THE IRRIGATION AREAS (LAND SETTLEMENT) ACT of

Transcription

1 79 THE IRRIGATION AREAS (LAND SETTLEMENT) ACT of 1962 No. 43 of 1962 An Act to Consolidate and Amend the Law relating to the Alienation, Leasing and Occupation of Crown Land in Irrigation Areas [Assented to 28 December 1962] 1. (1) Short title. This Act may be cited as "The Irrigation Areas (Land Settlement) Act of 1962." (2) Construction. This Act shall be read as one with "The Irrigation Acts, 1922 to 1961," and shall also be read as one with "The Land Act of " Acts referred to: Irrigation Acts, 1922 to 1965, title WATER SUPPLY AND SEWERAGE. 2. Commencement of Act. This Act shall come into operation on a date to be iixed by the Governor in Council by Proclamation published in the Gazette. Commenced 1 January 1963 (Proclamation: Gazette, 29 December 1962, p. 1617). 3. Repeals ami savings. (1) The Acts mentioned in the Schedule to this Act <ire repealed to the extent therein indicated. The said Acts are herein rcj~.:rred to as the "repealed Acts." (2) All leases of land granted or issued or deemed to be granted or issued under the repealed Acts and all or any of the following Acts. namely "The Land Acts, 1910 to 1962," "The Prickly-pear Land Acts, 1923 to 1959," and "The War Service Land Settlement Acts, 1946 to 1960," and subsisting at the commencement of this Act, shall be deemed to have becn granted~ or issued under the provisions of this Act and "The Land Act of 1962" relating to the tenure or class or mode of a class of tenure hereunder which is analogous thereto and shall in all respects continue in force and be held under and subject to this Act and "The Land Act of 1962": Provided that- (a) nothing in this Act shall extend or be deemed to extend the term of any subsisting lease which was granted for a term of years; (b) the repeal of the repcaled Acts shall not affect in any way the jurisdiction of the Court to hear and determine the matter of the annual rent of any subsisting lease for any rental period commenced before the commencement of this Act;

2 80 LAND Vol. 9 (e) the tenures of all subsisting prickly-pear development grazing homesteads, prickly-pear development grazing farms, development grazing homesteads, development grazing farms, perpetual lease prickly-pear selections and perpetual lease prickly-pear development selections held under the repealed Acts and all or any of the other Acts mention<!d in this subsection, shall be converted under the relevant provisions of Part IV of "The Land Act of 1962" and this Act; (d) notwithstanding the repeal thereof by this Act the repealed Acts shall be deemed to continue in force to the extent necessary to give operation and effect to the provisions of this proviso. (3) The Perpetual Town Lease issued pursuant to "The Hotel Theodore Sale Acts, 1954 to 1959," shall be deemed to have been issued under the provisions of this Act and "The Land Act of 1962", and, subject to "The Hotel Theodore Sale Acts, 1954 to 1959," shall in all respects continue in force and be held under and subject to this Act and "The Land Act of 1962." (4) (a) All applications for land made under the repealed Acts prior to and pending at the commencement of this Act shall be deemed to have been made under the analogous provisions of this Act and "The Land Act of 1962." (b) If at the commencement of this Act any person has been allotted priority of selection of any portion of land pursuant to the provisions of section six of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," and the land has not been selected, such person's occupation and improvement of the land shall continue and the opening and selection of the land shall be effected subject to and in accordance with the relevant provisions of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," and "The Land Acts, 1910 to 1962," as if such Acts had not been repealed, but any lease issued after the commencement of this Act to any such person, pursuant to the approval by the Court of an application by him, shall be issued under, subject to and in accordance with the analogous provisions of this Act and "The Land Act of 1962" for the class or mode of a class of selection specified in the opening notification. (e) Every application to select land approved by the Court before the commencement of this Act in respect whereof a license to occupy was not issued under the repealed Acts shall be deemed to be pending at the commencement of this Act and, where the selector has not made any payment required to be made by him for improvements on the land, the time within which the Land Act prescribes that such payment shall be made, shall commence to run on the date of the commencement of this Act. (5) Tn the case of any pastoral lease, settlement farm lease or grazing selection under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section which expired prior to the commencement of this Act- (a) if the land or part of the land comprised therein is open for selection at thc commencement of this Act with priority of application to the late lessee, the late lessee may excrcise that right and the land be applied for a<; if the relevant provisions of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961,"

