Returned Soldiers Settlement Act 1916 (NSW)
Returned Soldiers Settlement Act.
l^KTURNKD SOLDIEKS
SETTJJEAIKNT A( T.
Act No. 21, 191G.
George V, An Act to make provision for the settlement of
returned soldiers on Crown lands or lands acquired under the Closer Settlement Acts ; to amend the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts, the Murrumbidgee Irrigation Act, 1910, and the Irrigation Act, 1912 ; and for purposes conse quent thereon or incidental thereto. [Assented to, 19th April, 1910.]
T > E it enacted hy (he King's ]Most Excellent Majesty, Jh ) by and with tlie advice and consent of tlie Legis lative Council and Legislative Assembly of Xew South Wales in Parliament assembled, and by the authority of the same, as follows :—
| Short title. | 1. This Act may be cited as the | Pieturned Soldiers |
Settlement Act, 1910/’
In te r
| pretation of | 2. In this Act the term “ discharged soldier” means |
| term.s. | any jierson who— |
| (a) | has been a member of the Australian Imperial Eorccs, or of any other naval or military force raised in the Commonwealth of Australia by the Minister of Defence for service in the war in which Ilis Majesty is at present engaged, or, though a resident of the Commonwealth, has joined the naval or military force of Great Britain during the said war ; and |
| (h) | has served outside the Commonwealth in connection with the said war; and |
(c)
Returned Soldiers Settlement Act.
| (e) | lias returned to this State, and has received Ids George V, | |
|
O
his return to this State :
Provid('d that the above definition shall not inchidi' any person ■whose discharge from service was due to misconduct or incajiaeity resulting from his own default.
1,'nless the context necessarily r('([uires a dilferent meaning, expressions didined in the Crown Jjands Con solidation Act, till' Closer Settlement Acts or the [rrigation Act, i'.il’J, shall hear the same meaning in this Act.
| S m e t A L | S e IT L E^ I KXTS | FOR O c C U r A T I O N | l!V D lS C l l A R G ED |
| So ld ier s . |
Orduumj lejiurcfi.
| 3 , | The ^Minister may, l>y notilicatiou in the Gazette, An,., may i,c |
s('l apart any ariai of Cron ii land or of land acijuired ment Acts to discharged soldiers exclusively.
under the Closer Seltlenn'iit Acts or llii' lUniaaimhidgee ais haim a
Irrigation Act, 11)10, to he disiiosed of umh'r tin' Crown
| Anv notification under this section mav hv a like | *. | t | K |
not ideation be amended or revoked.
| Specie I | I enures. |
4. (1) In addition to the porvers eoidVrred by the spa lai piuvi-
la:d ])reeeding section the ^Minister may, hy L o t i t l e a - 1''
lion ill the Gazetti', set ajiart any area of Crown land or'iin aO
of land acquired iiuder the Closer Si'ttlement A ds or“''''‘"''
the II iirrumhidgee Irrigation Act, 1010, to he disposed
of by way of sale or hriso to discharged soldiers in tin;
maiiiK'r hereinafter provided.
(il) Aliy iiotiiieatioir nnder this section may hy a liki' notification he amended or levokcd.
(3) The land so set apart shall hi' subdivided into
sneh blocks, and disjioscd of at such ])riecs, capital
valiK's, rents, or chargi's for watei", and subject to such
conditions as the Minister or—in the ease of holdings within an irrigation area—the AVTxter Conservation and IrrL ' lion Commission mav determine.
Returned Soldiers Settlement Act.
| George V, | (4) Any cliscliarged soldier who desires to become an applicant for land set apart nnder this or the next precedin" section must first register his name and make a declaration on a form to he prescribed with a view to obtaining the necessary qualification certificate entitling him to apply for land. |
No. 21.
(5) The Minister may appoint a classification committee the members of which shall not exceed three in number.
This committee shall investigate' the qualifications of each dischara’ed soldier who has registered his name as aforesaid, and if satisfied that he possesses the necessary qualifications it shall issue a certificate to that etfect on a form to he ])rescribed.
| (0) | On and after the date notified for such purpose |
a discharged soldier who has received a qualification certificate from the classification committee may apply in the prescrilx'd form and manner for any block notified as available. The a])plication shall he accom panied by the qualification certificate, or a copy thereof.
| (7) | All ap])lications shall he dealt with by the local |
land hoard, which shall confirm or disallow an appli cation unless it permits its withdrawal, or, in the case of holdings within an irrigation area, shall report to the Water Conservation and Irrigation Commission, which shall grant or refuse the a])})lication, and the hoard shall as far as practicable assist applicants in acquiring blocks suitable to their experience, capital, and physical fitness.
| (S) | The Minister may direct any | local land |
board to deal Avith any matter, question, or inquiry that has arisen or shall arise Avithout regard to the land hoard district or land district in Avhich the land forming the subject of such matter, question, or inquiry may be situated. And the said local land board sball haA'c as full poAV('r and jurisdiction to deal with the matter as if the land aforesaid Avere situated Avithin such board’s proper land hoard district or land district.
