War Service Land Settlement and Closer Settlement (Amendment) Act 1947 (NSW)
W AR SERVICE LAND SETTLEMENT AND CLOSER SETTLEMENT (AMENDMENT) ACT.
A et Xo. 15, 1947,
cooTgevi. An Act to make further provision for and in
| N o . 1 ^ 1 9 4 7 . | relation to tlie settlement on the land of members or discharged members of His Majesty’s Ka\'ab Militaiy, or Air Forces and other eligible persons; to reduce the value of land viiich an owner may retain upon resumption for closer settlement; to reduce the maximum period during which an owmer may remain in occupation following resump tion of his property; for these and other purposes to amend the War Service Land Settlement Act, LI41, as amended by subsequent Acts, the Closer Settlement Acts and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 28th March, 1047.] |
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| War Service Land Settlement and Closer Settlement | 139 |
(Amendment) Act.
T )E it enacted by tin; King’s Most Excellent Majesty, | j by and with tlic ad\'ice 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 and Closer Settlement (Amendment) Act, ' ' ’
1947.”
2 . (1) The Closer Settlement Amendment (Conver
sion) Act, 1943, as amended by subsequent Acts, is as. iw3.
amended—
(a) (i) by omitting from subsection one of section S e c .9 a.
9a the word “ three” and by inserting in lieu
| thereof the word “ one” ; | Minister to |
. . \ . . 1 • i? i. I acquire
| (ii) |
by msertiiii^ in the same subsection atter the private or” ;
(iii) by omitting from the same subsection the words “ who desire” and by inserting in lieu thereof the words “ who desires or desire” ;
(iv) by inserting at the end of the same subsec tion the following paragraph :—
For the purposes of this subsection:—
| (a) | laud held hy joint owners or tenants- in common shall be deemed to be land held by the one owner; |
| (b) | separate parcels of land which adjoin or are adjacent to one another and are held by different owners but— |
(i) are worked by or on behalf of or leased to a company or- partnership of which such owners or any of them are members; or
(ii) in the opinion of the Minister after report hy an advisory board are occupied, con trolled or used substantially
in
140 War Service Land Settlement and Closer Settlement
(Amendment) Act.
| Ne; 15, 1947. | in the interests of one of such owners, |
shall be deemed to be land held
by the one owner;
| (b) | by inserting next after the same subsection the following new subsection:— |
(1a) An application under this section hy one person shall not be entertained by the Minister unless he is satisfied that the land the subject of such application forms part of a property which is capable of subdivision into not less than two home maintenance areas;
| (c) | by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:— |
(3) Where in any such application the number of the original applicants is more than one and such number is for any cause reduced or increased the application may with the consent of the Minister be proceeded with notwithstand ing such reduction or increase in number.
Sec. 9p.
| (Vesting of | (d) by inserting in paragraph (a) of subsection |
| land in |
| applicant.) | one of section 9f after the word “ shall” the words “ where necessary.” |
| (2) | Sub-paragraph (iv) of paragraph (a) of sub |
section one of this section shall be deemed to have com menced on the seventeenth day of January, one' thousand nine hundred and forty-six.
| Amendment of | 3. | (1) The Closer Settlement (Amendment) Act, |
| Act No. 12, |
1907. 1907, as amended by subsequent Acts, is amended—
| Sec. 10a. |
| (Ref^nniption | (a) by omitting from section 10a the words “ twelve |
| may be | months” and by inserting in lieu thereof the |
| discontinued, | |
| by the | words “ six months or such further period or |
| Minister.) | |
| periods as may be approved by the Minister” ; |
| Sec. 12. | (b) by omitting from paragraph (b) of the proviso |
| (Right of |
| owner to | to section twelve the word “ twenty” and by |
| require con | |
| tiguous land | inserting in lieu thereof the word “ fourteen” ; |
| to be | |
| resumed.) |
| Sec. 13. | (c) by omitting from subsection one of section thir |
| (Retainer by |
| owner of | teen the word “ twenty” and by inserting in lieu | ||
| part of land | |||
| 'resumed.) |
|
| War Service Land Settlement and Closer Settlement | 141 |
(Amendment) Act.
(2) The amendments made by paragraphs (b) and No. 15, 19«.
