Crown Lands Act 1889 (SA)

ANNO QUINQUAGESIMO SECIJNDO ET QUINQUA-

GESIMO TER'L'IO

VICTORIZ REGINB.

A.D. 1889.

No. 472.

An Act to amend "The Crown Lands Act, 1888," and

for other purposes.

[Assented to, Decem6er 6th, 1889.1

HERE AS it is expedient to amend " The Crown Lands Act, Preamble

therefore Enacted by the Governor of the Province of South Aus-	W 1888," and to make provision for other purposes-Be i t
tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

PART I.

PRELIMINARY.

This Act may be cited for all purposes as "The Crown Lands Amendment Act, 1889."

1.

following subject-matters :-	2. This Act shall be divided into four parts relating to the gZdAotht0
PART I, Preliminary, sections l ta 3:
PART 11. Provisions relating to Surrender of Existing Agree-

ments, and Leases in Exchange for Leases under Part 11. of The Crown Lands Act, 1888," sections

4 t o r:

PART m. Provisions as to Erection of Rabbit-proof Baundary

Fences; sections 8 to 20:

PART IV. Miscellaneous, sections 21 to 44. 3. I n

5z0 & 53' VICTORIE, No. 472.

The Crown Lands dmendment Act.-1889.

PART I. 3. In the construction of this Act the term lands reserved for

Interpretation. leasing " shall mean all lands vested in the Crown situated within the boundaries described in the Schedule hereto (excepting such of the said lands as shall for the time being be subjeit to <he Govisions of Act No. 340 of 1885); and thc term 'the principal Act " shall C mean '(The Crown Lands Act, 1888."

PART XI. PART 11.

PROVISIONS RELATING TO SURRENDER OF EXIST-

ING AGREEMENTS AND LEASES I N EXCHANGE

FOR LEASES UNDER PART 11. OF "THE CROWN

LANDS ACT, 1888."

Repeal of seotior 41	4,	Section 4 1 of the principal Act is hereby repealed.
of principal Act.

Rent, how charged. 5, The rent fixcd under section 40 of thc principal Act shall be

charged as from the expiration of the third year from the date of the original agreement or lease; but the person obtaining the lease

in exchange shall be credited wit4h the following amounts :-

Moneyn paid, how

credited.	I. As to lands now or originally held under agreement for pur- chase-If the person surrendering shall have elected to take a perpetual lease, he shall bc credited as against the rent payable under thc new lease with the whole amount paid to the Crown for or in respect of the purchase-money, or purchase-money and rent, for such lands except the first deposit of ten per centum. If the person surrendering shall have elected to take a leasc with a right of purchase, he shall in like manner be credited as against rent with the amount so paid as aforesaid (except the first deposit of ten per centum), nnd in the event of his cxercisiiig his right of purchase before the amount so credited shall have been exhausted, he shall be credited with the balance then remaining unappropriated as against the purchase-money	for such lands: Provided that in either case such credit
shall not cover more than twenty years' rental of such
land, according to the rate fixed by the Land Board.

i r. As to the other lands surrendered-The person surrendering

shall be credited as against rent, or as against rent and purchase-money (as the case may require), with all money paid to the Crown as shall be ia excess of ten per centum on the amount at which he was originally entitled to pur- chase the land: Provided that no such credit shall be given unless all moneys payable for the lands held by such person in respect of the first three years' occupation of such lands shall have been previously paid; nor shall any such credit be given contrary to the terms of the proviso to subsection I.

