War Service Land Settlement and Closer Settlement (Amendment) Act 1950 (NSW)

WAR SERVICE LAND SETTLEMENT AND CLOSER

SETTLEMENT (AMENDMENT) ACT.

Act No. 27, 1950.

An Act to make further provision in relation to tho conversion of certain tenures into other ^

— ‘

tenures; to provide for the representation of parties before war service land settlement boards in certain cases; to extend the provisions relating to the forfeiture of certain holdings; to exclude certain tenures from the definition of “Crown lands” in section three of the Mining Act, 1906-1946; for these and other purposes to amend the Closer Settlement Amendment (Conversion) Act, 1943, the War Service Land Settlement Act, 1941, the Crown Lands Consolidation Act, 1913, and certain other Acts; and for purposes connected therewith. [Assented to, 16th May, 1950.]

T ) E it enacted by the King’s Most Excellent Majesty,

I f 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 title.

Settlement and Closer Settlement (Amendment) Act,

1950.”

2.	(1) The Closer Settlement Amendment (Conver­	Amendment
of Act No.

sion) Act, 1943, as amended by subsequent Acts, is	38,1943.
amended—

(a) by omitting from subsection one of section two Sec. 2.

the word “ forty-six” and by inserting in lieu	(Con­
thereof the word “ fifty-one” ;	version).

(b) by omitting from subsection one of section five Sec. 5.

the word “ forty-six” and by inserting in lieu	(Eeductioit
of rent.) '
thereof the word “ fifty-one”.

. ( 2).

344                  War Service Land Settlement and Closer Settlement

(Amendment) Act.

No. 27, 1950. (2) The Crown Lands (Amendment) Act, 1941, as Amendment amended by subsequent Acts, is amended by inserting of Act No.

66,1941.	next after subsection two of section three the following
Sec. 3.	new subsection:—
(Waiver of

interest and (2a) The provisions of subsection one of this

rent.)

section relating to interest shall apply to and in respect of any application by any person who is an applicant for the conversion of any settlement purchase or soldiers’ group purchase into a lease in perpetuity under section two of the Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts, where such application for conversion is made after the commencement of the War Service Land Settlement and Closer Settlement (Amendment) Act, 1950.

For the purposes of the application of the provisions of subsection one of this section as aforesaid subsection two of this section shall be deemed to be amended by omitting the word “ forty-six” wherever occurring and by inserting in lieu thereof the word “ fifty-one.”

Further	3 .	The Closer Settlement Amendment (Conversion)
amendment

of Act No.	Act, 1943, as amended by subsequent Acts, is further
38,1943.	amended—

Sec. 1.	(a) (i) by omitting from the matter relating to
title, com­

(Short	Part I in subsection four of section one the
mencement	letter and figure “ .9. 1” and by inserting in
and division
into Parts.)	lieu thereof the letters and figures
“ 5S. 1 -1 a ” ;

(ii)   by inserting in the matter relating to Part II in the same subsection after the word “ P u r c h a s e s ” where firstly occurring

the words “ T e n d e r P u r c h a s e s ” ;

Kewsec. 1a.	(b)	by inserting next after the same section the following new section:—
Interpreta­

tion. 1a. In this Act unless the context or subject

matter otherwise indicates or requires—

“ Tender purchase” means a purchase b y tender from the Crown of any land specified in the Schedule to this Act;

(c)

War Service Land Settlement and Closer Settlement 345

(Amendment) Act.

(c) by inserting in the heading to Part II after the ô. 27, 1950. word “ PuKCHASEs” where firstly occurring the P a r t ii .

words “ T e n d e r P u r c h a s e s ” ;(Short

heading.)

(d) (i) by inserting in subsection one of section two

Sec. 2.

(Conver­

after the word “ thirty-seven” the words	sion.)
“ O’" of any tender purchase” ;

(ii)   b̂ inserting in subsection five of the same section after the word “ purchase” where firstly occurring the words “ or tender purchase” ;

(iii)   by inserting in subsection eight of the same section after the word “ purchase” where secondly occurring the words “ or tender purchase” ;

(e) (i) by inserting in paragraph (a) of subsection See. 3.

one of section three after the word

rent.)

