Agricultural Crown Lands Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADKAGESIllO

OC'l',4VO

No. 318.

An Act to amend the 1. a ~ relating to Crown Lands.

[ Asseizted to, Noveern her rgth, r 884 .]

HEREAS it is desirable to amend the law relating to Crown Preamble.

Province of South Australia, with the advice anti consent of the	W lands-lle i t theueiarc Enacted by thc Ciorcmor of tbc
Legislative Council ancl llousc of Assembly of thc said province,
in this present Parliament assembled, as follows:

l. 'l'his Act r n q be citcd as " The Agricultural Crown Lands Short title and in-

Amendment Act, 1884," ancl, cscept so far as inconsistent there- corporntion. with, shall be incorporated and rend with the Crown Lands Acts.

The

term K Crown Lands Acts " shall mean the ''Crown Lands Consolidation Act" and all subsequent Acts amending the same 3

The

term selector " shall mcan any person now or hereafter holding land under any agreement for purchase upon credit under any Crown Lands Act:

The

term " sclcction " shall mean thc land llcld under any such

agreement as aforesaid:

The

term scrub lessee" shall mean any person now or here-

after holding land unclex any lease granted pursuant to section 58 of' the " Crown Lands Consoliclation Act," and section

2, I n the construction and for the purposcs of this Act, unless Interpretation.

inco11;sis tent with the context-

47' & 48' VICTORIW, No. 318.

The Agricultural Crown Lands Amendment Act.-1884.

section 20 of '' The Crown Lands Amendment Act, 1882,"

or either of them, or under Part 11. of this Act:

The term "scrub land" shall mean the land held under any

such lease as aforesaid:

The term "lands reserved for leasing" shall mean '11 Crown

lands situated within thc boundaries described in the

Schedule hereto.

Divieion of A C ~.

3, This Act is divided into four parts, as under-

PART I.-Relating to Selectors:

PART	11.-Relating	to Scrub Lessees:
PART	111,-Rclating	to Leases and Renewals of Lenses:

RELATING '10 SELECTORS.

Remiaaion of past 4, All interest paid or payable by any selector in respect of thc

intereat payments.	purchase of his selection for any period since the first day of January, one thou sand eight hundred and sevcnty-nine, excepting only the Ten Po~lnds per centunl first instalment, is hereby remitted,
and all such interest paid shall be credited against the purchase-
money of such selcction: Provided that every selector claiming the benefit of this section shall sumender his agreement in exchange for a new agreement under section 7.
Future selections.	5, All purchases upon credit of Crown lands made hereafter, pursuant to any Crown Lands Act, and whcthcr upon the condition of personal or substituted rcsidence, shall be made upon the terms, as rcgarcls payment of purchase-money and otherwise, contained in sections 11, 12, and 13 of Thc Crown Lands Amendment Act,
1882."

Surrender existing 6. Any selector nlay, in manner to be provided bv regulation at

agreements.	any time before the first day of March, one thousandVeight hundred
an& eighty- five, surrender his agreement for purchase of his
selection in exchange for s llew agreement for purchase thereof, with the benefit of the terms, as regards payment of purchase-
money and otherwise, contained in sections 11, 12, and 13 of The
Crown Lands Amendment Act, 1882 ": Provided that such selector shall have paid all interest accruing in respect of the purchase of
such selection under the agreement surrerldercd up to the first
day of January, one thousand eight hundred and seventy-nine, and in all other respects shall have complied with such agreement to
the ~atisf'nction of the Comnijssioner.

47' & 48' VICTORILE, No. 318.

The Agricultural Crown. 1,trnd.s Amendment Act.-1884.

7, The new agreement shall bear date the day of such surrender, PART I.

and the parchasG~~loney

payable thereunder shdl be the purchase- T , , new .P-

money fixed by the surrendered agreement, less all sums paid by merit.

the selector 011 accuuu l thereof, or which it is provided shall be credited against snch lmrchase-money, and such new agrcemcnt shall proviclc for the paymciit of the purchase-money in manner following-that is to say, ten per cent. at the date of such new agreement, ten per cent. three years from such dacc, and at the expiry of every year thcrcaftcr an amount equal to five per cent. of the purchase-money, until the whole shall have been paid; and as if the selection had been purchased by the selector on the date of such new agreement; and such new agreement shall other- wise contain the tehns on which the selection ;hall have been held prior to surrendcr, except that, if the selector so desires at the ti.me

bf surrendering, the coditionsof personal residence may be inserted

therein, instead of the conditions of substituted residence.