Reduotion of 6. Any person holding land under agreement with the right of

purchase-money

purchase, selected before

The Crown Lands Act;, 1888,'' came into

operation,

52' & 53' VICTORIE, No. 472.

me Crow~z Lands Amendment Act.-1889.

operation, may, within twelve months from the passing of this Act and in manner provided by regulations, apply to the Commissioner to reduce the price which he has agreed to pay, who shall submit such application to the Land Board for the district, and, on their recommendation, may reduce the purchase-money; but in all other respects the agreement shall remain in force, and any previous pay- ments on account of purchase-money shall remain to tzhe credit of such person,

7. The crediting of any moneys as aforesaid shall not in any case confer any personal right or claim to such moneys, and the

to confer no personal

Crediting of moneys

right.

sums so credited shall be applied only as against rent and purchase-

money, or rent (as the case may require), as hereillbefore provided.

PART 111.

PROVISIONS AS TO ERECTION O F EABRIT-PROOF

BOUNDARY FENCES.

8, Any District Council whose boundaries, or any of them,	apply for loan to erect
District Council may

either wholly or in part, abut upon Crown lands, may make appli-	rabbit-proof fence.
cation to thc Commissioner for a loan for the purpose of erecting or assisting to ercct a rabbit-proof fence on the line dividing any lands in such di S trict from the adjoining Crown lands, or any line agreed upon between such District Council and the Commissioner in substitution of any such dividing line.
Q, ' h e Commissioner may grant such loan to such District Council out of any funds provided by Parliament for such purpose.	Loan may bo
granted.

10. All loans so granted as aforesaid shall be expended by the	to Commissioner's
Loans to be expended

District Council, to the satisfaction of the Commissioner, in the	satisfaction.
erection of the fence for which the loan is granted.

I n cases where no application for a loan is made by a District Council under this part of this Act, the Commissioner may erect any

Commissioner may

himself erect fence.

such rabbit-proof fence, on such portions of the boundary line of any

District Council as shall abut on any Crown lands.

11.

12. The amount of the loan so granted to any District Council,	Amount of loan or
expenditure to be a

or the amount expended by the Commissioner under this part of

debt by Council

this Act, shall be a debt due by such District Council to the Com- missioner, and shsll be repaid by such Council by ten annual equal amounts, without interest, to the Commissioner; the first annual payment to become due and payable at the expiration of twelve months from the date when such loan was granted, or expenditure incurred, as the case may be: such annual payments shall be a charge upon the annual rates of such District Ceuncil.

13, A certificate under the hand of the Commissioner of the	advanced or expended.
Evidence of amount

amount of any loan granted to any District Council, or of the amount

expended

52' & 53' VICTORIW, No. 472.

The Crown Lands Amendment Act.-1 889.

-

Pmc rrr* expended on behalf of such Council, under this part of this Act, shall be conclusive evidence of the amount of such loan or expen- diture.

Procmdingaindefault

in payment. 14. Upon default being made by the Council in the payment of

any annual amount to the Commissioner, he shall have all the rights

of n creditor of the Council holding unpaid debentures, under Part

x11. of The District Councils Act, 1887."

Regulations. 15. The Governor may from time to time make regulations for

any of the purposes of this part of this Act, and for providing for the nature of the rabbit-proof fences to be erected. the mode of application for loans, the nature and form of securith to be given by District Councils for loans or amounts expended on their behalf, and generally for carrying this past of this Act into effcct.

Interpretation of 16, For the purposes of "The Rabbit Suppression Act, 1879," the

authorised person." expression authorised person," in addition to the meaning assigned

to it by the said Act, as regards anything to be done within the boundaries of any District Council, shall mean any person autho-

rised in writing by any District Council, and all persons acting

under him."

Penalty for non-

compliance with	17, If, within twenty-eight days after the service of notice from any authorised person on any owner or occupier of any land, whether freehold or leasehold, given pursuant to section 10 of '' The Rabbit Suppression Act, 1879;' such owner or occupier shall not commence to do everything required by such notice for the purpose of destroy- ing the rabbits on the land mentioned in such notice, or, having so commenccd, shall not continue to do everything required as afore- said until all such rabbits are destroved, such owner or occupier shall, for a first offence under this sechon, be liable to a penalty of not less than Two Pounds nor more than Ten Pounds, and for the second and every subsequent offence under this section shall be
notice.
liable to a penalty of not; less than Ten Pounds nor more than Fifty Pounds.

who may erect 18, The Commissioner of Crown Lands, or any District Council,

rabbit-proof fence. or any person authorised in writing by the Commissioner of Crown Lands or by any District Council, may erect a rabbit-proof fence across any road or roads specified in such authority: Provided always that there shall be a gate of a width of at least ten feet in any such fence.

