No. XXIX.
An Act further to amend the Lands Acts of 1861 and the Act of 1875. [25th May, 1880.]
| WH E R E A S it is expedient to amend the " Crown L a n d s | A c t of 1 8 6 1 " t he | " Crown Lands Occupat ion A c t of 1 8 6 1 " and |
Al ienat ion
t h e " Lands Acts A m e n d m e n t Ac t 1 8 7 5 " P e it therefore enacted by the Queen ' s Most Exce l l en t Majes ty by and wi th t he advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w South W a l e s
| in P a r l i a m e n t assembled and | by t h e au thor i ty of the same as follows | :— |
| 1. The fifteenth e igh teen th | thir ty-f irs t and | for t ie th sections of |
t h e " L a n d s Ac t s A m e n d m e n t A c t 1 8 7 5 " and the twenty-fif th section of the " Crown Lands Al iena t ion Act of 1 8 6 1 " are hereby repealed Provided t h a t such repeal shal l no t prejudice or affect a n y r igh ts of t h e Crown or of any person a l ready lawfully acqui red thereunder .
2. So m u c h of sections one th i r t een and e ighteen of t he " Crown
| L a n d s Al ienat ion Ac t of | 1 8 6 1 " and of section twen ty - two of t he | " | Lands |
Ac t s A m e n d m e n t Ac t 1 8 7 5 " as m a y requi re t h a t improvement s u p o n land condit ional ly purchased should be of t he value of one p o u n d per acre is hereby repealed and it shall be sufficient for all the purposes of t he said Acts or of th is Act if such improvemen t s upon land condit ionally purchased shall be of the value of t e n shil l ings per acre Provided t h a t t he reduct ion of the va lue of improvements shall no t apply to condit ional pui 'chascs which have been declared forfeited or otherwise finally deal t wi th except in cases where such forfeiture shall have been revoked by
| t h e | au tho r i t y | of t h e | Governor . |
3 . The holder of any condi t ional pu rchase who e i ther by himself
or those t h r o u g h w h o m he claims shall have resided upon his con di t ional purchase for th ree years and shall have m a d e or shall hereafter m a k e due declarat ion of such residence and pay or have paid the balance of his pu rchase m o n e y or in te res t or ins ta lment thereof as by t he said Acts required m a y m a k e applicat ion to t he Minis ter for a n extension of t he t ime for complet ion of his improvements to a fur ther t e r m of two years and if t h e Minis ter shal l be satisfied t h a t t h e several o ther condit ions of such purchase have been duly performed and t h a t improve men t s of a fixed a n d durab le charac ter of a value not less t h a n six shil l ings per acre have been already made he shall g r a n t such extension and on complet ion of t he improvemen t s to the to ta l va lue of t en shill ings per acre such holder shall become ent i t led to a g ran t as provided b y the said Acts Provided tha t du r ing such ex tended t e r m t h e condit ional purchase shall con t inue to be t he residence bond fide of such holder and shall be l iable to forfeiture for non-residence as du r ing t h e original
5. I n respect of any land condit ional ly purchased after t he
pass ing of this A c t t he t e r m of five years shal l be subs t i tu ted for t h a t
of t h ree years prescr ibed by t h e e igh teen th section of t he " Crown | Lands |
| t e r m | of | t h r ee | years . |
1. W h e n a n y land shall be purchased w i th in any pastoral lease
hold b y any person other t h a n t h e leaseholder t he land agen t shall w i th in one week of t he date of such purchase notify the same t h r o u g h the post to t h e pastoral t e n a n t wi th in whose leasehold such purchase shall have been made A n d no person m a k i n g such purchase shal l acquire any r igh t s of impoundage as regards t h e stock (unless herded) t h e p rope r ty of or depastured by the pastoral t e n a n t upon such lease hold un t i l four teen days after t he da te of such purchase .
| L a n d s Al iena t ion A c t of | 1 8 6 1 " and t h e | twenty-second | section of | t h e |
" L a n d s Ac t s A m e n d m e n t A c t 1 8 7 5 " f o r t h e residence of t h e condit ional pu rchase r u p o n such land a n d the improvemen t thereof as by the said A c t s and th is A c t required Provided t h a t every condit ional purchaser
| shall a t t h e expira t ion of th ree | years from t h e da te of his condi t ional |
purchase or wi th in t h r e e m o n t h s thereaf ter m a k e due declarat ion unde r t he first-mentioned section t ha t such land has been his bond fide residence cont inuous ly f rom wi th in th ree m o n t h s of such purchase and t h a t fixed a n d durab le improvement s of a va lue not less t h a n six shil l ings per acre have been made the reon and shall duly pay and thereaf ter cont inue to pay the ins ta lments of t he balance of purchase money inclusive of in teres t requi red by the e ighth section of t he A c t secondly hereinbefore ment ioned Provided also t h a t any such l and which shall a t a n y t i m e wi th in five years from t h e p u r c h a s e thereof cease to be t h e bond fide residence of t he lawful holder thereof for t h e t ime-be ing otherwise t h a n by reason of his decease or insolvency as hereinaf ter provided or which shall no t have been du ly improved to t he va lue of six shil l ings per acre wi th in th ree years a n d of t e n shillings per acre wi th in five years after such purchase or in respect of wh ich the paymen t s for ins ta lment of t h e purchase money and interest as hereinbefore recited shall no t have been duly m a d e shall be l iable to forfeiture as in t h e said Acts respect ively provided.
