Western Lands (Amendment) Act 1932 (NSW)

Western Lands (Amendment) Act.

665

WESTERN LANDS (AMENDMENT)

ACT.

.	Act No. 66, 1932.

An Act to provide that the title conferred by certain leases shall be a lease in perpetuity;

’ —

to amend the law relating to the withdrawal of lands held under lease; to validate certain matters; and for these and other purposes to amend the Western Lands Act of 1901, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 30th December, 1932.]

T ) E it enacted l)y tlic King’s Most Excellent Majesty,

1 1 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 “ Western Lands short title.

(Amendment) Act, 1932,” and shall be read and con strued with the Western Lands Act of 1901, as amended by subsequent Acts, which Act as so amended is in this Act referred to as the Principal Act.

2 . The Principal Act is amended by omitting section Amendment

seventeen and by inserting in lieu thereof the following of i9ou“'

new section:—■

*>•

17. (1) The Governor, after report by the Com- withdrawal

missioners, may withdraw any lands held under

lease, other than a lease extended to a lease in per- vidingfor

petuity, whenever it may be deemed expedient so to settlement,

do for the purpose of providing for settlement, and

every such withdrawal shall be notified in the

Government Gazette and a local newspaper.

(2)

666 Western Lands (Amendment) Act.

Mo. 66,1932.

(2) All lands withdrawn from lease under this section shall be disposed of under the provisions of this Act.

(3) The lands which may he withdrawn under this section shall not exceed one-eighth of the area of the lease, and any Avithdrawal made under the pro visions of the section Avhich this section replaces, shall be deemed for the purposes of this section to be a withdrawal under this section.

(4) ’Where tAvo or more leases AAdiether adjoin ing or not are held in the same interest and are, in the opinion of the Commissioners, reasonably cap able of being worked as one holding, the total area of such leases or of any two or more of such leases may be regarded as tlie area from which withdrawal may he made under this section, and subject to this section AA’ithdraAval may be made from any one or more of such leases. In calculating the total area of such leases, the area of any lease from which with- draAval has been made or deemed to have been made shall not be taken into consideration.

AVhere the carrying capacity of the leases within the holding or of the two or more of such leases from which the withdraAval is to be made, is not uniform, the land which may be Avithdrawn under this section shall not exceed in carrying capacity one-eighth of the aggregate carrying capacity of all the leases within tlie holding, or of the tA\m or more leases from which the Avithdrawal is to bo made.

Where the right of withdrawal has been exercised in full in respect of the leases within such a holding the AvithdraAval shall be deemed to be a withdrawal from each and every lease Avithin the holding.

tVliere the right of withdraAval has been exercised only in respect of some of the leases AA'ithin such a holding the withdraAval so made shall be deemed to be a withdraAval from each and eÂ ery such lease.

(5) jA.s compensation for withdraAval under

this section the GoA-ernor shall, after report by the

Commissioners, extend the term of any lease from

which

Western Lands (Amendment) Act.

CG7

■wliicli withdrawal lias been made or deemed to have	•
been made, but in no case shall the term be ex tended by more than six years.
(6) Where the wdiole of the land within any lease is withdrawn in pursuance of this section, the liability of the lessee for payment of rent shall cease as from the date of such withdrawal.
Where part of the land held under a lease is so withdrawn the rent for the succeeding years of the lease shall he reduced in proportion to the area with drawn, and the conditions of the lease during any extended term shall otherwise be the same as imme diately prior to the commencement of such exten sion.
(7) After the exercise of such power the land so withdrawm shall remain under preferential occupa tion license to the lessee at the same rent per acre as the lease from which the land was withdrawn.
(8) Upon the disposal of any land so with drawn the lessee shall be entitled to tenant-right as hereinafter provided in all improvements effected or paid for by him on such land.
(9) Any land surrendered prior to the com mencement of the "Ŵ estern Lands (Amendment) Act, 1932, in pursuance of any agreement made between the Minister and the holder of any lease of land in the Western Division whereby any lease under the provisions of this Act was, in consideration of the surrender by the lessee of the whole #r part of a lease of land within the Western Division, exempted from liability for withdrawals under the section which this section replaces, shall for the purposes of this section be regarded as having been withdrawn from the lease so exempted.

3 . The Principal Act is further amended by inserting

next after section 18d the following new section:—

uioi.

Kew s. 18e.

