Land Acts Amendment Act of 1929 (20 Geo v No. 15) (Qld)
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12642 LABOUR-LAND, CROWN. Land Acts Amelldment Act. 20 GEO. V. No. 15, "before or on or after the first day of January, one thousand nine hundred and sixteen," are repealed. In the said paragraph, the italics to the paragraphs namely (a), (b), (c), and (d) are reptaled and the italics (e), (f), (y), and (h) are inserted in lieu thereof. In the paragraph (a), now (e), after the words " three hundred days" the words and brackets" (provided that a period of not more than fifteen years has elapsed since ceasing such employment)" are inserted. Also, in the paragraph (b), now (f), after the words " five hundred days" the words and brackets" (provided that a period of not more than fifteen years has elapsed since ceasing such employment)" are inserted. Amendment 7. In section eighteen of the Principal Act, after the of s. 18. word "within" the words "or without" are inserted. LAND, CROWN. 2,0NGo.eo1. 5V. . An Act to Amend" The Land Acts, 1910 to 1927," THE to make provision for the Stabilisation of LAND ACTS AMENDMENT Leases of Cattle Holdings; Freeholding ACT OF 1929. Tenures; Assistance and Encouragement of Ringbarking; to further Amend such Acts and other Acts in certain particulars; and for other purposes. [ASSENTED TO 5TH DECEMBER, 1929.] B ]£ it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, ,g,nd by the authority of the same, as follows:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. (1.) This Act may be cited as "The Land Acts ~ ~ ~ struction Amendment Act of 1929," and shall, so far as any of Act. amendments of or references to * "The Land Acts, 1910 to 1927" are concerned, be read as one with *"The Land Acts, 1910 to 1927," hereinafter referred to as the * I Geo. V. No. 15 and amending Acts, 8upra, page 8775 and sessional volumes; also 18 Geo. ". No. 17, 8upra, page ll949.
]929. LAND, CROWN. Land ~ ~ cts Amendm.M~ t Act. 12643 PARr 1.- PREl.IMINARY. Principal Act. The Principal Act and this Act may collectively be cited as "The Land Acts, 1910 to 1929." (2.) This Act shall come into operation on a date to Commence· be fixed by the Governor in Council by Proclamation ment of Act. published in the Gazette, which date is herein referred to as the commencement of this Act. 2. This Act is divided into Pa.rts, as follows : - Parts of Act. PART 1.-PRELIMT2'ARY ; PART II.-STABILISATION OF LEASES 0]' CATTLE HOLDINGS; PART IIl.-RIGHT OF SELECTORS m!' P1! ~RPETUAL LEASE SELECTIO~ S AND PERPETUAL LEASE PRICKLY-PEAR SELECTIONS TO OBTAIN FREE- HOLDING TITLE; PART IV.-RIGHT OF HOLDERS OF TO\VN, SUBURBAN, OR COUNTRY PERPETUAL LEASES TO OBTAIN FREEHOLDING TITLE; PART V.-ENCOURAGEMENT OF RINGBARKING AND CLEARING OF USELESS VEGETATION; PART VI.-PROVISIONS 'RELATING TO THE UPPER BURNETT AND CALLIDE LAND SETTLEMENT AREA; PART VII.-MISCELLANEOUS AMENDMENTS OF " THE LAND ACTS, 1910 TO 1927 " ; PART VIlI.-AMENDMENTS OF OTHER ACTS; PART' IX.-GENERAL PROVISIONS. 3. In this Act, unless the context otherwise Definitions, indicates, the following terms have the meanings set against them respectively, that is to say:- "Board"-The Land Administration Board con- I3oard, stituted under *" The Land Acts Amendment Act of 1927" ; "Cattle holding"-A Pastoral Holding held under Cattle Division 1. of Part Ill. of the Principal Act liOlding, or a Grazing Selection held under Part IV. of the Principal Act, and in existence at the commencement of this Act, and in respect of which Pastoral Holding or Grazing Selec- tion the rent was reassessed pursuant to * 18 Goo. V. No. 17, supra, pago 11949.
12644 PART 1.- PRELll\ 1] ~ ~ ARY. LA~ D, CROWN. Laud Acts clmcndmcnt Act. 20 Gm. V. No. 15, the provisions of *" The Land Acts (Review 0/ Cattle Holding Rents) Amendment Act of 1923" or pursuant to the provisions of section • thirty-four of t"The Land Acts Amendment Act of 1927" or of subsection four of section nineteen of t" The Prickly-pear Land Acts, 1923 to 1926," and which Pastoral Holding or Grazing Selection is at the commencement of this Act being still mainly used for the depasturing of cattle: Provided that the term shall not extend to and shall not include- (a) An occupation license; or (b) A holding, the term of which has already by virtue of the provisions of t"The Prickly- pear Land Acts, 1923 to 1926," as amended by t" The Land Acts Amendment Act of 1927," been extended for a period of not less than twenty years from the date of the expiration of the original lease; or (c) A holding situated in any Land Agent's District or part thereof which the Governor in Council may, by Order in Council published in the Ga.z.ette within three months after the commencement of this Act, declare to be a district comprising lands which are likely to be required for the purposes of closer settlement. PART 1I.- S~ ABILISATION OF LEASES OF PART II.-STABILISATION OF LEASES OF CATTLE CATTLE HOLDINGS. HOLDINGS. Application 4. (1.) The selector or lessee of any cattle holding tboybleesmseaed. e mthaeyhaapnpdlyo, fbhyisnoatgiceenti, n iwn rtihtiengpurensdcerirbheids fhoarmnd oorr tuontdheer like effect, to the Minister for an extension of the lease of his holding. Time within (2.) Such application shall be made withjn six awphpilcihcation months after the commencement of this Act, or within may be made. such further time as the Minister may in his discretion allow. * 14 Geo. V. No. 33, supra, page 10598. t 18 Geo. V. No. 17, 8upra, page 11949. :j: 14 Geo. V. No. 34 and 17 Geo. V. No. 6, supra, pages 10605 and !l59!!.
LAND, CROW~ . 12645 - -----------"------------------- PART II.- 192,9. ------ Land Acts Amendmead Act. STABILISATION OF LEASES OF ---------- CATTLE (3.) Thereupon the Minister shall refer such applica_ M~ ~ : : NGS tion to the Board for inquiry and report as hereinafter toU: ~ . fe/ . P rovided. atoppBhocaarhdo. n 5. (1.) The Board shall take into consideration the Board to cattle holdings so referred to it, and shall proceed to clas~ ify make a classification of such cattle holdings. Such ~ ~ i~ i: gs. cattle holdings shall be divided by the Board into two ('lasses :- Class I.-Cattle holdings which in the opinion of the Board will not be required for the purposes of closer settlement on the expiry of the existing leases thereof ; Class n.-Cattle holdings which in the opinion of the Board will be required for the pur- poses of closer settlement on the expiry of the existing leases thereof. (2.) The Board shall, after inquiry, report its Board to classification to the Minister, who shall take such report : p~ r~ to into consideration and may approve of such classification mlS 1'. or may refer such classification back to the Board for further inquiry. (3.) On approval by the Minister of such classification Appr? v~ l by the Board, the term of the lease of a cattle holding by Mmlster. contained in Class 1. of the report of the Board shall, notwithstanding anything contained in the Principal Act but subject to the conditions mentioned in subsection four hereof, be extended for a period of ten years: Provided that if the term of the lease as extended is less than twenty years from the first day of January, one thousand nine hundred and thirty, a further extension shall be granted for such time as will, with the unexpired term of the existing lease, make a term of twenty years from such first day of January, one thousand nine hundred and thirty. An endorsement of any extension granted under the provisions of this section, together with the con- ditions, shall be made on the instrument of lease concerned. (4.) Save as is next hereinafter provided, any holding Impl' ? ~elllcnt with ~ carrying capacity exceeding two thousand cattle, : ~ ~ ~ ~ ~ ~ ~ : to of whICh the term of the lease has been extended under certain the provisions of this section, shall be subj ect to holdings.
12646 LAND, CROWN. PART n.- STABILISAnON OF LEASES OF Land Acts .Am,endment Act. 20 GEO. V. No. 15, CATTLE HOLDINGS. conditions (a) or (b) hereinafter mentioned, whichever of these conditions applies according to the carrying capacity of the holding concerned- (a) If the carrying capacity of the holding is more than two thousand cattle but less than fom' thousand cattle, a sum of one thousand pounds shall be expended to the satisfaction of the Minister, within five years from the commencement of this Act, on the provision of water or other improvements calculated to increase the carrying capacity of the holding; (b) If the carrying capacity of the holding is not less than four thousand cattle, the sum of two thousand pounds shall be expended to the satisfaction of the Minister, within five years from the commencement of this Act, on the provision of water or other improve- ments calculated to increase the carrying capacity of the holding: Provided that if the Board certifies that the holding concerned is already adequately improved or that, having regard to the productive capacity of the land, the making of further improvements is not economically justified, the conditions aforesaid shall not apply. The Board shall determine any question of carrying capacity which needs determination under this section. No extension (5.) In respect of the cattle holdings contained in ~ ~ : : : e Class n. of the report of the Board as aforesaid, no holding extension of the leases shall be granted. required for closer Bettlement. Special 6. (1.) Any selector of a Grazing Selection or lessee ccaosveesrendotby of a Pastoral Holding which is in existence at the com- B.4. mencement of this Act and which is used mainly for the depasturing of cattle, but which holding does not come within the definition of " cattle holding" in section three of this Act, may submit to the Minister an application for an extension of the lease of his holding on the ground that the unexpired part of the term of his lease is not of sufficient length to permit him to recoup any financial losses incurred in the working of the holding by reason of the recent drought or the unduly low prices realised for his cattle.
LAND, CROWN. 12647 n.- - - - - - - - - - - - - - - - - - - - - - - - - - - PART 1929. ~ and Acts Amendment Act. - - - . - - - - - - . - - ~ - . - - - - - -. - .- - .- - -- STABILISATION OF LEASEd OF CAj' TL~ (2.) Such application shall be made within six months . HOLDI~ G~ . after the commencement of this Act, or within such further ;:-::hwlthlll time as the Minister may in his discretion allow, and application shall set forth by affidavit the grounds on which such ~ ~ ~ ~ a~ e application is based. (3.) Thereupon the Minister shall refer such appli- Minister cat I·On t 0 the B oard for I.nquI.ry and recommendat, ' IOn. taopprelifceartion to Board. (4.) The Board shall duly make such inquiry, and ~ oweJs of for the purposes of such inquiry the provisions of oar. subsection five of section four of *" The lAnd Acts Amendment Act of 1927" shall apply. For the purposes of this subsection the Board, if it considers it necessary or desirable for the purposes of such inquiry so to do, may, notwithstanding anything in t" The Income Tax Act of 192+" to the contrary, have access to the income tax returns of any selector or lessee making application under th;s section, and the Commissioner of Taxes shall make such returns available to the Board accordingly. Moreover, the Board shall preserve and aid in preserving secrecy with regard to any such matter that may come to its knowledge in its official capacity in accordance with the provisions herein contained, and shall not communicate any such matter to any other person except in the performance of its duties under this Act. (5.) The Board shall at the conclusion of the Board JO inquiry forward to the Minister a recommendation in ~ ~ ~ ~ = men. respect of the application concerned, and in particular dation. shall report whether the holding will in the opinion of the Board be required for the purposes of closer settlement on the expiration of the existing lease thereof. t I · On, (6a. n) d TmheayMaipnpisrtoevr esh 0 f alslucco h nsreidceormsmuecnh d raetlc . Oonmlonrenmdaay- Aby . PPM ! w Il v lS al t er. refer such recommendation back to the Board for further inquiry, Dr may disapprove of such recommendation either generally or in any particular case or cases. On approval by the Minister of a recommendation by the Board that the term of lease of the holding be extended, the term shall, notwithstanding anything contained in the Principal Act, be extended accordingly for such time and subject to such conditions as may be recommended by the Board. * 18 Oeo. V. No. 17, 8upra, page 11949. t 15 Geo. V. No. 34, supra, page 10945. R
12648 LAND, CROWN. PART II.- STABILISA'flON OF LEASES OF Land Acts Amendment Act. 20 GEO. V. No. 15, CATTLE HOLDINGS. An endorsement of any extension granted under the provisions of this section, together with the con- ditions, shall be made on the instrument of lease concerned: Provided, however, that no extension of lease granted under the provisions of this section shall be for a longer time than ten years; and no extension of lease shall be granted in respect of any holding which in the opinion of the Board will be required for closer settlement on the expiration of the existing lease thereof. Assessment 7. Any extension of lease granted under this Part perioJs. of this Act shal1 for the purposes of reassessment be deemed to have always formed part of the original term of the lease. No right of claim. 8. Nothing in this Part of this Act shall comer upon any selector or lessee a right to claim any extension of the term of the lease of his holding. Re6ump. 9. Notwithstanding anything contained in the ftiroonIns Principal Act, any resumption rights which are at present holdings exercisable bv the Crown under section one hundred and fmoar itnhley used forty-six of the Principal Act or which may in future depasturing accrue under such section in respect of any Pastoral of cattle. Holding mainly used for the depasturing of cattle, whether or not the lease thereof has been extended pursuant to the provisions of this Act shall be suspended and not exercised for a period of ten years from the commencement of this Act, unless at any time the Board certifies that- (a) The portion of the Pastoral Holding concerned is required for closer settlement purposes and that the interests of the State will be adversely affected if such resumption is not made; and (b) The making of a resumption from such Pastoral Holding will result in a material increase in the development of the portion resumed, with concomitant increased pro- duction therefrom. Bffect 01 certificate of Board under preceding section. 10. On the issue by the Board of a certificate in terms of the preceding section, any rights of resumption then accrued in respect of the holding to which such certificate refers shall be exercisable forthwith in accordance with the provisions of the Principal Act.