| 0. | The Minis te r m a y ex tend to five years t h e t e r m wi th in w h i c h |
the expend i tu re of two pounds per acre on m i n i n g operat ions o ther t h a n gold-mining shal l be completed upon any condit ional purchase unde r t h e n i n e t e e n t h section of t h e " Crown L a n d s Al ienat ion A c t of
| 1 8 6 1 " on be ing satisfied t h a t | a t t he end of th ree years from the da te |
| of t h e purchase not less t h a n twenty- four | shill ings per acre has been |
| expended the reon in m i n i n g operat ions o ther t h a n for | gold. |
| 7. | E x c e p t | as here inaf ter provided no condit ional purchase m a d e |
after t h e passing of th i s A c t shall be t ransferable un t i l t h e condit ional purchaser shall have resided thereon for five years from the da te of such purchase b u t if a n addi t ional condit ional purchase t h e same m a y be t ransferred in conjunct ion wi th t h e original purchase after t h e expira t ion of t h e said five years from t h e da te of such or iginal purchase Provided t h a t n o t h i n g contained in this section shal l apply to minera l
| condi t ional | purchases . |
8. W h e n e v e r i t shall appear to t he Minis te r desirable port ions of
Crown Lands m a y be measured across a n y frontage road or in tended frontage road a n d m a y be so applied for by any condit ional purchase r and no twi th s t and ing a n y t h i n g in t he t h i r t e e n t h section of t he " L a n d s
| Acts A m e n d m e n t | Ac t | 1 8 7 5 " t h e Min i s t e r if | i t | shall | appear | desirable |
| m a y ex tend t h e l eng th or b read th of t h e boundaries of a n y rec tangu la r |
block beyond e igh ty chains and necessary roadways and sites for and sources of wa te r supply and for s ta t ions for t r igonometr ica l survey m a y be excluded from any measurement .
9. Eve ry purchase r of C r o w n L a n d s and every holder of a lease or
l icense shall be ent i t led to a road of access and also to free ingress and egress the reby to and from the lands held by h im t h r o u g h and over any Crown L a n d s w h e t h e r u n d e r lease or no t if no access to t h e lands held b y h im by means of a reserved or proclaimed road or t r ack shall be provided Provided tha t such road shall no t interfere wi th any bui ld ings garden stock or draf t ing yards be longing to such lessee and shall in every case follow such a direction and be so m a r k e d as to occasion as l i t t le damage or inconvenience to t he lessee as m a y be possible Provided
| t h a t t h e Min i s t e r shall have power to | close roads provided | for in th i s |
| clause u p o n | g iv ing th ree m o n t h s not ice to t ha t | effect | in | t he | Gazette. |
10. T h e acceptance by or on behalf of the Crown of any pu r
chase money or pa r t thereof in respect of any condit ional pu rchase or
of in te res t money on any balance thereof or of ren t or o ther p a y m e n t
u n d e r
unde r any lease or license shal l not he held to have operated or to operate hereaf ter as a waiver by t h e Crown of a n y forfei ture acc ru ing by reason of t he b reach of any condit ion precedent or subsequent annexed b y law to t h e es ta te or in teres t of a condit ional purchase r lessee or licensee B u t no th ing here in contained shall affect any pro ceedings ins t i tu ted in any Cour t before t he commencemen t of th is A c t or any case where it shall be proved tha t t he Crown t h r o u g h the Minis te r or any author ized officer has h a d full knowledge by not ice or otherwise of the breach of a n y such condit ion before t h e acceptance
| of such money interes t r e n t or other | p a y m e n t . |
| 1 1 . Crown L a n d which after hav ing been condit ional ly | pur |
chased m a y have rever ted to H e r Majesty or m a y have been forfeited shall n o t be open to be aga in purchased condit ional ly or otherwise u n t i l after t he expira t ion of t h i r ty days after such reversion or forfei ture
| shal l have been du ly notified in t h e | Gazette | A n d no improvements |
| effected du r ing the said t h i r t y days on such rever ted or forfeited | lands |
| shall cons t i tu te a t i t le to purchase t he same as improved lands | Pro |
| vided t h a t no such land shall rever t to t he r u n | un t i l after t he | expira |
| t ion | of | t h i r t y | days | a n y t h i n g | in | law | to t he | cont rary | no twi ths t and ing . |
| 12. W h e n e v e r t h e | t emporary reservat ion of any | lands | shall |
