War Service Land Settlement Scheme Regulations 1954 (Western Australia)

Mechanically, the War Service Land Settlement Scheme Regulations 1954 (the Regulations) set out how the State administers land allotment, tenure, assistance and transitional purchase rights for persons who served in specified wars and operations. The instrument prescribes (a) who qualifies as an eligible person (regs 6 and 7); (b) the administrative bodies and their composition and procedures for classification, allotment and appeal (regs 24-40, 52-54); (c) the tenure form and payment regime for settlers, including rent, advances, repayment of advances for structural improvements and option to purchase the fee simple (regs 11-15, 19, 23-23A); and (d) conditions on residence, transfer, encumbrance and maintenance of improvements (regs 16-18, 17A). It also incorporates the schedules setting out application forms and certificates (First, Second and Third Schedules).

The Regulations change behaviour by allocating rights and imposing duties. Eligible veterans may be issued a qualification certificate (Second Schedule) and then apply for holdings (Third Schedule). Holdings are granted by lease under the scheme, with rent payable under the lease and the Minister empowered to receive repayments, to approve transfers, and to require insurance and upkeep of improvements (regs 11, 12, 17, 20, 18). The lease ordinarily converts to a Crown grant of fee simple only after the prescribed period, subject to conditions and a Ministerial fixed option price (reg 23). During the assistance period the settler’s net proceeds can be credited against their liabilities to the Minister (reg 13). The Regulations give the Minister broad administrative discretion, for example to approve or refuse transfers, to demand additional information when an applicant seeks to further encumber land, and to set conditions in accordance with Commonwealth conditions (regs 17, 17A, 23).

CrestWestern Australia

War Service Land Settlement Scheme Act 1954

War Service Land Settlement Scheme Regulations 1954

Reprinted under the Reprints Act 1984 as
at 17 May 2013

Western Australia

War Service Land Settlement Scheme Regulations 1954

Contents

Citation 1
Terms used 1
Administration 3
Land for settlement 3
Eligible persons 3
Eligible persons — members of the Forces (Korea or Malaya Operations) 7
Period of eligibility 10
Applications 10
Application for land set apart for selection 11
Rent 12
Lease 12
Earnings during assistance period 12
Payment for structural improvements 12
Advances 12
Residence 13
Transfers 13

17A. Further encumbrances 14

Care of improvements 16
Purchase of improvements 16
Insurance of improvements 17
Lessee to pay rates etc. 17
Rate of living allowance 17
Purchase of fee simple 18

23A. Application for review of option price 19

War Service Land Settlement Appeal Board 20
Classification Committee 21
Chairman of Committee 21
Absence of Committee member 21
Quorum 22
Committee meetings 22
Notice of meetings 22
Form for application for classification 22
Applicant attempting to influence Committee disqualified 22
Decision of Committee final 23
Interruption of Committee proceedings 23
Secretary of Committee 23
Correspondence with Committee 23
Duties of Classification Committee 23
Fees for Committee members and payment of staff 24
Travelling allowance 24
Allotment Board 24
Chairman of Allotment Board 25
Absence of Board member 25
Board meetings 25
Applications for allotments 25
Form of declaration 26
Evidence before Board 26
Variation of applications 26
Fees for Board members and payment of staff 26
Travelling allowance 27
Representation of applicant 27
Applicant attempting to influence Board disqualified 27
Decision of Board final 27
Interruption of Board meetings 27
Secretary of Board 27

First Schedule

Second Schedule

Third Schedule

Notes

Compilation table 35

Defined terms

Crest Reprinted under the Reprints Act 1984 as
at 17 May 2013

Western Australia

War Service Land Settlement Scheme Act 1954

War Service Land Settlement Scheme Regulations 1954

1. Citation

These regulations may be cited as the War Service Land Settlement Scheme Regulations 1954 1.

[Regulation 1 amended: Gazette 24 Aug 2004 p. 3662.]

[2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

3. Terms used

In these regulations, unless the context requires otherwise —

Act means the War Service Land Settlement Scheme Act 1954;

Allotment Board means the Board appointed by the Minister to deal with applications for holdings;

applicant means a person applying to participate under the scheme;

assistance period means the period of one year or such longer period as provided for in the conditions next following the allotment of a holding to a settler;

Board means the Land Settlement Board for the time being as appointed by the Minister;

Classification Committee means the Committee appointed by the Minister to determine the eligibility or otherwise of applicants under the scheme and to classify eligible persons as suitable (either immediately or after training or further experience) or as unsuitable for settlement;

conditions means the conditions determined by the Minister for the Interior of the Commonwealth of Australia in accordance with the States Grants (War Service Land Settlement) Act 1952 of the Parliament of the Commonwealth;

Crown lands means (subject to section 4(2) of the Land Act 1933 2) all lands of the Crown vested in Her Majesty, except land which is for the time being, reserved for or dedicated to any public purpose, or granted or lawfully contracted to be granted in fee simple or with the right of purchase under the Land Act 1933 2, or any Act repealed by that Act, and all lands between high and low water mark on the sea shore and on the banks of tidal waters;

eligible person means a person who, in accordance with the provisions of regulation 6 or 7, as the case may be, is eligible to participate in the scheme;

holding means the land allotted or to be allotted to a settler under the scheme;

lessee means the holder of a lease granted under the Act;

Minister means the Minister of the Crown for the time being charged with the administration of the Act;

prescribed means prescribed by the Act or any regulations made thereunder;

private land means all land other than Crown land;

project means an approved plan of settlement or such aggregation of approved plans of settlement as form a unit for development and subdividing;

regulations means regulations made under the Act;

scheme means the War Service Land Settlement Scheme which prior to the coming into operation 3 of the Act has been carried out and given effect under the Acts repealed by the Act and which after the coming into operation of the Act is to continue to be carried out under the Act in compliance with the conditions;

settler means an eligible person who has been allotted a holding under the scheme or an eligible person to whom a holding has been transferred;

structural improvements includes a house, shed or any other type of building whatsoever, fence, dam, water supply, domestic drain, bridge road dip or weir and fruit trees, vines and plantations.

4. Administration

The Board is directly responsible to the Minister for the management and control of private land acquired for the scheme or projects relating to Crown lands for the settlement of eligible persons under the scheme.

5. Land for settlement

For the purpose of being disposed of under the provisions of the Act to eligible persons, there may be set apart by notice published in the Government Gazette —

(a) areas of Crown lands;

(b) areas of land acquired by negotiation;

which have been developed as holdings, as required under the provisions of the Act.

6. Eligible persons

Persons with war service may apply to participate in the scheme and, in determining whether the applicant is an eligible person, the Classification Committee shall apply the following principles —

(a) In the case of an applicant with war service as defined in this regulation, an eligible person means a discharged member of the Forces who enlisted prior to 1 July 1947, and who has been honourably discharged after not less than 6 months’ war service or who having, in the opinion of the Classification Committee, been materially prejudiced by reason of his war service, has been honourably discharged after less than 6 months’ war service.

(b) For the purposes of this regulation —

(i) a member of the Forces who has ceased to be engaged on war service is deemed to have been discharged;

(ii) a person —

who was appointed or enlisted on or before 30 June 1947, for service in a part of the Defence Force, which was raised in time of war for war service, or enlisted on or before that date, solely for service in time of war or for service during that time and a definite period thereafter; or who enlisted in the permanent Forces after 30 June 1937 and before 1 October 1940, for a definite period not exceeding 12 years,

and whose service was not terminated before 30 June 1949, is deemed to have ceased to be engaged on war service on the last‑mentioned date;

(iii) member of the Forces means —

(a) a person who is or was, during the war, a member of the permanent Forces, other than the Australian Imperial Force; and

(b) a person who is or was, during the war, a member of the Australian Imperial Force; and

(c) a member of the Citizen Forces who is or was enlisted, appointed or called up for continuous service for the duration of, and directly in connection with, the war; and

(d) a person who is or was, during the war, engaged on continuous full-time service as a member of any of the following services —

The Royal Australian Naval Nursing Service;

The Women’s Royal Australian Naval Service;

The Australian Army Nursing Service;

The Australian Army Medical Women’s Service;

The Australian Women’s Army Service;

The Royal Australian Air Force Nursing Service;

The Women’s Auxiliary Australian Air Force;

and

(e) a member of a Voluntary Aid Detachment who is or was, during the war, engaged on continuous full‑time paid duty with any part of the Defence Force; and

(f) a member of the Naval, Military or Air Force of any part of the Queen’s Dominions other than Australia, who is or was, during the war, engaged on service in a prescribed area and was born in Australia or was, immediately prior to his becoming a member of any of those Forces, domiciled in Australia; and

(g) a person who is or was, during the war, engaged on continuous full‑time service with any Nursing Service or other Women’s Service auxiliary to the Naval, Military or Air Forces of any part of the Queen’s Dominions other than Australia, who was born in Australia or was, immediately prior to her becoming a member of that Service domiciled in Australia;

but does not include any enemy alien who served during the war as a member of the Army Labour Corps but not otherwise;

(iv) war means the war which commenced on 3 September 1939, and includes any other war in which Her Majesty became engaged after that date and before 2 September 1945;

(v) war service means —

(a) service as a member of the permanent Forces other than the Australian Imperial Force; or

(b) service in the Australian Imperial Force; or

(c) the service of a member of the Citizen Forces, when called out for war service in pursuance of the Defence Act 1903 of the Parliament of the Commonwealth, or during continuous training under that Act, the Naval Defence Act 1910, or the Air Force Act 1923 of the Parliament of the Commonwealth; or

(d) the continuous full‑time service in the Defence Force under any Act or under any regulations under an Act, of any person who volunteers and is accepted for that service during the war; or

(e) in the case of a person specified in paragraphs (d), (e), (f) or (g) of the definition of member of the Forces, service in any of the bodies specified in those paragraphs.

(c) The widow of a settler who was an eligible person under this regulation is also eligible to receive the benefits of the scheme in respect of the holding allotted to her husband at the time of his demise.

