War Service Land Settlement Agreement Act 1951 (WA)

1951.] War Service Land Settlement [No. 50.

Agreement.

WAR SERVICE LAND SETTLEMENT

AGREEMENT.

15° and 16° Geo. VI., No. L.

No. 50 of 1951.

AN ACT to enable the State to Supplement the Authority conferred upon the Commonwealth relating to Servicemen's Settlement by Part VII of the Re-establishment and Employment Act (Act No. 11 of 1945 as amended) of the Commonwealth Parliament, and for other

purposes.

[Assented to 2nd January, 1952.]

WHEREAS doubts have arisen in connection with Preamble.

" the legislation of this State relating to what Of ir&W.A.;

purports to be a written agreement, dated the ninth 1119o4s5 , 4:1 of

day of November, one thousand nine hundred and g4L580%4.1.,

forty-five, concerning war service land settlement, Werg;i5:_of and made between the Commonwealth of the oneianncges..Ith,

part and the State of the other part, and doubts Intr.

have also arisen in connection with that agreement, ilgiciVC VIE

and it is expedient to resolve the doubts and to ratify 33'

as valid and lawful all things done and all rights,

titles and interests conferred, granted, demised and

acquired in pursuance or purported pursuance of

that legislation and that agreement:

No. 50.] War Service Land Settlement [1951.

Agreement.

Be it therefore enacted, by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the War Service Land Settlement Agreement Act, 1951.

Retrospective

Operation. 2.

This Act shall be regarded as having come Land Settlement Agreement Act, 1945, which is repealed by the next succeeding section, commenced, namely, the fifteenth day of January, one thousand nine hundred and forty-six.

Cf. No. 24 •

of 1945. into operation on the day on which the War Service

Repeal.	3.	(1) The following Acts are repealed:—
No. 24 of

1945.                War Service Land Settlement Agreement Act,

1945;

Nos. 43 of

1945, 61 of	War Service Land Settlement Agreement (Land
1947, 41 of

1950.  Act Application) Act, 1945-1950.

Cf. No. 30

1918, ss. 3,	(2) The provisions of sections fifteen, sixteen and seventeen of the Interpretation Act, 1918-1948, are hereby expressly declared to apply in respect of the repeals effected by the last preceding subsection, but this express inclusion of the application of those provisions is not intended to imply the exclusion of the application to this Act of any of the other provisions of that Act.
15 and 16.
Interpre-

tation. 4. In this Act, unless the context requires other-

wise

"agreement" means agreement by the State in pursuance of the provisions of this Act with the Commonwealth;

"Land Act" means the Land Act, 1933-1950, as amended from time to time;

"scheme" means the scheme of war service land settlement the subject matter of agree- ment;

"Transfer of Land Act" means the Transfer of Land Act, 1893-1950;

1951.] War Service Land Settlement [No. 50.

Agreement.

"tenure" means such of the estates or interests in land, whether of perpetual leasehold or otherwise as the Commonwealth approves, and the State agrees may be granted to settlers in the carrying out of the scheme.

5. (1) On behalf of the State, the Minister is lowet o e

hereby authorised to enter into and the Governor afic.grtout agreement

is s hereby authorised to carry out any such agree- l

ment with the Commonwealth as is referred to in amended, of

section one hundred and three of the Re-establish- 1Z.C:gith.

ment and Employment Act, 1945, as amended, of S.m.

the Commonwealth Parliament.

(2) This Act, without further appropriation, shall Vrtaaviiscligs.

be sufficient authority for the use of money received from the Commonwealth by the State pursuant to any agreement so entered into, and for the expendi- ture from the Consolidated Revenue Fund of such money as the State requires but does not receive from the Commonwealth for carrying out its part of any such agreement.

Regulations.

The Governor may make regulations prescrib- ing forms, fees and matters or things necessary or convenient to be prescribed for carrying into effect any agreement entered into pursuant to the provi- sions of this section, and may by any regulation so made prescribe penalties recoverable on summary conviction and not exceeding fifty pounds for breach of any regulation.

