Section 46
Provisions applicable to holdings occupied in expectation of title
of Land (Group Settlement Areas) Act 1960
In respect of a holding occupied in expectation of title, the following provisions of this section shall apply.
(2)
A holding occupied in expectation of title shall be deemed to have been approved by the State Authority for alienation under the National Land Code subject to a determination by the State
Authority of the matters specified in subsection 79(2) of the Code.
(3)
In determining under paragraphs (d) and (e) of that subsection the rate for rent and the question of premium in respect of a holding, the State Authority shall take into consideration the rent, premium and other fees or any consolidated annual charge to which the holding is subject under this Act and the need or otherwise of making adjustments.
(4)
In determining under paragraphs (f) and (g) of that subsection the category of land use and the express conditions and restrictions in interest to be imposed on the holding, the State Authority shall not be bound to have regard to any category, condition or restriction to which the holding had been subject under this Act.
(5)
The sums specified in subsection 81(1) of the National
Land Code shall become due to the State Authority at the time when it makes the determination under subsection 79(2) of the
Code:
Provided that if any fees have already been included in any consolidated annual charge to which the holding was subject and the State Authority, in determining the rent and premium payable
Act 530
in respect of the holding under subsection 79(2), has adjusted such rent and premium to the consolidated annual charge, the
Collector shall not, when acting under subsection 81(2) of the
Code, require the intended proprietor to pay such fees.
(6)
Until such time as the matters specified in subsection 79(2)
of the National Land Code have been determined in respect of a holding, the following provisions shall apply:
(a)
the holding, if it was formerly a rural holding, shall continue to be subject to sections 13, 20 and 21, to the extent applicable, as regards liability to pay premium and other fees or a consolidated annual charge;
(b)
it shall be an implied condition of occupation of a holding that it shall not be used for any purpose other than that for which it could lawfully have been used before the area in which it is included ceased to be a group settlement area;
(c)
section 16 shall continue to apply in respect of the holding;
(d)
sections 22 and 23 shall continue to apply in the case of default in payment of any premium and other fees or any consolidated annual charge to which a holding which was previously a rural holding is subject or default in observing the implied condition specified in paragraph (b);
(e)
as regards the assignment of rights in a holding, section 24
or 29 shall continue to apply, according as to whether the holding was formerly a rural holding or an urban holding, subject to the deletion of the words “qualified in accordance with the provisions of section 19 and” in subsection 24(1).