Crown Lands Act 1888 (SA)

ANNO QUINQUA(iESIM0 PRIM0 ET QUINQUAGESIMO
SECUNDO
A.D. 1888.
No. 444.
The C~ozotz Lnnds Act.
ANALYSIS.

PART I.

24. Lenso with a right of purchase. 25. l 'egetusl lease, rent bow fired.

XKTRODUCTOILY AND GENElLAL pRoVXS1ONS.

)

26. Kotice of re-rah~ation

of rent to be given

1 .

Short title.

to lessee.

2. Division of Act into parts.

2;.

Rent, how payable.

3. liepeal.

28. Gold and other metals to be reserved.

4. Paving clausc.

29. Conditions of leases.

X. P o m r to rcstime lmds for roads,

&c.

5. Interpretation clausc.

G. Governor's 110%-ers.

31. Compensation on resumption.

32. Principle of fixing purchaee-moncy and

Forn~s

of grants, leases, kc.

8. La:lds granted &er dedication may bc

rcutal.

33. I~esseo

with right of pur~hasr

not arccpt-

e x ~. I i: ~ n g d.

g. Grant of l1md to reserve gold, silver, and

ing re-valuation to forfoit right of

h-444

other metals, &c.

r~newitl.

34. I'esbco under porpcturtl lensenot accepting

I	re-valuation to forfeit lease on expiry of then current fourteen ycars of his lease.

PART 11.

36. On refusal to accept or on forfeiture, &C., new lease to be offered at rent fixed

LEASES WITH RIGHT

o r P U H C I I ~ ~ E

AND

by Roard.

PERPETUAL LEANEb.

36. C'ommissionor may oiFer lands not taken

10. Lanrls to be surveyed.

up on reduced terms.

11.

c r o n ~ n

lands within hundreds may be

37. Existing holders of land may come in

taken up on lease with a light of pur-

under thi? A d.

chase, or on perpetual leaso.

38. Lessees of lands reserved for leasing may

1.2. Province may be divided into districts.

come under this Act,

13. Appointment of Land Bon~clr.	30. Application to T m d Board to fix rent, &c.
14. Qiiorum.	40. Board to fix rent, &c.

15. Board to clas~ify

lands and fix area of

4 1. Payments on account of purchase-money

blocks and price ancl rent.

to bc credited ae against reut i n

16. Notice to be given of land being open for

certain cases.

leasing.

42. Power to reduce rents.

17. Applications how mad!.

43.

Power to Land Boards to enter Ioilsed lands.

18. Simultaneous applications.	44. Right of commonage.
19. Applications to be referred to the Board,'

20 Board to determine applications refel~ed.
2 1. Lease to be prepared.
22. Lessee to execute km.
23. Lessee neglecting to complete leaac! to

forfeit amount paid and rights.

PART

51" & 52' VICTORIW, No. 444.

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

PART 111.

82. Power to enter leased land.

83. Annual leases and commonage licences.

8AT.Z OF LANDB FOR CASH.

84. Old 1esset.s in Class 11. to make same

4.5. Special blocks of land may be sold by

returns of stock as heretofore.

aurtion.

85. Returns of travelling stock.

4 6.

TJnselectccl. Crown lands within hundreds

86. One return for contiguous lands.

may be sold by auction.

87. Penalty for fal, return.

47. Town

and

s u l ) m l ~ ~ m

lands io bc sold by

88.

Owners of t ra~el l ing

stock to pay fccs.

auction only.

89. Autho~ity

signed

hy Commi~sioner suffi-

48. Commissioner may fix upset prices.

cient to a-:want seizure, &c.

49.

Lands to be gnnctteil before auction.

90. Owner of stock liable to payment to

60. Purchase-monev of lands sold for cash,

lessees in ccrtnin cases.

how paJ'ab&.

91. Governor may accept surrender of pastoral

5 1. Unselected or unsold Crown lands within

leases without notice.

hundreds to he always open for leasing.

92. Payruent for ilnprorements on such sur-

52. Purchase-moneys to be"applied primarily

rcndcr.

to payment of public liabilities.

03. Disability of Ic5,ce suffering forfeiture.

53. Certain Crswn lands may be sold to pay
deficit.
54. Plan and return to be laid before Parlia-
ment.

Y A R T

PART IV.
94. Lcasw lnuy be granted for mineral pur-

PASTOIIAL LEASES.

poses.

9.5. Tcrln of lease.

55. Power to lease pastoral lands.	96. Improvements.
56. Clilssification of pastoral lands.	97. Rent.

( a ) R e l a l w q to Class I.

98. Rcturns to be made.

B i. S& of leases.

90. Condition8 of lmsc.

100. LCSSPP~

of wnfiguous lands may apply to

58. Term of leases.

consolidate leases.

69. Time of salt..

Tmser not sold may bc re-

101. Consolidated 1 ~ a w

mty l ~ c

granted.

offered.

102. Amalgar~lrd

ion of rontiguous leases held

60.

1,essees in Clav l, may continue in occlipn-

l)y d~ffeient

lcseees.

tion nfter expiry of I ( w t.

103.

M i n ~ m l

1east.s may bc, wrrcndcrcd.

61. Payment for irnprovcments.

104. Specific mineral lit onces. 105. Ticmccc to employ Iabor.

( b ) Relatkig to Class

11.

106. Spe~ific liccncoc may removc twenty

62. Sections 57, 58, 69, and 60, to apply t o

tons of nuncrals m-ith consent of

Class 11.

Commissioner.

63. Compensation on resumption.

107.

General niincral lit cncr.

108. Nincsal licence not to apply to land occu-

( c ) Rclathg to Class 1TI.

pied for gold mining purposes.

64.

Sale and t o m s of leases.

109. 1 ~ ~ 9 ~ 1 3 ~

under gold mining lease entitled to

65. Leases to discoverels of p:~sto~

ountry.

preferential light to n~iaernl

lcase.

6G. Procedure on silrrcnilcr.	110. Mine~nl lessrer to Ilave a right of renewal.
67. I'reminm on sale of surrenrlered lcasc.	111. New Ictises to be offered at auction iu

68. Reduction of premium.

certain cases.

69. Section G3 to i~pply

to Claw 111.

112. Bpecitic lirrnvcs Inay bc wrrendercd.

11 3.

Rq, i \ t c~cd

companies may hold more than

(d ) I!esumnyt ons.

one lease.

114.

Lca~es

under Act No. 26 of 18i0-71 may

70. Frovision for resumption.

sn i rend~r and obtain

lease under

(r)

Auctiwas.

Gold Alinirlg Act of 'I88L"

115. Lessees of rontiguous lands held under

7 1. %Lode of eale.

gold mining leases may surrender

12.

Notice.

leases and re-adjnst boundaries.

(f) Ynlualion of

Rents.

73. Principles of valuation of rent.

PART

VI.

74. Only certain bo~zciJitle

improvements to be

paid for.

bEASES AND 1,TCENOE.S P01t MIBL'ELLANEOUB

75. Naticc: of in~provcniel~tti.	PUKPOSES.
76. Leesees before Act No. 321 (of 1884) en-

titled to same payment for improve-	1 16. Leases to discoverers.
ments as lesscc8 under t h i Act.	117. A boriginnl rcscrves may be leased.

7 7. Time for payment for improvements.

1 18. Miscellaneous leases may bc gmntcir.

11 9,

Leases to be offered a t aucation.

(h) Comnpensationfor Loss of Lease.

120. Conditions of leases.

121. Present lessees under miscellaneous leases

78.

Certain increased value not to bo included.

for grazing purposes may cultivate.

79. Time for payment of cornpeneation.

122. Timber and stone lioenccs may be granted.

123. Special licenccs.

(i) MireelZuncous.

124. Conditions of licences.

Pd.

Improvements.

125

Uommianioner may limit licencee.

8 1. General terms of leases.

PART

No.

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

PART VJT.

160. Overduo moneys and notices may be

received.

LEABES OF SMALL BLOCKS FOR WORKINOMEN.

161. Power to mine under roads and reserves.

126. Surveys may be made of

lands i n blocks

162. Lands ineludcd in mincral lcase or licence,

not exceeding twenty acres, and leases	or miscellaneous lease, to be cxuep ted
thereof, with right of purchase, oEered	from original lease.

at auction, or, if unsold, hy private

163. Sites for pulrlio and chttritnble purposes

contract.

may be granted at any time.

127. Only workingmen eligible to become

164. Sites for blacksmiths' shops and other

lessees.

purpos~s

may he granted at rt11y time.

128. Terms and conditions of leases.

165. 1'11rrchase.money for such sites to bc paid

129. Forfeiture.

on application.

130. Personal residence condition, how may be

166. Conlrnissioner may give power to erect

performed.

gates on roads, and lease roads outside

131. Lessee not to impound unless land fenced.

district councils.

Penalty for lcsring gates open.
167. Fencing Act to apply.

PART VIII.

168. Recovery of half cost of rabbit-proof fcuce

Xotice to be in writing.

FRAUDS AT AUCTIONS,

Boundary fencc " definition.

L ( Rabbit proof"

tlcfinition.

132. Agreements preventing fair competition

at auotion voiil.

169. Modc of raluation of rent.

133. Agreement to pay commission of more

170. Mode of v:iluation for compensation.

17 1.

Lessee may sxrrendcr hir lcase.

than 23 per cent. void.

134. Any money or reward rereived under any

172. New leases may be issued.

illegal agreement to be forfeited, and

173. Unhrantl~d wilt1 cattle belong to the

recoverable by any one suing for the

Crown.

same.

174. Personal reprcscntatives may mortgage

135. Penalty for making illegal agreement.

land to complete purchase.

136. Punishment for offering to make agree-

17.5. Plans may be corrected.

ment under threats.

176. Fees may be charged.

137. Parties eompellahle to give rvidence, but

177. ltegulations may bc made.

178. Regulations to l~t?

laid before Parliament.

not to be prosecuted in certain cases.
PART IX.
MISCELLANEOUS PROVISIONS.
138. Conditions of cnltivntion and residence

abolished, except in certain cases.

179. Crown lands rangers.

139. Purchase under existing agreements and

180. Crown lands ranger may mdie claim or

scrub leases may be completed after

cntry.

six years.

181. Power to impound cattle trespassing, and

140. Educational lands to bc dealt with by

to destroy pigs.

Boards.

182.

Penalty for delaying with travelling stook.

141. Morteaees of surrendered leasea and

U "

183. Penaltv for unlawfully dcnaaturing.

agreements to continue in force.

184. ~ c n a l t i

for un lawful l~

ockpying-crown

142. Disability of persons under eighteen to

property.

hold leave or lioei~cc.

185, Ponalty for irljuring or rcmo~ing tim-

143. Appointment of land offices.

ber, &C., without licence.

141. Commissioner may appoint time and place

186. Pcnalty for injuring or removing land-

of auction.

mt~rkn.

145, Person authorised may conduct auction

187. Penalty for obstruction of roads and ways.

sales without licenl e.

188. Penalty on obstructing authorised person

146. Commissioner may withdraw lands.

from carrying out powers.

147. Commissioner may decline to accede to

1F9. Forging and utteiing a felony.

any application for the purchase of	190. Recovery of penalties.
land supposed to contain minerals.	191. Onus probandi.

148. Commissioner to have care and control of

192. Sumnlary procedure.

reserved and dedicated lands.

193. Appeal.

149. Commissioner may enter leased lands to

194. Local Court may state special case.

search for water.

195. nifiposal of penalties.

Governor may resume place where water

196. Treasurer may order costs to bc paid.

found, and one square mile contiguous.

197. Protection to persons acting i n execution

Compensation on sut~h

resumption.

of this Act.

160. Lease of resnmed lands.

198. Ciuzctte to bc cvidcncc.

Covenants to be inserted in leases of

wells.

199. Act not to apply to Northern Territory.

161. Lesscc may charge for water.

200. Commencement of Act.

152. Commissioner may reclaim swamp lands.

163. Recovery of rent.

154. Finas on nonpayment.

155. All Crown leases to be forfeited if rent in

SCHEDULES.

arrear for three months or covenants

broken.

A. Return of travelling stock.

156. Power to forcibly eject persons from

B. Pastoral lands in Class I. which

Crown property.

may be resumed.

167. Power to rescind forfeitures.	C. Return under mineral lease.
158, Commissioner may waive forfeiture in	U. Lands within which rents may be

certain cases.

reduced.

169. Commissioner Inay in certain cases remit

~unClition3.

51" & 52' VICTORIA, No. 444.

.- -

---
Tfte Crown Lnnds Act.--1888.
An Act to repeal " Thc Crown Lands Consolidation Act,
1886," and " The Crown Lands Amendment Act, 1887," and to make other provisions in lieu thereof.

[Assented to, December &h,

1888.1

EIEREAS it is expedient to repeal "The Crown Lands
W Consolidation Act, 1886," and The Crown Lands Amend- ment Act, 1887," and to make other provisio~ls in lieu thereof-
Be it therefore Enacted by the Governor of the Provincc of South Australia, with the advice and consent of the J,egislative Chuncil and House of Assembly of thc said province, in this present Parlia- ment assembled, as follows:
INTRODUCTORY AN11 GEXEKAL PROVISIONS.