3 IRRIGATION AREAS, ETC., ACT OF 1962 s.3 81 and "The Land Acts, 1910 to 1962," had not been repealed, save that after approval of the application by the Court the lease shall be issued and held subject in all respects to this Act and "The Land Act of 1962"; (b) if the land comprised therein has not been dealt with by the Minister, the late lessee's right of priority of application pursuant to section seventy-two of "The Land Acts, 1910 to 1962," shall be deemed to be a right to receive an offer of a new lease pursuant to Division II of Part VI of "The Land Act of 1962" and the lease shall be deemed to be an expired lease under this Act and "The Land Act of 1962." In this subsection the term "late lessee" has the meaning assigned to it by Division II of Part VI of "The Land Act of 1962." (6) The lease of every settlement farm lease, grazing selection or pastoral lease under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section subsisting at the commencement of this Act shall be deemed to contain a covenant entitling the lessee at the expiration of such lease to the right to receive an offer of a new lease as conferred by Division II of Part VI of the Land Act. (7) All Crown land held at the commencement of this Act under occupation license granted under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section shall be deemed to be granted and held under the analogous provisions of this Act and "The Land Act of 1962" and shall in all respects be subject to this Act and "The Land Act of 1962" accordingly. (8) Any application pursuant to the provisions of subsection (4) of section I1F of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," received by the Minister before the date of the commencement of this Act and not dealt with by the Governor in Council, shall be deemed to be an application made pursuant to section forty-three of this Act and shall proceed or continue to be dealt with accordingly. (9) Evtry sale of Crown land to which the provisions of subsections (2) or (3) of section I1F or section I1G of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," applied and in respect whereof a deed of grant shall not have issued prior to the commencement of this Act shall be deemed to he a sale under the analogous provisions of this Act and "The Land Act of 1962" and shall in all respects be subject to this Act and "The Land Act of 1962" accordingly. (10) The repealed Acts and the Acts repealed by ''The Land Act of 1962," shall, notwithstanding their repeal, be deemed to continue in force to the extent necessary to commence and finalise any procedure, matter, thing, hearing or payment of money not commenced, finalised or paid at the commencement of this Act in respect of a resumption of land made pursuant thereto before the commencement of this Act. (11) (a) Subject to this Act, all Proclamations, Orders in Council, and regulations made, all notifications published, all appointments made, all forms promulgated, all registers kept, and all things lawfully done under the repealed Acts, or under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section, and in force or subsisting

4 82 LAND Vol. 9 at the commencement of this Act, shall continue to be of full force and effect, and shall, so far as is consistent with this Act, be deemed to have been made, published, promulgated, kept, or done under the analogous provisions of and for the purposes of this Act and "The Land Act of 1962." (b) Every mortgage, charge, sublease, easement, agreement or order affecting a holding and registered under the repealed Acts or "The Land Acts, 1910 to 1962," and subsisting at the commencement of this Act, shall be deemed to be a mortgage, charge, sublease, easement, agreement or order, as the case may be, with respect to such holding for all the purposes of this Act, and shall have the same effect as if it had been registered under this Act. (c) The said repeal shall not affect the previous operation of the repealed Act~, or any acquisition of land, act, right, agreement, grant, or title validated or confirmed thereby, or anything duly done or suffered thereunder, or any pending inquiry, hearing, appeal, or other legal proceeding, but, suhject to this Act, the same may proceed as if this Act had not been passed. (12) Nothing in this section shall be construed so as to limit the operation and effect of "The Acts Interpretation Acts, 1954 to 1962." ( i 3) The repe~d of the repealed Acts shall not aftcct the continuity of the niste;;cc of the Irrigation Area known as "The Daw"on Va!ley Irrigation Area," it being hereby cleclared that, as from the C011l1l1encc:nent of this Act. that li'rig",tion Area,!S subsisting immediately prior to the commencement of this Act shall be deemed to be constituted under "The I rrigation Acts, 1922 to 1961." /\ch referred to: Land Acts, 1910 to 1962 (repealed). Prickly-pear Land Acts, 1923 to 1959 (repealed). War Service Land Settlement Acts, 1946 to 1960, p. 517, post. Land Acts, 1962 to 1965, p. 113, post, Hotel Theodore Sale Acts, 1954 to 1959 (not reprinted). Irrigation Areas (Land Settlement Acts, 1933 to 1961) (repealed). For the clreet of rcpeal generally, see Acts Interpretation Acts, 1954 to 1962, 'os , title ACTS OF PARLIAMENT, Vol. 1, p. 86. All records, etc" kept pursuant to this Act are in the Department of Lands, s, Interpretation of terms. (1) In this Act, unless the context otherwise indicates the following terms have the meanings set against them respectively, that is to say:- "Commissioner of Irrigation and \Vater Supply"-The Commissioner of Irrigation and Water Supply under and within the meaning of "The Irrigation and Water Supply Commission Acts, 1946 to 1949"; "Dry" as applied to land-land not commanded by gravitation from works of the irrigation undertaking in relation to which the I rrigation Area is constituted; "Irrigable" as applied to land-land of such situation and quality as to be capable of being irrigated from the works or proposed works of an irrigation undertaking under and within the meaning of "The Irrigation Acts, 1922 to 1961";

