Victorian Consolidated Legislation

Land Act 1958 - SECT 59

Ante-dating of lease

59. Ante-dating of lease



(1) Any applicant who has been granted a selection purchase allotment under
the provisions of the last preceding section and who proves to the
satisfaction of the Minister that he has occupied his allotment may if the
Minister thinks fit have his selection purchase lease therefor dated from the
first day of January or the first day of July in the half-year in which he
commenced to occupy such allotment; and in the event of his occupation of such
allotment not having been continuous may if the Minister thinks fit have his
selection purchase lease therefor so dated from the first day of January or
the first day of July in any year as to cover in the aggregate the periods
during which he has so occupied his allotment and such selection purchase
lease shall thereupon be deemed to have been issued on such date.

(2) Such selection purchase lease shall not be issued until the 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 lease shall be
entitled to have all substantial and permanent improvements valued by the
Minister 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 last preceding
section the selection purchase lessee may at any time during the first six
years of the term of the selection purchase lease give to any person who at
the time of surrender of the perpetual lease was a mortgagee thereof a lien on
his improvements to the full amount due on such mortgage at the time of such
surrender; and the provisions of this Act relating to liens shall apply to the
lien given pursuant to this section.



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