Crown Lands Act 1890 (SA)

ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

VICTORIZ REGINB.

A. D. 1890.

No. 502.

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

Crown Lands Amendment Act, 1889," and for other purposes.

[Asswckd to, Decembev 2 3 ~ 4 1890.1

THEREAS it is expedient to amend " The Crown Lands Act, Preamble.

1888," The Crown Lands Amendment Act, 1889." and to make provision for other purposes-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the

said province, in this present I'i~rlial~~cnt asscinbled, ns follows:

YART I. PABT I.

A-502.

PRELIMINARY.

1. This Act may be cited for all purposes as The Crown Lands Bhort title.

Amendment Act, 1890.''

2, This Act shall be divided into three parts, relating to the Divisionof Act into parte.

following subject matters:

PART I. Prelimiiizu y.

PART	11. Pastoral Leases, Resumptions and Surrenders.
PART	I 11. Miscellaneous.

3, I n the coizstruction of this Act, the expsession-	Interpretation.
'' The principal Act " shall mmn The Crown Lands Act, 1888": 6cPrescribed" shall mean prescribed by the regulations in force

under this Act: C L Pastoral

5 3 O & 54' VICTORIAZ, No. 502.

The Crown Lands Amendment A c t. 1 8 9 0.

" Pastoral lease" shall mean any lease granted for pastoral pur-

poses under this or any of the Crown Lands Acts:

The expressions " Class I.," ('Class II.," and "Class III.," respectively refer to the classes of pastoral lands described in section 56 of the principal Act:

Repeal. 4, Sections 13, 14, 28,42,55,57,58, 59,60,62,64,65,73,78,79,

80, 81, 82, and 169, of the principal Act, and sections 6, 7, 36,

39, and 40 of a The Crown Lands Amendment Act, 1889," are hereby repealed, but such repeal, or any repeal effected by this Act, except where otherwise expressly provided by this Act, shall not affect-

(U) Any agreement, lease, or licence heretofore granted under any enactment hereby repealed; nor

( b ) The past operation of any enactment hereby repealed, nor

any thing done or suffered under any enactment hereby

repealed; nor

(c) Any right, privilege, obligation, burden of proof, or liability

acquired, accrued, or incurred under any enactment hereby

repealed; nor

(d) Any penalty, forfeiture, or punishment incurred in respect of

any offence committed against any enactment hereby

repealed; nor

( E ) Any legal or other proceeding, valuation, arbitration, or

remedy in respect of any such right, privilege, obligation, burden of proof, liability, penalty, forfeiture, or punish- ment as aforesaid; and any such proceeding, valuation, arbitration, or remedy may be carried on as if this Act had not Been passed.

And the repeal of the foregoing sections shall apply to and affect only leases of land not held under-	Certificate of claim; or
Pastoral leases issued prior to the passing of this Act.

Enactmente not to

apply to pastoral;	5, Notwithstanding anything in the principal Act contained, sections 61, 63, 66, 67, 68, 69, 70, 71, 72, 74, 75, 77, and 169 of the principal Act shall not apply to any pastoral lease issued under the provisions of this Act.
leases under thia
Act.

PART 11.

PASTORAL, LEASES, RESUMPTIONS, AND

SURRENDERS.

Power tolease pastoral 6. All Crown lands not included in any hundred may be leased

lands.

for nastoral DurDoses. but no ~astoral lands shall hereaft& be leased

- I A L L

for such purposes, except in manner provided by this part of this

Act, or f i r the purpose bf' giving effeci to any ex'lsting right.

7. Pastoral

53" & 54" VICTORIAZ, No. 502.

The Crown Lands Amendment Act .1890.

7. Pastoral leases may be granted under this Act for the terms following, that is to say, for any term not exceeding- P A ~ Ir*

~ e r m

and oonditione

of paatod leases.

(a) Twenty-one years as regards lands comprised in Class I. or

Class II., except in the case of any lease issued pursuant

to section 26:

( 6 ) Forty-two years as regards leases issued pursuant to Section 26:

(c) Forty-two years as regards lands comprised in Class XTI.

All such leases shall be in a form to be approved by the Governor, and be prepared by the Commissioner; and, in ad- dition to all such exceptions, reservations, covenants, terms, and conditions necessary or proper for giving effect to this Act, or not in- consistent therewith, shall contain covenants by the lessee-

r. To pay the rent annually in advance:

11 To keep all reservoirs, buildings, fences, and other improve-

ments on the leased land, which, in the opinion of the Commissioner, ought to be kept in repair, in good and tenantable repair and condition:

m. To stock within three years the land leased with sheep in the proportion of at least five head, or with cattle in the proportion of at least one head for every square mile leased, and to keep the same so stocked, and before the end of the seventh year to increase the stocking to a t least twenty head of sheep, or four head of cattle per square mile, and to keep the same so stocked during the remainder of the term; and so that the stocking with sheep and cattle combined shall be sufficient if the requi- site number are kept, one head of cattle being computed as equal to five head of sheep; and in all cases, upon being required thereunto, to furnish thc commissioner with true particulars of the number of sheep and cattle

with which the leased land is stocked:

I v. 'l'hat the lessee will not at any time during the last three years

of the term of the lease overstock the land or any part

thereof, or keep thcreon any cxccssive number of sheep,

cattle, horses, or other stock, which in the opinion of the Commissioner would have the effect of depreciating the ordinary capacity of the land for depasturing by stock.