Short title.

1. This Act may be cited for all pwposcs as

The Crown

Lands Act, 1888."

Divisionof Act into	2. This Act shall be di~icied into ten parts relating to the
parts.

following subj ect-matters:

I.--Introductory ancl General Provisions, sections 1 to 9:

PART 11.-Leases

with Bight of Yurchasc and I'erpetual Leases,

sections 10 to 44:

PART

1 1 I.--Sales

of Tm~ds

for Cash, sectioiis 45 to 54:

PART IV.-Pastoral

Leases, sections 55 to 93:

PART v.-Leases

and Licences for Mining Y

urposes, sections

94 to 115:
PART m,--Leases and Licences for &Iiscellaneous Purposes,
sections 116 to 125:

PART

vm-leases

of Small Bloclrs for Working Men, sections

126 to 131:

PART

virr,-Frauds

at Auctions, sections 132 to 137:

PART	IX.-Miscellan~ous Provisions, sections l38 to 178 r.

PART X.-Legal

Procedure, Tresp,zsses, and Penalties, sections

179 to 200.
Repeal,
3, '(The Crown Lands Consolidation Act, 1886," and "The
Crown Lands Amendment Act, 1887," are hereby repeded.
a. such

& 52'

'VICTORIK, NO. 444.

- - - W -

The Crown Lands Act.--1888.

4. Soch repeal, except where otherwise expressly provided by this -.

PART

Act, shall not affect-

Saving clause.

1. Any agreement, lease, or licence heretofore granted under any of the Crown Lands Acts:
Ir. Any estate, right, title, interest, power, duty, obligation, liability, or onus yrobandi, created or imposed by, or acquired or excisable under, any of t,he Crown Lands Acts, in respect of any such agreement, lease, or licence:
111. Anything lawfully done, or commmenced or agreed or authormd to be done, under any of thc Crown Lands Acts, in respect of, or under, or in relttion to, any such
5 agreemen t, lease, or licencc:
IT. Any divisions, exchanges, prodarnations, rcscrv,ztioiis, dcdica- tions, rrgulations, grants, appointments, payments, surveys, mortgages, surrenders, extcnsions, disabilities, I-alnations, acts, proceedings, matters, ancl things lawfully made, had, done, created, authorised, or made valid by, under, or in pursuance of any of the Crown Lands rlcts:
l which agreements, leases, licences, estdtes, rights, titles,

interests, powers, duties, and other matters and things specified in the foregoing subdivisions of thi.; section are hereby prcscrvcd and continued ancl declared to be of the same force a n d effect, to all intents a id purposes, as if the said Acts were still in fbrce: And no action, information, appeal, or other procceding, criminal or civil, which at the time of the passing of this Act may bc dcpcnding in any Court, or before any Judge or Justice, arbitrator, or other authority, shall abate or become discontinued, or bc in anywise prejudiced or affected, but s l d l be proceeded with, heard, and determined, and the verdict, sentence, judgment, rule, order, decision, or award enforced, as if the said kcts were still in force: A.nil, except where otherwise cxprcssly provided, all off'ences com- mitted, and penalties, forfeitures, and liabilities incurred, before	thc passing of this Act, or which may hereafter be committed or	incurred in rcspcct of, or in relation to, any existing agreement,
lease, or licence, or by reason of, or in relation to, any duty, omission, false return, false declaration, unlawful act, breach, or other matter or thing under or against any of the Crown Lands Acts, may be tried, punished, inquired into, and enforced, as if t l ~ e said Acts were still in force: And all fees chargeable in respect of any matters under the said Acts shall continue to be payable for the like matters done under this Act: And wherever, in any Act, any rcfercnce is made to any of the Crown Lands Acts, such reference shall be read and construed as if this Act had been included in such reference.

5. In the construction of this Act, except where the subject- Intevretation ~Ianse.
matter or context or other provisions hereof require a different con- struction, the following terms in inverted cominas shall have the respective meanings hereby assigned to them, that is to say-
" Block

5 1 O & 52'

VICTORIR, No. 444.

The Orown Lands Act.-1888.

PAST I.

" Block " or " block of

land " shall include two or more pieces of

B ~ O C ~

of land.

land contiguous to each other, or separated from each other

only by a ioad or roads:

Cattle.

" Cattle " shall mean and include camcls, horses, geldings, mares,

asses, mules, bulls, bulloclis, and cows, also foals and calves

over six months old:

Commissioner.

" Commissioner 7 7 shall mean the Commissioner of Crown Lands

and Immigration for the time being:

Crown lands.

'' Crown lands" shall mean and include all lands in South Australia situated to the south of the twenty-sixth

of south

latitude, except-
I. Lands reserved for or dedicated to any public purposc:
11. Lands lawfully granted, or contracted to be granted, in
fee-simple. by or on behalf of: the Crown:
111. Lands subject to any lease or licence lawfully granted
by or on behalf of the Crown:
And shall include all lands which, having been granted or held under agreement or lease, shall haw been or shall be surrendered, or having been rescrved, or dedicated, sl~all have been or shall be lawfully resumed by Proclamation; and a11 lands which, having been lawfully held by any person for a.ny estate or interest, shall have been or shall be lawfully forfeited or resumed, or which by any means tvhatsoever shall have reverted or shall revert to the Crown:

Crown h n d s A C ~ S.

Crown Lands Acts " shall mean and include this Act and

all or

any of the Acts repealed by ''

'l.'hc Crown Lands Consolida-

tion Act, 1~86, "

and by this Act:

DeGcatcd lands.

Dedicated lands " shall mcan all lands dedicated for any purpose by Proclamation under any of the Crown Lands Acts:

Lessee.

Lessee " shall include as well the o~iginal

lessee of land held

under lease from the Crown as the assigiiee or transferee of such lease, and the devisee or personal representatives of any such lessee, assignee, or transferee:

Mineral lands.

" Mineral lands " shall include all Crown lands, and also a11 other

lands belonging to or vcstcd in the Crown, which shall be pro-
claimed as mineral lands, notwithstanding tha't the same may be subject to a con tract for, or lease with EL right of, purchase, but shall not include any lands which shh1 be subject to any then existing mineral lease or licence granted under any of the Crown Lands Acts:

Mineral lease.

"Mineral lease " shall mean any lease granted under any of the Crown Lands Acts for the purpose of miniug for any minerals or metals other than gold:

51' & p0

VICTORIE, No. 444.

The Crown L m d s Act.-1888.

'' Mineral licence " shall mean any licence granted under any of

PART 1.

the Crown Lands Acts authorising the liolrler thereof to Mineral licence.
search for metals and minerals other than gold:
" Park lands " shall mean lands adjacent to f t town and rescrvcd park lands.
or dedicated for thc use and benefit of the inhabitants of such
town:
Pastoral lands" shall include a11 lands vested in the Crown Pastorallanas.
leased for pastoral purposes, and all Crown lands which the
Governor has Imwer to lease for pastoral purposes:
" Pastoral lcasc " shall mean any lease granted under any of the Pustorallease.
Crown Lancls Acts fbr pastoral purposes:

(' Proclamation " shall mean Proclamation by the Governor in the Proclurnation.

Government Gazette :

" Public maps " sllall mean the maps prepared undcr the dircc- Public maps.
tion of, arid officially certified by, the Surveyor-General or Acting Surveyor-General delineating any of the lands of the Crown:
'' Regulations " shall meau the regulations for thc timc bcing in Regulations.
fbrce under this Act:
Rcserved lands " shall meall all lands rescrved for any purpose Reservo3 lands.
by Proclamation under any of' the Crown Lands Acts:
" Sheep " shall mean and include rams, goats, wethers, and ewes, sheep.

and lan~bs

over six months old:

" Special block of land " shall mean any single section of Crown Special block of land.
lands which shall be surrounded by lands sold or contracted to be sold undcr any of thc Crown 1,antls Acts, and slmll have bccn with(1rawn froill snlr or lease, arid also any section or block of land belonging to or vested in the Crown (not exceeding one hundred acrcs in arca) which may bc rcquircd for thc establisl~ment of any indnstry, trade, or business, or for

any other purpose that may be approved by the Governor:

" Suburban lands" shall mean all Crown lands surveyed in sec- Suburban lands.
tions of not greater area than twenty acres each situated
within two miles of any town lands or park lands:
" Swamp lands" shall mean all lands which, in the opinion of S~vamplands.
the Commissioner, are liable to be wholly or partially flooded
by overflow of a river or otherwise:
'' Town lands" shall mean all Crown lands set apart, surveyed, Town"~las.
or laid out in lots as the site for a town:
'' Vermin" shall mean and include wal1:tbies and all other mar- Vermin.
supials (except kangaroos and rock wallabies), dingoes (or native dogs), dogs run wild, dogs at large, fbxes, rabbits, hares, and any other animals which the Governor shall, by Proclamation, declarr to be vermin for the purposes of this Act,
6. The

51" & 52'

VICTORLE, No. 444.

The Grown Lands A c t. 1 8 8 8.

PART

8. The Governor may, subject to the provisioas of this Act, from

Governor's powers.	time to time-
nfayalienate GOW

lands.

( U ) In thc nnmc and on behalf of the Crown grant, lease, or

otherwise alienate any Crown lands:

ay e r e ~ n g o.

&C.,

(6) FO;

the public use or benefit-

lands for public pur-

poses.

I. Exchange any Crown lands for any other lands in the

province:
11. Accept the surrender of or resume any lands granted after dedication for any public purpose:
111. Authorise the exchange of any lands granted after dedi- cation for other lands SO granted:

May lease lands to

aborigines.

aboriginal native, any Crown lands not exceeding one hundred and sixty acres i n area, for any term of years upon such terms and conditions as he shall think fit:

May dedicatelands

(d) By Proclamation dedicate any Crown lands for any of the

for public purpose?.

following purposes :-

I. For the preservation of water supply:
11. For public roads or other internal communications, whether
by land or water: Provided that the delineation of ally public road in thc public maps shall be in itself a dedica- tion of such road to thc public use:

11 I.

For quay S, wharves, or landing places:

iv. For public reservoirs, aqueducts, or waterc~urses	:
v. For hospitals, asylums, or cemeteries:

VI. For markct placcs or abattoirs:
VII, For institutions for public instructiolz or amusement:
r l r I. For public buildings and schools, not being intended for
ecclesiastical or denominational purposes:

rx. For park lands or places for the recreation and anmsement of the inhabitants of any city, town, or place:

X, For any purpose of public safety, convenience, health, or
enjoyment:
XI. For any other public purpose that he may think fit:
And may a t any time after dedication grant the fee-simplc of such lauds to secure the use thereof for the purpose for which the same mere dedicated, and may, at any time before the grant of' the fee-simple of any such lands, resume the same wholly or in part, by Yroclamation-

May cancel dodica-	(e) By proclamation cancel the grant of and resume any dedi- cated lands used, held, or dealt with for other than the purpose for which the same were dedicated, or which shall not be used or required for the dedicated purpose:
tions.

51' & 52' VICTORIE, No. 444.
The Crown Lands A c t. 1 8 8 8.

(7) By Proclamation reserve any Crown lands for any of the

following

purposes :-

May reserve lands

for public purposes.

I. For the use and benefit of the aboriginal inhi;lbitanta of

the provincc:
11. For the purposes of military defence:
Ir I. For forest reserves:
IV. For mineral lands:
v. For travelling stock re~er\~es.
vr. For places fbr the recreation or amusement of the public:
VII. For tramways, railways, or railway stations
VIII. For park lands:
rx. For any other purpose that he may think fit:
resum*

And may by Proclamation resume the whole or any portion of the And

dedicated lands.

lands so reserved. A statement setting forth the reasons for such resumption shall be laid before Parliament within thirty days after such Proclamation, if Parliament be then sitting, and, if Parliament be not then sitting, then within thirty days after the next sitting of Parliament:
(g) By Proclamation-

I. Constitute and define the bonnclaries of new counties, hun- !fay constitute coun-

tles a ~ i d

hundreds.

dreds, and towns, and distinguish each by a name:
11. Declare that any county, hundred, or to\vii shall cease to
exist as such:
111. Extend or diminish the area of any county, hundred, or
town:

IV. Alter the boundaries or name of

any county, hundred, or May alter boundariua

of counties and

to\vn:

hundreds.

v. Add the area takcn away from one county or hundred to ally

VI. Divide any county or hundred into two or inorc counties or adjacent county or hundrud:

hundreds, and give each a distinguishing name:

Every such Proclamation shall state the day from which the same shall take effect, and no Proclamation constituting any new counties or hundreds shall be published unless a list and of the counties or hundreds intended to be constituted shall have been laid before Parliament for thirty days:

( h ) 13y l'roclarnation

set apart any crown lands as town lands May set aaide siter

for town or suburban

or suburban lands:

lands.

( i ) Proc:laim

any Crown lands or lands belonging to or vested Mayproclaimminernl

in the Crown to be mineral lands.

lands.

All grants, leases, and other alienations, and all reservations ~

and dedications under this Act shall be made in such form as the Governor shall think fit. 8. Any

51' & 5z0 VICTORIA, No. 444.

