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3-206 (Raw)

Item metadata
Speaker:
addressee author,male,Legislative Act,un
ns1:discourse_type
Legal Document
Word Count :
3035
Plaint Text :
ns1:register
Government English
ns1:texttype
Legal English
ns1:localityName
http://dbpedia.org/resource/New_South_Wales
Created:
1861
Identifier
3-206
Source
Clark, 1975
pages
117-24
Document metadata
Extent:
17296
Identifier
3-206-raw.txt
Title
3-206#Raw
Type
Raw

3-206-raw.txt — 16 KB

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<source><g=m><o=u><age=un><status=1><abode=un><p=nsw><r=gen><tt=lg><3-206>
An Act for regulating the Alienation of Crown Lands, 25 Vic., No. 1. 18 October, 1861.
2. On and after the passing of this Act the Orders in Council shall be repealed. Provided that nothing herein shall prejudice or affect anything already lawfully done or commenced or contracted to be done thereunder respectively or to prevent the several provisions of the said Orders in Council from being carried into effect with respect to lands under lease or promise of lease made previously to the twenty-second day of February one thousand eight hundred and fifty-eight during the currency of such leases as fully as if the same had not been hereby repealed.
13. On and from the first day of January one thousand eight hundred and sixty-two Crown Lands other than town lands or suburban lands and not being within a proclaimed Gold Field nor under lease for mining purposes to any person other than the applicant for purchase and not being within areas bounded by lines bearing north east south and west and distant ten miles from the outside boundary of any city or town containing according to the then last Census ten thousand inhabitants or five miles to the outside boundary of any town containing according to the then last Census five thousand inhabitants or three miles from the outside boundary of any town containing according to the then last Census one thousand inhabitants or two miles from the outside boundary of any town or village containing according to the then last Census one hundred inhabitants and not reserved for the site of any town or village or for the supply of water or from sale for any public purpose and not containing improvements and not excepted from sale under section seven of this Act shall be open for conditional sale by selection in the manner following that is to say Any person may upon any Land Office day tender to the Land Agent for the district a written application for the conditional purchase of any such lands not less than forty acres nor more than three hundred and twenty acres at the price of twenty shillings per acre and may pay to such Land Agent a deposit of twenty-five per centum of the purchase money thereof And if no other like application and deposit for the same land be tendered at the same time such person shall be declared the conditional purchaser thereof at the price aforesaid Provided that if more than one such application and deposit for the same land or any part thereof shall be tendered at the same time to such Land Agent he shall unless all such applications but one be immediately withdrawn forthwith proceed to determine by lot in such manner as may be prescribed by regulations made under this Act which of the applicants shall become the purchaser. [118]
18. At the expiration of three years from the date of conditional purchase of any such land as aforesaid or within three months thereafter the balance of the purchase money shall be tendered at the office of the Colonial Treasurer together with a declaration by the conditional purchaser or his alienee or some other person in the opinion of the Minister competent in that behalf under the Act ninth Victoria number nine to the effect that improvements as hereinbefore defined have been made upon such land specifying the nature extent and value of such improvements and that such land has been from the date of occupation the bond fide residence either continuously of the original purchaser or of some alienee or successive alienees of his whole estate and interest therein and that no such alienation has been made by any holder thereof until after the bond fide residence thereon of such holder for one whole year at the least And upon the Minister being satisfied by such declaration and the certificate of the Land Agent for the district or other proper officer of the facts aforesaid the Colonial Treasurer shall receive and acknowledge the remaining purchase money and a grant of the fee simple but with the reservation of any minerals which the land may contain shall be made to the then rightful owner Provided that should such lands have been occupied and improved aforesaid and should interest at the rate of five per centum per annum on the balance of the purchase money be paid within the said three months to the Colonial Treasurer the payment of such balance may be deferred to a period within three months after the first day of January then next ensuing and may be so deferred from year to year by payment of such interest during the first quarter of each year But on default of a compliance with the requirements of this section the land shall revert to Her Majesty and be liable to be sold at auction and the deposit shall be forfeited. [119]
21. Conditional purchasers of portions of Crown Lands under sections thirteen and fourteen of this Act not exceeding two hundred and eighty acres or their legal alienees may make additional selection of lands adjoining to the first selection or to each other but not otherwise and not exceeding in the whole three hundred and twenty acres and subject to all the conditions applicable to the original purchase except residence Provided that in the measurement of such additional selection of lands the frontage shall not exceed the extent which would be allowed to an original selection of three hundred and twenty acres Provided also that nothing herein contained shall prevent the sale of the adjoining lands to any other person before such further conditional purchase shall have been made.
