preferential pastoral holding tenure, the notification shall specify the maximum area which may be applied for by any person who holds any estate or interest in a pastoral lease or grazing homestead perpetual lease, such maximum area being the aggregate, expressed in square
LAND ACT 1962-1984 ss. 53, 54 51
kilometres, of the areas respectively, of such estate or interest and of the land applied for; and may also specify a survey fee and impose-
(a) the condition of personal residence during the first seven years of the term of the lease;
(b) a stocking condition requiring that the land shall, within a specified period not exceeding three years, be stocked to its reasonable carrying capacity with the lessee's own sheep or cattle, or both sheep and cattle, and shall thereafter be used for producing wool, or cattle, or both wool and cattle.
As amended by Act of 1972, No. 31, s. 6 First Sch.; Act of 1984, No. 54, s.7.
Term of Lease
53. Term of lease (1959, s. 61). (1) The term of lease of a pastoral holding or preferential pastoral holding shall be determined by the Minister, and shall in no case exceed thirty years.
(2) The term of lease of a pastoral development holding shall be determined by the Minister, according to the expenditure likely to be incurred on the development of the land and to the developmental conditions to which the lease shall be subject, and shall in no case exceed fifty years:
Provided that a term exceeding thirty years shall be determined only if the lease is made subject to very extensive developmental conditions, involving abnormally high expenditure.
Disqualifications for Preferential Pastoral Holdings
54. Disqualifications for preferential pastoral holdings (1910, s.
40B). (1) Subject to this Act a person who is-
(a) in respect of the land applied for or held, or any part thereof or interest therein, a trustee, agent or servant of or for any other person; or
(b) a lessee of a pastoral lease or grazing homestead perpetual lease the aggregate of the area of which, ascertained in square kilometres, and of the area sought to be acquired as a preferential pastoral holding, exceeds the maximum area specified in the notification opening the land for lease as preferential pastoral holding or the maximum area pre- scribed by subsection (6) of this section as the case may be;
or
(c) a selector or lessee of a grazing homestead perpetual lease the rent for the first period of the lease of which, together with the rent for the first period of the preferential pastoral holding sought to be acquired, exceeds one thousand two hundred dollars per annum,
shall not be competent to apply for or hold a preferential pastoral holding.
52 s. 55 LAND ACT 1962-1984
(2) For the purposes of this section a joint lessee or holder of land under any tenure mentioned in paragraphs (b) or (c) of subsection (1) of this section shall be deemed to be the lessee or holder under the tenure in question of an area and at an annual rental respectively proportioned to his actual interest therein and, in the case of a joint applicant, the preferential pastoral holding applied for shall be deemed to be of an area and at an annual rental respectively proportioned to the interest therein for which he has applied.
(3) Any corporation whatsoever shall not be competent to apply for or hold a preferential pastoral holding.
(4) Proof that the stock of any person other than the lessee are ordinarily depastured on a preferential pastoral holding shall be prima facie evidence that the lessee is a trustee of such holding for the owner of the stock.
(5) (a) The provisions, other than paragraph (a) of subsection (1) and subsection (4), of this section shall not affect the right or title of any person to any preferential pastoral holding lawfully held by him as lessee under the repealed Acts immediately prior to the commencement of this Act, or the power of the Minister to grant to him under Part VI a new lease as a preferential pastoral holding of the whole or part of the land comprised therein or his right or title to take and hold such new lease.
(b) If, after the passing of this Act, a person who is the selector or lessee of a grazing homestead perpetual lease lawfully acquires a pref- erential pastoral holding, or the lessee of a preferential pastoral holding lawfully acquires a grazing homestead perpetual lease, he shall, not- withstanding the provisions of paragraph (c) of subsection (1) of this section, be competent to be granted pursuant to Part VI (whether in substitution for or upon expiry of the subsisting lease) a lease of any of the land comprised in the preferential pastoral holding, and to hold the new lease offered.
(6) For the purposes of this section the maximum area for a preferential pastoral holding issued otherwise than pursuant to this Part III shall be 250 square kilometres or where the area of the preferential pastoral holding in question exceeds 250 square kilometres the actual area of such holding.
As amended by Act of 1972, No. 31, s. 6 First Sch.; Act of 1984, No. 54, s. 8.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
Joint Ownerships
55. Joint ownerships (1910, s. 40c). (1) Any two or more persons, each of whom is qualified to apply for or hold a preferential pastoral holding not exceeding the area which may be applied for and held by any one person, may apply for or hold such a holding in their joint names as tenants in common or as joint tenants.
LAND ACT 1962-1984 s. 55 53
Where the condition of personal residence applies, the holding may only be applied for or held jointly by more persons than two under a tenancy in common and one of the joint applicants shall apply for or hold at least a half interest.
Such persons shall jointly perform all the conditions to which the holding is subject except-
(a) the condition of personal residence, which shall be per- formed by the continuous and bona fide residence on the holding of one of such joint holders who holds not less than one-half interest in the holding; and
(b) the condition of occupation, which shall be performed by the continuous and bona fide residence on the holding of any one of such joint holders or of a registered bailiff who is qualified to hold the holding in question.
