War Service Land Settlement Agreement Act 1945 (1946 No 6) (NSW)

350                  War Service Land Settlement Agreement Act.

WAR SERVICE LAND SETTLEMENT

AGREEMENT ACT.

Act No. 6, 194().

George VI. An Act to appiovc and ratify an Agreement

■ ■ between the Commonwealth of Australia and the State of New South Wales in relation to War Service Land Settlement: and for purposes connected therewith. [Assented to, 7th January, 1946.]

>E it cno.,ctc4 by tlic King’s Most Excellent Majesty, " by and with the advice and consent of the Legis­

lative Comicil and Legislative Assembly of New South Wales in Pivllament assembled, and by the authority of the same, as lollo’s's :—

Sliort

title. 1 . This Act may he cited as the “ AYar Service Land

Settlement Agreement Act, 1945.”

andriUiic-i "* agreement, a cop'r of which is set fortli in the

tionof	Schc'dulo to tliis Act, is hereby approved and ratified.
agreement.

Soc. 2. SCHEDULE.

AcREEiiE-'.T luadr tne twciUy-cig-'-th day of November, one thousand

nine hundred and forty-five, BETWEEX THE COMMONWEALTH OF AUSTKALIA (in this iigreement called “ the Commonwealth”) of the llrst part and THE STATE OF NEW SOUTH WALES

( in this agreement called ‘’the .State”) of the second part.

W hereas at a conference of Commonwealth and State Ministers at Canberra on tb.o twcnty-se.cond day of August, one thousand nine hundred and forty-five, eerfain proposals were agreed to with a view to the settlement on land in the State of discharged members of the Forces and other eligible persons:

A nd whereas i t is expedient that an agreement he made between th e Commonwealth and the State in order to carry into effect the said

proposals:

Now IT IS HEREBY AGREED aS follows t--

I. This agreement shall have no force or effect and shall not be

binding on either party unless and until it is approved by the

Parliament of the State.

War Service Land Settlement Agreement Act. 351

' 2. (1) In this agreement— No. 6, 1946.

“applicant” means a person ajiplying to partieipiii.o under the

scheme;

“Crown land” means Crown land as defined in the land laws of the State;

“eligible person” means—

(a) a discharged member of the Forces wlio has been honorably discharged after not loss than six months’ war service, or having, in the opinion ( f the appropriate State authority, been iiiaterially prejudiced by reason of his war service, has been honorably discharged after less than six months’ war service; or

' (b) a person included in a class of persons (if any) which the Commonwealtli with the concurrence of the State determines shall be deemed eligible to participate in land settlement under the scheme;

“bolding” means the land allotted to a settler under the scheme; “member of the Forces” has the same meaning as in section 4

of the Re-establishment and Employment Act,	ib.e
Commonwealth;

“private land” means all land otb.or than Crown land ;

“settler” means a person who has been allotted a holding under

the scheme;

“tlie scheme” means the scheme of land settlement c ntained in this arreemGr.!;

“the war” means the war which commenced on tlic third day of

September, one thousand nine hundred and tbirtj'-nino, and

includes any otb.er war in which Ilis Majesty became engaged

; after that date and before the date of this agreement;

“war service” has the same meaning as in paragraphs (a), (b), (c), (d), and (e) of the definition of “War service” in section 4 of tlie Ke-estaldishment and Employment Act lOtc of the Commonwealth.

(2) For the purposes of this agreement, a member of the Forces

who has ceased to be engaged on war sendee shall he deemed to have

been discharged.

Land settlement under the scheme shall be carried out in accordance with the following principles:—•

(a)	Settlement shall be undertaken only where ecoiioniic prospects for the production concerned arc reasonably sound, and the number of eligible persons to he settled shall ho determined primarily by opportunities for settlement and no: by the number of applicants.
(h)	Applicants shall not be selected as settlers unless a competent authority is satisfied as to their eligibility, suitability and qualifications for settlement under the scheme and their experience of farmwork.

(c)

352                  War Service Land Settlement Agreement Act.

Mo. 6, 1946,	(g)	Holdings shall be sufficient in size to enable settlers to operate efficiently and to earn a reasonable labour income.
(d)	An eligible, person deemed suitable for settlement shall not be precluded from settlement by reason only of lack of capital, but a settler will be expected to invest in the holding such proportion of his own financial and other resources as is considered reasonable in the circumstances by the

, appropriate State authority.

(e) Adequate guidance and technical advice shall be made available to settlers through agricultural extension services.

4. (1) The Commonwealth shall in the carrying out of the scheme provide financial and other assistance as is hereinafter set forth.