(9) Excc])t as may be otberwise provided by tbis Act, or by regulation umh'r this Act, the provisions of the CroAvn Lands Consolid:ition Act, 1913, the Closer Settlement Acts, the Irrigation Act, 1912, or of any
other
Returned Soldiers Settlement Act.
otlier Act relating to tlu' adiniiiistration of Crown land, George V,
| or land acqnired under the Closer Settlement Acts, or | No. 21. |
| the MuiTumhidgee Irrigation Act, 1910, shall not apply to lands disposed ol‘ under this section. |
| A | ppcal. |
5. There shall he no appeal to the Land Ap|)eal Court I'roin tlu' decision of the local land hoard or the Water Conservation and Irrigation Commission dealing with applications under this Act : Provided that the Minister may, within taventy-idglit days after the decision of the local land hoard or tin? Water Conservation and Irrigation Commission has hcen given, reh-r such decision for (h'termination to the Land Appeal Court, and in such cases tlu' decision of the Land Appeal Court shall he final.
AegnldUons.
6 . (1) The Governor may make' regnlatioiis pro-Apical,
scrihing—
| (a) | the manner, form, and conditions in and nnder which applications for any holdings uiuh'r this Act may lx; made;; |
| (h) | with respect to any land, whether it shall he disposed of hy way of sale or hy way of haise ; |
| (c) | in the case of land to he disposed of hy A\ay of sale, the tinans and conditions of such sale, including conditions relating to the payment of the purchase money ; |
| (d) | in the case of lands to be disposed of hy way of nogui.itions. lease, the conditions of such leasip including provisions as to— |
(i) the form or forms of leases ;
(ii) the term or terms for which leases may he granted ;
(iii) the acquisition of the fee-simple hy lessees;
(iv) improvements to he cffectc'd hy lessees ;
(v) residence of lessees on the land;
(vi) the method of computing the rent and charges for Avater to be paid hy lessees and the due dates for payment of such rent and charges for Avater ; and
(vii) the transfer, surrender, and forfeiture of
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90 Returned Soldiers Settlement Act.
| George V, | (e) Hic application of any of tlic provisions of tlic CroAvn Lands Consolidation Act, 1913, the Closer Settlement Acts, the Irrigation Act, 1912„ or of any other Act relating to the administration of Crown land or land acquired under the Closer Settlement Acts or the jVlnrrumbidgec Irrigation Act, 1910, to lands disposed of under section four,^hcreof; |
No. 21.
| (f) | such other matters as in the opinion of the Governor may he necessary or expedient for the purpose of giving full cifect to the provisions of this Act. |
(2) Such regnlatioiis shall—
(i) he published in the Gazette ;
(ii) take effect from the date of publication, or from a later date to he specified in such regulations ; and
(iii) 1)3 laid liefore both Uoiiscs of Parliament within fourteen days after publication if I ’arliament is in session, and, if not, then within fourteen days after the commence ment of the next session. If either House of Parliament passes a resolution at any time within fifteen sitting days after sucli rcgulatimis have been laid before such House disallowing any regulation, such regulation shall therefrom cease to have elfcct.
Financud and other assistance to settlers nnder this Act.