- p

- -

m - -

---
The Crown La?zds Act,-11388.
8. Any lands granted i n fee-simple for any public purpose after

Lands granted after	dedication may, with the consent of the Goverpor, be exchanged for
dedication may be
exchanged.	other lands granted for any such purpose, or m a y be surrendered to thc Crown freed from any trust, express or implied, or subject to such trusts as the Governor may approve.
Grant of I:md to

reserve gold, silver,

9, The grant in fee-simple of any land hereafter granted (except

and other metals, &c.

grants in pursnmcr: of any agreement for sale made before the seventeenth day of Novcn~bcr, one thousand eight hundred and eighty-six), shall no t be construc.d to include or t o convev any property in any gold, silver, coppw, tin, or other metals, orc,, mineral, or other su1)stanct.s containing; mctals, or any gems or precious stones, or any coal or ininernf oil in or npon such land, the same hcirlg rrservtd by the Crown. Tt shall hc lawful for thc Commissioner, and for all pcrsons alxtllorisd by him, at all timcs to enter upon any land comprised in m y such grunt, and to search and minc for and remove therefrom any of the inctrtli; and other tliingss reserved there found, doing as little damage as may bc to the surfjcc: Provided that, in the cvent of the exercise of the powers llercby conferred, the Commissioner s W l pay to the persm or persons thereby chnilificd fair a n d yeasoilablc compensation for any damage sustainer1 (esc'lusivc of the value of any metals 01. other things reservcd

as aforemid,) such con~pcnsntioii

t,o be (iet~1r~iliil~~l

by valuation.

LEASES WITH RIGHT O F 1'URCHASE AND PElj-
PETUAL LEASES.

Landa to be surveyed.

10, No Crown lands sha.11 bc leased under this part of this Act

urdcss such lands shall havc bcm previouslv surveyed or the boun-
daries thereof shall have bwn deliueatcd in ihc prtblic maps.

Crown lands within

11, All Crown lands (escept town lands) situate within hnnrll-ds

hundreds may bo

taken up on lease	and Scliednle I:) to this Act may be taken u1) on leasc 1vit.h a right
with right of pur-

chase or on perpotual	of purchasc or pcrpet~vd	leasc, as hereinafter provided.
lease.

Province may be	12, The Governor may by Proclatnation from time to time divide
divided into land

districts.

the province into laiid districts. Erery such Proclamation shall define

the boundaries of a,nd give a distinguishing name to each district.

Appointment of Land

Boards.

13, It shall be lawful for the C3orernor from time to time to

appoint a Land Board for onclz district. Each Board shall consist of five rncmlscrs, thrce of whom shall be residents of the district for which they are appointed, but shall not be Civil servants. The Board shall llold office for twclvc months from the date of appoint- ment, but retiring mcmbers shall be eligihle for rc-nppointment.

Quorum.	14, Three members of the Board shall form a quorum, and shall have and may exercise all the powcrs and a8uthorities vested in the
Board.

15, Each

51' & 52' VICTORIW, No. 444.

- --
The Cram Aands Act.-1888.

15, Each Land Board shall from time to time, subject to the approval of

PART 11.

thc Commissioner, classify the Crown lands, except town

R O ~ P ~

to classify

lands, situate in hondreds within its district. and decide upon the 2 ~ 1 " 6 ~ ~ ~ ~ 2 ~ ~ &

area which shall br, included in e ~ c h

separate block, and the

and rent.

which may bc held by any one losscc according to the class of land, and fix the price and annual rent at which each block may be taken

up on lease with n. right of purch:ise, i

tllc annual rent at whic~h

such block may be taken up on perpetual lease.
16, The Commissioner may at any time thereafter, by notice in Notice t o be given of

the Gouerltrn~nt Gnzette specifying the land and the payments to be	land being open
made for the same, from timc to time, dcclare that any such lands may, on and after n da,te to bc named irl such notice (not being less than thirty days after the lmblication of such noticr); bc taken up on lease with n right of purollase or perpetual lease.

17, Applications for ally sucl~

lease may bc made to thc Coin- Apl)licatim~s

horn

r n d c.
missioner, in writing, g i v i n ~ thc names, addresses, and orcop t' 8 1011s of the applicants, and specifying tlie land and the kind of lcrtsc applicd for, and every npplicnilt shall fol ward with his application

twenty per cent. of	the first year's rent, as notified in thc G o v e r ~ 2 m ~ n t
C'nxet te.

up to and on the date from which ixny lands :we so npcn for cations, what nru.

18, All applicaticms for or inclnding thc s;xmcx land received Simultnneour a,+.

leasing sllall be considered and dealt with us simultsneous applica- tions, and after sucb datc a11 applications rcccircd on one actl the same day for any land not befhre applied for shall be so con- sidered and dealt with.
19. All applications shall, within one month after date of AH applications to be

their receipt, be referred hy the commissioner to the Land Board ~cferretl	to the Board.
for the district in which the land applicd for shall be sitnatc I I I ~ C S T

the land be withdrawn from sale.

20. The Land Board s M 1 meet wllftnever summoned by the Board todetermine

applications rcfel red.

Commissioner, and shall consider the applications referred, and may require the personal attendance of and examine applicants and their witnesses and all objectcirs and their witnesses, and may decidc such applications, and dctcrminc to which applicant any land applied for shall be leased, or may rcjcct any applicwtim, or may subdivide, ur altcr the boundaries of any block in cases where there shall be more than one applicant for tlie same, and may apportion the price and annual rent, or the annual rent only, as the case may be, in respect of each subdivision, all cost of re-survey of such blocks to be paid by thc applicant. The Board shall forthwith report to the Commissioilcr its decision on the applications so referred, and the names of the successful applicants together with particulars of the lands allotted to them and the rents payable shall forthwith be published in the Gozvrnmen t Gazette.
51' & 52' VICTORILE, No. 444.
The Crozon Lauds Act.-1888.

PART

11.

21. The Commissioner shall cause a lease to the successful appli-

Lease to be prepared.	cant to be prepared in triplicate, and left at the Land Office, or forwarded by post to the lessee at the address mentioned in his application.
lease.

Imseo to execute

22, The lcsscc shall, within twenty-eight days, or such further

time as the Commissioner may allow, execute each part of stlch lease,
and cause the same so executed to be delivered at the Land Office
for execution by the Governor, and shall forward therewith the
balance of first year's rent and prescribed fees.

Lessee neglecting to

complete lease to

23. Any lessee who shall fail to comply with the requirements

forfeit amount paid	on his part to be observed of the last preceding section shall forfeit
and rights.	all the moneys paid by him, and all right to a lease of thc lands; and it shall bc lawful for the Commissioxier io dcal with such lands in thc same manner as if no application had been made for a lease thcreof.

Lease with right of

24,

Every original lease with a right of purchase shall be for the term of twenty-one years, and shall contain a right of renewal for a further term of twenty-onc years, and a right of purchase of the leased lands exercisable at any time after the first six years of the term at

purchase.

the price fixed by the Board, such p i c c not to bc less than Five
Shillings an acre. The renewed lease shall contain a right of pur- chase at a price to be then fixed by the Board, such price bcing not less than Five Shillings per acre, cxcrcisable at any time during the term of such renewed lease. 'l he rent for the first term of twenty-one years shall be that notified in the Govenzment Gnxette, or (in cases of subdivision of a block) that fixed by the Board on such

subdivision;

and the rent for the term of the renewed lease shall be

fixed by the Board by rc-valuation at least twelve months before the	-
expiration- of the original lease.

Perpetual lease.

25. The rent reservcd by any perpctual len.se for the first fourteen years of the leasc shall be that notifird in the Government Gazette, or (in cases of subdivision of a block) that fixed by the Board on such

Rent, how fixed.

lease shall be fixed by the Board by re-valuation at least twelve

subdivision. The rent for clvery subsequent fourteen years of the

months before the expiration of every such period of fourteen years.

Noticeof re-va~uation

of rent to be given to

26, Notice of the amount of wery re-valuation of rent under the

lessee.	last two preceding sections shall forthwith be given by the Corn- missioner to the lcsser, who shall, within six months after the receipt
of any such notice, signify to the Commissioner in writing his accep-
tance or refusal of such rc-valuation.

Rant, how payable.

27. The rent reserved by evcry lease under this part of this Act

shall be paid annually in advance.

Goldandothermetrrls,

28, Every lease under this part of this Act shall contain a reser-

&C., to be reserved.	vation to the Crown of all gold, silver, copper, tin, and othcr
metals, ores, minerals and other substances containing metals, and all gems and precious stones, and all coal, timber, except dead

fallen

51' & 52" VICTORIB, No. 444.

The Crown L m d s Act.-1

8S8.

fallen timber, and mineral oils in or upon the leafed lands.

The - PART 11.

lessee shall. nevertheless, be at liberty to cut and.

remove anv timber

for the 6onb f;Je of clearing the land for cultivation, and shall also be at liberty to use for improvcments on the leased land any timber so excepted.
29, All leases under this part of this Act shall contain covenants Conditions of leases.
by the lessee :-
I. To pay the rent annually in advance:
11. To pay all rates, taxes, and other impositions which may be
payable in respect of the leased land during the lease:
111. To fence the leased land within the first five years of the term with a fence or wall, ordinarily capablc of resisting the trcspass of cattle, and during the remainder of tlle term t o maintain and uphold such fence in good and substantial repair:
IT. To forthwith commence to destroy and keep the land free of vermin to the satisfaction of the Commissioner during
the currency of the lease:
Y. To keep and maintain all improvcments thc propertv of the

Crown, and

which, in

thc

opinion of

the ~ o m ~ i s s i o n e r,

inay be dcemed necessary, on the leased land in good ancl
tenantable repair and condition:
VI. To insure and lscep insured in the full insurable value thereof all buildings the property of the Crown upon the leased land in the joint names of thc Commissiorlcr and the lessee, in some insurance office to be approved by the Comrnis- sioner, and forthwith lodge the policy of such insurance in thc office of the Commissioner, and to forward to the Commissioner the receipts for the premiums payablc in respect of such policy within scvcn days nftcr the same

shall become duc, with a power for the Commissioner to

insure on default hy the lessee, ancl to recover the amount

paid for auch insurance in like manncr as the rent is

recoverable:

VII. Subject to the regulations to permit every mineral lessee or
licencee holding a lease or licence under Part v. of this Act of or respecting any of the dcmised land, and all persons authorised by him, to have free and unrestricted access to and egress from the land comprised in such mineral lease or licence:
And such other covenants, powcrs, and conditions as the Governor
may deem proper for the purposes of this Act, and shall be prc-
scribed by regulations.

30. The Governor may resume, for roads, r~ilways, or tram-

Power to reclunle land for roada, tramways,

ways, or for sites for towns, or for park lands, or for mining

railmays, mining, &c.

purposes, or for any public purpose, the whole, or from time to

time

51' & 52' VICTORIE, No. 444.

The Crown Lnnds Act. -1888.
P-

PAR* f l.

time any portion of thc land subject to the lease: l'rovided that a t least three months' notice of <he intended resumption shall be given to the lessee.

compensation on

resumption.	31, I n case of rcsunlption the lessep shall be paid compensation for the loss he shall sustain thercby, and, in case of dispute, such compensation shall be determined by the B o a ~ d or at tlic option of the lessee, as provided untlcr clause 170.
Principle of fixing

purchase-money and

32. Each Board, i n fixing the purchase-money and aununi rental,

rental.

or annual rental only (as thc case may he), Sor any o r i g i ~ d

lease

of any land on which there ilre any improvr~ncnts,

shall take such

irnprove~rients into account. I n fixing the l)urvllase-money and thc rent for a rcncwccl lease with tt right of purchase, and in re- valuation~ of rent uriiler perpetual leases, thc Board shall fix the

irrespective of the valne of the improvements which the lesscc shall have rnadc.

Lessee with right of

purchase not accept-

33. Any lessee under a lease with a right of purchase, who

ing re-valuation to	~ l d 1 110t, within six inontlis after notict: to hi111 of the amount of
fo2eitri-ight~f	tlw rent fixed by the Board on re-\7alu;~tion for the rcncwecl lease, signify t o the Commissioner his acceptancc of such rt-valuatiolr shall forfeit his lsight of rcnewxl.

Lessee under prpctaul	34.	111 C ~ S C	any lesscc under perpetual lease shall not, within
leuso not accepting

re-valuation. to forfeit six months after notice to him of anv re-valuation of his rent.

lease

at expiring of

signif'y to the Commissioner his wril lingne& to p x ~

the rent as so fixed

then current fourtcen

years of bit4 lease.	his lease sllnll ceasc and detmmine at the ex&ation	of the thcn
current period of fourteen yews of his lease.

On rcfusal to accept,	35.	O n or at any time within six nm~t l l s	before the cesser or
or on forfeiture, &C.,

new lease t o be

deterrriination of any lcnsc as inriltionetl ill t h c last section, or the

re"t

surrender or forfcitu1.a of

m y S I W ~

ICBSC,

OP the rxyiratiun by

by Board.

effluxion of time of any lease with a right of p u ~ ~ l ~ a s e, in cases

where the lessee does not avail himself of llis right of purchase, a new lease or leases of the land shall be offcrecl in oiic or more blocks, at the rental fixed by the Board! as Ilcreinbefore provided, and the insprovements made by the former lessee shall be paid for by

the incoming tenant at a price, to be fixcd by the Board, and to
be paid to the Cornrnissioncr and by the Commissioner to the out-
going lessee.