8. The surrendered agreement shall con t ime binding upon the Ce88er of s~endered agreement.

surre~ldering selector until he shall have entered into the uew agreement for the purchase 01 his selection, but afterwards the selector shall be exempt from all liability under the surrendered agreement.

9, No mortgaged selection shall be surrendered under this Act sul~ender gaged selection.

unless the written consent of the mortgagee to the proposed sur- render shall f i~s t Be obtained, and unless the mortgagee shall other- wise direct, thc sclcction under the new agreement shall be subject to the mortgage, and such mortgage shall be noted thcreon in the Crown Lands Office in like mankes as if the selection had been held under such new agreement when the selection was mortgaged.

lieu of any surrendered agreement under this Act, or any Crown agreement. 10, Any selection held under any new agreement entered into in Mortgage of new

Lands Act, may 11e mortgaged subject to the provisions of the

from the date of the surrenderecl agreement, although the selector

Mortgage of Selections Act, after the lapse of two and a half years

Inay not have complied with all the provisions of his agreement for a period of at least two and a half years f rom the date thereof, ss required by the said Act; ancl no mortgage to which the written approval of the Commissioner has heretofore in fact been had and o1)tained shall be deemed invalid or bc called in question by reason only that the mortgaging selector had not complied with such provisions for such period.

11. Any selector who shall plant and keep planted, in conformity wattle plnntiog.

with any regulation to bc madc on thc subject, not loss than one-fifth of his selection with ~vattles OF wattles and celwls, shall be deemed'

to have complied with the conditions of his agreement so far as

relates to cultivation.

12, Any selector who may have entered or shall hereafter enter Timeformm~letion by eubstituikd

i n t ~ residence selecton.

4 47' & 48' VICTORIE, No. 318.

h --

The A.qricultura2 Crown Lands Amendment Act.-1884.

PART I.	into any agrcemcnt fordthe purchasc of a selection upon thc condition
of substituted residence, may complete such purchase at the end of
ten years from the date of such agreement.

Lands to be first

opened to personal 13. No Crown lands shall hereafter be open for purchase upon

residents. credit upon the condition of substitutcd rcsidencc until aftcr the same shall have been open for purchasc upon credit upon the condition of personal residence for at least thrce calendar months.

PART 11, PART 11.

RELATING TO SCRUB LESSEES.

Remission of rent. 14, All rent (except the first instalment) paid or payable under any

existing scrub lease for any period since the first day of January, one thousand eight hundred and seventy-nine, shall bc credited a8&nst the money payable under the lease for purchase of the land: Provided that every scrub lessee claiming the benefit of this section shall, before the first day of hlarch, one thousand eight hundrcd and eighty-five, surrender his lease in exchange fbr a nr:w lease, pursuant to the next section.

Made of ~urrender, 15. Every scrub lessee may, in manner to be provided by regu-

lation, at any time before the first day of March, one thousarid eight hundred and eighty-five, surrender his lease in exchange for a new lease, which shall bear the date of such surrender and. contain the same terms as the original lease, except that the pur- chase-money shall be reduced by the amouiit of a11 payments of rent already made, which it is provided shall be credited against such purchase-rnonev; and it shall also bc provided that luture pa~rnmts

of rent shall be credited against purchasemoney, and sucil lease shall contain a condition of personal residence similar to the con-

dition of personal residcnco in selectors' agrccrncnts.

Simb leases to be 16. Scrub lands shall hereafter be open for leasing on the same

first opened to per-

8onal residents.	terms as heretofore, with the addition, in the first instance, in every lease of a provision that all payments of rent shall bc credited against purchase-money, and of a condition of personal residence similar to the condition of personal residence in selectors' agree- ments.
Scrub lands after-

wards to be opened 17, Scrub lands which m). have been open for leasing on the

to substituted

terms mentioned in thc last sectioll for at least three calendar

residents.

months may afterwards be opened for leasing on the same terms as

heretofore without any addition.

Remission of clearing 18, The Commissioner may, by any writing, wholly or psrtially

conctition. remit the provisions for clearing contained in any scrub lease, and the Commissioner shall cause a return of all such remissions, with the reason therefor, to be annually laid before Parliament within

one

#

4 7 O & 48O VICTORIE, No. 318.

The Agricultz6raZ Crown Lands Amendment Act.-1884.

one month after the opening of Parliament for the dispatch of	P ~ a x	11.
business.