But no such lease shali contain any implied or expressed covenant or provision whereby the Government might, excey t on resumption, be liable to make any payment to the lessee for, or in respect of, any improvements then on the land.

8. Before any pastoral lease shall be granted pursuant to this s n n r e y o r - ~ e m ~ ~

Act, the Surveyor-General shall, except where hereinafter otherwise :;F;:gd;Ep:;;! provided, under the direction and subject to the approval of the ments. Commissioner, determine the duration of the proposed lease, the boundaries of the land intended to be comprised therein, the upset

annual

4 53" & 54" VICTORIE, No. 502.

The Crown Lands Amendment Act.--1890.

PART 11. annual rent at which the same shall be offered, and the value of the improvements (if any) existing on such land; and thereupon the

~ o t i m ar a ~ a t i ~ n to

be I' 'VenofLandqn Commissioner may, upon giving notice thereof in the Government

for easing,

Gazette, cause the lease to be offered for sale by auction.

J~oases unsold may be Q, If any such lease shall he offered for sale at auction and not

moffered at reduced sold, the Commissioner may, from time to tirnc, upon giving further

, , , O,d~paedof

without further

auction.	notice in the Cr'overment Gazette. CRUSC the lease to bc rc-offered at such reduced rent as he shall think proper: Provided that in the interval between any unsuccessf~~l auction and the publication of any such further notice, thc Governor may grant the lcase to any purchaser or person willing to take the same, at the like rent, and upon the same terms and conditions at and upon which the lease was offered at any former auction.
Purchaser or grantee	10, The purchaser or grantce shall, within the time and in the manner prescribed, execute the lease and pay the first year's rent and prescribed fees, and also a deposit tc the amount of ten per centum upon the value, as specified in the Gazette notice, of any improve- ments on the land, which deposit shall be held by the Commissioner as securitv for the maintenance of such improvements in a, proper
to etecute lease.
Deposit to secure	state of kpair. Interest at the rate of five per centuni per annum
maintenance of	on such deposit shall be allowed as against the rcnt payable under
improvements.	such lease, so long ss such improvemeilts shall be so kept in repair: And provided the lessee shall have duly complied with the provisions of the lease, the deposit shall be returned to him at the expiration of the lease; but if he shall not have duly kept the improvements in repair, or if the total value of the said improvements on the land shall be less than thc amount which the said lessee became respon- sible for, the Commissionw niay deduct, out of the deposit, an amount equal to the depreciatibn in value of such improvements.
Forfeiture of moneyn	Any purchaser, grantee, or lcssce who shall fail to comply with
and rights on failure
to comply.	the requirements of this section shall forfeit all the moneys paid bv him, together with the lease, if granted, or, if not granted, then $1 right to a lease of the lands, without prejudice nevertheless to any other rights or remedies the Crown may have against him by reason of such non-compliance: Provided, however, that it the lessee shall
have made other snbstantinl improvenients of equal value to those upon which the ten per centum deposit has been paid, the Commis- sioner may repay to the lessee the whole or any part of thc amount
of such deposit at any time previous to the expiration of the lease.

~easen to discoverers 11, If any person shall discover any Crown lands in Class 111. adapted

of pmtoml country.	for pastoral purposes, the Commissioner may, without auction, grant to such person a Iease of all or any portion of the lands so discovered for a term of not exceeding forty-two years, at the annual rent of Two Shillings and Sixpence per square mile for the first twenty-one years of the term, but subject to re-valuation as regards the residue (if any) of such term as hereinafter provided; and in all other respects upon the same tmms and conditions as other pastoral leases granted under this Act. For the purpose of any such re-valuation
the first twenty-one years of the term shall be deemed the " first
period " of the term. 12, Upon

53' & 54' VICTORIW, No. 502.

The Crowrs Lands Amendment Act .1890.

12, Upon, or within twelve months before, the determination PART 11.

of any pastoral lease granted either before or efter the coming into On expiry of 1 -

.

operation of this Act, all or such portion of the land theretofore ~$e!~~~'~Berd purpose shall, except in the case of surrender of any existing lease for a lease ynder this Act, in one or more. blocks be re- offered for lease for pastoral purposes under this ,4ct. Provided that in cases where the leases of any of the blocks of land which are held by thc same lessee, and which are contiguous to each other, expire at different periods of time, the Commissioner may, when he considers it advisable, grant to ths outgoing lessee a further lease for a term not exceeding three years at nu annual rental to be

fixed by the Commissioner, and not being less than the annual rental

paid under the previous lease.

Rents and Periodical Revision of Rents, Compensation oot

~ e s u r n ~ t i o ~, QC.

13. For the purpose of revising or re-valuing the rents to be paid Term of lease divided into three periods of

f ourteen yeara. issued pursuant to section 26, sliall be deemed to be divided into periods of fourteen years each, hereinafter referred to as the first, second, and third periods, respectively.

by lessees, the term of every pastoral lease issued pursuant to this

14- The annual rent to be paid by the lessee during the first Rent forht fonr-

period shall, except where by this Act otherwise provided, be the thelease.	teen years fixed by
same as that at which the lease was purchased or granted, and the same rate shall continue to be paid during the remainder of the term, unless or until altered by re-valuation as hereinafter provided.