Commissioner may	36. Sl~ould	no application bc mnda within three months from
offer lands not taken

up on reduced terns. the date ou and after which any lands were last cleclarecl to be open to be tnkcn up on lease uu&r this part of this Act, or should all applications received before such lands shall be again offered on lease as hereinafter provided, be rejected or refused, the Commis- sioner may from time to time, and at any time thereafter, offer such lands at such reduccd rcnt as he may, with the adrice of the Board, deem proper.
37. Ally

51" & 52" V CTORIE, No. 444.

37. Any person, at thc time of the passing hereof, holdingdands

PART

P -P

11.

under ally of the crown La$-

Acts, un&r

agreement fbr pur(:h;lse, Eriating h ~ i d e r s

or under lease with a right %f purchase, or under lcasc issued on land

under

may

this come

Art. in

the

sarrcndcr

any

agrceinmt

fof

; x m h a s ~, 111;-1,y, in

~ n i l n n c ~ '

hereinafter

provided,

s rn r~ l i t l~ r

llis agrerrnclnt or lcase in

for n lease with a right of purc)~asc or for a perpetual	i
this part of this Act,

38, Any person at the time of tlic passinp hereof holding any Lessecs of lands

reserved for leasing

lands rescrkd for leasing under ]case may, iu hke manner as is h e - ,,l,, ,,,,

under this

in p r o d c d in thc case of

n persoriJ~~lcliilg

lands under agreement -W.

for purchnsc, surrender his l('ii~e

in cschiri~gz:

for a lease with a

right of

pilrcllase, or for a p e r p ~ t t ~ a l

lcww :.

Yrovidtd that not morc

than one tlious;tnci awes of Innd rcscrvcd folglensing shall at the time	t
Fe held with right of' purchasc by any onc person.

39. ICvery person rlcsirous of t~vailing

liimself

the

last two

A ~ ~ l i c a l i o n

to T m *

Board to fix rent, Sce,
preceding seEtions shall, ii~ manner prescribed by thc regulations,

apply to the Land Uonrd for thc district :-

To fix the pricc and annual rcnt a t which the al)plicant may
obtain a lease of such lands with it ri@lt of purchase, and
the annual rent a t whicll llc may obtaln a pcrpctunl Ieasc,
40. '1'11~ Howd may tllewuporl fix such animd rcnt, or ])rice an(! Roar11 io fir lent, BC.

i l l l r l ~ ~ i t l

wnt, as the case may require, and notify thg samc to; the

applicant, who shall, on surrendering thc agrccrncnt or lease unclcr	"
which h(! holds the lands, he entitlctl in exchange therefor (subject to the approval of tllc Coni~~iissioccr) to a icasc. with ;I right of pur- chasr, or (at his option) to a perpetual lcasc, under this part of this Act. Both rent ancl purchase-u~oney shall be subject to the ap-

pro val of

the C'ommissioner.

41. Any persoil hol~liilg

lands 11~1dcr n scrnb lensc or under an l'aynlcnts onaccount

of purohnse money to

a~rcemcnt

for purchasc or sclcctor's lmae, a i d WIIO ~ 1 ~ 1 1

sumnder I,,

againit

his agrcrmcnt or lcase in C X C ~ ~ L ~ ~ C

ibr :L pery,etrml leascl or lease with rent in certain

a right of purcllasc, uiicic~ this part of' this Act, shall be charged with the rent fixed by the Hoard as from the date of the agreement under which the lands n7erc first held, but dirlll he credited as agpinst such rcnt, and as agaimt ally filtu~c: rent, with all inoncys pm1 hy him since such date fur or on uccount of the relit or purchase of such lands, except the first deposit of ten per cent.

42, I t sl~all br la,u-ful for the Corn rrlissioner, on the recorn- power to reduce

rent Y.

meildatioil of the Land Boarcl for the district, to leduce cr remit any arrears of the rent payable in respect of any lands leascd from the Crown, ancl situate within hundreds within such district and Schedule D to this Act. A return of a11 such reductions and remissions, with the reasons therefor, shall be annually laid before Parliament within one nionth after the openiiig of Parliament for thc dispatch of business.
43. Each
51" & 52' VICTORIE, No. 444.
The Crown Lands Act.--1888.

PART

11.

43.

Each Land Board, and every member thereof, and any person

Power m ~~~a Board authorised by the Board, may, for the purposes of

carrying out the

to enter leasd*nds.

duties and powers of the Board, enter upon any lands leased from the Crown sitnate within the district for which such Board was appointed, and view the same and any buildings or other improve- ments thereon.

Right of commonage.

44. All Crown lands within hundreds and not within the limits

of Municipal Corporations or Distriet Councils shall be subject to such rights of commonage, with the consent of the Commissioner, as shall from time to time be prescribed by the regulations. Section 123 of "The District Councils Act, 1887," shall be read as if the words travelling stock reserve or" in the two last lines thcrcof had been omitted.
PART 111.
SALE OF LANDS FOR CASH,
Specidblocksof land

may be old by auction	45, Special blocks of land may be sold by auction for cash.
Unselected Crown	46. All Crown lands within hundreds, which shall have been
lands

dreds may be sold by	offcrcd for lease and have not been taken up on lease under Part
auction.	11. of this Act within two years from the &ay on which such lands
were first open to be so taken up, may be sold by auctiorl for cash.
lands to be sold by

Town and suburban

47, Town lands may be sold by auction for cash, and shall not be

auction only.

sold upon credit or by private contract.

Commissioner may

48.

The Commissioner may fix an upset price or prices at which lower such upset priccs: Provided always that 110 country lands

fix upset prices

the lands nicntionwl in the 'last three preceding sections may be

respectively offered at auction, and may from time to time raisc and

shall be sold under this part of this Act at less than Five Shillings

per acre,

Lands to be gazetted

49, NO such lands shall be offered for sale at auction until after

before auction.	a statement showing the particular lands, and the upset price or prices at which it is proposed to offer the same mespectively, ancl the time and place at which such auction will be held, has been published for not less than four consecutive weeks in the G0vernmen.t Gazette.
Purchaas money of
lands sold for cash,	50, No Crown lands shall be sold for cash at public auction unless on condition that the purchaser shall, at the time of sale, pay in ready cash, a deposit of at least twenty per cent. of the purchase- money, and shall pay the residue of the purchase-money within one uionth next after the time of the sale; and in case the purchaser
how payable.

shall
grO & 52'' VICTORIE, No. 444.

The Crown

Lands A c t. 1 8 8 8.

shall fail to pay the whole of the purchase-money within such period, the deposit shall be forfeited, and thc sale of the lands purchased by him shall be null and void, unless the Commissioner shall waivc such forfeitnre, a s hereinafter provided.

51, ,411 Crown lands within hundretis, which shall have been

Crown lands within Unsdected or unsoId

open for leasins,, under Part 11. of this Act, and shall be offered for	hundreds to be always
sale by auction for cash, may, mtwithstanding their being so offered,	open for leasing.
remain open for leasing, and inay be taken up on lease at any time not less than thirty days prior to the day appointed for the salc of such lands by auction; and any such lands offered for sale h y auction and l id sold sllnll remain oien fbr leasing as aforesaid, or may he sold by private contract for cash at the upset price at which
the same were last offered for salc by suction.
Purchase-moneys to
52. All purchase-moneys arising from the sale of lands shall form a fund primarily applicable to the paymcnt of s11ch portion of	be applied primarily
to yaymcnt of public
the public liabilities as shall hei.eafter be specially charged tliereon.	liabilities.
Certain Crown lands
53. Any Crown lands may, under and subject to the conditions specified in the next following section, be sold for the purpose of'	may be sold to pay
deficit.
forming a fhnd for the paJment of the deficit in the revenue of the proviucc existing on the tllirtictl~ clay of June, one thousand eight hundretl a n d eighty-scvcn, or of tlw rnoncys secured by Treasury Bills issued in rcspec t tlicrcof.
I'lm and ret,urn to be
54. The lauds to bc sold pursuant to thc last preceding section shall be defined in a plan and return to be laid before both Houses	laid before Parlia-
ment.
of Parliament, and such return shall state the price or upset price, terms, conditions, and motlc! in which it is proposed that the same shall be sold, and no such 1;iud shall lw sold until such wt<urn shall have bpcn laid bcfoi*e both Houses of Parliament for one mdnth whilst in scwion, nor shnll any 13,nd so tlt+imd bc sold, pursuant to the last prececli~ig srction, lu~less a resolution af iming thc
expedicncy of selling the same shall have bcen passed by both	EIouses of Parlinnwnt.
Z'owes to leare

55, All Crowu lands not incl~ldcd

in anv hundred ma,y be lcased

pastoral lands.

firr pastoral prposcs, and no pastoral landsUshnll hereafter be leased for such yurposes except in manner provided by this part of this Act, or for the purpose of giving effect to m y existing right of renewal.

56. For the purposes of this part of this Act pastoral lands are

Classification of

divided into three classes, as follows :-

pastoral lands,

Class r. Including all pastoral lands now held by any pastoral
lessec for &ny tenn of years granted by any new least?

51" & 52'

VICTORIA, No. 444.

The Crown Lands Act. -1888.
issued pursuant to The Waste Lands Amendment Act, 1867 " (sections 3 and 4), the " Waste Lands Amendment and Procedure Act, 1869-70 " (section
31), and '' The Pastoral Lessees Relief Act," No. 24
of 1872 ; or any or either of them; or which, having been held under any such new lease, are now held under any other leases expiring in the year 1888, or on the 1st January, 1889, and granted in lieu of such
new lease:
Class 11. Including all pastoral lands which, on the 14th day of November, 1884, were held by any pastoral lessee for any other term of pears, or which have since or shall hereafter be held by any pastoral lessee for any term of years granted by any lcaw issued pursuant to any
then existing right of renewal:
I)
Class III. Including all pastoral lands not included in Class I. or

Class	1 1.
(a)-Re1atin.q to Class I.

Sale of leaaes.

57. W henever any pastoral lease of any pastoral lands in Class I.

shall have expired or determined, or be aborlt to expire or determine, and the lands included in such lease nht~11 not be required for any other purpose, the Commissioner may causc to be offered for sale Ly auction leases for pastom1 purposes of swh lands in such sized blocks as the Commissioner may detesmiw. to be most suitable for securing the stocking and development of the country and the utilising of the improvement,^ thereon.

Torm of haws.

58. Every such lease shall be for a term not exccedi~lg

twenty-

on6 years, and the annual upset rent shall be fixed by valuation, and the rent paid annually in advance. Thc lcssse shall alsc, pay a dcposit to the amount of ten per cent. upon the value of the irnprove- ments upon the land so leased, which deposit shall be held by thr

ments in a proper state of repair, such dcposit to be paid at the	Commissioner as security for the maintenance of the said improve-	time of the lessee becoming entitled to possession, and interest at the rate of five per cent. per annum on such deposit shall be allowed as against the rent payable under such lease: And, provided the lessee
shall have complied with thr conditions of the lease, such deposit
shall be repadd to the lessee on the expiration of the lease, or so soon as the lessee shall have made improvements on the land leased equal in value to the amount of the deposit, whichever shall first happen, unless the lcssee &all have previously permitted any improvcments on the land to fall into disrepair, in which case the said deposit or
an amount equal to the depreciation in value of such improvements
thereby occasioned shall be forfeited.

Time of sale.

59. Leases shall be offered for sale, as provided by section 57, at any time not earlier than two years before and not later than the

expimtian

51" 81 52'

VICTORIE, No. 444.

The Grown Lands Act.-l

888.

expiration or determination of the expiring or determining leases,

PART

as mentioned in such section:

Provided that any leases offered at Lsmes not SOM

auction and not sold may be re-offered by the Commissioner at any ba m-offered.
time thcrcafter, at such reduced rent as Iie slmll think fit, but no
such reduced rent shall bc less than Five Shillings per square mile.

60.

'l'hc pastoral lessee of any pastoral lands in Class I shall J.e8wsinClasa I-

' may continue in

notwithstanding the sale of a new lease of any lands included in occupation after his lease, during the term of his lease, be entitled to the possession expiv lease. of such lands until the expiration of his existing lease, and may
(in cases where a new lease of snch lands shall be sold during the last twclve months of his existing lease), continue in occupation of such lands for a period of twclve months after the sale of such ncw lease, notwithstanding the expiration of his cxisting lease. Every such pastoral lessee so continuing in occupation shall, during the period he so continues in occupation after the expiration of his lease, be a tenant of such lands on the terms of his expired lease, but so that after any new lease shall have been sold he shall, subse- quent to the expiration of his lease as regards the land included in such new lease, pay the rent reserved by, and otherwise perform
the terms of, such new Icase, and exonerate the purchaser from
such payment and performance, and such occupation shall otherwise bc subject to such terms and conditions as may be prescribcd by the regulations.

