War Service Land Settlement and Closer Settlement (Amendment) Act 1955 (NSW)
WAR SERVICE LAND SETTLEMENT AND CLOSER
SETTLEMENT (AMENDMENT) ACT.
Act No. 54, 1955.
An Act to make further provision in relation to the Elizabeth ii,
assessment or determination of the value of land to be acquired for the purposes of settle m ent; to extend the class of improvements on closer settlem ent leases to be paid for by an incoming tenant; to make provision for the distribution of costs of improvements effected on land acquired for settlem en t; for these and other purposes to amend the Closer Settlement Acts, the Crown Lands Consolida tion Act, 1913, the War Service Land Settle ment Act, 1941, and certain other Acts in certain respects; to validate certain m atters; and for purposes connected therewith.
| [Assented to, 13th December, 1955.] | gp |
520 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
T>E it enacted by the Queen’s Most Excellent Majesty,
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 :—
| Short title. | 1. This Act may be cited as the “ War Service Land |
Settlement and Closer Settlement (Amendment) Act,
1955.”
| Amendment | 2 . (1) The Closer Settlement (Amendment) Act, 1907, |
| Act No | amended by subsequent Acts, is amended— |
| 1907. | ’ | ’ |
| Seo. 3. |
| (Report by | (a) (i) by inserting at the end of paragraph (a) of subsection one of section three the words ‘ ‘ and what land the board recommends to be so acquired” ; |
| board.) |
(ii) by omitting paragraphs (b), (c) and (d) of the same subsection and by inserting in lieu thereof the following paragraph:—
| (b) | Where the owner has within the time specified by the board agreed in writing with the board as to the price or compensation to be paid in respect of any land which the board recom mends to bo acquired, the price or compensation agreed upon between the owner and the board; or where the owner has not so agreed, the board’s assessment of the fair market value of such land. |
(iii) by inserting in paragraph (e) of the same subsection after the words “ the land” wherever occurring the words “ which the board recommends to be acquired” ;
(iv) by omitting from subsection three of the same section the words “ estimated value” where firstly occurring and by inserting in lieu thereof the words “ fair market value” ;
(v)
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(Amendment) Act.
No. 54, 1955.
(v) by omitting from the same subsection the words “ estimated value is to be made” and by inserting in lieu thereof the words “ fair market value is to be assessed” ;
(vi) by omitting from subsection four of the same section the words “ estimated value” where- ever occurring and by inserting in lieu thereof the words “ fair market value” ;
(b) (i) by inserting in subsection one of section four soc. i.
after the word “ suitable” the words “ and (Uowerto
| is recommended by such advisory board” • | ’ resume |
| land.) |
(ii) by omitting from subsection three of the same section the words “ This subsection shall not apply in respect of any resumption where the owner has agreed not to claim compensation in excess of the value of the land as assessed by an advisory board” and by inserting in lieu thereof the words ‘ ‘ This subsection shall not apply in respect of any resumption where the owner has agreed in writing with an advisory board as to the compensation to be paid” ;
(iii) by omitting subsection four of the same section and by inserting in lieu thereof the following subsection:—
(4) (a) The price to be paid in respect of any such purchase shall be the price agreed upon in writing between the owner and an advisory board.
(b) The compensation to be paid in respect of any such resumption shall, unless an agreement is entered into under section eleven of this Act, be—
(i) where the owner has within the time specified by an advisory board agreed in writing with the advisory board as to the compensation to be paid—the the amount so agreed upon;
(ii)
522 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
(ii) where the owner has not so agreed— the fair market value of the land as assessed by an advisory board, or where an appeal has been made in terms of section nine of this Act, the fair market value of the land as determined by the Land and Valua tion Court.
