Prickly-pear (Amendment) Act 1934 (NSW)
PRICKLY-PEAR (AMENDMENT)
ACT.
Act No. 34, 1934.
An Act to make further provision for the eradica tion of prickly-pear; to validate certain actions; to amend the Prickly-pear Acts, 1924-1930, and certain other Acts; and for purposes connected therewith. [Assented to, 14th November, 1934.]
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of t he Legis
Wales in Par l iament assembled, and by the author i ty of the same, as follows :—
1. (1) This Act m a y be cited as the " Pr ickly-pear (Amendment) Act, 1934," and shall be read and con s t rued with the Pr ickly-pear Acts , 1924-1930, as amended by subsequent Acts .
(2) The Pr ickly-pear Acts, 1924-1930, as so
amended, a re in this Act re fer red to as the Pr inc ipa l Act.
(b) by inserting in subsection two of the same section af ter the words " in respect of the holding " the words " or any Crown improvement thereon " ;
(c)
(3) The Pr inc ipa l Act as amended by this Act may be cited as the Pr ickly-pear Acts , 1924-1934.
2 . The Pr inc ipa l Act is amended—
(a)
by omitting from subsection one of section fifteen the words and figure " sections four and
4 A of " and by inser t ing in lieu thereof the
words ' ' the Closer Set t lement Acts or " ;
(c) (i) by inser t ing in subsection (3A ) of the same section after the word " holding " the fol lowing words:—-
" or any Crown improvement thereon.
I t shall be lawful for the Minister to require the local land board to determine the price or capital value of the land compris ing a holding in respect of which the price or capi tal value has not been notified or determined, and the local land board shall determine the price or capi tal value accordingly ."
(ii) by inserting in the same subsection after the words " any land " the words " or Crown improvement thereon " ;
(d)
by inserting in subsection five of the same section af ter the words " shall not " the words " except with the consent of the Minis ter " ;
(e)
by omitting subsection six of the same section and by inser t ing in lieu thereof the following
new subsect ion:—
(G) This section shall not apply to l ands—
(a)
which are classified within Class I un less the Minister , af ter r epor t by the Commissioner, is satisfied tha t the land, a t the commencement of this Act, was infested with pear , and tha t the to ta l amount expended after such commence m e n t other than amounts expended by the Crown in effectively des t roying
such pea r was not less than one shilling
pe r a c r e ; or (b)
which are classified within Class II un less the Minister , af ter r epor t by the Commissioner, is satisfied t ha t the total amount expended other than amounts expended by the Crown since the commencement of this Act, together with any amount required to be ex pended in effectively des t roying the pea r is not less than one shilling pe r acre .
(f)
(f)
by inserting at the end of the same section the following new subsection:—
(7) The provisions of subsection one of this section shall extend to a holder of a lease under this Act, provided tha t—
(a)
where such lease was granted before the commencement of the Pr ickly-pear (Amendment ) Act, 1934, the notice re fe r red to in the said subsection shall not be given before the expira t ion of ten yea r s af ter such commencement; or
(b)
where such lease is granted after such commencement the said notice shall not be given before the expira t ion of ten yea r s af ter the da te of the g ran t ing of the lease.
3 . The Pr inc ipa l Act is fur ther amended— (a) (i) by omit t ing from p a r a g r a p h (c) of sub section th ree of section sixteen the words " ten yea r s " and by inser t ing in lieu
thereof the words " t w e n t y y e a r s ; a n d " (ii) by inserting at the end of the same sub
section the following new p a r a g r a p h s :—
(d)
that the capital value of any improvements on the land shall be paid to the Crown; and
(e)
that payment of survey fee shall be made in accordance with the scale prescr ibed by regulat ion under the Crown Lands
Consolidation Act, 1913; and
(f)
that the capital value of the improvements and the survey fee shall be pa id in the manner and within the t ime specified in
the agreement .
(b) by inserting next after subsection four of the same section the following new subsect ions:— (4A ) The Minis ter may upon the recommenda tion of the Commissioner permi t an ass ignment in the prescr ibed form and manner , and upon payment of the prescr ibed fee of any pe r son ' s in te res t s under an agreement made in accord ance with this section.
