War Service Land Settlement Act 1941 (NSW)

War Service Land Settlement Act. 389

WAR SERVICE LAND SETTLEMENT ACT.

Act No. 43, 1941.

An Act to make provision for and in relation George vi.

to the settlement on the land of persons who	‘
are members or discharged members of His Majesty’s naval, military or air forces, or who are discharged soldiers within the meaning of the Returned Soldiers Settle­ ment Act, 1916, as amended by subsequent Acts; to extend certain concessions to such persons; and for purposes connected there­

with. [Assented to, 8th October, 1941.]

it enacted by the King’s Most Excellent Majesty,

i j by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1, This Act may be cited as the “ War Service Land short

Settlement Act, 1941.” title.

2. (1) In this Act, unless the context or subject Definitions,

matter otherwise indicates or requires—

“ Classification committee” means the classification

committee appointed under this Act.

“ Commission” means the Water Conservation and Irrigation Commission constituted under the Irrigation Act, 1912, as amended by subsequent Acts.

“ Discharged member of the forces” means a person who is resident in the Commonwealth and who, having been a member of the forces has had his appointment terminated or has received his

' discharge; but does not include any person the termination of whose appointment or whose dis­ charge was due to misconduct or incapacity resulting from his own default.

‘ ‘ Discharged

390                  War Service Land Settlement Act.

No. 43, 1941.	“ Discharged soldier” means a discharged soldier within the meaning of the Keturned Soldiers Settlement Act, 1916, as amended by subse­ quent Acts.
“ Irrigation Area” means an irrigation area con­ stituted under the Murrumbidgee Irrigation Act, 1910, or the Irrigation Act, 1912, or the Wentworth Irrigation Act, or the Hay Irrigation Act, 1902, or any of those Acts as amended by subsequent Acts.
“ Member of the forces” means a person domiciled in Australia who is bound to continuous service as a member of His Majesty’s naval, military or air forces for the duration of the present war between His Majesty and Germany and her allies and who has agreed to serve beyond the limits of the Commonwealth and those of any territory under the authority of the Common­ wealth.
“ Prescribed” means prescribed by this Act or by the regulations.
“ Regulations” means regulations made under this

Act.

■ (2) Unless the context necessarily requires a dif­ ferent meaning, expressions defined in the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts, or the Western Lands Act of 1901, or any of those Acts as amended by subsequent Acts, shall bear the same mean­ ing in this Act.

Areas may be	3 .	(1) The Minister may, by notification published in
pet apart lor

«f*iection by	the Gazette, set apart any area of Crown land or of
members or
discharged	land acquired under the Closer Settlement Acts or the
members cf the
forces Or	Murrumbidgee Irrigation Act, 1910, or any of those
discharged
soldiers,	Acts as amended by subsequent Acts, to be disposed of
cf. Act Xo. 21,
1910, s. 3.	in accordance with this section under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts or the Western Lands Act of 1901, or any of those Acts as amended by subsequent Acts, exclusively to any one or more of the following classes of persons:—

(a) members of the forces;

(b) discharged members of the forces;

(c) discharged soldiers.

Any

War Service Land Settlement Act. 391

Any notification under this section may be amended

or revoked by the Minister by a notification published in

the Gazette.

No. 43, 1941.

“ Minister” in this section in the case of lands ■within an irrigation area' shall be read as Minister for Agricul­ ture for the time being.

(2) Of the total number of farms, blocks or areas set apart to bo disposed of as original holdings under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts, or the Western Lands Act, of 1901, or any of those Acts as amended by subsequent Acts, during any year after the year one thousand nine hundred and forty-one the whole or any part of which is included in the period commencing on the date of commencement of this Act and terminating on the expiration of three years after the termination of the present war between His Majesty and Germany and her allies, at least fifty per centum shall, notwithstanding anytliing in any of those Acts, be set apart under this section.

(3) Any member of the forces, discharged member of the forces or discharged soldier who desires to apply

Qualifica­tion

certificates.

for land set apart under this section shall first make application in the manner prescribed for a qualification certificate entitling him to apply for land so set apart.

Any such application shall be in or to the effect of the prescribed form.