7. Eligible persons — members of the Forces (Korea or Malaya Operations)

Persons with war service within the meaning of this regulation may apply to participate in the scheme and in determining whether the applicant is an eligible person the Classification Committee shall apply the following principles —

(a) In the case of an applicant with war service an eligible person means a discharged member of the Forces, who has been honourably discharged after not less than 6 months’ war service or who having, in the opinion of the Classification Committee, been materially prejudiced by reason of his war service, has been honourably discharged after less than 6 months’ war service.

(b) For the purposes of this regulation —

(i) a member of the permanent Forces shall have been discharged not later than 2 years after termination of that member’s war service to retain eligibility;

(ii) member of the Forces means —

(a) a person who served on war service as a member of the Defence Force; and

(b) a person —

(i) who served on war service as a member of the Naval, Military or Air Forces of a part of the Queen’s Dominions other than the Commonwealth; and

(ii) who is resident in Australia or in a Territory of the Commonwealth and satisfies the Classification Committee that he was domiciled in Australia or a Territory of the Commonwealth immediately before his appointment or enlistment;

operational area means an area outside Australia that is prescribed under the Re‑establishment and Employment Act 1945 5, and its amendments, of the Parliament of the Commonwealth to be an operational area for the purposes of warlike operations in Korea after 26 June 1950, or in Malaya after 28 June 1950;

port includes airport;

war means the warlike operations in Korea after 26 June 1950, or in Malaya after 28 June 1950;

	war service means, in relation to a member of the Forces, his service while —

(a) a member of, or attached to, a body, contingent or detachment of the Naval, Military or Air Forces of the Commonwealth that was allotted for duty in an operational area; or

(b) allotted for duty in an operational area;

(iii) the war service of a member of the Forces —

(a) shall be deemed to have commenced —

(i) if he was in Australia at the time at which he was allotted for war service — at the time of his departure from the last port of call in Australia for that service; or

(ii) if he was outside Australia at the time at which he was allotted for war service — at the time at which he was so allotted;

and

(b) shall be deemed to have ended —

(i) in the case of a member of the Forces who has returned to Australia — at the time of his arrival at the first port of call in Australia; or

(ii) in the case of a member of the Forces who has been allotted for duty in an area outside Australia other than an operational area — at the time of his arrival in that area, or, if he was in that area at the time at which he was so allotted, at that time;

(iv) a member of the Forces who has ceased to be engaged on war service is deemed to have been discharged.

8. Period of eligibility

(1) A person who is an eligible person in accordance with the provisions of regulation 6 may apply to participate under the scheme not later than the later of the following dates —

(a) 2 September 1950; or

(b) the date, 5 years from the date when he ceased to be engaged on war service, if the last-mentioned date was not later than 30 June 1949.

(2) A person who is an eligible person in accordance with the provisions of regulation 7 may apply to participate under the scheme not more than 3 years after the later of the following dates —

(a) the date on which the applicant ceased to be engaged on war service; or

(b) the date of the cessation of hostilities in the Malaya and Korea operations as determined by the Commonwealth.

9. Applications

(1) An applicant shall —

(a) apply to the Classification Committee for classification; and

(b) lodge an application in the form of First Schedule; and

(c) obtain a qualification certificate to qualify to apply for a holding from the Committee in the form of Second Schedule.

(2) Where an applicant who has been granted a qualification certificate —

(a) fails within a reasonable time to apply for any holdings which have been gazetted as being open for selection; or

(b) is in the opinion of the Classification Committee no longer suitable for settlement,

the Committee may by notice in writing to the applicant cancel the certificate and thereupon the certificate is, subject to appeal, cancelled.

(3) Where a certificate is so cancelled, the holder of the certificate may within 30 days of the receipt by him of the notice of cancellation appeal to the Minister against the cancellation and the decision of the Minister on appeal is final.

10. Application for land set apart for selection

(1) An application in the form of the Third Schedule for land set apart for selection by eligible persons, may be lodged at the office of the department principally assisting in the administration of the Land Administration Act 1997, by an applicant during the period the land is gazetted as being open for selection.

(2) Where more than one application is received for the same piece of land during the period, the Allotment Board shall recommend to the Minister the applicant to whom the land is to be allotted.

(3) When, after the period, more than one application is received on the same day for the same piece of land which was not selected during the period, the Allotment Board shall recommend to the Minister the name of the applicant to whom the land is to be allotted.

[Regulation 10 amended: Gazette 29 Dec 2006 p. 5918.]

11. Rent

Rent shall be payable by the lessee in accordance with the provisions of the lease instrument under which the lessee is granted his holding and the rent shall be paid by the lessee to the Minister in accordance with the terms of the lease or to such other authority as the Minister may from time to time direct in accordance with the terms of the lease.

12. Lease

After the Allotment Board makes its recommendation for the allotment of a holding and the application therefor is approved by the Minister, a lease shall be issued in accordance with the conditions.

13. Earnings during assistance period

The net proceeds of the holding during the assistance period shall be paid by the settler to the Minister and shall, in such proportion as the Minister may direct, be credited against future obligations of the settler in respect of advances for stock, plant, equipment, improvements and rent or otherwise.

14. Payment for structural improvements

All payments towards the purchase of structural improvements shall be made to the Minister.

15. Advances

After the expiration of the assistance period, if an application for advances for the purpose of providing working capital, paying for and effecting improvements and acquiring stock, plant and equipment is made by a settler, it shall be made to and in the manner determined by the Minister.

During the assistance period any such advances shall be made at the direction of the Minister.

16. Residence

A settler shall personally reside on the holding for at least 11 months of each and every year of the first 5 years and for 9 months of each and every year from the sixth to tenth year from the date when the holding was first allotted to him.

17. Transfers

(1) A holding shall not be transferred, mortgaged or encumbered, except with the consent in writing of the Minister being first had and obtained.

(2) Approval shall not be given to any contract of sale or transfer of any holding, where the consideration is a premium for the interest in a holding, unless all amounts owing by the settler to the Minister or other Crown instrumentality, authority or agent have first been paid.

(2a) Notwithstanding the provisions of subregulation (2), where he is of opinion that the circumstances of the case so warrant, the Minister may at his discretion approve of any contract of sale of any holding without first requiring payment of all amounts owing by the settler to the Minister or other Crown instrumentality, authority or agent.

(3)(a) No contract of sale, sub‑lease, conveyance or other dealing in respect to any holding shall be entered into without the written approval of the Minister being first had and obtained.

(b) Where a settler commits a breach of this regulation the holding may be forfeited by the Minister.

(4) Until the full amount of any indebtedness to the Minister or other Crown instrumentality, authority or agent has been paid in respect to a holding, the holding shall not be mortgaged or otherwise encumbered other than to an authority or person approved of by the Minister.

(5)(a) If, within the first 5 years of acquiring a holding, on account of ill health or for any other good reason, a lessee wishes to determine his interest in the holding, he shall surrender the lease of the holding, in which event the lessee shall be compensated by the Minister for any improvements effected by him which are essential for the working of the holding, and from the amount of the compensation moneys there shall be deducted any amount owing to any Crown authority by the lessee.

(b) From and after the first 5 years and up to 10 years of a holding being acquired by a settler, a transfer of the holding shall not be approved other than to an eligible and qualified person, unless it is proved to the satisfaction of the Minister that there is no eligible and qualified person willing to acquire the holding and capable of working it.

(6) In the event of the insolvency or bankruptcy of a lessee during the first 5 years of acquiring a holding the lease of the holding shall be surrendered and re‑allotted to an eligible person; in the event of the insolvency or bankruptcy of a lessee from and after the first 5 years and up to 10 years after he has acquired a holding, a holding shall not be transferred to other than an eligible and qualified person, unless it is proved to the satisfaction of the Minister that there is no eligible and qualified person willing to acquire the holding and capable of working it, and in the event of the death of a lessee a holding may be transferred to the person entitled in distribution in intestacy or the lawful beneficiary of the lessee under his will.

[Regulation 17 amended: Gazette 8 Nov 1962 p. 3677; 31 May 1966 p. 1422.]

17A. Further encumbrances

(1) The lessee of land demised for tenure of perpetual leasehold by instrument of lease under the scheme that is mortgaged or otherwise encumbered may, with the approval of the Minister first had and obtained, further mortgage or otherwise encumber his interest in that land.

(2) Application for approval of the Minister under this regulation shall be made in writing and shall be lodged at the office of the Board together with a copy of the further mortgage or other encumbrance which the lessee proposes to execute.

(3) Upon application being made to him for approval pursuant to this regulation, the Minister may require the lessee to furnish such information as the Minister at his discretion considers necessary in respect to the financial position of the lessee and his proposal to further mortgage or otherwise encumber his interest in the land, and may require the provisions of the further mortgage or other encumbrance to be amended or modified in such manner and to such extent as the Minister thinks fit.

(4) Among the grounds upon which the Minister may refuse to give approval under this regulation are the following —

(a) if the further mortgage or other encumbrance expressly or impliedly contains any provision which in the opinion of the Minister would prejudicially or adversely affect or be likely so to affect any of the rights and powers conferred by the existing mortgage or other encumbrance on the mortgagee thereof;

(b) unless the person to whom the further mortgage or other encumbrance is proposed to be given executes such covenant or agreement as the Minister may require agreeing that the existing mortgage or other encumbrance shall, in respect to further advances made from time to time thereunder after and notwithstanding notice of that further mortgage or other encumbrance, have priority to that further mortgage or other encumbrance up to but not exceeding the limit of the moneys secured by the existing mortgage or other encumbrance;

(c) unless and until the provisions of the further mortgage or other encumbrance are amended or modified as required by the Minister pursuant to subregulation (3).

(5) Notwithstanding any provision contained in a further mortgage or other encumbrance to which the Minister has given approval in accordance with this regulation, no such approval shall —

(a) confer, or be deemed to confer, on the person to whom the further mortgage or other encumbrance is given, any right or power authorising or empowering him to override or derogate from any provision of the perpetual lease or these regulations; or

(b) prevent the exercise of any right or power under the existing mortgage or other encumbrance from being as valid and effectual as that exercise would be if the further mortgage or other encumbrance had not been approved and given.