LAXD, CROWN, 12649 - -~- --- --- -- - -~ - -- - -~ - -- - -- - -- ~ ~ ~ - ~ - ~- - -- - -- ~ -- - PART 1II. ~ 1929. Land Acts Amendm,ent Act, RIGHT OF SELECTORS OF PERPETUAL LEASE PART lIl.-RIGHT OF SELECTORS OF PERPETUAL LEASE SEL! ~ ~ ~ ONS SELECTIONS AND PERPE'IUAL LEASE PRICKLY-PEAR P!':l:: ~ ; AL SELECTIONS TO OBTAIN FREEHOLDING TITLE • PRICKLY-PEAR SELECTIO~ lS TO Application for Conversion of Tenure. OBTAIN FREE- HOLDING TITLE. 11. (1.) Any selector of a Perpetual Lease Selection Noti?es of or of a Perpetual Lease Prickly-pear Selection may give electlOn. notice to the Minister that he elects to havc the tenure of his holding converted to that of an Agricultural Farm or a Prickly-pear Selection, as the case may be. (2.) Such notice of election shall be given within T. ~ e for six months after the commencement of this Act or within ~ ~~ ~ ~, such further time as the Minister may in his discretion allow. (3.) Upon the surrender of the subsisting license Issue.of or lease, the selector shall be entitled to a .new license or : 7e! ~ : ~ nse lease of the land as an Agricultural Farm or as a Prickly-pear Selection, as the case may be, subject to the terms and conditions hereinafter provided. Terms and Conditions of New Lease. (4.) (a) The purchasing price under the new tenure P~ rchas; ng shall be the same amount as the capital value of the prICe. land under the surrendered license or lease. (b) The terms and conditions of the new tenure Provisions shall be such as are provided by this Act and by the of Principal Principal Act with respect to the mode of selection for ! ~ ! ~ ~~: ;; ' c: o which the new license or lease has been granted. (c) The term of the new lease shall commence on Term of the quarter day following the registration of the surrender new lease. of the old license or lease. (d) Except in respect of the unexpired part of the No credit year during which the surrender of the subsisting license ~~ y;: :~ts. or lease is made, no sums paid as rent under the surrendered tenure shall be credited to the nmv tenure. . (e) In the case of a surrendered license or lease Condition W h l ' C h was sub J · ect t 0 a cond 1 ·t· IOn 0 f persona I res1' dence, roefspideernsocon. al it shall be a condition of the new license or lease that, until the expiration of the period during which the condition of personal residence was obligatory, such obligation shall continue in force.
12650 LAND, CROWN. PART III.- RIGHT OF SELECTORS OF Land Acts Amendrnent Act. 20 GEO. V. No. 15, PERPETUAL SE~ ~~ ~ ~NS (j) In the case of prickly-pear land, the period to PE: ~ ~ DAL be allowed for the clearing of prickly-pear under the new PSRELICELKCELTAYIOS-PENESATRO C teJonmurmel . sss . hlaolnl. be such as is fixed by the Prickly-pear Land OBTAI}; FREE- HOLDING TITLE. Application for review (5.) (a) Notwithstanding the provisions of paragraph of value. (a) of subsection four of this section, if the selector, at the same time as he lodges his notice of election; produces evidence that the existing capital value of his selection is greater than the present unimproved value of the land, he may at that time make application to the Minister on the prescribed form for a review of such value. Grounds of (b) Such evidence shall be in the form of a statutory application. declaration or an affidavit setting out fully the facts on which the selector relies to support his contention that the existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. Reference (d) The Minister in his discretion may refer the CtoomComnirstsioorn. applI' cat'IOn and accompanyI.ng dec I arat'IOn or affiadV'lt to the Court or, in the case of prickly-pear land, to the Prickly-pear Land Commission, with a request that the unimproved value of the land referred to be determined. Determina· (e) The Court or the Commission (as the case may tion of value. be) shall thereupon determine the unimproved value of the land as at the date of the application for revi~ w of such value. In such determination the Court or Commis- sion (as the case may be) shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present capital value of the land or at any amount higher or lower than such capital value. The value as so determined shall become the purchasing price of the land under the new tenure. PART IV.- RIGHT OF HOLDERS OF TOWN, PART IV.-RIGHT OF HOLDERS OF TOWN, SUBURBAN SU~ ~ l: ~ :~ yOR OR COUNTRY PERPETUAL LEASES TO OBTAIN FREE- PERPETUAL LEASES TO OB~ ~ ~ D~ ~ E: HOLDING TITLE. Application by Lessees. Not~ : : L: ~ be 12. (1.) Any lessee of a Perpetual Town Lease, given by Perpetual Suburban Lease, or Perpetual Country Lease, lessee. acquired and held under the provisions of section one
LAND, CROWN. 12651 l'ART IV.- 1929. Land Acts Amendment Act. RIGHT OF HOLDERS OF TOWN, • SUBURBAN,OR hundred and twenty-one, sectIOn one hundred and COUNTRY seventy-five, or section one hundred and seventy-six t~ ~ ~ ~ ~ UTA~ of the Principal Act, section five of *" The Closer Settlement OBTAIN FREE- Act Amendment Act of 1917," or of section six of t" The H~ ~ ~ ~ ~ G Discharged Soldiers' Settlement Act of 1917," may give notice to the Minister that he desires his lease to be deemed a lease for a term of ten years, including a covenant entitling the lessee to a deed of grant in fee simple. (2.) Such notice shall be given within six months Time for after the commencement of this Act or within such gi~ . ng further time as the Minister may in his discretion allow. no ICe. (3.) Upon receipt of a notice as aforesaid, theEff~ ct of subsisting lease shall be deemed to be a lease of the land notlCe. therein referred to for a term of ten years from the quarter day following the receipt of th~ notice, subject to the provisions hereinafter mentioned. (4.) An endorsement in terms of subsection three Instrument hereof shall be made on the instrument of lease concerned, ~~ ~~~ ~' with which shall remain in force, together with all encum- brances,.. brances thereon, subject to the terms and conditions ~r~ :~ alll In imposed by this section, until the issue of a deed of grant of the land. (5.) Every such lease shall be deemed to include ~ ease to a covenant entitling the lessee to a deed of grant in ~ ~ ~ ~ ~ : nt fee simple upon payment of all moneys due (including entitling any ba 1 ance unpal' d on account 0 f survey fe) e an cl upon dleesesdeeotfo performance of all the conditions of the lease as modified grant. by this Act. Purchase Price and Conditions of Purchase. (6.) (a) The purchase price of the land shall be the P~ rchase same amount as the capital value of the land under the price. perpetual lease. (b ) Except as modified by this Act, the provisions Pr~lVi. sions of of section one hundred and twenty of the Principal Act r~~ ~ ~~ ~ . shall apply to land dealt with under this section. (c) The lessee shall lodge with his notice an amount Payments. equal to one-tenth of the capital value of the land under the perpetual lease. The balance of the purchase price * 8 Geo. V. No. 10, supra, page 8901. t 7 Geo. V. No. 32, supra, page 9453.
12652 LAND, CROWN. PART IV.- RIGHT 01' HOLDERS OF Land A.cts A<mendment Act. 20 GEO. V. No. 15, TOWN. SUBURBAN, OR COUNTRY shall be paid in ten equal annual instalments, and all ~ , ~ ~ ~~~ ~~; deferred instalments shall bear interest at the rate of five OBTHAOILND F IN R G EE- pounds per centum per annum from the commencement TITLE. of the lease. No credit for past (d) Except in respect of any over-payment of rent payments. under the subsisting lease, calculated to' the date of co mmencement of the new term of ten years, no sums paid as rent under the previous tenure shall be credited to the purchase price of the land. Applic~ tion (7.) (a) Notwithstanding the provisions of paragraph ~ C: : ; : : . VleW of (a) of subsection six of this section, if the lessee at the same time as he lodges his notice produces evidence that the existing capital value is greater than the present unimproved value of the land, he may at that time make application to the Minister on the prescribed form for a review of such value. Grounds of (b) Such evidence shall be in the form of a statutory application. dec1aratl' On or an a ffidaV- lt settm. g out fu 11 y t he facts on which the lessee relies to support his contention that the existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. Reference to (d) The Minister in his discretion may refer the Court. application and accompanying declaration or affidavit to the Court with a request that the unimproved value of the land referred to be determined. ~ etermina- (e) The Court shall thereupon determine the unim- IOn of value. proved value of the land as at the date of the application for review of such value. In such determina- tion the Court shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present capital value of the land or at any amount higher or lower than such capital value. The value as so determined shall become the purchase price of the land, and any necessary adjustment in regard to the amount paid as deposit shall forthwith be made. Existing (8.) Notwithstanding anything contained in any Act manodrtgages to the contrary, when any lease dealt with under this subleases section is charged or made security for the payment of not to ~ eh d any sum of money by the registration of a memorandum extmgUls e. o f mort gage or c;narge, or I . S sub J ' ect t 0 a sublease registered in the books of the Department of Public
LAND, CROWN. 12653 PARTlV.- 1929. Land Acts Amendment Act. RIGHT OF HOLDERS OF --- TOWN, Lands, such memorandum of mortgage or charge or SUBURBAN, sublease shall not be extinguished by any action under O; E~ ~ : :; : LY the terms of this section, and as between the parties LEASES to to the said memorandum of mortgage or charge or sub- F~ : ET; : D_ lease and all other persons such memorandum of ING TITLE. mortgage or charge or sublease shall be and remain good and effective, and shall have the same force and effect as if the terms and conditions of the original lease had remained unaltered. For the purposes of this subsection all the provisions of the Principal Act relating to mortgages and subleases on holdings shall, mutatis mutandis, apply. PART V.-ENCOURAGEMENT OF RlNGBARKl:l'lG AND PAR:rV.- C LEARlNG OF U . SELESS V EGETATlON. ENCOURAGE- MENT OF • • RINGBARKING 13. For the purpose of gIvmg encouragement to the AND CLEARING ringbarking of timber and the clearing of useless vegeta- .J! ~~: A~; ~S: . tion on lands held under lease or license from the Crown, with the object of increasing the productive capacity of the lands, the following provisions shall have effeel;, notwithstanding anything in any other Act to the contrary:- Rent and Priority Right not affected. In the case of any holding in respect of which a permit as prescribed by regulations under this Act has been issued by a Commissioner, and in respect of which there has been effected in pursuance of such permit any ringbarking or clearing of undergrowth and useles8 vegetation or any development work in the nature of clearing which has the effect of improving the carrying capacity of the holding, regard shall not be had to the effect of such ringbarking or other work authorised by such permit during a period of twenty-five years from the date of the permit- not (a) In determining the rent of the land comprised Rent in such holding or of any part thereof which, ~ i~ ~ ~ ; = ~ < ik. on the termination or surrender of the original lease, ma,y continue to be held by the same lessee or his successors in title, and whether such determination is for the first or any subsequent period of the term of the lease; (b) In determining the area in respect of . which r ~ I n g h' o t ri n t o y t the late lessee of a Pastoral Holdmg or affected. Grazing Selection, the lease of which has
12654 PARTV.- ENCOURAGE- MENT OF RINGBARKING AND CLEARING OF USELESS VEGETATION. LAND, CROWN. Land 4-cts .Amendment Act. 20 GEO. V. No. Hi, expired, will have priority of application in terms of section seventy-two of the Principal Act, or in determining the area in respect of which a new lease is to be granted to the holder of a Grazing Selection the lease of which has been surrendered under the pro- visions of section three of *" The Land Acts Amendment Act of 1927." The provisions of this section shall not apply to any ringbarking or other development work which has been effected in return for an extension of the term of the lease of a holding or other concessions granted under the provisions of section fourteen of *" The Land Acts Amendment Act of 1927" or in pursuance of the requirements of the notification opening land for Pastoral Development Lease in accordance with section sixteen of that Act or of any notification opening land for selection or lease under the provisions of the Principal Act. Loans for Ringbarking Purposes. A, : t~ ority of 14. (1.). (a) Fui' the purpose of rendering assistance ~ ~ ~ : ter to to the lessee or licensee of a holding who is desirous of a: dvance~ for entering upon ringbarking operations or the clearing of rmgbarkmg. undergrowth and useless vegetation, it shall be lawful for the Minister, on behalf of the Crown and on the recommendation of the Board, to advance moneys by way of loan to such lessee or licensee. (b) For the better securing of such moneys so advanced the borrower shall execute ?. mortgage as hereinafter provided, or as may be prescribed, to secure the repayment of the amount so advanced. (c) Subject as herein provided, such mortgage shall secure the repayment to the Minister on behalf of His Majesty of the amount so advanced, together with interest thereon as may be prescribed, within a period not exceeding twelve years, as and according to the scale prescribed. The term of any advance shall not exceed the period for which the lease of the holding is to run at the date of the advance if such period is less than twelve years. * 18 Geo V. No. 17, supra, page 11949.
