Returned Soldiers Settlement (Amendment) Act 1919 (NSW)

RETURNED SOLDIERS S E T T L E ­

MENT (AMENDMENT) ACT.

Act No. 51, 1919.

An A c t to make further provision with regard to the

se t t l emen t o f r e tu rned or discharged soldiers

or sai lors ; to dispense with the payment o f
cer ta in fees ; to waive cer ta in payments to the Crown ; to ex t end the t ime for appraise­ m e n t o f capital value and rent , and for

effecting improvements in lieu o f paying ren t

in certain cases ; to provide for the revalua­ t ion o f lands held by re tu rned or discharged soldiers or sailors ; to amend the R e t u r n e d

Soldiers	S e t t l e m e n t	Ac t ,	1 9 1 6 , t he	R e t u r n e d
Soldiers	S e t t l e m e n t	( A m e n d m e n t )	A c t ,	1 9 1 7 ,
the	Crown	Lands	Ac t s , the	Closer S e t t l e m e n t

Ac t s , the I r r iga t ion Ac t , 1 9 1 2 , and cer ta in

o ther Ac t s ; and for purposes consequent ia l

thereon	or inc identa l the re to .	[Assented to ,
2 3 r d	D e c e m b e r ,	1 9 1 9 . ]

Act.
tive Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla­
Wales in Parliament assembled, and by the authority of
the same, as follows :—

1. This Act may be cited as the " Returned Soldiers

Settlement (Amendment) Act, 1919."

In this Act, the Returned Soldiers Settlement Act,

1919, as amended by the Returned Soldiers Settlement
(Amendment) Act, 1917, is referred to as the Principal

2.     The Principal Act is amended as follows :—

(i) Section two, subsection one :—

Before " enlisted " each time it occurs inser t" was appointed as an officer or "

Paragraph (c) : Before " has received his dis­ charge " insert "has had his appointment terminated or "

After " a n d is resident in the Common­ wealth" where secondly occurring insert " o r any person who, having been resident in the Commonwealth, was, while so resident, called up for active service by His Majesty or His

Majesty's allies in the present war, and served

in the naval or military forces of such allies outside the Commonwealth, and had his ap­ pointment terminated or received his discharge and is resident in the Commonwealth. The

Minister may also extend the above definition

to any person wounded or otherwise inca­ pacitated during active service abroad who has returned to the Commonwealth and has not had his appointment terminated or received his discharge, and to any person who has been engaged as a munition worker or who has served abroad in the present war as a nurse or as a war worker."
In the proviso after " se rv i ce" insert " or termination of appointment."

(ii)   Section three: At the end of the first para­

graph insert :—" Minister in this section in the

case of lands within an irrigation area, shall be

read as Minister for Agriculture for the time
being."

(iii)   Section 3A: After "any specified tenure"

insert " other than a holding within an irri­
gation area."

(iv)   Section four, subsection one : At the end of

the subsection add: — "Minister in this subsection in the case of lands within an irrigation area, shall be read as Minister for Agriculture for the time being."

Subsection

Subsection seven : Omit " or, in the case of hold- ings within an irrigation area, shall report to the Water Conservation and Irrigation Com­ mission, which shall grant or refuse the applica- tion."

At the end of the subsection insert:—" Pro­ vided that in the case of lands within an irrigation area such applications shall be deal: with in the manner prescribed, and the granting or refusal of such applications shall
be entirely at the discretion of the Water

Conservation and Irrigation Commission, which
may give preference to any application."

(v)   Section 4B, subsection one : Before " soldiers " insert "discharged."

Subsection s i x : Before " so ld i e r " insert " dis­

charged."

At the end of the subsection add : — I n the
case of the death of a discharged soldier before

the confirmation of the allotment, the Minister may confirm the allotment to the widow or the

legal representative of such discharged soldier."

(vi)   Section In : Omit " abroad" each time it

occurs.

After "conf i rm" insert " or grant."

In paragraphs four and five, after " Minis­
ter," wherever occurring, insert " or in the

case of a holding within an irrigation area, the Water Conservation and Irrigation Commis­

sion."

At the end of the section insert the follow­ ing :—" The Minister may extend the provi­	sions of this section, to any soldier or sailor
on active service who, having been a resident
of the Commonwealth, was, while so resident,
called up for active service by His Majesty or by any of His Majesty's allies.

(vii) Section 4 E :  After " M i n i s t e r " insert " o r

within an irrigation area the Water Conserva­
tion and Irrigation Commission."

(viii)   Section 4F : Omit " abroad" each time it

occurs.

(ix)

(ix)   Section five : Omit " or the "Water Conservation

and Irrigation Commission" where secondly
occurring.