5 IRRIGATION AREAS, ETC., ACT OF 1962 ss "Irrigation Area"-An Irrigation Area under and within the meaning of "The Irrigation Acts, 1922 to 1961"; "Land Act"-"The Land Act of 1962", or any Act in amendment of or substitution for that Act, and all regulations in force for the time being made or purporting to be made under any such Act; "Minister"-The Minister for Public Lands and Irrigation or other Minister of the Crown for the time being charged with the administration of this Act; "Non-irrigable" as applied to land-land situated within the region of the channel system of an Irrigation Area but which, owing to its character or other circumstance, is not suitable for irrigation; "Project Engineer" -The officer in charge of an Irrigation Area; the term includes a District Engineer and, where necessary, any person for the time being performing the duties and functions of the officer in charge of an Irrigation Area. (2) Any term used in this Act to which a meaning is assigned by the Land Act or "The Irrigation Acts, 1922 to 1961," shall, unless this Act provides otherwise, have that meaning. Acts referred to: Irrigation and Water Supply Commission Acts, 1946 to 1949, title WATER SUPPLY AND SEWERAGE. Irrigation Acts, 1922 to 1965, title WATER SUPPLY AND SEWERAGE. Irrigation Areas are defined by s. 2 of the Irrigation Acts, 1922 to 1965, title WA TER SUPPLY AND SEWERAGE. An area is created pursuant to s. 9 of those Acts. 5. Opening of land for pastoral lease and withdrawing same. (1) The Minister, with the approval of the Governor in Council, may, by notification published in the Gazette, declare any Crown land within an Irrigation Area open for pastoral lease under the provisions of this Act and the Land Act under the following classes of tenure, namely:- (a) pastoral holding; or (b) pastoral development holding; or (c) preferential pastoral holding. Land shall be declared open for pastoral lease under pastoral development holding tenure only where the cost of developing the land will be abnormally high, and where developmental conditions are imposed calculated to improve the carrying capacity and productivity of the land and to develop the public estate. (2) Land declared open for pastoral lease under the provisions of this Act and the Land Act shall, at and after the time appointed by the opening notification, be open for lease in accordance with the notification. (3) At any time after the publication of the opening notification, but before the Commissioner accepts an application to lease, the Minister may in his discretion withdraw any land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette.

6 84 LAND Vol. 9 (4) All the provisions of the Land Act relating to pastoral leases shall be applicable to pastoral leases applied for, acquired, and held under this Act and the Land Act. The relevant provisions of the Land Acts, 1962 to 1965, are ss , p. 159, post. Crown land-see ibid., s. 5, p. 120, post. Irrigation area-see s. 4, ante, and Irrigation Acts, 1922 to 1965, 55. 2, 9, title WATER SUPPLY AND SEWERAGE. For what the opening notification shall specify, see s. 12, post. 6. Application for stud holding. (1) A lessee of a holding, or of two or more adjacent holdings worked conjointly within an Irrigation Area which has or have been developed and used for the production of stud merino sheep or of any breed of stud beef cattle may apply to the Minister to have the tenure of his holding or holdings converted to a stud holding. (2) All the provisions of Division II of Part III of the Land Act shall be applicable to applications for conversions of tenures to stud holdings, and to the granting and holding of stud holdings. Division II of Part III of Land Acts, 1962 to 1965 (ss ), p. 171, post, deals with stud holdings. 7. Opening of land for occupation license and withdrawing same. (1) The Minister may, in his discretion, by notification published in the Gazette, declare any Crown land within an Irrigation Area open for occupation under this Act and the Land Act under occupation license, subject to any conditions as he deems fit. (2) Land declared open for occupation license under this Act and the Land Act shall at and after the time appointed by the opcning notification be open for occupation undcr occupation liccn~e in accordance with the noti fication. (3) At any time after publication of the opening notiflcation, but before the acceptance of an application by the Commissioner, the Minister may, in his discretion, withdraw any land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette. (4) The Minister may, in his discretion, without notification published in the Gazette, grant to any person an occupation license under this Act and the Land Act, subject to any conditions as he deems fit, in respect of any Crown land within an Irrigation Area at such annual rent per square mile or such total annual rent as may be fixed by the Minister. (5) If, before the resumption of the whole or part of a pastoral lease within an Irrigation Area takes effect, or if before the expiration of the lease of a pastoral lease, grazing selection, or settlement farm lease within an Irrigation Area, or if before the surrender of a holding within an Irrigation Area pursuant to the provisions of Division I of Part VI of the Land Act the lessee thereof shall have made an application to the Minister for an occupation license in respect of the resumed land or land comprised in the lease, the Minister shall grant to such lessee an occupation license under this Act and the Land Act of so much of

7 IRRIGATION AREAS, ETC., ACT OF 1962 ss the land the subject of the application as the Minister deems fit, and at such annual rent per square mile or such total annual rent as the Minister fixes. The Minister may subject such an occupation license to any conditions as he deems fit. Unless the application is made within the time prescribed by this subsection, the lessee shall not have any right or claim to the grant of an occupation license under this subsection. (6) All the provisions of the Land Act relating to occupation licenses shall apply to the opening of Crown land within an Irrigation Area for occupation under occupation license and to such licenses respectively applied for, granted, acquired, or held under this Act and the Land Act. Crown land-see Land Acts, 1962 to 1965, s. 5, p. 120, post. Occupation license-see ibid., S , p. 177, post. Opening notification-see ibid., ss , p. 159, post, and s. 12 of this Act. Irrigation Area-See s. 4 and note thereto. 8. Opening land for selection and withdrawing same. (1) The Minister, with the approval of the Governor in Council, may by notification published in the Gazette, declare country land within an Irrigation Area open for selection under this Act and the Land Act either as surveyed land or as designed land pursuant to a method of application as in this Act provided. en Land declared open for selection unger this Act and the Land Act shall at and after the time appointed by the opening notification be open for selection in accordance with the notification. (3) At any time after the publication of the opening notification but before the Commissioner or the Committee of Review, as the case may be, accepts an application to select the Minister may, in hi~ discretion, withdraw any land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette. Act referred to; Notification-See Land Acts, 1962 to 1965, 5S , p. 159, post. Country land-see ibid., s. 5, p. 120, post. Irrigation Area-See s. 4 and note thereto. Classes and modes of selection pursuant to this Act-See s. 9. As to what the opening notification shall specify, see s Classes and modes of selections. (1) Subject to this Act and the Land Act land within an Irrigation Area may be opened for selection, applied for and selected, and leases may be issued and held under this Act and the Land Act under any class, or any mode of a class, of selection set out in this subsection, namely- (a) agricultural selection, which may be (i) agricultural farm; or (ii) perpetual lease selection: (b) settlement farm lease;