LAND, CROWN. 12655 PARTV.- ]929. Land Acts Amendment Act. ENCOURAGE- MENT OF ~ ~~ ~~ ~ ~- - -~ ~ ~~ ~ ~ ~- - ~~ ~ - RINGBARKING (d) F or t h e perlO . d 0 f two years f 0 11 owm . g t h e d ate on ANODF CULSEEALREISNSG which the advance or first instalment thereof is made, VEGETATION. interest only on the amount advanced at the prescribed rate shall be paid by half-yearly instalments, and after the expiration of the said period of two years the amount advanced, with interest as aforesaid, shall be repaid by the payment by half-yearly instalments in each year during each of the remaining years of the term of the advance of such amount as will permit the advance, with interest as aforesaid, to be wholly repaid during the term of the advance. (e) It shall be a condition of any such advance that payment thereof to the lessee or licensee concerned shall be made by instalments at such times as may be prescribed or as may be fixed by the Board. (j) No application for an advance in respect of ringbarking, clearing of undergrowth and useless vegetation, or any development work in the nature of clearing which has the effect of improving the carrying capacity of the holding shall be entertained unless and until a permit in respect of such ringbarking, clearing, or other such work has been obtained by the lessee or licensee concerned in the manner prescribed. (2.) Every mortgage executed under the provisions Registration of this Part of this Act shall be in duplicate, and the of mortgage. original thereof shall be registered and recorded in the Department of Public Lands, and the production of such mortgage, certified by the Minister or any person authorised by him, shall be sufficient authority for the registration thereof: Provided that, upon payment of aU moneys owing upon the security thereof, the Minister shall give to the mortgagor a certificate stating that the mortgage is redeemed, and upon production of such certificate an entry shall be made in the register book in which the mortgage is recorded, noting that the same has been redeemed, and the mortgage shall be cancelled, and thereupon the estate or interest thereby mortgaged shall cease to be subject to such mortgage: And provided further that no stamp duty or fees shall be payable upon the execution, registration, or cancellation of any such mortgage, any statute or regulation to the contrary notwithstanding.
12656 IjAND, CIWWN. PARTV.- ENCOURAGE- MENT OF RIKGBARKJNG ~ - Land Acts Amendment Act. 20 GEO. V. No. 15, AND CLEARING OF USELESS (3.) Notwithstanding the provisions of section one VEGETATION. Priority of hundred and fifty-six of the Principal Act, if any holding mortgage. intended to be mortgaged under the provisions of this Act is subject to any existing mortgage or encumbrance, and the existing mortgagee or encumbrancee shall, by writing endorsed on the instrument evidencing the same, consent to such intended mortgage taking priority over such existing mortgage or encumbrance, such intended mortgage shall, when executed, and without any release or re-execution of the existing mortgage or encumbrance, take priority over the same, and particulars of such priority shall be noted in the register book.. Conse- quences of default in payments. (4.) If the lessee or licensee of a holding makes default in respect of any payment secured by any mortgage thereon executed under the provisions of this section, interest shall be charged on such amount at the rate of ten pounds per centum per annum from the date appointed for the payment thereof until the same is paid. If, however, the whole of such amount together with such interest is not paid within ninety days from the appointed day, such license or lease shall be liable to forfeiture, and all the rights of the borrower therein may, without any further notice or process, be forfeited by the Minister accordingly: Provided that, notwithstanding such forfeiture, the Minister may waive the same and reinstate the lessee or licensee upon payment of the outstanding dues and any accrued interest at the date of the forfeiture. Applica: t~ on 15. The Governor in Council may by Order in o to f p fr rO ee V h I o S l IO d ns Council extend and apply the provisions of this Part land. of this Act, so far as they may be deemed applicable, to land held in fee simple. ltegulations. 16. Regulations may be made to give full effect to the objects and purposes of this Part of this Act. Without limiting the operations of this section, such regulations may prescribe the form of mortgage, the terms, conditions of advances and repayments, provision for any further security for advances, and, where there may be in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency.
LAND, CROWN. 12657 HJ29. PART Land Acts Amendment Act. Vr.-PROVISIONS RELATING TO PART VI.- PROVISIONS RELATING TO - - ~ - - - - . - - ~ ~ ~ - - ~ - THE UPPER BURNETT AND THE U CALLIDE LAND PPER SETTLEMEKT BURNETT AND CALLIDE LAND SETTLEMENT AREA. AREA Acquirement of Additional Areas. 17. (1. ) Notwithstanding anything contained in any Application Act to the contrary, any selector or allottee of a portion ~ ' Jditional to which the provisions of *" The Upper Burnett and area. Callide Land Settlement Act of 1923" apply, who claims that his portion is less than a living area, may make application to have his area increased so that he may hold a reasonable living area. Any such application may be for the acquirement of additional land- (a) By purchase of the whole or part of another selection in the vicinity; or (b) By the allotment of an area of vacant Crown land. (2.) (a) Any such application shall be madetotheTim~for Commissioner within one. month from the . com.mence- a m p ak p l~ ! n C g a t' Ion. ment of this Act, or wIthin such further tIme as the Minister may in his discretion al1ow. (b) The application shall sot forth particulars of Require- the area a,t present held and of the area that is desired : ;~ r~a~ ~on. as an additional area, and shall state the facts on which the applicant relies to support his claim for an additional area. (3.) (a) All such applications shall be considered C~ nsider by the Commissioner in open court after at least ~~~~~~ fourteen days' notice in writing has been given to each sioner. of the interested parties. After such inquiry as he may deem necessary in the matter the Commissioner shall furnish a recommendation to the Board as to the particular area or areas which the applicant should have allotted to him or which he should be allowed to acquire. (b) As soon as may be after the hearing, the Com- Terms of missioner shall announce the terms of the recommendation ~ e: t~: ~ ~nbe which he is submitting to the Board. announced. (4.) (a) Upon receipt of the Commissioner's recom- C.onsidera- mapepnrdoavteiono, f tthhee Broecaordmsmheanlldcaotinosnideorr threefumseattoerr vaanrdymtahYeBtlOonar bd . y * 14 (leo. V. No. 14, 81'pra, page 10639.
12658 LAND, CROWN. PART VI.- PROVISIONS RELATING TO THE UPPER Land Acts Amendmellt Act. 20 GEO. V. No. 15, - - - - - - - -- ------- -- - -- ----- C B A U L R L N lD ET E T L A A N N D D rlecomm ' endation' • Provided that the Board shall not SETTLEMENT refuse or vary the recommendation of the Commissioner AREA. without giving notice to the applicant concerned and hearing such applicant if he desires to be heard.. Notice to Board by dissatisfied applicants. (b) Any .applicant who is dissatisfied with the Commissioner's recommendation may, within fourteen days of the announcement of such recommendation by the Commissioner, give notice to the Board that he objects to the recommendation. Upon receipt of such notice the Board shall not approve of the recommendation without giving notice to and hearing such dissatisfied applicant if he desires to be heard. Additional (5.) Any a-rea allowed to be acquired as aforesaid or apraerat boefcomes allotted as an additional area in accordance with the original decision of the Board shall be added to the original selection. selectI . On, and shall to all intents and purposes be and be deemed to be a pa,rt of such selection. Transfer of (6.) Nothing contained in section eighty-si.x of the asedljeaccteionnts. Principal Act shall prevent the transfer of the whole or part of a selection for the purposes of this section. Board's decision final. (7.) It is hereby declared that the decision of the Board in respect of any application under this section shall be final and conclusive and shall not be subject to appeal. ~ : : ~ ? s~ o~ s of (8.) Except as is herein otherwise provided, all the Upper provisions of *" The Upper Burnett and Oallide Land BAuctrnoeftt 1 , 9 & 23 c . ., Settlement Act 0 ' 1 J ' 1923" ' ' " l ' nd of the Principal Act shall so far as applicable apply and be observed in regard to land dealt with under this section. No right to (9.) Nothing in this section shall confer upon any ~ ~ Aft' ional lessee a right to claim the grant of an additional area. area conferred. Priority of allotment in certain cases. 18. Notwithsta,nding anything contained in any Act to the contrary, any selector who disposes of hjg selection in order to provide an additional area or additional areas for other selectors or allottees as provided in the preceding section shall be entitled to be allotted by the Board, in priority to other applicants, a portion or portions within the area delineated on the map in the Schedule to *" The Upper Burnett an'd Oallide Land Settlement Act of 1923" which may be available and which in the opinion of the Board constitutes a reasonable living area. * 14 Geo. V. No. 14, 8upra, page 10639.
LAND, CHOWN. 12659 HJ29. Land Acts Amendment Act: PART VL- PROVISIONS RELATIKG ro THE UPPER BURNETT AND CALLIDE LAND Review of Capital Val~{ es and Rents. SETTLE:HENT AREA 19. (1.) Notwithstanding anything contained in any Applications Act to the contrary, any lessee or licensee of a selection by selectors. to which the provisions of *"The Upper Burnett and Callide Land Settlement Act of 1923" apply, who considers that the capital value or rental of his holding is excessive, may make application to the Minister on the prescribed form for a review of such capital v~ due or rent. (2.) Such application shall be made within six Time for months after the commencement of this Act or within makl~ ngt' such further tI·me as t he M" mIster m. h I ' S discre' tlOn may app lCa lOn. allow. (3.) The Minister shall thereupon refer such applica- Reference to tion to the Board for inquiry and recommendation. Board. The Board shall make such inquiry into the matter as it deems fit and shall recommend to the Minister the capital value or rent that should be charged for the selection in question. (4.) The Minister shall consider such recommendation Al?P.roval by and may approve of such recommendation or may refer MInIster. such recommendation back to the Board for further inquiry. . (5.) Upon the approval by the Minister of thel~ etrospec. recommendation, the capital value or rent of the selection~ l; : ration. shall be such sum as is recommended by the Board. The rent as reviewed shall be the rent payable during the first period of the existing lease and shall be retro- spective to the date of the commencement of the lease. The capital value as redetermined shall be deemed to have been the capital value as from the commencement Df the lease. (6.) Any excess of payment by the selector by Excess reason of a review of capital value or rent in terms Of~ : ; ; l' ~ : ~ l~ s this section shall be credited to him in payment of rent which may subsequently become due in respect of the holding. (7.) Any such review and redetermination by the Minister, on the recommendation of the Board, shall be final and conclusive and shall not be subject to appeal. * 14 Gco. V. No. 14, 81tpra, page 10639.
12660 LAND, CROWN. PART VI.- - - --- - - - - - - - - - - - PROVISIONS RELATING TO Land Acts Amendment Act. 20 GEO. V. No. 15, THE UPPER BURNETT AND CALLIDE LANi) Conversion to Agricultural Farm Tenure. SETTLEMENT AREA. 20. (1.) Any selector of a Perpetual Lease Selection eNleoctitcioeno. f to which the provisions of *" The Upper Burnett and Callide Land Settlement Act of 1923" apply may give notice to the Minister that he elects to surrender his license or lease with a view to obtaining in substitution therefor a license or lease of the land as an Agricultural Farm. Time for giving notice. (2.) Such notice of election shall be given within six months after the commencement of this Act or within one month after the redetermination of the capital value of the selection in accordance with the provisions of the preceding section, whichever is the longer period. Purchasing (3.) Upon the surrender of the subsisting license nperiwceleuansde. er or lease, the selector shall be entitled to a new license or lease of the land as an Agricultural Farm subject to the provisions of *"The Upper Burnett and Callide Land Settlement Act of 1923" at a purchasing price of the same amount as the existing capital value of the land or such capital value as may be redetermined in accordance with the provisions of the preceding section. (4.) Thereupon the provisions of paragraphs (b) to (e) of subsection four of section eleven of this Act shall apply with respect to the new license or lease: Provided that any sum credited to the selector at the date of surrender of the old license or lease by reason of the capital value having been redetermined under the pro- visions of section nineteen of this Act shall be applied in payment of rent which may subsequently become due in respect of the new tem~ re. Review of Water Facility Costs. Applic~ tion 21. (1.) Notwithstanding anything contained in any ~ ~ ~:c~~~wby Act to the contrary, and notwithstanding the existence of any mortgage, any lessee or licensee of a selection to which the provisions of *" The Upper Burnett and Callide Land Settlement Act of 1923" apply, who considers that the cost of a water facility for which he is responsible in terms of that Act is excessive and has the effect of over-capitalising his selection, may make application to the Minister qn the pref'cribed form for a review of the capitalisation cost of such water facility. * 14 Geo. V. No. 14, supra, page 10639.