(x)   Section six, subsection one, paragraph (e):

After " Irrigation Act, 1912 , " insert " and any
Act amending the same."

(xi)   Section seven, subsection one, paragraph (a) : After " water supply " insert " grading."

Subsection (2A) : After " Minister," where first occurring, insert " or, in the case of lands within an irrigation area defined in any Act , the Mater Conservation and Irrigation Com­ mission."

Paragraph (a) : After " water supply " insert

" grading."

After subsection (2A) insert the following new subsection:—

(2B) The Minister, or the Water Conservation and Irrigation Commission, may purchase and dispose of stock, implements, and such other things as the Minister or such Commission may deem necessary for the purposes of this Act.

Subsection three : Omit the first paragraph, and

insert the following new paragraphs in lieu
thereof:—

(3) All moneys advanced or expended by the Minister or the Water Conservation and Irrigation Commission, as the case may be, under the authority of this section in respect
of any land shall bear interest at such rate as

may be determined by the Minister or such

Commission. Such moneys shall be secured by one or more of the undermentioned securities—

(a) a first mortgage over the said land and any improvements thereon, or over the interest of the settler in the said land and improvements ;

(b) a stock mortgage ;

(c) a hire purchase agreement;

(d) such other security or securities as the

Minister or the Water Conservation

and Irrigation Commission shall deem

sufficient. The

The following new paragraphs are inserted at the end of the section :—

All such moneys with interest thereon shall he a debt due by the person to whom the advance was made and shall be recoverable and any security for such moneys shall be

enforceable by the Minister or the Water
Conservation and Irrigation Commission in

any court of competent jurisdiction.

Notwithstanding any Act to the contrary,

no fee or charge shall be demanded or paid

for the registration of any security or the
release or discharge of any such security given under this Act or for any affidavit sworn in

verification thereof.

Subsection four : After " Minister " insert " or in the case of lands within an irrigation area as defined in any Act, by the Water Conservation and Irrigation Commission."

(xii)   Section 7A : After "Minister" insert " or, in the ease of lands within an irrigation area as defined in any Act, the Water Conservation and Irrigation Commission."

After " h e " each time it occurs insert " o r the Commission."

At the end of section add : " This section shall also apply to land subject to the Went- worth Irrigation Act, or the Hay Irrigation

Act, 1902, or any Act amending the same in

connection with which land advances have

been made under this Act."

(xiii)   Section ten: After "who is not a discharged soldier" insert " o r engaged on military or naval service with His Majesty's forces, or the

forces of His Majesty's allies, or the widow of a soldier or sailor who died on active service, or

of a discharged soldier."

3. At the end of section 4 F of the same Act add the

following new paragraph :—

" On the death of a soldier or sailor while engaged on active service any condition of residence attach­ ing to any holding (other than a holding within an

irrigation

irrigation area) held by him at the time of his death shall be deemed to have been completed. In the

case of a holding within an irrigation area any
condition of residence shall be waived for a period
of twelve months or for such further period as the

Water Conservation and Irrigation Commission may allow."

4. The following new section is inserted after section

7A of the same A c t : —

7B. I f satisfied that any condition attaching to any holding under this Act has not been or is not being duly complied with, or that reasonably full use of the holding for the purposes for which it is best suited is not being made, or upon default being made in the payment of any instalment of purchase money

or rent or charges for water, for six months after the

due date for payment thereof, the Minister, or, in the case of a holding within an irrigation area, the

Water Conservation and Irrigation Commission, may forfeit such holding and all improvements thereon

as well as all moneys paid in respect thereof, by

notification published in the Gazette :
Provided that the Minister, or, in the case of a holding within an irrigation area, the Water Con­ servation and Irrigation Commission, may waive any forfeiture so incurred if the Minister or such Commission considers the circumstances warrant it, and may attach conditions to such waiver which shall thereupon be deemed to be conditions attach­

ing to the holding.

This section shall also apply to leases under the Wentworth Irrigation Act and the Hay Irrigation

Act, 1902, or any amendments of those Acts in

connection with which advances are made under
this Act.

Upon forfeiture, the provisions of section two hundred and six, subsection two, of the Crown Lands Consolidation Act, 1913, shall apply, except in the case of a holding within an irrrigation area,

or under the Wentworth Irrigation Act, or the Hay
Irrigation Act, 1902.

5. The following new sections and short headings

are inserted after section twelve of the same Act :—

Withdrawal of applications before or after

confirmation or allowance.

