Crown Lands Act of 1895 (NSW)

No. XVIII.

An Act to further regulate the sale, letting, disposal, occupation, and management of Crown lands; for the protection of certain homesteads; to enable the Crown, by purchase, resumption, exchange, and surrender, to acquire alienated lands; to amend the law relating to conditional purchasers in certain respects; to provide for forfeitures and validations in certain cases; to prevent impounding and actions for trespass upon unfenced holdings; to amend the law as to Local Land Boards and the Land Appeal Court; and to effect amendments in such Statutes as may be necessary to give full force and effect to the aforesaid provisions; and for other purposes connected therewith. [3rdMay, 1895.]

t h e

Queen ' s Mos t Exce l l en t

Majes ty ,

by

and

and by t h e au tho r i t y of t he same, as follows :—•

1. This A c t —

(«)	shal l come in to force on t h e first day of J u n e , in t he year one thousand e ight hund red and ninety-five ; and
(b)	m a y be ci ted as t h e " Crown L a n d s Ac t of 1895 ; " and
(c) shall	be read wi th t h e " Crown Lands A c t of 1 8 8 1 , " t he

" Crown

L a n d s Titles and

Reservat ions Val ida t ion A c t of

1886 , "

t h e

" Condit ional

Purchases

a n d

Leases

Val ida t ion

A c t of 1887 , " t h e " Crown Lands

[Auc t ion Sales Balances]

A c t of

1887 , "

t h e

" C r o w n

L a n d s A c t

A m e n d m e n t

A c t

of

1887 , "

t h e

" Crown

Lands A c t

E u r t h e r

A m e n d m e n t

A c t , "

the

" Crown L a n d s A c t of 1889 , " and the " Crown

L a n d s

A c t

A m e n d m e n t

A c t of

1 8 9 1 " :

and shal l form p a r t of

t h e

said Ac t s and each and every of t h e m , to t he e x t e n t to w h i c h and so far as t h e provisions of any of t he said A c t s are unrepealed.

The aforesaid A c t s

w h e n

t a k e n

in

conjunct ion

wi th

th i s A c t

are

hereinaf ter

referred to as t h e Crown L a n d s

A c t s .

Interpretation

of

terms.

2. I n

th i s Ac t ,

unless t h e contex t

otherwise

require ,

t he

expression :—

" P r i n c i p a l

A c t "

means

t h e

" C r o w n

L a n d s

A c t

of

1 8 8 4 , "

toge ther w i t h

t h e

" Crown

Lands

Ti t les

a n d

Reserva t ions

Val ida t ion A c t

of

1886 ," " t he Condi t ional

Purchases and

Leases Val idat ion A c t of 1887 , " t he

" Crown L a n d s

[Auc t ion

Sales Balances] A c t of 1887 , " t h e " Crown

Lands A c t

A m e n d m e n t

A c t

of

1887 ," t h e

" C rown

L a n d s

A c t

F u r t h e r

A m e n d m e n t

A c t , "

t h e

" Crown

L a n d s

A c t

of

1889 ," a n d

the

"

Crown

L a n d s

A c t

A m e n d m e n t

A c t

of

1 8 9 1 . "

" L o c a l L a n d B o a r d " includes L a n d Appea l Cour t in a n y case

where

a n appeal or reference to t h a t Cour t shal l have heen made .

Express ions defined in t h e Pr inc ipa l A c t shall , except as aforesaid, hear t h e same m e a n i n g in th is Ac t , a n d if t he re are two or more

definitions t h e la ter or la tes t shal l he

t a k e n .

P A R T

I .

Pastoral Holding Provisions.

Poicer of'withdrawal

from

Central

Division

'Pastoral

Leases.

3. The Governor shal l have power to w i thd raw from

pas tora l

lease in t h e Cent ra l Division any lands held t h e r e u n d e r whenever he shall deem it exped ien t so to do for t h e purpose of provid ing for se t t lement b y o ther ho ld ings : Provided t h a t prior to any such

wi thd rawa l be ing notified as hereinaf ter

provided, t he Local L a n d Board

shall m a k e inqu i ry and

repor t

to t h e

Min is te r

w i t h respect

to

t h e

expediency of t h e proposed wi thdrawal , a n d t h e por t ion of t he lease

to

be w i thd rawn , and,

u p o n

such inqui ry , t he lessee m a y be a par ty ,

w i thou t any r i g h t

of

appeal to t h e

L a n d

C o u r t :

Prov ided

fur ther

t h a t

t h e leasehold area shall

be

divided b y t h e Minis te r in to two par ts as

near ly equa l in area as pract icable , and t h e p a r t from which wi th­ drawals m a y be m a d e shal l be defined, a n d notice thereof given to t h e lessee. The area w i t h d r a w n u n d e r one exercise of th is power shal l

be in as compact a form as pract icable , a n d t h e

first

w i thd rawa l shal l

no t be less t h a n one-fourth, and t h e aggrega te areas to be w i t h d r a w n u n d e r th i s power shall no t exceed one-half, of t he area he ld u n d e r such lease a t t he commencemen t of th is Ac t .

E v e r y

such

wi thd rawa l

shal l

be notified

in

t h e

Gazette

and some newspaper publ ished in t h e district , and shal l t ake effect four m o n t h s after t h e date thereof or a t such la ter date as m a y be specified for t h a t purpose in t h e not i f ica t ion; and copies of such notifications, toge the r w i th t h e reasons for t h e wi thdrawals the re in notified, shal l be laid upon t h e tables of b o t h Houses of P a r l i a m e n t for thwith if P a r l i a m e n t be s i t t ing, a n d if no t , t h e n w i t h i n

e ight

days after

t he

c o m m e n c e m e n t

of

t h e n e x t

session.

U p o n

U p o n

a n y such wi thdrawa l t a k i n g effect t h e pastoral lease

shall

The

power of

w i t h d r a w a l

conferred by th is section shal l be in

addi t ion to , and not in subs t i tu t ion for, the power of wi thdrawal conferred by the seventh subsect ion of section seventy-e ight of t h e " C rown Lands A c t of 1884 . "

I n

compensa t ion for a w i thd rawa l unde r t h e power

conferred

b y th is section:—•

(a)

a period shall be added to t he t e r m of t he pastoral l ease ;

and

(b)	t h e lands w i thd rawn may , upon p a y m e n t of t h e license fee as prescribed, cont inue to be occupied in v i r t ue of a
preferent ia l occupat ion l i c e n s e ; a n d
(<?) t he r en t for succeeding years of t h e pas tora l lease shal l be reduced in propor t ion to t h e area w i t h d r a w n ;	and
(d)	a proport ionate a m o u n t of any r en t paid in advance shall be credited on account of t h e first year ' s l icense fee for t he
w i t h d r a w n area, or refunded a t t he reques t of t h e lessee.

The period to be added to t he t e r m of a pas tora l lease in con­
sideration of a w i thd rawa l shal l be computed so t h a t t h e added period

shall bear t he same rat io to t h e unexp i red period as t h e area wi th­

The me thod of ascer ta in ing t h e added period shall be by
mul t ip ly ing toge the r t h e unexp i red period and the area Avithdrawn, and

dividing the p roduc t by t he area left. A n d in t h e foregoing formula-—

"

U n e x p i r e d

period " means

t h e n u m b e r

of

m o n t h s which t h e lease

has to r u n , reckoning from t h e da te of t h e wi thd rawa l u p to the date a t which t h e lease ( including all periods previously added) would have expired.

" Added per iod" means t h e n u m b e r

of m o n t h s by

wh ich the

t e r m

of a pastoral lease is to be ex tended in considerat ion for such

wi thdrawal .

" A r e a w i t h d r a w n " means

t he

n u m b e r of acres

included in

such

wi thdrawal .

" A r e a l e f t "

means t he n u m b e r of acres

left

unde r

t h e

pas tora l

lease a t t he date of

wi thdrawal .

P o r

t h e purposes of computa t ion

a n y fract ional p a r t of a m o n t h

shall be reckoned as one m o n t h , and a n y fract ional pa r t of an acre

shal l be disregarded :

Provided a lways t h a t u p o n appl icat ion b y the

lessee wi th in

t h e

The Governor shall notify in t h e Gazette

t h e l eng th of the

per iod to be added to t h e t e r m of a pastoral lease in considerat ion of a wi thdrawal , a n d the da te a t which such added period wil l expire ; and t h e added period shal l de te rmine upon t h e da te so notif ied; and the Governor shal l l ikewise notify t h e ra te of t h e r en t of t h e pastoral lease in any case where t he r a t e has been varied, a n d t h e ra te so notified shall be deemed to have been payable as f rom the da te of wi thdrawal .

The per iod added to t he t e r m of a pas tora l lease in consideration of a Avithdrawal shall be affixed to t he extens ion (if any) of such lease u n d e r section for ty- three of t h e " CroAvn Lands A c t of 1889 ," a n d the conditions of t h e lease d u r i n g any such added period shal l be t h e same

Occupation

License

of

Leasehold

Area,

8fc.

4. U p o n

t h e de terminat ion , by eflTuxion of t ime , of

the

ex tended t e r m of a pas tora l lease in t h e Cent ra l Division, and of all periods, if any, added there to , t h e holder of t h e lease shall, if no t less

t h a n

t h a n two m o n t h s pr ior

to such

de te rmina t ion

ho shall have

paid

a

l icense fee as prescribed, be ent i t led to occupy t h e lands there tofore held u n d e r such lease unde r a preferential occupat ion license, which shal l be subject to all t h e provisions of the Pr inc ipa l A c t in respect

of occupat ion licenses,

qualified

as

h e r e u n d e r : —

(i)   The license fee payable in respect of the land held under the preferential occupation license shall be a t t he same ra te as is payable in respect of t h e resumed area, unless t h e Minis te r shall direct an appra i sement thereof to be m a d e ; or, if the re be no resumed area, or if t h e r e sumed area be not he ld unde r occupat ion license, t h e n a t a ra te to be appraised, and, u n t i l such appra isement , and subject to a n ad jus tmen t of accoun ts the reupon , a t a provisional ra te of two pounds per section of

six h u n d r e d and forty acres,
( n )	The Governor m a y , g iv ing not less t h a n th ree m o n t h s not ice

in t he Gazette, refuse a renewal of t he preferent ia l occupat ion license ; and in such case t he preferent ial occupat ion license

shal l de termine a t t h e end of t he t h e n cu r ren t year.

The provisions of th i s section shal l apply to t he preferent ia l occupat ion license of a n y lands wi thdrawn from pastoral lease under power hereinbefore conferred.

I m p r o v e m e n t s

m a d e

after

t h e

commencemen t

of

th is

Act ,

be ing m a d e w i t h t he consent of t he Crown, u p o n any lands wi th in

t h e

Cent ra l Division, which , a t t h e date of t h e m a k i n g of t h e said improve­ men t s , a re held unde r pas tora l lease shall, upon t h e said lands ceasing to be t h e subject of the pas tora l lease and becoming t h e subject of a preferent ia l occupat ion license, be t a k e n to be t h e p roper ty of t h e licensee for all purposes of section forty-four of t he " Crown Lands

A c t of	1889 . "
I m p r o v e m e n t s made wi th t he consent of t he Crown upon any

lands w i th in t he	Cent ra l Division which , a t t h e da te of t h e m a k i n g	of
t h e said improvemen t s are held u n d e r preferent ia l	occupat ion	license,

shal l be t a k e n to be t h e p roper ty of t he licensee for all purposes	of
section forty-four of t h e	" Crown L a n d s A c t of 1889 . "

Nothwithstandincf

a n y t h i n g contained in section fortv-four

of

t h e " Crown L a n d s Ac t of 1889 ," any appra i sement

of such

improve­

m e n t s shal l be m a d e on t h e bases of the i r va lue to t he land t aken	a n d
to a n incoming	t enan t .
If t he Governor refuse to r enew the preferent ial occupat ion license of lands conta in ing any such improvements as are hereinbefore
ment ioned ,	t he last holder of t he license shal l have t e n a n t r i g h t

(as the same is hereinafter defined) in t h e said improvements .

I m p r o v e m e n t s

m a d e

after

t he

commencement

of

this

A c t

u p o n lands wi th in t h e Cent ra l Division, which , a t t h e da te of t he m a k i n g of t h e said improvement s are held unde r pastoral lease or preferent ia l occupat ion license, shall , if made wi thou t t he consent of

t h e Crown, be t he p roper ty of t h e

Crown.

The consent of t he Crown to t h e m a k i n g of

improvemen t s m a y

be given b y such author i t ies , and shall be evidenced in such m a n n e r as

m a y be prescribed.

Expired

Pastoral

Leases,

Central

Division.

5. After

t h e expira t ion of t he t e r m or ex tended t e r m of a

pastoral lease in t h e Cent ra l Division t h e l ands theretofore subject

to

such lease shal l become a resumed area on notification in t he Gazette to t h a t effect, and on such notification, a n d no t before, shall cease to be a leasehold area Avithin t he mean ing of the Pr inc ipa l Ac t .

