LAND ACT 1933
This legislation has been repealed.
LAND ACT 1933
TABLE OF PROVISIONS Long Title Preamble PART I -- Introductory and general provisions 1. Short title and commencement 3. Interpretation 4. Repeal and savings 6. Minister for Lands 6A. General power of delegation of Minister 7. Crown lands may be disposed of under the provisions of this Act 8. Governor may acquire land by purchase or exchange 9. Grant or lease to Aborigines 10. Districts and townsites may be defined 11. Resumptions 12. Authentication and recording of Crown grants 13. Signature on other instruments 15. Reservations in grants 15A. Reservations relating to marketable timber 15B. Cessation of marketable timber reservations to the Crown 16. All applications subject to approval of Minister 17. Minister may order surveys of Crown land and lands reserved for town and suburban lots 18. Loss of leases, etc., and amendment of defective description 19. If the survey varies from the application, how to be dealt with 20. Minister may insert special clauses and grant limited right to timber 21. Right to enter upon lands to make surveys 22. Land of insolvents to be for benefit of creditors 23. Forfeiture for non-compliance with conditions 24. Forfeited land, how dealt with 25. Restrictions upon public officers acquiring Crown lands 26. Restriction as to age 27. Appeal to Governor PART II -- Divisions of the State 28. Divisions PART III -- Reserves 29. Governor may make reserves 30. Reserves to be notified in Gazette 31. Classification of reserves 31A. Restriction on abolition of national parks 32. Power to the Minister to lease reserves 33. Vesting leasing, etc. of reserves 34. By-laws 34A. Management plans 34B. Revocation of certain orders 36. Temporary reserves 37. Power to cancel or change the purpose of reserves 37AA. Continuation of estates or interests or caveats on cancellation, or change of purpose of, reserves 37A. Power to trustees to surrender or exchange certain lands 37B. Limitation of this Part PART IV -- Town and suburban lands 38. Town and suburban lands to be sold by auction 40. Terms and conditions of sale to be read 41. Payment of purchase money 41A. Lots unsold at auction may be sold at upset price 42. Conditions relating to suburban lands 42A. Power of Minister to refund purchase money or portion thereof in certain circumstances 43. Licence to occupy 44. Lessee of town or suburban land may acquire fee simple 45. Grants of land for the purposes of the Housing Act 1980 45A. Minister may dispense with requirements under this Part as to certain sales 45B. Power to sell town and suburban land by advertisement PART V -- Agricultural and grazing land Division (1) -- Conditional purchase 46. Land may be declared open for selection 47. Conditional purchase with residence 49. Conditional purchase without residence 50. Additional land where lessee has not acquired the maximum area 51. Cost of survey of land not surveyed before selection 52. Selector may be required to accelerate payments for existing improvement made by a prior lessee 53. Accelerated completion of conditional purchase 54. Land for vineyards, orchards and gardens 57. Discount for payment of purchase money in advance 58. Portion of improvements may be dispensed with in certain cases 60. Subdivision of holdings 61. Special improvement conditions 62. Inclusion of closed roads in adjoining land held under conditional purchase lease 63. Devisees, etc. 63A. Price may be reduced and rent may be deferred 63B. When a lease has already expired Minister may grant extension of time to pay balance of rent Division (2) -- Free homestead farms 64. Lands open for selection 65. Application for homestead farm 66. Occupation certificate 67. Conditions as to taking possession and residence 68. In case of illness and other valid reason absence allowed 69. Improvements before issue of Crown grant 70. Forfeiture for non-compliance with conditions 71. Certain assignments before issue of Crown grants void 72. When and on what conditions a Crown grant shall issue 73. Crown grants may be obtained after 12 months’ residence on certain conditions 74. Applicant for homestead farm may apply for C.P. land 75. Improvements on land applied for under this Division to be paid for 76. Power to cancel abandoned applications for homestead farms 77. Area of free homestead farms granted under a scheme of group settlement may be increased 78. Grants of holdings to group settlers 79. Application of section 51 (cost of survey) and of s.47 (4) (f) Division (3) -- Working men’s blocks 80. Governor may set apart certain lands for working men’s blocks 81. Certain persons entitled to leases of working men’s blocks 82. Minister may waive forfeiture for non-residence in case of illness, etc. 83. In certain cases leases may be transferred or mortgaged with Minister’s approval Division (4) -- Special settlement lands 84. Governor may declare lands open for selection as special settlement lands 85. Minister may improve lands within special settlement area 86. Conditions of selection of land within special settlement area 87. Power to throw open land for special selection 88. Group settlement 89. Special settlement 89A. Governor may set apart farm reconstruction areas 89B. Disposal of farm reconstruction areas to The Rural and Industries Bank 89C. Disposal of war service land no longer required for the purpose 89D. Governor may authorize Ministers to enter into agreements for disposal of