Returned Soldiers' Settlement (Amendment) Act 1928 (NSW)

RETUKNED SOLDIERS’ SETTLE-

jMENT (A31ENDMENT) ACT.

Act No. 49, 1928.

An Act to nialvc i'urtlier provi^-iou as to the sottlc- m ont of retu rned soldiers; to validate certain actions of the M inister for L an d s: to amend the R eturned Soldiers’ Settlem ent Act, Id lt), and certain o ther Acts; and for purposes connected tlie reu ith . [Assented to, 29tli December, 11)28.]

EE

Returned Soldiers’ Settlement (Amendment) Act. 443

T O E it cntW'ted by the K ing’s Most Excellent M ajesty,

J . J by and with the adi'ice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parlia^ncnt assembled, and by the authority of the same, as Ibllows :—^

1. This Act may be cited as the “ ^Returned Soldiers’ simn titi«.

Settlement (Amendmont) Act, 1928,” and shall be read and construed with the Returned Soldiers’ Settlement Act, 1916, as amended by subsequent Acts.

Tliat Act as so amended is in this Act referred to as

the Principal Act.

2 . The Principal Act is amended by omitting from A«icm)i»cnLof

subsection (In) of section nineteen the figures “ 1925

and by inserting in lieu thereof the figures “ 1928.’	( A p p r a i s e -
incnts.)
l ''o rthe r aiiierwl-

3 . The Principal Act is further amended—	m ent of Act
No* 21, IWO.

(a)	by omitting section five and by inserting in Soe, 5,
lieu thereof the following new sect ion :— (Â)I)o.̂ l.>

5. Any parly to any proceeding before a local land board, or chairman, or boai'd con­ stituted under section nineteen of this Act shall have the same right of appeal and the Alinister shall have the same right of reference to the Land and Valuation Court as is provided for under the Crown Lands Consolidation Act, 1913, and sueli court shall have pou'er to hear and determine all such appeals and references.

(b) by inserting in section seven next after sub-Sec. 7. section tliree the following new subsection :— (ÂKisiance.)

(3a) The Minister for the purposes of this section shall be a corporation sole under the name of the Minister for Lands, and by that name shall have perpetual succession aud an official seal, and may sue and he sued, and may take and hold property, real and personal, of any nature whatsoever.

Where any property or interest therein is vested in the Minister for Lands as such corporation sole or in pursuance of this Act, or has prior to the commencement of the Returned Soldiers’ Settlement (Amendment) Act, 1928, been or become vested in any Minister holding such office under or in

accoi’dance

444                 Returned Saldiers’ Settlement (Amendment) Act.

No. 49,1928. accordance with the provisions of this Act, the same sliall, unless and until disposed of by the Minister for the time being in execution of liis duties under this Act, pass and devolve to and he deemed always to have passed and devolved to or become vested in his successors in office.

(c) by inserting at tlic end of section ten the following new subsections;—

Sec. 10.	(2) Except where the land is within an irrigation area, the prnvi'^ions of this section shall not apply to the transfer of any parcel of land part of that comprised in a grant if such transfer is in accordance with a registered plan of subdivision consented to by the 3Iinistor, and any such parcel may tliercafter be dealt irith without any consent of the Minister.
(3) A consent under subsection two of this section shall be in the form prescribed by regulations made under this Act and may be registered in manner prescribed by regulations made under the Conveyancing Act, 1919.

Seu, ]9 (3n)* (d) (i) by insert lug at the end of subsection (3 it) of section nineteen the words—

A reference by the Minister may he made as provided by section twenty of the Crown Lands Consolidation Act, 1913, in any case where the Minister is of opinion that a rehearing or further consideration is warranteil, but no reference shall he made as provided by that section in any case where the price or capital value only is in issue.

Soc. ISMSc).	(ii) by inserting in subsection (3c) of the same section after the words “ amount paid” the words “ or to be paid ” ;
(iii) by inserting in the same subsection after the words “ the consent of the Jlinister as provided b y ” tlie words “ sections twelve and fourteen of the Closer Settle­ ment (Amendment) Act, 1918, or hv,”

' 4.

4. A disdiai'grd soldiev ulio hjis applied for and

obtained a determination of the capital value of land under t)ic provisions of section one liumlred and sixty- seven of tile Orou fi Lands Consolidation Act, I9L>, as fiai'i'j-rfisR'

inserted by the Crown Lands (Amendment) Act, 1927, or section two of the Closer Settlement and lietunied Soldiers’ Sfdtlennmt (Amendment) Act, 1927, or si?(d.ion nineteen of tlie Returned Soldiers’ Settlement Act, 1916, as amended by tlu' lleturned Soldiers’ Settlement (Amendmcjit) Act, 1925, shall not be entitled to apply for a detei'mination of the ea])ita! value therc'of under the [U’ovisions of st'ction nineteen of tin; T’eiuriied Soldiers’ Settlement A.et, 1916, as amended by this Act.

5, Tim action of tlie ilinisler in rc(;uiring a formal ̂nOikii&u,

application to be lodged with tlic Crown land agent for a farm or block deemed to liav<' bi'cn confirmed liy virtue of a certillcate <;f preferential right- in accnrdanct* witii section 3.\ of tim Principal Act anti in regarding the date of sucii a]i])lication as tlie date from 11111011 tlic tith; to siicli farm or lilock eommeneed is hereby validated.