8 86 LAND Vol. 9 (c) grazing selection, which may be (i) grazing homestead; or (ii) grazing farm. (2) Land within an Irrigation Area may be opened for selection under this Act and the Land Act alternatively as either an agricultural farm or a perpetual lease selection. (3) Land may be declared open for selection under this Act and the Land Act as a grazing farm only in a case where the Land Administration Commission certifies to the Minister that the area thereof does not, in its opinion, constitute a living area, and the notification opening such land as a grazing farm may declare that the selection shall be exempt from the condition of occupation. (4) A lease under this Act and Part VI of the Land Act (whether in substitution for or upon the expiration of the subsisting lease) of the whole or part of the land comprised in a selection, or a lease under this Act and Division VI of Part X of the Land Act of an additional area, may be issued in any class or mode, other than agricultural farm, of a class of selection specified in subsection (1) of this section: Provided that- (a) a lease under this Act and Part VI of the Land Act as a grazing farm shall issue only in respect of an area certified to the Minister by the Land Administration Commission to be, in its opinion, less than a living area and in such case, or in the case of a grazing farm the lease whereof issued pursuant to this Act and Division VI of Part X of the Land Act, the Minister may, in his discretion, exempt the lease from the condition of occupation; and (b) a lease as a grazing homestead shall not be issued under this Act and Division VI of Part X of the Land Act. As to agricultural farm tenure, see ss. 22, 23. As to perpetual lease selection, see ss. 24, 25. For opening for selection, application, and selection, see Land Acts, 1962 to 1965, ss , p. 181, post. Agricultural selections-see ibid., ss , p. 210, post. Settlement farm lease-see ibid., s. 130, p. 215, post, and s. 27 of this Act. Grazing selection-see Land Acts, 1962 to 1965, ss , p. 215, post, and s. 28 of this Act. Living area-see Land Acts, 1962 to 1965, s. 5, p. 120, post. Condition of occupation-see ibid., ss , p. 205, post. Irrigation Area-See s. 4, ante, and note thereto. Part VI of the Land Acts, 1962 to 1965 (ss ) p. 232, post, deals with security of leasehold tenure. Division VI of Part X of the Land Acts, 1962 to 1965 (s. 269) p. 295, post, deals with the issuing of leases for an additional area. 10. Maximum area which may be held within an Irrigation Area or Irrigation Areas. (1) Subject to this Act, a person shall not at the same time apply for or hold within an Irrigation Area- (a) two or more agricultural selections, the aggregate of the areas whereof exceeds two thousand five hundred and sixty acres;

9 IRRIGATION AREAS, ETC., ACT OF 1962 ss (b) two or more settlement farm leases, the aggregate of the areas whereof exceeds six thousand acres; (c) two or more grazing selections, the aggregate of the areas whereof exceeds forty-five thousand acres. (2) The provisions of this section shall not affect the right or title- (a) of any person who at the commencement of this Act is the lessee of one or more agricultural selections (including any agricultural selection converted to such tenure pursuant to section twenty-six of this Act), the area or aggregate of the areas whereof exceeds two thousand five hundred and sixty acres; or (b) of any person who at the commencement of tlus Act is the lessee of one or more grazing selections, the area or aggregate of the areas whereof exceeds forty-five thousand acres, to continue to hold such selections or to be granted and to hold any new lease of the whole or part of such selection or selections issued in pursuance of the provisions of this Act and Part VI of the Land Act. (3) For the purposes of this section land outside any Irrigation Area applied for or held by any person under the Land Acts under any tenure to which this section applies shall be taken into account as if such land were within an Irrigation Area. Irrigation Area-See s. 4 and note thereto. Agricultural selection-see Land Acts, 1962 to 1965, SS , p po.i!. Settlement farm lease-see ibid., s. 130, p. 215, post. Grazing selection-see ibid., S , p. 215, post. II. Maximum area of irrigable Jand. The Governor in Council may, from time to time, deelare the maximum area of irrigable land in the Irrigation A rca specified in the Order in Council wbich may be held by anyone and tlte same person under any mode of agricultural selection tenure. A person shall not at the same time hold in any Irrigation Area two or more agricultural selections (whether of the same mode or different mode:; of that class of selection) which comprise areas of irrigable lands aggregating more than the area declared by the Governor in Council by Order in Council to be the maximum area of irrigable land in such Irrigation Area which may be held by one and the same person. This section applies so that as respects rights accrued with respect to selections prior to a declaration under this section of a maximum area in respect oran Irrigation Area, or prior to an alteration of the boundaries of an I rrigation Area in respect of which such a declaration has been made, the declaration or alteration shall not affect or prejudice in any way such rights. Irrigable land-see s. 4. Irrigation Area-See s. 4 and note thereto. Agricultural selection-see Land Acts, 1962 to 1965, ss p pasl.

