Local Government (Small Holdings) Amendment Act 1932 (NSW)

LOCAL GOVERNMENT (SMALL

HOLDINGS) AMENDMENT ACT.

Act No. 61, 1932.

AD Act to enable the councils of shires and municipalities to acquire or provide land for small holdings and to sell or lease such holdings for agricultural purposes; to amend the Local Government Act, 1919, and certain other Acts; and for purposes connected therewith. [Assented to, 22nd December, 19-']2.]

BE it enacted bv the Kinu" s Most Exceilcnc Majesty. lative Council and Legislative Assembly of 2\ew (South by and with the advice and consent of the Legis-	Wales in Parliament assemble.:!, and by the authority of
the same, as follows :—
1 . (1) This Act may be cited as the " Local Govern- ment (Small Holdings) Amendment Act, 1932." (2)

(2) This Act shall be read and construed with the Local Government Act, 1919, as amended by subsequent Acts. That Act as so amended is referred to in this Act as the Principal Act.

2 . The Principal Act is amended by inserting next

after section live hundred and fourteen the following

new Part :—

PART XXIIIA.

SMALL HOLDINGS.

DIVISION 1.—Acquisition of land for small holdings.

514A. In this Part , unless inconsistent with the context or subject-matter,—-

" Small holding " means an agricultural holding which does not exceed fifty acres in area, or if exceeding fifty acres is at the date of sale or lease by the council of an unimproved capital value not exceeding five hundred pounds.

" Agriculture " and " Cultivation " include horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of live stock, poultry, or bees, and the growing of fruit, vegetables, and the like, and " agricultural " and " cultivate " have a corresponding meaning.

514B. ( 1 ) The council may by gift, agreement, pur­ chase or lease, acquire land within or without its area

persons who desire to buy or lease and will them­	for the purpose of providing small holdings for	selves cultivate the holdings.
(2) The council shall not acquire land for small holdings save at such a price or rent that in the opinion of the council all expenses incurred by the council in relation to the land will be recouped out of the purchase money for the land when sold by the council, or out of the rent of the land when leased by the council, and the council shall fix the purchase money or rent at such reasonable amount as will in its opinion guard it against loss.

(3)

(3) Any land owned by the council which is not required for any other purpose may be used tem­ porarily or permanently by the council for the pur­ poses of this Part , and may be sold or leased by the council as provided in this Part .

(4) Before acquiring or using any land for the purpose of this Par t the council shall obtain a certificate signed by the Minister for Agriculture that the land is suitable for cultivation and for use as small holdings or can be made suitable at reason­ able expense.

(5) The power to acquire land outside its area conferred on the council by this section shall not be exercised except with the consent of the coun­ cil of the area in which the land is situated.

DIVISION 2.—Subdivision and adaptation of land

for small holdings.

514c. (1) The council may subdivide any land acquired or provided by it for the purposes of this Par t into suitable allotments and shall cause a plan of each such subdivision to be prepared showing the dimensions, area and situation of each allotment.

(2) Such plan shall be kept at the office of the council and shall be available for inspection by any person interested during the usual office hours without payment of a fee.

514D. (1) The council may, if it thinks fit, before

selling or leasing any land for small holdings, adapt
the land for that purpose—

(a), by clearing and grubbing and preparing the land for cultivation; and

(b) by fencing all or any of the allotments and making roads and executing any other works, including the provision of drainage, which in the opinion of the council may be more economically and efficiently executed for the land as a whole.

( 2 )

(2) The council shall apportion the total cost of each area of land subdivided by it under this Part , and of any adaptation thereof among' the several small holding's into which the land is subdivided in such manner as seems to it to be just.

514K. The council may also, if it thinks lit, erect on any allotment a dwelling and/or such other buildings as it may consider necessary for the adaptation of the property for the purpose of a small holding, or may make such adaptation of existing buildings as it may consider necessary for such purpose.

