Crown Lands Act 1887 (SA)

ANNO QUINQUAGESIMO ET QUINQUAGESIMO

PRIM0

VICTORIB REGIN&.

A. D. 1887.

No. 422.

An Act relating to the Valuation of Improvcments on

certain Crown Lands.

[Assented to, December 9 4 1887.1

HEREAS it is expedient to more clearly define the meaning Preamble.

W of' certain portions of The Waste Lands Amendment	Act, 1867," the Waste Tmds 'Amendment and Procedure Act,
1869-70," and certain Acts repealing or amending the same-Be
it therefore Enacted by the Govcrnor of thc Province of South Aus- tralia, with the advice and consent of the Legislative Council and
House of Assembly of the said province, in this present Parliament
assembled, as follows:

Waste Lands Amendment Act, 1 867 " in reference to the wells therein referred to, and as used in the 27th section of the " Waste Lands Amendment and Procedure Act, 1869-70," in reference to the wells, dams, and reservoirs therein referred to, and in all Crown intended to mean and means in regard to any particular well, dam, Lands Acts in reference to wells, dams, tanks, or reservoirs, was

1, This Act may be citcd for all purposes as " The Crown Lands Bhort title.

1ntcrpl.etation Act, 1887," and, except so far as inconsistent thcre- with, shall be incorporated with " The Crown Lands Consolidation Act, 1886."

2, The provisions of this Act shall apply to the land coniprised TO what leases pro-

in all pastoral leases, whether the land comprised therein shall have apply.	visioils of this Act to
been resumed or not.

3, The word " value " as used in the 17th section of The Interpretation of the "

No*

The Crown Lands Interpretation Act.-1887.

tank, or reservoir, the actual cost of sinking, making, constructing, enlarging, deepening, and improving the same, but not of repairs and cleaning, less a fair deduction for wear and tear and depreciation since such well, dam, tank, or reservoir was sunk, made or con- structed; but the word "value" was not intended to mean, and does not mean or include, any expenditure incurred in prospecting for water, or in sinking wells, which have not been proved to be, or are not of, a permanent character, available for the use of stock, or which do not increase the carrying capabilities of the'lands whereon the last-mentioned wells are situated, nor was the said word intended to mean, nor does the same mean or include, any matter o r thing which is not specified in this Act.

Valuatione, how to 4.

The value of any wells, dams, tanks, or reservoirs herein referred to shall, in case of dispute, be ascertained in the mode prescribed by the 192nd section of The Crown Lands Consolidation Act, 1886."

be made.

Water appliancae 5. All machinery or appliances which in the opinion of the

to be deemed part of

well.

arbitrators or umpire shall be necessary for the purpose of raising or distributing after raising the water, which may be attached or appurtenant to any well, dam, tank, or reservoir to be valued under this Act, including all undcr and overground tanks and troughs, shall

be deemed part of such well, dam, tank, or reservoir, and the

arbitrators or umpire valuing the same shall include such machinery

or appliances in their valuation.

Commissioner may

require valuation 6, Any valuation to be made purs1;tan t to this Act of any well, dam,

forthwith.	tank, or reservoir, and any valuation to be made of any other improve- men ts upon the land comprised in.any pastoral lease may, a t the option of the Commissioner, be made at any time not exceeding two years before thc expiration of such lease, notwithstanding that the lease of the lands whereon such. well, dam, tank, reservoir, or other improvements are situate may not have expired, and the amount of any valuation so made shall be deemed for all purposes to be the
value of such well, dam, tank, reservoir, or improvements at the expiration of the lease, subject to a deduction for any damage or depreciation which may occur between the time of making of such
valuation and the time of the Commissioner receiving possession; the amount of such deduction, in case of difference, to be ascertained as mentioned in section 4.
Compensation when
payable.	7. Any payment which shall be awarded to any pastoral lessee as compensation for any improvements on the land comprised in any pastoral lease, and any payment which shall become due to him in respect of any well, dam, tank, or reservoir shall be made either within six months after the expiration of the pastoral lease of the land wherc- on such improvements are situated, or within six months after resump- tion of such land, if the land shall be resumed: Provided that in the event of the land comprised in any pastoral lease being held after expiration or resumption under annual lease or otherwise, except under new lease, by the person who was the pastoral lessee at

the

-	50' & 51" VICTORIE, NO. 422.
The Crown Lands 112terpretation Act.--1887.

the time of such expiration or resumption, the payment aforesaid shall be made within six months after the expiration of the term of the original lease or within six months after such lessee shall, after six calendar months previous written notice to the Commissioner of Crown Lands, have ceased to hold such land under annual lease

or otherwise as aforesaid.

8, It shall be lawful for any lessee of pastoral lands under Surrender of leases.

leases granted behre the passing of the Acts 321 of 1884 and 393

of 1886 to surrender such leases, and thereupon new leases shall be Issue of new ~eapes.

issued to such lessees or their assigns for the unexpired term of their leases, on a form to be approved by the Commissioner, on the same terms as contained in such surrendered leases, with the addition of any other terms and conditions to which such lessees

shall, at the time of such ~urrender, be lawfully entitled.

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

this Bill.

WM. C. F, ROBINSON, Governor.

P- A L

Adelaide : By authority, E. SPILLER, Government Printer, North-terrace.