Western Lands (Amendment) Act 1918 (NSW)

Western Lands (Amendment) Act.

WESTERN LANDS (AMENDMENT)

ACT.

Act No. 15, 1918.

George V, An Act to amend and extend the provisions o f the

No. 15. Western Lands Act of 1901, and the Western Lands (Amendment) Act of 1905; and for other purposes. Assented to, 21st March, 1918.]

it enacted by the King’s Most Excellent Majesty, JL) by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by tlie authority of the same, as follows

Short title. 1 . This Act may be cited as the “ Western Lands (Amendment) Act, 1918,” and shall be read with and form part of the M'estern Lands Act of 1901, and the TVestern Lands (Amendment) Act of 1905.

Surrender and subdivision of leases.

Surrender of	2 . The Owner, with the couscnt of the mortgagee, if any, of any lease under the Western Lands Acts ex­ pressed to be issued for Pastoral Purposes in regard to which the riglit of withdrawal under section seventeen of the Western Lands Act of 1901 has been exercised may apply as prescribed to surrender such lease to the Governor.
Subdivision	3^ Unoii the accciftancc of anv such surrender the land comprised in the said lease may be subdivided into portions in such form and in such areas as the Minister on the recommendation of the Commissioners may approve.

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Western Lands (Amendment) Act. 29

4 . The Governor may "rant a lease of the land com- George V,

prised in any such portion to such person as may be No* 15.

nominated in that belialf by the owner as aforesaid

^

or to the owner himself and the term of every such area. " '

lease shall be for the unexpired period of tlie term of

the surrendered lease.

5 . The commissioners shall determine the rental to Detcnniua-

be paid in respect of eacli such portion : Provided tliat except where any sucli portion is leased under section eight of this Act the aggregate of such rentals shall amount to the rent that would be payabh; if the h'ase had not been surrendered.

6 . (1) Every such lease granted as aforesaid shall be Conditions

subject to the conditions contained in the lease which

has been surrendered.

(2) The Governor shall have the right to rest'rve a road out of the land leased of a width not exceeding ten chains for the use of ti’avelling stock.

7 . The lessee of any such ])ortion as aforesaid shall I'enam-iioiit.

in respect of th(3 imjn’ovements on the land at the date of commencement of the lease be entitled to tenaitt- right only in such im])rovements as the holder of the suri'cndered lease would lx; entitled to tenant-right in.

8. The Governor may under section four of this Special

Act grant special leases of any such ])ortions as are intended to be used for any pui'iiose other than grazing. Such leases shall be subject to such conditions as the Minister upon the recommeudation of the commissioners may determine, but shall not be subject to subsection ou(' of section six of this A ct; The rentals of such leases shall be determined by the commissioners, and shall not be subject to the provisions of section nineteen of the Western Lands Act of 1901.

Witlidraival of land from lease.

9 .         The Governor may withdraw the whole or any Power to

part of the land comprised in any western lands lease

and situated within the land district of M^algett North	’
in any case in which in his opinion such land is required for the puiqiose of settlement, and in connection tvith such withdrawal shall acquire any freehold portions

owned

80                    Western Lands (Amendment) Act.

George V, owned by the lessee and situated Avitliin, and used in

No. 15.

conjunction with such lease. Upon publication in the Gazette of such withdrawal or acquisition the lessee shall be entitled as compensation to the market value of bis interest in tbc lease of the land so witbdrawn together with the market value of such freehold portions. At’here part only of the land comprised in a lease is witbdrawn the lessee shall be furtber entitled to compensation for any damage caused to the residue of such land by severance. The amount of compensation shall be deter­ mined by the commissioners.

Unless olherwisc agreed to, the lessee shall be allowed not loss than six months from the date of the publica­ tion in the Gazette of tbc withdrawal within whicli to remove his stock and })lant from the land so witlidrawn, and shall pay rent at the same rate per acre as undo" the western lands lease.

Appeal. 10. The ^Minister or the lessee if dissatisfied with

the determination of the commissioners may appeal as prescribed, and such appeal shall be heard by a district court judge appointed for the purpose by the Governor.

MhccUaneous.

.Amendment 1 1 . Section thirty-four of the AYcstern Lands Act

of 34 of

AV.L. Act,	(Amendment) Act of 1905 is amended by inserting after
1905.	the Avords “ Crown Lands A cts” the follonung Avords ; “ or any land comprised in a reserve from lease or license Avhich has been revoked ”, and after the AVords “ surrendered lands ” tlie AVords “ or such reA'okcd reserves ”.

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