(4B)
(4B) The Minister may upon the recommenda tion of the Commissioner and with the approva l of the Governor v a r y or extend the provisions of any agreement subject to the limits prescr ibed by the foregoing provisions of this section,
(c) by inserting in subsection five of the same sec tion af ter the words " survey fee " the words
" capital value of i m p r o v e m e n t s . "
The Pr inc ipa l Act is fur ther amended—
(a) (i) by omit t ing from section seventeen the words " and the conditions which will apply to the l e a se , " and by inser t ing in lieu thereof the words " the value of the improvements thereon, the conditions which will apply to the lease, and the da te on or after which the land will become available " ;
(ii) by inserting in the same section after the word " notified " the following words:—
" A notification under this section shall have the effect of revoking any reserves or pa r t s of reserves within the boundar ies of the land set apa r t , unless the con t ra ry is express ly declared by the notification. Such revocation shall take immediate effect on the expira t ion of the day next preceding the d a y upon which the land becomes available in pursuance of the notification.
A notification which will effect the revo
cation of any reserve for mining or mining
purposes or any t imber reserve shall not bemining or mining purposes the consent published unless in the case of a reserve for thereto of the Secre ta ry for Mines or in the case of a t imber reserve of the Minis ter adminis te r ing the F o r e s t r y Act, 1916, or any Act amending or replacing the same has been obtained.
A notification under this section shall also have the effect of revoking any previous notification in respect of the same land unless the cont ra ry is expressly declared by
the la ter notif icat ion."
(iii)
(iii) by omitting from the same section the words " the ren t shall include a ren t for the use of such improvements ' ' and by inser t ing in lieu thereof the words " the lessee shall pay the value of the improvements as specified in the notification published in pursuance of th i s section, and payment shall be made within three months af ter the commence ment of the lease, or, a t the option of the lessee, by equal annual ins ta lments within the period specified in such notification, to gether with in teres t at the r a t e of four per
centum per a n n u m : Prov ided tha t the lessee may with the con sent of the Minis ter pay such annual renta l value as the Minis ter may determine for the use of such improvements .
The lease shall be liable to be forfeited—
(a) if default is made in any payment, when clue, in respect of such improve
ments , or (b) if the said improvements are not mainta ined in a reasonably good con dit ion dur ing the currency of the lease in any case where the annual ren ta l value is payable by the l e s see . " (iv) by inserting in the same section after the words " pe r annum " the following new p a r a g r a p h : —
The Minister may refer any applicat ions
for a lease of any a r ea the subject of a noti fication unde r this section to the local land board for inquiry and r epo r t as to the mer i t s of such applicat ions, and the local l and board shall inquire and r e p o r t to the
Minis ter accordingly. (b) (i) by omit t ing from subsection two of section twenty the words " not exceeeding in a rea one acre " ;
(ii) by inserting at the end of the same subsec tion the words " Upon such wi thdrawal the
ren t
ren t for the succeeding yea r s of the lease shall be reduced in p ropor t ion to the a rea
wi thdrawn ' ' ; (iii) by inserting in subsection three of the same section af ter the word " ass igned " the words and parentheses " ( e x c e p t by way of
mortgage or discharge of m o r t g a g e ) " ; (iv) by inserting next after the same subsection the following new subsection:—
(3A ) A t ransfer of a lease g ran ted unde r this Act or the Act hereby repealed shall be made in the prescr ibed form and m a n n e r ; and regis t ra t ion thereof shall be subject to payment of such fee as is prescr ibed.
(v) by inserting in subsection four of the same section af ter the word " defined " the words " where necessary " ;
(vi) by omitting from the same subsection the words " The cost of survey " and by inser t ing in lieu thereof the words and figures " A survey fee in accordance with the scale p re scribed by regulat ion under the Crown Lands Consolidation Act, 1913 " ;
(vii) by omitting from the same subsection the word ' ' prescr ibed ' ' and by inser t ing in lieu thereof the words " of four pe r centum per
annum " ; (viii) by omitting from subsection five of the same
section the words " twen ty -one y e a r s " and
by inser t ing in lieu thereof the words
" s ix t een years . Any person between the ages of sixteen and twenty-one years who, being the holder of a lease under this Act enters into any agreement , ei ther personal ly or by an agent, for or in relat ion to the perform ance of any work or render ing of any ser vices on such lease or in relat ion there to or to the loan of money whether secured on such lease or otherwise, or the sale or pur chase of goods and chattels of any descrip tion whatsoever , or who in like manner
mor tgages
mortgages or t r ans fe r s by way of m o r t g a g e such lease, or enters into any agreement connected with the occupation, management or general purpose of such lease—not being in violation of the provis ions of th is Act—shall be subject to the same liabilities and have the same r igh t s in respect of such agreement , mor tgage or t r ans fe r as if h e were of the full age of twenty-one y e a r s : Provided , however, t ha t no mor tgage or t rans fe r by way of mor tgage by any such person shall be valid unless the consent in wr i t ing of the Public Trus tee thereto h a s been first obtained. Applicat ion for such consent shall be made as prescribed.