10 88 LAND Vol.' 12. (1) What opening notification shall specify. Without limit to the power of the Minister, with the approval of the Governor in Council, to impose conditions in any notification declaring land open for selection under this Act and the Land Act every such notification shali- (a) appoint a place (or, where the method of application is selective, a place or places) where and a time, not being less than twentyeight days from the date of the notification, when the land will be open for selection; (b) specify, by reference to class or mode of a class of selection the tenure under which the land is open for selection; (c) declare, in respect of all the portions or such of the portions as are specified, the maximum area of land which may be applied for under any class or mode of a class of selection so specified, by anyone person in the whole area to which the notification has reference, or the maximum number of portions which 1 may be applied for under any class or mode of a class of selection so specified, by anyone person in the whole area to which the notification has reference, or both such maximum area and such maximum number: Provided that one person shall not be permitted to apply for more than the maximum number of portions so declared, whether the aggregate of the areas of such portions so applied for docs or does not attain the maximum area so declared; (d) specify the numbers of the portions, and their respective areas, and the annual rent per acre to be paid for each portion; (e) in the case of land open for selection as agricultural selection, state the areas of irriga ble land, l1on-irrigable land and dry land comprised in each portion; (f) specify the amount of the deposit,,,hich shall accompany each application; (g) specify the method of application; (h) in the case of land open for selection as agricultural farm, specify the purchasing price per acre at which the lessee may purchase the land in fee-simple; (i) in the case of land open for selection as perpetual lease selection, state either the unimproved capital value per acre of the irrigable, non-irrigable and dry areas respectively or the unimproved capital value per acre over all; (j) in the case of land open for selection alternatively as either agricultural farm or perpetual lease selection, state either the amounts per acre of the irrigable, non-irrigable and dry areas respectively or the amount per acre over all which shall be the purchasing price of the land as an agricultural farm or the unimproved capital value of the land as a perpetual lease selection; (k) in the case of land open for selection as settlement farm lease (i) state the term of lease, which shall be thirty years; and (ii) impose a cultivation condition requiring that a specified area of land comprised in the selection shall be cultivated within a specified time;

11 IRRIGATION AREAS, ETC., ACT OF 1962 s (I) in the case of land open for selection as grazing selection, state the term of lease which may be any number of years not less than ten years and not exceeding thirty years. (2) What opening notification may specify additionally. The notification may also- (a) declare the value or state a provisional value of any improvements upon a portion; (b) impose anyone or more of the following eonditions:- (i) a cultivation condition requiring that a specified area of land comprised in the selection shall be cultivated within a specified time; (ii) that any improvements, or any specified developmental works or conditions whatsoever, shall be made or done or performed within a specified time; (iii) that specified noxious plants on the whole or a specified part of the land shall be destroyed within a specified time. The manner of such destruction may also be specified, in which case the destruction shall be carried out in the manner so specified; (c) restrict for a period not longer than six months as specified in the notification the right of applying for any particular portion or portions comprised in the opening notification to persons who, anywhere in the Commonwealth, do not hold under the Crown in right of the Commonwealth or of any State, any land in fee-simple or for any lesser estate than freehold, other than land situated in a city, town, or township; (d) declare that any lot comprising two or more non-contiguous portions shall be applied for and held as one selection, or that lots which are not contiguous may be applied for and held as one selection. (3) In subparagraph (ii) of paragraph (k) of subsection (1) and in subparagraph (i) of paragraph (b) of subsection (2) of this section "cultivation condition" means that the area of land specified shall be cultivated for the production of fodder or other crops calculated to increase, or to render more secure, or to both increase and render more secure, the normal stock carrying capacity or productivity of the selection. (4) The notification opening land for selection as agricultural farm or perpetual lease selection may also impose the condition of personal residence during the first three years of the term. (5) The notification opening land for selection as settlement farm lease may also impose the condition that the selection shall be enclosed within a specified time, and at all times thereafter during the term of the lease kept enclosed with a rabbit-proof fence, or with a marsupial-proof fence, or with both a rabbit-proof and marsupial-proof fence. (6) The notification opening land for selection as grazing selection may also impose one or more of the following conditions:- (a) that the selection shall be enclosed within a specified time, and at all times thereafter during the term of the lease kept enclosed with a rabbit-proof fence, or with a marsupial-proof fence, or with both a rahbit-proof and marsupial-proof fence;

