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This legislation has been repealed.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.]