7. (I) In considering applications under this Act the
Jkh respecr local land 1)0 .11x1 shall, take into consideration, either
with or Avithoiit special application, the advisability of
| inirciiase’of | assisting applicants with respect to any of the following |
| stock, &c. | matters :— |
| (a) | The clearing, fencing, draining, water supply, and general improvement of land disjiosed of under this A c t; | |
| (b) | tbe erection of buildings on any such land ; and | |
| (c) | the purchase of implements, stock, seeds, plants, trees, and such other things as may be deemed necessary to satisfactorily occupy and | |
|
| Returned Soldiers Settlement Act. | DT |
(2 ) Tf ill tlio opinion of the local land hoai'd it is George V,
| advisable tliat assistance should be given to the ajiplicant | 21- |
| ■with respect to any or all of the foregoing matters, it sl'.all make a recommendation to tliat clTect to the Minister, or in the case of holdings u ithin an irrigation area to the AVater Conservation and Irrigation Com mission, and shall s('t ont in its recommendation the nature and cxtimt of the assistance recommended and the grounds of the recommendation. On rcceijit of any such rccommendaticn the Afinister or the AVater Conservation and Irrigation Commission, as the case may Ix', may take such action thereon as he or it thinks tit in aecordance -with the regulations under this Act. |
( ' , ]) All moneys advanci'd nr e.vpendcd hy the
i\i inistcr, or the AA’atcr Conservation and Irrigation
Commission, as tlu' casi' may he, under the authority of
| this section in res[)('ct of any land shall hear interest at | • |
| such rate as may he determined liy the AIinist(>r or the AVater Conservation and Irrigation Commission, and sliall he secured hy way of a iirst mortgagi' oviu the said land and any improvements thereon or ov(‘r the settlers’ interest in the said land and improvements ; | |
| Provided tliat tlu' Alinister or the AVater Conservation and Irrigation Commission may, in any case of hardship dispense, either wholly or in part, with the payment of interest umh'r this section. |
| 8 . The ^Minister or, in the case o f a h o l d i n g ’w i t h i n | of |
an irrigation ari'a, the AVater (Conservation and Irrigation'’"'" jieriod or periods as lu' or it, thinks lit, any ri'nt or charges for water payable hy a discharged soldier under a lease issued pursuant to this Act or may postpone the payment of any such rent or chargi^s for Avatcr, and may likewise postpone the payment of any instalment of the purchase inoiu'y. Any sums which shall hecome due for instalnu'uts or rents or charges for water, and remain unpaid for a period of six months after the due tlato shall, from such date, he liable to interest at a rat(' not ('xcci'ding live per centum per annum : Provided that where the ^Minister or the AVater Conservation and Irrigation Commission is satisfied that tlu'circumstances warrant it he or it may remit such interest avliolly or in part; and may extend the time for payment of all or
| any part of the sums due. | . |
| u | 9. |
98 Returned Soldiers Settlement Act.
| George V, | 9. (1) All moneys required for advances or expen |
| No. 21. | diture under this Act sliall be paid out of the moneys |
| Expenses of | provided hy Parliament for such purposes. |
| administra | |
| tion. | (2) The Minister or the Water Conservation and Irrigation Commission may expend moneys in effecting improvements on or otherwise preparing blocks of land prior to tludr being set apart for application by dis- cliargcd soldiers, and the moneys so expended shall bear interest at the rate and be secured in T,lie manner pro vided liy subsection three of section seven of this Act, unless it be otherwise provided in tlie notification setting apart the land. |
| (3) All moneys accruing from the sale or leasing of lands under this Act shall be disposed of as if they had accrued from the sale or leasing of Crown land under the Crown Lands Consolidation Act, 1913, or of land acquired under the Closer Settlement Acts, or the Murrumbidgee Irrigation Act, 1910, as the case may require. | |
| Restriction | 1 0 . Land leased or sold to a diseliarged soldier vmder this Act sliall not be capable of being transferred or otherwise dealt with, unless the Minister’s or, in the case of a holding withinmn irrigation area, the ITater Con servation and Irrigation Commission’s consent thereto has been obtained; and except whore the Minister or such commission is satified that the settler is compelled by sickness of himself or family, financial difficulties or incapacity or other adverse circumstances, to leave his holding, it shall not be transferable—except by way of mortgage—until the expiry of five years from the date of the commencement of the lease or purchase. |
| on rigiit of | |
| transfer. |
| Annual | 1 1 . (1) The Minister shall, as early as practicable |
| report. | after the end of each financial year, cause to be prepared a report showing for the previous financial year—^ |
(a) the aggregate areas of land set apart under this
| ■ | A ct; |
| (b) | the number of apj)lications received for such land, and the number of blocks and the aggregate area allotted ; |
| (e) | the amount expended in assisting settlers undei this A ct; and |
(d) such other particulars as arc jorcscribcd.
(2)
| Irrigation (Amendment) Act. | !)9 |
(9) Ev( ' ry siieli report sliall lie la.id before G jorge V,
PnrliamiMit Avithin tliirty (lavs after tlie rc'ceijit tliercof -'’3. 21.
by the ^Minister, if Parliament is then in si'ssion, and if
?K)t, then w itbiii tliiriy days after tlii' cmnmenccnK'nt
of the jiext (Misuiny session.
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