no. 6284. land act 1958. · 4.—agricultural and grazing lands ss. 38-84. subdivision...

1958. Land. No. 6284 517

No. 6284.

LAND ACT 1958.

An Act to consolidate the Law relating to the Sale and Occupation of Crown Lands.

[3Qth September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Land Act 1958, and shall snorume come into operation on a day to be fixed by proclamation of the ment and Governor in Council published in the Government Gazette, and is divided into Parts Divisions and Subdivisions as follows:—

division.

(Division Division

12-26 Division Division

1.—Classification ss. 5-11. 2.—Grants and Reservations ss.

Part I.—Crown Lands Generally •{ ss. 3-219.

3.—Administration ss. 27-37. 4.—Agricultural and Grazing Lands

ss. 38-84. Subdivision 1.—Alienation ss. 38-42. Subdivision 2.—Selection Purchase

Allotments ss. 43-52. Subdivision 3.—Perpetual Leases ss.

53-60. Subdivision 4.—Encumbrances and Liens

ss. 61-69. Subdivision 5.—General ss. 70-84.

Division 5.—Auriferous Lands ss. 85-88. Division 6.—Lands which may be sold by

Auction ss. 89-100.

1958. Land. No. 6284

Part I.—Crown Lands Generally

Division 7.—Swamp or Reclaimed Lands ss. 101-120.

Division 8.—Grazing Leases and Licences ss. 121-133.

Subdivision 1.—Grazing Leases ss. 121-129.

Subdivision 2.—Grazing Licences ss. 130-133.

Division 9.—Leases and Licences &c. for other than Grazing or Agricultural Purposes ss. 134-151.

Subdivision 1.—Leases ss. 134-137. Subdivision 2.—Licences &c. ss.

138-151. Division 10.—Improvement Purchase

Leases ss. 152-162. Division 11.—Residence Areas ss. 163-

178. Division 12.—Commons ss. 179-185. Division 13.—Trespasses, Penalties, Legal

Proceedings, &c. ss. 186-203. Division 14.—Miscellaneous ss. 204—229.

Division 1.—Classification and Leases ss. 231-241.

Subdivision 1.—Classification and Limits of Selection ss. 231-235.

Subdivision 2.—Selection Purchase Leases ss. 236-238.

Subdivision 3.—Perpetual Leases ss. 239-241.

Division 2.—General ss. 242-249. Division 3.—North-West Mallee Settlement

Areas ss. 250-264. Division 4.—Miscellaneous ss. 265-273.

Part III.—Murray f Division 1.—Conditional Purchase Leases River Settlements- of Holdings ss. 275-290. ss. 274-297. I Division 2.—General ss. 291-297.

Part IV.—Special Settlement Areas ss. 298-301. Part V.—Development Leases ss. 302-307. P a ? Y*\~n • • f Division 1.—Village Communities ss. 309-Special Provisions 3 1 1

&

for Village Com-1 D i v i s i o n 2.—Miscellaneous ss. 312-317. munities ana D i v i s i o n 3.—Labour Colonies ss. 318-325. La™Uor , S " Division 4.—General ss. 326-330. ss. 308-330. I

Part VII.—Resumption of Land for Public Purposes ss. 331-333.

Part II.— Special Provisions for Mallee Lands ss. 230-273.

1958. Land. No. 6284 519

Part VIII.—Leases and Licences for Electric Lines ss. 334-338. Part IX.—General ss. 339-362. Part X.—Vacant and Unclaimed Lands ss. 363—374. Part XI.—Leasing and Sale of Crown Lands in the Township of

Wonthaggi ss. 375-384. Part XII.—Mineral Springs on Crown Lands ss. 385-398.

2. (1) The Acts mentioned in the First Schedule to the extent Repeal of

thereby expressed to be repealed are hereby repealed accordingly, N™™^0^ (2) Except as in this Act expressly or by necessary General

implication provided— prowfion. (a) all persons things and circumstances appointed or

created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order application determination decision recommendation petition direction registration lease licence encumbrance lien permit certificate exemption approval disapproval objection appointment delegation classification condition notice rent fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; and such repeal shall not affect or disturb any validation effected or any transfer of powers duties and sse.e2(2), authorities or the construction of any document !(!$r(4>' consequent thereon or the adjustment of any rent Sfi^.59

by or under any of such Acts before the commencement of this Act.

(3) Nothing herein contained except where otherwise expressly provided shall affect the Mines Act 1958.

(4) Until and subject to the exercise of the powers hereinafter commons, contained all commons heretofore proclaimed shall continue to be managed and the managers appointed shall continue in office and may be removed and their successors appointed, and the fees shall and may be collected, with the same rights and powers to

520 1958. Land. No. 6284

Power of revocation and forfeitures under repealed Acts preserved.

Existing rights and interests preserved.

Sales and selections.

the managers and persons entitled to commons respectively, and subject to the same rights liabilities and restrictions as if the said Acts were still in force.

(5) The Governor in Council shall in regard to all leases licences and selections under any of the Acts hereby repealed have and exercise the same power of revocation and forfeiture, and every such power may be exercised and shall be enforced and proved in like manner and every such revocation and forfeiture shall have the same effect in every respect so far as may be as if the said Acts were still in force.

(6) Nothing herein contained shall except where otherwise expressly provided be deemed to affect any estate right or interest created or existing under or by virtue of the said Acts or any of them; and the Board may, to every person holding or at the commencement of this Act entitled to a licence to reside on or cultivate any lands on any gold-field or lands adjacent or heretofore dealt with as being adjacent thereto renew and for such purposes issue yearly licences whether the total amount thereof be in excess of twenty acres or not or where two or more licences have been issued to the same person for adjoining lands one licence in lieu thereof for the land comprised in all or any number of them until such person is entitled to exercise and has exercised his right to obtain a lease of or purchase the land held by him, unless in the meantime such licence is declared forfeited or cancelled by the Governor in Council; and the rights conferred upon licensees of residence sites whether such rights have already accrued or would hereafter have accrued but for the repeal of any Act shall be preserved and remain as though the said Acts were still in force; and all the provisions of the Acts hereby repealed shall during the continuance of this Act remain and be in full force so far as they respectively relate or can be applied consistently with this Act to any lands or allotments or subdivisions of allotments purchased selected or possessed under the said Acts or any of them before the commencement of this Act, and to any lands which may be held under licence or be hereafter purchased or possessed by any purchasers or licensees or lessees under the said Acts or any of them, and to the issue of licences to the holders of land under the provisions of the said Acts and to the conversion forfeiture or cancellation of any such licence, and all rights of selection and purchase and of obtaining licences and leases given under and by the said Acts or any of them together with the obligations of selectors and licensees respectively are hereby confirmed and continued; and when before the commencement of the Land Act 1928 any Crown lands have been permanently reserved for any of the purposes mentioned in section fourteen of this Act or any corresponding previous enactment the Governor in Council may convey any such land in fee or for any lesser estate to trustees for any of the purposes aforesaid.

1958. Land. No. 6284 521

(7) Nothing herein contained shall affect any power of the Governor in Council the Minister or the Board under section two hundred and fifty-six of the Land Act 1915.

No. 3709 s. 3; No. 4095 s. 2. " Agricultural allotment."

" Country lands."

' Cultivate."

PART I.—CROWN LANDS GENERALLY. INTRODUCTORY.

3. In this Part unless inconsistent with the context Or Interpretation, subject-matter—

" Agricultural allotment" means an agricultural allotment under the Land Act 1901.

" Board " means the Board of Land and Works. " Board."

"Cattle" in Divisions eight and fourteen of this Part -cattle" includes bulls cows oxen heifers steers calves horses amui?0* mares geldings colts and fillies.

" Cattle " in Divisions twelve and thirteen of this Part " cattle •• in includes bulls cows oxen heifers steers calves horses amn3°ns12

mares geldings colts fillies asses mules sheep and goats.

" Country lands " means any lands not situate within any city town or borough.

" Cultivate " includes planting cereal or root crops planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses.

" Fence" means any fence of the kind mentioned and •• Fence.-described in section four of the Fences Act 1958 except those mentioned and described in paragraphs (d) to (/) and (h) to (/') (both inclusive) of the said section four.

" Grazing allotment" means a grazing allotment under the " Grazing Land Act 1901. allotment."

" Land Classification Board " means any Land Classification •• Lami Board constituted pursuant to this Act or any repealed Bo?rdfi"atlon

Act. " Metropolis " means the metropolis as defined in section

three of the Melbourne and Metropolitan Board of Works Act 1958.

" Occupy " in Division four of this Part means except where otherwise expressly provided residence by a selection purchase lessee in his own proper person on or within five miles of his allotment.

" Part " means Part of this Act. " Perpetual lessee" includes any transferee assignee and

representative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of law and shall be deemed to be included

' Metropolis.'

' Occupy.'

" Part."

" Perpetual lessee."

522 1958. Land. No. 6284

in the terms " owner " and " proprietor " in every Act where such terms refer to lands and in the term " occupier " in the Fences Act 1958.

iaUoM" " Regulations " means regulations under this Part. " selector " Selector under any previous Land Act or Acts " means p?edv"oSSi.and a n Y person who has selected Crown lands under Part A« or Acts. n . of The Land Act 1862 or who has become a lessee

of any Crown lands under Par t II . of The Amending Land Act 1865 or who is or has been a licensee under Part I I . of The Land Act 1869 or who has selected land under Par t I. of the Land Act 1915 or any amendment thereof or any corresponding previous enactment.

•• substantial " Substantial and permanent improvements " includes dams permanent wells cultivation fencing clearing or draining of a ments." selection purchase allotment and the erecting of a

habitable dwelling or farm or other buildings upon •and permanently attached to the soil.

" Traveller." " Traveller " means a person travelling with cattle as defined for the purposes of Division twelve or sheep for the bona fide purpose of taking the said cattle or sheep to and leaving them at a market or some other appointed place, but it does not mean any person travelling or who appears or who is deemed hereunder to be travelling with cattle or sheep for the purpose of depasturing the same upon or on either side of any road or track commonly used as a thoroughfare or leading to any auriferous Crown lands on which persons are actually engaged in mining for gold or upon any common, and the burden of proving such bona fide purpose aforesaid and of disproving such purpose of depasturing aforesaid shall in all criminal and civil proceedings whatsoever lie upon the person so travelling with cattle or sheep or upon the party who is interested in proving that such person was a " traveller " within the meaning of this Part .

" vermin." " Vermin " includes dingoes or native dogs, dogs run wild, dogs at large, foxes, rabbits, and any other animal or any bird which the Governor in Council may by proclamation in the Government Gazette declare to be vermin for the purposes of this Part.

onhlrp°n 4. Except where express provision is otherwise made in Part II. c°u"w?e o f t n i s A c t t n e provisions of Divisions 2, 3, 8, 9, 12, 13 and 14 NO. 3709 s. 4. of this Part shall as far as they are applicable or capable of being

applied extend to lands in the Mallee country. Save as aforesaid and save as expressly provided in this Part or in Part II. nothing in this Part shall apply to or affect lands in the Mallee country/"'

(a) See sections 232 and 235.

1958. Land. No . 6284 523

DIVISION 1.—CLASSIFICATION.

5 . Subject to the Forests Act 1958 the whole of the unalienated SSSSatLi lands belonging to the Crown shall be and are hereby divided crown lands, into the following classes ( n a m e l y ) : — No-3709s'5'

Class 1.—Good agricultural and grazing lands. Class 2.—Agricultural and grazing lands. Class 3.—Grazing lands. Class 4.—Inferior grazing lands. Class 4A.—Grazing lands of the poorest quality (in this

Act referred to as Class four A l and ) . Class 5.—Swamp or reclaimed lands. Class 6 .—Lands which may be sold by auction (not

including swamp or reclaimed lands) . Class 7.—Auriferous lands. Class 8.—Water reserves.

6. ( 1 ) The area of land comprised in each of the classes Maps, specified in the last preceding section shall be as described in the No- "09 s. 6. Second Schedule. second

Schedule.

(2) The Board may from time to time cause to be prepared maps of the several counties showing the area of land comprised in each of such classes respectively at a date to be specified thereon, and may seal one or more copies of each of such maps with the seal of the Board and may deposit any copy so sealed with the Clerk of the Parliaments.

(3) Any map so deposited shall be substituted for the map Second of the same county referred to in the Second Schedule or any map schedule, thereof previously deposited in accordance with the last preceding sub-section of any corresponding previous enactment and any reference to any map referred to in the Second Schedule shall include a reference to any map deposited in accordance with the last preceding sub-section.

7 . ( 1 ) Subject to this Act the Governor in Council may by Power to proclamation published in the Government Gazette at any time d°n3hor

increase or diminish the area of the land comprised in any class. J,™* o£ any

No. 3709 9. 7.

( 2 ) The area of land which may be sold by auction (Class 6 ) Areas that shall not be increased except as expressly provided in this ( a ) or ™t

aayUcUonld

some other Act.

8 . ( 1 ) If it is proved to the satisfaction of the Minister that Classification

any portion of the land in the first second third or fourth class Swsed. appears to be too highly classed the Minister shall refer the question NO. 3709 s. 8. of the proper classification to a Land Classification Board. ( 6 ) Such Board shall thereupon inquire into and report upon such question.

(a) See sections 94 and 117. (6) See section 232 (3).

524 1958. Land. No. 6284

No classification after selection.

Classification must precede selection.

(2) If in such report such Board certifies that such land is by reason of being inferior in quality too highly classed and states the class or classes of land whether the second third or fourth class or class four A (as the case may be) which it most resembles and in which it ought in the opinion of the Board to be included the Governor in Council may transfer such land to the class or classes wherein in his opinion it ought to be classed, and may increase or diminish the lands in the classes affected accordingly.

(3) If it is proved to the satisfaction of the Minister that any portion of land in the second third or fourth class or class four A is not classed in a sufficiently high class the Governor in Council if he thinks fit may at any time transfer such land to such higher class or classes of land as it most resembles, and may increase or diminish the lands in the classes affected accordingly.

(4) Except as hereinafter provided no alteration in the classification of any land shall be made after any application to select such land has been granted.

(5) After any land has been notified in the Government Gazette as available for selection, no alteration in the classification of such land shall be made unless and until such notification has been cancelled by a notice in the Government Gazette, and where after such cancellation the classification of any land is altered the land shall be again notified in the Government Gazette as available for selection.

Selection before or after classification. No. 3709 s. 9.

Provisional classification.

Fixing of value by Board.

9. (1) Subject to this Act any unalienated land of the Crown may before or after being classified in any class be made available for being selected or taken up under a selection purchase lease or perpetual lease as the case may be.

(2) Before any land is so made available a plan of any projected subdivision of such land shall be prepared and a provisional valuation and classification of each allotment shall be indicated thereon specifying the rates of rent or purchase money payable therefor.

(3) On the completion of a permanent survey of an allotment the value thereof may, either before or after any application to select or take up the same has been granted, be determined by a Land Classification Board, and the rent or purchase money for such allotment shall be fixed so as to accord with the value so determined.

Land Classification Boards. No. 3709 s. 10.

10. (1) For the purposes of this Part there shall be constituted one or more Boards. Each such Board shall consist of three members and shall be called a Land Classification Board and the Minister may from time to time by writing under his hand appoint the portion or portions of Victoria for and in respect of which any such Board shall exercise the powers by this Act conferred on Land Classification Boards.

1958. Land. No. 6284 525

(2) Each such Board shall be appointed by the Governor in Members. Council and shall consist of officers of the Department of Crown Lands and Survey or other competent persons.

(3) The Governor in Council may at any time remove any Removai&c. member of any such Board and appoint some other person thereto, and may in the case of the absence or continued illness or inability to perform his duties of any member appoint some person to act as substitute for such member during such absence illness or inability.

(4) Any two members of any such Board shall be a quorum Quorum, and shall have all the powers and authorities by this Act conferred upon a Land Classification Board.

(5) The provisions of sections fourteen fifteen and sixteen of the Evidence Act 1958 shall apply as if the Land Classification Board had been expressly mentioned therein instead of a Board appointed by the Governor in Council.

(6) Any person who wilfully and corruptly makes upon oath any false statement to any such Board shall be liable to the penalties of perjury.

(7) The Governor in Council may make regulations for the conduct of the business of such Boards.

Evidence.

Penalty.

Conduct of business.

11. (1) If at any time it appears to the Governor in Council that the value of any unalienated land of the Crown whatsoever is greater than the value fixed therefor (whether by way of rent or purchase money) by or in accordance with any provision of this Act or any corresponding previous enactment the Governor in Council may by order published in the Government Gazette increase the rates of any rent or purchase money payable in respect of any such land which may thereafter be leased or sold by the Crown.

(2) When any such increase is so made the rent or purchase money as so increased shall be substituted for the rates respectively so fixed therefor and for the purpose of this section such provision shall be read and construed as if such increased rates were therein substituted for the rates respectively fixed as aforesaid.

Power to increase price &c. of unalienated Crown land. No. 3709 s. 11.

Payment 01 increased rates.

DIVISION 2. GRANTS AND RESERVATIONS.

12. (1) Under and subject to the provisions of this Part but not otherwise, the Governor in Council in the name and on behalf of Her Majesty may grant convey or otherwise dispose of lands for the time being belonging to the Crown for such estate or interest as in each case is hereby authorized and for none other.

(2) (a) Subject to the provisions of sections eighteen nineteen and twenty-two of this Act but notwithstanding any other provision of this Act the Governor in Council may, for the purpose of assisting the establishment of industries in rural and urban districts

Governor in Council may convey land under this Part. No. 3709 s. 12; No. 5029 s. 2, No. 5426 s. 2.

Grants of Crown lands to assist establishment of industries outside the metropolis.

526 1958. Land. No. 6284

Grant of Crown lands for housing in relation to industries outside metropolis.

outside the metropolis, grant to any person with or without consideration Crown land in any such district as a site for an industrial undertaking.

(b) Where any such land is granted without consideration any Crown grant pursuant to this sub-section shall, and where any such land is granted with consideration any such Crown grant may, contain in addition to the conditions presecribed under this Act a condition that the land comprised in the Crown grant shall not be used for any purposes other than those of the industrial undertaking specified in the grant or of such other industrial undertaking as is approved by Order of the Governor in Council.

(3) Subject to the provisions of sections eighteen nineteen and twenty-two of this Act but notwithstanding anything to the contrary in any other provision of this Act, the Governor in Council may, where any industry is in course of being established or is about to be established in any rural or urban district outside the metropolis, grant to any person or body of persons such Crown land as in the opinion of the Board of Land and Works is or will be reasonably required for the housing of persons engaged or to be engaged in that industry upon payment to the Board by that person or body of persons of the value of the land so granted as fixed by an appraiser appointed in that behalf by the said Board.

Land acquired by Crown or Board may be conveyed. No. 3709 s. 13.

13. Subject to the provisions of any Act any land acquired by purchase or otherwise by the Crown and conveyed to Her Majesty or to the Board, except land acquired for railway purposes, may be sold granted conveyed or otherwise disposed of by the Governor in Council in the name and on behalf of Her Majesty in the same manner and form but not otherwise as if such land had never been alienated from the Crown.

Land reserved from sale leasing or licensing. No. 3709 s. 14; No. 4319 s. 21.

14. The Governor in Council— (a) may by notice published in the Government Gazette

either by a general or particular description reserve either temporarily or permanently from sale or from being leased or from having a licence granted in respect thereof any Crown lands which in his opinion are required for any public purpose whatsoever, or for quays docks landing places tramways railways and railway stations roads canals or other internal communications or for sites for aerodromes or emergency landing grounds in connexion with air navigation under the control of the Government of Victoria or of the Commonwealth of Australia or for reservoirs aqueducts or water-courses, or as a watershed or gathering ground for water supply purposes or as

1958. Land. No. 6284 527

camping grounds or for watering purposes or for the use or benefits of the aboriginal inhabitants or the sites of markets abattoirs public baths or wash-houses State schools reformatories mechanics' institutes libraries museums picture galleries schools of mines or other institutions for public instruction experimental farms agricultural colleges for the supply of timber for sawing or splitting purposes for the growth and preservation of timber gardens parks or hospitals asylums or infirmaries or places for the interment of the dead or for race-courses or for the recreation convenience or amusement of the people;(a) and

(b) may by the same or any subsequent notice except Exemptions from occupation for mining purposes under any occupation miner's right any specific portion of Crown lands >°rminine. or any area of Crown lands, and no lands so excepted or included in any area so excepted shall be occupied or continue to be occupied under any miner's right after such exception until such exception is revoked.(6)

15. (1) Where— (a) the bed or channel of any river creek stream or

water-course or any Crown land on either side of the same has been heretofore or is hereafter permanently reserved from sale by Order in Council;

(b) after the date of such Order the course of such river creek stream or water-course has become or becomes altered (whether by natural or artificial causes); and

(c) the bed or channel thereof as so altered and any Crown lands on either side thereof are permanently reserved from sale by Order in Council—

the Governor in Council may by such last-mentioned or any subsequent Order revoke or amend the first-mentioned Order in whole or in part so far as the same is no longer applicable to the altered circumstances.

(2) (a) Where any land has been heretofore or is hereafter permanently reserved for the purposes (however described) of the Education Act 1958 or any corresponding previous enactment and the Minister of Education certifies in writing that such land

Power to revoke or amend permanent reservation where course of river &c. is altered. No. 3709 s. 15.

Power to revoke permanent reservation ol certain lands. No. 4873 s. 2, No. 5753 s. 2.

(a) See Part XII. as to Mineral Springs, and sections 150 and 227. (b) See Drainage Areas Act 1958, section 28; Forests Act 1958, section 8;

Mines Act 1958, sections 4 and 7.

528 1958. Land. No. 6284

Revocation of Crown grants of such lands.

Authority and direction to Registrar-General and Registrar of Titles to make necessary cancellations and entries &c.

Effect of previous reservations. No. 3709 s. 16.

Registration of Crown purchases to have same effect as enrolment. No. 3709 s. 17.

is no longer required for such purposes the Governor in Council by Order published in the Government Gazette may revoke such reservation.

(b) Where any land the permanent reservation of which is revoked under this sub-section is vested in the Minister of Public Instruction or the Minister of Education—

(i) on the day on which the revocation of such permanent reservation is published in the Government Gazette the Crown grant relating to such land shall be revoked made void and annulled; and

(ii) such land shall become unalienated land of the Crown freed and discharged from all trusts encumbrances reservations restrictions and limitations whatsoever.

(c) The Registrar-General and the Registrar of Titles are hereby authorized and directed to make such cancellations of or entries upon any Crown grant or duplicate Crown grant or othei document or upon the record of enrolment of any Crown grant as are necessary or expedient in consequence of the revocation of any Crown grant pursuant to this sub-section and the holder of any such duplicate Crown grant or other document shall produce the same to the Registrar of Titles for such purpose.

16. Land permanently reserved or purporting to have been permanently reserved by the Governor in Council whether within the powers of the Governor in Council under any previous Act relating to Crown lands or in excess of the said powers shall be deemed to have been permanently reserved for the purposes for which they purport to have been reserved although such purposes were not authorized by the said Act and shall if such reservation is still in force be deemed to be permanently reserved for the said purposes under this Act.

17. Every registration heretofore made, under the Real Property Statute 1864 or under any previously existing Act concerning the registration of deeds and conveyances affecting land, of a memorial of any grant conveyance or surrender to Her Majesty of any freehold or leasehold land or any estate or interest therein, and every registration heretofore made under Act No. 140 or under the Transfer of Land Statute of any surrender or transfer to Her Majesty of any estate or interest in any freehold or leasehold land under the operation or subject to the provisions of the last-mentioned Acts or either of them, and every registration which has been or is made under the Property Law Act 1958 or any corresponding previous enactment of any such memorials as aforesaid or under the Transfer of Land Act 1958 or any corresponding previous enactment of any such surrender or transfer as aforesaid, shall respectively be deemed to have been and shall be an enrolment of record of such grant conveyance surrender or transfer respectively.

1958. Land. No. 6284 529

18. After any land has been permanently reserved from sale Permanently every conveyance or alienation thereof except for the purpose for r^to'bVSS? which such reservation has been made shall unless such permanent I f ^ n ^ reservation has been revoked as provided in section fifteen be NO. 3709 s. is; absolutely void as well against Her Majesty as all other persons ^2'w)7.3

whomsoever.

19. After any land has been temporarily reserved from sale Lands or from being leased or from having a licence granted in respect reSrved'not thereof, the same shall not be sold or leased nor shall a licence !mb

resServat£'n be granted in respect thereof until such temporary reservation has ™*0^ been revoked by the Governor in Council. No. 3709 s. 19.

Second Schedule.

20. (1) No lands forming part of the lands referred to i n Alienation of

the Second Schedule to this Act as water reserves shall be alienated forbidden,

in fee simple, unless in the case of any such water reserve or No. 3709 s. 20. part thereof the State Rivers and Water Supply Commission certifies to the Minister that such reserve or such part thereof is no longer required for water supply purposes; and subject to this section every conveyance and alienation of such lands shall be absolutely void as well against Her Majesty as all other persons whomsoever.

(2) Nothing in this section shall be construed so as to affect the operation of the last two preceding sections.

21. Before any land is permanently reserved under section fourteen notice of the intention so to reserve the same shall be published in four consecutive ordinary numbers of the Government Gazette before the same is so reserved, and in every such notice the land proposed to be reserved and the purpose for which it is to be reserved shall be fully described and stated.

22. When any land has been temporarily reserved under section fourteen or excepted from occupation under the Mines Act 1958 notice of such reservation or exception shall be published in the Government Gazette, and before any temporary reservation is revoked notice of the intention to make such revocation shall be published in four consecutive ordinary numbers of the Government Gazette.

Notice of permanent reservation of land to be published in the Government Gazette before such reservation. No. 3709 s. 21.

Notice of temporary reservation and revocation thereof to be published if Government' Gazette. No. 3709 s. 22.

23. When Her Majesty has become or hereafter becomes ^forfeited entitled to any land by reason of intestacy or of any forfeiture or iaannds°rnaybe of the same having been purchased or held by or for the use of NO.7TO9S.23. or in trust for any alien or aliens contrary to the provisions of any law for the time being in force, the Governor in Council may if he thinks fit grant such lands or any part thereof in fee simple or for any less estate to any person for the purpose of restoring the same to any of the family of the person whose estate the same had been or of carrying into effect any intended grant

http://no.7to9s.23

530 1958. Land. No. 6284

conveyance or devise of such last-mentioned person in relation thereto or of rewarding any person making discovery of such intestacy and its consequences or of Her Majesty's right and title to such land or in default such land may be dealt with in the same manner as land not alienated by the Crown.

Grant by Governor on behalf of Her Majesty to be valid. No. 3709 s. 24.

Governor in Council may divide territory into counties parishes and townships. No. 3709 s. 25; No. 4181 s. 2 ( 1 ) .

Alteration of such division or of names.

Proclamations of townships maybe rescinded.

24. Every grant and every instrument executed before the first day of October One thousand nine hundred and fifteen by the Governor in Council on behalf of Her Majesty and purporting to be a grant shall subject to the conditions thereof and to the express provisions of this Act and to registration or enrolment where necessary be valid and effectual as well against Her Majesty as against all other persons any law to the contrary notwithstanding.

25. (1) The Governor in Council may subdivide any county into parishes and townships and by proclamation published in the Government Gazette may define the boundaries of such parishes and townships and distinguish each by a name.

(2) After such proclamation the territory comprised within me boundaries of any of the said subdivisions shall thenceforward be recognized as a parish or township by the name so given as aforesaid.

(3) The Governor in Council may— (a) alter by proclamation as aforesaid the name of any

county parish township land area gold-field river harbor lake bay lagoon swamp mountain glen or other place or locality whatsoever within the State of Victoria or substitute by proclamation as aforesaid the designation " township" for the designation " town " or " village " in respect of any territory proclaimed as a town or village pursuant to any repealed Act relating to the sale and occupation of Crown lands;

(b) diminish or extend by proclamation as aforesaid the area of any county or parish or alter the boundaries or name thereof and add the territory taken away from one county to any adjacent county or the territory taken away from one parish to any adjacent parish and divide any county into two or more counties or any parish into two or more parishes and give to each a distinguishing name;

(c) proclaim from time to time by a notice published in the Government Gazettee any portion or portions of Crown lands as a street or road or as a township;

(d) annul and rescind from time to time by a notice published in the Government Gazette any proclamation made under this or any repealed Act

1958. Land. No . 6284 531

of any portion or portions of Crown lands as townships or villages or diminish or extend from time to time by a notice published in the Government Gazette the area of any town or township the subject of any such previous proclamation.

( 4 ) The lands upon which such street or road has been Dedication, proclaimed shall be and be deemed to be thenceforth dedicated to the public.

26 . Notwithstanding any law or usage to the contrary, every crown grants Crown grant and lease hereafter issued shall bear the date on be dated,

which the person named therein as grantee or lessee respectively first N°-3709 "•26-became entitled to such grant or lease, and the registration thereof under the Transfer of Land Act 1958 shall be deemed to be an enrolment of record thereof, and such enrolment shall relate back to the date of the grant or lease.

DIVISION 3 . ADMINISTRATION.

27 . There shall be one or more land officers and one or more Appointment land offices for the purpose of receiving applications in respect andTandfflce

of Crown lands and payments on account thereof; and no such officer-officer shall directly or indirectly become the licensee or lessee No-3709s-27-of any Crown land within the district to which he is appointed.

28 . Any person may on any day during office hours deliver Application or cause to be delivered any such application to a land officer i°c

rence.ase or

acting in the district. N0 . 3709 S. 28.

29. Every application shall be received and entered in its Applications order in a book to be kept for that purpose. to be entered.

No. 3709 s. 29.

3 0 . The Governor in Council may subject to the provisions of Bailiffs of the Public Service Act 1958 appoint a sufficient number of persons Crownlands

to be bailiffs of Crown lands. No. 3709 s. 30.

3 1 . ( 1 ) Every bailiff of Crown lands shall during his Duties of

continuance in office do on behalf of Her Majesty or on behalf of the Board in respect of any Crown lands all acts for preventing intrusion encroachment and trespass thereon, or for levying or recovering the rent or the licence-fee payable in respect thereof, or for taking and recovering possession of any allotment or lands in case of forfeiture, or for such other purpose as the Governor in Council by regulations directs.

( 2 ) Such bailiff shall have the like power and authority to do all such acts as any bailiff lawfully appointed may by law do in respect of any lands tenements or hereditaments of his employer; and every such bailiff may prefer an information against any

bailiffs. No. 3709 s. 31.

532 1958. Land. No._6284

person who is in unauthorized occupation whether under colour of any licence or lease or otherwise of any Crown lands, or whose right to occupy such lands has ceased, and may sue for and recover any penalty from any person liable to forfeit the same.

32. The Governor in Council or the Board respectively may in all cases where power is given by this Act to appoint or authorize any person for a particular purpose or to do a particular act, appoint or authorize such person generally for any such purpose or to do all acts of the same or the like nature; and such person may do all things within the scope of such general authority in all cases to which his appointment or authority purports or can be construed to extend.

33. Whenever any person has been or may be appointed in pursuance of this Act as the person to perform any act or with regard to whom any act is to be performed, it shall nevertheless be lawful to appoint some other person to be the person to perform such act or with regard to whom such act is to be performed.

"°Tications ^' (*) ^ o r t n e P u r P 0 S e °f enabling applicants for leases lcptob"ons and licences under this Part to have an opportunity of showing Noar3709s. 34. t n e ^ona fides of their applications, and for the purpose of enabling

all objections to the issue of such leases and licences and to proposed proclamations alterations additions diminutions revocations and unions of commons to be publicly heard, and for the purpose of allowing all persons (whose leases or licences under any Division of this Part or any repealed Act are alleged to be liable to forfeiture for any cause except non-payment of the rent instalments of purchase money or fees) to show cause to the Minister against such forfeiture, it is hereby directed that notice shall from time to time be given in the Government Gazette of a time not less than ten days from the date of such notice when and of a place where applications for leases and licences and objections to such applications and to any proposed proclamation alteration addition diminution revocation or union of commons, and reasons against forfeitures of any such leases and licences for any cause except non-payment of rent instalments of purchase money or fees, will be publicly heard by the Minister or by persons appointed by the Minister to hear the same and report thereon in writing to him.(a)

(2) (a) The Minister or some person or persons appointed by him shall at the time and place so appointed publicly hear any evidence which may be tendered with respect to such applications objections and reasons.

(b) If such hearing is by a person or persons appointed by the Minister such person or persons shall report thereon in writing to the Minister.

Authority of persons appointed under this Act. No. 3709 s. 32.

Several persons may be appointed to do the same act. No. 3709 s. 33.

(a) See section 159.

1958. Land. No. 6284 533

35. Every person who at any such public hearing as is in the Penalty for last preceding section mentioned wilfully— statement &c.

(a) makes a false statement; No. 3709s.35. (b) refuses to answer any question lawfully put to him; or (c) gives a false answer to any such question—

shall be liable to a penalty of not less than Ten nor more than Fifty pounds, or to imprisonment for a term of not less than fourteen days nor more than six months.

36. The Governor in Council may if he thinks fit withhold or withdraw from sale leasing or licensing any land or allotment.

37. The Minister shall annually lay or cause to be laid before both Houses of Parliament a report of the proceedings taken under the provisions of Parts I. and II. during the financial year ending on the last day of June preceding the date of such report.(a)

Power to Governor in Council to withdraw lands from sale &c. No. 3709 s. 36. Minister to lay annual report before Parliament. No. 3709 s. 37.

Alienation. No. 3709 s. 39.

DIVISION 4 . AGRICULTURAL AND GRAZING LANDS.

Subdivision 1 .—A lienation.

38. A plan shall be kept in the Crown Lands Office of the *£ac"a e

1™'*J, lands comprised within the areas classed as first class second class to fourSA.one

third class fourth class and class.four A respectively. No-3709s-3a

39. Except as in this Division provided no first second third or fourth class or class four A land shall be alienated from the Crown in fee simple, and every conveyance transfer and alienation thereof save as in this Division expressly provided shall be absolutely void as well against Her Majesty as all other persons whomsoever.

40. For the purpose of ascertaining the quantity of land which any person may select or take up—

(a) two hundred acres of first class land shall count as equal to three hundred and twenty acres of second class land or six hundred and forty acres of third class land or one thousand two hundred and eighty acres of fourth class land or two thousand acres of class four A land;

(b) three hundred and twenty acres of second class land shall count as equal to two hundred acres of first class land or six hundred and forty acres of third class land or one thousand two hundred and eighty acres of fourth class land or two thousand acres of class four A land;

(c) six hundred and forty acres of third class land shall count as equal to two hundred acres of first class land or three hundred and twenty acres of second

Ascertainment of quantity of land which maybe selected. No. 3709 s. 40

(a) See also section 290.

534 1958. Land. No. 6284

Land may be of two or more classes. No. 3709 s. 41.

Infants of 18 may take up land. No. 3709 9. 42.

class land or one thousand two hundred and eighty acres of fourth class land or two thousand acres of class four A land;

(d) one thousand two hundred and eighty acres of fourth class land shall count as equal to two hundred acres of first class land or three hundred and twenty acres of second class land or six hundred and forty acres of third class land or two thousand acres of four A land; and

(e) two thousand acres of class four A land shall count a equal to two hundred acres of first class land or three hundred and twenty acres of second class land or six hundred and forty acres of third class land or one thousand two hundred and eighty acres of fourth class land—

and any greater or lesser quantity of any class of any such land shall bear the like proportion to land of any other class or classes and shall count accordingly.

41. Where by any provision of this Part any person is entitled or permitted to select or take up any specified quantity of land of any particular class such person may, unless inconsistent with the context or subject-matter, select or take up so much land of two or more of the said classes as would having regard to the last preceding section count as equal to the specified quantity of land of such particular class.

42. Any person being of the age of eighteen years if otherwise qualified may any rule of law or statute to the contrary notwithstanding become the lessee under Division four of Part I. or under Part II. or Part III. of this Act or the holder of a permit to occupy land under any lease issued under the said Parts, and thereupon every such person shall although such person is not twenty-one years of age be in the same position with regard to his liability under and enforcement by him of all contracts made with respect to such lease or permit as though such person were of the full age of twenty-one years.

Land available for selection under selection purchase lease. No. 3709 s. 43.

Subdivision 2.—Selection Purchase Allotments.^

43. Any unalienated land of the Crown being first second third or fourth class or class four A land which—

(a) before the commencement of this Act was pursuant to any Land Act made available for being selected or taken up under an agricultural allotment licence or a grazing allotment licence or a selection purchase lease; or

(a) As to investment by trustees in mortgages of selection purchase leases, see Trustee Act 1958, section 4.

1958. Land. No. 6284 535

(6) is hereafter notified by the Governor in Council in the Government Gazette as available for being selected under selection purchase lease—

shall be available for being selected under selection purchase lease pursuant to. the provisions of this Division.

44. The Governor in Council may if he thinks fit grant a lease *^emiai to be called a residential lease of a selection purchase allotment PJJJJ^J not exceeding in the whole two hundred acres of first class land or ^° 3 ^ s' 44 three hundred and twenty acres of second class land or six hundred and forty acres of third class land or one thousand two hundred and eighty acres of fourth class land or two thousand acres of class four A land—

(a) for a period of twenty years at a yearly rent of One shilling in the case of first class land or Ninepence in the case of second class land or Sixpence in the case of third class land or Threepence in the case of fourth class land or Twopence and two-fifths of a penny in the case of class four A land for each and every acre or fractional part of an acre; or

(b) for a period of forty years at a yearly rent of Sixpence in the case of first class land or Four and a half pence in the case of second class land or Threepence in the case of third class land or One penny and a halfpenny in the case of fourth class land or One penny and one-fifth of a penny in the case of class four A land for each and every acre or fractional part of an acre—

to any person who applies for such lease and who pays a half-year's rent in advance.

45. Any person qualified to become the lessee of a selection Right to now purchase allotment may become the lessee of more than one auotme™" selection purchase allotment if the total acreage thereof does not No. 3709 s. 45. exceed two hundred acres of first class land or three hundred and twenty acres of second class land or six hundred and forty acres of third class land or one thousand two hundred and eighty acres of fourth class land or two thousand acres of class four A land but no selector shall be allowed to pick out the best or any portion of an allotment that may be available for selection leaving the balance unselected and afterwards apply for a selection purchase allotment elsewhere.

46. (1) No person shall become the lessee either in his own EKen'.«° • *i_ c ,x. c which lan

name or in the name or names of any other person or persons of a may be selection purchase allotment in respect of more than two hundred No^oi:

536 1958. Land. No. 6284

Selectors under former Acts.

Applicant not to be a trustee or agent.

Lease may be declared forfeited.

Contracts in violation of Act void.

acres of land of the first class or three hundred and twenty acres of land of the second class or six hundred and forty acres of land of the third class or one thousand two hundred and eighty acres of land of the fourth class or two thousand acres of class four A land.

(2) No selection purchase lease shall be issued to any person whoundertheprovisionsof any Land Act has selected an allotment or taken up a pre-emptive right to the extent of the maximum number of acres limited in the first second third or fourth class or class four A (as the case may be) or who has made a selection under any Land Act and whose selection has in the opinion of the Minister been forfeited or cancelled for the wilful evasion of the provisions of any such Acts; but a selector under any Land Act may take up a sufficient quantity of land to make up with the land previously selected or taken up by him the maximum number of acres allowed under the provisions of this Act, and no person shall become the lessee of a selection purchase allotment who is an infant under eighteen years of age or who is in respect of the selection purchase allotment for which a lease has been applied for or in respect of any part thereof an agent or a servant of or a trustee for any other person or who at the time of the application has entered into any agreement to permit any other person to acquire by purchase or otherwise the selection purchase allotment in respect of which such application is made or any part thereof or the applicant's interest therein or the usufruct thereof and all land applied for under this Part shall be so applied for bona fide for the use and benefit of the applicant in his own proper person and not as the agent or servant or trustee of or for any other person.

(3) If any person in violation of any of the provisions hereof becomes the lessee of a selection purchase allotment the Governor in Council may declare the lease of any such selection purchase allotment to be forfeited.(a) Upon publication in the Government Gazette of notice of such declaration the interest created by the said selection purchase lease shall cease and determine, and all the right title and interest of the selection purchase lessee in and to such selection purchase lease and in and to the selection purchase allotment therein described, and all moneys paid as fees or rent in respect of such allotment shall be absolutely forfeited.

(4) All contracts agreements and securities which are made entered into or given with the intent or which (if the same were valid) would have the effect of violating all or any of the provisions of this Division or of any condition of a lease granted under this Part or under any corresponding previous enactment and all such contracts and agreements relating to a selection purchase allotment made or entered into before or after the issue of a lease during the currency of the first six years of the lease and to take effect wholly

(a) Public hearing, see sections 34 and 35.

1958. Land. No. 6284 537

or in part before at or after the termination of six years from the commencement of the said lease, shall and are hereby declared to be illegal and absolutely void both at law and in equity, and if the Minister is satisfied that any such contract agreement or security has been so entered into or given he may declare the lease of the allotment to be and the same shall thereupon become absolutely null and void.

47. (1) No person shall become the lessee of a selection purchase allotment who (whether in his own name or the names of any other person or persons) is the beneficial owner of any other lands not situate in any city town borough or township (whether Crown lands or not, but excepting Crown lands licensed under section one hundred and thirty of this Act or any corresponding previous enactment or licensed or leased under the Forests Act 1958 or any corresponding previous enactment for the grazing of cattle) if the unimproved value of such lands together with the unimproved value of the land included in the selection purchase allotment at the date of the application for the lease exceeds Two thousand five hundred pounds.

(2) No person shall become the lessee of a selection purchase allotment who (whether in his own name or the name or names of any other person or persons) is the beneficial owner of any lands in any city town borough or township unless within twelve months after the date of the recommendation by a local land board of his application for the selection purchase allotment the unimproved value of such lands and any other lands of which he is the beneficial owner together with the unimproved value of the land included in the selection purchase allotment does not exceed Two thousand five hundred pounds.

(3) For the purposes of this section— (a) a person shall be deemed to hold lands as beneficial

owner if he holds them otherwise than as a trustee executor administrator assignee of a bankrupt estate or mortgagee for an estate or interest (whether legal or equitable) in possession freehold or leasehold or of any other description of tenure if such leasehold or other description of tenure is for a term exceeding seven years; or if he is the settlor grantor assignor or transferor of such lands or any interest therein by settlement grant assignment transfer or conveyance not made bona fide for valuable consideration; and any beneficial owner of lands or of any estate or interest therein jointly or in common shall be deemed the owner of a proportion of such lands estate or interest equal to his undivided share therein; and a

Person holding lands which with selection purchase allotment would exceed £2,500 unimproved value not eligible to be lessee of selection purchase allotment. No. 3709 s. 47.

Person holding city &c. lands.

" Beneficial owner."

538 1958. Land. No. 6284

land,

perpetual lessee of land under this Par t or under the corresponding provisions of any repealed enactment shall be deemed to be the beneficial owner thereof;

The. (b) the " unimproved value " of any land means the sura ya"u™Pofved which the owner's estate or interest therein, if

unencumbered by any mortgage or other charge thereon, might in ordinary circumstances be expected to realize at the date of the application for the lease if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require and assuming that the actual improvements thereon (if any) had not been made: Provided that the unimproved value of land held under any lease or licence from the Crown for purposes other than mining is the unimproved value for the time being of such land after deducting such amount of the purchase money as has not for the time being become due and payable to the Crown; and the unimproved value of any unoccupied land of the Crown is the value at which the same is available for selection under selection purchase lease;

ments.1 improve- ( c ) " improvements " on land means all work actually done * * * * * ** - i » i 1 1 1 • J!

or material used thereon by the expenditure of capital or labour on or for the benefit of the land, nevertheless in so far only as the effect of such work or material used is to increase the value of the land, and the benefit thereof is unexhausted at the time of the application, but shall not include work done or material used on or for the benefit of land by the Crown or by any statutory public body, unless such work has been paid for by the contribution of the owner or occupier for that purpose.

Forfeiture of 48. (1) If any person in violation of any of the provisions NoT3709 s 4g. °^ ^ e *ast preceding section becomes the lessee of a selection

purchase allotment the Governor in Council may declare the lease of such selection purchase allotment to be forfeited.(a)

Effectof ( 2 ) Upon publication in the Government Gazette of notice of forfeiture s u c j j declaration t n e interest created by the lease of such selection

purchase allotment shall cease and determine and all the right title and interest of the lessee in and to such lease and in and to the selection purchase allotment thereby demised and all moneys paid as fees or rent for such allotment shall be absolutely forfeited.


1958. Land. No. 6284 539

4 9 . ( 1 ) Every residential lease of a selection purchase Conditions allotment shall be issued by the Governor in Council, and shall i n of selection addition to any other covenants or conditions contain the following ipeasehase

covenants and condi t ions:— NO. 3709 s. 49; No. 4095

(a) A covenant for the payment of the annual rent No.459'7 reserved in moieties in advance with half-yearly s-2<2>-intervals;

(b) A covenant that the lessee shall not within the first six Not to assign. years of the term of the lease transfer assign mortgage sublet or part with the possession of the whole or any part of the allotment or contract agree undertake or attempt to transfer assign mortgage sublet or part with the possession of the whole or any part thereof or without the consent in writing of the Board take in stock for agistment thereon and that after the first six years of the term of the lease the lessee shall not sell transfer assign mortgage or sublet the whole or any part of the allotment unless and until the lease has been indorsed under the seal of the Board to the effect that all the conditions and covenants of the lease during the first six years thereof have been complied with; and that the lease shall become absolutely void on any breach of this covenant or (save as in this Act otherwise expressly provided) on the assignment or transfer whether by operation of law or otherwise of the whole or any portion of the allotment;

(c) A covenant that the lessee shall at once and to the To destroy satisfaction of the Board commence and continue vermin&c

to destroy and shall within two years after the date of the lease have destroyed to the satisfaction of the Board the vermin upon the land demised, and that he shall to the satisfaction of the Board keep the same free from vermin during the first six years of the term of the lease;

(d) A covenant that the lessee shall if not sooner called Fencing. upon under the provisions of the Fences Act 1958 within six years from the date of the lease enclose the land demised with a fence and keep the same in repair. Where any lessee proves to the satisfaction of the Board that owing to the physical conditions substitute for or the nature of the land demised the enclosing tencing-thereof with a fence would be impracticable or where in the opinion of the Board the enclosing of the whole or any part thereof with a fence is not required, the Board may in writing accept as a compliance with the fencing covenant the

540 1958. Land. _No. 6284

expenditure by the lessee on such land for substantial and permanent improvements of an amount equivalent in the Board 's opinion to the cost of fencing;

occupation. (e) A covenant that the lessee shall within twelve months after the date of the lease and thenceforth during the first six years of the term of the lease occupy the selection purchase allotment;

lmprove- ( / ) A covenant that the lessee shall on the land demised ments. w ' - 1 1 . 1 1

make substantial and permanent improvements certified in writing under the seal of the Board to be equivalent to the value—

(i) if the land is first or second class land respectively of Three shillings and fourpence or Two shillings and sixpence per acre before the end of the second year, another Three shillings and fourpence or Two shillings and sixpence per acre before the end of the third year, another Three shillings and fourpence or Two shillings and sixpence per acre before the end of the fourth year, and to the full value of Twenty shillings or Fifteen shillings per acre before the end of the sixth year; or

(ii) if the land is third or fourth class land respectively of Five shillings or Two shillings and sixpence per acre before the end of the third year, and to the full value of Ten shillings or Five shillings per acre before the end of the sixth year; or

(iii) if the land is class four A land of Two shillings per acre before the end of the third year and the full value of Four shillings per acre before the end of the sixth year;

Crown grant (g) A condition that if the lessee during the first six years of allotment. Qf t^e t e r m 0 f t k e j e a s e O C C Upies the selection

purchase allotment for not less than five years and fences and makes the improvements of the nature and value in the covenants and conditions of the lease mentioned on the selection purchase allotment during the said period of six years and proves to the satisfaction of the Board ( to be certified under its seal) by such evidence as the Board may require that he has complied with the said covenants and conditions and with all other covenants and

1958. Land. No. 6284 541

conditions of the lease, the lessee or his representatives at any time after the expiration of the first six years of the term of the lease and upon the payment of the last sum due on account of the rent reserved and upon the payment of the difference between the amount of rent actually paid and the entire sum payable under this Act for each acre or fractional part of an acre in the selection purchase allotment, shall be entitled to a grant in fee simple of the land demised; and every such grant shall be subject to such covenants conditions exceptions and reservations as the Governor in Council may direct;

(h) A condition that if it is proved to the satisfaction of the Power of sale Board by any lessee that owing to ill health he IS case of breach

unable to occupy his allotment, pursuant to the ofcovenam-conditions and covenants of the lease or that for any other reason it is expedient so to do, the Board may cause the allotment to be put for sale by auction;

(i) A condition that when the lessee is unable at the end of condition for any half-year to pay his rent the Board may, if the pwnentof0

lessee has complied with the covenants and rent-

conditions of his lease suspend the payment of such amount of rent as will not exceed sixty pounds per centum of the value of the improvements effected on the land demised over and above any encumbrance thereon and allow him to pay the arrears of rent and interest thereon (if any) in one amount or spread over a definite time and may extend the lease for a corresponding time;(a)

(/*) A condition that in the case of the bankruptcy O r Provision in

death of the lessee during the first six years of the orsbankruptCy term of the lease— of,essee-

(i) it shall not be obligatory on the trustee assignee or receiver in bankruptcy or on the executors or administrators of such lessee to comply with the said condition of occupation; and

(ii) the trustee assignee or receiver in bankruptcy within twelve months from the date of bankruptcy or within such further period as in the case of drought or in any other special circumstances the Minister allows and the executors or administrators of such lessee at any time may assign such lease to any person who is qualified

VOL. IV.—18


542 1958. Land. No. 6284

Date of lease where assigned by trustees in bankruptcy or executors &c.

Resumption for certain purposes.

To keep in repair.

Breach.

to become a lessee of such selection purchase allotment and such person shall thereupon be with respect to such lease in the same position as though he had been the original lessee. Where any lease is assigned to any person by the trustee assignee or receiver in bankruptcy or the executors or administrators of the lessee such lessee not having occupied the allotment pursuant to the covenants and conditions of the lease, or no proof satisfactory to the Board being given of such occupation, the Governor in Council may alter the date of such assigned lease in such a manner as will enable the new lessee to comply with the covenant or condition of occupation contained in the lease and may make such adjustments of rent as are necessary, and the said lease shall be read and construed accordingly;

(k) A condition that the Governor in Council or the Board may at any time during the term of the lease enter upon the whole or any portion of the allotment for the purpose of resuming any land comprised in such allotment and required for reserves for public purposes roads railways canals or for mining purposes. Any moneys which may have been paid by the lessee to the Crown in respect of the land so resumed or expended by him thereupon shall be repaid to him together with such other moneys as compensation for such resumption as to the Governor in Council seems fit;

(/) A covenant that the lessee during the first six years of the term of the lease shall keep in good condition and repair all buildings fences and other permanent improvements situated on his allotment reasonable wear and tear and damage by fire and tempest alone excepted;

(m) A condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the lessee, or the violation of any of the provisions of this Act applicable thereto ;(a)

(a) See sections 34 and 35.

1958. Land. No. 6284 543

(n) A condition that the Board or any person appointed Entiyto in that behalf by the Board may at any time enter covenants upon the land demised to ascertain if the conditions fulfiUed-and covenants of the lease are being performed by the lessee.

(2) Every residential selection purchase lease shall contain other such other covenants conditions and provisions not inconsistent ronduio'nVand

with the provisions of this Act as the Governor in Council approves of and directs to be inserted therein.

(3) Any lessee under the provisions of this section may in Registration each and every year during the first six years of the term of his ° a sence" lease apply to a land officer acting in the district to register in a book to be kept for the purpose a notice in writing signed by the said lessee of his intention to be absent from his allotment for a period or periods not exceeding in the whole three months (specifying the dates of commencement and termination of his intended absence), and any absence between the dates thus registered shall not be deemed to be a breach or non-fulfilment of the condition of occupation contained in his lease or a violation of any of the provisions of this Part.

(4) In respect of any selection purchase allotment disposed £°,".e^° of to any person under a residential lease the Governor in Council selection

J *• purchase m a y lease for

23 or 43 years (a) direct that no rent shall be payable for the first three areolars

years of such person's occupation of the allotment ««'»»• or such lesser period as, having regard to the substantial or permanent improvements on or the income likely to be earned from the allotment, the Governor in Council thinks fit; and

(b) extend the term of the lease accordingly or, where a lease has not issued, issue a lease for the extended term.

