AGY-2602 | Hay Land Board Office

Full description

The Hay Local Land Board was created by proclamation in the NSW Government Gazette of 2 January 1885. Archibald John Park was appointed member and chairman of the Local Land Boards for the Districts of Balranald, Balranald South, Deniliquin, Hay, Hay North, Hillston, Hillston North, and Wentworth with Head-office at Hay and James McGuinn was appointed Clerk in Charge of the Local Land Board Office at Hay. (1)

The system of Local Land Boards was established by An Act to regulate the Alienation Occupation and Management of Crown Lands and for other purposes, 1884 (48 Vic. No.18, 1884).

Local Land Boards were created for every land district or for a combination of districts. Boards were to consist of a maximum of three members appointed by the Governor. One member was the chairman who received a salary, the other members received a fee for their duties. (2) Board members were liable to be fined if they sat on cases in which they had an interest. (3) If the Chairman was absent from a meeting an acting chairman could be appointed from the Board members present or the meeting could be deferred. Vacancies on the Board could be declared if a member resigned, was removed from office, became insolvent or was absent from three consecutive meetings. (4)

Local Land Boards could 'hear examine and report on'
(a) any matter referred to it by the Minister which may be the subject of compensation, complaint, appraisement or inquiry under the provisions of repealed acts
(b) cases relating to the failure of residence or improvement of a conditional purchaser
(c) any complaints about conditional purchases in violation of the provisions of the 1861 acts. (5)

The Local Land Board heard and determined all matters before it sitting as in open court. Evidence was given under oath and the Board's procedure was the same as a Court of Petty Sessions. The Chairman was a Justice of the Peace and had the powers and authorities as a justice in the Court of Petty Sessions. If summoned, the attendance of witnesses was compulsory. They could be required to produce documents and other evidence and could be reimbursed for travelling and appearance costs. Litigants had the right of legal representation and to examine witnesses. The decision of the Board was given by the Chairman if unanimous. If the Board was not unanimous the decision was determined by vote. Unauthorised persons could lodge complaints with the Board through the Land Agent upon the payment of a fee. The Minister could request a re-hearing of a case which he believed the Board had insufficiently considered. The Board could refer decisions to the Minister. (6) Any Board member could sign summonses but the Chairman signed certificates immediately after the decision was made. All papers related to the case were forwarded to the Minister. (7)

Appeal against a decision of a Local Land Board could be made by either party by application to the Minister within 28 days of the adjudication. Appeals were heard by the minister in open court . Litigants were entitled to legal representation but no additional evidence could be tendered. The decision of the Minister was final although if he believed that further evidence should be taken the case could be referred back to the Local Land Board. Which may amend its previous decision. (8)

The Land Court was established in 1889 (9) and renamed the Land Appeals Court in 1892. This Court heard appeals from the Local Land Boards in lieu of the Minister.

The Local Land Board gradually began to hear matters on other legislation affecting land by 2002 this legislation included the Commons Management Act, Dividing Fences Act, Roads Act, Rural Lands Protection Act, Water Management Act and the Western Lands Act.

The introduction of the Western Lands Act 1901 (No. 70, 1901), established the Western Lands Board on 1 January 1902. As a result of this, the Hay Land Board District was markedly altered in terms of its geographical boundaries. (9)

In 1988 the Hay Local Land Board, was classified as a Regional Land Office (10), however by 1995 the Hay Local Land Board had had its status reduced to a District Office of the Murrumbidgee Region (11).

From 11 August 1989 the boundaries of the Hay Land Board District were altered by the addition of the Land Districts of Coomealla and Tullakool and the exclusion of the Land District of Narrandera. The Land District of Narrandera then became the responsibility of the Griffith Land Office. (12)

Endnotes
(1) NSW Government Gazette, 2 January 1885, pp.195-196.
(2) Crown Lands Act 1884, s.11
(3) Loc. Cit. .
(4) Ibid. s. 14 (VIII)
(5) Ibid. s. 13
(6) Ibid. s. 14
(7) Ibid. s. 14 (IX)
(8) Ibid. s. 18-19
(9) Department of Lands annual report for the year ended 31 December 1902 in the Votes and Proceedings of the Legislative Assembly, 1903, Vol. 6, p.513.
(10) Department of Conservation & Land Management annual report for the years 1987-1988, p.39.
(11) Department of Land & Water Conservation annual report for the year ended 31 December 1995, p.120.
(12) NSW Government Gazette No.88, 11 August 1989, p.5600.