Crown Lands Act 1893 (SA)

ANNO QUINQUAGESLMO SEXTO ET QUINQUAGESIiMO

SEY TIMO

A. D. 1893.

No. 584.

An Act to amend the Crown Lands Acts of 1888,

1889, and 1890, and for other purposes.

[Assat ten' to, December 23d, 1893.1

E it Enacted by the Govcrnor of the Province of South Aus-

and IIouse of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

PART I. PART I.

PRELIMINARY.

1, This Act maly be cited for all purposes as " The Crown Lands Short title and

Amendment Act, 1893." This Act, " The Crown Lands Act, 1888," hcO'pOratbnm

1 the Crown Larids Amendment Acts of 1889 and 1890,

which arc refkrred to in the thlc as the Crown Lands Acts of 1888, 1889, and 1890, shall be read and construed together as forming one ,4ct.

2, This Act is divided into seven parts, relating to the following Division of A C ~ into

subject nlattcrs :- parts.

PART I. -Preliminary:

PART 11.-Central Land Board:

PART 111.-Lands	subject to Mineral Reservations:
PART rv.-Lands	for Homestead Blocks, and Loans to Block:

holders:

PART v.- Right of Purchase and Perpetual Leases:

A-584 PART

56" & 57' VICTORIE, No. 584.

The Crown Lands Amendment Act.Al893.

PART v 11.-Village Settlements.

Repeal. 3, Section 31 and Schedule D of the principal Act; section 37 of "The Crown Lands Amendment Act, 1889"; and section 40 and Schedules A and B of " The Crown Lands Amendment Act, 1890," are hereby repealed so far as relates to surrendered leases on which the lessee had resided; Section 12 of Act 217 of 1881 is hereby repealed; but this repeal shall not affect any right, interest, or liability already created, incurred, or existing, nor anything lawfully done or suffered under any enactment hereby repealed; and any proceeding in respect of any such right, interest, or liability may be carried on as if this Act had not been passed.

Interpretationclause. 4, In this Act, unless wherc the context requires a different

construction-

C L Principal Act " means '' The Crown Lands Act, 1888 ":

Homestead block " means a block of land the lease or leasing of which is limited to a person gaining his livelihood by his own labor.

Land Board " means the Land Board for the district in which the land is situate; or if the land is not within any Land Board district, then such Land Board as the Commissioner shall select:

Prescribed " mcans prescribed by any Crown Lands Act or

regulation.

PART 11.

CENTRAL LAND BOARD.

Governor may 5, It shall be lawful for the Govcrnor to appoint a board, to be

appoint Board, con-

slating of three civil called " The Central Land Board." Such board shall consist of

aervants. three members, all of whom shall be civil se~vants.

Term of office. 6, Members shall hold office for twelve months from date of

appointment, and shall be eligible for reappointment.

Quotum and casting

vote of chairman.	7, Any two members shall form a quorum, and may exercise all the powers and authorities vested in the board. I n case only two members are present the chairman shall have a casting as well as a deliberative vote.
Chairman to be
appointed by Com-	8, The membcr nominated by the Commissioner in that behalf shall be chairman, but in his absence from any meeting one of the members present may, with the concurrence of the other member, act as chairman; or fiiiling such concurrence the Commissioner may appoint the chairman.
missioner.

9. (a) It

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The Crown Lands Amendment A c t. 1 8 9 3.

9. ( a ) I t shall be the primary duty of the Central Land Board P A ~ Ir*

to meet daily, and forthwith deal with all applications, and other Powers and duties of

matters, which may be referred to it by the Commissioner.	Board.
( b ) In respect of the matters so referred, the Central Land Board shall have and perform all the powers, duties, and authorities by any of the Crown Lands Acts vested in or conferred or devolving upon the Land Board.
(c) No application for st lease of any land shall be referred to the Central Land Board until the Commissioner has received from the Land Board a report that such land had been declared open for
leasing, but had not been allotted; nor shall the Central rJand
Board be required to classify, or dccide upon the sub-divisions, rent, or purchase-money of any Crown Lands prior to their being declared open for leasing, or to deal with applications for the surrender of leases of lands reserved for leasing or with applications for transfer.

PART 111.

1,ANDS SUBJECT TO MINBRAL RESERVATIONS.

