Land Laws Amendment Act 1926
Land Laws Amendment Act 1926
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Land Laws Amendment Act 1926
Land Laws Amendment Act 1926
Public Act |
1926 No 49 |
|
Date of assent |
9 September 1926 |
|
Contents
An Act to amend the Law relating to Crown and other Lands.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Land Laws Amendment Act, 1926, and shall be read together with and deemed part of the Land Act, 1924 (hereinafter referred to as the principal Act).
Part I Purchase of Crown Land on System of Deferred Payments
2 No Crown land to be hereafter disposed of on license to occupy with right of purchase.
(1.)
After the passing of this Act no Crown land shall be disposed of by way of occupation with right of purchase under Part III of the principal Act, but all Crown lands which might have been so disposed of may be disposed of by way of sale on deferred payments in the manner provided by the next succeeding section:
Provided that nothing herein contained shall be deemed to limit or affect the operation of section one hundred and forty-nine or section one hundred and fifty-one of the principal Act.
Consequential amendment of section 178 of principal Act.
(2.)
Section one hundred and seventy-eight of the principal Act is hereby amended by omitting the words “be selected for occupation with right of purchase or,”
and substituting the words “on deferred payments, or be selected.”
3 Purchase of Crown lands on system of deferred payments by equal instalments.
(1.)
The following provisions shall apply with respect to lands disposed of under the last preceding section:—
(a.)
The purchaser shall forthwith on the approval of his application to purchase pay a deposit of such amount as may be fixed by the Board, being not less than three per centum of the price of the land, and shall thereupon be entitled to receive a license to occupy the land.
(b.)
The license to occupy shall be for a period of thirty-four and a half years, to be reckoned from the next first day of January or first day of July following the date thereof.
(c.)
The license shall provide for the payment by half-yearly instalments of the balance of the purchase-money, together with interest thereon from the date of the license at the rate of five and one-half per centum per annum.
(d.)
Every such half-yearly instalment shall consist partly of principal and partly of interest, calculated in accordance with such table as may be prescribed.
(e.)
The first half-yearly instalment of principal and interest shall be payable on the thirtieth day of June or the thirty-first day of December, as the case may be, next following the expiration of six months from the date of the license, and the succeeding instalments shall be payable half-yearly in each year thereafter on the dates herein mentioned.
(f.)
With the first half-yearly instalment there shall also be paid the interest payable on the balance of purchase-money for the period between the date of the license and the date of commencement of the term thereof.
(g.)
(i.)
The licensee shall have the right at any time during the currency of his license to pay off either the whole of the purchase-money or any half-yearly instalment or instalments thereof then remaining unpaid.
(ii.)
The payment of any half-yearly instalment of the purchase-money so made shall not affect the periodical continuity of half-yearly instalments, but the amount of principal and interest included in the succeeding instalments shall be calculated according to the aforesaid table as if the half-yearly periods corresponding to the instalments so paid had expired, and the term during which instalments of principal and interest would otherwise have been payable shall be reduced accordingly.
(h.)
The provisions of section one hundred and twenty-three of the principal Act with respect to rebate of rent shall, with the necessary modifications, apply to payments of such part of the aforesaid instalments as consists of interest, and references in that section to rent shall in such application be deemed to be references to interest.
(i.)
The license to occupy shall be the in prescribed form, and shall contain, and the right of the licensee shall be subject to, such provisions for forfeiture of the right and interest of the licensee in the event of his failure to pay any instalment of principal and interest as may be prescribed.
(j.)
Upon payment of the purchase-money in full and of all interest thereon the purchase shall be deemed to be completed, and the Commissioner shall certify to the Minister that the licensee is entitled to a certificate of title in respect of the land purchased, and a certificate of title shall in due course be issued to him accordingly.
(2.)
Except in cases where residence may be dispensed with pursuant to the principal Act, residence on rural land comprised in a license granted in terms of this section shall be compulsory, and shall commence in the case of bush or swamp lands within four years, and in the case of open or partly open lands within one year, from the date of selection, and thereafter such residence shall be continuous for ten years.
(3.)
The following provisions of the principal Act shall, with the modifications (if any) hereinafter specified, apply with respect to licenses granted in terms of this section, namely:—
(a.)