Tower

Power

of Withdrawal

from

Western

Division

Pastoral

Leases.

G. The Governor shall have t he same power of w i thd rawing land ^ from a pastoral lease in t he W e s t e r n Division as by th is A c t is ^ conferred u p o n h i m in respect of pastoral leases in t he Cen t ra l i Division, except tha t :—•

(a)	The area w i t h d r a w n u n d e r one exercise of t he power shal l no t he less t h a n one-sixteenth, and t h e aggrega te areas to be w i t h d r a w n under th is power shal l no t exceed one-e ighth of
t h e area held u n d e r t h e lease, and th is power shall only be
exercised to wi thd raw land wi th in t en miles of t h e boundary

of a town conta in ing a t least fifty inhab i tan t s ; and

(lj) A n y period to be added to t he t e r m of a pastoral lease in consideration of a wi thdrawal shall be affixed to t h e t e r m of t he lease as ex tended by th is Act .

T h e

lessee

shall have compensa t ion u p o n a n y such

w i thd rawa l

a pastoral lease in t h e Cent ra l Division, and shal l have t e n a n t r igh t in improvement s as t h e same is hereinaf ter defined upon the land so wi thd rawn .

Pastoral

and Homestead

Leases in the Western

Division.

E v e r y

pas tora l

or

homestead

lease in

t h e W e s t e r n

Division

g ran ted before or after t h e commencemen t of th i s A c t shal l have a t e r m of twen ty -e igh t years , and t h e t e r m shal l be divided for t h e purpose of t he appra isement of t he ra te of ren t into four periods each of seven years as ex tended by this Ac t , and a separate appra i sement shal l be made of t h e ra te of r e n t payable for each of such periods, if t he same be a period commenc ing after t he c o m m e n c e m e n t of th is A c t :

Provided always	t h a t —
(a)	I n t h e case of a pastoral or homestead lease g ran ted before t h e first day of December , in t he year one thousand e ight hund red and e igh ty-n ine , and not b rough t u n d e r t h e provisions of section twen ty-n ine of t h e " C r o w n Lands A c t of 1889" t h e r a t e of r e n t from t ime to t ime payable unde r t he " Crown Lands Act of 1 8 8 1 " shal l be paid un t i l t he expi ra t ion of such seven-year
period of t he t e r m of the lease as m a y be c u r r e n t a t t h e

commencemen t of th is Act .

(b)	N o t h i n g conta ined in th is section shal l p reven t or affect t he reappra isement of t he r e n t of a pastoral or homestead lease in pu r suance of section nine , or t he coming in to operation of a n y r en t so reappraised.

U p o n t h e expira t ion by effluxion of t ime of the t e r m of any pastoi*al, homestead, or ar tes ian well lease in t he W e s t e r n Division t h e last holder of the lease shall have t enan t r i g h t (as t he same is herein­ after defined) in improvements upon the lands theretofore held unde r

8. I n any case in which—•

(a)	The Minister, after inquiry by the Local Land Board, is
satisfied t h a t any resumed area in t h e Wes t e rn Division (not
be ing wi th in t h e L a n d Dis t r ic ts of l i r ewar r ina , H a y N o r t h ,
or W a l g c t t N o r t h ) is no t , and is no t l ikely to be, r equ i red for
purposes of se t t l ement before t h e expira t ion of t he pas tora l

lease of t he leasehold area, and

(&)

(b)	The occupat ion l icense or a n n u a l lease, if any, of t he r e sumed area is no t he ld by a person other t h a n the holder of t h e pas tora l lease of t h e leasehold area

t h e Min i s te r may , w i th t h e consent of t he holder of	t he pas tora l lease
by notif ication in t he Gazette,	declare t h a t t he resumed area sha l l

thenceforward be held u n d e r pastoral l e a s e ; and t h e occupat ion license or a n n u a l lease, as t he case m a y be, of t he resumed area shall t he r eupon expire , and any ar tes ian well lease on the resumed area, held concur ren t ly w i t h t he pastoral lease, shall be deemed to be surrendered, b u t not so as in e i ther case to the reby render t h e improve­ men t s on t h e resumed area the proper ty of t he Crown.

The r e sumed area, or so m u c h thereof as m a y be available,
shal l be added to t h e area held unde r t h e ex is t ing pastoral l ease ; and

t h e r en t of the area so added shall be fixed in accordance wi th the

following

p rov i s ions :—

(i)   If the Minister and the lessee so agree, such rent shall be, a t t he ra te per acre, payable for t h e leasehold area,

( u )	I f t he Min is te r a n d the lessee do not agree, t h e r e n t for t he area so added shal l be appraised by t h e Local L a n d Board in accordance w i t h t he provisions of t he Crown L a n d s Acts as if i t were t h e r en t for a pas tora l least; of t h e resumed area,
( i n )	A n y rcappra isement of t he r en t of the pas tora l lease shall

be of the r e n t of t h e lease as inc lud ing t h e whole area.

( iv)   U p o n default in t h e due p a y m e n t for t h e whole area of any sum due as rent , or added to t he rent , tin; lease of the whole area m a y be forfeited, in accordance wi th t he provisions of

t h e Crown L a n d s Ac t s .

(v)   The accounts between the lessee and the Crown shall be adjusted, a n d for t h e purposes of such ad jus tmen t any r e n t and license fee shall be considered as acc ru ing due day b y day.

A n y resumed area added to l and u n d e r pastoral lease in accord­ ance wi th t h e provisions of th is section shal l be deemed to be added subject to t he provision t h a t t he Governor may (by notice in t he Gazette) wi thdraw, wi thou t compensat ion, t he whole or a n y pa r t or pa r t s thereof from pastoral lease whenever he shall deem it necessary or expedien t to m a k e t h e land available unde r any provisions of t h e Crown L a n d s Ac t s . U p o n such wi thd rawa l (which shall no t t ake effect

un t i l t he expi ra t ion of six m o n t h s from t h e date of not ice thereof)

t h e

lessee shal l

(on

applicat ion w i th in

t h e

prescribed

t i m e

and

p a y m e n t

of license fee as prescribed)

be ent i t led to hold t h e w i t h d r a w n

area

unde r

preferent ia l

occupat ion

l i cense ;

a n d

any improvemen t s

upon

t h e w i t h d r a w n area (not forfeited or forfeitable to or A'ested in t he Crown) shall be t a k e n to be t h e proper ty of the lessee for al l purposes and subject to tin; provisions of section forty-four of t h e " Crown

L a n d s

Ac t

of

1889 . "

New appraisement

of rents, Sj'C., in the JVestern

Division.

9. W h e r e in t he case

of—

(a)	a n y pas tora l or homes tead lease in t he W e s t e r n	Division ; or
(b)	a n y occupat ion license in t h e W e s t e r n	Divis ion—

t h e lessee or licensee; considers t h a t by reason of devastat ions by rabbi ts , depreciat ion of values, deteriorat ion of t h e grazing capabil i ty of t he land, or o the r similar cause, t h e r a t e of r en t or license fee now payab le is excessive, a new appra i sement of such r a t e of r en t or license fee shal l be held upon applicat ion be ing made in the prescr ibed form and m a n n e r wi th in th ree m o n t h s after t he commencement of th is

A c t :

Provided a lways t h a t

t he

appl ica t ion

shal l be accompanied

by a

or l icense fee has been paid.

The n e w appra isement shal l be subject to t he following pro­

visions :—

(i)

The Loca l L a n d Board

shall

de te rmine

anew t h e r a t e of r e n t

or l icense fee, and shall t ake into considerat ion t h e cost of carr iage to and from the land held unde r t h e lease or l icense for any depreciat ion in t h e values of s tock or of wool, a n d for a n y d iminut ion of t h e average a n n u a l car ry ing capac i ty

of such	l and caused by t h e devastat ions of rabb i t s .
( n )	The Minis ter shal l notify t he n e w ra te in t h e Gazette ; b u t u n t i l t he notification, all sums payable for r e n t or l icense fee shall cont inue to be paid as if no appl ica t ion for a new appra i sement had been made .
( m )	The n e w ra t e shall be t h e r a t e appl icable to any p a y m e n t s to become due after t h e de te rmina t ion of t he new ra te , u p to t h e end of t h e period of t he lease first succeeding t h e period
c u r r e n t a t t h e commencemen t of th i s Ac t .

(iv) The rent of a pastoral or homestead lease for the period

thereof succeeding t h e period cu r r en t a t t h e c o m m e n c e m e n t

of th is A c t shal l no t be reappraised at t h e commencemen t of

such first-mentioned period.

(v)   The Local Land Board shall, upon the new appraisement, assess and declare t h e cost of a n inspection of t he l and held u n d e r t he lease or license in quest ion, and t h e other costs incur red b y t h e C r o w n ; a n d in t h e even t of a n appea l or reference to t he L a n d Appea l Court , t h e L a n d A p p e a l Cour t shal l assess and declare t h e costs of and inc identa l to t h e hea r ing of such appea l or reference incur red by t h e Crown ; a n d the person registered, a t t h e da te of t h e notification hereinbefore ment ioned, as holder of t h e lease or l icense shall , w i th in two m o n t h s thereaf ter , pay to t he Colonial Treasurer one half t he to ta l a m o u n t of all such assessed costs :

Provided always t h a t t he deposit hereinbefore required, and the deposit of five pounds requi red in case of an appeal , m a y be applied towards satisfaction of any s u m due as aforesaid.

P A R T

I I .

Classification Provisions.

Classification

and Survey of Crown

Lands.

10. P o r t h e purpose of effecting a proper classification of Crown lands , t h e Governor shall have power, after such i nqu i ry a n d repor t as m a y be deemed expedient , to declare b y notif ication in t h e Gazette t h a t t h e Crown lands comprised w i th in any t r ac t or area to be described in t h e notification shall be set apar t for holdings (whether by way of purchase , lease, or otherwise) of t h e k inds which are specified in t he not if icat ion; and the reupon t h e Crown lands comprised w i th in t he t r ac t or area so described shall cease to be available, a n d a n y lands wi th in t h e t rac t or area which m a y thereaf ter become Crown lands shal l n o t become available, for t he purpose of any appl icat ion for a hold ing of a k ind no t specified in t h e notification, except as hereinaf ter provided.

P o r

P o r t he purpose of effecting a proper survey and. subdivision of Crown lands , t he Governor shall have power to declare by notification in t h e Gazette t h a t t h e Crown lands comprised wi th in any t r a c t or area to be described in t h e notification shall no t be available for t h e purposes of a n y appl ica t ion u n t i l a fu r the r notification has been

publ ished in t h e Gazette	; and the reupon t h e Crown lands comprised
wi th in t h e t r a c t or area so described shal l cease to be available,	and

any lands wi th in t h e t rac t or area which m a y thereaf ter become Crown lands shal l no t become available, for t h e purposes of any applicat ion, u n t i l such fur ther notification has been publ ished, or, if

such fu r the r

notification specify a fu ture date, t h e n u n t i l such date . A n y notification unde r th i s

section m a y in t h e

l ike

m a n n e r

be

corrected, amended, modified, or revoked, w h e t h e r as to t he whole or a n y pa r t thereof ; and i t shall be sufficient for t he purposes of any such notifi­ cat ion if t he descr ipt ion of l ands is in any form of general descript ion :

Provided always t h a t no such notification shall a f fec t :—

(«) The reservat ion or dedicat ion for publ ic purposes of any

Crown l a n d s ;

or

(b)

The g r a n t i n g or r enewing

of

occupation

licenses

and

a n n u a l

leases, unless t h e same be expressly exc luded ;	or
(c)	A n y lease in existence a t t he da te thereof.
Additional Conditional Purchases in Classified Areas.

1 1 . A notification t h a t Crown lands are set apa r t for holdings

of any k ind shall no t opera te to p reven t t h e lands s i tua ted wi th in t h e t r ac t or area so set apar t be ing or becoming available for t he purpose of a n appl icat ion for a n addi t ional condit ional purchase , or a con­

di t ional lease	of a series of which t h e or iginal condit ional p u r c h a s e
was m a d e before t h e da te of t h e notification	in any case w h e r e —

(a)	The application is made not later than forty days after the
date of t he not i f icat ion—and
(b)	The applicant has been for six months previously and still is in bond fide residence on some condit ional purchase or con­ dit ional lease of t h e same series a t t he da te of the notification.

Provided always

t h a t —

(c)	The area which may be added to any series by all such addi t ional condit ional purchases and condit ional leases shall no t exceed t h e area sufficient in t h e opinion of t h e Loca l L a n d Board to enable t he holder thereof by agr i cu l tu re or
by ag r i cu l tu re combined w i t h any other ordinary pursu i t s to

ma in t a in his home thereon, a n d shall not , in any case, exceed

the area which m a y be t aken unde r t he Pr inc ipa l A c t ; and
(d)	t h a t such addi t ional condi t ional purchases a n d condit ional leases shall be taken so as to conform to t h e general design of t he subdivision, if any, of such t r ac t or area.