Any such person may be sued for a n y
moneys due to the Crown or to any otherperson as if he were of the full age of
twenty-one y e a r s . " (ix) by inserting next after subsection five of the same section the following new subsec tions :—
(6) Upon the expira t ion of the t e rm of any lease g ran ted under this Act or the Act hereby repealed, the land formerly held under such lease shall be deemed to be reserved from sale or lease (other than annual lease) under any Act unt i l o therwise notified in the Gazette.
Upon the forfei ture, sur render , or expira
tion of the t e rm of any such lease s i tuated wholly o r in p a r t within the external boun dar ies of any occupation license, the l ands therein or so much thereof as a re within the ex terna l boundar ies of the license shall bo added to the land under such l icense; and in any such case the license fee payable for such lands so added if un improved shall be a t the same ra t e pe r acre as for the res t of the land held under l icense; and for any land which contains improvements the license fee shall be determined by the local land board.
(7)
(7) Upon the expirat ion by effluxion of time of the te rm of any lease g ran ted under this Act or the Act hereby repealed the last holder thereof shall have t enan t r ight in improvements effected, or pa id for by him or his predecessors in title.
Such tenant r ight shall have the same effect as is expressed in the Crown Lands Consolidation Act, 1913, in respect of tenant r ight in improvements accrued or granted under tha t Act.
5. The Pr incipal Act is fur ther amended—
(a) (i) by inser t ing at the end of subsection two of
section eleven the words—
" The notice may be regis tered by the
Commissioner in the regis ter of causes,
wri ts and orders affecting l a n d . " (ii) by inserting in subsection three of the same section after the word " served " the words " and in a case in which the notice is regis te red as aforesaid of every subsequent suc cessor in title th rough or under such owner or occupier ' ' ;
(iii) by omitting from subsection four of the same section the word " an " and by inser t ing in lieu thereof the word " such " ;
(iv) by omitting from the same subsection the word " fails " and by inser t ing in lieu thereof the words " or successor in t i t le
fails con t ra ry to his duty in tha t behalf " ; (v) by omitting from the same subsection the words " upon him " ;
(vi) by inserting next after the same subsection the following new subsection:—
(5) The Commissioner may in like manne r correct, amend, modify, or cancel any notice served in accordance with this section and may regis ter in the aforesaid regis ter the notice effecting the correction, amendment , modification, or cancellation.
(b)
(b) (i) by inser t ing in subsection one of section twelve af ter the word " s e r v e d " the words " o r any successor in title to such owner or occ up i e r " ;
(ii) by inserting in subsection two of the same section before the word " o w n e r " the words " p e r s o n who a t the da te of eradicat ion of the prickly-pear from the land is t h e " ;
(iii) by inserting in the same subsection after the word " r e p a i d , " where secondly occurring, the words " o r unti l recovered, such costs and expenses together with in teres t thereon
at the ra te p r e s c r i b e d " ;
(c) (i) by inser t ing in p a r a g r a p h (a) of section th i r teen af ter the word " appliances " the
words " or services " ;(ii) by inserting at the end of the same section the following new subsection:—
(2) The Minister may upon the recom mendat ion of the Commissioner extend or v a r y the t e rms of any agreement in any respect subject to the l imits prescr ibed by the foregoing provisions of this section.