(c) of subsection one of this section shall apply in any case where a proclamation (not being a proclamation under section five of the Closer Settlement (Amendment) Act, 1907) notifying that the Glovernor proposes to consider the advisableness of acquiring land for the purposes of closer settlement has been published in the Gazette before the commencement of this Act as well as in any case where such a proclamation has been so published after such commencement.
| 4 . | The War Service Land Settlement Act, 1941, as | Amendment of |
| Act No. 43, |
| amended by snbsequent Acts, is amended— | 1941. |
| (a) (i) by omitting from snbsection four of section | Sec. 8C. |
| 8c the words “ by the Minister” ; | and other |
| (Advances |
| (ii) | by omitting from the same subsection the | assistance to settlers |
| word “ him” and by inserting in lieu thereof | under this | |
| the words “ the Minister” ; | Act.) | |
| (iii) | by omitting from the same subsection the words “ as may be prescribed” and by inserting in lieu thereof the words “ as he may by writing under his hand appoint” ; | |
| (iv) | by inserting in subsection five of the same section after the word “ declared” the words “ by the Minister” ; |
| (b) by inserting next after section 8n the following new section:— | New sec. |
| 8dd. |
8 d d . (1) The Minister may, in relation to any Delegation
| particular matter or class of matters, by writing | powers, |
| under his hand delegate to the Eural Bank of New South Wales all or any of his powers or functions under subsections one, two, four, five, six and seven of section 8c or under subsection, one of section 8n of this Act so that the delegated powers or functions may be exercised by the Eural Bank of New South Wales with respect to the matter or class of matters specified in the instrument of delegation. | |
| Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function |
| by the Minister. | Where |
142 War Service Land Settlement and Closer Settlement
(Amendment) Act.
| No. 15, 1947. | "Wliore in any of the aforesaid subsections the exercise of any power or function by the Minister or the operation of any provision of any such subsection is dependent upon the opinion, belief or state of mind of the Minister in relation to any matter, that power or function may be exercised by the delegate or that pro vision may operate, as the case may be, upon the opinion, belief or state of mind of ther delegate in relation to that matter. |
| (2) The provisions of section sixty-nine- of the Government Savings Bank Act, 1906, as amended hy subsequent Acts, shall not apply in respect of any advance made by the Minister or the Bank or in res]'»eet of any mortgage, lien or charge in favour of the Bank, in pursuance of the provisions of this section and section 8c of this Act. | |
| (3) “ Minister” in this section in the case of lands within an irrigation area, or advances to a holder of land within an irrigation area, shall be read as Minister for the time being charged with the administration of the Irrigation Act, 1912-1946. |
| Further | 5. | (1) The Closer Settlement Amendment (Conver |
| amendment of | ||
| Act No. 88, |
1943. sion) Act, 1943, as amended by subsequent Acts, is further amended—
| Sec. 9. |
| (Closer | (a) by omitting from paragraph (a) of subsection- |
| Settlement | two of section nine the word “ application” and |
| Leases.) | hy inserting in lieu thereof the words “ commencement of title” ; |
| Sec. 9p. | . | (b) (i) by inserting at the end of subsection one |
| (Vesting of |
| land in | of section 9f the following new paragraph:—• |
| applicant.) | (e) | The Minister may at any time by notification in the Gazette modify, alter or revoke any notification under paragraph (c) of this sub section ; |
(ii) hy inserting at the end of subsection two of the same section the words “ and the words ‘allowance of the application’ in paragraph
(b)
| War Service Land Settlement and Closer Settlement | 143 |
(Amendment) Act.
| • | (b) of subsection two of section nine of tbis No. 15, 1947. Act sliall be read as ‘commencement of title’ |
| (c) by insertin.c: in section 10a after the | w o r d Sec. lOi. |
„ (Payment for
| ■ | “ seven” the words “ or subsection | O llG | 0 1 | improvement!.) |
| section 9f ” ; |
| (d) | by insei'ting' next after section thirteen the New sec. following new section:— |
13a. Where in pursuance of the provisions of Surrender
| section thirteen of this Act the holder of any | of leases. |
| : | settlement purchase lease or gi'oup purchase lease or closer settlement lease surrenders the whole or part thereof the land so surrendered shall thereafter be dealt with and disposed of under the ])rovisions of this Act or the Closer Settlement Acts, or set apart and disposed of |
| ; | under section three of the War Service Land Settlement Act, 1941, as amended by subsequent Acts, and in no other way. |
The land shall not be opeii to any application
until again notified for the purpose.