What

deemed

Crown Lands

under "Mining

Act

0 / 1 8 7 4 . "

12. Al l Crown L a n d s comprised in any t racts or areas which m a y be set apar t for cer ta in specified k inds of holdings, unde r sections ten^ th i r teen , a n d twenty-four of th i s Act , shal l be and be deemed Crown L a n d s for the purposes of t he " Min ing Act , 1874 , " and

any

A c t

a m e n d i n g

the

same.

P A R T

P A R T

I I I .

Homestead Settlement Provisions.

Subdivision

for

Homestead

Selections.

t h e power conferred by section ten , set apa r t any t rac t of Crown lands 1 13 . The Governor may , subject to t h e provisions of and under

for disposal b y way of homestead select ion; and a n y t r ac t of Crown
lands so set apa r t shal l be deal t w i th as follows :—

(i) A subdivision shall be made thereof in to blocks, no one of wh ich shall be more t h a n one thousand two hund red and e igh ty acres in area, and the s tandard to be adopted in regu­ l a t i ng t h e area of each such block shal l be t h a t t h e selector thereof may , by agr icu l tu re or by ag r i cu l tu re combined wi th a n y other ordinary pursui t s , be enabled to establish and

ma in t a in his home	thereon.
( n )	A va lua t ion of the said blocks shal l be m a d e according to t he capabil i t ies and s i tuat ion of t h e land, and in m a k i n g such
va lua t ion due regard shall be paid to t h e t e n u r e of t he
ho ld ing a n d to t he in ten t ion of these provisions t h a t the
selector m a y be enabled to establish and m a i n t a i n his h o m e

thereon.

( i n )	The va lue to a n incoming t e n a n t of any improvements on any such block m a y be appraised by the M inister after inqui ry and repor t by t h e Loca l L a n d Board in t h e prescribed manne r , and such appra isement shall , as between the Crown or t he owner of t h e improvements , as the case m a y be, and any person select ing t h e said block, be conclusive evidence of t he value
of t he improvements a t t h e da te of the appra i sement .
(iv)	A notification by the Minister shall be published in the Gazette, a n d in a local newspaper , g iv ing par t iculars of t h e said blocks and of the i r respective areas and values and of t h e appraised va lue of any improvements thereon, and specifying a da te f rom and after which t h e said blocks shal l be avai lable for se lect ion; t h e va lue and area specified in t h e said notifi­ cation, in respect of any block, shall be t a k e n to be t h e capi ta l
va lue and area thereof for all purposes of t he r en t here inaf ter
provided.
(v)	The Minister may also notify that special conditions as to
dra inage, i r r igat ion, t h e clearing, cu t t i ng , preservat ion or
p l a n t i n g of t imber , or such o the r ma t t e r s as r equ i re to
be regu la ted in t he publ ic in teres t , will be made conditions of a homes tead selection of any such block, and will be inserted in t h e g r a n t of any such block w h e n issued. A n y such notifi­ cat ion unde r th is or t h e preceding subsection m a y be corrected,
amended , modified, or revoked by not ice in t h e Gazette.
(vi)	The se t t ing apa r t of a n y t rac t of Crown lands for disposal by way of homes tead selection and t h e notification requi red by th is section may , whenever i t shall be deemed expedient , be effectuated by one and t h e same notification in t he Gazette, and in any such case any pre l iminary notification shall be deemed to have been unnecessary . A n y subdivision whe the r m a d e before or after any notification unde r th is section or section t e n of th is Ac t m a y be t a k e n to be a subdivision wi th in t he mean ing of this section, and one or more measured port ions m a y by notification unde r this section const i tu te a block.

Applications

Applications

for

Homestead

Selections.

14. F r o m and after t he date specified in t he aforesaid not i ­

fication,

any person, who is no t disqualified, m a y apply for any b lock

so notified as a homestead selection. The appl ica t ion shall be made and lodged in t he prescribed manner , and shal l be accompanied by a half year ' s r e n t in advance and a survey fee according to t he pre­ scribed sca le ; or if t h e app l ican t desires to defer t h e p a y m e n t of

t h e survey fee, t h e n by one-third of t he to ta l a m o u n t

thereof.

E v e r y person shal l be disqualified from be ing an appl icant for a homes tead selection if—

(a) Such person is unde r t he age of sixteen years ; or

(&) Such person is a mar r ied Avoman n o t l iving apar t fron'* he r

h u s b a n d

u n d e r

a decree for

judicial

s epa ra t ion ;

or

(c)	Such person is subject to any legal disability other than non-age or coverture , or to any disqualification specially
ment ioned in t h e Crown L a n d s Acts .

The appl icant for a homestead selection shall , u p o n the day
airpointed, satisfy the Local L a n d Board t h a t he or she is qualified, and

t h a t t he appl ica t ion has been made in accordance w i t h t h e provisions

of th is Ac t .	The Local L a n d Board shal l confirm the appl icat ion if
so satisfied, unless it permi t s t h e appl icant to wi thdraw the same.	The
Local L a n d Board shall disallow any appl icat ion if no t so satisfied.

The confirmation of an applicat ion shall de termine any occu­ pa t ion license or a n n u a l lease so far as it affects t h e block for which t h e appl icat ion has been confirmed, and shall ent i t le t h e appl icant to t ake possession thereof.

Conditions

Precedent

to a

Grant.

15. The appl icant shall perform, to t h e satisfaction of t he Local

L a n d Board, the following condit ions, which shall be t aken to be

conditions precedent to the r i g h t to a

g r a n t : —

(a)	l i e shall wi th in t h e prescribed t ime pay the ba lance (if any)
of suiwey f e e ; and
(b)	lie shall pay the value of tin; improvements as appraised,
and in teres t on such va lue a t t h e ra te of four per c e n t u m per
a n n u m , t h e p a y m e n t be ing made in four equa l year ly
ins ta lments , a t t h e dates a n d in t h e m a n n e r p resc r ibed ; a n d
(c)	H e shall , Avithin t h ree m o n t h s after t h e confirmation of his appl icat ion, commence to live upon t h e homestead selection, and shall cont inue to have his home a n d place of abode the re un t i l t he issue of t he g r a n t : Provided a lways t h a t if

t h e appl icant die or be declared a luna t ic th is condit ion may be performed by any m e m b e r of his family or any o ther person to be approved by the Local L a n d Board. The Local L a n d Board shal l have power to g r a n t leave to t he appl ican t to cease l iving upon the selection for such necessary causes as m a y be prescribed, and for such period as m a y be

d e t e r m i n e d ; a n d
(d)	H e shall Avithin e ighteen m o n t h s after the confirmation of his appl icat ion erect u p o n the homestead selection and thereaf ter ma in t a in a dwel l ing house of not less t h a n tAvcnty pounds in Aalue; and
(e)	He shall at the prescribed date or dates pay an annual rent Avhich shal l amount to one and a quar te r per c e n t u m of t h e capi ta l value of t h e block ; t he said r en t shall lie paid in
t,Avo equal half-year ly ins ta lments in adA r ance; and
(f)	l i e shall perform and observe the special condit ions (if any) which haA'e been notified by the Minis te r as hereinbefore
provided. Inquiry

Inquiry

by Local Land

Board.

16. The Loca l L a n d Board m a y a t a n y t ime inqui re as

to

years from t h e confirmation of t h e applicat ion t he Local L a n d Board shal l hold an inqu i ry Avhether t h e appl icant has , u p to t he date of t h e inqu i ry , duly performed all conditions as aforesaid.

If,

u p o n t h e

final

inqu i ry , t he appl icant

satisfies t h e Loca l

L a n d

If a t a n y t ime the Local L a n d Board is no t satisfied t h a t t he appl icant is duly per forming any condit ion, or if u p o n t h e final i nqu i ry t he Board is no t satisfied t h a t he has duly performed all condi t ions as aforesaid, t he Governor may, by notification in t h e Gazette, forfeit t h e appl icant ' s in teres t in t h e homestead selection, and

cease and determine. The l ike notification m a y be made in any case whe re t he appl icant fails to duly pay t h e aforesaid r e n t or t h e balance (if any) of survey fee.

Homestead

Grants.

17. The Governor shal l issue a g ran t of t he homestead selection (to be t e rmed a homestead grant ) to an appl icant who has duly obtained a certificate f rom t h e Local L a n d B o a r d ; and t h e Governor may , upon t h e expira t ion of five years from the da te of t h e confirmation of the appl icat ion, issue a g ran t to an appl ican t who has failed to obta in the said certificate in any case whe re t h e Loca l L a n d Board reports t h a t

The g r a n t of a homestead selection shall conta in provisions for—

(a)	The a n n u a l p a y m e n t by t h e gran tee , his heirs , and assigns for ever of a perpe tua l ren t , t he year ly a m o u n t of which shall be two and one-half per c e n t u m of t he capi ta l va lue of t he
homestead selection as fixed unde r th i s A c t ; a n d
(b)	The performance by the grantee, his heirs, and assigns for ever of an obligat ion to live upon the homestead selection,
hav ing his or the i r home a n d place of abode t h e r e ; a n d
(c)	Forfeiture to the Crown of the lands granted in case the obligation to live thereon or to pay any sums duo as rent be not duly performed.

held u n d e r a homestead g r a n t ; and the provisions to be inserted in a homes tead g r a n t for t h e purpose of defining t h e said incidents of t enure , and secur ing the due per formance thereof shal l be in such form as may be prescribed.

T h e va lue of t he homestead selection shall for the first period of ten years after the issuing of t he g r a n t thereof be t he value, as notified in accordance w i t h t h e provisions hereinbefore contained, a n d for every succeeding period of t en years shall be de termined, irrespective of improvements , in accordance wi th t he provisions of section six of the

The Governor m a y from t ime to t ime by regula t ions define the
m i n i m u m period of l iv ing on t h e l and in each year which shall be

t a k e n to satisfy t h e aforesaid obligation, be ing n o t less t h a n seven

g ran t ing of exempt ions from the per formance of t he aforesaid obligat ion or for t h e re laxat ion thereof in such cases of inabil i ty, difficulty, or ha rdsh ip as are l ikely to arise, and m a y a t t ach such con­ ditions to t he g r a n t i n g of an exempt ion or re laxa t ion as m a y appear

desirable

desirable to secure t h e proper user of t h e land and to car ry out t h e policy of th is Ac t , b u t no such exempt ion or re laxat ion shall be g r a n t e d for more t h a n one year e i ther retrospect ively or in advance.

I n any case where , in pur suance of t he regula t ions for t he t ime be ing in force, an exempt ion or re laxa t ion has been granted , and t h e condit ions, if any, of such exempt ion or re laxat ion fulfilled, a forfeiture shal l no t be enforced for t he non-performance of the obligation to l ive on t h e lands granted du r ing t h e period of such exempt ion or re laxat ion.

The Governor shall n o t have power to discharge, release, or abroga te t he obligat ion to live upon t h e lands held unde r a n y such g ran t or to pay the ren t , and the acceptance of r en t shall no t of itself const i tu te a waiver of any forfeiture which m a y have accrued.
The g ran t of a homestead selection m a y conta in provisions to

secure t he creat ion and ma in t enance of channels for dra inage or irrisi'a-

D

O

t ion purposes, and the preservat ion or p l a n t i n g of trees for t imber	and
shade, and such reservat ions of r ights , powers, minera ls , and	mater ia ls

as m a y appear to the Governor necessary in t he publ ic interest .

U p o n t h e forfei ture

to t h e Crown of any lands held unde r a

homestead g ran t , t he Reg is t ra r -Genera l

shal l

m a k e

a n ent ry of

such

forfei ture u p o n the fol ium of t h e register con ta in ing such grant , and the holder of t h e dupl ica te copy of such g ran t shall deliver u p t he same to

t h e Reg i s t r a r -Genera l	for t he purpose of be ing	cancelled.
N o transfer of t he l ands described in a homestead g ran t shall be regis tered b y the Reg is t ra r -Genera l	unless t he Min is te r certifies,	i n

t h e prescribed form, t h a t al l t he obligat ions of the g ran t have been duly fulfilled u p to t he date of such certificate, and the regis t ra t ion of such t ransfer shal l be evidence of t he fulfilment of all t he obligations

u n d e r t he g r a n t u p to t he da te of t h e aforesaid

certificate.

Ilomcstcad

Selections

without residence before

grant.

