason of serious illness accident infirmity or misfortune, from oomplying with the prescribed condition of personal residenoe, he may apply to the Minister for permission to transfer his interest in the selection to a qualified person, a.nd the Minister may, if be thinks fit, refer the matter to the Court; the Court shall inquire into such application, and may certify to the Minister that good grounds exist for the grant- ing of such application, whereupon the Minister may ,approve thelessee's application: Provided that in the case of such transfer being approved the transferee shall be bound to perform the prescribed condition of personal residence

7616 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No; 19, . 25. After section ninety-three of the Principal Aot, the following seotion is inserted:- Powe~ ? f [93A.] (1.) The Minister may suspend the, oondition ~ he Mint1f3ter of personal residenoe or oondition of oooupation in respeot In war IDle. of any seleotion during the absence of the selector while engaged in aotive servioe with His Majesty's Forces during a time of War, and for a further period of six months after his return from active servioe. During the period of any such suspension the presoribed condition shall be deemed to have been performed in the manner prescribed by law. (2.) During suoh absenoe the seleotor shall be relieved from the payment of any rent or instalment of survey fee which may aoorue for the period of his absence. (3.) Notwithstanding anything in this Act, when a. seleotor has served with His Majesty's Forces during a. time of War, the term of his lease shall be deemed to be and shall be extended for a period equal in duration to the time during which suoh selector has served with suoh Foroes. (4.) When the lease of an Agricultural Farm has been extended under the last preceding subsection, and the selector obtains a certificate under section one hundred of this Act, the payment to be made by him under Schedule IV. of this Act shall be adjusted by the Minister in con- formity with the extended term of the lease. Amendment 26. In subsection one of seotion ninety-four of the of s. 94. Principal Aot, after the word "selection" where it first ooours, the words " except the lessee of a Grazing Home- stead after the expiration of the first five years of the term" are inserted. . In subseotion three of the said seotion, after the word " If" the words " a lessee sublets the whole or any part of his selection otherwise than in aooordance with this Act, or the oondition of personal residence or" are inserted. Agistment. 27. Mter seotion ninety-four of the Prinoipal Aot, the following seotion is inserted : - [94A;] It shall be a condition of the lease of every grazing selection that, except with the permission of the Minister, the selector shall not allow stock to be taken on agistment on his selection for a longer period in the aggregate than six months in anyone year.

LAND, CROWN. 7617 1916. Land Act Amendment Act. 28. The following proviso is added to subsection Amen<iment four of section ninety-nine of the Principal Act :- of s. 99. "Provided further that, if the selector has elected to take advantage of the provisions of section 86A of this Act, the lease shall be subject to the condition of personal residence as required by that section, and there- after to the condition of occupation for the remainder of the term." 29. The following proviso is added to section one Amendment hundred of the Principal Act : - of s. 100. "Provided also that, where the Minister has in terms of section one hundred and thirty-three of this Act imposed upon the selector any further period during which the condition of per~ onal residence shall be per- formed,. the Commissioner shall not issue any certificate as aforesaid unless or until the lessee has complied with such imposed condition." 30. In subsection two of section one hundred and Amendment four of the Principal Act, after the words "as an Agri- of s. 104. cultural Farm" the words "where the land was opened for selection before the first day of January, one thousand nine hundred and seventeen, or a sum equal to one pound ten shillings per centum of the notified capital value of the land where the land is opened for selection after that date: Provided that the rent for the second year shall be a peppercorn (if demanded)," are inserted. In subsections two and three of the said section the words" ten years," wherever they occur, are repealed, and the words" fifteen years" are respectively inserted in lieu thereof. The following subsection is added to the said section :- (6.) Where the selector has obtained priority under section seventy-one of this Act by offering to effect cultivation, the lease shall be subject to the condition of cultivation in terms of such offer. 31. In subsection four of section one hundred and Amendment nine of the Principal Act, after the word "lease" where of s. 109. it first occurs, the words "of a Grazing Farm" are inserted; and in the proviso, after the word "Homestead," the words "applied for or held prior to the first day of January, one thousand nine hundred and seventeen," are inserted. p