be revoked by the Governor t he land upon which any improvemen t s no t less t h a n tAventy shillings per acre in value are m a d e m a y not wi ths t and ing the i r existence be condit ionally purchased A n d should an appl icat ion be m a d e to condit ionally purchase such land so improved the appl icant m u s t s ta te in his appl icat ion t h a t he is wil l ing to jmrchase t he improvement s and pay for t h e m t h e a m o u n t fixed by appra isement and shal l a t t h e t ime of m a k i n g t h e appl icat ion pay a deposit of t e n per cent, upon the supposed value of such improvements and shall pay the ba lance wi th in th ree m o n t h s of t h e notification in t h e Gazette of t h e a m o u n t fixed in sucli appra i sement or forfeit his condit ional purchase and such improvement s shall be held to be p a r t of t h e improvements requi red to be made in conformity wi th t he provisions of the second section of th is A c t or m a y be sold by publ ic auct ion and the es t imated va lue of such improvements shall in t h a t case be added to t h e upse t price and be paid in to t h e Consolidated Revenue or t h e land m a y be re ta ined for publ ic purposes Provided t h a t n o t h i n g in th is clause shall p reven t the Governor from selling by appra i sement any improved reserved land the improvement s u p o n which were m a d e before t he reservat ion thereof or before t h e first day of J u l y one thousand e ight hund red and seventy-six Provided also t h a t no tem
| porary reservat ion of a n y such lands shall be revoked un t i l after | survey |
| by way of subdivision thereof. |
13 . After t he pass ing of this A c t no land shall be sold to any pastoral lessee unde r t he second clause of t he " L a n d s Acts A m e n d m e n t Ac t 1875 " in v i r tue of improvement s u p o n his r u n unless t h e Minis ter shal l be satisfied t h a t such improvements are of a fixed and drrrablc charac te r erected cons t ruc ted or effected bond fide for t h e work ing and beneficial occupat ion of t h e r u n for pas tora l jmrposes and t h a t t he al ienat ion of such lands is no t l ikely to prejudice or affect injuriously t h e va lue of adjacent Crown L a n d A n d t h e Min i s te r m a y in any
| case fix a h igher m i n i m u m price | t h a n | t h a t provided | by t h e | said |
| clause and t h e land m a y be | sold a t such price w i t h o u t | appraise |
m e n t unless t he Minis ter shall deem a n appra isement advisable A n d the to ta l area to be sold in any r u n in v i r tue of improvements he re after applied for shall no t exceed one twenty-fif th pa r t of t h e to ta l area of such r u n on the first J a n u a r y one thousand e igh t h u n d r e d and
| seventy-e igh t or t h e | commencemen t | thereaf ter of t h e t e r m of lease |
| unless in t h e case of a n y r u n out of which | purchases in v i r tue of im |
| provements have not a l ready been m a d e to t h e ex ten t of double | t h e |
one
one twenty-fif t h pa r t aforesaid and in such cases u p to double s u c h twenty-f i f th par t i n all of t h e area of t he r u n Provided t h a t t he area
| to be sold in v i r t u e of i m p r o v e m e n t s | as aforesaid | shall | be t a k e n u p | in |
| blocks n o t exceed ing four in | n u m b e r | Provided | t h a t | land purchased |
| in v i r tue of | i m p r o v e m e n t s | h a v i n g | a | frontage | shall be measured in | a |
| r e c t a n g u l a r | form wi th | a dep th | of not less t h a n sixty | chains . |
| 14. | N o t w i t h s t a n d i n g | a n y t h i n g | to | t h e | con t ra ry | conta ined | in | t h e |
| thir ty-f if th | sec t ion | of | t h e | " L a n d s | Ac t s | A m e n d m e n t A c t | of | 1875 " |
| whenever | a | condi t iona l | purchase r of | Crown L a n d s s i tuated | w i th in a |
| pas tora l lease | shal l app ly for a p re -empt ive lease in v i r tue of his |
| condi t ional | p u r c h a s e | a n d | i t | shal l appea r | t h a t | t he r e | is no t | sufficient |
adjoining land w i t h i n such pas tora l lease to admi t of t h e cancel la t ion therefrom of t h e a rea men t ioned in t h e said section i t shall be lawful for t h e Min i s te r t o app rove of t h e wi thd rawa l for the purpose of p re empt ive lease of a n y adjoining l and o u t of any adjoining pastoral lease b u t n o t u n t i l all t he avai lable ad jo in ing l and wi th in t he or iginal pas tora l lease shall have first been exhaus t ed .