22. Holders in fee simple of lands granted by the Crown in areas not exceeding two hundred and eighty acres who may reside on such lands may make conditional purchases adjoining such lands the areas of which shall not with that of the lands held in fee simple exceed three hundred and twenty acres and which shall not be subject to the condition of residence applicable to conditional purchases in other cases Provided that nothing herein contained shall prevent the sale of the adjoining lands to any other person before such further conditional purchase shall have been made.
23. Crown Lands intended to be sold without conditions for residence and improvement shall be put up for public auction in lots not exceeding three hundred and twenty acres-each at such places in the Police District in which the lands ate situated and at such times as the Minister shall direct to be notified by advertisement in the Gazette not less than one month nor more than three months before the day of sale And the upset prices per acre shall not be lower than for Town Lands eight pounds - Suburban Lands two pounds - other Lands one pound Provided that the upset prices may be respectively fixed at any higher amounts.
26. A deposit of twenty-five per centum of the purchase money for all lands sold by auction under any provision of this Act shall be paid by the purchaser at the time of sale And unless the remainder of such purchase money be paid within three months thereafter the sale and contract shall be void and the deposit shall be forfeited Should the purchaser fail to pay the deposit the land shall be forthwith again put up by the Agent and who shall not accept any bid by the person so failing to pay. [120]
An Act for regulating the Occupation of Crown Lands. 25 Vic.
No. 2. 18 October 1861.
2. On and after the passing of this Act the Acts of Council eleventh Victoria number sixty-one and sixteen Victoria number twenty-nine and the Orders in Council shall be repealed Provided that nothing herein shall prejudice or affect anything already lawfully done or commenced or contracted to be done thereunder respectively or prevent the several provisions of the said Orders in Council from being carried into effect with respect to lands under lease or promise of lease made previously to the twenty-second day of February one thousand eight hundred and fifty-eight during the currency of such leases as fully as if the same had not been hereby repealed.
6. In cases in which two or more persons entitled to leases under the Orders in Council or under this Act may claim the same land the lease shall be granted to the person whose right thereto may have been or may be established after due inquiry to the satisfaction of the Governor or the Minister and in any such case in which the right of either claimant to a lease of the land in dispute shall not have been so established it shall be lawful for the Minister to require such right to be inquired into and determined by arbitration and the lease may be granted in accordance with the award of such arbitration.
11. Crown Lands may be demised by lease for any terms not exceeding the following -- For pastoral purposes in the First Class Settled Districts one year For pastoral purposes in the Second Class Settled Districts or the Unsettled districts live years For ferries bridges wharves quarries and for the erection of machinery for saw mills brickmaking and other objects of a like nature five years For mineral purposes other than gold mining fourteen years Provided that lands within areas bounded by lines bearing north east south and west and distant ten miles from the outside boundary of any city or town containing according to the then last Census ten thousand inhabitants or five miles from the outside boundary of any town containing according to the then last Census five thousand inhabitants or two miles from the outside boundary of any town or village having according to the last Census for the time being one hundred inhabitants or lands set apart for sites of towns or villages or for sale for agricultural purposes or otherwise for the use or accommodation of the public shall not be open for lease for pastoral purposes. [121] 
12. Leases of runs within the First Class Settled Districts may be granted subject to the next following conditions and to the general provisions of this Act - 
(1) Lands shall not be let in portions of less than six hundred and forty acres or one square mile except in special cases hereinafter provided for.
(2) Every such lease shall be for the then current year and shall expire on the thirty-first day of December.
(3) Leases may be renewed annually by payment between the first and thirtieth day of September to the Land Agent of the district or to the Colonial Treasurer of rent for the ensuing year at the rate of two pounds per square mile or such higher rate as the lessee may pay for the current year, unless the lands be required for sale or for any public purpose or for the satisfaction of any pre-emptive lease claims in right of new purchases and leases not so renewed may be brought to sale by public auction.
(4) Leases under the regulations of twenty-ninth March one thousand eight hundred and forty-eight shall not be renewed under those regulations but may be converted into leases under this Act by payment to the Colonial Treasurer in Sydney or to the Land Agent of the district not later than two months from the publication in the Gazette of a notice to that effect of rent for the ensuing year at the rate of two pounds per square mile or such higher rate as the lessee may now pay unless the land be required for sale or for any public purpose or for the satisfaction of any pre-emptive lease claims which may arise under this Act.