(2) The State shall initiate proposals for settlement under the

scheme but the Commonwealth may initiate, proposals where these are directly associated with any matter in respect of which the

■	Commonwealth has power to make laws.
5. The State shall provide capital moneys required for the purpose, of acquiring, developing and improving land for settlement under and in accordance with the terms of this agreement.
6. (1) The State shall bear the cost of all State administration of the scheme.
(2) The State shall make a capital contribution in respect of each holding of an amount equal to one half of the excess of the total cost involved in acquiring, developing and improving the holding over the sum of valuations of the land and improvements.
(3) The amount of capital contribution to be determined in accordance with the last preceding subclause shall, if required by a State, be separately and independently assessed in respect of land and improvements.
(4) The valuations referred to in subclausc (2) of this clause shall be made by oflicers appointed by the Commonwealth and State in consultation for the purpose.
(5) In making the valuations, the officers shall have regard to the need for the proceeds of the holding (based on conservative estimates over a long-term period of prices and yields for products) being sufficient to provide a reasonable living for the settler after meeting such financial commitments (e.xcluding principal repayments under any agreement between the State and the settler for the purchase of land) as would be incurred by a settler possessing no capital.
(6) Where settlement is on Crown land or acquired leasehold land, an amount to be agreed upon between the Commonwealth and the State shall be included in the total cost referred to in subclause (2) of this clause to cover the State’s interest in the land.
(7) The State shall bear one-half of the cost involved in the remission of rent and interest during the assistance period referred to in clause 13 of this agreement.
(8) The State shall bear one-half of any lossc.s (to be assessed oix a basis to be agreed upon by the Commonwealth and the State) incurred by the State in pursuance of arrangements made in accordance with clause 15 of this agreement. (9)

War Service Land Settlement Agreement Act» 333

(9) The State shall, subject to clause Y of this agreement, be No. 6, 194̂ ̂

responsible for all other costs arising directly from settlement under	~ ~
the scheme.
Y. (1) The Commonwealth shall bear the cost of Commonwealth administration of the scheme.

(3) The Commonwealth shall provide training and pay to

applicants selected for training living allowances and certain

transport and other expenses incidental to their training.

(3) The Commonwealth shall provide living allowances for settlers during the assistance period referred to in clause 13 of this agreement and meet one-half of the costs inv'olved in the remission of rent and interest provided for in that clause.

(4) The Commonwealtli shall make a capital contribution in respect of each holding of an amount equal to one-half of the excess referred to in subdalise (2) of clause C of this agreement.

(5) The Commonwealth shall bear one-half of the losses referred to in subelause (8) of clause C of this agreement.

8. Any excess of the total cost involved in acquiring developing and improving the holding over the valuations made in accordance ■with the provisions of clause G of this agreomeiit shall he written off and those valuations shall, unless otherwise agreed by the Commonwealth and the State, be accepted for the purpose of applying the terms and conditions relating to tenure of land made available for settlement under this agreement.

9. All financial matters relating and incidental to the carrying out of the scheme shall be arranged in a manner satisfactory to the Treasurer of the Commonwealth and the Treasurer of the State.

10. The following procedure shall be observed in connexion with the approval of proposals for settlement under the scheme brought iorward by the State:—

(a) After the State has selected such land as appears suitable for settlement it shall immediately take all practicable and necessary measures to prevent the land or any part thereof being dealt with otherwise than as is provided in this agreement.

■	(b)	The Stale shall submit to the Commonwealth certain information to be agreed upon by the Commonwealth and
'	the State and shall confer with the Commonwealth to
determine whether a detailed survey of the land is required,
and, if both the Commonwealth and the State agree that a
detailed survey is required, this will be undertaken by tlie
State with the assistance whore necessary of relevant
Commonwealth authorities: Provided that if, before the fifth
day of October, one thousand nine hundred and forty-four, .
the State had selected land for settlement and completed or substantially completed all surveys thereof considered necessary by the Commonwealth, the State may immediately submit the proposals in the manner provided in the next succeeding paragraph and no further survey of the land shall be required.

M (c)

f354 War Service Land Settlement Agreement Act.

/No. 6, 1945.	(c)	The State shall submit to the Commonwealth details of proposals for settlement including plans and such particulars relating to the proposed subdivision, development and use of the land as the State and the Commonwealth agree upion.
(d)	The Commonwealth and the State shall confer on each proposal and decide whether it should be accepted, either

•

with or without alteration or modification, as an approved

plan of settlement.

