Crown Lands Act 1882 (SA)

ANNO QUADRAGESIMO QUINTO ET QUADRAGESIMO

SEXTO

An Act to amend thc " Crown Lands Conmlidatioil Act,"

Thc Crown Lands Act, 1878," and "Thc

Crown Lands Amendment Act, I 880," and iur

.. 1

0 t h purposes.

HERRAS it is d(4rahle to n f h d cerlain s~lcctors relief, an(l rremble.

MT t o an~cnd the "Orown Lands Consolidation Act," " Tllc

Cron.11 Lands Act, 1578," ancl Tllc Crown L:lnils _-imcndment Act,

1880 "-Be it therefore Enacted by tlic Governor of the Province

of South Aust~alia, with the advice and ccvuscnt of the Lcgislativc

Council and House of Asscrnbly of the said province, in this present

Parliament assemblcci, as fbllows:

? i d

1, This 9 c t may be cited for all purposes a s '' 'l'hc CYOWI~ short title.

Lands Amcnchent Act, 1882."

2. Any pcrson holding land under agreement on July the first, Existing egrccmrnts

one thousand eight l~undred and eighty-one, may, on or before the first mny be surrenrleretl,

day of December, one thunsnnd ci$t ilundrrd and cightg-three, with

the consent of the Cominissioncr, ancl subject to the regnlatinns for

the time being in force under this Act, surrender the agreement under

which such person holds such land, By indorsing thercon n notice in the form of Schedule A hereto. Should such pewon desire the land to bc offered for salc under section 7 hereof, he shall iudorsc on such agreement a notice in form of Scllcdulc 13 hereto.

3, The Comrnissioncr shall, within fourtccn days aftcr the receipt Con~missioner to

of such surrendered agreement, givc notice of such surrender in tlie

nolicc iu Gocerrwtewt

Governaaent Gnzettc, and after the expiration of onc month from th(:

pultlic a t im

4 5 O & 46O VICTORIE, NO. 275.

- - - - -- 7

The Crown Lands Amendnzent A c t. 1 8 8 2.

publication of the -said notice the agreement so surrendered shall

become cancelled.

s u ~ ~ ~ d e ~ d l ~ ~ s to

becorno Crown lands.

4. All lands included in any agreemcnt so surrendered shall,

subject to this Act, be deemed to have reverted to the Crown,

and to have again become Crown lands: Provided that nothing

herein contained shall prejudicc the powcr of the Commissioner to allow the land comprised in any surrendered agreement to be offered fir sale for the benefit of creditors undcr section 39 of the " Crown Lands Consolidation Act," in the samc manner as if such agreement

had not been surrendered, and provided that the application for such

sale be made within one calendar month from the publication of

notice in the Governnzent Gazette provided for by section 3.

Person aurrendefing

agreement may hold 5. Every person whose agreement has become cancellcd under the

other land. last section shall be cntitled to again become the holder of land under agreement, in the same manner as if he had never held the land comprised in such surrendered agreement.

All~wancesin r e ~ e c t

of surrendered lands. 6. Every person so surrendering any agreement shall, in the

event of his becoming the holder of other land direct from the Crown under agreemint within one year of such surrender, be credited with any amount paid on account of purchase-money under such surrendered agreement as against the deposit an2 purchase-money payable under such new agreement; and all im- provements made in pursuance of any agrecment so surrendcrcd shall, should such person so require, be valued by or under the direction of the Commissioner, ancl the amount of such valu a t' ion shall be allowcd against the improvements required to be made

upon the land held under snch new agreement.

surrendered ngroc-

ments may be offered 7. Any person so srwendering any agreement may, if he think

for	by	fit, at thc time of sllch surrender, by llotier in writing in form in
auction.	Scheclule l3 hereto. recuuire the C:ommissioner to offer the land , I
lleld thereunder for sale by pnhlic auction; and snch land rillall thcrcupon be offered for sale at public auction nccorc1ingl:ly from
time to time, until sold at such opset price, not being less than One Pound an acrc, nor less in the case of the first auction thul half the amount originally agrccd to bo paid, as the Commissioner shall in each c m determine. The p~mllnser nt such sale sllall pay the purdiase-money payable by him for thr said land, both as to deposit and the balance tliercof, nt the same time ancl in the same proportions, ancl shall hold the said land upon the same terms and conditions in all rcspects as if at the date of the said sale he had become the purchaser of land sold on credit under the law in force for the time being regulating such sal~s. Before such sale the Commissioner shall cause the improvements on the said land to he valued in such iiianner as he shall think fit. The purchaser shall, immediately after such sale, pay in cash to the Commissioner, as pur- chase-money for the said improvements, thrce-fourths of the amount of the said valuation. The pcrson so surrendering the said agree-