(5) Any concession under the last preceding sub-section— SSSfto

(a) may be reduced or discontinued by the Minister i n discontinue

any case where upon the report of a bailiff of the c°Sc°anse?. Crown lands the Minister is satisfied that any covenant or condition of the lease is not being complied with by the lessee or that the allotment is not being satisfactorily worked; or

(b) may be reduced by the Minister in any case where upon the report of a bailiff of Crown lands the Minister is satified that the substantial and permanent improvements on or the income likely to be earned from the allotment are such as to make the reduction reasonable.

544 1958. Land. No. 6284

Nonresidential leases-No. 3709 s. 50.

No condition as to occupation.

Improvements.

Purchase money.

50. (1) The Governor in Council may if he thinks fit grant a lease (to be called a " non-residential lease ") of a selection purchase allotment for a period of twenty years at a rent for each and every acre or fractional part of an acre for such lease of One shilling per annum in the case of first class land and Ninepence per annum in the case of second class land and Sixpence per annum in the case of third class land and Threepence per annum in the case of fourth class land and Twopence and two-fifths of a penny per annum in the case of class four A land to any person who, being entitled to become a lessee of a selection purchase allotment under the provisions of this subdivision applies for such lease and pays a half-year's rent in advance, and (save as in this and the next succeeding section provided) every such lease shall be upon the like conditions and terms as residential leases to occupy selection purchase allotments.

(2) No covenant as to residence or occupation or as to the kind of improvements to be made by the lessee save as regards fencing shall be contained in such lease.

(3) There shall be contained in such lease a covenant that the lessee shall on the land demised in respect of each acre or fractional part of an acre thereof make substantial and permanent improvements certified in writing under the seal of the Board to be equivalent to the value of—

(a) Six shillings and eightpence in each of the first six years of the currency of the lease if the land is first class land;

(b) Five shillings in each of the first three years of the currency of the lease if the land is second class land;

(c) Three shillings and fourpence in each of the first three years of the currency of the lease if the land is third class land;

(d) One shilling and eightpence in each of the first three years of the currency of the lease if the land is fourth class land; or

(e) One shilling and fourpence in each of the first three years of the currency of the lease if the land is class four A land.

(4) The entire sum payable in respect of the purchase money for every acre or fractional part of an acre shall be at the rate of One pound in the case of first class land Fifteen shillings in the case of second class land Ten shillings in the case of third class land Five shillings in the case of fourth class land and Four shillings in the case of class four A land.

{Sating0tS ^ l . ( 1 ) All the provisions of this Division which are ileasers!sidence applicable to residential selection purchase leases and to the 4 ^ 0 9 8.51. persons holding or qualified to hold the same including the rights

1958. Land. No. 6284 545

and liabilities thereby conferred or imposed shall except as otherwise in this Division expressly provided apply and extend to non-residential leases and to the persons holding or qualified to hold the same and the rights and liabilities thereby conferred or imposed.(o)

(2) At any time after the period of six years of the currency Purchase by of the lease and thereafter during the term of the lease (such substantial and permanent improvements of the value aforesaid having been made to the satisfaction of the Board), and upon payment of the difference between the amount of rent reserved actually paid and the entire sum of One pound or Fifteen shillings or Ten shillings or Five shillings or Four shillings (as the case may be) for each acre or fractional part of an acre, the lessee or his representative shall be entitled to a grant in fee simple of the land so leased, and every such grant shall be subject to such covenants conditions exceptions and reservations as the Governor in Council directs.

(3) During any one year non-residential leases shall not be Limitotnon-issued under the provisions of this Part for more than fifty leases to be

thousand acres of Crown lands. """" issued in one year.

52. (1) The Governor in Council may if he thinks fit at the Power of Governor in Council to convert licences and leases. No. 3709 s. 52.

request in writing of the licensee or lessee in each case— (a) convert into a non-residential lease of a selection

purchase allotment any licence under Division three of Part I. of the Land Act 1901 or under Part II. of the said Act or at any time during the first six years of the lease any residential lease of a selection purchase allotment; and such new lease shall bear the same date as the original licence or lease; or

(b) convert into a residential lease of a selection purchase allotment any such licence or at any time during the first six years of the lease any non-residential lease of a selection purchase allotment; which new lease shall be so dated as to enable the lessee to comply with the condition of occupation contained therein.

(2) Where any such licence or lease is so converted the rent computation shall be computed in accordance with the terms and conditions of conversion,

the original licence or lease up to the date of the new lease and thereafter in accordance with the terms and conditions of the new lease; and any licence-fees or rent due or paid under the original licence or lease shall be deemed and taken to be rent due or paid under the new lease and the Governor in Council may make the necessary adjustments accordingly.


546 1958. Land. No. 6284

Power to select allotment under perpetual lease. No. 3709 s. 53.

Subdivision 3.—Perpetual Leases. 53. Where pursuant to the provisions of this Act or any

repealed Act or to the covenants or conditions of any lease granted thereunder any person is entitled to apply to select any land as a selection purchase allotment such person may apply to select such allotment under a perpetual lease, and subject to this Part a perpetual lease thereof may be granted to such person accordingly.

Application of subdivision. No. 3709 s. 54.

54. Where power is given to any person to apply to select any land under a perpetual lease such lease shall, unless modified or otherwise expressly provided, be subject to all the provisions of this subdivision.

Conditions in perpetual lease. No. 3709 s. 55. Payment of rent.

To destroy vermin &c.

Fencing.

Residence.

55. (1) Every perpetual lease shall be issued by the Governor in Council, and shall contain the following conditions namely:—

(a) A condition for the payment in advance of the yearly rent;

(b) A condition that the perpetual lessee shall at once and to the satisfaction of the Board commence and continue to destroy and will within two years after the issue of the perpetual lease have destroyed to the satisfaction of the Board the vermin upon the land demised, and that he will keep the same free of vermin Bathurst burr wild briar and gorse to the satisfaction of the Board;

(c) A condition that the perpetual lessee shall within six years from the issue of the perpetual lease if not sooner called upon under the provisions of the Fences Act 1958 enclose the land demised with a fence and keep the same in repair provided however that where any lessee proves to the satisfaction of the Board that owing to the physical conditions or the nature of the land demised the enclosing thereof with a fence would be impracticable or where in the opinion of the Board the fencing of the whole or any part of the land demised is not required, the Board may in writing accept as a compliance with the fencing covenant the expenditure by the lessee on such land for substantial and permanent improvements previously approved by the Board of an amount equivalent in the Board's opinion to the cost of fencing;

(d) A condition that the perpetual lessee his executors administrators or assigns shall within six months after the granting of the perpetual lease reside upon the land demised or within five miles thereof and that he shall reside upon the land demised or within five miles thereof for at least six months during

1958. Land. No. 6284 547'

Improvements.

the first year of the terra of such lease and for at least eight months during each of the second third fourth and fifth years of such term, provided that if he cultivates at least one-fourth of the land demised within the first two years of such term and at least one-half thereof before the end of the fourth year of such term this condition as to residence shall not operate;

(e) A condition that the perpetual lessee shall on the land demised make substantial and permanent improvements certified in writing under the seal of the Board to the value of Ten shillings if of the first class or Seven shillings and sixpence if of the second class or Five shillings if of the third class or Two shillings and sixpence if of the fourth class or Five shillings if of class four A for every acre of the said land before the end of the third year from the commencement of the lease, and to the value of a further Ten shillings if of the first class or Seven shillings and sixpence if of the second class or Five shillings if of the third class or Two shillings and sixpence if of the fourth class for every acre before the end of the sixth year from such commencement;

(/) A condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the perpetual lessee;(a)

(g) A condition that the perpetual lessee will not transfer assign mortgage sublet or part with the possession of the whole or any part of the land demised within the first six years of such lease. Where any lease is assigned to any person by the trustee assignee or receiver in bankruptcy or the executors or administrators of the lessee such lessee not having personally resided on the land demised pursuant to the conditions of the lease or no proof satisfactory to the Board being given of such residence the Governor in Council may date such assigned lease so as to enable the new lessee to comply with the said condition of residence contained in the lease and may make such adjustments of rent as are necessary and the said lease shall be read and construed accordingly;(6)

{h) A condition that if any time after the expiration of the Power to

first six years of such lease the Board is satisfied £ ^ 5 $ " that all the covenants and conditions thereof have

Breach.

Non-alienation within six years. Date of lease where assigned by trustee in bankruptcy or executors Ac.

(a) See sections 34 and 35. (b) See section 84.

548 1958. Land. No. 6284

Resumption for certain purposes.

Rent under perpetual lease. No. 3709 0. 56; No. 4181 s. 3. No. 4597 s.2(2) .

How rent to be fixed.

been complied with and that no rent is due thereon the perpetual lessee may with the written consent of the Board transfer mortgage sublet or part with the possession of the whole or any part of the land demised; and

(/) A condition that the Governor in Council or the Board may at any time enter upon the whole or portion of the land demised for the purpose of resuming any land comprised therein and required for reserves for public purposes roads railways canals reservoirs or for mining purposes. Every perpetual lessee shall upon such entry remove any improvements from his leasehold or part thereof and relinquish and give up possession of the said leasehold or part to Her Majesty. There shall be paid by Her Majesty the actual cost of removing and re-erecting, and any actual depreciation in value caused by such removal and re-erection of his improvements and the amount of loss sustained in consequence of relinquishing improvements not removable. Such cost or amount shall be fixed by the Board but shall not include compensation for severance or for any person's interest in the perpetual lease and may be paid to such person or persons as the Board determines.

(2) Every perpetual lease shall also be subject to such conditions as may be provided by regulations.

56. (1) The rent payable by the perpetual lessee for the period from the issue of such perpetual lease until the twenty-ninth day of December One thousand nine hundred and fifty-nine shall be such amount as the Board has fixed or may fix and shall for every successive period of ten years from such date be such amount per annum as shall from time to time be fixed by the Board:

Provided that, with respect to a perpetual lease of any swamp or reclaimed land under Division seven of this Part, where the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should during any successive period be charged, the Governor in Council, nothwithstanding anything in the foregoing provisions of this sub-section or in sub-section (2) hereof, may from time to time by Order increase or decrease such rent for such portion of the remainder of that successive period as is specified in the Order; and such increased or decreased rent shall, as from the date of the Order or such later date as is specified in the Order, be payable accordingly.

(2) In fixing the amount per annum of rent payable in each case the Board shall estimate the value of the land comprised in the perpetual leasehold as if the same were freehold land not

1958. Land. No. 6284 549

cleared or cultivated and without any fences buildings or other improvements thereon and shall fix the rent payable at an amount equal to Four pounds per centum of such estimated value.

57. The Board shall have the same powers for the levying Recovery ot or recovery of rent under the perpetual lease and of interest fSferU? thereon as by law it has with respect to the levying or recovery NO. 3709 s. 57. of rent under this P a r t . ( a )

58. (1) Any perpetual lessee who has selected land on which Power of

no ar rears of rent a re d u e m a y in writ ing apply at any t ime for FeYseTto1

permission to sur render his lease to H e r Majesty. ieaM.nder

(2) If the Board is satisfied that the applicant holds the Issueot allotment bona fide for his sole use and benefit and that such lease.0

surrender is approved of in writing by any mortgagee or lienee of such lease the Governor in Council may if he thinks fit accept such surrender and on payment of such fee as may be prescribed issue to such applicant a selection purchase lease (residential or non-residential) for such allotment but in the case of class four A land the rent payable under the selection purchase lease of such land and the value of the improvements to be effected on such land shall not be less than would be the case if such land were land of the fourth class.

59. (1) Any applicant who has been granted a selection Ante-daiing purchase allotment under the provisions of the last preceding °,lease-section and who proves to the satisfaction of the Board that he has No'3709 s 59' occupied his allotment may if the Minister thinks fit have his selection purchase lease therefor dated from the first day of January or the first day of July in the half-year in which he commenced to occupy such allotment; and in the event of his occupation of such allotment not having been continuous may if the Minister thinks fit have his selection purchase lease therefor so dated from the first day of January or the first day of July in any year as to cover in the aggregate the periods during which he has so occupied his allotment and such selection purchase lease shall thereupon be deemed to have been issued on such date.

(2) Such selection purchase lease shall not be issued until the Fees to be applicant pays the amount of rent which would have been payable paid-under the selection purchase lease if it had been issued on the date thereof.

(3) The applicant on the issue to him of the selection purchase improve-lease shall be entitled to have all substantial and permanent {^cSSfted. improvements valued by the Board and to be credited with the same as if made under and pursuant to the conditions and covenants of the selection purchase lease.


550 1958. Land. No. 6284

Lien may be given.

Crediting of rent and occupation.

Limit of land to be held under perpetual lease. No. 3709 s. 60.

Provisions for forfeiture to Her Majesty where lands &c. held contrary to section.

(4) The Governor in Council may in the selection purchase lease make all necessary adjustments accordingly.

(5) Where a selection purchase lease is issued pursuant to the last preceding section the selection purchase lessee may at any time during the first six years of the term of the selection purchase lease give to any person who at the time of surrender of the perpetual lease was a mortgagee thereof a lien on his improvements to the full amount due on such mortgage at the time of such surrender; and the provisions of this Act relating to liens shall apply to the lien given pursuant to this section.(a)

(6) The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of a surrendered perpetual lease shall be credited as part of the rent payable on the selection purchase allotment, and that any occupation of the land comprised in the surrendered perpetual lease shall be deemed and taken to be occupation under the selection purchase lease.

6dDo (1) No person shall hold under this Part as perpetual lessee either in his own name or the name or names of any other person or persons more than six hundred acres of first class land, or nine hundred and sixty acres of second class land, or one thousand nine hundred and twenty acres of third class land, or two thousand eight hundred and eighty acres of fourth class or class four A land.

(2) If any person except as hereinafter mentioned holds lands or any estate or interest in lands contrary to the provisions of this section, such lands or so much thereof as may be held contrary to the provisions of this section shall be liable to be forfeited to Her Majesty, and the particular lands to be so liable to be forfeited shall be determined by the following rules:—

(a) If any person who is the perpetual lessee of lands to the extent of six hundred acres of first class land, or nine hundred and sixty acres of second class land, or one thousand nine hundred and twenty acres of third class land, or two thousand eight hundred and eighty acres of fourth class or class four A land becomes the perpetual lessee of other first second third or fourth class or class four A lands such last-mentioned lands or the estate or interest of such person therein shall be liable to be so forfeited;

(b) If any person who is the perpetual lessee of lands to an extent not exceeding six hundred acres of first class land, or nine hundred and sixty acres of second class land, or one thousand nine hundred and twenty acres of third class land, or two thousand

(a) See subdivision 4, sections 61-69.

1958. Land. No. 6284 561

eight hundred and eighty acres of fourth class or class four A land, afterwards becomes the owner of such lands to an extent exceeding the said number of acres of first class or second class or third class or fourth class or class four A land (as the case may be), none of the lands of which such person was the owner before he became the perpetual lessee of such lands to an extent exceeding the said numbers of acres respectively shall be liable to be so forfeited;

(c) If any person at one and the same time becomes the perpetual lessee of lands to an extent exceeding six hundred acres of first class land, or nine hundred and sixty acres of second class land, or one thousand nine hundred and twenty acres of third class land, or two thousand eight hundred and eighty acres of fourth class or class four A land, or of such lands to an extent which together with other such lands of which he is then the perpetual lessee will exceed any of the said numbers of acres respectively, a portion of the extent so acquired equal in area to the excess of the whole of such land of which such person is the perpetual lessee over six hundred acres of first class land, or nine hundred and sixty acres of second class land, or one thousand nine hundred and twenty acres of third class land, or two thousand eight hundred and eighty acres of fourth class or class four A land, to be determined by the Minister by metes and bounds by notice published in the Government Gazette, shall be liable to be so forfeited.

(3) If any person by or under any will or as one of the next Lands of kin of any deceased person or by reason of any estate or interest S rmi i &c. in expectancy falling into possession or by survivorship or by the forfeitable for foreclosure of any mortgage becomes the perpetual lessee of any fiveyears-lands and by reason thereof he becomes such perpetual lessee of land to a greater extent than the extent hereby permitted, such person shall not be deemed to hold such lands contrary to the provisions of this section until the expiration of five years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage as the case may be.

(4) If any mortgagee of any lands takes possession of such Mortgagees lands as perpetual lessee he shall after the expiration of five years in p°ssession-from taking such possession be deemed to hold such lands as perpetual lessee within the meaning of this section.

552 1958. Land. No. 6284

Penalty for holding contrary to this section.

Forfeitures not enforceable against bona fide purchasers.

Infants and lunatics.

(5) Every person holding any lands or any estate or interest in lands contrary to the provisions of this section, in addition to the liability to forfeiture hereinbefore provided for, shall be liable to a penalty of not more than Two shillings for every acre of such lands held by him contrary to the provisions of this section, and an additional penalty of the same amount for every year he may hold the same.

(6) If lands become liable to be forfeited under the provisions of this section such lands may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but such lands shall not be liable to be forfeited after they have passed into the hands of any bona fide purchaser for value claiming under any such person.

(7) If any person who is the perpetual lessee of lands to an extent beyond the extent of which any person is permitted to be the perpetual lessee is an infant or lunatic, any executor administrator or trustee in whom such lands may be vested on behalf of such infant or lunatic or if there is none the guardian (if any) of the estate of such infant or the committee or guardian of the estate of such lunatic shall sell such lands estate or interest or so much thereof as may be necessary to reduce the extent of which such infant or lunatic is the perpetual lessee to the extent permitted by this section and apply the proceeds as part of the estate of such infant or lunatic; and if such lands are so sold within five years after the date at which such infant or lunatic became the perpetual lessee of lands to an extent in excess of the extent permitted by this section such lands shall not be liable to forfeiture under the provisons of this section unless a forfeiture was incurred previous to such infant or lunatic becoming the perpetual lessee or to the lunacy of such lunatic; and such executor administrator trustee guardian or committee is hereby empowered and directed to execute proper transfers and assurances for the purpose of vesting such lands in the purchasers thereof which shall be as effectual for that purpose as if the infant or lunatic were of full age and sound mind and executed the same.

Encum-branced leases. No. 3709 a 61; No. 4873 s . 3 ( l ) , ( 3 ) .

Lessee may give order for delivery of grant.

Subdivision 4.—Encumbrances and Liens.

61. (1) With respect to any lessee of any agricultural or grazing allotment or selection purchase allotment who has obtained any advance of money on the security of his lease the following provisions shall have effect:—

(a) Such lessee may give to any person by whom such an advance was made an order in writing under his hand (witnessed by any justice) authorizing such person to obtain from the Governor in Council the Crown grant of such agricultural or grazing

1958. Land. No. 6284 553

allotment or selection purchase allotment so soon as the last sum due on account of the rent reserved in such lease and all fees due thereon are paid;

(b) If the Board approves of such order the Crown grant ^rg"fnBranl

shall be made out in the name of such lessee and lessee's name delivered to the person named in such order who to person shall have the same lien over such grant as he had %%S£ln

over the lease; (c) Every such approved order shall be registered in the orders to be

Crown Lands Office and shall remain in full force ESSs™ m

and effect until complied with unless previously Department-cancelled on the written request of the person signing the same and the person named therein, and such registration may be inspected by any person on the payment of a fee of One shilling.

(2) Where any lease of an agricultural allotment a grazing Transfer of allotment a selection purchase allotment or a conditional purchase encumbrances

allotment is subject to a registered encumbrance then in the event leases to of the lessee obtaining a Crown grant of such allotment (whether Sr°™eYaandI. with or without any addition thereto or adjustment thereof)—

(a) such encumbrance shall without further or other authority than this Act be transferred and apply to such Crown grant and to the land thereby granted in all respects as if such Crown grant had been referred to in such encumbrance; and

(b) the Registrar of Titles shall— (i) indorse a memorial of such encumbrance on

such Crown grant upon the registration thereof; and

(ii) make a memorandum stating the fact of such transfer on the original registered instrument.

(3) (a) Where the lease of any land under any of the Transfer of provisions of this Act is subject to a registered encumbrance and encumbrance before the expiration of the term thereof a new lease of the same £eweieSae

Se°in land (whether with or without any addition thereto or adjustment No'4873ases' thereof) is granted to the lessee in substitution for such s.3(3). first-mentioned lease such encumbrance shall, if the Board considers it equitable, be transferred and apply to such new lease and to the land thereby demised in all respects as if such new lease had been referred to in such encumbrance.

(b) Upon the grant of any new lease referred to in the last certificate of preceding paragraph the Board shall forthwith furnish to the encumbrances Registrar of Titles— u£a*it

(i) a certificate under its seal setting forth the registered encumbrances on the former lease which are to be transferred to the new lease; or

554 1958. Land. No. 6284

(ii) where no encumbrances are to be transferred a notification in writing to that effect.

(c) The Registrar of Titles shall upon receipt of such certificate—

(i) indorse such encumbrance on such new lease upon the registration thereof; and

(ii) make a memorandum stating the fact of such transfer on the original registered instrument.

Licensee or lessee may give lien for loan. No. 3709 8. 62.

Lien not to be a breach of conditions.

62. (1) The licensee of any agricultural or grazing allotment or the lessee of a selection purchase allotment at any time during the first six years of the term of his lease may give to any person from whom he receives an advance of money a lien on his improvements.

(2) No lien given in respect of any licence or selection purchase lease in accordance with the provisions of this Part shall be deemed to be a breach of the conditions of such licence or selection purchase lease.

Registration. No. 3709 s. 63.

63. Every lien shall be registered in the Crown Lands Office and unless previously cancelled on the production of the written request or of the signed receipt or receipts for the amount of such lien of the person to whom the same was given shall remain and be of full force and effect during the currency of the licence or selection purchase lease in respect of which the same was granted.

Transfer of lien to lease or grant when issued. No. 3709 s. 64.

64. If the lien on any improvements of any such allotment is not cancelled before the time of the issue therefor of a lease or Crown grant the Minister shall cause a memorandum thereof to be indorsed on such lease or Crown grant before the same is issued, and such lien shall by the operation of this Part be transferred and apply to such lease or Crown grant and the land thereby demised or granted and shall become and be deemed to be a charge thereon and shall have the same operation and effect in all respects as if such lease or Crown grant and the land included therein had been referred to in and made subject to such lien.

Indorsement of lien on grant or lease. No. 3709 s. 65.

65. Such lien shall be indorsed by the Registrar of Titles as an encumbrance on such lease or Crown grant when the same is registered, and a memorandum stating the fact of such transfer shall be made by the said Registrar on the lien which shall then be registered in the office of the Registrar of Titles.

Fee on registration. No. 3709 s. 66.

66o The Registrar of Titles shall demand and be paid the like fee for registering a lien as may for the time being be chargeable for registering a mortgage.

1958. Land. No. 6284 555

67. Nothing in this subdivision shall prevent the forfeiture of any licence or lease for a breach of any of the terms and conditions thereof, and no holder of a lien shall have any claim either legal or equitable against Her Majesty or the Board by reason of the loss of his lien on the forfeiture or abandonment of any licence or selection purchase lease, but the Minister may if he thinks fit repay to the holder of any such lien out of the moneys received in respect of any improvements on the allotment the sum of money secured by such lien: Provided that before any such repayment is made the Minister shall be satisfied that the moneys secured by such lien were advanced and such lien given bona fide and without fraud or improper collusion on the part of the licensee or selection purchase lessee or of the holder of such lien.

Holder of lien to have no claim if licence or lease forfeited. No. 3709 s. 67.

Maybe repaid if improvements sold and Minister satisfied as to bona fides.

68. (1) If any registered lien on improvements on any land held under licence for which a selection purchase lease is issued under this Act is not cancelled before the time of the issue of the selection purchase lease—

(a) the Minister shall cause a memorandum of the lien to be indorsed on the lease before the same is issued;

(b) the lien shall by the operation of this Part be transferred and apply to the improvements on the land demised, and shall have the same operation and effect in all respects as if the lease and such improvements had been referred to in and been made subject to the lien.

(2) If at the end of the first six years of the term of a selection purchase lease the lien is not cancelled it shall be indorsed by the Registrar of Titles as an encumbrance on the lease or on the Crown grant before the issue thereof; and thereupon such lien shall by the operation of this Part apply to such lease or Crown grant and to the land thereby demised or granted and shall become and be deemed to be a charge thereon and shall have the same operation and effect in all respects as if such lease or Crown grant and the land included therein had been referred to in and made subject to such lien.

(3) The Registrar of Titles shall demand and be paid the like fee for registering a lien as may for the time being be chargeable for registering a mortgage.

(4) Where a licensee or a selection purchase lessee (who has with the consent of the Board signified in writing and of the Governor in Council given a lien and has duly registered the same) fails to fulfil and comply with or commits a breach of any of the covenants and conditions of his licence or lease, such licence or lease if a licence or lease of an agricultural allotment or selection purchase allotment in the Mallee country(o) shall not thereupon

Uncancelled lien to become a charge on land demised under selection purchase lease. No. 3709 s. 68.

Transfer of lien to lease or Crown grant at expiration of six years.

Provision where lessee Ac. of Mallee land who has given a lien fails to comply wilh covenant*.


556 1958. Land. No. 6284

become or be declared void, but the Minister shall cause notice in writing of such failure on the part of such licensee or lessee to be personally delivered to or sent by post to the holder of the lien at his place of residence as set forth in such lien or to his attorney or agent. If when three months have elapsed from the personal delivery or posting of such notice such covenants and conditions are not duly fulfilled complied with and observed such licence or lease shall be voidable at the will of the Governor in Council.

Regulations. No. 3709 s. 69.

69. The Governor in Council may make regulations for prescribing the form of a lien; the conditions upon which such lien will be allowed by the Minister; the mode of valuation of improvements actually effected upon any allotment; the giving of a certificate as to the value of such improvements; the registration in the Crown Lands Office of a lien; the removal of such registration when cancelled; and the form of memorandum of the charge upon the land by reason of such lien to be indorsed on a lease or Crown grant before issue.

General provision as to leases and licences. No. 3709 s. 70; No. 4095 s.3 (2). No. 4654 s.3 (3).

Evidence of compliance with covenants or conditions as to vermin destruction.

Certificate of improvements under lease or licence.

Conditions as to residence in case of insanity.

Subdivision 5.—General.

70. Notwithstanding anything contained in any Act— (a) where in any licence or lease of any land issued under

this Act or any corresponding previous enactment there is any covenant or condition providing in effect for the destruction of vermin on the land or for keeping the same free from vermin or Bathurst burr wild briar or gorse to the satisfaction of the Board, then (unless the Board otherwise directs) such covenant or condition shall be taken to have been complied with if the Superintendent of vermin and noxious weeds destruction certifies in writing under his hand that the covenant or condition has been complied with;

(b) where in any condition or covenant in any licence or lease of any land issued under this Act or any corresponding previous enactment it is required in effect that the value of any improvements on the land be certified under the seal of the Board, it shall be sufficient (unless the Board otherwise directs) if the value of such improvements is certified by a bailiff of Crown lands in writing under his hand;

(c) where by the provisions of any Act relating to Crown lands or by a condition contained in his licence or lease any licensee or lessee is required in effect to reside on the land thereby licensed or demised or within a limited distance thereof such provision or condition shall if such licensee or lessee becomes

1958. Land. No. 6284 557

insane during the currency of his licence or lease cease to operate during the period or periods of his insanity but shall otherwise be of full effect;

(d) where by the provisions of any Act relating to Crown lands or by a covenant or condition contained in his licence or lease any licensee or lessee is required in effect to reside on the land thereby licensed or demised or within a limited distance thereof such provision or covenant or condition (if it is proved to the satisfaction of the Minister that owing to ill-health or prolonged drought such licensee or lessee is unable to reside as required) shall cease to operate during the period or periods of ill-health or prolonged drought or such portion of any such period or periods as the Minister in his discretion may think fit to determine but shall otherwise be of full effect. Every exemption granted under this sub-section shall be published in the annual report under this Act;

(e) if during the currency of his licence or lease the licensee or lessee of land becomes insane it shall be lawful for the committee of his estate or the Public Trustee as the case may be at any time during the lunacy of the licensee or lessee to assign such licence or lease to any person who is qualified for becoming a licensee or lessee thereof and such person shall upon such assignment be with respect to such licence or lease in the same position as though he had been the original licensee or lessee;

(/) where in pursuance of the last preceding paragraph of this section any licence or lease is so assigned if the licensee or lessee has not occupied the allotment pursuant to any condition of occupation contained in the licence or lease or if no proof satisfactory to the Board is given of such occupation then the Governor in Council may alter the date of such assigned licence or lease in such manner as will enable the new licensee or lessee to comply with any such condition of occupation and may make such adjustments of rent as are necessary and the said licence or lease shall be construed accordingly;

(g) where owing to special circumstances it appears to the Board to be equitable in any particular case to modify the requirements—

(i) of paragraph (/) of sub-section (1) of section forty-nine of this Act so far as the said paragraph relates to land mentioned in sub-paragraph (iii) of the said paragraph; or

Residence in case of ill-health or prolonged drought.

Public Trustee to have power to assign licence or lease.

Dating of licence or lease to enable occupation conditions to be complied with.

Power to modify covenant in residential or nonresidential selection purchase leases or in perpetual leases.

558 1958. Land. No. 6284

(ii) of sub-section (3) of section fifty of this Act so far as the said sub-section relates to land mentioned in paragraph (e) of the said sub-section; or

(iii) of paragraph (e) of sub-section (1) of section fifty-five of this Act so far as the said paragraph relates to the value of the improvements to be made in the case of class four A land—

it may by writing under its seal modify the same accordingly and observance of the requirements as so modified shall be deemed to be observance of the requirements of the said paragraph (/) or the said sub-section (3) or the said paragraph (e) (as the case may be).

Licences or leases obtained in violation of this Part fraudulent and void. No. 3709 s. 71.

Power in certain cases of Governor in Council to annual licences and leases.

Evidence of revocation.

71. (1) If any person becomes the licensee or lessee or continues to hold a licence or lease of any Crown lands in violation of or non-compliance with any of the provisions of this Act or any corresponding previous enactment the same shall be a fraud under this Part, and such licence or lease shall be forfeited and void.

(2) If at any time it is shown to the satisfaction of the Governor in Council that any licensee of an agricultural or grazing allotment or any lessee of a selection purchase allotment has been guilty of fraud illegality under or a violation of this Part or any corresponding previous enactment or has committed a breach of or not fulfilled any of the conditions of his licence or lease the Governor in Council may revoke such licence or lease and resume possession of the land therein mentioned and dispose of it as if such licence or lease had never been issued.

(3) No claim at law or in equity under such licence or lease as the case may be shall be made entertained or enforced in any court against such revocation and resumption, but such licensee or lessee shall be taken to have forfeited all right title and interest under such licence or lease as the case may be and to be as against the Queen the Governor in Council and the Board or any person claiming under the Queen the Governor in Council or the Board as aforesaid a mere trespasser.

(4) The production of a copy of the Government Gazette containing a notice purporting to be signed by the Minister of the revocation or forfeiture of any licence or lease or that any such licence or lease has become forfeited and void shall be conclusive evidence that such licence or lease has been lawfully determined and annulled.

Forfeited lands 7 2 - I f e n t r v i s m a d e u P o n a n v agricultural or grazing or "/sold2 lcased selection purchase allotment for breach of or non-compliance NO

M3709 s. 72. with any of the provisions of this Part or of any condition of any

1958. Land. No. 6284 559

licence or condition or covenant of any lease thereof the Governor in Council may direct that such agricultural or grazing or selection purchase allotment or any portion thereof may be leased as a selection purchase allotment in the manner in this Division provided, or that the same shall be sold by public auction in the same manner and on the same conditions as it is directed that lands may be sold by auction under Division six of this Part.

Power to ante-date licence where selection is made by lessee of village community allotment.

No. 3709 s. 73.

73. (1) Any lessee or holder of a permit of a village community allotment or homestead section who has selected thereout an agricultural or grazing allotment or selection purchase allotment and who proves to the satisfaction of the Minister that he has occupied his area allotment or homestead section may if the Minister thinks fit have his licence or lease therefor dated from the first day of January or first day of July in the half-year in which he commenced to occupy such allotment or homestead section if he has since continued to occupy such allotment or homestead section; or in the event of his occupation of such allotment or homestead section not having been continuous may if the Minister thinks fit have his licence or lease so dated from the first day of January or the first day of July in any year as to cover in the aggregate the periods during which he so occupied such allotment or homestead section, and such licence or lease shall thereupon be deemed to have been issued on such date but no licence or lease shall be so dated as to cover a period of more than six years.

(2) Such licence or lease shall not be issued until such lessee or holder pays to the proper officer the amount of licence-fees or rent which would have been payable under the licence or lease if it had been issued on the date from which the licence or lease is so dated.

(3) In determining the amount of fees or rent so payable the licensee or leasee shall be entitled to receive credit for any rent paid by him under his lease or permit in respect of the land selected during the period from the date of the licence or lease to the date of its issue.

(4) The licensee or lessee shall be entitled to have all substantial and permanent improvements on his agricultural or grazing allotment or selection purchase allotment credited as if made under and pursuant to the conditions and covenants of the licence or lease thereof.

74. (1) Where, pursuant to the provisions of any Act or the By whom covenants or conditions of any lease or licence thereunder, it is occupation necessary for the lessee or licensee to occupy any leased or licensed £!"b°

r liccnce

land for any period or periods, then upon such lessee or licensee complied with, proving to the satisfaction of the Board that the home of the family NS: "91 si 24:

of such lessee or licensee is situate upon such land the Board may give its consent in writing that, for the purposes of such lease or

Credit for rent paid.

Credit for improvements.

560 1958. Land. No. 6284

Residence by widow or child of deceased licensee or lessee to be deemed occupation.

Licensee or lessee may on marriage be relieved from condition of occupation.

licence and for the period to be specified in such consent unless the Board in writing at any time before the expiration of such period cancels such consent, occupation by the wife or any specified child (over eighteen years of age) of the said lessee or licensee or if the said lessee or licensee has no wife or has no child over the said age by the father or mother of the said lessee or licensee if dependent upon him for support, shall be deemed and taken to be occupation by the said lessee or licensee. This section shall have no force or effect except as to determining the person by whom the condition of occupation under any lease or licence may be complied with.

(2) Residence on an agricultural or grazing allotment or selection purchase allotment of a deceased licensee or lessee by his widow or child over eighteen years of age shall be deemed occupation within the meaning of this Act.

(3) On the marriage of any feme-sole who is a licensee of an agricultural or grazing allotment or lessee of a selection purchase allotment the Governor in Council subject to such terms and conditions as to him seem fit may, if such licence or lease was issued at least one year prior to such marriage, discharge or relieve such licensee or lessee from the necessity of complying with the condition contained in the licence or lease requiring the licensee or lessee to occupy such allotment for any term specified in such licence or lease.

Power to assign certain leases and licences where trustee &c. in bankruptcy fails to do so.

No. 3709 s. 75.

Surrender of lease for perpetual lease. No. 3709 s. 76.

75. If within twelve months from the date of the bankruptcy of the licensee or perpetual lessee of any agricultural or grazing allotment or lessee of a selection purchase allotment or within such further period as in the case of drought or any other special circumstances the Minister allows the trustee assignee or receiver in such bankruptcy fails to re-assign the licence or perpetual lease or selection purchase lease of such bankrupt licensee or perpetual lessee or selection purchase lessee to some person who is qualified for becoming a licensee or perpetual lessee of such agricultural or grazing allotment or lessee of such selection purchase allotment (as the case may be), then notwithstanding anything contained in this Act or in any such licence or perpetual lease or selection purchase lease the Governor in Council may thereupon in his discretion and upon such terms and conditions as he thinks fit, if all the covenants and conditions of such licence or perpetual lease or selection purchase lease have been complied with, assign the same or permit the same to be assigned to some person who is qualified to hold the same and who proves to the satisfaction of the Minister that he ought to become the transferee or assignee of such licence or perpetual lease or selection purchase lease.

76. (1) Any lessee of an agricultural allotment under sections forty-two forty-four or forty-nine of the Land Act 1890 or the corresponding sections of any repealed enactment may apply in

1958. Land. No. 6284 561

writing to the Board for permission to surrender his lease of such allotment and to obtain a perpetual lease thereof.

(2) If the Board is satisfied that the applicant holds the Acceptance of allotment bona fide for his sole use and benefit, and also that surren er' there is no outstanding registered mortgage or lien on such lease the Governor in Council may if he thinks fit accept the surrender thereof and may if he thinks fit grant to the applicant a perpetual lease of the allotment or any part thereof.

(3) The rent payable by the perpetual lessee for the period Rental, from the issue of such perpetual lease until the twenty-ninth day of December One thousand nine hundred and fifty-nine shall be such amount as the Board has fixed or may fix and shall for every successive period of ten years be such amount per annum as shall from time to time be fixed by the Board: Provided that in the case of class four A land such rent shall be so fixed by the Board as if such land were not of a lower quality than fourth class land.

(4) The lessee shall on such surrender be entitled to have credit for all substantial and permanent improvements valued by the Board improvements-and to be credited with the same as if made under and pursuant to the conditions and covenants of the perpetual lease and any occupation of the land comprised in the surrendered lease shall be deemed and taken to be occupation under the perpetual lease.

(5) The amount of any arrears of rent shall without interest Provision for . , . . , , . , . i . i n , i i i , payment of be divided into equal instalments and shall be added to the rent arrears, payable under the perpetual lease during such time not exceeding twenty years as the lessee may agree upon with the Board and as the Governor in Council shall in such lease determine and shall be deemed and taken to be part of the rent thereof.

(6) The Governor in Council may in the perpetual lease make Adjustments, all necessary adjustments accordingly.

77. (1) Where any portion of an agricultural or grazing allotment (whether under licence or lease) or of a selection purchase allotment the possession of which has been resumed by or on behalf of Her Majesty is afterwards leased as a selection purchase allotment there shall to the extent provided in the next succeeding sub-section be paid by the lessee of such portion the amount of any sums whatever paid or payable to the outgoing licensee or lessee of such allotment by Her Majesty or the Governor in Council or the Board for improvements of a permanent character on the portion so licensed or leased and for such licensee's or lessee's interest in licence or lease of such portion.

(2) Such amount shall be determined by the Board immediately before the issue of a lease of such portion as a selection purchase allotment and shall not exceed the value of such improvements and the licensee's or lessee's interest at the time of such determination as so determined by the Board.

When demised land is resumed sums paid to lessee for improvements &c. chargeable to incoming lessee. No. 3709 s. 77; No. 4264 s. 2.

Determination of amount of improvements &c.

562 1958. Land. No. 6284

Mode of payment by incoming lessee either in cash or by deferred payments with Three per cent, interest.

(3) If such amount is not paid by the lessee within one month after such determination, then the same shall be payable in half-yearly instalments of such sums extending over a period not longer than the first six years of the term of the lease as the Board may fix; and shall bear interest at the rate of Three pounds per centum per annum to be computed with respect to each instalment for the period which has elapsed between the date of the lease and the end of the half-year in which payment of such instalment is made. Any default in the payment of any half-yearly instalment with interest of such amount shall have the like consequence as a default in the payment of any instalment of rent and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law.

When demised land is forfeited improvements chargeable to incoming lessee. No. 3709 s. 78.

Determination of value of improvements.

Mode of payment by incoming lessee with Three per cent, interest.

Default.

Amount payable to persons entitled thereto.

78. (1) Where the licensee or perpetual lessee of an agricultural or grazing allotment or lessee or perpetual lessee of a selection purchase allotment fails to comply with or commits a breach of any of the covenants or conditions of his licence or perpetual or selection purchase lease and his licence or perpetual or selection purchase lease has been or is in consequence thereof declared void and any portion of such allotment is afterwards granted as a selection purchase allotment, there may if the Board thinks fit be added to the rent of such portion the amount of the value of any improvements thereon of a permanent character.

(2) Such amount shall be determined by the Board immediately before the issue of a selection purchase lease or perpetual lease for such portion, and shall not exceed the value of such improvements at the time of such determination as so determined by the Board.

(3) Such amount shall be payable in half-yearly instalments of such sums extending over the whole or any part of the first six years of the term of the selection purchase or perpetual lease as the Board may fix; and shall bear interest at the rate of Three pounds per centum per annum to be computed with respect to each instalment for the period which has elapsed between the date of lease and the end of the half-year in which payment of such instalment is made.

(4) Any default in the payment of any half-yearly instalment of such amount shall have the like consequences as a default in the payment of any instalment of rent and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law.

(5) The whole or any part of any amount determined by the Board and paid by any selection purchase or perpetual lessee in pursuance of this section may if the Board thinks fit be paid to such person or persons as appear to the Board to be entitled thereto.

1958. Land. No. 6284 563

Option of licensee or lessee to obtain lease for part only of his holding &c.

No. 3709 s. 79.

Conditions of new lease.

79. (1) Any licensee or lessee of an agricultural allotment or grazing allotment or lessee of a selection purchase allotment who desires to abandon any part of his allotment may at any time during the currency of such licence or lease apply to surrender his licence or lease; and the Governor in Council may if he thinks fit accept such surrender and on payment of such fees as may be prescribed issue a selection purchase lease for so much of such allotment as the licensee or lessee desires to retain and the Board approves.

(2) Such new lease shall be issued on the same terms and conditions as the surrendered licence or lease; and the Governor in Council may if he thinks fit direct that the whole or any part of the licence-fees and rent paid under the surrendered licence or lease in respect of any land included in the new lease shall be deemed to have been paid on account of the new lease.

(3) All substantial and permanent improvements made to the satisfaction of the Board on such portion of the allotment as is included in the new lease and any occupation of the land comprised in the surrendered licence or lease shall be deemed and taken to be improvements or occupation under the new lease.

(4) No licensee or lessee shall be entitled to the benefit of this section unless he has paid all licence-fees and rent due under the surrendered licence or lease.

(5) Where in the opinion of the Board the licensee or lessee has received no substantial benefit by reason of his occupation of the part of any such licensed or leased land so desired to be abandoned the Governor in Council may if he thinks fit dispense with or remit the payment of any balance of licence-fees or rent due in respect of the part of the land so abandoned or may credit the whole or any part of the licence-fees or rent paid in respect of the land so abandoned to the rent payable under the new lease.

(6) The Governor in Council may in the new lease make all Adjustment, necessary adjustments accordingly.

80. (1) Where the licensee of an agricultural allotment or consent to grazing allotment or the lessee of a selection purchase allotment §£«,!!?« of

desires to surrender such licence or lease and obtain a new lease j ! a s e -for a part only of such allotment as in the last preceding section °'37 s '8a

provided, such surrender shall not be accepted unless made with the written approval of any person who holds an uncancelled registered lien on the improvements on any such allotment.

(2) Where such a lien is in force in respect of any such Effect ?f • surrender or

improvements and the surrender of the licence or lease is accepted licence or

such registered lien shall by the operation of this Part remain in lease°nlien* full force and effect as to such improvements as are on the portion included in the new lease and shall become transferred and apply to the lease issued in place of the surrendered licence or lease, and shall have the same effect and operation in all respects as if such new lease had been referred to in such lien.

Credit for improvements.

Fees.

Balance of rent in certain cases dispensed with.

564 1958. Land. No. 6284

Indorsement on new lease.

Surrender of lease not to be accepted without approval of lienee or mortgagee.

(3) A memorandum of such transfer shall be indorsed by the Secretary for Lands on the new lease and shall also be recorded in the register of liens in the Crown Lands Office.

(4) Where the lessee of an agricultural allotment or grazing allotment or lessee of a selection purchase allotment desires to surrender such lease and obtain a new lease for a part only of such allotment as in the last preceding section provided such lessee having previously executed a lien or mortgage thereof such surrender shall not be accepted by the Governor in Council unless made with the written approval of the registered lienee or mortgagee of such allotment, and on the granting of a lease under this Division such lien or mortgage shall be deemed and taken to apply to the land included in the new lease as if such new lease had been referred to in such lien or mortgage, and a memorial of such lien or mortgage shall be indorsed by the Registrar of Titles as an encumbrance on such lease.

Issue of lease with special conditions protecting mining. No. 3709 s. 81; No. 5981 s. 14.

Extent of conditions.

Penalty for not posting up distinguishing mark.

81. (1) In the case of any application for a licence lease or Crown grant of any land granted pursuant to the provisions of this Act it shall be deemed to have been and it shall be lawful for the Governor in Council, nothwithstanding anything in any Act contained, upon the applicant consenting to the condition hereinafter mentioned, to issue such a licence lease or Crown grant containing inter alia a condition that neither the applicant nor any one claiming through or under him shall be entitled to any compensation in respect of damage to be done to such land or any improvements thereon by mining therein or thereon within the meaning of the Mines Act 1958 or by the cutting or removing of any live or dead timber thereon or therefrom for mining purposes within the meaning of the said Act, or for any purpose authorized by the said Act.

(2) Where a licence or lease is issued containing such condition or where a licence or lease under any Act has been issued containing such a condition any lease or Crown grant issued in pursuance of such licence or lease shall be subject to and include the same condition.

(3) The licensee lessee or owner shall place upon the outside of the corner posts of the fence (if any) enclosing such land such distinguishing mark as the Governor in Council may direct, and every such licensee lessee or owner shall be liable for any contravention of this sub-section upon the information of any person to a penalty of not more than Twenty pounds.

82. (1) Any licensee of an agricultural or grazing allotment or lessee of a selection purchase allotment who formerly held a licence under section one hundred and three of the Land Act 1901 or the corresponding section of any repealed enactment shall be

NO. 3709 s. si entitled to receive credit for any licence-fees paid by him under such licence in respect of the land selected.

Licensees who formerly held certain licences to receive credit for licence-fees.

1958. Land. No. 6284 565

(2) Such licensee or lessee shall be entitled to have all credit for substantial and permanent improvements on his selected area tmprovemerts-credited as if made under and pursuant to his licence or lease.

(3) Any reference to a licensee in this section includes the Meaning of, executors or administrators of any such licensee and also any cenaee

person to whom the licensee has with the consent of the Board or the Minister transferred his licence.

8 3 . ( 1 ) Where in any lease or licence of any agricultural Effect of allotment or grazing allotment or in any lease of a selection prtion^ofto

purchase allotment whether issued or granted by the Governor i n for railways Council before or after the commencement of this Act there is £* tersupply

included a condition or covenant in the form or to the effect of No. 3709 s. 83. the Thi rd Schedule to this Act such condition or covenant shall Third have the like force and effect as if the same had been included in Schedule-such lease or licence pursuant to the express requirements of the Act under which such lease or licence was issued or granted.

( 2 ) Where any licensee or lessee of land has with regard to Effect of such land and either before or after the commencement of this SmereTinto. Act entered into an agreement with the Governor in Council or the Board or signed any agreement in the form or to the effect of the Third Schedule to this Act such agreement shall have the schedule, like force and effect as if the same had been entered into made or signed pursuant to the express provisions of an Act of Parl iament.

8 4 . ( 1 ) N o will or codicil or the granting of any probate or Effect of letters of administration shall be deemed to be an assignment or Pe'SerVor" transfer within the meaning of this Division. ^ministration

No. 3709 s. 84. (2) No person being a lessee or licensee under this Division

on or to whom a licence of an agricultural or grazing allotment or lease of a selection purchase allotment devolves or is transferred under the provisions of any will or codicil or on the granting of any probate or letters of administration shall be deemed thereby to be acting in contravention of this Part or of the covenants or conditions of his licence or selection purchase lease.

(3) If any assignment or transfer of any lease or license under Re-transfer . i . » . j - • A. * i_ . . i bytrustee&c. this Act or any corresponding previous enactment has taken in or takes place by operation of law on the bankruptcy or by operation of a testamentary instrument or the death of any lessee or licensee, and if the trustee assignee or receiver in bankruptcy within twelve months from the date of the bankruptcy or if the executors or administrators of such lessee or licensee at any time re-assign such lease or licence to any person qualified for becoming a lessee or licensee under this Ac t such assignment or transfer or such re-assignment shall not be deemed an assignment o r transfer within the meaning of this Act .

bankruptcy within twelve months or by executor &c. at any time not illegal.

566 1958. Land. No. 6284

Position of transferee.

Saving.

(4) On any such re-assignment as aforesaid to any person so qualified for becoming a lessee or licensee under this Part such person shall be with respect to such lease or licence in the same position as though he had been the original lessee or licensee.

(5) Except as in this section provided no assignment or underlease or transfer of any licence or lease granted under the provisions aforesaid or of the right title or interest of the licensee or lessee therein or of the land therein described whether by operation of law now or hereafter to be in force or of any testamentary instrument or by any act of the licensee shall take effect or have any force or validity either at law or in equity.

Alienation of auriferous lands. Second Schedule. No. 3709 s. 85.

DIVISION 5.—AURIFEROUS LANDS.

85. Except as in this Division otherwise expressly provided lands forming part of the lands described in the Second Schedule to this Act as auriferous lands shall not be alienated in fee simple and every conveyance and alienation thereof shall be absolutely void as well against Her Majesty as all other persons whomsoever.

Licence to reside on or cultivate auriferous land. No. 3709 s. 86; No. 4181 s. 4, No. 4873 s. 4. Second Schedule.

One allotment.

Nominal rental when value of land paid in rent.

Transferee of licence of certain area entitled to benefits of original holder.

86. (1) The Governor in Council or any person duly authorized by him in that behalf may from time to time grant licences for any period not exceeding one year which may be renewable annually and shall entitle the holders thereof respectively to reside on and cultivate or to reside on or to cultivate any lands comprised within the areas referred to in the Second Schedule to this Act as auriferous lands not comprised within any city or town and not exceeding in extent twenty acres, subject to the payment of such licence-fee and upon such terms and conditions as are approved by the Governor in Council and set forth in such licence. In this sub-section " town " means the municipal district of a town constituted or declared a town under the Local Government Act 1958 or any corresponding previous enactment.

(2) Not more than one such licence shall be granted to or held by any one and the same person.

(3) Where any person has held an area under this section or any corresponding previous enactment, after he has paid in fees what he deems the value of the land he may apply to have the value of the land appraised by the Board, and if it is found that such value has been paid as aforesaid he shall in future pay a rent not exceeding Two shillings and sixpence per annum and receive the annual licence free of charge.

(4) Any person to whom the licence of any area held under this section or the corresponding section of any repealed Act in respect of which any fees have been paid by any licensee or licensees is transferred by or with the consent of the Governor in Council or of any person duly authorized by the Governor in Council in that behalf shall be entitled to the benefits of the last

1958. Land. No. 6284 567

lands. No. 3709 s. 87.

preceding sub-section in the same manner and to the same extent as if the whole of such rents had been paid by the transferee of such area.

87. (1) If the Minister of Mines gives his consent in writing selection of the Board may at the request of any licensee under the last auriferous proceeding section where the land is improved to the value of One pound per acre and the occupation is in the opinion of the Board bona fide accept the surrender of the licence and the Governor in Council may issue in lieu thereof a selection purchase lease.

(2) The conditions of section seventy-three relating to dating of a licence of an allotment selected pursuant to the said section may be applied as regards the period during which the land was held by the licensee under the last preceding section and residence on or within five miles of such allotment shall be regarded as residence for the purpose of ante-dating his selection purchase lease.

(3) Notwithstanding anything in any Act when any person issue of crown in respect of a licence under the last preceding section or any certain0

corresponding previous enactment of any auriferous land— auriterol?' lands.

(a) is entitled to the issue of a licence of an agricultural or grazing allotment under any repealed Act or Acts or to the issue of a selection purchase lease pursuant to the said Acts or to this section;

(b) has fully complied with all the terms and conditions entitling him to the said licence or selection purchase lease;

(c) has proved such compliance to the satisfaction of the Board and the same has been certified under its seal;

(d) has duly paid to the Crown the purchase money to be fixed by the Board in accordance with the classification of the land as the purchase money thereof; and

(e) has paid the prescribed fees— the Governor in Council may whether or not a licence or selection purchase lease has actually been issued to such person issue a Crown grant of such land to him.

(4) Any amount paid in annual licence-fees or rent by such crediting of person as occupier of the land under the licence or selection or rent paid, purchase lease shall be deducted from the total amount of such purchase money.

(5) For the purposes of this section " licensee " or " person " miniswat'ora includes the executors or administrators of the licensee or person, included.