(iv) by omitting from subsection five of the same section the words “ Where in pursuance of subsection four of this section the price recommended or value assessed by an advisory board or the value determined by the Land and Valuation Court” and by insei’ting in lieu thereof the words “ Where the price or compensation agreed upon between the owner and an advisory board or the fair market value assessed by an advisor}^ board or determined by the Land and Valuation Court” ;
(v) by omitting from the same subsection the words “ such price or value” and by insert ing in lieu thereof the words ‘ ‘ such price or compensation or value” ;
| See. 5. | (c) (i) by omitting paragraph (e) of subsection |
| (Lands | seven of section five and by inserting in lieu |
| within | |
| fifteen | thereof the following paragraph:— |
| miles of |
| proposed | (e) The compensation to be paid on any |
| lands to |
| railway and | such resumption shall, unless an |
| which added | agreement is entered into under |
| value | |
| accrues | section eleven of this Act, be— |
| by reason of | |
| public | (i) where the owner has within the time specified by an advisory board agreed in writing with the advisory board as to the com pensation to be paid—the amount so agreed upon; |
| works.) |
| ' | (ii) |
| War Service Land Settlement and Closer Settlement | 523 |
(Amendment) Act.
No. 54, 1955.
(ii) where the owner has not so agreed—the fair market value of the land as assessed by an advisory hoax’d, or where an appeal has been made in terms of section nine of this Act, the fair market value of the land as determined by the Land and Valuation Court.
(ii) by omitting from paragraph (f) of the same subsection the words “ Provided further that where any such purchase or resumption is made for the purposes of section three of the War Service Land Settlement Act, 1941, as amended by subsequent Acts, the following provisions shall apply:—
(i) in the case of any purchase, or any resumption where the owner has agreed not to claim compensation in excess of the value of the land as assessed by an advisory board, the price or value assessed under this paragraph shall not exceed by more than fifteen per centum the price or value which would have been assessed under this paragraph in respect of an identical purchase or resumption as at the tenth day of February, one thousand nine hundred and forty- two, excepting the value of any improvements etfected on such land since that date;
(ii) in the case of any resumption, other than a resumption w’here the owner has agreed not to claim compensation in excess of the value of the land as assessed by an advisory board, the value assessed or determined under this paragraph shall not exceed the
value
524 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
value which would have been so assessed or determined in respect of an identical resumption as at the tenth day of February, one thousand nine hundred and forty-two, except ing the value of any improvements effected on such land since that date.
In the case of any such purchase or resumption a recital or other appropriate statement in the instrument of conveyance or surrender or in the notification in the Gazette of the resumption, as the case may be, to the effect that the purchase or resumption is made for the purposes of section three of the War Service Land Settlement Act, 1941, as amended by sub sequent Acts, shall be conclusive evidence that the purchase or resumption is made for such purposes, and the provisions of subparagraph (i) or (ii) of the immediately preceding proviso, as the case may be, shall apply accordingly.”
| Sec. 8. | (d) by omitting paragraph (b) of subsection one of |
| (Eestrie- | section eight; |
| tions on right of resumption.) |
| Sec. 9. | (e) (i) by omitting subsection one of section nine |
| (Appeal to | and by inserting in lieu thereof the follow |
| Land and | |
| Valuation | ing subsection:— |
| Court.) | |
| (1) Where any land is resumed under this Act any owner of such land who has not agreed in writing with an advisory board as to the compensation to be paid in respect of such resumption and who is dissatisfied with the fair market value of the land as assessed by an advisory board may appeal to the Land and Valuation Court against such assessment in accordance with rules of court of that Court. |
(ii)
| War Service Land Settlement and Closer Settlement | 525 |
(Amendment) Act.
No. 54, 1955.
(ii) by inserting at the end of the same section the following new subsection:—
(3) On any such appeal the Land and Valuation Court shall have regard to the matters referred to in subsection three of section three of this Act.
| (f) | by omitting paragraph (b) of the proviso toscc. 12. | |
|
requ ire
contipTUOus
land to be
| (g) | thirteen the words “ fourteen thousand pounds” (Eetainerby and by inserting in lieu thereof the words “ twenty thousand pounds or in any case resumed.) | by omitting from subsection one of section ggg 13̂ an advisory board fixes a greater amount than twenty thousand pounds, such greater amount” . |
| (2) | The Crown Lands Consolidation Act, 1913, as Amendment |
amended by subsequent Acts, is amended—
| (a) | by omitting the proviso to section 147b and bysec. 147e. inserting in lieu thereof the following proviso:— (Valuation.) |
Provided that any such valuation shall not exceed a valuation which in the opinion of the Commission would permit a competent settler to succeed under the war service land settlement scheme in operation at the time of such valuation nor exceed the fair market value of the land, whichever is the lesser.