[Regulation 17A inserted: Gazette 1 Nov 1961 p. 3041‑2.]

18. Care of improvements

All buildings, fences and other permanent improvements on a holding shall be kept in good and tenantable order and condition by the lessee in accordance with the terms of the lease of the holding, allowance being made for reasonable wear and tear and the Minister or his authorised agent may at any time enter upon a holding to ascertain if the conditions of this regulation are being performed and observed by a lessee. Where a lessee commits a breach of this regulation the Minister may cancel the lease and forfeit the holding.

[Regulation 18 inserted: Gazette 23 Nov 1955 p. 2864.]

19. Purchase of improvements

Structural improvements on a holding shall be purchased by the lessee and any advance made to the lessee by the Minister for this purpose shall be repaid by the lessee by equal half‑yearly instalments together with interest thereon at the rate of 3¾% per annum and the instalments shall be paid at the same time as the rental payments.

[Regulation 19 inserted: Gazette 23 Nov 1955 p. 2864.]

20. Insurance of improvements

(1) Until the full amount of any advance made by the Minister to the lessee to purchase structural improvements and interest thereon has been paid, a lessee shall insure and keep insured, all improvements being purchased, to their full insurable value, in the joint names of the Minister and the lessee in some public insurance office approved by the Minister, or with such insurer as the Minister directs, against loss or damage by fire.

(2) The lessee shall deposit with the Minister the policy of insurance and the receipt or receipts for the annual or other premium payable thereon.

(3) In the event of loss or damage by fire the lessee shall make good the loss or damage to the satisfaction of the Minister as soon as practicable.

(4) Where a lessee fails to effect and continue the insurance the Minister may, but shall not be obliged so to do, insure the improvements or improvement and pay any premiums therefor, and any premiums so paid and all incidental expenses shall be repaid by a lessee to the Minister on demand.

21. Lessee to pay rates etc.

A lessee shall be responsible for payment of all existing and future rates assessments and taxes in respect of a holding.

22. Rate of living allowance

The rates of living allowance payable to settlers during the assistance period, shall be the rates determined and approved for payment by the Parliament of the Commonwealth of Australia.

[Regulation 22 inserted: Gazette 15 Jul 1958 p. 1563.]

23. Purchase of fee simple

(1) Unless the conditions require otherwise the lessee of a tenure of perpetual leasehold of land demised by instrument of lease under the scheme may, subject to —

(a) the conditions; and

(b) the provision, if applicable to the land, of section 8(5) of the Act relating to mineral rights; and

(d) the provisions of the regulations for the time being in force where applicable; and

(e) compliance with the provisions of the lease instrument,

after the expiration of a period of 10 years from the commencement of the term of the perpetual lease or such shorter period as the Commonwealth and the State have determined or may determine where special circumstances exist and on payment of such purchase price for the fee simple as is fixed under the scheme by the Minister in accordance with the conditions purchase the fee simple in the land and on completion of the purchase is entitled to surrender the lease instrument and obtain in place of it a Crown Grant of the fee simple in the land.

(2) Subject to the conditions the following terms apply to the purchase of the fee simple in the land at any time and from time to time during the period of 10 years from the commencement of the term of the lease —

(a) Instalments of purchase money on account of the purchase may be paid in advance if all the commitments to be paid by the lessee under the lease have been met but the instalments shall not exceed in the aggregate 90% of the purchase price for the fee simple and on making payment of an amount on account of the purchase price interest on the amount so paid by him ceases to accrue.

(b) Instalments paid in advance shall not be withdrawn by the lessee.

(c) The lessee shall not be entitled to any adjustment of the rental payable under the terms of the lease consequent upon the payment of instalments of purchase money in advance.

(d) Advance payments of purchase money may be appropriated by the Minister in payment of arrears or rent, interest on other moneys payable to the Minister by the lessee.

(e) The obtaining of the fee simple by the lessee as provided in this regulation shall be subject to the surrender by him of the perpetual lease and payment of the sum then required to complete payment of the purchase price together with the necessary fees.

[Regulation 23 amended: Gazette 23 Nov 1955 p. 2865; 30 Aug 1957 p. 2636; 1 Nov 1961 p. 5042.]

23A. Application for review of option price

(1) The lessee of a tenure referred to in regulation 23(1) may, in accordance with, and subject to the provisions of, the conditions, within a period of 30 days after the expiration of a period of 10 years from the commencement of the term of the lease, make application in writing to the Minister for a review of the option price for the fee simple as fixed by the Minister on the grounds that the price, as so determined, was too high to allow a reasonable living based on the average price of primary products during that period of 10 years.

(2) On receipt of an application made under subregulation (1), the Minister may after such inquiry as he deems necessary and having regard to the reasonable market value of the holding, review the option price.

[Regulation 23A inserted: Gazette 15 Jul 1958 p. 1564.]

24. War Service Land Settlement Appeal Board

(1) The authority to investigate and determine the matters referred to in subregulation (4)(a) and (b) shall be known as the War Service Land Settlement Appeal Board.

(2) The Board shall be constituted as follows —

(a) a stipendiary or resident magistrate appointed by the Governor, who shall be chairman; and

(b) one member representing the department principally assisting in the administration of the Land Administration Act 1997 to be appointed by the Minister; and

(3) Every member of the Board holds office for a period of 2 years from the date upon which he first takes his seat on the Board by virtue of his appointment and he is eligible for re‑appointment.

(4) The Board has jurisdiction to investigate and determine —

(a) an allegation of the breach of a covenant in the lease at the request of a lessee or of the State; and

(b) such matters arising between the settler and the State as the Commonwealth and the State agree may be referred to it for investigation and determination.

(5) In the absence of any member of the Board other than the chairman or where a member is personally interested in a matter referred to the Board for investigation and determination, a deputy may sit in the place of that member during his absence or for the determination of the matter in which he is personally interested. The deputy has all the powers and authority of the member of the Board and shall be appointed in accordance with this regulation.

(6) The Board may regulate its own procedure and may conduct its inquiries without regard to legal forms and shall direct itself by the best evidence it can procure or that is laid before it.

(7) The decision of the Board or of a majority of the members of the Board shall in each case be reported in writing by the Board to the Minister and shall be final and effect shall be given to every such decision.

[Regulation 24 inserted: Gazette 23 Nov 1955 p. 2865; amended: Gazette 29 Dec 2006 p. 5918; Act No. 47 of 2011 s. 17.]

25. Classification Committee

The Classification Committee shall consist of not less than 3 members duly appointed by the Minister, at least one of whom shall be a representative of the department principally assisting in the administration of the Land Administration Act 1997, and one a representative of The Returned and Services League of Australia WA Branch Incorporated.

[Regulation 25 amended: Gazette 29 Dec 2006 p. 5918; Act No. 47 of 2011 s. 17.]

26. Chairman of Committee

The Minister shall appoint one member as Chairman of the Committee and in the event of the Chairman not being present at any meeting the members present may elect a chairman for the meeting.

27. Absence of Committee member

In the case of illness, inability, or absence of any member of the Committee, the Minister may appoint some other person to act as the deputy of that member, and every person shall while he is acting as deputy have the powers and may perform the duties of a member of the Committee.

28. Quorum

Two members of the Committee shall form a quorum.

29. Committee meetings

The Committee shall meet for the dispatch of business at such time or times and at such place or places as the Minister, or other officer authorised by him in that behalf, shall from time to time appoint and if necessary may adjourn from time to time. Every meeting of the Board (except an adjourned meeting) shall be convened and appointed by the Chairman or other officer authorised by him in that behalf by posting to each member of the Committee at his usual address, at least 3 clear days before the date of the meeting a notice in writing specifying the date and place of the meeting. Any omission to post a notice as aforesaid to any one or more members of the Committee shall not invalidate the meeting.

30. Notice of meetings

When the date of any committee meeting has been fixed, due notice will be sent to each applicant required to attend for examination, of the time, place, and date of the sitting of the Committee.

31. Form for application for classification

Application forms for classification setting out the particulars required by the Committee, may be obtained on application at the office of the department principally assisting in the administration of the Land Administration Act 1997.

[Regulation 31 amended: Gazette 29 Dec 2006 p. 5919.]

32. Applicant attempting to influence Committee disqualified

Any applicant who shall interview, prior to the sitting of the Committee, any member of the Committee, with a view to influencing an application, shall be disqualified.

33. Decision of Committee final

In all cases coming before the Committee the decision of the Committee or of the majority of the members of the Committee shall be final.

34. Interruption of Committee proceedings

No person shall interrupt the proceedings of the Committee or cause a disturbance. Any person offending against this regulation shall be liable to a penalty not exceeding $20.

[Regulation 34 amended: Act No. 113 of 1965 s. 8(1).]

35. Secretary of Committee

There shall be a secretary of the Committee, who shall be responsible for the proper recording and indexing of the minutes, and shall carry out all necessary work incidental to his position as may be required from time to time by the Committee.

36. Correspondence with Committee

All communications shall be addressed to the Chairman Land Settlement Board at the office of the department principally assisting in the administration of the Land Administration Act 1997.

[Regulation 36 amended: Gazette 29 Dec 2006 p. 5919.]

37. Duties of Classification Committee

The duties of the Classification Committee shall be —

(a) to receive, consider and give decisions on applications for classification certificates, and to issue them in accordance with the system in operation in the State of Western Australia;

(b) to keep plans and records showing the numbers of classification notices and their types issued in each road board district, including figures for each of the main localities within each road board district, where necessary;

(d) to arrange for medical and Defence Force reports to be received and considered;

(e) to furnish such reports on the progress of the classification of applicants as may be required by the Chairman, Land Settlement Board, and such other duties in connection with the training and allotment of ex‑servicemen as may be decided.

38. Fees for Committee members and payment of staff

Fees of $6.30 per day shall be paid to the Committee members for each complete day on which sittings are held. If any member is on the permanent or temporary staff of the Public Service he shall receive payment assessed on the difference between the fee paid to outside members and the salary of the member for each of the days on which sittings are held.