568 1958. Land. No. 6284

Worked-out auriferous lands may be proclaimed and leased for occupation. No. 3709 s. 88.

88o (1) Whenever it appears to the Governor in Council that it will no longer be profitable to mine for gold within fifty feet of the surface of any unalienated lands of the Crown being auriferous lands within the meaning of this Division, he may after proper inquiry and recommendation by the warden by Order in Council published in the Government Gazette declare any such lands to be " worked-out auriferous lands ".

Licence. (2 ) The Governor in Council may if he thinks fit issue a licence to occupy an allotment of the lands so proclaimed.

Area- (3 ) No person shall hold more than five acres of such lands under licence.

Conditions of licence.

Resumption &c.

Purchase money.

Crown grant.

(4) Every such licence shall entitle the holder thereof to occupy such allotment for a period not exceeding seven years to a depth of fifty feet from the surface thereof at a rent of not less than One shilling per acre per annum for the purpose of erecting a residence or place of business or for the purpose of forming and working an orchard vineyard or garden or any other like purpose.

(5) Every such licence shall contain such conditions and covenants as the Governor in Council may think fit to insert therein with respect to resumption for any public purpose, amount of and time of payment of fee, residence or non-residence, making of improvements thereon, and with respect to any other matters whatsoever.

(6) Every such licence shall contain a covenant that if the licensee has complied with the conditions and covenants of such licence for a period of seven years and upon proof thereof to the satisfaction of the Board (to be certified under its seal) by such evidence as the Board may require, he shall be entitled at any time within twelve months after seven years from the commencement of the licence to demand and obtain from the Governor in Council a Crown grant of such allotment upon payment of the purchase money to be fixed by the Board being not less than One pound for each acre or fractional part of an acre as the purchase money of such allotment. The amount paid in annual licence-fees by the licensee as occupier of such allotment under such licence shall be deducted from the total amount of such purchase money.

(7) When any person has duly occupied any such allotment for a period of seven years as aforesaid and has complied with the conditions and covenants of such licence and has proved such compliance to the satisfaction of the Board and the same has been certified under its seal and when the purchase money of such allotment has been duly paid to the Crown, it shall be lawful for the Governor in Council notwithstanding anything in this Part contained to issue a Crown grant of such allotment.

1958. Land. No. 6284 569

(8) Any reference to a licensee in this section or the SKSratori corresponding section of any repealed enactment shall be deemed of licensee, and taken to include the excutors of the will or the administrators of the estate of a deceased licensee.

DIVISION 6. LANDS WHICH MAY BE SOLD BY AUCTION.

89. (1) The lands comprised within the areas referred to in the Second Schedule to this Act as lands which may be sold by auction may be sold, subject to such covenants conditions exceptions and reservations as the Governor in Council directs, in fee simple by public auction not exceeding one hundred thousand acres in any one year at an upset price of One pound for each acre or at such higher upset price as the Minister directs, and before any country lands are sold a schedule of such lands shall be laid before both Houses of Parliament.

(2) Where any forfeited agricultural or grazing allotment or selection purchase allotment is offered for sale by public auction the Minister may fix the upset price thereof according to the classification of any such allotment.

90. (1) Any person authorized by the Board may hold public sales by auction of lands in fee simple without having an auctioneer's licence or incurring on that acount any penalty; and notice of every such sale shall be given in the Government Gazette within three months and before one month thereof.

(2) Every such notice shall declare with all practicable precision the time and place at which such auction will be held and the lands to be offered for sale thereat and the lots in which the same will be offered and the upset price for each lot and the amount of the deposit required; and no upset price shall be altered without as full notice of such alteration by advertisement and otherwise being given as was or should have been given of the original upset price.

91. (1) It shall be a condition of sale at every such auction that the purchaser pays the survey charge at the time of the sale and a deposit of at least Twelve pounds ten shillings per centum of the whole price, and that the residue of the price be payable in forty equal instalments on the last day of each successive period of six months from the time of sale or if the purchaser chooses payable at any earlier time or times and that such residue of the price shall bear interest at the rate of Four pounds per centum per annum or such higher rate as the Governor in Council determines to be computed with respect to each instalment for the period which has elapsed between the time of sale and the time when the payment of such instalment is made; and on failure of the payment of any instalment with interest at the time at which the same becomes due the deposit and any instalment or instalments and interest already paid may on the written direction of the Minister be forfeited and the contract shall become ipso facto void upon the forfeiture of any instalment or instalments and interest.

Upset price of lands sold at auction. No. 3709 s. 89. Second Schedule.

Upset of forfeited selections.

Sales by auction and notice thereof. No. 3709 s. 90.

Conditions of sale by auction. No. 3709 s. 91; No 4873 s. 5.

570 1958. Land. N o . 6284

Terms may be limited.

No interest chargeable if residue of price promptly paid.

(2) Where for any reason it is in the opinion of the Board undesirable or inexpedient that the residue of the price of any land sold by auction be paid by instalments extending over twenty years the Minister may before the sale direct that such residue be payable in any number of half-yearly instalments less than forty.

(3) It shall be a further condition of sale at every such auction that if the purchaser pays the residue of the price within thirty days after the time of the sale no interest shall be payable thereon.

iYnd?unsoidof 9 2 . When any township lands have been put up to auction mayUbe i o n a n d remain unsold thereat, the Minister may subject to notice as reduced. aforesaid direct that such lands continue to be put up to auction NO. 3709 s. 92. a t a n y r e t } u c e c j p r j c e n o t i e s s t n a n one pound per acre. Townships to be sold by auction. No. 3709 s. 93.

Power to sell township land to State Savings Bank Commissioners or municipalities for housing schemes.

Land so granted not to be sold &c. or used except for purpose for which granted.

9 3 . ( 1 ) Any portion of Crown lands proclaimed as a township by the Governor in Council or the lands within any city town or borough (save in the case of a borough any lands in regard to which the Governor in Council otherwise directs) shall be sold by auction in the manner herein provided for the sale of Crown lands by public auction.

(2) Notwithstanding anything in the foregoing provisions of this section any portion of Crown land proclaimed as a township or any land within any city town or borough may (without submitting the same for sale by auction) upon the payment of a price to be determined by three appraisers appointed by the Board and upon such terms and under and subject to such covenants conditions restrictions exceptions and reservations as the Governor in Council thinks fit, be granted—

(a) to the Commissioners of the State Savings Bank of Victoria for the purpose of the erection on such land of dwelling-houses and selling the same together with the land on which they are erected to eligible persons pursuant to the provisions of Division four of Part III. of the State Savings Bank Act 1958; or

(b) to any municipality for the purpose of the erection on such land by the council of such municipality of dwelling-houses and selling or letting the same together with the land on which they are erected to eligible persons pursuant to the provisions of Part XXVIII. of the Local Government Act 1958.

(3) When any land has been granted pursuant to sub-section (2) the Crown grant shall contain a condition to the effect that such land shall not without the consent of the Governor in Council be used by the said Commissioners or the said municipality (as the case may be) for any purpose whatsoever other than for the purpose for which such grant has been made; and every conveyance

1958. Land. No . 6284 571

or alienation thereof by the said Commissioners or by or on behalf of the said municipality (as the case may be) without the consent of the Governor in Council except for the purpose for which such grant has been made shall notwithstanding anything in any Act or law be absolutely void as well against Her Majesty as all other persons whomsoever.

( 4 ) If within five years after the date upon which the Governor Resumption in Council authorizes the sale of the said land to the said not used

Commissioners or the said municipality (as the case may be) the said land is not used for the purpose for which the same was granted the said land may be resumed by the Governor in Council on behalf of Her Majesty on repayment to the said Commissioners or the said municipality (as the case may be) of any principal moneys paid for or with respect to the purchase thereof and such moneys may be repaid out of the Consolidated Revenue (which is hereby to the necessary extent appropriated accordingly).

within five years.

94 . Where any portion of Crown lands not exceeding one hundred and fifty acres and not contiguous or adjacent to any other Crown lands is so situated as to make it desirable in the opinion of the Governor in Council that the same or any part thereof should be sold in one or more lots or where any portion of Crown lands not exceeding three acres is required for a site for a church or for any charitable purpose for which land cannot legally be reserved the Governor in Council may direct the sale of such portion of Crown lands or part thereof and for such purpose may increase the area of land referred to in the Second Schedule to this Act as lands which may be sold by auction by adding such portion or part thereof thereto.

Power to sell detached porions of Crown lands and sites for churches &c. No. 3709 s. 94; No. 4095 s. 4, No. 4873 s. 6.

Second Schedule.

95. (1) From the time of sale by auction of any land the Purchaser to purchaser thereof shall for the purposes of any Acts relating to own"™nder local government or public health or dividing fences or sewerage ^ i j * ' or water supply or vermin or noxious weeds be deemed and taken to be the owner thereof.

(2) Nothing in this section shall be taken to impose any f?™*nnot

liability on the Crown or the Board in regard to any land sold by auction in the event of the contract for sale thereof becoming void by reason of non-payment of any instalment.

96. Every agreement whether in writing or otherwise whereby Agreements any person promises or agrees either directly or indirectly to give fa

rfrvent'ng

or allow any sum of money reward benefit or thing to any other at auctions to

person in consideration of such other person not bidding at any auction under this Division or of his not competing at any such auction or in consideration of his bidding to a limited amount only or of his withdrawing from competition at any such auction or in consideration of his doing any other act or thing which in any way might tend to prevent free and open competition at any such auction shall be wholly illegal and void.

be void. No. 3709 s. 96.

572 1958. Land. No. 6284

Agreement to pay more than a limited commission. No. 3709 s. 97.

97. Any agreement by any person to pay more than Two pounds ten shillings per centum of the purchase money where the price exceeds Fifty pounds or more than Ten pounds per centum of the purchase money where the price does not exceed Fifty pounds to any other person for bidding or acting for such first-mentioned person at any such auction sale shall be wholly illegal and void.

Any money or reward received under any illegal agreement to be forfeited, and recoverable by any one suing for the same No. 3709 s. 98; No. 5914 s. 2.

98. Every person who directly or indirectly takes or receives any sum of money bill note reward premium or thing whatsoever in pursuance of any agreement hereinbefore declared illegal and void or in consideration or payment of any negotiation arrangement or act on his part which would be illegal and void if agreed to be done shall forfeit such sum of money bill note reward premium or thing or an amount equal to the full value of the consideration paid which shall be recoverable by any person who sues for the same.

Penalty for making Illegal agreements. No. 3709 s. 99; No. 5914 s. 2.

99. Every person who offers or proposes to any intending purchaser or lessee not being the principal for whom he is lawfully acting at any auction under this Division to bid in any particular manner or not to bid or not to bid except in some particular manner or to bid to a certain limited extent only or to bid for certain lands or leases only in consideration of such intending purchaser or lessee bidding or not bidding for any land or lease to be offered for sale at such auction, or offers or proposes to enter into any agreement which would be illegal and void under this Division, shall forfeit the full value of the lands or of the lease which formed the subject of such offer proposal or illegal and void agreement or a sum of One hundred pounds whichever shall be higher in amount, and the amount so forfeited may be sued for and recovered by any person who sues for the same.

Parties compellable to give evidence but not to be prosecuted in certain cases. No. 3709 s. 100.

100. (1 ) In any action or proceeding under this Division all parties to any agreement and all persons making or receiving any offer or proposal as hereinbefore described shall be obliged and compellable to give evidence upon all matters touching or relating to such agreement offer or proposal.

conspiracy. (2 ) No indictment presentment information or prosecution shall be preferred or maintained against any person for conspiracy in connexion with or in consequence of any such agreement offer or proposal if such person being summoned as a witness answers all questions that may be asked of him in relation to such agreement offer or proposal, nor shall any such person be convicted by any evidence whatever of conspiracy in respect of any aot done by him in contravention of this Division if he at any time previous to any information being laid against him for such offence

1958. Land. No. 6284 573

has fully disclosed such act on oath under the compulsory process of any court in any action or proceeding instituted under this Division.

DIVISION 7.—SWAMP OR RECLAIMED LANDS.

101. A plan shall be kept from actual survey of the areas swamplands, known as the Condah Koo-wee-rup Moe Panyyabyr and Mokoan ioT.3709s' swamps, referred to in the Second Schedule to this Act as swamp second

i • j i j Schedule.

or reclaimed lands. 102. The Governor in Council may if he thinks fit cause any cSmdimay

of the swamp lands to be drained and reclaimed by prison or ,caan t

s<w£mp

other labour, and the Board may for that purpose make construct drained. e

erect and maintain all the proper works engines buildings reservoirs N°-3709 s-tanks conduits valves sluices pumps canals ditches drains cuts channels water-courses sewers embankments dams and all necessary drainase works.

102.

•*ev-

103. For the purpose of draining any of the said swamps it Power to shall be lawful for the Board its successors deputies agents and ?andsandn

workmen and all other persons by them authorized without drains &c.

making any previous payment or having the previous consent of NO. 3709 s. the owner or occupier—

(a) to enter into and upon the lands and grounds of any person whomsoever and to survey and take levels of the same and to ascertain and stake or set out take possession of and appropriate for the purposes herein mentioned such parts thereof as may be necessary and proper for the making and construction of canals ditches drains cuts channels water-courses sewers embankments dams and all necessary drainage works;

(b) in or upon such lands to bore dig cut trench embank and so remove or lay take carry away and use any earth stone timber gravel or sand or any other materials or things which may be dug raised or obtained therein in the making and construction of such canals ditches drains cuts channels water-courses sewers embankments dams and drainage works authorized, or which may hinder prevent or obstruct the making maintaining altering repairing or using the same respectively;

(c) to make or construct in upon across under or over any lands streets hills valleys roads brooks streams or other waters within such lands such temporary or permanent inclined planes tunnels embankments aqueducts bridges roads ways passages conduits drains piers arches cuttings and fences as the Board thinks proper; and also to alter the course of any streams or water-courses for the purpose of

VOL. IV. 19

574 1958. Land. No. 6284

Board to make full satisfaction.

Powers of Board for purposes of drainage. No. 3709 s. 104.

constructing and maintaining tunnels bridges passages or other works over or under the same, and for any other necessary purpose; and

(d) to divert or alter as well temporarily as permanently the course of any such streams streets roads or ways, or to raise or sink the level of any such streams streets roads or ways in order the more conveniently to carry the same over or under or by the side of any such canal ditch drain cut channel water-course sewer embankment or dam, and also with the consent of the council of any city town borough or shire to close any road in such city town borough or shire which is impassable or useless:

Provided always that in the exercise of the powers by this Division granted, the Board and such other persons shall do as little damage as may be, and that if required full satisfaction shall be made in manner provided by the Lands Compensation Act 1958 to all persons interested in any lands or hereditaments taken used injured or prejudicially affected for all damages by them sustained by reason of the exercise of such powers.

104. The Board may for the purpose of draining any of the said swamps or of keeping any drainage works in good order and repair—

(a) enter into and upon any land whatsoever within one hundred and fifty yards of any canal ditch drain cut channel water-course sewer embankment or dam whether constructed or in course of construction for the purpose of depositing spoil thereon, or for the purpose of altering or repairing any canal ditch drain cut channel water-course sewer embankment dam or drainage works, or for the purpose of carrying away therefrom materials for constructing altering or repairing any canal ditch drain cut channel water-course sewer embankment dam or drainage works, or for any purpose connected with the carrying out of the provisions of this Division;

(b) cleanse repair or otherwise maintain in a due state of efficiency all canals ditches drains cuts channels water-courses sewers embankments dams and drainage works subject to its control;

(c) extend lengthen widen strengthen deepen alter divert or scour any canal ditch drain cut channel water-course sewer embankment dam and drainage work; and

(d) do all such things and execute all such works as may be necessary or convenient for the purposes of this Division.

1958. Land. N o . 6284 575

105. Every person who wilfully dams up or in any way Penalty for whatsoever injures or obstructs any such canal ditch drain cut obstructing channel water-course sewer embankment dam or drainage work, ^3709 and every person who wilfully hinders or prevents the Board or its i°s". successors deputies agents and workmen from carrying out or performing any work undertaken under the provisions of this Division, shall be liable to a penalty of not more than Twenty pounds.

106. Subject to this Division when any swamp or reclaimed Fixing value lands referred to in section one hundred and one or in the Fourth reclaimed Schedule to this Act or any lands which are by proclamation ^ T O S . published in the Government Gazette declared by the Governor i<>6. in Council to be swamp 01 reclaimed lands have been drained or scheme, reclaimed or when any swamp land owing to its situation or limited extent cannot be profitably drained as a public work the Minister may direct a Land Classification Board to ascertain and provisionally determine the value of every allotment thereof.

107. ( 1 ) Such value of each allotment shall be marked by m ^ ee ^ e

such Board on a plan showing the subdivision of such lands into plan, allotments. $7.3709s-

( 2 ) Such plan shall be submitted for the consideration of the "Dm£tebd\o

Board of Land and Works which shall have power to increase to B°ar<f,of.Land

, . , . , ~ , . . . , r , . and Works. such extent as it minks fit or dimmish to an extent not exceeding ten pounds per centum, the value as provisionally determined by the Land Classification Board, or to approve of such value without alteration.

108. ( 1 ) The value of each allotment as so fixed by the Board ^ " ^ of Land and Works shall be deemed to be the value thereof for the approve or purpose of fixing the rent of such allotment or the upset price ^T'3109s-thereof. ">8-

( 2 ) Unless otherwise ordered by the Governor in Council no J j» u ° ' allotment shall exceed in extent one hundred and sixty acres.

109. When the value of any allotment has been fixed such dL0pd0esl?nfg of

allotment m a y — SEK&SJ&. (a) be leased pursuant to the next succeeding section; NO. 3709 S. (b) be leased under perpetual lease; (c) be leased under conditional purchase; or (d) be disposed of as provided by Division six—

with such covenants conditions exceptions and reservations as the Governor in Council may direct.

110 . ( 1 ) The Governor in Council may if he thinks fit grant Governor in t \ r. i n r t- 1 Council may

a l e a s e w of any such allotment for a term of not more than jease swamp J lands with twenty-one years. drainage

conditions. ( 2 ) Particulars of every such lease shall be laid before bom NO.37<»S.

Houses of Parl iament within one month of the execution thereof NO.'4654S.3 (3).


576 1958. Land. No. 6284

Power to renew &c. to executors Public Trustee Ac. certain leases granted to persons deceased or insane since grants.

Execution and effect of the renewed or new lease.

if Parliament is then sitting, and if Parliament is not then sitting then within one month after the next meeting of Parliament.

(3) If (whether before or after the commencement of this Act) during the currency of any lease granted pursuant to this section or any corresponding previous enactment the lessee dies or becomes a lunatic or lunatic patient within the meaning of the Mental Hygiene Act 1958 the Governor in Council may grant a renewal of such lease or a new lease of the land demised thereby to the executor or administrator of such lessee or (as the case may be) to the committee of his estate or the Public Trustee.

(4) Such renewal or new lease may be granted in the name of such lessee and be executed by his executor or adminstrator or (as the case may be) by the committee of his estate or the Public Trustee and shall devolve or pass in like manner as if the lease had been renewed or the new lease had been executed prior to the death of such lessee or (as the case may be) prior to such lessee becoming a lunatic or lunatic patient and the estate of such lessee shall be answerable for the due performance of the covenants and conditions contained or implied in the renewed or new lease as fully and effectually as if such lessee had executed the same personally and (in the case of a lessee who is a lunatic or lunatic patient) was of sound mind at the date of the execution of the same.

Conditional {•urchase eases.

No. 3709 8. 111. Deposit with application.

111. (1) The Governor in Council may if he thinks fit grant leases to be known as conditional purchase leases of any such allotments.

(2) Every applicant for a conditional purchase lease of an allotment or allotments shall lodge with his application an amount equal to the first instalment of the purchase money of the allotment of the highest value of those applied for.

Conditions. No. 3709 s. 112.

112. Every conditional purchase lease of an allotment shall so far as is consistent with this Division contain the like conditions and covenants as perpetual leases under subdivision three of Division four.

Condition in leases. No. 3709 s. 113.

Non-alienation within six years.

Non-agistment of stock.

113. Every conditional purchase lease of an allotment shall inter alia contain the following conditions to have effect during the currency of the first six years of such lease:—

(a) A condition that the lessee shall not transfer assign mortgage or sublet or part with the possession of the whole or any part of the allotment within the first six years of such lease;

(b) A condition that the lessee shall not for a period of six years from the commencement of the lease take in stock for agistment on the land demised or permit

1958. Land. No. 6284 577

any of such land to be cropped or used by any person other than the lessee without the previous written consent of the Board;

(c) A condition that within the said period of six years J>fe=,

0 .ation

the lessee whenever so required by the Minister will assignment furnish him with a statutory declaration to the effect purchase that he has not directly or indirectly transferred ,ease' assigned mortgaged or parted with the possession of the whole or any part of the land demised; and

(d) Such other conditions and covenants relating to other v / . . . . . . . . . . ° . conditions.

mining and cultivation and vermin destruction and other matters whatever not inconsistent with the provisions of this Division as are prescribed by regulation.

114. (1) Every conditional purchase lease shall be for such a conditional term of years as may be agreed upon by the lessee and the Board, leases. and shall provide for payment of the value of the allotment with NO.3709S. interest thereon at the rate of Four pounds ten shillings per centum per annum by sixty-three half-yearly instalments or such lesser number as may be agreed upon each being of equal amount except the last which may be less than any of the preceding instalments.

(2) Every such half-yearly instalment shall consist partly of principal money and partly of interest and the first of such half-yearly instalments shall be deemed to be due at the expiration of the first half-year of such lease.

(3) The Minister shall cause to be prepared or procured tables showing how much of each and every instalment is a payment on account of principal and how much thereof is for interest, and showing what balance of principal is owing after each half-yearly payment.

(4) A table prepared in accordance with the last preceding sub-section on the basis of there being sixty-three half-yearly instalments is set out in the Fifth Schedule. schedule.

(5) At any time after the expiration of the first six years of tp

r°S°aftei any such lease provided that the Board is satisfied that all the six years &c. covenants and conditions thereof have been complied with the lessee may with the written consent of the Board transfer assign mortgage sublet or part with the possession of the whole or any part of the land demised.

(6) At any time after the expiration of the first six years of issue of grant any such lease provided that the Board is satisfied that all the covenants and conditions thereof have been complied with and the fencing and improvements maintained and that the full purchase money for such land and for any improvements thereon has been paid, a Crown grant for the land may be issued.

578 1958. Land. No. 6284

Payment upon issue of grant.

Liability of lessees on non-payment of instalments.

(7) The amount to be paid by any lessee of an allotment who is not in arrear with his half-yearly instalments and who at the end of any half-year desires to acquire the fee-simple thereof after the expiration of six years but before the termination of the lease shall be an amount equal to the balance of the principal.

(8) Every lease shall be liable to forfeiture if at any time more than one half-yearly instalment is in arrear, but forfeiture for non-payment of any instalment may with the consent of the Minister be prevented by payment thereof together with an additional sum of Five pounds per centum of the amount of such instalment, but no forfeiture shall operate to extinguish any debt to the Crown in respect of such instalment.

Special conditions in leases and contracts. No. 3709 s. 115.

Improvements.

To keep open canals drains Ac.

Residence.

Lake Buloke leases of swamp or reclaimed lands.

Power to cancel or modify condition for improvements.

115. (1) Every lease under section one hundred and ten of this Act and every perpetual lease and every conditional purchase lease and every contract of sale of any allotment of swamp or reclaimed land shall inter alia contain—

(a) a condition that the lessee or purchaser of such land for the time being shall make substantial and permanent improvements on the land to the extent of Ten shillings per acre in each of the first three years from the commencement of the lease or from the date of the sale, of such land (as the case may be); and

(b) a condition on the part of the lessee or purchaser of such land for the time being to keep open all canals ditches drains cuts channels water-courses sewers and works on the land to the satisfaction of the Board and to keep open and free from obstruction and to the satisfaction of the Board portions of any drains adjacent to the land demised and upon any road or reservation abutting upon or bounding the same or any part thereof and within a distance of not more than one hundred and thirty-two feet from such part;

but need not contain— (c) any condition requiring any such lessee to reside on

such allotment. (2) The condition mentioned in paragraph (a) of sub-section

(1) of this section shall not apply to the leases of the land known as Lake Buloke allotments if in the opinion of a Land Classification Board and the Board of Land and Works such expenditure cannot profitably be incurred, and if any such condition is included in any such leases it may at any time be cancelled by the Board if it thinks fit.

(3) So far as regards any lease or perpetual lease or conditional purchase lease or contract of sale of any swamp or reclaimed land, where the Minister is of opinion that expenditure

1958. Land. No. 6284 579

for substantial and permanent improvements to the extent mentioned in the condition set out in paragraph (a) of sub-section (1) of this section would not be advantageous or profitable the said condition may be omitted modified or cancelled as the Governor in Council thinks fit.

116. (1) Any perpetual lessee of swamp or reclaimed lands may in writing apply at any time for permission to surrender his lease to Her Majesty.

(2) If the Board is satisfied that the applicant holds the allotment bona fide for his sole use and benefit and that such surrender is approved in writing by any mortgagee of such lease the Governor in Council may if he thinks fit accept such surrender and on payment of such fee as may be prescribed by the regulations issue to such applicant a conditional purchase lease as provided in this Division and every such conditional purchase lease shall bear the date of the surrendered lease or such subsequent date as the Governor in Council may direct.

(3) The applicant shall on the issue of the conditional purchase lease to him be entitled to have all substantial and permanent improvements on such allotment valued by the Board and to be credited with such improvements as if made under and pursuant to the conditions and covenants of the conditional purchase lease.

(4) The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of a surrendered perpetual lease shall be credited as part of the instalments payable under the conditional purchase lease.

(5) The Governor in Council may in the conditional purchase lease make all necessary adjustments accordingly.

117. The Governor in Council may increase the area of land referred to in the Second Schedule to this Act as land which may be sold by auction by adding thereto any portion of the Crown lands described in the said Schedule as swamp or reclaimed lands.

118. (1) Every Crown grant issued for any allotment of swamp or reclaimed land shall inter alia contain a condition that the owner of such land for the time being shall keep open all canals ditches drains cuts channels water-courses sewers and other such drainage works thereon to the satisfaction of the Board, and shall keep open and free from obstruction and to the satisfaction of the Board portions of any drains adjacent to the said allotment and upon any road or reservation abutting upon or bounding the same or any part thereof and within a distance of not more than one hundred and thirty-two feet from such part.

(2) Where a Crown grant issued on or after the twenty-first day of December One thousand nine hundred and twenty-one for any allotment of swamp or reclaimed land contains a condition to the effect provided in sub-section (1) every owner of such land for the time being who does not comply with such condition shall, in

Power to perpetual lessee of swamp or reclaimed lands to surrender lease and obtain a conditional purchase lease.

No. 3709 s. 116.

Power to sell swamp lands at auction. No. 3709 s. 117. Second Schedule.

Condition in Crown grant to keep open drains. No. 3709 s. 118.

Penalty for breach of condition as to drains, &c. in Crown grant of swamp or reclaimed land.

580: 1958. Land. No. 6284

addition to any liability to forfeiture or otherwise under this Act or any corresponding previous enactment, be liable to a penalty of not more than Five pounds per centum on the purchase money of such land in respect of each breach of such condition and an additional penalty of the same amount for each year during which any such breach continues.

Power of Board to authorize drain &c. through adjoining swamp lands. No. 3709 s. 119.

Every allotment shall be leased or sold subject to a right of the Board whenever in its opinion it is necessary for the effective draining of any other allotment to grant upon such terms and conditions and subject to such qualification as it thinks fit authority to the owner or occupier of such other allotment to cut and use a drain through such first-mentioned allotment such drain to run parallel with and within ten links where practicable of a boundary line of such allotment, but the lessee purchaser or owner of such allotment shall not be entitled to receive or be paid any compensation by reason of the cutting or using of such drain by the owner or occupier of such other allotment.

Rent under perpetual lease of swamp &c. No. 3709 s. 120.

The rent payable by the perpetual lessee of any swamp or reclaimed land for the period ending the twenty-ninth day of December One thousand nine hundred and fifty-nine shall be Four pounds per centum per annum on the value of such land as assessed whether before or after the passing of this Act by a Land Classification Board, and the value shall be re-assessed at the said date and every ten years thereafter and the rent shall be calculated according to such re-assessment. When any land is being re-assessed no improvements thereon which do not belong to the Crown shall be included in or added to the value thereof.

DIVISION 8. GRAZING LEASES AND LICENCES.

Subdivision 1.—Grazing Leases.

interpretation. 121. In this subdivision unless inconsistent with the context No. 4273 s. 2. o r subject-matter—

" Forest produce" means forest produce within the meaning of the Forests Act 1958 (where used in reference to or in connexion with or as to anything in any protected forest).

" Protected forest" means protected forest within the meaning of the Forests Act 1958.

" Forest produce."

" Protected forest."

Application of subdivision toMallee country. No. 4273 s. 3.

122. The provisions of this subdivision shall so far as applicable or capable of being applied extend and apply to lands in the Mallee country.

1958. Land. No. 6284 581

123. (1 ) Where in the opinion of the Board, after consultation Power to . with the Forests Commission, any extensive area of unalienated Safe'sf323"8

land of the Crown is for the time being unsuitable for selection N°-4 2 7 3 s- *• under selection purchase leases or conditional purchase leases under this Act, and the Surveyor-General has certified under his hand that such land is so unsuitable the Governor in Council on the recommendation of the Board may subject to this subdivision grant to an applicant or applicants a grazing lease or grazing leases of such land or any part or parts thereof:

Provided that no lease under this subdivision shall be granted of any first second or third class land or of any unclassified land which in the opinion of the Surveyor-General would if classified be classified as first second or third class land.

(2 ) Every application for a lease of any land under this f ^ ^ ° D S

subdivision shall— (a) be made in the prescribed form; and

(b) be accompanied by a deposit of not less than the amount of the first instalment of rent payable in respect of such lease together with the prescribed fees for the application for and preparation of the lease.

124. (1 ) Every lease under this subdivision may be granted Termonease. for a term of not more than twenty-one years from the date N ° - 4 2 7 3 s - 5

thereof.

(2) The Governor in Council after considering reports made Renewal*ana tlCW 1C3SCS

by the Board and the Forests Commission may in his discretion— (a) grant a renewal of any existing lease under this

subdivision; or (b) on the expiry or earlier determination of any lease

under this subdivision grant a new lease of the land comprised therein.

(3) The annual rent of any lease under this subdivision shall Rent, be the amount determined by the Board on the advice of a Land Classification Board or a Mallee Classification Board (as the case requires), and such rent may be determined for a period of years or may, on the advice of such Land Classification Board or Mallee Classification Board (as the case may be) be varied from year to year.

125. Every lease under this subdivision shall contain the Conditions

following conditions:— No.e«73 s. 6. (a ) A condition for the payment in advance of the annual Payment of

, „ „ * . rent-rent;

5&2 1958. Land. No. 6284

Improvements.

Fencing.

Vermin and noxious weeds.

Rights reserved to public.

Forest produce.

(b) A condition that the lessee shall on the land demised—

(i) make improvements of such value and within such period or periods as the Board before the commencement of the lease determines;

(ii) maintain such improvements in good repair; and

(iii) (where the Board considers it necessary) renew such improvements from time to time during the term of the lease;

(c) A condition that the lessee if not sooner called upon under the provisions of the Fences Act 1958 shall within such period as the Board before the commencement of the lease determines enclose the land demised with a fence with gates therein across any road or defined track and keep such fence in repair: Provided that in any particular case where it appears to the Board that owing to special circumstances the enclosing with a fence of the land demised would be impracticable or inequitable, or where in the opinion of the Board the fencing of the whole or any part of the land demised is not required, the Board may in writing under its seal modify or waive the fencing condition and the said condition shall thereupon be altered or waived accordingly;

(d) A condition that the lessee shall at once and to the satisfaction of the Board commence and continue to destroy and suppress on the land demised all animals and birds declared to be vermin and all plants declared to be noxious weeds under the Vermin and Noxious Weeds Act 1958 and that the lessee shall keep the land demised free from vermin and noxious weeds aforesaid to the satisfaction of the Board;

(e) A condition that there shall be reserved to the public the right to pass on any necessary occasion with or without horses stock or vehicles on or over any road or defined track in or through any part of the land demised whether enclosed or unenclosed;

(/) A condition that the lessee shall not except in accordance with the Forests Act 1958 remove damage injure or destroy or cause or knowingly permit or suffer to be removed damaged injured or destroyed any forest produce in or upon the land demised;

1958. Land. No. 6284 583

(g) A condition that there shall be reserved to the re^sedto

Governor in Council the right without any g0,uSdiorin

compensation being made to the lessee—

(i) to lay out make or declare open, or cause or permit to be laid out or made, whether for permanent or temporary use, public roads in through or across the land demised;

(ii) to dig or remove or permit to be dug or removed any mineral rock soil gravel sand salt stone limestone lime loam brick earth or other material in or upon the land demised;

(iii) to depasture or permit to be depastured on the land demised any horses or cattle used by any Government Department while such horses or cattle are working on or passing over the land demised, and to water or permit to be watered such horses or cattle at any natural source on or in the land demised; and

(iv) to enter or permit any person to enter upon the land demised for any of the purposes aforesaid;

(h) A condition that the Forests Commission or any person Power to-authorized in writing by the said Commission shall Commision have the right and shall be allowed— Ac. to enter

( i) to enter with or without horses stock or vehicles upon the land demised for the purposes of felling cutting digging or removing forest produce in or upon the land demised; and

(ii) (subject to the approval of the Minister) to erect make or construct on the land demised any necessary plant machinery buildings tramways or tracks—

without making any compensation to the lessee for surface or other damage except surface damage done to any improvements;

(i) A condition that any person holding a miner's right Mining. or a gold mining lease or a mineral lease shall have the right and shall be allowed to enter upon the land demised and search for gold or minerals (as the case may be) within the meaning of the Mines Act 1958 and to mine and erect and occupy mining plant or machinery thereon without making

584 1958. Land. No. 6284

Resumption of part of land.

Resumption for roads Ac. Third Schedule.

Power to transfer mortgage or sub-let.

Forfeiture for breach of conditions.

Entry to ascertain if covenants fulfilled.

Other conditions.

compensation to the lessee for surface or other damage except surface damage done to any improvements;

(/) A condition that if the Governor in Council by notice published in the Government Gazette determines that any portion of the land demised (which portion shall be described in such notice) not exceeding in any one year fifteen per centum of the total area of the land demised should be resumed for the purpose of being otherwise dealt with under this Act or for any other purpose specified in such notice, the Governor in Council may after giving three months' notice in writing to the lessee enter upon and resume such portion, and the lessee may remove any improvements from such portion and shall relinquish and give up possession of such portion to Her Majesty, and the rent payable by the lessee shall be reduced in accordance with the annual rental value of the portion so relinquished: Provided that the total area which may be so resumed during the currency of the lease shall not exceed forty-five per centum of the total area of the land demised;

(k) A condition in the form or to the effect of the Third Schedule to this Act;

(/) A condition that the lessee shall not except with the consent in writing of the Board (which consent may be given on payment of the prescribed fee and of all rent due and on production to the Board of documentary evidence that municipal and other rates due have been paid) transfer mortgage charge or sub-let his estate or interest in the whole or any portion of the land demised;

(m) A condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the lessee;

(n) A condition that any bailiff of Crown lands and any person appointed in that behalf by the Board may at any time enter upon the land demised to ascertain if the covenants and conditions of the lease are being performed or complied with by the lessee;

(o) Such other conditions not inconsistent with this Act as the Governor in Council approves of and directs to be inserted.

1958. Land. No. 6284 585

126. Notwithstanding anything in any Act, any land which La5dlwed

is held by a lessee under a lease under this Subdivision shall for deemed to be

the purposes of the Forests Act 1958 be and be deemed to be a For?et"ted

protected forest, and subject to this subdivision the said Act shall No. 4273 s. 7. so far as applicable extend and apply to and in respect of such land and such lessee.

127. ( 1 ) Save as otherwise provided by this section, no compensation compensation shall be paid by Her Majesty for any improvements p°0wments. made on the land demised. No. 4273 s. 8.

(2) Where Her Majesty has resumed possession of any portion where land of any land leased under this subdivision and such portion is '"urned made available for occupation or settlement by any other person to™sspeeyfOTe

or persons, such person or persons shall pay to the Board the j£e1nI£ve"

value as determined by the Board of any improvements on such fnC"Jjfmblet0

portion that are not removable, and any sum so received by the occupier. Board shall (after deducting any sums owing to the Board by the outgoing lessee of such portion) be applied by the Board in payment to the outgoing lessee of such portion for loss sustained in consequence of relinquishing such improvements.

(3) Such value shall be determined by the Board immediately Determination

before such portion is made available for occupation or settlement, improvements.

128. Where Her Majesty has resumed possession of any Entries on portion of any land leased under this Act, the Secretary for Lands SieSc! *nof

shall forthwith forward to the Registrar of Titles a notification f«u™ptionof of such resumption together with a description of such portion, No. 4273 s 9. and thereupon the said Registrar shall make all such entries as are necessary upon the Crown lease or certificate of title (as the case may be ) and duplicate thereof affected by such resumption, and the holder of such duplicate shall produce the same to the said Registrar for such purpose.

129. Section two hundred and forty-eight and sub-section sections 248 (3) of section two hundred and forty-nine of this Act shall not not to apply

extend or apply to or in respect of any land leased or any lessee ie>a ddunder under this subdivision. lVbdi!!fion!;

No. 4273 s. 11; No. 4459 s . 7 ( 3 ) .

Subdivision 2.—Grazing Licences. 130. (1) The Governor in Council or any person duly Grazing

authorized by him in that behalf may from time to time grant ^"3709 to any applicant a grazing licence to enter with cattle sheep or 12T; other animals upon any park lands reserves or other Crown lands 202), not forming part of any common or held under lease or licence NO! fill sJ I.' under this Part or under any repealed Act or taken up or required for the purposes of this Part and therewith to depasture the same, subject however in the case of any lands forming part of the lands

586 1958. Land. No. 6284

Effect of fencing land under grazing licence as regards impounding.

Power to sue I or damages if land not fenced.

Licences to graze on Crown lands to be granted for any term not exceeding seven years.

Remission of grazing rents by reason of drought. Ac.

Permit to clear and cultivate certain reserves &c. under grazing licences. No. 3709 s. 122.

Permit to clear and cultivate portion of certain Crown lands under grazing licence pending supply of water thereto for irrigation.

comprised in the first second third or fourth class or class tour A land to the right of any person to come in upon such lands so granted and to select a selection purchase allotment.(fl)

(2) The Governor in Council may make regulations with regard to the calling for and receipt of tenders for and the issuing of grazing licences under this subdivision.

(3) Where a licensee has with the consent of the Minister enclosed with a substantial fence the land which is the subject of his licence he may impound any cattle sheep or other animals found trespassing thereon.

(4) Where the licensee holds land under this section or the corresponding section of any repealed Act which is unfenced he may in any court of competent jurisdiction sue the owner of any cattle sheep or other animals for damages arising from trespass by such cattle sheep or other animals.

(5) Every grazing licence granted to any person under and pursuant to the provisions of this section shall be so granted for such term not exceeding seven years as the Governor in Council thinks fit subject however to cancellation at any time by the Governor in Council.

(6) Where owing to drought or other adversity the income of any licensee from the land which is the subject of his licence has during any period been seriously diminished, the Secretary for Lands with the approval of the Minister may remit all or any part of the rent paid or waive all or any part of the rent payable by such licensee in respect of that period.

131. (6 ) (1) If any reserves or other Crown lands (not forming part of any park lands or of a common or held under lease or licence under this Act or any corresponding previous enactment or taken up or required for the purposes of this Act) are in the opinion of the Minister a harbor for vermin or infested with noxious weeds, and the Governor in Council or any person duly authorized by him in that behalf has pursuant to the last preceding section granted to any person a grazing licence with respect to any such land, the Minister if in the circumstances he considers it desirable may in writing at the request of the licensee permit him to destroy any scrub growing upon the land and to cultivate such land or any part thereof specified in the permit and may if he thinks fit increase the rent of the said land.

(2) The Minister at the request of any licensee under the said section of any Crown land (not forming part of any park lands) may in writing permit such licensee to clear and cultivate such portion of the land (not exceeding five hundred acres in any

(a) See section 252 of the Local Government Act 1958, which makes land held under grazing licences rateable property and the licensee the occupier. See also the Vermin and Noxious Weeds Act 1958, section 3, which makes a lessee or licensee from the Crown an " owner " within the meaning of that Act.

(b) But see Forests Act 1958, section 76.

1958. Land. No. 6284 587

one year) as the Minister determines and as in the opinion of the Minister the Board of Land and Works and the State Rivers and Water Supply Commission is suitable for the purposes of agriculture under irrigation conditions and is likely to be but is not situate within an Irrigation and Water Supply District within the meaning of the Water Act 1958, or, if situate within any such district, is likely to be but is not supplied with water for irrigation under the said Act, and the Minister may if he thinks fit increase the rent of the said land.

( 3 ) A permit under this section shall contain such terms and Tei™s. conditions and may be granted for such period not exceeding the and period of term of the licence as are prescribed or as the Governor in permit' Council thinks fit subject however to cancellation at any time by by the Governor in Council : Provided that where under the authority of the Minister the holder of a permit has destroyed scrub on or cleared a substantial area of the land for cultivation at least twelve months ' notice in writing shall unless the Minister otherwise directs be given of intention to cancel the permit.

(4) A permit under this section to destroy scrub and AS to timber cultivate land or to clear and cultivate land shall not unless with trees" the special sanction of the Minister signified in writing permit the licensee to destroy any timber trees (including any such trees which are useful for building or fencing purposes or for firewood but not including wattle trees).

(5) The licensee shall not erect any dwelling on any land Dwellings not or part or portion thereof in respect of which a permit under this tobeerected-section has been granted.

(6) In the event of the expiry or cancellation of a permit Effector under this section or in the event of the land so held under licence pe?mTt o ? ' o f

or any part or portion thereof being selected as a selection of'sSfcUind11

purchase allotment or being required for any purposes which the compensation. Board deems to be of a public nature the licensee shall not growing crop (unless otherwise determined by the Minister) be entitled to any compensation for any improvements (including any destruction of scrub or any clearing or cultivating) effected on such land part or portion, but, if and subject to such conditions as the Minister thinks fit, the licensee may remove any growing crop sown by him on such land part or portion and may enter the said land part or portion for the purpose of removing such crop.

(7) If such crop is not removed within a time fixed by the Where crop Minister it shall become the property of the Crown and shall be n£removed

sold by the Board. After payment of the costs and expenses of such sale any balance of purchase money may be paid to the licensee.

( 8 ) Upon the expiration of the term of the grazing licence of compensation any licensee referred to in sub-section ( 1 ) or sub-section ( 2 ) of impJfe

v|mcnts

this section if the land included therein is not selected as a incoming to selection purchase allotment or taken by the Board for public licensee?

588 1958. Land. No. 6284

purposes the licensee thereof or his executors administrators or assigns shall be paid by any incoming licensee (in addition to any sum determined by the Board pursuant to section one hundred and thirty-three) the value of any improvements—

(a) which were made constructed erected or effected with the permission of the Minister and pursuant to this section on the land or part or portion thereof which is the subject of a permit under this section; and

(b) which are not provided for under section one hundred and thirty-three.

Amount of (9) The sum to be paid pursuant to the last preceding and how sub-section in respect of such improvements shall not exceed the

sum expended thereon by the licensee his executors administrators or assigns and shall be determined by the Board.

(10) For the purpose of aiding in the destruction of vermin and the eradication of noxious weeds the Governor in Council or any person duly authorized by him in that behalf may from time to time grant a grazing licence under the last preceding section in respect of any area of unalienated lands of the Crown (not forming part of any park lands) for which a grazing licence may be granted under that section and which in the opinion of the Minister is a harbor for vermin or infested with noxious weeds or any portion of such area to the owner or lessee of any land alienated or in process of alienation from the Crown adjoining such area or portion without calling (unless the Governor in Council thinks fit) for tenders for the said grazing licence.

Gazettaiof (11) Any area of Crown lands to which the last preceding sub-section applies shall before any licences are granted hereunder be specified by the Minister by notice in the Government Gazette.

(12) Every grazing licence granted to any person under sub-section (10) shall be so granted—

(a) for such term not exceeding seven years as the Governor in Council thinks fit subject however to cancellation at any time by the Governor in Council;

at such annual licence-fee as the Minister thinks fit; subject to such of the provisions of this subdivision

as the Governor in Council thinks applicable; and subject to a condition that the licensee shall at once

and to the satisfaction of the Board commence and continue to destroy and suppress and shall within two years after the date of the licence have destroyed and suppressed to the satisfaction of the Board the vermin and noxious weeds upon the

Power to grant grazing licences of area of Crown lands to adjoining holders with condition for destruction of vermin and noxious weeds.

Term rental and conditions of such grazing licences.

(b) (c)

(d)

1958. Land. No. 6284 589

land in respect of which the licence is granted, and that he shall to the satisfaction of the Board keep the same free from vermin and noxious weeds during the remainder of the term of the licence; and subject to such other conditions as the Governor in Council thinks fit.

(13) For the purposes of this section— (a) the expression "noxious weeds" means any plants 0""J£xY0

a„iion

named and declared to be noxious weeds or weeds." thistles for the purposes of this section or for the purposes of any other enactment relating to noxious weeds in any proclamation which is (whether before or after the commencement of this Act) made by the Governor in Council and which is in force throughout Victoria or in the portion of Victoria in which the Crown lands are situate with respect to which a licence or permit under this section (as the case may be) has been applied for or granted; and

(b) the Governor in Council may from time to time by Proclamation. proclamation published in the Government Gazette declare any plant to be a " noxious weed" in any portion or portions of Victoria specified in the proclamation and may by proclamation published as aforesaid revoke or vary any such proclamation.

132. (1) The Minister at the request of any licensee of ^™efasn^

Crown land (not being auriferous) may in writing permit such ™ar ftedt0

licensee to construct tanks or dams on such land and to erect a erect a suitable suitable fence round the whole or any portion of such land. NOC3709S.

123.

(2) Such fence shall if erected pursuant to such permission Fence to remain the property of the licensee and may be removed by him property of when the period of his licence expires or at any prior time. i'censee-

(3) In the event of the licensed land being selected as a Effector selection purchase allotment or being required for any purposes o??andhei0dut

which the Board may deem to be of a public nature the licensee hcenceT21"8

shall not (unless otherwise determined by the Minister) be entitled to any compensation for improvements effected thereon, but any fence erected thereon by him shall be removed by the licensee at any time when ordered in writing by the Board.

(4) If such fence when so ordered is not removed within a Fence to be

time fixed by the Minister it shall become the property of the Temovei&c-Crown and shall be sold by the Board. After payment of the costs and expenses of such sale any balance of purchase money may be paid to the licensee.

590 1958. Land. No. 6284

133. (1) Upon the expiration of the term of any grazing licence under section one hundred and thirty or the corresponding section of any repealed Act if the land included in such licence is not selected as a selection purchase allotment or taken by the Board for public purposes the licensee thereof or his executors administrators or assigns shall be paid by any incoming tenant the value of all tanks dams or fences made constructed or erected with the permission of the Minister during the currency of his licence and calculated to increase the capability of such land for carrying sheep or cattle.

(2) The sum to be paid in respect of such improvements shall not exceed the sum expended thereon by the licensee his executors administrators or assigns and shall in no case exceed the sum of Five shillings per acre for the first one thousand acres of such land nor more than Two shillings and sixpence per acre after the first one thousand acres of any such land.

(3) The sum to be so paid shall be determined by the Board.

DIVISION 9. LEASES AND LICENCES &C. FOR OTHER THAN

GRAZING OR AGRICULTURAL PURPOSES. ( a )

Subdivision 1.—Leases.

leases for 134 . ( 1 ) The Governor in Council may grant leases of any o^er purposes £ r o w n j a n ( j n o t e x c e e ( j m g (except in the case of leases for guano of^razing. Or other manure or for obtaining and removing stone or earth or NO. 3709 s. for the manufacture of salt or for purposes of amusement and NO.'4095 s. recreation or for rifle ranges) three acres for a term not exceeding NO. 4654 s. 3 twenty-one years from the date thereof at a yearly rent as Na'4873 s. 7 provided in the next succeeding section for any of the following N0V5350S.2, purposes (that is to say):—

(a) For obtaining and removing therefrom guano or other manure;

(b) For obtaining and removing therefrom stone or earth;

(c) For sites of inns stores smithies bakeries or similar buildings in thinly-populated districts;

(d) For sites of bathing houses bathing places bridges toll houses or ferries and punt houses;

(e) For sites of tanneries or factories or saw or paper mills stores warehouses or dwellings;

(/) For sites of quays and landing places or for sites for the depositing of materials;

(g) For the working of mineral springs; (h) For sites for ship and boat building or repairing

and marine and general engineering works; (a) See also Division 10 of Part I. (Improvement Purchase leases), Part V.

(Development leases) and Part XI. (Wonthaggi leases).

Compensation for improvements to outgoing grazing licensee. No. 3709 s. 124.

Amount of compensation.

How determined.

1958. Land. No. 6284 591

(/) For the manufacture of salt; (j) For purposes of amusement and recreation; (k) For any other purpose authorized by the Governor

in Council:

Provided that in all cases where it is proposed to grant a lease for a longer term than seven years notice of the application for such lease and of the purpose and term for which it is proposed to be granted shall except as provided in section one hundred and thirty-six be published in four consecutive ordinary numbers of the Government Gazette at least one month before the grant of such lease.

(2) If (whether before or after the commencement of this Act) during the currency of any lease granted pursuant to this section the lessee dies or becomes a lunatic or lunatic patient within the meaning of the Mental Hygiene Act 1958 the Governor in Council may grant a renewal of such lease or a new lease of the land demised thereby to the executor or administrator of such lessee or (as the case may be) to the committee of his estate or the Public Trustee.

(3) Such renewal or new lease may be granted in the name of such lessee and be executed by his executor or administrator or (as the case may be) by the committee of his estate or the Public Trustee and shall devolve or pass in like manner as if the lease had been renewed or the new lease had been executed prior to the death of such lessee or (as the case may be) prior to such lessee becoming a lunatic or lunatic patient and the estate of such lessee shall be answerable for the due performance of the covenants and conditions contained or implied in the renewed or new lease as fully and effectually as if such lessee had executed the same personally and (in the case of a lessee who is a lunatic or lunatic patient) was of sound mind at the date of the execution of the same.

(4) Subject to any other provisions of this Act applicable to leases of Crown lands situate within the metropolis and not inconsistent with the provisions of this sub-section—

(a) the following provisions of this sub-section shall apply with respect to leases granted under this section after the commencement of the Land Act 1932 of any Crown land situate within the metropolis:—

(i) Such leases may be granted for a term not exceeding—

fifty years; or (in any particular case where the Board certifies that in its opinion any buildings to be erected under the covenants of the lease are to be

Power to renew &c. to executors Public Trustee &c. certain leases granted to persons deceased or insane since grants.

Execution and effect of the renewed or new lease.

Term of and power to re-appraise rents &c. every ten years in case of Crown leases in the metropolis.