(4) An application for any land set apart under this section shall be made in the form and manner

Applications

for land by

inciiibci'S or

prescribed. The applicant shall satisfy the local land

discharged members of

board or the Commission, as the case may be, that a

the forces

qualification certificate has been issued to him and the

or discharged

local land board or the Commission shall not confirm,

soldiers.

allow, grant or recommend any application unless so

satisfied.

(5) Where any application under this section is, pursuant to section five of this Act, made on behalf of a member of the forces on service outside the Common­ wealth, such member of the forces shall, for the purposes of this section, be deemed to be the applicant.

4.	(1) The Minister may, for purposes of this Act,	Classifica­
tion

appoint a classification committee which shall consist of

committee.

three members and shall appoint one of such members

to be chairman of the committee.

One

302                  War Service Land Settlement Act.

No. 43, 1941.	One of sucli membei's shall be a discharged soldier or a discharged member of the forces.
Each member of the committee (other than a member who is an officer or employee under the Public Service Act, 1902, as amended by subsequent Acts) shall be paid such fee for each sitting of the committee at which he is present, as may be prescribed.
(2) The committee shall investigate the qualifica­ tions of ever}" applicant for a qualification certificate under section three of this Act, and if satisfied that the applicant is a member of the forces, discharged member of the forces or discharged soldier and that he possesses the necessary experience and fitness to engage in farming or pastoral pursuits, it shall issue to him a qualification certificate; if not so satisfied, the committee may refuse to issue a qualification certificate.
A qualification certificate shall be in or to the effect of the prescribed form.
Where any such application is, pursuant to section five of this Act, made on behalf of a member of the forces on service outside the Commonwealth, such member of the forces shall, for the purposes of this section, be deemed to be the applicant.

Applications	5. (1) A parent or other relative or any person may,
rdative'or”''	behalf of a member of the forces on service outside

otiier	the Commonwealth—•
person.

(a)

make application for any land available or set apart or which may be disposed of under the Crown Lands Consolidation Act, 1913, the Went­ worth Irrigation Act, the Hay Irrigation Act, 1902, the Irrigation Act, 1912, the Closer Settle­ ment Acts, the Prickly-pear Acts, 1924-1934, or the Western Lands Act of 1901, or any of those Acts as amended by subsequent Acts or for any land set apart under section three of this Act;

(b)

make any other application or exercise a'ny right, power or privilege under any of the Acts referred to in paragraph (a) of this subsection or under the Crown Lands (Amendment) Act, 1932, or the Public Eoads Act, 1902, or the Water Act, 1912-1940, or the Returned Soldiers Settle­ ment Act, 1916, or this Act, or any of those Acts as amended by subsequent Acts.

Any

War Service Land Settlement Act. 393

Any application made pursuant to paragraph (a) of No. 43, 1941.

this subsection shall be made in the manner prescribed

and shall be in or to the effect of the prescribed form.

(2) The Minister or the local land board or the Commission, as the case may be, shall not entertain any application made or permit the exercise of any right, power or privilege in pursuance of this section unless satisfied that such application is made or that such right, power or privilege is being exercised in the interests of the member of the forces, and may require the parent, relative or other person to produce documentary proof that he is duly authorised to make the application or exercise the right, power or privilege on behalf of the member of the forces, and to furnish evidence by statu­ tory declaration that he or she has not received any notice of revocation of such ahthority, bĵ death or other­ wise, and also to furnish a certificate from the appropriate Commonwealth authority that the member of the forces is on service outside the Commonwealth.

(3) In this section “ Minister” means the Minister charged with the administration of the Act under which the application is made or the right, power or privilege exorcised.

6.       (1) Where a condition of residence attaches to a Eesidcnco

holding under the Crown Lands Consolidation Act, 1913, condition the Closer Settlement Acts, the Eeturned Soldiers Settle- have been ment Act, 1916, or the Western Lands Act of 1901, or any

of those Acts as amended by subsequent Acts, and the	’
holder of such holding is absent from his holding upon war service as defined in the Defence Act 1903, as amended by subsequent Acts, of the Parliament of the Commonwealth, such condition shall be deemed to have been complied with for the period of his war service.
When the war service of any such holder is or includes service outside the Commonwealth as a member of the forces such condition shall be deemed to have been com­ plied with for a further period of six months after the termination of his war service.
(2) In the event of the death of a member of the forces any condition of residence attaching to any hold­ ing held by him at the time of his death shall, in the case of a holding other than a holding within an irrigation area, be deemed to have been completed, and in the case

of

391                 War Service Land Settlement Act.

No. 43, 1941. of a holding within an irrigation area shall be waived

for a period of twelve months or for such longer period

as the Commission may allow.