12 90 LAND Vol. 9 (b) a stocking condition requiring that the selection shall, within a specified period not exceeding three years, be stocked to its reasonable carrying capacity with the applicant's own sheep or cattle, or both sheep and cattle, and shall thereafter be used for producing wool or cattle, or both wool and cattle; (c) that the selection shall be subject to a reservation or reservations with respect to the land comprised therein or any part or parts of that land (and whether of a specified area or of a specified part or parts of that land or generally without specifying any part of that land or area of that land) for or for any purpose of or connected with any works under and within the meaning of "The Irrigation Acts, 1922 to 1961." (7) The right of application for any specified portion or portions comprised in any notification opening land for selection under any class, or any mode of a class, of selection tenure may be limited to eligible persons as defined in paragraph (a) of the definition "eligible persons" in section three of "The War Service Land Settlement Acts, 1946 to 1960." Acts referred to: Irrigation Acts, 1922 to 1965, title WATER SUPPLY AND SEWERAGE. War Service Land Settlement Acts, 1946 to 1960, p. 517, post. Compare Land Acts, 1962 to 1965, ss. 50, 87, pp. 159, 185, post. 13. Methods of application to select land. Applications to select land open for selection under this Act and the Land Act may be made, considered and dealt with pursuant to the following methods:- (a) open; or (b) selective. Compare Land Acts, 1962 to 1965, s. 88, p. 188, post. 14. Open method of application. Applications made pursuant to the open method shall be considered and dealt with by the Commissioner for the District in which the land is situated in accordance with the provisions of this Act and the Land Act. Open mcthod-see Land Acts, 1962 to 1965, ss. 89, 99, pp. 188, 189, post. 15. Selective method of application. (1) Applications made pursuant to the selective method shall be considered and dealt with by a Committee of Review as hereinafter in this section provided. (2) Applications made pursuant to the selective method shall be lodged with the Project Engineer or the Land Agent at the place or places and by the time appointed in the opening notification or, by the time so appointed, with the Secretary to the Commissioner of Irrigation and Water Supply. (3) When land is open for selection pursuant to the selective method, the Minister, in his discretion, may determine any special qualifications or conditions which applicants must possess or comply with in order to be eligible to apply for and hold the land.

13 IRRIGATION AREAS, ETC., ACT OF 1962 ss (4) Any such special qualifications or conditions shah be specified in the opening notification. (5) For the purpose of reviewing, considering and dealing with any application or applications, the Minister shall from time to time constitute a Committee of Review consisting of the following persons nominated by him:- (a) the Commissioner of Irrigation and Water Supply or other officer of the Department of Irrigation and Water Supply who shall be the Chairman of the Committee; (b) two persons not being officers of the Public Service, who, in the opinion of the Minister, are experienced in the primary industry for which the land is best suited. (6) To the extent he deems practicable the Minister shall nominate under paragraph (b) of subsection (5) of this section, persons who have had experic-nce as mentioned in that paragraph in the locality in which the land open for selection is situated. (7) A member of a Committee of Review shall not be eligible to make an application for any land in respect of which the Committee, of which he is a member, is to determine the successful applicant. (8) The Committee of Review shall consider every application lodged by the appointed time with a view to determining whether, in its opinion, the applicant is- (a) having regard to any special qualifications or special conditions imposed by the Minister, eligible; and (b) having regard to the provisions of this Act and the Laud Act, otherwise qualified, to apply for and hold the land. (9) All applicants who are rejected by the Committee, as not being eligible or otherwise qualified, shall be notified in writing of the Committee's decision and the reasons therefor. (10) Any applicant may, within fourteen days of the date of the notification of the Committee's decision, apply in writing to the Committee to appear before it or he may, within such time, lodge with the Committee written evidence in support of his application. (II) As soon as possible after the expiry of the fourteen days as aforesaid, the Committee shall hear any rejected applicant who duly applied to appear before it, or consider any written evidence duly lodged with it by any rejected applicant. Subject to so doing the Committee of Review may make, with respect to the application concerned, a fresh determination, and either in confirmation of or substitution for its original decision. (12) Subject to subsections (10) and (II) of this section, the decision of the Committee to reject an application shall be final and conclusive. (13) If, with respect to any determination to be made by it, the members of the Committee of Review do not agree, the decision of the majority shall be the decision of the Committee.

14 92 LAND Vol. 9 (14) In addition to the powers, authorities and functions conferred on it by this Act, a Committee of Review may, in respect of any application in relation whereto it is constituted exercise any of the powers, authorities and functions conferred on a Committee of Review constituted under the Land Act by that Act. Compare Land Acts, 1962 to 1965, s. 90, p. 188, post. 16. Applications to select land pursuant to the selective method. Applications to select land pursuant to the selective method shall be made, considered and dealt with under, subject to and in accordance with the provisions of sections ninety-six, ninety-eight, ninety-nine, one hundred and one hundred and one of the Land Acts, and the provisions of those sections shall apply and extend accordingly and for that purpose shall be read subject to all necessary adaptations including by- (a) in the case of any application which may be lodged with the Secretary to the Commissioner of Irrigation and Water Supply or a Project Engineer or a Land Agent, reading references to a Land Agent in subsection (1) of section ninety-six as referring also to the said Secretary and a Project Engineer; (b) reading any reference to the Land Administration Commission as referring to the Commissioner of Irrigation and Water Supply; and (c) unless the context otherwise requires, reading the term "this Act" wherever appearing as referring to the Land Act and this Act. 17. Performance of condition of personal residence. When any agricultural selection within an Irrigation Area selected under this Act and the Land Act is subject to the condition of personal residence, the personal residence by the lessee continuously and bona fide upon land in which the lessee is beneficially interested and which is situated at a distance not exceeding ten miles from the nearest part of the selection, shall be deemed to be personal residence by the lessee upon the selection, and shall confer upon the lessee the same rights in respect of the selection as his own personal residence thereon would have conferred. Where the Irrigation Arca is abolished or altered so as to exclude therefrom the selection this section shall continue to apply in all respects as though the Irrigation Area continued as constituted immediately prior to such abolition or alteration and as though it had not been so abolished or altered and for the purposes of this section the Irrigation Area shall be deemed to continue so constituted accordingly. Nothing in this section shall be read so as to affect or exclude the application to such a condition of the provisions of the Land Act relating to performance and suspension of and modification of and exemption from such a condition with respect to selections.