Land. No. 6284

of such substantial nature and high value as to justify a lease for a longer term) seventy-five years—

from the date thereof and for an area not exceeding (except in the case of leases for guano or other manure or for obtaining and removing stone or earth or for the manufacture of salt or for purposes of amusement and recreation or for rifle ranges) twenty acres, but in the determination of the term and area for which the lease is to be granted regard shall be had to the nature of any industry or business to be carried on or established on the land and the employment likely to be provided and the nature and value of any buildings to be erected on the land;

(ii) Where any such lease is granted for a longer term than ten years the Minister shall cause the rent or royalty payable thereunder to be re-appraised at the end of the first ten years and at the end of each successive period of ten years thereafter;

(iii) Every such re-appraisement shall be based on the value of the land and improvements (if any) thereon other than improvements effected by the lessee during the term of the lease;

(iv) Such re-appraised rent or royalty shall be as fixed by the Minister and shall be the rent or royalty payable under the lease for the succeeding period of ten years or the remainder of the term of the lease (whichever is the shorter) and the lease shall be read and construed accordingly: Provided that no such rent or royalty shall be fixed as aforesaid until the Minister has given the lessee an opportunity of conferring with him (if the lessee desires to do so) with respect to such rent or royalty;

(v) If any such re-appraised rent or royalty is greater by more than Twenty-five per centum of the rent or royalty payable under the lease in respect of the preceding period of ten years the lessee, shall be at liberty to surrender the lease;

1958. Land. No. 6284

(vi) Where any lease is surrendered as aforesaid and the land is afterwards leased there shall be payable to the outgoing lessee in respect of the improvements effected by such lessee during the term of the lease an amount to be determined as hereinafter provided;

(vii) Such amount shall be determined by the Board immediately before the issue of the lease to the incoming lessee and shall not exceed the value of the outgoing lessee's interest in such improvements and shall be paid to the outgoing lessee by the Board as and when received from the incoming lessee; and

(viii) Such amount shall be paid by the incoming lessee either in one sum or by such instalments as the Board determines and bearing interest at such rate as the Board determines; and any default in the payment of any instalment with interest thereon shall have the like consequence as a default in the payment of any instalment of rent and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law;

(b) the foregoing provisions of this sub-section shall with such adaptations as are necessary extend and apply to—

(i) renewals of leases existing at the commencement of the Land Act 1932 of Crown lands situate within the metropolis as if such renewals were new leases; and

(ii) renewals of leases (where such leases are granted after the commencement of the Land Act 1932) of Crown lands situate within the metropolis as if such renewals were new leases; and

(c) nothing in the last two preceding paragraphs shall apply to cases of private bathing houses or private bathing places.

594 1958. Land. No. 6284

Power to Governor in Council to grant lease with rent or royalty fixed for full term in substitution for certain existing leases.

Leases outside metropolis where there are substantial improvements.

(5) Notwithstanding anything in the foregoing provisions of this section where any lease in force at the commencement of the Land Act 1941 was granted prior to the first day of January One thousand nine hundred and forty under the last preceding sub-section and, before the grant of such lease, application in writing was made to the Minister to have the rent or royalty fixed for the full term of the lease, the Governor in Council may in substitution for such lease grant to the same lessee a new lease of the same land for a term not exceeding fifty years at a rent or royalty fixed for such term and based upon the estimated average value of such land during such term.

(6) Notwithstanding anything to the contrary in the foregoing provisions of this section or in any other provision of this Act, where there are upon any Crown lands not within the metropolis any improvements of a substantial nature which are the property of the Crown the Governor in Council may grant to any person or body of persons a lease of such Crown lands for any term not exceeding fifty years and for any area not exceeding thirty acres and subject to such covenants terms and conditions as the Governor in Council thinks fit.

Conditions of leases. No. 3709 s. 126; No. 4095 s. 6, No. 4191 s. 2.

Canals.

Right to lease in city town or borough to be offered at. auction.

Renewal of leases of land within any city town or borough.

135. (1) Every lease so granted as aforesaid shall be subject to such covenants and conditions and to the payment of such rent or royalty not being less (except in the case of private bathing houses or bathing places when a fee of One pound per annum only shall be charged) than the sum of Five pounds per annum as the Governor in Council may think fit to impose, and shall contain a covenant that if the lessee his executors administrators or assigns fail at any time during the term to use the land bona fide for the purposes for which it has been demised the lease shall be voidable at the will of the Governor in Council.

(2) The Governor in Council may grant leases of any Crown lands to any person willing to make and construct canals or docks, but no such lease shall be granted unless and until the conditions of such lease have been laid on the table of both Houses of Parliament for at least four consecutive weeks.

(3) Before any lease is granted for such purposes as aforesaid of any Crown land situated within the metropolis or the boundaries of any city town or borough, the right to such lease shall be offered for sale by auction, and notice of such auction shall be given in the same manner in all respects as notice with regard to lands to be sold by auction in fee simple is to be given as hereinbefore provided. The person who offers the highest rent shall be entitled to the lease.

(4) The Governor in Council notwithstanding anything herein contained may as to Crown land situated within the metropolis or the boundaries of any city town or borough grant

1958. Land. No. 6284 595

renewals of existing leases or new leases of the lands therein comprised upon compliance with the provision as to notice contained in the last preceding section.

(5) Any lease granted under the powers contained in the t^°^eerc^s

rary

said section for purposes of amusement or recreation shall be saieb" or

granted subject to the provisions of this and the said section so far to lease for* as the same are applicable thereto save only that it shall not be r ^ r X T o r

necessary to offer for sale by auction the right to such lease.

136. The Governor in Council may grant leases of any Crown Leases for lands for rifle ranges for any term not exceeding twenty-one years NO"-/^" at such yearly rental and subject to such covenants terms and s-127-conditions as to the Governor in Council may seem fit; and may grant any such lease without the right to such lease being offered for sale by auction and without publication in the Government Gazette of the notice mentioned in section one hundred and thirty-four.

137. The Governor in Council may grant leases of lands Leases for forming part of any lands of the Crown (including water reserves t?aamwl?». but not including lands within any reserved forest) not exceeding ^3709 three chains in width for the forming and maintaining of roads tramways and crossings and such works of like public utility, subject to such covenants terms and conditions as to the Governor in Council may seem fit: Provided that notice of the application for such lease and of the purpose for which it is proposed to be granted shall be published in four consecutive ordinary numbers of the Government Gazette before the granting thereof.

Subdivision 2.—Licences <6c.(a)

138. (1) The Governor in Council or any person duly JSigg809 ,or

authorized by him in that behalf may from time to time grant ucences may to any applicant a licence to enter upon any Crown lands not other than under licence or lease as an agricultural or grazing allotment Or ofgrazing. not under lease as a selection purchase allotment for any of the ^3709 following purposes (that is to say):— ^iVmra)

(a) To cut dig and take away any gravel stone limestone salt guano shell seaweed sand loam brick or other earth;

(b) To occupy the site of fishermen's residences and drying grounds;

(c) To occupy the sites of fellmongering establishments slaughter-houses brick or lime kilns;

(d) To erect pumps; (e) To collect ballast;


696 1958. Land. No. 6284

Conditions of licences.

(/) To occupy an area not exceeding three acres in extent for the purpose of gardening thereon;

(g) To occupy as a site for business or for residence and business an area not exceeding in extent such area (which shall not be more than one acre) as is prescribed either generally or in any particular case; or

(h) For any of the purposes for which leases may be granted under this Division.

(2) Every licence under this section shall bear the date on which it is issued and shall continue in force for a period not exceeding one year from such date, and shall be subject to such restrictions limitations and conditions and to the payment of such reasonable fee as the Governor in Council by regulations thinks fit to impose.

Licences to enter Crown lands to cut and take away live or dead timber. No. 3709 s. 130.

139. Notwithstanding anything contained in the Forests Act 1958, the Governor in Council or any person duly authorized by him in that behalf may from time to time grant to any applicant a licence under the last preceding section to enter and cut dig and take away any live or dead timber upon any Crown lands not under licence or lease as an agricultural or grazing allotment or not under lease as a selection purchase allotment or not comprised in a " Protected forest" or " Reserved forest" as defined by the Forests Act 1958.

Certain holders of land wbo have made improvements to have right to purchase. No. 3709 s. 131; No. 4181 s. 5, No. 4319 s. 19 (1) (M.

140. (1) When buildings or other improvements have been made or erected upon any Crown land held under licence as a site for a butter factory or creamery or as a site for a residence garden or for any other purpose approved by the Board or for an inn store smithy or similar building or as a site for business or for residence and business and not within the metropolis and of which land the licensee has been in possession for a period of three years, if it is proved to the satisfaction of the Board—

(a) that such buildings or other improvements have been erected or made; and

(b) that the licensee has been in possession of such land as aforesaid; and

(c) that the conditions of such licence have been complied with—

and if there are no objections to the alienation of such land on the ground of being auriferous or other reasons of a public nature, the licensee shall have the exclusive right of purchasing the land on which such buildings or other improvements have been erected or made at a price to be determined by an appraiser to be appointed by the Board on the value of the land at the date of the licence.

1958. Land. No. 6284 597

(2) It shall be lawful for the Board previous to the purchase Certificate.

of any land under this section to grant to the licensee a certificate specifying the amount of rent paid by him during the period he has been in possession of such land and so much of the amount specified in such certificate for every acre or fractional part of an acre of such land shall be credited to the licensee in the purchase money thereof.

(3) Such licensee shall pay to the Crown the balance (if Payment, any) of such purchase money in such manner and at such times as the Governor in Council may determine.

(4) No such licensee shall be entitled to purchase more than Limitation. one such site.

(5) For the purposes of this section any reference to a Right to licensee shall be deemed and taken to include the executors or «™sSnse

administrators of any such licensee and also any person to whom licensed lands-the licensee has with the consent of the Board or the Minister transferred his licence.

(6) In any Crown grant issued by the Governor in Council conditions on behalf of Her Majesty under the provisions of this section ingran-

there shall be inserted such covenants conditions reservations exceptions and provisions as to the Governor in Council seems fit.

Bee Farm Licences. 141. (1) The Minister or any person duly authorized by him Bee farm

in that behalf may grant to any applicant a licence for the NO^TO purpose of a bee farm of an area not exceeding ten acres in NO3«73S IO. extent upon any Crown lands or upon any lands held under a grazing lease or an annual grazing licence.

(2) Every licensee of a bee farm shall have the right of ingress ingress and egress and regress to and from such bee farm but such licence regress-

and such licensee shall be subject to such terms restrictions limitations and conditions and to the payment of such fees as may be prescribed.

142. The licence of every site for a bee farm at any time conditions of granted by the Minister or person authorized as aforesaid in Scene™site

pursuance of the last preceding section shall be subject to the ^^l7 0 9

undermentioned provisions namely:— (a) No person company corporation or firm shall hold

more than three bee farm licences, or a licence or licences for more than ten acres in the whole;

(b) Every licence shall be issued for a period not exceeding one year, but during a period of seven years from the date of issue may be renewed by the Minister or person authorized as aforesaid if he thinks fit from year to year by an indorsement on the back of the licence;

698 1958. Land. No. 6284

AS to resumption of certain lands over which bee farm licence also granted. No. 3709 s. 134.

Limit on number of hives to be kept by grazing area lessee &c. No. 3709 s. 135.

(c) The applicant for a licence or renewal of a licence shall pay to the Minister or person authorized as aforesaid in advance before the issue or renewal thereof such annual licence-fee as the Minister may fix;

(d) A licensee may at his own risk erect any buildings or fences or make any improvements on his bee farm site, but shall remove the same without any right to compensation whenever so directed in writing by the Minister;

(e) No fence shall be erected on any bee farm site except on any boundary thereof nor unless the boundaries thereof are clearly defined by a survey approved by the Surveyor-General;

(/) No dog shall be kept or be allowed to remain on any bee farm site;

(g) The Minister may at any time cancel any bee farm licence if it is proved to his satisfaction that the licensee has committed or permitted in connexion with the bee farm site a contravention of any of the provisions of this Act or of the terms restrictions limitations or conditions of the licence;

(h) No licensee shall permit the careless use of fire on or near his bee farm site; and

(/) No bee farm site shall be transferred or sublet by the licensee without the previous consent in writing of the Minister.

143. Where a licence is issued for a bee farm site forming part of any land held under a grazing licence, possession of such site may if the Governor in Council thinks fit but not otherwise be at any time resumed by Her Majesty on the licensee of the proposed site paying to the Minister all moneys payable by the Crown in respect of such resumption.

144. (1) Notwithstanding anything contained in any grazing licence it shall not be lawful for the holder thereof unless he is also the holder of a bee farm licence to keep more than ten hives of bees on his holding and it shall not be lawful for any other person who is not the holder of a bee farm licence to keep bees on any land held under a grazing licence.

(2) For each hive kept in contravention of this section such holder or other person shall for a first offence be liable to a penalty of not more than One pound and for a second or any subsequent offence to a penalty of not less than Two nor more than Five pounds.

(3) If after a person has been convicted for a contravention of this section he fails within one month to reduce the number of his hives to ten if he is the holder of such land under a grazing licence or to remove every hive from such land if he is not the

1958. Land. No. 6284 599

holder thereof under a grazing licence then he shall be deemed to have again been guilty of a contravention of this section and shall be liable to be again convicted under this section accordingly.

145. The licensee of a bee farm site is hereby declared to be entitled without payment to a right of ingress egress and regress for himself and his family and his agents and workmen with or without horses or vehicles over and across any land held under any grazing licence between any such bee farm site and any public road or track by the shortest practicable route and he or any member of his family or any of his agents or workmen opening any gate or slip panel on such land shall close the same and in default thereof such licensee shall be liable to a penalty of not more than Five pounds.

Bee Range Area Licences. 146. (1 ) The Governor in Council may by proclamation ^Jfd™ation

published in the Government Gazette declare that any unalienated available as Crown land mentioned in such proclamation shall notwithstanding areas.

anything contained in any Act be available for being licensed f°{$m

for the purpose of being used for bee range areas. NO. 4I73 s. 10. (2) In this section " unalienated Crown land " includes any

land held under a grazing lease or an annual grazing licence. (3) The Governor in Council may at any time revoke any

proclamation made under this section or the corresponding section of any repealed Act, and every such revocation shall be published in the Government Gazette.

147. Subject to the undermentioned provisions and to such J",,™^,,^ terms and conditions as the Minister thinks fit the Minister or N O ^ M * * any person duly authorized by him in that behalf may grant a s-138-licence of any land proclaimed as aforesaid for a bee range area :—

(a) No person company corporation or firm shall hold c°ndit'°<»3. more than three bee range area licences;

(b) Every bee range area licence shall be issued for a period not exceeding one year, but during a period of seven years from the date of issue may be renewed'by the Minister or person authorized as aforesaid if he thinks fit from year to year by an indorsement on the back of the licence;

(c) A licensee shall pay to the Minister or person authorized as aforesaid in advance before the issue or renewal of a bee range area licence an annual licence-fee to be fixed by the Minister of not less than One half-penny for each and every acre within one mile of the site of his apiary as specified in the licence;

Right of access of bee farm licencees. No. 3709 s. 136.

600 1958. Land. No. 6284

Restriction on transfer.

Cancellation.

Effect of licence. No. 3709 s. 139.

Power to Minister, &c. to grant right to occupy ao area not exceeding one acre for three months as an apiary.

No. 4873 s. 8 ( 1 ) .

Power to proclaim reserves for growth of timber for manufacture of eucalyptus oil. No. 3709 s. 140.

Licences to cut timber &c. No. 3709 s. 141.

Period of licences &c. to be fixed by regulations.

(d) A bee range area licence shall not be granted in respect of any apiary which is within two miles from the site of any other apiary in a licensed bee range area;

(e) No bee range area shall be transferred or sublet by the licensee without the previous consent in writing of the Minister; and

(/) The Minister may at any time cancel any bee range area licence in the event of its being proved to his satisfaction that the licensee has committed or permitted in connexion with the bee range area a contravention of any of the provisions of this Act or of the terms or conditions of the licence.

148. (1) A bee range area licence shall confer on the licensee a right to the use by his bees of any trees within one mile of the site of the apiary of such licensee. Such site shall be specified in the licence.

(2) A bee range area licence shall not confer on the licensee any right whatever to enter or remain on any Crown land or any land held by any other person under lease or licence(a) from the Crown.

Apiary Occupation Rights. 149. Notwithstanding anything in sections one hundred and

forty-one to one hundred and forty-eight of this Act, the Minister or any person duly authorized by him in that behalf may grant to any applicant, upon payment of an amount of One pound five shillings, a right to occupy for the purposes of an apiary for a period of three months and subject to such terms and conditions as are prescribed an area not exceeding one acre in extent upon any Crown lands or upon any lands held under an annual grazing licence or under a grazing lease under this Act.

Eucalyptus Oil Licences. 150. Pursuant to the provisions of section fourteen the

Governor in Council may from time to time reserve either temporarily or permanently from sale or from being leased or from having (except as in the next succeeding section provided) a licence granted in respect thereof any Crown land which in his opinion is suitable as a reserve for the growth of timber for the purpose of the manufacture or production of eucalyptus oil.

151. (1) The Minister may from time to time grant to any applicant a licence to enter upon the whole or any part of such reserve and to cut timber thereon for the purpose of the manufacture or production of eucalyptus oil.

(2) Every such licence shall continue in force for such period and shall be subject to such terms restrictions limitations and conditions and to the payment of such fees as may be prescribed.


1958. Land. No. 6284 601

DIVISION 10. IMPROVEMENT PURCHASE LEASES.

152. In this Division unless inconsistent with the context or inter-, . . . . pretation.

subject-matter— No. 5981 s. 2. " Initial period" means the first six years of an •• initial

improvement purchase lease. period." " Land improvements" mean the clearing draining or ;* Land

grading of land the preparation of land for the sowing menS/*" of annual or fodder crops or of grass or pasture, and soil improvement and maintenance.

" Structural improvements" mean all fixtures and ;• structural structures and all other improvements of any kind rUen™. not being land improvements.

153. (1) The Governor in Council may by proclamation Power to . published in the Government Gazette proclaim any unalienated Council to

Crown land to be available for settlement under improvement S^SStefo?d

purchase leases in allotments of such area and at such valuation under0" as the Board determines and may at any time revoke or amend ^r

5cro^ment

any such proclamation. leases-3 r No. 5981 s. 3.

(2 ) Any land so proclaimed shall be deemed to be unclassified and no provision of this Act relating to the classification of lands or limiting the area value or price of any land in accordance with the classification shall extend or apply to such land.

(3) No land shall be proclaimed pursuant to this Division unless the Governor in Council is satisfied after considering a report from the Soldier Settlement Commission that the land proposed to be proclaimed is not required for the purposes of the Soldier Settlement Act 1958.

154. (1) Any person who is over the age of eighteen years Qualifications may subject to this Division apply for an improvement purchase No'smT^! lease of any land which has been proclaimed under this Division.

(2) A person shall not be eligible to take a grant of an improvement purchase lease if he is the owner of other land which together with the land for which he has applied under this Division is of a total unimproved value of more than Seven thousand five hundred pounds.

(3) In this section "unimproved value" of any land means the sum which the owner's estate or interest therein, if unencumbered by any mortgage or other charge thereon, might in ordinary circumstances be expected to realize at the date of the application for the lease if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require and assuming that the actual land and structural improvements thereon (if any) had not been made:

Provided that the unimproved value of land held under lease or licence from the Crown is the unimproved value for the time being of such land after deducting such amount of the purchase

602 1958. Land. No. 6284

money as has not for the time being become due and payable to the Crown; and the unimproved value of any unoccupied land of the Crown is the value at which the same is available for leasing under an improvement purchase lease.

Applicants (4 ) No person shall apply for an improvement purchase directiycor lease of any land as the agent servant or trustee of any other Mother or person or if such person has entered into an agreement to permit person. a Q y Q^gj. p e r s o n to acquire by purchase or otherwise any interest

in the land demised under the improvement purchase lease in respect of which such application is made.

S'l-.L'i?"8 155. (1 ) The Governor in Council on the recommendation of leases. v / . . t

NO. 5981 s. 5. of the Board may grant to any applicant an improvement purchase lease of any land proclaimed under this Division subject to the covenants and conditions following:—

(a) That the lessee will make such land improvements within the initial period as the Board specifies prior to the granting of the lease;

(b) That at least one-quarter in value of the land improvements required by the Board shall be effected within three years from the commencement of the lease;

(c) That the lessee will commence to carry out the land improvements required by the Board within twelve months from the commencement of the lease;

(d) That the lessee will not sell assign or part with the possession of the land demised during the initial period;

(e) That the lessee will not mortgage or charge his interest in the land demised or any structural improvements during the initial period without the written consent of the Board;

(/) That the lessee will establish his permanent home on the land the subject of the lease before the end of the initial period, or within such further time as the Board in any particular case specifies before the termination of the initial period:

Provided that the Governor in Council may issue a lease that shall not be subject to the condition contained in this paragraph if the Board is satisfied—

(i) that the land intended to be demised is not capable of being developed into a living area; and

1958. Land. No. 6284 603

(ii) that the applicant has established or intends to establish his permanent home on other land owned by him which lies within twenty miles of the land to be demised—

but in any such case the improvement purchase lease shall be subject to the condition that the lessee will establish his permanent home within the initial period or within such further time as the Board in any particular case specifies before the termination of the initial period within twenty miles of the land to be demised;

(g) That the lessee will pay the purchase price by twenty equal annual payments of rent;

(h) That the lessee will pay by annual instalments such proportion as the Board determines of the cost of any road which in the opinion of the Board benefits the land demised, whether such road is constructed before or after the commencement of the lease;

(/) That the lessee shall at once and to the satisfaction of the Board commence and continue to destroy and suppress on the land demised all animals and birds declared to be vermin and all plants declared to be noxious weeds under the Vermin and Noxious Weeds Act 1958 and that the lessee shall keep the land demised free from vermin and noxious weeds to the satisfaction of the Board;

(/) That any bailiff of Crown lands and any person appointed in that behalf by the Board may at any time enter upon the land demised to ascertain if the covenants and conditions of the lease are being complied with by the lessee;

(&) That the lease shall be voidable in the event of any breach of or non-compliance with the covenants or conditions thereof by the lessee—

and to such other conditions not inconsistent with this Division as the Governor in Council directs.

(2) The term of any improvement purchase lease shall be twenty years and the rent shall be of such amount as is determined by the Governor in Council on the recommendation of the Board and expressed in the lease.

156. The Board may, where it is satisfied that the lessee IS Power to unable to pay any instalment of the annual rent by reason of Fu°pend0rent drought flood personal ill-health or other misfortune, suspend the evenSain

payment of the annual instalment for such period as it thinks fit NO. 598I S. |; and the term of the lease shall be extended for a period equal to the period for which the payment of such instalments is suspended.

604 1958. Land. No. 6284

As to issue of Crown grant. No. 5981 s. 7.

Power to Board to accept surrender of lease in certain events. No. 5981 s. 8.

Power to Governor in Council to forfeit leases. No. 5981 s. 9.

Power to lessee to remove certain improvements on forfeiture of lease.

As to assignment of leases in certain cases. No. 5981 s. 10.

157. The Governor in Council shall issue a Crown grant of the land leased at any time after the expiration of the initial period if—

(a) the land improvements required to be effected by the Board have been effected;

(b) the lessee has established his permanent home in accordance with the conditions of the improvement purchase lease; and

(c) the total amount of purchase price and other fees have been paid.

(1) The Board may on behalf of Her Majesty at any time within twelve months after the granting of the lease accept a surrender of the lease if the Board is satisfied that the lessee is unable to carry out and perform the conditions and covenants of his lease because of reasons or circumstances beyond his control.

(2) The surrender of the lease under this section shall not render any person ineligible to apply for an improvement purchase lease of any other land available.

159. (1) The Governor in Council may, if the Minister after a public hearing under section thirty-four of this Act is satisfied that the lessee has become the lessee in violation of any of the provisions of this Division or that the lessee has broken any of the conditions or covenants of his lease, declare the lease to be forfeited.

(2) Upon the publication in the Government Gazette of such declaration the interest created by the said lease shall cease and determine and the right and title of the said lessee in and to such lease and the land therein described and all moneys paid thereunder shall be absolutely forfeited.

(3) Where any lease under this Division is so forfeited by the Governor in Council the lessee may unless prohibited by the terms of the declaration forfeiting the lease within thirty days of the publication of such declaration remove any structural improvements erected by him but shall have no other claim whatsoever in respect of or arising out of the forfeiture of any such lease.

160. Notwithstanding anything in this Division or in any lease granted hereunder—

(a) if the lessee dies during the initial period the Board shall permit the executor or administrator of such lessee to assign such lease to any person who is eligible to apply for a lease under this Division; and

(b) if the lessee— (i) becomes bankrupt or assigns his estate for

the benefit of or compounds with his creditors; or

1958. Land. No. 6284 605

(ii) defaults under a mortgage entered into with the consent of the Board which has operated to give the mortgagee a power of sale or foreclosure—

the trustee assignee or receiver in bankruptcy or the mortgagee (as the case may be) may at any time within three months of such default assign the lessee's interest under the lease to any person who is eligible for a lease under this Division and who is approved by the Board but if any assignee proposed by such trustee assignee or receiver in bankruptcy or mortgagee is not for any good reason (which shall be stated in writing by the Board) approved by the Board or if there is no such assignment within three months from such bankruptcy assignment composition or default then the Board shall advertise for applications from eligible persons who desire to take an assignment of the said lease on condition that the successful applicant will be required to discharge all amounts which are validly charged on—

the interest of the lessee in the land or improvements thereon; or

the full value of the lessee's interest in the land and all structural improvements made by the lessee —

(whichever is the less) but if there is no such applicant such trustee assignee or receiver in bankruptcy or mortgagee may assign the lessee's interest to the qualified person proposed by such trustee assignee or receiver in bankruptcy or mortgagee and if there was no qualified person so proposed then the lease may thereupon be forfeited—

and the lease shall not be deemed to be forfeited by reason of the non-residence of such executor administrator trustee assignee receiver or mortgagee.

161. All contracts agreements and securities that are made contracts &c. entered into or given with the intent, or which if the same were vention of valid would have the effect, of violating any of the provisions of !0

Ubiffl in

this Division or of any condition of a lease granted under this ™dv£f{ Division and all contracts and agreements relating to a lease a.n: under this Division made or entered into- before the grant of a °"6m s' ' lease or during the initial period of a lease and to take effect wholly or in part before at or after the initial period shall be i l l ega l a n d VOid. Lessee

a deemed to be 162. (1.) The lessee under an improvement, purchase lease S£££,for

shall for the purpose of complying with any statutory requirement purposes, be deemed to be the owner of the land demised; ' Sfilffl.

VOL. IV.—28

606 1958. Land. No. 6284

Preference in allocations of lands to soldiers.

(2) The Board in recommending the allocation of lands to applicants under this Division shall give preference to applicants who have been on active service in the armed forces of the Commonwealth of Australia or who are the children of persons who have so served and who are in all other respects as suitable for a grant of an improvement purchase lease as any other applicant.

Interpretation. No. 4319 s. 4.

" Habitable dwelling."

• Holder."

' Prescribed."

" Regulations?'

" Residence area."

Application to Mallee country. No. 4319 s. 5.

Grant of right to occupy Crown land as residence area. No. 4319 s. 6.

Duration of right.

DIVISION 1 1 . RESIDENCE AREAS.

163. In this Division unless inconsistent with the context or subject-matter—

" Habitable dwelling " means a dwelling which is reasonably suitable for habitation having regard to the locality in which it is situate.

" Holder" means the person for the time being entitled to occupy a residence area.

" Prescribed" means prescribed by this Division or the regulations.

" Regulations " means rules and regulations made under this Part.

" Residence area " means any Crown land occupied for the time being as a residence area in accordance with the provisions of this Division.

164. The provisions of this Division shall so far as applicable or capable of being applied extend and apply to lands in the Mallee country.

165. (1) Subject to this Division and the regulations, the Governor in Council or any person duly authorized by him in that behalf may if he thinks fit grant to any applicant who is over the age of eighteen years a right to occupy as a residence area any Crown land—

(a) which is not permanently or temporarily reserved or set apart under this Act or any corresponding previous enactment; and

(b) which is not occupied (otherwise than under a grazing licence or a bee range area licence) under this this Act or any corresponding previous enactment; and

(c) (except as otherwise provided in the Mines Act 1958) which is not occupied under that Act for mining purposes.

(2) Subject to this Division every such right shall continue in force for a period not exceeding one year from the date on which it is granted and shall be renewable from time to time for a further period not exceeding one year from the date of renewal.

1958. Land. No. 6284 607

(3) Every application for any such right shall be made in ^ ,PP^J°° | the prescribed form. areas.

(4) Every application— Occupation fee.

(a) for a right to occupy any land as a residence area; or (b) for a renewal of any such right—

shall be accompanied by an occupation fee of Five shillings. (5) A receipt given for any such fee paid on an application for f?g]£e t

a renewal of any such right shall be for all purposes sufficient renewal, evidence of such renewal.

166. Every right to occupy any Crown land as a residence ?°^dj&°nfor

area shall contain a condition that such residence area shall be residence on bona fide used for residence. areas!nce

No. 4319 s. 7.

167. The following provisions shall be observed with respect Provi&ionsto to the grant of any right to occupy any Crown land as a residence in grant of

rigEt to occupy a r e a . residence area.

(a) The residence area shall not exceed in extent the prescribed area (which shall not be more than one acre);

(b) The residence area shall be as nearly as practicable rectangular in shape;

(c) Where the land has been surveyed, the boundaries of the residence area shall as far as practicable be in conformity with the pegged survey lines;

(d) The residence area shall not obstruct Or interfere with any road surveyed for the Crown or any track used by the public or any natural or artificial channel or drainage course or any race flume or aqueduct or prevent access to any other residence area;

(e) No land within the metropolis shall be occupied as a residence area;

(/) No land within one chain from the bank of any permanent stream or of any artificial channel under the control of any Authority within the meaning of the Water Act 1958 or from the shore of any lake shall be occupied as a residence area;

(g) The residence area shall not include any outcrop of gold-bearing quartz lode or any land within seventy-five feet thereof or any auriferous lead or gutter or the surface of the land above any such lode lead or gutter known to exist within fifty feet of the surface unless the Secretary for Mines certifies in writing that the same is not required for mining purposes.

No. 4319 s. 8.

608 1958. Land. No. 6284

Exclusive right of bolder of residence area. No. 4319 s. 9.

168. The holder of any residence area shall have except as against Her Majesty the sole and exclusive right to occupy the surface of such residence area and to take any proceedings that are necessary to enable him to keep or recover possession of such surface in like manner, so far as is consistent with this Division, as if he were the owner of such area in fee simple.

Limitation on number of residence areas to be held by one person. No. 4319 s. 10.

169. A person may hold at the same time not more than two residence areas: Provided that no person shall be the holder of a residence area situate within a distance of ten miles from any other residence area held by him.

Cancellation of right to occupy residence area in certain cases. No. 4319 s. 11.

Order of Minister final.

Right to remove buildings &c

170. (1) If at any time after the granting of a right to occupy a residence area it is proved to the satisfaction of the Minister—

(a) that the holder thereof has obtained such right in contravention of or is not complying with any of the provisions of this Division or the regulations; or

(b) that any condition of such right is not being observed—

the Minister may order the cancellation of such right and such right shall be cancelled accordingly.

(2) If at any time after six months from the granting of a right to occupy a residence area it is proved to the satisfaction of the Minister—

(a) that there is no habitable dwelling thereon erected; and

(b) that for a period of at least three consecutive months there has not been a habitable dwelling thereon erected—

the Minister may order the cancellation of such right and such right shall be cancelled accordingly.

(3) Where the right of any person to occupy a residence area has been cancelled under this section, no right to occupy such land or any part thereof as a residence area shall be granted to the same person within a period of six months thereafter.

(4) Every order of the Minister under this section shall be final.

(5) In the event of any right to occupy a residence area being cancelled under this section the person who at the time of cancellation was the holder thereof may within the prescribed time after the making of such order remove any buildings on the land comprised in such residence area.

Right o, holder of residence area to purchase land. No. 4319 s. 12.

171. (1) When it is proved to the satisfaction of the Board— (a) that a habitable dwelling has been erected on any

land held as a residence area; and

1958. Land. No. 6284 609

(b) that the holder of such land has been in possession thereof for a period of not less than two years and a half and has complied with the provisions of this Division and the regulations—

and if there is no objection to the alienation of such land on the ground of its being auriferous or for any other reason of a public nature, the holder thereof on payment of the prescribed survey fees shall, subject to the provisions of the Mines Act 1958 have the exclusive right of purchasing such land at a price to be determined by an appraiser appointed by the Board.

(2) In any Crown grant issued by the Governor in Council cr°wns"<"-on behalf of Her Majesty pursuant to this section there shall be inserted such covenants conditions reservations exceptions and provisions as to the Governor in Council seem fit.

(3) Upon the sale of any residence area by the Crown under Adjustment of this section the boundaries thereof may be adjusted to make the "" anes' same straight or rectangular or to abut on or conform to the boundaries of adjacent land which has been granted by the Crown in fee simple: Provided that on any such adjustment the prescribed area shall not be exceeded by more than ten per centum.

(4) The purchaser of any land under the provisions of this f**$%£*% section shall subject to such conditions as are prescribed be entitled to pay the purchase money in so many half-yearly instalments (not exceeding forty) as the Minister either generally or in any particular case determines.

(5) Any period of possession of or residence on a residence computation area by any predecessor or predecessors in title shall for the possession.

purposes of this section be deemed and taken to be possession of or residence on such residence area by the holder thereof for such period.

172. (1) In the event of the Crown resuming possession of compensation . . - . . . . I I I J f i on resumption

any residence area for public or other purposes, the holder of such by crown, residence area shall be entitled to the payment of compensation of No-4319 s-13-the value of his interest in such residence area together with the value of any buildings or other improvements erected or made thereon.

(2) Such value shall be ascertained and determined by an appraiser appointed by the Board.

173. (1) The holder of a residence area may at any time after Power to let. he has resided thereon for a period of at least twelve months let No-4319 s-14-his interest in the occupation thereof to any person at a monthly or weekly rental, and between such holder and such person there shall exist the same rights as between landlord and tenant.

(2) The holder of a residence area may in the prescribed l°%£jgt manner and subject to the prescribed conditions encumber his ncum "' interest in the occupation of such residence area.

610 1958. Land. No. 6284

Power to sell or transfer.

Sale or transfer void until new right issued.

(3) The holder of a residence area may, at any time after he has resided thereon for a period of at least twelve months, in the prescribed manner sell or transfer his interest in the occupation of such residence area.

(4) No such sale or transfer shall have any force or effect until a right to occupy such residence area is granted to the transferee by the Governor in Council or any person duly authorized by him in that behalf, and on the grant of such right the transferee shall be and be deemed to be the holder of such residence area.

In case of death &c. residence unnecesary in certain cases. No. 4319 s. 15.

174. In the case of the death bankruptcy or lunacy of the holder of a residence area before he has resided thereon for a period of twelve months, the executor or administrator or the trustee assignee or receiver in bankruptcy or the committee of the estate or guardian of such holder or the Public Trustee or other proper person (as the case may be) may in accordance with the provisions of the last preceding section sell transfer or let the interest in the occupation of such residence area notwithstanding that such holder had not resided for at least twelve months thereon.

Transfer of residence area to widow of holder dying intestate. No. 4319 s. 16.

Computation of period of possession.

175. (1) In the case of the death of the holder of a residence area who dies intestate leaving a widow, if letters of administration of his estate are not taken out within six months after the date of his death, the Minister on the application of the widow and on proof being made to his satisfaction—

(a) that the value of such residence area together with any buildings or other improvements thereon does not exceed Two hundred pounds;

(b) that the value of the whole of the real and personal estate of the deceased holder does not exceed Two hundred and fifty pounds; and

(c) that all claims and duties (if any) against such estate have been paid—

may in his discretion order that the right to occupy such residence area be transferred to such widow, and such right shall be so transferred accordingly.

(2) From and after the date of such transfer the widow shall be deemed to be the holder of the residence area and subject to this Division shall have the same rights (including the right of purchase) in respect thereof as the deceased holder was entitled to at the time of his death.

(3) Any period of possession of or residence on the residence area by the deceased holder shall for the purposes of this Division be deemed and taken to be possession of or residence on the residence area by the widow for such period.

1958. Land. No. 6284 611

176. (1) Every person occupying any Crown land whatever Penalty for by virtue of a right to occupy a residence area granted to him or to business o" any person through whom he claims who carries on any business N o ^ i ^ n on such land shall be guilty of an offence against this Division and shall be liable for a first offence to a penalty of not more than Ten pounds and for a second offence to a penalty of not less than Ten pounds and not more than Twenty pounds and for a third or any subsequent offence to a penalty of not less than Twenty pounds and not more than Fifty pounds.

(2) No conviction shall take place for any such second or subsequent offence committed within fourteen clear days from the previous conviction.

177. Any person authorized by the Governor in Council in Power to that behalf may at all reasonable times without payment of any fee entries in inspect and take copies of any register or entry of any mining S s . registrar relating to residence areas or busaness licences under the NO. 4319 s. 20. Mines Act 1958 or any corresponding previous enactment.

178. (1) Where— 15??,*, x / excise land

(a) on any land which immediately before the o™Swc"ets

commencement of the Land (Residence Areas) Act erected^ 1935 was occupied as a residence area under the ar|^s

ence

Mines Act 1928 encroach, &c.

(i) there is situate a habitable dwelling; and NO. 4697 S. 3. (ii) since the twentieth day of January One

thousand nine hundred and twenty-six there has (except during any period of demolition and re-building) continuously been situate a habitable dwelling; and

(b) any such dwelling or any land used in connexion therewith is wholly or in part situate on any street or road—

the Governor in Council with the approval in writing of the council of the municipality in the municipal district of which such land is situate may by Order published in the Government Gazette excise from such street or road such portion thereof as the Governor in Council considers necessary in the circumstances.

(2) On publication in the Government Gazette of any such Order in Council—

(a) any land excised by such Order from a street or road shall cease to be portion of such street or road and all rights of way over such land shall cease and determine; and

(b) such land shall be and may be dealt with under this Act as unalienated land of the Crown.

612 1958. Land. No. 6284

Common lands. No. 3709 s. 142. Second Schedule.

Saving of existing commons. No. 3709 s. 143.

DIVISION 12 . COMMONS.

179. All commons heretofore or hereafter proclaimed shall subject to the provisions of this Part be dealt with in the same manner as the other portions of the areas referred to in the Second Schedule of which they respectively form a part.

180. Nothing in this Part contained shall affect except so far as may be expressly provided herein any common proclaimed before the commencement of this Act or the rights of any person entitled to commonage under the authority of any repealed Act to depasture cattle upon any common.

Governor in Council may proclaim commons. No. 3709 s. 144.

Legal proceedings.

181. (1) The Governor in Council may(fl) under regulations made for such purpose proclaim any Crown lands as a common and place it under the management of any borough or shire council or any person or persons or any two or more of the said councils or persons and direct the manner in which the fees shall be imposed paid collected and recovered for depasturing thereon and how such fees shall be disposed of, and at any time alter add to diminish revoke or abolish such common or unite two or more commons or add to such common any selection which may have been taken up within the area of such common and subsequently abandoned.

(2) The managers of any common may sue and be sued in the name of the managers of such common as though they were a corporation.

Appointment of managers and regulations. No. 3709 s. 145.

Management. No. 3709 s. 146.

182. (1) The Governor in Council may appoint managers of commons and may make regulations—

(a) for the management of any common; (b) for fixing the term of office of managers of commons

for any period not exceeding three years; (c) for the eradication of thistles Bathurst burr wild briar

and gorse and destruction of vermin on commons; (d) for defining the duties rights powers and privileges of

the managers of and the persons entitled to the commons respectively; and

(e) for prescribing penalties not exceeding Twenty pounds for breach of such regulations and the mode of recovery of the same.

(2) All managers of commons in respect of which the Governor in Council has made no regulation fixing the term of office of the managers thereof shall retire from office on the thirty-first day of December in each and every year.

183. (1) All commons heretofore or hereafter proclaimed may be governed by managers appointed as herein provided.


1958. Land. No. 6284 613

(2) Such managers shall during their continuance in office Powers of have power to distrain any cattle and swine trespassing on such mana8ers-common and shall be taken to be occupiers thereof within the meaning of any Act now or hereafter in force relating to the impounding of cattle, and shall be deemed to be owners within the meaning of any Act now or hereafter in force relating to the destruction of vermin or noxious weeds, and shall be taken to have in respect of such common the same power of preventing encroachment and trespass thereon as any bailiff lawfully appointed may by law exercise in respect of any lands of his employer.

(3) Such managers shall not have or exercise any of the rights saving. or powers hereinbefore mentioned in respect to any site that may be occupied within the limits of the common under any lease or licence granted or issued under the provisions of any Act relating to Crown lands or in respect to any timber stone loam clay sand brick and other earth within the limits of the common.

184. The Governor in Council may(o) increase and after one g^gf^jj1

month ' s no t ice in the Government Gazette d iminish al ter o r increase or abolish any common heretofore or hereafter proclaimed and may com'mlSs. re-proclaim the whole or any part of any such common for any of N^709

the purposes and subject to the provisions of this Division; but nothing herein contained shall prevent the exercise of the powers conferred by this Part with respect to the leasing or licensing of any land comprised in any common.

185. When a common is diminished altered or abolished by the Lands taken Governor in Council under the provisions of this Part the lands commons.

so ceasing to be included in a common may be disposed of in any J1"};,!709

manner authorized by the provisions of this Part applying to the class in which such land is included.

DIVISION 1 3 . TRESPASSES, PENALTIES, LEGAL PROCEEDINGS, ETC.

186. Every land officer and every substitute of any land officer Land officer who directly or indirectly seleots or applies for a lease of any fora„

appIy

selection purchase allotment within the district to which he has {f1Jd*em!;nt

been appointed shall thereby forfeit his office and shall also forfeit f J ^ ^ 0 S S the sum of One hundred pounds with full costs of suit which may of office, be recovered by any person who sues for the same in any court of ^ l 7 0 9

competent jurisdiction.

187. Every person who on making application for a lease of a selection purchase allotment or for a licence for an agricultural or grazing allotment under this Act wilfully makes any false statement or refuses to answer any question relating to such application which may be put to him by the land officer or the

(a) Public hearing, see section 34.

Penalty for false statement or refusing to answer questions relating to application. No. 3709 s. 150.

CH 1958. Land. No. 6284

substitute of a land officer or wilfully gives a false answer to any such question shall be liable to a penalty of not less than Ten nor more than Fifty pounds or to imprisonment for a term of not less than fourteen days nor more than six months.

188. Every person who is found in unauthorized occupation of any Crown land or who knowingly and wilfully depastures without authority in that behalf any cattle or swine on any such land not being a common shall be liable on conviction thereof to the penalties following (that is to say)—for the first offence a sum of not more than Five pounds, for the second offence after an interval of fourteen clear days from the date of the previous conviction a sum of not more than Twenty pounds, and for any subsequent offence after a like interval a sum of not more than Fifty pounds, but no proceedings to recover any such penalty may be taken except by some person authorized in that behalf by the Board.

189. (1 ) The Governor in Council may appoint a pound within any area of Crown lands and may appoint any bailiff of Crown lands or other person to be poundkeeper thereof, and the pound fees and the trespass rates collected by the poundkeeper shall be paid into the Consolidated Revenue.

Persons (2 ) Any person authorized in writing by the Board in any authorized to .> , J r • , • i_ J ^i impound particular case may impound in any such pound any cattle ca,,le' trespassing on any such area.

Trespass rates. (3) (a) A pound so appointed shall be deemed to be a pound not within a municipality and the trespass rates to be received by the poundkeeper shall be fixed at Two shillings and sixpence for each horse mare gelding colt filly foal bull cow ox steer heifer calf ass or mule and sixpence for each ram ewe sheep lamb goat or pig.

(b) The trespass rates hereby fixed shall be due and payable by the owner of the cattle or his agent to the poundkeeper or in the case of cattle being driven to a pound to any person authorized as aforesaid who is driving them to a pound appointed as aforesaid or to a pound within a municipality and shall be paid by such owner or agent before the release of such cattle.

(4) So far as consistent with this section the provisions of the Pounds Act 1958 shall apply to such pound and the poundkeeper thereof and all persons whose cattle are impounded and to such cattle.

(5) The provisions of this section shall be read and construed as in aid of and not in derogation of any powers (whether statutory or otherwise) in regard to impounding cattle trespassing on Crown lands.

Penalty for unauthorized occupation or depasturing on lands not commonable. No. 3709 s. 151.

Power to establish pounds on Crown lands. No. 3709 s. 152.

Application of Pounds Act.

Application of section.

1958. Land. No. 6284 615

Crown lands No. 3709

190. Every person not licensed or otherwise authorized under Penalty for this Part or under any other enactment who searches upon any trespasses on Crown land for any gold or minerals within the meaning of the N

ro^°019nds'

Mines Act 1958 or cuts digs or takes from any Crown lands any s.°53. live or dead timber gravel stone limestone salt guano shell sand loam or brick-earth or strips or removes bark from any tree on any Crown lands shall in addition to any punishment or penalty provided by law for such offence be liable in respect of any of the said offences to a penalty of not more than Ten pounds: Provided however that it shall be lawful for any municipality with the consent of the Minister to authorize any officer or other person to enter on Crown lands or remove therefrom without fee or licence any live or dead timber gravel stone limestone sand loam brick or other earth for the purpose of forming or maintaining any public road street or bridge within the municipal district of such municipality.

191. Every person not licensed or otherwise authorized in that Penalty for behalf by the Board who enters upon any Crown lands and rubbish on deposits thereon any dust mud ashes bricks stones timber sewerage soil dung or rubbish shall for a first offence be liable to a sTm penalty of not more than Five pounds and for a second offence to a penalty of not more than Ten pounds and for each subsequent offence to a penalty of not more than Twenty pounds, but no proceedings to recover any such penalty shall be taken except by some person authorized in that behalf by the Board.

192. Every person who wilfully obliterates removes or defaces obliteration of any boundary mark which has been made or erected by or under m°a"k.ary

the direction of any authorized officer of the Board shall be guilty N°-5|709

of a misdemeanour.

193. The lessee and his assigns of a selection purchase Rights of ,. , , ,• i , • • r i , licensee and

allotment and the licensee and his assigns of an agricultural or lessee against grazing allotment and the person or persons in whom the interest or £"^709" any part thereof of any such lessee or licensee may at any time s-156-under this Part become vested and the purchaser of any land under any Act in force before the commencement of this Act shall have—

(a) all the rights as against persons trespassing with any cattle or swine (but not against other mere trespassers) which at law belong to the owner in possession of any land as against trespassers thereon except the right of impounding such cattle or swine; and

(b) the said last-mentioned right when and so soon as the selection purchase allotment or agricultural or grazing allotment or such part of the selection purchase allotment or agricultural or grazing

616 1958. Land. No. 6284

allotment or of any land purchased under any Act heretofore in force as may be trespassed upon is enclosed either alone or with any adjoining land in the occupation of the same person with a substantial fence but not before.

Any unauthorized occupier under a forfeited licence or lease may be forcibly dispossessed. No. 3709 s. 157.

Sixth Schedule.

Seventh Schedule.

194. When any person— (a) occupies any land which was held under any licence

or lease which has expired, or has become forfeited or forfeited and void or has been revoked under this Part;

(b) occupies any land and purports so to do in virtue or under colour of any expired forfeited void or revoked licence or lease; or

(c) remains otherwise in unauthorized possession or occupation of land formerly held under any licence or lease—

and refuses or negleots to deliver up possession of the same to any person authorized by the Board in that behalf, such person or any other person authorized by the Board may apply upon an information to be laid by him in the form set out in the Sixth Schedule to any justice for and such justice shall issue a summons in the form set forth in the Seventh Schedule calling upon the occupier of such land to appear at a time and place to be therein specified before a court of petty sessions consisting of two or more justices (one of whom shall be a stipendiary magistrate) who may hear and determine the matter of such information in a summary way ex parte or otherwise.

Hearing. No 3709 s. 158.

Eighth Schedule.

195. (1) On the production of a copy of the Government Gazette containing a notice that such licence or lease has expired or become forfeited or forfeited and void or been revoked and upon proof to the satisfaction of the court at the time and place specified in the summons or at any adjourned hearing of the said information that the land referred to in such summons is the same as is referred to in the said notice a warrant shall be issued by the justices or one of the justices constituting such court or any other justice which may be in the form or as near as may be in the form contained in the Eighth Schedule.

(2) Any member of the police force or bailiff to whom such warrant is directed may forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession or writ of habere facias possessionem may now be executed by the sheriff.

(3) The jurisdiction of such court shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any such hearing as aforesaid.

1958. Land. No. 6284 617

(4) This and the last preceding section shall not affect any person who lawfully occupies any land therein referred to after the licence or lease thereof has expired and pending only the issue of a lease or Crown grant for such land and who has fulfilled all the covenants and conditions of the licence or lease so far as they are applicable to him.

196. The rent reserved in any lease or the fee payable in Rec0™7of

respect of any licence granted or issued under any Act relating to ucemle-fees. Crown lands including this Act may be levied or recovered by or ^°i5l'!

09

under the authority of the Board in like maner as any rent or fine is •or shall be leviable or recoverable by law.

197. Notwithstanding anything contained in any Act or in any Demand for Jicence or lease thereunder the demand for or acceptance of any S? rem 2c not instalment of purchase money or any rent fee or interest by or on l^JSvcror*1

behalf of Her Majesty or the Minister or the Board subsequently covlSmor to a breach of any covenant or condition of such licence or lease condition-(whether such instalment of purchase money rent fee or interest £°i'6o709

has become due before or after such breach) shall not b e deemed a waiver of such breach notwithstanding that the Board or the Minister or the person receiving the same had knowledge of such breach.

198. A n instrument in writing under the seal of the Board certificate of •certifying that the person named therein has not paid the fees Or facie

rent stated in such instrument to be due by him on any licence non4>ayem0efnt or lease granted under any Act relating to Crown lands and °laVsot

•containing particulars of the amount due and the days on which N0.3709 .such fees or rent became due shall be prima facie evidence of the s'161,

non-payment of such fees or rent and of the amount due and of the time when the same became due.

199. ( 1 ) The Governor in Council may by proclamation Governor in declare that no person although he is duly licensed or otherwise prohibitmay

authorized shall cut dig or remove live or dead timber or any ^ i n 8 ' i m b t T

particular description of timber or bark stone gravel sand loam NO. 3709 brick or other earth from such portions of Crown lands as are s l

named in such proclamation or shall exercise on any such portions the powers or any of them conferred by any licence granted under the authority of Division nine of this Par t .

( 2 ) Every person who acts in contravention of any such Penalty on proclamation shall be liable to a penalty of not more than Ten aglimt"8

p o u n d s . proclamation.

200. If any person is found on any Crown lands whatever Proof. including any portion of Crown lands referred to in the last £0f6

33709

-preceding section having in his possession any live or dead t imber

618 1958. Land. No. 6284

gravel stone limestone salt guano shell sand loam brick earth or bark he shall for the purposes of this Part be deemed to have cut dug taken away stripped or removed the same from Crown lands, and it shall lie on such person to prove that he did not so do or that he had authority so to do.

Destroying fences &c. No. 3709 s. 164.

201. Every person who unlawfully cuts, breaks, throws down or in anywise destroys any building or fence of any description whatsoever or any wall stile or gate or any part thereof respectively on or enclosing any Crown lands or reserves whether assigned to the care of any trustees or any committee of management or not shall on conviction thereof before any two justices (one of whom shall be a stipendiary magistrate) assembled in petty sessions be liable for every such offence to a penalty over and above the amount of the injury done of not more than Ten pounds.

Declarations of forfeiture valid. No. 3709 s. 165.

202. All notices published in the Government Gazette purporting to declare that the Governor in Council has revoked forfeited or declared void any lease or licence issued under any Act at any time in force relating to Crown lands or that any such lease or licence has expired shall be received in all courts of justice and by and before all persons acting judicially as conclusive evidence that the lease or licence was lawfully revoked forfeited or declared void or has expired as the case may be.

Appeal to general sessions. No. 3709 s. 166.

203. Any person who feels himself aggrieved by any conviction or order of any court of petty sessions under this Part may appeal therefrom to the next practicable court of general sessions of the peace having jurisdiction in the district where such conviction has been made.

All Crown grants and certain licences and leases to contain a condition permitting mining on compensation for surface damage.

No. 3709 s. 167.

DIVISION 14.—MISCELLANEOUS.

204. There shall be inserted in every Crown grant of land alienated in fee-simple, and in every licence or lease of land with the right of acquiring the fee-simple thereof and in every perpetual lease a condition or covenant that such land is granted licensed or demised subject to the right of any person being the holder of a miner's right or of a mining lease or mineral lease under the Mines Act 1958 or any corresponding previous enactment to enter therein and to mine for gold or minerals within the meaning of the said Act and to erect and occupy mining plant or machinery thereon in the same manner and under the same conditions and provisions as those to which such person has now the right to mine for gold and silver in and upon Crown lands provided that compensation as prescribed by Part II. of the said Act is paid for surface damage to be done to such land by reason of mining thereon.

1958. Land. No. 6284 619

205. (1) The Governor in Council may resume for mining ^ ^ e d purposes all lands alienated under the provisions of this Part on Jg SSnSSSSj paying full compensation to the licensee lessee or owner for the for mining, value of the land and of the improvements so resumed. ^Tei709

(2) If such value is not ascertained by agreement within one Proceedings. month from the date of the notification by the Governor in Council of his intention to resume the land, then the licensee lessee or owner thereof may proceed before a warden or in the Court of Mines of the mining district in which the land resumed is situate and in manner provided by the Mines Act 1958 (but without assessors) to ascertain the amount of compensation to which he may be entitled under the provisions of this section.

