LAND. 463

LAND ACT 1928.

A n A c t t o conso l ida te t h e L a w re l a t i ng to t h e Sale 19 GEOROE V.

and Occupation of Crown Lands. No. 3709.

[12th February, 1929.]

BE it enacted by the King's Most Excellent Majesty by and with Land AU 1915. the advice and consent of the Legislative Council and the Legis­

lative 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 1928, and shall come shore title into operation on a day to be fixed by proclamation of the Governor in ^""So™.*"* Council published in the Government Gazette, and is divided into Parts Divisions and Subdivisions as follows :—

Division 1.—Classification ss. 5-11. Division 2.—Grants and Reservations ss. 12-26. Division 3.—Administration ss. 27-37.

f (1) Alienation ss. 38-42. I (2) Selection Purchase Al-

Division 4.—Agri- | lotments ss. 43-52. cultural and! (3) Perpetual Leases ss. Grazing Lands ' 53-60. ss. 38-84. (4) Mortgages and Liens

ss. 61-69. ^(5) General ss. 70-84.

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

ss. 89-100. Division 7.—Swamp or Reclaimed Lands ss.

101-120. Division 8.—Grazing Licences ss. J 21-124.

PART I.—Crown Lands Generally ss. 3-192.

464 LAND ACT 1928. [19 GEO. V.

Land Act 1915. Division 9. — Leases and f ( l ) Licences for other than

PART I.—Crown Lands Generally-! ss. 3-192.

PART II.—Special Provisions for Mallee Lands ss. 193-235.

Leases ss. 125-128.

Grazing or Agricultural"} (2) Licences ss. 129-Purposes ss. 125-141 I 141.

Division 10.—Commons ss. 142-148. Division 11.—Trespasses, Penalties, Legal Pro­

ceedings, &c. ss. 149-166. Division 12.—Miscellaneous ss. 167-192.

f (1) Classification and limits J of selection ss. 194-198. Division 1.—Class­

ification Leases ss. 204

and J (2) 194-

Selection Leases ss.

Purchase 199-201.

(3) Perpetual Leases L 202-204.

Division 2.—General ss. 205-214. Division 3.—Prevention of Fires ss. 215-226. Division 4.—Miscellaneous ss. 227-235.

ss.

-»»- T > - Division 1.—Conditional Purchase Leases of

S e m e n t s sT \ H o l d i ^ s ss" 2 3 7 " 2 5 2 -236-259 I D i v i s i o n 2.—General ss. 253-259.

PART IV.—Special Settlement Areas ss. 260-262. PART V.—Special ~)

Provisions for Division 1.—Village Communities ss. 264-266. Village Com- I Division 2.—Miscellaneous ss. 267-272. munities and | Division 3.—Labour Colonies ss. 273-280. Labour Colonies J Division 4.—General ss. 281-285. ss. 263-285. J

PART VI.—Resumption of Land for Public Purposes ss. 286-288.

PART VII.—Leases and Licences for Electric Lines ss. 289-293.

PART VIII.—General ss. 294-317.

PART IX.—Vacant and Unclaimed Lauds ss. 318-329.

PART X.—Leasing and Sale of Crown Lands in the Township of Wonthaggi ss. 330-339.

PART XI.—Mineral Springs on Crown Lands ss. 340-353.

PART XII.—Tourists' Resorts ss. 354-362.

Repeal of former Acts. lb. «. 2. First Schedule.

2. ( I ) The Acts mentioned in the First Schedule to this Act to the extent thereby expressed to be repealed are hereby repealed. Such repeal shall not affect any rule regulation order proclamation reservation special appropriation appointment return valuation or classification made or continued or any map or plan prepared, or any covenant or condition entered into, or any mortgage, licence lien, lien or receipt given, or any fee or rate or assessment due or payable, or any rent reserved, or any loan made or any Crown grant lease or licence granted, or right or liability thereby conferred or imposed or any rate struck, or any registration effected under the said Acts or any of them before the commencement of this Act or any right existing before the commence­ment of this Act accrued or accruing to any person to any Crown grant

No. 3709.] LAND ACT 1928. 465

lease or licence or any power or duty of the Registrar of Titles to make Land Act IMS. any alterations in any Crown grants under any repealed Acts relating to Crown lands or any of them.

(2) Nothing herein contained except where otherwise expressly provided shall affect the Mines Act 1928.

(3) 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 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.

(4) The Governor in Council shall in regard to all leases licences Power of

and selections under any of the Acts hereby repealed have and exercise ("SureSand

the same power of revocation and forfeiture, and every such power may ^ " " J ^ 1 ^ 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.

(5) Nothing herein contained shall except where otherwise expressly Existing rights provided be deemed to affect any estate right or interest created or ™e8erild

e8ta

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 saie8 and of selection and purchase and of obtaining licences and leases given »eleotion8-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 this Act any Crown lands have been permanently reserved for any of the purposes men­tioned in section fourteen of this Act or any corresponding previous

VOL. m.—30

466 LAND ACT 1928. fl9 GEO. T.

Land Act 1016. 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.

ib. e. 266 (4). (6) 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.

Interpretation. lb. «. 3.

" Agricultural allotment."

"Board."

"Catt le" in Divisions eight and twelve.

"Cat t le" in Divisions ten and eleven.

" Country lands."

' Cultivate.'

1 Fence."

" Grazing allotment."

" Land Classifi­cation Board."

' Occupy.

'• Part."

"l^erpetual lessee." Ib. «. 58.

" Regulations." " Selector under any previous Land Act or Acts."

PART I.—CROWN LANDS GENERALLY.

INTRODUCTORY.

3 . In this Part unless inconsistent with the context or subject-matter—

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

" Board " means the Board of Land and "Works : "Cat t le" in Divisions eight and twelve of this Part includes

bulls cows oxen heifers steers calves horses mares geldings colts and fillies:

"Cat t le" in Divisions ten and eleven of this Part includes bulls cows oxen heifers steers calves horses 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 described in section four of the Fences Act 1928 except those men­tioned and described in sub-sections (d) to (/') and (h) to (j) (both inclusive) of the said section four:

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

" Land Classification Board" means any Land Classification Board constituted pursuant to this Actor any repealed Act:

"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 Par t of this Act: "Perpetual lessee" includes any transferee assignee and repre­

sentative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of liiw 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 1928.

" Regulations " means regulations under this Pa r t : "Selector under any previous Land Act or Acts" means any

person who has selected Crown lands under Part I I . of The Land Act 1802 or who has become a lessee of any Crown lands under Part 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 Part I. of the Land Act 1915 or any amendment thereof or any corresponding previous enactment:

No. 3709.] LAND ACT 1928. 467

"Substantial and permanent improvements" includes dams Land Act 1915.

wells cultivation fencing clearing or draining of a selection "Substantial and purchase allotment and the erecting of a habitable improvements."

dwelling or farm or other buildings upoa and permanently attached to the soil:

" Traveller "<0> means a person travelling with cattle as defined •• Traveller."

for the purposes of Division twelve or sh.eep for the bond 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" includes dingoes or native dogs, dogs run wild, -vermin. •• dogs at large, foxes, rabbits, and any other animal or any Land Act 1920 bird which the Governor in Council may by proclamation '" ' in the Government Gazette declare to be vermin for the purposes of this Part.

4 . Except where express provision is otherwise made in Part I I . Application of

of this Act the provisions of Divisions 2, 3, 8, 9, 10,11, and 12 of this wlue oo'untry. Part shall as far as they are applicable or capable of being applied Land Act 1916

extend to lands in the Mallee country. Save as aforesaid and save as *' *-

expressly provided in this Part or in Part I I . nothing in this Part shall apply to or affect lands in the Mallee country.^)

DIVISION 1.—CLASSIFICATION.

5. Subject to the Forests Act 1928 the whole of the unalienated classes of lands belonging to the Crown shall be and are hereby divided into the SrownTa'nds. 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 (in this Act Land A a 1921

referred to as Class four A land). 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.

(a) See note to section 177. (6) Bee sections 195 and 198.

LAND ACT 1928. ["19 GEO. V.

Land Act 1916 «. 5. Maps. Second Schedule.

Second Schedule.

6. (1) The area of land comprised in each of the classes specified in the last preceding section shall be as described in the 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 of the same county referred to in the Second Schedule or any map thereof previously deposited in accordance with the last preceding sub-section or 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.

Power to increase or diminish areas o( any class. lb. e. 6.

Areas that may be sold at auction

7. (1) Subject to this Act the Governor in Council may by pro­clamation published in the Government Gazette at any time increase or diminish the area of the land comprised in any class.

(2) The area of land which may be sold by auction (Class 6) shall not be increased except as expressly provided in this'"' or some other Act.

Classification may be revised. lb. «. G. Land Act 1921 >. 4.

No classification after selection.

Classification must precede selection.

8. (I) If it is proved to the satisfaction of the Minister that any portion of land in the first second third or fourth class appears to be too highly classed the Minister shall refer the question of the proper classification of such land to a Land Classification Board. Such Board shall thereupon inquire into and report upon such question.

(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.

(a) See sections 94 and 117.

No. 3709.J LAND ACT 1928. 469

9. (1) Subject to this Act any unalienated land of the Crown Land Act 1015

may before or after being classified in any class be made available *" *• for being selected or taken up under a selection purchase lease or oraftir11 before

perpetual lease as the case may be. classification.

(2) Before any land is so made available a plan of any projected Provisional subdivision of such land shall be prepared and a provisional valuation claBSlncatlon-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 Fixing of value value thereof may, either before or after any application to select or by Board-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.

10. (1) For the purposes of this Part there shall be constituted Land one or more Boards. Each such Board shall consist of three members Boards™'10" and shall be called a Land Classification Board and the Minister may «• >• 7. 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.

(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 Removal &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 and Quorum, 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.

Evidence Act 1928 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 penalty, 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 conduct of the business of such Boards. business.

1 1 . (1) If at any time it appears to the Governor in Council that Power to the value of any unalienated land of the Crown whatsoever is greater Ac.'of86 p"°* than the value fixed therefor (whether by way of rent or purchase Sr nland1. money) by or in accordance with any provision of this Act or any n.«. 8. 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.

470 LAND ACT 1928. [19 GEO. V.

Land Act 1916. Payment of Increased rates.

(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.

Land acquired by Crown or Board may be conveyed. lb. s. 9.

Land reserved from sale leasing or licensing. lb. t. 10.

DIVISION 2.—GRANTS AND RESERVATIONS.

Governor m 12 . Under and subject to the provisions of this Part but not com'y'iaTd otherwise, the Governor in Council in the name and on behalf of His under this Part. 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/"*

1 3 . Subject to the provisions of any Act any land acquired by purchase or otherwise by the Crown and conveyed to His 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 His Majesty in the same manner and form but not otherwise as if such land had never been alienated from the Crown.

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/6) 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 camping grounds or for watering purposes, or for the use or benefit 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 sawiug or splitting purposes for the growth and preservation

Land Act 1921 a. 6.

(a) But see Closer Settlement Act 1928, section 95 (1) (c).

See Melbourne Harbor Trust Commissioners v. Colonial, <bc, Co. Ltd., 36 C.L.E., 230; Colonial, d>c, Ltd. v. Melbourne Harbor Trust Commis­sioners, 1927 A.C., 343.

(6) Where land is granted by the Crown to trustees as a site for rifle ranges and other mili­tary purposes, and offices and conveniences oonnected therewith, and for no other purpose whatsoever, with a clause of re-entry if the trustees should permit the same or any part

thereof to be used for any other purpose, or should alienate or attempt to alienate the same : Held, that the trustees might, consistently with the terms of the Crown grant, raise a revenue by fees and charges for admission, or by other means not involving a use of the land for other purposes than those expressed in the grant, or an alienation of the land for any estate or interest", but that they were bound to apply tho whole of tho revenue so raised solely to the purposes of their trust.—The Trustees of the Victorian Rifle Association v. The Mayor, die, of WiUiamstown, 16 V.L.R., 251.

No. 3709.] LAND ACT 1928. 471

of timber gardens parks or hospitals asylums or Land Act IMS. 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 from Exemptions s ' , • P • • /» •-! from occupation

occupation tor mining purposes or tor residence or for mining &c. business under any miner's right or business licence any specific portion of Crown lands or any area of Crown lands, aud no lands so excepted or included in any area so excepted shall be occupied or continue to be occupied under any miner's right or business licence after such exception until such exception is revoked/6'

1 5 . W h e r e — Provision for

(a) the bed or channel of any river creek stream or water- amending course or any Crown land on either side of the same reservation has been heretofore or is hereafter permanently reserved rivere&c°'b8e of

from sale by Order in Council; and altered. (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.

16 . Land permanently reserved or purporting to have been Effect of permanently reserved by the Governor in Council whether within the

reservations. powers of the Governor in Council under any previous Act relating to ib.«. u. 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, uuder the Real Property Registration of

Statute 1864 or under any previously existing Act concerning the torhavePsan!ease8

registration of deeds and conveyances affecting land, of a memorial of ^$j£|nt any grant conveyance or surrender to His Majesty of any freehold or i6 , 1 2 leasehold land or any estate or interest therein, and every registration heretofore made under Act No. 140 or uuder the Transfer of Land Statute of any surrender or transfer to His 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 1928 or any corresponding previous enactment of any such memorials as aforesaid or under the Transfer of Land Act 1928 or any corresponding previous enactment of auy such surrender or

(a) See Part XI. as to Mineral Springs, Part XII . (6) See Drainage Areas Act, section 26; Forests as to Tourist Resorts, and sections 140 and 189. Act, section 8; Mines Aot, sections 4 and 7.

472 LAND ACT 1928. ["19 GEO. V.

Land Act i9i5. 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.

18. After any land has been permanently reserved from sale every conveyance or alienation thereof except for the purpose for which such reservation has been made shall unless such permanent reservation has been revoked as provided in section fifteen be absolutely void as well against His Majesty as all other persons whomsoever.

19 . After any land has been temporarily reserved from sale or from being leased or from having a licence granted in respect thereof, the same shall not be sold or leased nor shall a licence be granted in respect thereof until such temporary reservation has been revoked by the Governor in Council.

20 . (1) No lands forming part of the lands referred to in the Second Schedule to this Act as water reserves shall be alienated in fee simple, unless in the case of any such water reserve or 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 His Majesty as all other persons whomsoever.

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

Notice of 2 1 . Before any land is permanently reserved under section four-reiJerotlo'n of teen notice of the intention so to reserve the same shall be published laubii8hedin the m f ° u r consecutive ordinary numbers of the Government Gazette before Govern-mcnt the same is so reserved, and in every such notice the land proposed to auc'h'KscA-atfon. be reserved and the purpose for which it is to be reserved shall be Land Act 1915 fully described and stated.

Permanently reserved lands not to be sold leased or licensed.

lb. s. 13.

Lands tempor­arily reserved not to be sold, &c. till reserva­tion revoked. lb. «. 13.

Alienation of water reserves forbidden, lb. t. 14. Second Schedule. Land Act 1921 «. 7.

Notice of temporary reservation and revocation thereof to be published in Government Gazette, lb. s. 16.

Escheated and forfeited lands may be conveyed. lb. 1.17.

22 . When any land has been temporarily reserved under section fourteen or excepted from occupation under the Mines Act 1928 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.

2 3 . When His Majesty has become or hereafter becomes entitled to any land by reason of intestacy or of any forfeiture or of the same having been purchased or held by or for the use of 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 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 His 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.

No. 3709.] LAND ACT 1928. 473

24. Every grant and every instrument executed before the first LandActms day of October Nineteen hundred and fifteen by the Governor iu '^nt h Council on behalf of His Majesty and purporting to be a grant shall Governor on subject to the conditions thereof and to the express provisions of this Majesty to be

Act and to registration or enrolment where necessary be valid and VttIld' effectual as well against His Majesty as against all other persons a,ny law to the contrary notwithstanding.^

2 5 . (1) The Governor in Council may subdivide any county into Governor in

parishes and townships and by proclamation published in the dMde'te ritory Government Gazette may define the boundaries of such parishes and ^J^^^ townships and distinguish each by a name. townships.

(2) After such proclamation the territory comprised within the '.''19' boundaries of any of the said subdivisions shall thenceforward be recognised as a parish or township by the name so given as aforesaid.

(3) The Governor in Council may— Alteration of (a) alter by proclamation as aforesaid the name of any county or of names.

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 ;

(6) 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 Gazette any portion or portions of Crown lands as a street or road<6> or as a township ;

(d) annul and rescind from time to time by a notice published Proclamations of

in the Government Gazette any proclamation made under bTreSdeT* this or any repealed Act of any. portion or portions of Crown lands as townships.

(4) The lands upon which such street or road has been proclaimed Dedication, 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 which datfed."868 to be

the person named therein as grantee or lessee respectively first became n.». 20. entitled W to such grant or lease, and the registration thereof under the Transfer of Land Act 1928 shall be deemed to be an enrolment of record thereof, and such enrolment shall relate back to the date of the grant or lease.(d)

(a) As to the effect of this section in curing Queen, 2 V.R. (Eq.), 183. illegality in grants, see Attorney-General v. (c) Under a former Act a purchaser of Crown Ooldsbrough, 15 V.L.R., 638. land was held to have sufficient interest to

(6) A notice purporting to be in the form of maintain trespass even before the issue of the a proclamation and signed by a Minister of the grant.—Meade v. Adams, Argus newspaper, 16th Crown but not appearing to be by the command September, 1865. of the Governor or under the seal of Victoria is {&) Comu. T<"msfer of Land Act 1928, eeotion not sufficient.—Mayor, <Sic., of Melbourne v. The 15.

474 LAND ACT 1928. [19 GEO. V.

DIVISION 3.—ADMINISTRATION.

Land Ad. 1916 2 7 . There shall be one or more land officers and one or more land Appointmentoi o m c e s ror the purpose of receiving applications in respect of Crown land office and lands and payments on account thereof; and no such officer shall

directly or indirectly become the licensee or lessee of any Crown land within the district to which he is appointed.

Application tor a 2 8 . Any person may on any day during office hours deliver or cause to district.

Applications to 2 9 . Every application shall be received and entered in its order be entered . . . . . . -lb. a. 22.

JJT6 °2r2licence' cause to be delivered any such application to a land officer acting in the

be entered. i n ft b ( M ) k t Q b g j ^ for t h f t t p u r p o s e # ( o )

Bailiffs of Grown 3 0 . The Governor in Council may subject to the provisions ot i*nd»8 23 ^ e Pu^c Service Act 1928 appoint a sufficient number of persons to

be bailiffs of Crown lands.

Duties of 3 1 . (1) Every bailiff of Crown lands shall during his continuance «.U«ff23. ™ o m c e do o n behalf of His 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 snch 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 Buch bailiff may prefer an information against any 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.

Authority of 32 . The Governor in Council or the Board respectively may in apJSed under a l l 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.

Several persons 3 3 . Whenever any person has been or may be appointed in pur-JSpointed to do suance of this Act as the person to perform any act or with regard to the same act. whom any act is to be performed, it. shall nevertheless be lawful to n.s. 2<i. appoint some other person to be the person to perform such act ot with

regard to whom such act is to be performed.

HOW 34.((,) (1) For the purpose of enabling applicants for leases and to be eard! &° licences under this Fart to have an opportunity of showing the bona it.«. 25. fides of their applications, and for th'j 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

(a) Public hoaring, see section 34. (6) With respeot to Discharged Soldiers Settlement, see Closer Settlement Act 1928, sections 196 and 206 (4).

this Act. lb. a. 24

No. 3709.] LAND ACT 1928. 475

to be publicly heard, and for the purpose of allowing all persons Land Act IBIB. (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.

(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.

36- Every person who at any such public hearing as is in the Penalty tor taiee J r - - J r ° statement »"

lb. a. 25. last preceding "section mentioned Wilfully * ~ statement &c.

(«) makes a false statement, or . (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 with or without hard labour for a term ot not less than fourteen days nor more than six months.

36 . The Governor in Council may if he thinks fit<a> withhold or Power to withdraw from sale leasing or licensing any land or allotment. counou°to in

withdraw lands from sale &c.

26. 37 . The Minister shall annually lay or cause to be laid before 7™o both Houses of Parliament a report of the proceedings taken under the Mj,°jStertoiay provisions of Parts I. and I I . during the financial year ending on the annual report last day of June preceding the date of such report. Parliament.

lb. s. 27.

DIVISION 4.—AGRICULTURAL AND GRAZING LANDS.

Subdivision 1.—Alienation. 38 . A plan shall be kept in the Crown Lands Office of the lands v^stVo™*ol

comprised within the areas classed as first class second class third four A. class fourth class and class four A respectively. lb- "•28-

r J Land Act 1921 3 3 . Except as in this Division provided no first second third or Alienation

fourth class or class four A land shall be alienated from the Crown Land Act 1915 in fee simple, and every conveyance transfer and alienation thereof *•29-save as in this Division expressly provided shall be absolutely void s.T. as well against His Majesty as all other persons whomsoever.

(o) The discretion cannot be delegated and a a lease or licence will be granted.—Ryan v. The Minister cannot purporting to be the agent of the Queen, 3 A. J.R., 61 ; 86. Etlershank v. The Queen, Governor in Council make a binding promise that 4 A. J.R., 11; 132.

476 LAND ACT 1928 fl9 GEO. V.

Lam Act 1MB 40 . (1) For the purpose of ascertaining the quantity of land ".' 80\ • x which any person may select or take up— Ascertainment j r j r

j J J7hS mav 0 0 two hundred acres of first class land shall count as equal to be selected. " three hundred and twenty acres of second class land or LandActwzi s j x hundred and forty acres of third class land or one n.,.%. thousand two hundred and eighty acres of fourth class

land or two thousand acres of class four A land, and (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, and

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

(cl) 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 class four A land, and

(e) two thousand acres of class four A 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 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. For the purpose of determining what quantity of land may be selected or taken up under this Act by any person who selected iand prior to the first day of July One thousand eight hundred and ninety-nine the land so previously selected shall be deemed to belong to the third class.

Land may be of 4 1 . Where by any provision of this Part any person is entitled or oia°ae8.more permitted to select or take up any specified quantity of land of any Land Act 1915 particular class such person may, unless inconsistent with the context *•30' 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.

infants of is 42 . Any person being of the age of eighteen years if otherwise upTaricL6 qualified may any rule of law or statute to the contrary notwithstand-n.$. si. ing become the lessee under Division four of Par t I. or under Part I I .

or Part I I I . 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.

Mo. 3700.J LAND ACT 1928. 477

Subdivision 2.—Selection Purchase Allotments.^

4 3 . Any unalienated land of the Crown being first second third or Land Act mis fourth class or class four A land which— !'i6: .,

Land available (a) before the commencement of this Act was pursuant to any ^deselection

Land Act made available for being selected or taken purchase lease, up under an agricultural allotment licence or a grazing fa£d Act 1921

allotment licence or a selection purchase lease ; or (b) 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 Residential lease(W to be called a residential lease of a selection purchase allotment "irona™ not exceeding in the whole two hundred acres of first class land or allotments, three hundred and twenty acres of second class land or six hundred f™iAct 1915

and forty acres of third class land<c) or one thousand two hundred and Land Act 1921 eighty acres of fourth class land or two thousand acres of class four A j'b'a 8 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 ol 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.

4 5 . Any person qualified to become the lessee of a selection Right to hold purchase allotment may become the lessee of more than one selection Xime™ts'e

purchase allotment if the total acreage thereof does not exceed Land Act 1915 two hundred acres of first class land or three hundred and twenty '£^iAai9zl acres of second class land or six hundred and forty acres of third class »• 4. land or one thousand two hundred and eighty acres of fourth class Ib- '•8-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.

(a) As to investment by trustees in mortgages is essentially a leasehold, and therefore does not of seleotiorj purchase leases, see Trustee Act 1928, oome within the operation of the Statute of Uses, section 4. —O'Neil v. Hart, 1905 V.L.R., 107.

(6) A Crown lease, notwithstanding the so- (c) As to discharged soldiers, see Closer called "inchoate r igh t" to acquire the freehold, Settlement Act 1928, section 211.

478 LAND ACT 1928. T19 GEO. V.

Land Act 1915 D.47. lSxtent to whioh 1 amis may be selected. tMMl Act 1921 «. 4. lb. s. 8.

Selectors under former Acts.

Applicant not to be a trustee or agent.

Leone may be declared forfeited.

Contracts in violation of Act void.

46 . (1) No person shall become the lessee either in his own name or in the name or names of any other person or persons of a selection purchase allotment in respect of more than two hundred 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(a) 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 who under the provisions of 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 Act ; 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 bond 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/6* 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 grouted 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 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,<c) and if the Minister is satisfied that any such

(a) As to disoharged soldiers, see Closer Settle­ment Act 1928, sections 210 and 211.

(6) Public hearing, see sections 34 and 35. (e) " The Land Aot provides not merely that

a ' dummying' agreement is illegal, but that it has no existence at all."—Davidson v. Exett, 10 V.L.R.. 294, at p. 301. Equitable mortgages are included.—McNicoll v. Ferguson, 5 A.J.R.,67.

No. 3709.] LAND ACT 1928. 479

contract agreement or security has been so entered into or given Land Act 1915. he may declare the lease of the allotment to be and the same shall thereupon become absolutely null and void.

4 7 . (1) No person shall become the lessee of a selection purchase Person hoMincr

allotment who (whether in his own name or the name or names of any itfi>nlohwith

other person or persons) is the beneficial owner of any other lands not Jj Jj™®,. ld situate in any city town borough or township (whether Crown lands or exceed £2,500 not, but excepting Crown lands licensed under section one hundred value not

and twenty-one of this Act or any corresponding previous enactment or j fee'of ° be

licensed or leased under the Forests Act 1928 or any corresponding selection previous enactment for the grazing of cattle) if the unimproved allotment.

value of such lands together with the unimproved value of the land Ib- '•4S-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 Person homing allotment who (whether in his own name or the name or names of any d t y *c ' lands ' 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 unimpvoved 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 •• Beneaciai

if he holds them otherwise than as a trustee executor owner" administrator assignee of an insolvent 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 bond 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 perpetual lessee of land under this Part or under the correspondingprovisions of any repealed enactment shall be deemed to be the beneficial owner thereof.

(b) The "unimproved value" of any land means the. sum The "u.i.m-which the owner's estate or interest therein, if unen- U™^value" cumbered 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 bond

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

480 LAND ACT 1928. |"19 GEO. V.

Land Act 1915.

" Improve­ments."

Forfeiture of lease. lb. a. 48.

Effect of forfeiture.

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.

(c) " Improvements " on laud means all work actually done 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.

48 . (1) If any person in violation of any of the provisions of the last 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.*")

(2) Upon publication in the Government (lazette of notice of such declaration the 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.

4 9 . (1) Every residential lease of a selection purchase allotment shall be issued by the Governor in Council, and shall in addition to any other coveuants or conditions contain the following covenants and conditions :—<H

(a) A covenant for the payment of the annual rent reserved in moieties in advance with half-yearly intervals :

(b) A covenant that the lessee shall not within the first six 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

(a) Public hearing, see sections 34 and 35. (6) As to extension of term for three years, the first three years being rent free, Bee sub-section (4).

Conditions and oovenants of selection purchase lease.

lb. 8. 49.

To pay rent.

Not to assign.

No. 3709.] LAND ACT 1928. 481

operation of law or otherwise of the whole or any portion Land Act 1015. of the allotment:

(c) A covenant that the lessee shall at once and to the satisfac- TO destroy tion of the Board commence and continue to destroy and vermia

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 upon Fencing. under the provisions of the Fences Act 1928 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 or the nature of the substitute for land demised the enclosing thereof with a fence would be ,ena"lg-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 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 :

(«) A covenant that the lessee shall within twelve months after Occupation,

the date of the lease and thenceforth during the first six years of the term of the lease occupy the selection purchase allotment:

(/) A covenant that the lessee shall on the land demised make Improvements,

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 Four shillings tand Act 1021 per acre before the end of the th i rd year : *• *

(g) A condition t ha t if the lessee during the first six years of crown jrrant of the t e rm of the lease occupies the selection purchase al lotment

allotment for not less than five years and fences and vot. ni.—31

482 LAND ACT 1928. [19 GEO. V.

land Act 1916. 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

Land Act 1921 years or (in the case of class four A land) dur ing t he first *" ' three years of the t e rm of the lease and proves to the

satisfaction of the Board (to be certified under i ts seal) by such evidence as the Board may require t h a t he has complied with the said covenants and conditions and wi th all other covenants and conditions of the lease, the lessee or his representatives nt any t ime after the expirat ion of the first six years of the t e rm of the lease and upon the payment of the last sum due on account of the ren t reserved and upon the payment of the difference between the amount of rent actual ly paid and the entire sum pay­able under this Act for each acre or fractional p a r t of an acre in the selection purchase al lotment , shal l be enti t led to a g ran t in fee-simple(0> of the land demised ; and every such gran t shall be subject to such covenants conditions exceptions a n d reservations as the Governor in Council may d i rec t :

power of sale i.y (h) A condition t h a t if i t is proved to t he satisfaction of the of'b'reaciTo?86 Board by any lessee t h a t owing to i l l -health he is unable covenant. to occupy his al lotment , pursuant to the conditions and

covenants of the lease or t ha t for any other reason i t is expedient so to do, the Board may cause the a l lo tment to be pu t up for sale by auction :

condition for (i) A condition t h a t when the lessee is unable a t the end of Jmyment°of rent. any half-year to pay his rent the Board may, if the lessee

has complied with the covenants and conditions of his lease suspend the payment of such amount of ren t 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 h im to pay the arrears of rent and interest thereon (if any) in one amount or spread over a definite t ime and may extend the lease for a corresponding tirne:<6)

Provision in caso (j) A condition that in the case of the insolvency bankruptcy or insolvency or death of the lessee during the first six years of the term ks"ee"PtCy °' ° f t n e leaSe—

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

(a) Inasmuoh as the interest of a lessee from the interests where the lease had but a year or two to Crown of land under this Aot includes the right to run, and will hold that he intended his whole the fee-simple of the land on payment of certain interest therein to go under the devise of his "real rent by him, such interest is divisible into an estate," although he has other real estate to whioh interest in the lease, whioh may be regarded as those words may apply. personal estate, and an inchoate right to the fee SembU, if a person purchases land and, before on payment of what may be regarded as purchase paying for it, devises his real estate to A. B., and money, whioh must be treated as real estate. But bequeaths his personal estate to C. D., the land if a person by his will leaves his personal estate so purchased and not paid for will go under one way and his real estate another, the court will the devise of his real estate.—Joy v. Curator of treat it as absurd to suppose that he intended to the Estates of Deceased Persons, 21 V.L.R., 620. divide his estate in such land into such two (6) See section 313.