Section ninety (prescribing conditions attaching to leases and licenses of Crown lands).
(b.)
Section one hundred and thirty-five (defining the power of the Governor-General to resume possession). Where possession of part only of the land comprised in a license granted in terms of this section is resumed pursuant to the said section one hundred and thirty-five, the purchase-money shall be reduced by a proportion thereof equal to the proportion borne by the value of the area resumed to the value of the whole area originally comprised in the license, and thereupon such adjustment as may be necessary shall be made in respect of future instalments of purchase-money and interest.
(c.)
Sections one hundred and thirty-six to one hundred and forty-one (relating to the payment of “thirds”
). For the purposes of this paragraph the amount of “thirds”
shall be computed in all respects as if the land comprised in the license had been disposed of by way of occupation with right of purchase under Part III of the principal Act.
(d.)
Sections one hundred and eighty-six and one hundred and eighty-seven (with respect to improvements to be effected by selectors of Crown land).
(4.)
Where the land comprised in any license granted in terms of this section is subject to the provisions of section one hundred and thirty-three of the principal Act, all references in that section or in section one hundred and thirty-four of that Act, as the case may be, to “rent”
shall in their application to such land be deemed to be references to the interest payable in respect of unpaid purchase-money for the period of exemption fixed pursuant to the said sections respectively.
(5.)
Where the land comprised in any license granted in terms of this section is revalued pursuant to section two hundred and sixteen of the principal Act, the committee appointed for the purposes of that section may reduce the price of the land from the first day of January or the first day of July next following the date of revaluation, and the instalments of principal and interest thereafter becoming payable shall be adjusted accordingly.
4 Restrictions on transfer of lands selected under this Part of this Act.
The Governor-General may from time to time, by Order in Council, declare that, in addition to the restrictions imposed by section ninety of the principal Act, any land disposed of or offered for disposal under this Part of this Act shall be subject to the condition that, save in exceptional circumstances and on the recommendation of the Board, with the approval of the Minister, such land shall not be capable of being transferred until improvements to such extent and of such character as may be prescribed have been effected thereon, or, in the event of failure to effect such improvements, until not less than twenty-five per centum of the price of such land has been received by the Crown.
5 Applying foregoing provisions of this Act to purchases at auction on deferred payment under principal Act.
(1.)
Section seventy-seven of the principal Act is hereby amended by repealing subparagraphs (i) and (ii) of paragraph (f) thereof.
(2.)
In lieu of the provisions hereby repealed there shall be substituted the provisions of paragraphs (a),(b),(c),(d),(e), (f), and (g)of subsection one of section three hereof, which shall be deemed to be incorporated into and to form part of the said paragraph (f) of the said section seventy-seven as if they were re-enacted in full and set out therein.
6 Provisions for payment of purchase-money by owners of leases in perpetuity who elect to acquire freehold.
(1.)
If the owner of a lease in perpetuity of any Crown land entitled to purchase the fee-simple thereof pursuant to the provisions in that behalf of the principal Act elects to purchase upon deferred payments, the following provisions shall apply:—
(a.)
He shall within three months after the delivery of the notice of his intention to purchase pay a deposit of such amount as may be fixed by the Board, being not less than three per centum of the price, together with all rent accrued and accruing due under the lease up to the date of the delivery of the notice.
(b.)
Upon such payment the lease shall determine, and he shall hold the land under license to occupy, but such license shall be subject to any right, title, interest, or encumbrance existing or vested in any person other than the lessee affecting the lease at the time of such determination.
(c.)
The license to occupy shall be for a period of thirty-four and a half years, to be reckoned from the first day of January or the first day of July next after the expiration of three months from the date of delivery of the notice.
(d.)
The license shall provide for the payment by half-yearly instalments of the balance of the purchase-money, together with interest thereon at the rate of five and one-half per centum per annum from the date of the delivery of the notice.
(e.)
Every such half-yearly instalment shall consist partly of principal and partly of interest, calculated in accordance with such table as may be prescribed.
(f.)
The first half-yearly instalment of principal and interest shall be payable on the thirtieth day of June or the thirty-first day of December, as the case may be, following the date of commencement of the term of the license, and the succeeding instalments shall be payable half-yearly in each year thereafter on the dates herein mentioned.
(g.)