(2) For the purpose of determining whether or not a joint holder is disqualified from applying for or holding another preferential pastoral holding, such joint holder shall be deemed to be the holder of an area proportioned to his actual interest in the jointly held holding.
(3) No transfer of a share in a preferential pastoral holding shall be registered except-
(a) a transfer with the permission of the Minister, from one joint holder, or the representative of a deceased or mentally sick joint holder, to the other joint holder or, where there are more than two joint holders, any one or more of the other joint holders; or
(b) a transfer with the permission of the Minister and the consent of all the other joint holders to another person qualified as prescribed.
(4) In the event of the bankruptcy of one of the joint holders, the conditions upon which the holding is held except the condition of personal residence may and shall, pending the disposal of the interest of the bankrupt by the trustee in bankruptcy, be performed by the other joint holder or holders as if he or they were the sole lessee or lessees;*
(5) In the event of the death, mental illness or bankruptcy of the joint holder required to perform the condition of personal residence the provisions of section one hundred and fourteen of this Act shall, with and subject to all necessary adaptations, apply as if that person were the sole lessee:
Provided that if the other joint holder holds a half interest in the preferential pastoral holding the condition of personal residence may be performed by that holder.
(6) Joint ownership under will or intestacy. (a) Notwithstanding anything contained in this Act, two or more persons may take and hold in their joint names as tenants in common or joint tenants a preferential
*Sic
54 s.56 LAND ACT 1962-1984
pastoral holding whereto they are entitled under the will of the deceased lessee or, in the case of the lessee having died intestate, from the administrator as their shares respectively as widower or widow or next- of-kin.
(b) Such persons shall jointly perform all the conditions to which the preferential pastoral holding is subject except the condition of personal residence or the condition of occupation, which shall be performed by the continuous and bona fide residence on the holding of any one of the lessees or of a registered bailiff who is qualified to hold the holding in question.
(c) For the purpose of determining whether or not a joint holder is disqualified from applying for or (save a preferential pastoral holding held by him alone or jointly at the date of death of the deceased lessee) holding another preferential pastoral holding, such joint holder shall be deemed to be the holder of an area and at an annual rental respectively proportioned to his actual interest in any jointly held preferential pastoral holding.
(d) No transfer of a share in a preferential pastoral holding taken and held jointly pursuant to the provisions of this subsection shall be registered except as provided by subsection (3) of this section.
(e) In the event of the bankruptcy of one of the joint holders, the conditions upon which the holding is held, except the condition of personal residence or the condition of occupation, may and shall pending the disposal of the interest of the bankrupt be performed by the other joint holders as if they were the sole lessees, and the condition of
personal residence or the condition of occupation may and shall be performed by the continuous and bona fide residence on the holding of any one of the joint holders other than the bankrupt or of a registered bailiff, who is qualified to hold the holding in question, appointed by the joint holders (other than the bankrupt) and by the trustee in bankruptcy.
Applications
56. Application for pastoral holding or pastoral development holding (1910, s. 41). (1) Any person who desires to apply for land open for lease under pastoral holding or pastoral development holding tenure, shall himself, or by his agent authorised in writing under his hand, lodge with the Land Agent at the place appointed by the opening notification, an application in the prescribed form.
(2) A person shall not lodge (either alone or jointly) more than one application for the same block and, if any person does so, every application whereto he is the sole or a joint party shall be rejected by the Committee of Review.
(3) The application shall be signed by the applicant personally or by his agent as aforesaid. It shall be for a block specified in the opening notification, and shall be accompanied by the amount of the deposit
LAND ACT 1962-1984 s. 57 55
specified in the opening notification, which shall be returned to the applicant if the application is not accepted.
(4) Public Curator as agent. Notwithstanding anything in this section in any case where a person desiring to apply for any block has appointed in writing under his hand the Public Curator to be his agent, it shall not be necessary for the Public Curator personally to lodge the appli- cation, but he may, by virtue of the power vested in him to appoint agents for the exercise of his functions, appoint any person (not being an officer of the Department) to act for him as the agent ofthe applicant.
(5) Withdrawal of applications. At any time before the Committee of Review has dealt with an application to lease land under pastoral lease tenure, such application may, with the approval of the Committee ofReview, be withdrawn, upon such terms as to forfeiture of the deposit or part thereof or otherwise as the Committee of Review may direct.
(6) Priority to occupier. The Minister may at any time prior to the time appointed for considering the applications, by notice to the Com- mittee of Review, direct that the application for any specified block of any person who is in occupation of such land or any part of it shall have priority, and such application shall be considered and dealt with in priority to all other applications as if it were the only application for the block specified in such notification.
(7) When application to be deemed made for certain other specified lots in same notification. Notwithstanding anything in this section, where an opening notification declares two or more blocks open for pastoral lease, any person may lodge with his application for any such block a notice, in the prescribed form or to the like effect, that he desires to be deemed an applicant for any other specified block or blocks included in the opening notification; whereupon, provided his application is accompanied by an amount equal to the amount of the greatest deposit for any of the blocks specified in his application and such notice, he shall be deemed to be an applicant for all blocks specified in such application and notice.
