Small Holding Colonies Act 1916

1916 CHAPTER 38 6_and_7_Geo_5

An Act to provide for the acquisition and management of land by the State for experimental Small Holding Colonies, and to extend the powers of acquisition and management of land by certain government departments under the Development and Road Improvement Funds Act, 1909, and for other purposes connected therewith.

[23rd August 1916]

1 Power of Board to acquire land for small holding colonies

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1the Board of Agriculture and Fisheries (in this Act referred to as “the Board”) for the purpose of providing . . . F1 small holding colonies may, with the consent of the Treasury, acquire by agreement any land which, in the opinion of the Board, is suitable for that purpose.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3in the selection of persons to be settled on the land so acquired the Board shall give preference to persons who have served in the naval or military forces of the Crown in the present war.

(4)For the purpose of the acquisition of land by agreement under this Act, the Lands Clauses Acts shall be incorporated with this Act except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement and the provisions relating to the sale of superfluous land and the provisions with respect to any lands being common or waste land.

(5)Where a labourer, who has been regularly employed on any land acquired by the Board for the purposes of this Act, proves to the satisfaction of the Board that the effect of the acquisition was to deprive him of his employment, and that there was no employment of an equally beneficial character available to him in the same locality, the Board shall pay to him such compensation as they think just for his loss of employment or for his expenses in moving to another locality, and any sum so paid shall be treated as part of the expenses of the acquisition of the land.

2 Power of Board to promote cooperation in connection with small holdings colonies

With the consent of, and subject to regulations made by, the Treasury, the Board may promote the formation or extension of societies on a co-operative or co-partnership basis, having for their object, or one of their objects, the establishment or profitable working of holdings provided under this Act, whether in relation to the purchase of requisites, the sale of produce, credit banking, or insurance, or otherwise, and may assist any such society by making grants or advances to the society, or guaranteeing advances made to the society, upon such terms and conditions as to rate of interest and repayment or otherwise, and on such security, as the Board think fit, and the Board where they think fit may transfer to any such society the whole or any portion of any colony of small holdings provided under this Act upon such terms and conditions as the Board may think fit:

3 Powers in relation to acquisition of land

The power of acquiring land conferred on the Board by this Act . . . F1shall include power by agreement to take land on lease or acquire an option of purchasing land or taking land on lease.

4 Powers of management of land acquired

(1)The Board shall, in relation to any land acquired by them under this Act or under Part I. of the Development and Road Improvement Funds Act, 1909, whether acquired before or after the passing of this Act, have power—

(a)to let or manage the land or improve the same by the erection of buildings or otherwise;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c)subject to compliance with any conditions prescribed by regulations made by the Treasury, or with the consent of the Treasury, to sell or exchange the land, and so that the purchase money on the sale of a small holding to a person willing himself to cultivate the holding may be made payable in periodical instalments or otherwise as the Treasury may direct.

(2)Where a small holding is sold by the Board under this Act the provisions of section twelve of the M1Small Holdings and Allotments Act, 1908, relating to a small holding sold by a county council under that Act shall apply as if herein re-enacted with the necessary adaptations.

5 Expenses and receipts of Board

(1)Any expenses of the Board incurred in the exercise of any of their powers under this Act in relation to land acquired . . . F1 under the M1Development and Road Improvement Funds Act, 1909, shall be defrayed out of any advances made to the Board for the purpose under that Act; and any sums received by the Board in respect of any such land shall be applied as the Treasury may direct.

(2)Any sums expended or received by the Board in pursuance of their powers under this Act in relation to land acquired under this Act, shall be paid out of or into the Small Holdings Account.

6 Particulars of valuations to be ascertained and recorded

Where land is purchased or leased under this Act the Board shall ascertain and record the annual value thereof as adopted for rating purposes at the date of such purchase or lease, and these particulars, together with the amount of the price or rent, shall be included in the information set out in the annual report presented to Parliament:

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

8 Interpretation and miscellaneous

(1)For the purposes of this Act and the Lands Clauses Acts as incorporated with this Act the expression “land” includes any right or easement in or over land . . . F1

(2)The powers conferred by this Act are in addition to and not in substitution for any powers otherwise exerciseable by the Board.

(3)Any person who sells land to the Board or purchases land from the Board or exchanges land with the Board shall not be entitled to require proof of compliance with any conditions prescribed by regulations made by the Treasury, or of the consent of the Treasury, or be affected by any omission to comply with those conditions, or to obtain such consent.

9 Provisions as to solicitor to Board

The M1Revenue Solicitors Act, 1828, . . . F1(which relate to solicitors of various Government departments), shall extend and apply to the solicitor of the Board in like manner as they apply to the solicitors of the Government departments therein mentioned.

10 Annual report of proceedings to Parliament

The Board shall present to Parliament an annual report of their proceedings under this Act which shall include a statement of the financial position of each colony.

11 Application to Scotland

This Act shall apply to Scotland, subject to the following modifications:—

(a)“The Board of Agriculture for Scotland” shall be substituted for “the Board of Agriculture and Fisheries,” . . . F1“the Agricultural (Scotland) Fund” shall be substituted for “the Small Holdings Account,” “easement” means servitude, and “small holding” means a small holding as defined in section thirty-three of the M1Small Landholders (Scotland) Act, 1911:

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1nine of this Act shall not apply:

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

12 Short title and extent

(1)This Act may be cited as the Small Holding Colonies Act, 1916.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1