No. 3709.] LAND ACT 1928. 483

(ii.) the trustee assignee or receiver in insolvency or Land Act m&. . bankruptcy within twelve months from the

date of the insolvency or bankruptcy or within Land Act \m such further period as in the case of drought or ^No'2) *•2-

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 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 Date of lease is assigned to any person by the trustee assignee by trustees8^ or receiver in insolvency or bankruptcy or the ™nkruptcV°or executors or administrators of the lessee such executors &c. 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 Resumption for may at any time during the term of the lease enter upon purposes, the whole or any portion of the allotment for the purpose oi 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:

(I) A covenant that the lessee during the first six years of the To keep

term of the lease shall keep in good condition and repair ta repair" all buildings fences and other permanent improvements situated on his allotment reasonable wear and tear and damage by fire and tempest alone excepted :

(?«) A covenant that in order to protect the interest (if any) of Fire insurance,

the Closer Settlement Board therein the lessee shall insure and keep insured against fire all buildings on his allotment, and that the policy shall be made out in closer settlement favour of the said Closer Settlement Board, and shall be Actim'-*-for such insurable amount as is prescribed and as the said Closer Settlement Board approves :

(n) A condition that the lease shall be voidable at the will of Breach, the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof

484 LAND ACT 1928. [19 GEO. V.

Land Act 1015.

Entry to ascertain if covenants fulfilled.

Other covenants and conditions.

Registration of absence.

Power to Issue &o. selection purchase lease for 23 or 43 years with first three years rent free. Land Act 1820 «. 8. Land Act 1921 «. 9.

Power to Minister to reduce or discontinue concession In certain cases.

by the lessee, or the violation of any of the provisions of this Act applicable thereto :<°>

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

(2) Every residential selection purchase lease shall contain such other covenants conditions and provisions not inconsistent 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 each and every year during the first six years of the term of his 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 of to any person under a residential lease the Governor in Council may—

(a) direct that no rent shall be payable for the first three-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— (a) may be reduced or discontinued by the Minister in any case

where upon the report of a bailiff of 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 or (in the case of a dis­charged soldier within the meaning of Part I I . of the Closer Settlement Act 1928) of an advisory committee under that Act the Minister is satisfied 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.

Non-residential leases. Land Act 1915 ».50. Land Act 1921 t. 4.

60 . (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

(a) See sections 34 end 35.

No. 3709.] LAND ACT 1928. 485

and Twopence and two-fifths of a penny per annum in the case of class Land Act IMS. 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 NO condition as improvements to be made by the lessee save as regards fencing shall t 0 occuim,on-be contained in such lease.

(3) There shall be contained in such lease a covenant that the implements, 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 Purchase every acre or fractional part of an acre shall be at the rate of One mone3' 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.

5 1 . (1) All the provisions of this Division which are applicable Provisions

to residential selection purchase leases, and to the persons holding res°den(cetonon" or qualified to hold the same including the rights and liabilities there- ^as*8' by conferred or imposed shall except as otherwise in this Division «! si. 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/")

(2) At any time after the period of six years of the currency of £jj™£ase by

the lease and thereafter during the term of the lease- (such substantial ^™i'Aet 1021 and permanent improvements of the value aforesaid having been made ». 4. 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.

(a) See section 313.

.486 LAND ACT 1928. ' [19 GEO. V.

Zand Act 1916. Limit of non-residential leases to be issued in one year. Power of Governor in Council to convert licences and leases lb. s. 52.

Computation of rent after conversion.

Power to select allotment under

f ierpetual ease.

lb. «. 53.

Application of subdivision.

lb. ». 54.

Conditions in

f ierpetual ease.

lb s. 55. Payment! of rent.

To destroj vermin &c.

Penoing.

(3) During any one year non-residential leases shall not be issued under the provisions of this Part for more than fifty thousand acres of Crown lands.

52. (1) The Governor in Council may if he thinks fit at the 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 I I . 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 shall be computed in accordance with the terms and conditions of 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 dae 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.

Subdivision 3.—Perpetual Leases. 6 3 . 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.

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.

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: (£) 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 1928 enclose the land demised with a fence and keep the same in repair

/

No. 3709.] LAND ACT 1928. 487

provided however that where any lessee proves to the land A* 1915. 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 adminis- Residence. trators 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 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 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 Improvements 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 Land Act 1921 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 Breaoh. the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the perpetual lessee :(o>

(g) A condition that the perpetual lessee will not transfer assign Non-aiienation mortgage sublet or part with the possession of the whole " i thln

f8£j°a"'

or any part of the land demised within the first six years where asH ned of such lease. Where any lease is assigned to any person {n

/80Jve

Sncy'or by the trustee assignee or receiver in insolvency or bank- ^^Jt

Q0prt8°J0

0r

ruptcy or the executors or administrators of the lessee ' . snch 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

(a) See sections 34 and 35.

488 LAND ACT 1928. [19 GEO. V.

Land Act 1915. 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 :(a)

Power to (h) A condition t h a t if a t any time after the expirat ion of the first aSTeais'&c.' six years of such lease the Board is satisfied t h a t all the

covenants and conditions thereof have been complied with and tha t no rent is due thereon the perpe tua l lessee may with the wri t ten consent of the Board transfer mor tgage sublet or pa r t wi th the possession of the whole or any p a r t of the land demised: and

Rowmption for (i) A condition that the Governor in Council or the Board ptoses. m a y a t a Dy t i m e 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 His Majesty. There shall be paid by His 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.

Bent under 56 . (1) The rent payable by the perpetual lessee for the period ]?4

erpe^al len8e' from the issue of such perpetual lease until the twenty-niuth day of December Nineteen hundred and twenty-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.

HOW rent to be (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 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.

Recovery oi 5 7 . The Board shall have the same powers for the levying or interest. recovery of r en t under a perpetual lease and of in teres t thereon as by law n. s. 57. it n as with respect to the levying or recovery of rent under this Part. (6 )

per'pe'uli 5 8 . (1) Any perpetual lessee who has selected land on which no ^render lense a r r e a r s 0I" r e r > t a r e due m a y m wri t ing apply a t any t ime for permission ib. o. 69. to surrender his lease to His Majesty.

(a) See section 84. (6) See section 159.

No. 3709.] LAND ACT 1928. 489

(2) If the Board is satisfied that the applicant holds the allotment Land Act 1915. bond fide for his sole use and benefit and that such surrender is l8Sue encase, 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 Land Act m i the selection purchase lease of such land and the value of the s '4" 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.

5 9 . (1) Any applicant who has been granted a selection purchase Antedating of allotment under the provisions of the last preceding section and who l™*d Act 1915 proves to the satisfaction of the Board that he has occupied his »• 69. 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 paid, applicant pays the amount of rent which would have been payable 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 Improvements

lease shall be entitled to have all substantial and permanent improve- cred?ted.be

ments 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.

(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 Lien may be

last preceding section the selection purchase lessee may at any time given-

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.W

(6) The Minister may if he thinks fit direct that the whole or any crediting of part of the rent paid on account of a surrendered perpetual lease shall occupation. 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.

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

490 LAND ACT 1928. [19 GEO. V.

Land Act 1915 60 . (1) No person shall hold under this Part as perpetual lessee LinMt of land to e ^ Q e r i n his o w u n a m c °r the name or names of any other person or be hew under persons more than six hundred acres of first class land, or nine hundred L^na'Tctim'' an<^ 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. Provisions for (2) If any person except as hereinafter mentioned holds lands or H^Majesty a n y estate or interest in lands contrary to the provisions of this section, Sdrcontra9ry°' s u c ^ l a n d s o r s 0 much thereof as may he held contrary to the provisions to section. of this section shall he liable to he forfeited to His Majesty, and the

particular lands to be so liable to be forfeited shall he 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 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.

ISTo. 3709.] LAND ACT 1928. 491

(3) If any person by or under any will or as one of the next of kin Land Act wu. of any deceased person or by reasou of any estate or interest in Lands »?«™j>tr expectancy falling into possession or by survivorship or by the fore- not forfeitable closure of any mortgage becomes the perpetual lessee of any lands and for flvc years' 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 lands Mortgagees in as perpetual lessee he shall after the expiration of five years from p°sse8SIOn-taking such possession be deemed to hold such lands as perpetual lessee within the meaning of this section.

(5) Every person holding any lands or any estate or interest in penalty for lands contrary to the provisions of this section, in addition to the totlKct&n!1' 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 Forfeitures not

this section such lands may be forfeited while held by the person by Ts&Sblna whom the forfeiture was incurred or by any person claiming under him fide purchasers, not being a bond fide purchaser for value, but such lands shall not be liable to be forfeited after they have passed into the hands of any bond fide purchaser for value claiming under any such person.

(7) If any person who is the perpetual lessee of lands to an extent infants and beyond the extent of which any person is permitted to be the perpetualIunatlCR-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 provisions 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.

492 L A N D ACT 1928. [19 G E O . V .

Subdivision 4.—Mortgages and LiensS^ Land Act\Q\s 6 1 . W i t h respect to any lessee of any agricul tural or graz ing Mort-a es of al lotment or selection purchase al lotment who has obtained any leases. advance of money on the security of his lease the following provisions

shall have effect :— Lessee may give (a) Such lessee may give to any person by whom such an ddiveryr

0f advance was made an order in wri t ing under his hand sran»- (witnessed by any justice) authoriz ing such person to

obtain from the Governor iu Council the Crown g r a n t of such agricultural or grazing al lotmeut or selection pur­chase al lotment so soon as the last sum due on account of the rent reserved in such lease and all fees due thereon are paid,

crown grant to (£) Jf the Board approves of such order the Crown g ran t shall name and be made out in the name of such lessee and delivered to person'immed t he person named in snch order who shal l have the same in or(ler- lien over such g ran t as he had over the lease. Legal mortgage. (c) Where the lessee of any agricul tural or grazing al lotment

or selection purchase a l lotment has executed a mor tgage thereof to such person the mortgage shall by the opera­tion of this P a r t be transferred and apply to such Crown g ran t and to the land thereby granted in all respects as if such Crown g ran t had been referred to in the mor tgage , and a memoria l of such mor tgage shall be indorsed by the Regis t rar of Titles as an encumbrance on such Crown g ran t on his registering such grant , and a memorandum sta t ing the fact of such transfer shall also be made by the Regis t rar on the original registered ins t rument of mor tgage .

?erdi8tere°d'in ("0 Every such approved order shal l be registered in the Crown Lands Lands Office and shal l remain in full force and effect unti l Department. complied wi th unless previously cancelled on the wri t ten

. request of the person s igning t he same and the person named therein, and such registrat ion may be inspected by any person on the payment of a fee of One shil l ing.

Transfer of (g) W h e r e the lessee perpe tua l lessee or selection purchase encumbrances lessee of an agricultural or grazing allotment or a ka!eantor selection purchase allotment has given an existing

registered encumbrance in respect thereof such encum­brance without further or other authority than this Act shall in the event of such lessee obtaining a Crown grant or new lease be transferred and apply to such Crown grant or new lease aud to the land thereby granted or demised in all respects as if such Crown grant or new lease had been referred to in such encumbrance and a memorial of such encumbrance shall be indorsed by the Registrar of Titles as an encumbrance on such Crown grant or new lease on his registering such Crown grant or new lease and a memorandum stating the fact of such transfer shall also be made by the Registrar on the original registered instrument.

(a) As to advances made under the Closer Settlement Act 1S28, eee section 7 thereof.

No. 3709.] LAND ACT 1928. 493

62 . (1) The licensee of any agricultural or grazing allotment or Land Actv>i& the lessee of a selection purchase allotment at any time during the first £. fn

six years of the term of his lease may give to any person from whom lessee may Rive he receives an advance^' of money a lien on his improvements. hen tor loan.

(2) No lien given in respect of any licence or selection purchase Lien not to be a

lease in accordance with the provisions of this Part shall be deemed to conditions. be a breach of the conditions of such licence or selection purchase lease.

6 3 . Every lien shall be registered in the Crown Lands Office and Registration, unless previously cancelled on the production of the written request or Ib- «• 63. 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.

64 . If the lien on any improvements of any such allotment is not Transfer of lien

cancelled before the time of the issue therefor of a lease or Crown '"heTissu'ed™"' grant the Minister shall cause a memorandum thereof to be indorsed K.«. at. 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.

65 . Such lien shall be indorsed by the Registrar of Titles a S a n Indorsement of

encumbrance on such lease or Crown grant when the same is registered, J^",,0"erant or

and a memorandum stating the fact of such transfer shall be made by n.«. 65 the said Registrar on the lien which shall then be registered in the office of the Registrar of Titles.

66 . The Registrar of Titles shall demand and be paid the like fee Fee on for registering a lien as may for the time being be chargeable for rex18traUon-registering a mortgage. '""66-

67 . Nothing in this subdivision shall prevent the forfeiture of any iioiderotiiento licence or lease for a breach of any of the terms and conditions thereof, ilSence0o?1fj2eil

and no holder of a lien shall have any claim either legal or equitable ,orfeited. against His Majesty or the Board by reason of the loss of his lien on lb ' °7-the forfeiture or abandonment of any licence or selection purchase lease, but the Minister may if he thinks fit repay to the holder of May ltc repaid if

any such lien out of the moneys received in respect of any improvements sold'anT"'*8

on the allotment the sum of money secured by such lien. Provided ^njjK,r

that before any such repayment is made the Minister shall be satisfied bonajues. that the moneys secured by such lien were advanced and such lien given bond fide and without fraud or improper collusion on the part of the licensee or selection purchase lessee or of the holder of such lien.

6 8 . (1) If any registered lien on improvements on any land held uncancelled Hen under licence for which a selection purchase lease is issued under this 'har 'on land Act is not cancelled before the time of the issue of the selection ^™^n

under

p u r c h a s e l e a s e purchase lease.

(a) the Minister shall cause a memorandum of the lien to be lb- *• °8-indorsed on the lease before the same is issued;

(a) Advances by Closer Settlement Board and lien therefor, see Closer Settlement Act 1928, section 7.

494 LAND ACT 1928. [19 GEO. V.

Land AM 1916. (b) the lien shall by the operation of this P a r t be transferred and apply to the improvements on the land demised, and shal l 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.

Transfer of Hen $ ) -^ a* the enc^ °^ * n e n r s * s^x v e a r s °f *he term of a selection to lease or purchase lease the lien is not cancelled it shall be indorsed by the expiration of* Registrar of Titles as an encumbrance on the lease or on the Crown six years. 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 lieu.

(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.

Provision whero W Where a licensee or a selection purchase lessee (who has lessee &o. of with the consent of the Board signified in writing and of the haa

s irfve1"alien Governor in Council given a lien and has duly registered the same) with covenants ^ a^ s *° ^ u ^ a n a 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'0* shall not thereupon become or be declared void, but the Minister shall cause notice in writing of such failure on the pare 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 sucli 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.

60 . 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.

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

Regulations lb. s. 69.

Evidence of compliance with covenants or conditions as to vermin destruction. lb. «. 70.

(a) See section 198.

Xo. 3709.] LAND ACT 1928. 495

vermin and noxious weeds destruction certifies in writing Land Act i»i&. under his hand that the covenant or condition has been complied with.

(b) Where in any condition or covenant in any licence or lease certificate of of any laud issued under this Act or any corresponding und'™

vje"18e

nts

previous enactment it is required in effect that the value °r licence, 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 Conditions as to

by a condition contained in his licence or lease any licensee r oTtasiTnity. or lessee is required in effect to reside ou the land thereby licensed or demised or within a limited distance thereof such provision or condition shall if such licensee or lessee becomes 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 Residence in

or by a covenant or condition contained in his licence or ^Sp oio'n1ged'lth

lease any licensee or lessee is required iu effect to reside on drought, the laud 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 »iast«r in or lessee of land becomes insane it shall be lawful for powe to sign the committee of his estate or the Master in Equity as lioence or ,ea8C-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 sub-section of Dating of this section any licence or lease is so assigned if the i^enable'lease

licensee or lessee has not occupied the allotment pursuant occupation , •, . , . r. , • , • -i • ,i , . r conditions to be to any condition of occupation contained in the licence or complied with, 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.

496 LAND ACT 1928. IM9 G-EO. V.

Land Act 1015 1.71. Licences or leases obtained in violation of this Pari fraudulent and void.

Power in certain cases of Governor in Council to annul licences and lenses.

Evidence of revocation.

Forfeited lands may be leased or sold. lb. i. 72.

Power to ante-da te licence whore selection is mndc by lessee of villajre community allotment. lb. ». 7.!.

7 1 . (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 non­compliance with any of the provisions of this Act or any corresponding previous enactment the same shall be a fraud under this Fart, 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 King the Governor in Council and the Board or any person claiming under the King 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.

72 . If entry is made upon any agricultural or grazing or selection purchase allotment for breach of or non-compliance with any of the provisions of this Part or of any condition of any 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.

7 3 . (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.

Kb. 3709.] LAND ACT 1928. 497

(2) Such licence or lease shall not be issued until such lessee or Land Aet ms. holder pays to the proper officer the amount of licence-fees or rent Ront-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 Credit tor rent licensee or lessee shall be entitled to receive credit for any rent paid by paid-

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 credit for and permanent improvements on his agricultural or grazing allotment imProvomentB-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 occupat°iSn0in necessary for the lessee or licensee to occupy any leased or licensed mayVerconipTied land for any period or periods, then upon such lessee or licensee with, proving to the satisfaction of the Board that the home of the family ofIb- '•7i-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 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 Residence by

purchase allotment of a deceased licensee or lessee by his widow or of deceased111'1

child over eighteen years of age shall be deemed occupation within the i be'deelmS"* meaning of this Act. occupation.

(3) On the marriage of any feme-sole who is a licensee of a n Lioensee or

agricultural or grazing allotment or lessee of a selection purchase m!sreria™0

a£eon

allotment the Governor in Council subject to such terms and conditions' o01ndit

e^r°fm

as to him seem fit may, if such licence or lease was issued at least occupation,

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.

75. If within twelve months from the date of the insolvency or Power to assign bankruptcy of the licensee or perpetual lessee of any agricultural Or and licences

grazing allotment or lessee of a selection purchase allotment or within "ninsolTOncy such further period as in the case of drought or any other special or bankruptcy circumstances the Minister allows the trustee assignee or receiver in /"s.?5.080" such insolvency or bankruptcy fails to re-assign the licence or perpetual Land Aet ms lease or selection purchase lease of such insolvent or bankrupt licensee(ff0,2) '"2 ' 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

VOL. in 32

498 LAND ACT 1928. [19 GEO. V.

Surrender of lease for perpetual lease. lb. ». 76.

Acceptance of surrender.

Rental.

Lapd Act 1915. 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 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 allotment bond 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 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 from the issue of such perpetual lease until the twenty-ninth day of December Nineteen hundred and twenty-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 all substantial and permanent 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 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 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.

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

When demised 77 . (1) Where any portion of an agricultural or grazing allotment 8u"ns'paTd3Toned (whether under licence or lease) or of a selection purchase allotment the infnev°ments P o s s e s s i ° n 0I" which has been resumed by or on behalf of His Majesty &c. chargeable to IS afterwards leased as a selection purchase allotment there shall to the iowTTrt IMS"' e x t e n f c 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 His 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 the licence or lease of such portion.

Land Act 1921 s. 4.

Credit for improvements.

Provision for payment of arrears.

Adjustments.

Xo. 3709.] LAND ACT 1928. 499.

. (2) Such amount shall be determined by the Board immediately Land Actmt. before the issue of a lease of such portion as a selection purchase allot- 0

3fea ™i„1

tati

fon

ment (as the case may be) and shall not exceed the value of such improvementa improvements and the licensee's or lessee's interest at the time of such *°" determination as so determined by the Board.

(3) If such amount is not paid by the lessee within one month Mode of after such determination, then the same shall be payable in half-yearly FnoolnlSg'iLe. instalments of such sums extending over a period not longer than ^"deferred the first six years of the term of the lease as the Board may paymentswith fix'; and shall bear interest at the rate of Three pounds per interest"cent' 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 ; and in case the same is levied by distress an order under the seal of the Board shall be a sufficient warrant and authority to distrain.

78. (1) Where the licensee or perpetual lessee of an agricultural When demised

or grazing allotment or lessee or perpetual lessee of a selection pur- improvement?1

chase allotment fails to comply with or commits a breach of any of ?nars?abie to the covenants or conditions of his licence or perpetual or selection j»!°,m7sf purchase lease and his licence or perpetual or selection purchase lease lias 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 Determination before the issue of a selection purchase lease or perpetual lease for improvements, 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 Mode of such sums extending over the whole or any part of the first six years S f f i " ^ ^ , of the term of the selection purchase or perpetual lease as the Board with Three per 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 Default, 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 ; and in case the same is levied by distress an order under the seal of the Board shall be a sufficient warrant and authority to distrain.

(5) The whole or any part of any amount determined by the Board Amount payable

and paid by any selection purchase or perpetual lessee in pursuance e°t?ued0ntnereto. 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.

500 LAND ACT 1928. [19 GEO. V.

his holding &c.

Conditions of new lease.

LandActms 79 . (1) Any licensee or lessee of an agricultural allotment or option of grazing allotment or lessee of a selection purchase allotment -who licensee or lessee desires to abandon any part of his allotment may at any time during fco obtain lease , i _p i -i • i - i , -i i • T

for part only of tlie currency oi 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 necessary adjustments accordingly.

Credit for improvements.

Fees.

Balance of rent in certain coses dispensed with.

Adjustment.

Consent to surrender of licence or lease. lb. i. 80.

Effect of surrender of licence or lease on lien.

Indorsement on new lease.

80 . (1) Where the licensee of an agricultural allotment or grazing allotment or the lessee of a selection purchase allotment desires to surrender such licence or lease and obtain a new lease for a part only of such allotment as in the last preceding section 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 improve­ments and the surrender of the licence or lease is accepted such

• registered lien shall by the operation of this part remain in 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.

(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.

•No. 3709.] LAND ACT 1928. 501

(4) Where the lessee of an agricultural allotment or grazing allot- LandJetmt. ment or lessee of a selection purchase allotment desires to surrender such surrenderor i T I * i p i /• l n • 'ease not to be

lease and obtain a new lease for a part only of such allotment as in accepted the last preceding section provided such lessee having previously approval of executed a lien or mortgage thereof such surrender shall not be D,™^,,. 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 lieu or mortgage, and a memorial of such lien or mortgage shall be indorsed by the Registrar of Titles as an encumbrance on such lease.

8 1 . (1) In the case of any application for a licence to occupy an issue of lease agricultural or grazing allotment or for a lease of a selection purchase condiSs"1

allotment it shall be deemed to have been and it shall be lawful for the protecting Governor in Council, notwithstanding- anything in any Act contained, "b."»"si. upon the applicant consenting to the condition hereinafter mentioned, to issue such a licence or lease 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 allotment or any improvements thereon by mining therein or thereon within the meaning of the Mines Act 1928 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 Extent of

or where a licence or lease under any Act has been issued containing condition"-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 Penalty tor not the corner posts of the fence (if any) enclosing such land such dis- SisUnguSung tinguishing mark as the Governor in Council may direct, and every such mark-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 Licensees who

lessee of a selection purchase allotment who formerly held a licence CertainHchences under section one hundred and three of the Land Act 1901 or the JJ/i^oViee's" corresponding section of any repealed enactment shall be entitled to «.,. g2. receive credit for any licence-fees paid by him under such licence in respect of the land selected.

(2) Such licensee or lessee shall be entitled to have all substantial credit tor and permanent improvements on his selected area credited as if made imProvements-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 person "Lloen8Ce" • to whom the licensee has with the consent of the Board or the Minister transferred his licence.

502 LAND ACT 1928. [19 GEO. V.

Land Act 1915 0.83. Effect of \j covenant as to portions of land required for railways water supply &c. Third Schedule.

Effect of agreement entered into.

Third Schedule.

Effect of

rirobate or etters of

administration

lb. s. 84.

Re-transfer by trustee &c. in insolvency or bankruptcy within twelve months or by executor &c. at any time not illegal.

Position of transferee.

Saving.

8 3 . (1) Where in any lease or licence of any agricultural allot­ment or grazing allotment or in any lease of a selection purchase allotment whether issued or granted by the Governor in Council before or after the commencement of this Act there is included a condition or covenant in the form or to the effect of the Third Schedule to this Act such condition or covenant shall have the like force and effect as if the same had been included in 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 such land and either before or after the commencement of this 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 like force and effect as if the same had been entered into made or signed pursuant to the express pro­visions of an Act of Parliament.

84 . (1) No will or codicil or the granting of any probate or letters of administration shall be deemed to be an assignment or transfer within the meaning of this Division.

(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 licence under this Act or any corresponding previous enactment has taken or takes place by operation of law on the insolvency*") or bankruptcy or by operation of a testamentary instrument or the death of any lessee or licensee, and if the trustee assignee or receiver in insolvency or bankruptcy within twelve months from the date of the insolvency or 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 Act such assignment or transfer or such re-assignment shall not be deemed an assignment or transfer within the meaning of this Act.

(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.

(a) As to assignment by insolvency, see The Queen v. The Board of Land and Works, 6 W.W. and a'B. (L.), 38; Jacomb v. The Board of Land and Works, Argus newspaper, 13th April, 1869; Miller

v. Morrissey, 2 V.R. (L.), 39; and as to bargain and sale by sheriff being an assignment by opera­tion of law.—R. v. The Board of Land and Works, 2 V.R. (L.), 151.

So. 3709.] LAND ACT 1928. 503

DIVISION 5.—AURIFEROUS LANDS.

*Vnew> 8B. Except as in this Division otherwise expressly provided Land Act wis lands forming part of the lands described in the Second Schedule Ai iation of to this Act as auriferous lands shall not be alienated in fee simple auriferous lands, and every conveyance and alienation thereof shall be absolutely void as IcneSuie. well against His Majesty as all other persons whomsoever.

86 . (1) The Governor in Council or any person duly authorized Licence to reside

by him in that behalf may from time to time grant licences for any JSriferoisufid. period not exceeding one year which may be renewable annually and n.«. 86. 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 second comprised within any city or town and not exceeding in extent twenty 8ohedule-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.^

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

(3) Where any person has held an area under this section or any Nominal rental corresponding previous enactment, after he has paid in fees what ^"plid^fn0' he deems the value of the land he may apply to have the value of the rent-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 Transferee of section or the corresponding section of any repealed Act in respect of "r°e

e"entwld'to" which any fees have been paid by any licensee or licensees is trans- o""?„aiholder ferred by or with the consent of the Governor in Council shall be entitled to the benefits of the last 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.

8 7 . (1) If the Minister of Mines gives his consent in writing the Selection of

Board may at the request of any licensee under the last preceding auriferous land*, section where the land is improved to the value of One pound per n.«. 87. 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 Land Act 1920 issue in lieu thereof a selection purchase lease. ''B-

(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.

(a) If a licence is granted under this section in and substantial fence, if the licensee does neither respect of auriferous land, which is at the time of the one nor the other.—Harris v. QoUings, 17 the grant already enclosed with a good and sub- V.L.R., 686. stantial fence, it is no breach of a condition of the Each renewal of an existing licence to reaids lioence requiring the licensee either to reside upon on and cultivate auriferous land granted under the land, or within a period of four months from this section must be regarded as a new lioenoe. the date thereof to enclose the same with a good —/&.

504 LAND ACT 1928. [19 GEO. V.

Land Jet 1920 s. 6. Issue of Grown grant to certain licensees of auriferous lands.

Crediting of Ucenee-fees or rent paid.

Executors and administrators Included.

Worbed-out auriferous lands may be

firoclaimed and eased for

occupation. Land An 1915 «. 88.

Licence.

Area.

Conditions of licence'.

Resumption &c.

Purchase money,

3) Notwithstanding anything in any Act when any person in respect of a licence under the last preceding section or any corre­sponding previous enactment of any auriferous land —

(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(c> 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 person as occupier of the land under the licence or selection purchase lease shall be deducted from the total amount of such purchase money.

(5) For the purposes of this section " licensee" or " person " includes the executors or administrators of the licensee or person.

8 8 . (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 anriferous 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-ouc auriferous lands."

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

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

(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

(a) See note to section 36.

No. 3709.] LAND ACT 1928. 505

Board (to be certified under its seal) by such evidence as the Board tana Act ms. 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 Crown grant.

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.

(8) Any reference to a licensee in this section or the correspond- Executors and

ing section of any repealed enactment shall be deemed and taken to of licensee.

include the executors of the will or the administrators of the estate of a deceased licensee.

DIVISION 6.—LANDS WHICH MAY BE SOLD BY AUCTION.^

8 9 . (1) The lands comprised within the areas referred to in the upset price of Second Schedule to this Act as lands which may be sold by auction may iuction0.1*1"' be sold, subject to such covenants conditions exceptions and reservations ib. «.89. as the Governor in Council directs, in fee simple by public auction | ^ ° ^ l e 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 upset of selection purchase allotment is offered for sale by public auction the selections. 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 b auction sales by auction of lands in fee simple without having an auctioneer's thereof'106

licence or incurring on that account any penalty; and notice of every ib.». 90. 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.

(o) I t is the Governor in Council who sells Crown land, though the Board may arrange prelimin­aries.—Palmer v. The Board of Land and Works, Argus newspaper, 18th June, 1875.

506 LAND ACT 1928. [19 GEO. V.

Land Act 1915. ». 91. Conditions of sale by auction.

Land Act 1920

Terms may be limited.

Upaet price of lands unsold at auction may be reduced. Land Act 1915 s. 92.

Townships to be sold by auction. lb. 8. 93.

Power to sell township land to State Savings Bank Commissioners or municipalities for housing schemes. Zand Act 1923 ». 2.

9 1 . (1) I t 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 in cash of 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 end of each successive period of six months during which 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.

(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.

92 . When any township lands have been put up to auction and remain unsold thereat, the Minister may subject to notice as aforesaid direct that such lands continue to be put up to auction at any reduced price not less than One pound per acre.

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 anvthing 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 Par t I I I . of the State Savings Bank Act 1928 ; 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 XXVII I . of the Local Government Act 1928.

(a) Power to grant to discharged soldiers. Closer Settlement Act 1928, section 212.

No. 3709.] LAND ACT 1928. 507

(3) When any land has been granted pursuant to sub-section (2) Land AV 1928. the Crown grant shall contain a condition to the effect that such land i^^SDOtto shall not without the consent of the Governor in Council be used by the be sold &c. said Commissioners or the said municipality (as the case may be) for forUpurpose%r any purpose whatsoever other than for the purpose for which such whlch panted, grant, has been made ; and every conveyance 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 His Majesty the King as all other persons whomsoever.

(4) If within five years after the date upon which the Governor in Resumption by Council authorizes the sale of the said land to the said Commissioners userwtthin or the said municipality (as the case may be) the said laud is not used flve yeara-for the purpose for which the same was granted the said land may be resumed by the Governor in Council on behalf of His 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).