19, If any scrub lessee shall hold scrub lands under more than Prpqis!on adj 0- leases. as to

one scrub lease, and such lands slrall be coutiguous, the covenants contained in any such lease shall be deemed to be sufficiently per- formed if performed in respect to land not includccl in such lease but contiguous thereto, ant1 included in any other of such leases to an extent which would have been a sufficient performance of the covenant if such contiguous lands had all been included in such lease.

any scrub lands shall be considered personal residence on such residence conclition. 20, Persoiial residence on any land situated within ten miles of Performance of

scrub lands for a11 the purposes of any condition of residence

affecting such scrub lands.

PART 111. ?ART III.

LEASES AND RENEWALS OF LEASES.

21, Any selector may, in manner to be provided by regulation, Persons entitled to leases.

surrcmder his agreemeut in exchange for a lease of the same land.

And any pcrson who, under any Crown Lands Act, has sur- rendered any selectiou which has not since been sold mky, in like manner, obtain :I, lease of the land so surrendered.

computing from the date of such lease being granted, at such rent, renewal. 22. 'Every such lease shall be for a tcrm of twenty-one years, Rent and right of

not bein? less than Twopcncc per acrc, as shall be fixed by the Commissloner by valuation of thc land, exclusive of the improve- ments thcrcon, with R, right of renewal for a further term of twenty- one years, commencing horn the expiration of thc original lease, at

an annual rent not less than the original rent, to be fixed hy valua-

tion of the land exclusive of the improvements thereon.

23. The lessee shall have the right to transfer any such lease, Power to transfer.

and upon such transfer the transferee shall hold the same under the same conditions as the transferor; but no person shall hold under transfer, or under lease and transfer combined, more in the aggregate than three thousand acres, except irr such hundreds, or parts of

hundreds, as may be from time to time proclaimed by the Governor,

. when the aggregate may be cxtcndcd to five thousand acres; and residence, whether personal or substituted, as the case may be, on any portion of the land in any one or more of such leases shall be considered residence on the land comprised in thc whole of such leases,

24. No Crown lands reserved for leasing shall hereafter be sold, bo Reserved sold. landa.not t*

except as town or suburban lands.

25. The

47' & 48" VICTOKIE, No. 318.

The Agricultural 'Crown Lands Araendment Act.-1884.

PART 111, 25, The Cornmissioiier shall cause all lands reserved for leasing

Leases to be sold by	to be surveyed, and lcascs thereof to be offered for sale by auctioi
auotion.	at an upset annual rental to be fixed by the Commissioner according to the quality of the land and the value of the improvements thereon.

Landa benefited bp 26, As to any lands reserved for leasing which, in the opinion of

public works.	the Commissioner, may probably be beneficially affected by any works to be carried out at the public cost, the term of thelease shall be for seven ycars with a right of renewal for a further term of seven years, conlmencing from the expiration of the original lease, at an annual rent to be fixed by thc Commissioner by valuation having particular reference to any increase in the value of the land by reason of any works carried out at the public cost.
CLmification of	27, All lands reserved for leasing, except those referred to in section 26 shall be classified into two classes, according to the quality of the land, and the leases thereof to be offered for sale shall be for a term of fourteen years with a right of renewal for a further term of fourteen years, commencing from the cxpirstion of the original lease, at an annual rent to be fixed by the Commissioner in the same manner as the rent under the original lease shall have been fixed.
reserved landa.

Conditions o f lmes. 28, The rent reserved by every lease granted pursuant to this

Act shall be paid annually in advance, and every such lease shall bind the tenant to fence the land leased within two years from the date of such lease, and to personally reside on such land for nine months at the least in every year of the term; and every such lease shall also contain such ri@t of re-entry and such terms and conditions, not inconsistent with the provisions of this Act, as tlie Commissioner may see fit to rcquirc.

Resumptionof leased 29, Provision shall be made in every such lease enabling the

lands.	Governor to resume, for public purposes, thc whole, or from time to
calendar months' notice of intended resumption shall be givcil to the timc any portion, of the land leased, provided that at least six
tenant by publication in the Gocernment Gazette, and that within three calendar months after resumption the tenant shall be paid cornpensaltion for tlie loss which he shall sustain thereby, in an amount to be fixed by valuation.
Conditions of

renewed lease. 30. Every such renewed lease shall contain the same terms and

conditions, so far as applicable, as the original lease, excepting only

that it shall not confer any right of renewal.