61. On the expiration, by effluxion of time, of any pastoral lease I'aymenf for improve-

ments.

a.	~ran ted since the seventeenth day of Novctnber, one thousand

eight hundred and eighty-six, or to be hereafter granted of
pastoral lands in Class r. , or upon the resumption of any lands
included in any such lease, the pastoral lessee shall, sub;ject to
the provisions of this Act, be paid the value of all substantial water
improvements then on the land leased or I-esmed, as the case may

be, and nmle during the term of the lease or after the date of thc	*
sale of such lease to the pastoral lesseo; and in cases of resumption Schedule B hereto, in respect of the resumption of which no com-	(except as regards the lands comprised in the leases specified in

pensation shall be payable) shall also be paid compensation in an amount to be fixed by valuation for the loss of or depreciation in the value of his lease, according to whether the whole or part only of the lands shall be resumed.

$2, The provisions of scctions 57, 58, W, and 60 of this Act section8 57, W 5 9,

and 60, to apply

shall apply to all pastoral lands in Class 11. as well as to all pastoral to Cless ll.
lands in Class I.

63. On the expiration, by effluxion of time, of any ~astoral

lease Com~ensatiou,

resumption,
of pastoral lands in Class rr., or upon the resumption of any such lands included in any such lease, the pastoral lessee shall, subject to
the provisions of this part of this Act, be paid the value of all im-
provemen t s

51" & 52" VICTOKIA2, No. 444.

- - --

. - -

-
The Crown Lands Act.-1888.

-	PABT IT-. provements then on the land leased or resumed, as the case may be,

a i d made during the term of the lease; and in cases of resurnytiorl shall also be paid compensation in an amonnt to be fixed by valua- tion for the loss of or bcpreciation in the value of his lease, aEcording to whethcr the whole or part only of the lands lcased shall be resumed.

(c)-.Relating

to Class 111.

Sale and terms of

leases.

(34. The Commissioner may cause to be offered for sale by

auction leases for pastoral purposes of pastoral lands in Class rrr., and such leases shall be on the following terms as regards term of lease, rent, stocking, and improvements-

r. Term of Lease.-Thirty-five

years, with right to the lessee to

surrender at any time during the first thirty days after the publication in the G o v e r t m e ~ z t Gazette of any notice relating to such lease and required by the next subsection:

11, Rent.-The

upset anrluill rcnt at which any such lease shdl

be offered shall be Two Shillings and Sixpence per square mile per annnm, and the annual rcnt at which such lease shall bo purchased shall bc payable for the first fourteen years of the term; afterwards, during each successive term of seven years, the annual rent shall bc fixed by vallxation, of which notice shall bc gi~wz by the Coxxmissioner b y publication in the Gnuernmmt (;n:etttj at some time not less than sixty days inl~rlcdia tcly in-ececling the commence-

ment of each such successive term.	All rents to be paid
annually in advance:

Stocking.-The

lessce to covenant to stock the land leased

before the end of the third year of the term, with sheep in the pi~nportion of at least five head, or with cattle in the proportioil of at least one head, for every square mile leased, ancl to keep thc smnc so stocked, and before the end of
the sevcnth ymr to increase the stocking to at least twenty

head of sheep, or four head of cattle per square ride, and

to keep the same so stockcd during the remainder of the term; and so that the stocking with sheep and cattle combined shall be sufficient if the requisite number are kept, one head of cattle being computed as equal to five hcad of sheep; and in all cases, upon being required there- unto, to furnish the Coinmissioner with true particulars of the number of sheep and cattle with which the leased land

is stocked:

IV. 1rnprovernents.-The

cxpcnditure of money on thc land leased

in improvements thereon, or bond fide and to the satisfaction of the Commissioner, for the purpose of improving or increasing the carrying capacity of the land, shall, accord- ing to the amount expended, totally or partially discharge the lessee from thc covenant with refercnce to stocLing; and expenditure to the amonnt of Thirty Shillings l)er
square
51" & 5z0 VICTORILE, No. 444.
The Crown Lands Act.-1888.

PART

17. -

square mile made before the end of the third year of the term, and to the value of Three Founds per square mile made before the end of the seventh year of' the &m, shall totally discharge the lcssce from the covcnant in reference to stocking; and expenditure of s lesser amount made before such times shah proportionately discharge the lessee from such covenant.

65. Leases may be granted to any bond $de

discoverer of any Leases to discoverers

Crown lands in Chss 111 ., adapted for pastoral purposes, of the lands O'	p*0ra'
so discovered, at the rent of 'I'wo Shillings and Sixpence per square mile per annum, and otherwise upon the same terms and conditions as are contained in the last preceding section.

66. When any pastoral lessce of pastoral lands in Class 1x1. Procedure on

surrenders his lease pursl~ant

to the terms thcreof, a lease of the land surrender.

surrendered shall be ofbred for sale by public auction, and, if sold, a lease shall he granted to and accepted by the purchaser for the residue of the term from the date of sale, &d on the terms of the s~ll~endered lease, so f.dr as applicable to such residuary term, but so
that no forfeiture or liability s l d be incurred by the purchaser for
any defddt prior to the date of his purchase.
67, Rvery lcsse offered for sale pursnant to the last pwceding premium on sale of

section shall be so offered at u premium of tllrec-fourths of the value,	surrendered lease.
to be fixed by valuation, of all improvements then on the land, and such premium shall bc p i d in cash Fy the purchaser to the Commis- sioner, and by the Commissioner to the surrendering lessee, after deducting thcreout any arrears of rent and other moneys (if any) clue to the Government by the surrendering lessee.

68. If any lease offered for sale pursuant to the last two pre- Reduction of

premium.

ceding sections shall not be sold, the Commissioner may, from time to time offer the same at auction at a rcduccd rental, being in the

last valuation, and, if not sold at such rental, the upset rental may be	first instance not less than three-fourths of the rental fixcd by the
further reduced from time to time to the amount of the minimum upset rental at which lands in Class I I I. are authorised to be leased, and the premium in respect of improvements shall be reduced
proportionately with the rent after the rent shall h&e been reduced
to three-fourths of the last valuation; and such reduced premium shall be paid to and by the Commissioner in manner provided by the last preceding section.

69. The provisions of section 63 shall apply to all pastoral lands Section 63 to apply

in Class 1x1. as well as to all pastoral lands in Class n.

t o Class III.

day of Nouembcr, one thousand ei6;ht hundred and eighty-four, or tlon.

70. As regards all pastoral lcascs granted since the fourteenth provision for relrmpd

which

51" &

VICTORIJE, No. 444.

The Crown Lands Act.-1 898.

PART	which may hereafter be granted, the Governor may, during the currency of any such lease, by Proclamation published in the
Govern~nent Gazette, resume possession of the lands or any part
of the lands leased, and determine the lease in so far as it relates to
the land resumed, subject to the following conditious-

r. If such lands shall be required for the purposes of any rail-
way, tramway, road, or public work, or as a .site far a town or cemetery, or for park lands, one month's written notice of the intention to resume shall first be given to the lessee:
11. If such land shall be required for any other purpose, three years' written notice shall first be given to the lessee, except as regards the lands camprlsed in thc leases specified in Schedule B hereto, for the resumption of which one year's written notice shall be sufficient.

Mode of a le.

71. Leases offered for sale by auction pursuant to this part of

this Act shall be offered at na upset annual rent, and at a premium where a premium is provided for by this Act, and thc bidding shall be in advance of' the upset annual rent, and the first year's rent shall
be paid on the fall of the hammer; and all payments made by a
pastoral lessee pursuant to section 60 in exoneration of the pur- chaser of a new lease shall be credited against the rent falling due after thc first year under such new lease.

Notice.

72. No lease shall be offered for sale by auction pursuant to this part of this Act until the expiration of not less than four weeks after the Commissioner shall have caused notice of such auction to be published in the Government Gazette: Provided that any leases offered at auction and not sold may be re-offered by the Commissioner at any tirne thereafter, a t such reduced rent as he

Shilling8 per square mile.

shall think fit, but no such rcduced rent shall bc less than Fivc

(f)- Valuation qf Rents.

Pkiplesof

tion of rent.

73. In fixing rent by valuation, regard shall be had to the !

capacity of	the land for depasturing stock, its proximity and facilities	1
m---"-?-

ofappr&ch to rallway stations, ports, rivers, and towns, and other circumstances of situation affecting its value, and also, as to Class I. only, to the improvements thereon; but in no case shall a less annual rent be fixed than Two Shillings and Sixpence per square mile,

O ~ Y oertainbn&&fe mprovaments to be

74. No payment or valuation shall be made pursuant to this

___

---

paid for.

part of this Act in" respect of any improvements, nor shall any improvements be considered pursuant to this part of this Act, unless

1 _

_ 1-

" "

the

51" & 52' VICTORIW, No. 444.

The Crown Lands Act.-1888.

the Commissioner shall be satisfied that thk same were made bond

PART IV.

- W. ,-

fide for the p u i h m g tKe l d for pastoral purposes, or for increasing ihe carrying capacity thereof, and that the improve- ments will have such effect, and unless the same shall consist of wells, reservoirs, tanks, or dams of a permanent character, available for the use of cattle or sheep, and which increase the carrying capacity of the land leased, or df substantial buildings, fences, LutG and s h e a $ e r e c t e d " m e n c c, shearing, or other purposes usually

-.for,

or in connection with, keeping live stock; and in

ascertarnmg the amount to be paid for improvements f o r fencing, there shall be deducted the amount (if any) previously deducted or retained in respect of such fencing under any of the Crown IJands Acts.
75. No lessee shall be entitled to any payment in respect of any Notice ofimpmve-
improvements made after the fourteenth day of November, one ments.
thousand eight Ilundred and eighty-four, unless, before making such
improvements, he shall have given written notice to the Commis-
sioner, stating the nature and position and probable cost and date of
completion thereof: Provided that, where it shall not be con-
veniently practicable to give such notice prior to the making of such
improvements, the lessee shall nevertheless be entitled to payment
for such improvements if such notice shidl have been given with all
reasonable dispatch.

76. As regards pastoral leases, granted before the fourteenth LesseesbeforeAct321

of 1884 entitled to

day of November, one thousand eight lnmdred and eighty-four, the B,m,

for

payments in respect of improvements provided for by this part of improvements as	lessees under this Act,
this Act shall be in addition to any payments to which, under any of the Crown Lands Acts, :my lessee is or may become entitled; hut no lessee shall be entitled to more than one payment in respect of the same improvement.

All become entitled under this part of this Act shall be paid within six improvements.

payments

for

improvcments

to which any lessee shall T ~ o f o r p a ~ m e n t f o r

77.
months after the resumption of the land or the expiration of the lease entitling the lessee to payment, or if the lessee shall continue in possession of the leased land after the expiration of his lease, within six months after he shall have given up possession.

( h ) - Cmnpensntion for

loss of

Lease.

78. I n computing the compen~ation to be paid in any case for Certain increased

value not to be

loss or depreciation in the value of any leasc, no increased value.

mcluded.

given to such lease by reason of m y public works executed after

the granting of sucn lease shall be included or tt-tken into account.

79. The amount payable for compensation for loss of or depre- Time for payment of
ciation in the value of any lease shall be paid within six months compenEatiOn.
after the resumption occasioning the loss or depreciation.
24 51' & 52' VICTORILE, No. 444.
me Crown Lands Act,- 1888.

PART

IV.

(i)-Miscellaneous.

Improvements.

80. The expenditure of money on land held under pastoral

lease in improvements thcreon, or Boad $de and to the satisfaction of the Commissioner for the purpose of improving or increasing thc carrying capacity of the land, shall, according to the amount expended, totally or partially discharge the lessee from the covenant with reference to stocking; and expenditure to the amount of Thirty Shillings per square mile made before the end of the third year of the term, and to the value of Three Pounds per square mile made before the end of the seventh year of the term, shall totally discharge the lessee from the covenant in reference to stocking; and expenditure of a lesser amount made before sud~ times shall proportionately discharge the lessee from such covenant.

General terme of

81, Xvery pastora.1 lcasc of pastoral lands which shall hereafter

leases,	be granted shall be executed in triplicate by the lessee, and shall
contain such exceptions, reservations, covenants, terms, and conrli- tions necessary or proper for giving effect to the provisions and purposes of this Act or not inconsistent therewith, as the Governor. may see fit to require.

Po~ertoonhr

leased

lands.	82. Tbe Commissioner, or any perso11 authorised by him, may at any time enter upon any pastoral lands for the purpose of survey- ing or inspecting the same, or making any valuation, or for any other purpose which the Commissioner may deem convenient or desirable for the purpose of giving effect to any of the Crown Lands Acts.
Annual leases and

commonage licences,

83. I t shall be lawful for the Commissioner to grant annual

leases of Crown 1:t.nds included in any hundred, and also com- monage licences for the clepast~ririg of cattle or sheep on such crown lands; and such annual leases and commonage licences shall be granted upon such terms aircl conditions as mnv be prescribed by the regulations: Provided that, whcnrvrr any k d s inclodcd in any pastoral lt'ase shall havc been resumed for the purpose of being

shall have a prcfcrential claim b an annun1 lease thereof, during	included in any hundred, the former pastom1 lessce of such lands
such time as the term of years granted by such pastoral lease shall be unexpired; but every annual lease shall be subject to the rights of commonage of owners of land within such hundred and of persons holding land within such hundred under agreement for purchasc from the Crown.