With the first half-yearly instalment there shall also be paid the interest payable upon such part of the price as remains unpaid for the period between the date of delivery of the notice and the date of commencement of the term of the license.
(h.)
(i.)
The licensee shall have the right at any time during the currency of his license to pay off either the whole of the purchase-money or any half-yearly instalment or instalments thereof then remaining unpaid.
(ii.)
The payment of any half-yearly instalment of the purchase-money so made shall not affect the periodical continuity of half-yearly instalments, but the amount of principal and interest included in the succeeding instalments shall be calculated according to the aforesaid table as if the half-yearly periods corresponding to the instalments so paid had expired, and the term during which instalments of principal and interest would otherwise have been payable shall be reduced accordingly.
(i.)
The provisions of section one hundred and twenty-three of the principal Act with respect to rebate of rent shall, with the necessary modifications, apply to payments of such part of the aforesaid instalments as consists of interest, and references in that section to rent shall in such application be deemed to be references to interest.
(j.)
The license to occupy shall be in the prescribed form, and shall contain, and the right of the licensee shall be subject to, such provisions for forfeiture of the right and interest of the licensee in the event of his failure to pay any instalment of principal and interest as may be prescribed.
(k.)
Upon payment of the price in full and of all interest thereon the purchase shall be deemed to be completed, and the Commissioner shall certify to the Minister that the licensee is entitled to a certificate of title in respect of the land purchased, and a certificate of title shall in due course be issued to him accordingly.
(2.)
Except in cases where residence may be dispensed with pursuant to the principal Act, and save to the extent to which the conditions of the determined lease as to residence have been complied with, residence on rural land comprised in a license granted in terms of this section shall be compulsory, and shall commence in the case of bush or swamp lands within four years, and in the case of open or partly open lands within one year, from the date of selection, and thereafter such residence shall be continuous for ten years.
(3.)
Except to the extent to which the conditions of the determined lease as to improvements have been complied with, the provisions of sections one hundred and eighty-six and one hundred and eighty-seven of the principal Act with respect to improvements shall apply with respect to licenses to occupy rural land on deferred payments granted in terms of this section.
(4.)
The provisions of section ninety of the principal Act shall, with the necessary modifications, apply with respect to licenses to occupy on deferred payments granted in terms of this section.
Repeal.
(5.)
This section is in substitution for section one hundred and seventy of the principal Act, and that section is hereby accordingly repealed. All references in the principal Act or elsewhere to the said section one hundred and seventy shall hereafter be read as references to this section.
7 Holders of existing licenses to occupy with right of purchase may acquire fee-simple on deferred payments.
The owner of an occupation-with-right-of-purchase license issued pursuant to Part III of the principal Act or the corresponding provisions of any former Land Act who has complied with all the conditions of his license may at any time during the currency of such license acquire the fee-simple of the land comprised therein on deferred payments in the manner prescribed by the principal Act with respect to the purchase of the freehold of lease-in-perpetuity lands, save that for the purposes of this section the price shall be deemed to be the cash price upon which the rent payable under the license (computed at the rate of five per centum per annum) was reserved.
8 Exchange of existing licenses to occupy land pending completion of purchase for similar licenses granted in terms of this Part of Act.
(1.)
Any owner of a license to occupy any land pending the purchase thereof on a system of deferred payments in existence at the time of the passing of this Act, whether such license has been granted under the principal Act or any former Land Act, or under the Land for Settlements Act, 1925, or any former Land for Settlements Act, or under regulations issued pursuant to the Discharged Soldiers Settlement Act, 1915, may, with the consent of the Board, at any time during the currency of such license, surrender his license and obtain in exchange a license to occupy on deferred payments subject to the provisions, with such modifications as may be necessary, of section six hereof.
(2.)
In any such case the term of the license granted under this section shall be computed as from the commencement of the term of the surrendered license, and all payments of principal and interest made under the surrendered license shall be deemed to have been made under and for the purposes of the new license.
(3.)
Any payments made under the surrendered license in excess of the payments that would have been required to be made under the new license shall be deemed to have been paid in advance, and the provisions of paragraph (h) of subsection one of section six hereof shall apply thereto accordingly; or, notwithstanding anything to the contrary in that paragraph, the amount of the excess may be applied to the extent thereof in payment of instalments of principal and interest becoming payable under the new license immediately after the date of the surrender of the existing license.