(5) The holders in fee simple of any lands may be allowed leases of Crown Lands adjoining to their respective properties without competition at the rate of two pounds per section of six hundred, and forty acres and to the extent of three times their own purchased or granted lands if there be so much vacant Crown Lands available Provided that such Crown Lands shall be taken in a block of rectangular form in which the external lines shall he directed to the cardinal points and if the country has been divided into sections of square miles then according to the general subdivisions of the land as delineated upon the public maps in the Surveyor General's Office and subject also to the exclusion of water necessary to the beneficial occupation of adjoining lands Provided further that the rent to be charged for land so leased to parties not having the right to take six hundred and forty acres shall in no case be less than one pound. [122]
(6) If there be two or more claimants under the last preceding condition of the same land the division of the land amongst them may be settled by arbitration Provided that if such land be of less extent than six hundred and forty acres it may on an award being made be forthwith occupied in accordance therewith and without further formal apportionment Provided also that if at the expiration of three months from the date of a notice in the Gazette announcing to the several claimants of portions not less than six hundred and forty acres the names of their competitors an award shall not have been arrived at and duly communicated to the proper officer the leases of the lands so circumstanced may be offered for sale by auction.
(7) All leases granted under pre-emptive right shall be notified in the Gazette and if within two months from the date of such notification the rent for the same shall not have been paid to the Colonial Treasurer or to the Land Agent of the district leases of the land shall be submitted for sale by auction.
(8) Crown Lands not previously under lease over which no preemptive right of lease shall have been exercised within one year from the passing of this Act may be put up to lease at auction at the Land Office of the district either on application or otherwise but no such sale of leases shall take place without one month's notice thereof having been given in the Gazette.
(9) The upset price of each lot shall be at the rate of one pound per section of six hundred and forty acres or of ten shillings if half of the current year sisal! have expired before the day of sale and the full price bid for each lot shall be paid at the time of sale.
(10) Any lease bid for but the price of which may not be forthwith paid shall thereupon be again offered for sale at auction.
(11) The lease of any land which may have been offered for sale at auction and not bid for may be obtained on payment of the upset price to the Land Agent of the district. [123]
(12) The sale conditional or otherwise of any portion of land under lease shall cancel so much of the lease as relates to the land so sold and to three times the area thereof adjoining thereto Leases may also be cancelled by the Minister for other sufficient reason and the balance of rent froth the date of such cancellation shall in either case be returned to the lessee Provided that the lessee of the lands from which such sale shall be made shall be at liberty either to retain the remaining portion thereof paying however the same amount of rent as for the whole section or surrender the same.
13. The Governor with the advice of the Executive Council may grant leases of Crown Lands in the Second Class Settled Districts or in the Unsettled Districts subject to the following conditions and to the general provisions of this Act - 
(1) Leases of runs shall be converted into leases for five years under this Act by payment to the Colonial Treasurer not later than two months from the date of a notice in the Gazette to that effect of rent to be determined by appraisement of the fair annual value for pastoral purposes of the lands comprised in such runs Provided that in estimating such value neither the construction of dams or reservoirs nor the laying down of grass nor the making of any other improvement by the occupier shall be taken into account Provided also that the rent shall in no case be less than ten pounds per annum Provided also that upon such conversion as aforesaid such runs shall cease to be liable to assessment under the Act twenty-second Victoria number seventeen.
(2) Leases of old runs may on their expiration be in like manner converted into leases for the term of five years under this Act.
(3) The rent shall be payable to the Colonial Treasurer in Sydney for each year after the first year on or before the thirty-first day of December of the year preceding Provided that a fine shall be payable for the whole time during which any rent due shall remain unpaid after that date at the rate of eight per centum on the amount if not more than three months in arrear and of ten per centum if more than three months And if the rent be not paid at or before the end of six months after such date together with such fine 'the lease shall then become forfeited.
(4) Leases shall not confer any right to purchase by pre-emption.
(5) Crown Lands may be resumed from lease for the site of any city town or village or for commonage for the same or for any public purpose whatever and no compensation shall be payable to the holder of such lease for any such resumption excepting re-payment of rent to an extent proportionate to the area withdrawn and the period unexpired Provided also that in any case of partial withdrawal the holder may if he think fit surrender his lease and have the full balance of rent refunded for the unexpired portion of the time for which it was paid. [124]
<\3-206><\g=m><\o=u><\age=un><\status=1><\abode=un><\p=nsw><\r=gen><\tt=lg>

http://ns.ausnc.org.au/corpora/cooee/source/3-206#Raw