[Regulation 38 amended: Act No. 113 of 1965 s. 8(1).]

39. Travelling allowance

When travelling or absent from home on the business of the Committee, members shall be paid travelling allowance as prescribed by the Public Service Regulations 6.

40. Allotment Board

There shall be appointed by the Minister an Allotment Board, hereinafter called the Board, to deal with simultaneous applications for holdings. The Board shall consist of not less than 3 members, at least one of whom shall be a representative of the department principally assisting in the administration of the Land Administration Act 1997 and one a representative of The Returned and Services League of Australia WA Branch Incorporated.

[Regulation 40 amended: Gazette 29 Dec 2006 p. 5919; Act No. 47 of 2011 s. 17.]

41. Chairman of Allotment Board

The Minister shall appoint one member as Chairman of the Board, and in the event of the Chairman not being present at any meeting of the Board, the members present may elect a chairman for the meeting.

42. Absence of Board member

In the case of illness, inability or absence of any member of the Board, the Minister may appoint some other person to act as the deputy of that member, and every person shall, while he is acting as deputy, have the powers and may perform the duties of a member of the Board.

43. Board meetings

The Board shall meet for the despatch of business at such time or times and at such place or places as the Minister or other officer authorised by him in that behalf shall from time to time appoint, and if necessary, may adjourn from time to time.

44. Applications for allotments

There shall be an interval of at least 3 days between the closing date for the receipt of applications and the date fixed for the sitting of the Board. When the date for the sitting of the Board has been fixed, due notice shall be sent to each applicant (if required to appear before the Board), advising the time, place, and date of the sitting of the Board; also a form of declaration for completion by him, should he be unable to appear before the Board.

45. Form of declaration

Declaration forms, setting out particulars required by the Board, may be obtained at time of application at any office of the department principally assisting in the administration of the Land Administration Act 1997 or Commonwealth Employment Office 7. The applicant may make the declaration before a Justice of the Peace, a town clerk, secretary of a road board, electoral registrar, a postmaster, classified officer in the State or Commonwealth Public Service, or a classified State school teacher, a member of the Police Force, or a commissioner for declarations under the Declarations and Attestations Act 1913 8. Any statement made by the applicant shall be supported by documentary evidence, if so desired by the Board.

[Regulation 45 amended: Gazette 29 Dec 2006 p. 5919.]

46. Evidence before Board

The Board shall take evidence and may call any evidence or witnesses they think fit.

47. Variation of applications

The Board may, at the request of an applicant, vary his application preference list, but shall only substitute or add thereto a holding referred to the Board for determination.

48. Fees for Board members and payment of staff

The members of the Board shall be paid $6.30 per day for each complete day on which sittings are held. If any member is on the permanent or temporary staff of the Public Service he shall receive payment assessed on the difference between the fee paid to outside members and the salary of the member for each of the days on which sittings are held.

[Regulation 48 amended: Act No. 113 of 1965 s. 8(1).]

49. Travelling allowance

When travelling or absent from home on the business of the Board, members shall be paid travelling allowance as prescribed by the Public Service Regulations 6.

50. Representation of applicant

It shall be necessary for any person appearing before the Board on behalf of an applicant to produce to the Chairman an order from the applicant so authorising him to appear.

51. Applicant attempting to influence Board disqualified

Any applicant for a holding or person appearing on behalf of an applicant who shall interview prior to the sitting of the Board, any member of the Board, with a view to influencing an application, shall be disqualified both as an applicant and as an agent.

52. Decision of Board final

In all cases of adjudication coming before the Board, the decision of the Board or of the majority of the members of the Board shall be final.

53. Interruption of Board meetings

No person shall interrupt the proceedings of the Board or cause a disturbance. Any person offending against this regulation shall be guilty of an offence and be liable to a penalty not exceeding $20.

[Regulation 53 amended: Act No. 113 of 1965 s. 8(1).]

54. Secretary of Board

There shall be a secretary of the Board, who shall be responsible for the proper recording and indexing of the minutes, and shall carry out all work incidental to his position as may be required from time to time by the Board.

First Schedule

War Service Land Settlement

Western Australia

APPLICATION FOR CLASSIFICATION

I, (a) ....................................................., being a (b) ..............................................

................................................., hereby apply for classification under the War Service Land Settlement Scheme Act 1954.

In support of this application I furnish the particulars as set forth on the back hereof.

........................................................

(Signature)

........................................................

(Postal Address)

........................................................

(Road Board District)

Date .....................................................

(a) Name in full.

(b) State whether “member of the forces” or “discharged member of the forces”. See footnote.

To the Chairman,

Land Settlement Board, Perth:

For Office Use Only

Decision of Classification Committee

Received ........................................

Entered ...........................................

Notice to attend ..............................

Date of inquiry ...............................

........................................................

Note. — See Regulations 6 and 7 for “Member of the Forces” and “Discharged Member of the Forces”.

Questionnaire

Question	Answer
1. Date of birth?
2. To which of the forces (naval, military or air) do you, or did you, belong?
3. What is, or was —<br> (a) Your identification number?<br> (b) Your regimental number?<br> (c) Your unit?	..........................<br>..........................<br>..........................
4. If you are a discharged member of the forces of the present war, what was —<br> (a) Your length of service?<br> (b) The date of your discharge?<br> (c) The reason for your discharge?	..........................<br>..........................<br>..........................
5. What physical disabilities (if any) do you suffer from by reason of wounds or disease resulting from your naval, military or air force service?<br> State particulars as to loss of limb or faculty, or as to condition of health.
6. Are you in receipt of a pension in respect to your war service? If so, state percentage of disability.
7. What form of farming or grazing do you desire to follow, and in what district?
8. What experience have you had (if any) in farming or pastoral pursuits? State where, quote the period and class of farming, etc., engaged in, and the name of your employer when you joined the forces.
9. What is the amount of capital at your disposal?
10. Are you to be financially assisted by your parents or any person? If so, to what extent?
11. Are you single, married, or a widower, if married, or a widower, state number of children dependent on you.
12. What land (if any) do you at present own or have an interest in? State particulars.
13. If married, what land or interest in land (if any) does your wife own? State particulars.
14. Should it become necessary for you to be interviewed in connection with this application, and you are in Western Australia, at what centre would you prefer such interview to take place?

Date ........................................................

..........................................................

(Signature of Applicant)

Second Schedule

War Service Land Settlement

CERTIFICATE OF QUALIFICATION TO APPLY FOR LAND UNDER THE WAR SERVICE LAND SETTLEMENT SCHEME ACT 1954

[insert departmental address]
.........................., 20 .........

Certificate No. ...............................................

THIS IS TO CERTIFY that we have investigated the qualifications of

and we are satisfied that he is (a) .........................................................,

is suitable and sufficiently experienced to entitle him to apply for land under the War Service Land Settlement Scheme Act 1954, for the purpose of (b) ...................

.....................................................................................................................................

Dated this .................................... day of ................................................., 20 ...........

..........................................................

Chairman

..........................................................

..........................................................Members Classification Committee.

Signature of person in whose name this ....................................................................

Certificate is issued .......................................................

(a) Insert “Member of the Forces”, “Discharged Member of the Forces” (as defined in 6 and 7 of these regulations) as the case may be.

(b) Insert “Sheep and Wheat Farming”, “Dairy Farming”, “Pastoral Pursuits”, “Fruit Growing”, “Mixed Farming”, whichever is applicable.

This Certificate of itself does not entitle the holder to be allotted a farm, but as far as possible the demand for farms will be met.

[Second Schedule amended: Gazette 29 Dec 2006 p. 5919.]

Third Schedule

Correspondence No. ...............................

S. 824.

WESTERN AUSTRALIA

The War Service Land Settlement Scheme Act 1954

Lease No. .......................................

APPLICATION FOR A PERPETUAL LEASE

Division ............................................................. Land District ..................................

Plan .............................................. Location or Lot No. .............................................

I HEREBY apply for a Perpetual Lease of the Crown land described below under the provisions of the War Service Land Settlement Scheme Act 1954 and the regulations in force thereunder for the time being. I do not own any land or interest in any land except that which is described on the back hereof, and I am otherwise duly qualified to hold land under the abovementioned Act.............................................*Signature of Applicant.*Date ....................................... Office ReferencesNoted on Public Plan ............................Surveyed, see Diagram or O.P. ............Passed on Plan ......................................Examined ..............................................Approval Notice Issued ........................Sketch sent to Land Agent ...................
Name at full length, address, and calling of Applicant Description of Holding applied for Particulars
Location or Lot Nos. ..... .................................... ....................................being the whole of the land comprised in farm W.S.L.S. No. ..... .................................... Value of StructuralImprovementsHalf‑yearly instalment on structural improvementsRental half‑yearly commencing from the termination of Assistance period ................... project (subject to increase for improvements to be apportioned) $ ........$ ........$ ........

Received this application on ................................... of .................................. 20 .......

..........................................................

Chairman, Land Settlement Board.

Application approved, as shown above, to a depth of ........................... metres below the natural surface, and subject to any necessary survey, this ............................. day of ....................................... 20 .......

Lease to extend from .............................................................................. 20 ........

..........................................................

An officer authorised in this behalf

by the Governor, by order of the

Minister for Lands.

.......................................Accountant.

Date ....................................... 20 .....

If applying for more than one holding please state order of

preference on back hereof.

PARTICULARS OF LAND OWNED OR ANY INTEREST IN LAND OWNED BY THE APPLICANT

Land District ................................... Road Board District .......................................

Location or Lot Nos. .......................................Total Area .......................................

Nature of interest therein, e.g., freehold, leasehold, partnership, sharefarming agreement, etc.

.....................................................................................................................................

I wish to apply for the holdings in order of preference as shown hereunder.

Preference<br>No.	Farm No.	Preference<br>No.	Farm No.
1	........................................	16	........................................
2	........................................	17	........................................
3	........................................	18	........................................
4	........................................	19	........................................
5	........................................	20	........................................
6	........................................	21	........................................
7	........................................	22	........................................
8	........................................	23	........................................
9	........................................	24	........................................
10	........................................	25	........................................
11	........................................	26	........................................
12	........................................	27	........................................
13	........................................	28	........................................
14	........................................	29	........................................
15	........................................	30	........................................

