Allotments. A.D. 1926. Construc tion of Part I. Amend ment of Construction. 13. This Part of this Act shall have effect as if it were substituted for Part I. of the principal Act. Provided that nothing in this Act shall affect the terms and conditions on which a small holding purchased 5 or leased before the commencement of this Act is held. PART II. MISCELLANEOUS AMENDMENTS OF THE SMALL 14. In the definition of "small holding" contained 10 in section sixty-one of the principal Act, for the words definition of " fifty pounds," there shall be substituted the words one hundred pounds." 66 small holding." Amend ment of law as to the acquisition of land. 66 15. (1) The provisions of the Lands Clauses Acts incorporated with the principal Act by section thirty- 15 eight thereof for the purpose of the purchase of land by agreement under that Act shall not include section eighty-two of the Lands Clauses Consolidation Act, 1845, relating to the costs of conveyances. (2) Where one or more objections to an order for 20 the compulsory acquisition of land under Part I. of the First Schedule to the principal Act have been presented and not withdrawn, the Minister may dispense with the holding of a public inquiry and may confirm the proposed order without holding such an inquiry 25 in any case where he is of opinion that the objection or all the objections presented relate exclusively to matters which could be dealt with by the arbitrator to whom questions of disputed compensation are to be referred under the said Schedule, and the Minister may 30 for that purpose require any objector to state in writing the grounds of his objection. (3) For removing doubts as to the effect of the Acquisition of Land (Assessment of Compensation) Act, 1919, it is hereby declared : (a) that the said Act does not apply to the determination of a dispute as to the amount of compensation payable on the withdrawal of a 35 5 10 15 Allotments. notice to treat under subsection (8) of section A.D. 1926. (b) that the said Act has not affected the power 16. (1) Where a council in pursuance of the powers Provisions conferred by section forty-four of the principal Act have as to land given notice to the landlord of land compulsorily hired compulby them to renew the tenancy, it shall be lawful for the sorily hired. council to withdraw the notice at any time not less than 20 three months before the expiration of the tenancy if it appears to the council that the rent assessed in pursuance of the said section is such as will involve loss to the council, but in any such case the landlord shall be entitled to obtain from the council compensation for any 25 loss or expenses which he may have sustained or incurred by reason or in consequence of the notice to renew and of the notice to withdraw, such compensation to be determined in like manner as the compensation for withdrawal of notice to treat under subsection (8) of 30 section thirty-nine of the principal Act. (2) A notice to resume possession of the whole or part of land hired by a council compulsorily for small holdings or allotments given under section forty-six of the principal Act shall not be valid if given before it has 35 been shown to the satisfaction of the Minister that the land, possession of which is proposed to be resumed, is required for such a purpose as is mentioned in that section, and where an applicant has failed to satisfy the Minister that any land is required for such a purpose, any 40 further application to the Minister with a view to the resumption of possession of the same land or any part of it for the same purpose shall not be entertained if made within two years after the previous application. A.D. 1926. Power of tenant to purchase small holding held from a county council. Power to sell land without consent of Minister in certain cases. Minor amendments. Repeals. Short title and con struction. Allotments. 17. Subsection (3) of section eleven of the Land Settlement (Facilities) Act, 1919 (which enables the tenant of a holding provided by a county council on land purchased by the council to purchase the holding) shall apply only in the case of a tenant in occupation of 5 a small holding at the commencement of this Act; but in the case of a tenant of a small holding whose occupation thereof commences after the commencement of this Act, it shall be lawful for the county council to sell the small holding to him, subject to the provisions of this Act 10 relating to the sale of small holdings. 18. Notwithstanding anything in section twelve of the Land Settlement (Facilities) Act, 1919, it shall not be necessary for a county council to obtain the consent of the Minister to the sale of any land where the land 15 forms part of land which they have acquired under Part I. of this Act without such consent. 19. The amendments specified in the second column of the First Schedule to this Act (which relate to minor details) shall be made in the provisions of the Small 20 Holdings and Allotments Acts, 1908 to 1919, specified in the first column of that schedule. PART III. 20.-(1) The enactments mentioned in the Second 25 Schedule to this Act (including those relating to the Small Holdings Commissioners) are hereby repealed to the extent specified in the third column of that schedule. (2) Any references in any other Act to the Small Holdings Commissioners shall be construed as references 30 to such officers of the Ministry of Agriculture and Fisheries as the Minister may appoint for the purpose. 21.-(1) This Act may be cited as the Small Holdings and Allotments Act, 1926, and the Small Holdings and Allotments Acts, 1908 to 1919, and this 35 Act, may be cited together as the Small Holdings and Allotments Acts, 1908 to 1926. (2) This Act shall be construed as one with the principal Act. |