men t

45' Sr 460 VICTORIE, No. 2 7 5

- - -- h -

/--

The Crozuiv Lands Anzmdrnent Act.-1 882. - L-

----P-- .. - - -- .

/

]nerlt shall be entitled to bid at the said salc, and in the cvcilt of

his becoming the purchaser shall be credited with any sum previously

*aid by him on account of purchase-rrioney, and slmll not be required

to pay any sun1 in respect of the improvements. In the event of any

other person becoming the puchascr of the said land and improve-

ments, the person surrendering shall be entitled to rcceive from the Commissioner, in sespcct of the said impro~ernents, any sum which

the Commissioner shall have received from the purchaser in respect

of the same, and shall be credited with the other one-fourth of the value of improv~ments in thc evcnt of his exercising his right to

select again within one year from date of surrender.

8, ,411 fallow land not exceeding one-fifth of the land in sur- IMOW lands,

rendered selections under this Act shall bc valued and allowed for improvements.

as improvements.

9. Evcry person holding land under agrceinent having complied Remission of interest

with the terms of his agreement to the satisfaction of the Corn- to certain selectors.

missioncr, may apply to the Coinmissiorux for a remission of interest,

and the Commissioner shall, upon proof to his satisfaction that the

land cultivated by such person and reaped for cereals only for thc last

three successive scnsons prior to the coming into operation of this

Act has yielded less than an average crop of six bushels per acre yearly, credit such person with one ycar's interest payable in respect of the land under agreement held by him. If satisfied that such

land has, during such period, yielded less than an average crop of

five bushels per acre yearly, the Commissioaer shall credit snch

person with two years' interest payable in respect of sucll land; and if satisfied that such It-~nri has, during such period, yielrlcd less

than an average crop of four bushels per acre yearly, he shall credit thc pcrson holding such land under agrermcnt with three years'

interest payable in respect of such land.

10. Sections 3 and 4 of "Thc Crown Lands Arncnclincnt Act, E ections 3 and 4 of Thc Crown TJmida

1880," shall not apply to thc sale of' anv land sold upon credit dter nme,dment n,t,

residence. condition of personal the coming into operation of this Act er the condition of pcrsond :~~~~~'~i~~~~~~~r

rehidenw.

11. The purchaser of any such land shall bc crcditecl with the Purchn~e-mone~,how payable in future.

deposit of Ten Pounds rlel. centun~ lmid by hinz at the tirric of salc

as-a payment by him on irronut of 1;s parchose-nioney, and shall, a t the date of three years from the date of such purchase, pay a further sum of Ten Pounds per ccntum, and also at thc cxpiration of cvcry

y w thereafter, until the wholc of his purchase-money shall be paid,

pay to thc Treasurer of the said provi~lcc an an~ount equal to Fivc Pounds per centum of the purchase-money of the lands rnmtioncd in his agreement, each of which pavr~ieuts slmll bc crcdited as a Payment on account of his purchssc-~ones.

12. Evcry snch purchsscr who shall have bond $de rrsidod Purchase may be completed at end of

upon and cultivated the land purchased by him as aforesaid, and t,,~~Y,,.

sh a1 l

45° & 460 VICTORIfi, No. 275.

shall have made improvements thercon to the value of Ten Sldlings per acre, and otherwise fulfilled the requirements of his agreement and of the ' I Crown J ~ n c i s (lonsolidation ,4ct" and of this Act, shall

bc at liberty to pay the balance rcinaining unpaid of his purchase.

money at the end of the first tcn years from the date, or at any time thereaftw during the currency, of his agreement, and shall thereupon be entitled to a grant of the land in fee simplc.