(3) Such licensee lessee or owner shall lodge with the warden ciaim. or the clerk of the said court as the case may be two copies of his claim.

(4) Every Court of Mines held under the provisions of the Jurisdiction. Mines Act 1958 shall have original jurisdiction to hear and determine any claim made for the value as aforesaid of any such land and of the improvements thereon, and every warden shall have jurisdiction to hear and determine any such claim which the Court -of Mines is hereby empowered to hear and determine.

(5) Where any such claim is heard and determined by the Appeal. warden an appeal shall lie to the Court of Mines in whose mining district the land resumed is situated, and the provisions of the Mines Act 1958 with regard to appeals from a warden to a Court •of Mines shall be deemed to be incorporated with this section for the purpose of the bringing hearing and determining of such appeal and enforcing the decision thereon.

(6) The terms conditions and events upon which such lands Regulations, may be resumed shall be determined by regulations in such manner as the Governor in Council from time to time directs.

(7) Where under the provisions of any Act previously in force the Governor in Council was at the commencement of this Act entitled to resume any lands for mining purposes on paying compensation therefor, the Governor in Council, notwithstanding the repeal of such Act, may resume such lands for such purposes in accordance with the provisions of this section.

206. (1) If at any time any licence or lease is issued to an unsurveyed applicant for an agricultural or grazing allotment or selection to have the purchase allotment under this Part and such agricultural or grazing ^"dlfiny allotment or selection purchase allotment has not been surveyed SnttaSaSfe under the direction of the Board, the temporary boundaries thereof of lease, •shall be marked and described by the applicant at his cost. ?°w!w

(2) Any dispute between two or more licensees or lessees respecting temporary boundaries shall be settled by the Minister, o r as he directs.

620 1958. Land. No. 6284

Selector may at any time obtain a Crown grant of 20 acres of his allotment for vineyard or orchard. No. 3709 s. 170.

Exchange of Crown and private land upon alteration of road. No. 3709 s. 171.

(3) All such boundaries shall be liable to be adjusted and permanently fixed by the Board at any time during the continuance of such licence or lease or before the issue of a lease or grant from the Crown of such agricultural or grazing allotment or selection purchase allotment.

207. For the purpose of enabling any selector under any previous Act relating to Crown lands or any licensee or lessee of any agricultural or grazing allotment or selection purchase allotment under this Part or any corresponding previous enactment to establish and cultivate a vineyard hop garden or orchard any such selector licensee or lessee at any time during the term of his licence or lease, upon payment of the difference between the amount of rent actually paid and the entire sum of the purchase money payable in respect of any part of his allotment not exceeding twenty acres in extent, shall be entitled to a grant in fee simple of such part of his allotment when so planted, and every such grant shall be subject to such covenants conditions exceptions and reservations as the Governor in Council may direct.

208. When the course of any road has been or is altered or is about to be altered, if the owner of the land over which the road in its altered state passes or is intended to pass is willing to exchange such land or any part of it for the land traversed by such road in its former or present state or for any part thereof, the Governor in Council may upon such terms as are mutually agreed on accept such exchange, and the Governor in Council may execute the proper conveyances accordingly.

Resumption for roads. No. 3709 s. 172; No. 4095 s. 7.

Detached strips of land may be sold at a valuation.

209. (1) Where in the opinion of the Governor in Council there is no convenient access to any portion of Crown land, he may by notice in the Government Gazette resume such land (not exceeding two chains in width) as may be required for the purpose of giving access thereto; and the Board shall thereupon enter upon and take possession of the land so resumed and proceed as though such land were land which the Board was authorized by an Act of Parliament to take compulsorily in manner provided by the Lands Compensation Act 1958; and compensation shall be made to the owner or owners of such land and shall be ascertained in manner provided in such Act; and such compensation shall include the cost of any fencing rendered necessary by such land being so taken.

(2) Where in the opinion of the Governor in Council there is no convenient access to any portion of Crown lands or where any portion of Crown lands lies between and adjoins any land and any highway, road, creek, river or lake or where any portion of Crown lands forms the only convenient approach to any such land, or where buildings erected on such lands alienated encroach upon any portion of Crown lands, or where any other case of a like

1958. Land. No. 6284 621

nature arises, the Governor in Council may grant in fee-simple such portion of Crown lands not exceeding thirty acres to the owner of the adjacent freehold land, at a price determined by an appraiser appointed by the Board.

Notwithstanding anything in any Act for the purposes of this sub-section any reference herein to the owner of the adjacent freehold land shall be deemed and taken to include a reference to the executor of the will or the administrator of the estate of such an owner.

(3) In any Crown grant issued by the Governor in Council under this section there shall be inserted such covenants conditions reservations exceptions and provisions as to the Governor in Council seem fit.

210. Before any appraiser enters into the consideration of any matters referred to him under this Part, he shall in the presence of a justice make and subscribe the following declaration, that is to say:—

" I do solemnly and sincerely declare that I have no interest either directly or indirectly in the matters in question, and that I will faithfully and honestly and to the best of my skill and ability make any appraisement and valuation required of me under the provisions of Part I. of the Land Act 1958."

211. All persons who before the commencement of this Act have made application under any of the Acts hereby repealed for licences rights or leases to occupy any Crown lands shall in respect of the lands the subject of such applications, if such persons were competent to hold such licences rights or leases under the said repealed Acts, be deemed to be persons making application for licences rights or leases under this Act.

212. (1) No licensee under section forty-nine of The Land Act 1869 of any Crown land shall be debarred from purchasing such land on the ground of the same being auriferous if such licensee is willing to accept a Crown grant thereof including a condition that neither the grantee nor any one claiming through or under him shall be entitled to any compensation in respect of damage to be done to such land or any improvements thereon by mining therein or thereon within the meaning of the Mines Act 1958.

(2) The owner snail place upon the outside of the corner posts of the fence (if any) enclosing such land such distinguishing mark as the Governor in Council may direct, and every owner shall be liable for any contravention of this sub-section upon the information of any person to a penalty of not more than Twenty pounds.

Declaration to be made by appraiser. No. 3709 s. 173.

Applicants for licences rights or leases before commencement of Act not prejudiced. No. 3709 s. 174.

Licensees under section 49 of The Land Act 1869 may obtain grant of auriferous holdings on certain condition.

No. 3709 s. 175.

622 1958. Land. No. 6284

Holder of forest land entitled under certain conditions to purchase. No. 3709 s. 176.

Land in reserved forest not to be sold without consent of Minister of Forests.

213. (1) Where the Board is satisfied that any person has been in undisturbed possession of any portion of forest lands being Crown land whether permanently reserved or not, not forming part of any water reserve, for a period of not less than five years before the first day of July One thousand eight hundred and ninety-nine and has bona fide occupied the same as his home or the home of his family and has made improvements thereon of a permanent and substantial character of not less than Two pounds per acre in value the Board may if it thinks fit provided there are no mining or other valid objections—

(a) permit an allotment in one continuous area as approved by the Board including land so occupied by him not exceeding in all ten acres in extent to be sold to such person at a price to be determined by an appraiser to be appointed by the Board previous to sale; and

(b) may recommend that a Crown grant be issued to any such person for the whole or any part of such land subject to such covenants conditions exceptions and reservations as to the Board may seem fit.

(2) The Governor in Council may thereupon issue such Crown grant as aforesaid accordingly.

(3) If there are mining or other valid objections the Governor in Council may if he thinks fit grant to such person a licence in respect of a like allotment of the said land as is hereinbefore described upon the same terms and conditions and subject to the same licence-fees as if the said licence were granted under section eighty-six.

(4) No portion of forest land within a reserved forest as defined by the Forests Act 1958 may be sold by the Board in pursuance of this section without the consent in writing of the Minister of Forests.

Travelling cattle. No. 3709 s. 177.

Section not to apply to certain counties. Ninth Schedule.

214. (1) Every traveller may while he is travelling depasture his cattle and sheep unless the same are affected with any contagious or infectious disease upon any unsold Crown lands within one-quarter of a mile on either side of any road or track commonly used as a thoroughfare whether such lands are or are not comprised in any common but such cattle and sheep shall be driven every day towards the place of their destination the distance as hereinafter provided.

(2) The provisions of the last preceding sub-section shall not apply to the counties enumerated in the Ninth Schedule or to any counties or districts added thereto as hereinafter provided, but such travellers may within such counties and districts depasture their cattle upon any unsold Crown lands within one quarter of a mile of any surveyed road, but the Governor in Council may by

1958. Land. No. 6284 623

proclamation in the Government Gazette proclaim that all or any of such counties shall be subject to the provisions aforesaid and thereupon they shall be subject to such provisions accordingly.

(3) The Governor in Council may by proclamation published J^jgj,"",0' in the Government Gazette add any counties or districts in such districts. proclamation named and described to the list of counties in the said Schedule and may at any time annul any such proclamation notice whereof shall be published as aforesaid, but no proclamation made under the provisions of this section shall be of any force or effect until one month after the date of such proclamation thereof.

(4) The Governor in Council may by order published in the f0r^^|s

Government Gazette direct that sub-section (1) shall not apply to Crests, any reserved forest or any part of a reserved forest as defined by the Forests Act 1958 and any such order may at any time be revoked by the Governor in Council.

215. (1) Every person intending to drive cattle or sheep across the land of any other person who is possessed of not less than five hundred sheep or through any common shall not less than twelve hours nor more than twenty-four hours before entering upon such land or common give or deliver at the residence of the occupier of such land or at the residence of the herdsman of the common or the manager (if any) residing on such land or if there is no occupier herdsman or manager residing on such land then shall post in some conspicuous place on such land a notice of his intention so to drive such cattle or sheep, and shall by such notice state whence he has brought the same and whither he is driving them; and all such cattle shall be driven every day a distance of not less than eight miles and all such sheep shall be driven every day a distance of not less than six miles in the direction of the place mentioned in the notice as the place to which it is intended to drive such cattle or sheep respectively.(a)

(2) Every person who offends against any of the provisions of this section unless by reason of some cause which appears satisfactory to the court shall for every such offence be liable to a penalty of not more than Twenty pounds.

216. (1) Any surveyor or officer acting under the authority of the Board and any other person acting in aid or under the orders of such surveyor or officer may from time to time without making compensation—

(a) enter into and upon any land not being a garden orchard or ornamental plantation of any person or persons whomsoever for the purpose of making and carrying on any survey authorized by any law heretofore in force or by this Part or by the orders

Notice to be given to occupier of land of intention to drive travelling cattle or sheep. No. 3709 s. 178.

Penalty.

Survey officers may enter upon private lands. No. 3709 s. 179.

(a) See Stock Diseases Act 1958, section 74.

624 1958. Land. No. 6284

Privilege of public officers on duty and of holders of miners' rights. No. 3709 s. 180.

Power to Board to make regulations with respect to reserves not vested in trustees. No. 3709 s. 181; No. 4873 s. 9.

of the Board and for the purpose of fixing any object to be used in the survey on any post stone or boundary mark whatsoever; and

(b) fix and place any such object post stone or boundary mark whatsoever in the land or upon any wall tree or post in the land of any person whomsoever and dig up any ground for the purpose of fixing any such object post stone or boundary mark and cut down and remove any scrub or timber which may obstruct any survey line.

(2) Such surveyor and his assistants and workmen shall do as little damage as may be in the execution of the several powers to them granted by this Part or by such orders.

217. Where any person is employed by the Board or is otherwise engaged in any public service or when any holder of a miner's right is actually engaged in searching upon Crown lands for gold or minerals within the meaning of the Mines Act 1958 if any such person or holder has with him in pursuance and for the purposes of his duty or in the reasonable prosecution of such search any cattle he may during the continuance of such employment or service or search depasture all such cattle upon any Crown lands whether commonable or otherwise and may encamp thereon.

218. (1) The Board may make regulations for or with respect to—

(a) the care protection and management of any land which under the provisions of this Act or of any other Act relating to Crown lands has, whether before or after the commencement of this Act, been reserved for any public purpose whatsoever or for any of the purposes specified in section fourteen of this Act or any corresponding previous enactment and which has not been conveyed to and vested in trustees;

(b) the preservation of good order and decency on such land;

(c) the fixing collection and receipt of tolls entrance fees or other charges for entering in or upon such land or any specified part or parts thereof by persons animals or vehicles;

(d) any other purpose relating to such land which is reasonable and which does not interfere with the purposes for which such land is reserved; and

(e) extending or applying all or any of the regulations made under the foregoing provisions of this sub-section in respect of any land to any other land reserved as aforesaid and not conveyed to and

1958. Land. No. 6284 625

vested in trustees in any case where the persons council or body comprising the committee of management of such first-mentioned land are or is also appointed to be the committee of management of such other land.

(2) Any regulation made by the Board under this section Regulation may confer and impose upon the committee of management of the ™0

a4cr°nJ" land and upon any officer or servant of such committee such "Smmitteeof powers functions authorities and duties as the Board thinks " JggJ!™' necessary or expedient for the purposes of such regulation. and servants

(3) All regulations made by the Board under this section Publication, shall be published in the Government Gazette and shall be posted in some conspicuous place upon the land to which they relate.

(4) Every person who contravenes or fails to comply with Penalty for any regulation made under this section shall for each offence be liable to a penalty of not more than Five pounds.

offences.

(5) Every person who contravenes or fails to comply with / prehension any such regulation and who after he has been warned by any fncasenoVv

bailiff of Crown lands or by any member of the police force does offence,

not desist therefrom may be forthwith apprehended by such bailiff or member of the police force and taken before some justice to be dealt with according to law and shall be liable to a penalty of not more than Ten pounds.

219. (1) In the case of any land which under the provisions Trustees of of any Act relating to Crown lands the Governor in Council either mlayUmaked'i

before or after the commencement of this Act has reserved from witS1Seons

sale permanently for any public purpose whatsoever or for any ^oo^SLt of the purposes specified in section fourteen of this Act or the in council, corresponding section of any repealed Act, and has vested in ^s!™9

trustees or jointly in the Board and trustees, it shall be lawful for the trustees of any such land with the approval of the Governor in Council to make rules and regulations for all or any of the purposes hereinafter mentioned (that is to say):—

(a) For the care protection and management of such land vested in them or any part thereof;

(b) For the preservation of good order and decency in such land or any part thereof; and

(c) For the collection and receipt by such trustees of tolls Exception as

entrance fees or other charges for entering i n O r reserves

upon such land or any specified part or parts cHyeodt1Dthe

thereof: Provided that the foregoing provisions Sndpub™c of this paragraph (c) shall not apply to any parks-lands granted by the Crown to or vested for

626 1958. Land. No. 6284

Local publication.

Publication in Gazelle.

Penalty.

Enforcement.

Power of Governor in Council to disallow regulations.

Vesting of land on appointment of new trustees.

recreation reserves in the council of the city of Melbourne either alone or jointly with the Board nor to any public parks.

(2) No such rules or regulations shall be submitted for the approval of the Governor in Council until one month after they have been published in the Government Gazette and in some newspaper circulating in the municipal district in which the land is situated, and a copy of such rules or regulations has been left with the clerk of such municipal district.

(3) All such rules and regulations shall be published in the Government Gazette and shall be posted in some conspicuous place in the lands to which they relate.

(4) Every person offending against any such rule or regulation or against any rule or regulation in force at the commencement of this Act shall for each offence be liable to a penalty of not more than Five pounds; and every person who so offends, and who after he has been warned by any bailiff of Crown lands or officer or servant of such trustees or by any member of the police force does not desist from so offending, may be forthwith apprehended by such bailiff officer or servant or member of the police force and taken before some justice to be dealt with according to law, and shall be liable to a penalty of not more than Ten pounds.

(5) The Governor in Council may at any time disallow and annul any such rule or regulation, and thereupon such rule or regulation shall have no force or effect.

(6) In the case of any land as aforesaid the Order in Council deed or document appointing any new trustee or trustees of such land shall by virtue of this Act and without further or other conveyance assignment or transfer have the effect of vesting such land in such new trustee or trustees either solely or together with any surviving or continuing trustees (including the Board) as the case may be; and the trustees in whom such land is so vested shall if such land is under the Transfer of Land Act 1958 be deemed the proprietors thereof within the meaning of that Act as if their names appeared or were entered as such proprietors in the register book.

Notice of making of Order in Council.

(7) The Secretary for Lands shall forthwith after the publication in the Government Gazette of any such Order in Council or the execution of any such deed or document give notice to the Registrar of Titles or Registrar-General (as the case requires) of the making of such Order or the execution of such deed or document and forward to him a copy of the Government Gazette in which the Order is published or a duplicate or certified copy of such deed or document (as the case requires).

1958. Land. No. 6284 627

Power to appoint committees of management of certain public parks and reserves vested in trustees.

No. 3709 s. 183; No. 5982 s. 17 (2) (a).

Powers of committee of management.

220. (1) In the case of any land which under the provisions of any Act relating to Crown lands the Governor in Council whether before or after the commencement of this Act has reserved from sale permanently for the purposes of a public park or garden or for the recreation convenience or amusement of the people and has vested in trustees or jointly in the Board and trustees the Governor in Council may on the application of such trustees or such Board and trustees (as the case may be) appoint any number of persons not less than three or any municipal council or the governing body of any corporation or (subject to the Melbourne and Metropolitan Board of Works Act 1958) the Melbourne and Metropolitan Board of Works to be a committee of management of such lands and may if he thinks fit remove any of such persons or such council or body or the Melbourne and Metropolitan Board of Works.(a)

(2) Every such committee or a majority of its members— (a) shall have exclusive authority to do all such acts

matters and things as are necessary for or incidental to the carrying into effect and enforcement of any rule or regulation made by the trustees under their powers in respect to such land;

(b) may either in the name of any one or more of its members or in the name of some person appointed in that behalf by the committee take any legal proceedings for the purposes aforesaid;

(c) subject to such terms and conditions (if any) as the Governor in Council either generally or in any particular case prescribes may for any of the purposes mentioned in this section or for promoting the purposes for which such land is reserved—

(i) carry out works and improvements upon such land;

(ii) employ officers servants and workmen; (iii) receive and expend any revenue from such

land or receive any moneys and expend the same; and

(d) shall furnish to the trustees of such land and to the Board of Land and Works annually a report of its operations and a statement of its receipts and expenditure.

(3) Every officer or servant of the committee and every officers&c.o* officer or servant of the trustees acting under the direction of the committee-committee and every bailiff of Crown lands or member of the

(a) See Melbourne and Metropolitan Board of Works Act 1958, section 215.

628 1958. Land. No. 6284

Effect of acts of committee.

Crown or trustees not liable for costs or expenses.

police force shall have and may exercise all the powers and authorities of officers or servants of trustees bailiffs of Crown lands or members of the police force under the last preceding section.

(4) All acts matters and things done by any committee or a majority of its members under the powers conferred by this section shall have the same force and effect as if done by the trustees.

(5) In no case shall any such trustees or the Board or Her Majesty be liable for any costs or expenses incurred or awarded in connexion with any prosecution under this section.

Power to appoint members of municipal councils &c. to act as a committee of management of any Crown reserves.

No. 3709 s. 184; No. 4873 s. 10. No. 5982 s. 17 (2) (6) .

221. The Governor in Council or the Board may subject to such conditions and for such term of office as the Governor in Council or the Board (as the case may be) in any particular case determines appoint any number of persons not less than three or any municipal council or the governing body of any corporation or (subject to the Melbourne and Metropolitan Board of Works Act 1958) the Melbourne and Metropolitan Board of Works to be a committee of management of any specified Crown land reserved either temporarily or permanently for any of the purposes set out in section fourteen of this Act or any corresponding previous enactment and not conveyed to or vested in trustees and may remove any or all of the persons so appointed or revoke the appointment of any such council or body or the Melbourne and Metropolitan Board of Works.

Powers of committees of management of reserves not vested in trustees. No. 3709 s. 185; No. 4873 s. 11.

222. (1) Every committee of management referred to in the last preceding section or a majority of its members—

(a) may exercise all such powers functions and authorities and shall carry out all such duties as are conferred or imposed upon such committee by any regulations made by the Board in respect of such land and shall have exclusive authority to do all such acts matters and things as are necessary for or incidental to the carrying into effect or enforcement of all such regulations;

(b) may either in the name of any one or more of its members or in the name of some other person appointed in that behalf by the committee or a majority of its members take any legal proceedings for the purposes aforesaid;

(c) may manage improve and maintain such land for the purposes for which it is reserved and for that purpose may employ officers servants and workmen;

1958. Land. No. 6284 629

(d) (subject to there being no interference with the purposes of the reservation) may, notwithstanding anything in this Act, grant a permit to any person to enter with cattle sheep or other animals upon such land and to depasture the same thereon upon such terms and conditions as the committee or a majority of its members determines;

(e) may expend any tolls fees charges or any other moneys received by the committee in the management improvement and maintenance of such land as aforesaid and in the employing of officers servants and workmen as aforesaid and for such other purposes as the Board in any particular case approves; and

(/) shall keep a full and particular account of all sums of money received and expended by the committee, and shall furnish annually to the Secretary for Lands a statement of such receipts and expenditure and of the balances in hand and (if so requested by the Secretary for Lands) full particulars of any or all of such receipts and expenditure.

(2) In no case shall the Board or Her Majesty be liable for ^g,*nfo

nrot

any costs or expenses incurred or awarded in connexion with any expenses. prosecution under this section.

223. All rules and regulations heretofore made (pursuant to powers conferred by any Crown grant) by any trustees of any Crown lands reserved from sale permanently for any of the purposes hereinbefore mentioned shall be and be deemed to be and to have been from the time of the making thereof as valid and effectual as if such rules and regulations had been made under the authority of this Part, and the Governor in Council shall have with regard to such rules and regulations the like powers as if such rules and regulations had been made under the authority of this Part.

Rules heretofore made pursuant to Crown grants validated. No. 3709 s. 186.

224. The word " occupiers " in section six of the Fences Act J^y"°obe 1958 shall for the purposes of such section be deemed to include USSS™ for the trustees or persons having the care control or management of the purpose of

i » i . i , i i . ° agreeing on

any land whether permanently reserved or not. «ne of fence. No. 3709 s. 187.

225. All unbranded wild cattle above the age of twelve months wHdr<Sttiedto

which shall at any time be depasturing on any Crown lands and £5£°ij.t0

which have no reputed or apparent owner shall be and shall be N0.3709 deemed and taken to be the property of Her Majesty; and it shall s-188-

630 1958. Land. No. 6284

be lawful for the Board to cause the same to be sold and disposed of in such manner as the Governor in Council may direct; and the purchaser of such cattle on obtaining the written authority of the Board for that purpose shall be at liberty within such time and in such a manner as may be mentioned in such authority with necessary and proper assistance to shoot or take possession of such cattle, and for that purpose to enter upon any Crown lands whereon the same are depasturing.

226. (1) The trustees or the committee of management of any land reserved either permanently or temporarily for any of the purposes set out in section fourteen of this Act or any corresponding previous enactment shall have power to impound any cattle trespassing on such land, and for that purpose shall be deemed to be occupiers thereof within the meaning of the Pounds Act 1958.

•'•"caMiT""011 (2) In this section " cattle " has the same meaning as in section three of the Pounds Act 1958.

227. Notwithstanding anything contained in the Crown Lands Reserves Act 1893 the Governor in Council may pursuant to the provisions of section fourteen of this Act temporarily or permanently reserve from sale or from being in any manner leased or from having a licence granted in respect thereof any of the Crown lands described in the Schedule to the said first-mentioned Act if any such land in his opinion is not required for the purposes set out in section two thereof, but is required for any of the purposes specified in the said section fourteen.

228. (1) Where any rent royalty licence-fee or other payment under any lease licence or other agreement for the occupation of Crown land is in arrear—

(a) for one year or any longer period—where such rent royalty licence-fee or payment is payable yearly or half-yearly; or

(b) for three months or any longer period—where such rent royalty licence-fee or payment is payable quarterly or for any period less than a quarter—

interest thereon shall (unless otherwise expressly provided) be paid by such lessee licensee or other occupant (as the case may be) at the rate of Five pounds per centum per annum for the period commencing on the day when such rent royalty licence-fee or payment become due and ending—

(i) on the last day of the year last preceding the year in which payment is made—in any case where the rent royalty licence-fee or payment is paid yearly; or

Power to trustees and committees of management of Crown reserves to impound cattle trespassing thereon. No. 4873 s. 12.

Power to reserve certain lands. No. 3709 s. 189.

Interest on rent &c. in arrear. No. 3709 s. 190; No. 4181 s. 6.

1958. Land. No. 6284 631

(ii) on the last day of the half-year last preceding the half-year in which payment is made—in any case where the rent royalty licence-fee or payment is payable half-yearly; or

(iii) on the last day of the quarter last preceding the quarter in which payment is made—in any case where the rent royalty licence-fee or payment is payable quarterly; or

(iv) on the last day of the quarter last preceding the quarter in which payment is made—in any case where the rent royalty licence-fee or payment is payable for any period less than a quarter: Provided that in any case under this sub-paragraph the period for the payment of interest shall commence on the day after the last day of the quarter during which such rent royalty licence-fee or payment became due.

(2) This section shall apply to all leases or licences issued Application under this Act or any repealed Act and shall apply to all leases extended in pursuance of section ninety of the Land Act 1901 or any corresponding previous enactment except as to any rent the payment of which was postponed pursuant to such section or to any such enactment and shall apply to all other agreements for the occupation of Crown land whether made before or after the commencement of this Act.

(3) Nothing in this section shall prejudice or lessen any rights °^^iesnot powers or remedies of Her Majesty or the Board of Land and affected. Works or the Minister under any such licence or lease or agreement for the occupation of Crown land or extend to or confer on any licensee or lessee or other occupant any rights whatsoever in addition to those contained in any such licence or lease or agreement (as the case may be).

229. (1) The Governor in Council shall have power to make Governor in N / . _ - - . - _ * - - ^ /^m>n/.Il man

3s and regulations for the purpose of—

rules and regulations for the purposes hereinbefore mentioned and may make

(a) prescribing the mode of making applications under this Part the indorsing of leases and licences the registering of orders to obtain Crown grants the notifying to the Registrar of Titles of incumbrances on Crown grants to be registered by him;

(b) for providing for the mode in which any land and boundaries shall be surveyed and boundaries adjusted;

regulations. No. 3709 s. 192: No. 4319 s. 22.

1958. Land. No. 6284

(c) for prescribing the form of and the conditions and mode of applying for licences and leases to be issued under this Part, and the conditions upon which the same shall be issued;

(d) for imposing any reasonable charge for surveys or fee for any Crown grant or other document issued or for any registration made under the authority of this Part;

(e) for providing for all proceedings forms of grants leases licences and other instruments;

(/) for providing for the payment by instalments of survey fees by lessees of selection purchase allotments or licensees of agricultural allotments or grazing allotments or by lessees of perpetual leaseholds or conditional purchase leaseholds under any of the provisions of this Act;

(g) for providing that such instalments may be added to and form part of the licence-fees rent or instalments payable in respect of any land under licence or lease and be recoverable accordingly;

(h) prescribing the mode in which any land occupied as a residence area may be transferred under this Part or any lien or encumbrance thereon created and any such lien or encumbrance assigned or discharged, and the rights or obligations of any assignee lienee or encumbrancer of or upon any such land and the order of priority of any two or more of such lienees or encumbrancers;

(/) prescribing the mode of obtaining possession of land as a residence area (including the marking out of the same); and

(/') for more fully carrying out the objects and purposes of this Part and providing for the execution of all matters and things arising under and consistent with this Part not herein expressly provided for and for guarding against evasions and violations of this Part.

(2) All such rules and regulations upon being published in the Government Gazette shall be valid in law as if the same were enacted in this Part and shall be judicially noticed; and all such rules and regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

1958. Land. No. 6284 633

PART II.—SPECIAL PROVISIONS FOR MALLEE LANDS.

230. In this Part unless inconsistent with the context or subject-matter—

" Board " means the Board of Land and Works.

" Mallee country " means the lands situated within the boundaries set forth in the Tenth and Eleventh Schedules.

" Owner" includes every person having an estate of freehold in possession and every person in occupation of land held by him under a title derived from such person.

" Perpetual lessee" includes any transferee assignee and representative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of law, and shall be deemed to be included in the terms " owner " and " proprietor " in every Act where such terms refer to lands, and in the term " occupier " in the Fences Act 1958.

" Regulations " means regulations under this Part or under the provisions of Part I. incorporated in this Part.(a)

" Selection purchase allotment" means any quantity of land not exceeding six hundred and forty acres of first class land or one thousand acres of second class land or one thousand two hundred and eighty acres of third class land or one thousand six hundred acres of fourth class land or ten thousand acres of class four A land.

" Vermin " includes dingoes or native dogs, dogs run wild, dogs at large, foxes, rabbits, and any other animal or any bird which the Governor in Council may by proclamation in the Government Gazette declare to be vermin for the purposes of this Part.

Interpretation. No. 3709 s. 193; No. 4095 s. 8 ( 1 ) (a) . " Board."

" Mallee country." Tenth Schedule. Eleventh Schedule. " Owner."

" Perpetual lessee."

1 Regulation.'

" Selection purchase allotment."

1 Vermin."

DIVISION 1. CLASSIFICATION AND LEASES.

Subdivision 1.—Classification and Limits of Selection.

231. (1) For the purpose of classifying all such land as the ^"nJ0

Minister directs in the Mallee country there shall be constituted ^J?^""011

Boards of three members to be called Mallee Classification Boards, NO. 3709 s. 194.

(2) Such Boards shall be appointed by the Governor in J*1^™,"' Council and shall consist of officers of the Department of Crown Lands and Survey or other competent persons.

(a) See sections 4, 232 (3) and 235.

1958. Land. No. 6284

Removal.

Quorum.

Evidence.

Penalty.

Classification of Mallee lands. No. 3709 s. 195.

Unimproved value.

Application of provisions as to land classification boards or Mallee classification boards.

Selection in Mallee. No. 3709 s. 196: No. 4095 s. 8 (1) ( 6 ) , ( c ) . No. 4597 s. 2 (2) , No. 4636 8.2.

Limit of selection.

(3) The Governor in Council may at any time remove any member of such Boards and appoint some other person thereto, and may in the case of the absence or continued illness or inability of any member to perform his duties appoint some person to act as substitute for such member during such absence illness or inability.

(4) Any two members of the Board shall be a quorum and shall have all the powers and authority conferred upon Mallee Classification Boards by this Act.

(5) The provisions of sections fourteen fifteen and sixteen of the Evidence Act 1958 shall apply as if the Mallee Classification Board had been expressly mentioned therein instead of a board appointed by the Governor in Council.

(6) Every person who wilfully and corruptly makes upon oath any false statement to the Board shall be liable to the penalties of perjury.

232. (1) Land in the Mallee country shall be divided by the Mallee Classification Boards into the following classes namely:—

(a) First class land, the unimproved value of which is One pound per acre;

(b) Second class land, the unimproved value of which is Fifteen shillings per acre;

(c) Third class land, the unimproved value of which is Ten shillings per acre;

(d) Fourth class land, the unimproved value of which is Five shillings per acre; and

(e) Class four A land, the unimproved value of which is Four shillings per acre.

(2) In this Part the unimproved value of any land means the value of such land as if the same were not cleared or cultivated, and there were no fences buildings or other improvements thereon.

(3) For the purposes of this Division the provisions of section eight of this Act are hereby incorporated with this Division and shall with such alterations modifications omissions and substitutions as are necessary be read and construed accordingly, and for the purposes of this sub-section any reference in the said section to a land classification board shall be read and construed as a reference to a Mallee Classification Board, and the said section shall be read and construed as if the words " and may increase or diminish the lands in the classes affected accordingly " (wherever occurring) were omitted therefrom.

233. (1) Subject to this Act the Governor in Council may if he thinks fit issue a selection purchase lease or perpetual lease to occupy land in the Mallee country.

(2) The total acreage which may be selected whether under selection purchase lease or perpetual lease by any one applicant in the Mallee country including any land previously selected by him

1958. Land. No. 6284 635

therein shall not exceed six hundred and forty acres of first class land or one thousand acres of second class land or one thousand two hundred and eighty acres of third class land or one thousand six hundred acres of fourth class land or ten thousand acres of class four A land.

234. ( 1 ) F o r the purpose of ascertaining the quantity of land ££f°{;t(j°ni,te

of any one class which is equivalent to any quantity of land of ascertained. any other c lass— S

N < J 9 7 ? 0 9

(a) six hundred and forty acres of first class land shall ^O8<i?5<:<o. count as equal to one thousand acres of second class land or one thousand two hundred and eighty acres of third class land or one thousand six hundred acres of fourth class land or ten thousand acres of class four A land;

(b) one thousand acres of second class land shall count as equal to one thousand two hundred and eighty acres of third class land or one thousand six hundred acres of fourth class land or ten thousand acres of class-four A land;

(c) one thousand two hundred and eighty acres of third class land shall count as equal to one thousand six hundred acres of fourth class land or ten thousand acres of class four A land; and

(d) one thousand six hundred acres of fourth class land shall count as equal to ten thousand acres of class four A land—

and any greater or lesser quantity of any class of any such land shall bear the like proportion to land of any other class or classes and shall count accordingly.

(2) Wherever in this Part there is a reference to any area of land of any class such reference shall unless inconsistent with the context or subject-matter be construed as a reference to a proportionate area of land of that class and any other class or classes or of land of any other class or classes only, such proportion to be ascertained as provided in sub-section (1) .

235. U p o n the issue of a selection purchase lease of a £^pJj{:,|!jj{m

selection purchase allotment or a perpetual lease of an allotment provisions of pursuant to any of the provisions of this Pa r t such allotment and selection in

the lessee thereof shall so far as is consistent with this Part be country.

subject to the same conditions as selection purchase allotments and ^3709 selection purchase lessees or perpetual lessees (as the case may be) are subject under Part I.; and the provisions of Part I. applicable to selection purchase allotments or the lessees thereof or perpetual lessees or any persons whomsoever shall except as in this Part

636 1958. Land. No. 6284

Mallee lands available for selection. No. 3709 s. 199.

Additional covenants and conditions to be inserted in selection purchase leases of Mallee lands. No. 3709 s. 200; No. 4095 s. 8 (2). Portion of allotment to be cleared and cultivated. Protection or planting of trees on allotment.

Condition in Mallee leases as to water storage.

otherwise provided apply to every such selection purchase allotment or allotment under perpetual lease and any lessee thereof and any such person.(a)

Subdivision 2.—Selection Purchase Leases.w

236. Any unalienated land of the Crown being part of the Mallee country notified by the Governor in Council in the Government Gazette as available for being selected shall be available for being selected under selection purchase lease pursuant to the provisions of this Part.

237. (1) Every selection purchase lease of any land in the Mallee country shall in addition to any other covenants and conditions contain conditions and covenants to the following effect:—

(a) Except in the case of class four A land a covenant that the lessee shall within two years after the date of the lease clear and cultivate to the satisfaction of the Board at least one-fourth of his allotment;

(b) A covenant that the lessee shall during the term of the lease and to the satisfaction of the Board and as and where the Board may direct, protect, or cause to be protected from fire or any other destruction whatsoever all indigenous trees growing upon an area of not less than three per centum of the total area of his allotment: Provided that the Board may if it thinks fit by writing under the seal of the Board in lieu of this covenant permit the lessee as and where the Board may direct to plant to the satisfaction of the Board a like area with trees of such kind or kinds in such manner and in such numbers as may be prescribed by regulation;

(c) A condition that the lessee during the first two years of the term of the lease shall, unless the State Rivers and Water Supply Commission in the case of that lease certifies in writing that the storage is not necessary, make provision (to the satisfaction and in accordance with the requirements of the said Commission) on the allotment for the storage of water in the proportion of two thousand five hundred cubic yards storage to each six hundred and forty acres of the allotment and in the like proportion for a greater or less area; but, unless the said Commission certifies as aforesaid, in no case shall less than one thousand five hundred cubic yards storage be provided on an allotment.

(a) See sections 4 and 68 (4). (b) As to investment by trustees in mortgages of selection purchase leases,

see Trustee Act 1958, section 4.

1958. Land. No. 6284 (337

(2) The provisions of the covenant referred to in paragraph (c) of sub-section (1) shall not apply in the case of any allotment unless and until the said Commission has made provision for the conveyance by channels or otherwise of water to the boundary of such allotment or some part thereof.

238. (1) Where any portion of a selection purchase Application of allotment possession of which has been resumed by or on behalf of wher'e101" Her Majesty is afterwards comprised in a selection purchase resumed and

allotment there shall to the extent provided in section two hundred iacased.ards

and forty six of this Act be paid by the selection purchase lessee of N0.3709 such portion the amount of any sum whatever paid or payable to the outgoing lessee of such allotment by Her Majesty or the Governor in Council or the Board for improvements of a permanent character on such portion and for the lessee's interest in the lease thereof.

( 2 ) The provisions of the said section shall extend and apply to the cases mentioned in this section and with such modifications and substitutions as may be necessary shall be read and construed accordingly.

Subdivision 3.—Perpetual Leases. 239. Every perpetual lease of any land in the Mallee country conditions in

shall be dated the first day of January or July in any year and shall lease. in addition to any other covenants and conditions(a) contain the ^jb"09

following conditions:— (a) A condition that the perpetual lessee his executors Residence on

administrators or assigns shall within six months leasehold and

after the granting of the perpetual lease reside conditions.

upon the land demised or within five miles thereof and that he or they shall reside upon the land demised or within five miles thereof for at least six months during the first year of the term of such lease and for at least eight months during each of the second third fourth and fifth years of such term: Provided that if he or they cultivate to the satisfaction of the Board at least one-fourth of the said allotment within the first four years of such term and at least one-half thereof before the end of the sixth year of such term or if he or they improve the said allotment to the satisfaction of the Board during the first six years of such term to the value per acre of Ten shillings or Seven shillings and sixpence or Five shillings according to whether the land is first second or third class or to the value per acre of Two shillings and sixpence in the case of fourth class or class four A land this condition as to residence shall not operate;

(a) See section 55. VOL. iv.—21

638 1958. Land. No. 6284

Certain trees not to be cut damaged or removed.

Timber belts to be protected from fire.

Tree-planting.

Notice to mortgagee of breach of conditions.

(b) A condition that the perpetual lessee his executors administrators or assigns will not cut damage remove or cause to be cut damaged or removed any live pine box or redgum trees growing upon the land demised except upon the receipt of a special permit by the Minister: Provided that the lessee shall not be guilty of a breach of this condition if he proves that any tree cut damaged or removed was required and actually used for the purpose of fencing such land or constructing thereon any building or improvement and not for any other purpose;

(c) A condition that the perpetual lessee his executors administrators or assigns will protect or cause to be protected from fire or other destruction to the satisfaction of the Board all belts or clumps of pine box or redgum trees growing upon the land demised;

(d) A condition that the perpetual lessee his executors administrators or assigns will during the first five years after the date of the lease plant trees on such land in accordance with regulations. The number of acres so to be planted and the kind and number of trees with which they are to be planted shall be prescribed by regulation;

(e) A condition that if there is an existing registered mortgage over such lease the lease shall not be annulled for the breach of any covenant or condition thereof unless such breach has been continued after three months' notice in writing of such breach has been sent by the Board through the post-office to the mortgagee at his address appearing in the register-book.

Rent under perpetual lease. No. 3709 s. 203.

How value of land to be determined.

24©. (1) The rent payable by the perpetual lessee shall be up to the first day of December One thousand nine hundred and sixty-three, such amount per annum in every case as has been or is fixed by the Board, and so for every successive period of ten years from such date such amount per annum as is fixed by the Board.

(2) The Board shall in fixing the amount per annum of rent payable in each case estimate the value of the land comprised in the perpetual leasehold as if the same were freehold land not cleared or cultivated and without any fences buildings or other improvements thereon, and shall fix the rent payable at an amount equal to One pound five shillings per centum of such estimated value.

1958. Land. No. 6284 639

241. (1) Any perpetual lessee of any land in the Mallee JJjj^g^ country may in writing apply at any time for permission N0.3709 to surrender his lease to Her Majesty. 8-2'M-

(2) If the Board is satisfied that the applicant holds the ^Jetton allotment bona fide for his sole use and benefit and that such f^ase

surrender is approved of in writing by any mortgagee of such lease the Governor in Council may if he thinks fit accept such surrender and on payment of such fee as may be prescribed by the regulations issue to such applicant a selection purchase lease (residential or non-residential) for such allotment, but in the case of Class four A land the rent payable under the selection purchase lease and the value of the improvements to be effected on such land shall not be less than would be the case if such land were land of the fourth class.

(3) Any such applicant who has been so granted a selection Leas* may be purchase lease and who proves to the satisfaction of the Board that he has continuously occupied his allotment under perpetual lease or formerly under Mallee allotment lease or both under Mallee allotment lease and perpetual lease may if the Minister thinks fit have his selection purchase lease therefor dated from the first day of January or the first of July in the half-year in which he commenced to occupy such allotment, and in the event of his occupation of such allotment not having been continuous may if the Minister thinks fit have his selection purchase lease therefor so dated from the first day of January or the first day of July in any year as to cover in the aggregate the periods during which he has so occupied his allotment and such lease shall thereupon be deemed to have been issued on such date :

Provided that if the Governor in Council accepts such frsrseened°Je<1

surrender as aforesaid, and if any such applicant who is the penwmai lessee of a perpetual lease which has been held by him for a Mallee land period of at least six years proves to the satisfaction of the Shears'" T3r»ot-/-l entitled under DOdlU certain

conditions to (a) that he has occupied his allotment under perpetual fe^JJural

lease or formerly under Mallee lease or both £*$*£ under Mallee lease and perpetual lease for a le**-period or for periods covering in the aggregate a period sufficient to comply with the conditions with respect to occupation which he would have been required to comply with—

(i) if he had held under an agricultural licence; or

(ii) during the first six years of a selection purchase lease if he had held under such a lease; and

6*0 1958. Land. No. 628-

Improvemnls to be credited.

Adjustments

Lien for mortgage.

Transfer of mortgage from perpetual to selection purchase lease.

(6) that he has complied with such other covenants and conditions in his perpetual lease or Mallee lease or both (as the case may be) as he would have been required to comply with—

(i) if he had held undet an agricultural licence; or

(ii) during the first six years of a selection purchase lease if he had held under such a lease—

the Governor in Council may notwithstanding anything in this Part on payment of such fee as is prescribed by the regulations issue to such applicant—

an agricultural lease; or at the option of the applicant a selection purchase lease

dated not less than six years before the issue thereof— and such applicant shall be deemed to be in the same position as if he had duly complied with all the covenants and conditions of an agricultural licence of such allotment or (as the case may be) of a selection purchase lease thereof so far as the first six years of such a lease are concerned.

(4) The applicant shall on the issue of the selection purchase lease to him be entitled to have all substantial and permanent improvements on such allotment valued by the Board and to be credited with such improvements as if made under and pursuant to the condtions and covenants of the selection purchase lease.

(5) The Governor in Council may in the selection purchase lease make all necessary adjustments accordingly.

(6) Where a selection purchase lease is issued pursuant to this section the lessee may at any time during the first six years of the term of the lease give to any person who at the time of surrender of the perpetual lease was a mortgagee thereof a lien on his improvements to the full amount due on such mortgage at the time of such surrender; and the provisions of this Act relating to liens shall apply to the lien given pursuant to this section.

(7) Where the perpetual lessee of a selection purchase allotment or part thereof has given an existing registered mortgage in respect thereof the mortgage without further or other authority than this Act shall in the event of such perpetual lessee obtaining a selection purchase lease dated not less than six years before the issue thereof be transferred and apply to such selection purchase lease and to the land thereby demised in all respects as if such lease were referred to in the mortgage, and a memorial shall be indorsed by the Registrar of Titles as an encumbrance on such lease on his registering such lease and

1958. Land. No. 6284 641

a memorandum stating the fact of such transfer shall also be made by the Registrar on the original registered instrument of mortgage.

(8) Where any perpetual lessee has surrendered his lease Postponement

and has been granted a selection purchase lease the amount of Elm!™""ot

any arrears of rent due in respect of the surrendered perpetual lease together with the amount of rent which would have been payable under the selection purchase lease if it had been issued on the date from which the same is dated shall be divided into equal instalments and shall be added to the rent payable under the selection purchase lease during such time not exceeding fourteen years as the Minister shall determine, and shall be deemed and taken to be part of the rent thereof. The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of the surrendered perpetual lease shall be credited as part of the rent payable on the selection purchase lease, and any occupation of the land comprised in the surrendered perpetual lease shall be deemed and taken to be occupation under the selection purchase lease.

(9) For the purposes of this section the words "perpetual J ™ ^ 0 °' lessee" shall be deemed and taken to include any person holding lessee ' an allotment under an agreement in writing with the perpetual tumnder. lessee thereof made bona fide and for valuable consideration for the transfer to such person of the perpetual lease of the allotment.

DIVISION 2 . GENERAL.

242. (1) This section shall apply with respect to all lands be0"nierZV,n in the Mallee Country referred to in the Twelfth Schedule. various

J instruments.

(2) In addition to any other conditions required under this s.205; Act there shall be inserted— i°(jf(»).

(a) in every licence or selection purchase lease of any IcTedule. such lands a condition to the effect that the cultivation. licensee or lessee shall clear and cultivate to the satisfaction of the Board at least one-fourth of his allotment within two years after obtaining a permit licence or lease (as the case may be) to occupy the land;

(b) in every licence and in every lease issued in Residence pursuance of any licence and in every selection and 'aSm:. purchase lease a condition to the effect that the land referred to therein shall at all times during the currency thereof be maintained and used for the purpose of residence or for the purpose of agriculture and grazing; and

(c) in every lease and every Crown grant of any such conditions in lands issued in pursuance of the conditions of

Grown grant.

642 1958. Land. No. 628*

any licence and in every selection purchase lease and every Crown grant issued in pursuance thereof conditions to the effect—

protection (i) that the lessee or the grantee or the owner SffrSr1"* of the land for the time being (as the

case may be) shall as and where the Board may direct and to the satisfaction of the Board protect or cause to be protected from fire or any other destruction whatsoever all indigenous trees growing upon an area of not less than three per centum of the total area of the allotment: Provided that the Board may if it thinks fit by writing under the seal of the Board in lieu of this condition permit the planting as and where the Board may direct and to the satisfaction of the Board of a like area with trees of such kind or kinds in such manner and in such numbers as may be prescribed by regulation; and

i,ii) that in the event of a breach of any such condition the Crown may at any time re-enter upon the land and hold possess and enjoy the same as fully and effectually to all intents and purposes as if the lease or Crown grant had never been made: Provided always that any breach of the condition set forth in the last preceding sub-paragraph may be waived by the Governor in Council if the lessee grantee or owner (as the case may be) or any mortgagee or lienee complies within twelve months after notice in writing under the seal of the Board of the occurrence of any such breach with the requirements of the said condition to the satisfaction of the Board.

Lease or (3) When any such licence or lease or Crown grant of any u.rcontlhfnt such land is issued such land shall be described in such licence [hisrsectfoSn0 lease or grant as being subject to this section, and when any

certificate of title is issued in respect of any land which is so described such land shall be stated to be subject to this section, and no land as to which any Crown grant is issued shall be deemed to be subject to this section unless such land is so described in the Crown grant thereof.

1958. Land. No. 6284 643

( 4 ) In the case of lands referred to in sub-section ( 1 ) the condition of following provisions shall have effect:— agriculture

° r . &c. not to be (a) No Crown grant hereafter issued in respect of an {jj^jp

allotment of any such lands held under licence Maiieeiand or demised under Part II. of the Land Act 1928 or any corresponding previous enactment shall contain a condition to the effect that the land referred to therein shall at all times be maintained and used for the purpose of residence or for the purpose of agriculture and grazing;

(b) Where a Crown grant of an allotment of any such lands held under licence or demised under Part II. of the Land Act 1928 or any corresponding previous enactment contains a condition to the effect aforesaid such condition shall cease to have any further force operation or effect; and any failure to comply with such condition shall not be deemed to be a breach or non-fulfilment of the condition of the Crown grant;

(c) Where a licence lease or selection purchase lease of an allotment of any such lands held on licence or demised under Part II. of the Land Act 1928 or any corresponding previous enactment provides for the insertion of a condition to the effect aforesaid in the Crown grant of the land held or demised as aforesaid such provision shall cease to have any further force operation or effect;

(d) Upon production to the Registrar of Titles of any p0werot Crown grant lease or selection purchase lease xft?es"arot

containing such a condition or provision as is referred to in this sub-section he shall cause to be indorsed on such Crown grant lease or selection purchase lease a memorandum setting forth the effect of this sub-section.

243. (1) Every lease of a selection purchase allotment and condition as every lease issued pursuant to any licence and every perpetual ^ym ° lease of an allotment in the Mallee country shall contain a s-*<>6-condition in the form or to the effect of the Third Schedule to schedule. this Act.

. ( 2 ) There shall be inserted in every lease of lands in the covenants in Mallee country a covenant that the land demised is granted and Mauee held subject to a condition that any person holding a miner's country-right or a gold mining lease or a mineral lease shall have the right and shall be allowed to enter upon such lands and search for gold or minerals within the meaning of the Mines Act 1958 as the case may be and to mine thereon and to erect and occupy

644 1958. Land. No. 6284

Saving. No. 3709 s. 207.

Surrender of selection purchase leases in Mallee. No. 3709 s. 208.

Acceptance of surrender and issue of perpetual lease.

Occupation and improvements under surrendered lease.

Provision for payment of arrears.

When demised land is resumed or term expires sums paid to lessee for improvements &c. chargeable to incoming lessee. No. 3709 s. 209.

mining plant or machinery without making compensation to the lessee thereof for surface or other damage, except compensation for surface damage done to any improvements.

244. (1) Nothing in the last preceding section shall be deemed to affect any right of any person to receive compensation from the Board, or any power of the Board to fix and allot any compensation, which right or power would have existed if the Land Act 1928 had not passed.

(2) Where before the commencement of the Land Act 1928 any lease has been issued which did not contain the conditions required to be included therein by sections two hundred and six and two hundred and seven of the Land Act 1915 or any corresponding previous enactment, or any of such conditions such lease shall not by reason only of such omission be void or voidable.

245. (1) Any lessee of a selection purchase allotment in the Mallee country may at any time apply to the Board for permission to surrender his lease of such allotment and to obtain a perpetual lease thereof.

(2) If the Board is satisfied that the applicant holds the allotment bona fide for his sole use and benefit, and also that there is no outstanding registered mortgage or lien on such lease the Governor in Council may if he thinks fit accept the surrender thereof and may subject to the provisions of this Part grant to the applicant a perpetual lease of the allotment or any part thereof.

(3) The lessee shall on such surrender be entitled to have all substantial and permanent improvements valued by the Board and to be credited with the same as if made under the conditions and covenants of the perpetual lease and any occupation of the land comprised in the surrendered lease shall be deemed and taken to be occupation under the perpetual lease and the Governor in Council may in the perpetual lease make all necessary adjustments accordingly.

(4) The amount of any arrears of rent due in respect of such surrendered lease shall be divided into equal instalments and shall be added to the rent payable under the perpetual lease during such time not exceeding twenty years as the lessee may agree upon with the Board and as the Governor in Council shall in such lease determine and shall be deemed and taken to be part of the rent thereof.

246. (1) Where any portion of a Mallee block or Mallee allotment possession of which has been resumed by or on behalf of Her Majesty or where any portion of a Mallee block or Mallee allotment the lease of which has expired is afterwards comprised in a selection purchase lease or perpetual lease there shall to the extent provided in the next succeeding sub-section be paid by the selection purchase lessee or

1958. Land. No. 6284 645

perpetual lessee of such portion the amount of any sums whatever paid or payable to the outgoing lessee of such Mallee block or Mallee allotment by Her Majesty or the Governor in Council or the Board for improvements of a permanent character on such portion and for the lessee's interest in the lease thereof.

(2) Such amount shall be determined by the Board °fe^™u

1n';

,10i'f'

n

immediately before the issue of a lease of such portion and improvements shall not exceed the value of such improvements and the lessee's interest in the lease of the portion of the Mallee block or Mallee allotment at the time of such determination as so determined by the Board.