(b) (i) by om itting from section 147g the words see. 147q. “ the Minister, on being satisfied” and by (Purchase inserting in lieu thereof the words “ and
the Commission reports” ;
(ii) by omitting paragraph (d) of the same section and by inserting in lieu thereof the following paragraph and words:—
“ (d) in the opinion of the Commission the price is not in excess of a price at which a competent settler could succeed under the war service land settlement scheme in operation
at
526 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
at the time of such report nor in excess of the fair market value of the land, whichever is the lesser,
the Minister” ;
| Sec. 197. | (c) (i) by omitting from subsection one of section |
| resumptions |
| (Exelianges, | one hundred and ninety-seven the words |
| and | “ for the purpose of disposal in pursuance |
| purchases | |
| for public | of the provisions of subsection one of |
| purposes.) | section three of the War Service Land Settlement Act, 1941, as amended by sub sequent Acts” and by inserting in lieu thereof the words “ for the purposes of section three of the War Service Land Settlement Act, 1941, as amended by sub sequent Acts, or Part I V a of the Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts” ; |
(ii) by omitting from the same subsection the words “ The price” and by inserting in lieu thereof the words “ Except as hereinafter provided the price” ;
(iii) by inserting in subsection two of the same section after the words “ local land board” the words “ or an advisory board” ;
(iv) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection;—
| (3) | Where in pursuance of this section |
any land is acquiied or proposed to be acquired for the purposes of section three of the War Service Land Settlement Act, 1941, as amended by subsequent Acts, or Part IVa of the Closer Settlement Amend ment (Conversion) Act, 1943, as amended by subsequent Acts, the following provisions shall apply:—
Ca) where the acquisition is by way
of purchase the price to be paid in
respect
| War Service Land Settlement and Closer Settlement | 527 |
(Amendment) Act.
No. 54, 1955.
respect of such purchase shall not exceed the fair market value of the land as determined fey an advisory board;
| (b) | where the acquisition is by way of resumption the compensation to be paid in respect of such resumption shall be— |
(i) where the owner has within the time specified by an advisory board agreed in writing with the advisory board as to the compensa tion to be paid—the amount so agreed upon;
(ii) where the owner has not so agreed — the fair market value of the land as deter mined by an advisory board or the Land and Valuation Court on appeal;
| (c) | the provisions of sections nine and ten of the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts, shall mutatis mutandis apply to and in respect of any resumption to which subparagraph (ii) of para graph (b) of this subsection applies. |
(v) by omitting from subsection four of the same section the words “ the proviso to” ;
(vi) by omitting paragraph (d) of subsection five of the same section;
(vii) by omitting paragraph (h) of the same subsection;
(viii)
528 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
(viii) by inserting at the end of the same section the following new subsection:—
(7) In this section the expression “ advisory board” means a Closer Settle ment Advisory Board constituted under section two of the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts.
| Amendment | (3) The Closer Settlement Amendment (Conver- |
| ActNo 38 | 1943, as amended by subsequent Acts, is |
| 1943. ’ ’ amended— |
| Sec. 9b. | (a) by omitting the proviso to section 9b and by |
| (Valuation.) | inserting in lieu thereof the following proviso:— Provided that any such valuation shall not exceed a valuation wluch in the opinion of such board would permit a competent settler to succeed under the war service land settlement scheme in operation at the time of such valua tion nor exceed the fair market value of the land, |
| whichever is the lesser. |
| Sec. 9d. | (b) (i) by omitting from section 9d the words “ the |
| (Purchase | Minister, on being satisfied” and by insert |
| of land.) | ing in lieu thereof the words “ and an advisory board reports” ; |
(ii) by omitting paragraph (d) of the same section and by inserting in lieu thereof the followdng paragraph and words:—
“ (d) that in the opinion of the board the price is not in excess of a price at which a competent settler could succeed under the war service land settlement scheme in operation at the time of such report nor in excess of the fair market value of the land, whichever is the lessor.
the Minister’
(c)
| War Service Land SeUlement and Closer Settlement | 52!) |
(Amendment) Act.
| _ | . | No 54, 1955. |
| (c) by omitting the proviso to section 9i and by inserting in lieu thereof the following proviso:— See. 9i. | ---- |
Provided that any such valuation shall not C'̂ »̂'uation.)
exceed a valuation which in the opinion of such board would permit a competent settler to succeed under the war service land settlement scheme in operation at the time of such valuation nor exceed the fair market value of the land, whichever is the lesser.