Interest to be paid on 13. Everysuch personwho shell fail to pay any instalment on

instalments of* pur-

chase-money 111	account of his purchase-money, either wholly or in part, within
ai~mi-.	thirty days from any of the times hereinbcfore appointed for the payment thereof, sEdl pay to the Trettsurcr interest upon the whole amount of such instalment, payablc at the rate of Five Pounds per centum pcr ammm; and 0x1 aonpayment of such instalment and interest, o r either of tliem, for the pc~iorl nf two years. i t d d l be lawful for the Cornmissioncr, by notice in the Gouernme~zt Gtcxettr, to declasc the itgreemcizt held by such purchaser to bc forfeited, ancl thereupon such agreement shall become void, and the land therein niention~cl shdl revcrt to the Crown ancl again become Crown lands: Provided that nothing hF.i*ein contained shall be held to affect the powers of the Commissionc~ undcr section 37 of the Crown Lands
Consolidntion Act ."

F O ~ of agreement. 14. Every agreement for lands purclinsed under the condition of

persoilal resitlencc aftcr the coming into opctntion of this Act shall be in the form of the Scheclulc hereto 1narked C, or to the like effect; and thd " Crown I'ands Consolidation Act " s l d l, as regwds such lands, be read and construed as if t h ~ agreement therein referred to included thc rigreeinent mcntioncd in such Schedule.

1,iccncos to search

for minon~ls 15. Thc Commissioner may, on payment of a fee of Twenty

Shillings, grant a liccnce to any pcrson to search for and remove metals and minerals, except gold, from any Crown lands, for samples

and analysis only, not cxcecdiilg onc ton. Every such liccnce shall

be in force for the period of twelve months from the date thereof and shall, subject to any regulations made undcr the authority of this Act, authorisc the person tl~wein named, ancl his assigns, licencees, servants, and workixen, during the currency of such licence, to search, mine, and work fbr and wmovc from any portion of the Crown lands, not exceeding at any one time eighty acres in extent, any metals and minerals, csccpt gold; md the holder of such licence shall have a preferential right during the currency of his licence to a lease of the land claimed by him under such licence, under Part V. of the Crown Zaucls Consolidatioll Act."

Ragulations as to

licences. 16. The Governor may from time to time make, dtcr, repeal, and

vary such wgulations as may appear to him expedient for regulating the form of any licence and the mode of the issue thereof, the mode of application for the same, and the conditions on which the same

shall

be issued, held, and forfcitcd, aircl gencrally for carrying into effect the provisions of this Act relating to licences.

17. Whereas doubts have arisen as to the construction of section Declaration as to meaning of scction 33

33 of "The Waste Lands Alienation Act, 1872," and the 40th section Waste Lands

of the ': Crown Lands Consolidation Act," and it is expeclieiit to A1 ienntion ~ c t, 1872,''

nu11 coti ion 40 of the

declare thc true intent and meaning of those sections: Now, there- Crown Lands Con-

fore, it is declarcd that the true interpretation of thc said t s o first solidation Act."

mentioned sections is-

r. That the violation or evasion of the provisions of thc 33rd

section of Thc Waste Lands Alienation Act, 1872," or

of any of them, is a fraud under that Act:

11. And that the violation or evasion of the provisions of thc

40th section of' the Crown Lands Consolidation Act," or

of any of thcm, is a fraud under that Act.

18, The 16th section of " The Crown Lands Act, 1878," shall Alteration of section ,, 16 of Crown Lands

bc construed as if in the last linc thereof the words '. this Act ~, t, I s i s, and Ninth

were struck out, and thc words the " Crown Lands Consolidntion Scheduleof the Crown T,nnJs Con-

Act " were in ser tecl instead thereof: And the Ninth Schcdulc of solidation A C ~. "

thc said "Crown Lands Consolir1,ztion Act" shall be amended by

striking out all the words from " 9 n d further take notice, that if you furnish no such evidence" to the word 'c Gazette," ancl substitut- ing thcrefor the following: And further tali-c notice, that if you f~~rnish no such evidence, or if the evidellcc f~~urnishcd by you fails to prove to my satisfaction that you Ilave not (been guilty of such act)

t or (been guilty of the above-mentioned fraud under this Act), 01. violated or failccl to perform the above-men tioned conditloils of your	agreement] it mill bc lawful for me, the said Commissioner of Crown
Lands, to revoke the said agreement, and rcsurnc the lands thcrcin described after the cxpirstion of one month from the public t' a ion thereof in the said Gurzette."

