Land Reclamation Act, 1949

Provisions relating to annuities.

4.—(1) The Land Commission shall have all such rights and remedies for the recovery of money payable to them in respect of a reclamation annuity as they have under the Land Purchase Acts in the case of money payable to them in respect of any lands.

(2) In particular, all money payable to them in respect of a reclamation annuity shall be recoverable from the person in actual occupation of the land at the time when proceedings for recovery of the money are commenced as a personal liability of that person notwithstanding that the whole or part of the arrears may have accrued due before that person went into occupation of the land.

(3) Nothing in this section shall relieve any other person from liability in respect of any such arrears and, as between successive owners or occupiers of the land, all money paid by or recovered from an occupier in respect of arrears caused by the default of a former owner or occupier shall be recoverable by the occupier who has paid it, or from whom it has been recovered, as a debt due to him by the owner or occupier in default.

(4) A certificate purporting to be under the common seal of the Land Commission shall be evidence that every sum stated therein to be due to them is so due and is payable by the person or persons named in the certificate as being liable therefor.

(5) All arrears of reclamation annuities shall be a charge on the Guarantee Fund under the Land Purchase Acts and shall be made good to the Exchequer out of that fund.

(6) Where land is subject to a consolidated annuity or a reclamation annuity the Land Commission shall have for the apportionment of the annuity all the powers which they have under the Land Purchase Acts for the apportionment of any moneys charged on or payable out of land, and they may, if they think fit, discharge any portion or portions of land from any further liability for the annuity or any part thereof or any arrears thereof and thereafter the whole of the annuity shall be exclusively charged on the remainder of such land.