Agricultural Lands Act, 1960
- Commenced on 23 December 1960
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Agricultural Lands Act.
2. InterpretationIn this Act, unless the context otherwise requires—"agricultural purposes" includes grazing and stock raising;"Board" means the Agricultural Lands Board established under the provisions of section four;"State Grant" means a grant in fee simple made under and subject to the provisions of Part III;"State Land" means any land included within State Lands as defined in the Orders dealing with State Lands other than land which, prior to the 14th March, 1957, had been and which at that date was and thereafter has remained granted in perpetuity to any person;[App. 4]"State Lease" means a lease of State Land and includes any lease granted before the 24th October, 1964, by the Crown.[As amended by S.I. No. 65 of 1965]
3. Existing leases and grantsAny lease made or State Grant issued under the provisions of the Agricultural Lands Acts, Chapter 101 of the 1958 Edition of the Laws, shall be deemed to have been made or issued under the provisions of this Act and shall have effect accordingly as if this Act had been in force at the date of such lease or grant:Provided that if any conditions imposed upon any such lease or grant by the provisions of this Act are more onerous than those imposed by the Agricultural Lands Act, Chapter 101 of the 1958 Edition of the Laws, the conditions imposed by the latter Act shall continue to attach to such lease or grant in place of the said conditions imposed under this Act.
Part II – Agricultural Lands Board
4. Establishment of Agricultural Lands Board
5. Tenure of office of members of Board
6. Procedure of Board
7. Remuneration of members
8. Functions of Board
9. Review of decisions of Board
Part III – Alienation of agricultural land
10. Application of Part III
11. InterpretationIn this Part, unless the context otherwise requires—"allotment plan" means a plan for the allotment of land prepared by the Board under the provisions of this Part;"beneficial occupation" has the meaning assigned to it by subsection (2) of section twenty-one, and "beneficially occupy" shall be construed accordingly;"declared land" means land in respect of which a declaration made under subsection (1) of section ten is for the time being in force;"holding" means a holding into which any land has beend divided in accordance with, and for the purpose of alienation under the provisions of this Part or of Part III of the Agricultural Lands Act, Chapter 101 of the 1958 Edition of the Laws;"lessee" means the lessee of a holding;"permanent improvements" means the improvements specified in the First Schedule.[As amended by S.I. No. 65 of 1965]
12. Manner of alienation
13. Preparation of schemes
14. Preparation and publication of allotment plans
15. Re-alienation of holdings
16. Application for allotment of landEvery application for the allotment of a holding shall be made in writing to the Board in the prescribed form.
17. Consideration of applications
18. Allotment of holdings
19. Duration of leaseThe term of any lease granted in respect of any holding under the provisions of this Part shall be thirty years.
20. Rent of holding
21. Occupation of holding
22. Compensation, etc.
23. Use of timber
24. Restraint on alienation
25. Option to purchase a holding
26. State GrantA lessee who has acquired an option to purchase the land comprised in his lease under the provisions of section twenty-five shall be entitled to obtain a State Grant of his holding where all the following conditions have been fulfilled:
27. Option to purchase land comprised in other leases
28. State Grants of land comprised in other leases
29. Existing encumbrances, etc.Immediately upon the issue of a State Grant, the land comprised therein shall be subject to all encumbrances, powers, rights and easements of whatsoever kind as are registered against the lease which the State Grant replaces.[As amended by S.I. No. 65 of 1965]
30. Renewal of leases
32. Debts due under determined or surrendered leaseThe determination of a lease under the provisions of this Act or the surrender of a lease shall not extinguish any debt due from the lessee to the President under such lease, and, upon such determination or surrender, there shall forthwith become due and payable by the lessee to the President the difference between the total amount paid by the lessee and the total rent due under the provisions of section twenty from the date of commencement of the lease to the date of determination or surrender:Provided that if the Minister is satisfied that such determination or surrender was caused by drought, flood, tempest, locusts, lack of water, failure of crops, disease of stock or other adverse farming or domestic conditions which were not the fault of the lessee, he may, after consultation with the Board, waive the whole or any part of the amount which has or would, under the provisions of this section, become due and payable as a result of such determination or surrender.[As amended by S.I. No. 65 of 1965]
33. Bankruptcy of lessee
34. Death, etc., of lessee
35. State Grant to be used for agricultural purposes
36. Abandonment of holding
37. Right to enter and inspect
Part IV – Tenant farming schemes
38. Creation of schemesThe Minister may, after consultation with the Board, make schemes for the settlement of tenant farmers on the land.[As amended by G.N. No. 227 of 1964]
39. InterpretationIn this Part, unless the context otherwise requires—"holding" means a holding allotted to a tenant farmer under the provisions of a scheme;"scheme" means a scheme for the settlement of tenant farmers on the land approved under the provisions of section thirty-eight;"tenant" means a person holding land under the provisions of a scheme, and "tenancy" shall be construed accordingly.
40. Improvements qualifying for compensation
41. Termination of tenancy
Part V – General
43. ValuationsIf any dispute shall arise relating to—
44. Powers of Minister
45. Amendment of SchedulesThe Minister may, from time to time, by statutory notice, amend, alter or add to any Schedule to this Act.[As amended by G.N. No. 227 of 1964]
46. RegulationsThe Minister may, by statutory instrument, make regulations to give force or effect to the provisions of this Act or to provide for its better administration.[As amended by G.N. No. 227 of 1964]
47. Execution and validity of documents etc.
48. Serving of notices
History of this document
31 December 1996 this version
23 December 1960