15. If

the Commissioner or the lessee sliall be desirous, during Re-valuation at in-

stance of Commicl-

any current period, of having an alteration made in the annual rer~t	,ioneror lessee.
writing of such desire within the first six months of the thirteenth	give to the lessee or the Commissioner, as the case may be, notice in to be paid under such lease during the next ensuing period, he shall
year of the current pcriod; and thereupon a re-valuation shall ba made, and the rent to be paid during such cnsuing period shall be fixed by the Surveyor-General, and the lessee shall be notified of the result: Provided that the lcsscc, if dissatisfied with such result, may, within the time and in manner prescribed, appeal and may bring evidence in support of such appeal before the Commissioner, who may thereupon increase or reduce the rent so fixed, and his decision shall be final: Provided also that this section shall not apply in the case of any lease granted for a term of not exceeding twenty- one years, and in every such ease the rent for the whole term shall be at the rate mentioned in the lease.

16, Every such re-valuation shall be deemed completed at the Notice of remit of

expiration of the time limited for the lessee to appeal, unless an wdd. re-valuation to be

appeal

53' & 54' VICTORIW, No. 502.

%he Crown Lands Amendment A c i. 1 8 9 0.

PART 11. appeal shall be duly made, in which case it shall br decrncd completed so soon as the Cornmissioner shall have determi~red the appeal, and when completed notice of the result thereof shall be pubitshed by the Commissioner in the Government G'nxette ; and the rent so fixed shall be paid by the lessee during such ensuing period, and the like rate shall be paid during every subsequent period unless, as regards any third period, the rate shall be altered by re-valuation.

Whenimprovements

to be conaidered in 17. The Surveyor-Gcncral, in originally fixing the rent at which

axing rmt	oehin	any lease of pastoral land shall be offered under the provisions of
CBMB.	this Act, shall talic into account all improwments (if any) on such land; and upon every such valuation or re-valuation regard S hall be had to the carrying capacity of the land for depasturing by stock,

Principle8 of valua-	its proximity and facilities of approach to railway stations, ports,
tion of rent.	rivers, and markets, and such other circumstances as may affect its value; but improvements made by thc lessee during the term of any lease granted under this Act, and the increased carrying capacitj arising therefrom shall not be taken into account on any re-valuation pursuant to section 15. Kor shall any improvements in respect whereof the lessee shall, pursuant to section 36, have released or discharged his claims to pagmcnt or compensation, be taken into account cm any such re-valuation.
Compensation on
resumption.	18, If any land includcd in any pastoral lcasc issued undcr this Act shall be resumed, the lessee shall, subject to the provisions of this Act, be compensated for loss or depreciation in the value of his lease caused by such resumption, and in respect of the improve- ments made by him during the term of his lease in manner following
-that is to say, if the rcsumption shall take place during--

(a ) The first half of the term, the lessee shall be paid the full

value of all such improvements:

( b ) The thiid quarter of t,he term, the lessee shall be pdd one-half

(c) The last quarter of the term, the lessee shall be paid one-fourth of the value thereof: of the value thereof.

Notice of 19, S o lessee shall be entitled to pajment, on any resumption, in

improvements respect of any improwncnts madc after the coming into operation of this Act, unless, before making such improvements, he shall have given written notice to the Commissioner, stating the nature and position and probable cost and date of completion thereof: and such improvcmcnts shall have been sanctioned by thc Commissioner: Provided that, where it shall not bc conveniently 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 shall have becn given with all rcasonable dispatch, and if the improvements shall be sanctioned by the Commissioner.

53" & 54" VICTORIE, No. 502.

The Crown Lands Amet~dment d c t. 1 8 9 0.

20. No payment or valuation elm11 be made on any resumption PART rr.

pursuant to this Act, in respect of any improvements, nor shall any only certain

hprovements be considered-pursuant to thii Act unless the Surveyor- EE:yt8

tobe

General shall certify that the same are useful and were made for the purpose of improving the land for pastoral purposes, or for increasing the carrying capacity thereof, and that thc improvements will have such eff cct, and unless the same shall consist of wells, reservoirs, tanks, or dams of a permanent character, available for thc use of cattle or sheep, and which incrcase the carrying capacity of the land leased, or of substantial buildingq, fences, huts, or sheds erected for residence, shearing, or other purposes usually required for, or in connection with, keeping live stock; and in ascertaining the amount to be paid for improvements for fencing there shall be deducted the amount (if any) previously dcducted or retained in respect of such fencing under any of the Crown Lands Acts.

21. In computing the compensation to be paid in any case for Certainincreased

loss or depreciation in the value of any lease, whether granted in,lUded.	value not to be
before or after the commencement of this Act, no increased value, given to such lease by reason of any public works executed after the granting of such lease, shall be included or taken into account.

23, Thc amount payable for improvements, or compensation for 'Timefor compensation. payment of

loss of or depreciation in the -rralne of any such lease, shall be paid within six months after the K ~ S L I I I I ~ ~ ~ O R occasioning the loss or depreciation, provided the lessee shall the11 have given up possession of the land resumed.