..........................................................

Signature of Applicant.

[Third Schedule amended: Gazette 24 Aug 2004 p. 3662.]

dline

Notes

1 This reprint is a compilation as at 17 May 2013 of the War Service Land Settlement Scheme Regulations 1954 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
War Service Land Settlement Scheme Act Regulations 1954 9, 10	4 Feb 1955 p. 207‑22	4 Feb 1955
Untitled regulations	23 Nov 1955 p. 2864-5	23 Nov 1955
Untitled regulations	30 Aug 1957 p. 2636‑7	30 Aug 1957
Untitled regulations	15 Jul 1958 p. 1563‑4	15 Jul 1958
Untitled regulations	1 Nov 1961 p. 3041‑2	1 Nov 1961
Untitled regulations	8 Nov 1962 p. 3677	8 Nov 1962
Decimal Currency Act 1965 assented to 21 Dec 1965		Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))
Untitled regulations	31 May 1966 p. 1422	31 May 1966
*Reprint of the War Service Land Settlement Scheme Act Regulations 1954* as at 6 Jul 2001** (includes amendments listed above)
War Service Land Settlement Scheme Amendment Regulations 2004	24 Aug 2004 p. 3662	24 Aug 2004
War Service Land Settlement Scheme Amendment Regulations 2006	29 Dec 2006 p. 5918‑19	1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)
Statutes (Repeals and Minor Amendments) Act 2011 s. 17 assented to 25 Oct 2011		26 Oct 2011 (see s. 2(b))
*Reprint 2: The War Service Land Settlement Scheme Regulations 1954* as at 17 May 2013** (includes amendments listed above)

2 Repealed by the Land Administration Act 1997.

3 The Act was proclaimed on 28 Jan 1955.

4 Repealed by the Acts Amendment and Repeal (Statutory Bodies) Act 1985.

5 Repealed by the Statute Stocktake Act 1999 (Cwlth).

6 Repealed by the Public Service Regulations published in Gazette 14 Oct 1964 p. 3449-76, which were repealed by the Public Service Regulations 1979, which were repealed by the Public Service Regulations 1988.

7 The Commonwealth Employment Office no longer exists.

8 Repealed by the Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 3.

9 Regulations 18, 19 and 24 disallowed on 4 Oct 1955. See Gazette 4 Nov 1955 p. 2724.

10 Now known as the War Service Land Settlement Scheme Regulations 1954; citation changed (see note under r. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act 3

Allotment Board 3

applicant 3

assistance period 3

Board 3, 40

Classification Committee 3

conditions 3

Crown lands 3

eligible person 3

holding 3

lessee 3

member of the Forces 6, 7

Minister 3

operational area 7

port 7

prescribed 3

private land 3

project 3

regulations 3

scheme 3

settler 3

structural improvements 3

war 6, 7

war service 6, 7

Western Australia

War Service Land Settlement Scheme Act 1954

War Service Land Settlement Scheme Regulations 1954

Reprinted under the Reprints Act 1984 as
at 17 May 2013

Western Australia

War Service Land Settlement Scheme Regulations 1954

Contents

Citation 1
Terms used 1
Administration 3
Land for settlement 3
Eligible persons 3
Eligible persons — members of the Forces (Korea or Malaya Operations) 7
Period of eligibility 10
Applications 10
Application for land set apart for selection 11
Rent 12
Lease 12
Earnings during assistance period 12
Payment for structural improvements 12
Advances 12
Residence 13
Transfers 13

17A. Further encumbrances 14

Care of improvements 16
Purchase of improvements 16
Insurance of improvements 17
Lessee to pay rates etc. 17
Rate of living allowance 17
Purchase of fee simple 18

23A. Application for review of option price 19

War Service Land Settlement Appeal Board 20
Classification Committee 21
Chairman of Committee 21
Absence of Committee member 21
Quorum 22
Committee meetings 22
Notice of meetings 22
Form for application for classification 22
Applicant attempting to influence Committee disqualified 22

Definitions and scope. Regulation 3 contains the operative definitions that structure the Regulations. “Eligible person” is defined by reference to reg 6 (service in the 1939-45 war and related categories) and reg 7 (service in Korea or Malaya operations). “Scheme” and “conditions” are defined to link the Regulations to the enabling Act and to the Commonwealth conditions under the States Grants (War Service Land Settlement) Act 1952 (reg 3). “Crown lands” carries the Land Act 1933 formulation (reg 3), and “structural improvements” is a deliberately broad definition that includes buildings, fences, dams, water supply, roads and plantations (reg 3). These definitions set the perimeter of who may participate, what land may be used and what capital items are treated as improvements eligible for advances and purchase accounting.

Eligibility and classification. The Classification Committee determines eligibility and suitability (reg 6 and reg 7). The Regulations distinguish between different cohorts and periods of service, impose temporal limits on applications (reg 8), and provide a two‑stage entry path: classification and then application for an allotment (reg 9 and First and Second Schedules). The Committee can classify an applicant as suitable immediately, suitable after training or experience, or unsuitable (reg 3 definition and reg 37). Certificates of qualification are issued in the Second Schedule form and can be cancelled by the Committee where the applicant fails to apply for holdings or ceases to be suitable (reg 9).

Administrative bodies and composition. The Regulations create or recognise several decision‑making bodies and their composition: the Classification Committee (regs 25-37), the Allotment Board to allocate holdings where applications are simultaneous (regs 40-54), and the War Service Land Settlement Appeal Board with jurisdiction over covenant breaches and agreed Commonwealth/State referred matters (reg 24). Each board has minimum member numbers, includes a representative of the department principally assisting the Land Administration Act 1997 and a nominee of The Returned and Services League WA Branch (regs 24(2), 25 and 40). Procedures for quorum, meetings, disqualification, secretary roles and fees are specified (regs 26-39, 41-54).

Tenure, payments and purchase option. Holdings are allocated by lease under the conditions (regs 11-12). Rent is payable under the lease instrument and to the Minister or a directed authority (reg 11). The Regulations afford an assistance period (defined in reg 3) during which net proceeds must be paid to the Minister and credited against obligations for advances (reg 13). Structural improvements may be paid for by advances that the lessee must repay by instalments and interest at 3.75 per cent where advanced by the Minister (reg 19). Critically, the lessee may purchase fee simple after a minimum period,10 years unless otherwise determined by Commonwealth and State (reg 23),subject to conditions and encumbrances. The Regulations also permit review of the option price within 30 days after the 10‑year period on limited market‑value grounds (reg 23A).

Controls over transfers and encumbrances. The Minister’s prior written consent is required for transfer, mortgage or encumbrance (reg 17(1) and (3)(a)). Approval may be withheld until all amounts owing to the Minister or other Crown instrumentality are paid (reg 17(2)). The Minister has a discretionary power to allow sales without prior full payment in special circumstances (reg 17(2a)). For perpetual leaseholders seeking to further encumber land, reg 17A imposes a written application, allows the Minister to require financial information, and permits the Minister to demand covenants to protect existing mortgage rights and the State’s interests (regs 17A(2)-(5)). These provisions materially shape access to third‑party finance.

Maintenance, insurance and rates. Lessees must keep improvements in tenantable order (reg 18), insure improvements purchased with Ministerial advances in the joint names of the Minister and the lessee and deposit the policy with the Minister (reg 20). Lessees are responsible for all rates, assessments and taxes (reg 21). Failure to comply with maintenance or insurance obligations permits Ministerial intervention, including cancellation and forfeiture in some cases (regs 18 and 20(4)).

Appeals and finality. Several decision points are final on the face of the Regulations. Classification Committee decisions are final (reg 33), Allotment Board decisions are final (reg 52), and the Appeal Board’s decisions are to be reported to the Minister and “shall be final and effect shall be given to every such decision” (reg 24(7)). There is a narrow appeal right to the Minister against cancellation of a qualification certificate (reg 9(3)). The Regulations thus allocate substantial finality to administrative mechanisms while providing specific internal review routes.

Linkage to Commonwealth conditions and other statutes. The Regulations repeatedly incorporate “conditions” determined under the Commonwealth States Grants scheme (reg 3), cross‑refer to the enabling Act (reg 3), to the Land Act 1933 formulation of Crown lands (reg 3), and to Commonwealth statutes for defining operational areas (reg 7) and allowances (reg 22 references Commonwealth rates of living allowance). Regulation 23 explicitly preserves mineral rights subject to section 8(5) of the Act. These cross‑references embed intergovernmental constraints and financial rules into the State’s regulatory matrix.

Collectively, these core concepts show the Regulations are an administrative framework that channels land allotment, tenure conversion and financing for selected veterans through Ministerial discretion, committee decisions and prescribed duties on lessees.

Primary beneficiaries. The Regulations are targeted to specific cohorts of ex‑service personnel. Regulation 6 lists the categories of persons who are eligible in relation to the 1939-45 war, including discharged members of the Australian Imperial Force, permanent Forces, Citizen Forces called out for continuous service, certain nursing and women’s auxiliary services, and specified Dominion forces who meet domicile or birth conditions (reg 6(b)(iii)). Regulation 7 captures those who served in the Korea or Malaya operations, with particular definitions of “operational area” and temporal rules for when war service is deemed to commence or end (reg 7(b)(iii)). Widows of settler lessees who were eligible at the time of death are also eligible to receive scheme benefits in respect of the holding (regs 6(c), 7(c)). Eligible persons are the concentrated beneficiaries: they obtain classification certificates (Second Schedule) and can apply for allotments (reg 9 and Third Schedule).

Lessees and settlers. Once a holding is allotted, the lessee (settler) is the principal person affected by obligations and rights under the lease. Duties include residence requirements for specified years (reg 16), maintenance of improvements (reg 18), insurance obligations where advances are made for structural improvements (reg 20), payment of rent (reg 11), payment of rates and taxes (reg 21), and repayment of advances for improvements (reg 19). Lessees also possess rights, notably the potential to purchase the fee simple after the prescribed period (reg 23) and to seek review of the option price on limited grounds (reg 23A).