Nothing in this subsection authorises the holding by any person of a greater area either as pastoral holdings, or as pastoral development holdings, as the case may be, than is allowed in and by the opening notification in question.
As amended by Act of 1981, No. 21, s. 14.
57. Application for preferential pastoral holding (1910, s. 41). (1) The provisions of this section shall apply to applications made in respect ofland open for pastoral lease under preferential pastoral holding tenure.
(2) Except as provided in this section all the provisions of section fifty-six of this Act apply to applications in respect of land open for preferential pastoral holding.
(3) An application for a preferential pastoral hoJding, and any notice lodged therewith pursuant to subsection (7) of section fifty-six of this
56 s.57 LAND ACT 1962-1984
Act, shall be in the prescribed form and be signed by the applicant personally.
(4) Good faith (1910, s. 40n). Every application for a preferential pastoral holding shall be made in good faith.
(5) An application shall not be accepted unless the Committee of Review is satisfied that the application is made in good faith. The burden of proof that an application is made in good faith shall always rest upon the applicant.
(6) An application shall be deemed to be made in good faith when the sole object of the applicant is to obtain the land in order that he may hold and use it for his exclusive benefit.
(7) The fact that two or more applications are made by different applicants for the benefit of one person shall be conclusive evidence that none of such applications is made in good faith.
(8) In any case in which the Committee of Review is satisfied that an application is not made in good faith, it may declare any moneys lodged with the application, or any part of such money, to be forfeited.
(9) Stocking condition (1910, s. 40n). Where an opening notification declares land open for pastoral lease under preferential pastoral holding tenure subject to a stocking condition, each applicant shall be required to furnish, as part of his application, a declaration undertaking to fulfil such condition and setting out-
(a) his pastoral or land experience; and
(b) the means by which he proposes to finance the holding, and, if he proposes to borrow moneys for such purpose, the amount to be borrowed and the name and address of the bank, corporation or person from whom the amount is to be borrowed.
Where an applicant proposes to borrow as aforesaid, his application shall be accompanied by a statement in writing from the bank, corpo- ration or person named as aforesaid by the application as the proposed lender acknowledging the correctness of information with respect to his proposal to borrow furnished by the applicant.
(10) If the Committee of Review considers that the applicant's means for financing the holding, as expressed in the declaration, are inadequate or generally unsatisfactory, it may reject the application.
An applicant whose application is so rejected shall be excluded from any ballot to determine the successful applicant.
The decision of the Committee of Review to so reject an application shall be final and conclusive.
(11) (Repealed).
(12) (a) Notwithstanding the area and rental limitations prescribed by this Act when land is open for pastoral lease under preferential
LAND ACT 1962-1984 s. 58 57
pastoral holding tenure subject to the condition of personal residence, any person who, anywhere in the Commonwealth holds under the Crown in right of the Commonwealth or any State land in fee-simple or for any lesser estate than freehold-
(i) shall be disqualified from applying for and holding the land so open if, in the opinion of the Committee of Review the land so held by him comprises fifty per centum or more of a living area;
(ii) shall, if otherwise qualified as prescribed, be qualified to apply for and hold the land so open if, in the opinion of the Committee of Review, the land so held by him comprises less than fifty per centum of a living area.
For the purpose of this paragraph, where land is jointly held under any tenure, a joint holder shall be deemed to hold so much thereof as is proportionate to his interest therein.
(b) The applicant shall furnish as part ofhis application a declaration setting out particulars of all land (including freehold land) held by him anywhere in the Commonwealth, his interest therein, the situation and area thereof, description of country, state of development, carrying capacity or productivity (present and potential), estimated market value, and whether or not such land, in his opinion, comprises less than fifty per centum of a living area.
As amended by Act of 1968 (No.2), No. 49, s. 6; Act of 1981, No. 21, s. 15.
Determination of Successful Applicant
58. Determination of successful applicant. ( 1) Every application for land open for pastoral lease lodged by the appointed time which, on consideration as prescribed, the Committee of Review decides to have been made by an applicant who is not duly qualified under the provisions of this Act or the opening notification to hold the land, shall be rejected by the Committee of Review and excluded from any ballot that may be necessary to determine the successful applicant.
The decision of the Committee of Review rejecting an application shall be endorsed thereon.
(2) If only one application is received for land open for pastoral lease, or if, pursuant to subsection (6) of section fifty-six of this Act, the Minister has directed that any such application shall receive priority, and, after consideration as prescribed, the Committee of Review decides that the applicant is duly qualified under the provisions of this Act and the opening notification to hold the land, or, if in the case of simultaneous applications, on consideration as prescribed, the Committee of Review decides that only one applicant is duly qualified under the provisions of this Act and the opening notification to hold the land, the Committee of Review shall forthwith accept such application and the person making the application shall be the successful applicant and, subject to this Act, entitled to the issue of a lease of the land in his name. The decision of