Western Lands (Amendment) Act 1963 (NSW)

WESTERN LANDS (AMENDMENT) ACT.

Act No. 14, 1963.

No î4 *̂i963 provide a longer term for which Western Lands leases may be granted; to provide for the collection or waiving of arrears of certain Crown dues; to authorise the appointment of a Deputy Assistant Western Lands Commissioner; 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, 2nd April, 1963.]

■ _1_

T>E it enacted by the Queen’s Most Excellent Majesty, by ^ and with the advice and consent of the Legislative 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 “Western Lands (Amend­

ment) Act, 1963”.

Amend­	2. The Western Lands Act of 1901, as amended by
ment of

Act No.	subsequent Acts, is amended—
70, 1901.

Sec. 8. (a) by inserting at the end of subsection one of section

(Appoint­	eight the following new paragraph : —
ment of
deputy.)	In the ca.se of the appointment of an Assistant Commissioner to be the deputy of the Commissioner for any period in accordance with the foregoing provisions of this subsection, the Minister may appoint a person to be the deputy of such Assistant Commissioner for the same period, and any person so appointed shall, while so acting, exercise and perform all the powers, authorities, duties and functions of an Assistant Commissioner.

See. 18. (b) by inserting in section eighteen after the words

(Duration

“debt to the Crown” the words “unless the Minister

of lease.)

otherwise approves. The Minister may so approve

in

Western Lands (Amendment) Act. 107

in respect of the whole or any part of such debt No. i 4 , 1963

irrespective of whether the forfeiture, cancellation

or lapsing was declared before or after the com­

mencement of the Western Lands (Amendment)

Act, 1963” ;

\ (c) by inserting next after section 18c the following New sec. ;

new section : —

18cc. It shall be lawful for the Minister for Minister

Lands to bring under that name, and as nominal ^^oney. plaintiff on behalf of the Crown, any action or suit cf. Act No. for the recovery of arrears of rent or of any other

sums which under this Act may be due to the	'	'
Crown. And no such action or suit shall be prejudiced or abate or require amendment merely

' because after the commencement thereof the

̂ Minister who brought the same may have gone out of office or because another Minister may have been appointed or the office may for the time being be vacant: Provided that costs may be given for

'

or against such plaintiff in the same way as in any

ordinary action or suit.

(d)

by omitting from paragraph (b) of subsection one Sec. 23. later than the thirtieth day of June, one thousand

' nine hundred and seventy-three” and by inserting leases.)

'

in lieu thereof the words “not exceeding forty

years” ;

(e) (i) by omitting from section 28a the w ords Sec. 28a.

“, unless extended to a lease in perpetuity under

the provisions of section 18e of this Act, be may be

for a term, to expire not later than the thirtieth granted.)

' ' day of June, one thousand nine hundred and seventy-three” and by inserting in lieu thereof the words “be a lease in perpetuity, or for any term not exceeding forty years” ;

(ii)   by inserting in the same section after the words “may think fit.” the following new paragraph: —

'	The local land board shall determine the rental of any lease in perpetuity granted under this section for each separate period of ten
'

years

108                 Western Lands (Amendment) Act.

No. 14, 1963 years commencing from the date of granting of the lease, and in determining such rental, the local land board shall have regard to the purpose of the lease.

(iii)   by omitting from the same section the words “whether before or after the commencement of the Western Lands (Amendment) Act, 1934, may on application, be extended either as to the whole or any part of the lease, for any period up to the thirtieth day of June, one thousand nine hundred and seventy-three. Such extension” and by inserting in lieu thereof the words “for a term not exceeding forty years whether before or after the commence­ ment of the Western Lands (Amendment) Act, 1963, may on application, be extended from time to time either as to the whole or any part of the lease. Any such extension shall be for a period not exceeding forty years,” ;

(iv)   by inserting in the same section after the words “together with” the words “, unless the Minister otherwise approves,” ;

Sec. 39.	(f) by inserting in subsection one of section thirty-nine occurring the words “Any person having an interest in the subdivided lease shall be deemed to have an equivalent interest whether by way of mortgage or otherwise in the new leases.”.
subdivided

(Leases of	after the words “surrendered lease.” where firstly
area.)

CORONERS