DIVISION 3.—Sale or lease of land for small holdings.
514P. (1) Subject to the other provisions of this
Par t the council shall have power to sell or lease to

any person any land acquired or made available by

it as aforesaid as a small holding.

(2) The provisions of Division 3 of Par t XXIV of this Act respecting the sale or leasing of land shall not apply to the sale or lease of the land under this Part .

(3) (a) In the case of a sale of any land under this Par t the council may sell on such extended terms of payment and may fix such rates of interest to be paid on the amount of the purchase money out­ standing as it thinks fit.

(b) In any such case the amount of

the purchase money outstanding shall be secured by

council.

a charge on the small holding in favour of the

(4) The council may, if it thinks fit, postpone for a term not exceeding five years, the payment of all or any part of the instalments of principal and interest of the purchase money of a small holding in consideration of the making by the purchaser of im­ provements which, in the opinion of the council, will increase the value of the holding, but shall do so only on such terms as will in its opinion prevent it from incurring any loss.

(5)

(5) A small holding may be sold subject to such rights of way or other rights as the council may consider necessary or expedient.

514G. (1) Before exercising any of the powers conferred by section 514B of this Act, the council shall publish an advertisement in a newspaper of its intention to provide small holdings within its area, and shall in such advertisement invite all persons who may desire to be considered as applicants for such holdings if the council provides them, to apply to the council upon the prescribed form to have their names recorded as applicants.

(2) The council shall cause the names of all such applicants, together with such particulars con­ cerning such applicants as may be prescribed, to be entered in a book to be called the "Register of Applicants for Small Holdings."

514H. (1) Before the council sells or leases any land for a small holding it shall consider the charac­ ter, circumstances, and capacity of all the persons whose names appear on the register of applicants for small holdings, and shall offer the land for sale or lease to such one of them (if any) as appears to it to he m u s t capable of profitably cultivating the land.

(2) If the council is of opinion that none of
the applicants whose names appear on the register

of applicants for small holdings are capable of profit­

lease as a small holding, it shall not be obligatory ably cultivating the land which it proposes to sell or

upon it to offer such land to any of such applicants,
and it may invite fresh applications by advertise­
ment in a newspaper.

The provisions of section 514G and of subsection one of this section shall, mutatis mutandis, apply to the persons making application in response to such advertisement and with respect to the applications received and thj consideration by the council of the applications.

(3)

(3) The council shall not sell or lease under this Par t more than one small holding to any one person:

Provided that the council shall have power to sell or lease one or more than one small holding to a number of persons working on a co-operative system, provided such system is approved by the council, or to sell or lease one or more small holdings to any association of persons formed for the purpose of creating or promoting the creation of small holdings or for the relief of unemployment and so constitu­ ted that the division of profits among the members of the association is prohibited or limited.
514i. (1) A small holding sold by the council shall for a term of twenty years from the date of the sale and thereafter for so long as any part of the pur­ chase money remains unpaid be held subject to the following conditions:—

(a)	any payment due to the council in respect thereof shall be duly made;
(b)	the holding shall not be subdivided, sold, mortgaged, assigned, let, or sublet without the consent of the council;
(c)	the holding shall be cultivated by the owner or occupier himself as the case may be or by a member or members of his family upon his

behalf, and shall not be used for any purpose

other than agriculture;

(d) not more than one dwelling-house shall be

erected on the holding unless in the opinion of

the council additional accommodation is re­

quired for the proper cultivation of the holding;
(e)	such other conditions as the council may con­ sider necessary or expedient for the purposes of this Part (including a condition, if the council so decides, that the holding shall be cultivated in an efficient manner in accordance with the best rules of husbandry as practised in the neighbourhood), or as may be prescribed.

( 2 )

(2) If any of such conditions is broken, the council may, after giving the owner an opportunity of remedying the breach (if it is capable of remedy), either take possession of the holding or order the sale of the holding without taking possession.