18 . I n any case where t he appl icant for a homestead selection
is debarred by his cal l ing from l iving on t h e selection, t h e condit ion

precedent may , un t i l issue of a grant , be per formed by a deputy , to

be approved by the Loca l L a n d B o a r d ;	b u t in every such case :—•
(a)	The application shall be expressed to be made under the provisions of th is section, and t h e full a m o u n t of survey fee shal l be paid t h e r e w i t h ; and t h e appl icant shall , before his
appl icat ion is confirmed, satisfy t h e Loca l L a n d Board t h a t
his cal l ing prevents h i m l iving on the selection, and t h a t he
u l t ima te ly in tends to establish his home t h e r e o n ; a n d
(b)	A depu ty to be approved by t h e Local L a n d Board shall perform
the condition of l iving on the se lec t ion; and
(c)	The a n n u a l rent , un t i l issue of t he grant , shal l be th ree and
one-half per c e n t u m of t he capi ta l v a l u e ; and
(d)	The dwell ing house to be erected a n d main ta ined shall be not
less t h a n forty pounds in v a l u e ; a n d
(e)	The applicant shall, within three years after the confirmation of t he applicat ion, have not less t h a n one- tenth of t h e area of t h e homestead selection in full t i l lage, and shal l du r ing t h e four th and fifth years after t h e confirmation have one- fifth of such area in full t i l lage, to t he sat isfaction of t he
Local L a n d Board.

Save as aforesaid, all provisions as to homes tead selections shall apply to a homestead selection u n d e r th i s section, and the g ran t thereof w h e n issued shal l be in t h e same te rms as t he errant of a homestead selection in other cases : Provided always t h a t a conflicting appl icat ion from a person in t end ing to personal ly perform the obligation of resi­ dence shall in all cases have pr ior i ty over an appl icat ion unde r th i s

section lodged a t t he same t ime.

Dispensation

Dispensation

of requirements

of residence

in certain

cases.

19. If a n u m b e r of homestead selectors, embrac ing a t least twen ty families, w i th a view to greater convenience in the establish- m e n t of schools and churches, and to t h e a t t a i nmen t of social advantages of like charac ter , ask to be allowed to sett le toge ther in a hamle t or vi l lage adjacent to their selections, t he Governor may, in his discretion, va ry or dispense wi th t he requ i rements as to residence upon the home­ stead selection and subs t i tu te residence in such hamle t or village, subject to such conditions as he m a y prescribe.

Conversion

of Conditional

Purchases

into Homestead

Selections.

20. A n y condit ional purchase applied for before the commence­ m e n t of this A c t (whe ther wi th in a special area or not) toge ther wi th any condit ional lease held by v i r tue thereof or any adjoining condit ional purchases or condit ional leases of t he same series held by the same person, and a l t h o u g h exceeding an area of one thousand two hundred a n d e igh ty acres, may, a t any t ime after t he issue of t he certificate of con­ formity in respect of such condit ional purchase , be converted in t he prescribed m a n n e r in to a homestead selection. A n d the Governor may the reupon issue for thwi th a homestead g ran t of t he lands comprised w i t h i n t he series. F o r t h e purpose of de te rmin ing t h e a m o u n t of ren t payable t h e capi tal va lue of t h e land shall for the first ten-year period after t h e g ran t thereof be t aken to be t he s u m required t o purchase f rom the Crown the lands comprised wi th in the series, less any sums paid before t he conversion as purchase money of any pa r t of such scries, exclusive of sums paid by way of i n t e re s t ; and for every succeeding ten-year period t h e capital value of t he land shall, for t h e aforesaid purpose , be t a k e n to be t he un improved value thereof as de te rmined in accordance wi th t h e provisions of section six of t he " Crown Lands A c t of 1889 ," less any sums paid before t h e con­ version as purchase money of any par t of such series, exclusive of sums paid b y way of interest . The capital value of the land held unde r condit ional lease shall be for t h e first ten-year period thereof deemed to be t h e a m o u n t of t he ren t t h e n payable , capitalised on a two and a half per c e n t u m basis, provided tha t the lessee may , upon a r eques t m a d e in his appl icat ion for conversion u n d e r th is clause, obtain a rcappra iscment of the value, as prescribed by section th i r t een

Surrender,

fyc,

of

Homestead

Selections.

2 1 . The holder of an estate in fee-simple in possession in any

l ands g ran ted under a homestead g ran t may, wi th t he consent of t h e Governor , sur render t h e said lands to t he Crown by an i n s t r u m e n t in t h e prescribed f o r m ; t he surrenderor shall be ent i t led to t e n a n t r i gh t (as t he same is hereinafter defined) in improvements exis t ing at t he da te of such surrender upon the surrendered lands .

U p o n t h e forfeiture to the Crown of lands g ran ted under a homestead gran t , t h e Governor (upon appl icat ion in the prescribed m a n n e r ) may , by notification in the Gazette, g ran t t he last owner of such lands t enan t r igh t (as the same is hereinafter defined) in improve­ m e n t s exist ing at t h e date of such forfeiture u p o n the forfeited lands.

Homestead

Selections.

22. E x c e p t as against t h e Crown, any land which has been applied for as a homestead selection, and for which the appl icat ion has been confirmed, shall be deemed to be land cont rac ted to be granted, and except as aforesaid t he confirmation of the said applicat ion shall be deemed to be a sale of the said land.

v

The

The

following

sections of

t h e

P r inc ipa l A c t ( toge ther w i t h

al l

sections amend ing t h e

same) , sections one h u n d r e d and

twenty-one;,

one

h u n d r e d

and

twenty- two,

one hundred

and twen ty - th ree ,

one

h u n d r e d and thirty-five, and one hund red and forty-one

of t h e

" C r o w n

L a n d s A c t of 1884 ," sections

th i r ty - two , forty-two, and

forty-four

of

t h e " Crown Lands Act of 1889 , " and the" A c t

fifty-fifth

Victor ia

n u m b e r one shall apply to homestead selections, un t i l t h e g r a n t thereof, in t he same way as if t he expression " purchase " or " condit ional p u r c h a s e " included a homestead selection, and t h e expression

" c o n d i t i o n a l

p u r c h a s e r "

inc luded

t h e

appl icant

for

or

holder

of

a

homestead selection.

Protection

of Homestead

Selections.

23. The owner for t he t ime being of a ho ld ing consist ing of a homestead selection whe the r g ran ted or ung ran t ed , m a y in any case where his home is established upon such holding, obta in for such hold ing protect ion unde r this Ac t by regis ter ing w i t h t h e l and agen t for t h e district , or a n y o ther prescribed au thor i ty , an i n s t r u m e n t in t h e prescribed form ; a n d the land agen t or o ther prescribed au thor i ty shal l enter such par t iculars as m a y be prescribed in a book to be kep t b y h i m for t he purpose, a n d such book shal l be open to inspection by t h e publ ic a t such t imes and subject to such conditions as to p a y m e n t of fees or otherwise as m a y be prescribed.

A n y holding protected u n d e r th is Act—•

(a)	Shall not be sold under any writ of execution issuing out of
a n y C o u r t ; and
(b)	Shall not vest in any official assignee or trustee, or be ordered to be conveyed upon t h e b a n k r u p t c y of t h e owner

thereof, or pass b y any ass ignment for t he benefit of his

c red i tors ; and

(c) Shal l no t in a n y other way be t a k e n from

t h e

owner

thereof

for t he satisfaction of any debt or l iabil i ty under process or

cons t ra in t

of

law.

A n y t ransfer ,

ass ignment , al ienation, conveyance, charge, or

i n c u m b r a n c e

of a hold ing protected under th is A c t

shall be

absolutely

void, b u t

n o t h i n g

herein

conta ined

shall

affect

t he val idi ty of

a n y

such charge or i n c u m b r a n c e

created

before

t he

holding, which is t he

subjec t thereof, was regis tered.

Regis t ra t ion shall no t have t he foregoing effect, if t h e owner is

in insolvent c i rcumstances a t t h e da te thereof; a n d the protect ion shall

cease as to any holding,

(a) W h e n t h e owner ceases to live thereon as his home ; or

(b)

W h e n he obtains for

ano ther hold ing

protect ion

u n d e r

th is

A c t ;	or
(c)	W h e n t h e owner transfers t he holding.

Provided always t h a t n o t h i n g in this section contained

shall

(a)	e x e m p t t he holding, or pa r t thereof, or interest there in , f rom levy or sale for ra tes or t axes hereafter to be legally imposed; or
(b)	affect any remedy for any cause of action accruing before the registrat ion, or for any breach of t rus t , or for any debt for rent , ins ta lments of purchase money, or in teres t due to t he Crown, or any power of forfeiture.

Settlement

Peases for

Agriculture

and

Grazing.

24. The Governor may , subject to the provisions of and under
t h e power hereinbefore conferred, set apa r t any t r ac t of Crown lands

to be disposed of by leases under t h e provisions hereinafter contained.

A n y

A n y t r ac t which has been so set apa r t shall be dealt wi th as

follows :—

(i)   A subdivision shall be made thereof into farms, which incases where t he land appears sui table for agr icu l ture , shall not conta in more t h a n one thousand two hundred and eighty acres ; a n d in cases where t he land appears sui table chiefly for grazing shall no t be more t h a n t en thousand two hund red and for ty acres in a r e a ; and the s tandard to be adopted in regu­ l a t i ng t he ex t en t of each such fa rm shall be t h a t t he lessee thereof may be able to establish and ma in t a in a home thereon by t h e use of t he land.

(n)	A valuation of the said farms shall be made according to

t h e capabil i t ies and si tuat ion of the farm, and in m a k i n g such valuat ion, due regard shall be paid to the t e rm and conditions of a se t t lement lease, and to t h e in tent ion of these provisions t h a t t he lessee may be enabled to establish and

ma in t a in his home thereon.

( i n ) The value, to a n incoming t enan t , of any improvements on a n y such fa rm may be appraised by the Minis te r after inqui ry and report by the Local L a n d Board in t he prescribed manner , and such appra isement shall , as be tween the Crown or t he owner of t he improvements as t h e case m a y be and any person t ak ing such farm, be conclusive evidence of t he value of the improvements a t the da te of t he appra isement .

(iv) A notification shall be publ ished in t h e Gazette

and in

a local newspaper , giving par t icu lars of t h e areas , values, and quali t ies of t he said farms, and of t h e appraised value of a n y improvement s thereon, and specifying a date from and after which leases of t he said farms m a y be applied fo r ; t he area and va lue of any farm as s tated in the said notification shall be t aken to be t he area and capital va lue thereof for t he purposes of t he provisions hereinafter contained.

(v)    From and aFter the date so specified, any person not disqualified by the Ciwvn L a n d s Acts may apply to t he L a n d A g e n t for any farm notified as aforesaid. The applicat ion shall be made in t he prescribed manner , and shall be accom­ panied by one half year 's r en t in advance, and by a survey fee upon the prescribed scale.

(vi)  The applicant shall satisfy the Local Land Board that he is qualified to m a k e t h e applicat ion, and t h a t the same has been

made in accordance wi th t he provisions of th i s Ac t . The

Local L a n d Board shall confirm the applicat ion, if so satisfied, unless i t permits t h e appl icant to wi thd raw t h e s a m e ; if no t so satisfied i t shall disallow the aj>plication.

The concluding par t of subsection (v) and the whole of subsection (vi) of section th i r t een of this Ac t shall as far as applicable apply to th is section.

Settlement

Leases.

25. The Governor m a y g ran t to an appl icant whose appl icat ion has been confirmed b y the Local L a n d Board, a se t t lement lease of the f a rm applied fo r ; and upon the issuing of the lease, t he appl icant m a y t ake possession of t he farm, and any occupat ion license or a n n u a l lease shall t he reupon cease and de te rmine in so far as i t affects the said farm.

T h e t e r m of t he lease shall be twenty-e ight years, and the lease

shall be in the prescr ibed form, and shall contain provisions to secure :—

(a)	That the lessee shall pay an annual rent of one and one
quar te r per c e n t u m on the capital va lue of t h e farm as fixed
under th is A c t : (b)

(b)	That the lessee shall pay the value of the improvements as appraised, and interest on such va lue a t t he ra te of four pounds per c e n t u m per a n n u m , t he p a y m e n t be ing made in one
ins ta lment or a t his option in th ree equal year ly ins ta l ­
men t s a t t he dates and in t he m a n n e r prescr ibed:

(<?) Tha t t he lessee shall reside on the f a rm and m a k e i t his bond

fide residence du r ing t h e whole t e rm, or if t h e lease have been transferred by way of bond

fide

mor tgage , t h e n t h a t t he owner,

subject to such mor tgage , shal l so reside :

(d)	T h a t t he lessee shall fence t he fa rm wi th in five years :
(e)	That the lessee shall conform to any regulations made by the Minis te r re la t ing to keeping the farm clear of rabbi ts and o ther noxious animals , and also to c lear ing the farm of sc rub and noxious weeds.
( / ) T h a t t he lessee shall no t assign or sublet w i thou t	t he

Minis ter ' s

consent.

