Our First Half-Century Part 24

The selector of an Agricultural Farm, who has obtained priority by undertaking to reside personally thereon during the first five years of the lease, must comply strictly with that undertaking, and is not allowed during such period to mortgage, transfer, or a.s.sign the holding.

After five years of the term have elapsed, the prescribed conditions of occupation and improvement having been duly performed, a deed of grant may be obtained on payment of the balance of the purchasing price and deed fees.

PERPETUAL LEASE SELECTIONS.

Land proclaimed to be open for Agricultural Farm Selection may also be opened for Perpetual Lease Selection, and the latter mode may be conceded priority of application over the former. The rent for the first period of ten years of the lease is 1 per cent. on the proclaimed purchasing price of the land for Agricultural Farm Selection. The rent for each succeeding period of ten years shall be determined by the Land Court. The same conditions of occupation and improvement as are prescribed for Agricultural Farms are attached to Perpetual Lease Selections, and, except as specially prescribed, the provisions relating to Agricultural Farms apply to them also. As the name implies, the selections are leases in perpetuity, and are not capable of being converted to freeholds.

AGRICULTURAL HOMESTEADS.

Land open for selection as Agricultural Farms is not available for Agricultural Homesteads unless so proclaimed. The area allowed to be selected as an Agricultural Homestead varies with the value of the land, and is fixed by proclamation within the following limits, viz.:--160 acres in the case of land valued for Agricultural Farm Selection at not less than 1 an acre; 320 acres in the case of land valued at less than 1 but not less than 15s. an acre; and 640 acres in the case of land valued at less than 15s. an acre. The price for an Agricultural Homestead is 2s. 6d. an acre, the annual rent 3d. an acre, and the term ten years.

The land must be continuously occupied by the selector residing personally thereon.

Within five years from the issue of the license to occupy, or such extended time as the Land Court may allow, the selector must enclose the land with a good and substantial fence, or make substantial and permanent improvements on it equal in value to such fence. On the completion of the improvements the selector becomes ent.i.tled to a lease, which, however, is not negotiable in any way.

At any time after five years from the commencement of the term, on the selector proving that the conditions have been duly performed and that the sum expended in improvements on the land has been at the rate of 10s., 5s., or 2s. 6d. an acre respectively according to the value of the land, he may pay up the remaining rents so as to make his total payments equal to 2s. 6d. an acre, and obtain a deed of grant of the land in fee-simple. A deed fee must be paid.

FREE HOMESTEADS.

Land is not available for Free Homestead Selection unless specially so proclaimed, and the area of no selection must exceed 160 acres. The term is five years, and during that period the selector must occupy the land by personally residing on it, and must effect improvements to the total value of 10s. per acre. A Free Homestead cannot be sold or mortgaged until a deed of grant is obtained.

GRAZING SELECTIONS.

GRAZING FARMS.

The greatest area which may be applied for as a Grazing Farm under any circ.u.mstances is 60,000 acres, but, as in the case of other modes of selection, each proclamation opening land for grazing selection declares the maximum area which may be selected in the area to which it applies. In the event of lands open under different proclamations and of a total area exceeding 20,000 acres being applied for by the same person, a rental limitation of 200 per annum must be observed as well as the maximum areas declared by the several proclamations. Thus, of lands open at 2d. an acre, the greatest area obtainable would be 24,000 acres; at 1d. an acre, 32,000 acres, and so on. The term may be fourteen, twenty-one, or twenty-eight years, as the opening proclamation may declare. The annual rent for the first period of seven years may range from d. an acre upwards, as may be proclaimed or tendered. The rent for each subsequent period of seven years will be determined by the Land Court.

A Grazing Farm must be continuously occupied by the selector residing personally on it, or by his manager or agent doing so.

Within three years from the issue of the license to occupy, or such extended time as the Land Court may allow, the selector must enclose the land with a good and substantial fence, and must keep it so fenced during the whole of the term. In the case of two or more contiguous farms, not exceeding in the aggregate 20,000 acres, the Court may by Special License permit the selectors to fence only the outside boundaries of the whole area. If the proclamation declaring the land open for selection so prescribed, the enclosing fence must be of such character as to prevent the pa.s.sage of rabbits. In the case of a group of contiguous Grazing Farms not exceeding eight in number, or 200 square miles in total area, and which are situated within a District const.i.tuted under "_The Rabbit Boards Act, 1896_," the Court may by Special License permit the enclosure of the whole area with a fence of such character as to prevent the pa.s.sage of rabbits, instead of requiring each farm to be separately enclosed.

The selectors of a group of two or more Grazing Farms, the area of none of which exceeds 4,000 acres, may a.s.sociate together for mutual a.s.sistance, and on making proof of _bona fides_ to the Commissioner may receive from him a Special License enabling not less than one-half of the whole number by their personal residence on some one or more of the farms to perform the condition of occupation in respect of all the farms.

When a Grazing Farm is enclosed in the manner required, the selector becomes ent.i.tled to a lease of it, and may thereafter mortgage it; or, with the permission of the Minister, may subdivide or transfer it; or, with the approval of the Court, may underlet it.

GRAZING HOMESTEADS.

Land open for selection as Grazing Farms must also be open for selection as Grazing Homesteads, and at the same rental and for the same term of lease. As already stated, an application to select as a Grazing Homestead takes precedence of a simultaneous application to select the same land as a Grazing Farm. The requirements of the law as regards Grazing Homesteads are the same as in the case of Grazing Farms, except in the following respects:--

(1.) During the first five years of the term of a Grazing Homestead the condition of occupation must be performed by the continuous personal residence of the selector on the land.