(3) If such amount is not paid by the selection purchase Mode of

or perpetual lessee within one month after such determination improve-

then the same shall be payable in half-yearly instalments of IScomins such sums extending over the whole or any part of the term of Threlpl'* the lease not exceeding six years as the Board may fix and shall cent- mten»-bear interest at the rate of Three pounds per centum per annum to be computed with respect to each instalment for the period which has elapsed between the date of the lease and the end of the half-year in which payment of such instalment is made.

(4) Any default in the payment of any half-yearly instalment Default. i with interest on such amount shall have the like consequences as a default in the payment of rent under a lease and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law.

247. (1) Where— When demised land

(a) the perpetual lease of any land is declared void; or improvements v ' r r J ' chargeable to

(b) the lessee of a selection purchase allotment fails to lessee ami to

comply with or commits a breach of any of the distributed by covenants or conditions of his lease and the lease Board" . . j i j • j No. 3709

is in consequence declared void— s. 210. and the land included in such perpetual lease or selection purchase allotment or any portion thereof is afterwards leased as a selection purchase allotment or otherwise, there may if the Board thinks fit be added to the rent of such land or portion the amount of the value of any improvements thereon of a permanent character.

(2) Such amount shall be determined by the Board immediately before the issue of such lease and shall not exceed the value of such improvements as determined by the Board.

646 1958. Land. No. 6284

Mode of payment for improvements by incoming lessee with Three per cent, interest.

Amount payable to persons entitled thereto.

(3) Such amount shall be payable in half-yearly instalments of such sums extending over the whole or any part of the first six years of the term of the lease as the Board may fix and shall bear interest at the rate of Three pounds per centum per annum to be computed with respect to each' instalment for the period which has elapsed between the date of the lease and the end of the half-year in which payment of such instalment is made.

(4) Any default in the payment of any half-yearly instalment with interest on such amount shall have the like consequences as a default in the payment of any rent under a lease and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law.

(5) The whole or any part of any amount determined by the Board and paid by any lessee in pursuance of this section may if the Board thinks fit be paid to such person as appears to the Board to be entitled thereto.

Crown grants &c. to describe lands as in Mallee country otherwise this section to be inapplicable.

No. 3709 s. 211 (10).

Penalty for cutting certain live trees without permission from Minister. No. 3709 s. 214.

No penalty if trees required only for fencing or building.

Tree-planting.

248. When any licence lease selection purchase lease or Crown grant is issued of lands in the Mallee country such lands shall be described in such grant lease or licence as being in the Mallee country and when any certificate of title is issued in respect of any lands which in any Crown grant issued before or after the commencement of this Act are described as being in the Mallee border or Mallee country such lands shall be described in such certificate as being in the Mallee country, and no lands as to which any Crown grant is issued before or after the commencement of this Act shall for the purposes of this section be deemed to be in the Mallee country unless in the Crown grant thereof they are described as being in the Mallee country or the Mallee border.

249. (1) Every lessee of a selection purchase allotment or licensee or lessee of an agricultural allotment granted after the first day of July One thousand eight hundred and ninety-nine who without a special permit signed by the Minister cuts damages or removes or causes or permits to be cut damaged or removed any live pine box or redgum tree growing on the land demised or licensed shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Five pounds for each and every such offence.

(2) No person shall be deemed to be guilty of such an offence if he proves that any tree so cut damaged or removed was required and actually used for the purpose of fencing such land or constructing theron any building or improvements.

(3) In every lease of land in the Mallee country there shall be contained a condition that the lessee shall during the first five years after the date of the lease plant on such land trees of such kind or kinds in such manner and in such numbers as may be prescribed by regulations.

1958. Land. No. 6284 647

DIVISION 3.—NORTH-WEST MALLEE SETTLEMENT AREAS.

250. (1) In this Division unless inconsistent with the interpretation. . .. u - » „ No. 5321 s. 2. context or subject-matter—

" Committee " means the North-West Mallee Committee " Committee."

constituted under this Division. "North-West Mallee" means the area described in the M*°e

reh"W<iSt

Tenth Schedule to this Act. Tenth Schedule.

" Occupier" of land means any person having any •• occupier.-estate or interest in such land, whether actually in occupation of such land or not.

" Prescribed" means prescribed by this Division or by "Prescrib£d" the regulations.

" Regulations" means regulations made under this ". Return-Division.

" Settlement area" means any North-West Mallee " settlement Settlement Area proclaimed under this Division or any corresponding previous enactment.

(2) If any doubt arises in any particular case as to what Holdings. land constitutes a holding for the purposes of this Division the Board of Land and Works, after considering a recommendation from the Committee, shall finally and conclusively determine the matter.

251. (1) For the purposes of this Division there shall be X0"";^8' a North-West Mallee Committee which shall consist of— Committee.

No. 5321 s. 3 -

(a) the Secretary for Lands, who shall be chairman ; (b) a field officer of the Lands Department appointed

by the Governor in Council; (c) an officer of the State River and Water Supply

Commission appointed by the Governor in Council ;

(d) a person appointed by the Governor in Council as being experienced in Mallee conditions.

(2) Each member appointed by the Governor in Council shall be entitled to hold office for such term, not exceeding three years, as is specified in the instrument of his appointment and shall be eligible for re-appointment.

(3) Subject to the regulations the Committee shall regulate Procedure. its own proceedings.

(4) Each member of the committee shall severally be Expenses of . . , . , . J members.

entitled to receive such expenses as are prescribed, and the member referred to in paragraph (d) of sub-section (1) of this section shall be entitled to be paid such fees as are prescribed.

648 1958. Land. No. 6284

Function of Committee. (5) The function of the Committee shall be to inquire into

and make recommendations to the Board of Land and Works concerning—

(a) the reallocation of lands within the North-West Mallee ;

(b) which occupiers of lands in the North-West Mallee should for the purposes of this Division be required to surrender to the Crown their estates and interests in any such land ;

(c) the amount of payments that should be made to occupiers of lands in the North-West Mallee who surrender to the Crown their estates or interests in any such land in connexion with any reallocation of lands under this Division ;

(d) any other matter relating to settlement in the North-West Mallee which is prescribed or referred to the Committee by the Board for inquiry and recommendation.

Proclamation ot settlement areas. No. 5321 s. 4.

252. The Governor in Council may from time to time by proclamation published in the Government Gazette declare any area of land in the North-West Mallee to be a North-West Mallee Settlement Area for the purposes of this Division.

Surrender of land in settlement areas. No. 5321 s. 5; No. 5401 s. 2.

Compensation.

253. (1) If any area has been so proclaimed as a settlement area any person who is an occupier of land within such area may by notice in writing to the Board of Land and Works offer to surrender his estate or interest in such land to the Crown, and if the Board approves of such offer such land shall be deemed to be unalienated land of the Crown upon notification to that effect being published in the Government Gazette.

(2) Without affecting the generality of the last preceding sub-section, in any case where the Board deems it essential that vacant possession of any land in a settlement area should be obtained to facilitate the reconstruction of holdings within such settlement area the Board may, by notice in writing to any person who is an occupier of such land and who has not offered to surrender such land pursuant to the last preceding sub-section, require such person to vacate such land within a period specified in such notice and such notice shall for all purposes be deemed to be an offer by such occupier to surrender such land under the last preceding sub-section.

(3) The Board of Land and Works may out of moneys available for the purpose grant to any occupier of land within a settlement area, who under this Division surrenders or is deemed to surrender to the Crown his estate or interest therein but does not participate in any reallocation of land within the

1958. Land. No. 6284 649

settlement area, such sum not exceeding One thousand and fifty pounds in respect of any one holding as the Committee after due investigation and consideration recommends.

254. (1) Where an occupier of any holding in the Acquisition

North-West Mallee considers that the holding does not provide a holdings in living area or that other special circumstances exist in respect Maneenof of such holding he may with the consent of the Board of Land sn

ec

t ' t" ed

men tn

and Works, notwithstanding that no settlement area has been areas-proclaimed in relation to the land comprised in such holding, NO.'MOVS.I. surrender the land to the Crown and vacate the land; and such land shall be deemed to be unalienated land of the Crown upon notification to that effect being published in the Government Gazette and may be dealt with under this Act; but nothing in this Act shall be deemed to prevent the Board from selling any such land by public auction if it considers it is expedient so to do.

(2) The Board may out of moneys available for the purpose compensation, grant to any person who immediately before the surrender of the land to the Crown was an occupier of such land such sum not exceeding One thousand and fifty pounds in respect of any one holding as the Committee after due investigation and consideration recommends.

255. (1) In any case referred to in either of the last two Removal of

preceding sections the Board of Land and Works after compensation considering a recommendation from the Committee may— fmprove.n=nts.

(a) permit any occupier who was residing on the No-5'21'-7-holding to remove for his own use any house or out-buildings on the property, and deduct from the amount otherwise payable to him under this Division such sum as the Board determines not exceeding the removal value of any such house and out-buildings;

(b) pay to any occupier such sum (if any) as the Board determines by way of compensation for improvements effected on the holding by the occupier with his own money (including money borrowed otherwise than from the Crown).

(2) In determining the amount of any grant to be made to any occupier under either of the last two preceding sections consideration shall be given to the extent to which he has endeavoured to meet his liabilities to the Crown or to any mortgagee or creditor.

256. (1) Where the Board of Land and Works is of Grant of opinion that an area of land within a settlement area is FeaTes'"*'" sufficiently large to provide a reasonable living to a settler, the No. 5321s. 8.

650 1958. Land. No. 6284

Governor in Council may subject to this Division grant to an applicant a perpetual lease thereof to be known as a North-West Mallee Perpetual Lease.

(2) In granting perpetual leases to applicants the Board shall give priority over other applicants to—

(a) occupiers who have immediately before the proclamation of a settlement area been actively engaged in farming land included in such settlement area;

(b) any owner of freehold land in or adjacent to any settlement area which in the opinion of the Board is not a living area, in order to provide him with holdings which in the aggregate afford a living area;

(c) discharged soldiers within the meaning of the Soldier Settlement Act 1958.

Applications for perpetual leases of lands in settlement areas. No. 5321 s. 9.

Conditions in perpetual leases. No. 5321 s. 10.

Fencing.

Vermin and noxious weeds.

257. Any person desirous of obtaining a perpetual lease of land in a settlement area may apply to the Secretary for Lands in writing in the prescribed form, accompanied by the prescribed fee, for a perpetual lease of any land therein.

258. Every lease under this Division shall, in addition to any other covenants and conditions, contain the following conditions:—

(a) A condition that the lessee if not sooner called upon under the provisions of the Fences Act 1958 shall within such period as the Board before the commencement of the lease determines enclose the land demised with a fence with gates therein across any road or defined track and keep such fence in repair: Provided that in any particular case where it appears to the Board that owing to special circumstances the enclosing with a fence of the land demised would be impracticable or inequitable, or where in the opinion of the Board the fencing of the whole or any part of the land demised is not required, the Board may in writing under its seal modify or waive the fencing condition and the said condition shall thereupon be modified or waived accordingly;

(b) A condition that the lessee shall at once and to the satisfaction of the Board commence and continue to destroy and suppress on the land demised all animals and birds declared to be vermin and all plants declared to be noxious weeds under the Vermin and Noxious Weeds

1958. Land. No. 6284 651

Act 1958 and that the lessee shall keep the land demised free from vermin and noxious weeds aforesaid to the satisfaction of the Board;

(c) A condition that any bailiff of Crown lands and ^ ^ ^ , a any person appointed in that behalf by the 9°^Pa^ Board may at any time enter upon the land demised to ascertain if the covenants and conditions of the lease are being performed or complied with by the lessee;

{d) A condition that the lessee his executors Residence. administrators or assigns shall within six months after the granting of the lease reside upon the land demised, and thereafter for at least nine months in every year reside upon the land demised, and for no shorter period in any year except only with the consent of the Board;

(e) A condition that the lessee shall not except with Power to the consent in writing of the Board (which mortgage or

consent may be given on payment of the su ~let' prescribed fee and of all rent due and on production to the Board of documentary evidence that municipal and other rates due have been paid) transfer mortgage charge or sub-let his estate or interest in the whole or any portion of the land demised; and that any such transfer shall be subject to such reduction in the consideration to be paid therefor as the Board may determine after taking into account the outgoing lessee's equity in improvements on the land and the price proposed to be paid by the incoming lessee, and shall also be subject to a condition that the transfer shall be null and void unless the instrument of transfer is lodged at the Office of Titles within three months after the date on which the Board consented in writing as aforesaid to the transfer;

(/) A condition that improvements on the property Improvements.

demised which are owned by the Crown shall not be altered or destroyed without the consent in writing of the Board, but shall be maintained in good repair and condition;

(g) A condition as to the maximum number of stock stocking. which normally may be carried on the land demised, and that such normal maximum shall not be exceeded unless in a favourable season the Board permits an increase to a specified extent, and that such normal maximum shall at any time be

652 1958. Land. No. 6284

Soil conservation.

Forfeiture lor breach of conditions-

Other conditions.

reduced to a specified extent by direction of the Board having regard to requirements in relation to soil conservation;

(h) A condition that the lessee shall take any action which the Board may direct for the prevention and mitigation of soil erosion and for the promotion of soil conservation;

(i) A condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the lessee;

(/) Such other conditions not inconsistent with this Division as the Governor in Council approves and directs to be inserted.

Basis of assessment of tent. No. 5321 s. 11.

Re-valuations.

Remission and increase of rent.

Reduction of rent on purchase of improvements from Crown.

259. (1) The annual rent payable under any lease under this Division shall include any water rates or charges made by any Water Authority in respect of supply of water (other than excess water charges) and shall be the amount determined by the Board of Land and Works having regard to the productive value of the land including the value of improvements belonging to the Crown and the value of water supplies provided by such Authority.

(2) The Board shall pay to the Water Authority all such rates and charges collected in respect of lands demised under this Act.

(3) As at the first day of March One thousand nine hundred and fifty-nine and as at the first day of March in each tenth year thereafter the Board shall re-determine and adjust accordingly the rental payable for any land then demised under this Act.

(4) The Board may— (a) in any year in which, pursuant to the conditions of the

lease, the normal maximum number of stock carried on the land demised is directed by the Board to be reduced—remit such portion of the rent payable under the lease as it thinks fit;

(b) in any year in which, pursuant to the conditions of the lease, the normal maximum number of stock carried on the land is permitted by the Board to be increased—increase the rent payable under the lease by such amount as it thinks fit.

(5) A lessee under this Division may purchase, at a valuation fixed by the Board, any improvements belonging to the Crown on the land demised, on payment at any prescribed date or dates of a sum in part or in full payment therefor and the Board shall make such reduction in the rent payable under the lease as it considers equitable.

1958. Land. No. 6284 653

( 6 ) T h e rent payable under each lease shall become due on when the first day of March in each year. payable.

rent

260. (1) The Board of Land and Works may do all such Works for

things as are necessary to reconstruct holdings for the purpose of nSngV'and8

this Division, including the removal and re-erection of buildings ^.Ts-mTn and the provision of fences and water supply facilities on holdings.

(2) Any expenses incurred under this section shall be met from moneys available for the purpose.

261. No person shall hold as beneficial owner either in his No person to

own name or in the name of any other person more than one lease [h°!n on°ere

under this Division. lease-No. 5321 s. 13.

262. Notwithstanding anything in this Act— Restrictions ^ * ^ on operation

(a) no perpetual lease, other than a lease under this provisions ol

Division, shall be issued in respect of any land £'?££', s l4 situated within the North-West Mallee;

(b) the provisions of Sub-division 3 of Division four of Part I. and of Divisions one and two of Part II. of this Act shall not apply in relation to any lease under this Division.

263. (1) The Registrar of Titles is hereby authorized and Authority and

directed to make all such cancellations of or entries upon any Registrar of

Crown grant or certificate of title and any duplicate of any such nec'essL°ynake

Crown grant or certificate of title or other document as may be andcentrie°s?s

necessary or expedient in consequence of this Division and the NO. 5321s. 15. holder of any duplicate of any such Crown grant or certificate of title shall produce the same to the Registrar of Titles for such purpose.

(2) The Registrar-General is hereby authorized and directed Authority and

to make all such entries upon the records of enrolment of any Regfstra"-0

Crown grant and upon any memorial relating to any land £akeraIt0

concerned as are necessary or expedient in consequence of this entriesary

Division.

264. (1) The Governor in Council may make regulations Regulations.

for or with respect to— N°-5321 s-16. (a) applications under this Division; (b) forms and conditions of leases under this Division;

(c) fees and expenses payable under this Division;

(d) the constitution proceedings and functions of the Committee;

654: 1958. Land. No. 6284

(e) generally, any matter or thing permitted or required by this Division to be prescribed or necessary or expedient to be prescribed to give effect to this Division.

Publication. (2) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting, then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each Member of Parliament.

DIVISION 4 . MISCELLANEOUS.

Municipal councils may erect vermin-proof fences with gates on roads. No. 3709 s. 227. Penalty.

265. (1) Any municipal council whose district is situate wholly of partly within the Mallee country may with the sanction of the Governor in Council erect vermin-proof fences with gates therein across any road or track.

(2) Every person who wilfully destroys or damages any such gate or breaks or injures any such vermin-proof fence or portion thereof shall be liable to imprisonment for a term of not more than six months or to a penalty of not more than Fifty pounds.

(3) Every person who after passing through any such gate wilfully neglects to close and fasten the same shall be liable to imprisonment for a term of not more than seven days or to a penalty of not more than Five pounds.

Where construction ot road deprives owner &c. of use of existing fence. No. 3709 s. 228.

Recovery of amount fixed.

266. (1) Where by reason of the construction of any road by the Government or local council any person being the owner lessee or licensee of land in the Mallee country is deprived of the use and benefit of any fence already erected by him or to the cost of which he has contributed under the provisions of the Fences Act 1958 or any corresponding previous enactment and necessarily erects another fence along the line of the said road instead of the first-mentioned fence the owner lessee or licensee of any adjoining land who obtains or retains the sole use and benefit of the first-mentioned fence shall pay to the person deprived as aforesaid such fair amount in respect of the said fence as is fixed by any bailiff of Crown lands authorized in that behalf by the Minister.

(2) If the amount so fixed is not paid within a time to be determined by the Minister in writing such amount shall be recoverable in any court of competent jurisdiction.

1958. Land. No. 6284 655

267. Where any land comprised in any lease has pursuant to unused roads the conditions thereof been resumed by Her Majesty for the be dealt with

purposes of roads and the council of the municipal district in which crownTaUnded

any par t of such road is situate passes a resolution to the effect that No. 709 such land so resumed or any pa r t thereof is no longer required for the purpose of a road then it shall be lawful for the Governor in Council by order published in the Government Gazette to declare that any land or par t specified in such resolution is no longer a road and such order and a statement in writing of the reasons for making the same shall be laid before both Houses of Parl iament , and thereupon such land or par t shall be deemed to be unoccupied Crown land forming par t of the Mal lee country.

268. Subject to the provisions of the Closer Settlement Act Mainland 1938 all moneys from time to time arising from the licensing fS?m

c!wparate leasing perpetual leasing or selling of land (other than lands sold NO°3709 by auct ion) in the Mallee country shall be paid into the Public ^o

);45>)7s „

Account and shall be placed to t he credit of a separate account (2°)'. to be kept in the Treasury to be called the " Mallee L a n d Account ."

269. Subject to the provisions of the Commonwealth and States Application. Financial Agreement Act 1921w all such sums as shall from t ime ^ I ™ 9

to t ime be standing to the credit of the Mal lee L a n d Account shall be legally available only for the purpose of the repurchase or redemption of or paying off any Victorian stock or debentures and shall not be used for any other purpose whatsoever:

Provided that notwithstanding anything contained in section Payment into twelve of the Victorian Government Consolidated Inscribed Stock FSnamptlon

Act 1898 the whole or any par t of the annual sum fixed by the Governor in Counci l to be paid into a Redempt ion F u n d towards the redemption of consolidated stock during any year may be paid out of the Mallee L a n d Account .

270. T h e Board or the Victorian Railways Commissioners or crown grams any body or persons whosoever specially authorized in that behalf °or ranwaysd

to take lands in the Mallee country for the construction of any line NO. 3709 of railway authorized to be constructed shall be entitled upon s'232' application to the Governor in Council to the issue of a Crown grant to it or them of the fee-simple absolute of any lands so taken.

2 7 1 . ( 1 ) Where in the Mallee country any Crown land is Timber on

set out for the purpose of roads or wind-breaks or serves either or £t°om \^ both of such purposes then unless otherwise specially ordered by wind-breaks the Governor in Counci l such land shall not be cleared and the °1°

tatr°d

bc

indigenous trees growing thereon shall not be cut damaged o r J^jlJ, removed for any purpose other than for traffic on any such road NO 3709

. s. 233

(a) Sec section 10 of that Act.

650 1958. Land. No. 6284

Penalty.

and then only under the authority of the municipal council having the care and management of the road and to a width not exceeding one chain.

(2) Every person who unlawfully cuts damages removes or causes to be cut damaged or removed any such trees or makes any clearing on any land so set out shall be liable for a first offence to a penalty of not more than Five pounds or to imprisonment for a term of not more than three months and for a second or any subsequent offence to a penalty of not more than Ten pounds or to imprisonment for a term of not more than six months.

(3) The duty of clearing vermin on such wind-breaks shall not rest on the owners of the adjoining lands.

Power to sell or lease wind-breaks to adjoining holder. No. 3709 s. 234. No. 4459 s. 7 (2) (b).

272. (1) Where it is desirable in the opinion of the Minister that any Crown land in the Mallee country or any portion thereof set out or serving for the purpose of a wind-break and abutting on any road should be sold or leased as hereinafter provided the Governor in Council—

(a) on the application of the owner or selection purchase lessee or agricultural allotment lessee or perpetual lessee of any land adjoining such Crown land; and

(b) if the Minister is satisfied that the council of every municipality in whose municipal district such Crown land is wholly or partly situate has consented to the sale or lease—

may, by Order published in the Government Gazette— (i) declare that, so far only as relates to the whole or

portion of any such Crown land described in the Order, such Crown land or portion thereof shall cease to be or to form portion of a wind-break or to serve as a wind-break; and

(ii) authorize the sale of any of such Crown land to the applicant if he is the owner of the adjoining land at a price per acre determined by an appraiser appointed by the Board; or, if the applicant is a selection purchase lessee agricultural allotment lessee or perpetual lessee of the adjoining land, authorize any of such Crown land to be added to the area of the existing lease in the manner prescribed by the regulations and the rent of or other payment for or in respect of such added area, which shall be deemed to have the same classification as that of the adjoining land of the applicant, to be determined in accordance with such classification, and the rent or other payment under the existing lease for each succeeding half-year to be adjusted accordingly.

1958. Land. No. 6284 657

(2) On the date of such Order or on a later date specified therein the Crown land described in the Order shall cease to be or to form portion of or to serve as a wind-break or part thereof; and the said land shall be deemed to be and may be dealt with as unalienated land of the Crown and may be sold or leased in accordance with the authority given in the Order.

(3) All moneys arising from the sale or leasing of Crown land pursuant to this section shall be placed to the credit of the Mallee Land Account.

273. (1) The Governor in Council may in the manner Regulations, prescribed in and subject to the provisions of section two hundred f°i^m

and twenty-nine make any rules regulations and orders for the undermentioned purposes (that is to say):—

(a) Prescribing the fee payable on and the conditions and mode of applying for licences and leases under this Part;

(b) Prescribing the mode of registering transfers and the notifying or forwarding thereof to the Office of Titles;

(c) Prescribing the conditions and mode of applying for and the amount of rent to be reserved by selection purchase or perpetual leases;

(d) Prescribing the manner of conducting the business of Mallee Classification Boards;

(e) Prescribing the mode of valuation of improvements and the giving of a certificate as to the value of such improvements;

(/) Prescribing the form of memorandum to be endorsed by the Registrar of Titles on any licence lease Crown grant or certificate or mortgage or duplicate pursuant to this Part;

(g) Prescribing the fee payable for the registration of a lien in the Crown Lands Office;

(h) Prescribing the powers of bailiffs of Crown lands and their assistants;

(/) Generally for all other matters necessary or desirable for carrying out the provisions of this Part.

(2) Such regulations may impose penalties not exceeding Ten pounds for any breach thereof, and all such penalties may be recovered in a summary manner before a court of petty sessions.

PART III.—MURRAY RIVER SETTLEMENTS.

274. In this Part unless inconsistent with the context or tmerpreiaik subject-matter— NO. 3709

J s. 236.

" Allotment" means a homestead allotment under this Part.

Land to become unalienated Crown lands.

Application of proceeds.

658 1958. Land. No. 6284

" Commission " means the State Rivers and Water Supply Commission.

"Cultivate" "cultivating" or "cultivation" includes planting cereal or root crop planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses.

" Fence" means any fence of the kinds mentioned in section four of the Fences Act 1958 except those mentioned in paragraphs (d) (e) (/) (h) (i) and (/) thereof.

" Holding " means a holding under this Part. " Lease " means a conditional purchase lease issued under

this Part. " Lessee" includes the transferee assignee and

representative of a lessee and any person to whom the interest in a lease comes by operation of law.

" Prescribed" means prescribed by this Part or by regulations under this Part.

" Substantial and permanent improvements " means dams wells fencing clearing or draining of a homestead allotment and the erecting of a habitable dwelling or farm or other buildings upon and permanently attached to the soil of a homestead allotment.

" Unimproved value " of any land means the value of such land as if the same were not cleared or cultivated and there were no fences buildings or other improvements thereon.

" Vermin " includes dingoes or native dogs, dogs run wild, dogs at large, rabbits, and any other animal or any bird which the Governor in Council may by proclamation in the Government Gazette declare to be vermin for the purposes of Part I.

DIVISION 1. CONDITIONAL PURCHASE LEASES OF HOLDINGS.

construction 275 . This Division shall be read and construed as one with of this Part. P a r t IT NO. 3709 fart li. s. 237.

Notice that 276 . The Governor in Council may by Order published in the lands are Government Gazette declare that any unoccupied Crown lands available. . . , . , • . « • , ! i r- i • • . .

No. 3709 s. s i tuate within the Mal l ee coun t ry as defined in section two hund red -38- and thirty of this Act are available for being taken up as

holdings on conditional purchase lease under this Part and may amend or revoke any such Order by Order published as aforesaid.

subdivision 2 7 7 « T h e l a n d s available for being taken up as holdings under or lands. m i s p a r t shall be subdivided under the direction of the Minister NO. 3709 s. j n t 0 s u j t a b i e areas to be called holdings consisting of homestead

1958. Land. No. 6284 659

allotments which shall be situate near the Murray River and unless SfoTmenS1

the Governor in Council otherwise orders shall each contain an area not exceeding fifty acres.

278. The classification and valuation of holdings shall be Classification determined in accordance with the provisions of this Part, but the NO^TO? value of the land to be included in each homestead allotment shall 24°-be fixed by the Governor in Council at a rate sufficient to cover the homestead unimproved value of the land together with— allotment.

(a) the value of the improvements (if any) thereon; and (b) a sufficient sum to cover the cost of survey and

subdivision.

279. Every applicant for any holding shall lodge with his Deposit with application an amount equal to one instalment of the purchase N ^ T O T money of the holding of the highest value of those applied for and 241-the registration and lease fees thereof. " B '

280. No lease of a holding under this Part shall be granted to Disquaiinca-any person who is already the licensee or lessee from the Crown up°efa°sre.takin8

of any land or the owner of any land if the combined areas of such '£»•3709s-holding and such land would exceed the maximum area for a holding under this Part.(o)

Provided that nothing in this section shall disentitle the selection purchase lessee or owner of not more than one selection purchase allotment in the Mallee country who is not the lessee or owner of a homestead allotment to be granted a conditional purchase lease of not more than one homestead allotment.

281. (1) No person shall be granted or hold in his own name Not more than or the name of any other person or persons a lease of more than be heully8 to

one holding. £*£* (2) If any person holds any estate or interest in the lease of a N°-3709S-

holding contrary to the provisions of this section such estate or interest shall become forfeited to Her Majesty.

(3) If any person by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by the foreclosure of any mortgage becomes the lessee of any holding and thereby becomes the lessee of more than one holding such person shall not be deemed to hold such land contrary to the provisions of this section until the expiration of three years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage (as the case may be).


660 1958. Land. No. 6284


Forfeitures enforceable against lands or estates therein but not against bona fide purchasers.

(4) Every person holding any estate or interest in more holdings than one contrary to the provisions of this section in addition to the liability to forfeiture hereinbefore provided for shall be liable to a penalty of not more than Two pounds per centum on the value of such lands held by him contrary to the provisions of this section and an additional penalty of the same amount for each year he may hold the same.

(5) If any estate or interest in lands becomes liable to be forfeited under the provisions of this section such estate or interest may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but such estate or interest shall not be liable to be forfeited after having passed into the hands of any bona fide purchaser for value claiming under any such person.

Power to Brant or allow the acquisition of additional area to or by lessee or grantee of holding under this Part. No. 4181 s. 7.

As to relative situations of holding and additional .irea.

As to maximum area allowable.

282. (1) Notwithstanding anything in this Part the Minister may subject to this section grant an additional area of land under this Part to any lessee or grantee of a holding and a conditional purchase lease for such area may be issued or the Minister may allow any lessee or grantee to acquire by transfer a conditional purchase lease of a holding or may allow any lessee or grantee to acquire by transfer any other additional area.

(2) The original holding and additional area as aforesaid shall be situate in such relative positions as in the opinion of the Minister will enable them to be conveniently and efficiently worked together by such lessee or grantee and for the purposes of sections two hundred and eighty-one, two hundred and eighty-four and two hundred and eighty-seven of this Act shall be deemed one holding.

(3) The total area comprised in the original holding and additional land demised or granted to or held by any person shall not unless the Governor in Council approves exceed that permitted by section two hundred and seventy-seven of this Act.

Conditional purchase lease. No. 3709 s. 244.

Instalments.

283. (1) Every conditional purchase lease shall be for such a term of years as may be agreed upon by the lessee and the Minister and shall provide for payment of the value of the holding with interest on the value thereof at the rate of not less than Four pounds ten shillings per centum per annum by sixty-three half-yearly instalments or such lesser number as may be agreed upon each being of equal amount except the last which may be less than any of the preceding instalments.

(2) Every such half-yearly instalment shall consist partly of principal money and partly of interest, and the first of such half-yearly instalments shall be deemed to be due at the expiration of the first half-year of such lease.

1958. Land. No. 6284 661

(3) The Minister shall cause to be prepared or procured tables showing how much of each and every such instalment is a payment on account of principal and how much thereof is for interest and showing what balance of principal is owing after each half-yearly payment.

(4) A table prepared in accordance with the last preceding sub-section on the basis of Four pounds ten shillings per centum being the interest paid and there being sixty-three half-yearly Fjfth instalments is set out in the Fifth Schedule. Schedule.

284. (1) Every conditional purchase lease shall be issued by {j°!?£jtions in

the Governor in Council and shall contain— NO. 3709 s. (a) a condition that the lessee shall at once and to the Todestroy

satisfaction of the Minister commence and continue vermin &c-to destroy and will within three years after the issue of the lease have destroyed to the satisfaction of the Minister the vermin upon the land described in such lease, and that he will to the satisfaction of the Minister keep the same free of vermin and of all plants declared by the Governor in Council to be "noxious weeds" pursuant to any Act for the time being in force relating to noxious weeds ;

(b) a condition that the lessee shall within three years Fencing. from the issue of the lease if not sooner called upon under the provisions of the Fences A ct 1958 enclose the land described in such lease with a fence and keep the same in repair ;

(c) a condition that the lessee shall during the currency Residence of the lease personally reside eight months during each year on the holding unless prevented by illness certified to the satisfaction of the Minister. Whenever a lease of a holding is transferred pursuant to law the transferee of the lease shall personally reside on such holding for eight months during each and every year of the currency of the lease. The condition of personal residence may be complied with to the satisfaction of the Minister in like manner as in accordance with the provisions of section seventy-four of this Act a like condition may be complied with to the satisfaction of the Board of Land and Works, or during the first three years of the term of the lease the condition as to residence shall be deemed to be complied with for such period or periods as may be specified by the Minister during which some person named by the lessee and approved by the Minister prior to commencement of his residence resides on such holding ;

{d) (i) a condition that the lessee shall before the end Improvements. of the first year from the commencement of the lease make on the holding substantial and

1958. Land. No. 6284

• permanent improvements in the opinion of the Minister of the value of not less than Fifty pounds, and that the lessee shall before the end of the second and third years respectively from the commencement of the lease make on the holding, additional substantial and permanent improvements in the opinion of the Minister of the value of not less than Fifty pounds for each of such years; and that where by Order of the Governor in Council a homestead allotment contains an area exceeding fifty acres the lessee shall, if required by the Minister, cultivate not less than one-third of the area of the allotment before the end of the third year from the commencement of the lease; or

(ii) a condition that if the lessee obtains permission in pursuance of paragraph (c) for some person to reside in his stead the lessee shall in addition to the cultivation required by the last preceding sub-paragraph make on the land demised substantial and permanent improvements to the value of Eighty-three pounds six shillings and eightpence during the first year and to the increased value of Forty-one pounds thirteen shillings and fourpence during the second year and to the further increased value of Forty-one pounds thirteen shillings and fourpence during the third year:

Provided however that where the Minister is of opinion that an approved applicant for an allotment of land or a lessee is for any cause deemed by the Minister to be sufficient not likely to be able or is unable to effect improvements as set forth in sub-paragraph (ii) he may waive the insertion of or modify the conditions in such sub-paragraph provided that the requirements of sub-paragraph (i) are duly observed in every case;

(e) a condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the lessee;

(/) a condition that the lessee will not within the first six years of the lease transfer assign mortgage sublet or part with the possession of the whole or any part of the holding or contract agree undertake or attempt to transfer assign mortgage sublet or part with the possession of the whole or any part thereof or without the consent in writing of the-Minister take in stock for agistment thereon. Where any lease is assigned to any person by the trustee assignee or receiver in>

1958. Land. No. 6284 663

bankruptcy or the executors or administrators of Date of lease the lessee such lessee not having personally resided by trustee in on the holding pursuant to the conditions of the executors &c.

lease, or no proof satisfactory to the Minister being given of such residence, the Governor in Council may date such assigned lease so as to enable the new lessee to comply with the said condition of residence contained in the lease and may make such adjustments of purchase money as are necessary and the said lease shall be read and construed accordingly;

(g) a condition that if within twelve months from the Power to date of the bankruptcy or death of the lessee the exe&rhoere

trustee assignee or receiver in such bankruptcy or SrtniMwl™' executor or administrator has failed to re-assign or ^s

k{01^y,0_

transfer the lease of such bankrupt or deceased lessee to some person who is qualified for becoming a lessee of such holding then notwithstanding anything contained in this Part or in any such lease the Governor in Council may thereupon in his discretion and upon such terms and conditions as he thinks fit if all the covenants and conditions of such lease have been complied with assign the same or permit the same to be assigned to some person who is qualified to hold the same;

(h) a condition that if at any time after the expiration Powerw of the first six years of the lease the Minister is sixTei" &cer

satisfied that all the covenants and conditions thereof have been complied with the lessee may with the written consent of the Minister transfer assign mortgage sublet or part with the possession of the holding or any part thereof to some person who is qualified to hold the same;

(/) a condition that if at any time after the expiration of Issue of grant,

twelve years from the date of the lease the Minister is satisfied that all the covenants and conditions thereof have been complied with and the fencing and improvements maintained and that the full purchase money for such land has been paid a Crown grant for the land comprised in the holding may be issued;

(/) a condition that when a lessee who has paid the first Power to instalment of purchase money is unable at the end payment of

of the first year of the term of his lease to pay the ^Slo^ second half-yearly instalment of purchase money j ce'tain18

the Minister if satisfied of the lessee's inability to cases-pay such instalment and that all the covenants and

664 1958. Land. No. 6284

conditions of the lease have been complied with may in his discretion and notwithstanding anything in this Act or in any lease contained suspend the payment of the second third and fourth instalments until after the end of the second year from the commencement of the lease and that such suspended instalments together with interest thereon at the rate of Four pounds ten shillings per centum per annum shall be paid in equal half-yearly amounts before the end of the twelfth year of the term of the lease in addition to the instalments payable under the lease;

Liability of (k) a condition that save as aforesaid every lease shall non-payment be liable to forfeiture if any half-yearly instalment of instalment. ^ n Q t p U n c t u a u v p a i d or upon any breach of any

covenant or condition of the lease but that n o forfeiture shall operate to extinguish any debt to t h e Crown in respect of such instalment and that (subject to the conditions aforesaid with regard to the suspension of instalments) when more than one year 's arrears of purchase money a re due the lessee shall pay interest on all arrears of purchase money due on the lease at the ra te of Five pounds per centum per annum;

Resumption (/) a condition that the Governor in Council or the purposes. Minister may at any t ime enter the upon the whole

or port ion of the land demised for the purpose of resuming any lands comprised therein required for roads railways reservoirs canals ditches drains cuts channels water-courses works or for any public purposes whatsoever or for mining purposes. Every lessee shall upon such entry remove any improvements from his leasehold o r port ion thereof (as t he case m a y be ) and relinquish and give up possession of the said leasehold o r port ion to Her Majesty. There shall be paid by H e r Majesty the actual cost of removing and re-erecting and any actual depreciation in value caused by such removal and re-erection of such improvements and the amount of loss sustained in consequence of reliquishing improvements not removable and the port ion of principal paid to Her Majesty by the lessee in respect of the leasehold o r port ion thereof so resumed. Such cost and amount shall be fixed by the Minister, but shall no t include compensat ion for severance o r for any person's interest in the lease and may be paid to such person o r persons as the Minister determines.

1958. Land. No. 6284 665

No. 3709 s. 247.

(2) Every lease shall also contain such other conditions and restrictions relating to mining cultivation vermin destruction drainage and any other matters whatever not inconsistent with this Act as may be prescribed.

285. (1) The Minister may in the manner and subject to °c™ftfion

such terms and conditions as may be prescribed grant and issue NO. 3709 permits for the immediate occupation of holdings. s-246-

(2) The Minister shall have the like powers for the recovery Recovery of of instalments of purchase money and interest thereon by suit money &c.

forfeiture or otherwise as the Board of Land and Works has with respect to the recovery of licence-fees or rent under Part I.(a) of this Act.

286. Every conditional purchase lessee under this Part or any option to corresponding previous enactment who at any time after the atbendlfant expiration of twelve years from the date of his lease satisfies the o*c'urrencyof Minister that all the covenants and conditions thereof have been Iease-complied with and that the fencing and improvements have been maintained shall be entitled to obtain a Crown grant of the land comprised in his holding or any part thereof on payment of the full purchase money thereof or (as the case may be) such portion of the full purchase money as may be fixed by the Minister.

287. (1) No person shall hold as beneficial owner either in his own name or the name or names of any other person or persons more than one holding.

(2) For the purposes of this section a person shall be deemed to hold lands as beneficial owner if he holds them otherwise than as a trustee executor or administrator or as a trustee assignee or receiver of the estate of a bankrupt or as a mortgagee for any estate or interest (whether legal or equitable) in possession freehold or leasehold or of any other description if such leasehold or other description of tenure is for a term exceeding seven years; or if he is the settlor grantor assignor or transferror of such lands or any such estate or interest therein by settlement grant assignment transfer or conveyance not made bona fide for valuable consideration; and any beneficial owner of lands or of any estate or interest therein jointly or in common shall be deemed the owner of a proportion of such lands estate or interest equal to his undivided share therein.

(3) This section shall not render void any transfer certificate of title lease devise or conveyance or mode of acquiring title to lands or any estate or interest in lands whether by operation of law or act of the party except as regards any land estate or interest comprised therein or affected thereby with respect to which legal proceedings to enforce a forfeiture are pending at the time the same is made takes effect or is suffered and against which (unless the estate or interest is one which does not appear upon the register-book) a

Limit of holdings to be held as beneficial owner. No. 3709 s. 248. " Beneficial owner."

Transfer Jkc. not void unless legal proceedings to enforce forfeiture are pending.

(a) See section 196 et seq.

666 1958. Land. No. 6284

Lands held contrary to section may be forfeited to Her Majesty.

Lands accruing under will &c. not forfeitable for three years.

Mortgagees in possession.


Forfeitures enforceable against lands or estate therein but not against bona fide purchasers.

caveat has been lodged on behalf of Her Majesty under the Transfer of Land Act 1958 claiming to take advantage of such forfeiture.

(4) If any person (except as hereinafter mentioned) holds lands or any estate or interest in lands contrary to the provisions of this section such lands or so much thereof as may be held contrary to the provisions of this section or the estate or interest of which such person is beneficial owner therein shall be liable to be forfeited to Her Majesty and the particular lands to be so liable to be forfeited shall be determined by the following rules:—

(a) If any person who is the beneficial owner of a holding becomes the beneficial owner of another holding such last-mentioned land or the estate or interest of such person therein shall be liable to be so forfeited;

(b) If any person at one and the same time becomes the beneficial owner of more than one holding then one of such holdings to be determined by the Minister by metes and bounds by notice published in the Government Gazette or the estate or interest of such person therein shall be liable to be so forfeited.

(5) If any person by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by the foreclosure of any mortgage becomes the beneficial owner of more holdings than one such person shall not be deemed to hold such lands contrary to the provisions of this section until the expiration of three years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage (as the case may be).

(6) If any mortgagee of any holding takes possession of such holding he shall after the expiration of three years from taking possession be deemed to hold such lands as beneficial owner within the meaning of this section.

(7) Any person holding any lands or any estate or interest in lands contrary to the provisions of this section, in addition to the liability to forfeiture hereinbefore provided for, shall be liable to a penalty of not more than Two pounds per centum on the value of such lands held by him contrary to the provisions of this section, and an additional penalty of the same amount for each year he holds the same.

(8) If lands or any estate or interest in lands become or becomes liable to be forfeited under the provisions of this section such lands estate or interest may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but

1958. Land. No. 6284 667

such lands estate or interest shall not be liable to be forfeited after they have passed into the hands of any bona fide purchaser for value claiming under any such person.

(9) If any person who is the beneficial owner of lands or of any estate or interest in more holdings than one is an infant or lunatic, any executor administrator or trustee in whom such lands may be vested on behalf of such infant or lunatic or if there is none the guardian (if any) of the estate of such infant or the committee or guardian of the estate of such lunatic shall sell such lands estate or interest or so much thereof as may be necessary to reduce the extent of which such infant or lunatic is the beneficial owner to the extent permitted by this section and apply the proceeds as part of the estate of such infant or lunatic; and if such lands are so sold within five years after the date at which such infant or lunatic became the beneficial owner of lands or any estate or interest in lands to an extent in excess of the extent permitted by this section such lands estate or interest shall not be liable to forfeiture under the provisions of this section unless a forfeiture was incurred previous to such infant or lunatic becoming the beneficial owner or to the lunacy of sach lunatic; and such executor administrator trustee guardian or committee is hereby empowered and directed to execute proper transfers and assurances for the purpose of vesting such lands estate or interest in the purchasers thereof which shall be as effectual for that purpose as if the infant or lunatic were of full age and sound mind and executed the same.

Infants and lunatics.

(10) When any Crown grant or Crown lease is issued of any &™tondescrib holding such holding shall be described in such grant or lease as being a holding under this Part, and when any certificate of title is issued in respect of any lands which in any Crown grant are described as a holding under this Part such lands shall be described in such certificate as a holding under this Part, and no lands as to which any Crown grant has issued shall for the purposes of this section be deemed to be a holding under this Part or any corresponding previous enactment unless they are so described in the Crown grant thereof.

ibe lands as holdings otherwise this section to be inapplicable.

(11) No transfer of a freehold estate or of a leasehold estate (if such leasehold is for a term exceeding seven years) in the whole or any part of any such holding disposed of on or after the sixteenth day of December One thousand nine hundred and seven under this Part or any corresponding previous enactment shall be registered by the Registrar of Titles unless and until there is delivered to the Registrar of Titles a statutory declaration by the transferee stating that he did not at the time of the acquisition thereof by him and does not and will not upon registration of the transfer hold as beneficial owner contrary to the provisions of this

Statutory declaration before transfer of Murray Settlement lands.

668 1958. Land. No. 6284

section either in his own name or in the name or names of any other person or persons more than one holding disposed of under any of the said enactments and also that he will not upon registration of the transfer hold the land transferred in trust for or on behalf of any other person or persons not qualified by law to hold the same as beneficial owner or owners.

Alienation by lessee of composite holding under previous Acts. No. 3709 s. 250.

288. Where a holding consisting of a homestead allotment and a Mallee farm allotment forming together one holding (in this and the next succeeding section referred to as a composite holding) was taken up under the Land Act 1915 or any corresponding previous enactment the lessee of any such composite holding—

(a) may notwithstanding anything in sub-section (4) of section two hundred and thirty-nine of the Land Act 1915 or any condition to the effect of sub-section (13) of section two hundred and forty-five of the said Act in his lease transfer assign mortgage sublet or part with the possession of any part of his holding to the same extent and under the same conditions as he may so do with respect to the whole of his holding under any condition in his lease to the effect of paragraph (h) of sub-section (1) of section two hundred and eighty-four of this Act; and

(b) shall be entitled subject to and in accordance with— (i) any condition in his lease to the effect of

paragraph (/) of sub-section (1) of section two hundred and eighty-four of this Act; and

(ii) section two hundred and eighty-six— to obtain a Crown grant of the land comprised in the homestead allotment or of the land comprised in the Mallee farm allotment or of the lands comprised in both on payment of the full purchase money of the land comprised in the homestead allotment the Mallee farm allotment or both (as the case may be).

Option of conditional purchase lessee of composite holding to surrender to obtain separate leases. No. 3705 s. 251.

289. (1) The lessee of any composite holding who desires to obtain separate leases in respect of his homestead allotment and his Mallee farm allotment may with the written consent of the mortgagee (if any) at any time during the currency of his lease apply to surrender his lease; and the Governor in Council may if he thinks fit accept such surrender and on payment of such fees as are prescribed issue a conditional purchase lease under this Part of the land comprised in the homestead allotment and a selection purchase lease under Part II. of the land comprised in the Mallee farm allotment.

1958. Land. No. 6284 669

(2) Such selection purchase lease of the land comprised in Total acreage. the Mallee farm allotment may be issued notwithstanding that the total acreage of the lands under the conditional purchase lease and the selection purchase lease exceeds the total acreage that may be selected under the provisions of section two hundred and thirty-three.

(3) Subject to this section every such new conditional T ^ ^ ^ f purchase lease shall be issued on the same terms and conditions new leases.0

so far as the same are applicable in the circumstances to a homestead allotment as the surrendered lease, and every such selection purchase lease shall be issued on such terms and conditions applicable in the circumstances to a selection purchase lease of land in the Mallee country as the Minister thinks fit.

(4) The Governor in Council may if he thinks fit direct that ^ ^ nr

t e such proportion as he thinks fit of the amount of the instalments paid.™ n

of purchase money paid under the surrendered lease shall be deemed to have been paid on account of the new conditional purchase lease of the homestead allotment and that the remainder of the amount of such instalments so paid or any part thereof shall be deemed to Antedating

have been paid on account of the new selection purchase lease of leases

the Mallee farm allotment, and every such conditional purchase lease or selection purchase lease shall bear the date of the surrendered conditional purchase lease.

(5) All substantial and permanent improvements made to the Sprovre°mer.ts satisfaction of the Minister on the homestead allotment or on the j£d

u ation Mallee farm allotment shall be deemed and taken to be improvements under the new lease of the homestead allotment or of the Mallee farm allotment (as the case may be); and any occupation of the land comprised in the surrendered lease shall be deemed and taken to be occupation under each of the new leases.

(6) No lessee shall be entitled to the benefit of this section g^jJJ.^ unless he has paid all instalments of purchase money and interest due necessary. thereon then due under the surrendered lease.

(7) Where the conditional purchase lessee of a Mallee farm Transfer of

allotment or part thereof has given an existing registered mortgage ESS8386

in respect thereof the mortgage without further or other authority SJSSfonaf than this Act shall, in the event of such conditional purchase lessee fo ew ise 6

obtaining a conditional purchase lease under this Part and a selection purchase lease under Part II. pursuant to this section and dated not less than six years before the issue thereof, be transferred and applied to such conditional purchase lease or selection purchase lease or both and to the land thereby demised in all respects as if such lease or leases (as the case may be) were referred to in the mortgage, and a memorial shall be indorsed by the Registrar of Titles as an encumbrance on such lease or leases (as the case may be) on his registering such lease or leases, and a

VOL. IV.—22

670 1958. Land. No. 6284

Adjustments.

Report to be presented to Parliament. No. 3709 s. 252.

memorandum stating the fact of such transfer shall also be made by the said Registrar on the original registered instrument of mortgage.

(8) For the purposes of this section the Governor in Council may in the new leases make all necessary adjustments accordingly.

290. (1) The Minister shall annually lay before both Houses of Parliament a report of the proceedings taken under the provisions of this Part during the financial year ending on the last day in the month of June next preceding the date of such report.

(2) Such report shall amongst other things state— (a) the locality and area and quality of any Crown land

taken up under this Part; and (6) the condition and settlement of all land under this

Part.

Agreements to transfer assign &c. holdings save as grovided

erein to be void. No. 3709 s. 253.

Lessees deemed owners or occupiers for certain purposes.

No. 3709 s. 254. Lease forfeited for nonpayment of instalments not to revive till forfeiture revoked. No. 3709 s. 255.

Gazelle notices of revocations &c. to be conclusive evidence. No. 3709 s.256.

DIVISION 2 . GENERAL

291. Save as provided in this Part or in any lease pursuant thereto or any repealed enactment all contracts agreements or undertakings to transfer assign mortgage sublet or part with the possession of the whole or any part of a holding held under lease or purporting to transfer mortgage sublet or part with the possession of the same or any part thereof and whether made before on or after the issue of the lease and whether to take effect wholly or in part at any time during the currency of the lease or before on or after the termination thereof shall be and are hereby declared to be illegal and void both at law and in equity; and upon proof to the satisfaction of the Minister of any such contract agreement or undertaking having been made by or on behalf of any lessee the Governor in Council may declare the lease of such holding to be void.

292. For the purposes of any Act relating to local government or public health or to dividing fences or to water supply every lessee of a holding under this Part or any corresponding previous enactment shall be deemed to be the owner or occupier thereof.

293. Notwithstanding anything contained in this or any other Act or any rule of law or equity a lease which has been forfeited for non-payment of one or more half-yearly instalments of purchase money shall not under any circumstances be revived in favour of the lessee making default unless and until the Governor in Council has revoked the forfeiture thereof.

294. A notice published in the Government Gazette purporting to declare that the Governor in Council has revoked forfeited or declared void any lease under this Part or any corresponding previous enactment or purporting to revoke the forfeiture of any lease shall be received in all courts of justice

1958. Land. No. 6284 671

as conclusive evidence that the lease was lawfully revoked forfeited or declared void or that the forfeiture thereof was lawfully revoked (as the case may be).

295. (1) With the approval of the Governor in Council the Power to

Minister may acquire for the Crown by agreement for the purposes SSieiareaS of this Part any areas of land surrounded by Crown land and not °f la°fL

, . . - i i i * ! . • i . No. 3709

exceeding six hundred and forty acres in any one area and situate *. 257. within tiie Mallee country and not more than three miles from the Murray River at a price recommended by him after having taken the opinion of two competent valuers.

(2) The cost of acquiring such land shall be paid out of Cost-moneys to be appropriated by the Parliament.

(3) Any land so acquired shall be deemed to be and may be ^ d e a l t

dealt with under this Part as unoccupied Crown land. with.

296. Where any land has been acquired or is acquired for the ^i°ftion t0 purposes of this Part the cost of acquiring the same shall be 5|1^

d0efdt0

included in the value of the holdings to be determined as holdings. hereinbefore provided. ^'si709

297. (1) The Governor in Council may make regulations— Regulations. v ' J O No. 3709

(a) prescribing the form and manner of application for s-259-holdings and the issue of permits for immediate occupation of holdings and the rates of registration permit and lease fees payable;

(b) prescribing the mode in which applications shall be dealt with;

(c) prescribing the qualifications to be possessed by each applicant;

(d) prescribing the times and modes of payment by instalments or otherwise of purchase money with interest thereon and the conditions on which instalments may be paid in advance;

(c) prescribing any forms to be used under this Part; (/) generally for fully carrying out the objects and

purposes and guarding against evasions and violations of this Part.