{(J) T h a t the Governor m a y forfeit t he lease upon breach of any of t he conditions, covenants , and provisions there in contained. The lease may also contain such addit ional provisions, con­ ditions, and covenants as to t he Governor may seem expedient in t he publ ic interest .

U p o n the expira t ion of t he full t e r m of t he lease t he last holder thereof shall have t e n a n t r i g h t	(as t h e same is hereinafter
defined) in t h e improvements thereon.

Improvement

Leases.

26.    The Governor may, u n d e r th i s section, g ran t leases of Crown

lands, which, by reason of inferior qual i ty , heavy t imber , scrub, noxious animals , undergrowth , marshes , swamps, or other similar cause, a re not su i table for se t t lement u n t i l improved, and can only be rendered sui table by the expendi tu re of large sums i n t h e improvemen t thereof. The g r a n t i n g of t h e leases shall be subject to t h e provisions he reunder c o n t a i n e d : —

(i)   The term of the lease shall not exceed twenty-eight years, and shall commence from the da te of t h e execut ion of t h e lease.

( n )	The area included in t he lease shal l no t exceed twen ty
t housand four hund red and e igh ty acres.
( i n )	The a m o u n t bid a t a sale by pub l i c auc t ion of t he lease or offered by an accepted t ender shall be t h e year ly r en t of the l ease ; b u t an upset ren t m a y be placed upon any such lease, if offered by auct ion, and the Governor shall no t be b o u n d to accept any tender .

(iv)  The lease may contain such covenants and provisions as to t h e Governor m a y seem expedient according to t he c i rcum­ stances of each case, and all such covenants and provisions shall be notified in t he Gazette and in a local newspaper before t he lease is offered for sale or tenders called for. The lease shall conta in covenants and provisions for t he improve­ m e n t of the land leased and for t he expendi tu re of money thereon, for the p a y m e n t of ren t , and for the determinat ion of t he lease upon any breach by the lessee of t he covenants and provisions thereof.

(v)    U p o n t h e expira t ion of the t e r m of t he lease by effluxion of t i m e t h e lessee shall have t enan t - r igh t (as the same is herein­ after defined) in improvements .

(vi)

(vi) The Governor may on application as prescribed extend the

t e r m of a n y scrub or inferior land lease granted unde r the Pr inc ipa l Acts to a t e r m no t exceeding twenty-e igh t years on such te rms and conditions as h e m a y t h i n k fit, b u t such te rm shall lie computed from t h e commencement of such lease u n d e r those Acts , and m a y g r a n t to t h e last holder

thereof t e n a n t r i g h t as defined in th is Ac t .

Homestead

Grants

out of

Leases.

27. The holder of any pas tora l or homestead lease in the W e s t e r n Division, or of any scrub lease not be ing wi th in a pas tora l or homestead lease, or of any lease of inferior lands, w h e t h e r g ran ted before or after t h e commencemen t of this Ac t , or of any improvemen t lease, whose dwell ing-house m a y be erected on Crown lands, may , a t any t ime dur ing t h e last year of t he t e r m of t he lease, app ly for the port ion of t he leasehold which contains such dwell ing-house n o t exceeding six h u n d r e d a n d forty acres in area, as a homestead selection, subject to t he provisions he reunder contained :—

(i)   The area which may be so applied for shall, before the date of t h e appl icat ion for t h e same, have been improved b y t h e holder of the lease or h is predecessors in t i t le w i th pe rmanen t , fixed, and substant ia l improvements to t h e value of one pound per acre, and the improvements shall a t the date of the appl icat ion be on the land and be the proper ty

of t h e appl icant .
( n )	The applicat ion shall be m a d e in t he prescribed manner , and the appl icant shall , before t he g ran t is issued, pay the full cost of survey.

( i n ) The land shall be measured in t he same form as if it were an original condi t ional purchase , and the measu remen t shall be completed before t he applicat ion is confirmed, and t h e Local L a n d Board shall have t he same powers of modification, a l lo t t ing land, and otherwise, in respect of any such applicat ion as it has in t he case of applicat ions for condi t ional purchases .

( iv)   The Governor may thereafter g ran t to t he appl icant t h e land for which t h e applicat ion has been confirmed as a homestead selection, t he value of which shall be de termined in accord­ ance wi th t he provisions of section six of t he " Crown Lands

A c t of 1889 ," and be subject to reappraiscment as also hereinbefore provided.

(v)    U p o n the issuing of t he g ran t t he land granted shall be wi th­ drawn from the lease, b u t t he lease shall otherwise cont inue in full force and effect.

The holder of a se t t lement lease may m a k e the l ike

applicat ion

for a homestead selection out of the land leased, and t h e foregoing provisions (o ther t h a n t h a t requi r ing improvements to the value of one pound per acre) shall apply in any such case, except t h a t t he m a x i m u m area which m a y be applied for and g ran ted shall be one thousand two hundred and e ighty acres.

P A R T

P A R T

I V .

Conditional Purchase, &c, Amendments.

Suspension

of payment

of Instalments

upon

Conditional

Purchases.

28. The holder of a condit ional purchase may , in case of t em­
porary inabi l i ty to p a y the ins ta lments of purchase money thereon as

they fall due, apply to t h e Minis te r in t h e prescr ibed m a n n e r t h a t t he

condit ion

of

p a y m e n t a t t ach ing

the re to

m a y

be suspended ;

and

t h e

Min i s t e r may , e i ther wi th or w i thou t reference to t he Local L a n d Board, u p o n the condit ional purchaser p a y i n g t h e prescribed fee to cover expenses incur red by t h e Crown in consequence of t he aforesaid appl icat ion, suspend t h e said condit ion for one year u n d e r any one suspension.

D u r i n g the period of a n y such suspension, in teres t on t h e

balance

of purchase money, ca lcula ted a t t he ra te of four per c e n t u m per a n n u m , shall be added to t h e balance of t he purchase money owing, unless t h e condi t ional purchase r pays such in teres t on t h e da te a t which a n ins ta lment of purchase money would otherwise be payable .

The Minis te r shall no t g ran t suspension of t he condition of pay­ m e n t unless he is satisfied t h a t t h e holder of t h e said condit ional purchase, or if t h e same has. been t ransferred by way of mor tgage , t h a t t h e owner thereof subject to such mor tgage , is in residence upon t h e said condit ional purchase , or u p o n some purchase or lease of t h e same series, and is t he holder or owner thereof (as t h e case m a y be) bond fide for his sole use and benefit.

Suspension of

t h e condit ion of

p a y m e n t shal l be deemed to be

d e t e r m i n e d : —

(a)

U p o n the condit ional purchase be ing t ransfe r red ;

or

(b) U p o n the holder or owner ceasing to reside upon t h e series ; or

(c)	U p o n an ins ta lment of t h e purchase money being paid.

U p o n

t h e

expirat ion of

t he period of

suspension, p a y m e n t

of

ins ta lments , as prescribed by t h e Crown L a n d s Acts , shall be resumed, and no sums paid by way of in teres t as aforesaid shall be t a k e n to form pa r t of t he ba lance of purchase money.

Term of Residence

for Conditional

Purchases

applied for

after

this

Act.

29. The holder of any condit ional purchase applied for after

t h e commencemen t of this A c t

(not be ing unde r section forty-seven

of t he

" C r o w n L a n d s Act of 1 8 8 4 " )

shall hold t h e

same subject to a

condit ion of residence un t i l t h e

expira t ion of t en years from t h e date

of t h e appl icat ion for t h e condit ional purchase . Residence for t h e purposes of t h e said condit ion shall be t aken to m e a n cont inuous and bond fide l iv ing on the l and as t he holder 's usua l home w i t h o u t a n y o ther hab i tua l residence :

Provided alwavs

t h a t —

(a)	"When a conditional purchase has been transferred bond fide by way of mor tgage t h e condit ion of residence m a y be per­ formed by the owner subject to such mor tgage ; and
(b)	When the beneficial owner of a conditional purchase dies, or is declared a luna t ic , t h e condi t ion of residence shall be sus­ pended un t i l the condit ional purchase has been t ransferred
or conveyed, a n d no longer ; a n d
(c)	The Local Land Board shall hold inquiries after the expira­ t ion of five and ten years from t h e date of the appl icat ion whe the r all conditions applicable to t h e condit ional purchase

except

except p a y m e n t of ba lance of ins t a lmen t s have so far been duly complied wi th , and if t h e Board be satisfied of such compl iance it shall issue certificates to t ha t effect; and

(d)	The condit ional purchase m a y be transferred a t any t ime after t h e issue of t h e first certificate, and shall no t be t ransferred before t h e issue thereof, and the g ran t shall no t be issued before t h e issue of t he second certificate.
U p o n a n y defaul t in t he performance of t h e said condit ion	of

residence t he Minis ter shal l have t he same power of forfeiture as he

now has in o ther cases of non-fulfi lment oi* t he prescribed condit ions.

Residence

on Additional

Conditional

Purchases,

Sfc.

30. The condition of residence defined in t h e last preceding section shall a t t a ch to every addit ional condi t ional purchase or conditional lease appl ied for after t he commencemen t of this Ac t , and i t shall b e : immate r i a l whe the r t he original condit ional purchase of t h e series was m a d e before or after the commencement of this Act . The said condit ion shal l no t be t aken to have been performed by the performance of t he condit ion of residence which a t t ached to t he original conditional purchase , or any prior addi t ional condit ional purchase of t he same series:

Provided

a lways

t h a t —

(a)	If the person fulfilling the condition of residence has, before t h e commencemen t of t h e t e r m of such residence, con­ t inuous ly resided upon some purchase or lease of t he same series, t h e t e r m of residence shall be reduced by the period, du r ing which residence was previously carried on, b u t not so
as in any case to be reduced to less t h a n five y e a r s ; and
(b)	Condit ions of residence a t t ach ing to a n y n u m b e r of purchases
or leases of t he same series m a y be performed concur ren t ly ;

and

(c)	A person residing upon any purchase or lease of a series shall, for t h e purposes of any conditions of residence, be t a k e n to •be residing upon every purchase or lease of t he series.

The performance of t h e aforesaid condition of residence in respect of an addit ional condit ional purchase or a condit ional lease shall be waived so long as t he person, upon w h o m t h e performance of t h e said condit ion would for t he t ime being devolve, is t h e person who applied for t he or iginal condit ional purchase of t h e series and for t he said addit ional condit ional purchase or condit ional lease. B u t this

addi t ional condit ional purchase or condit ional lease—•

(a)

has t aken u p a full a r e a ;

or

(6) is t h e owner of a full a r e a ;	or
(c)	has owned a full area at any time previous to the date of appl icat ion, and has divested himself of t he ownership thereof by transfer, conveyance, ass ignment , or otherwise, or purpor ted so to do in order to obta in t he benefit of t h e foregoing provision.

I n t he construct ion of the foregoing provision a full area shall be t a k e n to m e a n an aggrega te area of condit ional purchases and con* dit ional leases, w h e t h e r of t he same or different series, a m o u n t i n g to two thousand five, h u n d r e d and sixty or more acres in t he Centra l Division, or one thousand two hund red and e ighty or more acres in t h e E a s t e r n Division, or one thousand n ine hund red and t w e n t y or more acres if the said condit ional purchases and conditional leases are some in one Division a n d some in another Division.

A n addi t ional condit ional purchase if m a d e ou t of a

condit ional

lease appl ied for before t h e commencemen t of th is Ac t shall not be

Additional

conditional

purchases

and conditional

leases not barred

by

issue of grant for

original.

3 1 . The p a y m e n t to t h e Crown of

t he balance of

purchase

money due upon any conditional purchase or t h e issue of a g ran t in respect thereof shall no t p reven t addi t ional condit ional purchases be ing made , and condit ional leases be ing granted, in t h e same way as if t h e said balance had not been paid, or t h e said g ran t had not i s sued ; and i t shall be immate r i a l whe the r the paymen t of t he said balance or t he issue of t he said g ran t took place before or after t he commencemen t of this Ac t .

Al l addit ional condit ional purchases and condit ional

leases, t he

applications for which were confirmed before t h e commencemen t of this Act , are hereby declared to have been and to be valid, so far as regards any objection to t h e val idi ty thereof based upon the fact t h a t before t h e date of t he applicat ion therefor, t h e balance of purchase money had been paid, or a g ran t had been issued, in respect of t h e original conditional purchase or any prior addi t ional condit ional purchase of t h e same ser ies :

Provided always t h a t t he

foregoing

declarat ion

shall no t

prejudice or affect

any appl icat ion lodged, or t i t le acquired, before t he

commencemen t of th is Act .

Abolition

of

Declarations.

32. After t he commencement of this Ac t no declarat ion (whether now due or hereafter to become due) as to t h e due fulfi lment of a n y condit ion of residence, fencing, or improvemen t shall be requi red in connection wi th a n y condit ional or addi t ional condit ional purchase ,

whether made before or after t h e commencemen t of this Act .