13. Where an application is made, before or after the commencement of the Returned Soldiers Settle­ ment (Amendment) Act, 1919, by a discharged soldier for any holding under the Crown Lands

Acts, the Closer Settlement Acts, or this Act, the Minister or, in the case of land within an irrigation
area, the Water Conservation and Irrigation Com­ mission may permit withdrawal of the application
before or after the confirmation, granting or allow­ ance thereof, and may grant a refund of the whole

or part of the moneys paid by such discharged

soldier in connection with such holding :

Provided that withdrawal shall not be permitted unless applied for before the expiration of twelve months after the confirmation or allowance of the application under the Crown Lands Acts, the Closer

Settlement Acts, or this Act, and, in the case of a

holding within an irrigation area, within three

months after the granting of the holding.

Waiver of rent and interest due by Crown

settlers on active service.

14. (1) The Minister may upon application made to him waive the payment of—

(a)	the whole or part of the interest due to the
any purchase under the Crown Lands Acts Crown on the balance of purchase money on

or on any settlement purchase under the

Closer Settlement Acts, or on any holding

under the Returned Soldiers Settlement Act,
1916, due or payable by a discharged soldier
during the time when such soldier was on

active service and six months thereafter;

(b)	the whole or part of the rent due in respect
of any homestead selection, lease or license for the aforesaid periods.

Extension

Extension of time in which to apply for appraise-

ment of capital	value or rent, and in which to
effect improvements	in lieu of rent.

15. Any holder of a purchase,homestead selection,

or lease under the Crown Lands Acts who has been
engaged on active service with the naval or military

forces of the Commonwealth, or of His Majesty, or any of His Majesty's allies, or has been engaged
as a munition worker, shall be entitled,—

(a) to exercise any right conferred by the Crown Lands Acts to obtain an appraisement of the capital value of his purchase or homestead

selection, or the rent of his lease as the case

may be, notwithstanding that the time allowed by the said Acts may have expired: Provided that an application as prescribed be made within three years of the date of the return of such holder to New South Wale s ;

(b) in the case of a homestead farm or Crown

lease, to reckon the time for effecting im­

provements in lieu of paying rent, as exclu­

sive of any period of service as aforesaid.

This section shall extend to the legal representative

of any such person who has died.

Previous holding of land not to disqualify in

certain cases.

16. Notwithstanding anything in any Act, an applicant for land under this Act or a discharged soldier who is an applicant for land under the Crown Lands Acts or Closer Settlement Acts and who is

otherwise qualified to hold such land, shall not be disqualified by reason only that he has at any time
previously obtained a title to or held any other land

under the Crown Lands Acts or the Closer Settle­ ment Acts or any other Act, if he no longer holds the same.

Payments not required for five years if occupation

and use be satisfactory.

17. Where Crown land, other than land within an irrigation area, has been or is acquired by

a discharged soldier under section four of the

Principal

Principal Act it shall not be necessary for any deposit to be lodged or paid, nor for any payment to be made on account of rent for a period of five years from the date of the commencement of the title to the land : Provided that the Minister is

satisfied that the land is being properly used and

developed, and is bona fide held by a discharged soldier, and that such improvements as he may
specify are effected in lieu of such payments.

Exclusive right of discharged soldiers to hid at

auction sales of Crown lands.

18. (1) Where Crown lands are offered for sale

by auction in pursuance of the provisions of the
Crown Lands Consolidation Act, 1913, the Minister

may restrict the sale of the whole or any number

of lots offered to discharged soldiers exclusively,
and may provide that any purchase by or sale to any person other than a discharged soldier shall be void.

(2) The provisions of section ten of this Act shall apply to lands purchased at such auction sales.

Appraisement of soldiers' holdings.

19. (1) Where a discharged soldier has acquired land from the Crown under the Crown Lands Acts, the Returned Soldiers Settlement Act, 1916 (other than land within an irrigation area), or the Closer

Settlement Acts, and considers the price or
capital value excessive, he may apply in the pre­

scribed manner to have such price or capital value
determined.

(2) Any application lodged in pursuance of this section shall be dealt with by a local land board or by a board consisting of not more than three persons who shall be appointed by the. Governor; one of such persons shall be appointed chairman, and at least one member shall be a resident of the land district in which the land is situated.

(3) The board and the chairman thereof shall in any inquiry and determination under this

section have respectively the like powers as are

conferred

conferred on a local land board under section fourteen of the Crown Lands Consolidation Act, 1913.

Cost of withdrawal or resumption or of making or

providing roads not to be charged to discharged
soldiers.

20. Notwithstanding the provisions of section one hundred and eighteen, or section one hundred and twenty-four, or section one hundred and thirty of the Crown Lands Consolidation Act, 1913, a discharged soldier shall not be liable to repay to the Crown—except for improvements—the propor- tionate cost of resumption or withdrawal mentioned in those sections, or any sum expended by the Crown in making or providing roads to or on the land of which a discharged soldier shall become the holder.