Part II National-endowment Lands
9 Permitting sale of certain national-endowment lands.
(1.)
Section one hundred and fifty-two of the principal Act is hereby amended by omitting from subsection one the words “(not being national-endowment land).”
(2.)
Section two hundred and ninety-three of the principal Act is hereby repealed.
(3.)
Section three hundred and fourteen of the principal Act is hereby amended by omitting from subsection three the words “any national-endowment land, nor of.”
10 Further provisions to permit of sale of national-endowment land.
Section three hundred and two of the principal Act is hereby amended as follows:—
(a.)
By repealing paragraphs (b), (c), (d), and (e) of subsection one; and by omitting from paragraph (a) the word “or.”
(b.)
By omitting from subsection two the words “in the case of unoccupied land.”
(c.)
By omitting from subsection three the words “In the case of any land which on the issue of a Proclamation in respect thereof under this section is held on renewable lease under the Discharged Soldiers Settlement Act, 1915, or is held on renewable lease under this Act or any former Land Act by any person competent to acquire land under the Discharged Soldiers Settlement Act, 1915, the lessee,”
and substituting the following words: “The owner of a renewable lease of national-endowment land.”
(d.)
By repealing subsection four thereof.
(e.)
By omitting from subsection five the words “In the case of any land which on the issue of a Proclamation in respect thereof under this section is held as a small grazing-run the lessee,”
and substituting the words “The owner of a lease of a small grazing-run of national-endowment land.”
(f.)
By inserting, after subsection five, the following new subsection:—
“(5a.)
Notwithstanding anything to the contrary in the last preceding subsection or in Part V of this Act, it shall not be lawful for the owner of a lease of a small grazing-run of national-endowment land to acquire as aforesaid the fee-simple of any area in excess of an area the price whereof, computed in the manner prescribed by section two hundred and forty-three hereof, would amount to seven thousand five hundred pounds:
“Provided that, notwithstanding that the limit imposed by this subsection may be thereby exceeded, the owner of a small grazing-run as aforesaid may acquire the fee-simple of the whole of the land comprised in his lease if the Minister, on the recommendation of the Board, determines that the area in excess of the area so limited is not suitable for a separate holding.”
(g.)
By repealing subsection six, and substituting the following subsection:—
“(6.)
The owner of a license issued under regulations made under the Land Act, 1892, or the corresponding regulations under the Land Act, 1908, or this Act, for the occupation of pastoral lands within any mining district may acquire the fee-simple of any national-endowment land comprised in his license in the manner prescribed by section three hundred and fourteen of this Act.”
(h.)
By inserting, after subsection eight, the following new subsection:—
“(8a.)
On the disposal of any national-endowment land by way of sale, or on the acquisition of the fee-simple of any such land, the Governor-General may by Proclamation declare that such land shall, as from a date to be specified in the Proclamation, cease to be national-endowment land, and every such Proclamation shall have effect according to its tenor.”
Part III Special Settlement of Inferior Lands
11 Section 223 or principal Act (relating to special settlement of inferior lands) amended.
Section two hundred and twenty-three of the principal Act is hereby amended as follows:—
(a.)
By repealing paragraph (d) of subsection three, and substituting the following paragraph:—
“(d.)
Every holder of a license issued under this section shall, within such times as may be prescribed by regulations in that behalf, put on the land comprised in his license substantial improvements of a permanent character to such value as may be prescribed:
“Provided that if the licensee resides on the land comprised in his license he shall be deemed to have complied with such regulations in so far as they prescribe the value of any improvements if within the times prescribed as aforesaid he puts on the land improvements to a value not less than one-half of the prescribed value.”
(b.)
By repealing subsection four thereof.
(c.)
By adding to subsection five the following proviso:—
“Provided that in any case where the licensee has effected improvements on the land comprised in his license to the extent prescribed with respect to the period of two years after the date of selection, or where by reason of special and unforeseen circumstances an assignment or other disposition is in the opinion of the Board and the Minister desirable, such disposition may be permitted.”
(d.)