23. The value of any improvements to bc valued pursuant to this E d g g. b y

Act, and the amount of compensation to he paid on any resutnption under this Act, shall, in case of dispute or difference, be determined by two arbitrators (of whom one illall be appoint& by the Corn- missioner, and the other b y the party entitled to payment or com- pensation), and in case of their disagreement, then by an umpire to be chosen by such arbitrators before entering upon the valuation, or

Provided that in case either party shall neglect or refuse to appoint	the consideration of the amount of compensation, as the case may be:	an arbitrator for the space of one month after the date fixed by the Commissioner for the ap y ointrnen t of arbitrators, or sl~itll name an arbitrator who shdl neglect or refuse to act, and in such case fail to name another arbitrator who will act, then the arbitrator appointed by the other party may make a final decision alone. The date for the appointment of arbitrators shall, in every instance, be fixed by the Commissioner by notice in the Gouernment Gazette, and shall not be later than three months after the resumption of the lands; and the decision of the arbitrdtors or umpire shall W; thin three months after their or his appointment, or within such further time as the Commissioner may allow, be reported in writing to the Commissioner and the other party. For the purposes of any such valuation the
word value " shall have the meaning assigned to it by section 3
of The Crown Lands Interpretation Act, 1887," and section 5 of
thc same Act shall be deemed to be inborporated in this Act.

Sum ender

8 53' & 54' VICTORIW, No. 502.

T%e Crown Lands Amendment A c t. 1 8 9 0.

Parr 11. Surrender qf Existing Leases, other than CZuss I.

I-- m y give 24. Any lessee of pastoral lands whose pastoral lease has

n+."0f sumend?~pf expired on or since thc thirtieth day of April onc thousand eight

ex18tmg leases withn

two yeare.

hundred and eighty-nine, and who being entitled under such lease

to receive payment for improvements on the leased land, shall not have received such paplent, and any lessee holding lands under any existing pastoral lease granted before the com- mencement of this Act, and any person who may be entitled to t?, pastoral lease under any Act in force before the passing of this Act, who shall be desirous of releasing his claims to payment, or surrendering his lease, or right to a lease, as the case may be, and of obtaining in lieu thereof a pastoral lease of the same lands under the provisions of this Act, shall, within two years from the coming into operation of this Act, give notice, in writing, to the Commissioner of such desire: Providcd that this section and the two next following sections shall not, nor shall either of them, apply to any lands comprised in Class I.

2% The Commissioner may refer such notice to the Surveyor- General, who shall forthwith report to him on the value of the

surveyor-~eneml to

mp"* new lease On terms to be Of

offered, &G.

improvenwnts for which the lessee is, or on the expiration of the existing lease would be, entitled to payment, the carrying capacity of the land for depasturing by stock, and any other circumstances affecting the value of the existing lease or the claims or rights of such lessee or person, and rccommend for the approval of the Com- missioner the term for which, and rent at which, a lease under this Act ~hould be granted to such lessee or person upon his releasing all claims to payment, or surrendering the existing lease, or rights to a lease, as thc case may be. 'l'hc Cornmissioner may adopt such recomnzend;itions, or alter or vary the same, as he shall think fit, and may, at his discretion, cause the lessec or pcrson to be notified of the term for which, ancl rent at which, a lease under this Act might be granted in consideration of such release or surrender; and such lessee or person may thereupon, within three

months, or such further time and in such manner as may be pre- scribed, notify his acceptance of such terms.

New leasetobeissued 26. On receipt by thc Commissioner of such notice of accept-

andaupdorchimB

or leases relinquished. ance, a pastcm1 lease shall forthwith bo granted to and executed by such lessee, or person, at the rent and for the term mentioned in the ~om&issio~er's &tifimtion, and in a l l other respects, except as hereinbefore provided, on the same terms and conditions as other pastoral leases issued under this Act; and such lessee or person, as the case may be, shall, so far as regards any lands to be comprised in the new lease, be deemed to have-

( a ) Released and discharged the Government from all claims and

demands which before such notice of acceptance he had

in respect of any improvements upon such lands:

( b ) Released and discharged the Government from all rights or

claims on his part to a lease under any Act or Acts previously in force: (c) Surrendered

53° & 5 4 O VICTORIW, No. 502.

- - -

me Crown Lands Amendment A c t. 1 8 9 0.

(C) Surrendered his existing lcase and all rights, claims, and PART 11.

dcniands whatsoever thereunder, whether to compensation for improvements or otherwise, except his right to the new lease to be granted to him under this Act as aforesaid.

27. No lease of any land shall be offered pursuant to section 25 Rent of new lease not

at a less annual rent than the rent previously payable by the sur- to be h e	than the old.
rendering lessee.

Resuniptiofi o f Pastoral Lands.

granted, the Governor may, during the currency of any such lease, resumed. 28. As regards a11 pastoral leases which may hereafter be Leaaedlandsmaybe

by notice forwarded in writing to the lessee, and published in the

Governmeh t Gazette, resume possession of all 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 conditions-

I. If such land shall be required for the purposes of any rail- way, tramway, road, or public work, or as a site for a town or cemetery, or for park lands, one month's notice

of the intention to resume shall be so given:

11. If such land shall be required for any other purpose, one

year's notice shall be so given.

at any time enter upon any pastoral lands for thc purpose of survey- lands. 29, The Commissioner, or any person authorised by him, may Power to enter lemeit

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 this or any of the Crown Lands Acts.