A n y

provision requ i r ing a declarat ion to be m a d e as to t h e due fulfilment of a n y such condit ion as aforesaid shall be construed, as if the same required t h e due fulfilment of t he said condi t ion and , if there be no other definition of such condit ion, defined t h e n a t u r e thereof.

Alternative

condition

of fencing

or of

improvement.

33 . Every condit ional purchase, not be ing under section forty-

seven of t he " Crown Lands Ac t of 1884 ," and every condit ional lease

shall be subject , a t t he opt ion of t h e purchaser or lessee, and wi thou t
any appl icat ion in t h a t behalf, to a condi t ion of fencing, or in t he
a l ternat ive to a condit ion of improvemen t . Al l t he provisions of the P r inc ipa l A c t in respect of t he said condit ions and al l incidents thereof shall be appl icable to every such condit ional purchase and condit ional lease as aforesaid wi th t h e following qualifications :—

(«) The period for fulfi lment of t h e condit ion of fencing shal l (subject to t h e provisions whereby a n extension of t h e period or a suspension of t h e condi t ion m a y be granted) be th ree years .

(b)	No application for permission to substitute other improve­ m e n t s in l ieu of fencing need be made .

The provisions of th is section shal l app ly to any exis t ing

condit ional pu rchase or lease, t h e applicat ion for which has been

confirmed w i t h i n two years before t h e commencemen t of

this A c t :

Provided always t h a t t he r i gh t to sue, or impound , for trespass by stock upon t h e lands, whils t unfenced, shall be subject to t h e provisions hereinaf ter contained.

Subdivision

Subdivision

of Conditional

Purchases.

3 4

A n y condit ional purchase

of not

less t h a n

one h u n d r e d i

acres may , upon applicat ion by t h e holder at any t ime after t h e issue 1 of a certificate of conformity in respect thereof, be subdivided in to portions which shall in no case be less t h a n forty acres each.

The appl icat ion shall be accompanied by the prescribed deposit wh ich shall be available for t h e p a y m e n t of t he costs of any survey and repor t which m a y be r e q u i r e d ; and the appl icant shal l sur render such land as m a y be necessary for providing roads of access to t h e subdivided port ions, which land shal l t he r eupon become Crown land free from any claim of t he condit ional purchaser there to .

The Loca l L a n d Board shall set t le t he l ine or l ines of subdivision
so as to conform to any regula t ions wh ich m a y be made in t h a t

behalf, and shal l de termine t he port ion of t he subdivided condit ional

condit ional purchase before t h e subdivision thereof shal l be a t tached, b u t so t h a t the conditional lease shall be a t t ached to such por t ion thereof as t he appl icant proposes not to t ransfer .

Af te r subdivision the balance of purchase money payable in
respect of a n y portion of t h e subdivided conditional purchase may be

paid u p and a g r a n t thereof issued, as if such por t ion were a separate

N o por t ion measured off in any such subdivision as aforesaid shall be capable of be ing separated by transfer , devolution, or otherwise from the residue of such port ions, un t i l a g ran t of such first-mentioned por t ion has been issued.

Conditional

Leases.

35. Subject to p a y m e n t of

rent and fulfi lment

of any

p r e - '

scribed conditions, all condit ional leases, whe the r granted before o r '
after t h e commencemen t of th is Act , shall have a t e r m of twen ty -

eight years from the respective dates of the i r c o m m e n c e m e n t : P r o ­

lease t he r en t of t h e land may , on t h e applicat ion of t h e lessee, or on a reference by t h e Minister be rede termined in accordance wi th the provisions of section six of t h e " Crown Lands A c t of 1889 ."

Conditional

Purchases

within

Special

Areas.

36. W h e r e an applicat ion for a condit ional purchase wi th in a special area has been confirmed before t he commencemen t of th is Ac t , t h e value per acre of the said condit ional purchase m a y be determined by appra i sement in accordance wi th t he provisions of section six of the " Crown Lands A c t of 1889 , " if t he holder of t h e condit ional purchase makes the prescribed appl icat ion wi th in th ree m o n t h s after t h e commencemen t of this Ac t , such applicat ion being accompanied by a fee of t he prescribed amoun t .

The va lue of t h e condit ional purchase as so de termined shall be t a k e n to have been a n d to be t he purchase money payable by the condit ional purchaser , and any sums paid before t h e aforesaid de terminat ion of va lue shal l be t aken to have been paid pa r t ly on account of such purchase money and pa r t ly on account of interest ,

such

such in teres t be ing a t

t h e ra te of four per c e n t u m per

a n n u m on the

balance of t he said purchase money for t h e t ime being unpaid .

N o

pa r t of t h e moneys paid before t he da te of t h e aforesaid de terminat ion of va lue shall be refunded or shall be set off against any p a y m e n t becoming due after the aforesaid d a t e ; and u n t i l t h e de terminat ion of value as aforesaid payments shal l be made as if no applicat ion h a d been lodged.

Af ter

t h e aforesaid

de te rmina t ion

of

value t he

ins ta lment

annua l ly payable shall be one- twent ie th of such value , or in t h e case of condit ional purchases unde r section forty-seven of t h e " Crown L a n d s A c t of 1884 ," one- ten th of such v a l u e ; and the p a y m e n t of ins t a lmen t s of t he said a m o u n t shall be cont inued un t i l p aymen t of t h e purchase money, toge ther wi th in teres t on t h e balance for t he t ime being u n p a i d a t t h e ra te of four per c e n t u m per a n n u m has been completed.

The appor t ionment of sums paid before t h e aforesaid

de te rmina­

t ion of va lue between pu rchase money and in teres t shall be subject

to t he fol lowing provisions :—

(a)	The deposit and the first instalment shall be taken to have been paid whol ly on accoun t of purchase money .
(b)	The a m o u n t of every ins ta lment succeeding the first shal l be appropr ia ted in t h e first place to t h e paymen t of interest as aforesaid, and the residue thereof shall be credited to purchase monev .

P A R T

V.

General Provisions.

Formal applications

to Local Land

Board.

37. The Cha i rman shall have power, on behalf of a Local L a n d

Board, to deal wi th appl icat ions for—•

(«) Permiss ion to inclose a road or water -course wholly or in par t .

(b)	Suspension of the condition of fencing attaching to a con­
fulfilled. ex tens ion of t h e period wi th in which the condit ion shal l be dit ional purchase , condit ional lease, or homestead lease, or
(c)	E x e m p t i o n from fencing a n y por t ion of t he boundary of a

condit ional purchase , condi t ional lease, or homes tead lease.

(d)	E x e m p t i o n to t h e members of one family in pur suance of section seventeen of t h e " C r o w n Lands A c t of 1889 , " from any condit ion of fencing or improvement , o ther t h a n the erect ion of a r ing f e n c e ; a n d for prescr ib ing t h e charac ter of such
fence and fixing or ex tend ing t h e t e r m wi th in which the

fence shall be erected.

(e)	Eor such other formal orders as may from time to time be prescribed.

The Cha i rman m a y deal w i th any such appl icat ions as aforesaid, no t s i t t ing in open Court , a n d after h a v i n g given not ice to t h e par t ies concerned ; and where h e does not g ran t t he appl icat ion t h e same shal l af terwards be deal t w i th in due course by the Loca l L a n d B o a r d ; a n d he m a y in any case, instead of deal ing wi th a n

appl icat ion as aforesaid, b r ing t h e same before t he Local Land

Board.

Ballots

Ballots.

38. W h e n any applications lodged wi th t he land agen t a t the same t i m e are conflicting (whether severally or collect ively), t he laud agen t shal l de te rmine by ballot in t he prescribed m a n n e r t h e priori ty of t he applicat ions.

Conflicting applications shall be dealt w i th by the Local

L a n d

Board in t he order of thei r pr ior i ty as de termined by ballot .
Appl icat ions for condi t ional purchases and condit ional leases
of t he same series shall, for t he purposes of any ballot, be deemed to

form together a single appl icat ion for t he whole of t h e land comprised

Deposit on Appeals

from

Local Land

Board.

39.    After t h e commencemen t of this A c t t h e s u m to be deposited

wi th every notice of appeal agains t any recommendat ion , de terminat ion , decision, or award of any Local L a n d Board, shal l be five pounds,

Limitation

of Privilege

of Selecting,

8fc.

40. Homes tead selections, se t t lement leases, original homestead leases and original condit ional purchases (such homestead leases and condit ional purchases be ing appl ied for after t h e commencemen t of this Act ) form t h e class of holdings referred to in th i s and the n e x t following sections.

N o person, who, after t he commencement of th i s Act , applies for a n y holding of t h e aforesaid class, and obta ins a t i t le there to in pur suance of such applicat ion, shal l bo qualified to apply for ano ther hold ing of t h e aforesaid class w h e t h e r of t h e same k ind as, or of a different k ind from, t h e hold ing first applied for, unless he has pre­ viously obtained a certificate as prescribed t h a t ho was compelled by adverse c i rcumstances to abandon or to sur render t h e hold ing first

P o r t h e purposes of this section t i t le in pursuance of a n applica­ t ion shall be t aken to have been ob ta ined—in t h e case; of homes tead selections, se t t lement leases, and original condit ional purchases—when the appl icat ion has been confirmed by t h e Local L a n d Board , a n d in t h e case of homes tead leases w h e n t h e approval of t he issue of t h e lease has been notified in t h e Gazette, and a valid not ice of non- acceptance has no t been duly given :

enacted by th is section shal l cease to operate u p o n t h e expi ra t ion of t h e t e r m of t he lease by effluxion of t ime , or if t h e lease have been forfeited, surrendered, or otherwise sooner de te rmined t h e n upon t h e expira t ion of t he period which t h e t e r m of the lease would have had to run , b u t for such forfei ture, surrender , or o ther sooner de t e rmina t ion :

Provided, nevertheless ,

t h a t

no twi ths t and ing

t h e

non-ob ta in ing

of such certificate, any person m a y , with t h e approval of t he Min is te r in wr i t ing previously had, exercise any r igh t conferred unde r th i s or t he

Disqualifications

Disqualifications

from

Selecting,

Sfc.

4 1 . N o person shall be competen t to apply for a n y hold ing of

t he class referred to in t he last preceding section w h o —

(a)	A t t h e date of applicat ion o w n s ; or
(b)	Owned at any time previous to the date of application, and f raudulent ly divested himself of t he ownership thereof by transfer , conveyance, ass ignment , or o therwise , or purpor ted so to do, in order to evade t h e foregoing provis ion;

an area of land, which area, added to t h e area of t he ho ld ing applied for, shall exceed as a to ta l area t he m a x i m u m area pe rmi t t ed by law to the class of holding applied for.

F o r t h e purposes of t h e foregoing provision lands g ran ted

in

fee s imple, or condit ionally purchased, or condit ional ly leased, from
the Crown shall alone be t aken into account .

A person wh o is not a na tu ra l -bo rn or na tura l ized subject of H e r Majes ty shal l no t be qualified to apply for any hold ing of the class referred to in t he last preceding section unless he has resided in N e w South "Wales for one year, and at the t ime of m a k i n g such applicat ion he lodge a declarat ion of his in ten t ion to become na tura l ized w i th in five years from the t i m e of m a k i n g such declarat ion. A n d if such person fails to become so na tura l ized Avithin t he period aforesaid, he shall absolutely forfeit all l and the subject of his application, toge ther wi th all improvements thereon.

Application

to be made in Good

Faith.

42. Ev'ery appl ica t ion for a homestead selection or condit ional purchase , or for a se t t lement , condit ional , or homestead lease, is hereby requi red to be made in good fai th ; and an applicat ion shall be t aken to be m a d e in good fai th w h e n t h e sole object of t h e appl icant in m a k i n g t h e appl icat ion is to obtain t h e land or a lease thereof, as t he case m a y be , in order t h a t he m a y hold a n d use t he land for his own exclusive benefit according to laAV.

The Local Land Board shall disallow an applicat ion for any such hold ing as aforesaid, or in t he case of a homestead lease shal l r ecommend t h a t the appl icat ion be refused, unless i t be satisfied t h a t t h e appl icat ion is made in good faith.

I n any case where t h e Local L a n d Board is satisfied t h a t

an

appl icat ion for any such hold ing as aforesaid has been made otherAvise

t han in good faith, i t shall have power to declare t h a t a n y moneys
lodged wi th such applicat ion shall be forfeited to t h e Crown, and the

same shall be forfeited accordingly :

Provided ahvays t h a t t he Local L a n d Board shall no t disallow an appl ica t ion for a n addi t ional condi t ional purchase or for an

addit ional

homestead lease as no t h a v i n g been m a d e in good faith, mere ly because t h e original condi t ional purchase or original homestead lease is subject to a mor tgage .