Old lessee8 in Claaa 11.

to make same returns

84. Every lessee of pastoral lands in Class I I. held under ally

nshsrctufore. Act in force bcforc the seventeenth day of November, one thdusand eight hundred and eighty-sis, or in his absence then the oversecr or other person having the care and management of such lands, shall until the termination of the present lease of such lands, make ancl deliver the like statements or returns of sheep and cattle as were at that time required by law to be made and delivered, and all persons now liablc to make any payments in respect of any cattle or sheep included in any sucb statement or return shall make the same pay-

ment s
The Gown Eands Act.-1888.

ments in respect thereof as are now required by law to be paid by	PART IT*.
Ihem respectively, and all breaches of the duty to make and deliver such returns may be punished, and all such payments may be enforced in the like manner as if this Act and the Acts hereby repealed had not been passed.

every pastoral lessee of pastoral lands in Classcs I. and II., whose stock.

85, Every pastoral lessee of pastoral lands in Class m,, and etu urn soft ravelling

lease shall have been granted on or since the seventeenth day of November, one thousand eight hundred and eighty-six, or shall be hereafter granted, or in the absence of any such lessee, then the overseer or other person having the care and manage- ment of such lands, shall, within twenty-one days from the first days of February, April, June, August, October, and December, respectively in each year, fill up and forward to the Comrniswioncr, through the medium of the General Post Office, a statement or return in the form of Schedule A hereto, of the number of all sheep and cattle (if any) not being the property of such lessee, which at any time during the previous two months were actually upon or depas- turing on the pastoral lands included in his lease; and such return shall also give the names and addresses of the owners, and of the persons in charge, of such sheep and cattle, so far as the same can be ascertained: And such return shall be made in all cases, notwith- standing that no shccp or cattlc were actually upon or depasturing on such lands as aforesaid.

86. In cases where contiguous lands are included in more Onemtwnforcon-

tiguoua landr.

pastoral leases than one, and are occupied or used together as one run, the statements or returns by this part of this Act required may be made in the same manner as if the whole of such lands were
i cluded in one lease.
f&e

by the lessee, overseer, or other person making the same, and shall

87. Every statement or return under section 85 shall be signed 52:

be certified by him to be correct in all particulars; and if any lessee,	overseer, or other person shall refuse or neglect to make and deliver
any such statement or return, or shall wilfully make, sign, deliver, or forward any false statement or return, or shall make or practise any fraudulent contrivance or device whatever, with intent thereby to conceal or misrepresent the number of sheep or cattle, not belonging to such lessee, actually upon or depasturing on any pastmal lands at the respective dates mentioned in such statement or return, such lcssec, overseer, or other person so offending shall, for every such offence, forfeit and pay a sum of not more than Fifty Pounds, or in default of payment may be imprisoned in any gaol in the said provincc for a period of' not more than six months. And it shall be lawful for the Commissioner, or any person acting under his authority,
to enter upon any lands belonging to the Crown, whether leased or
not, and count the sheep and cattle not beionging to the lessee or other person directed to make a return as aforesaid, and for such purpose it shall be lawful for any person acting under the authority

D-444.

51" & 52" VICTORIE, No. 444.
The Crowvt Lands Act. -1888.
of the ~omrnissibner to place such sheep or cattle in yards or paddocks or take such other measures as he may think fit for the purpose of counting such sheep and cattle with greater facility.

Owners of travelling

stock to pay fees.

88. The Commissioner shall forthwith forward a copy of the

returns made in pursuance of section 84 of this Act to the owners (if ascertained) or to the persons in charge of the sheep or cattle therc- in mentioned, and if such owner shall not be the holder of a pastoral lease, or if the owner cannot be ascertained, the Commissioner may,
by writing under his hand, authorise any police trocper, Crown lands
ranger, or other person as to him may seem expedient, after showing his authority, to demand from such owner, or the person in charge of such sheep or cattle, a sum equivalent to One Penny for every head of sheep, and Sixpence for evcry head of cattle includcd in any such return, and therein stated to belong to such owner or to be in charge of such person: Provided that the number of sheep or cattle respectively in respect to which such sum is claimed, and the brands or other marks by which the same are dhtinguishable, shall, so far as practicable, be specified in such authority; and such owner or person in charge as aforesaid shall be liable to pay the amount so demanded; and if he shall neglect or ~cfusc
for twenty-four hours after such demand to pay the amount so demanded, such police trooper, Crown lands ranger, or other person as aforesaid, may seize and detain such sheep or cattle whcrcver found; and if payment of such amount, together with the cost of seizing, detaining, and maintaining such sheep or cattle, is further delayed for the space of five days, such sheep and cattle shall, so soon as convenient thereafter, be sold by private contract or public auction, for the best prices that can reasonably be obtained for the same; and the proceeds shall be applied, in payment of all expenses in connection with such seizure and sale, and of the amount mentioned in such authority as due in rcspect of such sheep or cattle; and the balance (if any) shall be paid over to the owner, or person in chargc of such sheep or cattle: Provided that no greater number of such slicep or cattle shall be sold than may be reasonably considered

necessary for the payments aforesaid.

Authority signed by Commissioner suffi- cient to warrant

89. Any document or instrument signed by the Commissioner

seizure, &c.	authorising any police trooper, Crown lands ranger, or other person to make any demand as aforesaid shall be a sufficient authority to the person therein named and his assistants fbr seizing and selling any sheep or cattle therein mentioned in case default shall be made by the owner or person in charge in paying thc amount demanded as provided by the last preceding section.
Owner of stock
liable to payment to

lessees in certain

90. The owner or person in charge of any sheep or cattle

W888,	which shall be on any land included in any pastoral lease without the consent of the pastoral lessee thereof, or the overseer or other person in charge of such land on behalf of such lessee, shall, for every day or part of a day that such sheep or cattle shall be upon such land, be liable to pay to such pastoral lessee, overseer, or other
person as aforesaid, the sum of Sixpence for every one hundred

sheep
51" & 52' VICTORIW, No. 444.
The Crown Lands A c t. 1 8 8 8.

sheep, or part of one hundred sheep, and Sixpence for every twenty	l. )~ar	~ v.
or part of twenty head of cattle, which niay be upon such lsnd as
aforesaid; and in default of payment on demand by any person
entitled to receivc payment as aforesaid it shall be lawful for such
pastoral lessee, overseer, or other person as aforesaid, to seize and
detain such sheep or cattle, whether the same shall be upon such
land or not; and if payment of the amount due, together with pay-

ment at the same rate for such period as such sheep or cattle may

be so dehined, is not made during the space of five days, such sheep or cattle may, so soon as conveniently may be thereafter, be sold by private contract or public auction for the best price that can reasonably be obtained for the same, and the proceeds of such sale shall be applied in payment of all expenses in connection with such seizure and sale, and of the amount so due to such pastoral lessee, overseer, or other person as aforesaid, and the balance (if any) shall be paid to the owner or person in chargc of such shccp or cattle: Provided that no greater number of such sheep or cattle shall be sold than may be reasonably considered necessary for the payments aforesaid: Provided also that nothing herein contained shall be construed to affect or in any way alter the provisions of

section 3 of the

Scab Act, 1863."

The Governor may, in any case whcrr he thinks it expedient, accept a surrender of any lands comprised in any pastoral lease, if 8u~enderofpaatoral

may scc,,,pt

91.
such lands shdl be contiguous to other lands resumed by thc leaeea without notice.
Government, or held by the same lcsscc under mother pastoral lease expiring at or about the time of the acceptance of such surrender, and niay thereupon resume possession of the land so surrendered: Provided that this section shall not apply to any lease which by effluxion of time would expirc after the thirty-first day of December, one thousand eight hundred and nine ty-three.

92. In any such case the pastoral lessee shall be entitled to P aymen ari

mprovea

receive the same payment for improvements as he would have been ments on such aur-

entitled to if the lease so surrendered had at the time of iurrender render.

expired by effluxion of time: Provided that no payment for improvements shall be made until the land comprised in such surrendered lease be either let or sold, or the surrendered lease would have expired by effluxion of time, but the valuation shall be made so soon as practicable after such surrender.
93, No person whose pastoral lease shall havc been forfeited shall Diarrbility of lessee

again become the lessee, or become the underlessee, assignee of the "Lfferhg	fo*eitm.
lease, or occupier of the whole or any part of the land comprised in such forfeited lease; and every dealing or transaction in contraven- tion of this provision shall be absolutely void, and shall render thc lease of the lands thereby intended to be affected liable to fodeiture.

PART V.

Paar v.

LEASES AND LICENCES FOR MINING PURPOSES.
94. Leases of mineral lands may be granted for mineral purposes Lmmlma~begrmted

in	for mineral p w e s,

51" & 52" VICTORI&, No. 444.
The Crown L a d s Act.-18881

PART

in blocks not exceeding eighty acres to any person or company who shall first apply for the same. All applications for such leases shall be in the form, and shall be made and dealt with in the manner, prescribed by the regulations.

156. I t shall be lawful for any person authorised thereunto by Power to forcibly

lands, messuages or tenemerlts belonging to or vested in the Crown,	the Commissioner, to take possession on behalf of the Crown of all ~ ~ ~ ~ ~; P x; ~ $ ~
of which any person shall be in unauthorised possession or occupation, and forcibly to eject every person in possession or occupation of such lands, messuages, or tenements.

157. The Commissioner, notwithstanding the forfeiture of any Power to rescind

agreement or lease under any of the Crown Lands Acts, or C L The forfeitures.

Educational Lands Act, 1881 ," may, whenever he thinks it expedient so to do, rescind or annul such forfeiture, upon snch terms as he may think fit; and any such recisions and annulments heretofore made are hereby declared to be valid.
158. Whenever any agreement or lease ullder any of the Grown Commiaaioncr may

Lands Acts shall have become, or be liable to revocation, and in the W""?

f f " * e i t ~

certain canes..
opinion of the Commissioner a lesser penalty than revocation would meet the justice of thc case, the Commissioner may, from time to time, extend the period during which the purchas& or lessee may perform the conditions of his agreement or lease, for such time, and subject to such terms and conditions as he may think fit; the terms and conditions so imposed by the Commissioner shall be bind- ing upon the purchaser or lessee; and all transferees, mortgagees, assignees, and other persons claiming through or under him and the agreement or lease under which the land is held, shall thereafter be construed as if such terms and conditions were inserted therein.

F-444

159. The

51* & 52'

VICTORIAZ, No. 444.

The Crown Lands Act.--1888.

PART IX.

3.59. The Commissioner may at any time, and from time to time,

~ommisainner may in extend, or wholly or partially remit all or any of the covenants,
certain cases remit

conditions.

agreements, and conditions contained in any agreement or lease made or granted under any of the Crown Lands Acts in any case where

he is satisfied that by reason of any special circurnstanccs it would

be impossible to comply with or would inflict great hardship upon the purchaser or lessee to enforce such covenants, agreements, or conditions. A return of all such rcmissions, with the reasons there- for, shall be annually laid before Parliament within one month after

the opening of ~arllkment

for the dispatch of business.

Overdue moneys and

notices may be

160. Whenever in any of the Crown Lands Acts, or any of the

received.

Acts thereby repealed, or by any lease, agreement, or other instru- ment made pursuant to anv of such Acts, a time is fixed for the paymcnt of the purchase-mkwy of land, or for the paymcnt of rent or interest, or for giving any notice to the Commissioner, such Act or instrument shall be construed as if the Commissioner were vested with the power, in all cases where he considers it just and equitable to receive such purchase-money, rent, or interest, or to accept such.

notice after the time appointed upon such terms as he may think

fit, and the payment of any such moneys, or the giving of any such

notice, shall entitle the person paying or giving the same to the same rights as if such moneys had been paid, or notice given in duetime.

Power to mine under

roads and reserves.

161. All lands under the surface of any street, road, high way, or reserve, now or hereafter dedicated to or reserved for any public purpose, and the fee-simple whereof shall not have been alienated from the Crown, shall, for the purpose of mining, as well for gold and silver as for other metals and minerals, and fbr the purposes of all Acts relating to mining, be deemed to be mincral lands, and may

be dealt with accordingly, subject to any regulations for the time being in force for protecting the public user of such land in terrus

of the dedication or reservation, and for providing for protection to persons and property, and for securing to any person who, for thc

time being, sball have the right of mining on any property inter-

sected by or abutting on any such lands, not being a reserve, a

preferential right of mining in respect of the lands intersecting or abutting on such property: Provided that no licence shall be granted to mine on or under any street, road, or highway, unless the consent of the Municipality or District Council, within the control of which such is located, has first been obtained.

h d s

included in

mineral lease or

162. Whenever any lands belonging to or vcsted in the Crown

licenco or miscel-	(whether subject to a contract for purchase or to a lease or not),
laneous lease to
become excepted	shall be demised under a mincral lease, or whenever a specific
from lease.	mincral licence shall be granted in respect of any of such lands, or whenever any lands subject to a pastoral lease shall be demised under Part VI. of this Act, the term of the original lease in the lands so demieed for mineral or misoellaneous purposes, or subject to such mineral licence, shall at once cease and determine, and every such original lease shall thereafter be read and construed as if the land

so

51" & 52'

VICTORIA, No. 444.

