3. (1.) The Board may inquire into the suitability and Inquiries of Board. requirement for closer settlement of any unutilised land.

(2.) The members of the Board, with such assistants as may be reasonably necessary, may enter any such land, and remain thereon for such time as may be necessary to enable the Board to obtain sufficient information to report to the Minister, as hereinafter provided.

(3.) Land shall be deemed unutilised within the meaning of this Act, if the land, having regard to its economic value, is not put to reasonable use and its retention by the owner is a hindrance to closer settlement, and cannot be justified.

to Minister.

4. (1.) If the Board is unanimously of opinion that any Board to report land is unutilised within the meaning of this Act, and has so continued for upwards of two years, and should be made available for closer settlement, the Board shall report in writing to the Minister, and shall state in such report what, in the opinion of the Board, is the reasonable use to which the land should be put:

Provided that before making its report the Board shall give notice of its intention to all persons who, on search of the public registers at the Office of Titles, the Registry Office for Deeds, and the Department of Lands and Surveys, appear to have any interest in the land the subject of the inquiry; and any person affected by the proceedings of the Board may, at a time and place to be stated in such notice, appear before the Board and shall be heard.

(2.) The Board may take evidence on oath, which any member of the Board may administer.

(3.) The Board shall forthwith serve a copy of the report, as submitted to the Minister, on every person appearing from the said public registers to have an estate or interest in the land.

(4.) Any such person may within thirty days after the service of a copy of such report appeal to a Judge of the Supreme Court, who may take evidence, and confirm, vary or annul the report, and the decision of the judge. shall be final.

declared subject

5. The Governor, after taking into consideration the Land may be report of the Board, and subject to any appeal therefrom to this Act.

Notice to owner.

Owner may notify intention to subdivide.

may, by notice in the Gazette, declare the land reported upon to be subject to this Act.

6. (1.) When any land is declared to be subject to this Act, the Board

(a) shall, by notice in writing duly served, inform the owner and all persons to whom notice is required to be given under section four, that the land, or some part of the land, is required for the purposes of this Act; and, in such case, (b) shall send a copy of such notice to the Registrar of Titles, and the Registrar shall thereupon note the same in the register-book if the land is under the Transfer of Land Act, 1893, and if the land is not under that Act, shall register a memorial of the notice in the Registry Office for Deeds: Provided that if the land is held on conditional purchase lease or other contract not registered as a Crown lease under the Transfer of Land Act, 1893, such notice shall be sent to the Under Secretary for Lands, and shall be entered by him in the register-book kept in the Department of Lands and Surveys. (2.) Forthwith after the receipt of any such notice, the owner shall cause a copy thereof to be served upon any person having, to his knowledge, any unregistered interest in the land under the owner. Any owner who neglects to cause a copy of such notice to be served as aforesaid shall be liable to a penalty not exceeding fifty pounds.

(3.) Within four months after the service of such notice by the Board, the owner may notify the Board in writing of his intention

(a) to himself put the land described in the notice

in the Gazette to that reasonable use to which, in the opinion of the Board, it should be put ;

or

(b) to subdivide the said land, and offer the sub

divisions for sale.

(3a.) If the owner notifies the Board of his intention to himself put the land to that reasonable use to which, in the opinion of the Board, it should be put, he shall, within one year from the date of such notice, make substantial progress therewith to the satisfaction of the Board, and thereafter continue to do so.

notice.

(4.) If the owner notifies the Board of his intention to Effect of such subdivide the land and offer the subdivisions for sale, he shall

(i.) forthwith submit to the Board for its approval a
scheme for the subdivision of the land; and
(ii) make as and when required by the Board the
surveys of the land, or such portions thereof
as in the opinion of the Board are suitable for
closer settlement, in accordance with the regu-
lations under the Land Act, 1898, and the
Transfer of Land Act, 1893, so far as applic-
able; and

(iii.) cause the subdivisional lots, as required by the
Board from time to time, to be offered for
sale by auction or private contract at such
reasonable upset prices, and upon such reason-
able terms and conditions, as the Board may
approve.

(5.) A notification by an owner under subsection three, and the consequences thereof, shall be binding upon all persons having or thereafter acquiring any estate or interest in the land, legal or equitable, including mortgages and other encumbrances.

land.