30, The pastoral lessee of any pastoral lands in either Class I. or Leasees in Clam I. and Claas 11. may

Class 11. as defined by thc principal Act slmall, whether his lease shall occu-

have been granted before or after the coming into operation of this pation after expiry of

Act, notwithstanding the granting of a new lease of any lands lease.

included in his lease during the term of his lcase, be entitled to the possession of such lauds until the expiration of his existing lease, and may (in cases where a new lease of such lands shall be granted during the last twelve months of his existing lease) continue in occupation of such lands for a period of twelve months after the expiration of his existing lease, notwithstanding such expiration. 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 the commencement of the term of any new lease he shall, subsequent 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 lease, and exonerate the new lessee from such payment and performance, and such occupation shall otherwise be subject to all prescribed terms and conditions.

B-602. 13. Every

'1 0	53'	& 54' VICTORIA$ No. 502.
!l%e	Crown Lands Amendment A c t. 1 8 9 0.

YABT 11. 31, Every lease offered for sale by auction pursuant to this part

of this Act &all be offered at an upset annual Grit, and the bidding

B i d b at

auotion, h.	shall be in advance thereof. The first year's rent shall be paid on the fall of the hammer, and all p a y m e h made by the outgoing lessee in exoneration of the new lessee, pursuant to section 29 of this Act, shall be credited against the rent falling due after the cxpiratio,~
of the first year of the term granted by the new lease.
be gazetted.
Notice of auction to	32. No lease shall be offered for sale by auction pursuant to this part of this Act unless at least a four weeks' previous notice of the auction shall have been given by the Commissioner in the Govem- mertt Gazette.

PART 111.

MISCELLANEOUS.

( a ) Provisions relatiry to Part II. of the princ@ul Act and

Land Boards.

Governor ma alter 33, The Governor may, by Proclamation, alter or vary the

boundaries of9land

districts.

boundaries of any land district whether heretofore or hereafter to be

defined.

LanaBoarasmaybe

appointed, 34. I t shall be lawful for the Governor to appoint a land

Constitution. board for each district. Each board shall consist of three members, of whom two shall be residents of the district for which they shall be appointed but shall not he civil servants.

Tenure of office. 35. Members shall hold office for twelve months from date of

appointment, but the Governor may, at pleasure, at any time suspend or remove any member, whether appointed before or d t e r the commencement of this Act. Any member whose term of office shall have expired shall be eligible for re-appointment.

Quorum.	may exercise all the powers and authorities vested in the board, 36. Any two members of a board shall form a quorum, aild	and in case only two members are present the chairman shall have
a deliberative as well as a casting vote; but all the members of the Board shall be entitled to attond every meeting thereof, and shall be duly summoned for that purpose.
Memberof Boardnot
to be lessee.	37. No person while a member of any Land Board shall be eligible as an applicant or be interested in any application for a lease, under Part 1 1. of the principal Act, of or in respect of any land situated within the district for which such Land Board was appointed, and no member of any Board shall hear or deal with any application in which any partner or relative of such member shall be interested; and if any member of any Land Board shall act contrary to this section he shall be guilty of an offence against this Act, punishable by a fine not exceeding Fifty Pounds, and any dlotment of land made or application granted contrary to this

section

53' & 54' VICTORIW, No. 502. 11

section shall be absolutely void, except as against any purchaser, not	PART	111.
being a partner or relative of such member, who shall purchase bond fide for value without notice of the offence having been committed.

38. No person, while a member of a Land Board, shall be eligible Member of Land Bowd becoming

as a candidate for either House of Parliament, and the seat of any for Parlia-

member of a Land Board who shall become a candidate for a seat in m e n t b f o ~ f d t seat

Parliament shall thereupon become vacant. on hod.

39, Any person holding lands under an agreement for purchase, haaee to be credited with tho amount paid

and who shall surrender his agreement in exchange for a perpetual h ,,,,,

lease or lease with a right of r~urchase under Part T I. of the ~ r i n c i ~ a l

Act, and who shall hGe purihased and paid for any exces's are; of land under any of the Crown Lands Acts, shall, on surrendering the receipt for the purchase-money of such excess area to the Com- missioner, be credited with thc amount so paid by him agninst the rent or rent and purchase-money payable under his lease, and the land purchased by him, as aforesaid, shall thereupon revert to the Crown and be included in his lease.

40, Itshall be lawful for the Commissioner, on the recommentia- Boaramay reduce rents and remit

tion of the Land Board for any district, to reduce the rent or rcduce arrears.

or remit any arrears of the rent payable in reapect of any land

described in Schedule D of the principal Act or in Schedule B hereto

and held under any of the leases specified in Sche+de A to this Act.

A return of a11 such reductions and remissions, with the reasons

therefor, shall be annually laid before Parliament within one month after the opening of Parliament. All reductions or remissions here- tofore made By any Land Board, and which would be lawful if made by such Board after the commencement of this Act, are hereby validated and confirmed.