areas of Crown land PART VI -- Pastoral leases 89E. Interpretation 90. Pastoral leases may be granted 91. Application 97. Position and boundaries of leases 98. Term and rent 98A. Pastoral Board may call and examine witnesses on oath 99. Review of assessment of rent 100. Review of re-assessment 101A. Minister may grant relief from payment of rent in certain cases 101B. Minister may extend relief from payment of rent in certain cases 102. Improvement conditions 103. Penalty for non-stocking 104. Re-appraisement of pastoral leases on transfer, etc., of portion 105. Pastoral lessees have no right to soil or timber 106. Reservations 107. Permission for clearing and penalty for unauthorized clearing 109. Power to resume land from pastoral leases for agricultural settlement 110. Payment for improvements in certain cases 113. Maximum area 114. Lessees may surrender lease and apply for a new lease 115. Transfer of pastoral lease 115A. Restrictions on transfer of shares in certain companies PART VII -- Special leases and licences 116. Minister may grant leases for special purposes 117. Town, suburban or village lands may be leased 117A. Lease or licence under or over streets for construction and maintenance of subways and bridges 117AA. Lessee may apply for fee simple PART VIIA -- Alienation of closed roads, etc. 118A. Provisions for vesting of land in closed roads 118B. Vesting of land in former rabbit proof fence reserve 118C. Vesting of land in reserves of discontinued railways and deviations 118CA. Vesting of Crown land unsuitable for retention as separate lot or for division and retention as separate lots 118D. Vesting of additional Crown land to adjust boundaries 118E. Land to be vested for estate similar to that of adjoining land 118F. Vested land to be incorporated with adjoining land Ibid. s.7. 118G. Vested land to be subject to encumbrances on land with which it is incorporated. Ibid. s.8. 118H. Provision for increase of purchase price of land under contract of sale in certain cases. Ibid. s.10. PART VIII -- Agricultural lands purchase 119. Funds 120. Land Purchase Board 121. Land may be surrendered 122. Land Purchase Board to report 123. Governor may purchase lands 124. Disposal of land acquired under this Act 125. Minister may improve lands purchased 126. Reserves for public purposes, roads, etc. 127. Price and conditions on which land is to be sold 128. Power to reduce selling price 129. Deferment of rent payable by discharged soldiers 130. Application of s.127 (4) and (5) to existing leases 131. Interim cropping leases 132. Appropriation of receipts when debentures are issued 133. Separate account to be kept by Treasurer 134. Report to be presented to Parliament PART VIIIA -- Easements 134A. Interpretation 134B. Easements may be granted 134C. Proposed easement to be recorded 134D. Easement to be recorded 134E. Cancellation 134F. Easement to subsist 134G. Easements over land dedicated to a purpose 134H. Easement in anticipation of grant of fee simple 134I. Easement in gross 134J. Abandonment 134K. Production of instruments 134L. Evidence 134M. Land under Transfer of Land Act 134N. Tabling of report of grant of certain easements PART IX -- Miscellaneous provisions 135. Priority of application 136. Applications 137. Applications for surveyed lands 138. Fractions of an acre of holdings under Part V 139. Rents 139A. Minister may defer rent payable by lessee who has served with H.M. Forces 139B. Definition of “discharged member of the forces” 140. Improvements 141. Restriction of right of resumption without compensation 142. Fee on Crown grants 143. Transfers etc., to be approved by Minister 144. Transfer of leases and licences 145. Leases and licences may be mortgaged 146. Effect of mortgage 147. Right of mortgagee 148. Transfer on sale 149. Mortgages of leases or licences to be transferred to Crown grant 149A. Transfer of estates, interests and caveats to Crown Grants 149B. Matters ancillary to transfer of estates, interests and caveats to Crown Grants 150. Minors may hold and deal with land 151. Instruments not effectual until registered 152. Caveat may be lodged 153. Notice of caveat to be given 154. No entry to be made in registry book while caveat in force 155. Compensation for lodging caveat without cause 156. Notification of caveats 157. Caveat on behalf of a beneficiary under a will or settlement not to bar registration 158. Power to Under Secretary for Lands to enter caveats 159. Executions against land 160. Power to Minister to register transmission where no administration of a deceased’s estate 161. Where death or lunacy occurs before completion of fencing and improvements 161A. Crown grant may issue in name of deceased holder 162. Acceptance of rent not to be deemed waiver of breach of convenant 163. Gazette notice equivalent to re-entry 164. Offences on public lands 164A. Removal of unauthorized structures from public lands 164AA. Application by owner or occupier of unauthorized structure for extension of time 164B. Delegation 165. Proof of residence and improvements 166. Returns of stock and improvements 167. Statutory declarations 168. Communications to be addressed to the chief executive officer of the Department 169. Auctioneer may sell without licence 170. Service of notices 171. Repayment of expenditure from loan funds by Consolidated Fund 172. Regulations PART X -- Survey and mapping 173. Authorized land officers 175. Plans of surveys Compilation table