LA~ D, CROWY. 12661 PART VI.- L(lnd Acts Amendment A. ct. PROVISIONS RELATING 'f0' .... _ - - - _ . _ - - - _ ... - - - THE UPPER BURNETT A:-iD mont( h2. ) afStuecr ht haeppcloimcamtieonncesmheanllt b 0 fe t mhI· SadAe ctwiotrhinW ° Itohn I e O I C I ALSLETIATDRLEEEMAL. EANNTD such further time as the Minister in his discretion may Time for a11 0" ' ° mapapkliincagtion. (3.) The Minister shall thereupon refer such applica- Re~ren~e tion to the Board for inquiry and recommendation. to oar. The Board shall make such inquiry into the matter a'1! it deems fit, and shall recommend to the Minister the amount which should be regarded as a fair capital value of the water facility, having regard to all the circum- stances of the case. (4.) The Minister shall consider such recommendation C:0nsidera- and may approve of such recommendation, or may refer~ ~ ~ i! ~ ~ r. such recommendation back to the Board for further inquiry. (5.) Upon the approval by the Minister of the Capital value recommendation, the capital value of the water facility f! ( } ~ ~ ~ ~ r shall be such sum as is recommended by the Board and a fresh mortgage shall be entered into accordingly. (6.) Upon the execution of a fresh mortgage by Terms of the selector for the value of the water facility as ~~ ~ gageo redetermined, the existing mortgage shall be cancelled. The terms of the fresh mortgage shall provide for the repayment of the sum secured, together with interest thereon, on such terms as would have been imposed if the value as redetermined had been the original cost of the water facility. (7.) Any excess of payment by the selector by Exceb"S reason of the capital value of the water facility having: ~ e~ : mer been redetermined under the provisions of this section mortgage. shall be applied in payment of interest and redemption which may become due under the terms of the fresh mortgage. (8.) Except as modified by the provisions of this Forf~ i~ ure Act, all the provisions of *" The Upper Burnett and Callide prOVISIOnso Land Settlement Act of 1923 " as to forfeiture for failure to pay any dues shall have full force and effect. (9.) Any redetermination of the capital value of a R~ det~ r water facility in terms of this section shall be final and : o~ : ~ ~ ~ ct conclusive and shall not be subject to appeal. to appeal. * 14 Geo. V. Xo. H, supra, page 10639.
12662 I~AND, CROWN. PART VI.- PROVISIONS RELATING TO Land Acts Amendment Act. 20 GEO. V. No. 15, THE UPPER BURNETT AND CALLIDE LAND SETTLEMENT Prickly-pear Lands. AREA. 22. (1.) It is hereby declared that, in respect of oAfpPplriiccaktllyO- n prickly-pear infested lands within the area delineated pear Land on the map i.n the Schedule to *" The Upper Burnett and Acts. 0allide Land Settlement Act of 1923," the provisions of t" The Prickly-pear Land Acts, 1923 to 1926" (as amended by this Act) shall extend and apply to such prickly-pear infested lands, and the provisions of sections three to eight of *" The Upper Burnett and Callide Land Settlement Act of 1923 " shall no longer extend and apply: Provided that all the provisions of the last-mentioned Act relating to water facilities shall continue to have full force and effect. Board to (2.) The Board shall determine what lands in the dwehteartmlainndes area shall be deemed to be "prickly-pear land" for the are "prickly- purposes of this section. pear land." Amendments of *" The Upper Burnett and Callide Land Settlement Act of 1923." 23. The following amendments are made in *" The Upper Burnett and Callide Land Settlement Act of 1923," which Act with the amendments made pursuant to this Act may collectively be cited as "The Upper Burnett and Callide Land Settlement Acts, 1923 to 1929," that is to say:- Amendment of s. 4. Section four is amended as follows :- (i.) In subsection one, the letters and words- " (a) Perpetual Lease Selections; or (b) Grazing Homesteads" are repealed and the following letters and words are inserted in lieu thereof, namely:- " (a) Agricultural Farms; or (b) Perpetual Lease Selections; or (c) Grazing Homesteads ;". (ii.) In subsection two, after the words "relating respectively to" the words "Agricultural :Farms," are inserted; also, after the words "Crown lands within the Area as" the words "Agricultural Farms or" are inserted. * 14 Geo. V. No. 14, supra, page 10639. t 14 Geo. V. No. 34 and 17 Geo. V. No. 6, supra, pages 10605 and 11599.
LAND, CROWN. 12663 PART Vf.- IfJ29. Land Acts Amendment Act. PROVISIONS RELATING TO - - - - ~ ~ ~ - - - - - - - ~ - - - - - - - - - - - - ~ ~ - - - - - - - THE UPPER I n paragraph (d) 0 f the sal· d subsect·IOn, after the OBUALRLNIEDTETL ~ A N N D D words "may be notified to be open for" the words SETTLEMEKT "Agricultural Farm Selection or" are inserted. AREA. In paragraph (e) of the said subsection, after the words" The opening prices of the" the words "Agricul- tural Farms or" are inserted. (iii.) Paragraph (i) of the said subsection two of section four is repealed and the following paragraph is inserted in lieu thereof :-. " (i) Every lease of a Grazing Homestead under this Act shall be subject to the condition of personal residence during the continuance of the first period of the term; that is, the selector shall personally reside on such Grazing Homestead for the period of seven years. For any period subsequent to such first period of seven years and to the end of the term of the lease of the Grazing Homestead, the oondition of personal residence shal1 not apply to such Grazing Homestead if such selector so continues as the selector thereof, but the condition of occupation as nefined in section eighty-nine of the Principal Act shall apply. In any case where a Grazing Homestead has with the consent of the Minister been sold by a selector, the purchaser of such Grazing Homestead shall be required to conform to the condition of personal residence on such Grazing Homestead during a period of five years from the registration in favour of such purchaser of the transfer of such Grazing Homestead. For any period subsequent to such period of five vears and to the end of the term of the Grazing Homestead, the condition of personal residence shall not apply in respect of such Grazing Homestead if such purchaser so continues as selector, but the condition of occupation as defined in section eighty-nine of the Principal Act shall apply to such Grazing Homestead. From time to time, as the land is trans- ferred, the condition of personal residence shall be reimposed in the lease of such
12664 PARTVI.- PROVISIONS RELATING TO THE UPPER BURNETT AND CAT-LIDE LAND SETTLEMENT AREA LAND, CROWN. Land Acts Amendment Act. 20 GEO. V. No. 115. -- - ------------------------ - - - - Grazing Homestead for a period of five years. from the date of the registration of each transfer or until the lease expires, whichever is the shorter period." (iv.) Paragraph (m) of the said subsection two of section four is repealed and the following paragraph is inserted in lieu thereof:- . "(m) If default is made by the lessee or licensee of a selection in the payment of any moneys due arid payable under this Act, the lease or license shall, at the option of the Crown, be forfeited, but the lessee or licensee may defeat the forfeiture by payment of the amount due within ninety days from the prescribed date, with the addition of a sum by way of penalty equal to interest thereon at a rate not exceeding ten pounds per centum per annum for the period of default; but, unless the whole of the amount due, together with the penalty, is paid within ni.nety days from the prescribed date, the selection shall, at the option of the' Crown, without any inquiry or other process~ be forfeited: Provided that the Minister may waive the forfeiture and reinstate the lessee or licensee on payment of the arrears due and the accrued penalty." PART VII.- MISCEL- LANEOUS AMENDMENTS OF" THE LAND ACTS, 1910 TO 1927." PART VII.-MISCELLANEOUS AMENDMENTS OF *" THE LAND ACTS, 1910 TO 1927." Amendments of Principal Act. A of m 8 e .4 n . dment four 2 o 4 f . thTehePrfoinllcoiwpainlgAacmt : en-dments are made in section I~ te) reta- (a) After the first paragraph of the said section, tlOn 0 terms. ending with the words " that is to say," the following definition is inserted:- " " Board"-The Land Administration Board con- stituted under t" The Land Acts Amendment Act of 1927 " ; '''. * 1 Geo, V. No. 15 and amending Acts, supm, page 8775 anq sessional volumes; also 18 Geo. V, No. 17, supra, page 11949. t 18 Geo. V. No. 17, 8upra, page 11949.
LAND, CROWN. 12665 - PART VI1.-- Hl29. Land Acts Amendment Act. MISCEL- LA~ ; EOUS - AMENDMENTS OF" THE (b) In the definition of the term "Public Purposes," lkio ND ' i~ 2~ ' " after the words" Roads and stock routes," the words 0 TO • " Scenic purposes" are inserted. 25. The following proviso is added to subsection Amendment two of section fourteen of the Principal Act : - of s. 14 (2). " Provided that nothing herein contained shall be Oille?rs may deemed to restrict or prohibit any such officer as afore'- f: ~~ ~ s~ in said, with the permission of the Minister, from bidding land ~ n for or acquiring any town or suburban land as a residential ~ : ~! : ~n site in the locality where his duties ordinarily are performed." . 26. After the proviso to subsection one of sectionArnendment nineteen of the Principal Act the following proviso of s. 19 (1). is inserted:- " Provided further that the Court shall not give a ~ inor .. decision reversing the Commissioner's acceptance of any Inroretg t u o larIties application for land which was won at ballot by an invalidate applicant qualified to hold such land under the Principal ballots. Act, on the ground of- (a) The inclusion of an unqualified applicant in the ballot or the exclusion of a qualified applicant therefrom, or (b) Any irregularity in the form of any unsuccess- ful application for the same land or in the mode of lodging such unsuccessful application with the Land Agent, which was not brought under the notice of the Com- missioner prior to the ballot, if the Court is satisfied that the Commissioner acted in good faith and in a reasonable manner in the circumstances known to him at the time." 27. The following amendments are made in section Amendment forty of the Principal Act :- of s. 40. [Insertion of (a) Paragraph (e) of subsectjon one is repealed and ? onditi~ ns the f 0 11ow. mg paragraph" IS msert ed'm lJ' eu therefo: - mnotoifpiecnamtiogn. } "(e) That any other improvements, ringbarking, clearing of undergrowth or other useless vegetation, or any works or conditions
12666 LAND, CROWN. PART VII.- MISCEL- LANEOUS Land Acts Amendment Act. 20 GEO. V. No. 15, AMENDMENTS - - - - - - - - - - - - - - - - - - - - - - - - - OF" THE LAND ACTS, 1910 TO 1927." whatsoever specified in the notification, shall be made, done, or performed within a time so specified." (b) In paragraph (f) of the said subsection one, after the word "plants" the words "on the whole or a specified part of the land" are inserted. (c) Subsection three is repealed and the following subsection is inserted in lieu thereof :- Whe~ . "(3.) Notwithstanding anything herein contained, : : b~Cd!~:ed where a notification declares two or more lots open for mad~ for Pastoral I..ease, any person may lodge with his applica- c sp e e r m t~ fi m edother tion a notice ' in the prescribed form or to the like lot~ in ~ me effect, that he desires to be deemed an applicant for notIfica·tion. any other specified lot or lots included in the opening notification; whereupon, provided that he deposits with his application an amount equal to the greatest amount of notified rent per annum for any of the lots specified in his application and notice herein referred to, he shall be deemed to be an applicant for all lots specified in such application and notice: Provided further that nothing in this subsection shall permit of any person holding or acquiring a greater area either as Pastoral Holdings or as Preferential Pastoral Holdings than is allowed in and by such notification." Amendment 28. In paragraph (c) of subsection one of section o[ cDafti S is . oq 4 nu 0 af B loi . rfi. 4 se 0 l B ectoifont" hethePrwinocridpsal" tAhcet, reanftterof twhehicwhotrodgs et"hgerrazwiinthg h p po a rel s df t e o inr r eg a ns l . t]ial pthreeferreennttiaol f pthasetoararel a hosolduignhgt etxoceebdes afcoquurirehdunadsreda pounds per annum" are inserted. Also, the words " any preferential pastoral holding " at the end of the said subsection are repealed and the words " a preferential pastoral holding" are inserted in lieu thereof. Section 50 29. Paragraph (b) of section fifty of the Principal (b). Act' is repealed and new paragraph' (b) is inserted in { mColdasessesofand l 1 'e U thereo • f'- flelections.] "(b) Grazing Selections, which may be- Grazing Homesteads; Grazing Farms; Development Grazing Homesteads; or Development Grazing Farms."