(d) (i) by omitting from subsection one of section seo. 9k.
9k the words “ the Minister, on being satis- (Approval
tied” and by inserting in lieu thereof the words “ and an advisory board reports” ;
(ii) by omitting paragraph (d) of the same sub section and by inserting in lieu thereof the following paragraph:—
| (d) | that in the opinion of the board the price is not in excess of a price at which a competent settler could succeed under the war service land settlement scheme in operation at the time of such report nor in excess of the fair market value of the land, whichever is the lesser; |
(iii) by inserting in the same subsection im mediately before the words “ may approve of an advance” the words “ the Minister” .
| (4) | The amendments made by subsections one, t,wo |
and three of this section shall not extend to nor affect the price or compensation payable for any land purchased or resumed before the commencement of this Act or any action, suit, proceeding, matter or thing pend ing or uncompleted at such commencement in respect of any resumption effected before such commencem(mt. The price or compensation payable for any land pur chased or resumed before the commencement of Ibis Act shall be the price or compensation which would have been payable had such amendments not been made, and any action, suit, proceeding, matter or thing pending or uncompleted at such commencement in respect of any resumption effected before such commencement may be continued and completed as if such amendments had not
| been made. | ,‘J. |
530 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
Further Closer Settlement Amendment (Conver- ameudment sion) Act, 1943, as amended by subsequent Acts, is
| Act No. 38, | further amended— |
1943. _
| ggj. 7 | (a) (i) by omitting from paragraph (a) of sub- “ improvements thereon” and hy inserting in lieu thereof the words “ and other improvements which the Minister on the recommendation of an advisory board determines should be paid for by an incom ing tenant” ; |
| (Setting | section two of section seven the words |
| apart.) |
(ii) by inserting in the same paragraph after the word “ structural” where secondly occurring the words “ and other” ;
(iii) hy omitting the proviso to the same para graph and by inserting in lieu thereof the following proviso:—•
Provided that any such conditions or restrictions may upon application made as prescribed by regulations made under the Closer Settlement Acts and for sufficient cause be varied modified or revoked by the Minister upon the recommendation of an advisory board, or without application as aforesaid may with the consent of the holder he added to oy the Minister on the like recommendation.
(iv) by inserting in paragraph (d) of the same subsection after the word “ structural” the words “ and other” ;
| See. 9p. | (b) (i) by omitting from paragraph (c) of sub provements thereon” and hy inserting in lieu thereof the words “ and any other improvements ivhich the Minister on the recommendation of an advisory board determines should he paid for by an incom ing tenant” ; |
| (Vesting of | section one of section 9r the words “ im |
| land in | |
| applicant.) |
(ii)
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(Amendment) Act.
No. 54, 1955.
(ii) by inserting in the same paragraph after the word “ structnral” where secondly occurring the words “ and other” ;
(iii) by omitting from the same paragraph the words “ Provided that any such condition or restriction may upon application made as prescribed by regulations made under the Closer Settlement Acts and for sufficient cause be modihed by the Minister upon the recommendation of an advisory board” and by inserting in lieu thereof the Avords “ Provided that any such conditions or restrictions may upon application made as prescribed by regulations made under the Closer Settlement Acts and for sufficient cause be varied modified or revoked by the Minister upon the recommendation of an advisory board, or without application as aforesaid may with the consent of the holder be added to by the Minister on the like recommendation ’
(iv) by inserting in paragraph (dl) of the same subsection after the word “ structural” the words “ and other” ;
| (c) | by inserting in section 10a after the wordsec. ioa. | |
|
| (2) | The War Service Land Settlement Act, 1941, Amendment |
| as amended by subsequent Acts, is amended— | Act No 43 | ||
|
| (a) | by inserting in paragraph (c) of subsection one See. So. of section 8 d after the word “ structural” the (Assistance | |
| ||
| (b) | by inserting in paragraph (e) of subsection tAvo of the same section after the Avmrd “ structural” the AA'ords “ and other” . |
(3)
532 War Service Land Settlement and Closer Settlement
(Amendment) Act.