(Annual

“ purchase” where secondly occurring the

words “ or tender purchase” ;

(ii)   by inserting in subsection two of the same section after the word “ purchase” where thirdly occurring the words “ or tender purchase” ;

(f) by inserting in section fifteen after the word

Sec. 15.

(Forfeiture

“ purchase” where firstly, ninthly, thirteenthly,

of leases

fifteenthly and sevonteenthly occurring the

subject to securities

words “ or tender purchase” ;

held by

Rural

Bank.)

(g)	by inserting at the end thereof the following	Schedule.
Schedule:—

SCHEDULE. Sec. lA.

Land Portion

County. Parish. Area.

District. Numbers.

a. r. p ,

Y oung M onteagle B a x te r ... 196 60 2 0

Y oung M onteagle B urrangong ... 302, 303 93 1 10

Y oung M onteagle B urrangong ... 70, 318 64 0 35

Y oung M onteagle W am banum ba 392, 393 128 2 0

Y oung M onteagle B a x te r ... 191, 209 78 2 0

Y oung H ard en W ilkie ... 299 59 3 0

346                  War Service Land Settlement and Closer Settlement

(Amendment) Act.

No. 27, 1950. 4 ̂ The Closer Settlement Amendment (Conversion)

Further	Act, 1943, as amended by subsequent Acts, is further
of Act No.	amended—

New see. 2a. (^) inserting next after section two the following new section:—

Conversion	2a. (1) Subject to regulations made under the
of settle­

ment pur­	Closer Settlement Acts in that regard the holder
chases taken	or the owner (subject to mortgage) of any settle­
up on or
after 15th	ment purchase the title to which commenced on
December,	or after the fifteenth day of December, one
1937.	thousand nine hundred and thirty-seven, may apply within the time prescribed by such regula­ tions to convert such purchase into a lease in perpetuity.
(2) The provisions of subsections two, three, four, five, seven and eight of section two of this Act shall apply to and in respect of an application under this section.
(3) The annual rent for a settlement purchase lease which is a conversion of a settlement purchase under this section shall be as prescribed by regulations made under the Closer Settlement Acts.
(4) Save as provided in this section or in regulations made under the Closer Settlement Acts, the general provisions of this Act relating to settlement purchase leases shall apply to settlement purchase leases which are conver­ sions of settlement purchases under this section.

Sec. 3. (b) by inserting in subsection one of section three

(Annual	next after the word “ lease” where firstly
rent.)	occurring the words “ (other than a settlement purchase lease which is a conversion of a settlement purchase the title to which commenced on or after the fifteenth day of December, one thousand nine hundred and thirty-seven).”

o.

War Service Land Settlement and Closer Settlement 347

(Amendment) Act.

5 . (1) (a) The Closer Settlement Amendment (Con- ô. 27, 1950.

version) Act, 1943, as amended by subsequent Acts, is Further

amendment

further amended—

of Act No.

38, 1943.

(i) by inserting in paragraph (a) of subsection one

Sec. 9p.

(Vesting o f

of section 9f after the word “ purpose” where

land in

thirdly occurring the words ‘ ‘ or any lands which

applicant.)

the htinister considers should be excluded for

any reason” ;

(ii)   by omitting from paragraph (f) of the same subsection the words “ deemed by the Minister to be necessary for any purpose which he considers to be a community purpose and which are” .

(b) The amendments made by paragraph (a) of this subsection shall be deemed to have commenced upon the seventeenth day of January, one thousand nine hundred and forty-six.

Amendment

(2) The War Service Land Settlement Act, 1941, of Act No.

as amended by subsequent Acts, is amended— 43,1941.

(a) (i) by inserting in subsection four of section 2a

Sec. 2a.

(War Ser­

after the word “ not” the words “ where the	vice Land
matter before the board is an application	Settlement
for land set apart under section three or	Boards.)
section 3a of this Act” ;

(ii)   by omitting from subsection five of the same section the words “ or any decision or recommendation of any such board, chair­ man or members,” wherever occurring;

(iii)   by inserting at the end of the same section the following new subsection:—

(6) The provisions of section seven of the Closer Settlement (Amendment) Act, 1914, as amended by subsequent Acts, shall, mutatis mutandis, apply to any decision or recommendation or report of any war

. service land settlement board, or chairman of a war service land settlement board, and the provisions of section nineteen of the Cro^vn Lands Consolidation Act, 1913, as amended by subsequent Acts, shall, mutatis mutandis, apply to any decision, other than

a

348                 War Service Land Settlement and Closer Settlement

(Amendment) Act.