By omitting from subsection seven the words “At any time after the expiration of seven years from the commencement of a license under this section, and before the expiry thereof,”
and substituting the words “At any time after completion of improvements to the value prescribed in respect of the period of six years after the date of selection.”
(e.)
By repealing subsection eight, and substituting the following subsection:—
“(8.)
On the surrender or forfeiture of any license under this section the provisions of sections eighty, eighty-one, eighty-two, and eighty-three hereof shall apply with respect to the improvements effected on the land comprised in the license.”
(f.)
By repealing subsections nine, ten, eleven, twelve, and thirteen.
(g.)
By repealing paragraph (c) of subsection fourteen.
(h.)
By repealing paragraph (d) of subsection sixteen, and by inserting the following new paragraph:—
“(d.)
Conditions requiring the residence of licensees on lands selected under this section, and the circumstances in which such residence may be dispensed with.”
Part IV Settlement Lands
12 Applying provisions of this Act as to deferred payments to purchases of freehold of settlement land held under leases in perpetuity.
(1.)
Section eighty-two of the Land for Settlements Act, 1925, is hereby amended by repealing subsection eight thereof.
(2.)
In lieu of the provisions hereby repealed there shall be substituted the provisions of paragraphs (a), (b), (c), (d), (e), (f), (g), (h), and (j) of subsection one of section six hereof, which shall be deemed to be incorporated into and to form part of the said section eighty-two as if they were re-enacted in full and set out therein.
13 Capital moneys in Land for Settlements Account to be charged with interest.
(1.)
There shall, without further appropriation than this section, be paid out of the Land for Settlements Account into the Consolidated Fund interest at the rate of four per centum per annum on all capital moneys received from the sale of Crown lands and paid into the Land for Settlements Account pursuant to section twenty of the principal Act or the corresponding provisions of any former Land Act.
(2.)
In the case of moneys paid as aforesaid into the Land for Settlements Account before the first day of April, nineteen hundred and twenty-six, interest shall be computed as aforesaid as from that date; and in all other cases shall be computed as from the last day of the prescribed accounting period within which such capital moneys are received.
(3.)
In the event of the Land for Settlements Account showing a loss in any year, the amount of the interest payable under this section in respect of that year may be reduced by an amount not exceeding such loss.
14 Consolidation of borrowing authorities originating under former Land for Settlements Acts.
Section one hundred and eleven of the Land for Settlements Act, 1925, is hereby amended, as from the commencement of that Act, by adding the following as subsection two thereof:—
“(2.)
All securities issued after the date of the commencement of this Act in redemption, renewal, conversion, or replacement of any of the aforesaid securities shall be issued under this Act, which shall for this purpose be deemed to be the authorizing Act.”
Part V Miscellaneous
15 Owners of renewable leases of land not included in national endowment may acquire fee-simple.
(1.)
The owner of a renewable lease of any Crown land not included in the national endowment who has complied with all the conditions of his lease may at any time during the currency of the lease acquire the fee-simple of the land comprised therein in the manner prescribed by subsection three of section three hundred and two of the principal Act as amended by the foregoing provisions of this Act.
(2.)
The fee-simple acquired under this section does not include any minerals on or under the land. All such minerals shall remain the property of the Crown notwithstanding the grant of the fee-simple to the owner.
(3.)
The fee-simple acquired under this section in respect of any land situated within a mining district shall be subject to the same conditions, restrictions, and limitations as if section three hundred and fifteen of the principal Act applied thereto.
(4.)
This section shall not apply so as to authorize the acquisition of the fee-simple of any land within the Cheviot Estate, or of any land comprised in any endowment or reserve, or of any other land set apart or appropriated for any special purpose, or of any land in respect of which the right to acquire the fee-simple exists independently of this section.
16 Extension of provisions of principal Act as to relief of Crown tenants by way of remission or postponement of rent.
Section one hundred and twenty-four of the principal Act is hereby amended as follows:—
(a.)
By omitting from subsection one the words “not more than one year’s rent, or may postpone the payment of not more than one year’s rent at any one time, or three years’ rent in the aggregate, until such date as he may determine,”
and substituting the words “the rent payable in respect of any period or periods, not exceeding five years in the aggregate; or may postpone, until such date or dates as he may determine, the payment of rent in respect of any period or periods, not exceeding five years in the aggregate.”
(b.)
