(3) The sum so fixed shall not be less than one-eighth S. 341(3) part greater than the upset or minimum price for amended by No. 8181 which such lands might but for such Order in s. 2(1)(Sch. Council be acquired in fee-simple leased or item 97). occupied under licence (as the case may be) by any purchaser selector lessee licensee or other person under any Act relating to Crown lands. (4) In fixing such sum regard shall be had to the benefit likely to be derived from the construction of any such works as aforesaid by the person who may acquire the freehold of such lands or hold or occupy the same under lease or licence. (5) Such Order in Council shall not affect the right which any person as a Crown lessee at the date of the making of such Order in Council or any person claiming through him may have to select any lands, nor apply to any such selection, nor apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by the person through whom he claims before the making of such Order in Council. (6) Where the annual rent or licence-fee payable under any lease or licence of any lands of the Crown is taken in part payment of the purchase money of such lands such lease or licence shall contain a covenant or condition that such lands shall be during the currency of such lease or licence (as the case may be) deemed lands of the Crown within the meaning of this section and that upon the making of any Order in Council under the provisions hereinbefore in this section contained the enhanced rent or licence-fee thereof fixed by such Order in Council shall be payable in respect of such lands as though such rent or licence-fee had been so fixed prior to the making of such lease or licence.
S. 341(3) amended by No. 8181 s. 2(1)(Sch. item 97). (3) The sum so fixed shall not be less than one-eighth part greater than the upset or minimum price for which such lands might but for such Order in Council be acquired in fee-simple leased or occupied under licence (as the case may be) by any purchaser selector lessee licensee or other person under any Act relating to Crown lands. (4) In fixing such sum regard shall be had to the benefit likely to be derived from the construction of any such works as aforesaid by the person who may acquire the freehold of such lands or hold or occupy the same under lease or licence. (5) Such Order in Council shall not affect the right which any person as a Crown lessee at the date of the making of such Order in Council or any person claiming through him may have to select any lands, nor apply to any such selection, nor apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by the person through whom he claims before the making of such Order in Council. (6) Where the annual rent or licence-fee payable under any lease or licence of any lands of the Crown is taken in part payment of the purchase money of such lands such lease or licence shall contain a covenant or condition that such lands shall be during the currency of such lease or licence (as the case may be) deemed lands of the Crown within the meaning of this section and that upon the making of any Order in Council under the provisions hereinbefore in this section contained the enhanced rent or licence-fee thereof fixed by such Order in Council shall be payable in respect of such lands as though such rent or licence-fee had been so fixed prior to the making of such lease or licence.
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