(2) Subsection one of this section shall be deemed to have commenced on the seventeenth day of January, one thousand nine hundred and forty-six.
| 6 . | (1) The War Service Land Settlement Act, 1941, | Further |
| ameiidnient of |
| as amended by subsequent Acts, is further amended— | Act No. 43, |
| 1941. |
| (a) (i) by inserting in the definition of “ Discharged member of the forces” in subsection one of | Sec. 2. (Defini |
| tions.) |
section two after the word “ discharge” where firstly occurring the words “ or for any other reason has ceased to be engaged on war service” ;
(ii) by inserting in the same definition after the word “ discharge” where secondly occurring the words “ or whose ceasing to be engaged on war service” ;
| (b) (i) by inserting in paragraph (b) of subsection three of section four after tlie word “ dis | Sec. 4. (Classifica |
| tion |
| charge” the words “ or for any other reason | Committee.) |
| has ceased to be engaged on war service” ; |
(ii)
144 War Service Land Settlement and Closer Settlement
(Amendment) Act.
| Ho. 15, 1947. | (ii) | by inserting at the end of the same- paragraph the following words :— |
| “ Xothing in this paragraph shall affect the right of any person to apply for land set apart to be disposed of in accordance with section three of this Act” ; | ||
| Subst. |
| sec. 8b. | (c) by omitting section 8ii and by inserting in lieu; thereof the following section:—■ |
| Develop |
| ment of | 8b. The Minister may expend moneys in. |
| lands for | effecting improvements on, constructing roads |
| War Service | |
| Land | of access to, or otherwise preparing farms,, |
| Settlement. | blocks or areas for settlement either before or after their being set apart to be disposed of in accordance with section three of this Act, or after their disposal under that section. He may also expend moneys for the like purposes in respect of lands purchased under section 9d of the Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts,, either before or after the vesting of the land in the applicant under section 9f of such Act,, as so amended. |
| The amount which he may expend upon the erection of a dwelling shall not exceed seven hundred and fifty pounds or such greater amount, as he may in special circumstances determine, in respect of any one such farm or block; and the erection may be deferred until after disposal or vesting of the land, as the case may be. | |
| Provided that where the improvements are effected or the dwelling erected after disposal or vesting of the land, as the case may be, the holder shall become liable to the Crown for all payments in respect thereof, and in like manner, as he would have been required by law to make if such improvements had been effected or dwelling erected prior to disposal or vesting; but the first of such payments shall not become due until a date to be determined by the Minister, such date being not later than the date on which |
the
| War Service Land Settlement and Closer Settlement | 145 |
(Amendment) Act.
the first payment would have become due if the holder’s title to the holding had commenced on the day next succeeding the day on which the improvements or erection of the dwelling, as the case ma}' be, were completed.
“ Minister” in this section in the case of lands within an Irrigation Area shall be read as Minister for the time being charged with the administration of the Irrigation Act, 1912-1946.
| i | (d) | by inserting next after section 8e the following New new section :— |
8f . An application whether made before or with-
after the commencement of the War Service of appuca-
Land Settlement and Closer Settlement (Amend- tions.
| ’ | ment) Act, 1947, by a member of the forces or cf.A ctN o. | |
| ||
| person for any area of land set apart under sec tion three of this Act, may, with the permission of the Minister,, or in the case of land witliin an irrigation area, of the Water Conservation and Irrigation Commission, be withdrawn before or | ||
| , | after the confirmation, granting or allowance thereof. | |
| Provided that any such withdrawal shall not be permitt(3d unless applied for before the expiration of twelve months, or in the case of land within an irrigation area before the expira tion of three months, after the confirmation or granting or allowance of the application. | ||
| Where an application has been withdrawn pursuant to this section the Minister or the Water Conservation and Irrigation Commission, as the case may be, may grant a refund of the whole or part of the moneys paid hy the appli cant in connection with such land. |
(2) Subsection one of this section shall be deemed to have commenced on the seventeenth day of January, one thousand nine hundred and forty-six.
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