7618 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, After the said subsection, the following subsection is inserted :- (4A.) The lease of a Grazing Homestead shall be subject to the condition of personal residence during the whole term: Provided that the Court may grant to the original selector (or in the case of his death or insanity the person representing the selector under the provisions of section eighty-seven of this Act) exemption from the performance of the condition of personal residence for a period of one year after the said condition has been performed during the first five years of the term, and thereafter from time to time for a period of one year for each further period of five years during which the said condition has been so performed. The power hereby conferred upon the Court shall be in addition to the powers conferred under section ninety-three of this Act: Provided further that this subsection shall not apply to the lease of any grazing homestead applied for or held prior to the first day of January, one thousand nine hundred and seventeen. Amendment 32. In paragraph (i.) of section one hundred and ten of B. 110. of the Principal Act, as amended by section. three of "The LandAct Amendment Act of 1913,"* the words "twenty-five" are repealed, and the word "forty" is inserted in lieu thereof. The amendment of the said section hereby made shall be deemed to halve been inserted therein at the passing of the Principal Act; the term of every lease of a Prickly-pear Selection acquired before the passing of this Act shall be forty years instead of twenty-five years, and the second period of the lease shall be extended for fifteen years, and every instrument of lease already issued shall be deemed to be amended accordingly; in cases where payments in respect of the purchasing price have already been made, the necessary adjustments l;lhall be made and credits allowed; and to the extent herein mentioned this section shall have retrospective operation. Perpetual Leases. 33. After· section one hundred and ten of the Principal Act, the following section is inserted : - [1l0A.] (1.) The term of the lease of a Perpetual .Lease Prickly-pear Selection shall be in perpetuity. * 4 Geo. V. No. 19, 8upra, page 5905.

LAND, CROWN. 1916. Land Act Amendment Act. (2.) In so far as practicable the provisions of para- graphs (ii.) and (iii.) of the last preceding section shall .apply to Perpetual Lease Prickly-pear Selections. (3.) Where the selector has obtained priority under section seventy-one of this Act by offering to effect ..cultivation, the lease shall be subject to the condition «)f cultivation in terms of such offer. (4.) The rent during the first period shall be a pepper- ..com (if demanded). After the first period, the annual rent payable by the lessee during the next fifteen years of "the lease shall be a sum equal to one pound ten shillings :per centum of the notified purchasing price or capital -value of the land according to the notification in respect ·of such land: Provided that, where the purchasing price is an amount less than five shillings per acre, the .annual rent payable for such period shall be a peppercorn (if demanded). (5.) The annual rent for each period of fifteen years thereafter shall be determined by the Court upon the application by the lessee or the Minister made at least six months prior to the expiration of the then current period. If no such application is made within the prescribed time, the rent then payable shall continue to be the rent lor the next period of fifteen years. (6.) The lease shall not include a covenant entitling the selector to a deed of grant in fee-simple. 7619 Amendments of Part V. 34. From and after the first day of January, one No land to thousand nine hundred and seventeen no land shall be b., auct~ oned ' . ' tU fe,,'slmple offered for sale by public auction under Part V. of the after 1st Principal Act, except as Perpetual Town Leases, Per- i~f~ ary, petual Suburban Leases, or Perpetual Country Leases . as therein provided. 35. The following amendments are made in section Amendment one hundred and twenty-one of the Principal Act :_ of s. 12l. All words from the beginning of the section to and including the words" as in other cases" in paragraph (i.) are repealed, and the following provisions are inserted in lieu thereof :-- . The Minister, with the approval of the Governor in Council, may, by notification, cause any Crown land to

