AGY-4997 | Improvement Leases Board

Full description

The Improvement Leases Board was established by the Improvement Leases Cancellation Act 1906 (Act No. 42, 1906). The Act was assented to on 19 December 1906. (1)

The Board was to consist of three members including the President of the Board, who was to be a Judge of the Supreme Court of New South Wales. (2) The Board was vested with powers of inquiry under the Royal Commissioners Evidence Act, 1901 (Act No.23, 1901). The Board was also entitled to inspect any land, or improvements on that land. (3) The Board was appointed by the Governor on 6 March 1907, and comprised Sir William Owen (President), Colin J. Mc Master, and Christopher Brandis. (4)

The Board was established to deal with any current improvement leases which were the subject of inquiry by the Royal Commission on the administration of the Lands Department, and which were certified by Mr Justice Owens as being granted or purported to being granted under circumstances evidencing improper acts or serious irregularity. These leases were to be cancelled or forfeited. (5) The former lessee, who became the holder of a preferential occupation license, could then apply within sixty days of the lease cancellation for an improvement lease or leases, or for a lease under section 18 of the Crown Lands Act 1895 (58 Victoria, Act No.18). Land subject to a preferential occupation licence was reserved from sale or lease until notification in the Government Gazette that the licence had been revoked. (6)

The interim report of the Royal Commission on the Administration of the Lands Department had dealt with the matter of improvement leases. The Improvement Leases Cancellation Act, 1906 (Act No.42, 1906) gave effect to the conclusions drawn in the Royal Commission on the Administration of the Lands Department. Those leases were cancelled under that Act and were listed in the Government Gazette and the Board was appointed to inquire into the applications of the former lessees. (7)

The main function of the board was to inquire into and finally determine:
(a) Whether any and what part of such land (subject to a forfeited lease) may be leased under an improvement leases or under s. 18 of the Crown Lands Consolidation Act 1903 (Act No.15, 1903)
(b) The term, of lease not exceeding 28 years, the rent, and condition of any such lease
(c) Whether having regard to the circumstances surrounding the granting of cancelled leases and equities of the case, the former lessee should have a preferential right to the improvement lease or the lease should be by auction or tender.
(d) Whether, and to what extent, the former lessee should be entitled to tenant right as defined in s. 51 of the Crown Lands Act 1895 (58 Victoria, Act No.18). In any improvements effected during the currency of the cancelled improvement lease.
(e) The amount of preferential licence fee for such land. (8)

The Board held a preliminary hearing on 10 May 1907, and commenced hearings on 4 June 1907. Hearings were held in Sydney, and in regional areas. (9)

The Board investigated 168 forfeited leases, which included 115 dealt with in Sydney, 28 in Dubbo, 19 in Coonamble, and six in Forbes. (10)

Although, the Improvement Leases Board would have been formally abolished by the Crown Lands Consolidation Act 1913 (No.7, 1913), (11) as a board of inquiry vested with the powers of a Royal Commission, it probably concluded with the publishing of the final report on 12 November 1907. (12)


Endnotes:
(1) Improvement Leases Cancellation Act, 1906. s.4 (1).
(2) Loc. cit.
(3) Ibid. s.6 (a) and (b).
(4) NSW Government Gazette, 6 March 1907, p.1551.
(5) Improvement Leases Cancellation Act, 1906, op.cit., s.2.
(6) Ibid s.3.
(7) Final Report of the Royal Commission on Administration of Lands Department, in NSW Parliamentary Papers, First Session, 1907, Vol. 1, pp.3-4; NSW Government Gazette, (No.27), 27 February 1907, pp.1463-1465.
(8) Ibid s.4 (1) and (2).
(9) Improvement Leases Board: Minute Book, 4 June 1907 – 28 October 1907, SRNSW ref 3/2400
(10) Final report of the Improvement Leases Board, p.3 in NSW Parliamentary Papers 1907, Second Session, Vol.1, p.233.
(11) Crown Lands Consolidation Act, 1913. s.2 and Schedule 1.
(12) Final Report of the Improvement Leases Board, op. cit. p.3.