Waiver or	7.	(1) Where application is made in that behalf the
remission

of interest	Minister may on the recommendation of the local land
or rent in	board waive or remit the payment of the whole or part
certain
cases,	of the interest upon any debt to the Crown incurred
cf. Act No.	under or by operation of the Crown Lands Consolidation
21, 191G,	Act, 1913 (except Part VI thereof), the Closer Settle­
B. 14.	ment Acts, the Eeturned Soldiers Settlement Act, 191G, the Prickly-pear Acts, 1924-1934, the Western Lands Act of 1901, or any of those Acts as amended by subse­ quent Acts, or the whole or part of the annual rental or fee under any lease, permit or occupation license from the Crown made under or by operation of any of such Acts, duo, payable, or paid to the Crown by or on belialf of a member of the forces during the period of his mem­ bership of such forces.
(2) Where application is made in that behalf the Commission may waive or remit the payment of the whole or part of—

(a) tlie interest on any purchase money determined under the provisions of the Crown Lands Con­ solidation Act, 1913, or the Irrigation Act, 1912, or cither of those Acts as amended by subse­ quent Acts, in respect of the purchase of land within an irrigation area;

,	(b)	the interest on any debt to the Eural Bank of New South Wales in respect of the purchase from the Crown or the Commission of improve­ ments on land within an irrigation area;
(c)	the annual rental of any lease within an irriga­ tion area,

duo, payable, or paid to the Rural Bank of New South Wales by or on behalf of a member of the forces during the period of his membership of such forces;

Provided that no waiver or remission of interest or rental in respect of a holding under Part VI of the Crown Lands Consolidation Act, 1913, shall bo granted except on the recommendation of the special land board.

(3) The Minister, or the Commission, as the case

may be, shall have discretion to refuse any application

under

War Service Land Settlement Act. 395

under tliis section, which discretion shall be independent

4̂ 1941.

of the recommendation of the local land board or the

special land board.

8 . Notwithstanding anything in any Act, a member

of the forces, discharged member of the forces or not to °

discharged soldier who is an applicant for any land disqualify

set apart under section three of this Act or for land eases,

available or set apart under the Crown Lands Consolida- cf. AetNo.

tion Act, 1913, the Closer Settlement Acts, the Pricldy-

pear Acts, 1924-1931, or the Western Lands Act of 1901,

or any of those Acts as amended by subsequent Acts, and

who is otherwise qualified to hold sucli land, shall not

be disqualified by reason only that ho has at any time

previously obtained a title to or held any other land, if

he no longer holds the same.

9. (1) The Governor may make regulations not Regulations,

inconsistent with this Act prescribing all matters which, by this Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without prejudice to the generality of subsec­ tion one of this section the regulations may provide that any fee or deposit required to be lodged with any applica­ tion under the Crown Lands Consolidation Act, 1913, tlie Closer Settlement Acts, the Prickly-pear Acts, 1924­ 1934, the Returned Soldiers Settlement Act, 1916, or the Westei'n Lands Act of 1901, or any of those Acts as amended by subsequent Acts, or regulations there­ under, shall not be payable by or on behalf of a member of the forces or a discharged member of the forces or a discharged soldier.

(3) Such regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication, or from a later date to bo specified in such regulations; and
(c)	be laid before both Houses of Parliament within fourteen sitting days after publication if Parlia­ ment is in session, and if not, then within four­ teen sitting days after the eommencoment of tiio next session.

8 9 G Co-operation (Amendment) Act.

No. I M l . If {.'Ither House of Parliaraout passes a resolu­ tion of wliicli uotiee has been given at any time wijliiu fifteen sitting clays after such regulations ha\o been laid l)efore such House disallowing any regulation or part thereof, such regulation or part shall tlicreupou cease to have effect.