Ho. 54, 1955,
| (3) | Subparagraphs (i) (ii) and (iv) of paragraphs |
(a) and (b) of subsection one of this section and sub section tivo of this section shall be deemed to have commenced upon the seventeenth day of January, one thousand nine hundred and forty-six.
Further
| anjendment | 4 . (1) The Closer Settlement (Amendment) Act, |
| of | 1907, as amended by subsequent Acts, is further |
| Act No. 12, | |
| 1907. | amended— |
| See. 5. | (a) by omitting from paragraph (f) of subsection |
| (Lands |
| within | seven of section five the words “ subsections |
| fifteen | three and four of this section” and by inserting |
| miles | |
| of proposed | in lieu thereof the words “ subsections three, |
| railway and | (3a), four and (4a) of this section” ; |
| lands to | |
| which added |
| value accrues | (b) by inserting at the end of the same paragraph “ In this paragraph the expression ‘added value’ in relation to land in a domestic and stock water supply and irrigation district (whether provisional or not) includes and shall be deemed always to have included any additional value which would accrue or is likely to accrue or has accrued to such land from the inclusion of such land in the district or from the attachment to such land of water rights or any other rights under the provisions of the Water Act, 1912, as amended by subsequent Acts, or from the actual or prospective enjoyment of water rights or other such rights.” |
| by reason of | the words— |
| public | |
| works.) |
(2) Paragraph (a) of subsection one of this section shall be deemed to have commenced on the seventh day of December, one thousand nine hundred and fifty-one.
| Further | 5. (1) The War Service Land Settlement Act, 1941, as |
| amendment |
| of | amended by subsequent Acts, is further amended— |
| Act No. 43, 1941. |
(a) (i) by omitting from section 8 b the words—
| Sec. | 8b . |
| ment |
| (Develop | “ Provided that where the improvements |
| of lands for | or the roads of access or the preparation |
| war service | |
| land | otherwise of the farms, blocks or areas for |
| settlement.) | settlement or the erection of the dwelling |
are
| War Service Land Settlement and Closer Settlement | 53.“! |
(Amendment) Act.
No. 54, 1955.
are or is completed after disposal or vesting of the land, as the case may be, the holder shall become liable to the Crown for all pay ments in respect thereof, and in like manner, as he would have been required by law to make if such improvements or roads of access or the preparation otherwise of the farms, blocks or areas for settlement or the erection of the dwelling had been completed 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 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 the roads of access, or the preparation otherwise of the farms, blocks or areas for settlement, or erection of the dwelling, as the case may be, were completed. Any necessary adjustment shall be made as to the capital valne and annual rent of the farm and of the nature and value of any structural improvements which are to be paid for by the holder.”
(ii) by inserting at the end of the same section the words—
“ ‘Otherwise preparing farms, blocks or areas for settlement’ in this section shall include and shall be deemed always to have included the carrying out of works for or in connection with the supply of water whether such works were carried out on the farms, blocks or areas or not.”
| (b) | by inserting in subsection five of section 8c after See. 8c. the word “ made” where lastly occurring the | ||||||
|
| transferred | under this | Act.) |
534 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
transferred pursuant to subsection (2 a ) of this section by the person to whom the advance was so transferred” ;
New sec.
| See. | (c) by inserting next after section 8o the following new section:— |
| Distribution |
| of costs of | 8cc. (1) Where before or after the commence Closer Settlement (Amendment) Act, 1955, moneys were or are expended by the Minister under section 8 b of this Act or were or are advanced by the Minister under section 8c of this Act for the purpose of paying for or effect ing improvements the Minister shall be deemed always to have had power and shall have power in relation to— |
| improve | ment of the War Service Land Settlement and |
| ments. |
| (a) | any farm in respect of which such moneys or any part thereof was or is expended or in respect of which any such advance was or is made to the holder thereof, and |
| (b) | any farm within the same subdivided area as a farm in respect of which such moneys or any part thereof was or is expended or in respect of which any such advance was or is made to the holiler thereof, |
to re-detormine and vary, at his absolute discretion, by way of increase or decrease, the capital value and annual rent of any such farm and the amount payable by the holder of any such farm for structural or other improvements or in respect of moneys advanced by the Minister as aforesaid.