Penalty for destroy-	19. Any person who shall wilfully and unlawfully destroy or
ing or injuring

fence : Penalty for	injure any rabbit-proof fence, or any part thereof, shall, on conviction
leaving open gate,	thereof, be liable to a penalty not exceeding Twenty Pounds, or to be imprisoned for any term not exceeding six month;. Any person wilfully or negligently leaving open any gate so erected shall be
liable to a fine not exceeding Five Pounds, to be recovered in a
summary manner under the provisions of Act 6 of 1850.

20, Proof

52' & 53* VICTORIlE, No. 472.

The Crown Lands Amendment Act.--1889.

PAKT III.

20. Proof that thcre are on any land burrows showing signs of

having been recently used by rabbits, or otlicr signs of the presence	Proof of exiatenee of
rabbits.

of rabbits, shall be primh fa& cvidence of the existence of rabbits

on such land: And prodf that such signs are not being diminished on any land shall be pr imci fncie evidence that the occupier is neglect- ing to do what is required by any notice which has been served pursuant to the last section.

PART IV.

MISCELLANEOUS.

21, Notwithstanding anything contained in L' The Woods and Forest leseeq to be adjudicated upon by

Forests Act, 1582," leases of lands comprised in any forest reserve

Land Boa&,

under that Act shall not in future be offered for sale by public auction, but the right to such leases shall, subject to the approval of the Commissioner of Forest Lands, be dt:terrnined, and the rent payable thcrcuilder shall be fixed,by the Land Board for the district within or nearest to which such lands shall be situated in the same manner as the Board is empowered to do with respect to lands within hundreds under Part I 1. of the principal Act.

22, The Commissioner of Forest Lands may, on thc recommen-	may be remitted or
Rent of forest lande

dation of the Land Board for the district within or nearest to which	reduced.
any lands comprised in any such forest reserve are situate, reduce or remit any rent or amcars of rent payable in respect of any such lands. A return of all such reductions and remissions, with the reasons there for, shall be annually laid before Parliament wit,hin one month after the opening of Parliament for the dispatch of business.

23, The Commissioner may cause any land which has been rs-	be leaaed.
Land roclaimod may

claimcd, or which is in coursc of bcing reclaimed, to be surveyed in such blocks and let on lease on such terms and conditions as hc may consider desirable. The rent of such land to be fixed, and the alloi-

ment decided, by the Land Board of the district within which such

reclaimed or partially rcclaimed land is situate.

24, Any person who has heretofore surrendered or shall here- A ~ p e a l f ~ m f i m t decision of Land

after surrcnder his agreement or lease, and has taken or shall take Boad.

a lease under Part 11, of the principal Act, shall have a right of

appeal to the Commissioner against the decision of thc Land Board

fixing the amount of rent and purchase-money, or either (as the case

may be); and the Commissioner shall, on receipt of such appeal,

refer the same to the Land Board for reconsideration and a report

thereon, and may, d ter receiving such report from such h n d

Board, reduce the rent and purchase-money, or either, so a~pealed

against, as in his opinion the case may require: Provided 'that a11

appeals against determinations arrived at before the passing of this .Act shall be madc within six months from the passing hereof, and that all other appeals shall. be made within six months from the notification to the lessee of the amount of the rent, or rent and purchase-rrrone y, fixed by the Board. $36. 8very

5 2 O & 53' VICTORIR, No. 472.

The Crown Lalzds Amendment A c t. 1 8 8 9.