LAND, CROWN. 12667 PART VII.- 1929. Land Acts Amendment Act. MISCEL- LANEOUS "-"" -- A,IENDMENTS OF" THE Also, paragraph (b) of the proviso is repealed and l~ ~ N~ O1~ ~ ~ : " the following paragraph is inserted in lieu thereof :- "(b) Notwithstanding anything contained in paragraph (a) hereof, all 1ands open on the first day of January, one thousand nine hundred and thirty, for Perpetual Lease Selection and not selected shall, on and after that date, be available also for selection as Agricultural Farms at purchasing prices of the same amount as the capital values at which the lands are available as Perpetual Lease Selections, and all lands open on that date for Perpetual Lease Prickly-pear Selec- tion and not selected shall, on and after that date, be available also for Prickly-pear Selection at purchasing prices of the same amount as the capital values at which the lands are available as Perpetual Lease Prickly-pear Selections." 30. After section fifty of the Principal Act the following new section is inserted:- "[50A.] The Minister, with the approval of the Opening Governor I'nCounc ' l I , may from t" lme t 0 tl' me, by not' I fica- lhaonmdefsotread tion in the Gazette, define and set apart for selection as selection, Agricultural Homesteads or Free Homesteads any country lands, not being lands in respect of which any public moneys have been expended for the purposes of acquisition or development: Provided that, before any lands are defined and set apart as aforesaid, an officer of the Department of Agriculture, authorised in that behalf by the Minister for Agriculture, shall certify that- (a) The situation, soil, and climate are such as to make the lands suitable for selection as Agricultural or Free Homesteads in terms of this Act; and (b) A prudent settler with reasonable industry will "be able to make a living for himself and family from the land. No land other than land situated in a homestead area as so defined shall be opened for selection as an Agricultural Homestead or Free Homestead."
12668 LA~D, CROWN. PART VII.- MrSC'EL· LANEOUS Land Acts Amendment Act. 20 GEO. V. No. 15, AYIENDl!ENTS Q}'" THE • LAND ACTS, 31. In section fifty-two of the Principal Act, the 1 A 910 TO dm 1927 t ." words" as 0 ffered' m the publI'C not'ICe or notI' ces decIarm. g ( )f~ ~~ 2. en the land or several portions open for selection" are [Maximum repealed and the words "as fixed by the Minister for ~!l~: ~ ~: ' f the first period of the lease or leases" are inserted in lieu thereof. Amendment 32. Paragraphs (iii.) and (iiiA.) of subsection two of of s. 54 (2). section fifty-four of the Principal Act are repealed. [Repeal of cultivation Also, in both paragraphs (iv.) and (ivA.), after the <'onditions.] words " nOXI.OUS p I ants" ht e words " on t he who I e or a specified part of the selection" are inserted. 33. After paragraph (ivB.) of subsection two of section fifty-four of the Principal Act the following paragraphs are inserted:- Condition as to improve. ments, ringbarking, &c. " (iv c.) In the case of any selection-impose the condition that any improvements, ring- barking, clearing of undergrowth or other useless vegetation, or any works or condi., tions whatsoever specified in the notification, shall be made or done or performed within a time so specified; mDeevnetlop- Grazing Homesteads -or Develop- mGreanzting Farms. (iVD.) In the case of Development Grazing Home- steads or Development Grazing Farms- specify the length of the first period of the term during which the annual rent (if any) per acre specified in the notification is to be paid, and the length of the subsequent period or periods (if any) for which the annual rent is to be determined by the Court; ". 34. Section 54A of the Principal Act is repealed and the following section is inserted in lieu thereo~ : - When "[54A.] Notwithstanding anything hereinbefore con- application tained where a notification declares two or more portions mtGabdeedfeoermed open f' or Grazm. g Se eIct'IOn, any person may I 0 dge W'Ith cert~ in other his application a notice, in the prescribed form or to the ~ ~ ~ : ~ ~ ~ ljke effect, that he desires to be deemed an applicant for in : .~ met' any other specified portion or portions included in the no I ca lOB. opening notification; whereupon, provided that he deposits with his application an amount equal to the greatest amount of notified rent per annum for any of
LAND, CROWN. 12669 HJ29. Land Acts Amendment Act. -- ~ - -~ - -- - ~ - - - .- - ~ - - - - - - - - PART VIL- MrSCEL- UNEOI'S l\}lgND}lENTS the portions specified in his applicatjon to select and L~ ~l~ ' I~ ~ ~, notice herein referred to, he shall be deemed to be an 1910 TO 1927." applicant for all portions specified in such application to select and notice: Provided further that nothing in this section shall permit of any person holding or acquiring a greater area as Grazing Selections than is hereinbefore prescrjbed." 35. In paragraph (f) of subsection one of section Amendment fiftY " -five of the Principal Act, after the words "Agri- r ONf o s t . - . 5fi c 5. a t' lOn cultural Farms" the words "or Perpetual Lease of land for Selections" are inserted; also, the proviso to the said ~ rfuP. ] subsection one is repealed. e.ectlOn. 36. The following further proviso IS added to Amendment section fifty-seven of the Principal Act :_ of s. 57. [Purchasing "Provided further that when land is declared open price and for select,ion as an Agricultural Farm or as a Prickly-pear ~ ~ ~ ~ ~ j Selection and alternatively as a Perpetual Lease Selection . or a Perpetual Lease Prickly-pear Selection, as the case may be, the capital value of the land as a Perpetual Lease Selection or a Perpetual Lease Prickly-pear Selection shall be the same amount as the purchasing price of the land as an Agricultural Farm or a Prickly- pear Selection, as the case may be." 37. The following proviso is a,dded to section Amendment fifty-eight of the Principal Act :_ v of s. 58. [Opening t hat " aPnryovairdeead 0 t f havtaicfatnhte CBrooawrdn clearntidfie I . S s , tobytheI. tsMeIifn, isttoeor lRtahIn' aedansi.l] nivliens" " s small to constitute a living area as a Grazing Homestead, or that for any other reason the land is unsuitable for opening as a Grazing Homestead, the Minister, with the approval of the Governor in Council, may by notification declare such area open for selection as a Grazing Farm without first having it made available as a Grazing Homestead, and notwithstanding anything to the con- trary in this Act may furthef declare that such Grazing Farm shall not be subject to the condition of occupation." 38. Section seventy-one of the Principal Act is Amendment amended as follows:- 0f s 71. [Repeal of The second paragraph of subsection one, beginning r:ultiv..ation with the words "An applicant" to and including the concil.lons.] words "such offer:" is repealed.
12670 LAND, CROWN. PART VII.- M1SOEL- LANEOUS Land Acts Amendment Act. 20 GEO. V. No. 15, AMENDMENTS _ __ OF" THE 1~ iN~ o1~ ~ 7: " The proviso to the said subsection one is repealed and the following proviso is inserted in lieu thereof:- "Provided that an applicant who makes such offer as aforesaid shall be bound to perform the condition of personal residence, in terms of such offer, notwith- standing that he is the only applicant for the land." Subsection four of the said section is repealed. 39. After section seventy-two of the Principal Act the following new section is inserted : - Leases " [72A.] 'Vhen any holding is surrendered to the sbuyrarerrnadnegreed. Crown in pursuance of an arrangement made between ment shall the lessee and the Minister on the recommendation of ~ : ~ :: ~ ;i~ cd the Board, in order that the land comprised ~herein or leases. any part thereof may be opened for selectIOn, such holding shall be deemed to be an expired lease for the purposes of the last preceding section." [Tenders 40. Section seventy-three of the Principal Act is f~ r selection~ repealed dlscon· • tinued.] Afme~ ~ ent 41. In section ninety of the Principal Act; the ~ ~ e~ ~ cti' n words" five miles" are repealed and the words" thirty by mer::bers miles" are inserted in lieu thereof. of a family.] Amendment of s. 91. 42. Section ninety-one of the Principal Act is [Neighbour. amended as follows:- ing selections In subsections one and two the words "fifteen held by the miles" are repealed and the words "thirty miles" are ssealmecetor.] inserted in lieu thereof. Subsection three is repealed and the following subsection is inserted in lieu thereof:- "(3.) When the selector of a selection which is subject to the condition of occupation, or such selector's registered bailiff, resides continuously and bona fide upon land in which the selector is beneficially interested and which is situated at a distance not exceeding thirty miles from the nearest part of the selection, such residence shall be equivalent to the residence of the selector or such bailiff upon the selectjon, and shall confer on the selector the same rights in respect of the selection as his own residence or the residence of his registered bailiff on the selection would have conferred:
LAND, CROWN. 12671 - -- - ~ - - - - - - - - - - - - - - - - - PARTVII.- 1929. Land Acts Amendment Act. MISCEL- LANEOUS ~ - - - - -- - ---.- - - - - - - - - - - - - AMENDMENTS Provided that the land on which the selector or his L~ ~ ~ ' I~ ~ , registered bailiff so resides is not situated in any city, 1910 TO 1927." town, or township, or other centre of population, or has not at any time been declared to be suburban land." 43. In section ninety-six of the Principal Act, the Amendment word "Court" wherever it occurs is repealed and the of s. 96. word" Board" is inserted in lieu thereof. m [ L l . I a ll ~ B dt r A a t~ I - OD Board to ac1; instead of LandCou~ on conver- sion of selection tenll'.res.} 44. Subsection six of section one hundred and four Amendment of the Principal Act is repealed. of s. 104. [Repeal of cultivation condition.] 45. Subsections two and three of section one Amendment hundred and nine of the Principal Act are repealed and of s. 109. the following subsections are inserted in lieu thereof :-I[T e e as r e m ° fof "(2.) The term shall be the notified term. Grazi~g . SelectIons.] When the term of a Grazing Homestead or Grazing Farm exceeds seven years, the term shall be divided into periods; or, in the case of existing Grazing Selections, when the residue of the term after the expiration of the current period exceeds seven years, such residue shall be divided into periods. The last period shall be of such duration as will permit the other period or each of the other periods, as the case may be, to be of the duration of, seven years. In the case of a Development Grazing Homestead or Development Grazing Farm, the term shall be divided into periods as specified in the notification opening the land for selection. (3.) The annual rent reserved shall be, during the first period, the notified rent. The rent for the second and each succeeding period shall be determined by the Court." 46. Subsection four of section one hundred and nine of the Principal Act is repealed and the following subsection is inserted in lieu thereof : - "(4.) The lease of a Grazing Farm shall be subject Resi~ ~ nce t o the cond 1 'tI' On 0 f occupat'IOn dur' Ing the whoeI term, coofnGdrItaIzOinngs except in the case of a Grazing Farm in respect of Selections.
12672 LAN'D, CROWN. PART VII. - MISCEL- LANEOUS A~ ' IEND1[£ } ; TS Land Acts Amendment Act. 20 GEO. V. No. 15, ----,--- OF" THE LAND AOTS, which the Minister with the approval of the Governor 1910 TO 1927." in Council (by virtue of the proviso to section fifty-eight) declares in the notification opening the land for selection that such Grazing Farm shall not be subject to the condition of occupation: Provided that, in the case of a Grazing Homestead applied for or held prior to the first day of January, one thousand nine hundred and seventeen, the lease shall be subject to the condition of personal residence during the first five years of the term, and thereafter for the remainder of the term to the condition of occupation." 47. After paragr~ ph (c) of subsectior: 4A of section one hundred and nine of the Principal Act the following new paragraph is inserted : - Relief from personal residence when Grazing Homes'"ead less than living aCta. " (d) Notwithstanding anything hereinbefore contained, in the case of a Grazing Home- stead subject to the condition of personal residence, if the Board certifies that the land is less than a reasonable living area as defined in section eight of *"The Land Acts Amendment Act of 1927" the selector may be relieved from personally residing on the land. In such cases the condition shall be deemed to be performed by the residence on the selection of a registered bailiff who is himself qualj.fied to select a similar selection or by the residence of such bailiff or of the selector on other land as may be approved by the Board." 48. After section one hundred and nine of the Principal Act the following new section is inserted :- Construction "[109A.] Except as is otherwise specially provided oreflaAtciotninto by this Act, in any provision in which reference is made Develop- to a Grazing Homestead or Grazing Homesteads such mGreanzting provision shall be read and construed as if the words Homesteads " or Development Grazing Homestead" or "or Develop- moreDntevelop- ment Grazing Homesteads," as the case may be, were Grazing inserted after the words "Grazing Homestead" or Farms. "Grazing Homesteads" respectively; and any such provision concerned shall be and be deemed to be amended by this section accordingly. * 18 Geo. V. No. 17, supra, page 11949.