(2) All such regulations shall be published in the Government J°fofeuid

Gazette and upon publication shall be valid in law as if the same Parliament, were enacted in this Part and shall be judicially noticed; and all such regulations shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting, and if Parliament is not sitting then within fourteen days after the next meeting of Parliament.

672 1958. Land. No. 6284

Proclamation of lands forming " Special Settlement Area." No. 3709 s. 260.

PART IV.—SPECIAL SETTLEMENT AREAS.

298. The Governor in Council may from time to time by proclamation published in the Government Gazette—

(a) set apart and appropriate as a " Special Settlement Area " any lands not alienated from the Crown in connexion with which expenditure has been incurred by the Crown and not being auriferous lands or lands permanently reserved for any purpose whatsoever;

(b) alter or revoke any such proclamation.

Removal of land from " Special Settlement Area." No. 4181 s . 9 ( l ) .

299. Any land which at the commencement of the Land Act 1933 formed portion of a Special Settlement Area duly set apart and appropriated as such under Part IV. of the Land Act 1928 or any corresponding previous enactment and had not been taken up and held under the provisions of Division seven of Part I. of the Land Act 1928 or if so taken up was forfeited before or is forfeited after the commencement of the Land Act 1933 to the Crown shall, as on from and after the date of the commencement of the latter Act or the date of forfeiture (as the case may be), be and be deemed to be or to have been removed from the Special Settlement Area and to be no longer portion of that or any other Special Settlement Area and to be no longer subject to the said Part IV. or this Part; and thereupon such land—

(a) may be applied for and granted under selection purchase lease at such classification as is determined in each particular case by a land classification board; or

(b) may be dealt with as unalienated land of the Crown.

Survey and subdivision. No. 3709 s. 261.

Conditional purchase leases.

300. (1) The Board of Land and Works shall cause all land so set apart and appropriated to be surveyed into allotments not exceeding two hundred acres each according to the quality of the soil and situation of the land unless the Governor in Council otherwise directs.

(2) Such allotments shall subject to the provisions of this Part be available for being taken up under conditional purchase lease under the provisions of Division seven of Part I. of this Act.

Conditions to be inserted in Crown grant of Crown lands in Special Settlement Areas.

No. 3709 s.262.

301. (1) Every Crown grant of any land in any Special Settlement Area shall in addition to any other conditions required by this Act contain conditions to the effect—

(a) that the land referred to in the Crown grant shall not be owned held occupied or used by any person who at the same time is the grantee or lessee from the Crown or the owner or lessee (if his leasehold is

1958. Land. No. 6284 673

for a term exceeding seven years) for the time being of any other land in the same Special Settlement Area; and

(6) that in the event of a breach of such condition the Crown may at any time re-enter upon the land and hold possess and enjoy the same as fully and effectually to all intents and purposes as if the Crown grant thereof had never been made.

(2) When any Crown grant is issued of any land included in any Special Settlement Area such land shall be described in such grant as land within such special Settlement Area; and when any certificate of title is issued in respect of any land which in any Crown grant issued is so described such land shall be stated in such certificate to be subject to this section; and no land as to which any Crown grant is issued shall be deemed to be subject to this section unless such land is so described in the Crown grant thereof.

(3) No transfer of a freehold estate or of a leasehold estate ;^£°[fon (if such leasehold is for a term exceeding seven years) in the ^f|r|(Ja

ainsfer

whole or any part of any land included in any Special Settlement settlement Area disposed of after the twenty-fourth day of October One rea m ' thousand nine hundred and eleven under this Part or any corresponding previous enactment shall be registered by the Registrar of Titles unless and until there is delivered to the Registrar of Titles a statutory declaration by the transferee stating that he did not at the time of the acquisition thereof by him and does not and will not upon registration of the transfer hold as beneficial owner or lessee or both contrary to the provisions of this section either in his own name or in the name or names of any other person or persons more than two hundred acres of land within such Special Settlement Area disposed of under any of the said enactments and also that he will not upon registration of the transfer hold the land transferred in trust for or on behalf of any other person or persons not qualified by law to hold the same as beneficial owner or owners or as lessee or lessees or as both such owner or owners and lessee or lessees.

PART V.—DEVELOPMENT LEASES. 302. In this Part unless inconsistent with the context or InterP"t«ion.

, . . . . No. 5585 s. 2.

subject-matter— "Board" means the Board of Land and Works. "Board-" " Committee" means the Development Leases " committee."

Consultative Committee constituted under this Part. " Development lease" means a development lease le°e"lopment

granted under this Part. "Minister" means the Commissioner of Crown Lands "Minii>ter-"

and Survey. " Society" means the Australian Mutual Provident " society."

Society.

674 1958. Land. No . 6284

Gov«norta 3 0 3 . ( 1 ) Notwithstanding anything to the contrary in this council to Act or any other Act or enactment the Governor in Council may S s ° p m e n t S1"^1 t 0 * e Society a lease or leases (in this Part called NO.5585s.3; "development leases") comprising all or any part of the land ™-'Jf \* *" described in the Thirteenth Schedule to this Aot. Thirteenth Schedule

Term of lease (2 ) The term for which any development lease is granted and amount . „, , ' . „ , , * , „ , , . °

of rent. shall be twenty-five years, and the rent shall be of such amount and payable in such manner as is determined by the Minister on the recommendation of the Board and expressed in the development lease.

^ot tidresd tfo lr* ( 3 ) Every development lease shall make provision with mlease. respect to the following mat ters :—

(a) The carrying out by and at the expense of the Society of—

(i) the general improvement of the land comprised in the lease for primary production purposes;

(ii) the sub-division of the land comprised in the lease, by means of surveys carried out in accordance with the regulations relating to surveys under this Act and approved by the Surveyor-General, and the setting out thereof into farms and for roads and other purposes considered by the Society to be necessary or expedient in connexion with those farms; and

(iii) the further development of each such farm by the erection of all necessary buildings fences and structures thereon and the carrying out of improvements thereto to such extent as to make the farm available for practical economic farming thereon;

(b) The allocation by the Society for such consideration in each case as the Society thinks fit of such farms to persons chosen by the Society and approved by the Minister to be the settlers on such farms, and the giving of preference in such allocation, so far as practicable, to persons who were members of the naval military and air forces of His Majesty or the Commonwealth or any other of the King's Dominions during the war which commenced in the year One thousand nine hundred and fourteen or the war which commenced in the year One thousand nine hundred and thirty-nine;

1958. Land. No. 6284 675

(c) The payment by the Society or such settlers of all rates taxes and other charges payable on or in respect of any land comprised in the development lease;

(d) The surrender to Her Majesty by the Society of the whole or any part of the land comprised in any development lease but so that no compensation or consideration whatsoever shall be paid or payable by the Crown or the Board of Land and Works for or in consideration of any such surrender;

(e) The grant to a settler chosen by the Society and approved by the Minister as aforesaid of a Crown grant in fee simple of the land comprised in any such farm upon the application of the Society, the surrender to Her Majesty of the development lease as to the said land and the payment by the Society or the settler of—

(i) the unimproved value of the said land as at the date of grant of the development lease less an appropriate part of the moneys paid as rent in respect of the development lease;

(ii) a Crown grant fee in accordance with the scale of fees fixed by regulations under this Act; and

(iii) the appropriate amount payable to the assurance fund based on the said unimproved value; and

(/) Such other matters as the Governor in Council thinks fit.

304. Whenever the Minister is satisfied that circumstances Pow«^° have arisen in which the Society could not reasonably be expected development to continue for the time being the development of the land circumstances, comprised in any development lease, the Minister may from time N°-5585 s-4

to time by writing suspend for such period as he thinks fit the operation of the provisions of the development lease requiring the Society to carry out such development; and thereupon such provisions shall be suspended accordingly and the term for which the development lease was granted shall be deemed to be extended by the like period.

305. Notwithstanding anything to the contrary in this Act g ^ J j in or any other Act or enactment— councii°ton

J make necessary

(a) the Governor in Council may make all such Crown ggj^1^,,, grants of any lands comprised in any development gjggjj10

lease and do all such other acts matters and things Nc°. 5585 s.5.

676 1958. Land. No. 6284

as may be necessary or expedient in order to comply with the terms and conditions of the lease; and

(b) the Governor in Council may grant to the Society in fee simple an area of land (not exceeding five thousand acres in all) which has been comprised in a development lease, upon the surrender to Her Majesty of the development lease as to the said area and upon payment by the Society of—

(i) the unimproved value of the said area as at the date of grant of the development lease less an appropriate part of the moneys paid as rent in respect of the development lease;

(ii) a Crown grant fee in accordance with the scale of fees fixed by regulations under this Act; and

(iii) the appropriate amount payable to the assurance fund based on the said unimproved value.

entftuneg 3 0 <>. The Minister may from time to time grant to the

enter and Society for any term not exceeding five years a licence entitling make tests on the Society by its servants agents and workmen—

schedule* (a) to enter upon the whole or any part of the land NO. 5585 s. 6. described in the Thirteenth Schedule to this Act

which is not for the time being subject to any development lease; and

(b) to cause all such tests and experiments to be made thereon as may be necessary or expedient for the purpose of determining whether that land is suitable for development pursuant to a development lease under this Part .

Development 307. (1) For the purposes of this Part there shall be Consultative established a committee to be called the " Development Leases committee Consultative Committee ". No. 5585 s. 7.

constitution. ( 2 ) The committee shall consist of— (a) an officer of the Department of Crown Lands and

Survey appointed as chairman of the committee by the Minister;

(b) an officer of the Department of Agriculture appointed by the Minister of Agriculture; and

(c) a member or officer of the Soil Conservation Authority appointed by the Minister for Conservation.

1958. Land. No. 6284 677

(3) Any appointment for the purposes of this section may Appointments be made for such period as the appointing Minister thinks fit, and the appointing Minister may at any time remove a member of the committee appointed by him and appoint another in his stead.

(4) A quorum of the committee shall consist of the Quorum. chairman and one other member, and during any vacancy in the office of a member of the committee other than the chairman the remaining members may act as if no vacancy existed.

(5) The proceedings of the committee shall be conducted in Proceedings. such manner as the members think proper.

(6) The functions of the committee shall be— Functions. (a) to recommend to the Minister provisions, not

inconsistent with this Part, for insertion in development leases for the purposes of promoting soil and water conservation and safeguarding primary production in settled areas adjacent to the lands to be leased;

(b) to report to the Minister from time to time and, in particular, when the Minister so requires upon the progress of development under development leases;

(c) to consult with the Society at the request of the Society or upon the direction of the Minister upon matters affecting the development of lands leased under this Part; and

(d) to do such other acts matters and things as the Minister directs.

PART VI.—SPECIAL PROVISIONS FOR VILLAGE COMMUNITIES AND LABOUR COLONIES.

308. In this Part unless inconsistent with the context or Inter-. pretation.

subject-matter— NO. 3709 " Board " means the Board of Land and Works. s-26x

" Regulations " means regulations under this Part. " Substantial improvements of a permanent character"

means reclamation from swamps clearing of bush or scrub cultivation planting with trees or live hedges the laying out and cultivation of gardens fencing draining making roads sinking wells or water tanks constructing water-races in any way improving the character or fertility of the soil or the erection of any building. DIVISION 1.—VILLAGE COMMUNITIES.M

309. (1) No lease of a village community allotment shall No village be issued save only by virtue of any permit in force on the allotment * twenty-fourth day of October One thousand nine hundred and I S . ' 0 be

eleven. NO. 3709 • . s. 264.

(a ) See section 73.

678 1958. Land. No. 6284

Revocation of proclamation of village community allotments.

Permissive occupant or lessee to be deemed owner for certain purposes. No. 3709 s. 265.

Special provision in case of existing village community leases. No. 3709 s. 266. Improvements in lieu of cultivation.

Residence.

Absence.

Death or bankruptcy of lessee.

(2) The Governor in Council may at any time revoke any proclamation published in the Government Gazette from time to time setting apart and appropriating for occupation as village community allotments or for occupation by members of associations or societies any land not alienated from the Crown.

310. For the purposes of the provisions of any Act relating to local government or to public health the permissive occupant or lessee of a village community allotment shall be deemed to be the owner thereof notwithstanding that he has not fully paid for such allotment.

311. With regard to any lease of a village community allotment the following provisions shall have effect notwithstanding anything in any Act relating to Crown lands or in such lease :—

(a) If the Minister is of opinion that the land demised is not suitable for cultivation he may in lieu of compliance with the covenant as to cultivation accept substantial and permanent improvements on the land to the total value of Two pounds for every acre demised;

(b) For the purpose of residence on the allotment residence thereon or within the limits of the village community lands or on any other land not more than five miles distant from the allotment shall be sufficient; and the Board may waive compliance with the covenant as to residence in any case where in the opinion of the Board the allotment is unfit or not suitable for habitation ;

(c) The lease shall be read and construed as if in the condition with regard to absence from the allotment—

(i) for the words " any one financial year" there were inserted the words " the first twelve months from the date of his lease and any succeeding period of twelve months "; and

(ii) there were inserted after the words " village community lands " the words " or on any other land not more than five miles distant from such allotment";

(d) The lease shall be read and construed as if instead of the condition in regard to death or bankruptcy of the lessee there were inserted the following condition:—

A condition that in the case of the death of the lessee his executors or administrators or personal representatives may without

1958. Land. No. 6284 679

further authority than this Part act in his place as lessee; but the Board may at the request in writing of the executors or administrators or personal representatives of the deceased lessee resume possession of the allotment and transfer the same to any other tenant, and any money paid by such incoming tenant for the interest in the lease of the deceased lessee shall after deducting the amount of any rent and loan due in respect of the allotment be paid by the Board to the said executors administrators or personal representatives.

DIVISION 2. MISCELLANEOUS.

312. Where any person has been granted by the Board a lease or permit or becomes the transferee of and occupies a village community allotment or homestead section of any land then such person may in writing apply to the Board for permission to surrender such lease or permit to Her Majesty and to take up or acquire such land under a perpetual lease or a conditional purchase lease, and the Governor in Council if he thinks fit may grant such application as to the whole or any part of such land and subject to such terms conditions covenants exceptions and reservations as he may direct.

313. (1) In the event of any person applying for a perpetual lease of any land, pursuant to the last preceding section the rent thereon shall be in the case of land which is swamp or reclaimed land Four pounds per centum per annum and in the case of land which is not swamp or reclaimed land One pound five shillings per centum per annum on the value of the said land as assessed in the manner and at the intervals provided by section one hundred and twenty of this Act. All improvements made on such land at the time of such surrender shall if made on land included in such perpetual lease be deemed and taken to have been made under the conditions thereof.

(2) In the event of such person applying for a conditional purchase lease of such land the price to be paid shall be that set out or fixed in the the lease or permit so surrendered and if not so set out or fixed therein such price shall be fixed by a Land Classification Board.

(3) Where an application is received under this section it may be granted as hereinbefore provided to the holder of the surrendered lease or permit without such land being previously made generally available to the public for the purpose of being taken up under Division seven of Part I.

Option of occupier to obtain perpetual or conditional purchase lease. No. 3709 S. 267.

Rents. .No. 3709 s. 268.

Price of land under conditional purchase lease.

Exclusive right to lease

680 1958. Land. No. 6284

Postponement of advances.

Credit for rent.

Credit for improvements and occupation.

Adjustments

(4) In the event of such person having obtained any advance of money from the Board in respect of any lease or permit so surrendered, the total amount of any money owing to the Board on account of such advance and interest thereon and of any arrears of rent on the surrendered lease shall be divided into equal instalments extending over a period not exceeding the first twenty years of the perpetual lease or the whole of the term of the conditional purchase lease (as the case may be) and shall be added to the rent or instalments payable under any such lease and shall be deemed and taken to be part of the rent or instalments payable thereunder and be recoverable accordingly.

(5) The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of the surrendered permit or lease shall be deemed to have been paid on account of the perpetual lease or conditional purchase lease.

(6) All substantial improvements of a permanent character on the land the permit or lease of which has been so surrendered may be credited as if made under and pursuant to the conditions and covenants of the perpetual lease or conditional purchase lease, and any occupation of such land comprised in the surrendered permit or lease may be deemed and taken to be occupation or residence under such perpetual or conditional purchase lease.

(7) The Governor in Council may in the perpetual lease or conditional purchase lease make all necessary adjustments accordingly.

Power to enlarge quantity of land included in lease. No. 3709 s. 269.

Grant of additional land to holder of permit or lease.

Payment for improvements.

314. (1) Any person who has been granted by the Board a permit or lease or has become the transferee of a village community allotment or homestead section who desires to surrender his permit or lease thereof and obtain a perpetual lease or leases therefor or a conditional purchase lease or leases therefor may apply in writing to the Board to include in the lease or leases to be so issued so much land as together with the land surrendered shall not in the opinion of a Land Classification Board exceed in value Two hundred pounds; or may without surrendering his permit or lease apply for and be granted so much additional land under a conditional purchase lease or leases or perpetual lease or leases as shall together with the land contained in his permit or lease not exceed in value in the opinion of a Land Classification Board the sum of Two hundred pounds, and the Governor in Council may if he thinks fit grant such application as to the whole or part subject to such terms conditions covenants exceptions and reservations as he may direct.

(2) Where any improvements exist on such additional land the value of the same shall be payable in half-yearly instalments

1958. Land. No. 6284 681

of such sums extending over the whole or any part of the first twenty years of the term of such lease or leases as the Minister may direct.

(3) Any default in the payment of any half-yearly instalment Default. shall have the like consequences as a default in the payment of any instalment of rent or licence-fees or sum due for rent under a lease licence or perpetual lease and may be levied or recovered by or under the authority of the Board in like manner as any rent is leviable or recoverable by law.

(4) The Minister may if he thinks fit direct that the whole Credit for

or any part of the rent paid on account of the surrendered permit or lease shall be deemed to have been paid on account of the perpetual lease or conditional purchase lease.

(5) All substantial improvements of a permanent character on the land the permit or lease of which has been so surrendered may be credited as if made under and pursuant to the conditions and covenants of the perpetual lease or conditional purchase lease, and any occupation of the land comprised in the surrendered permit or lease may be deemed and taken to be occupation or residence under the perpetual lease or conditional purchase lease.

(6) The Governor in Council may in the perpetual lease or conditional purchase lease make all necessary adjustments accordingly.

315. Where a village community and a homestead Residence

association are contiguous residence within the limits of the community

village community lands or within the limits of the homestead lTnds areestl

association lands or either by any lessee or holder of a permit of com'8uous-a village community allotment or homestead section shall be s.2'70. deemed residence in respect of his allotment or section.

316. Notwithstanding anything contained in any lease of a homestead section the lessee with the consent of the Board signified in writing may assign transfer or sublet the land demised or any portion thereof to any person who is qualified to become a lessee, and the Board is hereby empowered to give such consent.

317. (1) Notwithstanding anything in this Part contained where any additional land is granted under a conditional purchase lease to the holder of a permit or lease under this Part or any corresponding previous enactment no interest shall be charged on the purchase money of such land or of land included in such conditional purchase lease and previously held under a permit or lease of a village community allotment or homestead section which has been surrendered.

Credit for improvements and occupation.

Adjustments.

Assignment &c. of lease of homestead section No. 3709 s. 271

Holder of permit or lease obtaining additional land not charged interest. No. 3709 S. 272.

682 1958. Land. No. 6284

Application. (2) This section shall apply with respect to all conditional purchase leases referred to in this section and issued on or after the first day of July One thousand eight hundred and ninety-nine.

Land to be set apart for labour colonies. No. 3709 s. 273.

DIVISION 3.—LABOUR COLONIES.

318. (1) The Governor in Council may by proclamation published in the Government Gazette set apart and appropriate as a labour colony under this Division blocks of any land not alienated from the Crown and not being auriferous lands or lands permanently reserved for any purpose whatsoever and not exceeding fifteen hundred acres in extent and may at any time revoke any such proclamation.

(2) Any blocks of land so set apart and appropriated shall vest in trustees when appointed as hereinafter provided and such trustees shall subject to the provisions of this Division hold such land in trust for use and maintenance as a labour colony under this Division.

Appointment and removal of trustees. No. 3709 s. 274.

Meetings jf the trustees. No. 3709 s. 275.

Quorum.

Who may oe admitted into labour colony. No. 3709 s. 276.

Powers of trustees. No. 3709 s. 277.

Trade or industry.

319. (1) Five trustees shall be appointed by the Governor in Council for each labour colony and any trustee may by him be removed and another trustee appointed in his place.

(2) The Governor in Council may at any time accept the resignation of any trustee and his place shall thereupon become vacant.

320. (1) The Minister shall appoint a time and place for the first meeting of the trustees of any labour colony and thereafter they shall meet when and so often as they think fit.

(2) The powers of the trustees may be exercised by any three of them.

321. The trustees of each labour colony after a day to bs determined in each case by the Minister may admit into such colony any person, and such person shall be entitled to such benefits as the rules of such colony may prescribe so long as such person complies with the rules and discipline thereof unless in the opinion of the trustees such person is not of good character or repute.

322. (1) The trustees of each labour colony shall establish maintain manage and conduct such colony and for such purposes they may appoint and dismiss all necessary officers and servants and so far as their funds permit shall have all powers and authorities necessary to enable them to improve such colony and make the same self-supporting.

(2) The trustees of each colony may establish and manage any trade or industry in such colony and dispose of the proceeds thereof provided that the whole of the profits thereof are paid into the trust account in the name of such colony.

1958. Land. No. 6284 683

323. ( 1 ) Par l iament shall annual ly vote a sum of money a c ^ ts

s ' a n d for the main tenance of each labour colony and such money shall fPP^cationof

be paid t o the trustees thereof. No 3709 s. 278.

(2) All moneys received by the trustees as aforesaid and all Trust profits arising from a labour colony shall be paid into a bank to a trust account in the name of the labour colony which such trustees are conducting.

(3) All moneys so paid into such trust account may be Expenditure expended by the trustees—

(a) in the payment of allowances for work to persons Allowances. employed in the labour colony;

(b) in the erection construction and making of any construction v ' , . , , . ^. °, i of buildings

necessary buildings erections works a n d &c. conveniences in connexion with the l abour colony and in the main tenance thereof; and

(c) in purchasing provisions clothing building materials Purchase of

stock seed agricultural implements tools and all provlslons &c-things necessary for the proper working of the labour colony and generally for carrying out the provisions of this Division.

324. ( 1 ) T h e accounts of the trustees of each labour colony Audit of trustees

shall once in every six mon ths at least and oftener if the Governor accounts. in Counci l so directs and a t such t ime as the Minister appoints b e J^w?09

audi ted by two persons one of w h o m shall b e appointed by the Governor in Counci l and one by the trustees who shall b e pa id fees ou t of the said trust account at such ra te as the Governor in Counci l m a y direct.

( 2 ) A balance-sheet showing the revenue and expendi ture Balance-sheet.

certified to by such auditors shall be p repared by the trustees and forwarded by them o n c e in every six mon ths to the Minis ter w h o shall cause the same to b e laid before bo th Houses of Par l iament .

325. T h e trustees of each labour colony with the approval of Rules to be

the Governor in Counci l m a y pursuan t t o this Division m a k e rules uusdteebsy

for such colony fo r— No. 3709 (a) the collection spending and application of moneys; (b) the rate of allowances for work to be paid to persons

employed; (c) the cleanliness good order and health of the labour

colony; (d) the maintenance of order and discipline; (e) the punishment for breaches of rules provided that

no pecuniary penalty for the breach of any rule shall exceed Two pounds; and

s. 280.

684 1958. Land. No. 6284

(/) generally for the better carrying out of the purposes and provisions of this Division whether hereinbefore specially authorized or not.

Provision for bankruptcy or death of lessee. No. 3709 s. 281.

Power to Governor in Council to grant selection purchase lease of forfeited village community allotment or homestead section.

No. 3709 s. 282.

Restriction on sale of intoxicating liquors. No. 3709 s. 283.


To be laid before Parliament.

DIVISION 4 . GENERAL.

326. In the case of the bankruptcy or death of a lessee under this Part or any corresponding previous enactment—

(a) it shall not be obligatory on the trustee assignee or receiver in bankruptcy or on the executors or administrators of such lessee to comply with the condition of residence; and

(b) the trustee assignee or receiver in bankruptcy within twelve months from the date of such bankruptcy and the executors or administrators of such lessee at any time may assign his lease to any person who is qualified for becoming a lessee and such person shall thereupon be with respect to such lease in the same position as though he had been the original lessee.

327. If entry is made upon any village community allotment or homestead section for breach of or non-compliance with any of the provisions of this Act or any corresponding previous enactment or of any condition or covenant of any lease the Governor in Council may direct that such village community allotment or homestead section or any portion thereof may be leased as a selection purchase allotment under this Act.

328. No licence or club certificate authorizing the sale of any intoxicating liquor shall be granted within the boundaries of any village community homestead association labour colony or township under this Part or any corresponding previous enactment unless demanded by an absolute majority of the inhabitants residing within the said boundaries, and no licence issued for premises situated outside such boundaries shall authorize the sale within such boundaries of intoxicating liquor by any form of agency or in any way whatsoever, and any person convicted of selling intoxicating liquor in contravention of this section shall be subject to the penalties provided for selling liquor without a licence.

329. (1) The Governor in Council may make regulations generally for carrying out the provisions contained in any Division of this Part

(2) All such regulations upon being published in the Government Gazette shall be as valid in law as if the same were enacted in this Part and shall be judicially noticed, and all such

1958. Land. No. 6284 685

regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not sitting then within fourteen days after the next meeting of Parliament.

330 . The Minister shall cause a report to be laid on the table Report to be of both Houses of Parliament within one month after the end of Parliament,

each financial year giving full information as to all proceedings ^%l109

taken under any of the provisions of this Part during such year.

PART VII.—RESUMPTION OF LAND FOR PUBLIC PURPOSES.

331. (1) Whenever it is made to appear to any responsible Minister of the Crown that it is necessary or desirable that any lands should be resumed by the Crown for any of the following purposes (that is to say):—

(a) The erection thereon of any buildings or works to be used for public purposes;

(b) The giving of more convenient access to any public buildings or works;

(c) The protection of any such buildings or works from danger of destruction by fire;

(d) The removal of any business which by reason of its nature and the close proximity of the place at which it is carried on to public buildings or works interferes with the due and efficient transaction or discharge therein of public business;

(e) For the purposes of the Education Act 1958 whether or not buildings or works are intended to be erected thereon; or

(/) The execution of any public works — he may under his hand certify the same to the Governor in Council specifying the lands proposed to be resumed and the purposes for which they are required.

(2) When any such certificate has been approved by the Governor in Council, and has lain on the table of the Legislative Council and of the Legislative Assembly for a period of thirty days, it shall be lawful for the Board of Land and Works its successors deputies agents and workmen and all other persons by them authorized to enter into and upon such lands and to take possession and appropriate the same for the purposes mentioned in such certificate in manner provided for the resumption of land by the Lands Compensation Act 1958 and subject to all the conditions imposed by the said Act.

Provided that, in the case only of lands proposed to be resumed for the purpose referred to in paragraph (e) of the last preceding sub-section, the requirements of this sub-section with respect to the certificate shall be deemed to be sufficiently complied with if after the certificate has been approved by the Governor in Council, in

Resumption of lands for public purposes. No. 3709 s. 286; No. 6119 s. 2.

Authority to enter.

Provision as to notification of certificate for resumption of lands for educational purposes.

686 1958. Land. No. 6284

Board of Land and Works to make satisfaction for lands taken. No. 3709 s. 287.

Lands so resumed how dealt with. No. 3709 s. 288. No. 4873 s. 13.

lieu of its being laid on the table of the Legislative Council and of the Legislative Assembly, a copy thereof is sent by post to every member of Parliament at the address for the time being recorded by the Legislative Council or the Legislative Assembly (as the case may be) as his private address within Victoria and no entry upon the land is made thereafter until the expiration of a period of forty days after the last of the copies so sent has been duly posted.

332. Full satisfaction shall be made by the said Board (out of any moneys to be provided by Parliament for the purpose) in manner provided by the Lands Compensation Act 1958 to all persons interested in any such lands so taken. In the construction of the said Act for the purposes of this Part the expression " Special Act" shall mean this Part, and the expressions " the works or undertaking " and " the execution of the works " shall mean the taking by the Board of Land and Works of any lands taken under the authority of this Part.

333. All lands taken under the authority of this Part by the said Board for the purposes of the Education Act 1958 shall be conveyed or transferred to the Minister and his successors for the time being administering such Act; and all lands taken under the authority of this Part for any other purpose by the said Board shall be conveyed or transferred to Her Majesty her heirs and successors, and shall not be alienated in fee simple by her or her successors without the express authority of an Act of Parliament passed in that behalf:

Provided that where any piece of land taken under the authority of this Part for any purpose other than the purposes of the Education Act 1958 is found to exceed the area required for that purpose, the part or parts thereof which are in excess may, if the Governor in Council so determines, be dealt with as unalienated land of the Crown.

Power to lease or license land for construction thereon of electric line. No. 3709 s. 289.

Width of land leased or licensed.

Covenants conditions &c. of lease or licence. No. 3709 s. 290.

PART VIII.—LEASES AND LICENCES FOR ELECTRIC LINES.

334. (1) It shall be lawful for the Governor in Council to grant for a term not exceeding twenty-one years from the date thereof leases or licences of any land forming part of any lands of the Crown (including water reserves but not including any lands within a reserved forest) for enabling the lessee or licensee subject to the Electric Light and Power Act 1958 to construct and maintain on the land so leased or licensed an " electric line " as defined in section three of the said Act.

(2) The land which may be so leased or licensed shall not exceed one chain in width.

335. Every lease or licence under this Part shall be subject to such covenants terms restrictions limitations reservations and conditions and to the payment of such rent or fee as to the Governor in Council seems fit and every such lease or licence and

1958. Land. No. 6284 687

the lessee or licensee and the executors administrators and assigns of every such lessee or licensee shall be subject to any regulations made under the State Electricity Commission Act 1958 or any Act thereby repealed so far as the same are applicable.(o)

336. Notice of application for any lease or licence under this Notice of

Part and of the purpose for which it is proposed to be granted ^3709°" shall be published before the granting thereof in four consecutive s.2'91. ordinary numbers of the Government Gazette and twice in some daily newspaper published in Melbourne.

337. The fact that any land is leased or licensed under this Miningnot Part shall not prevent any person mining by virtue of a mining ™s"'***' lease or miner's right under the land so leased or licensed: Provided that such mining be carried on at a distance below the surface of such land of not less than fifty feet: Provided also that any person mining under such land by virtue of a mining lease or miner's right shall not be liable to pay to the lessee or licensee of such land any royalty or any compensation whatever for consequential damages.

338. No such lease or licence shall be granted until a copy thereof has been laid before both Houses of Parliament for a period of fourteen days.

No. 3709 .292.

PART IX.—GENERAL. 339. (1) All lands of the Crown which are sold or in any

manner alienated from the Crown or in respect of which a lease or licence to hold or occupy the same for other than the purpose of mining or winning getting or working metals or minerals is issued shall be sold or otherwise alienated leased or licensed as aforesaid only as regards the surface and down to such depth below the surface as the Governor in Council may by any order direct.

(2) Nothing in this section or in any such Order in Council contained shall be deemed or taken to restrict the right of the owner lessee or licensee of the surface to sink wells for water and to the use and enjoyment of any wells and springs which may at any time be upon such land and which supply water for domestic farming agricultural manufacturing or irrigation purposes, and every such owner lessee and licensee shall have such rights with respect to such wells and springs as though he held or occupied such land without any limitation as to depth.

(3) Nothing in sub-section (1) shall apply to any lands which before the twenty-ninth day of December One thousand eight hundred and ninety-one had in fact been sold although at the said date no Crown grant had actually issued; and nothing in the said sub-section shall be taken to apply to or affect any person's

Copy of lease or licence to be laid before Parliament before issue. No. 3709 s. 293.

Lands of the Crown to he alienated only as regards surface. No. 3709 s. 294.

Saving as to wells and springs.

Sub-section (1) not to operate upon lands alienated before 29th December. 1891.

(a) See State Electricity Commission Act 1958, section 25 (2).

688 1958. Land. No. 6284

Right to metals and minerals not to go with the land. No. 3709 s. 295.

Where Crown lands enhanced in value by proximity of railway or waterworks &c. additional price may be put thereon by Order in Council. No. 3709 s. 296.

interest in any land of the Crown if such person or his predecessor in title held such land as lessee or licensee at the said date although at such date no lease or licence had actually issued in respect of the same.

340. So far as regards any metal or mineral whatever declared by any Act to be the property of the Crown no grant or lease or licence (not being solely a mining lease or licence) shall purport to or shall pass or convey the property in or right to any metal or mineral on in or under such land, but the same shall remain the property of the Crown.(a)

341. (1) If at any time it appears to the Governor in Council that the value of any lands of the Crown has been or will be enhanced—

(a) by the proximity thereto of any line of railway or of the course of any authorized line of railway or of any line of railway the construction of which has been declared by resolution of the Legislative Assembly to be expedient;

(b) by such lands being within any waterworks district or any irrigation and water supply district;

(c) by any public work executed by or on behalf of the Crown or the Board of Land and Works on or in proximity of such lands; or

(d) by any two or more of such circumstances combined—

the Governor may by Order in Council published in the Government Gazette declare that the value of such lands of the Crown is so enhanced, and shall in such order specify the nature of any such works as are hereinbefore specified by which the same is so enhanced.

(2) In every such order the Governor in Council shall fix a sum as the minimum sum per acre for which such lands may thereafter be alienated in fee simple or as the minimum sum per acre per annum payable as rent or licence-fee under any lease or licence thereafter issued in respect of such lands.

(3) The sum so fixed shall not be less than one-eight part greater than the upset or minimum price for which such lands might but for such order in Council be acquired in fee-simple leased or occupied under licence (as the case may be) by any purchaser selector lessee licensee or other person under any Act relating to Crown lands.

(4) In fixing such sum regard shall be had to the benefit likely to be derived from the construction of any such works as aforesaid by the person who may acquire the freehold of such lands or hold or occupy the same under lease or licence.

(a) See the Mines Act 1958, section 291.

1958. Land. No. 6284 689

(5) Such Order in Council shall not affect the right which any person as a Crown lessee at the date of the making of such Order in Council or any person claiming through him may have to select any lands, nor apply to any such selection, nor apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by the person through whom he claims before the making of such Order in Council.

(6) Where the annual rent or licence-fee payable under any lease or licence of any lands of the Crown is taken in part payment of the purchase money of such lands such lease or licence shall contain a covenant or condition that such lands shall be during the currency of such lease or licence (as the case may be) deemed lands of the Crown within the meaning of this section and that upon the making of any Order in Council under the provisions hereinbefore in this section contained the enhanced rent or licence-fee thereof fixed by such Order in Council shall be payable in respect of such lands as though such rent or licence-fee had been so fixed prior to the making of such lease or licence.

(7) The whole amount due or to become due as the enhanced rent or licence-fee of such lands of the Crown shall be payable in equal half-yearly instalments extending over the unexpired period of such lease or licence and at such times as other payments in respect of the rent or licence-fee of such lands are due.

(8) Any payment so made as such enhanced rent or licence-fee shall be subject to any claim for repayment at the expiration of ten years from the actual date of the Order in Council as hereinafter provided.

(9) Nothing herein contained shall affect the right which any person as a Crown lessee before the twenty-ninth day of December One thousand eight hundred and ninety-one or any person claiming through him may have to select any lands, or shall apply to any such selection, or shall apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by any person through whom he claims before the twenty-ninth day of December One thousand eight hundred and ninety-one.

342. (1) Any sum so fixed as additional to the ordinary upset or minimum value of such lands of the Crown shall (in the case of lands sold by auction or held or occupied by any person under lease or licence giving such person the right to acquire the freehold thereof) be divided into as many different amounts as those into which the sum payable (but for such Order in Council) in respect of such lands by any person acquiring the freehold thereof would be divided, and each such amount into which such additional sum is divided shall bear the same proportion to the total additional

Additional price how to be paid and applied. No. 3709 s. 297.

690 1958. Land. No. 6284

Mode of application where Crown land benefited by more than one work. No. 3709 s. 298.

sum as the corresponding amount of the sum payable (but for such Order in Council) bears to the whole of such sum, and shall be payable at the same time as such corresponding amount.

(2) All additional sums paid under this or the last preceding section as purchase money rent occupation or licence-fee by any purchaser selector lessee licensee or other person in respect of lands of the Crown so declared to be enhanced by any such particular work or works shall if such work or works is or are constructed by or on behalf of the Government of Victoria or any Department thereof go to and form a separate fund in the Treasury to be called respectively by the name of the particular work or works by which the value of such land is declared to be enhanced, and the moneys standing to the credit of each such fund shall be applied in and towards defraying the cost of such work or works, and the same is hereby appropriated for the purpose accordingly.

343. Where the value of any such lands of the Crown has been so declared by Order in Council to be enhanced by more than one such work as hereinbefore mentioned then the additional sum payable by virtue of any such Order in Council in respect of such land shall be applied partly in payment of the cost of each of such works, and such additional sum payable as aforesaid in respect of any lands of the Crown shall be apportioned between such works in the proportion which the cost of each such work bears to the total cost of the works by which such value is enhanced.

Additional sums paid as purchase money or rent to be returned where works not constructed within ten years. No. 3709 s. 299.

344. Where under the last three preceding sections the Governor has declared by Order in Council that the value of any lands of the Crown has been enhanced by the proximity thereto of the course of any particular authorized line of railway or of any line of railway the construction of which has been declared by resolution of the Legislative Assembly to be expedient or by such lands being within any waterworks district or any irrigation or water supply district within which it is at the date of such Order in Council proposed to construct waterworks to benefit such particular lands then (if within ten years from the date of such order such authorized railway or such railway the construction of which has been declared by resolution of the Legislative Assembly to be expedient or such proposed waterworks is or are not constructed) all additional sums paid under the provisions of the last three preceding sections in excess of the whole purchase money rent occupation or licence-fees paid or to be paid by any purchaser selector lessee licensee or other person in respect of such lands of the Crown shall be repaid to such purchaser selector lessee licensee or other person or any person to whom he has conveyed transferred or assigned his interest in such lands or any person to whom such interest has come by operation of law.

1958. Land. No. 6284 691

345. Save as in the last four preceding sections expressly ^nation of provided nothing therein contained shall alter or affect any Act ^ § ^ l l a n d s

relating to the mode of alienating or otherwise disposing of lands g^^*Acts

of the Crown, and nothing therein shall apply to or affect any lease affected, licence or contract whatsoever made before the twenty-ninth day ^bo.709

of December One thousand eight hundred and ninety-one.

346. Where any Crown land is available for disposal under ^°7uedr0%rtain

this Act and cannot conveniently be disposed of under any of the pieces of land in lc&scs

provisions of this Act apart from this section, then, notwithstanding licences or

any restrictions or limitations imposed by this Act, if such land of adjointae

adjoins any land (hereinafter called the " adjoining land ") held ^d'4813 by any person under any lease or licence under this Act and the s.%. Board is of opinion that the most convenient and equitable method of disposing of such first-mentioned land would be to add it to the adjoining land, such first mentioned land (hereinafter called " the added land ") may if the Governor in Council so determines be so added accordingly, after valuation by an appraiser appointed by the Board, either—

(a) by the grant to such person, in substitution for his existing lease or licence, of a new lease or licence (as the case requires) comprising the added land as well as the adjoining land and subject to such altered terms and conditions with respect to rent fee or royalty and otherwise as the Governor in Council having regard to such valuation thinks fit; or

(b) (in any case where a Crown grant is about to be made to such person in respect of the adjoining land) by the inclusion of the added land in such Crown grant upon such terms as the Governor in Council having regard such such valuation thinks fit:

Provided that the area of land comprised in any addition or additions made pursuant to this section shall not exceed Ten per centum of the original area of the adjoining land to which such addition or additions is or are made.

347. Notwithstanding anything contained in this Act where Value where

any land which is classified at a value not lower than Two pounds any fractional

per acre contains any fractional part of an acre the value to be acre.ofan

charged and paid for such fractional part of an acre shall be N°-0|709

computed and paid with respect to the actual area and value of such fractional part.

348. Notwithstanding anything contained in any Act where the Crown grants

Board of Land and Works or the Victorian Railways f0ofrr?aUway1d

Commissioners pursuant to the power contained in any Act take ^0 |7 0 9

or acquire any road or part of a road for or in connexion with the building construction or formation of any line of railway railway station platform building yard siding or any work authorized to be

692 1958. Land. No. 6284

Power to close certain unused roads on Crown lands. No. 3709 s. 304: No. 4181 s. 10. No. 6003 s. 2.

Closed roads to be dealt with as

unalienated Crown land.

Power to set apart certain portions of roads for tree planting. No. 3709 s. 305.

constructed the said Board or Commissioners shall be entitled upon application to the Governor in Council to the issue of a Crown grant, to it or them for the fee-simple absolute of any lands so taken or acquired.

349. (1) Notwithstanding anything contained in any Act where any road the absolute property in the land of which is vested in the Crown is as to the whole or any portion of the length or width thereof unused the Governor in Council with the concurrence in writing of the council of any municipality in whose municipal district the same is wholly or partly situate and of the owners (if any) of any land adjoining the said road or portion thereof (as the case may be) may by order published in the Government Gazette close the whole or any portion of the length or width of such road situate in that municipal district:

Provided that in no case shall the width of any part of the road then remaining, or (where an intermediate width of the road is closed) the width of any part of the road then remaining on either side of the intermediate width so closed, be less than sixty-six feet:

Provided further that where the Secretary for Lands by a notification served personally or by post on any such owner at his last known place of residence or business requests such owner to give his concurrence as aforesaid or (in the event of his refusal to concur) to give reasons for such refusal and such owner—

(a), fails to reply to such notification within thirty days after such service; or

(b) in his reply, refuses to concur but fails to give reasons for his refusal or gives reasons therefor which, in the opinion of the Minister after considering the report of any persons appointed by the Minister to inquire into the matter, are frivolous—

the Governor in Counoil may exercise the powers conferred by this section without the concurrence of such owner.

(2 ) Upon the publication of such Order in Council the land theretofore forming the road or portion thereof (as the case may be) referred to in such order shall cease to form such road or portion thereof, and as regards the said land all rights easements or privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine, and the said land shall be deemed to be and may be dealt with as unalienated land of the Crown.

350. (1) Notwithstanding anything contained in any Act where in any municipal district any road the absolute property in the land of which is vested in the Crown is not less than three chains in width the Governor in Council may by proclamation

1958. Land. No. 6284 693

published in the Government Gazette declare as hereinafter provided that along the whole or any portion of the length of any such road any part of such road shall be set apart for the plantation of trees.

(2) No such proclamation shall be made unless— ™k?ngons tor

(a) a width of not less than one chain is not affected by Proclamation-such proclamation;

(b) the council of the municipality has in writing under the common seal of the municipality consented to such proclamation;

(c) the owners of all lands adjoining such road or portion thereof have consented in writing under their hands and seals to such proclamation; and

(d) the rights of ingress egress and regress to and from such adjoining land and the remainder of the road not affected by such proclamation are reserved.

(3) Upon the publication in the Government Gazette of such proclamation any land thereby declared to be set apart for the plantation of trees shall cease to be a road and shall be taken to be set apart for the plantation of trees and (except as regards the reserved rights of ingress egress and regress as aforesaid) all rights easements and privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine, and such land shall for the purposes of and subject to the provisions of this section be and be deemed to be unalienated land of the Crown.

(4) The Governor in Council may by any order subsequent power to place to such proclamation place such land under the administration ^Sunder control and management of the State Forests Department under p™'^01

the Forests Act 1958 or under the care protection and management °°upnl3t

1™?at M

of the council of the municipality in whose district such land is municipality, situate.

(5) The Governor in Council may from time to time by a Revocation of notice published in the Government Gazette annul and rescind or gJ* Jd™ft'ion

vary any proclamation or order made under this section.

(6) Nothing in this section shall be taken to limit or affect any powers conferred under this or any other Act with regard to the planting of trees in streets or roads or with regard to tree reserves in streets or roads.

351. (1) Where the Board of Land and Works is of opinion Power of that an approved applicant for a selection purchase lease or for and Works to

a conditional purchase lease of land is for some special C a u s e payment of

not likely to be able to pay the rent or the instalments under the fnst'afments. lease for any period not exceeding in the case of land other than N ^ 7 0 9

694 1958. Land. No. 6284

land in the Mallee country five years, or in the case of land in the Mallee country three years, it may in its discretion, at the request of such applicant (if he has lodged with his application the amount required by the Board) enter into an agreement with him that no payment of any rent or instalments shall be made for a period not exceeding five years or three years (as the case may be) on condition that in addition to the fencing and improvements required under the lease he shall during such period effect to the satisfaction of the Board such further improvements as may be specified in the agreement, which may provide also for part of the proceeds derived from the land or the use thereof to be paid to the Board and to be applied if it thinks fit towards the liquidation of the rent or the instalments which become due under the lease.

Effect of breach of agreement.

Effect of false statement on application for postponement of payment of rent.

(2) On any breach of such agreement the Minister or the Board may take any proceedings for the recovery of all unpaid rents or instalments in the same manner and to the same extent as if such agreement had not been made and entered into without any prejudice to the right of the Board to enforce any obligation arising under the agreement.

(3) If at any time after any such agreement is entered into it is proved to the satisfaction of the Board that in connexion with such request or any proceedings thereon the applicant wilfully made any false statement or representation, the Board may without further or other authority than this section cancel such agreement and thereupon all rent or instalments shall become due and payable in the same way and to the like extent as if the agreement had not been entered into.

Power to add interest to price of land. No. 3709 s. 307; No. 4597 s. 2 ( 2 ) .

352. (1) Notwithstanding anything contained in this Act, after the value of any land selected or taken up under a licence or lease containing conditions for payment of purchase money by means of instalments extending over any term has been determined the Minister may direct that a condition be inserted in the licence or lease providing that until the final instalment of purchase money is paid to the Crown, interest at the rate of Four pounds ten shillings per centum per annum shall be charged to and paid by the licensee or lessee on such portion of the licence-fees rent or purchase money as for the time being remains unpaid.

(2) This section shall only apply to land classified at a higher value than Three pounds per acre.

(3) Nothing in this section shall apply with respect to any lease in substitution for which a closer settlement lease was issued under the Closer Settlement Act 1938 as on the appointed day thereunder.

1958. Land. No. 6284 695

353. (1) If on or before the due date of any half-yearly gS^f"0 ' payment of rent a lessee or selection purchase lessee of any {£ifayn

arly Crown land (except land acquired and taken by or for the Crown Pe

a* fmsc,J

by purchase or otherwise) situate in the parishes set forth in the Smionof Fourteenth Schedule to this Act (which land is hereinafter referred land under to as "mountainous land") makes application to the Board of cuWvS.or

Land and Works for the exemption provided for in this section ™%l109

and proves to the satisfaction of the Board that he has reduced an area of not less than one-tenth of such land to clean grass or s?hedu1"!h

cultivation he may be granted an exemption from the payment of such a proportionate part as the Board thinks fit of the next ensuing two half-yearly payments of rent in respect of the portion of the land which in the opinion of the Board has been reduced to clean grass or cultivation.

(2) Upon any renewed application from time to time by the Additional said lessee or selection purchase lessee in respect of the said subsequent portion or any additional portion on or before the due date of years' any half-yearly payment of rent he may, on satisfying the Board that the said first-mentioned portion continues to be properly grassed or cultivated and that the additional portion (if any) of the area of such land has been reduced to clean grass or cultivation, be granted a proportionate exemption from the payment of the next ensuing two half-yearly payments of rent in respect of the said first-mentioned portion and additional portion (if any) reduced in the opinion of the Board to clean grass or cultivation.

(3) If any such lessee or selection purchase lessee of 5jj^nt0

mountainous land proves to the satisfaction of the Board— crown ram r in certain

(a) that four-fifths of the area of his land has been reduced cases-to and for a continuous period of ten years kept in clean grass or under cultivation or both in sequence;

(b) that all fees and all half-yearly payments of rent not exempted by this section have been paid; and

(c) that all other conditions of his lease or selection purchase lease have been complied with—

he shall be entitled to apply for and obtain from the Governor in Council a Crown grant of such land.

(4) No exemption from any such payments shall be granted ^ u l a ^ do f

under this section in respect of any portion which was under grass &?.*" or cultivation before the first day of March One thousand nine hundred and nineteen except in cases where the benefit to such portion from being under grass or cultivation has substantially disappeared or no longer exists.

(5) References in this section to a lessee or selection purchase ^ftgggs&t lessee shall be deemed and taken to include references (where the case so requires) to his executors or administrators or to his

696 1958. Land. No. 6284

Power by proclamation lo add " mountainous land " parishes to Fourteenth Schedule.

Proclamation to be laid before Parliament.

Lease forfeited for non-payment of rent not to be revived before revocation of forfeiture. No. 3709 s. 309.

Transfers of leases of Crown lands not to be registered unless all rents &c. have been paid.

No. 3709 s. 310.

Condition for suspension of payment of licence-fees rent &c. No. 3709 s. 311.

trustee assignee or receiver in bankruptcy or (if the lessee or selection purchase lessee is a lunatic or of unsound mind) to the committee of his estate or the Public Trustee.

(6) The Governor in Council may from time to time by proclamation published in the Government Gazette amend the Fourteenth Schedule to this Act by adding thereto—

(a) the name of any other parish in any county mentioned therein; or

(b) additional paragraphs containing the names of any parishes in any other counties—

and the said Fourteenth Schedule so amended shall have thc same force and effect as if such amendment had been enacted in the said Act.

(7) A copy of every proclamation made under this section shall be laid before both Houses of Parliament as soon as may be after it is made.

354. No licence or lease under this Act or any repealed Act relating to Crown lands which has been forfeited for non-payment of one or more half-yearly instalments of licence-fees or rent or purchase money shall under any circumstances be revived unless and until the forfeiture has been revoked by the Governor in Council.

355. Where any Crown lands are held under lease a transfer of the whole or any part thereof to any person (other than Her Majesty or the Board of Land and Works or any Public Department or any person on behalf of the same or the trustee assignee or receiver in bankruptcy or the executor or administrator of the lessee) shall not be registered under the Transfer of Land Act 1958 unless and until the Secretary for Lands by writing under his hand has certified that all rent or instalments of purchase money and all interest due to the Crown at the date of registration in respect of the land demised have been paid.

356. Every licence or perpetual lease of an agricultural or grazing allotment and every conditional purchase lease of land under this Act shall contain a condition that when the licensee or perpetual lessee of an agricultural allotment or a grazing allotment or the conditional purchase lessee of land not acquired or taken for the purposes of closer settlement is unable at any time to pay his licence-fees rents or instalments (as the case may be) as they become due the Board may if the licensee or perpetual lessee or conditional purchase lessee has complied with the conditions of his licence or perpetual lease or conditional purchase lease suspend the payment of such licence-fees rents or instalments to such extent as will not exceed Sixty pounds per centum of the value of the improvements effected on the land over

1958. Land. No. 6284 CJ7

Britain &c. No. 3709

and above any encumbrance thereon and allow him to pay the arrears of licence-fees rents or instalments and interest thereon in one amount or spread over a definite time and may extend the conditional purchase lease for a corresponding time.(a)

357. ( 1 ) T h e Minister may by notice published in the £°[;sflca,i0"ot

Government Gazette declare that the whole or any specified portion available for selection hv

of the lands referred to in the notice are available for selection applicants in

upon selection purchase lease or for being taken up under Giea°m

condit ional purchase lease by applicants in or from Great Britain Ireland or any other pa r t of the British Dominions . o i i

(2) Such lands may be so declared available for a period fixed ^f^j^y18

by notice, and if a period is not so fixed it may be fixed or any so ava^ie. period so fixed may be extended or reduced by a subsequent notice in the Government Gazette.

358. (1) Where the Board— (a) under the provisions of paragraph (/) of sub-section selection

/ 1 N c A.' £ A. • J - purchase and

(1 ) or section forty-nine or any corresponding conditional previous enactment extends a residential lease of leases to be

a selection purchase al lotment; thiofficeo" Titles

(b) under the provisions of sub-section (1) of section N0. 3709 fifty-one or any corresponding previous enactment s-313-extends a non-residential lease of a selection purchase allotment; or

(c) under the provisions of section three hundred and fifty-six or any corresponding previous enactment extends a conditional purchase lease—

the Board shall cause the fact of such extension having been made to be indorsed on the lessee's duplicate original lease in such form as is prescribed and the term of the lease shall subject to this section be extended as shown by such indorsement.