Minister and public administration. The Minister is a central decision‑maker under the Regulations. The Minister appoints the Classification Committee, the Allotment Board and members of the Appeal Board (regs 24(2), 25, 40), sets conditions consistent with the Commonwealth arrangement (reg 3), sets application procedures and may approve or refuse transfers and encumbrances (regs 10, 17, 17A). The department principally assisting in the administration of the Land Administration Act 1997 is repeatedly designated as the administrative locus for forms and correspondence (regs 10(1), 31, 36). The Minister’s powers can materially affect marketable rights in holdings by restricting transfer and encumbrance, and by fixing purchase prices under the conditions and reg 23.

Third parties and financiers. Mortgagees, lenders and purchasers are affected because transfers and mortgages require Ministerial approval (reg 17). For further encumbrances on perpetual leasehold, the Minister can require priority protections for existing mortgagees and to impose covenants (reg 17A(4)(b) and (5)). The Regulations therefore create approval friction for third‑party finance and change the priority landscape for secured creditors. They also allow the Minister to appropriate advance payments toward arrears or rent (reg 23(2)(d)), which creates another interaction between settler payments and creditor expectations.

Representative bodies and community. The Returned and Services League WA Branch is given a formal participatory role by having the right to nominate members on the Appeal Board, Classification Committee and Allotment Board (regs 24(2)(c), 25, 40). That gives the RSL a direct voice in allocation and appeals decisions, which affects both claimant advocacy and the distribution of influence in decision‑making.

Local government and ratepayers. Local road boards or councils will be affected indirectly through the lodging and management of plans and rate collection; lessees are obliged to pay all existing and future rates and taxes on the holding (reg 21). The definition of Crown lands and the power to set aside Crown land for the scheme (reg 5) also implicate land planning authorities and local land markets.

Public finance and Commonwealth/State relations. The Regulations implement conditions tied to Commonwealth grants (reg 3). Regulation 22 ties living allowances to rates determined by the Parliament of the Commonwealth, indicating Commonwealth funding flows determine part of the settler’s support. The Regulations therefore affect public budgets and intergovernmental fiscal arrangements.

In sum, the Regulations concentrate benefits on eligible ex‑service persons and widows, place operational control and approval powers with the Minister and statutory boards, and create material obligations and constraints affecting settlers, lenders, representative organisations and local fiscal actors.

Duties of applicants and lessees. Applicants must obtain classification from the Classification Committee and lodge applications in the prescribed forms (reg 9(1), First Schedule, Second Schedule). Where a certificate is issued it may be cancelled for failure to apply or loss of suitability (reg 9(2)). Once allotted, the lessee must pay rent as set out in the lease instrument and to the Minister or as the Minister directs (reg 11). The lessee must personally reside on the holding for at least 11 months per year for each of the first five years and for nine months per year in years six to ten (reg 16). These residence conditions create a clear duty of occupation.

Maintenance and insurance duties are explicit. The lessee must keep buildings, fences and permanent improvements in good and tenantable order, allowing for reasonable wear and tear (reg 18). The Minister or authorised agent may enter to inspect performance of these duties; breach permits lease cancellation and forfeiture (reg 18). Where the Minister advanced funds for structural improvements, the lessee must insure those improvements to full insurable value in both the Minister’s and the lessee’s names and deposit the policy and premium receipts with the Minister (reg 20(1)-(2)). If the lessee fails to insure, the Minister may insure and recover premiums and incidental expenses from the lessee on demand (reg 20(4)).

Financial and repayment duties. Structural improvement advances must be repaid by equal half‑yearly instalments together with interest at 3.75 per cent, payable at the same time as rental payments (reg 19). During the assistance period the net proceeds of the holding shall be paid by the settler to the Minister and credited against obligations for advances for stock, plant, equipment, improvements and rent as the Minister directs (reg 13). After the assistance period, applications for advances for working capital, improvements and stock must be made to the Minister in the manner he determines, and during the assistance period such advances shall be at the Minister’s direction (reg 15). These provisions centralise collection and repayment streams through the Minister.

Transfer, encumbrance and mortgage restrictions. A holding shall not be transferred, mortgaged or otherwise encumbered without the Minister’s prior written consent (reg 17(1)). Approval for sale cannot be given where the consideration includes a premium unless all amounts owing to the Minister or other Crown instrumentality have been paid (reg 17(2)). The Minister may, at his discretion, approve a sale without requiring prior payment of amounts owing (reg 17(2a)). No dealing shall be entered into without written Ministerial approval, and breach may lead to forfeiture (reg 17(3)(a)-(b)). Until debts to the Minister or Crown are paid, the holding cannot be mortgaged or otherwise encumbered other than to an authority or person approved by the Minister (reg 17(4)). For perpetual leaseholders who already have mortgages, reg 17A permits further encumbrance only with Ministerial approval, a written application, provision of financial information and potential amendment of the encumbrance to protect existing mortgagee rights and the perpetual lease (regs 17A(1)-(5)).

Purchase rights and instalment rules. Subject to conditions and encumbrances, a lessee of a perpetual lease may purchase the fee simple after 10 years (reg 23(1)), or earlier where Commonwealth and State determine special circumstances. The Minister fixes the purchase price in accordance with the conditions (reg 23(1)). Instalments paid in advance may be accepted up to 90 per cent of the purchase price and, once paid, shall not be withdrawn by the lessee (reg 23(2)(a)-(b)). Instalments paid in advance do not entitle the lessee to rental adjustment (reg 23(2)(c)). The Minister may appropriate advance payments to arrears or rent (reg 23(2)(d)). On completion, the lessee surrenders the lease and obtains a Crown grant of fee simple (reg 23(2)(e)). The lessee has a specific right to apply for review of the option price within 30 days after the 10‑year expiry on the basis that the price was too high relative to average primary product prices, whereupon the Minister may review the price after inquiry (reg 23A).

Appeal and internal review rights. The Regulations provide a limited internal appeal path. A holder of a cancelled qualification certificate may appeal to the Minister within 30 days and the Minister’s decision is final (reg 9(3)). The War Service Land Settlement Appeal Board has jurisdiction to investigate alleged breaches of lease covenants at the request of a lessee or the State and other matters agreed between Commonwealth and State for referral, and its decisions are to be reported to the Minister and are final (reg 24(4)-(7)). However, Classification Committee and Allotment Board decisions are final on their face (regs 33 and 52 respectively), and the Regulations also disqualify applicants who attempt to influence committee or Board members (regs 32 and 51).

Duties of administrative bodies. The Classification Committee must examine applicants, arrange medical and Defence reports, keep records and issue classification certificates in conformity with the State system (reg 37). The Allotment Board handles simultaneous applications and recommends allotments to the Minister (reg 10). The Appeal Board may regulate its own procedure and conduct inquiries without legal forms, directing itself by the best evidence it can procure (reg 24(6)). Secretaries are responsible for recording minutes and indexing (regs 35 and 54). Fees and travelling allowances for committee and Board members are provided under regs 38, 39, 48 and 49.

Collectively the Regulations create a tightly regulated set of duties for lessees and corresponding rights to apply, receive classification and ultimately to purchase fee simple subject to conditions and Ministerial discretion.

Enforcement powers. The Regulations give the Minister and prescribed boards multiple mechanisms to enforce compliance. Inspectorial enforcement is given force by the Minister’s right to enter holdings to ascertain compliance with maintenance obligations (reg 18). The Minister may cancel leases and forfeit holdings where lessees breach maintenance obligations (reg 18). Non‑compliance with insurance obligations authorises the Minister to effect insurance and recover premiums and incidental expenses from the lessee on demand (reg 20(4)). The Minister also controls the flow of payments and may appropriate instalments paid on account of purchase money toward arrears or rent (reg 23(2)(d)). These provisions give the Minister both preventive (inspection, approval powers) and remedial (insurance, appropriation, cancellation/forfeiture) enforcement tools.

Forfeiture and surrender. Specific triggers for forfeiture or compulsory surrender are set out. Breach of the restriction on dealings (entering into contracts of sale or conveyance without Ministerial approval) may lead to forfeiture (reg 17(3)(b)). Insolvency or bankruptcy of a lessee within the first five years requires surrender of the lease and re‑allotment to an eligible person (reg 17(6)). Between years five and ten insolvency or bankruptcy restricts transfers to eligible persons unless no eligible person is willing and capable (reg 17(6)). On surrender within the first five years for ill health or other good reason, the Minister compensates for essential improvements, subject to deduction of amounts owing to Crown authorities (reg 17(5)(a)). The combination of these provisions creates a temporal protective layer around holdings in the early years to secure scheme objectives.

Monetary penalties and procedural sanctions. The Regulations impose a monetary penalty of up to $20 for interruption or disturbance of Committee or Board proceedings (regs 34 and 53). Disqualification is used as a procedural sanction: applicants who attempt to influence Committee or Board members are disqualified from consideration (regs 32 and 51). Cancellation of certificates is another non‑monetary sanction with significant practical effect (reg 9(2)). Board and Committee decisions are final (regs 24(7), 33 and 52), so administrative rather than judicial remedies are emphasised within the Regulations.

Control over encumbrances. The Minister’s approval powers over encumbrances serve as an enforcement tool by conditioning third‑party rights. Under reg 17(4) and reg 17A the Minister may refuse to approve a further mortgage if it would prejudice existing mortgagee rights or the lease and may require covenants that protect existing mortgages. If an applicant seeks to further encumber, the Minister may require the lessee to furnish financial information and may require amendments to the proposed encumbrance to protect State or mortgagee rights (reg 17A(3)-(4)). These provisions permit the State to enforce scheme priorities by shaping the legal content of third‑party security documents.

Finality and ministerial decisions. Several provisions create final administrative decisions which are enforced by the structure of the Regulation rather than explicit criminal sanction: Classification Committee decisions are final (reg 33), Allotment Board decisions are final (reg 52), and the Appeal Board’s decisions must be reported to the Minister and are final (reg 24(7)). The Minister’s decisions on cancellation of qualification certificates are also final (reg 9(3)). The Regulations therefore rely heavily on administrative finality as the mechanism for resolving disputes, while retaining limited monetary penalties and property forfeiture remedies.