18e. (1) The person who at the commencement of Subsisting ■

the Western Lands (Amendment) Act, 1932, is the jî tension ■

holder of a lease may apply in the manner and within

’

the time prescribed to have such lease extended to a

lease in perpetuity.

The

668 Western Lands (Amendment) Act.

No. 66.1982.

Tlie application shall he accompanied by the pre

scribed fee.

(2) The Minister on the recommendation of The Western Land Board of New South Wales may grant the application as to the whole or part of the land in the lease.

The following provisions shall apply in respect of

every such application:—

(a)	an application under this section shall not be entertained where the granting of the same appears to be contrary to the public in terest or to be otherwise undesirable;
(b)	an application shall not be granted either wholly or in part in any case where the lands held by the applicant or his wife or her husband as the case may be substantially exceed a home maintenance area irrespective of whether the lands so held are or are not in the Western Division.

Lands held under annual lease, preferential occupation license, occupation license or per missive occupancy (where such permissive occupancy at the date of the granting of the application under this section has not more than one year to run) shall not be taken into account for the purpose of ascertaining a home maintenance area;

(c)	an a])plication shall not be granted in respect of such part of the land comprised in the lease as is—

(i) reserved from

sale, lease or license

under any Act-	-unless the Minister so
approves;

(ii) within a State forest or timber or forest reserve—unless the Forestry Commis sion so approves;

(iii) within a reserve for mining or muning purposes or within an area exempted from alienation under the Mining Act, 1906—unless the Secretary for Mines so approves.

(3 )

Western Lands (Amendment) Act.

669

.	» 0 .66,193 2

■	.	(3) tVliei'e an application under subsection one of this section has been granted as to the whole of the land comprised in the lease the instrument of lease shall be lodged at the office of The Western Land Board in order that a notification of such exten sion and a note of any terms and conditions imposed pursuant to subsection five of this section may be	----
■

endorsed thereon.

■

(4)	Where an application under subsection

one of this section has been granted as to part only

of the land comprised in the lease—

(a)	the instrument of lease shall be surrendered and separate leases issued for such part and for the residue of the land comprised in the lease, and any person having an interest in the original lease shall be deemed to have an equivalent interest whether by way of mort gage or otherwise in the new leases;
(b)	the new leases shall commence on the date upon which the application under subsection one of this section is granted and the term of the lease for such residue shall be the balance of the term of the lease subsisting at that date:

Provided that in any case where the holder is entitled to any extended term as compensa tion for withdrawal under section seventeen of this Act or the section which it replaces the term of the lease for such residue shall be extended in accordance with the provisions of those sections;

(c)	the lease for the residue of the land shall, sub ject to this section, be held subject to the conditions appertaining to the lease at the date of the said application;
(d)	the cost of any necessary survey shall be paid by the holder in the manner and at the time prescribed and upon default of payment the leases shall become liable to forfeiture;

(e) no additional condition of residence shall

'I	attach to the new leases.

i . '

(5)

670 Western Lands (Amendment) Act.

No. 66,1932.	(5) A lease in perpetuity granted in pur suance of this section shall, in addition to the condi tions appertaining to the lease at the date of the application under subsection one of this section, be subject to such terms and conditions of improvement and maintenance thereof including water supply and the destruction of rabbits, wild dogs and other noxious animals as the Minister after report by The Western Land Board of New South Wales may con sider necessary to reasonably increase the carrying capacity of the land, and may impose when granting the application.
A note of any terms and conditions so imposed shall be embodied in any new lease, or endorsed on any lease upon whicli a notification of extension is endorsed.
(6) All leases held in the same interest shall be included in one application.
(7) For the purpose of this section a home maintenance area of land which in the opinion of The Western Land Board of New South Wales is best adapted for grazing shall be deemed to be an .area which when reasonably improved Avill carry in average seasons and conditions a sufficient number of stock to enable the holder to reasonably maintain an average family.
In arriving at the area which Avonld be sufficient for this purpose due regard shall be paid to the situa tion of the land and the average carrying capacity thereof.
(8) Where the applicant Is the holder of lands elsewhere than in the Western Division the average capacity for the purpose of determination of a homo maintenance area in such case shall be the average carrying capacity of all the lands held.
(9) Where the lands of the applicant are entirely within the Western Division and are in the opinion of The Western Land Board of New South' Wales best adapted for grazing—

(a)	a home maintenance area Avhere the holding consists of one parcel only and some part thereof is distant not more than forty miles

from

Western Lands (Amendment) Act.