10. In all cases where metals, mineral oils, coal, or any other minerals whatever shall hereafter be reserved to the Crown	Mineral reservations
tantamount to
procla~nation of
under any Act relating to Crown lands, now or formerly in	notice of resumption,
mineral lands, and
force, in any grant, agreement for sale, or lease of any land,	&C., unnecessary.
such land shall, after proclamation to that effect in the Gouern-
mew! Gazette, be deemed to be mineral land, and it shall be
lawful for the Co~nniissioner to grant mineral leases, and to issue general or specific mineral licences, under the principal Act in respect of such land, or any part thereof, without any previous rcfi~mption or notice of resumption thereof, any thing in any of the Crown Lands Acts to the contrary contained notwith- standing: Provided that thc provisions of this section slrall not extend to any garden, orchard, or vineyard, churcl~, chapel, sclmol- house, hospital, asylum, college, or grounds enclosing the same, or	to any park lands or recreation grounds vested in any Municipal	Corporation or District Council, or othrr public body or trustees, or
to any land of less area than half an acre within any city or town- ship, or to any land within three hundred yards of any well, artificial reservoir, dam, dwelling-house, manufactory, or building of not lcss than Fifty Pounds value.
11. The owner, lessee, or other person o ~ l t of whose land such reservation shall be made shall be entitled to compensation,	damage to surface of
Compensation for
land or buildinge.
from the Commissioner.. for all damape done to the surface of the land, or to any buhding or other eGction then being thereon, by any mining operations carried on by the mineral lessee or licencee, or by reason of the exercise by him, his agents or servants, upon the land, of any powers, rights, or privileges conferred by such lease or licence; the amount of such coinpellsation, in case of dispute, to bc determined by the Land Board, or at the option of either the Commissioner or of the owner, lessee, or other person, as provided for by section 170 of the principal Act. PART

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The Crown Lands Amendment Act.-1893.

PART IV.

HOMESTEAD BLOCKS, ACQUISITION O F LAND FOR.

Expression G Blocks

for working men " 12, The expression 'c Blocks for working men " in all Crown

superseded by Lands Acts, leases, and regulations is synonymous with, and shall be

Homestead Blocks." deemed to be supcrseded by, the term Honiestcad blocks."

Persons moving Com-

missioner to acquire 13, Before proceeding to acquire any land for the purpose of

ands to pay deposit.	homestead blocks, under section 43 of Act No. 502 of 1890, the Commissioner shall require every person qualified, and declaring his intention to become the lessee of a honwstead block, to enter into a n undertaking that in the event of thc land bcing acquircd hc will forthwith apply for a homestead block, portion of such land, of the value of not less than Twenty Pounds; and the Cornmissioner shall also require such person to deposit n it11 him, before the schedule of the lands is laid before Parliament, an amount equal to five per centum of such value.
If the lands shall not be acquired within three months from the date rjf the undertaking, the deposit shall be returned to the depositor; but in any othcr case shall bc credited to him as against the rent or purchase money of the block so to be applied fbr, but if
a n y person making the deposit fails to apply pursuant to his under-
taking, his deposit shall be forfeited.

LOANS TO BLOCKHOLDEItS.

Loans may be made

to blockholders for 14, I n addition to the purposes for which advariccs may be niacle from the f ~ ~ n d in that Act mentioned to aid blocliholders in the making of improvemeiits which yermanen tly increase the capital value of the land.

permanent	improve -	ta blockholders under Act No. 5 15 of 1891, advances may be made
ments.
The improvements may consist of clearing the land, or fencing the same, erecting, or making thereon, pcrmaneut water improve-
ments, such as dams, wclls, tanks, matcr-coui*scs, winclmills, and the
like.

Loans not to exceed,	15, The advances so to be made to any blockholder shall not
with interest, Fifty

Pounds. exceed one half of the d u o of such improvements; and the amo~xnt owing to the Commissioner by any blockholder for moneys advanced on account of buildings, or any such improvements as aforesaid, with interest, shall not at any time cxceed in the whole Fifty Pounds.

A ~ ~ l i c ~ t i o n s, how to l&

Every application for an advance under this Act shall be made in writing to the Commissioner i11 a forin to be prescribed by him, and shall be supported by the report of the Inspcctor of Homestead Blocks, or other officer appointed by the Commissioner

be made.

for this purpose, and by such vouchers, statutory declarations, and

other evidence, as the Commissioner may require.

17, Every

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The Crown' Lands Am,endmen t Act,--- 1893.