E v e r y applicat ion for

a

condit ional purchase , or condit ional or

homes tead lease, which is pend ing a t

t h e

commencemen t of th is Act ,

shall be deemed to be Avithin t h e provisions of th is section.

Forfeiture

for

want of Good

Faith.

4 3 . I n any case where an appl icat ion for a homes tead selection, a condit ional purchase , or for a se t t lement or condit ional lease has been confirmed, or an appl icat ion for a homestead lease has been recommended for approval , after t he commencement of th i s Act , and i t

appears to t h e sat isfact ion of the Local L a n d

Board—

(a)	t h a t t h e appl icat ion Avas no t made in good fai th ; or

(5)

(&) t h a t t he land is no t he ld or used for t h e exclusive benefit of t h e selector, purchaser , lessee, or appa ren t owner thereof ;

acqu i r ing any interest in a homestead selection, condit ional purchase , se t t lement lease, condit ional lease, or homestead lease, after t he same becomes capable of being transferred, unless he shall , before acqu i r ing such interest , have had not ice of a violation of t he provisions of t he last preceding section, or of t h e in ten t ion to ins t i tu te an inqu i ry as to such violation.

A n y person A V I I O , before t he issue of a certificate

of

conformity

in respect of a condit ional purchase , whe the r made before or after the commencemen t of th is Act , takes a t ransfer or conveyance

thereof, or of any interest there in , shall be held to have t a k e n the same
wi th notice and knowledge of all facts and ma t t e r s by reason of wh ich such conditional purchase may be l iable to be forfeited or declared void.
Al l agreements for t he sub- le t t ing of a homes tead lease shal l be; in wr i t ing , and a copy of every such ag reemen t shall be verified and sent to t he C h a i r m a n of t h e Local L a n d Board in t he prescribed manner . A n y sub- le t t ing which is no t elfected by an ag reemen t in Avriting, or in respect of which a copy of t h e ag reement is no t verified and sent as aforesaid, may , in t he absence of any sufficient explanat ion, be t a k e n to be evidence t ha t t he homestead lease is no t held or used for t h e exclusive benefit of the lessee or appa ren t owner

thereof.

Validation

of Purchases

and

Leases.

4 1 . A n y purchase or lease of Crown lands purpor t ing to have

been heretofore made or granted under t h e provisions of the repealed Acts or t h e Pr inc ipa l Act , shall no t be held to be void by reason of any breach or non-observance of t h e provisions of t h e said Acts , b u t every such breach or non-observance as aforesaid (if of a n a t u r e to affect t he validity of the purchase or lease) shall render t h e same voidable only a t t he ins tance of t h e Crown.
If any such purchase or lease as aforesaid appears to be void­

able a t t he ins tance of t he Crown, t h e Minis ter may , in pur suance of

N o t h i n g in this section conta ined shall	affect—•
(a)	Any right accrued prior to the date of such purchase or lease.

(5) A n y appl icat ion for a condit ional purchase or lease made before t h e t h i r t e e n t h day of September , one thousand eight hundred a n d ninety-four , in rel iance on the fact t h a t t h e quest ioned purchase or lease was void.

(c)

A n y proceedings p e n d i n g on the beforementioned

day.

(d) A n y r emedy by wr i t of scire facias

where a g ran t has

been or shall have been issued for any such purchase as

aforesaid.

The provisions of th is section shall apply in l ike m a n n e r

to

purchases or leases p u r p o r t i n g

to

be m a d e or g ran ted

after

the com­

mencemen t of th i s A c t ; h u t t h e Governor shall not , in any such case, declare t ha t t he purchase or lease shall cease to he voidable, unless not ice of t h e in tent ion to m a k e such declarat ion shall have la in before both Houses of Pa r l i amen t for not less t h a n n ine ty days, w i thou t be ing objected to by specific resolut ion.

Reverters.

45. The provision in section th i r ty - two

of t h e " Crown L a n d s

A c t of 1889 ," whereby in cer ta in events lands revert or a re added to cer ta in leases, reserves, or other areas as the re in set for th , b u t only in case such lands are wholly s i tuated w i th in the ex te rna l boundar ies of such leases, reserves, or o ther areas shall , after t h e commencement of th i s Act , ex tend and apply to cases where t he lands are in p a r t s i tuated wi th in such ex te rna l boundar ies : Provided a lways t h a t only so m u c h of t he said lands shall rever t or be added to t he lease, reserve, or o ther

area as is s i tua ted w i th in t he aforesaid

ex te rna l

boundar ies .

P o r

t h e purposes of

section

th i r t y - two

of t h e " Crown

Lands

A c t of 1 8 8 9 " and of th is section :—

(a)	The external boundaries of any pastoral lease or occupation license are hereby declared to be and to have been so m u c h of t he ex terna l boundar ies of Lthc pas tora l hold ing du ly defined
unde r au thor i ty or recognised by t h e L a n d s D e p a r t m e n t as

toge ther w i th t he dividing l ine de te rmined unde r section seventy-six of the " C r o w n Lands Ac t of 1 8 8 4 " form the ambi t wi th in which the pastoral lease or occupat ion license is s i t u a t e d :

(b)	The external boundaries of any reserve from sale or lease, or license, or reserve from condi t ional purchase , or of any popula t ion area, or special area, or homestead selection area, or

se t t lement lease area, or s u b u r b a n lands or gold-field, are hereby declared to have been a n d to be t he boundaries as described in t h e Gazette .-

Provided always t h a t no th ing contained in th is section shall
affect any condit ional purchase or condit ional or o ther lease for which

t h e appl ica t ion has been confirmed, approved, or granted before t he

commencemen t

of t h i s

Act .

Special

Leases.

46.

No twi th s t and ing

a n y t h i n g

to

the cont ra ry

in

t h e

Pr inc ipa l

Acts , t he r e shall no t be any fixed m i n i m u m ren ta l for any special lease : A special lease m a y b e gran ted for business purposes or for t he erection of bui ldings : The t e r m of any special lease (whether applied for before or after t he commencemen t of th i s Ac t ) m a y be fixed for, or extended

to, any t e r m not exceeding twen ty -e igh t

years.

Exchanges

Exchanges

and

Surrenders.

47. I t shal l he lawful for t h e Governor, on behalf of t h e Crown, w i th the consent of t he owner, to exchange any Crown lands for any other lands of which a gran t in fee simple has been issued or m a y be called for, and to accept such surrenders and issue such g ran t s as m a y be necessary for effectuating an exchange .

I t shall be lawful for t he Governor to accept a surrender of lands, in respect of which a ba lance of purchase money remains unpaid , if u p o n p a y m e n t of such balance wi th or wi thou t in teres t thereon, the r igh t to a g ran t of t he said lands in fee simple will become absolute, and to g r a n t Crown lands in exchange the re fo r ; b u t in a n y

t he aforesaid ba lance of purchase money or any r igh t , r emedy , or l iabil i ty in respect thereof, and a g ran t of the Crown lands allotted in exchange shall no t be issued un t i l t h e aforesaid balance of purchase money toge ther w i th in teres t has been duly paid.

W h e n any lands have been sur rended as aforesaid and Crown lands have been al lot ted in exchange therefor, t h e provisions of t he Pr inc ipa l Ac t in respect of t h e p a y m e n t of t he balance of purchase money toge the r w i t h in teres t and of forfeiture upon default , shall be deemed to apply to the lands so al lot ted in t he same way as if the lands so allotted were t h e lands originally purchased.

T h e Governor m a y reserve from sale and lease any lands inc luded in an appl icat ion or proposal for a n e x c h a n g e ; and the Local L a n d Board shall inqui re into and report upon any applicat ion or proposal referred to such Board by t h e Minis ter , and the values of any lands included there in shall be de termined in accordance wi th the provisions of section six of t h e " Crown Lands Ac t of 1889 ," before t he exchange is carried out . I n any such exchange the lands exchanged shall as near ly as pract icable be of equa l value , or if t h e Crown lands to be gran ted be of greater va lue t h e difference of value shall be paid before any g ran t is issued.

A surrender of lands to t h e Crown shall be evidenced by an

t h e Supreme Court , revest t he surrendered lands in H e r Majesty, H e r He i r s and Successors according to l a w ; and an e n t r y of any such ins t rumen t shal l be made in t he Regis ter unde r t he I l ea l P rope r ty Ac t in all cases where i t may be necessary.

L a n d s so surrendered shall become Crown lands for the purposes of t h e Crown Lands Acts , b u t shall not be available for t h e purposes
of a n y applicat ion un t i l a notification to t h a t effect has been publ i shed

in t h e Gazette. A n d such surrendered lands m a y by not ice in t h e Gazette be added to any adjoining lease or license or condit ional purchase or homestead selection (no twi ths tanding t h a t such lease, l icense, purchase , or selection m a y or m a y not a l ready conta in t h e m a x i m u m area prescribed by law) , subject to such condit ions as to p a y m e n t of purchase money or r en ta l as m a y b e determined by the Governor, and consented to by the lessee, licensee, purchaser , or selector.

No twi ths t and ing any th ing to t he cont rary conta ined

in

section

forty-six of t he " Crown Lands A c t of 1889 ," i t shall be lawful for t h e Governor, in any case in which the publ ic in teres t seems so to demand, to requi re t h a t any surrender t inder the said section shall be a surrender of t he land toge ther wi th any improvement s thereon ; and upon the surrenderor consent ing in wr i t ing there to , t h e said improvements shall, upon the acceptance of t he surrender , become the p roper ty of t he Crown. A n y applicat ion or proposal for exchange of land lawfully made before t h e commencement of th is Act , and not refused on its mer i t s or wi thdrawn, may be completed, subject to all

t he

t h e conditions agreed upon under t he original appl icat ion or proposal no twi ths t and ing the expirat ion of the pas tora l lease, in v i r tue of which such appl icat ion was made .

Eve ry proposal for sur render and exchange shal l he notified in

t he Gazette

and in a local newspaper .

Interest

on Overdue

Payments.

48.

So m u c h

of section n ine ty-s ix of t he " C r o w n

L a n d s A c t

of

1 8 8 4 " as enacts t ha t t he forfeiture of a n y lease for n o n - p a y m e n t of r e n t m a y he prevented by p a y m e n t thereof w i th an addi t ional s u m equal to five per c e n t u m of t h e a m o u n t due wi th in three mon ths of t h e due

da te

thereof or of

t en per c e n t u m

of

such a m o u n t wi th in six m o n t h s

of such date is he reby repealed.

A n y sums which shal l hereafter become payable to t he Crown, w h e t h e r as rent , license fee, pm'chase money, interest , p a y m e n t for improvements , or otherwise, shall from and after t h e due date for t he p a y m e n t thereof bear in teres t a t t h e ra te of t en per c e n t u m per a n n u m , and such interes t shall be considered as acc ru ing due day b y day. A n y such sums as aforesaid, which now are payable to t h e Crown, shall , f rom and after the commencemen t of th i s Act , bear t he l ike in teres t accru ing in t he l ike m a n n e r : Provided always t h a t a n y r en t

now payable shal l no t commence to bear

such

interes t un t i l af ter t he

expira t ion of t h e six m o n t h s referred to in the aforesaid section	n ine ty-
six, and t h a t after t he expira t ion of	such six m o n t h s t h e said in teres t

shal l be

calculated on the

original a m o u n t of t he r en t toge ther w i t h

t h e addi t ional s u m referred to in t he said section. N o t h i n g in th i s section contained shal l be const rued so as to p reven t or to compel t h e enforcement of any forfeiture, or the acceptance of any overdue sums together w i th in teres t as aforesaid.

Annual

Leases.

49. A n applicat ion unde r section th i r ty - th ree of the " Crown L a n d s A c t of 1889" for an a n n u a l lease m a y be refused by the Minis te r in a n y case where t h e g ran t ing of such lease appears to h i m to be cont rary to t h e publ ic or genera l interest .

The r e n t for an annua l lease shall commence from t h e first day of t he m o n t h succeeding the date of t he notification in t he Gazette	of
t h e Minis te r ' s approval thereof, or acceptance of t he t ender for	t he

same, or, i n t h e case of an annua l lease sold a t auct ion, f rom the day of the m o n t h succeeding the da te of such sale ; t he first year of the first

lease shall expire on the thirty-first day of December t h e n succeed ing ;

and the ren t for t h e first year shal l be p ropor t iona te to t he n u m b e r of m o n t h s be tween the commencemen t of t he lease and the said

thir ty-f i rs t

day of

December .

Residential

Leases.

50.

No twi ths t and ing a n y t h i n g as

to

area in section

for ty-eight

of t h e " Crown Lands Ac t of 1 8 8 9 " it shall be lawful for t h e Governor to g ran t residential leases in areas no t exceeding twen ty acres, and all such lessees before and after th is Ac t shal l have t enan t r igh t in improvements as hereinafter defined.

Tenant-rigid

in

Improvements.