94. Where any portion of Crown lands not exceeding fifty acres Power to sen and not contiguous or adjacent to any other Crown lands is so situated portfonlfof as to make it desirable in the opinion of the Governor in Council that ^e™0J.and8and

the same should be sold, or where any portion of Crown lands not churches &o. exceeding three acres is required for a site for a church or for any fa$.Act 1915

charitable purpose for which land cannot legally be reserved the Governor in Council may direct the sale of such portion of Crown lands 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 second by adding such portion thereto. schedule.

9 5 . (1) From the time of sale by auction of any land the pur-Purchaser to be chaser thereof shall for the purposes of any Acts relating to local unaTr certa"" government or public health or dividing fences or sewerage or water Aots-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 liability Crownnot on the Crown or the Board in regard to any land sold by auction in the lIoble• event of the contract for sale thereof becoming void by reason of non­payment of any instalment.

96 . Every agreement whether in writing or otherwise whereby any Agreements person promises or agrees either directly or indirectly to give or SpeSna' t allow any sum of money reward benefit or thing to any other person in a"ylon810 be

consideration of such other person not bidding at any auction under this n.,. ge. 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.

508 LAND ACT 1928. [19 GEO. V.

land Act 1915 9 7 . Any agreement by any person to pay more than Two pounds Agreement to ^ e n shillings per centum of the purchase money where the price exceeds pay more than Fifty pounds or more than Ten pounds per centum of the purchase oommission. money where the price does not exceed Fifty pounds to any other

person for bidding or act ing for such first-mentioned person a t any such auction sale shall be wholly illegal and void.

Any money or 9 8 . Every person who directly or indirectly takes or receives underdany°eived a n y s u m °^ m o n e y kill note re ward premium or th ing whatsoever in >"esai pursuance of any agreement hereinbefore declared il legal and void or ftErrscnicnt to . . • • be forfeited, and in consideration or payment of any negotiation ar rangement or act on anToneasutnb/ his P a r t which would be illegal and void if agreed to be done shall for the same, forfeit such sum of money bill note reward premium or th ing or an ib.«. as. amount equal to the full value of the consideration paid which shal l be

recoverable by any person who sues for the same within twelve months from the t ime when the same was received.

Penalty for 9 9 . Every person who offers or proposes to any intending pur-«gn»emenfa?al chaser or lessee not being the principal for whom he is lawfully ib. e. eo. act ing a t any auction under this Division to bid in any part icular

manner or not to bid or not to bid except in some par t icular manner or to bid to a certain limited extent only or to bid for certain lands or leases only in consideration of such in tending purchaser or lessee bidding or not bidding for any laud or lease to be offered for sale a t 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 ponnds 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 within twelve months from the t ime of the offer or proposal.

Parties 1 0 0 . (1) I n any action or proceeding under this Division all to°Tvee"ev!dence part ies to any agreement and all persons making or receiving any but not to be offer or proposal as hereinbefore described shall be obliged and prosecuted in » certain cases, compellable to give evidence upon all mat te rs touching or re la t ing to ib. s. IOO. Such agreement offer or proposal. conspiracy. (2) No indictment presentment information or prosecution shal l

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 tha t may be asked of h im in relation to such agreement offer or proposal, nor shal l any such person be convicted by any evidence whatever of conspiracy in respect of any act done by him in contravention of this Division if he a t any t ime previous to any information being laid against him for such offence has fully disclosed such act on oath under the compulsory process of any court in any action or proceediug inst i tuted under this Division.

DIVISION 7. SWAMP OK KECLAIMED LANDS.<a)

Swamplands. 1 0 1 . A plan shall be kept fromactual survey of the areas known as ib.». ioi. t h e Oondah Koo-wee-rup Moe Panyyabyr and Mokoan swamps, referred Schedule. to in the Second Schedule to this Act as Swam]) or Reclaimed lands.

(a) See Closer Settlement Act, section 95.

No. 3709.1 LAND ACT 1928. 509

102. The Governor in Council may if he thinks fit cause any of the Lam Act 1015 Swamp lands to be drained and reclaimed by prison or other labour, '•102'

J. J x ' Governor in

and the Board may for that purpose make construct erect and maintain council may all the proper works engines buildings reservoirs tanks conduits valves Sis toTe"15 • sluices pumps canals ditches drains cuts channels water-courses sewers drained-embankments dams and all necessary drainage works.

1 0 3 . For the purpose of draining any of the said swamps it shall Power to enter be lawful for the Board its successors deputies agents and workmen and make canals

all other persons by them authorized without making any previousdrams &0,

payment or having the previous consent of the owner or occupier— Ib'"'103" (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 ; and

(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 ; and

(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 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 Board to make

granted, the Board and such other persons shall do as little damage as f""satistaofclon-may be, and that if required full satisfaction shall be made in manner provided by the Lands Compensation Act 1928 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.

510 L A N D A C T 1928. [19 G E O . V.

tana Act wis 1 0 4 . The Board may for the purpose of draining any of the said powers, of Board 8 w a m P s o r 0I" keeping any drainage works in good order and repair— for purpos of (a) enter into and upon any land whatsoever within one hundred

ram"se' 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 water­course 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 mainta in in a due state of efficiency al l canals ditches drains cuts channels water-courses sewers embankments dams and drainage works subject to its control ;

(c) extend lengthen widen s t rengthen 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.

penalty for 1 0 5 . Every person who wilfully dams up or in any way whatsoever obstructing • injures or obstructs any such canal ditch drain cut channel water-course drains sewer embankment dam or drainage work, and every person who ib. s. 105. wilfully hinders or prevents the Board or i ts successors deputies agents

and workmen from carrying out or performing any work under taken under the provisions of this Division, shall be liable to a penalty of not more than Twenty pounds.

Fixing-value of 1 0 6 . Subject to this Division when any swamp or reclaimed lands reclaimed lands referred to, in section one hundred and one or in the Four th Schedule n. a. 106. to this Act or any lands which are by proclamation published in the S T I M Government Gazette declared by the Governor in Council to be swamp

or reclaimed lands have been drained or reclaimed or when any swamp land owing to its situation or limited extent cannot be profitably drained as a public work the Miuister may direct a Land Classifi­cation Board to ascertain and provisionally determine the value of every allotment thereof.

Value to be 1 0 7 . (1) Such value of each al lotment shal l be marked by such ™ r ^ o n plan' Board on a plan showing the subdivision of such lands into a l lo tments , pian to be 0 0 Such plan shall be submitted for the consideration of the Board'of La*nd Board of Land and W o r k s which shall have power t o increase to such and Works, extent as it th inks fit or diminish 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 al terat ion.

power of Board 1 0 8 . (1) The value of each al lotment as so fixed by the Board to approve or Q^ j j a n ( j a ] 1 ( j W o r k s shall be deemed to be the value thereof for the ib.». io8. purpose of fixing the rent of such al lotment or the upset price thereof. Limit ot (2) Unless otherwise ordered by the Governor in Council no allotments. a l lotment shal l exceed in extent one hundred and sixty acres.

No. 3709.] LAND ACT 1928. 511

109 . When the value of any allotment has been fixed such Land Act 1915 allotment may— . °^ot

(a) be leased pursuant to the next succeeding section ; Or swamp land

(b) be leased under perpetual lease; or (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 a Governor in leased of any such allotment for a term of not more than twenty-one £™n%™ay

y e a r s . lands in lots of J 160 acres for 21

(2) Particulars of every such lease shall be laid before both drafna£oth

Houses of Parliament within one month of the execution thereof if 00"dit,<"is-Parliament is then sitting, and if Parliament is not then sitting then ' *'110' within one month after the next meeting of Parliament.

(3) If (whether before or after the commencement of this Act) power to during the currency of any lease granted pursuant to this section Hiecutore'to

or any corresponding previous enactment the lessee dies or becomes a ^"JJf 'S" lunatic or lunatic patient within the meaning of the Lunacy Act 1928 certain leases the Governor in Council may grant a renewal of such lease Or a n e w persons

lease of the land demised thereby to the executor or administrator fn nfs'nic* of such lessee or (as the case may be) to the committee of his estate grants. or the Master-in-Equity. ft* Act 1920

(4) Such renewal or new lease may be granted in the name of such Execution and lessee and be executed by his executor or administrator or (as the case rfmwei or'new may be) by the committee of his estate or the Master-in-Equity andlease- . 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.

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

r J Land Act 1915-(2) Every applicant for a conditional purchase lease of an pe 'It wilh

allotment or allotments shall lodge with his application an amount application, equal to the first instalment of the purchase money of the allotment of the highest value of those applied for.

112 . Every conditional purchase lease of an allotment shall so conditions. far as is consistent with this Division contain the like conditions and Ib-' U2-covenants as perpetual leases under subdivision three of Division four.

(a) See section 115.

512 LAND ACT 1928. fl9 GEO. V.

Land Act 1015 s. 11S. Condition in leases.

Non-alienation within six years.

Non-ajristment of stock.

Declaration of non-assignment of conditional purchase lease.

Other conditions.

Conditional purchase leases lb. ». 114.

State Savinns Bank Act 1915 «. 95.

Fifth Schedule.

Power to ' 'N! transfer after six -j'ears &o.

Issue of j rant .

1 1 3 . 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 a,ny part of the allotment within the first six years of such lease ; and

(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 laud demised or permit any of such laud to be cropped or used by any person other than the lessee without the previous written consent of the Board ; and

(c) a condition that within the said period of six years the lessee whenever so required by the Minister will furnish him with a statutory declaration to the effect that he has not directly or indirectly transferred 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 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 term of years as may be agreed upon by the lessee and the Board, and shall provide for payment of the value of the allotment with 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 tlian 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 sub­section on the basis of there being sixty-three half-yearly instalments is set out in the Fifth Schedule.

(5) At any time after the expiration of the first six years of any such lease provided that the Board is satisfied that all the 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 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.

No. 3709.] LAND ACT 1928. 513

(7) The amount to be paid by any lessee of an allotment who is Land Act ms. not in arrenr with his half-yearly instalments aud who at the end of ^-^"'rant" 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 Liability of one half-yearly instalment is in arrear, but forfeiture for non-payment pa menTo"°D

of any instalment may with the consent of the Minister be prevented instalnient8-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 Grown in respect of such instalment.

115 . (1) Every lease under section one hundred and ten of this special Act and every perpetual lease and every conditional purchase lease and u^ 'md ' " every contract of sale of any allotment of swamp or reclaimed land oontract9-shall inter alia contain—

(a) a condition that the lessee or purchaser of such land for the improvements. 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 TO keep open 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 par t ;

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

allotment. (2) The condition mentioned in paragraph (a) of sub-section (1) LakeBuioke

of this section shall not apply to the leases of the land known as Lake or reclaimed ^

Buloke allotments if in the opinion of a Land Classification Board and Iands' 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 Power to cancel purchase lease or contract of sale of any swamp or reclaimed land, condition for

where the Minister is of opinion that expenditure for substantial and lmProvement8. 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 Power to in writing apply at any time for permission to surrender his lease to of sw°amp or*see

His Majesty. t 7 s ' u ™ d s

(2) If the Board is satisfied that the applicant holds the allotment leaueimd ohtem * . . , I T r » j i j i j _ i i . a conditional

bond fide for his sole use and benefit and that such surrender is purchase lease. VOL. r n . - 3 3 "• *• U6>

514 LAND ACT 1928. [19 GEO. V.

Land Act 1915. 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.

Power to sell 1 1 7 . The Governor in Council may increase the area of land auctloPn'ands at 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.

Ib.«. 117. Second Schedule.

Condition in Crown grant to keep open drams. K. t. 118.

Penalty for breach of condition as to drains, &c. in Grown grant of swamp or reclaimed land. Land Act 1921 «. 11.

Power of Board to authorize drain &c. through adjoining swamp lands. Land Act 1915 ». 119.

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 tban one hundred and thirty-two feet from such part.

(2) Where a Crown grant issued on or after the twenty-first day of December Nineteen 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 laud for the time being who does not comply with such condition shall, in 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 eacli year during which any such breach continues.

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

No. 3709.] LAND ACT 1928. 515

not be entitled to receive or be paid any compensation by reason of the Land AH ms. cutting or using of such drain by the owner or occupier of such other allotment.

120 . The rent payable by the perpetual lessee of any swamp or Rent under reclaimed land for the period ending the twenty-ninth day of December of s ampio?" Nineteen hundred and twenty-nine shall be Four pounds per centum per n. $. 120. 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 LICENCES.

1 2 1 . (1) The Governor in Council or any person duly authorized Grazing licences, by him in that behalf may from time to time grant to any applicant a b'''1 ' grazing licence to enter with • cattle sheep or other animals upon any park lands reserves or other Crown lands not forming part of any common or held under lease or licence 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 ]ands comprised in the first second third or fourth class or class four A land to the right of any person to come Land Act 1021 in upon such lands so granted and to select a selection purchase"'4" allotment/*)

(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 Division.

(3) Where a licensee has with the consent of the Minister Eftectof enclosed with a substantial fence the land which is the subject of his ulTderfrazing licence he may impound any cattle sheep or other animals found 1

Ileee"^as

trespassing thereon. impounding. (4) Where the licensee holds land under this section or the Power to sue

corresponding section of any repealed Act which is unfenced he may inand™otes

in any court of competent jurisdiction sue the owner of any cattle sheep »enced-or other animals for damages arising from trespass by such cattle sheep or other animals.

(5) Every grazing licence granted to any persou under and grazedc?own pursuant to the provisions of this section shall be so granted for such L ntrffOTany term not exceeding seven years or (in the case of an applicant who is a term not discharged soldier within the meaning of Part I I . of the Closer years. '"g B"e" Settlement Act 1928) fourteen years as the Governor in Council thinks fit,Ib- »•122-subject however to cancellation at any time by the Governor in Council. ^""2!Act m °

(a) Plaintiff was the holder of a grazing licence to successfully sue for an unauthorized interference under section 119 of The Land Act 1884 (corre- with the proper enjoyment of the licence, and sponding with this section). Upon these lands that he was therefore entitled to recover for actual was a quarry hole filled with water, which was damage resulting from the acts of the defendants, most valuable for sheep and stock, but the de- —Vaughan v. Shire of Benalla, 17 V.L.R., 129. fendants deposited night-soil in the water, causing See section 250 of the Local Government Act a filthy and abominable nuisance. On action to 1928, which makes land held under grazing recover damages brought'by the plaintiff: Held, licences rateable property and the lioensee the that though the licence was a purely personal one, occupier. See also the Vermin and Noxious Weeds and gave the plaintiff neither an estate nor an Act 1928, section 3, which makes a lessee or interest in, nor a right to the possession of, the licensee from the Crown an " owner " within the land, it nevertheless gave him a sufficient title meaning of that Act.

516 LAND ACT 1928. fl9 GEO. V.

Land Act 1920 8.13. Power to discharged soldier to select out of grazing licence land.

Permit to clear and cultivate certain reserves &o. under grazing licences. land Act 1021 ». 12.

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

Terms conditions and period of permit.

As to timber trees.

Dwellings not to be erected.

Effect of •expiry <ftc. of permit or selections out of such land as to compensation growing crop Ac.

(8) If the Minister having due regard to future development and the preservation of the public interest approves any discharged soldier within the meaning of Par t 11. of the Closer Settlement Act 1928 who has been granted a grazing licence under this section may within two years after the grant of the licence select a selection purchase allotment out of the land which is the subject of his licence.

122.(o> (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 one year) as the Minister determines and as in the opinion of the Minister the Board of Land and Works and the State Eivers 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 19^8, 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 conditions and may be granted for such period not exceeding the term of the licence as are prescribed or as the Governor in Council thinks fit subject however to cancellation at any time 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 cultivate land or to clear and cultivate land shall not unless with 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 or part or portion thereof in respect of which a permit under this section has been granted.

(0) In the event of the expiry or cancellation of a permit under this section or in the event of the land so held under licence or any part or portion thereof being selected as a selection purchase allotment or being required for any purposes which the Board deems to be of a

(a) But see Forests Act 1928, section 74.

2Jo. 3709.] LAND ACT 1928. 517

public nature the licensee shall not (unless otherwise determined by the Land Act 1921. 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 Minister Where crop not it shall become the property of the Crown and shall be sold by the r e m o v e d &0-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 any Compensation licensee referred to in sub-section (1) or sub-section (2) of this section improvements if the land included therein is not selected as a selection purchase g^^U \ allotment or taken by the Board for public purposes the licensee outgoing thereof or his executors administrators or assigns shall be paid by any"censee-

incoming licensee (in addition to any sum determined by the Board pursuant to section one hundred and twenty-four) 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 twenty-four.

(9) The sum to be paid pursuant to the last preceding sub-section Amountof in respect of such improvements shall not exceed the sum expended an m ^ a t l o n

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

(10) For the purpose of aiding in the destruction of vermin and power to grant the eradication of noxious weeds the Governor in Council or any person oTar o'i0611068

duly authorized by him in that behalf may from time to time grant a £j?T,nands t o

grazing licence under the last preceding section in respect of any area nolderanwith of unalienated lands of the Crown (not forming part of any park lands) to?dratraction for which a grazing licence may be granted under that section and noaorS'weedl which in the opinion of the Minister is a harbor for vermin or infested «., . 13. 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.

(11) Any area of Crown lands to which the last preceding sub- oazettuior section applies shall before any licences are granted hereunder heoreas-

specified by the Minister by notice in the Government Gazette. (12) Every grazing licence granted to any person under sub-Term rental

section (10) shall be so granted— o " g X g (a) for such term not exceeding seven years as the Governor in licences.

Council thinks fit subject however to cancellation at any time by the Governor in Council ;

(b) at such annual licence-fee as the Minister thinks fit; c) subject to such of the provisions of sections one hundred

and twenty-one one hundred and twenty-three and one hundred and twenty-four of this Act as the Governor in Council thinks applicable; and

518 LAND ACT 1928. [19 GEO. V.

Land Act 1921. (d) 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 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—

interpretation (a) the expression " noxious weeds " means any plants named w8e'd°."l0UB a n d declared to be noxious weeds or th is t les for t he

purposes of th is section or for t he purposes of any other enac tment re la t ing to noxious weeds in any proc lamat ion which is (whether before or after the commencement of th i s Act) made by the Governor in Council and which is in force th roughout Victor ia or in the port ion of Victoria in which the Crown lands are s i tuate wi th respect to which a licence or permi t under this section (as the case m a y be) has been applied for or g ran ted ; and

Proclamation. (b) t he Governor in Council m a y from t ime to t ime by procla­mat ion published in t h e Government Gazette declare any p l a n t to be a "nox ious w e e d " in any port ion or por t ions of Victoria specified in the proc lamat ion and m a y by proclamat ion published as aforesaid revoke or vary any such proc lamat ion .

Licensees of 1 2 3 . (1) The Minis ter a t the request of any licensee of Crown m™yWbelands l a n <^ ( n 0 ^ being auriferous) m a y in wr i t ing pe rmi t such licensee to permitted to construct t a n k s or dams on such land and to erect a suitable fence erect a suitable i , i T i , . n i i i

fence &c. round the whole or any port ion ot such land. f°i2s'4d1915 (^) Such fence shal l if erected pu r suan t to such permission remain Pence to remain the proper ty of t he licensee and may be removed by h i m when the property of period of his licence expires or a t any prior t ime. Effect. o! (3) I n the event of* the licensed l and be ing selected as a selection of1ia°ntd0heidUt purchase al lotment or being required for any purposes which the Board underjrazhig m a y deem to be of a public nature the licensee 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.

Pence to be (4) I f such fence when so ordered is not removed wi th in a t ime removed &o. fixe(j by the Minister i t shal l become the proper ty of t he Crown and

shal l be sold by the Board. After p a y m e n t of the costs and expenses of such sale any balance of purchase money m a y be paid to the licensee.

compensation 1 2 4 . (1) Upon the expi ra t ion of t he t e rm of any g raz ing licence ments o0™ under section one hundred and twenty-one or the corresponding section outImniiicensee °^ a n y repealed A c t if t he land included in such licence is not selected ib.«. 124. a s a selection purchase allotment or taken by the Board for public

purposes the licensee thereof or his executors administrators or assigns

No. 3709.] LAND ACT 1928. 519

shall be paid by any incoming tenant the value of all tanks dams or Lam Act wis. 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 Amount of exceed the sum expended, thereon by the licensee his executors adminis- °°mPen8atlon-trators 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. HOW determined.

DIVISION 9.—LEASES AND LICENCES FOE OTHER THAN GBAZING OR AGRICULTURAL PURPOSES.

Subdivision 1.—Leases±a)

1 2 5 . (1) The Governor in Council may grant leases of any Crown Leases for other

land not exceeding (except in the case of leases for guano or other £^u3iturdaor

manure or for obtaining and removing stone or earth or for the «razin«-manufacture of salt or for purposes of amusement and recreation or forI6 ' *'125-

rifle ranges) three acres for a term not exceeding twenty-one years from the date thereof at a yearly rent as provided in the next succeeding section for any of the following purposes (that is to say):—

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

(6) For obtaining and removing therefrom stone or earth : (c) For sites of inns stores smithies bakeries or similar build­

ings 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: (Ji) For sites for ship and boat building or repairing and marine

and general engineering works: (i) 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 twenty-seven be published in four consecutive ordinary numbers of the Government Gazette at least one month before the grant of such lease.

(a) As to Worjthaggi, see Part X.

520 LAND ACT 1938. fl9 GEO. V.

Zand Act 1920 «. 9. Power to renew &o. to executors Master-in-Equity &o. certain leases granted to persons deceased or Insane since grants.

Execution and effect of the renewed or new 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 Lunacy Act 1928 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 Master-iu-Equity.

(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 Master-iu-Equity 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 iu 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.

Conditions of leases. Land Act 1915 «. 126.

Canals.

Kighfc to lease in city town or borough to be offered at auction.

Renewal of leases of land within any city town or borough

Not necessary to offer for sale by auction right to lease for amusement or recreation.

126. (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 bon&Jide 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 cauals 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 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 boundaries of any city town or borough grant 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 said section for purposes of amusement or recreation shall be granted subject to the provisions of this and the said section so far as the same are applicable thereto save only that it shall not be necessary to offer for sale by auction the right to such lease.

No. 3709.] LAND ACT 1928. 521

127. The G-overnor in Council may grant leases of any Crown Land Act 1915 lands for rifle ranges for any term not exceeding twenty-one years at *12** f such yearly rental and subject to such covenants terms and conditions rangra. 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 twenty-five.

128. The Governor in Council may grant leases of lands forming Leases tor roads part of any lands of the Crown (including water reserves but not in- and tramwa>'3-eluding lands within any reserved forest) not exceeding 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.^ 129. (1) The Governor in Council or any person duly authorized Purposes for

by him rn that behalf may from time to time grant to any applicant a ma^oi'Seci licence^ to enter upon any Crown lands not under licence or lease as other than

- 1 - . . - . . - , - , . agricultural an agricultural or grazing allotment or not under lease as a selection or grazing. purchase allotment for any of the following purposes (that is to Ib- '•129-

say) :— (a) To cut dig and take away any gravel stone limestone salt

guano shell seaweed sand loam brick or other earth: (J)) 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: (<?) To collect ballast: (/') To occupy an area not exceeding three acres in extent for the

purpose of gardening thereon : or (g) 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 Conditions o!

it is issued and shall continue in force for a period not exceeding one lloenoes-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.

130. Notwithstanding anything contained in the Forests Act 1928 Licences to

the Governor in Council or any person duly authorized by him in that ™ndsto°cutan<i behalf may from time to time grant to any applicant a licence under '"^d'tuniw. the last preceding section to enter and cut dig and take away any live Ib_ „. 130. or dead timber upon any Crown lands not under licence or lease as an

(a) See section 162. Mayor, &c, of Port Melbourne v. Loach, 25 (6) Lands held under licence from the Crown V.L.E., 619.

under the provisions of this sub-section constitute A licensee holding over and paying rent is not rateable property within the meaning of section a tenant from year to year.—The Queen v. 249 of the Local Government Act 1928.—The Dallimore, L.R., 1 P.O. 13.

522 LAND ACT 1928. [19 GEO. V.

Certain holders of land who have made improvements to have rig;ht to purchase. lb. 8.131.

Certificate.

land Act 1915. agricultural or grazing allotment or not under lease as a selection purchase allotment or not comprised in a "Protected Forest" or " Reserved Fores t" as defined by the Forests Act 1928.

1 3 1 . (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 inn store smithy or similar building and not within the boundaries of any city and of which land the licensee has been in possession for a period of five years, if it is proved to the satisfaction of the Board—

(a) that such buildings or other improvements have been erected or made, and

(Jb) that the licensee has been in possession of snch 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 to be stated by the Board within three months after being requested to do so by the licensee or within three months after an application has been made to purchase as hereinafter mentioned, 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.

(2) I t shall be lawful for the Board previous to the purchase 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 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 one such site.

(5) For the purposes of this section any reference to a licensee shall be deemed and taken to include the executors or administrators of any such licensee and also any person to whom 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 on behalf of His Majesty under the provisions of this section there shall be inserted such covenants conditions reservations exceptions and pro­visions as to Governor in Council seems fit.

Bee Farm LicencesS") 132 . (1) The Minister or any person duly authorized by him in

that behalf may grant to any applicant a licence for the purpose of a bee farm of an area nut exceeding ten acres in extent upon any Crown lands or upon any lands held under an annual grazing licence.

Payment.

Ltmit&tiun.

Right to

fmrchaae certain icensed lands.

Conditions In grant. Lund Act 1915 (A'o 2) «. 6.

Bee-keeper's licence. Land Act 1915 «. 132. Land Act 1021 ». 16.

(a) See Jenner v. Mildura, 1926 V.L.R., 514, noted to section 197 of the Local Qovernment Act 1928.

No. 3709.] LAND ACT 1928. 523

(2) Every licensee of a bee farm shall have the right of ingress Land Act 1915. egress and regress to and from such bee farm but such licence and ingress and such licensee shall be subject to such terms restrictions limitations and conditions and to the payment of such fee as may be prescribed.

133. The licence of every site for a bee farm at any time granted conditions of by the Minister or person authorized as aforesaid in pursuance of the licence™9

last preceding section shall be subject to the undermentioned provisions u>- «• is3. namely— Land Act 19a

J 4.16.

(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 ;

(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;

(c) 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;

(A) No licensee shall permit the careless use of fire on or near his bee farm site ; and

(j) No bee farm site shall be transferred or sublet by the licensee without the previous consent in writing of the Minister.

134. Where a licence is issued for a bee farm site forming part As to resiump-

of any land held under a grazing licence, possession of such site may if finds wef which the Governor in Council thinks fit but. not otherwise be at any time 5iee

0,a^|lt

I^1ence

resumed by His Majesty on the licensee of the proposed site paying Laml Act 19i5

to the Minister all moneys payable by the Crown in respect of such *•1S4-resumption.

524 LAND ACT 1928. |"19 GEO. V.

Land Act 1915 1 3 5 . (1) Notwithstanding anything contained in any grazing Li.mt on licence i t shall not be lawful for the holder thereof unless lie is also number of hires the holder of a bee farm licence to keep more than ten hives of bees gr^pare^ on his holding and it shall not be lawful for any other person who lessee &o. j s n 0 £ ^he n o ider 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 Lo 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 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.

Bight of access of bee farm licensees. lb.«. 136.

Proclamation of lands available as bee range areas. lb. s. 137.

Bee range area licences. lb. e. 138. Land Act 1921 t. 15.

Conditions.

136. 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. 137. (1) The Governor in Council may by proclamation published

in the Government Gazette declare that any unalienated Crown land mentioned in such proclamation shall notwithstanding anything con­tained in any Act be available for being licensed for the purpose of being used for bee range areas.

(2) In this section "unalienated Crown land" includes any land held under 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.

138. Subject to the undermentioned provisions and to such terms and conditions as the Minister thinks fit the Minister or any person duly authorized by him in that behalf may grant a licence of any land proclaimed as aforesaid for a bee range area—

(a) No person company corporation or firm shall hold 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 amy 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 :

No. 3709.] LAND "ACT 1928. 525

(c) A licensee shall pay to the Minister or person authorized Land Act mis. 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 bis apiary as specified in the licence ;

(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 Restriction on • • • . • • transfer

licensee without the previous consent in writing of the Minister ; and

(f) The Minister may at any time cancel any bee range area Cancellation. 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.

139. (1) A bee range area licence shall confer on the licensee a Effect of licence, right to the use by his bees of any trees within one mile of the site of •">• «• is». 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 licenced from the Crown.

Eucalyptus Oil Licences. 140. Pursuant to the provisions of section fourteen the Governor Power to

in Council may from time to time reserve either temporarily or ^ j j^ fo , permanently from-sale or from being leased or from having (except ^™^J,

f°f

as in the next succeeding section provided) a licence granted in manufacture of respect thereof any Crown land which in his opinion is suitable as a j j 0 ^ ^ " 9 °"* reserve for the growth of timber for the purpose of the manufacture or production of eucalyptus oil.

141 . d ) The Minister mav from time to time grant to any Licences to v - / ?- - - ~ J cut timber*

! lb. t. 141. applicant a licence to enter upon the wrhole or any part of such reserve °"ttimber&0-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 Period of and shall be subject to such terms restrictions limitations and 'benl^dby'to

conditions and to the payment of such fees as may be prescribed. regulations.

DIVISION 10.—COMMONS.

142. All commons heretofore or hereafter proclaimed shall sub- Common lands,

ject to the provisions of this Par t be dealt with in the same manner n- '•U2-as the other portions of the areas referred to in the Second Schedule schedule, of which they respectively form a part.

143. Nothing in this Part contained shall affect except so far as saving of may be expressly provided herein any common proclaimed before the commons, commencement of this Act or the rights of any person entitled to «• *• i«. commonage under the authority of any repealed Act to depasture cattle upon any common.

(a) See section 137.

526 LAND ACT 1928. [19 GEO. V.

Land Act 1915 «. 144. Governor in Council may proclaim commons.

Legal proceedings.

Governor in Council to frame regulations. rt> 1.145.

Management.

lb. «. 148.

Powers of managers

Saving

144. (1) The Governor in Council may(o) 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 he imposed paid collected and recovered for depasturing thereon and how such fees shall he 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.

145. (1) The Governor in Council may appoint managers and 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.

(3) This section shall apply to commons whether proclaimed before or after the commencement of this Act.

146. (1) All commons heretofore or hereinafter proclaimed may be governed by managers appointed as herein provided.

(2) Such managers shall during their continuance in office have power to distrain any cattle and swine trespassing on such 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 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

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

No. 3709.] LAND ACT 1928. 527

lands or in respect to any timber stone loam clay sand brick and other land Act ms. earth within the limits of the common.

147. The Governor in Council may<°> increase and after One Governor in month's notice in the Government Gazette diminish alter or abolish any pn°c

ureMe™r'y

common heretofore or hereafter proclaimed and may re-proclaim the ^"mon whole or any part of any such common for any of the purposes and /;,,,. ul\ 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.