Interaction with lease terms and conditions. Many enforcement outcomes will flow through the lease instrument and the conditions referenced in reg 3 and reg 23. Rent, repayment schedules, interest rates and conversion procedures are enforceable under the lease and by the Minister as recipient of payments (regs 11, 19, 23). The Minister’s discretion to appropriate instalments to arrears is an administrative enforcement device built into the purchase framework (reg 23(2)(d)).

In summary, enforcement under the Regulations combines inspection, administrative cancellation and forfeiture, financial remedies (recovery of premiums, appropriation of payments), procedural sanctions (disqualification, certificate cancellation), and monetary penalties for disruptive conduct in proceedings. Many enforcement powers are exercised through Ministerial discretion and through the lease instrument and are tied to specified temporal protections for newly acquired holdings.

Primary statutory linkage. The Regulations are made under the War Service Land Settlement Scheme Act 1954 (the Act) and repeatedly cross‑refer to “conditions” determined by the Minister for the Interior of the Commonwealth in accordance with the States Grants (War Service Land Settlement) Act 1952 (reg 3). That links the State’s regulatory regime to Commonwealth grant conditions and hence to intergovernmental fiscal and policy arrangements. Regulation 23 explicitly preserves mineral rights subject to section 8(5) of the Act, indicating that the Act contains a parallel rule on mineral reservations.

Reference to land law statutes. The definition of “Crown lands” in reg 3 is given “subject to section 4(2) of the Land Act 1933” and uses the Land Act formulation for Crown land categories. The Notes make clear that the Land Act 1933 has since been repealed by the Land Administration Act 1997, and the instrument reflects that administrative functions now sit with the department principally assisting in the administration of the Land Administration Act 1997 (see regs 10(1), 25, 31, 36 and compilation notes). The Regulations therefore sit within the broader statutory land administration regime of the State and have administrative touchpoints with modern land administration functions.

Commonwealth statutes and operational area definitions. Regulation 7 defines “operational area” by reference to areas prescribed under the Re‑establishment and Employment Act 1945 (Cwlth) for warlike operations in Korea and Malaya. Regulation 22 ties living allowances to rates determined by the Parliament of the Commonwealth of Australia. These cross‑references embed Commonwealth statutory definitions and financial determinations in the State regime, so Commonwealth changes or interpretations of those Acts matter to eligibility and allowances.

Public service and administrative law. The Regulations reference Public Service Regulations (reg 38 and 49) for travelling allowance computation for committee members, although the Notes record the successive repeal of older Public Service Regulations and their replacement. Administrative decisions such as committee classifications, allotment recommendations and appeals are cast as final in the Regulations (regs 24(7), 33, 52). The Regulations do not themselves discuss judicial review or statutory torts. They nevertheless create administrative decision points which, in the wider legal system, could be subject to judicial review or other legal remedies; the Regulations do not preclude judicial processes but do manifest legislative finality at the administrative level.

Interaction with insolvency law. Regulation 17(6) prescribes consequences in insolvency or bankruptcy of a lessee in the first five years and between the fifth and tenth years after acquiring a holding. Those provisions intersect with insolvency and bankruptcy law by requiring surrender and re‑allotment, or by restricting transfers to eligible persons. The Regulations therefore effect property consequences that overlay general insolvency provisions, directing the handling of scheme holdings in bankruptcy contexts.

Property, contract and security law. Reg 17A shapes the content and enforceability of further mortgage documents by permitting the Minister to require covenants protecting existing mortgages and to ensure the perpetual lease is not derogated from by the further encumbrance (regs 17A(4)-(5)). That directly interacts with mortgage law and priority rules by introducing conditions that must be met for the mortgage to have the Minister’s approval. Mortgagees and purchasers must therefore consider the Regulations in drafting and enforcing security documentation against scheme lands.

Repeal and amendment context. The Notes and compilation table record amendments across decades and identify repealed Acts that formerly interacted with the Regulations (e.g. Land Act 1933 repealed and replaced by Land Administration Act 1997; Re‑establishment and Employment Act 1945 repealed; Public Service Regulations series repealed). The Regulations therefore coexist with a changed statutory landscape and have been redrafted in parts to refer to the modern administrative apparatus while retaining substantive policy content.

In practical terms, the Regulations operate as a specialised overlay on general property and administrative law. They channel eligibility, tenure conversion and security arrangements through scheme‑specific rules and Ministerial controls while relying on and referring to broader Commonwealth and State statutes for definitions, funding and operational areas.

Compilation and reprint history. The Notes at the end of the reprint provide a full compilation table. The Regulations were originally gazetted 4 February 1955 (War Service Land Settlement Scheme Act Regulations 1954) and have been amended on several occasions: additional regulations on 23 November 1955 and further amendments in 1957, 1958, 1961, 1962 and 1966 (see compilation table). A reprint as at 6 July 2001 compiled earlier amendments. The War Service Land Settlement Scheme Amendment Regulations 2004 (Gazette 24 Aug 2004 p. 3662) and the Amendment Regulations 2006 (Gazette 29 Dec 2006 p. 5918‑19) are recorded, with the latter commencing 1 January 2007. The Statutes (Repeals and Minor Amendments) Act 2011 s 17 produced a further change effective 26 October 2011, and the Regulations were reprinted again as at 17 May 2013. The compilation table (Notes) is the authoritative record of amendments provided with the reprint.

Notable insertions and disallowances. Several substantive provisions were not in the 1955 original but were inserted soon after: regulations 18 and 19 (care of improvements; purchase of improvements) and regulation 24 (Appeal Board) were inserted in the November 1955 Gazette edition but were disallowed on 4 October 1955, as recorded in the Notes (see note 9). Despite initial disallowance, the reprint includes those provisions: regulation 18 (Care of improvements) and regulation 19 (Purchase of improvements) are present in the version before us, and regulation 24 (War Service Land Settlement Appeal Board) was inserted and later amended by Gazette entries and by Act No. 47 of 2011 s 17. The insertion of reg 17A occurred on 1 November 1961 (Gazette 1 Nov 1961 p. 3041‑2), which created the further encumbrance approval regime. Regulation 22 on rates of living allowance was inserted 15 July 1958 (Gazette 15 Jul 1958 p. 1563). These post‑1955 insertions altered lessee obligations and appeals structures.

Later procedural and administrative amendments. Amendments in 2004 and 2006 modernised references to the department principally assisting in the administration of the Land Administration Act 1997 and updated forms and administrative practice (see reg 10 amendment note 29 Dec 2006 p. 5918). Act No. 47 of 2011 s 17 made further changes to committees and Boards composition references (see regs 24, 25 and 40 amendment notes). The Notes also explain that certain older statutory references in the Regulations have been repealed in other statutes and replaced by modern provisions; the reprint incorporates those textual changes as marginal notes rather than substantive policy changes.

Interest rate and repayment technical changes. The interest rate on advances for structural improvements is fixed at 3.75 per cent per annum in reg 19. That rate and the mechanism for repayment by equal half‑yearly instalments were introduced via the 23 November 1955 insertion and remain in the reprint. While later economic contexts may have changed market rates, the Regulations preserve the historic contractual rate for scheme advances unless later legislative amendment occurs.

Administrative fees and travelling allowances. The fees paid to Committee and Board members are specified in regs 38 and 48 as $6.30 per day for each complete day. Those amounts reflect historic rates and are carried in the reprint; modern public service regulations may overlay different travelling allowance schemes as referenced in regs 38 and 49.

Sustained ministerial discretion retained. Across amendments the core ministerial discretions , to approve transfers and encumbrances (reg 17), to require covenant protections and financial information for further encumbrances (reg 17A), to fix purchase price and review it (regs 23 and 23A), and to cancel certificates or leases (reg 9, 18) , have been preserved. Amendments tended to add procedural detail (boards, forms, insurance rules) rather than to remove ministerial control.

Documentary evidence. The compilation table and Notes provide the Gazette citations and dates for each amendment. They are the source evidence for the amendment history summarised here. Users should consult the Gazette citations in the Notes for primary amendment texts and the reprint as at 17 May 2013 for the consolidated text.

No reported cases or litigation are recorded in the reprint or within the text of the Regulations. The Regulations themselves do not list judicial decisions or reference case law. They do, however, set out internal mechanisms that limit administrative challenge by stating finality in several forums: Classification Committee decisions are final (reg 33), Allotment Board decisions are final (reg 52), and the War Service Land Settlement Appeal Board’s decisions are to be reported to the Minister and “shall be final and effect shall be given to every such decision” (reg 24(7)). The Minister’s decision on an appeal against cancellation of a qualification certificate is similarly final (reg 9(3)).

Because the Regulations confer administrative finality at multiple stages, the Regulations channel dispute resolution predominantly into internal administrative processes. The Appeal Board’s statutory jurisdiction is limited by reg 24(4) to covenant breaches at the request of a lessee or the State and other matters agreed between the Commonwealth and the State for referral. That means many allocation and classification decisions are final at the administrative level without an express right of appeal to a statutory tribunal.

The absence of litigation references in the source does not mean disputes have not arisen in practice. The Regulations provide specific internal remedies and final decisions; where a party sought judicial review in the broader legal system those proceedings and their outcomes would be recorded in court reports and are not included in the Regulations’ text or compilation notes. The Regulations themselves do not set out judicial review procedures or state that such review is ousted; they simply declare internal finality for certain administrative decisions. Practitioners should therefore consult external case law databases and court records to identify any judicial review or other litigation challenging decisions under the Regulations, because no entries are provided in the reprint.

In short, the Regulations contain no litigation history in the text or the compilation notes. They create final administrative decision points but do not record any judicial handling of those decisions within the instrument itself.