5 1 . T e n a n t r igh t

shall

accrue upon

the

de te rmina t ion

of

t he

lease or o ther ho ld ing by reason of which the t enan t r ight is expressed to be conferred, and shall ent i t le the person in w h o m for t h e t ime

being

improvements . A n d in t he event of such persons no t pay ing the a m o u n t t h e n due and unpa id for t h e va lue of such improvements , such a m o u n t or so m u c h thereof as remains unpa id for t he t ime be ing shal l be a n d remain a cha rge upon t h e l and conta in ing such improvements

four of t h e " Crown L a n d s A c t of 1889 , " b u t shall be ca lcula ted on t h e basis of t he va lue of such improvemen t s to t h e l and purchased or leased, and t h e p a y m e n t of t he va lue shal l be m a d e by such ins ta lments , and a t such dates, as m a y be prescribed.

The improvements , in respect of w h i c h t e n a n t

r i g h t is conferred

by th is Act , shal l in all cases be—

(a)

of a p e r m a n e n t ,

fixed,

and

subs tan t ia l character , and necessary

for

t he profitable occupat ion of t h e l a n d ;

and

(b)

t he

p roper ty of t h e

person c la iming to have t enan t r i g h t in

respect

the reof ;

Provided always

t h a t —

(a)

The t e n a n t - r i g h t

shall lapse after

t h e expira t ion

of

twelve

years f rom t h e da te of i ts first accruing, and thereaf ter

t h e

improvement s shall be t h e proper ty of t h e C r o w n ; b u t such laps ing shal l no t affect any agreement , appra isement , or order

for p a y m e n t

previously m a d e ;

and

(b)	The holder of the purchase or lease of the land containing t h e improvemen t s shal l be liable to pay a n y ins t a lmen t s of t h e va lue thereof, as appraised by the Local L a n d Board,
which shall accrue due du r ing his h o l d i n g ; and
(c)	The value of any successful and useful well or bore for ar tes ian water shal l no t be t aken to exceed the first cost

thereof, a n d no al lowance shall be made for any unsuccessful

or useless well or bore.

Forfeited

lands containing

improvements

subject to tenant

right

or

ownership.

52. W h e r e a purchaser or lessee of land shall have paid to t he person hav ing t enan t r i gh t p a r t of t he va lue of the improvements , and t h e purchase or lease is forfeited, such share of t he va lue of t he improvemen t s as is represented by t h e a m o u n t so paid a t t h e t ime of t he forfeiture shal l vest in t he Crown, and t h e r ema in ing share of t h e improvement s , or in t he case of no such p a y m e n t hav ing been made ,

person hav ing t e n a n t r igh t , a n d shall be subject to t e n a n t r igh t as defined by this A c t : Provided t h a t if the land be purchased or leased after t h e forfeiture fresh appra i sement shall t he reupon be made of such share of t he value of t he improvements as a rc vested in

t h e person hav ing t e n a n t r igh t . These provisions shall (subject to this
provisions of section forty-four of t h e " Crown L a n d s A c t of 1 8 8 9 ; ; )
ex tend to cases where the person is t he owner of the improvements

&	Appraisement

Appraisement

or reappralsement

of rent or license fee of

holding.

53 . I n

any appra i sement or reappra isement

unde r th i s or

t h e

Pr inc ipa l Ac t , t h e ren t or l icense fee of t he ho ld ing in respect of

which

such appra i sement or reappra i sement

is m a d e shall be

assessed,

i rrespective of

t he u n e x h a u s t e d

va lue

of

improvemen t s

t h e n

exis t ing

on such holding, and effected or owned by t h e lessee.

The

u n e x h a u s t e d

va lue

means

t h e

fair

cost

of

m a k i n g

t h e

improvement less depreciat ion in value from use or otherwise .

Reclamations.

54.

I n

a n y case where

after

t h e c o m m e n c e m e n t

of

th is

A c t

t h e Governor, u n d e r

section sixty-four

of t h e

" Crown Lands A c t of

1884 , " author ises the rec lamat ion

of a n y land, t h e Local L a n d

Board

shal l	a p p r a i s e : —
(a)	The amount by which the value of the whole holding will be enhanced , by reason of t h e l and to be reclaimed hav ing been reclaimed and be ing held a n d enjoyed wi th t h e l and held in fee simple, and
(b)	The a m o u n t of t h e es t imated cost of t he rec lamat ion ;

A n d

t h e

excess (if

any) of

such

f irst-mentioned

a m o u n t

over such las t -ment ioned

a m o u n t

shal l w i th in

th ree

m o n t h s

after

t h e

not ice in t h e	Gazette	cal l ing	for t h e	same be paid by t h e appl icant
t o t h e Colonial	Treasurer , a n d in default of	such	p a y m e n t	t he

au tho r i t y to rec la im m a y be declared to have lapsed, and t h e	same
shal l t he r eupon become void a n d of no effect.

The appl icant shall , wi th in such period as m a y be al lowed for t h e purpose, comple te t h e rec lamat ion to t h e

satisfaction of

t h e

Min i s te r	or Loca l L a n d Board, as the case m a y be, and upon t h e due
complet ion thereof a g r a n t of	t he l and so recla imed shall be issued.
I f t he rec lamat ion be not completed to t h e satisfaction of t he Min i s te r or Local L a n d	Board, as t he case m a y be, or be no t so com­
ple ted wi th in t h e aforesaid period, t h e Min is te r may , by notification	in

t h e Gazette, declare t h e r i g h t to purchase t h e land, toge ther w i th al l moneys paid the reon to be forfeited, and t h e same shall become forfeit accord ing ly ; and u p o n such forfeiture t h e said au thor i ty to recla im shall become void and of no effect, a n d a n y l and which m a y have previously been reclaimed u n d e r such au tho r i t y shall rever t to t h e

Crown, freed

and discharged from any r i g h t or c la im of t h e appl ican t

or any o ther person in or to t h e same.

The Governor in g iv ing au thor i ty to recla im in pu r suance of section sixty-four of t h e " C r o w n L a n d s A c t of 1 8 8 4 , " m a y give t h e same subject to such t e rms a n d condit ions as m a y appear desirable in

t h e pub l i c interest ,

and in par t i cu la r

to t he

condi t ions—

(a)	t h a t t h e reclaimed lands or a n y por t ion thereof m a y be resumed for publ ic purposes by notification in t h e Gazette, and t h a t u p o n resumpt ion t h e lands shall vest in t he Crown, freed and discharged from all private; r igh ts , in teres ts , t i t les , a n d
estates in and to t h e s a m e ; and
(&) t h a t	no o ther compensa t ion shall be payable t h a n the value of a n y improvement s upon t h e lands resumed, effected wi th t he wr i t t en approval of t h e Minis te r first had a n d obtained',
t oge the r wi th a r e p a y m e n t of the purchase money, and of
t he cost of rec lamat ion , or if t he l and resumed be a por t ion only of t h e land reclaimed, of a fair propor t ion of such purchase m o n e y and cost as aforesaid;

a n d t h e g ran t of a n y land to be reclaimed under a n y such au thor i ty as aforesaid shall embody t h e t e rms and condit ions subject to wh ich t h e au tho r i t y was given, or such of t h e m as requi re to be so embodied.

Trespass

Trespass

and

Impounding.

55.    Section one hundred, and th i r ty of t he " C r o w n L a n d s A c t of

1884 " is he reby repealed.
N o person occupying land unde r a condit ional purchase , h o m e ­ stead selection, condi t ional lease, homestead lease, se t t l ement lease, or a n n u a l lease, or in v i r tue of an applicat ion for a condi t ional purchase , or for a condit ional lease, or a homes tead lease sha l l—

(«)	b r ing a n act ion for t respass commi t t ed b y stock u p o n t h e said land, whe the r before or after t h e c o m m e n c e m e n t of th i s A c t ; or
(b)	i m p o u n d any stock t respass ing upon t h e said l and—

unless t h e said land or t he por t ion thereof t respassed upon was, a t t he da te of t h e trespass, enclosed w i t h a fence reasonably sufficient to

Provided a lways t h a t no th ing in th is section contained shall—•

(a) apply to any trespass wilfully caused, or

(6) affect any act ion which is pend ing a t t h e commencemen t of

th is Ac t ,	or
(c)	refer to any conditional purchase or homestead selection, for which a g ran t has been issued a t t he date of such trespass.

After-Auction

Sales,

8fc.

56.

The Governor m a y g r a n t any town or s u b u r b a n Crown

lands

or Crown lands wi th in popula t ion areas w h i c h have been offered for sale a t auc t ion and no t sold (whe ther such offering for sale was before or after t h e commencemen t of th is Act ) a t t h e upse t pr ice thereof to any person who shall duly app ly for t he same.

The appl icant shall wi th his appl ica t ion lodge a deposit of twenty-f ive per c e n t u m of t h e said upse t price, and if t h e applicat ion be approved by t h e Minis ter shall pay the ba lance of t h e said price, subject to such t e rms and condit ions as were notified in the Gazette

A sale by auct ion of Crown lands m a y be held a t a n y place
which m a y appear to t he Minis te r to be most convenient for t h e

purpose, w h e t h e r such place be wi th in or outside t he L a n d Dis t r ic t in

Alteration

of designs of Cities, Towns, 8fc.

57. W h e n it is in tended to al ter or cancel, u n d e r section

one

h u n d r e d and seven of the " Crown Lands A c t of 1884 , " t h e design or plan or l imits of a n y city, town, or village, or subu rban lands in wh ich a l lo tments or port ions have been sold, not ice of t he in ten t ion and of

After

first

not ice in t he Gazette

as aforesaid t he Loca l L a n d

Board shall thereaf ter assess t h e loss (if any) of va lue which m a y be suffered b y the holder of any a l lo tment or por t ion if t h e proposed

I f t he in ten t ion to al ter or cancel t he design or p lan is

holder and all persons c la iming untler or t h r o u g h h i m shall be bar red of any act ion or suit in respect of t he a l tera t ion or cancel la t ion of t he

design

design or p lan or l imits or t h e ca r ry ing out thereof o ther t h a n a n act ion for t h e s u m so assessed as aforesaid : Provided however t h a t compensat ion for loss of va lue shal l he assessed only in cases w h e r e t h e a l tera t ion or cancel la t ion of design or p lan if carried in to effect wi l l

depr ive t he said holder of access from	his a l lo tment or por t ion to t h e
neares t s t reet or road.

Depasturing

Stock on Crown

Lands.

58. The provisions of t he

one hund red and th i r ty - th i rd

sect ion

of t he " Crown L a n d s Ac t of 1 8 8 1 " shal l ex tend to cases of occupa t ion

by t h e depas tu r ing of stock.

References

to Land

Appeal

Court.

59. The Minis te r m a y refer to t he

L a n d Appea l

Cour t

a n y

decision or recommenda t ion of a Local L a n d Board, whereby the r igh t s , in teres ts , or revenues of t he Crown m a y have been, or m a y hereaf ter be in jur iously affected, a n d m a y l ikewise refer any case w h e r e i t m a y appear t h a t a Local L a n d Board has , or shall have failed, or

neglected, to duly d ischarge i ts d u t y according to law, or t h a t a	Local
L a n d Board has or shall have exceeded such du ty .

A n y such reference shal l be duly made , if, and when , a not ice in wr i t ing t h a t

t he

Minis te r

has

referred t he case to t h e

L a n d

Appea l Cour t is g iven to t h e R e g i s t r a r of t h e said Court , and n o provision of t he Pr inc ipa l A c t in respect of the lodging of appeals shal l app ly to t he g iv ing of such not ice ; b u t t h e L a n d Appea l Cour t shal l deal w i th t h e m a t t e r of such reference in t he same way, and t h e r igh ts and liabilit ies of t he Crown in respect of such reference shall be t h e same, as if such reference were an appeal by the Crown.

N o t h i n g in th i s section conta ined shall

affect

a n y remedy b y

wri t of prohibi t ion, or m a n d a m u s , or in t he n a t u r e of a m a n d a m u s , which the l aw now allows to t h e Crown or a n y person against a

Loca l L a n d

Board.

Meaning of certain icords in Act of 1881 .

60. The words " be declared a l u n a t i c " in th is A c t a n d

in

section

one h u n d r e d

and twenty-f ive

of t h e

" Crown

L a n d s A c t of

1 8 8 1 "

shall be t a k e n to include a person w ho h a s

become a n " insane

p a t i e n t " wi th in

t h e mean ing

of

t he " L u n a c y A c t of

1878 " a n d

t h e

Ac t s

a m e n d i n g

the

same.

Regulations.

6 1 . The Governor m a y exercise for t he purposes of th i s A c t

t h e powers of m a k i n g

regula t ions

conferred

upon h i m by section one

h u n d r e d a n d forty-five of t h e " Crown Lands A c t of 1 8 8 1 " and	section
fif ty-three	of t h e " Crown L a n d s A c t of 1889 ."

N o .

X I X .