6. The Pr inc ipa l Act is fur ther amended—
(a) (i) by omit t ing from subsection two of section
twenty-two the word " l e a s e , " whereveroccurring, and by inser t ing in lieu thereof
the word " h o l d i n g " ; (ii) by omitting from the same subsection the
word " l e s s e e " and by inser t ing in lieu
thereof the word " h o l d e r " ; (iii) by omitting from the same subsection the
words " C r o w n Lands A c t s " and by in ser t ing in lieu thereof the words and figures " C r o w n Lands Consolidation Act, 1913, the Closer Set t lement Acts, and the Re tu rned
Soldiers Set t lement Act, 1 9 1 6 " ; (iv) by inserting in subsection three of the same section after the word " l e s s e e " the words " o r holder re fe r red to in subsection one
and subsection two hereof r e spec t i ve l y" : (v) by omitting from the same subsection the
words " t h e l e a s e " ; (vi)
(vi) by inserting next after the same subsection the following new subsection:—
(3A ) Where a lease g ran ted under this Act or the Act hereby repealed becomes liable to forfei ture for non-payment of rent , or other moneys due to the Crown, the provis ions of subsection three of this section shall not apply.
(vii) by inserting in subsection four of the same section after the word " l e a s e " the words and paren theses " ( o t h e r t han annual l e a s e ) " ;
(viii) by inserting after the same subsection the following new subsection :—
(5) The Minis ter may by notice published in the Gazette reverse any such forfei ture upon such conditions as he may deem desir able. Such reversa l shall re la te back to the da te when the forfei ture was notified and the forfei ture so reversed shall for all pur poses be deemed never to have been notified.
7. The Pr inc ipa l Act is fur ther amended—
(a) by inser t ing in subpa rag raph (h) of section
seven af ter the word " o p e r a t i o n s " the words
" o n Crown land and p r iva te l a n d " ;
(b) by inserting next after section seven the fol lowing new section:— 7A . The Commissioner and any other pre scribed person shall have power on behalf of
the Minister to deal wi th such classes of ma t te r s a r i s ing under this Act or the regula t ions as may from time to t ime be prescribed.
The Pr inc ipa l Act is fur ther amended by omit t ing
from subsection two of section twenty-six the words
| " | D u r i n g | a per iod | of five | y e a r s . " |
(1) The Pr inc ipa l Act is fur ther amended—
(a)
by omitting from the short heading to section six the words " Pr ickly-pear zones " ;
(b) by omit t ing subsection one of the same sect ion;
(c)
(c) (i) by omit t ing from subsection two of the same section the "words " as soon as pract icable af ter any such notification is published in the Gazette and " ;
(ii) by omitting from the same subsection the words " thereaf ter as prescr ibed " ;
(iii) by omitting from the same subsection the words " the lands s i tuated within the zone " and by inser t ing in lieu thereof the words " lands infested with pr ickly-pear " ;
(d) by omitting subsections five, six and seven of the same section.
(2) Any declarat ion made by the Governor in pursuance of subsection one of section six of the Pr inc ipa l Act and which has not been revoked pr io r to the com mencement of this Act is hereby revoked.
10. The P r inc ipa l Act is fur ther amended— (a) (i) by omit t ing from subsection two of section one the word " Act " where secondly occur r i n g ;
(ii) by omitting from subsection four of the same section the figures " 13 " and by inser t ing in lieu thereof the figures " 15 " ;
(iii) by omitting from the same subsection the
words and figures " Division 2 .—Private lands within a pr ickly-pear zone—ss. 14,
15 " ; (iv) by omitting from the same subsection the word and figure " Division 3 " and by
inser t ing in lieu thereof the word and figure
" Division 2"; (v) by omitting from the same subsection the word and figure " 'Division 4 " and by in ser t ing in lieu thereof the word and figure
"Div i s ion 3 " ; (b)
by inserting in the definition of owner in section th ree af ter the word " v e s t e d " the words " o r the person who is enti t led to receive or is in receipt of or if the land was let to a t enan t would be enti t led to receive the r en t s and profits there f rom whether as beneficial owner, life t enan t ,
t rus tee or o t h e r w i s e " ; (c)
(c)
by omitting from section seven wherever occur r ing the words " w i t h i n a pr ickly-pear z o n e " and by inser t ing in lieu thereof the words
" in fes t ed with p r i c k l y - p e a r " ; (d) by inserting in section nine after the word