(3) (a) In the event of the death or declared lunacy of the owner while the holding is subject to conditions, such conditions may be performed by the representatives of the deceased owner either per­ sonally or by an agent approved by the council.

(b) If, on the decease of the owner while the holding is subject to the conditions imposed by or under this section, the holding would, by reason of any devise, bequest, intestacy, or otherwise, become subdivided, the council may require the holding to be sold within twelve months after such decease to some one person, subject to the conditions attaching thereto, and if default is made in so selling the hold­ ing, the council may either take possession of the holding or order the sale of the holding without taking possession.

(4) A small holding leased by the council

shall be held subject to the conditions on which it would under this section be held if it were sold, except so far as those conditions relate to the purchase money and to repairs and insurance against fire; and, if any such condition or any term of the letting

is broken, the council may, after giving the tenant an opportunity of remedying the breach (if it is capable

of remedy), determine the tenancy.

514J. Where the council is entitled under this Act to take possession of a small holding, possession may be recovered (whatever may be the value of the holding) by or on behalf of the council either under Par t I I I or Par t IV of the Landlord and Tenant Act, 1899, as in the cases therein provided for, and in either case may be recovered as if the council were the landlord and the owner of the holding were the tenant.

Division

DIVISION 4.—Miscellaneous.

514K. (1) The council may provide tools, agri­ cultural implements, appliances, equipment and/or live stock to any person in occupation of a small holding under this Part upon such conditions of purchase or hire as it sees lit.

(2) The council may provide any person in occupation of a small holding under this Part with seed, seedlings, plants and Hie like, and with material for building or fencing, and with wire netting or manures, upon such conditions of purchase as it sees fit.

514L. The council may on a small holding under­ take the work of ploughing and other work of culti­ vation I'm- the owner or lessee upon such terms and conditions as it sees fit.

514M. (1) The council may, whether it is provid­ ing land for small holdings or not, erect buildings and provide plant and equipment for the treatment, preservation and preparation for sale and/or marketing of agricultural products, and may under­ take the treatment, preservation and preparation for sale and/or marketing of agricultural products.

(2) The council may sell or lease such build­ ings, plant and equipment upon such terms and conditions as it sees fit to any co-operative associa­ tion comprised of persons engaged in agriculture in the area, provided the rules of such association are approved by the council, or to any association	of persons formed for the purpose of promoting
settlement and so constituted that a division of
profits among the members of the association is prohibited or limited.

DIVISION 5.—Ordinances.

514x. Ordinances may be made for carrying this Par t into effect and in particular for and with respect to—

(a) the form and contents of applications for small holdings;

(b)

(b)	the form of and particulars to be entered in the register of applicants for small holdings;
(c)	the form and contents of contracts of sale or lease by the council of small holdings;
(d)	the regulation of the sale or lease of small holdings and of the sale or hiring of tools,, agricultural implements, appliances, equip­ ment and/or live stock, and the sale of seed,, seedlings, plants and the like, or of material for building or fencing, and of wire netting and manures, to persons in occupation of small holdings;
(e)	the prevention of the giving of undue prefer­ ence in the selling or leasing of small holdings.

3 . The Principal Act is further amended by inserting

next after section six hundred and three the following
new section:—

603A. Where an application is made to the Public Trustee for the sale of any land under this Part , and the Public Trustee after obtaining a valuation of the land from the Valuer-General is reasonably of opinion that the proceeds of the sale thereof would not exceed the total of the fees and expenses of the Public Trustee and the rates or charges due to the council, he may convey or transfer such land to the council, and thereupon such land shall become vested in the council as if the transaction were a sale under

this Part .

4 . The Principal Act is further amended by inserting in section three after the words and figures " P a r t X X I I I .

—Miscellaneous Powers—ss. 476-514" the following words and figures: " P a r t XXI I IA .—Smal l Holdings—- ss. 514A-514X."

MEAT