7. (1.) If, after service by the Board of notice under Acquisition of section six, an owner fails to notify the Board under paragraph (a) or (b) of subsection three of section six, within the prescribed time, of his intention to himself put the land to reasonable use, or to subdivide the land for sale, the Governor may, by notice in the Gazette, declare that the land, or a defined portion thereof, has been taken under this Act for the purpose of closer settlement.

(2.) Upon publication of such notice in the Gazette-
(a) the land therein referred to shall by force of this
Act become and be absolutely vested in His
Majesty as if the same had been surrendered
to the Crown, free and discharged from all
leases, contracts, trusts, mortgages, encum-
brances, and charges thereon, and all interests
therein and
;

(b) the estate and interest of every person in such
land, whether legal or equitable, shall be
deemed to have been converted into a claim
for compensation under this Act.

Default by owner

after notification to subdivide for sale.

(3.) Subject as hereinafter provided the sections of Part III. of the Public Works Act, 1902, relating to the right to, the recovery of, and the application of compensation or purchase money for land acquired under that Act, shall apply when land is taken under the provisions of this section, and are incorporated herewith:

Provided that if the compensation is not agreed upon between the owner and any mortgagee or other person having any interest in the land and the Board, the amount thereof shall be determined by arbitration under the Arbitration Act, 1895:

Provided also that where a claimant is a tenant under the owner of the land, the compensation for such interest shall be assessed at the probable and reasonable price at which the claimant's interest in the land and improvements might have been expected to sell at the time when the land was taken under this Act:

Provided also that where the land of an owner is encumbered by a lease, the arbitrators in determining the amount of compensation to be paid to the owner shall take into consideration the depreciation (if any) in the value to the owner of the land and improvements by reason of the existence of the lease.

(a) after having notified the Board of his intention to put the land to reasonable use, shall not, in the opinion of the Board, duly comply with subsection (3a) of section six ; or

(b) after having notified the Board of his intention to subdivide his land for sale, shall not, in the opinion of the Board, duly comply with subsection four of section six,

the Board may serve upon the owner a notice of his default in the prescribed form; and thereupon the owner shall be deemed to have failed to notify the Board under either paragraph (a) or (b) of subsection three of section six and section seven shall apply.

Provided that an owner may, at any time within two months from the service of such notice of default as aforesaid, appeal to a judge of the Supreme Court, who may either confirm the action of the Board, or direct the withdrawal of the notice of default, or make such other order as he may think fit, and the decision of the judge shall be final.

has been taken under this Act, the Board shall cause a copy of such notice to be served upon all persons who, on search of the public registers at the Office of Titles, the Registry Office for Deeds, or the Department of Lands and Surveys, appear to have any interest in the land.

the

NOU is ta

10. (1.) If any land taken under this Act comprises less own than the whole of the owner's holding or adjoining holdings take within the meaning of those words in the Land Act, 1898, the owner shall have the right to require the whole of such holding or adjoining holdings to be taken.

66

(2.) If the owner of land taken under this Act is the owner of other land which, although not an adjoining holding," is so used by him in conjunction with the land taken that without the land taken such other land cannot be put to profitable use, the owner of the land taken may, subject as hereinafter provided, require such other land also to be taken:

Provided that the Minister may require the question whether such other land is so used as aforesaid and therefore should be taken, to be determined by arbitration, as compensation is determined under subsection three of section seven.

(3.) The right conferred by this section on an owner shall extend to any legal or equitable mortgagee or other person having any lien upon the land if the claim of such person is not satisfied by the compensation payable for the part of the holding taken.

port

acqu

11. Notwithstanding anything in this Act to the con- own trary, any owner who, before a declaration is published inter under section seven that land has been taken under this Act, may notify the board of his desire to retain a portion of the land intended to be taken sufficient for the sustenance of himself and his family, and in such case he shall have the right to retain such portion of the land as may be agreed upon between such owner and the board.

Title

12. Where any land under the operation of the Transfer Regi of Land Act, 1893, is acquired under section seven of this Act, the Registrar of Titles shall, upon publication in the Gazette of the notice referred to in that section, register such land in the name of His Majesty by a memorandum on the certificate of title relating to such land.