148. When a common is diminished altered or abolished by the Lands taken - - - from coimr-"

lb. 1.148. Governor in Council under the provisions of this Part the lands so ,rom commo"8-ceasing to be included in a common m a y be disposed of in any manne r authorized by the provisions of this Par t applying to the class in which such land is included.

DIVISION 11.—TRESPASSES, PENALTIES, LEGAL PROCEEDINGS, ETC.

149. Every land officer and every substitute of any land officer Land officer not who directly or indirectly selects or applies for a lease of any selection aUotaJent der purchase allotment within the district to which he has been appointed ^ " j ^ " ' ^ , shall thereby forfeit his office and shall also forfeit the sum of One office. hundred pounds with full costs of suit which may be recovered by any n- '• "9-person who sues for the same in any court of competent jurisdiction.

150. Every person who on making application for a lease of Penalty for false a selection purchase allotment or for a licence for an agricultural or reSngto" grazing allotment under this Act wilfully makes any false statement JJ1,^",,, or refuses to answer any question relating to such application which relating to may be put to him by the land officer or the substitute of a land J™)'" '™' 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 with or without hard labour for a term of not less than fourteen days nor more than six months.

151. Every person who is found in unauthorized occupation of Penaltj for any Crown land or who knowingly and wilfully depastures without ""cupationOT authority in that behalf any cattle or swine on any such land not f^^"8 on

being a common shall be liable on conviction thereof to the penalties commonable, following (that is to say)—for the first offence a sum of not more than Ib- '•151-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.<4>

(a) Publio hearing, see section 34. pier " of such land within the meaning of the (6) Occupation by the holder of a miner's Local Government Act.—The President, <5ec, of

right for purposes of residence of land which was the Shire of Poowong and Jeetho v. Qillen, 1907 excepted from occupation for purposes of residence V.L.R., 37. was held to be an unauthorized occupation, Under the Acts formerly in force occupation punishable by fine under this section.—Bannerman under a miner's right was held not to be "un-v. Sexton, 16 V.L.R., 601. authorized occupation".—McLean v. Wearne, 1

A person who is committing an offence under A.J.R., 152 ; so too, occupation under a colour of this section by being in " unauthorized occupation right.—McCann v. Quinlan, 4 A.J.R., 117. But of Crown land," may nevertheless be an occu- see section 157.

528 LAND ACT 1928. [19 GEO. V.

Land Act 1915 152. (1) The Governor in Council may appoint a pound within powtr to a n y a r e a °^ Crown lands and may appoint any bailiff of Crown lands establish or other person to be poundkeeper thereof, and the pound fees and cro«-n8Cds. the trespass rates collected by the poundkeeper shall be paid into the

Consolidated Revenue.

Persons (2) Any person authorized in wri t ing by the Board in any fni'mund cattie. par t icular case may impound in any such pound any catt le t respassing

on any such area.

Trespass rates. (3) (a) A pound so appointed shall be deemed to be a pound not within a municipali ty and the trespass rates to be received by the poundkeeper shall be fixed a t 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 r a m ewe sheep l amb goat or p ig ;

(b) The trespass rates hereby fixed shal l be due and payable by the owner of the catt le or his agent to the pound-keej)er or in the case of cat t le being driven to a pound to any person authorized as aforesaid who is dr iv ing them to a pound appointed as aforesaid or to a pound within a municipali ty and shall be paid by such owner or agent before the release of such catt le .

Application of (4) So far as is consistent with this section the provisions of the Pounds Act pounds Act 1928 shall apply to such pound and the poundkeeper

thereof and all persons whose cat t le a re impounded and to such cat t le .

Application of (5) The provisions of this section shall be read and construed as section. j n &i£ Qf a n ( j nofc j a derogation of any powers (whether statutory or

otherwise) in regard to impounding cattle trespassing on Crown lands.

Penalty for other 153 . Every person not licensed or otherwise authorized under this CTOwnTands" Part or under any other enactment who searches upon any Crown land ib. j . 153. for any gold or minerals within the meaning of the Mines Act 1928 or

cuts digs or takes from any Crown lands any 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(o): 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.

(a) A constable may prosecute under this owned by private persons, was referred to as a section.—B. v. Mollison, ex parte Seed, 5 A.J.R., road by the witnesses called by both parties. 117. Held, that there was no evidence to justify a

On the hearing of a charge of removing bark finding that the land was Crown land. (McOrath from trees on Crown lands there is no prima facie v. Smith, 2 V.L.R. (L.), 231, distinguished.) The presumption that the land on which the trees are words "strips or removes bark from any t ree" in situated belongs to the Crown. Accordingly where this section do not include the act of ring-barking the only evidence before the Court was that the a tree.—Warren v. Eyres, 1918 V.L.R., 147. land in question, which lay between pieces of land

No. 3709.] LAND ACT 1928. 529

154. Every person not licensed or otherwise authorized in that Land Act 1915

behalf by the Board who enters upon any Crown lauds aud deposits * ' e ^ for thereon any dust mud a.shes bricks stones timber sewerage soil dung or depositing rubbish shall for a first offence be liable to a penalty of not more than {j'rowiuands. 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.

155. Every person who wilfully obliterates removes or' defaces obliteration ot any boundary mark which has been made or erected by or under the / j™^" direction of any authorized pfficer of the Board shall be guilty of a misdemeanour.

156. The lessee and his assigns of a selection purchase allotment Rights of

and the licensee and his assigns of an agricultural or grazing allotment JeMeeTsairati and the person or persons in whom the interest or any part thereof oftTe8paS3era-any such lessee or licensee may at any time under this Part become *'15 ' 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 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.(a)

157. When any person— Anyunautno-(a) occupies any land which was held under any licence or lease under°aforfeu«j

which has expired, or has become forfeited or forfeited and ma" bVforcrwy void or has been revoked under this P a r t ; or dispossessed.

(b) occupies any land and purports so to do in virtue or under *' *'157-

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 neglects 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 Sbrth schedule, justice for and such justice shall issue a summons in the form set forth seventh in the Seventh Schedule calling upon the occupier of such land to Schedule-

(o) In order to entitle a licensee to impound of land ad joining a highway is bound to allow sheep sheep, the fence must be sheep-proof. The term travelling along the highway, which trespass upon "substantial fence" in this section means a his land by walkingunderthefence, toremain upon substantial fence having regard to the character his land for a sufficiently long time to give the per-of the animal trespassing —Bourchier v. Mitchell, sons driving them an opportunity of removing them. 16 V.L.R., 415. —lb. See Butcher v. Smith, 5 W. W. & a'B. (L.), 223.

Apart from these special provisions, the owner VOL. in.—34

530 L A N D ACT 1928. [19 GEO. V.

Land Act 1915. appear a t a t ime and place to be therein specified before a court of pet ty sessions consisting of two or more justices (one of whom shall be a police magis t ra te ) who may hear and determine the ma t t e r of such information iu a summary way ex parte or otherwise.

Hearing. 1 5 8 . (1) On the production of a copy of the Government Gazette n. >. 157. containing a notice t h a t 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 a t the t ime and place specified in the summons or a t any adjourned hear ing of the said information t h a t the land referred to in such summons is the same as is referred to in the said notice; a war ran t shall be issued by the justices or one of the just ices const i tut ing such court or any other justice which may be in the form

Eighth or as near as may be in the form contained in the E igh th 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 bond Me or otherwise which may be raised at any such hearing as aforesaid.

(4) This and the las t 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 g ran t for such land and who has fulfilled all the covenants and conditions of the licence or lease so far as they are applicable to h im.

Recovery of 1 5 9 . The rent reserved in any lease or the fee payable in respect rentand licence- Q£ &u^ i ( c e n c e g r a n t e d or issued under any Act relat ing to Crown lands ib. a. 158. including this Act may be levied or recovered by or under the

authori ty of the Board in like manner as any rent or fine is or shall be leviable or recoverable by law; and in case the same shall be levied by distress an order under the seal of the Board shall be a sufficient war ran t and author i ty to distrain, any law or enactment to the contrary notwithstanding.

Demand for or 1 6 0 . Notwi ths tanding anything contained in any Ac t or in any rentfaTnot'to licence or lease tiiereunder the demand for or acceptauce of any ius ta l -TOive'r'or'b'reach m e n t °f purchase money or any rent fee or interest by or on behalf of of covenant or His Majesty or the Minister or the Board subsequently to a breach of /A" 159 a n y c o v e u a u t or condition of such licence or lease (whether such

instalment of purchase money rent fee or interest has become due before or after such breach) shal l not be deemed a waiver of such breach notwithstanding t h a t the Board or the Minister or the person receiving the same had knowledge of such breach/")

certificate of 1 6 1 . An inst rument in writ ing under the seal of the Board /«°<5edevTdenco certifying t h a t the person named therein has not paid the fees or rent of non-payment stated in such ins t rument to be due by h im on any licence or lease °ib. o.iai. granted under any Act relat ing to Crown lands and containing

(a) See Imperial Acts Application Ad 1922, Part effect of the acceptance of rent before this section II . , Division 22 (21JamesI. ch.25),and Eltershank was passed. See also Kussell v. Parkinson, 6 T. The Queen, 4 A.J.K., 11, 55, 132, as to the W.W. & a'B. (L.) 264, N.C, 73.

No. 3709.] LAND ACT 1928. 53J

particulars of the amount due and the days on which such fees or rent land Act im. became due shall he primd facie evidence of the non-payment of such fees or rent and of the amount due and of the time when the same became due.

162. (1) The Governor in Council may by proclamation declare Governor in

that no person although he is duly licensed or otherwise authorized pSitTeiLtr shall cut dig or remove live or dead timber or any particular description timber &0-of timber or bark stone gravel sand loam brick or other earth from such /*-"-182-portions of Crown lands as are 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 tliis Part.<°>

(2) Every person who acts in contravention of any such proclama- Penalty on

tion shall be liable to a penalty of not more than Ten pounds. °^n^%

proclamation.

163. If any person is found on any Crown lands whatever Proof, including any portion of Crown lands referred to in the last preceding Ib- '•162-section having in his possession any live or dead timber 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 tha t he did not so do or t ha t he had author i ty so to' do.

164. Every person who unlawfully cuts, breaks, throws down or in Destroying anywise destroys any building or fence of any description whatsoever ^rce8

1^' 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 auy two justices (one of whom shall be a police 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.

165. All notices published in the Government Gazette purporting Declarations of

to declare that the Governor in Council has revoked forfeited or declared 'or,eit,"'e vaiii

void any lease or licence issued under any Act at any time in force '*' 64" 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 . w

(a) By this section power is given to the Gover- certain specified dimensions, the former clause nor in Council to forbid by proclamation the is limited by the effect of the latter clause.— cutting of timber under certain dimensions from Brocklebanlc v. Ryan, 24 V.L.R., 24. Crown lands, although a person may be duly See also the Forests Act 1928. licensed or otherwise authorized so to do. Land (6) A similar section was discussed in Eltershank held by a lessee under a mining lease from the > v. The Queen, 4 A.J.R., 11, 55, 132, where it was Crown is Crown land within the meaning of such a held that the section gave no new right of proclamation. Semble, the powers conferred by forfeiture but operated as conclusive evidence (in such mining lease are not nullified by the terms of those cases in which there was aliunde a right of such a proclamation. Where a clause in a mining forfeiture) not only of formal acts but also t h a t lease giving power to cut timber for mining opera- the forfeiture had been incurred and that there tions and for domestio purposes is followed by a had been an election to forfeit. See also Thorburn clause forbidding the cutting of timber of less than v. Buchanan, 2 V.R. (L.), 169.

532 LAND ACT 1928. [19 GEO. V.

Land Act 1015 ». 188. Appeal to general sessions.

168 . Any person who feels himself aggrieved by any couvictiou 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.

DIVISION 12.—MISCELLANEOUS.

AH crown grants 167. There shall be inserted in every Crown grant of land alienated SlTtoraHitaiii in fee-simple, and in every licence or lease of land with the right of

,f,„„ 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 beiug the holder of a miner's right or of a mining lease or mineral lease under the Mines Act 1928 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 lauds provided that compensation as prescribed by Par t I I . of the said Act is paid for surface damage to be done to such lands by reason of mining thereon.

a condition permitting mining on -compensation for surface <iamage. /*. ». 167.

Lands alienated to be subject to condition* for mining. lb. s. 103.

Proceedings.

Olttlm.

Jurisdiction.

Appeal.

Regulations.

168. (1) The Governor in Council may resume for mining pur­poses all lauds alienated under the provisions of this Part on paying full compensation to the licensee lessee or owner for the value of the land and of the improvements so resumed.

(2) If such value is not ascertained by agreement within one 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 1928 (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 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 Mines Act 1928 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 a 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 1928 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 may be resumed shall be determined by regulations in such manner as the Governor in Council from time to time directs.

No. 3709.1 LAND ACT 1928. 533

(7) Where under the provisions of any Act previously in force the lami .•irfiois. 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.

169. (1) If at any time any licence or lease is issued to an unsurvpyea applicant for an agricultural or grazing allotment or selection purchase h1avc8tiwblet0

allotment under this Part and such agricultural or grazing allotment ££"£atony or selection purchase allotment has not been surveyed under the «mo during direction of the Board, the temporary boundaries thereof shall be iCpU

a"e"m"nce °

marked and described by the applicant at his cost. n. *. i«9. (*~) Any dispute between two or more licensees or lessees

respecting temporary boundaries shall be settled by the Minister, or as he directs. ;

(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.

170. For the purpose of enabling any selector under any selector may »t previous Act relating to Crown lands or any licensee or lessee of any anJrownegrant,D

agricultural or -grazing allotment or selection purchase allotment hL iiotment'or under this Part or any corresponding previous enactment to establish vineyard or and cultivate a vineyard hop garden or orchard any such selector ;^"J70. 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 aDd 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.

171. When the course of any road has been or is altered or is Exchange of about to be altered, if the owuer of the land over which the road in its ^°*"tod altered state passes or is intended to pass is willing to exchange such uP°n alteration land or any p.art of it for the land traversed by such roa,d in its former "jt.T.in.. 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.

172. (1) Where in the opinion of the Governor in Council there Resumption is no convenient access to any portion of Crown land, he may by notice ,or roadB-

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 manuer provided by the Lands Compensation Act 1928 ; and com­pensation shall be made to the owner or owners of such land and shall

534 LAND ACT 1928. [19 GEO. V.

Land Act 1015.

Detached strips of land may be sold at a valuation.

Land Act 1916 (Wo.2)«. 6.

Declaration to be made by appraiser. Land Act 1915 «. 178.

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 uo 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 nature arises, the Governor in Council may grant in fee-simple such portion of Crown lands not exceeding twenty acres to the owner of the adjacent freehold land, at a price determined by an appraiser appointed by the Board.

(3) In any Crown grant issued by the Governor in Council under this section there shall be inserted such covenauts conditions reser­vations exceptions and provisions as to the Governor in Council seem fit.

173. 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 1 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 Tart I. of the Land Act 1928."

Applicants for 174. All persons who before the commencement of this Act have commencement made application under any of the Acts hereby repealed for licences or pretudiced. selection purchase leases to occupy any Crown lands shall in respect ib.». 174. of the lands the subject of such applications, if such persons were

competent to hold such licences or leases under the said repealed Acts, be deemed to be persons making application for licences or selection purchase leases under this Act or for leases under Division four of this Part.

175. (1) No licensee under section forty-nine of The Land Act 1869 of any Crown land shall be debarred from purchasing such hind 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 1928.

(2) The 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 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.

Holder of forest 1 7 6 . (1) W h e r e the Board is satisfied t h a t any person has been under certain i n undisturbed possession of any portion of forest lands being Crown pu"rchaaeS t0 l a n ( l whether permanently reserved or not, not forming part of any water n. s. ire. reserve, for a period of not less than five years before the first day of

Licensees under section 49 of The Land Act 1809 may obtain grunt of auriferous holdings on certain condition. Ib. s. 175.

O

No. 3709.] LAND ACT 1928. 535

July Eighteen hundred and ninety-nine and has bona fide occupied i*n* -<<* iws. the same as his h'ome° 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

(Jj) 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 Land in reserved the Forests Act 1928 may be sold by the Board in pursuance of this £idSw?tho£tbe

section without the consent in writing of the Minister of Forests. ??n^ertof, o Minister of

Forests. 177. (1). Every traveller may while he is travelling depasture his Travelling

cattle and sheep unless the same are affected with any contagious or™ttle' infectious disease upon any unsold Crown lands within one quarter of a mile on either side of any road or track commonly used a,s 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 section not to apply to the counties enumerated in the Ninth Schedule or to any "rantiScertain

counties or districts added thereto as hereinafter provided, but such Ninth schedule, 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 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.

(a) Section 128 of The Land Act 1884 (No. 812) to depasture their cattle ifpon any unsold Crown provided that " notwithstanding anything herein lands " within a quarter of a mile of any surveyed oontained every traveller may, while he is travel- road." The above section embodies both of these ling, depasture his cattle and sheep, unless the sections. Held, that under these Acts sheep may same be infected with any contagious or infectious be taken across from one road to another, so long disease, upon any unsold Crown lands within a as they are always within a quarter of a mile of quarter of a mile on either side of any road or either road.—Sicketson v. Bourchier, 16 V.L.R., track commonly used as a thoroughfare, whether 408. such lands be or be not comprised in any common, See definition of " traveller " in section 3. provided that such cattlo and sheep shall be driven For a case in which a p3rson was held on the every day towards the place of their destination, facts to be a traveller, see Toe v. Day, 2 W.W. the distance as hereinafter provided." Section 4 of and a'B. (L), 21. The Pounds Act 1886 (No. 905) enabled travellers

536 LAND ACT 1928. [19 GEO. V.

Land Act 1915. (3) The Governor in Council may by proclamation published in Jdditionai0' t n e ^overnmsnt Gazette add any counties or districts in such proclama-districts. tion 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 mouth after the date of such proclamation thereof.

Provision as to (4) The Governor in Council may by order published in the resen ores s. Qovernmenf Qazette direct that sub-section (1) shall not apply to any

reserved forest or any part of a reserved forest as defined by the Forests Act 1928 and any such order may at any lime be revoked by the Governor in Council.

Notice to he 178. (1) Every person intending to drive cattle or sheep across the oMand of iilte" land of any other person who is possessed of not less than five hundred travei"in~'Vceattie sheep or through any common shall not less than twelve hours lior or sheep? rnore than twenty-four hours before entering upon such land or common R.i. 178. g j v e o r c i e i j v e r a{ £n e residence of the occupier of such laud 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

Land Act i92i every day a distance of not less than six miles in the direction of the e'10' place mentioned in the notice as the place to which it is intended to

drive such cattle or sheep respectively/™) Penalty. (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.

Survey oincers 179. (1) Any surveyor or officer acting under the authority of the privatehinds011 ^oard and any other person acting in aid or under the orders of such land Act 1915 surveyor or officer may from time to time without making compensation— *'179' (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 of the Board aud for the purpose of fixing any object to be used in the survey on any post stone or boundary mark whatsoever; and

(q) 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 aud cut down aud remove any scrub or timber which may obstruct any survey line.

(a) The words " land of any other person " in under a grazing licence, the notice required by this seotion mean land in which another person has this section must be given. an interest, and are not to be confined to land be- If such person is possessed of 500 sheep he is longing to or the property of some other person. entitled to notice, although he has no sheep on the

Held, accordingly, that before cattlo are driven land at the timo.—Graves v.Lovick, 29 V.L.R.,641. over Crown lands held by another person merely See Stock Diaeasos Act, section 74.

Ko. 3709.1 LAND ACT 1928. 537

(2) Such surveyor and his assistants and workmen shall do as Land Act 1015. little damage as may be in the execution of the several powers to them granted by this Part or by such orders.

180. Where any person is employed by the Board or is otherwise Privilege of engaged in any public service or when any holder of a miner's right is oJ.'d'u'tyandof actually engaged in searching upon Crown lands for gold or minerals Jj° e

e™, °/rhts within the meaning of the Mines Act 1928 if any such person or holder /i,.s.1So. 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.

181. (1) The Board shall have power to make rules and regulations Board to make aud to rescind any rules aud regulations— the'con'troiand

(a) for the care protection and management of any public park public pTrks and or reserve not conveyed to and vested in trustees ; and Tjfer™lf°'

(b) for the preservation of good order aud decency therein ; and (c) for the collection and receipt of tolls entrance fees or other

charges for entering in or upon such public park or reserve.

(2) All such rules and regulations shall be published in the Government Gazette, and shall be posted in some conspicuous place in every such public park or reserve.

(3) Every person offending against any such rule or regulation shall for each offence be liable to a penalty of not more than Five pounds.

(4) Every person who knowingly and wilfully offends against any such rule or regulation aud who after he has been warned by any bailiff of Crown lands or by any member of the police force does not desist from so offending 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, aud shall be liable to a penalty of not more than Ten pounds.

182. (1) In the case of any land which under the provisions of Trusteesof any Act relating to Crown lands the Governor in Council either before

may make or after the commencement of this Act has reserved from sale per- [he a'ptrTvarof11

manently for any public purpose whatsoever or for any of the purposes the Governor specified in section fourteen of this Act or the corresponding section of /(,„-182.' any repealed Act, and has vested in 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,

(£) 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 in or upon 'eaSveTveTted such land or any specified part or parts thereof. Pro- j ^ J ; ^ °f

nd vided that the foregoing provisions of this paragraph (c) public parks, shall not apply to any lands granted by the Crown to or

538 LAND ACT 1928. [19 GEO. V.

Land Act 1915.

Local publication.

Publication lii Gazette.

Penalty.

Enforcement.

Power of Governor in Council todls. allow regula­tions.

Vesting of land on appointment of new trustees.

Notice of making of Order in Council.

Retrospective operation of this station

vested for 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 1928 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.

(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). °

(8) Where before the commencement of this Act any Order in Council has been made or deed or document executed appointing any new trustee for any land as aforesaid and such trustee has not died or resigned or been removed and a conveyance assignment or transfer necessary to carry into effect sucli appointment has not been executed then if a copy of the Government Gazette in which such Order in Council was published or a certified copy of the Order as so published

No. 3709.] LAND ACT 1928. 539

or a duplicate or certified copy of such deed or document is produced to Land Act ms. the Registrar of Titles or Registrar-General (as the case requires) by the Secretary for Lands all the provisions of this section shall extend and apply to auch Order in Council deed or document and to the said land and the trustees thereof.

183 . (1) In the case of any land which under the provisions of Power to any Act relating to Crown lands the Governor in Council whether Mmmutees of before or after the commencement of this Act has reserved from sale o°rtSnTubHo°f

permanently for the purposes of a public park or garden or for the P"!"" and ^ ^ recreation convenience or amusement of the people and has vested in in trustees, trustees or jointly in the Board and trustees the Governor in Council "• *• isa 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 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.

(2) Every such committee or a majority of its members— powers of , . l - i n i j . committee of

(a) shall have exclusive authority to do all such acts matters management. 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 ; and

(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; and

(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: and

(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 officer or oracera &c. of servant of the trustees acting under the direction of the committee and 00mmittee-every bailiff of Crown lands or member of the 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 Effect of acts majority of its members under the powers conferred by this section of committee-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 His Majesty crown or be liable for any costs or expenses incurred or awarded in connexion i™b£?orncoBts with any prosecution under this section. or expenses.

540 LAND ACT 1928. [19 GEO. V.

hand Act 1915 1 8 4 . The Governor in Council or the Board may appoint any Power to number of persons not less t han three or any municipal council'") appoint or the governing body of any corporation to be a committee of iiieinlicrs of *> i.

municipal management of any specified Crown land reserved either temporarily or permanently for any of the purposes set out in section fourteen of this

councils &c lo act as a

ma>n""emlnt'o( ^ c ^ o r a u y corresponding previous enactment and not conveyed to or any crow» vested in trustees and may remove any or all of the persons so appointed reserves or revoke the appointment of any such council or body.

Powei of 1 8 5 . (1) Every such committee as mentioned in the last preceding iTTisT section when so appointed or a majority of its members shall have full

power either in the name of any one or more of i ts members or in the name of some person appointed in tha t behalf by the committee to take any legal proceedings for or in connexion with the breacli or non-observance of any rule or regulation made by the Board under the powers in t ha t behalf conferred on i t by this P a r t for tlte care protection and management of the land so reserved which such committee has been appointed to manage.

Crown not liable (2) In no case shall the Board or His Majesty be liable for any tor expenses. cosf,s o r expenses incurred or awarded in connexion with any prosecution

under this section. Rules heretofore 1 8 6 . All rules and regulations heretofore made (pursuant to powers to'cro'wTg'rants conferred by any Crown gran t ) by any trustees of any Crown lands validated. reserved from sale permanent ly for any of the purposes hereinbefore ib. ». 188. mentioned shall be and be deemed to be and to have been from the

t ime of the making thereof as valid and effectual as if such rules and regulations had been made under the authority of this P a r t , and t he 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 authori ty of this P a r t .

Trustees of 1 8 7 . The word " occupiers " in section six of the Fences Act 1928 deeemedSoocu- shall for the purposes of such section be deemed to include the piersforthepur- trustees or persons having the care control or management of any land pose of ajjreein^ . . r . ° - ° J

on line oi fence, whether permanently reserved or not. Ib, n. 187

unbranded wild 1 8 8 . All unbranded wild cattle above the age of twelve months Sc'rown!'6'0"8 which shall a t any t ime be depasturing on any Crown lands and ib.,. 188 which have no reputed or apparent owner shall be and shall be deemed

and taken to be the property of His Majesty; and i t shall 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 tha t purpose shall be a t liberty within such t ime and in such a manner as may be mentioned in such authori ty 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.

power to restore 1 8 9 . Notwiths tanding anything contained in the Croton Lands reserves."" er Reserves Act 1893 the Governor in Council may pursuant to the pvo-/(..«. 189 visions of section fourteen of this Act temporari ly or permanently

reserve from sale or from being in an)T maimer leased or from having a

(a) The words "munioipal counci l" in this section refer not to the municipal corporation b u t to the members of the oounoil of the corporation.—Taylor v. EUham, 1922 V.L.R., 1.

No. 3709.1 LAND ACT 1928. 541

licence granted in respect thereof any of the Crown lands described in Land Act wu. 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.

190. (1) Where any rent or licence-fee under a lease of a selec- interest on rent in arrear. lb. 1.100.

tion purchase allotment or a lease or licence of an agricultural or'"arrear-grazing allotment issued or granted after the first day of July Eighteen hundred and ninety-nine is in arrear for one year or any longer period, interest thereon shall unless otherwise expressly provided be paid by the lessee or licensee at the rate of Five pounds per centum per annum commencing from the time when such rent or licence-fee became due.

(2) This section shall apply to all licences issued under this Act Apphcation of or any repealed Act except annual licences and shall apply to all leases 8e0tl0n-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.

(3) This section shall apply to all leases or perpetual leases granted Time to which under this Act and where the rent or licence-fee is" payable quarterly chaVge we. interest shall be charged to the end of the quarter last preceding that in which payment of arrears is made, and where the rent or licence-fee is payable half-yearly interest shall be charged to the end of the half-year last preceding that in which payment of arrears is made, and where the rent or liceuce-fee is payable yearly interest shall be charged to the end of the year last preceding that in which payment of arrears is made.

(4) Nothing in this section shall prejndice or lessen any rights other remedies powers or remedies of His Majesty or the Board of Land and Works or nota,fe<;ted-the Minister under any such licence or lease or perpetual lease, or extend to or confer on a,ny licensee or lessee or perpetual lessee any rights whatsoever in addition to those contained in any such licence or lease or perpetual lease (as the case may be).

191. Where under the provisions of section forty-four forty-nine interest on or fifty of the Land, Act 1890 or the corresponding provisions of any oneases'under repealed Act any lease issued by the Governor in Council— former Aot8-

(a) contained a covenant for the payment of the annual rent ' ' ' ' ' reserved half-yearly in advance, and also

(b) contained a covenant or condition that the lease should be voidable in the event of any breach of or non-compliance with the covenants of the lease or a covenant or condition

• for re-entry on non-payment of rent, then in every such case where more than one year's arrears of rent are due to the Crown the lessee thereof for the time being shall unless otherwise expressly provided in any such lease pay to the Board interest on all arrears of rent due on any such lease at the rate of Five pounds per centum per annum.

192 . (1) The Governor in Council shall have power to make rules fioven.or and regulations for the purposes hereinbefore mentioned and for the n"Oy

0„VBke p u r p o s e Of— regulations.

(a) prescribing the mode of making applications under this ;*-«192-Part the indorsing of leases and licences the registering

542 L A N D ACT 1928. [19 G E O . V .

Land -4c«9i5. of orders to ohtain Grown g ran t s the notifying to t h e Eeg i s t r a r of Titles of incumbrances on Grown g r a n t s to he registered hy h im ;

(b) for providing for the mode in which any land and boundaries shall be surveyed and boundaries adjusted ;

(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 P a r t ;

(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 Ac t ;

(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 ; and

(k) 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.

TO be laid before (2) All such rules and regulations upon being published in the parliament. 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.

PABT II .—SPECIAL PEOVISIONS FOB MALLEH LANDS.

interpretation. 193. In this Part unless inconsistent with the context or subject-;*.«. JOT. matter— " Board." " B o a r d " means the Board of Land and W o r k s : "JjJUUff.. " M a l l e e c o u n t r y " means the lauds s i tuated within the Tenth soheduie. boundaries set forth in the Tenth and Eleven th Schedules : Eleventh " Owner " includes every person having an estate of freehold ""eh™"!6'' m possession and every person in occupation of laud held by

him under a title derived from such person : Perpetual "Perpetual lessee" includes any transferee assignee aud repre­

sentative of a perpetual lessee and any person to whom the interest of a perpetunl 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, aud in the term "occupier " in the Fences Act T928 :

lessee '

Ko. 3709.] LAND ACT 1928. 543

"Regulations " means regulations under this Part or under the Land Act im. provisions of Part I. incorporated in this Part :<o) "Regulations."

" Selection purchase allotment" means any quantity of land " Selection

not exceeding six hundred and forty acres of first class aiioImCTet." land or one thousand acres of second class land or one thousand two hundred and eighty acres of third class land<W or one thousand six hundred acres of fourth class land or four thousand acres of class four A land. f"?f Act 1921

" Vermin" includes dingoes or native dogs, dogs run wild, "Vermin.-dogs at large, foxes, rabbits, and any other animal or any Land Act mo bird which the Governor in Council may by proclamation '*2' in the Government Gazette declare to be vermin for the purposes of this Part.

DIVISION 1. CLASSIFICATION AND LEASES.

Subdivision 1.—Classification and Limits of Selection. 194. (1) For the purpose of classifying all snch land as the Power toaPPoin»

Minister directs in the Mallee couutry there shall be constituted Boards0""0" Boards of three members to be called Mallee Classification Boards. Land Act wis

(2) Such Boards shall be appointed by the Governor in Council '•194-and shall consist of' officers of the Department of Crown Lands and BOMSS.™ °' the

Survey or other competent persons. (3) The Governor in Council may at any time remove any member Removal,

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 Quorum, have all the powers and authority conferred upon Mallee Classification Boards by this A ct.