671

No. 66,1932.

from a railway trucking yards, shall be an area (in this subsection called tbe “ standard area” ) wbicb when reasonably improved will carry—

(i) where tbe average carrying capacity is 1 sheep to 3 acres or better—3,500 sheep;

(ii) where tbe average carrying capacity is less than 1 sheep to 3 acres but not less than 1 sheep to 4 acres—4,000 sheep;

(iii) where the average carrying capacity is less than 1 sheep to 4 acres but not less than 1 sheep to 5 acres—4,500 sheep;

(iv) where the average carrying capacity is less than 1 sheep to 5 acres but not less than 1 sheep to 6 acres—5,000 sheep;

' (v) where the average carrying capacity is less than 1 sheep to 6, acres but not less than 1 sheep to 7 acres—5,500 sheep;

(vi) where the average carrying capacity is less than 1 sheep to 7 aci’es hut not less than 1 sheep to 8 acres—6,000 sheep;

(vii) where the average carrying capacity is less than 1 sheep to 8 acres hut not less than 1 sheep to 9 acres—6,500 sheep;

(viii) where the average carrying capacity is less than 1 sheep to 9 acres hut not less than 1 sheep to 10 acres—7,000 shec'p;

(ix) where the average carrying capacity is less than 1 sheep to 10 acres but not less than 1 sheep to 11 acres—7,500 sheep;

(x) where the average carrying capacity is less than 1 sheep to 11 acres but not less than 1 sheep to 12 acres—8,000 sheep;

(xi)

672 Western Lands (Amendment) Act.

/ '

No.66,19iQ.

(xi) where the average carrying capacity is less than 1 sheep to 12 acres—8,500 sheep;

(b)

a liome maintenance area, where the holding consists of one parcel only, and the distance from the nearest railway trucking yards to the nearest part of such holding is more than forty miles, shall be the standard area, together Avith an additional area of land for each twenty miles or part thereof by which such distance exceeds forty miles, sufScient to carry one-twentieth of the number of sheep specified in subparagraph (i) to subparagraph (xi) of paragraph (a) of this subsection;

(c)

a home maintenance area, where the holding consists of more than one parcel, shall be de termined according to the following provi sions :—•

(i) where the nearest point of each of the parcels to the nearest railway trucking

3"ards is less than forty miles the

average carrying capacity of the hold ing for the purpose of this section shall be deemed to be the average carrying capacity of such parcels;

(ii) where the nearest point of each of the ]Aarcels to the nearest railway trucking yards is more than forty miles the average carrjfing capacity of the holding for the purpose of this section shall be deemed to be the average carrying capacity of such parcels; and the dis tance from the nearest railway trucking yards shall, for the purposes of this sec tion, be deemed to be the a\’erage of the distances of the nearest points of the respective parcels from such railway trucking yards;

(iii) where the nearest points of one or more, but not all, of such parcels to the nearest raihvay trucking yards

are

Western Lands (Amendment) Act.

673

„

Ho. 66,1932.

are more than forty miles the average	----
carrying capacity of the holding for tlie purpose of this section shall be deemed to be the average carrying capacity of all the parcels within the holding; and the distance from the nearest raihvay trucking yards shall, for the purposes of this section, he deemed to be the average of the dis tances of the nearest points of all the parcels within the holding from such railway trucking yards;

(iv) where the average carrying capacity and the average distance have been as certained in accordance with the pro visions of subparagraphs (i), (ii) and (iii) of this paragraph the home main tenance area shall be calculated upon such average carrying capacity in ac cordance with the standard area or in accordance with paragraph (b) of this subsection according as such average distance does not or does exceed forty miles.

For the purpose of this subsection one head of large stock shall be regarded as the equivalent of six sheep.

(10)	A lease extended to a lease in perpetuity

in pursuance of this section shall not be transferred except by way of mortgage or discharge of mortgage to a person who at the date of the proposed transfer already holds an area of land which area when added to the area proposed to he acquired will in the opinion of the Minister substantially exceed a home mainten ance area.

Any land held by the spouse of such person shall for the xmrpose of this subsection be deemed to be held l)y such ])erson.

(11)	The rent payable in resj^ect of a lease

extended to a lease in perpetuity shall be redeter mined by The AVestern Land Board of New South Wales for the period commencing on the date when

rent

674 Western Lands (Amendment) Act.

No. 66, 1932.

rent is next payable after the thirty-first day of December, one thousand nine hundred and forty- eight.

In redetermining such rent the hoard shall have regard to the productive capacity of the land under fair average seasons, prices and conditions.

