64 VICT., No. 15.-See 1 & 2 Edwd. VII., No. 20. [Assented to, 5th December, 1900.] E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. THIS Act may be cited as the Land Act Amendment Act, 1900, and shall be construed as one with the Land Act, 1898, hereinafter referred to as the principal Act. Short title. Amendment of 62 2. SECTION seventeen of the principal Act is amended by striking out all the words after "Government Gazette," and by Viet., No. 37, sec. 17. inserting in lieu thereof: "Provided that if two or more applicants shall lodge applications for the same land on the same day, or if two or more applications for the same land are received through the Post Office on the same day, the applications shall be deemed to be lodged or received at the same time. In such case the right of priority shall be determined by lot, in the manner prescribed in the next following section; but the Minister may, in lieu thereof, in his discretion appoint such persons as he may think fit to hold an inquiry and select the person to whom the land shall be granted." 3. Amendment of 62 Land Act-Amendment. 3. SECTION sixty-six of the principal Act is amended by Vict., No. 37, sec. 66. striking out "homestead lease or," in line four thereof, and by striking out, after the word "prescribed," in line six, the words "and a sum of at least four shillings an acre has been expended on it in statutory improvements," and by striking out the word "Minister," in line seventeen, and inserting "Governor" in lieu thereof. Amendment of sec. 37. 4. THE following words in section sixty-six of the principal 66 of 62 Vict., No. Act are hereby repealed:- "The Minister may estimate the value of the improvements remaining to be made, and upon the licensee or conditional purchaser entering into a covenant to continue to pay rent under the terms of his lease or license until the rent so covenanted to be paid amounts to the half of such estimated value." 5. THE provisions of section sixty-six of the principal Act shall Extension of sec. 66 extend to grazing leases granted under Part VI. thereof, and to homestead leases granted under the Homesteads Act, 1893. to grazing leases. Amendment of 62 6. SECTION sixty-nine of the principal Act is amended by inserting, in line two thereof, immediately after the word "Crown," Vict., No. 37, sec. 69. the words "and such lessee is eligible to select or hold land as a grazing lease. Governor may dispense with certain improvements to homestead farms. Amendment of sec. 37. 7. WHERE in the case of any homestead farm granted under section seventy-eight of the principal Act, or under the Homesteads Act, 1893, a habitable house, costing not less than thirty pounds, has been erected, or, in lieu thereof, thirty pounds has been expended in clearing, or clearing and cropping, or, in lieu thereof, two acres of orchard and vineyard have been properly prepared and planted, and kept in good order, and the Minister is satisfied that a sum equal to Thirty shillings an acre of one-fourth of the acreage of the holding has been expended in clearing and cropping within five years from the date of the occupation certificate, and a further sum of Thirty shillings an acre of one-fourth of the said acreage has been likewise expended within seven years from the same date, and that, from the nature or situation of the land, or the composition of the soil, or because of the heavy nature of the clearing, its further cultivation would be out of proportion to the probable returns, or otherwise impracticable, the Governor may discharge the lessee from obligation to make further improvements. 8. SECTION one hundred and two of the principal Act is 102 of 62 Vict., No: hereby amended by striking out the words "or more than twenty thousand acres, at a rental of ten shillings per thousand acres," in the fourth and fifth lines thereof, and by substituting the words " at the same rental prescribed for pastoral leases within the division in which the land is situated." 9. Land Act- Amendment. 9. SECTION one hundred and thirty of the principal Act is amended by inserting, in line one, after the word "split," the word Amendment of 66 remove." 62 Vict., No. 37, sec. 130. 10. SECTION one hundred and thirty-four of the principal Act is amended by striking out the words "and registered," in the first Amendment of line of sub-section two. 11. SECTION one hundred and forty-six of the principal Act is struck out, and the following is inserted in lieu thereof : 146. ON the expiration by effluxion of time of any pastoral lease not open to renewal on the same or any other conditions to the same lessee, or upon any pastoral lessee being deprived by the Minister, acting under this Act, of the use of any land held under a pastoral lease and comprised within an agricultural area or reserve, the pastoral lessee shall, subject to the provisions of this Act, receive from the Minister the fair value of all lawful improvements then on the land of which the lessee has been deprived, or which being outside such land and comprised in such pastoral lease have become lessened in value by reason of such deprivation. If a pastoral lease be renewed to a succeeding lessee, the previous lessee shall be entitled to receive from the succeeding lessee the fair value of all such improvements existing on the land. The amount of compensation to be paid to a lessee by the Minister or a succeeding lessee for improvements shall, in all cases, be determined, as far as may be, in the manner prescribed in section one hundred and forty-eight of this Act, as if the Minister or the succeeding lessee were a selector. 12. SECTION one hundred and forty-eight of the principal Act is struck out, and the following is inserted in lieu thereof: 148. THE holder of a pastoral lease shall be entitled to claim from any person who, under this Act, selects the whole or any portion of such pastoral lease the fair value of any lawful improvements then existing upon the land applied for, or which being outside such land but comprised in such pastoral lease have become valueless or lessened in value by reason of the pastoral lessee being deprived of the land selected: Vict., No. 37, sec. 134. Amendment of 62 Vict., No. 57, sec. 146. Minister to pay for certain cases. improvements in Amendment of 62 Vict., No. 37, sec. 148. appointed. (1.) The value of such improvements shall be ascertained (2.) Pastoral lessee to be notified of applica tion. Selector to be notified of lessee's claim. Selector may refuse to pay. Date of arbitration to be fixed by Minister. Meeting of arbitrators. Amount of award to be paid within sixty days. Party in default to be bound by arbitrator attending. Costs. Land Act-Amendment. (2.) Within sixty days from the date on which the lessee (3.) If the selector thinks that the improvements are (4.) The arbitrators shall meet and decide upon the (5.) If either of the arbitrators fails to attend, the case shall be heard and decided by the other arbitrator attending, and in the event of neither party attending, the claim for improvements shall be considered as withdrawn. (6.) The arbitrators shall have power to award such costs as in their opinion shall be deemed sufficient; not, however, exceeding in any case Fifty pounds. (7.) Page 353. 13. Land Act-Amendment. Removal of improve (7.) Provided always, that nothing herein contained Amendment of 62 SECTION one hundred and fifty-two of the principal Act is amended by inserting, in line six, immediately after the word Viet., No. 37, sec. "town," the words: "for taking, diverting, conserving, and using 152. water for mining, industrial, and other purposes, or for." 14. THE Governor may, by notice in the Government Gazette, define and set apart for residential leases any unalienated town, suburban, or rural lands, and may in like manner declare any such land as open for selection, and may withdraw any such land from being so open, and may, by regulations, prescribe the terms and conditions on which such leases may be granted. Before any land is ~ 64 Vict., No. 15.-Section 14 amended by No. 29 of 1906: Strike in fee simple. tions in that behalf, shall be sold or granted Residential leases. Gazette notice to be 15. A NOTICE inserted in the Government Gazette, signed or purporting to be signed by the Minister or the Under Secretary for equivalent to Lands, to the effect that any lease, license, or other holding is re-entry. forfeited for default in payment of rent, or for breach or nonobservance or non-performance of the conditions thereof, shall be deemed equivalent to a re-entry and recovery of possession by or on behalf of the Crown within the meaning of the proviso for re-entry expressed in or implied by the lease, license, or other instrument. In the name and on behalf of the Queen I hereby assent ALEX. C. ONSLOW, Administrator. By Authority: RICHARD PETHER, Government Printer, Perth. |