PART xv. 25. Every Land Board may require the e~idence givcn before it

-

may rep"& on any application to be on oath. The oath niag be in the following

widence to be On

oath. form :--" The evidence which you shall give before this Board shall be the truth, the whole truth, and nothing but the truth-So help you God."

Punishment for 26. Any person who, upon oath or affirmation taken or made

p e + v. under the provisions of this Act, shall wilfully and corruptly give any false evidence before any Land Road shall be guilty of perjury, and on conviction, may be imprisoned with or without hard labor for any period not exceeding four Tears.

Affirmation may be

made in lieu of oath.

27. 'Where any witness to be examined pursuant to this Act

conscientiously objects to take an oath, lie may make his solemn

dcclaratiorl and affirmation in the following word,. :-

I, A. B., do solemnly, sincerely, and truly declare and affirm that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly declare and affirm that I will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked

me.

And any solemn declaration and :~ffirmation so made shall be of the same force and effect, and slmll entail the same liabilities, as an oath taken in the form hereinbefore provided.

By whom oath or

affirmation to be 28. Any oath or affirmation pursuant to this Act may be

administered.	administered by any member of any Land Board, and the cvidence given by the person making the oath or affirmation shall be take^^ down in writing nnd signed by such person, and countersigned by the chairman or any other member of the Land Board before whom, such cvidence is taken.
Oowmor may except	29. The Governor may at any time, by Proclamation, except any gether or for such period as he may from tiue to time determine; and in cases whcrc any snrh lands shall bc altogether withdrawn, the same may be sold by auction, for cash, in the samc manner as town lands.
suburban lands from	suburban lands from being dealt with by any Board, cither alto-

h&,	with
Boards.
leased.

Foreshore may bc	30. For the purposes of Part v. and of section i16 of the prin- cipal Act, '' mineral lands " and " Crown lands " shall include that part of the province situate betwccn high and low watermark on the seashore and on the margin of tidal rivers.
Applications for

transfer to be remitted 31. All applications for the transfer of any lands which sl-iall

to Land Board for	hare been allotted by any Land Board under Part 11. of the principal
advice.	Act, or dealt with by any Land Board under Part 11. of this Act shall be made to the Commissioner, and by him be transmitted to such Land Board for advice, and no transfer shall be allowed until after notice of such application shall have been inserted for four weeks in the Government Gazette. 32. Section

52' & 53' VICTORIE, No. 472.

The Crown Lnnds Amendment Act.-1889.

32. Section 1.i of the principal Act shall be read as if the IV* -

following proviso were added a t the end thereof-G' Provided that no K O ~ more than one

lessee shall hold, under lcase with a right of purchase, at any one iands reserved for thousand acres of

time more than one thousand acres of lands reserved for leasing." leasing to be held with right of purchase.

following words wcrc added at the end thereof-" and, in cases 33. Section 36 of the principal Act shall be rrad as if the ~~f"~~?~~ls~~

where the rent sllsll have been twice so reduccd without such lands having been taken up, the Commissioner may from time t'o time offer such lands at such reduced price for the improvements thereon

as he may, with the advice of the Board, fix."

34. Notwithstanding anything contained in the principal Act, f ~ ~ ~ ~ ~ $ f r ~ ~ ~ ~ $ t

it shall not be necessary for any applicant for a lease to forward application.

with his application twenty per centurn of the first year's rent if

such twenty pcr ccntum shall amount to less than One Pound

sterling.

35. Section 22 of the principal Act shall, be read as if the Amendmentofsection 22 of principal Act.

words "or the first year's rent" were inserted after the word "rent"

in the last line of the said section.