(5) The provisions of sections fourteen fifteen and sixteen of the Evidence.

Evidence Act 1928 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 Penalty, false statement to the Board shall be liable to the penalties of perjury.

195. (1) Land in the Mallee country shall be divided by the Classification

Mallee Classification "Boards into the following classes namely :— of Maiiee lands. (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 Land Act 1921

shillings per acre. °-17-(2) In this Part the unimproved value of any land means the unimproved

value of such land as if the same were not cleared or cultivated, and there were no fences buildings or other improvements thereon.

(a) See sections 4, 195 (3), and 193. (6) See Closer Settlement Act 1928, seotions 210 and 211.

544 LAND ACT 1928. [19 GEO. V.

Land Act 1920 «. 15. Application of piovisions as to land classifica­tion boards or Mallee classifica­tion boards.

Selection in Malice. Land Act 1915 ». 19(1.

Limit of selection.

La-vl Art 1921 ». 17

Limit of selection of fourth class and class (our A land in the Mallee country in the cisc of a discharged soldier. lb. «. 18.

Increase of total acreage in such case confined to fourth class and class four A land.

Proportionate Areas how ascertained. Land Act 1916 s. 196. Ltnd Ad 1921 t. 17.

(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.

196. (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) Except as provided in sub-section (3) 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 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 four thousand acres of class four A land.

(3) (a) Notwithstanding anything in this Part the total acreage which may be selected or taken up under this Part by any one applicant who is a discharged soldier within the meaning of Part I I . of the Closer Settlement Act 1928 (including any land previously selected or purchased by him pursuant to the provisions of this Act the Closer Settlement Act 1928 or any corresponding previous enactments) shall not exceed in the case of fourth class land three thousand two hundred acres or in the case of class four A laud four thousand acres.(W

(b) Nothing in this sub-section or in any other enactment shall entitle such applicant to select or take up a greater total acreage of first second or third class land than the total acreage of such land which he would be entitled to select or take up if this sub-section had not been passed.

197. (1) For the purpose of ascertaining the quantity of land of itny one class which is equivalent to any quantity of laud of any other class—

(a) six hundred and forty acres of first class land shall 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 four 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 laud or four thousand acres of class four A land ;

(a) See seotion 251 (2). I t was held u n d e r the former Aots t h a t the re was noth ing in the Acts to prohibi t the holding of an a l lo tment as pa r tne rsh ip p rope r ty .— In re Hope and SlaUery, 26 V.L.R. , 93.

B u t the provisions r e l a t ing t o leases of l and in the Mallee a re n o w different.

(6) As to first, socond, a n d t h i r d class land, see Closer Settlement Act 1928, seotion 211 .

JSTo. 3709.] LAND ACT 1928. 545

(c) one thousand two hundred and eighty acres of third class Land Act 1015. land shall count as equal to one thousand six hundred acres of fourth class land or four thousand acres of class four A land ; and

(d) one thousand six hundred acres of fourth class land shall count as equal to four 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).

198. Upon the issue of a selection purchase lease of a Application of selection purchase allotment or a perpetual lease of an allotment provisions of pursuant to any of the provisions of this Part such allotment and the ^eotion'in the lessee thereof shall so far as is consistent with this Part be subject to Maiiee country, the same conditions as selection purchase allotments and selection/6-'-197-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 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.^

199. Any unalienated land of the Crown being part of the Maiiee lands Mallee country notified by the Governor in Council in the Government Z\e<*£,l!°r

Gazette as available for being selected shall be available for being /6.«.i98. selected under selection purchase lease pursuant to the provisions of this Part.

200. (1) Every selection purchase lease of any land in the Mallee Additional country shall in addition to any other covenants and conditions conditions to be contain conditions and covenants to the following effect:— sefectfoV"

(a) A covenant that the lessee shall within two years after the £"£[£,"1 iS.8. date of the lease clear and cultivate to the satisfaction of n.t.iw. the Board at least one-fourth of his allotment; Portion of

allotment to be (0) A covenant that the lessee shall during the term 01 the lease cleared and

and to the satisfaction of the Board and as and where the protection or Board may direct, protect, or cause to be protected from P^notm'ent"63

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

(a) See sections 4 and 68 (4). of selection purchase leases, see Trustee Act 1928, (6) As to investment by trustees in mortgages seotion 4.

VOL. m.—35

546 LAND ACT 1928. [19 GEO. V.

Land Act 1915.

Condition In Malleo leases as to water Btorage. Land Act 1920 0.16.

Application of provisions where allotment is resumed and afterwards leased. Land Act 1916 8. 200.

Conditions in perpetual lease. lb. e. 202.

Residence on

f terpetual easehold and

alternative conditions.

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 Hivers 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.

(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.

2 0 1 . (1) Where any portion of a selection purchase allotment possession of which has been resumed by or on behalf of His Majesty is afterwards comprised in a selection purchase allotment there shall to the extent provided in section two hundred and nine of this Act be paid by the selection purchase lessee of such portion the amount of any sum whatever paid or payable to the outgoing lessee of such allot­ment by His 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. 202 . Every perpetual lease of any land in the Mallee country

shall be dated the first day of January or July in any year and shall in addition to any other covenants and conditions^0' contain the following conditions :—

(a) 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 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

(a) See section 55.

No. 3709.] LAND ACT 1928. 547

within the first four years of such term and at least one- Land Act wis. 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 Lan& Actmx whether the land is first second or third class or to the *•17-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:

(b) A condition that the perpetual lessee his executors adminis- Certain trees

trators or assigns will not cut damage remove or cause to damaged or" be cut damaged or removed any live pine box or redgum removed-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 adminis- Timber belts to

trators or assigns will protect or cause to be protected )f0p1rjSS!ted

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 adminis- Tree-planting

trators 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 :

(p-~) A condition that if there is an existing registered mortgage Notice to over such lease the lease shall not be annulled for the oreSofe of

breach of any covenant or condition thereof unless such condltions-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.

203. (1) The rent payable by the perpetual lessee shall be up to llent under

the first day of December Nineteen hundred and thirty-three, such J^ 6 ^ l e a s &

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 How value of

payable in each case estimate the value of the land comprised in the determined, 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.

204. (1) Any perpetual lessee of any land in the Mallee country Power of may in writing apply at any time for permission to surrender his ™"*\u' lease to His Majesty.

548 LAND ACT 1928. [19 GEO. V.

Land Act 1915. Issue of selection purchase lease

Land Act 1921 ». 17.

Lease may be antedated.

Lessee of surrendered perpetual lease of Mallee land holding for six years entitled under certain conditions to agricultural lease or selection purchase lease.

(2) If the Board is satisfied that the applicant holds the allotment bond fide for his sole use and benefit and that such surrender is approved of in writing by any mortgngee 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 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 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 clay 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 surrender as aforesaid, and if any such applicant who is the lessee of a perpetual lease which has been held by him for a period of at least six years proves to the satisfaction of the Board—

(a) that he has occupied his allotment under perpetual lease or formerly under Mallee lease or both under Mallee lease and perpetual lease for a 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 lie had held under such a lease: and (b) 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 under 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 Par t on payment of such fee as is prescribed by the regulations issue to snch applicant—

(a) an agricultural lease ; or (b) 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 be 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 ftir as the first six years of such a lease are concerned.

No. 3709.1 LAND ACT 192S. 549

(4) The applicant shall on the issue of the selection purchase lease Land Act 1915. to him be entitled to have all substantial and permanent improvements 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 selection purchase lease.

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

(6) Where a selection purchase lease is issued pursuant to this uen tor section the lessee may at any time during the first six years of the mort8rase-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 Transfer of or part thereof has given an existing registered mortgage in respect p rp'etS to°m

thereof the mortgage without further or other authority than this Act purchase lease. 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 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 and Postponement has been granted a selection purchase lease the amount of any rentV6*™ ° 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 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 lessee" Transferee of sliall be deemed and taken to include any person holding an allotment empowered to under an agreement in writing with the perpetual lessee thereof8Urrcnder-made bond fide and for valuable consideration for the transfer to such (j?0.2)«.7. person of the perpetual lease of the allotment.

DIVISION 2.—GENEKAL.

205 . (1) This section sliall apply with respect to all lands in the conditions to be Mallee Country referred to in paragraph (a) of the Twelfth Schedule, various

(2) In addition to any other conditions required under this Actlnstrumenta-, , v \ , . , . , , J ^ Land Act 1915

there shall be inserted— « 205. (a) in every licence or selection purchase lease of any such lands aSfjJSSj,.

a condition to the effect that the licensee or lessee shall

550 LAND ACT 1928. [19 GEO. V.

Land Act 1916. clear and cult ivate to the satisfaction of the Board a t cultivation. least one-fourth of his a l lotment wi th in two years after

obta in ing a permi t licence or lease (as the case may be) to occupy the land ;

Besidence (b) in every licence and in every lease issued in pursuance of any »nd g i S g . licence and in every selection purchase lease a condition Land Act 1921 to the effect that the land referred to therein shall at *"t9' all times during the currency thereof be maintained and

used for the purpose of residence or for the purpose of agriculture and grazing ; and

conditions in (c) in every lease and every Crown grant of any such lands orowng'iant. issued in pursmince of the conditions of any licence and

in every selection purchase lease and every Crown grant issued in pursuance thereof conditions to the effect—

Protection and (i-) that the lessee or the grantee or the owner of the planting of j a n ( j for ^ g t j m e Demg (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

(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 Crown (3) W h e n any such licence or lease or Crown g r a n t of any such contain0 l a n ( i is issued such land shal l be described in such licence lease or In'r^ction*0 g r a n t a s 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.

No. 3709.] LAND ACT 1928. 551

(4) In the case of lands referred to in sub-section (1) the following Land Act 1921 provisions shall have effect:— condition of

(a) No Crown grant hereafter issued in respect of an allotment ^ [ ^ &e of any such lands held under licence or demised under got t° be in Part JI. of the Land Act 1915 or any corresponding of Manffiand. 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 lauds held under licence or demised under Part I I . of the Land Act 1915 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 gran t ;

(c) Where a licence Lease or selection purchase lease of an allotment of any such lands held on licence or demised under Part I I . of the Land Act 1915 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 Crown power of grant lease or selection purchase lease containing such a T S ^ " 1 1 ot

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.

2 0 6 . (1) Every lease of a selection purchase allotment and every condition M to lease issued pursuant to any licence and every perpetual lease of an "j^trf1 8 iB allotment in the Mallee country shall contain a condition in the form «. 207. or to the effect of the Third Schedule to this Act. TbM schedule.

(2) There shall be inserted in every lease of lands in the Mallee Covenants in

country a covenant that the land demised is granted and held 0ou8ntr>yMa"ee

subject to a condition that any person holding a miner's 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 1928 as the case may be and to mine thereon and to erect and occupy 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.

2 0 7 . (1) Nothing in the last preceding section shall be deemed saving, 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 this Act had not passed.

(2) Where before the commencement of this Act 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 ot the Land Act 1915 or any corresponding previous enactment, or any

552 LAND ACT 1928. [19 GEO. V.

Land Act 1915. of such conditions such lease shall not by reason only of such omission be void or voidable.

Su rrender of selection purchase leases in Mullce. lb. t. 208.

Acceptance of surrender and issue of perpetual lease.

Occupation and improvements under surrendered lease.

Provision for pa3 ment of

When demised land is resumed or term expires sums paid to lessee for improvements &c. chargeable to incoming lessee.

Jb.e. £09.

Determination of amount of Improvements &c.

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

208. (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 bond fide for his sole use and benefit, and also that there is no out­standing registered mortgage or lieu 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 aucl 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 witli 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.

209. (1) Where any portion of a Mallee block or Mallee allotment possession of which has been resumed by or on behalf of His 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 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 His 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 immediately before the issue of a lease of such portion and 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 or perpetual lessee within one month after such determination then the same shall be payable in half-yearly instalments of such sums extend­ing over the whole or any part of the term of the lease not exceeding six years 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.

No. 9709.1 LAND ACT 1928. 553

(4) Any default in the payment of any half-yearly instalment with Land Act 1915. interest on such amount shall have the like consequences as a defaultDefault-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, and in case the same is levied by distress an order under the seal of the Boaid shall be a sufficient warrant and authority to distrain.

2 1 0 . (1) W h e r e When demised - i - i ' T i - i ' i l a n ( l *8 forfe l t ed (a) the perpetual lease of any land is declared void ; or improvements v ' v * J ' ehaigeableto

(6) the lessee of a selection purchase allotment fails to comply incoming lessee with or commits a breach of any of the covenants Or distributed by

conditions of his lease and the lease is in consequence "°ard'o„, o,n T •• •• . i * t t . m . 2 0 1 , 2 1 0 .

declared void, and the land included in such perpetual lease or selection purchase allotment or any portion 1 hereof 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.

(3) Such amount shall be payable in half-yearly instalments of Mode of such sums extending over the whole or any part of the first six years h provem'ents of the term of the lease as the Board may fix and shall bear interest at ?y'"^"Jjj?8

the rate of Three pounds per centum per annum to be computed with Tftee per cent, respect to each instalment for the period which has elapsed between the 1"teresU

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 ; and in case the same is levied by distress an order under the seal of the Board shall be a sufficient warrant and authority to distrain.

(5) The whole or any part of any amount determined by the Amount payable Board and paid by any lessee in pursuance of this section may if the enuS thereto. Board thinks fit be paid to such person as appears to the Board to be entitled thereto.

2 1 1 . (1) No person shall hold as beneficial owner either in his umitof landto own name or in the name or names of any other person or persons any beneficial8

greater area of land in the Mallee country than is specified in the owner. Twelfth Schedule.*) _ ^ ' ^ ' 1 9 2 1

(2) For the purpose of ascertaining the area of land in the ».20. Mallee country that may be acquired or held by any person as Land Act isza beneficial owner all lands in the Mallee country alienated or in process Twelfth of alienation from the Crown— Schedule.

(a) prior to the date of the commencement of the Land Act under former 1898 shall be deemed to belong to the first class ; or Acts'

(a) See section 234.

554 LAND ACT 1928. [19 GEO. V.

Land Act 1915.

Maximum acreage of Malice land j whenever alienated which may be held by ono owner. Land Act 1921 «. 20. Twelfth Schedule.

Transfers &c. not void unless legal proceedings to enforce forfeiture are pending. Land Act 1915 8.211.

(b) under the provisions of the Land AH 1898 shall be deemed to belong to the classes under which they where selected.

(3) Nothing in this section or in any other enactment shall entitle any beneficial owner to hold more than—

(a) one thousand nine hundred and twenty acres in all of lands in the first class in the Mallee country and included in the Twelfth Schedule (whether the same or any of them were alienated or in process of alienation from the Crown at any time and whether before or after the commence­ment of this Act) ; or

ib) three thousand acres in all of such lands in the second class ; or

(c) three thousand eight hundred and forty acres in all of such lands in the third class ; or

((/) four thousand eight hundred acres in all of such lands in the fourth class ; or

(e) eight thousand acres in all of such lands in class four A. (4) 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 lands 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 caveat has been lodged on behalf of His Majesty under the Transfer of Land Act 1928 or any corresponding previous enactment claiming to take advantage of such forfeiture.

Lands held (5) If a n v person except as hereinafter mentioned holds lands or section'ml0 he a n y es^Q o r interest in lands contrary to the provisions of this section forfeited to His such lands or so much thereof as may be held contrary to the pro-Majesty, visions of this section or the estate or interest of which such person is

beneficial owner therein shall be liable to be forfeited to His 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 lands included in theTwelfth Scheduleto the extent of themaximum area which may be held in accordance with the provisions of the said Schedule becomes the beneficial owner of other such 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 beneficial owner of lands included in the Twelth Schedule to an extent less than the maximum area which may be held in accordance with the provisions of the said Schedule, afterwards becomes the owner of such lands to an extent exceeding such maximum area, none of the lands of which such person was the owner before he became the beneficial owner of such last-mentioned lands shall be liable to be so forfeited;

Twelfth Schedule.

Twelfth Schedule.

Ho. 3709.'| LAND ACT 1928. 555

(c) If any person at one and the same time becomes the LandAaisis. beneficial owner of lands included in the Twelfth I*8"1* Schedule, to an. extent exceeding the maximum area which may be held in accordance with the provisions of the said Schedule or of such lands to an extent which together with other such lands of which he is then the beneficial owner exceeds such maximum area a portion of the lands so acquired equal in area to the excess of the whole of such land of which such person is the beneficial owner over such maximum area 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.

(6) If any person by or under any will or as one of the next of kin Lands accruing of any deceased person or by reason of any estate or interest in USt formtaWe expectancy falling into possession or by survivorship or by the fore- for flTe years-closure of any mortgage becomes the beneficial owner of any lands in the Mallee country and by reason thereof he becomes such beneficial owner of lands in the Mallee country 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 snch first-mentioned person or the foreclosure of such mortgage as the case may be.

(7) If any mortgagee of any lands in the Mallee country Mortgagees in takes possession of such lands he shall after the expiration ofpossess on' five years from taking such possession be deemed to hold such lands as beneficial owner within the meaning of this section.

(8) If any person who is the beneficial owner of lands or of any infants and estate or interest in lands in the Mallee country to an extentlunatJos-beyond the extent of which any person is permitted to be the beneficial owner 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 an 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 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 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.

556 LAND ACT 1928. [19 GEO. V.

inapplicable, lb. e. 211

Land Act 1915 (9) If lands or any estate or interest in lands become or becomes Forfeitures liable to be forfeited under the provisions of this section such lands enforceable estate or interest may be forfeited while held by the person by OTestfteland8 «whom the forfeiture was incurred or by any person claiming under osainstfcmJ'/we m m n0*' being a bond, fide purchaser for value, but such lands estate purchasers. or interest shall not be liable to be forfeited after they have passed

into the hands of any bond fide purchaser for value claiming under any such person.

crown erranti (10) When any licence lease selection purchase lease or Crown *n'rtt°ad

sTn"be grant is issued of lands in the Malice country sach lands shall be othenviseUthisy described in such grant lease or licence as being in the Mallee country section to bo 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 lauds 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.

(11) (a) When any licence lease selection purchase lease or Crown grant is issued in respect of any lands included in the Twelfth Schedule, such lands shall be stated to be subject to this section and to be lands included in para­graph (a) or (b) or partly in paragraph (a) and partly in paragraph (b) of such Schedule (as the case may be), and in the last case which part of such lands is included in paragraph (a) and which part in paragraph (/>).

(b) When any certificate of title is issued in respect of any lands which in any Crown grant are stated to be subject to this section and to be included in paragraph (a) or (b) or partly in paragraph (a) and partly in para­graph (b) of such Schedule such certificate of title shall contain a similar statement.

(c) When any Crown grant of lands described as being in the Mallee country does not contain a statement that snch lands are subject to the provisions of section two hundred and five of the Land Act 1915 or any corre­sponding previous enactment or of section twenty of the Land Act 1921 or'a statement that the lands are included in paragraph (a) of the said Schedule such lands shall be deemed not to be included in paragraph (a) of the said Schedule.

(12) Any failure before the twenty-first day of December Nineteen hundred and twenty-one to comply with any condition in any licence lease selection purchase lease or Crown grant of any lands referred to in paragraph (a) of the Twelfth Schedule to the effect set forth in the portion of paragraph (a) of sub-section (3) of section two hundred and fixe of the Land Act 1915 relating to the acreage of lands which was in force immediately before the twenty-first day of December Nineteen hundred and twenty-one shall not be

down grants &c. to state In which paragraph of Schedule land Is Included. Land Act 1915 M. 205, 211 and Land Act 1921 $. 20. Twelfth Schedule.

Land J a 1021 11.20.

Twelfth Schedule.

No. 3709.] LAND ACT 1928. 557

deemed to be a breach or non-falfilment of the condition of the licence Land Act imi. lease selection purchase lease or Crown grant if it would not have been a failure to comply 'with the provisions of this section if they had been in force at the date of the licence lease selection purchase lease or Crown grant.

(13) Upon production to the Registrar of Titles of any Crown Power of •grant lease or selection purchase lease of an allotment of any of the Titles!"""' lands included in paragraph (a) of the Twelfth Schedule— Twelfth

° . . „ . Schedule. (a) which contains a condition to the effect set forth in the

portion of paragraph (a) of sub-section (3) of section two hundred and five of the Land Act 1915 relating to the acreage of lands which was in force immediately before the twenty-first day of December Nineteen hundred and twenty-one ; or

(b) which provides for the insertion in the Crown grant of such allotment of such a condition,

he shall cause to be indorsed on such Crown grant lease or selection purchase lease a memorandum setting forth the effect of this section.

(14) Every person holding any lands or any estate or interest in Penalty, lands contrary to the provisions of this section, in addition to the land-Act ms 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 holds the same.

(15) For the purposes of this section a person shall be deemed to "Beneficial hold lands as beneficial owner if he holds such lands otherwise than as owner-a trustee executor or administrator or as a trustee assignee or receiver of the estate of an insolvent or 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 transferor of such lauds or any such estate or interest therein by settlement grant assignment transfer or conveyance not made bond 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 perpetual lessee of lands under this Part or under the corresponding provisions of any repealed Act shall be deemed to be the beneficial owner thereof.

(16) Nothing in this section shall prevent any person from con-section tinuing to hold any lands or any estate or interest in lands of which he i£a

cPert!ainble

was the holder on the twentieth day of February Eighteen hundred how*"-and ninety-six or (except in the case of lands included iu paragraph ^ j ^ J ' 1 9 9 1

(a) of the Twelfth Schedule) from holding any lands or any estate or «-2o. interest in lands under a lease from the Crown. schedule

(17) This section shall apply to lands in the Mallee country although at the time they were declared by the Governor in Council to be available for occupation or selection or were occupied or selected or although at the time that any licence lease selection purchase lease or Crown grant was issued in respect thereof such lands were comprised in the Mallee Border.

558 LAND ACT 192S. [19 GEO. V.

Land Act 1021 «. 21. Statutory declaration before transfer of Malice land. Land Act 1923 s. 7.

2 1 2 . (1) 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 land in the Mallee couutry as defined in section one hundred and ninety-three disposed of at any time (whether before or after the commencement of this Act) under Part I I . of this Act 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—

(a) (with such details and other particulars as are prescribed) the land in the Mallee country which was at the time of the acquisition of the first-mentioned land by him and which is and will upon registration of the transfer be held by him as beneficial owner (either in his own name or in the name or names of any other person or persons) ; and

(6) that he did not at the time of the acquisition of the said land and does not and will not upon registration of the transfer hold any land in the Mallee country (other than that specified in such declaration) as beneficial owner as aforesaid; and

(c) that be 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.

Power to permit temporary holding of excess area of Mallee land acquired for subdl visional purposes.

Land Act 1921 s. 22.

2 1 3 . (1) If the Minister is satisfied that any company or person desires—

(a) to acquire as beneficial owner any land in the Mallee country for the purposes of tbe subdivision and sale thereof in allotments (not exceeding such maximum acmige as the Minister approves) the area of which land is in excess of the number of acres authorized to be acquired or held under section two hundred and eleven ; and

(b) to hold the said land temporarily for the said purposes— the Minister may in writing permit the said company or person to acquire such excess area and to hold the same temporarily for the said purposes for a period to be specified in the permit ; and notwithstand­ing anything in this Act the said company or person may accordingly acquire such land and hold the same as beneficial owner for the said purposes and for the said period but no longer.

(2) In this and the last preceding section the expression "beneficial owner " has the same meaning as in section two hundred and eleven.

2 1 4 . (1) Every lessee of a selection purchase allotment or licensee or lessee of an agricultural allotment granted after the first day of July

" Beneficial owner." Land Act 1923 «. 7.

Penalty for cutting oertain live trees _ _

"miSss'ion from Eighteen 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.

Minister. Land Act 1915 t. 212.

No. 8700.1 LAND ACT 1928. 559

(2) No person shall be deemed to be guilty of such an offence if Land Act IMS. he proves that any tree so cut damaged or removed was required and ^°e

penaI ty if

actually used for the purpose of fencing such land or constructing required only , , J , • i , . . r , ° ° for fencing or

thereon any building or improvements. building. (3) In every lease of land in the Mallee country there shall be Tree-pianttng.

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.

DIVISION 3 . PREVENTION OF F I R E S .

215 . (1) In the Mallee couutry section twenty of the Police Application of Offences Act 1928 shall not have any force or effect, but this Division Seet°ions

K

shall apply to and shall have full force and effect in the Mallee «>.«. 213. country.

(2) Every person who lights a fire for the burning of stubble No stubble

straw hay grass or herbage at any time during the months of certain motifs November December January and February unless between the hours "wiivt nooTSld of twelve noon and six in the afternoon shall be guilty of an offence sixpm. against this Division. Ib- '•214,

(3) Every person who lights a fire for the burning of scrub or Scrub or timber timber at any. time during the months of November December and b rned'in* January shall be guilty of an offence against this Division. certain months.

(4) (a) During the months of February March and April the scrub may be lessee licensee or occupier of any land may pursuant to certain under

this section at any time of the day between sunrise and conditiona-sunset clear the said land by burning the scrub or timber 76-*-215-thereon.

{b) No fire for the burning of scrub or timber during the said Precaution of months shall be lighted unless a space "of at least onecleanng ' chain in width is ploughed or cleared of stubble straw hay grass herbage scrub and timber around the whole of the land or place where the burning takes place.

(c) Every person who lights any such fire or burns or suffers to Number of men

be burned any scrub or timber except in the day-time oontroiTre"'to

between sunrise and sunset or without having at least four men present to prevent the spread of such fire and to watch and control the same until such fire is thoroughly extinguished or contrary to the provisions of paragraph (&) shall be guilty of an offence against this Division.

216 . Every person who burns or lights any fire with intent topenaityfor burn or suffers to be burned any stubble straw hay grass herbage scrub prfrauHons. or timber upon his land without having given at least one day's notices. *.2ie. of his intention to burn the same to the owner or occupier of any land or buildings immediately adjoining the field or place where such burning takes place and who resides thereon or within five miles thereof or without providing and having on the spot at least four men to assist in keeping under control and preventing the spread of any such fire nntil such fire is thoroughly extinguished or without having ploughed or cleared at least ten feet around the field or place where

560 LAND ACT 1928. [19 GEO. V.

land Act 1915. such burning takes place on the inside of the fence or boundary thereof, or during the prohibited times shall be guilty of an offence against this Division.

Fires not. to be • 217 . Every person who lights a fire for the burning of or who Sunday0" burns or suffers to be burned any stubble straw hay grass herbage scrub n s 217. or timber on any land on Sunday shall be guilty of an offence against

this Division.

ignitibie 218 . Every person who between the first day of September and prohibited thirtieth day of April inclusive uses for the wadding of any gun rifle /6.8.218. pistol or firearm carried by him any paper cotton linen or other

ignitibie substance shall be guilty of an offence against this Division.

Person 2 1 0 . (1) If any person wi thin such period as las t aforesaid uses bndyofan the°rn o r carries any gun rifle pistol or firearm upon or over land the property p°rs°m

n£ble t 0 O I > o r occupied by any other person i t 'Shall be lawful for the owner or «.8.2j9. occupier of such land or his servant to examine such gun rifle pistol or

firearm for the purpose of ascertaining the na ture of the wadding used therein.

(2) Every person who refuses to allow such examination or who upon the occasion thereof refuses to disclose his name aud address to such owner or occupier or servant or who gives a false name or address shall be guil ty of an offence against this Division.

Travellers 2 2 0 . (1) Every person who l ights or uses any fire in the open air oiearT space.'0 for the purpose of cooking bivouacking or for any purpose whatever n. «.a2o. without a space of ground around the same of the radius o f t e n feet

at least having been previously cleared of all stubble straw hay grass bushes and leaves and branches of trees, or who having l ighted or used any such fire neglects fully and completely to extinguish the same before leaving the place shall be guil ty of an offence against this Division.

Persons (2) Every person who camps or ha l t s on any land wi th any names'on'0 have vehicle and l ights or uses a fire on such land and who does not have vehicles. t he owner's name and address painted in a legible and permanent

manner on the r i gh t or off side of such vehicle in le t ters of a t least one inch in length shall be guil ty of an offence against this Division.

Smoking &o in 221 . Every person who at any time during the months of nhear0£ta"ksir&c. November December January February March and April smokes in ib.s. 22i. the open air within twenty yards of any stable or of any rick stack or

field of hay corn straw stubble or inflammable vegetable production except with a pipe properly covered or who throws down or drops any lighted match or inflammable substance shall be guilty of an offence against this Division.

carrying ignited 222 . Every person who carries when ignited any inflammable materials. material and thereby injures destroys or endangers any hay corn straw

stubble or other inflammable vegetable product shall be guilty of an offence against this Division.

n. o. 222.

Plaoing 223 . Every person who unlawfully and maliciously for the inflammable purpose of causing any fire puts or places any matches or inflammable material for the L * , . . . . i , , j , • • i •, • , ^ i

purposeot or combustible substance matter or thing in such a position that the ^™'n2

K2"

re *c' same may be ignited by the sun's rays being focnssed through glass or substance or by friction or any means whereby such matches or

No. 3709.] LAND ACT 1928. 561

inflammable or combustible substance matter or thing may be ignited Land Act wis. exploded or set on fire or whereby such fire may be lighted with intent to injure or damage any person or property shall whether such fire is caused or not be guilty of felony and being convicted thereof shall be liable to imprisonment with or without hard labour for a term of not more than fourteen years.

224. Every person who at any time during the months of Trees not to be November December January February March and April employs ^ a s t e i . gunpowder or any explosive compound for the purpose of blasting any tree wood or timber without having at least four men present to prevent any fire arising therefrom shall be guilty of an offence against this Division.

225. (1) Every person who is convicted of an offence against this Penalty for

Division for which no penalty is expressly provided shall be liable to a "J!*™™ penalty of not less than Two nor more than Twenty pounds.

(2) Nothing in this Division contained shall take away or affect any Act not to affect

right of action or remedy which any person may have in respect of any remedies' loss or damage occasioned by any fire or for any trespass committed.

226. The Minister shall from time to time cause to be posted and Notices of to be kept posted in conspicuous places throughout the Mallee country JSSe'r tWBnto

notices containing all the requirements comprised in this Division. k8V? i 0Ort«db e

lb. s. 226. DIVISION 4.—MISCELLANEOUS.

227. (1) Any municipal council whose district is situate wholly Municipal

or partly within the Mallee country may with the sanction of the ereoTvlrmfn-Governor in Council erect vermin-proof fences with gates therein across P™£' l*™s

e*n any road or track. roads.

(2) Every person who wilfully destroys or damages any such gate Pe'n8a',ty

7' or breaks or injures any such vermin-proof fence or portion thereof shall be liable to imprisonment with or without hard labour 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 with or without hard labour for a term of not more than seven days or to a penalty of not more than Five pounds.