7620 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 19, be offered for sale by public auction as Perpetual Town Leases, Perpetual Suburban Leases, or Perpetual Country Leases under the following conditions:- (i.) Bidding shall be by capital sum; The provisions of section fifty-nine of this Act shall apply to leases under this section:- The land shall be offered as nearly as may be in areas according to the following scale:- Town land in areas not exceeding half an acre. Suburban land in areas not exceeding five acres. Country land in areas not exceeding six hundred and forty acres. The survey fee shall be paid by the purchaser at the time of sale. The notification of sale shall state, inter alia, the amount of deposit to be paid at the time of sale, being not less than one year's rent, and the period within which the notified value of the improvements, if any, shall be paid. No person shall acquire or hold in anyone town or adjacent thereto as a Perpetual Town Lease or as Perpetual Town Leases more than six allotments, or as a. Perpetual Suburban Lease or Perpetual Suburban Leases more than six suburban allotments or portions; except where these respective holdings may be exceeded by the acquisition of a lease or leases under the will or intestacy of a deceased lessee, and in such case the lease or leases so acquired, if not sold or otherwise disposed of and transferred within one year, shall be liable to forfeiture. The following words are added to paragraph (ii.) : - " and the deposit of rent paid at the time of sale shall be deemed to be rent for the specified period from the date of the commencement of the lease, and on that quarter day in each year the annual rent shall be paid." In paragraphs (iii.) and (iv.) the words "ten years," wherever they occur, are repealed, and the words" fifteen years" are respectively inserted in lieu thereof. After paragraph (iv.), the following paragraph is inserted:- (v.) In no case shall the annual rent be less than five shillings per annum; and paragraph (v.) shall be renumbered (vi.) accordingly

1916. LAND, CROWN. Land Act Amendment Act. 762t In the last paragraph the words "Perpetual Town Allotment Leases and Perpetual Suburban Allotment Leases" are repealed, and the words "Perpetual Town Leases, Perpetual Suburban Leases, and Perpetual Country Leases" are inserted in lieu thereof. Amendments of Part VI. 36. After section one hundred and twenty-four of the Principal Act, the following section is inserted :- [124A.] In any case where improve~ ents have been Improve- .effected by the Crown out of moneys appropriated by ~ : tn: , ;::liO Parliament under any scheme of public estate improve- Estate ment on or in connection with or for the benefit of lands ~ x: ~ ~ o; ~ d which are opened for selection under Part IV. of . this Act or for auction as Perpetual Town, Suburban, er Country Leases under Part V. of this Act, all .expenses so incurred in connection with such improve- ments shall be apportioned amongst the respective lands so opened for selection or auction, and the sum so apportioned to such lands respectively shall be repaid to the Crown by the respective selectors or purchasers, as the case may be, of such lands, together with interest thereon at the rate of five pounds per centum per annum within such period as shall be prescribed in the notifica- tion opening the lands for selection or offering them at auction. All such moneys shall be paid as and when rent becomes due and payable, and shall be deemed to be part of such rent; and payment thereof shall be .enforceable and recoverable accordingly. 37. In subsection two of section one hundred andAmendment twenty-five of the Principal Act, after the words "Per- of s. 125. petual Lease Selection" the words "or a Perpetual Lease Prickly-pear Selection" are inserted. 38 In subsection two of section one hundred and Amendmen' thirty of the PrinCIpal Act, after the word "assignment" of s. 130. the words "or sublease" are inserted. The following subsection is added to the said section :- (3.) Upon the forfeiture of a holding by reason of- (a) The lessee thereof having been found to have applied for or held the same, or any part thereof or interest therein, as a trustee, agent, or servant of or for any other person; or

,7622 LAND, CROWN. LandAct Amendment Act. 7 GEO. V. No. 197' . (b) The land having been acquired by evasion or fraud; the improvements thereon shall, notwithstanding any- thing contained in this Act, be forfeited to the Crown, and the lessee shall have no title to compensation in respect of them; and the lessee and any person acting in collusion with him shall be liable to pay to the Crown an amount by way of penalty equal to three times th~ amount of rent of the holding for the period during which. it has been held contrary to or in violation of this Act: Provided that on proof to the satisfaction of the- Minister that any mortgage of a holding has been made- for valuable consideration and without any notice to or knowledge by the mortgagee of any matter out of which the liability to forfeiture arose the Minister may pay to· the mortgagee, out of any moneys received by him in respect of the improvements on the forfeited holding, any amount not exceeding the amount due by the late lessee to the mortgagee at the date of forfeiture. Amendment of B. 133. 39. In the first paragraph of section one hundred and thirty-three of the Principal Act, after the word "selection" where it first occurs the words "or a lease under Part V. of this Act H are inserted; also, the word "selection" where it secondly occurs is repealed, and the word "holding" is inserted in lieu thereof. The following provisoes are added to the said section :- "Provided that if such liability to forfeiture is established the Minister, before waiving the forfeiture~ may, if the holding is subject to the condition of personal residence during a prescribed period of the lease, impose on the lessee such further period during which the con- dition of personal residence shall be compulsory as he thinks fit; and during such further period the holding shall be subject in all respects to sections eighty-six and eighty-seven of this Act: "Provided also that in the case .of an Agricultural Homestead or a Free Homestead, if such liability to foifeiture is established, ,the Minister may, notwith- standing anything contained in section ninety-eight of this Act, direct that a certificate under section one hundred and six or section one hundred and eight of this Act, as the case may be; shall not be issued until·such time as the Minister thinks fit."