19. Notwithstanding anything contained in thc Crown Lallds Commissiom~ tnds,

in certain cases,

Consolidation Act," or m y Act heretoforcl incorporated therewith, I:illtivation and

the Commissioner may, in w~iting, wholly or pa8rtially remit the ~esidencc

conditions.

provision for cultivation contained in any agreement hcrctofore mndc or cxecuted in any case where it shall bc proved to his satisfaction that any land h d d under agreement is unsuitable for cultivation, and may also, in writing, mheiievcr he shall consider i t necessary, remit the condition or covenant for personal residence contained in any agrccmcnt for my period not exceeding six months at any one time; and shall cause a return of all such remissions, with the rcasons therefox, to be annually laid before Parliament, within one month after the opening of Parliament for the dispatch of business.

20. Notwithstanding anything contained in the " Crown Lands Leases of land un- selected for two years

Consolidation Act," or any Act incorporated therewith, all country m,,be xith-

lands may, after they shall have been offered for salc at auction, and out bein. ~)reriolls]y	offered for sale.
not sold, and shall have remained unsold for a. period of two years,

be

45' & 46" VICTORIAZ, No. 275.

-- --

- --

The &own Lands Amendment Ac t .1882. p -- p p

be leased in manner and on the terms specified in scction 58 of the "Cro~n l Lands Consolidation Act," without such lar~ds being first offered for sale by public auction far cash, and without the pm. clamation in the Govemrne?lt Gnzette, or a list of such lands being laid before Parliament provided for in section 58 of the " Crown Lands Consolidation Act "

Amendmentof section

34 of " Crown Lands

21. Section 34 of the " Crown Lands Consolidation Act" shall,

from and after the coming into operation of this Act, be read and

co~~nt i, ,, -, net...

construed ss if there were inserted therein, instead of the words

five years," in the last line but one thereof, the words, G three years."

Governor may, before

grant, revoke Pro- 22. I t shall be lawful for the Governor, by Proclamation in the

clamation dedicating

Government Gazette, to revoke any l'roclnmation, wholly or in part,

lands.

whereby any Crown lands have been or rimy be dedicated ~xnder

section 5 of the "Crown Lands Consolidation Act " to public pup

poses under the control of the Governmclrt, and to cledicatc such

lands to any otl~er public purpose not being intended for ccclesiastical

purposes, provided such land shall not at the time of such Proclnrns

tion have been granted in fee.

@ ~ v e m o r ~ ~ make

regulations.

23. The Governor may, from time to time, make such regulations

as he may think fit for further regulating the mode and conditions

in and on which agreements under this Act may be surrendered, and

generally for carrying out the purposes of this Act.

M i h g under public

wada, &c.

24, All lands under the surface of any street, road, highway, or reserve dedicated to 01- reserved for any public purpose, shall, for the purposes of mining, bc deemed to be "Crown lands" within the meaning of the " Cmwn Lands Consolidation Act," and may be dealt with accordingly, subject, however, to such special terms and conditions as the Governor may, by regulation, from time to time impose,

Power to rembvo	25. The holder of any licence under clause 89 of the Crown Lands Consolidation Act, or clause l 5 of the present Act, may obtain permissioii from the Commissioner of Crown Lands to remove ahy minerals or metals exceeding one ton, but not excccding
minerals,
twenty tons. 6
Incorporation.	26. Except where inconsistent with this Act, the Crown Lands Consolidation Act," and all Acts incorporated therewith, shall be reid and construed herewith as forming one Act.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

45 & 46' VICTORIAZ, No. 275.

SCHEDULES REFERRED TO.

SCHEDULE A.

To the Commissioner of Crown Lands.

I, [name, address, and occupation, as in agreement] hcreby surrender the within

agreement.

Dated the day of 18 .

