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Wednesday, 25 July 1906


Senator MILLEN (New South Wales) - Comparing clause 20 with the existing Act, it seems to me that there is an omission from this clause which is not provided for elsewhere in the Bill. It is provided here that where the Government, by notification in the Gazette, has resumed a portion of land, and Parliament subse- . quently refuses to ratify the resumption, the notification becomes void and of no effect, and the land reverts to the owner from whom it has been temporarily taken. Under the existing law, the owner, in such a case, is entitled to compensation for the temporary dispossession of his land, but, in this clause, there is no provision for such compensation. By an Executive act, the Commonwealth Government might resume a piece of farming land. The owner, seeing the notification of the _ resumption, might cease his farming operations, and by the time Parliament had disallowed the resumption, it might be' too late for the farmer to make provision for the season's crop. Under the existing law he would be compensated in such circumstances, but there is no such provision in clause 20 of this Bill. I ask the Minister whether there is any other portion of the Bill which I may have overlooked, in which the omission is remedied, or whether it is intended1 that in circumstances, such as I have indicated the owner of the land shall be deprived of the compensation to which I think he is legitimately entitled?







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