(3)

6. (1) For the purpose of enabling the State to T=g of give effect to the scheme—	of 1945, as
Cf. No.43
amended by

(a) the Governor is hereby authorised, subject 117417141	to the provisions of the next succeeding Of 1950.
subsection, and notwithstanding the pro- visions of the Land Act, to grant tenures upon such terms and conditions as are not inconsistent with the provisions of the agreement and as are approved by the Commonwealth;

No. 50.] War Service Land Settlement [1951.

Agreement.

(b) the provisions of the Land Act to the extent to which they are or can with appropriate adaptation be rendered applic- able, shall apply in respect of the grant of tenures in pursuance of the authority conferred by the last preceding paragraph;

CS. Land Act,

1950 reprint,

(c) where anything relating to tenures is required to be provided for, in order that the scheme may be carried out or given effect, but cannot conveniently be provided for pursuant to the provisions of the Land Act, the Governor may, notwithstanding the provisions of that Act and without limiting the generality of the provisions of subsection (3) of the last preceding section, make regulations under that Act in respect of the requirement as fully and effectually as if the power conferred by this paragraph were expressly included in such of the provisions of that Act, as authorise the making of regulations for carrying out and giving force and effect to the objects, purposes, rights, powers and authorities of that Act and that Act is deemed to be amended accordingly.

S. 172.

(2) A lessee

of a tenure of perpetual leasehold of land demised by instrument of lease in pursuance of the scheme,

who desires

to purchase the fee simple in the land,

shall,

subject to

the approval of the Commonwealth;

the provisions, if applicable to the land, of

subsection (5) of the next succeeding section

relating to mineral rights;

any mortgage or other incumbrance on the

land;

the provisions of the regulations; and

compliance with the provisions of the lease

instrument;

1951.] War Service Land Settlement [No. 50.

Agreement.

be entitled,

after the expiration of a period of ten years from the commencement of the term of the perpetual lease and on payment of such purchase price for the fee simple as is fixed by the Minister, in accordance with the provisions as set out in clause six subclause (7) of the War Service Land Settlement Agreement, 1945,

Cf. Land Act.

to surrender the lease instrument and obtain in	1933-1950,
place of it a Crown Grant of the fee simple in the	s. 44.
land.
(3) Notwithstanding the terms of any lease, instrument or the provisions of this or any other Act, a lessee as in the last preceding subsection mentioned shall be at liberty at any time and from time to time during the period of ten years from the commencement of the term of the lease to pay any amount or amounts not exceeding in the aggre- gate ninety per centum of the purchase price for the fee simple, and during such period, interest shall be rebated on the moneys so paid by the lessee.

7. (1) In this section, unless the context requires 1`.1=

otherwise—	Cf. No. 41
of 1950, s. 3.

"Company" means the Midland Railway Com- re-

pany of Western Australia Limited;

"mineral rights" means, in relation to land, any grant, transfer or reservation

to the Company; or to a person who derives his title to the mineral rights from the Company and is registered pursuant to the provisions of the Transfer of Land Act as the proprietor of the mineral rights

of all mines of copper, tin, lead, coal, iron- stone, phosphatic rock and other metals, ores or minerals whatsoever and all sub- stances containing minerals or phosphates and all gems and precious stones and mineral oil in, upon and under the land, with full liberty at all times to search, dig, mine, bore for and carry them away, and

No. 50.] War Service Land Settlement [1951.

Agreement.

for that purpose to enter upon the land or any part of it without paying compensation therefor;

"registration authority" means the Registrar of Titles, the Registrar of Deeds, the Under Secretary for Lands, the Under Secretary for Mines, and any other person authorised by any Act to record and give effect to the registration of documents relating to trans- actions affecting any estate or interest in land.