228. (1) Where by reason of the construction of any road by the where Government or local council any person being the owner lessee or road'd pri es0' licensee of land in the Mallee country is deprived of the use and benefit °™"st^

of use

of any fence already erected by him or to the cost of which he has fence, contributed under the provisions of the Fences Act 1928 or any «• »• 228. 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 deter- Reooveryof mined by the Minister in writing such amount shall be recoverable in amount flxed-any court of competent jurisdiction.

VOL. HI.—36

562 LAND ACT 1928. [19 GEO. V.

hand Act 1015 s. £29. Unused roads in Mallee may be dealt with as unoccupied Orown land.

229. Where any land comprised in any lease has pursuant to the conditions thereof been resumed by His Majesty for the purposes of roads and the council of the municipal district in which any part of such road is situate passes a resolution to the effect that such land so resumed or any part 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 part 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 Parliament, and thereupon such land or part shall be deemed to be unoccupied Orown land forming part of the Mallee country.

Maiiee land 230 . All moneys from time to time arising from the licensing MpSe ° °™ leasing perpetual leasing or selling of laud (other than lands sold by

auction) in the Mallee country shall be paid into the Public Account and shall be placed to the credit of a separate account to be kept in the Treasury to be called the "Mallee Land Account."

2 3 1 . Subject to the provisions of the Commonwealth and States Financial Agreement Act ilJ27<a) all such sums as shall from time to time be standing to the credit of the Mallee Land 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 twelve of the Victorian Government Consolidated Inscribed Stock Act 181)8 the whole or any part of the annual sum fixed by the Governor in Council to be paid into a Redemption Fund towards the redemption of consolidated stock during any year may be paid out of the Mallee Land Account.

Orown grants of 2 3 2 . The Board or the Victorian Rai lways Commissioners or any ISwayr1 '0 ' body or persons whosoever specially authorized in t h a t behalf to LandActms t ake lands in the Mallee country for t h e construct ion of any l ine of *-231- rai lway authorized to be constructed shall be enti t led upon app l i ­

cation to the Governor in Council to the issue of a Crown g r a n t to i t or them of the fee-simple absolute of any lands so taken.

Timber on 2 3 3 . (1) W h e r e in the Mallee country any Crown land is set out SrtWfOTIaroSror f ° r the pnrpose of roads or wind-breaks or serves either or both of

account lb. s. 230.

Application. lb. ».280.

Payment into Redemption Fund. Mallee Land Account Act 1902 a. 2.

Sht'ni^Srt"0' s u c n purposes then unless otherwise specially ordered by the Governor in Council such land shall not be cleared and the indigenous trees growing thereon shall not be cut damaged or removed for any purpose other than for traffic on any such road 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 with or without hard labour 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 with or without hard labour for a term of not more than six months.

to be cleared without authority, lb. t. 2S2.

Penalty.

(a) See section 10 of that Act.

No. 3709.] LAND ACT 1928. 563

(3) The duty of clearing vermin on such wind-breaks shall not "»< ** wis. rest on the owners of the adjoining lands.

2 3 4 . (1) Where it is desirable in the opinion of the Minister that Power to ecu -any Crown land in the Mallee country or any portion thereof set out »lnd-breaka or serving for the purpose of a wind-break and abutting on any road i&i!iB

,1?

lnin8

should be sold or leased as hereinafter provided the Governor in Council— Land Act 192s (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

(6) 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 laud, 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 laud 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.

(2) On the date of such Order or on a later date specified therein Land to become the Crown land described in the Order shall cease to be or to form c^^SSas. 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) Land purchased or held on lease pursuant to this section shall Noa-am>iicatioD not for the purposes of section two hundred and eleven of this Act be as to limit on deemed to be land held by the purchaser or lessee thereof as beneficial eneflcial **' owner. owner-

(4) All moneys arising from the sale or leasing of Crown land Application of pursuant to this section shall be placed to the credit of the Mallee Land P10066-1"-Account.

2 3 5 . (1) The Governor in Council may in the manner prescribed Regulations, in and subject to the provisions of section one hundred and ninety-two Land Act 1015 make any rules regulations and orders for the undermentioned purposes "' 2S4'2 B' (that is to say):—

(a) prescribing the fee payable on and the conditions and mode of applying for licences and leases under this Pa r t ;

564 • LAND ACT 1928. [19 GEO. V.

Land Act i n s . (6) 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 P a r t ;

(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 ;

(i) 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.

PABT III.—MUBBAY RlVEB SETTLEMENTS. Interpretation. 2 3 6 . In this Part unless inconsistent with the context or subject-ib. 0.286. matter— LandAct 1021 « Allotment" means a homestead allotment under this P a r t :

"Commission" means the State Rivers and Water Supply Commission:

"Cult ivate" "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 1928 except those mentioned in paragraphs (d) (e) {/) (h) (i) and (j) thereof:

"Holding" means a holding under this Pa r t : " Lease " means a conditional purchase lease issued under this

P a r t : " 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 Pa r t :

" 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:

No. 3709.] LAND ACT 1928. 565

"Vermin" includes dingoes or native dogs, dogs run wild, Land Act 1920 dogs at large, rabbits, and any other animal or any bird'"2 ' 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.

237. This Division .shall be read and construed as one with construction of P a r t IT ' this Part.

Land Act 1916 «. 237.

238. The Governor in Council may by Order published in the Sd8ce

aremt

Government Gazette declare that any unoccupied Crown lands situate »v»ilal)1<i-within the Mallee country as denned in section one hundred a n d j ^ j ^ ninety-three of this Act are available for being taken up as holdings on «• t&-conditional purchase lease under this Part and may amend or revoke any such Order by Order published=as aforesaid.

239. The lands available for being taken up as holdings under Subdivision of

this Part shall be subdivided under the direction of the Minister into'f"^'. ,,01K - i i - i i i T • • n t i n Land Act 1915

suitable areas to be called holdings consisting of homestead allotments »• 239. which shall be situate near the Murray River and unless the Governor ^tjAetwsx

in Council otherwise orders shall each contain an area not exceeding Homestead fifty a c r e s . allotments.

240. The classification and valuation of holdings shall be deter- classification mined in accordance with the provisions of this Part, but the value of ^an^ " 1916 the land to be included in each homestead allotment shall be fixed by «-2«>. the Governor in Council at a rate sufficient to cover the unimproved J h

Uom°eVtead 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.

241. Every applicant for any holding shall lodge with his Deposit with

application an amount equal to one instalment of the purchase money aPPhoa'lon-of the holding of the highest value of those applied for and the registration and lease fees thereof.

242. No lease of a holding under this Part shall be granted to Disqualification

any person who is already the licensee or lessee from the Crown of {eas£kmg up

any land or the owner of any land if the combined areas of such ib.«. 242. holding and such land would exceed the maximum area for a holding under this Pa r t :

Provided that nothing in this section shall disentitle the selection Land Act 1921 purchase lessee or owner of not more than one selection purchase allot- S'2B' ment 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.

566 LAND ACT 1928. [19 GEO. V.

Land Act 1915 «.243. Not more than one holding to be held by any one lessee.

Penalty for holding contrary to this section.

Forfeitures enforceablo against lands or estates therein but not against bon&Jtde purchasers.

. 2 4 3 . (1) No person shall be granted or hold in his own name or the name of any other person or persons a lease of more than one holding.

(2) If any person holds any estate or interest in the lease of a holding contrary to the provisions of this section such estate or interest shall become forfeited to His 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).

(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 bond fide purchaser for value, but such estate or interest shall not be liable to be forfeited after having passed into the hands of any bond fide purchaser for value claiming under any such person.

Conditional purchase lease. lb. i. 244.

Instalments. State Savings Bank Act 1915 ». 95.

Fifth Schedule.

2 4 4 . (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 Centura 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 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 sub­section on the basis of Four pounds ten shillings per centum being the interest paid and there being sixty-three half-yearly instalments is set out in the Fifth Schedule.

2sTo. 3709.] LAND ACT 1928. 567

2 4 5 . (1) Every conditional purchase lease shall be issued by the Land Act 1916

Governor in Council and shall contain— *;24!v • Conditions in

(a) A condition that the lessee shall at once and to the satisfaction ^^'Act 1921 of the Minister commence and continue to destroy and will >• 25. within three years after the issue of the lease have °rmfjf 0

y

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 from the Fencing issue of the lease if not sooner called upon under the provisions of the Fences Act 1928 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 of the Residenoe.

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 daring 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 of the Improvements.

first year from the commencement of the lease make on the holding substantial and permanent improve­ments in the opinion of the Minister of the value of not less thau 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

568 LAND ACT 1928. [19 GEO. V.

Land Act 1915.

Breach.

Non-alienation within six years.

Date of lease where assigned by trustee in insolvency or bankruploy or executors &c.

Power to assign whei e executor or administrator or trustee in insolvency or bankruptcy fails to do so.

(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 sub­paragraph make on the land demised substantial and permanent improvements to the value of Eighty-three pounds six shillings and eightpence daring 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 four pence 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 sub­paragraph (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 insolvency or bankruptcy or the executors or administrators of the lessee such lessee not having personally resided on the holding pursuant to the conditions of the 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 date of the insolvency bankruptcy or death of the lessee the trustee assignee or receiver in such insolvency or bankruptcy or executor or administrator has failed to re-assign or transfer the lease of such insolvent 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

No. 3709.] LAND ACT 1928. 569

such lease have been complied with assign the same or Land Act IQIS. 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 of the Power to first six years of the lease the Minister is satisfied that six years &c.

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 Land Act 1921 to some person who is qualified to hold the same :

(t) 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 :

(j) A condition that when a lessee who has paid the first Power to

instalment of purchase money is unable at the end of the payment of first year of the term of his lease to pay the second half- ^"fourth"1

yearly instalment of purchase money the Minister if Instalments

satisfied of the lessee's inability to pay such instalment and that all the covenants and 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:

(k) A condition that save as aforesaid every lease shall be Liability of

liable to forfeiture if any half-yearly instalment is not paymlnTof0"" punctually paid or upon any breach of any covenant or instalment. condition of the lease but that no forfeiture shall operate to extinguish any debt to the 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 are due the lessee shall pay interest on all arrears of purchase money due on the lease at the rate of Five pounds per centum per annum:

(I) A condition that the Governor in Council or the Minister Resumption

may at any time enter upon the whole or portion of the p^o^s" laud 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 or portion thereof

570 LAND ACT 1928. [19 GEO. V.

Land Act 1915. (as the case may be) and relinquish and give up posses­sion of the said leasehold or portion to His Majesty. There shall be paid by His 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 aud the amount of loss sustained in consequence of relinquishing improvements not removable and the portion of principal paid to His Majesty by the lessee in respect of the leasehold or portion thereof so resumed. Such cost and amount shall be fixed by the Minister, but shall not include compensation for sever­

ance or for any person's interest in the lease and may be paid to such person or persons as the Minister determines.

(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.

Occupation permits. lb. «. 248.

Recovery of purchase money &o. lb. «. 247.

2 4 6 . (1) The Minister may in the manner and subject to such terms and conditions as may be prescribed grant and issue permits for the immediate occupation of holdings.

(2) The Minister shall have the like powers for the recovery of instalments of purchase money and interest thereon by suit distress forfeiture or otherwise as the Board of Land and Works has with respect to the recovery of licence-fees or rent under Par t L<B> of this Act.

Option to obtain grant at end of twelve years of currency of lease.

/ft. >.248. Land Act 1921 8.25.

24"?. Every conditional purchase lessee under this Part or any corresponding previous enactment who at any time after the expiration of twelve years from the date of his lease satisfies the Minister that all the covenants and conditions thereof have been complied with and that the fencing and improvements have been maintained shall be entitled to obtain a Grown 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 bv the Minister.

Limit of holdings to be held as beneficial owner. Land Act 1915 t. 260. "Beneficial owner."

2 4 8 . (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 lie holds them otherwise than as a trustee executor or administrator or as a trustee assignee or receiver of the estate of an insolvent or 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 hinds or any such estate or interest therein by settlement grant assignment transfer or conveyance not made bond fide for valuable consideration;

See sect ion 159 et acq.

No. 3709.] LAND ACT 1928. 571

and any beneficial owner of lands or of any estate or interest therein tan* Act 1915. 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 Transfers &o. title lease devise or conveyance or mode of acquiring title to lands or legal01

any estate or interest in lands whether by operation of law or act of lol^tmci* the party except as regards any land estate or interest comprised forfeiture are therein or affected thereby with respect to which legal proceedings to pe" mg' 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 caveat has been lodged on behalf of His Majesty under the Transfer of Land Act 1928 claiming to take advantage of such forfeiture.

(4) If any person (except as hereinafter mentioned) holds lands or Lands held any estate or interest in lands contrary to the provisions of this section secUotTmay he such lands or so much thereof as may be held contrary to t h e ^ S " i t o H i s

provisions of this section or the estate or interest of which such person is beneficial owner therein shall be liable to be forfeited to His 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 Lands accruing kin of any deceased person or by reason of any estate or interest in nonforfeitable expectancy falling into possession or by survivorship or by the for three years, 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 Mortgagees m holding he shall after the expiration of three years from taking p°ssession-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 penalty for lands contrary to the provisions of this section, in addition to the contrary to this liability to forfeiture hereinbefore provided for, shall be liable to a section, 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.

572 LAND ACT 1928. [19 GEO. V.

Land Act 1916. Forfeitures enforceable against lands or estate therein but not against bond fide purchasers.

Infants and lunatics.

Crown trrants &c. to describe lands as holdings otherwise this section to be inapplicable.

Statutory declaration before transfer of Murray Settlement lands. Land Act 1921 «. 27. Land Act 1923 ». 7.

(8) If lands or any estate or interest in lauds become or becomes liable to be forfeited under the provisions of this section such lauds 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 bond fide purchaser for value, but such lands estate or interest shall not be liable to be forfeited after they have passed into the hands of any bona fid", 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 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 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.

(10) When any Crown grant or Crown lease is issued of any 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.

(11) No transfer of a freehold estate or of a leasehold estate (if snch 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 Nineteen hundred and seven under this Par t 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 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 laud 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.

No. 3709.1 LAND ACT 1928. 573

2 4 9 . (1) Notwithstanding anything in any Act such of the powers Land Action duties and authorities of or exercisable by the Minister or the Board of *•28,

Land and Works or any officer with respect to all or any lands under state w™n this Part as the Governor in Council on the recommendation of the lupp'Sy"401

Commissioner of Crown Lands and Survey by Order specifies shall ^>™^,^on

subject to and by virtue of this section and subject to such limitations powers &0. and restrictions as the Governor in Council from time to time directs toVSra^0' be transferred to and shall be exercised by the State Rivers • and tondB

e.meilts

Water Supply Commission as constituted by the Water Act 1928 or any corresponding previous enactment, and the provisions of this Act shall with such alterations additions modifications and substitutions as are necessary be read and construed accordingly.

(2) Notwithstanding anything in this section— iss„e oj leases (a) every conditional purchase lease of any such land shall be of 8UCl> lands'

issued by the Governor in Council ; (b) in every such lease issued after the twenty-first day of

December Nineteen hundred and twenty-one references to the said Commission shall (where the case requires) be substituted for references to the Minister or the said Board ; and

(c) every such lease issued before the twenty-first day of December Nineteen hundred and twenty-one (whether the first six years of the lease have been completed or not) shall be read and construed as if for. any references therein to the Minister or the said Board there were (where the case requires) substituted references to the said Commission.

(3) If any question arises as to whether any specified powers duties Questions to be

authorities or liabilities are by virtue of this section or any Order or QoCveraor to direction hereunder transferred to the said Commission or as to the council, extent or meaning of any limitations or restrictions imposed under this section such question shall be conclusively determined by the Governor in Council.

4 The Governor in Council may make regulations for all matters Regulations, which are necessary or convenient to be prescribed for carrying out the objects of or giving effect to this section.

(5) 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.

2 5 0 . Where a holding consisting of a homestead allotment and Alienation by a Mallee farm allotment forming together one holding (in this and the onTposfte next succeding section referred to as a composite holding) was taken up *ouBUActs under the Land Act 19.15 or any corresponding previous enactment the n., 23. lessee of any such composite holding—

(o) 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 sub-let or part with the possession of any part of his holding to the same extent

5?4 LAND ACT 1928. [19 GEO. V.

Lent Act mi. 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 huudred and forty-five of this Ac t ; and

(b) shall be entitled subject to and in accordance with— (i.) any condition in his lease to the effect of paragraph

(?) of suit-section (I) of section two hundred and forty-five of this Act : and

(ii.) section two hundred and forly-seven, 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 o»' the full purchase money of the land comprised in the homestead allotment the Mallee farm allotment or both (as the ease may be).

Option of conditional purchase lessee of composite holding to surrender to ebtain separate leases. lb. s. 24.

Total acreage.

Terms and conditions of new leases.

Credit for Instalments paid.

Antedating leases.

Credit for Improvements and occupation

3 5 1 . (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 Par t of the land comprised in the homestead allotment and a selection purchase lease under Part I I . of the land comprised in the Mallee farm allotment.

(2) Such selection purchase lease of the land comprised in 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 one hundred and ninety-six.

(3) Subject to this section every such new conditional purchase lease shall be issued on the same terms and conditions 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 such proportion as he thinks fit of the amount of the instalments 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 have been paid on account of the new selection purchase lease of the Mallee farm allotment, and every such conditional purchase lease or selection purchase lease shall bear the date of the surrendered conditional purchase lease.

(." ) All substantial and permanent improvements made to the satisfaction of the Minister on the homestead allotment or on the Mallee farm allotment shall be deemed and taken to he improvements under the new lease of the homestead allotment or of the Mallee farm

No. 3709.] LAND ACT 1928. 575

allotment (as the case may be); and any occupation of the land com- LandActim. prised 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 unless Payments of he has paid all instalments of purchase money and interest thereon Ifc aSry.*3 du<>

then due under the surrendered lease. (7) Where the conditional purchase lessee of a Mallee farm allot-Transfer of

ment or part thereof has given an existing registered mortgage in mmnalred°m

respect thereof the mortgage without further or other authority than purchasHease this Act shall, in the event of such conditional purchase lessee to new leases, obtaining a conditional purchase lease under this Part and a selection purchase lease under Part I I . 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 laud thereby demised in all respects as if such lease or leaseR (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 memorandum stating the fact of such transfer shall also be made by the said Registrar ou the original registered instrument of mortgage.

(8) For the purposes of this section the Governor in Council may Adjustments, iu the new leases make all necessary adjustments accordingly.

252. (1) The Minister shall annually lay before both Houses of Report to be Parliament a report of the proceedings taken under the provisions of PaTament" this Part during the financial year ending on the last day in the month tana Act 1015 of June next preceding the date of such report. '•2o1,

(2) Such report shall amongst other things state— (a) the locality and area and quality of any Crown land taken

up under this P a r t ; and (b) the condition and settlement of all land under this Part.

DIVISION 2.—GENERAL.

253. Save as provided in this Part or in any lease pursuant Agreements to thereto or any repealed enactment all contracts agreements or under- &Th5d!rS.gn

takings to transfer assign mortgage sublet or part with the possession ™™.£»£flvjded

of the whole or any part of a holding held under lease or purporting void. to transfer mortgage sublet or part with the possession of the same or Ib- '•252-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 iu 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 auy lessee the Governor in Council may declare the lease of such holding to be void.

254. For the purposes of any Act relating to local government Lessees deemed or public health or to dividing fences or to water supply every lessee of o^pfe" for a holding under this Part or any corresponding previous enaotment ccrtampurposea. shall be deemed to be the owner or occupier thereof. lb- '•253-

576 LAND ACT 1928. [19 GEO. V.

LandAttms 255. Notwithstanding anything contained in this or any other L 25i t rfeited "^c^ o r a n y r m e °^ ^ a w 01" e (luity a lease which has been forfeited for for non-payment non-payment of one or more half-yearly instalments of purchase money no'uo'rCTH tiii shall not under any circumstances be revived in favour of the lessee 'ev'ok'e'd'6 making default unless and until the Governor in Council has revoked

the forfeiture thereof.<a)

Ib. s. 257.

Gazette notices 256. A notice published in the Government Gazette purporting tor to°betlcns to declare that the Governor in Council has revoked forfeited or declared conclusive void any lease under this Part or any corresponding previous Gvidencs "

ib a 265 enactment or purporting to revoke the forfeiture of any lease shall be received in all courts of justice 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).W''

Power to 257. (1) With the approval of the Governor in Council the detaXdTreiw Minister may acquire for the Crown by agreement for the purposes of of land. this p a r t a n y a r e a s of land surrounded by Crown land and not exceed­

ing six hundred and forty acres in any one area and situate within the 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.

cost. (2) The cost of acquiring such land shall be paid out of moneys to be appropriated by Parliament.

How dealt with. (3) Any land so acquired shall be deemed to be and may be dealt with under this Part as unoccupied Crown land.

cost of 258 . Where any land has been acquired or is acquired for the Sedt'oTafue1"3 purposes of this Part the cost of acquiring the same shall be included of holdings. m the value of the holdings to be determined as hereinbefore provided. Ib.«. 258.

Regulations. 259 . (1) The Governor in Council may make regulations— lb' '•269- {a) prescribing the form and manner of application for 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;

(e prescribing any forms to be used under this P a r t ; (_/) generally for fully carrying out the objects and purposes

and guarding against evasions and violations of this Part.

To be laid before (2) All such regulations shall be published in the Government parliament. Gazette and upon publication shall be valid in law as if the same were

enacted in this Part and shall be judicially noticed; and all such regulations shall be laid before both Houses of Parliament within

(a) See note to section 160. (b) See note to seotion 165.

No. 3709.1 LAND ACT 1928. 577

fourteen days after the publication thereof if Parliament is then sitting, Land Act 1915. and if Parliament is not sitting then within fourteen days after the next meeting of Parliament.

PART IV.—SPECIAL SETTLEMENT ABEAS.

260 . The Governor in Council may from time to time by p r o - Proclamation of

clamation published in the Government Gazette— spl'Sai™"8

(a) set apart and appropriate as a " Special Settlement Area' ' A ^ T 6 " "

any lands not alienated from the Crown in connexion n.«. 260. 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.

2 6 1 . (1) The Board of Land and Works shall cause all land so survey and subdivision

' lb. i. 261. set apart and appropriated to be surveyed into allotments not exceed-subdivision-ing 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 Conditional

available for being taken up under conditional purchase lease under Purohase leases-the provisions of Division seven of Part I. of this Act.

2 6 2 . (1) Every Crown grant of any land in any Special Settle-conditions to be ment Area shall in addition to any other conditions required by this croX'ngrant Act contain conditions to the effect— ?' §rm:n.landa

in Special (a) that the land referred to in the Crown grant shall not be Settlement Areas.

owned held occupied or used by any person who at the i».». 262. same time is the grantee or lessee from the Crown or Land Act 1921 the owner or lessee (if his leasehold is for a term j ^ n i ^ 192g exceeding seven years) for the time being of any other«. t-land in the same Special Settlement Area ; and

(b) 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 statutory (if such leasehold is for a term exceeding seven years) in the befo?eatransfer whole or any part of any land included in any Special Settlement g't

st?

ecialt A

Area disposed of after the twenty-fourth day of October Nineteen iaend.emen

hundred and eleven under this Part or any corresponding previous enactment shall be registered by the Registrar of Titles unless and 0

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

VOL. m.—37

578 LAND ACT 1928. [19 GEO. V.

Land Act 1921. 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.—SPECIAL PROVISIONS FOR VILLAGE COMMUNITIES AND

LABOUR COLONIES.

interpretation. 263 . In this Part unless inconsistent with the context or subject-L,a2esAci 1916 matter—

" Board " means the Board of Land and Works : " Regulations " means regulations under this Par t : " 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/"*

No village 2 8 4 . (1) N o lease of a village communi ty al lotment shal l be issued an'otment'Ieasea s a v e o n t y by vir tue of any permit in force on the twenty-fourth day of herbe'aftered October Nineteen hundred and eleven. ib.,, 264. (2) The Governor in Council may a t any t ime revoke any pro-Bevocation of clamation published in the Government Gazette from t ime to t ime oftffiage"011 set t ing apar t and appropr ia t ing for occupation as vil lage communi ty a5otxaentsy a l lotments or for occupation by members of associations or societies

any land not alienated from the Crown.

Permissive 2 6 5 . Fo r the purposes of the provisions of any Act re la t ing iesseeto'b" to local government or to public heal th the permissive occupant or for certain™" l e s s e e °f a vil lage community al lotment shall be deemed to be t he purposes. owner thereof notwi ths tanding t h a t he has not fully paid for such Z6...265. a l lotment . special provision 2 6 6 . W i t h regard to any lease of a village communi ty a l lo tment existing village the following provisions shall have effect notwithstanding anything in Zens>u"ity a n y Act relating to Crown lands or in such lease:— ib. 8.268. (1) If the Minister is of opinion that the land demised is not ?™1F° i

v™ lents suitable for cultivation he may in lieu of compliance with cultivation. the covenant as to cultivation accept substant ia l and

permanent improvements on the land to the total value of Two pounds for every acre demised.

Residence. (2) For the purpose of residence on the allotment residence 0 thereon or within the limits of the village community

lands or on any other land not more than five miles

(a) See section 73.

!Mo. 3709.1 LAND ACT 1928. 57!*;

distant from the allotment shall be sufficient; and the Lam A* IOT6. Board may waive compliance with the covenant as to residence in any case where in the opinion of the Boardi the allotment is unfit or not suitable for habitation.

(3) The lease shall be read and construed as if in the condition Absence.

with regard to absence from the allotment— (a) for the words " any one financial year " there were.

inserted the words " the first twelve months from the date of his lease and any succeedirigi period of twelve months " ; and

('>) 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."

(4) The lease shall be read and construed as if instead of the Death condition in regard to death bankruptcy or insolvency of'!J

na£^<!

;yy0?

r

the lessee there were inserted the following condition.:— les8ee-A condition that in the case of the death of the lessee his

executors or administrators or personal representa­tives may without further authority than this Part •• • • act in his place as lessee ; but the Board may a t 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.

2 6 7 . Where any person has been granted by the Bbard a lease option pt or permit or becomes the transferee of and occupies a village com- oSTperpetuai muuity allotment or homestead section of any land then such person pu^h e'iease may in writing apply to the Board for permission to surrender such /*. M. 267,268. lease or permit to His 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 tp' the whole or any part of such land and subject to such terms conditions' ,. "' covenants exceptions and reservations as he may direct. ' '

2 6 8 (1) In the event of any person applying for a perpetual lease,B«nts. of any land, pursuant to the last preceding section the rent thereon.**•«• 267» 2fis-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 pei;. 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.

580 LAND ACT 1928. [19 GEO. V.

Land Ad 1916. Prloe of land under conditional purchase lease.

Exclusive right to lease.

Postponement of advances.

Credit for rent.

Credit for improvements and oooupation.

Adjustments.

(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 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.

(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 ou 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. lb. 8. 269.

Grant of additional land to holder of permit or lease.

Payment for improvements.

2 6 9 . (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 of such Bums 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.

F o . 3709.] LAND ACT 1928. 581

(3) Any default in the payment of any half-yearly instalment Land Act m&. shall have the like consequences as a default in the payment of any De'»»". 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 ; and in case the same is levied by distress an order under the seal of the Board shall be a sufficient warrant and authority to distrain.

(4) The Minister may if he thinks fit direct that the whole or any credit for rent, 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 orecUMor land the permit or lease of which has been so surrendered may be Sd'oTo^otion. 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 con- Adjustments, ditional purchase lease make all necessary adjustments accordingly.

270. Where a village community and a homestead association a r e Residence where

contiguous residence within the limits of the village community lands hom ste tands or within the limits of the homestead association lands or either by any are contiguous, lessee or holder of a permit of a village community allotment or home- Ib ' ' '270-

stead section shall be deemed residence in respect of his allotment or section.

271. Notwithstanding anything contained in any lease of a home- Assignment &c.

stead section the lessee with the consent of the Board signified in nomestetd writing may assign transfer or sublet the land demised or any portion section, thereof to any person who is qualified to become a lessee, and the l b- '•2n-Board is hereby empowered to give such consent.

272. (1) Notwithstanding anything in this Part contained where Holder of permit

any additional land is granted under a conditional purchase lease to the obtaining

holder of a permit or lease under this Part or any corresponding ^fet^U8,1"1

previous enactment no interest shall be charged on the purchase money interest, of such land or of land included in such conditional purchase lease Ib- *•272-and previously held under a permit or lease of a village community allotment or homestead section which has been surrendered.

(2) This section shall apply with respect to all conditional Application, purchase leases referred to in this section and issued on or after the first day of July Eighteen hundred and ninety-nine.

DIVISION 3.—LABOUR COLONIES.

273. (1) The Governor in Council may by proclamation pub- Land to be set

lished in the Government Gazette set apart and appropriate as a labour JlSSnie™labour

colony under this Division blocks of any land not alienated from the n.«. 273. 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.

582 LAND ACT 1928. [19 GEO. V.

Zand'Ad 1915.

Appointment and removal of trustees. lb. «.27 4.

Meetings of the trustees. lb. t. 275

Quorum."

Who may be admitted into labour colony. lb. «. 276.

Powers of trustees.. lb. t. 277.

Trade or industry.

.i :• .(2) Any blocks of land so set apart and appropriated shall vest in trustees when appointed as hereinafter provided and sucli 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.

, , 2 7 4 . (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.

2 7 5 . (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.

2 7 6 . The trustees of each labour colony after a day to be 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 rule.s 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.

2 7 7 . (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 80 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 colonv.

Trustees' . . accounts and application of. funds. lb. s. 278. ' • • Trust account.

Expenditure of funds.'

Allowances.

Construction of buildings &c.

Purchase of provisions &o.

2 7 8 . (1) Parliament shall annually vote a sum of money for the maintenance of each labour colony and such money shall be paid to the trustees thereof.

(2) All moneys received by the trustees as aforesaid and all 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 expended by the trustees—

(a) in the payment of allowances for work to persons employed in the labour colony ;

(£) in the erection construction and making of any necessary buildings erections works and conveniences in con­nexion with the labour colony and in the maintenance thereof; and

(c) in purchasing provisions clothing building materials stock seed agricultural implements tools and all things neces­sary for the proper working of the labour colony and generally for carrying out the provisions of this Division.

No. 3709.1 LAND ACT 1928. 583

379. (1) The accounts of the trustees of each labour colony Land Act 1915 shall once in every six months at least and oftener if the Governor in *u

2J.9t Council so directs and at such time as the Minister appoints be trustees-audited by two persons one of whom shall be appointed by theaooount8-Governor in Council and one by the trustees who shall be paid fees out of the said trust account at such rate as the Governor in Council may direct.