15 IRRIGATION AREAS, ETC., ACT OF 1962!is For the purpose of this section any agricultural selection the lease whereof is deemed pursuant to subsection (2) of section three of this Act to have been granted or issued under this Act and the Land Act shall be deemed to have been selected under this Act and the Land Act. Personal residence--cf. Land Acts, 1962 to 1965, ss , p. 205, post. Lessee-See ibid., s. 5, p. 120, post. Irrigation Area-See s. 4, ante, and note thereto. 18. Performance of condition of occupation. In the application of section one hundred and seventeen of the Land Act to a condition of occupation to which an agricultural selection within an Irrigation Area held under this Act and the Land Act is subject, that section shall be read as though the word "ten" were substituted for the word "thirty" wheresoever that word occurs therein and as though the proviso to subsection (3) of that section were deleted therefrom. Condition of occupation-see s. 19, post; Land Acts, 1962 to 1965, 5S , p. 205, post. 19. Performance of condition of occupation where Irrigation Area abolished, etc. Where an Irrigation Area is abolished or altered so as to exclude therefrom an agricultural selection to which section eighteen of this Act applies then in the application of section one hundred and seventeen of the Land Act to the lessee thereof at the time of such abolition or alteration who is residing, pursuant to the said section eighteen, upon land situated in a city, town or township, subsection (3) of the said section one hundred and seventeen shall be read as though, in the proviso thereto- (i) the word "if" were inserted after the words "Provided that"; and (ii) The words "is situate at a distance exceeding ten miles from the nearest part of the selection, such land" were inserted after the words "bailiff so resides". Irrigation Area-See s. 4, ante, and note thereto. Lessee-See Land Acts, 1962 to 1965, s. 5, p. 120, post. 20. Savings. (1) Where an agricultural selection under this Act and the Land Act subsisting at the commencement of this Act is subject to the condition of personal residence during the first three years of the term of the lease, the selection shall continue to be subject to such condition until the expiration of such period of three years. Thereafter for the remainder of the term the selection shall be subject to the condition of occupation. 2 (a) Where the lease of a grazing homestead or settlement farm lease under the repealed Acts and all or any of the Acts mentioned in subsection (2) of section three of this Act subsisting at the commencement of this Act is subject to the condition of personal residence during the first five years of the term, the lease shall continue to be subject to such condition until the expiration of such period of five years. Thereafter for the remainder of the term the lease shall be subject to the condition of occupation.

16 94 LAND Vol. 9 (b) In the case of such a lease in respect whereof the condition of personal residence was, in pursuance of the provisions of the repealed Acts and all or any of the Acts mentioned in subsection (2) of section three of this Act, reimposed for a period of five years from the date of registration of a transfer, the lease shall continue to be subject to the condition of personal residence until the expiration of the said period of five years or until the lessee to whom the lease was so transferred shall sooner cease to hold it, whichever event shall first happen. Thereafter for the remainder of the term, the lease shall be subject to the condition of occupation. (3) The provisions of section one hundred and fourteen of the Land Act shall apply to selections whereto this section applies. Condition of personal residence and condition of occupation-see ss ; Land Acts, 1962 to 1965, ss , p. 205, post. 21. Exemption from condition of personal residence. Nothing in this Act shall be construed so as to impose the condition of personal residence upon the lessee of any selection which at the commencement of this Act is subject to the condition of occupation. Lessee-See Land Acts, 1962 to 1965, s. 5, p. 120, post. 22. Agricultural farm tenure. (1) The term of lease of an agricultural farm under this Act and the Land Act shall be thirty years. (2) The notified purchasing price shall be payabje by way of annual rent, and the annual rent reserved shall, during the term, be an amount equal to one-thirtieth of such notified purchasing price. (3) The lease shall be subject to the condition of occupation during the whole term: Provided that the lease shall be subject to the condition of personal residence during the first three years of the term and thereafter for the remainder of the term to the condition of occupation in any case where the opening notification has imposed the condition of personal residence during the first three years of the term. (4) Except as varied by this Act or the notification opening the land for selection, all the provisions of the Land Act relating to agricultural farms shall be applicable to agricultural farms applied for, granted, selected, acquired or held under this Act and the Land Act. Agricultural farm-see s. 9; Land Acts, 1962 to 1965, ss , p. 210, post. Condition of occupation-see ss ; Land Acts, 1962 to 1965, S , p. 205, post. Notified purchasing price-see s (I) Savings. Every lease subsisting at the commencement of this Act of an agricultural farm under the repealed Acts and "The Land Acts, 1910 to 1962," for a term of twenty years shall, subject to the provisions of subsection (2) of this section and section one hundred and twenty-five of the Land Act, continue in force for the balance of such