The provisions of section nineteen of this Act shall not apply to a redetermiuation of the rent under this section, nor shall such provisions apply to a lease extended to a lease in perpetuity after a re determination lias been made under this subsection.

Amendment of

Act No. 70 of	•4. Tlie Principal Act is further amended—-
1901.
Sec. IG.

(Particulars of	(a) by, omitting from section sixteen the word
extension to be

laid before	“ extension” and by inserting in lieu thereof
Parliament.)	the word “ issue
Sec. 17a.

(Withdrawal

(b) by omitting from section 17a the words “ for the

for special	succeeding years
purposes.)

Sec. IS.

( Duration of	“ shall ” where firstly occurring the words
loases.)	“ except as otherwise provided in this Act

Sec. 21.

(d) (i) by omitting from section twenty-one the

(Increased	words “ during the term of any lease or
rentals in
certain	extension thereof or during the currency of
cases.)	any occupation license

(ii) by omitting from the same section the words “ previous section ” and by inserting in lieu tlie words “ section nineteen

(iii) by omitting from the same section the words “ nr.til tlie end of the period of the lease then current ” and by inserting in lieu the words “ in respect of the lease or license

Sec. 28a.	(e) by inserting in section 28a after the words “ Any such lease shall ” the words “ unless extended to a lease in perpetuity under tlie provisions of section ISe of this Act ” ;
(Special
leases.)

Sec.

28 b.

(f)

(i) by inserting in subsection one of section 28b

(Conversion

of lease.)

after tiie words “ for any such purpose ” the words “ or for mixed farming or for a similar purpose or purposes

(ii)

Western Lands (Amendment) Act.

^ii) by inserting in subsoetion throe of the same section after the word “ shall ” where firstly occurring- the words “ unless extended to a lease in perpetuity under the provisions of section 18n of this Act

Ko. G8, 1933.

(g)	(i)	by inserting in section twenty-nine after the Soc. 29. Avord “ expiration ” the words “ or forfei- (improve- t u r e ” ;
(ii)	by inserting at the end of the same section the following words:—•
‘ ‘ The action of the Minister in assuring or granting tenant-right in any improvements or in any additions to or extensions of im- provennents Avhich had been effected prior to his consent in writing having been obtained is hereby validated, and notwithstanding anything contained in this section the Minis ter may for a period of six months after the commencement of the Western Lands (Amendment) Act, 19112, assure or grant tenant right in any improvements or in any additions to or extension of improve ments notAvithstanding that such improve ments, additions or extensions may have been eirectcd prior to his consent being first obtained.”

(h)	by inserting in section 29.v after the word “ im- scc. 29a.

provements ” Avhere tliirdh" and fourthly occur- (octermina-

ring the Avords “ or am ̂ additions to or exten- tipn of value

t, ,

ol improve-

sions 01 :m})rovements

ments.)

(i) (i) by inserting in section obc after the Avord Soc.35c.

“ adjoining ” the Avords “ or adjacent	(Forfeited
or sur

. . . .

. . .

rendered

(ii)

by omitting trom the same section the Avords lands may ments or purchase money ” and by inserting in lieu thereof the words “ and at such rent, license foe or purchase money as may bp determined

(j)

676 Western Lands (Amendment) Act.

No. 66, 1932.

(j) by inserting in section 35e after tbe words

See. 35e.

(Conditional

‘ ‘ conditional lease ’ ’ where firstly occurring the

leases.)

words “ not extended to a lease in perpetuity

under the provisions of this Act

See. 39.	(k) (i) by omitting from section thirty-nine the nated in that behalf by the owner as afore said or to the 0A\mer himself ” and by insert ing in lieu thereof the words “ to the owner
subdivided

(Leases of	Avords “ to such person as may be nomi
area.)

(ii) by inserting at the end of the same section the following new subsection

(2) Where the subdivided lease has before subdivision been extended to a lease in per petuity each subdivided portion shall be held as a lease in perpetuity.

See. 41.

(l) by inserting in section forty-one after the word

(Conditions

“ shall ” where firstly occurring the words “ un

of leases.)

less extended to a lease in perpetuity under the

provisions of this Act

See. 44a.	(m) (i) by omitting from subsection one of section
ment due

(Enhance	44a the words ‘ ‘ during the term or extended
to public	term of any lease
works.)

(ii) by omitting from the same subsection the word “ such lease” and by inserting in lieu thereof tlie words “ any lease.”

LANDLORD