(2.) Before the expiration of five years from the commencement of the term, or the death of the original lessee, whichever first happens, a Grazing Homestead is not capable of being a.s.signed or transferred. Unless with the special permission of the Minister, a Grazing Homestead may not be mortgaged.

SCRUB SELECTIONS.

Lands entirely or extensively overgrown by scrub may be opened for selection as Scrub Selections up to 10,000 acres in area and with a term of thirty years. These are cla.s.sed according to the proportion covered by scrub, and for periods varying from five to twenty years, according to the cla.s.sification, no rent is chargeable. During the first period the selector must clear the whole of the scrub in equal proportions each year, and must keep it cleared, and must enclose the selection with a good and substantial fence. The annual rent payable for the subsequent periods ranges from d. to 1d. an acre. A negotiable lease is issued to the selector when his application has been approved by the Court.

UNCONDITIONAL SELECTIONS.

The greatest area allowed to be acquired by any one person as an Unconditional Selection in one district is 1,280 acres; the price per acre ranges from 13s. 4d. upwards, and is payable in twenty annual instalments. As the term implies, no other condition than the payment of the purchase money is attached to this mode of selection. A negotiable lease for the term of twenty years is issued to the selector when his application to select has been approved by the Court. A deed of grant may be obtained at any time on payment of the balance of the purchasing price and the deed fee.

p.r.i.c.kLY PEAR SELECTIONS.

p.r.i.c.kLY PEAR INFESTED SELECTIONS.

p.r.i.c.kly Pear Infested Selections comprise lands heavily infested with p.r.i.c.kly pear. The area must not exceed 5,000 acres.

The term is fifteen years, with a peppercorn rental for the first ten years and an annual rent of one-fifth of the purchasing price for the remaining five years. During the first ten years of the term the land must be absolutely cleared of p.r.i.c.kly pear--one-tenth of the pear being eradicated during each year--and must be kept clear for the remainder of the term. The freehold may be obtained prior to the expiry of the term on proof being made that the land has been maintained free from p.r.i.c.kly pear for three years consequent on the eradication having been completed in advance of the prescribed period.

p.r.i.c.kLY PEAR FRONTAGE SELECTIONS.

p.r.i.c.kly Pear Frontage Selections are confined to proclaimed p.r.i.c.kly pear frontage areas, comprising lands free from or only lightly infested with p.r.i.c.kly pear, but which adjoin and do not extend for more than seven miles from lands heavily infested. The greatest area allowed is 5,000 acres.

The term is fifteen years, with a peppercorn rental for the first five years and an annual rent of one-tenth of the purchasing price during the remaining ten years. During the first five years of the term the land must be absolutely cleared of p.r.i.c.kly pear, one-fifth of the pear being eradicated during each year, and must be kept clear during the balance of the term. The freehold may be obtained prior to the expiry of the term on proof being made that the land has been maintained free from p.r.i.c.kly pear for three years consequent on the eradication having been completed in advance of the prescribed period.

p.r.i.c.kLY PEAR (BONUS) SELECTIONS.

In the case of p.r.i.c.kly Pear (Bonus) Selections, the freehold of the land, and a bonus in addition, are granted in return for the complete eradication of the pear. The maximum amount per acre payable as bonus is stated in the opening proclamation, but each applicant must lodge a tender specifying a bonus per acre not in excess of that mentioned in the proclamation. In the case of simultaneous applications for the same land, priority attaches to the lowest tender. The size of the portions opened must not exceed 2,560 acres. The term of lease is ten years, at a peppercorn rental throughout. The land must be absolutely cleared of p.r.i.c.kly pear during the first seven years--one-seventh each year--and the clearing must be maintained until the expiry of the lease. One-seventh of the bonus payable may be claimed at the end of each of the first seven years of the term, on proof to the satisfaction of the Commissioner that the condition of eradication has been complied with. If the eradication is completed at an earlier date than is required by the conditions of the lease, the balance of the bonus will then become payable. The freehold may be obtained prior to the expiry of the term on proof being made that the land has been maintained free from p.r.i.c.kly pear for three years consequent on the eradication having been completed in advance of the prescribed period.

OTHER MODES OF ACQUISITION.

Crown lands may be acquired in fee-simple by auction purchase in areas up to 5,120 acres. There is no limitation to the area of freehold land which may be held by any one person. The minimum purchasing price for agricultural land bought at auction is 1 an acre, and for other land 10s. an acre. Terms up to ten years may be allowed, with interest at 5 per cent. per annum on instalments paid after six months from the time of sale, or the purchaser may elect to hold the land as a lease in perpetuity at a rental, for the first ten years, equal to 3 per cent.

of the purchasing price, and for such rent for each succeeding period of ten years as the Land Court may determine.

Opportunity is also afforded for the occupation of Crown lands for pastoral purposes from year to year under an occupation license, or for a fixed term not exceeding forty-two years under pastoral lease.

There is no limitation to the area which may be held by one person under either of these tenures.

TERMS AND CONDITIONS OF SELECTION ON REPURCHASED ESTATES.

"THE CLOSER SETTLEMENT ACT OF 1906."

AGRICULTURAL FARMS.

1. An application to select must be made in the prescribed form, in triplicate, and be lodged with the Land Agent for the district in which the land is situated. It must be signed by the applicant, but may be lodged in the District Land Office by his duly const.i.tuted attorney, and must be accompanied by a deposit of one-tenth of the purchasing price of the land and one-fifth of the prescribed survey fee.

2. In the case of simultaneous applications for the same land, priority is secured by an applicant, other than a married woman or a single girl under twenty-one years of age, who, when making application, undertakes to reside personally on the land during the first five years of the term of lease. In other cases of simultaneous applications for the same land priority is determined by lot.