" b e h a l f " the words " t o clear a n d " ;
(e) by omit t ing section t en ;
(f) (i) by omit t ing from section 12A the words " give and take fence " where secondly occurr ing and by inser t ing in lieu thereof the words " fence or any fence used as a common boundary fence ' ' ;
(ii) by omitting from the same section the word " f e n c e " where last ly occurr ing and by inser t ing in lieu thereof the words " o f a h o l d i n g " ;
(g) by inserting at the end of section 13A the words " a n d for the purposes of section sixteen of this Act the land refer red to in such section to the extent of such waiver or remission shall be deemed to have been freed from pea r without any cost to the Crown " ; (h) by omitting the heading to Division 2 of Part III;
(i) (i) by inser t ing in subsection one of section fourteen before the word " l a n d " where secondly occurr ing the words "who le or
p a r t of t h e " ; (ii) by omitting from the same subsection the
words " o w n e r o r " ;
(j) by omitting from subsection one of section fifteen the words " w i t h i n or pa r t l y within a z o n e " and by inser t ing in lieu thereof the words " which is or has been infested with prickly-
p e a r " ;
(10
(k)
by inserting after subsection five of section fifteen the following new subsection:—
(5A ) W h e r e the to ta l amount which has
been app rop r i a t ed to purchase money in respect of any holding taken into considerat ion under the provis ions of this section exceeds the price or value so determined no refund shall be made .
(1) (i) by omit t ing from the heading to Division 3 of P a r t I I I the figure " 3 " and by inser t ing in lieu thereof the figure " 2 " ;
(ii) by omitting from the same heading the words ' ' wi thin a pr ickly-pear zone ' ' ;
(m) by omitting from section seventeen the word3 " within a zone " ; (n) by inserting at the end of section twenty the following new subsection:— (8) To remove doubt it is hereby declared t ha t a lease may be g ran ted to a company.
(o)
by inserting in subsection one of section twenty- one af ter the word " repealed " the words " ei ther as to the whole or p a r t of the lease " ;
(p)
by omitting from the heading to Division 4 of P a r t I I I the figure " 4 " and by inser t ing in lieu thereof the figure " 3 " ;
(q)
by inserting in section twenty-five after the word " r en t s " and within the parentheses , the words " and payments received in respect of improve
ments " ; ( r )
(i) by inserting in section twenty-eight after the
word " person " the words " who sells or offers for sale or " ;
(ii) by inserting in the same section after the word " a n y , " where th i rd ly occurring, the words " ocean, harbour , es tuary , lake,
lagoon " ; (iii) by inserting in the same section before the word " banks " the words " foreshores of any ocean, harbour , es tuary , lake or lagoon or the " ;
(iv) by omitting from the same section the words " by reason of floods or otherwise " ;
(v)
(v) by inserting- in the same section after the word " such " where secondly occurr ing the words " ocean, harbour , es tuary , lake,
lagoon ' ' ;
(s) by inserting at the end of subsection one of section thir ty-four the words " The Governor may also make regula t ions prescr ib ing the applicat ion of any of the provisions of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , to ma t t e r s a r i s ing under the
provis ions of this A c t . "
11 . (1) The action of the Minister in incorpora t ing in leases g ran ted under the Pr inc ipa l Act a condition tha t the lessees shall be liable for payment of survey fee in accordance with the scale prescr ibed by regulat ion under the Crown Lands Consolidation Act, 1913, is hereby validated.
(2) All actions pu rpo r t ed to have been taken by the Minis ter in pursuance of the provis ions of the P r in cipal Act on or after the ninth day of November, one thousand nine hundred and th i r ty , up to and including the th i r teenth day of September, one thousand nine hundred and thirty-one, a re hereby val idated.
12. The Acts mentioned in the Schedule to th is Act a r e to the extent therein indicated hereby repealed.
SCHEDULE.
| No. of Act. | Short title. | Extent of Repeal. |
| 1925, No. 4 | ... | Prickly-pear (Amendment) | Subparagraph | (i) | of |
Act, 1925.
paragraph (a) and paragraph (h) of sec tion two; also para graph (k) of the same section so far as
it amends section seventeen of Act No. 31, 1924.
| 1930, No. 13 ... | Prickly-pear (Amendment) | Subparagraphs (i), (iv), and (v) of paragraph (b), end paragraph (c) of section eight. |
Act, 1930.
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