17, Every blockholder on obtaining any such advance shall

enter into an agreement with the Commissioner in a form analagous Blockboldem

to that contained in Schedule B to ,4ct	No. 515 of 1891, with such	obtaining
advanccs to sign

alterations and additional tcrms and conditions as the Commissioner	agreement.
shall think necessary.
18, Urllcss where inconsistent with this Act, the provisions of Act Nu. 5 15 of l891 shall apply to advanccs a~zthorised	of 1892 to apply to
Provisions of Act 615

by this Act, advances authorised

and the re-payment thereof, wit11 interest, and the consequences of	by this Act.
any non-payment thereof, or of breach of the agreement mentioned in the next preceding section, in like manner as if such advances were made pursuant to that ,4ct.
19. So long as any principal or interest moneys remain owing to the Colnrnissio~m by any blocklioldcr in respect of advances	Blockholder not to remove, destroy, or
injure improvements
madc undrr Act 515 of 1891, or this Act: i t shall not bc lawfix1 for	while nlorlcy s owing
the blocliholder to pull down or remove fkom thc land, or know-	in respect of advances.
ingly suffer to be pulled down or removed, or wilfully or knowiilgly destroy, damage, or injurc, or s~lffcr to be destroyed, damaged, or injured, any per~nanent building, erection, or water improvement erictcd o~ made upon the block, without the consent of the Com-
against the provisions of this scctioi~ shall forfeit his lease, and rJ	mission~r in writ,ine first had and obtained: 14ny person offending
shall bc guilty of a misdeineanor, and punisllablo, on conviction, by imprisonment, with or without hard labor, for any term not exceed- ing two years,

PAR'l' V.

RIGII'L' O F PURCH,ISE AN11 PERPETUAIJ LEASES.

20. Notwithstanding anything contained in any of the Crown Limilntion of hold-

Lands Acts, 110 leasc with right of ~surchilse, or pcrpetuill leasc, lngg with right

purchase.

shall hereafter be granted to any person of lands of such value that the purchase-money mould exceed Five Thousand Pounds

unimprovcd valw; or so that the lessee would hold, under right of

purchase, or under perpetual lease, or both, lands the aggregate

unimproved value whereof would, in the opinion of the Laud Board,

escced Five Thousand Pounds.

21, (l) h l y person at the passing of this Act holding any lailds Educational lcage

dedicated or granted by way of endowment for education, thc lease exchangedfor per-	petud lease.
whereof shall have been graritccl prior to the passing of the principal Act, may apply to the Commissioner for permission to surrender his lcase in cxchangr: for a perpetual lease.
(2) Every application shall be dealt with in the manner prescribed by sections 39 and 40 of the principal Act, arid a perpetual lease shall be granted to the applicant subjecting the lessee to pay yearly in additiln to the rent reserved by such lease a sum equal to the land tax if the land tax arere payable upon the land included in his leasc, but not more than one thousand acres of land which, in the

opinion

6 56" & 57' VICTORIW, No. 584. - - -

The Crown La~zds Amendment Act.-1893.

PART v.

opinion of the Land Board is fit for cultivation, shall be lemed to any

applicant pursuant to this section.

(3) No application shall be granted under this section which if granted would cause the applicant to hold under any tenure lands (except city and township lands) the unimpsored value of which exceeds Five Thousand Pounds sterling: Provided that it shill not be obligatory for the Land Board to allot to any lessee the whole or any portion of the land surrendered.

Surrender of agree-

ments and leases. 22. Within two years from the passing of this Act any person

holding lands under any of the Crown Lands Acts under agree- ment for purchase, or under lease with a right of purchase, or under perpetual lease, or under lease issued on the surrender of any agreement for purchase, or under agreement for leasc of lands reserved for leasing, may apply to the Commissioner for permission to surrender his agreement or lease for a perpetud lease and at a fixed rent, subjecting the lessee to pay pearly in addition to the rent reserved bv such lease an amount equal to the land tax which would be payable upon the land included in his lease if the land were subject to the land tax. Every application shall be dealt with in the manner prescribed by sections 39 and 40 of the principal Act; but the rent reserved by the lease to be granted in exchange for a surrendered lease shall in no case be less than the rent covenanted to be paid undcr the original lease.

ofrevalua- 23. A11 perpetual lcascs which shall suhjec t the lessees to

tion as to future per-

aetual leases. liability for a sum equal to the land tax in addition to the rent reserveh by the lease, or which s l d l be granted after lands held under perpetual lease sllall have been made subject to the land tax shall be exempt from the provisions of all Crown Lands Acts relating to the rcvaluation of rent; and the rcnt originally reserved shall be payable during the whole of the term, with the addition aforesaid.