Witness- Signature.

SCHEDULE B.

To the Commissioner of Crown Lands.

I, Lnanae, nddresr, ond occupfion. ns in ogreenzent] hcreby surrender the within agreement, and rotluirc you to offer the land comprised thcroin for salc by public auction.

Witness- Signature.

SCHEDULE C.

$'ornt of Agreement for Sale and I'urchcrss on Chdi t uwc2er Persona2 A e s i d e ~ m

Conclif ion. No.

Memorandum of Agreement made the day uf 18 ,

between the Commissioner of Crown Lands and Immigration of the Province of

South Australia (hereinafter called tllc ~ e n d o r ), of the one part, and

of (hereinafter called the purchaserj of the other part, whereby i t is

agreed between the parties hercto that the vendor shall sell, and the purchaser shall prchase, all that piece of land being section NO., situate in the IIundred

of , County of , and containing acrcs or thereabouts,

in fee simple, at thc price of , to be paid in

manner hereinafter proridcd.	It is also agreed by the said parties a? follows,
that is to say-

1. The purchaser shall and will take possession of the saic! land within threc

months from the date hercof, ancl shall and will during the first year of the ccrrency of this agreement reside on the said land for threc montl~s at thc least. After the first year the purchaser shall continue to reside on the said land during nine months out of every twelye months thereafter, until the payment of the last installnrnt of the p111 chnw-money.

2. The purchaser shall and mill make substantial improvements upon the said land before the end of t h e second year, to the estent of Fire Shillings ])er acre; hcfore thc

end of the third ycnr, to thc estcut of Seven Shillings and Sixpence per acre; and bcforc :hc c rd of the fourth year, to the extent of Ten Shillings per acre; such improvements to consist of a11 or any of the following, that is to say-erecting a

dwelling-house or farm buildings, sinking wells, constructing water tanks or rcscr-

roirs, l~utr inz u p fcncinp. draining and clearing and grubbing the sdicl land.

3. No fence s h ~ l l be deemed to be a fencc within the meaning of this i~greemcnt

unless the same shall be a wire fcncc, or constructed of posts and rails, or wires, or

of stone, or other substantial material, and ordinarily capable of resisting thc trespass

of grcat cattle.

4. Any person authorised by the vendor may, at all reasonzble times, enter upon

the said land, to vicw thc samc, and any improwments made thcreon.

5. The ~urchase r

shall and will, during the first year, plough and have under

cdtivation at least one-tenth of such lan:!, and during each and every su~lsequent

p a r, l~nt i l tllc whdc of the purcllase-rriuney has been paid, p1or:ph and have under

cultivation at least one-fifth of such land: Provided that on lands sold as drained lalds the Governor in Council may a t any timc define, by Yroclarnation in thc Govern-

m z t Gazette, that the cultivation of not less than two-fifths of such land with grasses

not indigenous shall be allowed as such cultivation on such drained lands, such culti- vation to be done in a husbandlike manner, and subject to the approval of the Com- missioner. But if the purchaser shall bc desirous of engaging in the cultivation of osiers, olives, mulberries, vines, apples, pears, oranges, figs, almonds, potatoes, onions, beetroot, mangold-w-rtzel, hops, apricots, peaches, walnuts, sweet chesnuts, filberts, or cobnuts, or such other plants as thc Governor in Council may at any time define by yroclamat~on in the Goaernment Gazette, the planting and cultivating in a. husband-

nlanner of onc acre ut land with any of the above trees or plalrts sllall, for all

Purposes of this agreement, be deemed to be equivalent to the cultivation of six acres

of

4.5' 61 460 VICTORIW, NO. 275. - -----

The Crown Lunds Amenilme~zt Act.-l 862. --

of such land as, hereinbefore defined: L'rovidcd that such cultivation bc 6onQ $& continued and kept up to the satisfaction of the Commissioner until full payment of the purchase-money, but not otherwise.

6. The purchaser shall and will send into the vendor true returns, as provided by the Crown 1,ands Consolidation Act.

7. All improvements, ploughing, and cultivation made by the purchaser shall he subject to the ~alua t ion or inspection, as the case may be, of such officer as t,he

vendor may appoint for that purpose, whose valuation shall be conclusive and binding	"
on the partics hereto.

