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LAND ACT 1933 - SECT 140

This legislation has been repealed.

LAND ACT 1933 - SECT 140

140 .         Improvements

        (1)         No payment or valuation shall be made pursuant to this Act in respect to any improvements, nor shall any improvements be considered pursuant to this Act, unless the Minister shall be satisfied that the same were made bona fide for the purpose of improving the land or increasing the carrying capacity thereof, and unless the same shall consist of wells of fresh water, reservoirs, tanks, or dams of permanent character and available for the use of stock, increasing thereby the carrying capacity of the land; or of fences, sheds, and buildings erected for farm or shearing and station purposes, not being dwelling-houses (except where such dwelling-houses exist upon a homestead farm, or working man’s block); or of cultivation, subdivision fences, clearing, grubbing, draining, or any improvement for maintaining or improving the agricultural or pastoral capabilities of the land.

        (2)         The fact that the Minister is satisfied that the improvements were made bona fide for the purpose of improving the land or increasing the carrying capacity thereof may be proved in any court or before any arbitrator by a certificate in writing signed by the Minister, whose signature shall be judicially noticed.

        (3)         Where land held under conditional purchase lease or Crown grant issued before or after the commencement of this Act is resumed under the reservation in the lease or grant of the right to resume a portion thereof for any work or purpose of public use, utility, or convenience, or for the purpose of exercising the power to search for minerals reserved to the Crown, compensation shall be payable to the lessee or grantee for the value of the improvements (if any), and the provisions of this section shall apply.

        [Section 140 amended by No. 58 of 1950 s.28; No. 60 of 1963 s.24; No. 113 of 1965 s.8; No. 30 of 1967 s.6.]