Mode of exercising

right of renewal. 31, Every tenant desiring to exercise any right of renewal con-

ferred by this Act, must, not less than three months nor more than U

six months before the expiration of the original lease, give written

notice to the Commissioiler of such desire, and must execute the renewed lease within s time to be fixed by the Commissioner for the purpose by notice published in the Goverkment Gazette.

32, Lvery

47' & 48" VICTORIW, No. 318.

The Agricu~tul+aT Crown Land's Amendment Act.-1884. -

. - -- -. p --. -- - - -

--

Every tenant who shall fail to give such notice, or to execute such renewed leasc as herein provided, or to perform and observe the Pmeeedinga on PART III.

32.

terms and conditions of the original lease to the satisfaction of the failure to renew.

Commissioner, shall forfeit his right of renewal. And the Commis- sioner shall cause all improvements made by the tenant, with the consent of the Commissioner, on the land during the term of the lease to be valued, and shall cause a lease similar to that in respect of which the tenant forfeited his right of renewal to be offered for sale by auction at a premium of not less than three-fourths of the value of such improvements, to be paid in cash by the purchaser to the Commissioner, and afterwmis to be paid by the Commissioner to the outgoing tenant. And every tenant, at the expiration of any renewal of any lease granted under this Act, shall be entitled to be paid by the Commissioner three-fourths of the value of any improve- ments made by the tenant with the consent of the Commissioner on the land during the original or renewed tcrm of the lease, such value to be fixed by valuation.

33. If any person entitled to a lease of unsold surrendered land, Proceedings on

under section 21 of this Act, shall, for six months after the passing failure t o lease.

of this ,4ct, neglect to take such lease, the Commissioner shall cause such lease to be offered for sale by auction at a premium of not less than three-fourths of the value of the improvements made on such land by such person, to be paid in cash by thc purchaser to the Commissioner, and afterwards to be paid by the Commissioner to the person so, as aforesaid, entitled to a lease of the land.

34. No lease of any lands reserved for leasing shall include Areaaf leases.

more than three thousand acres of land of the second class, nor more than one thousand acres of any other such land; and no persoil shall, at the same time, hold more than three thousand acres of second-class lands, and one thousand acres of other lands rescrvcd for leasing; but residence on any land situated within the Schedule to this Act or within ten miles of any second-class land, shall be considered residence on such second-class land for all the purposes

And the Commissior~er shall have the power to w-aivcz thc condition	of any condition of residence affecting such second-class land.
contained in any lease of first-class land enforcing personal residence, if the tenant shall be a credit selector residing upon his selection, within the limits of the said Schedule; and where the total area held by such credit selector of land purchased under agreement, and land taken upon lease, shall not exceed in all one thousand acres.

35. Every lease of any lands reserved for lea~ling which shall Leasing by private

have been offered for sale by auction, and shall not have been sold, may be taken up at the upset price by any person on the ternis on which such lease was offered for sale, on application to be made in manner to be provided by regulation to be made under this Act; and if not so iaken up withi; such time as shall be prescribed by regulation, leasea of such lands may be offered for sale by auction a t such reduced rent as the Commissioner shall fix from time to time.

PART

47' & 48' VICTORIA?, No. 318.

The A~riculturul Crown Lastds Amendmesit Act.- 1884.

P A W IV.

MISCELLANEOUS.

Valuations.	36. All valuations provided for this by Act shall be madc by some person to be appointed by the Governor, and thc amonnt thereof shall be subject to approval by the Governor.
Extension of power	37. The power conferred by section 37 of the "Crown Lands Consolidation Act" on the Commissioner, enabling him in certain cases to authorise the receipt of' overdue purchase-money ancl interest is hereby extended to all cases of ovcrdue purchase- money, interest, or rent, and in whatever Act or by whatever mode the time for payment thereof shall be firrecl.
of Commissioner.

Further extension. 38. The powers conferred by sectinn 19 of The Crown Lmds

Amendment Act, 1882," on the ~ornrnissioner. enabling him to remit certain provisions and conditions, shall apply as well to all agree- ments thereafter made and executed and hereafter to be ma le and executed as to agreements theretofore m d e and executed.