By omitting from subsection two the words “Interest at the rate of four per centum per annum,”
and substituting the words “Interest at such rate as the Minister may determine, being not less in any case than four per centum per annum.”
(c.)
By inserting, after subsection two, the following new subsection:—
“(2a.)
It may be a condition attached to the grant of any relief under subsection one hereof that the tenant shall, within such time as the Board may require, put on the land comprised in his lease or license substantial improvements of a permanent character of a kind to be approved by the Board, in addition to any improvements required by the terms of the lease or license, to a value not exceeding the amount of the rent remitted or postponed.”
(d.)
By adding to subsection four the words “and to the holder of any license granted under section one hundred and sixty-one of this Act or the corresponding provisions of any former Land Act.”
17 Extension of provisions of principal Act as to relief of Crown tenants made applicable to purchasers on deferred-payment system.
(1.)
The provisions of section one hundred and twenty-four of the principal Act as amended by the last preceding section (including the provisions as to additional improvements to be effected by tenants to whom relief is granted), and also the provisions of section one hundred and twenty-five of that Act, shall hereafter apply so as to enable relief to be granted to persons in occupation of Crown land under a license to occupy pending the completion of the purchase thereof on the deferred-payment system, as if the licensees in such cases were Crown tenants within the meaning of the said section one hundred and twenty-four, and as if the interest payable in respect of any unpaid purchase-money were rent.
(2.)
Where pursuant to section one hundred and twenty-five of the principal Act as applied by this section any interest the payment of which has been postponed has been added to the capital value, the amount of the periodical instalments of principal and interest to be thereafter made shall be adjusted accordingly.
18 Section 113 of principal Act (as to preference at ballots) amended.
Section one hundred and thirteen of the principal Act is hereby amended by adding, after paragraph (d) of subsection one, the following new paragraph:—
“(e.)
Applicants who, while domiciled in New Zealand, have served beyond New Zealand as members of any of His Majesty’s Forces in connection with any war other than the war with Germany.”
19 Section 380 of principal Act amended.
Section three hundred and eighty of the principal Act is hereby amended by omitting from subsection two the words “subsequently acquired by the mortgagee under section one hundred and twelve of the Land Transfer Act, 1915, or section eighty of the Property Law Act, 1908, the mortgagee may hold the land,”
and substituting the words “the power of sale contained or implied in the mortgage is subsequently exercised, any mortgagee who acquires the land or any part thereof at the sale may hold the same.”
20 Authority to vest Crown land in local authority for afforestation purposes.
(1.)
If in the opinion of the Governor-General it is expedient that any land vested in His Majesty and not reserved for any special purpose should be vested in any local authority in trust for the purpose of planting trees thereon, he may, by Order in Council, vest such land in that local authority for such purpose, with or without payment therefor, and subject to such terms and conditions as may be prescribed or imposed in such Order.
(2.)
If at any time a local authority in which any land is so vested fails to comply to the satisfaction of the Minister with any of the terms or conditions so prescribed or imposed, the Governor-General may, by Order in Council, revoke the vesting of the said land in the local authority, and thereupon the said land shall revert to His Majesty as Crown land available for disposal under the principal Act.
21 Provisions of principal Act as to revaluation of rural lands made applicable to certain lands disposed of to discharged soldiers.
(1.)
Section two hundred and sixteen of the principal Act is hereby amended by omitting from subsection nine the words “to which Part I of the Discharged Soldiers Settlement Amendment Act, 1923, applies,”
and substituting the words “which has been revalued under Part I of the Discharged Soldiers Settlement Amendment Act, 1923.”
(2.)
Save as provided in subsection nine of section two hundred and sixteen of the principal Act, as amended by this section, the provisions of the said section two hundred and sixteen shall apply with respect to rural land disposed of under the Discharged Soldiers Settlement Act, 1915.
Repeal
(3.)
Section fourteen of the Discharged Soldiers Settlement Amendment Act, 1923, is hereby repealed.
22 Repeal
Section twenty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act, 1911, is hereby repealed as from the commencement of the principal Act.
23 Correction of reference.
Section thirty-nine of the principal Act is hereby amended as from the passing of that Act by omitting from subsection one the words “subsection three of.”
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Versions
Land Laws Amendment Act 1926
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