Temporal eligibility windows. The Regulations impose strict application windows. For 1939-45 war veterans, applications must be made not later than the later of 2 September 1950 or five years from the date the person ceased war service if that date was not later than 30 June 1949 (reg 8(1)). For Korea and Malaya operation veterans, applications are limited to three years after the later of cessation of war service or cessation of hostilities as determined by the Commonwealth (reg 8(2)). Practically, these windows are finite and the Regulations provide no mechanism for extension beyond the fixed periods. Failure to apply within the prescribed period disables eligibility under the Regulation as written.

Certificate cancellation risk. The Classification Committee can cancel a qualification certificate where the holder fails to apply for gazetted holdings within a reasonable time or is no longer considered suitable (reg 9(2)). A holder has only 30 days after written notice to appeal to the Minister and the Minister’s decision is final (reg 9(3)). The “reasonable time” standard is not defined and creates administrative uncertainty for applicants who delay; practitioners should ensure timely applications once qualified.

Residence obligations and practical mobility limits. The residential duties are stringent: 11 months per year for the first five years and nine months for years six to ten (reg 16). These obligations restrict mobility for settlers who might otherwise seek off‑farm employment or seasonal work elsewhere. Non‑compliance could trigger enforcement measures, including surrender or forfeiture where linked to broader lease breaches (reg 18). For farms requiring seasonal absenteeism or for settlers with family obligations overseas, these rules can be operationally constraining.

Transfer and mortgage friction. Transfers, mortgages and other encumbrances require prior written Ministerial consent (reg 17(1) and (3)(a)). Where consideration includes a premium, approval will not be given unless all amounts owing to the Minister or Crown instrumentality are first paid (reg 17(2)). That creates a lien‑like barrier which can block market transactions and complicate acquisition financing. While the Minister may in his discretion permit sales without prior payment (reg 17(2a)), that is discretionary and not guaranteed, so lenders and purchasers must factor in Ministerial approval risk.

Further encumbrance conditions for perpetual leaseholders. Regulation 17A empowers the Minister to require amendments to proposed further mortgages to protect existing mortgagee rights and to require covenants agreeing to priority arrangements (reg 17A(4)(b) and (5)). Mortgagees contemplating lending against perpetual leasehold should anticipate additional covenants and priority negotiation, and may be required to accept limitations on exercise of powers that would otherwise be standard in security documentation.

Appropriation of advance payments. Advance payments on account of purchase may be appropriated by the Minister to pay arrears or rent (reg 23(2)(d)). Instalments paid in advance are not withdrawable by the lessee (reg 23(2)(b)). Lessees who make advance payments should be aware their funds may be redirected to satisfy other liabilities owing to the Minister, potentially frustrating plans to complete purchase.

Insurance and deposit obligations. Where advances are made for structural improvements the lessee must insure and deposit the policy and premium receipts with the Minister (reg 20(1)-(2)). Failure to insure permits the Minister to insure and then demand repayment. Practically, this imposes administrative steps and cash flow obligations on settlers who may face delays or cash constraints when obtaining and lodging the necessary documentation.

Finality of administrative decisions. Classification Committee and Allotment Board decisions are final on their face (regs 33 and 52). The Appeal Board’s decisions are also declared final (reg 24(7)). This finality reduces internal appeal avenues and may limit administrative correction mechanisms. Practitioners should therefore prioritise pre‑decision procedural protections and evidence before these bodies, given restricted formal appellate remedies provided in the Regulations.

Small but real procedural penalties. Disruption of Committee or Board proceedings attracts a penalty not exceeding $20 (regs 34 and 53). Although numerically small, these offences are an express statutory prohibition and illustrate the Regulations’ emphasis on orderly administrative processes.

Cross‑jurisdictional dependencies. Eligibility and allowances are partly determined by Commonwealth legislation and “conditions” under the States Grants scheme (reg 3 and reg 22). Changes at Commonwealth level to definitions of operational areas, living allowances or funding conditions can affect eligibility and entitlements but do not modify the State Regulations unless formally amended. That creates potential regulatory instability that practitioners must monitor.

Ambiguity in “reasonable time” and “good reason”. The Regulations use terms like “reasonable time” for application and “good reason” for surrender within the first five years (reg 9(2) and reg 17(5)(a)). These are fact‑sensitive and will be determined administratively by the Committee or Minister. Practitioners must therefore present evidence and reasons proactively when timeliness or good reason are material.

In sum, the principal operational risks are timing and eligibility constraints, Ministerial control over transfers and security, limits on the use of advance payments, and strict residence and maintenance duties. These “gotchas” create costs for settlers and shape mortgagee and purchaser calculations.

Step 1: Determine eligibility and timing. Begin by testing eligibility under regs 6 and 7. Identify whether the applicant’s service fits the definitions of “member of the Forces”, “war service” and whether the temporal application window in reg 8 remains open. For Korea and Malaya operations the three‑year window in reg 8(2) is decisive. Document dates of enlistment, discharge, continuous service, operational area allocations and domicile where required (reg 6(b)(iii), reg 7(b)(ii)-(iii)).

Step 2: Apply for classification before the Classification Committee. Lodge an application to the Classification Committee in the form in the First Schedule and obtain a qualification certificate in the Second Schedule (reg 9(1), First and Second Schedules). Ensure documentary evidence is available for the Committee, such as service records, medical reports, references, capital statements and experience details as sought in the questionnaire in the First Schedule (e.g. questions 4-14).

Step 3: Respond promptly to classification outcomes and avoid influencing committee members. If issued a qualification certificate, a holder must apply for allotments within a reasonable time or risk cancellation (reg 9(2)). Do not approach Committee or Board members with a view to influencing applications , such attempts cause disqualification under regs 32 and 51. Make sure any required medical or Defence Force reports are arranged as the Committee may request (reg 37(d)).

Step 4: Apply for a holding when gazetted and follow the Allotment Board process. Lodge an application for land set apart for selection at the department principally assisting in the administration of the Land Administration Act 1997 during the gazetted period using the Third Schedule form (reg 10(1), Third Schedule). If multiple applications arise for the same land the Allotment Board recommends allocations to the Minister and its decision is final (reg 10(2)-(3), reg 52). Ensure declarations are completed correctly and supported by documentary evidence, using authorised witnesses where applicable (reg 45).

Step 5: Understand and accept lease terms, rent and assistance period rules. On Ministerial approval a lease will be issued in accordance with the conditions (reg 12). Rent is payable under the lease and to the Minister or as directed (reg 11). During the assistance period the net proceeds of the holding must be paid to the Minister and will be credited against the settler’s obligations as directed (reg 13). Plan farm cash flow accordingly.

Step 6: Manage advances, improvements and insurance. If structural improvement advances are taken from the Minister, repayment occurs by equal half‑yearly instalments with interest at 3.75 per cent and instalments align with rental payments (reg 19). Lessees must insure improvements purchased by advance in the joint names of the Minister and lessee and deposit the policy and premium receipts with the Minister (reg 20(1)-(2)). Failure to insure may result in the Minister insuring and recovering costs (reg 20(4)).

Step 7: Maintain improvements and meet residence obligations. Keep buildings, fences and other permanent improvements in good and tenantable order, allowing for reasonable wear and tear, and permit Ministerial entry for inspection (reg 18). Comply with residence obligations (11 months per year for years 1-5 and nine months per year for years 6-10) (reg 16). Non‑compliance risks forfeiture or cancellation where linked to lease breaches.

Step 8: Follow the rules for transfers and encumbrances. Obtain the Minister’s written consent before any transfer, mortgage or dealing (reg 17(1)). If consideration involves a premium, ensure all amounts owing to the Minister or Crown instrumentality are discharged before seeking approval unless the Minister exercises discretion to allow the sale without full payment (reg 17(2) and (2a)). For further encumbrances on perpetual leasehold, make a written application to the Board and provide the proposed mortgage document and any financial information requested by the Minister; be prepared to negotiate covenant terms to protect existing mortgagee priorities as the Minister may require (reg 17A(2)-(4)).

Step 9: Plan for purchase option mechanics. If the lessee intends to obtain the fee simple, note that purchase is available after 10 years or a shorter period determined by Commonwealth and State agreement (reg 23(1)). Any advance instalments on account of the purchase may be paid up to 90 per cent but cannot be withdrawn and do not change rental obligations (reg 23(2)(a)-(c)). If dissatisfied with the option price fixed by the Minister, apply for review within 30 days after the 10‑year period on the statutory grounds (reg 23A(1)), and be ready to present market evidence of average primary product prices and reasonable market value to support the review (reg 23A(2)).

Step 10: Use prescribed appeal routes carefully. If a qualification certificate is cancelled, appeal to the Minister within 30 days (reg 9(3)). For breaches of covenants in leases or matters referred by agreement between Commonwealth and State, consider referral to the War Service Land Settlement Appeal Board (reg 24(4)). Recognise that many decisions are final at committee or Board level (regs 33 and 52 and reg 24(7)), so prepare evidence thoroughly before those bodies.

Administrative and practical housekeeping. Keep contemporaneous records of payments, insurance policies and receipts, correspondence with the Minister, approvals of encumbrances, and minutes of Committee or Board proceedings where relevant (regs 20(2), 36, 35 and 54). Lodge applications and documents with the department principally assisting the Land Administration Act 1997 as the Regulations require (regs 10(1), 31, 36). When seeking further encumbrance approval, include a copy of the proposed instrument to expedite Ministerial review (reg 17A(2)).

Engage counsel for complex transactions. Given the Ministerial discretion over transfers and encumbrances and the potential for covenants affecting mortgage priorities, lenders and purchasers should involve legal advisers to draft proposed mortgage terms that anticipate reg 17A requirements. Ensure covenant language protects the perpetual lease and satisfies any priority conditions the Minister might require.

Monitor Commonwealth conditions and time limits. Track any Commonwealth determinations affecting operational area definitions, living allowances and conditions attached to the States Grants scheme, because those instruments are incorporated into the scheme (reg 3 and reg 22).

By following these steps and documenting compliance with the specific regulatory provisions referenced above, applicants and lessees can minimise the risk of administrative sanctions and position themselves to exercise rights under the Regulations, including the option to purchase fee simple when eligible.

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