War Service Land Settlement Agreement (Land Act Application) Act Amendment Act 1950 (WA)

1950.] War Service Land Settlement Agree- [No. 41.

ment (Land Act Application).

WAR SERVICE LAND SETTLEMENT AGREE-

MENT (LAND ACT APPLICATION).

14' and 15 Geo. VI., No. XLI.

No. 41 of 1950.

AN ACT to amend the War Service Land Settle- ment Agreement (Land Act Application) Act, 1945-1947.

[Assented to 18th December, 1950.]

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

1.   This Act may be cited as the War Service Short tine.

Land Settlement Agreement (Land Act Application) Act Amendment Act, 1950, and shall be read as one with the War Service Land Settlement Agreement (Land Act Application) Act, 1945-1947 (Act No. 43 of 1945 as amended by Act No. 61 of 1947), herein- after referred to as the principal Act.

2. The principal Act as amended by this Act may Citation the in•bacipal or

be cited as the War Service Land Settlement Agree- Act as	amended by
ment (Land Act Application) Act, 1945-1950.	this Act.
S. 5 added.

The principal Act is amended by adding the following section:-

3.

5. (1) In this section unless the context Interpreta- tion.

requires otherwise—

"Company" means the Midland Rail- way Company of Western Australia Limited;

No. 41] War Service Land Settlement Agree- [1950.

ment (Land Act Application).

"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 pro- visions of the Transfer of Land Act, 1893-1946, as the proprietor of the mineral rights

of 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 pre- cious 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 for that purpose to enter upon the land or any part of it without paying compensa- tion therefor;

"registration authority" means the Regis- trar 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 registra- tion of documents relating to transac- tions affecting any estate or interest in land.

Revesting

of mineral	(2) Where private land is
rights in

the Crown.

acquired by the State by agreement, pur- suant to the provisions of clause eleven of the agreement;

under the operation of the Transfer of

Land Act, 1893-1946; 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

1950.] War Service Land Settlement Agree- [No. 41.

ment (Land Act Application).

provisions of this subsection, revest in His Majesty as of his former estate, for the pur- poses 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 leases of the land pursuant to the provisions of this Act; and

Cf. Act No.

(ii) make and issue instruments 37 of 1933,

evidencing the revesting, refer-	s. 7.
red to in the next succeeding subsection, of the mineral rights in the land.

(3) Where mineral rights are revested in His	Revesting of
mineral

Majesty by operation of the provisions of the	rights in the
Company.
last preceding subsection

(a)	the mineral rights are, by virtue of the provisions of this subsection, immedi- ately thereupon, revested in the person in whom and for the estate or interest in which, but for the operation of that subsection they would have continues to be vested;
(b)	the Governor shall make and issue an instrument of grant in the form of the Schedule to this Act evidencing that revesting free of cost to that person.

preservation

(4) Nothing contained in, or done in pursu- of adverse rights and

ance of, the provisions of this section, shall immunity.

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

(5) The Governor shall not grant, pursuant	Leases to be
subject to

to the provisions of this Act, any lease of land	rights.
mineral
referred to in this section, unless the lease is expressed to be and is subject to the mineral rights.

No. 41] War Service Land Settlement Agree- [1950.

ment (Land Act Application).

Authority

to record	(6) The appropriate registration authorities are hereby authorised to record in the appro- priate manner the etfect of the operation of the provisions of this section in relation to any land.
operation of
this section.
Second

Schedule. 4. The principal Act is amended by adding

thereto a Schedule as follows:—

Section 5. SCHEDULE.

FORM OF CROWN GRANT.

Western Australia.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas, King, Defender of the Faith, To all to whom these presents shall come, GREETING: Know Ye that We, of our especial Grace, certain knowledge, and mere motion and by virtue of the provisions of the War Service Land Settlement Agree- ment (Land Act Application) Act, 1945-1950, 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 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: TO HAVE AND TO HOLD all and singular the

premises hereby granted together with all appurtenances

whatsoever thereunto belonging or in anywise appertaining

for an estate in fee simple: YIELDING and paying for the

same to Us, Our heirs and successors one peppercorn of

yearly rent on the twenty-fifth day of March in each year,

or so soon thereafter as the same shall be lawfully

demanded.

1950.] War Service Land Settlement Agree- [No. 41.

ment (Land Act Application).

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.