1,essee of certain 24. ( a ) The lessee of any land helJ under a lease for gruzing

forest lands may sur-

render lease for and cultivation and grazing only heretofore granted under Part V. of

perpetual lease under " The Woods and Forests Act, 1882," may, with the consent of the

Part If. of pr~ncipal

A C ~.

Commissioner, surrender his lease for a perpetual lease under Part

11. of the principal Act.

( b ) The land to be comprised i n any pcrpetual lease of "forest land so to be granted shall be land which, in the opinion of the Land Board, is fit for cultivation, and shall be in one block, and limited to two hundred and fifty acres.

(c) The procedure in relatiou to any such surrender shall be

similar to that prescribed in the case of the surrender of a lease with

right of purchase for a pcrpetual lease under this part of this Act.

Upon any such surrender a i d perpetual lease being executed as to lands vested in the Commissioner of Woods and Forests, the lands affected shall revert to the Crown, and cease to be vested in

such Commissioner. 25. Any

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The Crown Lands Amendment Act.-1893.

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25, Any waste or Crown lands, or any lands set apart, dedi- PART v.

cated, or reserved for any of the purposes mentioried in section G of The	may
the principal Act, except lands dedicated under the provisions of mako emchangca of

sub-section ( d ) of the said section, may be exchanged for any other land.

lands in the province, subject to the f;lloruing:

jn) The Comrnissioncr shall cause plans and a valuation to be made of the lands proposed to be given and of the lands proposed to be taken in exchange:

( h ) A report on the proposed exchange shall be obtained from

the Land Board:

( c ) Such plans, valuation, and report, together with a statement of the terms of the proposed exchange shall be laid before both Houses of Parliament for fourteen days, and resolu- tions approving of' such exchange adopted.

After the expiration of such fourteen days the lands proposed to be given in exchange may be granted for an estate in fee simple, or a perpetual lease, or such lesser estate as may have been agreed upon.

26, I n all cases in which lands given in exchange were set apart, dedicated, or reserved for purposes, the lands taken in ex-

Lands acquired by

tho Govcrnmerlt to be

dedicated for eame

change shall be set apart, dedicated, or rcservcd (as the case may be)

purpoees (if any) ae

for the same purposes,

lands alienated,

27, If any land acquired for the purpose of working men's

Land not taken up as

working men'a

blocks shall not be taken up as such within three ycars after being	blocks may be let on
so acquired, the same may be let on niiscellaneous lease.	leaae.

PA.RT VI.

MISCELLANEOUS.

Xeductions and Renzissio?zs.

28, It sl~all be latvful for the Commissioner, on the recom- mendation of tho J,and Board, or of the Central Land Board, to

Reductions and

rcrni&na of rent and

pumhase-money of

reduce thc rent and purchase-money, and to reduce or remit any

certain lands

arrears of thc rent and purchase money payable in respect

authorised.

of any land described in Part I. of the Schedule to this Act, and held urider any of the leascs specified in Part 11. of that Schedule. Any person holding land undei any tenure may surrender any por- tion of such land as the Land Board may recommend, and subject to the consent of the Commissioner. A return of all such reductions

and rernissions, with the reasons therefo~,	shall be annually laid
before Parliament.

All reductions or remissions heretofore made, and which would be lawful if made after the passing of this Act, are hereby validated and confirmed.

Leases

56" & 57" VICTORIE, No. 584.

The Crown Lands Amendment Act.-1893.

PART YI. Lemes for G~axin,q and Oultivntl.'on,

Amendments of

sec. 1 18 of Act 29, Every miscellaneous lease existing on January first, one

444 of 1888.

thousand eight hundred and ninety-three, o-r granted since, under any of the Crown Lands Acts for grazing and cultivntion purposes, or grazing purposps only, is hereby ileclared to have bren lawfully granted; and every such lease which has been contracted to be granted on the condition that the land thereby demised should be resumed if required for any purpose of public utility shall he read and construed as if such cor~ditioli was actually inserted therein, and in lieu of any absolute power of resumption that may have been inserted therein.