LAND, CIWWN, 12673 PART VlI,- 1!l2!l. Lan(Z Acts Amendment Act. MISCEL· LAXEOUS - - - - - - - - - - - - - - - - A~ IENDME"TS Except as is otherwise specially provided by this LA O N F D " A T C H T~ '- . A C t , I ' n any prOVI ' s " IOn In w h 1 ' 0 h re f erence I . S ma d e t 0 a 1910 TO 1927 . " Grazing Farm or Grazing Farms such provision shall be read and construed as if the words "or Development Grazing Farm" or "or Development Grazing Farms," as the case may be) were inserted after the words" Grazing Farm" or "Grazing Farms" respectively; and any such provision concerned shall be and be deemed to be amended by this section accordingly." 49. Subsection three of section 11 OA of the Principal Amendment Act is repealed. of s. 1l0A. [Repeal of cultivation provision.] 50. After paragraph (b) of subsection two of section [Inse.r~ion of f oon 1 e 1 oWh . lullngdnreedw apnadragsriaxpte h e " n IS lolflsetrhtee d ; P-rincipal Act the on CO fo n ts ( ifa h il t ce l a ~ I t n n i s on.] "(C) Impose a condition that the purchaser shall make substantial improvements on the land to the satisfaction of the Minister of a value and within a time to be specified." 51. In subsection three of section one hundred and Amendmont twenty of the Principal Act, after the words "as of:. 120 (3.) aforesaid" the words "and upon compliance with all ~ ~ 'V ! ~ ~ ~ e~ ] ant the conditions of sale imposed by the notification" are inserted, 52. After section one hundred and twenty-one of the Principal Act the following new section is inserted ;- "[121A.] (1.) The Minister, with the approval of Authority to the Governor in Council , may , b - y notification ' f ca o use roffesrallaend any Crown land to be offered for sale by public auction alternatively as town or suburban or country lots and alternativel J v aosr fpreeerphoetludal as Perpetual Town Leases or Perpetual Suburban Leases leases. or Perpetual Country Leases." (2.) The person who makes the highest bid for a lot, not being less than the upset price, shall state whether he wishes to be considered the purchaser of the land in terms of sections one hundred and fifteen to one hundred and twenty or whether he desires the issue to him of a perpetual lease in terms of section one hundred and twenty-one of this Act, whereupon the provisions of such of those sections as are applicable shall apply."
12674 LAND, CROWN. PART VII.- MISCEL- LANEOUS AMEND)fENTS Land Acts Amendrnent Act. 20 GEO. V. No. 15, - -------- L~ ~ ~ ' 1~ ~ , 53. The following proviso is added to section one lA9 m 10 e T n O d1 m 9 e 2 n 7. t " hundred and twenty~ eight of the Principal Act : - of s. 128. "Provided that if a lessee, within six months prior I~ : trospec- to the expiration of an assessment period of his holding, r.e-a.ssessmen t gives notice in writing under his hand or under the hand hmlted.] of his agent in the prescribed form or to the like effect to the Minister that he desires the rent of his holding to be determined for the ensuing period, then, notwithstanding anything contained in this Act, such lessee of such holding, when the rent thereof has been so determined, shall not be required to pay arrears accruing from such determination (being the difference in the amount of the rent payable by him prior to such determination and the amount of the rent as so determined by the Court) for a longer period than twelve months ante- cedent to the date of the reference by the Minister to the Court of the question of the determination of such rent." When 54. In paragraph (c) of section one hundred and resumption fifty of the Principal Act, after the words" compensation takes effect. is payable," the words" not being cases of resumption for public purposes," are inserted. Amendment 55. In subsection one of section one hundred and of s. 155 (1.) fifty-five of the Principal Act, all words commencing ~ ~rayment " For the purposes of this subsection" and ending " for ringbarking, each succeeding year" are repealed and the following r&ecs.u,monptOIon. ] words are inserted in lieu thereof : - " For the purposes of this subsection, ringbarking or the clearing of undergrowth and useless vegetation or any development work in the nature of clearing, which has the effect of improving the carrying capacity of the holding, shall be deemed to be an improvement for which the lessee shall be entitled to be paid in case of the resumption of the land within twenty years after the date of the permit, but in no case shall the amount so paid exceed the cost of such ringbarking or clearing, less proper deduction for deterioration: Provided that in estimating the compensation to be paid, there shall be taken into consideration, by way of set-off or abate- ment, the benefit received by the lessee from such ringbarking or clearing since the same was effected." o A f m s. e 1 n 5 d 7 m . ent Princ 5 ip 6 a . l SAeccttioisn amoneendheudn, dbryedinsaenrdtinfgiftayf- tseervetnhe owf otrhdes
LAND, CROWN. 12675 - - - - PARTVH.- ]929. Land Acts Am,end1nent Act. MrSCI!:L· LANEOUS ~ ~~ - -~ - -- - -- - -- - ~- - ~- - - ~ - - - AMENDMENTS OF" THE q stocking or improving the holding" the words " or for LAND ACTS, other purpose approved by the Minister. 1910 TO 1927." 57. Section 157A of the Principal Act is amended, Amendment by inserting after the words "stocking or improving the of s. 157..1.. selection" the words "or for other purpose approved by the Minister." 58. After section one hundred and sixty of the Princjpal Act the following section is inserted:- "[160A.] (a) When any holding which is charged OrPr~ vision re made security for the payment of any sum of money: ~ ~ ~ ~ ~ : ! . by the registration of a memorandum of mortgage or ,., oharge is surrendered to the Crown for the purpose of effecting a conversion of the tenure of such holding to any other tenure, or of enabling a new lease of the land or any part of it to be granted, or of having the land comprised jn such holding made available under some other tenure with priority of application to the mortgagor, such memorandum of mortgage or charge shall not be extinguished by such conversion or surrender, as the case may be, and as between the parties to the said memorandum of mortgage or charge and all other persons such memorandum of mortgage or charge shall, during the period between the date of the surrender of the holding to the Crown and the date of the instrument of title entitling the mortgagor to occupation under the new tenure, be and remain a good and effective security for the moneys thereby secured. (b) Immediately upon and following the date of the . instrument of title entitling the mortgagor to occupation under the new tenure or lease, such holding under such new tenure or lease shall be and become the holding charged or made security for the payment of the sum of money secured by such memorandum of mortgage or charge. (c) Before the issue of the instrument of title under the new tenure or lease, the proper officer of the Department of Public Lands shall endorse on such instrument of title a note of every subsisting entry in the proper register, and thereafter the first sub- sisting mortgagee or encumbrancee shall be entitled to and may obtain from the Department of Public Lands such instrument of title of the holding.
12676 LAND, CROWN. PART VII.- MISCEL· LANEOUS Land Acts Amendment Act. 20 GEO. V. No. 15, A- illf~ NDlIENTS - -- - - - - --- OF" THE LAND ACTS, (d) Such memorandum of mortgage or charge shall 1910 TO 1927." for all purposes whatsoever have the same force and effect as if duly executed and registered with respect to the new tenure or lease. (e) This section shall be deemed to have come int,o operation on and from the first day of July, one thousand nine hundred and twenty-six, and to that extent the section shall have retrospective operation." Amcndm.mt 59. The following amendments are made in section of s. 171. one hundred and seventy-one of the Principal Act;- t[iDoente o r f m v i a n l a u . e ( a T ) he second paragraph, commencing with t he of rabbit· words" For the purposes of this section, any reference in ~~ ; ;, ~ ~ ral. *"The Fencing Act of 1861" " and ending with the words proof fence "shall be read and construed accordingly," is repealed ~ ; u~ t~ ] d and the following paragraph is inserted in lieu thereof;- " In the case of a dividing fence between holdings which is rabbit-proof or marsupial-proof, or both rabbit- proof and marsupial-proof, any reference in *" The Fencing Act of 1861" and t" The Fencing Act of 1861 Extension Act of 1897 " to any court of petty sessions or court or two or more justices or magistrates shall, for the purposes of this section, be deemed to be a reference to the Land Court, and any reference to the clerk of petty sessions shall be deemed to be a reference to the registrar of the Land Court, and the provisions of such last-mentioned Acts shall be read and construed accordingly.', (b) Before the last proviso to the said section the following additional proviso is inserted;- "Provided always that the remedies provided by this section shall extend so as to include any increased material benefit which may arise from any fence to which this Act applies subsequent to any prior judgment by the Court in respect of such fence. The matter shall be dealt with by the Court in the same malUler as an original claim is dealt with, and the Court shall accordingly declare the value of the fence and the proportion of benefit (if any) which the person summoned derives or will derive from the fence and the amount he shall pay to the plaintiff, and shall give judgment for such sum (which sum shall not, * 25 Vie. No. 12, 8upra, page 753. t 61 Vie. No. 9, 8upra, page 7l'17.
LAND, CROWN. 12677 ~~~~-- - PART V I I . - 1929. Land Acts A~ mendment Act. MISCEL~ LANEOUS ~ _ ~ ___ A~IENDMENTS OF" THE t oge t , h er WI ·th any prevIO . US . JU d gmen t or J . U d gmen t s, 19 L 1 A 0 NTDOA 1 C 9 T 27 S :" eXJeed one-half of such declared value) as is equivalent to such benefit." 60. After section one hundred and seventy-five of the Principal Act the following section is inserted:- "[175A.] Notwithstanding anything hereinbefore Sale or lease contained, the Governor in Council may sell and grant ~ n~ r~ : ~ any Crown land, at a price to be determined by the religious Court, or may issue a Perpetual Town Lease, Perpetual ZrOe~ { i~ ~ r of Suburban Lease, or Perpetual Country Lease of any ohl:l1'o.h Crown land at an annual rent for the first period to bUlldmgs. he determined by the Court in accordance with the provisions of section 176A of this Act, without competition, to a religious body which is now or may hereafter be authorised and competent in law to acquire and hold land in fee simple, for the purpose of erecting church buildings thereon. The provisions of sections 116, 117, 120, and 121 of this Act except as hereby modified, shall, mutatis mutandis, apply to land dealt with under this section: Provided that it shall be a condition of the sale or lease, as the case may be, that specified church buildings shall be erected on the land within a specified time." 61. The following amendments are made in section AmendI?ent one hundred and eighty-five of the PrincJpal Act:- of s. ISo. (a) In subsection one, after the word "mortgage" the words" except as provided in subsection three hereof" are inserted. (b) After subsection two the following new subsection is lmerted:- "(3.) In order to raise funds for effecting permanent Power to improvements on any land granted in trust, or for adding mortgage. to permanent improvements already effected on such land, the Governor in Council may, by Order in Council, grant to the trustees of such land liberty to mortgage the said la,nd, or any specified part thereof, upon such terms, conditions, and stipulations as he thinks proper; and the trustees shall be at liberty to effect such mortgage
12678 LAND, CROWN. PART VII.- MrSCEL- LANEOUS La1td Acts Amendment Act. A:IIENDMENTs "" - "- " -- " - "~ - - - " - - - " 20 GEO. V. No. 15, L~ ~ D' 1! ~ , accordingly in pursuance of such Order in Council, not- 1910 TO 1927." withstanding any restriction contained or implied in the deed of grant or *" The Land Acts, 1910 to 1929" ; and a mortgage so made shall be valid and effectual for all purposes: Provided that if default shall be made either in the payment of the moneys secured or in any of the covenants expressed in the memorandum of mortgage, the mortgagee of such la,nd shall give to the Minister thirty days' notice in writing before he shall issue any process or exercise any remedy against the mortgagor in pursuance of the memorandum of mortgage." Amendment of s. 198. 62. In subsection one of section one hundred and lRing- . ninety-eight of the Principal Act, after the words" lessee barking or of a pastoral holding," the words " or Special Lease" • dtiemstbreorying are inserted. without Commis- siorier's permit.] Amendment of s. 199. 63. In subsection one of section one hundred and [Commis- ninety-nine of the Principal Act, after the words" or any sioner may Grazing Selection" the words "or any Special Lease" iasnsdueottihmebr er are inserted. licenses.] [ oALfme s s . esn 2 ede 00 mh . aesnt after 6 t 4 h . e Iwnosrdecsti"ona tlwesoseehuonfdraedpaosftotrhael Phroilndcinipga,l" Atchte, no power to words " or Special Lease" are inserted. restrict authorised persons.] [ AoOfmf s f . eenn 2 dc 0 em 1 s . eanst one o 6 f 5 th . eInPrisnucbispeacltiAocnt, tharfeteerotfhesewctoiorndst"woorhaunnydpreasdtoarnadl to timber, holding" the words" or Special Lease" are inserted. &c.] Amendment oft" The Land Act Amendment Act ofI916." [Repeal of section 66. Section thirty-four of "The LandAct Amend- providing ment Act of 1916 " is repealed. that no land be auctioned in fee simple after 1st January, 1917.] * 1 Geo. V. No. 15 and amending Acts, see supra (this Act). t 7 Geo. V. No. 19, supra, page 7604.