4.1. In deciding between applicants for blocks of land, the Land Lessee to covenant to reside on land.

Board shall, unless there be in the opinion of the Board good cause to the contrary, give preference to the applicant who shall agree to take	the block on condition of personal residence, and every lease granted	to such applicant shall contain a covenant by him to reside on the
land for nine months at least of every ycar d the term: Provicted that in every case where the preferemc is given to an applicant who does not intend to reside on the block, the reasons of the Board for so alloting the land shall be given in the return mentioned in section
40 of this Act.

Every lease granted under the provisions of Part I r, of the principal

Act shall contain such right of re-entry, and all such covenants, terms, and conditions necessary OP proper for giving effect to the provisions and pnrposrv of this Act, the principal Act, and " The Crown Lands Amendment Act, 1869," or not inconsistent there with, as the Governor may see fit to require.

42. No transfer of any perpetual lease, lease with right of Tmn""*

purchase, shall be permitted, except on the recommendation of the

Land

53' & 54' VICTORIE, No. 502.

me Crown Lands Amendment A c t. 1 8 9 0.

--

PART	111.	Land Board for thc district and with the consent of the Commis-
sioner; and fro such recomrnendi~tion or consent shall be given to
anv, transfer in favur of any lcssee who shall then hold uider any
teiure any land the ur.irnpioved value of the fee simple of which shall exceed Five Thousand Pounds: Provided that this shall not apply to city, town, and suburban lands.

( b ) Provisions relatiag to Working Uen's Blocks.

Laads may be

acquired for Working 43, I t shall be lawful for the Commissioner, from time to time,

Men's Blocks. subject to the approval of Parliament, by purchase, exchange, or otherwise, to acquire lands suitable for blocks for working men, and cause the same io be surveyed and perpetual leases thereof offered under thc provisions of Part VII. of the principal Act, or sold under lease with right of purchase, pursunnt to the provisions of Part 11. of the said Act: Provided that before any lands shall be so acquired, the Commissioner shall lay before Parliarncnt n schedule of the lands, and the terms on which they shall be proposed to be acquired: Provided also, that any lands so acquired shall not be sold for a sum less than the sum paid therefor by the Government nor be let a t a less rental than shall be equivalent to five per centurn on the price paid for such land by the Government.

Lesma not	entitled	44, Notwithstanding anything contained in section 139 of the
to purchase	certain

blockr.	principal Act, or section 37 of The Crown Lands Amendment Act, 1889," n1h lcsscc shall be entitled to complete the purchase of any lands comprised in any lease hereafter to be granted under Part vrr, of the principal Act. if such lands shnll be situated within
a radius of ten miles of the Goneid Post Office, Adelaide.
Leasee may be gran-

Or 45, Notwithstanding anything contained in the principal Act,

block

One leases under Part VII. thereof may, at the discretion of the Land

Board for the district, be granted to any one lessee, notwitlistanding

such leases may include one or more block or blocks of land not

contiguous to each other, provided that the same shall be near to

each other and the aggregate area of such blocks shnll not exceed

twenty acres; and no lessee shall hold more than two blocks at the

same time.

Receipts for rent, to	48. Thc pearly receipts for rent paid by a lessee of a working
constitute

title. man's block shall be R sufficient holding title so long as he continues to reside on his lmd, but in case of transfer or mortgage a lease shall be taken out.

AlIow~nce	if block	47. If half of any block leased pursuant to Part WI. of the principal Act be cultivated for seven years with vines or fruit trees, in manner prescribed and to the satisfaction of the Commissioner of Crown Lands, the holder of such block shall be allowed the sum of Two Pounds for every acre so cultivated off the purchasemoney covenanted to be paid by him for such land: Pro- vided that no such allowance shall in any case exceed one-half of the
cultivated.

purchase-

53' & 54O VICTORIE, No. 502.

The Crown Lands Amendonent Act .1890.

purchase-money of the said block, or, in case of a lease, one-half the	PART m.	A
value of the freehold of the land included in such lease, such free- hold value to be fixed by the Commissioner: Provided also that this section shall not apply to any lands situated within ten miles of the city of Adelaide.

( c ) $cr2tb Leases and Selectors' Agreements.

selector's agreement in force before " The Crown Lands Act, money, 48. Any person holding lands under any scrub lease or Reduocionofpurchase

1888," came into operation and now existing, may within twelve

months from the sixth day of Ueceinber, one thousand eight hundred and ninety, in mauner provided by regulations, apply to the Commissioner to reduce the price or purchase-rnoncy of such lands, and the Commissioner shall submit such application to the

bind Board for the district, and on their recornrnrndatiolz may reduce such purchase-money. The amount to which any such pur-

chase-money has been, before the commencement of this Act, or hereafter shall be, so rcduced, is hereinafter referred to as the

reduced purchase-money."