17 IRRIGATION AREAS, ETC., ACT OF 1962 ss term remaining at the commencement of this Act and the purchasing price thereof shall continue to be payable by way of rent in annual instalments equal to one-twentieth of such purchasing price. All such agricultural farms, except as provided to the contrary in this subsection, shall be held under and subject to the provisions of this Act and the Land Act relating to agricultural farms. (2) Extension of term to thirty years. (a) A lessee of an agricultural farm under the repealed Acts and "The Land Acts, 1910 to 1962," subsisting at the commencement of this Act, with a term of lease of twenty years, may by notice in writing lodged with the Minister, not later than three months (or such extended time not exceeding six months in all as the Minister in his discretion may allow) after the commencement of this Act, elect to have the term of his lease extended to thirty years. (b) In every such case the annual instalment of the purchasing price shall be recalculated by dividing so much of the amount of the purchasing price as has not become due for payment before the thirtyfirst day of December, one thousand nine hundred and sixty-two, by thirty less the period (expressed in years and quarters) that the lease has been current as at and including that date. (c) The sum thus calculated, subject to the provisions of subsection (3) of section two hundred and forty-seven of the Land Act, shall be the annual instalment of the purchasing price payable by way of annual rent for the balance still to run after the thirty-first day of December, one thousand nine hundred and sixty-two, of the term as extended pursuant to this subsection of the agricultural farm in question. (d) Any moneys paid in respect of rent accruing due after the thirtyfirst day of December, one thousand nine hundred and sixty-two, shall be credited against the appropriate recalculated annual instalments of purchasing price. (e) The Registrar of Dealings shall make an appropriate noting upon the instrument of lease of every agricultural farm the term of which is extended pursuant to this subsection. Land Acts, 1910 to 1962; see now Land Acts, 1962 to 1965, p. 113, post. Section 125 of the Land Acts, 1962 to 1965, p. 212, post, relates to the acquisition of the fee-simple of an agricultural farm. Agricultural farm-see ibid., ss , p. 210, post. Section 247 (3) of the Land Acts, 1962 to 1965, p. 283, post, deals with the apportionment of rent where the term does not commence on a first quarter day. All records, etc., pursuant to this Act are kept in the Department of Lands, s Perpetual lease selection tenure. (1) The lease of a perpetual lease selection under this Act and the Land Act shall be a lease in perpetuity. (2) The rental periods shall be ten years. (3) During the first ten-year rental period the annual rent reserved shall be a sum equal to two dollars fifty cents per centum of- (a) in the case of a perpetual lease selection selected pursuant to this Act and Part IV of the Land Act, the notified unimproved capital value; or

18 96 LAND Vol. 9 (b) in the case of a perpetual lease selection the lease whereof was issued otherwise than by selection pursuant to this Act and Part IV of the Land Act, the unimproved capital value as determined by the Minister or the Court, as the case may be. (4) The annual rent for the second and each succeeding rental period thereafter shall be determined by the Court at a sum equal to two dollars fifty cents per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. The Court, in determining the rent of a perpetual lease selection, shall have regard to- (a) the quality and fitness for agricultural purposes of the irrigable area, and the quality and fitness of the remainder of the land for either agricultural or grazing purposes; or the quality and fitness of the land for either agricultural or grazing purposes in cases where there is no irrigable land; (b) transport facilities available to the holding; (c) the enhancement in the value of the land for that water is available from works of the irrigation undertaking in relation to which the Irrigation Area in which the land is situated is constituted; (d) the amount which experienced persons would be willing to pay for land of similar quality in the same neighbourhood whether held in fee-simple or under a freeholding or perpetual lease tenure; and (e) any other matters which in the opinion of the Court affect the rental value of the land. (5) Subsections (2), (3) and (4) of this section apply subject to sections twenty-five and twenty-six of this Act. (6) The lease shall not include a covenant entitling the lessee to a deed of grant in fee-simple. (7) The lease shall be subject to the condition of occupation during the whole term: Provided that the lease shall be subject to the condition of personal residence during the first three years of the term and thereafter for the remainder of the term to the condition of occupation in any case where the opening notification has imposed the condition of personal residence during the first three years of the term. (8) Provisions of Land Act to apply. Except as varied by this Act or by the notification opening the land for selection, all the provisions of the Land Act relating to perpetual lease selections shall be applicable to perpetual lease selections applied for, granted, selected, acquired, or held under this Act and the Land Act. Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of Perpetual lease selection under Land Acts, 1962 to 1965-See s. 127 of those Acts, p. 212, post. Part IV of the Land Acts, 1962 to 1965 ( ) p. 181, post, relates to selections generally. For rent generally and when payable, see ibid., ss , p. 278, post.