LAND, CROWN. 12679 PART VIl.- E12!1. Land Acts Arnendment Act. ----- ----------------- MrSCEL- LANEOUS ----- --- ----- - - - - AMENDMENTS OF" TIn; Amendments of*" The Land Acts Amendment Act of 1927." l§ i~ N~01~~ : " 67. After section sixteen of * "The Land Acts Amend- 1nent Act of 1927 " the following section is inserted : - "r ,- 16A.] (1 .- ) The Min'ister with the approval of the OCrpoewnninglanofd Governor in Council, may by notification declare anyfor. . Crown l~ nd open for application as .a Stud Holding, and : ;~ h~: ~ ~n lllay withdraw any land from bemg open as a Stud Holding. Holding. (2.) Such land may in any case be declared 80 Dpen, subject to any of the conditions applicable under Division I. of Part Ill. of the Principal Act to Pastoral Leases, and notwithstanding anything contained in the Principal Act may be subject to such other special conditions as the Governor in Council thinks fit to impose in order to secure the use of the land for the depasturing of stud sheep or stud cattle, and the establishment, maintenance, and conduct of such stud. In every case the notification shall declare the necessary particulars to be inserted in the conditions of lease for effecting the prescribed purposes: Provided that the term of a Stud Holding shall not exceed thirty years. (3.) Except as varied by this Act and by theApplica~i~ m notification opening the land, all the provisions of the~! I~~ ~ ~l~ LOns Principal Act relating to Pastoral Leases shall be Pastoral 0 applicable to Stud Holdings." Leases. 68. In section thirty-seven of *" The Land Acts Amendment Amendment Act of 1927" all words commencing" and of 8.37. W henever I.n theIS Ac atn'y powers"adn en d l ' ng ." or 0 ther [ oAf ppprolivciastiioonns tribunal whatsoever," at the end of the second paragraph of.Act to o f t - he Sal 'd sect'IOn, are repea I ed . lparnlCdk.] ly-pear PART VIIl.-AlVIENDMEN'l'S OF O'l'HER ACTS. PAHT VIII.-' t" AMENDME:>TS Amendments of The Prickly-pear Land Acts, 1923 OF ,oTHER - to 1926." ACTS. 69. The following amendments are made in t"The Prickly-pear Land Acts, 1923 to 1926," that is to say : - (i.) In subsection nine ,of section eleven, after the Amendment word "operations" the words "and the destruction ,of of s. 1.1 ~ 9) . other noxious weeds" are inserted. t [ l ~ v d e mlmstra- ------------------------- _.____ .._. __. ____________ .____ functions.] * 18 Geo. V. No. 17, supra, page 11049. t 11 Geo. Y. No. 34 and 17 Goo. Y. No. 6, S'upm, pag"s lOflO" and llf)9\)_ 'f
12680 PART VIII.- AMENDMENTS OF OTHER ACTs. LAND, CROWN. ---------- Land Acts Amendment Act. ---------- 20 GEO. V. No. 15, Also, after the word" Commission" at the end of the first paragraph, the words" whether such localities are included within a prickly-pear area or not" are inserted. In the second paragraph of the said subsection nine of section eleven, after the words" endeavour to destroy prickly-pear" the words "or other noxious plants" are inserted. Amendment (ii.) Paragraph (g) of subsection one of section twelve of s. 12. is repealed. [Judicial functions. ] Suhsection two of section twelve is repealed and the subsection at present numbered" three" is renumbered "four. " The following new subsections are added to the said section twelve :- "(2.) For the purpose of the exercise of the judicial functions of the Commission the provisions of Division Ill. of Part Il. of the Principal Act, with such modifica- tions thereof or additions thereto as the Governor in Council may, from time to time by Order in Council, declare so. as to meet the circumstances, shall be applicable and shall he ohserved. ~f£ Sdi~tion (3.) The Land Court and Land Appeal Court shall Cou:tand have no jurisdiction in respect of all matters enumerated ~ ~ ~ ~tAppelill in subsection one hereof over or in respect of holdings 1. comprising prickly-pear land, but such jurisdiction shall not be affected as regards any other matters relating to prickly-pear land." Amendment (iii.) In section 23A, before the words "perpetual ~6: ~;: :aion lease pric~ ly- pear selection," wherev~ r they occur, the of pastoral words" prIckly-pear selection or" are ll1serted. leaseholds or prickly-pear In the fifth paragraph of the said section 23A, before lperaiscekslyto- pear the words" capI· t, a I va I ue " t.he words " purchas·mg prI.ce selections.] or" are inserted. Amendment (iv.) In the first paragraph of section twenty-four, o[ Cf os.nv: le4r. sion before the words" perpetual lease prickly-pear selection" of grazing the words" prickly-pear selection or" are inserted. selections to prickly-pear In the second paragraph of the said section twenty- selections.] four, before the words "capital value" the words "purchasing price or" are inserted.
1929. JJAND, OROWN. Land Acts Amendment Act. 12681 ---------------- PART VIII.- AMENDMENTS OF OTHER AO'l's. , The third paragraph is repealed and the following paragraph is inserted in lieu thereof:- "Upon the surrender of the subsisting lease or license to occupy, the selector shall be entitled to a lease or license to occupy (as the case may be) from the Crown of the land as a prickly-pear selection or as a perpetual lease prickly-pear selection, on the conditions so deter- mined, and generally the provisions of the Principal Act and of this Act shall apply to every such new prickly- pear selection or perpetual lease prickly-pear selection (as the case may be)." (v.) In section 25A, before the words "perpetual Amendment lease prickly-pear selection," in the first paragraph of of s. 25A: the sal' d sect'IOn, the word,s' " PrlC klY- pear se I ectI'On or" o[ Cf o a nverSIOn are inserted. perpetual lease In the second paragraph of the said section 25A , p 8e rl ~ C ec k t l i y o - n petoar a before the words "capital value" the words "pur- seJ.ection.] chasing price or" are inserted. The third paragraph of the said section 25A is repealed and the following new paragraph is inserted in lieu thereof :-' "Upon the surrender of the subsisting lease or license to occupy, the selector shall be entitled to a lease or license to occupy (as the case may be) from the Crown of the land as a prickly-pear selection or as a perpetual lease prickly-pear selection, on the conditions so determined, and generally the provisions of the Principal Act and of this Act shall apply to every such new prickly-pear selection or perpetual lease prickly-pear selection (as the case may be)." (vi.) In section 28B, after the words "perpetual lease selections" the words" agricultural farms, prickly- pear selections" are inserted. (vii.) In subsection one of section twenty-nine, after Amendment the words "perpetual lease selections" the words of s. 29. :' agricultural farms, prickly-pear selections" are ~ : as for Inserted. selections of The f 0 llow· mg prOVI.SO.IS added to t he sal' d subsectI.On lparnicdk.] ly.pear one of section twenty-nine:- "Provided that, when land is declared open for selection as a prickly-pear selection and alternatively as a perpetual lease prickly-pear selection, the capital value
12682 LA~ ' D, CROWN. PART VIII.- AMENDMENTS OF OTHER Land ~ - 1cts ~ - 1m. endm. ent Act. 20 GEO. V. No. 15, ACTS. of the land as a perpetual lease prickly-pear selection shall be the same amount as the purchasing price of the land as a prickly-pear selection." In subsection two of the said section twenty-nine, after the words "grazing selections" the words "or as prickly-pear selections" are inserted. Amendments of the Oloser Settlement Acts. 70. The following amendments are made in *" The Closer Settlement Acts, 1906-1913," as amended by t" The Oloser Settlement Act Amendment Act of 1917," t" The Oloser Settlement Acts Amendment Act of 1923," (which Acts with the amendments herein made by this Act and by the Land Acts Amendment Acts of § 1922, 111924, and ~ 1925 respectively may collectively be cited as "The Oloser Settlement Acts, 1906 to 1929 "), that is to say:- Amendment (i.) Paragraph (iv.) of subsection two of section of S. 36B. 36B is repealed. (Repeal of cultivation condition.] Amendment (ii.) In section 36D, the words" condition of personal of s. 36D. residence during the whole term" are repealed and the ~ ! ' ~ ~ ~ : : : .] following words are inserted in lieu thereof :-"conditioll of personal residence during the continuance of the first period of the term, that is, the selector shall personally reside on such Settlement Farm Lease for the period of seven years. For any period subsequent to such first period of seven years and to the end of the term of the Settlement Farm Lease, the condition of personal residence shall not apply to such Settlement Farm Lease if such selector so continues as the selector thereof, but the condition of occupation as defined in section eighty-nine of the Principal Act shall apply. In any case where a Settlement Farm Lease has with the consent of the Minister been sold by a selector, the purchaser of such Settlement Farm Lease shall be required to conform to the condition of personal residence on such Settlement Farm Lease during a period of five years from the registration in favour of such purchaser of the transfer of such Settlement Farm Lease. * 6 Edw. VII. No. 32 and 4 Geo. V. No. 21; t 8 Geo. V. No. 10; and t 14 Geo. V. No. 18. See 8upra, pages 8901 and 10632. § 13 Geo. V. No. M, 8upra, page 10096. 11 15 GED. V. No. 33, supra, page 11053. 'il.16 Geo. V. No. 27, 8upra, page 1l318.
LAND, CROWN. 12683 - PART VIII.'-:' 1029. Land Acts Arnendn~ ent Act. A~ ~ NO: ~ : TS - - - - ~ - ~ ~ - - ~ - " ' - . - - - - - - ~ - - - - - - - ---.-.. ---. - - - . ~ - ~ "- . -- . -- ~ .- - -- ,..- - - - - - - - - . ------ "'----,---- ACTs. For any period subsequent to such period of five years and to the end of the term of the Settlement Farm Lease, the condition of personal residence shall not apply in respect of such Settlement Farm Lease if such purchaser so continues as selector, but the condition of occupation as defined by section eighty-nine of the Principal Act shall apply to such Settlement Farm Lease. From time to time, as the land is transferred, the condition of personal residence shall be reimposed in the lease of such Settlement Farm Lease for a period of five years from the date of the registration of each tra,nsfer or until the lease expires. whichever is the shorter period." (iii.) The proviso to clause (e) of section 36F is Amendment repealed and the following new proviso is inserted:- of s. 36F. " P rOVI' ded t hat, I'ndetermm. . mg t he rent, a[ Rffeecnttednobty regard shall not be had to any increase in ringbarking.) the value of the holding attributable to improvements, nor during a period of twenty- five years from the date of the permit or until the termination of th(' lease of the holding, whichever is the shorter period, to any ringbarking or clearing of undergrowth and useless vegetation, or any development work in the nature of clearing, which has the effect of improving the carrying capacity of the holding and which has been effected in pur- suance of a permit issued by a Commissioner, as prescribed by regulations under *" The Land Acts Amendment Act of 1929." " Amendments of t" The Oloser Settlement Act Amendment Act of 1917." 71. The following amendments are made in t" The Oloser Settlement Act Amendment Act of 1917," that is to say:- (i.) In section two, the first paragraph and sub- [ Op~ ~ in! ! section one are repealed and the following new paragraph ~ ! ~ : ~ ~ al and subsection one are inserted in lieu thereof- SLeelaescetion.] "After the passing of this Act, the following additional provisions shall apply to the disposal of land * This Act. t 8 Geo. V. No. 10, 81tpTa, page 8901.
12684 LAND, CROWN. PART VIII.- AMENDMENTS OF OTHER ACTS. Land Acts fhnendntent Act. 20 GEO. V. No. 15, acquired under the Principal Act, whether so acquired before or after the passing of this Act :- (1.) The remainder of the land (after making provision for the purposes referred to in section twenty- eight of the Principal Act) may, in addition to being opened for selection as Agricultural Farms in terms of section twenty-nine of the Principal Act, be also opened for selection as Perpetual Lease Selections under *" The Land Acts, 1910 to 1929" (including t" The Discharged Soldiers' Settlement Act of 1917") and any other Act amending or in substitution for the same and this Act. The notification opening land for selection as Perpetual Lease Selections shall state the capital value of each separate portion." (ii.) The following proviso is added to paragraph (ii.) of subsection two of section two : - "Provided that when land is declared open for selection as an Agricultural Farm, and alternatively as a Perpetual Lease Selection, the capital value of the land as a Perpetual Lease Selection shall be the same amount as the purchasing price of the land as an Agricultural Farm." (iii.) The following subsection is added to section two:- Unselected . "(7.) Notwithstanding anything contained in sub- laavnadilable ae section five hereof, all lands open on the first day of AgriculturaJ January, one thousand nine hundred and thirty, £01' Farms. Perpetual Lease Selection and not selected shall on and after that date be available also for selection as Agri- cultural Farms, at purchasing prices of the same amount as the capital values at which the lands are available as Perpetual Lease Selections." Amendment of s. 5. (iv.) The first paragraph of section five is repealed, [Sales bv auction in certain cases.) (v.) After section five the following new sections aTe inserted : - Review of " [5A.] (a) Notwithstanding anything contained in ppurirccehsaasnindg any Act to the contrary, any lessee or licensee of an capital values. Agricultural Farm or a Perpetual Lease Selection to * 1 Geo. V. ~ o. 15 and amending Acts. t 7 Geo. V. No. 32, supra, page 945:5.