(2) A balance-sheet showing the revenue and expenditure certi- Balance-sheet,

fied to by such auditors shall be prepared by the trustees and forwarded by them once in every six months to the Minister who shall cause the same to be laid before both Houses of Parliament.

280. The trustees of each labour colony with the approval of the Ruiestobemade Governor in Council may pursuant to this Division make rules for such bytrustees-

, n J l Ib.s. 280

colony for— (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

(J~) generally for the better carrying out of the purposes and provisions of this Division whether hereinbefore specially authorized or not.

DIVISION 4 . GENERAL.

281. In the case of the insolvency bankruptcy or death of a provision tor lessee under this Part or any corresponding previous enactment— XiToMessee.

(a) I t shall not be obligatory on the trustee assignee or receiver n- »•281-in insolvency or 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 insolvency or bankruptcy within twelve months from the date of such insolvency or 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.

282. If entry is made upon any village community allotment or power to homestead section for breach of or non-compliance with any of the govern.°rln

provisions of this Act or any corresponding previous enactment or of any grant selection condition or covenant of any lease the Governor in Council may direct

of forfeited that such village community allotment or homestead section or any oJJ^,nity portion thereof may be leased as a selection purchase allotment under allotment or *! . . , ^ A homestead this Act. section.

lb. B. 282. 283. No licence or club certificate authorizing the sale of any RcstncUon on

intoxicating liquor shall be granted within the boundaries of anyf!1*0.' .. • 1 i i • i- i 1 i 1 1 • Intoxicating

village community homestead association labour colony or township liquors, under this Part or any corresponding previous enactment unlesslb- "•283

584 LAND ACT 1928. [19 GEO. V.

LandActms. 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.

284 . (1) The Governor in Council may make regulations generally for carrying out the provisions contained in any Division of this Part.

To be laid before (2) All such regulations upon being published in the Govern-poriiament. went Qaze((e shal] be as valid in law as if the same were enacted

in this Par t and shall be judicially noticed, and all such 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.

Regulations lb. B. 284.

Lepo: laid before Parliament. lb. t. 285.

2 8 5 . The Minister shall cause a report to be laid on the table of both Houses of Parliament within one month after the end of each financial year giving full information as to all proceedings taken under any of the provisions of this Part during such year.

Resumption of lands for public purposes. lb. ». 286.

Land Act 1021 ». 80.

Authority to enter.

PART VI.—RESUMPTION OF LAND FOR PUBLIC PUEPOSES.

286. (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 192S whether or not buildings or works are intended to be erected thereon ; or

(f) 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

No. 3709.] LAND ACT 1928. 585

purposes mentioned in such certificate in manner provided for the Land Aet 1915. resumption of land by the Lands Compensation Act 1928 and subject to all the conditions imposed by the said Act.

287. Full satisfaction shall be made by the said Board (out of any Board of Land moneys to be provided by Parliament for the purpose) in manner pro- JS^01*8 to

vided by the Lands Compensation Act 1928 to all persons interested in satisfaction any such lauds so taken. In the construction of the said Act for the Ib t ^ 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.

2 8 8 . All lands taken under the authority of this Part by the Lands so said Board for the purposes of the Education Act 1928 shall be {^JXlit with. conveyed or transferred to the Minister and his successors for the time /a. «.2&8. 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 His Majesty his heirs and successors, and shall not be alienated in fee simple by him or his successors without the express authority of an Act of Parliament passed in that behalf.

PAKT VII .—LEASES AND LICENCES TOE ELECTKIO LINES.

289. (1) I t shall be lawful for the Governor in Council to grant Power to lease

for a term not exceeding twenty-one years from the date thereof leases °orrhoense land

or licences of any land forming part of any lands of the Crown °rB*™Co}on

(including water reserves but not including any lands within a reserved eieotric line, forest) for enabling the lessee or licensee subject to the Electric Light u- '•289-and Power Act 1928 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 width of land V • • • j . i leased or

one chain in width. licensed. 290. Every lease or licence under this Par t shall be subject to covenants

, , •', , . , . , . . , , . , . % conditionn&c such covenants terms restrictions limitations reservations and con-0f lease or ditions and to the payment of such rent or fee as to the Governor in liccnce' Council seems fit and every such lease or licence and the lessee or B^Hci(i licensee and the executors administrators and assigns of every such CommUnon

A ft 1 Q1 ft

lessee or licensee shall be subject to any regulations made under the , . i* (2). State Electricity Commission Act 1928 or any Act thereby repealed so far as the same are applicable.^

291. Notice of application for any lease or licence under this Part Notice of and of the purpose for which it is proposed to be granted shall be ^d^cTiois published before the granting thereof in four consecutive ordinary »• 291. numbers of the Government Gazette and twice in some daily news­paper published in Melbourne.

292. The fact that any land is leased or licensed under this Part Mining not shall not prevent any person mining by virtue of a mining lease or Yb."^. miner's right under the land so leased or licensed provided 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

(a) See State Electricity Commission Act 1928, section 17 (2).

586 LAND ACT 1928. [19 GEO. Y.

Copy of lease or licence to be laid before Parliament before iS'iue. lb. «. 293.

Landu of the Crown to be alienated only 08 regards surface lb. e. 294.

Saving as fo wells and spring.

Lata Act 1915. 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.

393 . 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.

PART VIII .—GENERAL.

294. (1) All lands of the Grown 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.(a)

(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 Eighteen 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 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.

395. 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 Or own. W

396. (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; or

(b) by such lands being within any waterworks district or any irrigation and water supply district ; or

(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,

(a) Lawrence v. Fordham, 1922 V.L.R., 705. (b) See the Mines Act 1928, section330.

Sub-section {1; not to operate upon lands alienated before 29th December, 1391.

Right to motalr and minerals not to go with the land. lb. «. 295.

Whtre Crown lands enhanced in value liy proximity of railway or waterworks &c. additional prioe may be put thereon by Order in ' Council. lb. a 296.

No. 3709.1 LAND ACT 1928. 587

the Governor may by Order in Council published in the Government Land Act 1915. 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-eighth 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.

(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 Eighteen 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

588 LAND ACT 1928. [19 GEO. V.

Land At IMS. been selected by him or by any person through whom he claims before the twenty-ninth day of December Eighteen hundred and ninety-one.

Additional prioe how to be paid and applied lb. i. 297.

2 9 7 . (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 sum as the corresponding amount of the sum payable (but for such Order in Council) bears to the whole of snch 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.

2 9 8 . 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 2 9 9 . Where under the three last preceding sections the Governor money or rent

has declared by Order in Council that the value of any lands of the wnw/worklfnot ^ r o w r i bas been enhanced by the proximity thereto of the course of constructed any particular authorized line of railway or of any line of railway the years" °" construction of which has been declared by resolution of the Legislative n. «. 299. Assembly to be expedient or by such lands being within any water­

works 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 three last preceding sections in excess of the whole purchase money rent occupation or licence-fees paid or to be paid by any purchaser selector

Mode of application where Crown land benefited by more than one work. lb. >. 298.

No. 3709.] LAND ACT 1928. 589

lessee licensee or other person in respect of such lands of the Crown Land Act 191B. 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.

3 0 0 . Save as in the four last preceding sections expressly pro- Mode of vided nothing therein contained shall alter or affect any Act relating crown'iands to the mode of alienating or otherwise disposing of lands of the Crown, Acteno to'be and nothing therein shall apply to or affect any lease licence or con- affected, tract whatsoever made before the twenty-ninth day of DecemberIb- •• 80°-Eighteen hundred and ninety-one.

3 0 1 . (1) The Governor in Council on the recommendation of the Improvement

Board of Land and Works may by notification published in the Jj £ rSi l a n d 8

Government Gazette determine that any unalienated land of the Crown J Jore'Miction specified in such notification (and hereinafter in this section referred &o. to as a "special area") requires improvement before being made ffffAet 1920

available for being selected or taken up pursuant to this Act under selection purchase lease or under conditional purchase lease.

(2) After the Governor in Council has determined as aforesaid that Subdivision of any area of Crown land requires improvement the Board of Land and Ianda ">Brea-Works shall cause all suitable unselected Crown land within such area (except as regards such portions thereof as have been or are set apart by the Governor in Council for any other purpose under this Act or any correspouding previous enactment) to be subdivided for selection under selection purchase lease or under conditional purchase lease.

(3) Before any land within such area is selected or taken up under survey pian» selection purchase lease or conditional purchase lease the Minister *0-

shall cause— (a) all necessary roads to be surveyed and determined ; and (b) plans to be prepared showing the roads bridges and drains

to be constructed whether on land within such area or adjacent thereto, and the allotments to be made available for selection or taking up within such area.

(4) The Closer Settlement Board shall as soon as practicable and Power to whether before or after any lands in the area are selected or taken up bridges and""18

cause all roads bridges and drains which in the opinion of the Minister dralus ln area-are necessary for the settlement or improvement of such area to be constructed on land within such area or adjacent thereto.

(5) The Governor in Council may by order published in the Boads Government Gazette proclaim the land upon which any such road or S^SwJj04 to

bridge has been so constructed pursuant to this section to be a public Wfrhways ana highway within the meaning of any law now or hereafter in force, maintained by and thereafter the municipality within whose municipal district the mumo|Pality-said public highway or any part thereof is situate shall maintain the said public highway or such part thereof (as the case may be) at the cost of the municipality.

(6) The Closer Settlement Board may clear drain fence or other- Improvement

wise improve any Crown land in any such area— beforedor\after (a) prior to its being selected or taken up as aforesaid ; or

590 LAND ACT 1928. fl9 GEO. V.

Land Act 1920.

Application of the Closer Settlement and the Discharged Soldiers Settlement Funds for purposes of this section.

Cost of improvement &c. deemed special advance to settler.

Fixing amount of special advanoe.

Repayment <&c. of spocial advanoe.

{b) at any time thereafter but only during the currency of the selection purchase lease or conditional purchase lease (as the case may be),

and the said Board may purchase materials implements and such other things as the said Board thinks necessary for carrying out the purposes of this section.

(7) The Closer Settlement Fund and the Discharged Soldiers Settlement Fund shall to the extent determined by the Treasurer of Victoria and in such amounts from either or both such Funds as he thinks fit be applied subject to this section to the survey of roads and the construction of roads bridges and drains pursuant to this section and the clearing draining fencing and otherwise improving of such land and to the costs and expenses of the said Board in carrying out the purposes of this section including any losses and working expenses.

(8) Subject to this section the cost incurred by the Minister and the Closer Settlement Board under this section shall be charged to the lessees of all selection purchase allotments or conditional purchase allotments selected or taken up in such area (whether before or after any allotments are made available for selection or taking up pursuant to this section) as if with respect to such lessee the amount of such cost as fixed under this section were an advance made by the Closer Settlement Board to such lessee, and the amount of such cost so fixed with respect to any such lessee shall be deemed and taken to be advanced by the said Board to such lessee.

(9) The amount of such cost with respect to each such lessee (hereinafter in this section referred to as a " special advance ") shall be fixed by the Closer Settlement Board at an amount sufficient to cover what in the opinion of the said Board is a fair proportion of the cost of—

(a) the survey and subdivision of the area; and (b) the survey and determination of the necessary roads for the

area and the construction of roads bridges and drains thereon or adjacent thereto together with the cost of the clearing draining fencing and otherwise improving the allotment and any other costs incurred incidental to the improvement and disposal of the allotment.

(10) Every special advance within the meaning of this section— (a) shall be deemed to have been made either for the term of

the lease or for a period of twenty years from the date of the lease or from the date of the fixing of the amount of the advance by the said Board (whichever is the later date) ;

(b) shall bear interest at such rate as the Minister determines not being less than Five pounds per centum per annum on the unpaid balance of the advance ; and

(c) shall together with such interest— (i.) be repayable in the discretion of the Minister in

one sum or by half-yearly instalments; and (ii.) until paid be a charge on the land and the

lessee's interest therein.

JSTo. 3709.] LAND ACT 1928. 591

(11) Repayments (including interest) by lessees of special advances Land Act mo. shall be placed to the credit of The Closer Settlement Fund or the 2u,n5e°' l l ld Discharged Soldiers Settlement Fund or in such proportions as the to appropriate Treasurer of Victoria determines to both such Funds according as Fund8-moneys to the credit of either or both the said Funds have been applied in carrying out the purposes of this section in the area concerned.

(12) Notwithstanding anything in the Closer Settlement Act 1928 special advance the amounts of special advances under this section shall be in addition to advance?"011

to any amounts which may be advanced pursuant to the said Act. settlement' (13) The Closer Settlement Board may arrange with a selection Act-

purchase lessee or conditional purchase lessee of any allotment in an settierel&o.0

area under this section to clear drain fence or otherwise improve such o 'of*11^ allotment in lieu of itself carrying out such work or any part thereof J^*1,™8, and in any such case—

(a) the said Board may make an advance to such lessee for the purpose of carrying out such work or part thereof;

(b) such advance may, on the certificate of any perssm authorized (either generally or in any particular case) in that behalf by the said Board, be made by progress payments as the work for which the advance is intended progresses ;

(c) the provisions of this section with respect to a special advance shall as nearly as may he apply to any advance under this sub-section, and such advance to any person shall be included in the special advance to him ;

(d) at any time upon the report of an inspector of the said Board that any money advanced under this sub-section by the said Board has not been applied to the purpose for which it was advanced or has been expended in a careless or extravagant manner—

(i.) the said Board may refuse to pay any further instalments of the advance or to make any further advances ;

(ii.) all amounts already advanced together with interest thereon' shall become immediately due and payable ; and

(iii.) the said Board may forthwith recover the same in the like manner as any instalments due to the said Board are recoverable.

(14) Moneys advanced under this section with interest thereon at Further socurity the prescribed rate may as the case requires and it the Board thinks 'or«dvan<«»-fit be further secured by—'

(a) a lien under this Act on improvements to an amount not exceeding One hundred pounds per centum of the unencumbered value of the improvements after providing for reasonable depreciation;

(b) a stock mortgage under the Instruments Act 1928 ; (c) a hire purchase agreement under which any materials imple­

ments or live stock (including pigs and poultry) the subject thereof remain the property of the said Board until the said moneys together with interest thereon as aforesaid are repaid ;

592 LAND ACT 1928. [19 GEO. V.

Land Act 1920.

As to land already allotted to discharged soldiers.

Value where land contains any fractional partof an acre. Land Act 1915 s. 302.

Crown grants of roads used for railways. lb. s. 301.

(d) any security provided for in the Closer Settlement Act 1928 with respect to advances or overdue instalments ; or

(e) all or some of them. (15) Any such lien stock mortgage hire purchase agreement or

other security may be taken or entered into by the said Board as if it were a private person.

(16) The powers conferred on the Closer Settlement Board under this section to make advances to selection purchase lessees and conditional purchase lessees shall also apply in the case of lessees of Crown lands who are discharged soldiers within the meaning of Part I I . of the Closer Settlement Act 1928 whether pursuant to the Closer Settlement Act 1928 or this Act or any corresponding previous enactments.

302. Notwithstanding anything contained in this Act where any land which is classified at a value not lower than Two pounds per acre contains any fractional part of an acre the value to be charged and paid for such fractional part of an acre shall be computed and paid with respect to the actual area and value of such fractional part.

303. Notwithstanding anything contained in any Act where the Board of Land and Works or the Victorian Eailways Commissioners pursuant to the power contained in any Act take 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 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.

304. (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 thereof unused and unmade 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 of such road situate in that municipal district.

(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.

Power to set 305 . (1) Notwithstanding anything contained in any Act where pSJttonfof roada ia any municipal district any road the absolute property in the land of Santfng which is vested in the Crown is not less than three chains in width the /&. a. 304. Governor in Council may by proclamation published in the Government

Power to close certain unused roads on Crown lands. lb, *. 303.

Closed roads to be dealt with as unoccupied Crown land.

Ko. 3709.1 LAND ACT 1928. 593

Gazette declare as hereinafter provided that along the whole or any Land Act 1915. 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— Conditions for

(a) a width of not less than one chain is not affected by such proclamation. proclamation ; and

(b) the council of the municipality has in writing under the common seal of the municipality consented to such pro­clamation ; and

(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 to power to place such proclamation place such land under the administration control Ji°rimed9under and management of the State Forests Department under the Forests control of Act 1928 or under the care protection and management of the council Department or

of the municipality in whose district such land is situate. munuipaW-(5) The Governor in Council may from time to time by a notice Revocation of

published in the Government Gazette annul and rescind or vary any ^der"""'10" °r

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.

3 0 8 . (1) Where the Board of Land and Works is of opinion Power of Board that an approved applicant for a selection purchase lease or for a wo'riS'to""1

conditional purchase lease of land is for some special cause not likely p°^eSt of rent to be able to pay the rent or the instalments under the lease for any or instalments, period not exceeding in the case of land other than land in theIb- '•805-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

VOL. in.—38

594 LAND ACT 1928. [19 GEO. V.

Land Act 1015.

Effect of breach of agreement.

Effect of false statement on application for

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.

(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

postponement of r eq a e s t or any proceedings thereon the applicant wilfully made any DEivrnsnt of rent. « x o XJ. </ j

' 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 307 . (1) Notwithstanding anything contained in this Act, after oTfa'nd't0 price ^n e v a l u e of any land selected or taken up under a licence or lease ib.s. 806. 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 Grown, 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 0 8 . (1) If on or before the due date of any half-yearly payment of rent a lessee or selection purchase lessee of any Crown land (except land acquired and taken by or for the Crown by purchase or otherwise) situate in the parishes set forth in the Thirteenth Schedule to this Act (which land is hereinafter referred to as "mountainous land") makes application to the Board of Land and Works for the exemption pro­vided for in this section 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 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 said lessee or selection purchase lessee in respect of the said portion or any additional portion on or before the due date of 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.

Exemption of portion of certain half-yearly payments of rent if portion of mountainous land under clean grass or cultivation. Land Act 1021 «. 2. Thirteenth Schedule.

Additional exemptions In subsequent years.

No. 3700.] LAND ACT 1928. 595

(3) If any such lessee or selection purchase lessee of mountainous Lan&Actwn.. land proves to the satisfaction of the Board— 5>i»iVcrown

(a) that four-fifths of the area of his land has been reduced to £i°t,iIL„. _ _ , ' i p i i _ ' i certain CWMJS*

and for a continuous period ol 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 under calculation oi this section in respect of any portion which was under grass or

a™a8r08sed

cultivation before the first day of March Nineteen 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 lessee Executors Ac. shall be deemed and taken to include references (where the case so ° esaees c' requires) to his executors or administrators or to his trustee assignee or receiver in insolvency or bankruptcy or (if the lessee or selection purchase lessee is a lunatic or of unsound mind) to the committee of his estate or the Master-in-Equity.

(6) The Governor in Council may from time to time by proclama- Power by

tion published in the Government Gazette amend the Thirteenth £cro

acda

ma0on

Schedule to this Act. by adding thereto— _ i a n d ^ S l (a) the name of any other parish in any county mentioned to schedule.

therein; or taniActwa (b) additional paragraphs containing the names of any parishes

in any other counties, and the said Thirteenth Schedule so amended shall have the same Thirteenth force and effect as if such amendment had been enacted in the said Act. ohedule*

(7) A copy of every proclamation made under this section shall be Proclamation to laid before both Houses of Parliament as soon as may be after it is parliament0.™ made.

309 . No licence or lease under this Act or any repealed Act relating Lease forfeited to Crown lands which has been forfeited for non-payment of one or more oTrent not tJTbe half-yearly instalments of licence-fees or rent or purchase money shall revSion'of™ under any circumstances be revived unless and until the forfeiture has forfeiture, been revoked by the Governor in Council.^ ^ A c t 1916

3 1 0 . Where any Crown lands are held under lease a transfer of Transfers of the whole or any part thereof to any person (other than His Majesty S n o t to be the King or the Board of Lands and Works or any Public Department £f£t

netrs<tonlew

or any person on behalf of the same or the trustee assignee or receiver have been paid. in insolvency or bankruptcy or the executor or administrator of the **'^ ^ ' m o lessee) shall not be registered under the Transfer of Land Act 1928 t.m unless and until the Secretary for Lands by writing under his hand haB 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.w

(a) See note to section 160. (6) See Closer Settlement Act 1028, section 122.

o

596 LAND ACT 1928. [19 GEO. V.

Land Ad 1915 ». JOS). Condition for suspension ot payment of licenoo-feen rent &c.

Notification of lands available for selection by applicants in or from Great Britain &c.

iMtid Act 1921 a. 5.

Period during which lands so available.

3 1 1 . 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 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>>

3 1 2 . (1) The Minister may by notice published in the Government Gazette declare that the whole or any specified portion of the lands referred to in the notice are available for selection upon selection purchase lease or for being taken up under conditional purchase lease by applicants in or from Great Britain Ireland or any other part of the British Dominions.

(2) Snch lands may be so declared available for a period fixed by notice, and if a period is not so fixed it may be fixed or any period so fixed may be extended or reduced by a subsequent notice in the Government Gazette.

Extensions of selection purchase and conditional purchase leases to be registered In the Office of Titles. Zan d / l ed 915 (Ho. 2) «. 3.

3 1 3 . (1) Where the Board— (a) under the provisions of paragraph (t) of sub-section (1) of

section forty-nine or any corresponding previous enact­ment extends a residential lease of a selection purchase allotment;

(b) under the provisions of sub-section (1) of section fifty-one or any corresponding previous enactment extends a non-residential lease of a selection purchase allotment; or i

(c) under the provisions of section three hundred and eleven 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.

(;) 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.

•

(a) See section 313.

2sTo. 3709.1 LAND ACT 1928. 597

(3) Subject to this section every lease so indorsed shall be read and £*»•<« Aet 1915 construed as if the terms and conditions had actually been altered by (-y°-.2)-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.

(4) (a) The Governor in Council may make regulations with BegniatioM. regard to the form of the indorsement to be made on **• *'9' 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 • bf Parliament.

314. In the event of the death insolvency or bankruptcy (whether ProviBfon as to

before or after the commencement of this Act) of an applicant for a S^eTherea

lease before the execution of the lease snch lease may be granted in 5? ^™™*e" the name of such applicant and be executed by his executor or adminis- bankrupt or trator or (as the case may be) by his trustee assignee or receiver in beforcTease insolvency or bankruptcy and shall devolve or pass in like manner as ™,^'^'1920 if the lease had been executed by the applicant and the estate of the». 7. 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.

315. Any forfeiture incurred under the provisions of this Act may Enforcement o« be enforced on behalf of His Majesty by action or proceeding without ^ f ^ i o i s the necessity of any inquisition of office. 2os6(%<82ii m

248 M, 250 (6),' 316. Where the lessee or licensee of any land is called up for naval 262 (2>> S28 <2^-

or military service under any Commonwealth Act relating to defence e^naS o?IV* compliance with the covenant or condition as to residence or occupation JJS ejoSo where contained in the lease or licence of such lessee or licensee may at the person called discretion of the Minister be waived so far as regards the period of under"" w

such service but no longer. S,?eno°eTt8ia

Land Aet 1920 3 1 7 . With respect to licences and leases of allotments of land*-20-

meatioued in the " Schedule of Allotments" to the notice dated the ome^nee"^' fifth day of August Nineteen hundred and eight published in the 5'e 'e^uct ion

Government Gazette of the twelfth day of August Nineteen hundred »"»»tantiai and and eight at page 4097 thereof under the heading " Lands Available Jmprovements for Application under section 54, Land Acts 1901-1904" the pro- 'jce^'and pagation on any such allotment of the best variety of mallee for oil KmenteTIinR

production, namely blue mallee, by systematic cultivation shall n.«. 19. 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.

598 LAND ACT 1928. [19 GEO. V.

land Ad 1915 >. 310. Interpretation.

Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants. /». s. 811.

Minister to publish notices of intended

Fourteenth Schedule.

Notices not repeated on subsequent sale of same land.

PART IX.—VACANT AND UNCLAIMED LANDS.

318. In this Part unless inconsistent with the context or subject-matter—

" 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.

319. (1) Where a Crown grant under the general law has been sealed previously to the commencement of the Real Property Act of 1862 but not delivered to the grantee, or has been sealed under that Act or under the Transfer of Land Statute of 1866 No. 301 previously to the first day of January Eighteen hundred and seventy but has not been registered under the said Act or Statute and such grant has ever since such sealing remained 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 His 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 laad 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 such intended sale to be published in the Government Gazette and in two newspapers published in the city of Melbourne in 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 Fourteenth Schedule to this Act. The Minister 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 nolices 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

No. 3709.] LAND ACT 1928. 599

sufficient to advertise such sale in the manner adopted in an ordinary Land Act 1915.

sale of Crown land.

3 2 0 . The purchase money arising from any such sale shall be Application of applied as follows :— SUET

(a) Firstly in payment of all costs charges and expenses of or ». >• si2. 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 1928 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 surplus money (if any) of the purchase moneys shall be paid with t h e K t Funds'to" privity of the Minister into the Trust Funds to an account j ^ " * ord^ a 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.

3 2 1 . The Court may from time to time make such orders as to it Power for court

seems fit in respect of the moneys so paid into and for the time'° "^tion^to being remaining deposited in such account as aforesaid upon a petition the surplus to be presented in a summary way to the Court by the grantee his Ib_,. 313, 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 if 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.

3 2 2 . Upon the expiration of three years from the payment of the subject to order surplus moneys into the said account such surplus shall if no such Sn\) ^t;

a™eI^plu,

petition has been presented within the two years prescribed by the ' ^ e of three last preceding section or subject to any order of the Court made in property of the any petition so presented become and be the absolute property of the j ^ ^ n Crown, and shall upon order of the court made in that behalf on the application oi the Minister be paid into the Treasury.

3 2 3 . (1) "When a sale of land has been advertised under the Application to provisions of this Part it shall be lawful for the person named therein fffi^Jf* as grantee his executor or administrator at any time up to within four- registration of teen days of the date fixed by the advertisement for the sale to apply(°> S?#.'sis. 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

(a) For fee, see Fifteenth Sohedule.

600 LAND ACT 1928. [19 GEO. V.

Land Act 1915.

Registrar to eubmit application to the Commissioner.

In certain events the Minister can postpone or withdraw sale.

Power of applicant to summon Registrar to show cause ii dissatisfied. lb. t. 318.

Procedure before the Court.

grantee executor or administrator (as the case may be) and verifying all the allegations of fact stated in the application.

(2) The Registrar shall submit such application and evidence to the Commissioner of Titles who shall investigate the merits of the application, and for that purpose may call for such further evidence and direct such notices to be published or served as he deems necessary, and may after such investigation in his discretion direct the Registrar to comply with such application or direct him to refuse the same, and the Registrar shall carry out such direction.

(3) The Minister may if necessary for the purposes of such investigation by the Commissioner postpone such sale : or if the application is granted withdraw the lands from sale.

3 2 4 . (1) If such applicant is dissatisfied with the refusal of the Registrar or with the direction given by the Commissioner it shall be lawful for him to require the Registrar to set forth<°> in writing under his hand the grounds of his refusal or the grounds upon which such direction was given and he may if he thinks fit at his own costs summon the Registrar to appear before the Court to substantiate and uphold the grounds of such refusal or direction 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 the right of reply, and the Court may if any question of fact be 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 proceeding 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 1928.

3 2 5 . (1) If the application for delivery or registration is granted granted certain fey d i r e c t i o n o f fche Commissioner or by order of the Court the If application granted certair payments to be

"romcont before applicant shall before such delivery or registration pay to the Minister delivery or the costs charges and expenses of and incident to the advertising or IT.t. 317.°" postponement of or wi thdrawal from sale together wi th the a m o u n t

(if any) which by section three hundred and twenty would have been chargeable upon the purchase money had the land been sold under this P a r t ; 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 direction of the Commissioner or the order of the Court granting 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 nineteen 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 twenty.

(a) For fee, see Fifteenth Schedule.

No. 370D.] LAND ACT 1928. 601

(2) The receipt of the Minister and of the Collector of Imposts Land Act ion. for the moneys so made payable to them respectively must be produced B

re

deuP'd0

bb,c

to the Registrar before he makes such delivery or registration, resist ration.

326. (1) Upon a sale under this Part whether of the whole or of Minister to Bend

any part of the land comprised in the grant, and payment of all orowhn"grant to purchase money and fulfilment of the conditions of sale on the part of f0

eIft

lr9aCt

r0}

Tlstaie

the purchaser the Minister shall direct a Crown grant of the fee-simple »., . 3i8. 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.

(2) The Registrar shall after receipt of the said grant and contract How purchasers upon production of the Collector of Imposts' receipt for the regis- ^YnaFgront"to tration fee and contribution to the Assurance Fund register and deal b<e

e!i| **ith by

with the grant in duplicate in manner prescribed by the Transfer of Land Act 1928 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.

327. No claim for compensation or damage shall lie against the No claim to Crown or Minister, or any person acting under his direction in respect "ro^n'or*the

of the minimum or upset price fixed or the price accepted, or the terms "gnie8^r

ton

covenants conditions exceptions and reservations on which the land was conditions of sold, or for any breach of covenant or other default on the part of the and purchaser

purchaser or for anything done or omitted to be done in connexion "a'o'ted by with the sale or by reason of the notice of sale not reaching the grantee, irregularities. and no person shall be bound to see or inquire whether the land offered Ib' '•S19' 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.

328. (1) The Governor in Council shall have power from time to Regulations time to make alter and rescind rules regulations and orders for all or «• »• s*o. any of the following purposes so far as such rules regulations and orders are not inconsistent with the Transfer of Land Act 1928:—

(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 twenty 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.

602 LAND ACT 1928. \19 GEO. V.

Land Act 1916. (2) All such regulations when made by the Governor in Council shall bcforVSiia- ^e published in the Government Gazette and when so published shall ment. 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.

Fees to be paid. 329 . It shall be lawful for the Registrar to demand the fees Fifteenth specified in the Fifteenth Schedule hereto, or such other fees as shall / l iTm hereafter from time to time be appointed by the Governor in Council

in lieu thereof or in addition thereto.

Definitions. lb. s. 322.

Term of leases of business sites not to exceed fifty years. lb. i. 823.

PABT X.—LEASING AND SALE OF CROWN LANDS IN THE

TOWNSHIP OF WONTHAGGI.

330 . In this Part unless inconsistent with the context or subject-matter—

" Board " means the Board of Land and Works. " Prescribed " means prescribed by regulations under this P a r t : " Regulations " means regulations under this Part.

3 3 1 . (1) Notwithstanding anything contained in section one hundred and twenty-five 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.

Revision of rent. (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 Nineteen 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 fromand after the thirty-first day of December Nineteen 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,

incoming tenant (3) Upon the expiration of the term of any lease of any Crown toprovements. ^&n^ *a * n e 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 Nineteen 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.

No. 3709.1 LAND ACT 1928. • 603

(4) The value of such improvements shall be determined by an Land Act wis. appraiser appointed by the Board and shall be paid in such manner as {^"Xed™118-

is prescribed. (5) For the purposes of this section " lessee" includes the Definition,

executors administrators or permitted assigns of the lessee.

