New Statutory Rules

Now Cover Australian War Damage Some Interesting Amendments to Old Regulations

NEW Statutory Rules in relation to war damage to property have been published by the Government Printer, Canberra, and notified in the Commonwealth Gazette of December 5, 1946. They may be purchased at Common wealth stationery offices for 1/3.

The new Statutory Rules are designed in part to take the place of the Regu lations which, enacted under the National Security Act. expired on December 31, but at the same time thev set out the Regulations more fully, embrace all the

amendments to the original Regulations and set out clearly several new points which should be. of interest to residents of Papua and New Guinea who suffered war damage.

SOME of these points of interest are noted hereunder: Regulation 4. sub-Section 1 (page 3) in relation to the definition of a growing tree has been broadened to incldde kapok trees, formerly excluded. The full de finition is: growing tree “means a tree or vine capable of bearing fruit of a kind used for human consumption or of pro ducing rubber or kapok.

Regulation 4, sub-Section 3, relates to the “termination of abandonment.” It states: For the purpose of these Regu lations, property shall be deemed to have become abandoned when the possession or control of the property is or was neces sarily relinquished by the owner as the direct result of the existence of the war. and shall be deemed to remain abandoned only so long as the owner is prevented, as a direct result of the existence of the war, from resuming possession or control of the property.

This sub-section states, further, that the Treasurer may, by an order, published in the Commonwealth Gazette, specify a date on which the abandonment of a property is deemed to have terminated.

In Regulation 4, sub-Section 9 and 10, it is set out that water-races used in gold mining or any portion of equipment used for storing water are to be regarded as fixed property for the purpose of war damage compensation.

Regulation 24, sub-Section 1, sets out more clearly than previously what con stitutes coverable property; and Regu lation 25 lists those persons who may claim for compensation—that is, the owner, his legal representatives, his heirs, etc.

Regulation 27 sets out the basic prin ciples used by officers of the Commission in assessing damage and —possibly the point of greatest interest to Territorians— states clearly that the basis now to be employed is not the value at the time of damage, but the cost of restoration at the present day. This Regulation has been broadened to include the restoration of agricultural fencing also; fencing pre viously was not taken into account when as'sessing war damage.

According to Regulation 39 of the new Rules, the Commission may apportion the compensation between the owner of the property and any other person or persons who have a right, title or interest in the property, in such a manner as the owner and other claimants agree; but if the owner and other claimants fail to agree the case will go to a “court of competent jurisdiction” and payments will then be made in accordance with the finding of the Court.

Regulation 44 relates to mortgages on fixed property. Sub-Section 1 states: Where compensation has been assessed and recorded in respec! of war damage to any fixed property, and that fixed property was at the date of the occurrence of war damage a security for the repay ment of a debt by the owner of the fixed property, the owner may request the Com mission to pay the whole of the com pensation to him for the purpose of re storing, replacing or reconstructing that fixed property. .

The Commission may comply with this request upon such terms as it thinks fit, but may require the owner to submit to it plans and documents, etc., and it will be incumbent upon the owner also to, as soon as practicable after the payment, re store his property to the state in which it was when the mortgage was contracted.

Section V of the new Statutory Rules relates to war damage to the property of aliens.