| 15 . I n t h e even t of t h e sale condi t ional or o therwise of | a n y |
por t ion of l and held u n d e r lease or p romise of lease from t h e Crown for pas tora l purposes or in t h e even t of t h e conferr ing of any pre- empt ive r i g h t of lease over land so he ld t h e lessee ho ld ing unde r such first-mentioned lease or promise of lease m a y separa te remove a n d ca r ry away from the land so sold or leased or under p re -empt ive r i g h t a n y fencing or o ther improvemen t s wh ich m a y be upon or m a y adjoin t h e l ands so sold or leased (and which shal l be capable of b e i n g separa ted removed a n d carried away from the said land) and for th i s purpose he m a y ei ther for himself personal ly or for his agents and servants have such r igh t of en t ry on and over t h e lands so sold or leased as m a y be reasonable and required for t h e purpose of such remova l P rov ided t h a t all such improvements m a y be removed wi th in t h r ee m o n t h s after not ice in wr i t i ng has been given to such lessee of t h e cancel la t ion of t h e pas tora l t enu re e i ther by sale or o thenvise Provided also t h a t no improvemen t on t h e said land which shall n o t be or which is no t capable of be ing so separated removed and carried away shal l be destroyed damaged or d is turbed by the holder of such lease or promise of lease b u t he shall be ent i t led to be paid a n d recover in t he neares t Court of P e t t y Sessions from the person purchas ing or ob ta in ing a p re -empt ive lease of t h e said land com pensat ion for such improvemen t in respect of such condi t ional pu rchase and pre-empt ive lease respectively such compensat ion to be assessed according to t he value of t he same to a condit ional purchaser .
| 1G. "Whenever it shal l become necessary or desirable t ha t a n y price ren t value or s u m of money should be fixed or ascertained by appra i sement unde r t he hereinbefore reci ted Ac t s or th i s A c t such appra i sement shal l be m a d e by one or more appraisers appointed by t h e Minis te r charged wi th such appra isement a n y t h i n g in t h e said Ac t s to t h e cont rary no twi ths tand ing and every appra i sement so m a d e shal l unless al tered or vetoed by such Minis te r after t he receipt of a r epor t and recommendat ion from th ree such appraisers be b ind ing final and conclusive as if made by appraisers or a n u m p i r e appointed in t h e m a n n e r in t h e said Acts provided and all t h e provisions of the said A c t s as to an appra i sement by a single appraiser shall apply to such appra i sement and every appra iser so appoin ted shall have t he l ike powers except as to award ing costs. |
| 17. N o appra i sement made for the purpose of de te rmin ing | t h e |
r e n t upon renewal of any exis t ing lease of Crown Lands shal l be a t a lower ra te t h a n one pound per section of six h u n d r e d and forty acres b u t in the case of any appra i sement of a r u n m a d e for t he first and second leases thereof t he appra i sement m a y be a t a ra te lower t h a n one
| pound b u t not lower t h a n ten shil l ings per section. | 18 . |
| 18. Wliori a n y por t ion of Crown lands no t be ing forfeited | or |
vacated r u n s shall have become vacan t or abandoned or shal l have been w i t h d r a w n from the pastoral lease for t h e site of a town or vi l lage or for any other purpose it shall be lawful for t h e Minis te r to let such land by publ ic auc t ion on an a n n u a l license at a m i n i m u m upse t price of no t less t h a n one pound per section.
| 19. | F o r t h e purpose of t he th i r ty -e igh th | section of t he | " L a n d s |
| Acts A m e n d m e n t | Ac t of 1 8 7 5 " re la t ive to t he leasing of | Crown | lands |
| for t h e erect ion of wharfs or je t t ies Crown lands shall m e a n | a n y | land |
| under t he | sea or l and u n d e r t h e waters of any h a r b o u r | bay lake | r iver |
creek or navigable s t ream Provided a lways t h a t no such lease shal l be made of land adjoining t h e frontage of any proprietor Avho is wi th in t he mean ing of the n i n t h section of t he " Crown Lands Al iena t ion A c t of 18G1" excep t to or w i t h t he consent of such proprietor Provided also t h a t no such lease shall be made which shall be ca lcula ted in any way to i n t e r r u p t or in terfere wi th t h e r i g h t of nav iga t ion or w i th t h e r igh t s or in teres ts of proprietors of land hav ing frontages adjoining to the land so proposed to he leased A n d provided also t h a t t he in ten t ion to g ran t a lease of such land shall have been previously announced in the Gazette for four consecut ive weeks before such lease is granted .
20. The words contained in section t h i r t een of t h e " Crown
| L a n d s Al iena t ion A c t of 18(51" " the t h e n last census" shall m e a n the t h e n last census published by t h e au thor i ty of t he | Governmen t . |
2 1 . Crown lands temporar i ly reserved from sale under t h e pro