The Crown

Lands

A c t. 1 8 8 8.

PART

IX.

so demised for other purposes or subject to such mineral licence had
been expressly excepted thereout.
163. The Governor may at any time, on the application in Giteaforpublicnnd

writing of the holder of an agreement or lease under any of the &

Crown Lands Acts, grant to any corporation, or to trustees, any of any. time.

the land comprised in such agreement or lease to be used as a site

for a school, church, chapel, institute, or hospital, or for any other

public or charitable purpose, not exceeding for any one of such

purposes two acres.

164. The Governor may at any time, in any case where any sites for blacksmiths'

such holder or lessee shall desire to use or transier any of his land ~	~	~	~	,	f	~	~	~	~	~
store, or post office, or for any other purpoic to be approved-by the
to be used aa a site for a blacksmith's shop, carpcntcr's shop, mill, at any time. grant to him or his nominee any portion of such land not exceeding, For any one of the aforesaid pGoses, half an acre: Provided that no such grant shall be made of any land situated within five miles of any town lands, and that the Governor may require such security to bggiven as he may think proper that the l&nd 50 granted will bk used for one of the purposes contemplated by this section.

165. Every holder or lessee desiring to avail himself of any of Purc~se-money

for

the provisions of

the last two preceding sectiorls shall, at or before such a im to be paid

on application.

making his application, pay to the Treasurer the purchase-money for the land for the grant of which the application is made, fixed (if the land is subject to a contract for a lease with a right of pur- chase) at the rate per acre at which he shall have agreed to purchase, or have the right to purchase, the land; or (in other cases) by valuation, in case of difference; and from and after every such grant the agreement or lease in which the land so granted is included shall be read arid construed as if such land had been ex-

pressly excepted from the operation of such agreement or lease.

166. Thc Commissioner may give permission to any person to Commiaai0nermay

erect gates on any road or way vested i n Her Majesty, and not g	ive power to erect
gates on roada and

being a main road nor within the limits of any District Council, and lea~ieroadsoutside

may let the right of depasturing on such road or way.

Any person District Councils.

injuring or dcstroying any such gate or opening, and not closing
the same, shall for each and every such offence be liable to a fine of Penalty for having

not more than Fifty Pounds, or to imprisonment, with or without	Open.
hard labor, for any period not exceeding six months.

167. From and after the coming into operation of this Act the Fenoingdct to apply.
provisions of the " Fencing Act, 1865," shall apply to all land under agreement and to all land leased under any of the Crown Lands ~ c t s (except lands which are or shall be heid under miscel- laneous lease far other than grazing or cultivation purposcs): And in the application of the said "Fencing Act, 1865," the word (<fence" therein shall mean any fence ordinarily sufficient or capable to resist the trespass of c.attle or sheep. 168. Any
The Crown Lands B c t. 1 8 8 8.
168. Any lessee (other than a mineral lesseej, under any of

Recovery of half cost	the Crown Lands Acts who shall have, since the ninth day of
of rabbit-proof fence.	December, one thousand eight hundred and eighty-seven, erected or shall hereafter erect a new rabbit-proof boundary fence, or shall have made, or shall make, an existing boundary fence rabbit- proof, shall be entitled to recover from the ovrTner or lessee of the land adjoining such boundary fence half the cost of such new fence, or of making such existing boundary fence rabbit-proof, so soon as the owner of the land adjoining shall avail himself of such rabbit- proof fence within ?he meaning of the '' Fencing Act, 1865 ": Provided that notice of intention to erect such new fence, in writing,
h-otice to be in
writing.	to such owncr or lessee at least one calendar month or to make such existing fence rabbit-proof, shall have been given before such fence shall have been erected or made rabbit-proof. For the pur-
" Boundary fence ''	poses of this section, boundary fence " shall mean any fence used
definition. Rabbit-proof "	or accepted by adjoining lessees or occupiers as a boundary line
between their respective holdings; " rabbit-proof " shall mean ordi-
definition.	narily capable of ~esisting the trespass of rabbits; and notices may be served either personally, or by being posted in any post office, addressed to the person for whom the same is intended, a t his last known or most usual place of address.

Mode	valuation of

rent.

169. Every valuation of rental under Part TV. of this Act slrall be made by some person to be appointed by the Governor, and the amount thereof shall be subject to approval by the Governor.

for

compensation.

170* All other valuations under this Act (except the re-valuations

of rent to be made by the Land Boards, as hereinbefore provided) shall be determined, in case of dispute, b; two arbitrators; of whom one shall be nominated by the Commissioner, and the other by the person or persons entitled to compensation or payment, or in case of the arbitrators not being able to agree, by an umpirc to be appointed by them before entering upon the consideration of the amount of com-

pensation or payment: Provided that in case either of the partics	entitled to nominate an arbitrator as aforesaid shall neglect to name
an arbitrator for the space of seven days next after a notice in writing so to do shall have been given him by the other party, or shall name an arbitrator who shall refuse or neglect to act, then the arbitrator named by the other party may make e final decision alone.

Leseee may surrender

171. I t shall bc lawful for any lessee under any of tile Crown

hin leasr.

Lands Acts to surrender his lease at any time during the currency thereof, and the Governor is hereby authorised to accept such sur- render in the name and on behalf of Her Majesty; and such sur- render shall be in the form, and shall be made and executed in the manner prescribed by the regulations.

New	leases may be

iesued.	172, When any lease shall have been so surrendered, it shall be lawful for the Governor, in the name and on behalf of the Crown, to grant a, lease or leases of the land comprised in such surrendered
lease to such person or persons as shall be nominated in that behalf

by

51" & 52'

VICTORIE, No. 444.

The Crown Lands Act.-1888.

by the lessee surrendering such lease; and every such new lease	PABT	lx.
shall be granted for the unexpired period of the term of, and for the same purposes, and subject to the same terms, conditions, and regulations, as the lease so surrendered.

173. All unbranded wild cattle above the age of twelve months Unbranded wild

which shall at any time be running or feeding on any Crown lands,	cathle belong to the
and which shall have no reputed or apparent owner, shall be the
property of the Crown; and it shall be lawful for the Commissioner
to cause the same to be sold and disposed of by public aaction, or by
tender, so that the objcct, time, and place of such auction, or the
time up to which such tender is to be made, shall be notified in the
Govarn.ment Gazette at least one month next preceding the time of

or for such auction or tender; and thc purchaser of such cattle, on	.
obtaining the writken authority of the Commissioner for that purpose, shall be at liberty within two months next after the date of such authority, or such further term as the Commissioner may, in writing, allow, with necessary and proper assistance, to take possession of such cattle, and for that purpose to enter upon the Crown lands where the same may be.

174. The execntors or administrators of any purchaser from the Personal repream-

purchase any lands from the Crown, may, with the consent of the purchase.

Crown on credit, or of any lessee from thc Crown having a right to ~ $ ~ ~ ~ ~ ~ ~ t g a @ the purchase thereof,

175. Should the plan heretofore or hereafter attached to any PIlna may be
lease of Crown lands be incorrect or defective, it shall be lawful. for cOl~ecbd.
the Commissioner, at the expense of the lessee, to prcpare a plan
corrcctcd according to the latest surveys, and to attach such
corrected plan to such lease; and ally plan so attached and signed
by the Commissioner shall form part of such lcase, and the descrip-

tion of thc parcels in such lease shall be taken to refer to such

corrected plan.

176. It shall be lawful for the Commissioner to charge any Feesmny be chrged.
person for anything done under or in pursuance of this Act such
reasonable fees as may be fixed by the regulations.
177. The Governor may, from time to time, make I-egulations Regulationamaybe
m&de.
for any of the purposes mentioned in or authorised by this Act, and the mode of dealing with, applications by the Land Boards under this Act; for the coustruction and preservation of boun- dary fences, and fencing of roads or tracks over anv of the lands demised undcr any of the Crown 1,ands Acts, and the erection of
for providing for all proceedings, valuations, grants, leases, licences,
and instruments under this Act ; for prescribing the mode of, and
the terms and conditions upon which, rights of surrender under this
gates or other means of entrance to or exit from such lands; for
the

51" & 52'

VICTORIE, No. 444.

The Crown Lands A c t. 1 8 8 8.
the destruction of vermin; for the execution of all other matters and things arising under and consistent with this Act, and not herein expressly provided for; and for fixing fees, and otherwise fully and effectually carrying out and giving force and effect to the various objects, purposes, powers, and authorities of this Act, and guarding against evasions and violations thereof; and may by such regulations impose penalties not exceeding for any one offence Twenty Pounds for any breach, evasion, or violation thereof; and may from time to time alter, rescind, vary, and amend such regulations or any of them, and make other regulations in lieu thereof for more fully and effectually carrying out and giving effect to this Act. Any such regulations may be made to apply generally to the province, or to any particular part or parts thereof only, and in respect of holdings, claims, leases, licences, or other matters or things of every class, or of any particular class or ciasses only.

Regulations to be laid

178, Every regulation made by the Governor under the authority

before Parliament.

of this Act shall, when published in the Government Gazette, have the force of law; but every such regulation shall be laid before Parliament within fourteen days after the publication thereof, if Parliament be then sitting, and if Parliament be not then sitting within fourteen days from its next sitting for the dispatch of business.

PART X.
LEGAL PROCEDURE, TRESPASSES, AND PENALTIES.

C r o ~ n

lands rangers.

179, The Commissioner may appoint a sufficient number of

persons to be Crown lands rangers; and every such Crown lands ranger shall, during his continuance in office, do, on behalf of the Crown, and on behalf of the Commissioner, in respect of any

possession of any such lands in case of forfeiture, and for such other

intrusion, encroachment, and trespass on such lands, and for taking lands belonging to or vested in the Crown, all Acts for preventing

purposes as the Commissioner may direct.

Crown

lands ranger

180.

I t shall be lawful for every Crown lands ranger, appointed

may make claim or

entry.

as aforesaid, to give any notice, make any claim or demand, and make, or depute or authorise any other person to make, any entry which shall be requisite or expedient to be given or made by or on behalf of the Crown; and every such notice, claim, or demand which shall be given or made in writing under the hand of any Crown lands ranger, and every such entry which shall be made by any such Crown lands ranger, or any person so deputed or authorised to make the same as aforesaid, shall be good, valid, and effectual, to all intents and purposes whatsoever, and shall have such and the like force and effect to all intents and purposes as if the same were respectively given or made by the Crown.

51" & 52' VICTORIE, No. 444.
The G o w n Lands Act-1888.

181. If any cattle or sheep shall be found unlawfully trespassing upon any Crown lands, or lands reserved for or dedicated to the Power toimpound

PART X.

phblic use, it shall be lawful for any Crown lands ranger, or aay to destmy

cattle trespassing, and

uerson authorised bv him. or for anv person authorised bv the Com- kissioner in that behalf, hither or in that part(cular case, to impound the cattle or sheep so trespassing to be dealt with according to law. And all pigs trespassing on any Crown lands, or reserved or dedicated lands, may be destroyed by any Crown lands ranger, or by any person authorised by any Crown lands ranger, without compensation to the owner.

of his office, and for any other person authorised in that; behalf in with travelling stook.

182. It shall be lawful for any Crown lands ranger, by virtue Ponaltyfordelaying

writing by the Commissioner, to lay an information against the owner or person in charge of any cattle or sheep found upon any Crown lands, or dedicated or reserved lands, and not bond Jide travelling either to the station of the owner or to market, or which, being bond j d e travelling, shall not travel at least a distance of five miles a day in a direct line. And every such owner or person in charge shall be liable to a penalty of Two Shillings per head for every head of cattle, and One Pound for every hundred shecp or part of every hundred sheep, so found upon any such lands; and upon the hearing of every such information the onus of' proving that such cattle or sheep were so bond f ide travelling shall be upon the owner or person in charge of such cattle or sheep.
183. Whosoever shall depasture any cattle or sheep, goats, Penaltpfor ~fnlaw-
or pigs, upon any Crown lands, or reserved or dedicated lands, 'UUydepa8tBt"ng.
or any lands vested in the Commissioner of Educational Lands
without having obtained a valid licence or other lawful authority
in that behalf, or shall depasture on any such lands a greater
number of cattle or sheep than shall Fe authorised by such licence
or authority, shall forfeit and pay, on conviction, the following

penalties, that is to say-For Five Pounds; for the second offence, a sum not less than Five the first offence, a sum not exceeding

Pounds nor more than Ten Pounds; and for the third and every

subsequent offence, a sum not less than Twenty Pounds nor more than One Hundred Pounds; and, in addition thereto, for each offence, the mm of Threepence per head for every head of sheep, goats, or pigs, and One Shilling and Sixpence for every head of cattle, so unlawfully depastured.