No. 27, 1950.	a decision in respect of an application for land set apart under section three or section
3a of this Act, or recommendation or report
as aforesaid.

Sec. 8c.	(b) by omitting subsection six of section 8c and by
and other

(Advances	inserting in lieu thereof the following sub­
assistance	sections :—
to settlers

u d e r this (6) Where the Minister is of opinion that any

Act.) moneys advanced under this Act, or any advances transferred under this section, have not been applied for the purpose for which such moneys were advanced or such advances trans­ ferred, or that such moneys or advances have been expended in a careless or extravagant manner, or that any plant, equipment, imple­ ment c:̂ livestock supplied in pursuance of this

■

Act, or the land with respect to which the moneys

:

were advanced, or the advances transferred, or any improvements on such land, are being neglected, he may refuse to pay any further instalments of the advance, or to make any further advances, and, if he so declares by a notification in the Gazette all moneys already advanced or all advances transferred, together with interest thereon, shall become immediately due and payable and may be recovered as a Crown debt.

( 6 a ) Where the Minister is of opinion after

report by a war service land settlement board that any moneys advanced under this Act or

- any advances transferred under this section have not been applied for the purpose for Avhich such moneys were advanced, or such advances transferred, or that such moneys or advances have been expended in a careless or extravagant manner, or that any plant, equip­ ment, implement or livestock supplied in pursuance of this Act, or the land with respect to which the moneys were advanced, or the advances transferred, or any improvements on such land, are being neglected, he may by

notification

War Service Land Settlement and Closer Settlement 349

(Amendment) Act.

notification in the Gazette declare such land	7̂, 1950.
forfeited to the Crown, together with all moneys paid thereon and all improvements on the land.
By notification in the Gazette the Minister may reverse any forfeiture under this sub­ section.
Upon foi'feiture, the title to the land shall vest in His Majesty the King, and the land shall not be open to any application until again notified for the purpose.

(3) (a) The Mining Act, 1906-1946, is amended— Amendment

of Act No.

49,1906.

(i) by omitting from paragraph (a) of the definition

Sec. 3.

(Interpreta-

of “ Crown lands” in section three the word and	tion.)
symbols “ paragraph ( f ) ” and by inserting in lieu thereof the words and symbols “ paragraphs (f) and (h)” ;

(ii)   by inserting at the end of the same definition the following new paragraph:—

(h) lands subject to a lease granted under

the Closer Settlement Acts or the Returned Soldiers Settlement Act, 1916, as amended by subsequent Acts,

(b) The amendments made by paragraph (a) of this subsection shall be deemed to have commenced upon the sixth day of March, one thousand nine hundred and forty-four.

(4) The Closer Settlement (Amendment) Act, 1907,	of Act No.
Amendment

as amended by subsequent Acts, is amended by inserting

12, 1907.

at the end of section four the following new subsection:—

Sec. 4.

(Power to

(5) Where in pursuance of subsection four of this purchase or

section the price recommended or value assessed by	resume
an advisory board or the value determined by tlie	laud.)
Land and Valuation Court relates to any land which forms part of the land described in the Schedules to the Murrumbidgee Irrigation Area Resumption Act, 1910, as amended by subsequent Acts, such board or the Land and Valuation Court as the case may he, in arriving at such price or value, shall exclude any

added

350                   Supply Act.

No. 27, 1950. added value which after the commencement of t h e Barren Jack Dam and Murrumbidgee Canals Construction Act, 1906, may have accrued or may accrue to the land from the construction of any works under such lastmentioned Act.

Amendment ( 5 ) The Crown Lands Consolidation Act, 191 3 , as

7*1913 °̂" '̂I’l^nded by subsequent Acts, is amended by inserting at

See. 145 subsection one of section one hundred and

(Conversion forty-five the words and figures “ or to an irrigation farm of I.F.L. lease or a non-irrigable lease granted in respect of lands

etc.) ’ ’	®6t apart for disposal in accordance with the provisions of section three of the War Service Land Settlement Act,
1 9 4 1 , as amended by subsequent Acts.”