11. (1) The State shall—•

(a)	set apart or resume as the ease may bo, for settlement such land comprised in an approved plan of settlement as is Crown land; and
(b)	acquire compulsorily or by agreement and at a value not exceeding that ruling on the tenth day of February, one thousand nine hundred and forty-two, private land or lands

. held under lease from the Crown comprised in an approved plan of settlement.

(2) The State shall subdivide develop and improve, tlic land to

a stage where it can be brought into production by a settler within

a reasonable time having regard to the type of production proposed.

12. The following principles shall bo, adhered to in training, selecting and settling applicants under the scheme:—■

(a) A member of the forces while still engaged on war service may, if permitted to appl.v for land under any law of the State dealing with the settlement of servicemen on the land in force prior to the fifth day of October, one thousand nine liundred and forty-four, apply to participate under the

, scheme, but he shall not be eligible to participate in any concessions to which the Commonwealth is required to contribute any jjart of the cost until he has ceased to be engaged on war service and has been classified as suitable for settlement in accordance with the provisions of paragraph (c) of this clause.

(b) An eligible person may apply to participate under the scheme not more than five years after—

(i)   the fifteenth day of August, one thousand nine hundred and forty-five; or

(ii)   the date when he ceaso,d to be engaged on war service,

whichever is the later.

(c)	An applicant for settlement shall apply to the appropriate
State authority which shall on behalf of the

Commonwealth—

(i)  determine whether an applicant is an eligible person; and

(ii)  classify eligible persons as suitable (either immediately or after training or further experience) or as unsuitable for settlement.

War Service Land Settlement Agreement Act. 355

(d)	’Wiierc, tr;iiiiiiig or further experience is considered desirable No. 6,	1946,
by the State autliority it shall be provided mainly by employment with farmers approved by the State authority.

f". (1) There m.ny be granteci to a settler during the period of one year ne.xt following the allotment of a holding to him (hereinafter referred to as ‘‘the assistance period”) a living allowance at such rate and subject to such conditions as may be fixed by the Commonwealth.

(2) During the assistance period the settler shall not he required to pay any rent or interest in respect of the holding or to make any payments on ai'count of principal or interest in respect of advances (otiu r than advances for working capital) made under clause 15 of tliis agrei'incnt.

(3) In special eircmnstances and upon conditions approved by the Commonwealtli, further assistance may in any particular case be extended beyond the said period of one year.

14. (1) 'J'lie net proceeds of the holding during the assistance period shall be paid to an authority prescribed by the State and credited by that authoriiy against future obligations of the settlor in resr.oct of advances for stock, plant and equipment, and improvements, and in respeet of rent or interest on land in a proportion to be determined by tlic autliority.

(2) At least one-half of the proceeds shall be credited to future obligations in resiioct of stock, plant and equipment.

(3) I'lie authority may, in any particular case, waive the requirements of the last two iirecediug subclauses, if, in its opinion, the circumstances of the case are such that it is desirable to do so.

(4) ’Wherever practicable the whole of a settler’s finances relating to his settlement under the scheme shall be controlled by one authority. The authority shall record separately any advances in respect of which the Coniinonwealth under this agreement accepts any liability in the event of loss.

15. (1) The State shall make such arrangements as may be approved by tb.o Commonwealtli for the making of advances to settlers, upon such conditions as may be agreed upon between the Commonwealth and the State, for the purpose of providing working capital and paying for and effecting improvements and acquiring- stock, plant and equipment.

(2) Tlie arrangements referred to in subelause (1) of this clause may include th.e giving of guarantees by the State.

IG. In the event of the settler not being able to meet all his current obligations under the scheme such amounts as are received from the settler shall bo apiilicd to liis obligations in respect of advances for working capital, stock, plant or equipment, improvements, rent or interest on any balance outstanding on the purchase price of the land, in the order in which the obligations are set out in this clause.

IT.

356 Timber Marketing Act.

Ho, ft, 1946.	17. XJiG form aii(] conditions of tciimv, on 'ndiioli a holding is to be held by a settler shall be determined, by the State.
IN' WIT^yESS whereof the Prime Minister of the Commonwealth and the Premier of the State liayc hereunto set their hands the day and year first above written.

S IG N E B Bv THE P rime M ixister 1

and on behalf of the Common- 1	OF THE C ommonwealth for [_ T. B. CHTFLEY.
wealth in the presence of— /

F. S trahan.

SIGNED liv THE P remier or the

State for and on beh.alf of	W. J. MoKEJ.L.
the State, in the presence of—

.T. W. F erre SOX'.

Under Secretary, Premier's Department,

Sydney.