(2) Where the capital value or the annual rent of any farm referred to in subsection one of this section has been varied, whether before or after the commencement of the War Service
Land
| War Service Land Settlement and Closer Settlement | 535 |
(Amendment) Act.
No. 54, 1955.
Land Settlement and Closer Settlement (Amendment) Act, 1955, the variation shall be deemed to have taken etlect or shall take effect as from the date determined by the Minister.
(3) Where the amonnt payable by the holder of a farm referred to in subsection one of this section for structural or other improve ments has been varied whether before or after the commencement of the War Service Land Settlement and Closer Settlement (Amendment) Act, 1955, the amount as so varied and interest thereon at the rate of two and one-half per centum per annum shall be deemed to have been payable and shall be payable by such holder in such manner, by such instalments and at such times as the Minister either generally or in any particular class of cases has directed.
(4) Where the amount payable by the holder of a farm referred to in subsection one of this section in respect of moneys advanced by the Minister as aforesaid for the purpose of paying for or etfecting improvements upon such land has been varied whether before or after the commencement of the War Service Land Settlement and Closer Settlement (Amendment) Act, 1955, the amount as so varied and interest thereon at the rate determined by the Minister shall be deemed to have been payable and shall be payable hy such holder in such manner, by such instalments and at such times, and to such nominee of the Minister as the Minister eithei- generally or in any particular class of cases has directed.
| (5) | The provisions of this Act, the |
Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts, and any other Act, with respect to forfeiture for default in the payment of the
annual
536 War Service Land Settlement and Closer Settlement
(Amendment) Act.
No. 54, 1955.
annual rent of a holding or of any amount pay able by the holder of a bolding for structural or other improvements or in respect of moneys advanced by the Minister for the purpose of paying for or effecting improvements, shall apply, mutatis mutandis, to and in respect of the payment of the annual rent, varied as referred to in subsection one of this section, of any farm referred to in that subsection, and to and in respect of any amount, so varied, payable by the holder of any such farm for structural or other improvements or in respect of moneys advanced by the Minister as aforesaid.
(6) For the purposes of this section “ subdivided area” means an area disposed of in two or more farms in accordance with section three of this Act, or under Part IVa of the Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts, or under Division 3 of Part VI of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts.
(7) “ 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 1955.
(2) Paragraph (a) of subsection one of this section shall be deemed to have commenced on the seventeenth day of January, one thousand nine hundred and forty- six.
Further 6. The War Service Land Settlement Act, 1941, as amendment amended by subsequent Acts, is further amended by Act No. 43, inserting at the end of subsection three of section three
the following new paragraph;—
| See. 3 (3). | In the case of a discharged member of the forces |
| (Qualifica |
| tion | ŵ ho while a member of the forces was issued with a |
| certificates.) | qualification certificate or made application for a |
qualification
| War Service Land Settlement and Closer Settlement | 537 |
(Amendment) Act.
No. 54, 1955.
qualification certificate and such application had not been withdrawn or refused at the commencement of the War Service Land Settlement and Closer Settlement (Amendment) Act, 1955, a fresh appli cation by such discharged member of the forces for a qualification certificate made, whether before or after such commencement, more than five years after the date the applicant ceased to be engaged on war service and before the expiration of six months after such commencement shall be deemed to have been made within the time pre scribed by this section. Except as provided in this paragraph it shall not be competent for any person, other than a discharged member of the Korea and Malaya Operations Forces as defined in subsection three of section ten of this Act, to make application for a qualification certificate under the foregoing provisions of this subsection after the commencement of the War Service Land Settlement and Closer Settlement (Amendment) Act, 1955.
7. No purchase resumption or vesting of lands pur- Validation
porting to have been made before the commencement of matter̂ ” 1913, as amended by subsequent Acts, and no action subsequently taken whether before or after the com mencement of this Act in respect of such lands in pursuance of such Acts or any other Acts, or otherwise, shall be or shall be deemed to have been invalid by reason only of the fact that the price or compensation paid in respect of the purchase resumption or vesting of such lands exceeded by more than fifteen per centum the amount at which identical lands would have been valued as at the tenth day of February, one thousand nine hundred and forty-two, excepting the value of any improvements effected on such lands since that date.
this Act by the Minister or the Governor under the Closer
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