(2) When any lessee's duplicate original lease has been so indorsed it shall be transmitted to the Registrar of Titles and the indorsement shall be recorded on the duplicate original lease registered in the Office of Titles and shall be signed by the Registrar or any Assistant Registrar of Titles.

(3) Subject to this section every lease so indorsed shall be read and construed as if the terms and conditions had actually been altered by the Governor in Council and had actually been inserted in the lease and covenanted and agreed to by the lessee subsequently to such alteration to the extent indicated and on the date mentioned in the indorsement on the lessee's duplicate original lease.


693

Regulations.

1958. Land. No. 6284

(4) (a) The Governor in Council may make regulations with regard to the form of the indorsement to be made on such duplicate original lease and generally with regard to any matter or thing necessary or convenient to be prescribed for giving effect to this section.

(b) Such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the same are made if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

Provision as to the issue of a lease where applicant dies or becomes bankrupt before lease executed. No. 3709 s. 314.

Enforcement of forfeitures. No. 3709 s. 315.

Power to waive covenant or condition as to residence where person called up for service under Commonwealth Defence Acts. No. 3709 s. 316. Propagation of blue mallee for oil production deemed substantial and permanent improvements in certain licences and leases of grazing allotments. No. 3709 s. 317.

359. In the event of the death or bankruptcy (whether before or after the commencement of this Act) of an applicant for a lease before the execution of the lease such lease may be granted in the name of such applicant and be executed by his executor or administrator or (as the case may be) by his trustee assignee or receiver in bankruptcy and shall devolve or pass in like manner as if the lease had been executed by the applicant and the estate of the applicant shall be answerable for the due performance of the covenants and conditions contained or implied in the lease as fully and effectually as if the applicant had executed the lease personally.

360. Any forfeiture incurred under the provisions of this Act may be enforced on behalf of Her Majesty by action or proceeding without the necessity of any inquisition of office.

361. Where the lessee or licensee of any land is called up for naval or military or air service under any Commonwealth Act relating to defence compliance with the covenant or condition as to residence or occupation contained in the lease or licence of such lessee or licensee may at the discretion of the Minister be waived so far as regards the period of such service but no longer.

362. With respect to licences and leases of allotments of land mentioned in the " Schedule of Allotments " to the notice dated the fifth day of August One thousand nine hundred and eight published in the Government Gazette of the twelfth day of August One thousand nine hundred and eight at page 4097 thereof under the heading " Lands Available for Application under section 54, Land Acts 1901-1904" the propagation on any such allotment of the best variety of mallee for oil production, namely blue mallee, by systematic cultivation shall notwithstanding anything in this Act or any corresponding previous enactment be deemed and taken to have been and to be for the purposes of this Act and any such enactment substantial and permanent improvements within the meaning of this Act and any such enactment on such allotment.

1958. Land. No. 6284 699

PART X.—VACANT AND UNCLAIMED LANDS.

363. In this Part unless inconsistent with the context or interpretation. subject-matter— No. 3709

s. 318.

Court " means the Supreme Court of the State of Victoria. Grantee " includes the person named as the grantee in

the undelivered Crown grant and also the person named as the grantee in the unregistered Crown grant sealed subsequent to the commencement of the Real Property Act of 1862 No. 140.

Minister " means the responsible Minister of the Crown for the time being administering Part I. of this Act.

Registrar " means the Registrar of Titles. Vacant land " means land unenclosed and unoccupied.

' Court."

' Grantee."

' Minister.'

" Registrar.'

" Vacant land."

364. (1) Where a Crown grant under the general law has saieof been sealed previously to the commencement of the Real Property unclaimed Act of 1862 but not delivered to the grantee, or has been sealed certain under that Act or under the Transfer of Land Statute of 1866 No. ™|jeUvered

301 previously to the first day of January One thousand eight crowntered

hundred and seventy but has not been registered under the said grants-Act or Statute and such grant has ever since such sealing remained s. 319. in the possession and under the control of the Crown by reason of the moneys prescribed by law to be paid to the Crown upon such delivery or registration not having been paid it shall be lawful for the Governor in Council in the name and on behalf of Her Majesty, and notwithstanding the restriction in section twelve at any time or times to sell in fee-simple by public auction the whole or any part or parts of any vacant land comprised in any such grant (but not with land in any other grant), and either at one or at several times and subject to such minimum or upset price terms conditions exceptions reservations and otherwise as the Governor in Council may direct, with power to rescind or annul any such sale and resell in manner aforesaid; and may direct the Minister to effect such sale.

(2) Upon such direction the Minister shall cause notice of Minister to such intended sale to be published in the Government Gazette notices of

and in two newspapers published in the city of Melbourne in saies.ded

three successive weeks with an interval of not less than five days between each publication; also in at least one issue of a newspaper published and circulating in the neighbourhood of the land; also to be sent through the post by registered letter addressed to the grantee at the address (if any) appearing on the grant; and also to be posted on the land the subject of the sale and in a conspicuous place in the Office of Titles. Such notice shall be so published and sent and posted within twelve months and before one month of the time thereby fixed for the sale, and shall be in the form or to the effect of the Fifteenth Schedule to this Act. The Minister fci'ldSS

700 1958. Land. No. 6284

Notices not repeated on subsequent sale of same land.

Application of purchase money. No. 3709 s. 320.

Surplus money payable into the Trust Funds to attend orders of Court.

may also at his discretion cause notice to be sent through the post by registered letter addressed to the owners and occupiers of land abutting on the land to be sold, or to any other person.

(3) If after notices have been duly published sent and posted in the manner prescribed any land comprised therein after being duly offered for sale remains unsold it shall not be necessary on any subsequent attempted sale to publish send or post notices in the manner prescribed by the last preceding sub-section, but it will be sufficient to advertise such sale in the manner adopted in an ordinary sale of Crown land.

365. The purchase money arising from any such sale shall be applied as follows:—

(a) Firstly in payment of all costs charges and expenses of or incident to the sale and to any previously attempted sale of the same land; and

(b) Secondly in payment of all rates taxes and other imposts and charges with or for which the grantee his heirs executors administrators or assigns or the land itself would have been legally chargeable and liable to the Crown or to any municipality or water trust or under the Water Act 1958 or any corresponding previous enactment at any time or times throughout the interval between the sealing of the undelivered or unregistered grant of such land and its sale in respect of such land had the grant thereof been duly delivered or registered at the date of sealing. The surplus (if any) of the purchase moneys shall be paid with the privity of the Minister into the Trust Funds to an accouni to be opened in the names of the Minister and original grantee in the matter of the original grant (specifying the same) in trust to attend the orders of the Court.

Power for Court to make orders on petition as to the surplus money>! No. 3709 s. 321.

366. The Court may from time to time make such orders as to it seems fit in respect of the moneys so paid into and for the time being remaining deposited in such account as aforesaid upon a petition to be presented in a summary way to the Court by the grantee his executors or administrators or such person or persons as to the Court appear competent and necessary in that behalf, and may direct service of such petition upon such person or persons and in such manner as the Court sees fit and every order made upon any such petition shall have the same authority and effect and be subject to rehearing and appeal in the same manner as ii the same had been made in a suit regularly instituted in the Court: Provided that such petition must be presented within two years from the date of the payment of the surplus moneys into the said account.

1958. Land. No. 6284 701

Subject to order of court surplus moneys after lapse of three years to become property of the Crown. No. 3709 s. 322.

Application to Registrar for delivery or registration of grant. No. 3709 s. 323.

367. Upon the expiration of three years from the payment of the surplus moneys into the said account such surplus shall if no such petition has been presented within the two years prescribed by the last preceding section or subject to any order of the Court made in any petition so presented become and be the absolute property of the Crown, and shall upon order of the Court made in that behalf on the application of the Minister be paid into the Treasury.

368. (1) When a sale of land has been advertised under the provisions of this Part it shall be lawful for the person named therein as grantee his executor or administrator at any time up to within fourteen days of the date fixed by the advertisement for the sale to apply(a) in writing signed by the applicant to the registrar for delivery or registration (as the case may be) of such grant; and such application shall be accompanied by evidence by statutory declaration that he is such grantee executor or administrator (as the case may be) and verifying all the allegations of fact stated in the application.

(2) The registrar shall investigate the merits of the Registrar to application, and for that purpose may call for such further application, evidence and direct such notices to be published or served as he deems necessary, and may after such investigation in his discretion grant such application or refuse the same.

(3) The Minister may if necessary for the purposes of such J5^X investigation postpone such sale; or if the application is granted N* Jjre

cJl" withdraw the lands from sale. withdraw

sale.

369. (1) If such applicant is dissatisfied with the refusal of Power of the Registrar it shall be lawful for him to require the Registrar to summon"t0

set forth(a) in writing under his hand the grounds of his refusal and show cause if

he may if he thinks fit at his own cost summon the Registrar to appear before the Court to substantiate and uphold the grounds of such refusal as aforesaid, such summons to be issued under the hand of a judge of the Court, and to be served upon the Registrar six clear days at least before the day appointed for hearing the complaint of such applicant.

(2) Upon such hearing the Registrar or his counsel shall have Procedure

the right of reply, and the Court may if any question of fact be o.fu™,lie

involved direct an issue to be tried to decide such fact, and the Court shall make such order in the premises as the circumstances of the case require and the Registrar shall obey such order and the Court may make such order as to the costs and expenses of and attending upon such summons or proceedings as it deems just, and all costs and expenses to be paid by the Registrar under such order shall be paid out of the Assurance Fund existing in connexion with the Transfer of Land Act 1958.

dissatisfied. No. 3709 s. 324.

(a) For fee, see Sixteenth Schedule. VOL. iv.—23

702 1958. Land. No. 6284

If application granted certain payments to be made by applicant before delivery or registration. No. 3709 S.325.

370. (1) If the application for delivery or registration is granted the applicant shall before such delivery or registration pay to the Minister the costs charges and expenses of and incident to the advertising or postponement of or withdrawal from sale together with the amount (if any) which by section three hundred and sixty-five would have been chargeable upon the purchase money had the land been sold under this Part; and he shall also pay to the Collector of Imposts the fees and charges chargeable on delivery or registration, and all moneys hereby made chargeable upon such delivery or registration shall until paid be a charge upon the land in the grant, and if not paid within three months of the date of the granting of the application the land may at any time thereafter (such charge remaining unsatisfied) be sold by the Crown in manner prescribed by sub-section (3) of section three hundred and sixty-four as to the sale of land remaining unsold after an attempted sale; and the proceeds shall be applied and dealt with as nearly as may be in manner prescribed by section three hundred and sixty-five.

Receipt to be produced before registration.

(2) The receipt of the Minister and of the Collector of Imposts for the moneys so made payable to them respectively must be produced to the Registrar before he makes such delivery or registration.

Minister to send purchaser's Crown grant to Registrar with contract of sale. No. 3709 s. 326.

371. (1) Upon a sale under this Part whether of the whole or of any part of the land comprised in the grant, and payment of all purchase money and fulfilment of the conditions of sale on the part of the purchaser the Minister shall direct a Crown grant of the fee-simple of the land purchased dated the date of purchase to be prepared in duplicate in the name of the purchaser and sent together with the contract to the Registrar for registration.

How purchaser's Crown grant and original grant to be dealt with by Registrar.

(2) The Registrar shall after receipt of the said grant and contract upon production of the Collector of Imposts' receipt for the registration fee and contribution to the Assurance Fund register and deal with the grant in duplicate in manner prescribed by the Transfer of Land Act 1958 for the registration of Crown grants, and shall at the same time annex the contract to the original undelivered or unregistered grants and enrolments thereof (if any) and shall indorse and sign a memorandum on such last-mentioned grants, dated the date of such indorsement reciting the contract and sale under this Part and that the indorsed grant is cancelled as to the land comprised in the contract, and the grant to the purchaser when registered shall have the same validity as a Crown grant of the same date issued for Crown land for the first time alienated from the Crown.

1958. Land. No. 6284 703

No claim to lie against the Crown or Minister in respect to conditions of sale and purchaser not to be affected by irregularities. No. 3709 s. 327.


372. No claim for compensation or damage shall lie against the Crown or Minister, or any person acting under his direction in respect of the minimum or upset price fixed or the price accepted, or the terms covenants conditions exceptions and reservations on which the land was sold, or for any breach of covenant or other default on the part of the purchaser or for anything done or omitted to be done in connexion with the sale or by reason of the notice of sale not reaching the grantee, and no person shall be bound to see or inquire whether the land offered for sale is land authorized to be sold under this Part, or whether such notice as aforesaid has been published or sent or posted in the prescribed way, or otherwise as to the validity or regularity of such sale, or as to the disposal of the purchase moneys, or be affected by any notice in respect of any such matters.

373. (1) The Governor in Council shall have power from time to time to make alter and rescind rules regulations and orders for all or any of the following purposes so far as such rules regulations and orders are not inconsistent with the Transfer of Land Act 1958:—

(a) For prescribing how and by whom the upset or minimum price of land sold under the provisions of this Part is to be ascertained and fixed;

(b) For prescribing how and by whom the amounts of the rates taxes and other imposts and charges by section three hundred and sixty-five made payable out of the purchase money arising from a sale under this Part shall be ascertained and fixed;

(c) Generally for carrying out and giving effect to the objects and provisions of this Part.

(2) All such regulations when made by the Governor in Tobeuid Council shall be published in the Government Gazette and when Parliament,

so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-one days before such regulations are approved by the Governor in Council.

374. It shall be lawful for the Registrar to demand the fees Fees to be

specified in the Sixteenth Schedule to this Act, or such other fees ^'3109 as shall hereafter from time to time be appointed by the Governor «•329

in Council in lieu thereof or in addition thereto. PART XT.—LEASING AND SALE OF CROWN LANDS IN THE

TOWNSHIP OF WONTHAGGI.

375. In this Part unless inconsistent with the context or interpretation, subject-matter— s*33o709

" Board " means the Board of Land and Works. " Board.-

Sixteenth Schedule

704 1958. Land. No. 6284

" Prescribed.'

" Regulations."

Term of leases of business sites not to exceed fifty years. No. 3709 8.331.

Revision of rent.

Incoming tenant to pay for improvements.

Improvements—how valued.

' Lessee.'

" Prescribed " means prescribed by regulations under this Part.

" Regulations " means regulations under this Part.

376. (1) Notwithstanding anything contained in section One hundred and thirty-four of this Act where the Governor in Council grants a lease under the said section of any Crown land in the township of Wonthaggi as a site for any purpose other than for a dwelling solely the term of any such lease shall be for a period not exceeding fifty years from the date thereof.

(2) The rent payable by the lessee of any Crown land in the township of Wonthaggi as a site for any purpose other than for a dwelling solely shall be—

(a) as regards any lease granted on or after the twenty-third day of December One thousand nine hundred and twelve for the first ten years from the date thereof and for every successive period of ten years such amount per annum as from time to time is fixed by the Board;

(b) as regards any lease (the term of which was extended under section four of the Wonthaggi Land Act 1912 as amended by any Act) for the first ten years from and after the thirty-first day of December One thousand nine hundred and eleven and for every successive period of ten years such amount per annum as from time to time is fixed by the Board.

(3) Upon the expiration of the term of any lease of any Crown land in the township of Wonthaggi as a site for any purpose other than for a dwelling solely granted on or after the twenty-third day of December One thousand nine hundred and twelve or the term of which was extended under section four of the Wonthaggi Land Act 1912 as amended by any Act the lessee shall be paid by the incoming tenant (if any) the value of any improvements on the land comprised in the expired lease.

(4) The value of such improvements shall be determined by an appraiser appointed by the Board and shall be paid in such manner as is prescribed.

(5) For the purposes of this section "lessee" includes the executors administrators or permitted assigns of the lessee.

Provisions of ss. 134 and 135 as to minimum rent not to apply. No. 3709 s. 332.

377. (1) So far only as regards any Crown lands in the township of Wonthaggi the words in sections one hundred and thirty-four and one hundred and thirty-five of this Act or any corresponding previous enactment providing for a minimum rent shall not apply.

1958. Land. No. 6284 705

(2) Notwithstanding anything contained in any lease of any ViSi!SngnoC

Crown land in the township of Wonthaggi as a site for any purpose fe°ans °f

n 'm

other than for a dwelling solely the buildings erected thereon may business sites, be constructed of such materials (not necessarily stone brick or concrete) as the Board approves.

378. (1) Notwithstanding anything contained in this Act { option where the Governor in Council has granted a lease of any Crown of purchase. land in the township of Wonthaggi the lessee may apply in writing & 33"09

for permission to surrender his lease in order that he may be allowed to purchase the land comprised therein.

(2) Such surrender shall be made in writing under the hand J-Uerarsee„5°r"d.

of the lessee and may be in such form as may be prescribed. (3) The-Governor in Council may if he thinks fit (on the lessee Acceptance of

entering into an agreement to purchase) accept such surrender surren er" and may sell the land in fee-simple to such person at such price as may be determined by an appraiser appointed by the Board.

(4) Such person shall pay the purchase money in one sum J^SS 0 1

or a deposit in cash of Five pounds per centum of the whole price JJ^ tand

and shall pay the residue of the price by forty equal instalments on the last day of each successive period of six months from the date set forth in the agreement to purchase or if the purchaser chooses at any earlier time or times and such residue of the price shall bear interest at the rate of Four pounds ten shillings per centum per annum to be computed with respect to each instalment for the period which has elapsed between the date set forth in the agreement and the end of each successive period of six months during which the payment of such instalment is made.

(5) On payment of the whole of the purchase money for such issue of land the Governor in Council may issue a Crown grant therefor. Emn'

(6) The Crown grant issued for such land shall be subiect to conditions in , , . , . . . , , . 1 , •! . Crown grant.

such conditions exceptions and reservations and to such restrictions as to use and transfer of such land as are not inconsistent with the provisions of the surrendered lease as the Governor in Council may direct.

(7) For the purposes of this section "lessee" includes the "Lessee." executors or administrators or permitted assigns of the lessee.

379. (1) Notwithstanding anything contained in section One Ru£?na . of

hundred and forty where any person being the licensee, under resuientfa" section One hundred and thirty-eight or any corresponding previous under licence. enactment of any Crown land in the township of Wonthaggi as ™%l109

a site for a dwelling solely has erected thereon such buildings or improvements as may be prescribed and has complied with the conditions of his licence he shall at any time subject to the approval of the Governor in Council have the right to purchase such land

706 1958. Land. No. 6284

Rent and fees paid to be credited to purchase money.

How balance of purchase money payable.

Restriction as to purchases.

Issue of Crown grant.

Conditions in Crown grant.

" Licensee."

and the Governor in Council may sell to such person such land in fee simple at a price to be determined by an appraiser appointed by the Board.

(2) The licensee on so exercising his right to purchase shall be credited with any rent or fees paid under such licence towards the purchase money of such land.

(3) Such licensee may pay to the Crown the balance (if any) of the purchase money in one sum or in ten equal half-yearly instalments in such manner as may be prescribed.

(4) No such licensee shall be entitled to purchase more than one such site.

(5) On payment of the whole of the purchase money of such land the Governor in Council may issue a Crown grant therefor.

(6) Every such Crown grant shall be subject to such conditions exceptions and reservations and to such restrictions as to use and transfer of such land as are not inconsistent with the provisions of the surrendered licence as the Governor in Council may direct.

(7) For the purposes of this section "licensee" includes the executors or administrators or permitted assigns of the licensee.

Persons being tenants of State-owned cottages to have right cf purchase. No. 3709 s. 335. Agreement to purchase.

Purchase money—how payable.

Transfer of interest in agreement.

Issue of Crown grant.

Conditions in Crown grant.

1 Purchaser.'

380. (1) Where any person is a tenant of the Crown of land in the township of Wonthaggi upon which there is a cottage the property of the Crown such person may apply in writing for permission to be allowed to purchase such land and cottage.

(2) The Governor in Council may if he thinks fit on such person entering into an agreement to purchase in such form and subject to such terms and conditions as may be prescribed sell in fee-simple to such person such land and cottage at such price as may be determined by an appraiser appointed by the Board.

(3) The purchase money for such land and cottage thereon shall be paid at such times and in such manner as may be prescribed.

(4) The purchaser may with the consent of the Board transfer his interest in such agreement to any person.

(5) On payment of the whole of the purchase money of such land the Governor in Council may issue a Crown grant therefor.

(6) The Crown grant issued for such land shall be subject to such conditions exceptions and reservations and to such restrictions as to use and transfer of such land as are not inconsistent with the provisions of the surrendered agreement as the Governor in Council may direct.

(7) For the purposes of this section " purchaser " shall include the executors or administrators or permitted assigns of the purchaser.

1958. Land. No. 6284 707

381. Where on any sale by the Governor in Counci l of any crameran Crown lands pursuant to either of the last two preceding sect ions— °ands m

r r ° Wonthaggito . . i i . i . . be subject to (a) an agreement as to such sale has been entered into mortgage of

between the Governor in Council and the purchaser; interest in agreement for

(b) by such agreement the purchaser is (with the consent ^Tro-T^ of the Governor in Council but not otherwise) s.°36. permitted to mortgage his interest in the agreement to any person; and

(c) pursuant to such agreement the purchaser has mortgaged his said interest—

the said mortgage shall before the issue of the Crown grant be indorsed by the Registrar of Titles as an encumbrance on the Crown grant to be issued for such land; and thereupon such mortgage shall by the operation of this Act apply to such Crown grant and to the land thereby granted and shall become and be deemed to be a charge thereon and shall have the same operation and effect in all respects as if such Crown grant and the land included therein had been referred to in and made subject to such mortgage.

382. If any person holds in fee simple any land to which this Lands new Par t refers or any estate or interest in any such land contrary to Actto?ry to

the provisions of this Pa r t or the conditions of any Crown grant grant may be issued therefor such land estate or interest shall be liable to be H|feMa1es°y." forfeited to Her Majesty. NO. 3709

3 J s. 337.

383. ( 1 ) N o Crown grant or lease or licence of Crown lands Validation of in the township of Wonthaggi issued on or after the fourth day of Crown grants January O n e thousand nine hundred and ten and before the j?c

aencesnd

twenty-first day of December One thousand nine hundred and NO. 3709 .. twenty-one shall be deemed to be invalid by reason only of any s' non-compliance with the provisions of section eighty-five of the Coal Mines Act 1958 or any corresponding previous enactment.

( 2 ) Notwithstanding that the provisions of the said section Power to issue eighty-five are not complied with, Crown land in the township grants leases of Wonthaggi may pursuant to the provisions of any Act for the o??an<ieatces

time being in force relating to Crown lands be sold or leased or ^twith-88' licensed under a lease or licence enabling the lessee or licensee to n

t*n1.din8 .

acquire the fee-simple thereof and the Crown grant lease or licence ^"coa™ of the same may be issued accordingly. Mines Act.

384. (1) The Governor in Council may make regulations not Regulations. inconsistent with this Part prescribing all matters which are K " 9 ' required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

708 1958. Land. No. 6284

(2) All such regulations when made by the Governor in Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-one days before such regulations are approved by the Governor in Council.

Construction. No. 3709 s. 340.

PART XII.—MINERAL SPRINGS ON CROWN LANDS.

385. This Part shall be read and construed as one with Part I. of this Act.

Administration. No. 3709 s. 341.

Interpretation. No. 3709 s. 342

" Committee."

" Mineral Springs Reserve."

" Prescribed."

" Regulations."

Permanent reservation of mineral springs. No. 3709 s. 343.

Crown lands already reserved for mineral spring purposes to be dealt with under this Part. No. 3709 s. 344.

Hepburn Mineral Springs. No. 3709 s. 345. Mineral Springs Reserves Committee. No. 3709 s. 346.

386. The Minister for the time being administering the State Forests Department shall administer this Part.

387. In this Part unless inconsistent with the context or subject-matter —

" Committee" means the Mineral Springs Reserves Committee under this Part.

" Mineral Springs Reserve " means any Crown land reserved in pursuance of this Part or any corresponding previous enactment.

" Prescribed" means prescribed by this Part or the regulations.

" Regulations " means regulations under this Part or Part I. of this Act.

388. The Governor in Council may under section fourteen permanently reserve any specified areas of Crown lands (including State Forests) on which there are mineral springs as reserves for the preservation of such lands and springs for the recreation convenience or amusement of the people.

389. Any Crown land on which there is a mineral spring and which before the commencement of this Act was permanently reserved on that account under section ten of the Land Act 1915 or under any corresponding previous enactment shall if such reservation is still in force be deemed a Mineral Springs Reserve and shall be subject to the provisions of this Part.

390. Nothing in this Part shall apply to the land described in the Schedule to the Hepburn Springs Land Act 1903.

391. (1) The Governor in Council may appoint a Committee of not less than five persons to be called the Mineral Springs Reserves Committee.

1958. Land. No. 6284 709

(2) No person shall unless with the approval of the Minister Tenure of be appointed a member of the Committee for a term of more than office' four years, but subject to this Part any person appointed a member of the Committee shall upon the expiration of the term for which he was so appointed be eligible for reappointment.

( 3 ) T h e Governor in Council may appoint one of the members chairman. of the Commit tee to be the chairman of the Committee.

(4) The Governor in Council may remove the chairman Removal, or any member of the Committee and fill any vacancy or vacancies occurring from time to time.

( 5 ) Dur ing any vacancy in the Commit tee the continuing vacancies. members subject to there being a quorum may act as if no vacancy existed.

(6) A quorum of the Committee shall consist of not less than Quorum,

three members .

(7) At any meeting of the Committee the chairman or in his Chairman, absence any member elected to act as chairman of such meeting shall preside and have a second or casting vote.

( 8 ) Any member of the Commit tee who is absent from four Absence from consecutive meetings of the Commit tee without leave of absence msqu^ulca-being granted him by the Commit tee shall forfeit his seat thereon and his seat shall be vacant accordingly.

tion.

Committee. No. 3709

392. The Commit tee may subject to the approval of the Appointment Governor in Council appoint an officer in the public service to act of secretary-as its secretary and subject to such approval may at any time s.3'47™ cancel such appointment.

393. ( 1 ) Subject to this Par t the C o m m i t t e e — Duties of the (a) is hereby charged with the protection preservation and

improvement of all mineral springs reserves; s-"34*'-(b) shall have the control management and regulation control of

of all mineral springs reserves and authority to l ngs1

collect and receive all moneys tolls entrance fees reserves-and other charges as may be prescribed;

(c) shall have full power in the name or names either of Legai any one or more of its members or of some person Proceedines. or persons appointed in that behalf by the Committee to take legal proceedings in a court of petty sessions for any offence under this Part or for the breach or non-observance of any regulations with full power to do all acts matters and things in connexion with or incidental to such proceedings;

(d) shall have and may exercise all such powers and duties Exercise of as are prescribed; duues r . i b e d

710 1958. Land. No. 6284

Authority 10 appoint local committees &c.

Revenues.

(e) may appoint or authorize local committees or any person or persons to carry out any particular act or acts or any prescribed duties or exercise any powers prescribed by this Part or for the purposes of this Part.

(2) All moneys tolls entrance fees and other charges made and collected under this section shall be paid into the Consolidated Revenue.

Bailiffs and others to aid in the administration of Act and regulations. No. 3709 s. 349.

394. It shall be the duty of all bailiffs of Crown lands forest officers inspectors of mines members of the police force State school teachers and employes of the Railway Department to aid in carrying out the provisions of this Part or any regulations and all such officers and employes are hereby authorized accordingly and shall severally act in aid of and be auxiliary to each other for the said purpose.

Authority of persons appointed by Committee under Act. No. 3709 s. 350.

395. The Committee may in all cases where power is given by this Part to appoint or authorize any person or persons for a particular purpose or to do a particular act appoint or authorize such person or persons generally for any such purpose or purposes; and such person or persons may do all things within the scope of such general authority in all cases to which his or their appointment or authority purports or can be construed to extend.


396. (1) The Governor in Council may make regulations for all or any of the following purposes:—

(a) For the control care protection preservation improvement and management of mineral springs reserves or any part thereof;

(b) For the preservation of good order and decency in such reserves;

(c) For the imposition collection and receipt by the Committee of moneys tolls entrance fees or other charges for entering in or upon such reserves or any specified part or parts thereof;

(d) For regulating the appointment by the Committee of local committees for particular reserves and for prescribing the tenure of such committees and the powers and duties which may be assigned to them by the Committee:

O) For the destruction of vermin and prevention of fires on such reserves;

(/) For all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part; and

1958. Land. No. 6284 711

(g) For imposing any penalty not exceeding Ten pounds for any contravention of any such regulations.

(2) All such regulations shall be published in the Government Publication. Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

(3) Copies of all such regulations shall be posted in conspicuous places on the mineral springs reserves.

397. Notwithstanding anything contained in any Act the Leases for

Governor in Council or any person duly authorized by the springs and

Governor in Council in that behalf may on the recommendation fj«n'cees. of the Committee in respect of any mineral springs reserve or any No. 3709 part thereof— s352 '

(a) grant under sections one hundred and thirty-four and one hundred and thirty-five of this Act leases for the working of mineral springs;

(b) grant under sections one hundred and thirty-four one , hundred and thirty-five or one hundred and

thirty-eight leases or licences for any of the purposes for which leases or licences may be granted under any of the said sections;

(c) grant under section one hundred and thirty of this Act or section fifty-two of the Forests Act 1958 licences for grazing purposes.

398. (1) The Committee shall prepare for the Minister not Annual repoa. later than the thirtieth day of September in each year an annual N0.3709 report to the preceding thirtieth day of June of all proceedings under this Part.

(2) Such report shall contain a statement in detail of the total revenue derived from all rents moneys tolls fees and other charges made in respect of mineral springs reserves and the total expenditure on such mineral springs reserves during the twelve months ended on the thirtieth day of June next preceding.

(3) The report shall as soon as conveniently may be be laid by the Minister before both Houses of Parliament.

s. 353.

SCHEDULES.

FIRST SCHEDULE. Section 2_

No. of Act. •

3709

3943

4095

Title of Act.

Land Act 1928

Statute Law Revision Act 1930

Land Act 1932

Extent of Repeal.

So much as is not already repealed.

Item in Schedule referring to Land Act 1928.

The whole.

1958. Land. No. 6284

FIRST SCHEDULE—continued.

Number of Act.

4181 4191

Title of Act.

6119

Land Act 1933 Statute Law Revision Act 1933

Government Advances (Reduction of Interest) Act 1934


Land Act 1934

Land (Residence Areas) Act 1935

Country Roads (Tourists' Roads) Act 1936

Land (Crown Leases Adjustment) Act 1936

Closer Settlement Act 1938 . .


Public Trustee Act 1939

Land (Residence Areas) Act 1939 Statute Law Revision Act 1940

Land Act 1941 . . . Land Act 1944 Country Fire Authority Act 1944 Land (Grazing Licenses) Act 1946 North-West Mallee Settlement Areas Act

1948 Land (Leases) Ait 1948 North-West Mallee Settlement Areas

(Amendment) Act 1949 Land (Grants and Leases) Act 1949 Land (Development Leases) Act 1951 . . Land (Development Leases) Amendment

Act 1952 Statute Law Revision Act 1953

Limitation of Actions Act 1955

Land (Improvement Purchase Lease) Act 1956

Melbourne and Metropolitan Board of Works Act 1956

Land (Unused Roads) Act 1956 Statute Law Revision Act 1957

Land (Resumption) Act 1957

Extent of Repeal.

The whole. Items in Schedule

referring respectively to Land Act 1928 and Land Act 1932.

Clause C of Second Schedule.


So much as is not already repealed.

So much as is not already or otherwise repealed.

Section 8 and Schedule.

The whole.

The letter " B " in section 2 (2) and Part B of First Schedule.


Clause 5 of First Schedule.

The whole. Item in Schedule

referring to Land Act 1928.

The whole. The whole. Part F of Schedule. The whole. The whole.

The whole. The whole.

The whole. The whole. The whole.


Clause 22 of Schedule.

The whole.

Section 17 (2 ) .

The whole. Item in Schedule

referring to Land (Improvement Purchase Lease) Act 1956.

The whole.

1958. Land. No. 6284 713

SECOND SCHEDULE.

The lands comprised within each of the following classes, namely:— Class 1. Good agricultural and grazing lands Class 2. Agricultural and grazing lands Class 3. Grazing lands Class 4. Inferior grazing lands Class 4A. Grazing lands of the poorest quality Class 5. Swamp or reclaimed lands Class 6. Lands which may be sold by auction (not including swamp or

reclaimed lands) Class 7. Auriferous lands Class 8. Water reserves

shall be those delineated by projections bearing a distinguishing colour or shading on maps of the counties in which such lands are situated, namely:—Anglesey, Benambra, Bendigo, Bogong, Boning, Bourke, Buln Buln, Croajingolong, Dalhousie, Dargo, Delatite, Dundas, Evelyn, Follett, Gladstone, Grant, Grenville, Gunbower, Hampden, Heytesbury, Kara Kara, Karkarooc, Lowan, Millewa, Moira, Mornington, Normanby, Polwarth, Ripon, Rodney, Talbot, Tambo, Tanjil, Tatchera, Villiers, and Wonnangatta, which maps were lodged with the Clerk of the Parliaments on the nineteenth day of December One thousand eight hundred and ninety-eight or on any maps which may be substituted for any of the said maps, together with any land which has been or is added to and excluding any land which has been or is excised from the land in any class in accordance with the provisions of sections seven and eight.

Sections 6, 20, 85, 86, 89, 94, 101,117,179.

THIRD SCHEDULE. The licensee [or lessee] for himself his executors administrators and assigns

further covenants with Her Majesty her heirs and successors in manner following (that is to say):—That in the event of any portion of the land hereby licensed or demised being at any time or times required by the Board of Land and Works (hereinafter called the Board) or the Victorian Railways Commissioners for the construction of railways railway stations or railway works already or hereafter authorized to be constructed or by the Governor or Administrator of the Government of Victoria by and with the advice of the Executive Council thereof hereinafter designated the Governor in Council for the construction of water supply works irrigation works reservoirs dams races water-courses or drains or for public roads or highways to be hereafter set out by the Governor in Council he the said licensee [or lessee] his executors administrators or assigns will upon being allowed by the Board or Victorian Railways Commissioners or Governor in Council one month after receiving notice in writing from the Board or Victorian Railways Commissioners or Governor in Council that the land is so required for the removal by him or them of any houses buildings or fences upon the land so required remove such houses buildings and fences and relinquish possession of the land so required, and that neither he nor they will make any claim for compensation whatsoever for the said houses buildings fences or for any improvements upon the said land or for the cost which he or they may incur in such removal nor will he or they make any claim for compensation for any right or interest which he or they may possess in such lease or in such land beyond a proportionate reduction of licence-fees or rent which shall in all cases be fixed by an officer appointed by the Governor in Council for such purpose nor in respect of the severance of such lands from the other lands held under this lease. And it is hereby expressly agreed between the parties hereto that this covenant is to be construed as a release by the said licensee [or lessee] his executors administrators and assigns to Her Majesty her heirs and successors from all or any payment to him or them and from all claims thereto which might otherwise have been made in respect of resumption of any portion of the land hereby licensed [or demised] for railway purposes or for the purpose of the construction of water supply works irrigation works reservoirs dams races water-courses or drains or for public roads or highways under the before contained conditions for resumption by or on behalf of Her Majesty her heirs and successors.

Sections 83, 125, 243.

1958. Land. No. 6284

FOURTH SCHEDULE. DESCRIPTION OF SWAMP OR RECLAIMED LANDS.

Black Swamp—Parish of Doolam Borodomanin and Brankeet Greta Kelfeera Pieracle—Parish of Killara;

and in addition to land hereinbefore described there shall also be added any swamp or reclaimed land which by proclamation published in the Covenunent Gazette the Governor in Council has declared or declares to be swamp or reclaimed land within the meaning of this Schedule.

FIFTH SCHEDULE. TABLE of half-yearly payments for every One hundred pounds at the rate of Four

pounds ten shillings per centum for interest and the balance in reduction of principal, such half-yearly payments beginning at expiration of first half-year. and repaying the balance of purchase-money by sixty-three half-yearly instalments.

On Account of Half-year. Total Payment Interest at On Account of Balance of

for Half-year. Four and a half per cent.

Principal. Principal owing.

£ s. d. £ s. d. £ 3. d. £ *. </.

1st 3 0 0 2 5 0 0 15 0 99 5 0 2nd 3 0 0 2 4 8 0 15 4 98 9 8 3rd . 3 0 0 2 4 4 0 15 8 97 14 0 4th 3 0 0 2 4 0 0 16 0 96 18 0 5th 3 0 0 2 3 7 0 16 5 96 1 7 6th 3 0 0 2 3 3 0 16 9 95 4 10 7th 3 0 0 2 2 10 0 17 2 94 7 8 8th 3 0 0 2 2 6 0 17 6 93 10 2 9th 3 0 0 2 2 1 0 17 11 92 12 3 10th 3 0 0 2 1 8 0 18 4 91 13 11 11th 3 0 0 2 1 3 0 18 9 90 15 2 12th 3 0 0 2 0 10 0 19 2 89 16 0 13th 3 0 0 2 0 5 0 19 7 88 16 5 14th 3 0 0 2 0 0 1 0 0 87 16 5 15th 3 0 0 1 19 6 1 0 6 86 15 11 16th 3 0 0 1 19 ] 1 0 11 85 15 0 17th 3 0 0 1 18 7 1 1 5 84 13 7 18th 3 0 0 1 18 1 1 1 11 83 11 8 19th 3 0 0 1 17 7 1 2 5 82 9 3 20th 3 0 0 1 17 l 1 2 11 81 (> 4 21st , 3 0 0 1 16 7 1 3 5 80 2 11 22nd 3 0 0 1 16 1 1 3 11 78 19 0 23rd 3 0 0 1 15 6 1 4 6 77 14 6 24th 3 0 0 1 15 0 1 5 0 76 9 6 25th 3 0 0 1 14 5 1 5 7 75 3 11 26th 3 0 0 1 13 10 1 6 2 73 17 9 27th 3 0 0 1 13 3 1 6 9 72 11 0 28th 3 0 0 1 12 8 1 7 4 71 3 8 29th 3 0 0 1 12 0 1 8 0 69 15 8 30th 3 0 0 1 11 5 1 8 7 68 7 1 31st 3 0 0 I 10 9 1 9 3 66 17 10 32nd 3 0 0 1 10 1 1 9 11 65 7 11 33rd 3 0 0 1 9 5 1 10 7 63 17 4 34th 3 0 0 1 8 9 1 11 3 62 6 1 35th 3 0 0 1 8 0 1 12 0 60 14 ] 36th 3 0 0 1 7 4 1 12 8 59 1 5 37th 3 0 0 1 6 7 1 13 5 57 8 0 38th . 3 0 0 1 5 10 1 14 2 55 13 10 39th . . 1 3 0 0 1 5 1 1 14 11 1 . . 53 18 11

1958. Land. No. 6284

FIFTH SCHEDULE—continued.

On Account of Half-year. Total Payment Interest at On Account of Balance of Half-year.

for Half-year. Four and a half Principal. Principal owing. per cent.

£ s. d. £ s. d. £ s. d. £ a. d.

40th 3 0 0 1 4 3 1 15 9 52 3 2 41st 3 0 0 1 3 6 1 16 6 50 6 8 42nd 3 0 0 1 2 8 1 17 4 48 9 4 43rd 3 0 0 1 1 10 1 18 2 46 11 2 44th 3 0 0 1 0 11 1 19 1 44 12 1 46th 3 0 0 1 0 1 1 19 11 42 12 2 16th 3 0 0 0 19 2 2 0 10 40 11 4 47th 3 0 0 0 18 3 2 1 9 38 9 7 48th 3 0 0 0 17 4 2 2 8 36 6 11 49th 3 0 0 0 16 4 2 3 8 34 3 3 50th 3 0 0 0 15 5 2 4 7 31 18 8 51st 3 0 0 0 14 4 2 5 8 29 13 0 52nd 3 0 0 0 13 4 2 6 8 27 6 4 53rd 3 0 0 0 12 4 2 7 8 24 18 8 54th 3 0 0 0 11 3 2 8 9 22 9 11 55th 3 0 0 0 10 1 2 9 11 20 0 0 56th 3 0 0 0 9 0 2 11 0 17 9 0 57th 3 0 0 0 7 10 2 12 2 14 16 10 58th 3 0 0 0 6 8 2 13 4 12 3 6 59th 3 0 0 0 5 6 2 14 6 9 9 0 -60th 3 0 0 0 4 3 2 15 9 6 13 3 61st 3 0 0 0 3 0 2 17 0 3 16 3 62nd 3 0 0 0 1 9 2 18 3 0 18 0 •63rd 0 18 5 0 0 5 0 18 0 ••

SIXTH SCHEDULE. FORM OF INFORMATION AGAINST UNAUTHORIZED OCCUPANT OF CROWN LANDS.

•Elizabeth II., 1 The information of A.B., to wit. J

-on behalf of and authorized by the Board of Land and Works, taken this day of in the year 19 , before the undersigned, one of Her Majesty's Justices of the Peace, who saith that C D . of is in unauthorized occupation of certain Crown lands situate at which were •held by him under a licence [or lease] bearing date the day of 19 , which said licence {or lease] has expired [or become void or forfeited] or [been revoked] under the provisions of Part of the Land Act , and possession of which Crown lands he refuses or neglects to deliver up.

Sworn before me the day and year first above mentioned at A.B.

J.P.

SEVENTH SCHEDULE. FORM OF SUMMONS TO UNAUTHORIZED OCCUPANT.

ii II., \ /it. J

Elizabeth to wit. To of in Victoria. You are hereby summoned to appear before the Court of Petty Sessions to be

holden at on the day of at o'clock in the forenoon, then and there to answer to an information authorized by the Board of Land and Works, for that you are in the unauthorized and illegal occupation of certain Crown lands, to wit— possession of which you neglect or refuse to deliver up.

716 1958. Land. No. 6284

SEVENTH SCHEDULE-

Given under hand and seal this One thousand nine hundred and

continued. day of in the year

J.P. (L.S.)

NOTE.—In case you fail to attend this summons, upon proof of reasonable notice to you of the same, the complaint will be heard in your absence, and such order made as to the Justices present shall seem fit.

Section 195.

Section 211

EIGHTH SCHEDULE.

FORM OF WARRANT TO DISPOSSESS UNAUTHORIZED OCCUPANT.

Elizabeth II., \ to wit. J To

and all members of the police force. Whereas on the day of in the year 19 is was made to appear to two Justices one of whom was a Stipendiary Magistrate who have adjudged that the said A.B. is in the unauthorized and illegal occupation of certain Crown lands [here state description of lands].

These are therefore to require you, that without delay you cause the said Board of Land and Works to have possession of the said premises with the appurtenances, and to eject the said A.B. and all other persons therefrom, for which this shall be a sufficient warrant.

Given under my [or our] hand [or hands] [by a Justice or two Justices], this day of

Lowan Rodney Moira Talbot Mornington Tanjil Normanby Tatchera Polwarth Villiers. Ripon

And in addition to the counties hereinbefore mentioned any counties and districts which by proclamation published in the Government Gazette the Governor in Council has added or adds to this Schedule.

Anglesey Bendigo Bogong Borung Bourke Buln Buln

NINTH SCHEDU Dalhousie Grant Delatite Grenville Dundas Gunbower Evelyn Hampden Follett Heytesbury Gladstone Kara Kara

Sections 230. 250.

TENTH SCHEDULE. Commencing at a point on the River Murray six chains north from the

south-east angle of the Tyntynder pre-emptive section and bounded on the east and north by the River Murray to the point where the Chalka Creek runs out of the river, by that creek westward and northward till it re-enters the river; thence again by the river to the point where the Walpolla Creek leaves the river, by that creek westward till it rejoins the river; thence again by the River Murray to the point where the Lindsay River leaves the same, by the Lindsay River till it re-enters the Murray, and by the River Murray to the point where the boundary line between Victoria and South Australia intersects the same; on the west by the said boundary line southward to a point twelve miles south of the parallel of 36 deg. of south latitude; thence on the south by a line due east to the south-west angle of the parish of Peechember; thence by the western boundary of that parish and of the parish of Dahwedarre and a production of the same northward to the said parallel; thence by that parallel eastward till it intersects the west boundary of the parish of Warmur; thence by the west and north boundary of that parish and the west boundary of the parishes of Wirmbirchip, Towma, and Marlbed northward to the north-west angle of the last-mentioned parish; thence east by the north boundaries of the parishes of Marlbed, Jil Jil, Nullawil, and Kalpienung, to the parish of Tittybong; thence by the west boundary of that parish and of the parish of Lalbert to the north-west angle of the same; thence by the north boundary of that parish, the west and

1958. Land. No. 6284 717

TENTH SCHEDULE—continued.

north boundary of the parish of Mumbel to the south-west angle of the parish of Castle Donnington; thence by the western boundary of that parish to the north-west angle thereof; thence by a line to the south-west angle of the Tyntynder pre-emptive section and by the south boundary of that section to the south-east angle thereof; and thence by a line north to the point of commencement, and excepting therefrom two blocks of twenty-five square miles each at tne junctions of the Murrumbidgee and Darling Rivers respectively; excepting therefrom that portion of country lying between the River Murray and a line which commences at a point on the river three miles sixty chains in a direct line upwards from the junction of the Benanee Creek with the river and terminates at a point on the river nine miles forty chains in a direct line downwards from the said junction.

ELEVENTH SCHEDULE. The lands not alienated from the Crown and situated in the North-Western

district of Victoria wholly or partially covered with the mallee plant and not specifically included within the boundaries set forth in the Tenth Schedule except such portions thereof as may be specially exempted by the Governor in Council.

Seclion 2.10.

TWELFTH SCHEDULE. Land in the Mallee country which—

(a) before the twenty-fourth day of October One thousand nine hundred and eleven was declared by the Governor in Council to be available for occupation or selection and remained unselected on that date;

(£>) has been selected under licence dated on or after the first day of January One thousand nine hundred and nine; or

(c) has been on or after the twenty-fourth day of October One thousand nine hundred and eleven or is hereafter notified by the Governor in Council as available for being selected under selection purchase lease.

Section 242. No. 4459 s. 7 ( 2 ) (c).

THIRTEENTH SCHEDULE.

LAND IN RESPECT OF WHICH A DEVELOPMENT LEASE OR LEASES MAY BE GRANTED.

Five hundred and seventy-one thousand acres more or less, Counties of Lowan and Weeah within the boundaries hereinafter described.

Commencing at the north-western angle of the Parish of Berontha, County of Lowan; bounded thence by the western boundary of the Parish of Berontha bearing southerly to the north-eastern angle of allotment 64, Parish of Pengana; thence by the northern boundary of that allotment bearing westerly and by the western boundary of the said allotment and a line in continuation thereof bearing southerly to the northern boundary of allotment 63, Parish of Dahwedarre; thence by the northern boundary of that allotment and a line in continuation thereof bearing westerly to the western side of the road forming the western boundary of the said allotment 63; thence by the western side of the aforesaid road bearing southerly to the northern angle of allotment 61; thence by the north-western boundary of that allotment bearing south-westerly to the eastern boundary of allotment 60; thence by the eastern and northern boundaries of that allotment bearing northerly and westerly to the north-western angle of the said allotment 60; thence by the eastern side of a road bearing northerly to a point in line with the northern boundary of allotment 67; thence by a direct line, the northern boundary of allotment 67 and a line in continuation-thereof bearing westerly to the western side of the road forming the western boundary of the said allotment 67; thence by the western side of that road bearing southerly to the north-eastern angle of allotment 66; thence by the northern boundary of allotment 66 and a line in continuation thereof bearing westerly to the western side of the road forming the western boundary of the said

Sections .103. 306. No. 5585 Schedule.

718 1958. Land. No. 6284

THIRTEENTH SCHEDULE—continued.

allotment 66; thence by the western side of that road bearing southerly to the north-eastern angle of allotment 68; thence by the northern boundary of allotment 68 bearing westerly to the north-western angle of that allotment; thence by the western boundary of allotment 68 and a line in continuation thereof bearing southerly to the northern side of the road forming the northern boundary of allotment 101, Parish of Peechember; thence by the northern side of that road bearing westerly to the western side of the road forming the western boundary of the Parish of Peechember; thence by the western side of that road bearing southerly to the northern boundary of the Parish of Yarrock; thence by the northern boundary of the Parish of Yarrock bearing easterly to the western side of the road forming the western boundary of allotment 70, Parish of Yarrock; thence by the western side of that road bearing southerly to the north-eastern angle of allotment 74; thence by the northern boundaries of allotments 74 and 73 bearing westerly to the eastern boundary of the Parish of Murrawong; thence by that boundary bearing northerly and by the northern and western boundaries of the Parish of Murrawong bearing westerly and southerly to the northern side of the road forming the northern boundary of allotment 7, Parish of Durndal; thence by the northern side of that road bearing westerly to the western side of the road forming the western boundary of allotment 6; thence by the western side of the last-mentioned road bearing southerly to the northern side of the road forming the northern boundary of allotment 1; thence by the northern side of that road bearing westerly and by the western side of the road forming the western boundary of the Parish of Durndal bearing southerly to the northern boundary of allotment 1, Parish of Toonambool; thence by the last-named boundary bearing westerly to the eastern side of the road forming the eastern boundary of allotment 3; thence by the eastern side of that road bearing northerly to the northern side of the road forming the northern boundary of allotment 3; thence by the northern boundary of that road bearing westerly to a point in line with the western boundary of the last-named allotment; thence by a line and the western boundaries of allotments 3 and 4 bearing southerly to a point in line with the northern boundary of allotment 35E, Parish of Dinyarrak; thence by a line, the northern boundary of allotment 35E and a line in continuation thereof to the western boundary of the State of Victoria; thence by the western boundary of the State bearing north a distance of forty-one miles forty chains more or less to Mount Little Doughboy, County of Weeah; thence by lines bearing N. 88 deg. 5 min. E. nineteen miles sixty chains and S. 24 deg. 39 min. E. sixteen miles twenty chains more or less to the north-western angle of grazing licence Block 22, and thence by the western boundary of that block bearing South ten miles more or less to the north-western angle of the Parish of Berontha, County of Lowan, being the point of commencement.

Section 353. FOURTEENTH SCHEDULE. Parishes in which Crown lands referred to in this Act as " mountainous

lands " are situate:— 1. In the county of Heytesbury, the parish of Wiridjil. 2. In the county of Polwarth, the parishes of—

Newlingrook Wyelangta Olangolah Moomowroong Weeaproinah Krambruk Wangerrip Moorbanool Wongarra Barwongemoong Barramunga Otway Aire

3. In the counties of Heytesbury and Polwarth, the parish of La Trobe. 4. In the county of Buln Buln, the parishes of—

Woorarra Mirboo Budgeree Wonyip Bulga Jeeralang Gunyah Gunyah Jumbuk Callignee. Mirboo South

And in addition to the parishes hereinbefore mentioned any parishes which the Governor in Council by proclamation published in the Government Gazette has added or adds to this Schedule.

1958. Land. No. 6284 719

FIFTEENTH SCHEDULE. Section 364. PART X.—Land Act 1958.

NOTICE OF INTENDED SALE BY THE CROWN.

His Excellency the Governor with the advice of the Executive Council has under the authority conferred by Part X. of the Land Act 1958 directed the sale by auction of the land hereunder specified.

The land will be sold in fee simple subject to the covenants conditions exceptions reservations and regulations directed by the Governor in Council by an Order dated the day of 19

Upset price, A new Crown grant will be issued to the purchaser and the old one cancelled.

LAND.

[Here, if all the land in the Crown grant is to be sold, insert the description given in the grant omitting the map; if only part is to be sold, insert the words] " Part of " [followed by a description by metes and bounds and abuttals, adding where necessary the words] " a plan whereof can be inspected at the Office of Titles, Queen-street, Melbourne."

Being land comprised in a Crown grant dated the day of with the grantee therein described as [insert name and addition given in grant] which grant has ever since it was sealed remained unclaimed in the possession and under the control of the Crown, and can be inspected at the Office of Titles Queen-street, Melbourne.

SIXTEENTH SCHEDULE. Section 374. FEES.

Application under section 368 . . Twenty shillings. Inspection of grant . . Two shillings and sixpence. Grounds under section 369 ' Five shillings

no. 6284. land act 1958. · 4.—agricultural and grazing lands ss. 38-84. subdivision...

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