LAND, CROWN. 12685 H) ~ H. Land Acts Amcndmont Act. PART VIII.- AMENDMENTS OF OTHER ACTS. which the provisions of *" The Closer Settlement Acts, 1906 to 1929," apply, who considers that the purchasing price or capital value of his holding is excessive, may, within six months after the commencement of this Act, make application to the Minister for a review of such purchasing price or capital value. (b) Such application shall be accompanied by evidence in the form of a statutory declaration or an affidavit, which shall set out fully the facts on which the selector relies to support his contention that the existing purchasing price or capital value of his land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. (d) The Min.ister in his discretion may refer the application and accompanying declaration or affidavit to the Court or, in the case of prickly-pear land, to the Prickly-pear Land Commission, with a request that the unimproved value of the hmd referred to be determined. (e) The Court (or the Commission) shall thereupon determine the unimproved value of the land as at the date of the application for review. In such determination the Court (or the Commission) shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present purchasing price or capital value of the land or at any amount higher or lower than such purchasing price or capital value. (f) The value as so determined shall become the purchasing price or capital value of the land: Provided that, In the case of an Agricultural Farm~ the value as so determined shall be deemed to have been the purchasing price of the land from the date of commencement of the term of the lease, and in the case .of a Perpetual Lease Selection any such review of the capital value shall be in respect of the current period of the lease, and shall be retrospective to the date of commencement of such period. (g) Any excess of payment by the selector by reason .of a review of purchasing price or capital value in terms ,. SCle annotations to s,wtion 70 of this Act" supra.
12686 PART VIII.- A~mNDMENTS OF OTHER ACT!!. LAND, CROWN. Land Acts Amendment Act. 20 GEO. V. No. 15, of this section shall be credited to him in payment of rent which may subsequently become due in respect of the selection. Conversion [5B.] Any selector of a Perpetual Lease Selection, to tAogl' ieultural which the provisions of *" The Closer Settlement Acts, 1906 Farm to 1929," apply, may, within six month::; after the tenure. commencement of this Act, give notice to the Minister that he elects to surrender his license or lease with a view to obtaining in substitution therefor a license or lease of the land as an Agricultural Farm under the Closer Settlement Acts, whereupon the provisions of section eleven of "The Land Acts Amendment Act of 1929" shall, mutatis mutandis, so far as are applicable, apply." Amendments of t" The Discharged Soldiers' Settlement Acts, 1917 to 1926." 72. The following amendments are made in t" The Discharged Soldiers'Settlement Acts, 1917 to 1926" (which with the amendments herein made by this Act may be collectively cited as "The Discharged 'Soldiers' Settlement Acts, 1917 to 1929 "), that is to say : - Amendment (i.) Subsection one of section four is amended by of s. 4. inserting after the words "for selection as" the words [ toAusetht oarpitayrt "Agricultural Farms or as". In the proviso to the said land for subsection, the words "acquire a" al'e repealed and the A se g l~ r c i t c . u i l o t n uraasl words "acquire an Agricultural Farm or" are inserted Farms.] in lieu thereof. Subsection two of the said section four is amended by inserting before the words" capital value," where such words twjce occur, the words" purchasing price or". Amendment (ii.) Provision five of section five is repealed and the of s. 5. following provision is inserted in lieu thereof : - Residence provision applicable to selections. "(5) The lease shall be subject to the condition of personal residence by the lessee during the first five years of the term, and thereafter to the condition of occupation as defined in section eighty-nine of the Principal Act." * See annotations to s. 70 of this Act, supra. t 7 Geo. V. No. 32 and 10 Geo. V. No. 21, supra, page !J453; al~ o 17 Gco. \e. No. 31, supra, page 11616
LAND, CROWN, 12687 1929. Land Acts Amendment Act. -------- PART V(Il.- AMENDMENT:! OF OTHER AmB. (iii.) Provision four of section 5A is repealed and the Amendment following provision is inserted in lieu thereof :_ of 8. 5A. " (4) The lease shall be subject to the condition Resi? - ~ nce o f personal reS1· dence by the Iessede u·rmg aprpOpVlilcSalObnle to the first five years of the term, and thereafter selec~ ions on to the condition of occupation as defined in f:; ts~ ed section eighty-nine of the Principal Act." (iv.) In provision five of section seven, all words Amendment from and including the words "The lease" (at the of B. 7. commencement of the said provision) to and including the words" discharged soldier" (at the end of paragraph (b) of the said provision) and the letter (c) at the beginning of the following paragraph are repealed and the following words are inserted in lieu thereof :- "The lease shall be subject to the condit,ion of Residence personal residence during the first five y . e . ars a pr p o p v l ~ ic s a io b n le to of the term, and thereafter to the condltIOn perpetual ooff soeccctuI . Opnastio 8 n 6 , , a 8 n 7, d 8 a 9 c , c 9 o 3 r , di 9 n 3 g A l , yatnhde 1 p 3 ro 3 voisfiot h nes sltoeuwasbuensrb. aannd Principal Act shall be applicable: Provided that, notwithstanding a,nything contained in the Principal Act-" (v.) In provision four of section 7 A, all words from Amendment and including the words" The lease" (at the commence- of s. 7A. ment of the provision) to and including the words " discharged soldier" (at the end of paragraph (b) of the said provision) and the letter (c) at the beginning of the following paragraph, are repealed and the following words are inserted in lieu thereof :- " The lease shall be subject to the condition of Residence personal residence during the first five ~e~rs ~ ; ~ t~ ~ ~ ~ e to of the term, and thereafter to the condltIOn perpetual of occupation, and accordingly the provisions ! ~ ~ ! ~ ~ n of sections 86, 87, 89, 93, 93A, and 133 of the leases on Principal Act shall be applicable: Provided fc~ ired that, notwithstanding anything contained in an s. the Principal Act-" (vi.) In section 7B, before the words "capital value" in the last paragra,ph of the section the words " purchasing price or" are inserted, and before the words "Perpetual Lease" the words" Agricultural Farm or" are inserted.
12688 LAND, CROWN. PART VIII.- c___ AMENDMEKT~ OF OTHER ACTS. - - - ~ ~ - - - - - Land Acts cirnendment Act. 20 GEO. V. No. 15, Amendment of s. 70. (vii.) The proviso to section 70 is amended by Personal deleting the words" five miles," where they twice occur, rosidence. and inserting the words "thirty miles" in lieu thereof. (viii.) After section ten the following new section IS inserted:- Reli~ f by. "[lOA.] In any case where any officers or officer rreemntlSoSrlOn 01 deput ed'In that beh aIf by t he M" Illlster t 0 make ' InqU.lry reductio~ of have or has, after such inquiry, recommended to the ~ ~i~ ~~~ ~~ftal Minister that relief should be extended to a discharged value, or soldier. by way of a remission of rent or a reduction rent. in the purchasing price, capital value, or rent charged such discharged soldier for his holding, the Minister may afford the relief so recommended wholly or in part and as from such date (whether before or after the date when this section ,vas enacted) as he thinks proper under the circumstances, and he may accordingly reduce the afore- said purchasing price, capital value, or rent, and there- upon the purch8;sing price, capital value, or rent (as the case may be) as so reduced shall be the purchasing price, capital value, or rent (as the case may be) of the holding as from the date so fixed by the Minister." Repeal of s. 11. (ix.) Section eleven is repealed. Amendments of *" l'he Clermont Flood Relief Act of 1917." 73. The following section is added after section nine of *" The Clermont Flood Relief Act of 1917" as amended by subsequent Acts (which Acts, with the amendments made by this Act, may collectively be cited as "The Clermont Flood Relief Acts, 1917 to 1929") : - Conversion to freehold " [10.] Notwithstanding anything contained in anv J tenure. Act, it shall be lawful for any lessee under this Act to give notice to the Minister within six months after the commencement of this Act that he desires his lease to be deemed a lease for a term of ten years, including a covenant entitling the lessee to a deed of grant in fee Application simple; and the provisions of section twelve of t"The Land " A o T f c h t 8 s e .1 L 2 a o n f d A m c e t n s t A o m r e m nd o m d e if n ic t a A ti c o t n 01 th 1 e 9 r 2 e 9 o , f " otor gaedthdeitriownitthhearneytoamwehnicdh- 1meif~ ~ nt" the Governor in Council may by Order in Council deem ct 0 1 9. fit to make, shall apply and extend acco . r . dingly: * 7 Geo. V. No. 30, supra, p,'ge 7677. t This Act.
1929. LAND, CROWN. 12689 - - - - - - - - - - - - - - - - - - PART VIII.- Land Acts Amendm,ent Act. AMENDMENTS OF OTHER ACTS. Provided that nothing herein contained shall in any way prejudice or affect the provisions of section four of this Act, and payments shall continue to be made to the Council of the Town of Clermont in the same way and to the same extent as if the land had continued to be held under perpetual lease tenure." Amendment8 of *"The Sugar Worker8' Perpetual Lease Selections Act of 1923." 74. The following amendments are made in *" The Sugar Workers' Perpetual Lease Selections Act of 1923" as amended by t" The Sugar Workers' Perpetual Lease Selections Act Amendment Act of 1926 " (which Acts with the amendments herein made by this Act may collectively be cited as " The Sugar Workers' Selections Acts, 1923 to 1929,") that is to say:- . (i.) In the titles of both Acts, the words" Perpetual Lease" are repealed. (ii.) Section three is amended as follows :-After Amendment the words "Group Selection" the words "as Agricul- of s. 3. t ,ura I F arms or ' " are I . nser t e d . [ oPpoewn elrantod for sugar In subsection one of the said section, after the word workers.] "acquire" the words "an Agricultural Farm or" are inserted. In subsection two, before the words "Perpetual Lease Selections," where they twice occur, the words ."Agricultural Far~ s or" are respectively inserted. In paragraph (a) of subsection two, after the word " contained" the words "an Agricultural Farm or" are inserted. . (iii.) In section four, the words "a Perpetual Lease Amendment Selection" are repealed and the words " an Agricultural of s. 4. Farm or a Perpetual Lease Selection" are inserted in lieu thereof. (iv.) In section 5A, after the words "is possessed Amendment abrye tIh. nesehroteldde. r of " the words "an Agricultural Farm or" s[ oeMflesoc. rtt 5 igo A an . gsi.n] g * 14 Geo. V. No. 20, supra, page 10629. t 17 Geo. V. No. 15, suprCt, page 11608.
12690 PART IX.- GENERAL PROVISIONS. LAND, OROWN. Land Acts Amendment Act. 20 GEO. V. No. 15, 1929. PART IX.-GENERAL PROVISIONS. Applica~ i? n 75. The provisions of this Act shall be applicable ~ ~ ~ ~ ~Vt~lOnSto and shall extend to prickly-pear land as defined in lparnicdk. ly·pear *" The Prickly-pear Land Acts, 1923 to 1926." Wherever in this Act the Minister is empowered or required to exercise or discharge any power, authority, or duty, the same shall, with respect to such prickly-pear land, be exercised and discharged by him after the consideration by him of the recommendation of the Prickly-pear Land Commission. ~ ollective 76. *" The Prickly-pear Land Acts, 1923 to 1926," ~ ! ~ k~ ~ . pear as amended by t"The Land Acts Amendment Act of Land Acts. 1927" and this Act, may be collectively cited and referred to as "The Prickly-pear Land Acts, 1923 to 1929." This Act not 77. Nothing in this Act shall be deemed to apply ~ ~ ; lePlluiz~ or have reference to land acquired or held under the Sugar Works provisions of t" The Tully Sugar Works Area Land RAergeualLataionnds R egu l a ' twns R at · '/ f , i catw . n A ct O , J f' 1924 • " Ratification Act of 1924." Gover~or in 78. Notwithstanding anything contained ill any ~ ~ =~ li may Act to t,he contrary, the Governor in Council may by documents Order in Council exempt from stamp duty any ~ ~ ~ i~amp documents prescribed in such Order, which documents certain cases. relate to the settlement of Crown lands. Regulations 79. All the provisions of section two hundred and under s. 209. nine of the Principal Act empowering the Governor in Council to make regulations shall, mutatis mutandis, extend and apply in respect of all or any matters or things under this Act, and such regulations ml:W be made on the passing of this Act. * 14 Geo. V. No. 34 and 17 Geo. V. No. 6, supra, pages 10605 and 11599. t 18 Geo. V. No. 17, supra, page 11949. t 15 Geo. V. No. 22., supra, page 11214.
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