Miscellaneous leases

to t e allotted by 30. I n the case of miscellaneous leases for grazing or grazing

Land Board. and cultivation which shall be granted after the passing of this Act, the land shall be allotted by the Land Board instead of the leases being offered for sale by auction.

Amendmentofsection	31, The words	within twelve months from the sixth day of
48 of Act of 1890.

December, one thousand eight hundred and ninety" in section 48 of The Crown Lands Amcndrnent Act, 1890," arc hereby repealed.

Amendment of sec-

tion 61 of Act of 32, The words " within twclve months from the passing of this

1890,	Act" in the ninth line of scction 51 of	The Crown Lands Amend-
ment Act, 1890," are hereby repealed.

Amendwmts : Perzalties ancl Regulations, &c.

Minerals and metals

removed under 33, Any minerals or metals removed by the holder of a nlincral

licence, with the consent in writing of the Commissioner, as pro-

,ti, l,,,,fthe

principalActt0

become the licencee's	vided in section 106 of tllc principal Act, shall be thc absolute
property.	property of such liccncec.

Compensation on	34,	I n all cases of the reslimption of land under section 30 of
resumption of land

for other than mining the principal Act, the lessee shall be entitled to compensati on from

purpgscs llnder of prlnclpal Act. So the Commissioner for any loss sustained by reason of s w h resump-	see sec. 31. of A C ~ tion.	Thc amount of such compensation shall in case o f dispute be determined by the Tsnd Board, or at the option of the Com- mission~r or lessee, as providcd for by section 1 7 0 of the principal
4441%.
Act: Provided that nothing in this clause shall affect thc pro- visions of any lease heretofore gmnted.
Amendment of sec.
139 of Act 444 of	35. Thc right of purchase given by section 139 of the principal Act is extended to leases of honlcstead blocks granted under the Acts Nos. 363 of 1885, 393 of 1886, or the principal Act; but nothing in this section contained shall confer a right of purchase in respect of any homestead block situate within a radius of ten miles of the General Post Office, Adelaide.
1888.
Declarations,

be made. 36. All declarations to be made by any person under any of

the Crown Lands Acts may be made before a member of the Land Board, or of the Central and Board; or before a Justice of the

Peace,

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The Crown Lands Amendment Act.-1893. p ---p.p-

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Peace, notary public, or commissioner for taking affidavits in the

Supreme Court of the province.

Penalty for false

37. Any person wilfully making a false declaration shall be declarrrtion.

guilty of perjury, and on conviction may be imprisoned, with or without hard labor, for any period not exceeding four years; and any lease or liccnce under this Act obtained by means of any false declaration shall be liable to forfeiture at the option of the Com- missioner.

Powers of district

38, The authority and powers conferred upon Crown lands council rangera.

rangers by section 3 of Act No. 8 of 1863, and by Part X. of Act 444 of 1888 are also conferred upon and may be exercised by any district council ranger duly appointed by the couricil within the district in respect of Crown lands, roads, or reserves under the control of the council, and a11 penalties incurred within the district, and recovered at the instance of the council or by the district ranger, or any other person authorised by t,he council under the provisions of Part X. of the Crown Lands Act of 1888, shall bc paid t o the council and form part of the district council fund.

Educational lsnds to

39, Section 24 of "The Education Act, 1875," is hereby revert to Crown under

repealed, and all lands heretofore granted to the Minister Con-

same trust.

trolling Education pursuant to the said section, or grauted, reserved, or dedicated by way of cndowrnent f o ~ ectucation, shall rcvcrt to Her Majesty, subject to any existing leases, and such lauds shall henceforth be let on perpetual lease, and dealt with under the pro- visions of this Act: Provided that nothing i11 this section sliall alter the purpose for which any land ,shall have been reserved, dedicated, or granted pursuant to the said section, or affect ttlr application of the income thereof.

40, The power of making, altering, rescinding, varying, and Negulations.

amending regulations and imposiw penalties, conferred by the principal Act, shall rxtcnd to air such regulations as to the Governor may appear necessary or advisable for regulating-

(a,) The meetings aild proceedings of the Central Land Hoard:

( h ) The making and dealing with applications, fixing of boun- daries, areas, rents, and purchase-money, and the making of vnluations and surveys under this Act:

(c) The form and contents of notices, applications, lenses, licences,

and all other instrulrieilts and documents; the mode arid

time of executing: servirrg, or delivering the same:

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

(e) Surrenders and forfeitures:

If) The imposing of penalties: p-as4 (d T ~ Q

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The Crown Lands Amendment Act.-1893.