8. The vendor acknowlcclges to have received from the purchaser the sum of £ ,

being Ten Pounds per centum of the purchase-money. The purchaser shall and will pay the balance of the pnrchasc-money by eighteen equal yearly instalments of S fn), on the day of in crery year, the first of which shall becomc due un the clay of I S f h /. Should any instalment of purchase-money remall1 unpaid, in whole or in part, for the space of thirty clays after the same shall

have become due, the parchascr shall pay interest upon the whole amount of sucll

instalment, computed at the rate of Five Pounds pel centum per annum. On non- payment of such instalment and interest, or either of them, for the p ~ r i o d of LWO ycars, it shall be lawful for the mndor, by notice in the Goz.ernmen$ Gazeftc, to declare the agreement held by the purchaser to be forfeited.

9. The purchaser may, a t m y timc during the first ten ycars from the date of this

agmement, pay in advance, in sums of not less than Fifty Pounds ar, any one time, any

portion of the purchasc-money, not cuceeding, wi th all other p j m c n t u on t~ccount

of purchase-money during such ten years, f: (c); ancl may, at the espiration of such ten ycars, or at any t h e thcrcaftcr, pay off thc wllole or any pwt (not b e i y less than Fifty Pounds a t any one time) of the balance of purchosc-money remaining unpaid. Upon crcry payment in advance of part oi the l)urc21i~se-money n propor- tionatc reduction shall h e made in the ainount of future invtalments payable under this agreement, but the pu rcham shall not in any case be entitled to a grant of the land purchased until the expiration of ten sears from thc tlatc of this agreement.

10. T h e purchaser shall and will not at any time, until he has paid the whole of

his pnrchasc-money, assign, transfer, or make orcr the said lanclu, or his right.; under this agreement nnless and until he has obtained the consent of the lendor for that purpose. The vendor will not collscnt to any transfer unless he is satisfied that all the conditions of the agreement have h x n complied with, and that thc land

included in this agrccrncnt was taken np ~ L j d e for the usc and benefit of the B

purchnscr and not with the intention of evading the conditions of thi.; agreement, and that the purchaser is unitble to occupy such land Iron1 illness, physical in- capacity, or necessary nbsencc from the pro1 ince, or nnless it be satisfactorily shown that continued occupation would inflict n pcraonal hardship upon, or be the occasion

oi' great loss to, t h c purchaser [if t i l e ~ ~ t w ~ h ~ [ s ~ ~ 6c ( I ~ m ~ ~ n n, or ~r11ess the pureh~ser

hhall marry]; and it is discretionary with thc lendor in all cases to grant or vith-

hold his cnnrcnt.

11. 'This agreement is made subject to the provisions of the " Crown Lands Con- solidation Act," and of nuy re~ula t icns n~adc or to be made thereunder, arid any such

regulations which may hereafter bc made shall be equally binding and obligatory on

the partics hereto as if this agreenlcnt bad been madc subject thereto.

12. Upon breach of a n y of the foregoing conditions, or upon the publication of a

notice in the Gmcttc t ha t the Comrnissiorler has revoked this agreement, or if the purcl:a!m s h a l l do any act declared by the 'I Crown Lancls Consoliclation Act" to bc a fraud thereunder, or shi~ll mulie default in paynlent of any of the scvcrul sums, or any pai t theleof, payable under this agreement for thc space of t ~ - o years after thc same b l d l bc payzble, then, in either of such cases, thc purchascr shall forfeit all inonc) S paid and all benefit under this agreement, and shall deli~-er up to the vendor, or whomsoever he may appoint, the said lands and all improvements thereon; :aid this agrccnlcnt shall bccomc void, n td the purchaser may be ctealt with under the

" Crown Lands Consolidation Act" as a person iu unauthorised occupation of such

lands.

I n witness, &C., f S i p a t u r c s )

, Vendor (L.s.).

, Purchaser (L.s.).

(tr) Fivc per cont. on the amouut of purcha~e-money.

(5,) I n the yew hut onc aftcr the date of agrcenlent. [c) Nine-tcnths of the purchnsc-money.