Penalty on excesaivo 39. Any person who shall knowingly become, or shall, for the

holding.

space of three months knowingly contihue, thc beneficial holder under lease or transfer of lease, OF lease ancl transfer of lease combined, and whether in his own name or in the name of any other person on

his behalf; of more seconcl-class land reserved for leasing than thrce

thousand acres, or more of other land reserved for leasing than one thousand acres, or of more than th17ee thonsancl acres or fivc thousand acres contrary to section 23 of this ,4et, or of nzorc lands leased under this Act than five thousmd acres in the acymiypte,

shall forfeit all land and leases so held, and be deemed gmlty of n 09

misderneanor punishable on a first conviction by a fine not exceeding Five Hundred Pounds and not less than Ten Pounds, or in default of payment, imprisonnzcnt not exceeding twclre moi~t~hs; ancl for a sccontl and every subsequent offence by irnprisonment not exceeding

and it shall be presumed that the acl conlplaiiicd of was done	clause must be instituted at the instance of the Attorney-General, five years with or without hard labor. A11 prosecutions under this
knowingly unless the defendant shall prove thc contrary.

rower to mine under 40.

All lands under the surfacc of any street, road, highway, or reservc, now or hereafter dedicated to or reserved for any public

reeerves.

purpose, and the fee simple whereof shall not h a ~ e been wanted

fiom the Crown, shall, for the purpose of mining, as well for gold t)

as for otlier metals and minerals. and for the purpose of all acts

relating to mining, he deemed to be Crown lands, and also to bc waste lands, and may be h a l t with accordingly, subject to such regulations as may be approved of by the Govmlor for protecting the public uses of such land, in t e r m of the dedic tt t' lon or rescrva- tion, and for providing for protection to any person or persons and property, and for securing to any persorrs who, for the time bcing,

shall havc the right of mining on any property intersected by or

abutting

- 47' & 48' VICTORIE, No. 318.

The Agriculttcral Crown Lands Amendment Act.-1884.

-

abutting on any such lands, not being a reseri-e, a preferential right

PART Ir.

of mining in respect of tthc lands intersecting or abutting on such

property.

41. Notwithstanding any thing therein contained, thc provisions Extension of time to surrender mineral

of an Act, No, 255 of 1882, intitulerl. .' A11 Act to enable the lessees of	leases.
mineral leases to surrender their lcascs and to obtain fresh leases under the Crown Lands Consolidation Act," shall be extended for a further period of six calendar months from the passing of this Act as regards any mineral lease which, in the opinion of the Governor, shall not have been surrendered pursuant to the said Act by reason
of any mistake, oversight, or inadvertence, and for the purposes of
this Act every such mineral lease which d d l have cxpil-ed within six calendar months prior to the passing of this Act shall be de(mtxl to expire on the thirty-first d:iy of December next.

agreement, lease, or instrument to be hereafter executed, and be altered. 42. 'rlie Commissioner may alter thc prcscribcd form of any Prescribe(1 form may

whether such form is preseibcd by Act, i:cgulation, or otherwise, in such manner as he shall think fit for the purposc 01 making such form correspond with the provisions, and of giving effect to the objects of this or any other Crown Lands Act.

43. The Govcrnor may makc and publish such regulations as to Regulations.

him shall seem fit for fully and effectually carrying out and giving forcc and effect to the various purposes, provisions, powers, and authorities in this Act contained, and may from time to time altcr rescind, vary, and amend the same or any of t,hem, and make other regulations in lieu thcrcof for more fully ancl effectually carrying out ancl giving force and effect to s ~ ~ h 1mrposes, provisions, powers, and authorities, and every rcgulation when p~~blishcd in the Gazette shall have the force of law, and slmll be laid before Parliament as provided by the Crown Lands Consolidation Act.

I n the name and on behalf of IIer Majesty, I. hereby assent to

this Bill.

TfTILLI.AM C. F. ROBINSON, Governor.

SCHEDULE.

47' & 48" VICTORIX, No. 318.

The Agricultural Crown Lands Amendment Act.-1884.

SCHEDULE,

DeJinition of Boundaries.

Commencing at the north-west corner of the hundred of Benara; thence east along the north boundary of said hundred to its north-east corner; thence north along the west boundaries of the hundreds of Young, Grey, Monbulla, and Killa- noola to the south-west corner of the hundred of Robertson; thence westerly to the south-east corner of thp hundred of Joyce, and north-north-wcstcrly to its northeastern corner; thence north along the western boundaries of the hundreds of Lochaber, Glen Roy, and Parsons to the north-west corner of the latter hundred; thence westerly along the north boundary of county MacDonnell to its north-west corner; thence in a southerly, south-westerly, and south-easterly direction, following the sea-

coast to the point of commencemcnt.

- -

---

Adelaide : By authority, E. SPXLLBB, Govomment Printer, North-ternce.