PART vx. (g) The time and manner in which any act, deed, matter, or thing

required by this Act to bc done, and as to which no time

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

(h ) Fees to be paid:

(i) All other matters and things arisingunder and consistent with

this Act not herein expressly provided for, and otherwise

fully and cffectually. carrying out and giving force and effect to the varioua objects, purposes, powers, and authorities of this Act, and guarding against evasions and violations thereof.

PAIW TII. PA.RT VIT.

VILLAGE SETTLEMENTS.

Companr'ea not to 41.

'' The Companies Act, 1892," shall not apply to any association formed under this part of this Act, and no such association shall be capable of being registered or amalgamated with any compnny registered under such Act.

apply

Formation qf Association.

F ~ r m a t i o n o f A s m i a - 42.

Any twenty or. more persons of. the age of eighteen years or upwards, may, by subscribing their names to a niernorandum in manner prescribed, form an association for the purpose of village settlement under this part of this Act.

tion.

Villager. 43, In this Act “villager" means a member of any such associrt-

tion.

Registration. 44, The memorandum, together with a copy of the rules of the

association, subscribed by every villager shall be lodged with the Commissioner and, if approved by him, slid1 be numbered and filed in the office of the Commissioner, and thereupon the association

shall be deemed to be registered.

Name.

45. Every such rcgistcred association shall be distinguished by a

name denoting the locality of the proposed village, and be called

The Villagc Association."

Incorporntion of

Association. 46. Every such registered association shall be a body corporate,

with perpetual succession and a common seal, arid the right and	'
liability to sue and be sued.

Prockunmtion of T7illage.

Proclamation. 47. Upon any association being registercd the Governor, by Pro- clamation, niay set apart a portion of Crown lands of sufficient area to provide not exceeding one hundred and sixty acres for each villager, and all such roads and reserves as the Commissioner shall think necessary: Provided that no portions of Crown lands used as travelling stock roads or aboriginal reserves shall be so set apart without the consent of Parliament. 48, The

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T%e Crown h z d s Amendment A c t. 1 8 9 3.

48. The Proclamation shall set fort.11-	--p PART V ~ I.
Contents of I'rocla-

(a) The name, situation, and boundaries of the village: nintion.

( b ) The names or number of the villagers and the names of the

trusterls of the association:

( c ) The maximum area of land to be allotted to each villager.

(d ) The nature and aggregate value of the improvements to be made on the land, and the periods within which the same arc to be made:

( e ) The rent per acre:

(%f) Such further particulars or conditions as the Governor shall

think fit.

49. The lands so set apart shall constitute :L village. Village.

50. The Governor by Proclamation may increase, decrease, or Arcs rind boundaries-

alter the area or boundaries of m y village, hut so that the area provided for each villager shall not be ttltered without the written consent of all the villagers.

51. Upon any village being proclaimed the Govenior may grant Lease to association.

to the association a perpetual lease thereof.

52, Such lease shall be prcpared by the Commissioner, and be Execution of lease.

executed by the association within the time and in manner pre-

scribecl.

53. The annual rent to IIC reserved by any- such lease sliall be Rant.

that fixed by the Proclamation, after report by thc Land Box~d, but no rent shall be payable under any such lease fo r the first year of

the term.

54, Every such lease shall contain covctlants 011 the part of the Covenants.

association-

(1) That after thc first six months from the date of the lease

one-half at least in number of the villagers shall resicic

upon and utilise the land in manner prescribed:

(2) '1'0 pay in advance the rent reserved:

(3) To pay all rates and taxes, including land tax:

(4) That every year during the first ten ytars from the dntc of the lease the sum of Two Shillings per acre at least shall be expended in iinprovements upon the land:

(5) To keep in repair to the satisfaction of the Commissioner all

improvements erected or made upon the land:

(6) That

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The Crown Lands Amendment Act.-1893.

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YAXT VII. (6) That the land, or any part thereof, shall not be sublet or

disposed of to any person other than a villager:

(7) All such covenants, conditions, and reservations as may be

prescribed, or as to the Governor shall seem expedient.

55. Improvements " for the purposes of this part of this Act

shall mean substantial and permanent improvements, consisting of buildings, fencing, dams, tanks, wclls, or rcservoirs, or clearing, or drainage, or irrigation works.