LAND, CROWN. 7623 1916. Land Act Amendment Act. 40. In subsection one of section one hundred and fifty- Amendment five of the Principal Act, after the words "with respect of s. 155•. to improvements," the words" except improvements made upon a pastoral holding to which the provisions of section 43A of this Act are applicable without the per- mission of the Minister" are inserted; also the words " one-eighth" are repealed, and the words" one-ninth" are inserted in lieu thereof. 41. In section one hundred and fifty-six of the Amendment Principal Act, after the words "pastoral holding" the of s. 156. words "(other than a Preferential Pastoral Holding), or of a Perpetual Town Lease, or a Perpetual Suburban Lease, or a Perpetual Country· Lease" are inserted; and after the word "selection" the words "or of a Preferential Pastoral Holding" are inserted. 42. In section one hundred and sixty-five of the Amendment Principal Act, after the word "lessee" the words "or of s. 165. purchaser under Part V. of this Act" are inserted. Amendments of Part VII. 43. The following words are added to section one Amendment hundred and seventy-five of the Principal Act :-" or may of s. 175. issue a Perpetual Town Lease, or a Perpetual Suburban Lease, or a Perpetual Country Lease of such Crown land to the holder or holders of the adjoining land without competition." 44. In section one hundred and seventy-six of the Amendment Principal Act, after the words "an area not exceeding of s. 176. ten acres" the words "or may issue to such grantee, licensee, or lessee without competition a Perpetual Town. Lease or a Perpetual Suburban Lease or a Perpetual Country Lease not exceeding in area the maximum area which may be held under such leases respectively"are inserted. 45 Mter section one hundred and seventy-six of the Principal Act, the followiIlg section is inserted : - [l76A.] The provisions of section one hundred and Application twenty-one of this Act as to annual rent and special of s. 121. conditions shall apply to Perpetual Leases issued under section one hundred and seventy-five and section one hundred and seventy-six of this Act, except in so far as they relate to rent for the first period of fifteen years of the term, for which period the annual rent shall

7624 LAND, CROWN. Land Act Amendment Act. 7 GEO. V. No. 19, 1916. be determined by the Court at a sum equal to three pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood. Amendment; of B. 179. 46. In subsection two of section one hundred and seventy-nine of the Principal Act, the word" country" is repealed. The following subsection is added to the said section :- (5.) The Minister, with the approval of the Governor in Council, may, by notification, cause any Crown land or land now· reserved or hereafter to be reserved for public purposes to be offered for sale by public auction as a Special Lease under this section, and may at any time withdraw any such land from sale; and in such case so much of the provisions of section· one hundred and twenty-one of this Act as are applicable shall apply o A f m B e . n 1 d 8 m 1. ent eight 4 y 7 -o . n I e n osfutbhseecPtiroinnctiwpaol Aofct, setchteionwoonred"hutrnudsrteeeds"anids repealed, and the word "trustee" is inserted in lieu thereof. o A f m s. en 1 d 8 m 5. ent one o 4 f 8 se . ctTiohne ofnoellohwunindgredwoarnddseiagrhetya-fdidveedofttohesuPbrisneccitpioanl Act :-" but the trustees of land so granted may, with the approval of the Governor in Council, surrender and transfer such land to the Crown." . The amendment hereby made shall be deemed to have been inserted in the Principal Act at the date of the passing thereof, and to that extent this Act shall have retrospective operation. The following provision is added to subsection two of the said section :- "Notwithstanding anything contained in any other Act, the provisions of this subsection apply to every Local Authority which has been appointed trustee of a reserve under section one hundred and eighty-one of this Act." Amendment 49. In section one hundred and eighty-seven of the ofs.187. Principal Act, the word "State" is. repealed, and the words" electoral district within which the land or reserve is situated" are inserted in lieu thereof.