3 3 2 . (1) So far only as regards any Crown lauds in the township of Provisions of Wonthaggi the words in sections one hundred and twenty-five and one as'tomwtmlm hundred and twenty-six of this Act or any corresponding previous ^° t

1^ot to

enactment providing for a minimum rent shall not apply. ib. *.'324. (2) Notwithstanding anything contained in any lease of an}' Crown Variation of

land in the township of Wonthaggi as a site for any purpose other than condition in for a dwelling solely the buildings erected thereon may be constructed J j ^ " ^ 8ites of such materials (not necessarily stone brick or concrete) as the Board approves.

3 3 3 . (1) Notwithstanding anything contained in this Act where Lessees to have the Governor in Council has granted a lease of any Crown land in the purchase,

township of Wonthaggi the lessee may apply in writing for permission *»• «• 32». 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 of the Lease how l -t - i . i i> n - I T surrendered.

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 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 snm or a Payment of deposit in cash of Five pounds per centum of the whole price and shall andCi.!terert0ney

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 grant. 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 in

conditions exceptions and reservations and to such restrictions as to Crow"srant' 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 execu- Executors &c. tors or administrators or permitted assigns of the lessee.

334 . (1) Notwithstanding anything contained in section one hun- HiKhtof dred and thirty-one where any person being the licensee, under section Sentia?' one hundred and twenty-nine or any corresponding previous enactment ]

s |n01eeld under

of any Crown land in the township of Wonthaggi as a site for a n s 320. 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

604 LAND ACT 1928. [19 GEO. V.

Land Act 1916.

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.

Executors &c. of licensee.

Persons being tenants of State-owned cottages to have right of purchase. lb. *. 827. Agreement to purchase.

Purchase money — how payable.

Transfer of interest in agreement. Issue of Crown grant.

Conditions in Crown grant.

Executors &c. of purchaser.

Crown grant of certain lands In Wonthaggi to be subject to mortgage of purchaser's Interest In agreement for sale thereof. Land Act 1921 s. 31.

in Council have the right to purchase such land and the Governor in Council may sell to such person such laud 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.

3 3 5 . (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 laud 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) Ou 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.

3 3 6 . Where on any sale by the Governor in Council of any Crown lands pursuant to either of the two last preceding sections—

(a) an agreement as to such sale has been entered into between the Governor in Council and the purchaser ;

(b) by such agreement the purchaser is (with the consent of the Governor in Council but not otherwise) 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 laud; and thereupon such mortgage shall

No. 3709.] LAND ACT 1928. 605

by the operation of this Act apply to such Crown grant and to the land Land Act 1921. 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.

337. If any person holds in fee simple any land to which this Lands hew Part refers or any estate or interest in any such land contrary to the OTco'Simsin provisions of this Part or the conditions of any Crown grant issued f0

rrafe;tS

atobHis therefor such land estate or interest shall be liable to be forfeited to -Majesty. His Majesty. f a $ 8 A c n 9 1 &

338. (1) No Crown grant or lease or licence of Crown lands in the validation township of Wonthaggi issued on or after the fourth day of January crown'grants Nineteen hundred and ten and before the twenty-first day of December J|'^Je*

nd

Nineteen hundred and twenty -one shall be deemed to be invalid by Land Act 1921 reason only of any non-compliance with the provisions of section *•32-eighty-five of the Coal Mines Regulation Act 1928 or any correspond­ing previous enactment.

(2) Notwithstanding that the provisions of the said section eighty- Power to issue

five are not complied with, Crown land in the township of Wonthaggi'^an" lease? may pursuant to the provisions of any Act for the time being in force a"?and

ea£es

relating to Crown lands be sold or leased or licensed under a lease w?n^gtB i

d, or licence enabling the lessee or licensee to acquire the fee-simple SonKjompiianc"8

thereof and the Crown grant lease or licence of the same may be issued ^^JitionAct* accordingly. 1928-

339. (1) The Governor in Council may make regulations not Regulations. inconsistent with this Part prescribing all matters which are required or ^a^Act 1916

permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(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 as least twenty-one days before such regulations are approved by the Governor in Council.

PAET XI.—MINERAL ^SPRINGS ON CROWN LANDS.

340. This Part shall be read and construed as one with Part I. of construction, this Act. «• •• 330.

341. The Minister for the time being administering the Depart- Administration,

ment of Forests shall administer this Part. Ib- »•SS1-

342. In this Part unless inconsistent with the context or subject- Definitions. matter— lb- *• 332-

" Committee " means the Mineral Springs Reserves Committee " Committee."

under this Part : " Mineral Springs Reserve" means any Crown lands reserved 'Mineraispnngs

in pursuance of this Part or any corresponding previous I?eserve

enactment.

this Part. lb. s. 334.

lb. s. 336. Tenure of office.

606 LAND ACT 1928. [19 GEO. V.

Land Act 1915. "Prescribed" means prescribed by this Part or the regulations : "Prescribed." "Regulations" means regulations under this Part or Part I. "Regulations." of this Act.

Permanent 3 4 3 . The Governor in Council may under section fourteen per-mfne 'spV" . manently reserve any specified areas of Crown lands (including State it. B. 333. 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.

Crown lands 344 . Any Crown land on which there is a mineral spring and riser ed for which before the commencement of this Act was permanently reserved mineral sprintr o n ^hat account under section ten of the Land Act 1915 or under purposes to be . . „ .

dealt with under any corresponding previous enactment shall it such reservation is still in force be deemed a Mineral Springs Reserve and shall be subject to the provisions of this Part.

Hepburn 345 . Nothing in this Part shall apply to the land described in spring t n e Schedule to the Hepburn Springs Land Act 1903. ib.». 335. 346 . (1) The Governor in Council may appoint a Committee of Reserves pr"'g9 not less than five persons to be called the Mineral Springs Reserves, committee. Committee.

(2) No person shall unless with the approval of the Minister be appointed a member of the Committee for a term of more than 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.

Chairman. (3) The Governor in Council may appoint one of the members of the Committee to be the chairman of the Committee.

Removal. (4) The Governor in Council may remove the chairman or any member of the Committee and fill any vacancy or vacancies occurring from time to time.

Vacancies. (5) D u r i n g any vacancy in t h e Commit tee t h e cont inuing members subject to there be ing a quorum may act as if no vacancy existed.

Quorum. (6) A quorum of the Commit tee shal l consist of not less t h a n th ree members .

Chairman. (7) At any meeting of the Committee the chairman or in his absence any member elected to act as chairman of such meeting shall preside and have a second or casting vote.

Absence trom (8) Any member of the Committee who is absent from four disqua'uflcation. consecutive meetings of the Committee without leave of absence being

granted him bv the Committee shall forfeit his seat thereon and his seat shall be vacant accordingly.

Appointment of 347 . The Committee may subject to the approval of the /o°ret337 Governor in Council appoint an officer in the public service to act as

its secretary and subject to such approval may at any time cancel such appointment.

Dutiesofthe 3 4 8 . (1) Subject to this Part the Committee— /kTsss."' (a) ^s hereby charged with the protection preservation and

improvement of all mineral springs reserves ; Control of (b) shal l have the control m a n a g e m e n t and regulat ion of a l l Kiserves.spria88 mineral springs reserves and authority to collect and

receive all moneys tolls entrance fees and other charges as may be prescribed ;

No. 3709.1 LAND ACT 1928. 607

. (c) shall have full power in the name or names either of any Land Act wis. one or more of its members or of some person or persons LeKf' appointed in that behalf by the Committee to take legal proceedings in a court of petty sessions for any offence under Jjhis 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 • ! i prescribed as are prescribed ; -duties.

(e) may appoint or authorize local committees or any person or Authority to persons to carry out any particular act or acts or any coinm'itte'es'&c 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 Revenues, collected under this section shall be paid into the Consolidated Revenue.

349. I t shall be the duty of all bailiffs of Crown lands forest Bailiffs and officers inspectors of mines members of the police force State school the dmhuTtra" teachers and employes of the Railway Department to aid in carrying out JJSuia'.ionsand

the provisions of this Part or any regulations and all such officers and /6.». 339. employes are hereby authorized accordingly and shall severally act in aid of and be auxiliary to each other for the said purpose.

350. The Committee may in all cases where power is given Authority of by this Part to appoint or authorize any person or persons for a Sppolnted t>y particular purpose or to do a particular act appoint or authorize such Snde™Aote

person or persons generally for any such purpose or purposes; and n.,. 340. 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.

351. (1) The Governor in Council may make regulations for all Regulations or any of the following purposes:— n>.t.8«.

(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 :

(e) for the destruction of vermin and prevention of fires on such reserves:

fi08 LAND ACT 1928. [19 GEO. V.

Land Act 1915. ( / ) for all mat te rs which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to th is P a r t ; and

(g) for imposing auy penalty not exceeding Ten pounds for any contravention of any such regulations,

publication. (2) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Par l iament within fourteen days after the m a k i n g thereof if Par l iament is then si t t ing, and if Pa r l i amen t is not then si t t ing then within fourteen days after the next meet ing of Par l iament .

(3) Copies of all such regulations shall be posted in conspicuous places on the mineral springs reserves.

Leases for 3 5 2 . Notwi ths tanding anyth ing contained in any Act the and^rizuig'^8 Governor in Council or any person duly authorized by the Governor iioence-. in Council in that behalf may on the recommendation of the ib.«. 342. Committee in respect of any mineral springs reserve or any par t

thereof— (a) grant under sections one hundred and twenty-five and one

hundred and twenty-six of this Act leases for the working of mineral springs ; or

(b) g ran t under section one hundred and twenty-five one hundred and twenty-six or one hundred and twenty-nine leases or licences for any of the purposes for which leases or licences may be granted under any of the said sections ;

(cj g ran t under section one hundred and twenty-one of th is Act or section fifty-eight of the Forests Act 1928 licences for grazing purposes.

Annual report. 3 5 3 . (1) The Committee shall prepare for the Minister not later ib.«. 343. than the thi r t ie th day of September in each year an annual report to

the preceding thi r t ie th day of J u n e of all proceedings under this P a r t . (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.

Construction. Tourists* Resorts Act 1922 s. 1. Interpretation. Ib.s.2.

" Board."

" Committee."

" Prescribed."

" Publlo authority."

PART XII.—TOURISTS' RESORTS.

354. This Part shall be read and construed as one with Part I .

355. In this Part unless inconsistent with the context or subject-matter—

" Board " means the Board of Land and Works. " Committee" means the Tourists' Resorts Committee under

this Act. " Prescribed " means prescribed by this Par t or the regulations. " Public authority" means the Victorian Railways Commis­

sioners, the State Rivers and Water Supply Commission,

JSTo. 3709.] LAND ACT 1928. 609

the Country Roads Board, the Closer Settlement Board, Tourists' Resorts

the Forests Commission, the State Electricity Commission Act 1922-

of Victoria, any waterworks trust or local governing body within the meaning of the Water Ant 1928, the Melbourne and Metropolitan Board of Works, the Geelong Water­works and Sewerage Trust, and any other body of persons corporate or noncorporate or any person which or who is declared by the Governor in Council by Order published in the Government Gazette to be a public authority for the purposes of this Part.

"Regulations" means regulations made under this Part. •• Regulations." "Tourist resort a rea" means any Crown lands proclaimed as a "Touristresort

tourist resort area under this Part. "**' . ..,„,„ ~ . , , . , * - i i ' i - i - <-. lMnd Act 1915

" lounsts resort means any Crown lands (including State <A-«. 2>». 4. forests and water reserves) proclaimed as a tourists' resort "Tourists'

j i L ' T> J. resort."

under this Part. " Tourists' road" means any road to in through or near a "Tourists'

tourists' resort or any part of any such road which road or road'" part thereof is proclaimed as a tourists' road under this Part.

356 . (1) The Governor in Council may proclaim as a tourist Touris t r esor t

resort area any area within any Crown lands (including Crown lands "eas" which are reserved from sale under section fourteen).

(2) In any part of any such tourist resort area where there is no Board may adequate accommodation for the public the Board may erect and shall ere° u ngs

be deemed to have had power whether before or after the commence­ment of this Act or any proclamation under this section to erect buildings for the accommodation or convenience of the public in the lands comprised in such tourist resort area and to grant a lease or permit the use of such buildings and their appurtenances.

(3) Where within any such area so proclaimed there have been or and grant are erected by the Board whether before or after the commencement of this Act or any proclamation under this section any buildings for the accommodation or convenience of the public the Governor in Council may notwithstanding anything in any Act grant a lease or permit the use of any portion of such area upon which the said buildings are erected not exceeding three acres in extent for such term not exceeding five years as the Governor in Council thinks fit.

(4) Every lease under this section shall contain such provisions conditions &o. covenants and conditions and every permit under this section shall be subject to such conditions as the Governor in Council thinks fit for the payment of rent or fees or for any other purpose (including the prevention of any undue interference by the lessee or occupier with the rights or convenience of the public lawfully using or permitted to use such area or with the purposes for which the lauds in such area are permitted to be used by the public or were reserved).

357 . (1) The Governor in Council may from time to time by power to proclamation published in the Government Gazette declare any ?™°ri

aJ? specified area of any Crown lands (including State forests and water resorts. ^ reserves) not being in any city town or borough whether or not the 2e?i922 fTr t* said lands are reserved under any Act or whether or not this Act applies to the said lands, which area by reason of its scenic beauty .

VOL. in.—39

610 LAND ACT 1928. [19 G20. V.

Tourias Resorts or grandeur or other attractions it is expedient in the opinion of the Aa1922- Governor in Council to so declare, to be a tourists' resort for the

purposes of this Act. Tourists' roads. (2) The Governor in (Jouuc.il may by proclamation published in

the Government Gazette declare any road to in through or near a tourists' resort or any part of any such road to be a tourists' road for the purposes of this Part.

Eevocation &o. (3) The Governor in Council by proclamation published as afore-of proclamation. g a y m a y r e voke or vary any proclamation under this section.

3 5 8 . Where any tourists' resort is portion of lands vested in or !SnBoaVrd'peubiio u r ider the control or management, of the Board or an}* public authority authority or vested in trustees or in the Hoard and trustees or where a committee

of management has been appointed with respect to any such-lands the powers of the Committee with respect to such tourists' resort shall uot be exercised unless with the consent of the Board or the said public authority or the said trustees or the Board and the said trustees or the said committee of management (as the case may be).

As to Crown lands vested

authority trustees <Ssc lb. i. 4.

Tourists' Resorts Committee.

lb. s. 6.

Tenure of office,

Chairman.

359. (1) The Governor in Council may appoint a committee of not less than three persons to be called the Tourists' llesorts Committee.

(2) JSTo person shall be appointed a member of the committee for a term of more than 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 re-appointment.

(3) The Governor in Council may appoint one of the members of the committee to be cha i rman of the commit tee .

Bemovai. (4) The Governor in Council may remove the cha i rman or any member of the commit tee and fill any vacancy or vacancies therein occurring from t ime to t ime.

Vacancies. (5) During any vacancy in the committee the continuing members

subject to there being a quorum may act as if no vacancy existed. Quorum. (6) Unless and unt i l otherwise prescribed by the regulat ions a

quorum of the committee shull consist of not less t h a n two members . chairman. (~) At any meet ing of the commit tee the cha i rman or in his

absence any member elected to ac t as cha i rman of such mee t ing shall preside and have a second or cas t ing vote.

Absence from (8) Any member of the commit tee who is absent from four disquauncation. consecutive meetings of the committee wi thout leave of absence being

granted him by the committee shal l forfeit his seat thereon and his seat shal l be vacant accordingly.

First meeting. (9) The present members of the Touris ts ' Hesorts Commit tee shal l for the respective t e rms for which they were appointed continue to be members as if appointed ,mder this P a r t .

Appointment of 3 6 0 . The committee may nubject to the approva l of the Governor / I T " y *n ^ o u n c i l appoint an officer in the public service to act as i t s

secretary and subject to such approval may a t any t ime cancel such appointment.

No. 3709.1 LAND ACT 1928. 611

3 6 1 . (1) Subiect to this Part the committee— Tourist*' setortt * AH 1922 9. 7.

(a) shall have and may exercise such powers and shall perform DutIes of tno' such duties with respect to the protection preservation <=omm<ttee-and improvement of tourists' resorts and with respect to tourists' roads as are prescribed :

{b) may make recommendations to the Minister of the Depart- Kecommen-ment concerned with respect to any matters relating to as to tourists' the protection preservation and improvement of tourists' JSSJj?""1

resorts or relating to tourists' roads, and, if so requested by the Minister of the Department concerned, with respect to the allocation or apportionment of auy moneys made available by Parliament for the aforesaid purposes; and

(c) generally, may act in an advisory capacity to the Minister General, of any Department concerned in the administration of matters relating to tourists' resorts or tourists' roads. xi>

362 . (1) The Governor in Council may make regulations for or Power to make.-iu r e s p e c t of— regulations.

r lb. i. 8. (a) prescribing such matters incidental to the appointment

resignation and removal of members of the committee and to the performance of the duties of the committee and the regulation of its proceedings as are necessary or expedient;

(/>) prescribing the portions of the year and the days and the hours during which tourists' roads or any of them may or may not be used for traffic and regulating or prohibiting1 the use of such roads by any kind of vehicle or traffic likely to damage the same, and generally regulating traffic on such roads;

(c) 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 Pa r t ; and

(d) 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) The powers conferred' by the regulations shall be read and saving.' construed as in aid and not in derogation of the powers conferred by any Act on the Board or any public authority or any trustees or the Board and any trustees or any committee of management with respect to any Crown lands or any roads.

(4) Where any by-law or regulation of the council of any By-laws &c. municipality under the Loral Government Act 1928 (whether made to<^Si!Stent under the said Act or any other Act) is inconsistent with any regulation with regulations of the Governor in Council under this section the provisions of the ereuu r' last-mentioned regulation shall prevail and the provisions of the first-mentioned by-law or regulation shall to the extent of the inconsistency have no force or effect.

612 LAND ACT 1928. [19 GEO. V.

Touristt' Resorts Act 1922. As to notices ' and consents of councils with respect to stopping traffic &c.

Copies of proposed regulations to be sent to municipalities affected.

Provision for securing co-operation in odministration.

(5) The provisions of the regulations under this section shall have full force and effect notwithstanding anything contained in sub-sections (1) and (2) of section five hundred and thirty-nine of the Local Government Act 1928 or any notice or consent thereunder given by the council of any municipality or any officer thereof; but the said sub­sections and every such notice o consent shall, save so far as the same are inconsistent with the provisions of any such regulations, continue to have full force and effect.

(6) When in the opinion of the Minister any Order under sub­section (3) of the said section five hundred and thirty-nine is in whole or in part inconsistent with the provisions of any of the regulations made under this section the Governor in Council may without prejudice to any other power of revocation or variation thereof revoke or vary the said Order.

(7) Where any regulations proposed to be made under this section affect or are likely to affect any municipality copies thereof shall be sent to every such municipality at least six weeks before the making of the regulations.

(8) Where this Part and any Act or enactment administered in any Government Department or by any public authority deal with the same or the like subject-matters or contain provisions for the making of by-laws or regulations relating to the same or the like subject-matters it shall be the duty of the permanent heads of the several Departments concerned and of the proper officers of the public authorities concerned before any such regulations or by-laws are made or (as the case may be) submitted to the Governor in Council for his approval to confer with one another so as to secure so far as practicable that the regulations and by-laws shall be uniform and consistent; and the power to make regulations under this section shall include a power to make regula­tions for carrying into effect the purpose of this sub-section.

SCHEDULES.

Seotion 2. F I R S T S C H E D U L E .

Number of Act.

1792 ... 2676 .. .

2770 .. . 3105 ...

3166 ... 3238 . . . 33"2 ...

Title of Act.

MaUee Land Account Act 1902 Land Act 1915

Land Act 1915 (Wo. 2) Land Act 1920

Land Act 1921 Tourists' Resorts Act 1922 Land Act 1923

Extent of Repeal.

T h e whole . So much as is n o t

a l r eady repealed. T h e whole. So much as is no t

o therwise r epea l ed . T h e whole . T h e whole . So much as is no t

o therwise repealed .

No. 3709.1 LAND ACT 1928. 613

SECOND SCHEDULE. S e c t i o n s 6_ 20>

The lands comprised within each of the following classes, namely :— loi8?!?9!^ ' 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, Borung, Bourke, Buln Buln, Croajingolong, Dalhousie, Dargo, Delatite, Dundas, Evelyn, Follett, Gladstone, Grant, Grenville, Gunbower, Hampden, Heytesbury, Kara Kara, Karkarooc, Lowan, Millewa, Mpira, Mornington, Normanby,-Polwarth, Kipon, Rodney, Talbot, Tambo, Tanjil, Tatchera, Villiers, and Wonnangatta, which maps were lodged with the Clerk of the Parliaments on the nineteenth day of December Eighteen hundred anrl 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.

THIRD SCHEDULE. Sections 83,206. The licensee [or lessee] for himself his executors administrators and assigns further

covenants with His Majesty his 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 His Majesty his 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 His Majesty his heirs and successors.

FOURTH SCHEDULE. Section 106. 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 Government Gazette the Governor in Council has declared or declares to be swamp or reclaimed land within the meaning of this Schedule.

614 LAND ACT J 928. [19 GEO. V.

Sections, 114, 244.

P I P T 2 SCHEDULE. TABLE of half-yearly payments for every One hundred pounds a t the rate of Four

pounds ten shillings per centum for interest and the balance in reduction of principal, such half-yearly paymonts beginning a t expiration of first half-year, and repaying the balance of purchcEO-money by sixty-three half-yearly instalments.

Hall-year.

1st 2nd 3rd 4th 6th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25tb 26tb 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th 37th 38th 39th 40th 41st 42nd 43rd 44th 45th 46th 47th 48th 49th 50th 61st 52nd 63rd

Total Payment for Half-year.

£ s. d.

3 3 3 3 3 3 3 3 3 3 3 3 3

3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3 0 0 3 0 0 3 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3 0 0 3 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

On Account of Interest at

Four and a half per cent.

£, s. d.

0 8 4 0 7 3

10 6 1 8 3

0 10 0 5

1 16

18 10 13 3 12 8 12 11

1 10 10 9 8 8 7 4 6 7 5 10

1 10 0 11 0

0 19 0 18 0 17 0 16 0 15 0 14 0 13 0 12

On Account of Principal.

£ a. d.

0 15 0 15 0 15 0 16 0 16 0 16 0 17 0 17 0 17 11 0 18 0 18 0 19 0 19

0 11 1 5 1 11 2 6 2 11 3 6 3 11 4 6

9 11 10 11 12 12 13 14

1 14 11 15 16 17 18 19 19 11 0 10

Balance of Principal owing.

£ a. d.

99 5 98 9 97 14 98 18 96 1 95 4 94 7 93 10 92 12 91 13 11 90 15 2 89 16 0 83 10 5 87 16 6 86 15 11 85 15 0 84 13 83 11 82 9 81 6 80 2 78 19 77 14 76 9 75 3 73 17 72 11 71 3 69 16 68 7 66 17 10 65 7 11 63 17 62 6 60 14 59 1 57 8 55 13 10 53 18 11 62 3 2 50 6 48 9 46 11 44 12 42 12 40 11 38 9 36 34 31 18 29 13 27 6 24 18

0 8 0 0 7

: 10 8 2 3

7 8 3 4 11 0 6 6 11 9 0 8 8 1

8 4 2 1 2 4 7

6 11 3 3

8 0 4 8

No. 3709.1 LAND ACT 1928. 615

FIFTH SCHEDULE—continued.

Half-year. Total Payment for Half-year.

On Account of Interest at

Four and a half per cent.

On Account of Principal.

Balance of Principal owing.

iiliiiiill

• £ 8. d. 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 0 18 5

£ 8. d. 0 11 3 0 10 1 0 9 0 0 7 10 0 6 8 0 5 6 0 4 3 0 3 0 0 1 9 0 0 6

£ 8. d. 2 8 9 2 9 11 2 11 0 2 12 2 2 13 4 2 14 6 2 15 9 2 17 0 2 18 3 0 18 0

£ *. d. 22 9 11 20 0 0 17 9 0 14 16 10 12 3 6 9 9 0 6 13 3 3 16 3 0 18 0

SIXTH SCHEDULE. Section 157.

FORM OF INFORMATION AGAINST UNAUTHORIZED OCCUPANT OF CROWN LANDS.

George V., \ 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 His 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. Section 157.

EORM OF SUMMONS TO UNAUTHORIZED OCCUPANT.

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.

Given under hand and seal this day of in the year One thousand nine hundred and

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.

George V., ' to wit.

To

616 LAND ACT 1928. [19 GEO. V.

Section 158. EIGHTH SCHEDULE. FORM OF WARRANT TO DISPOSSESS UNAUTHORIZED OCCUPANT.

George V., I to wit. J

To and all members of the police

force. Whereas on the day of it was made to appear to two Justices one of whom was a Police 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

Section 177.

Section 193.

Anglesey Bendigo Bogong Borung Bourke Buln Buln

NINTH SCHEDD Dalhousie Grant Delatite Grenville Dundas Gunbower Evelyn Hampden Follett Heytesbury Gladstone Kara Kara

Lowan Moira Mornington Normanby Polwarth 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.

Rodney Talbot Tanjil Tatchera Villiers.

TENTH SCHEDULE. Commencing at a point on the Murray River six chains north from the south-east

angle of the Tyntynder pre-emptive suction 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° of south latitude; thence on the south by a line due east to the south­west 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 Wirmbircliip, Towma, and Marlbed northward to the north­west angle of the last-mentioned parish; thence east by the north boundaries of the parishes of Marlbed, Ji l Ji l , Nullawil, and Kalpienung, to the parish of Tittybong; thence by the west boundary of that parish and of the parish of Lalbert to the north­west angle of the same; thence by the north boundary of that parish, the west and 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 the junctions of the Murrumbidgee and Darling Rivers respectively; excepting therefrom that portion of country lying between the Murray River 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.

Section 193. ELEVENTH SCHEDULE. The lands not alienated from the Crown and situated in the North-Western district

of Victoria wholly or partially covered with the niallee plant and not specifically included within the boundaries set forth in the Tenth Schedule except such portions thereof os may be specially exempted by the Governor in Council.

No. 3709.1 LAND ACT 1928. 617

TWELFTH SCHEDULE. Sections 206 and The area of land in the MaUee country which may be held by any person as beneficial

owner shall be as follows :—

(o) In the case of lands which— (i.) before the twenty-fourth day of October Nineteen hundred and

eleven were declared by the Governor in Council to be available for occupation or selection and remained unselected on that date ;

(ii.) have been selected under licences dated on or after the first day of January Nineteen hundred and nine ; or

(in.) have been on or after the twenty-fourth day of October Nineteen hundred and eleven or are hereafter notified by the Governor in Council as available for being selected under selection purchase lease,

there may be held not more than— (i.) one thousand two hundred and eighty acres of first class land ; (ii.) two thousand acres of second class land;

(iii.) two thousand five hundred and sixty acres of third class land; (iv.) three thousand two hundred acres of fourth class land ; or (v.) eight thousand acres of class four A land.

(b) In the case of any other lands (other than lands situate in any city town borough or place proclaimed as a township) there may be held not more than—

(i.) one thousand nine hundred and twenty acres of first class land; (ii.) three thousand acres of second class land ;

(iii.) three thousand eight hundred and forty acres of third class land; or (iv.) four thousand eight hundred acres of fourth class land.

(c) In the case of lands partly included in paragraph (a) and partly included in paragraph (b) there may be held not more than an area equivalent to that which might have been held if such lands consisted solely of lands included in paragraph (a) or (6). For the purpose of ascertaining what area of land included in paragraph (a) is represented by any area of land included in paragraph (b) or of ascertaining what area of land included in paragraph (6) is represented by any area of land included in paragraph (a) the following rules shall apply :—

(i.) one thousand nine hundred and twenty acres of first class land included in paragraph (6) shall count as equal to one thousand two hundred and eighty acres of first class land or two thousand acres of second class land or two thousand five hundred and sixty acres of third class land or three thousand two hundred acres of fourth class land or eight thousand acres of class four A land included in paragraph (a);

(ii.) three thousand acres of second class land included in paragraph (6) shall count as equal to one thousand two hundred and eighty acres of first class land or two thousand acres of second class land or two thousand five hundred and sixty acres of third class land or three thousand two hundred acres of fourth class land or eight thousand acres of class four A land included in paragraph (a);

(iii.) three thousand eight hundred and forty acres of third class land included in paragraph (6) shall count as equal to one thousand two hundred and eighty acres of first class land or two thousand acres of second class land or two thousand five hundred and sixty acres of third class land or three thousand two hundred acres of fourth class land or eight thousand acres of class four A land included in paragraph (a) ; and

(iv.) four thousand eight hundred acres of fourth class land included in paragraph (6) shall count as equal to one thousand two hundred and eighty acres of first class land or two thousand acres of second class land or two thousand five hundred and sixty acres of third class land or three thousand two hundred acr.s of fourth class land or eight thousand acres of class four A land included in paragraph (a),

and any greater or less area of any class of any such land shall bear the like proportion to land of any other class and shall count accordingly.

618 LAND ACT 1928.

' mountainous lands " are

Olangolah Krambruk Wongarra Otway

Section 808. THIRTEENTH SCHEDULE. Parishes in which Grown lands referred to in this Act as

situate:— 1. In the county of Heytesbury, the parish of Wiridjil. 2. In the county of Polwarth, the parishes of—

Newlingrook Wyekngta Moomowroong Weeaproinah Wangerrip Moorbanool Barwongemoong Barrcmunga Aire

3. In the counties of Heytesbury and Polwarth, the parish of La Trobe. 4. In the county of Buln Buln, the perishes of—

Woorarra Mirboo Budgeree Wonyip Bulge Joeralang Gunyah Gunyah Juicbuk Callignee. Mirboo South

And in addition to the parishes hereinbefore mentioned any parishes which the Governor in Council by proclamation published in the Qovernmeni Oazette has added or adds to this Schedule.

Section SL9 FOURTEENTH SCHEDULE.

PART IX.— Land Act 1928.

NOTICE OP INTENDED SALE BY THE CROWN.

His Excellency the Governor with the advice of the Executive Council has under the authority conferred by Part IX. of the Land Act 1928 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 Crowa grant will be issued to the purchaser and the old one cancelled.

Section S29.

L\ND. [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] " Par t 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 grrut 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 th«s possession and under the control of the Crown, and can be inspected at the Office of Titles, Queen-street, M elbourne.

FIFTEENTH SCHEDULE.

Application under section 323 Inspection of grant ... Grounds under section 324 ...

Twenty shillings. Two shillings and sixpence. Five shillings.

LAND DRAINAGE. [See Drainage Areas Act 1928; Drainage of Land Act 1928; Local

Government Act 1928; Melbourne and Meirofolitan Board of Works Act 1928.]