Flax Act, 1936

Registration in the register of flax-growing premises.

5.—(1) Any person who grows or proposes to grow flax on any land in the area to which this Act applies may apply to the Minister, in the prescribed form and manner, for the registration of such land in the register of flax-growing premises.

(2) The following provisions shall apply and have effect in relation to every application under this section for the registration in the register of flax-growing premises of land which is in the occupation of the applicant, that is to say:—

(a) such application may be made at any time;

(b) such application, and the registration (if any) made in the said register in pursuance thereof, may extend to the whole or to a specified portion of a farm or holding in the occupation of the applicant, notwithstanding that he uses or proposes to use part only of such farm or holding or of such specified portion thereof for growing flax;

(c) if such application is granted, the registration in the said register in pursuance of such application shall continue in force until cancelled under this Act

(3) The following provisions shall apply and have effect in relation to every application under this section for the registration in the register of flax-growing premises of land which is not in the occupation of the applicant, that is to say:—

(a) such application may be made—

(i) in the year 1936 at any time after the passing of this Act and before the Minister fixes under this Act the quota in respect of the sale season beginning on the 1st day of October, 1936, and at no other time, and

(ii) in any other year on or after the 1st day of January in such year and on or before the last day of February in the same year and at no other time;

(b) such application, and the registration (if any) in the said register made in pursuance thereof, shall be limited to land on which the applicant proposes actually to grow flax during the year in which such application is made;

(c) if such application is granted, the registration in the said register in pursuance thereof shall (unless sooner cancelled under this Act) continue in force until the sale season commencing next after the date of such application and shall then expire;

(d) if the land to which such application relates is already registered in the said register in the name of the occupier thereof, the registration (if any) made in the said register in pursuance of such application shall operate to cancel, for the duration of such registration, the said registration of such land in the name of the occupier thereof.

(4) The Minister may refuse, on any of the following grounds, an application for the registration of land in the register of flax-growing premises, that is to say:—

(a) that the applicant was previously registered in the register of flax-growing premises (whether in respect of the same or other land) and his registration therein was cancelled;

(b) that the Minister is not satisfied that flax had been grown on such land within ten years before the passing of this Act;

(c) that, having regard to the number of persons already registered in the register of flax-growing premises, it is not in the public interest that any other persons should be so registered;

(d) that the relevant provisions of this Act are not or have not been complied with.

(5) Whenever an application is made to the Minister under this section for registration in the register of flax-growing premises, the Minister shall, unless he refuses such application on a ground authorised by this section, register in the said register the land to which such application relates and register in such register the applicant as the proprietor of such land.