184. Any person who shall unlawfully occupy any lands belong ~ e d t y

for UYI-

ing to or vested in the Crown, either by residing or by erecting any of cmm

authorised ocaupatiun

building or hut thereon, or by clearing, enclosing, or cultivating any part thereof, or who shall knowingly make any false statement with- regard to commonage in hundr<di, shall be -liable, on convic- tion thereof to the penalties following, that is to say-For the first offence, a sum not exceeding Ten Pounds; for the second offence, a sum not less than Ten Pounds nor more that Twenty Pounds; for the third or any subsequent offence, a sum not less than Twenty

Pounds

5 1 O & 52'

VICTORIE, No. 444.

The Crtno~z Lands Act.-1888.
Pounds nor more than Fifty Pounds: Provided always that no information shall be laid for any second or subsequent offence until the expiration of fourteen clear days from thc date of the previous conviction.

Penalty for inj wing

or removing timber,

185. Any person who shall injure, fell, bark, or destroy any

&C., without licence.

tree or sapling growing on any Crown lands, or lands leased or reserved under any of the Crown Lands Acts, or shall cut, saw, remove, or sell any timber lying or being on any such land, with- out s valid licence or other lawful authority in that behalf, except for making the iniprovernent on the leased land, and any person who shall unlawfully remove and take away, or sever, excavate, quarry, or dig for, with intent to remove and take awny, any metal, or ore containing metal, or any stone, sand, gravel, or other material from any such lands, without a valid licence or other lamrf'nl authority in that behalf, shall, on conviction for every such offence, forfeit and pay, in addition to the value of the tree, sapling, timber, metal, or other material, ,z penalty of not less than Two Pounds nor more than Five Pounds or to be imprisoned with or without hard labor for any period not exceeding two months; it shall be lawful for any Crown lands ranger, or any person authorised by him, or for any police constable to apprehend any person found committing any offence against this section, and forthwith to take such pmson bcforc any Justice of the Peace to be dealt with according to law.

Penalty for injuring	186, Whosoever shall wilfully deface, injure, destroy, or, with-
or ramoring land-

marks.

out the leave of the Surveyor-General, or sbme'person authorised

to grant such leave, remove, destroy, or obliterate any sur~ey-picket

or other landmark, placed, erected, or being on any lands belonging

to or vested in the Crown, shall, on conviction for every such offencc,

forfeit and pay a penalty of not less than Ten Pounds and not more

than Fifty Pounds.

Penalty for	187, Whosoever shall, by casting or placing timber, stones,
obstruction of roads

and ways.

rubbish, or materials, or by uny other means, except by gates approved by the Commissioner, wilfully stop, obstruct, or injure any public or reserved road or way vested in the Crown, and not being a main road nor within the limits of any District Council, so as to prevent, hinder, or interrupt the free passage of any carriage, or of Her Majesty's subjects, on any such road or way, shall, on con- vktion, for every such offence, forfeit and pay a penalty of not less than Two Pounds nor more than Ten Pounds, over and abovc the expense of removal; and i t shall be lawful for any Crown lands ranger, or any person whom he may, by writing under his hand, appoint in that behalf, without any warrant, forthwith summarily to remove and prevent every such obstruction, at the cost of t.he party causing the same, to be recovered summarily, as hereinafter provided.

Penalty on obstruct-

188. Any person who shall wilfully obstruct or hinder any

ing aut~~oriaed

pemn member of a Land Board, or any Crown lands ranger, or any

fmm carrying out

powers.

other

1 & 5 2 O VICTORIS, No. 444.

The Crown Lands

A c t. 1 8 8 8.

other person authorised by this Act to exercise any right or power,	PABT X,
from exercising such right or power, shall be guilty of a rnisde- meanor, and, on conviction thereof, shall be liable to a penalty not exceeding Fifty Pounds, or to be imprisoned, with or without hard labor, for any period not exceeding six months.

189, Whosoever shall forge, counterfeit, or alter, or shall utter, For ery and uttering,

.or make use of, knowing the same to be forged, counterfeited, or	a fe ony.	?
altered, any lease, grant proclamation, licence, or other document, purporting to be a grant, proclamation, lease, or licence, or other document authorised to be made, issued, or granted under this Act, or any authority from the Crown, or the Governor, or the Commis- sioner, or any person acting on behalf of the Crown, to occupy or relating to any Crown lands shall be guilty of a felony, and, behg convicted thereof, shall be liable to be imprisoned, with or without hard labor, for any term not exceeding eight years.

be had and taken, and all penalties, fines, forfeitures, and sums of penalties.

190, All proceedings under any of the Crown Lands Acts may Recovorr of

money incurred or imposed or payable under any of such Acts may be sued for and recovered at the suit of the Commissioner or any Crown lands ranger, or such other officer as the Commissioner from time to time may in that behalf appoint.
191. I n any action, suit, or proceeding under any of the Crown Oausprokndi.
Lands Acts, the avermcnt that any lands are Crown lands, dedicated lands, reserved lands, or lands belonging to or vested in the Crown, or that any person is a Crown lands ranger, or other person authorised to take any proceedings, or perform any duty, or sue for the recovery of any penalties, or other moneys under any of such Acts, shall be sufficient without proof of such fact, unless the defendant prove the contrary; and if any question shall arise whether the defendant was authorised to do the act complained of,

the proof thereof shall lie upon such defendant; and all licences,	certificates, maps, plans, and office copies, purporting to be certified
as true under the hand of the Surveyor-General of the province, or of any officer of his department, shall, in all matters relating to such action, suit, or proceeding, be sufficient evidence without pro- duction of original records, and without the personal attendance of such officers, or proof of their signatures.

192, All proceedings for the recovery of

any pecuniary penalty S u m w r y procedure.

imposed by any of the Crown Lands Acts, for any omission, default, act, or offence shall be had and taken, and may be heard and deter- mined in a summary way, by any Special Magistrate or two Justices of the Peace of the said province, under the provisions of Act No, 6 of 185r?, or of any other Act fur the time being in force relating to the duties of Justices of the Peace with respect to summary con- victions and orders, and all convictions and orders may be enforced as in such Act is or shall be provided; and the Special Magistrate or Justices of the Peacc may also, in case any penalty is imposed,

6-444

order

51" & 5 2 O VICTOKIX, No.

444.

The Crown

Lands

A c t. 1 8 8 8.

PART X.

order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.

Appeal.

193, There shall be an appeal from any conviction by any

Special Magistrate or Justices for any offence agninst any of the Crown Lands Acts, or from any order dismissing any information or complaint, which appeal shall be to the Local Court of Fu l l Jurisdic- tion nearest to the place where such conviction or order was made, or to the Local Court of Adelaide of Full Jurisdiction; and the pro- cecdings on such appeal shall be condwted in manner povided for appeals to Local Courts by the said Act, No. 6 of 1850, or any Act for the time being in forcc regulating such appeals; and the Local Court hearing such appeal may make such order as to the payment of the costs of appeal as it shnll think fit, although such costs may exceed Ten Pounds.
Local .Court may

atate special case.

194. The Local Court, upon the hearing of any appeal, may

state one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shnll hear and decide such special case or cascs according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to
the costs of any special case as to the said Court shall appear just; and the Local Court shall make an order in respect to the matters
referred to the Supreme Court, in confbrmity with the certificatc of the said Supreme Court, or of any Judge thereof, which order of the said Local Court shall be enforced in manner provided for the enforcement of orders of Justices under the said Act, No. 6 of
1850, or under any other Act relating to the duties of Justices of
the Peace.

Dispomlof penalties.

195. All moneys received for penalties imposed for offenccs

against any of the Crown Lands Acts shall be paid to the Treasurer for the public usc of the province and in support of the Government

thereof.

Treasurer

order

costs to be paid.

196. I t shdl be lawful for the Treasurer to pay, or cause to be

paid, out of the Public Treasury of the province, the costs or charges of any action or proceeding which shall or may be brought by or against anv Justice of the Peace, Crown lands rangcr, conitable, or other acting under the authority arid in the execution of this Act.
Protection to ~ersom

acting in execution

197. A11 actions for anything done under this Act shall be corn-

of thia A C ~.	menced within six months after the cause of action shall have arisen, and not afterwards; and notice in writing of such action,
and the cause thereof, shall be given to the defendant one montn
at least before the commencement of the action; and in every such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to bc had thereupon; and no plaintiff shall recover in any such action if tender of s u s -

cient

51" &. 52' VICTORIE, No. 444.

51.

The G o w n Lands

A c t. 1 8 8 8.

cient amends shall haw been made before action brought, or if a	PART X.
sufficient sum of money shall have been paid into Court by or on behalf of the defendant after action brought, together with the costs incurred up to that time.

198. The production of the Government Gazette, in which shall Gazette tobe evidence.
be published any proclamation, regulation, notice, appointment, or other notification made or given or purporting to be made or given under any of the Crown Lands Acts, shall be deemed and taken to
be prirnci facie evidence in all Courts and before all Justices that such
proclamation, regnlation, notice, appointment, or notification was
duly made or given, and is of full forcc and cffcct.

199. This Act shall not apply to the Northern Territory.	Act not to apply to
Korthern Territory.

200. This Act shall come into operation on a day to be fixed Commencementof

Act.

by Proclamation in the Government Gazette.
I n the name and on behalf of Her Majesty, I hereby assent
this Bill.
WM. C. F. ROBINSON, Governor.

SCHEDULES

- --

p--

The Crown Larzds Act.-l 888.
SCHEDULES REFERRED TO.
SCHEDULE A.

Section 87.

A Return o f all Sheep and Cattle which, otz I h e j v s t day o f

were IraveZliug over the Pastoral lands included i n Lease N o.
- -p

Number of

Name of

Flonl rhence I

Sheep and

Name of 0wne1

Person in

tral elling

Cattle

(if known).

travelling.

Charge.

(if known). I (if

Sheep ..................
--

----P--

Cattle ...................

. p

I, A. B., of

. in the I'rovincc of South Australia. the lessee (or

overseer, or manager for A. U,, the lessee, as the case may be) of the pastoral lands included in Lease No., do hereby certify and declare that, to the best of my knowlcdgc and belief, the above is a, true and correct return in all particulars of thc total number of shcey and cattle, not bcing my property ($return made by over-

seer, say uot being the property of the said > 9

which, on the first day of 18, were actually upon. travelling

over, or dcpasturing on the lands corxlprised in such leasc (if there arc more leases

than one and the lands are co~ztigzcous alter the fornt accordilzyly nnd add, I further

declare that the lands comprised in the leases above referred to are contiguous.)

Signed this

day of

, b y m e,

A. B.
Witness-
SCHEDULE B.

Sections 63 und 72.

P a ~ t o r a l

lands iu Class I. which m a y be resumed olz our year's nobke.

Pastoral Leases 1513, 1 5 2 9 ~,

1 5 2 9 ~ ~

1685,1742, part of

1744, 2033, 2037, 2 0 3 7 ~,

1645, 1 6 4 5 ~,

1646, 1655, 1658, 1661, S G G ~ A, 1670, 1696, and 1605.

Section 100.

.Form o f Return u~icler Minerul Lease.

To the Cornmissioncr of Crown Lands.

Sir-I,

A. B., of

, being the lesscc ( o r the person haring the

management) of those portions of the mineral lands comprised iu mineral lease (or leases) numbered (g so respectively), do hereby certify

that 2

is the true and correct amount of (or that there has been no)

realised profit from the said lands for the six months ending

, 18

Dated the

day of

18 .

Witness -

A. B.

No.

The

Crown Lands

A c t. 1 8 8 8.

SCHEDULE D.
Lands within which re?zts may be reduced.

All Crown lands within the following boundaries :-Commencing

a t thc north-west

Section 42.

corner of the hundred of Xenara; thence east along the north boundary of said hundrcd to its north-east corner; thence north along the west boundaries of the hundreds of Young, Grey, Monbulla, and liillanoola to the south-west corner of the hundred of Robertson; thence westerly to the south-cast corner of the hundrcd of Joyce, and north-north-westerly to its north-eastern 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 cornmenccment. Excepting such of the sdid Crown lands nr shall for the time being be subject to the provisions of Act 340 of 1885.

2. Lands for which noticc of resumption has been served within an average of t\venty ndes of the east boundaries of the hundreds of King, Rees, Tomkinsou, ICetchowla, Hardy, Nacknra, and Yaratoo; within twenty miles of the east boundary of the liuniired of Waroonee; within ten miles of the north boundaries of thc hundreds of Waroonee, Minburra, and part of Ydpara; within eleven and one-half milcs of the west boundary of the hundred of Woolyaua; within uine rnilcs of the west boundary of the hundred of Barndioota; within nine miles of the north boundary of the hundred of Forrest; and lands lying to the east of the hundred of Forrest for an average width of ten i d e s and extending northwards from the north boundary of the hundred of Rounsevell to the County boundary of Robinson.

3. Lands seven miles on each side of the line of railway from the Murray Bridge to thc cast boundary of thc provincc.

L -

--.p

- - - P--

- -

- ..

- - -

p--

Adelaide: By uuthoritg, H. P, LEADER,

Government Printer, North-terrace.