49, In evcry case where the purchase-money has been or shall be Rducedp1trohaee- money to be deemed

SO reduced, the reduced purchase-money shall be deemed to be the	purchase-
amount of purchase-money originally payable or agreed to be paid money. under the lease or agreement, as the case may be, and all moneys which have been, or hgreafter shall be, paid on accohnt of money, shall be credited as against the reduced purchase-money; and without prejudice to any rights conferred by section l39 of the principal Act, the deficiency (if any) between the moneys paid prior to such reduction and the reduced purchase-money shall be paid by equal annual instalmeats, so computed and distributed over such a period that such deficiency shall be fully paid at the expiration of the time originally limited for the completion of the purchase under the original lease, or agreement, as the case may be; and so soon as the payments made, or hereafter to be made, on account	of purchase-money shall aggregate the amount of the reduced pm-	chase-money, the grant for the land shall be issued; but in all other
respects the existing lease or agreement shall remain in force. The crediting of any such moneys as aforesaid, or the crediting of any moneys under section 5 of The Crown Lands Amendment Act,
1889," shall not, in any case, confer any personal right or claim to
any repayment of such moneys.

50. Subsection rr. of section 5 of '' The Crown Lands Amend- Repealof ~ub-sectim 11 section 6, of

ment Act, 1889," is hereby repealed, and in lieu thereof the follow-	*;a of 188s.
ing sub-section shall be incorporated in the said section--

11. As to lands held under scrub lease, or any other lease with right of purchase. the person surrendering shall be credited as against rent, or rent and purchase-money, as the case may require, not only with all payments made, or which shall hereafter be made by him subsequent to the surrender

of

14 53" & 54" VICTORIW, No. 502.

--p- -- -- -- - - m - - -

The Crown Lands Amendment A c t. 1 8 9 0.

of his lease, but also with all such payments made before such surrender as shall be in exoess of the aggregate amount of rent payable by him under the original lease for the first three years of the term; and if such aggregate amount paid during the said first three years shall exceed ten per centum on the amount of the original purchase- money, he shall also be credited with the difference in excess: Provided that no credit of any such excess as3 aforesaid shall be given unless all moneys payable by the lessee in respect of the first three years' occupation of the land shall have been previously paid: Provided also that credit shall not be given for any such excess beyond the amount of twenty years' rent from date of such surrender, computed at the rate fixed by the Land Board.

( e ) Miscellaneous Leases.

Mismllaneoua lessees

may apply for right 51. -4ny person being the holder of a a Lease for grazing and tion," granted prior to the passing of this Act, and who-

of ;purchass. cultivation,"or of a " Miscellaneous lease for grazing or cultiva-

(a ) Does not, at the time of making the application, hold more

*	than one thousand acres under freehold or lease with right
of purchase ; and

( ) Has during the term of his lease utilised and is then utilising

smh land,

may, within twelve montha from the passing of this Act, in manner to be prescribed, apply to the Commissioner for a lease with a right of purchase, or for a perpetual lease under Part y r. of the principal Act, to be granted to him of all or any portion of the said land in one block not exceeding one thousand acres: Provided that nothing in this section shall apply to any land reserved for gold or other minerals, to a proposed water area, or to lands which, in the

Application to be opinion of the Commissioner, should be reserved for public purposes.

re.ferred to Land

52. The Commissioner may refer such application to the Land

satisfaction of such Board, complied with the preceding section and

- any other circumstances affecting the applicant's right of purchase,

and shall, in such report, define the boundaries of the land (if

any) which, in their opinion, such applicant should be allowed

to purchase, or obtain on perpetual lease, and fix the annual

rent and purchase-money of the said land. The Commissioner

may adopt the recommendations of the Board or alter or

vary the same, as he shall think fit, and may, at his discretion,

muse the lessee or person to be notified of the terms and conditions

upon which a lease might be granted; and such lessee or person

may thereupon, within such time and in such manner as may be

Board. Board, who shall report to him whether such applicant has, to the

prescribed, notify his acceptance of such terms.

53' & 54' VICTORIE, No. 502.

The Crown Lands Amendment Act.-1 890.

-- -- -

53, Upon receipt by the Commissioner of such notice of PART m.

acceptance, the Commissioner shall cause the said lease for. grazing Miscellnwol

and culiivation, or miscellaneous lease for ,grazing or cultivation, as to be c~nda fu

the case may be, to be cancelled so far as regards the land, for which ""@W*

a lease with a right of purchase or perpetual lease under Part 11. of

the principal Act shall ha.ve been granted, and the applicant shall,	lk	to
within the time and in manner prescribed by the principal Act, execute a new lease pursuant to the said Part r r, of the principal
Act.

(f) Resumption of Edtmtional Lands,

54, The Governor may, by Proclamation, cance1:the grant and ?wiumption of fan& to this Act, in ,Sohedule E.

resume possession of the lands described in ~ c h e d u l e ~ ~

notwithstanding the grant of such lands to the Council of Education;

and thereupon any existing leases, in so far as they relate to the said'	.
lands or any part thereof, shall cease and detcrrnine, and the lands shall re-vest in the Governor as Crown lands. The Governor may,
by the same or any subsequent Proclamation, add the said lands or
any part thereof to the road referred to in Schedule C, so that such lands and road shall together form one district road, and become dedicated to the public, and be under the care, control, and manage. ment of the District Council of Crystal Brook, subject to the pro,

visions of the Roads Act 1884." l

55. For all purposes relative to the comyei~sat.ion to which any Applioation of h t s.

lessee, occupier, or other person shall be entitled by reason of such resumption, " The Lands Clauses Cousolidation Act " and the Acts extending or amending the same shall be incorporated with this Act; and the expression promoters of the undertaking," when used in the said Acts, or any of them, shall mean the Commissioner of

Crown Lands, and Special Act " shall mean this Act.