36. 1n deciding between applicants for blocks of' land, the Board Preferencetoappli- cant who agrees to

shall give the preference to the applicant who shall agree to take the block on condition of pcrsonal residcncc; and every lease so granted shal! contain a covenant by the lessee to personally reside on such land for six months at the least i n every year of the term; and every such lease shall also colitain such right of re-entry, and such other terms and conditions, not inconsistent with the provisions of this Act, as the Commissioner may scc fit to impose,

as if the words " or lease under Part vIr .of' the principal Act " were 139 of principal Act. 37. Section 139 of the principal AA shall be read and construed Amendmentof section

inserted after the word purchase " in third line of said section.

38. On the expiration or other determination of any lease Improvements made

granted under sub-section IX. of section 118 of the principal Act, factura of salt to be by leesees for manu-

all improvements made by thc lcssee, and all machinery erected by sold with new lease.

him on the land, shall be offcred for sale, togcthcr with the new lease

of such land, at auction, for cash, and the amount (if any) at which

such improvements and machinery shall be sold shall, except in

cases where the outgoing lessee shall be the purchaser, be paid by

the purchaser to the Commissioner, and by him paid to the outgoing

lessee.

39. Notwithstanding anything contuined in Part IV, of the E:z$et;r8gJ'

principal Act, leases of pastoral lands not at the time subject to an after expiration of

existing pastoral lease may be offered for sale after the expiration or previous

determination of the last previous lease; and the outgoing lessee

shall have the same rights, and be subject to the same obligations, as

he would have had and been subject" to under the principal Act if

the

5 2 O & 5 3 O VICTORIA?, No. 472.

The Crown Lands Amendment A c t. 1 8 8 9.

PART IT.	the new lease had been sold or offered for sale previous to such expiration or determination: Provided that in cases where the leases
of any blocks of land which are contiguous to each other expire at
different periods of time, the Commissioner may, when he considers it advisable in the public interest, grant to the outgoing lessee a further lease for a term not exceeding thrcc years, at an annual rental to be fixed by the Commissioner, and not being less than the annual rental paid under the previous lease.

Amendmentofsection 40, 68 of Crown Lands Section 58 of the principal Act shall be read as if the

A C ~, 1888. following proviso were added at the end thereof: Provided also

that wherethe leases of two or more blocks have been purchased by the same person, and are occupied as one run, the lessee may surrender the leases of such blocks: and obtain one lease in lieu thereof; and, with the consent of the Commissioner, the improve- ments necessary to entitle the lessee to repayment of the said deposit of ten per centuln may be made on any part of the land included

in such lease."

Amendment of cleri-

cal emm. 41. Section I l6 of the principal Act shall be read and construed

as if the word therein" had been inserted in the fifteenth line of

that section in lieu of the word 661~erein," and section 119 of the

said Act shall be read and construed as if the word section" had been inserted in the first line of that section in lieu of the word

sections."

Amendmentof section

131 of Crown Lands 42. Section 131 of the principal Act shall be read as though

A O ~, 1988. the words " under this part of this Act " had been omitted.

Amendment of section

20 of W O O ~ S and 43. Section 20 of a The Woods and Forests Act, 1882," is

POFCM~S A C ~.	hcreby amended, and shall be read and construed as if the words G twenty-one " in the second linc of the adid section were struck out
and the words forty-two " inserted in lieu thereof.

Incorporation. 44. This ,Qct and the principal Act shall be read and construed

together as forming one Act.

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

this Bill.

KINTORE, Governor.

SCHEDULE.

The Cwwn Lands Amendment Act.-1 889.

. - ~ -

SCHEDULE REFERRED TO.

SCHEDULE.

Lands Reserved f o r Leasing.

Commencing at the north-west corner of the hun'lred of Benara; thence east along the north boundary of said hundred to its north-east corner; thence north along the west boundaries of the hundreds of Young, Grey, and Monbulla, and Killanoola to the south-west corner of the hundred of Kobertson; thence westerly to the south-east corncr of thc hundred of Joyce, and north-north-westerly to its north- eastern-corner; thence north along the wevtern 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 commencement.

Adelaide : By authority, H. F. I ~ s d e r, Government Printer, North-terrace.

B-472