Revealing of

mineral	(2) Where private land was, at any time prior to,
rights in

the Crown.

or is, at any time after, the coming into operation

of this Act

acquired by the State by agreement for the

purposes of the scheme;

under the operation of the Transfer of Land

Act; and

the subject of mineral rights

on registration of the transfer to His Majesty from the registered proprietor of every estate and interest therein, other than the mineral rights, the mineral rights shall, subject to the provisions of this section and by virtue of the provisions of this subsection, revest in His Majesty as of his former estate, for the purposes of

(a)	removing the land from the operation of the Transfer of Land Act;
(b)	bringing the land under the operation of the Land Act; and

(c) enabling the Governor to-

(i)    grant tenures of the land pursuant

Cf. Act No. to the provisions of this Act; and

37 of 1933,	(ii) make and issue instruments evidenc- ing the revesting, referred to in the next succeeding subsection, of the mineral rights in the land.
e.7.
Retesting of

mineral	(3) Where mineral rights are revested in His
rights in the

Company.

Majesty by operation of the provisions of the last

preceding subsection

(a) the mineral rights are, by virtue of the provisions of this subsection, immediately thereupon revested in the person in whom

1951.] War Service Land Settlement [No. 50.

Agreement.

and for the estate or interest in which but for the operation of that subsection they would have continued to be vested;

(b)

the Governor shall make and issue an Schedule. Schedule to this Act evidencing that revert- ing free of cost to that person.

(4) Nothing contained in, or done in pursuance grasgetrn

rights and

of, the provisions of this section shall— immunity.

(a)	affect any proprietory interest in the mineral rights;
(b)	entitle any person to compensation or damages from the Crown.

pursuant to the provisions of this Act, any tenure •ligiglaeral (5) The Governor shall not grant or demise, bee=

of land referred to in this section, unless the instru- ment evidencing the grant or demise is expressed to be and is subject to the mineral rights.

(6) The appropriate registration authorities are l'ougaggs

hereby authorised to record in the appropriate this operation

manner the effect of the operation of the provisions section'

of this section in relation to any land.

8. In order to resolve any doubt as to the Validation.

effectiveness and validity of all things done, includ- ing all rights, titles and interests revested, conferred, granted, demised and acquired, in pursuance or purported pursuance of the provisions of the Acts repealed by this Act, it is hereby declared that those things shall be regarded as having been done and those rights, titles and interests shall be regarded as having been revested, conferred, granted, demised and acquired subject and pursuant to the provisions of this Act and are hereby ratified as lawful and validated.

SCHEDULE. Section 7

Western Australia. (3) (b).

FORM OF CROWN GRANT.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, CI. No. 4/ Ireland and the British Dominions beyond the Seas, King, 21.1391i 4. Defender of the Faith, To all to whom these presents shall

come, GREETING: Know Ye that We, of our especial Grace,

No. 50.] War Service Land Settlement [1951.

Agreement.

certain knowledge, and mere motion and by virtue of the

provisions of the War Service Land Settlement Agreement

Act, 1951, have given and granted, and We do by these presents for Us, our heirs and successors, Give and Grant unto

all mines of copper, tin, lead, coal, ironstone, phosphatic rock and other metals, ores or minerals whatsoever and all substances containing minerals or phosphates and all gems and precious stones and mineral oil in, upon and under all that tract or parcel of land situate and being in the District of

in Our said State containing together with all appurtenances whatsoever thereunto belonging or in anywise appertaining for an estate in fee simple: YIELDING and paying fer the same to Us, Our heirs and successors, oni p nop c,rcorn of yearly rent on the twenty-fifth day of March in each year, or so soon thereafter as the same shall be lawfully demanded.

more or less and marked and distinguished in the maps

and books of the Department of Lands and Surveys of Our

said State as and as the

same is delineated and coloured in,

in the plan drawn hereon with full liberty at all times to

search, dig, mine, bore for and carry away the same, and

for that purpose to enter upon the said land or any part

thereof without paying compensation therefor: TO HAVE

IN WITNESS whereof, We have caused

Governor in and over the State of Western Australia in the Commonwealth of Australia, to affix to these presents the Public Seal of the said State.

SEALED this day of

one thousand nine hundred and

Governor.

Minister for Lands.