56. The lands described in Schedule C hereto shall not be Landsin Schedule E

reckoned in the computation of the maximum amount of land nOtmckOn*ea.

limited by any statutes in that behalf which the Governor is

empowered to grant foi educational purposes, but the Governor may

make grants to the extent of such maxinlum as if the lands

described in the said Schedule had never been so granted.

(g ) Miscellaneous.

67. Section 85 of the principal Act shall be read and construed SW. RE of principal

as if the words " on the first day of the then current month " had

"been inserted in the twelfth line of that section in lieu of the words

at any time during the previous two months."

58. Every lease under Part 11. of the principal Act shall contain ~ e m m t i a n of

a reservation to the Crown of all gold, silver, copper, tin, or metals,	minerals, p m o w
ores, minerals, or substances containing metals, and all gems and precious stones, and all coal and mineral oils in or upon the leased lands,

69. E v v

46 53O & 54' VICTORIW, No. 502.

The Crown Lands Amendment A c t. 1 8 9 0.

PAET rrr. - .. . - -- - --

Corpor4tione and SQ. Every Municipal Corporation or District Council shall be

Dietriot Coulicils may

a ply for kwim under competent to become an applicant for and lessee under any lease to

.	of P	be issued under Part Ir. of the principal Act.
A&.

Truetsesand emu- $0, If any person having a right to surrender any lease or

tom, Power8 of. agreement in exchange for a lease with a right of purchase, or for a perpetual lease, under Part 11. of the principal Act, shall die, or be adjudicated insolvent, or execute any stahtory deed of assign- ment for the benefit of his creditors, the executors or administrators of such person, or the trustee or other person in whom such lease or agreement shall vest under his will, or by virtue of such insolvency or deed of assignment, may exercise all powers of surrender and exchange, and incidental thereto, which such person could have exercised before his death, or adjudication, or the execution by him of the said deed, as the case may be,

Repeal of section 22 $1, Section 22 of " The Forest Trees Act, 1878," is hereby

of The Forest Trees

Act, 1878."

lmpro~ements made

under miscellaneous 62. On the expiration or sooner determination of any miscel-

leasee for sab manu-	laneous lease heretoforc g1 anted, or hereafter to be granted, for or in
facture t* be	connection with the collecting, procuring, or manufacture of salt, or
and pro:eeda plud
lasaoe.	gypsum, all buildings, tanks, machinery, and appliances (if any) built or erected by the lcssee, and being on the land leased, shall, together with the new lease of the land, be offered for sale at auction for cash, and the amount (if any) at which such buildings, tanks, machinery, and appliances shall be sold shall (unless the outgoing lessee be the purchaser) be paid by the purchaser to the Commis- sioner, and by ilim to t he outgoing dssee. *

Eegulationamaybe 63, The power of making, altering, rescinding, varying, and

made.	amending regulations, and imposing penalties conferred by the
principal Act, shall extend to all such regulations as may be necessary and requisite under this Act, and which, in the opinion
of the Governor, may appear necessary or advisable for regulating-

( a ) The meetings and psoceedings of Land Boards:

( b ) The making and dealing with applications, fixing of rents ar purchase-money. determining of areas and boundaries, the making of valuations, re-valuations, or surveys, and the conduct of arbitrations, under this Act:

(c) The form and contents of notices, applications, leases, licences, and all other instruments and documents, and the mode and time of exccuting, serving, or delivering the

same, and a11 other matters and things incidental thereto:

(d ) The examination of applicants, witnesses, and other persons:

( e ) Surrenders, exchanges, resumptions, and forfeituns:

( f ) The atocking of	lands:
(9) The imposing of	penalties: ( h ) The

53' & 54G VICTORM, No. 502.

The Crown Lands Amendment Act.-1890.

(h) The time and manner in which any act, deed, matter, or - PART 111.

thing required by this Act to be done, and as to which no

time or procedure is provided, is to be done or performed:

(i) Fees to be paid :

(jl All other matters and things arising under and consistent

with this Act not herein expressly provided for, and uther-

wi'se 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.

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

- this Bill.

KINTORE, Governor.

SCHEDULES.

No.

Zb Crown Lands Amendheat Act.-1890. - --

SCHEDULES.

SCHEDULE A

Leases for Grazing and Cultivation.

Miscellaneous Leases for Grazing or Cultivation.

Selectors' Leases.

Scrub Leases.

Ten years' Leases with Right of Purchase.

SCHEDULE B.

Crown lande situated upon Thistle Island, Flinders Island, Spilsby Island, and

Wedge Island.

SCHEDULE C.

All that strip of land of the uniform width of two chains situated in the hundred of Wandearah, being the eastern portions of sections 6, 7, 147, 146, and 8, known as Council of Education lands, and abutting on the road there forming the wwtern boundary of seetions 9 and 150.

h%ddde : By authority, C. E. BRISTOW, Gto~ermment Printer, North-terrace.