Labor of villagers.

56, The labor of villagers employed in ma.king improvements

on the land may be taken into account in computing the amount

expended in making such improvements.

Determination of

57. The Governor may, by Proclamation, rescind the Proclama- tion of any village, and determine any lease granted under this part of this Act, if the conditions of the lease shall not be well and faithfully observed and performed to the satisfactio~i of thc Com- missioner, or if thc number of villagers shall by death, retirement, or othcrwise be reduced by one-half.

lease.

Posseseion.

58, Inimediately after the lease shall be executed the villagers may enter into possessiorl of the village.

Lease not assignable. 59, No such lease shall be capable of being assigned, mortgaged,

or encumbered in any manner howsoover.

Advances to Associations.

Advances to associa- 60,

The Commissioner, out of any funds provided by Parliament, may make advances to registered associations, not exceeding in the aggregate to any one association the sum of Fifty Pounds for cvery villager, and not exceeding one-half the cost to the association of the improvements thereon.

lion.

61. Such advances may be made only for the purpose of pro-

viding tools or material or making payment for improvements.

Repayment of 62, All such advances shall bc rcpaid to the Commissioner by

advances. ten equal annual instalments, with interest computed at the rate of five per centurn per armurn on the moneys for the time being remaining unpaid. The first of such instalments shall be payable a t the expiration of three years from the date of the advance.

Mallagemen t q f' Sett bemen t.

Management of 63. Subject to this Act and to the ~ules, the affairs of every

settlement.

association shall be managed by a board of not less than three trustees (one of whom shall be chairman), to be elected by the villagers in manner prescribed by the rules.

Trustees.

64, The names and descriptions of the first trustees shall be

stated in the memorandum to be lodged with the Commissioner,

tmrsuant

56" & 57' V I O R f &, No. 584.

The Crown Lands Amendment Act.-1893.

pursuant to section 42, and any change of trustees shall be

PART V*I.

immediately notified in writing to the Commissioner by the chair-

man in manner prescribed.

65. The division and allotment of the land in the village for the Allotment of land.

purpose of possession and user, during the continuance of the lease to the association,and afterwards for the purpose of distribution, shall be decided by the trustees; but no villager shall be allotted a larger area than the maximum prescribed in the Proclamation.

66. The surveys necessary for the subdivision of the settlement, Surveys.

in accordance with the alloknent of the trustees, shall be made by

the Surveyor-General at the expense of the asssociation.

67. Any process or document served upon a trustee of an Service of process.

association shall be deemed to have been duly served upon the

association.

68. No villager during the continuance of the lease to the No separate interest.

association shall have any separate interest or property, other than the right of possession and user of the part allotted to him, in any land within the village or in any improvements thereon.

69. The moneys owing to the Commissioner by any association Advances to be &St

shall be a first charge on the assets of such association in priority to

all other creditors.

70. The villagers shall be jointly and severally liable to the Yillagers -ointlp and

Commissioner for the due repayment of all moneys advanced by severaUy !liable.

the Commissioner for thc purposes of thc association, and for the due

observance and performance on the part of the lessees of all the

covenants and conditions of the lease.

71, The several liability of each villager shall not exceed an Several liability of

amount to be ascertained bv dividing the total liability of the vdlager.

association by the number of-the villagers at the time when such

liability was incurred.

Rules oj ' Association and Villagers' Leases.

72. The rules of every association shall provide for the manage- Rules.

ment of its affairs for the common benefit of the villagers upon

principles of co-operation and equitable division.

73. Such rules shall not be filed or acted upon until after they To be approved by

Commissioner.

have becn submitted to the Commissioner and his approval in then sitting, and if Parliament is not then sitting, then within four- teen days from <the first meeting of Parliament. And if any such rules are disapproved of within fourteen days after being so laid before Parliament by a resolution of both Houses of Parliament, the rules so disapproved shall have no force or effect after such

writing has been indorsed thereon, and they shall be laid before

disapproval. 74. such

56" & 576 VICTOKILE, No. 584.

The Crouin Lands Amendment Act.-1893.

PART vrl. 74. Such rules shall provide for the following matters :-

Mattere to be pro-

vided for. (1) The election of trustees and the period for which they shall

hold office:

(2) The powers and duties of the irustees:

(3) The retirement mld expulsion of villagers from the associa-

tion:

(4) The admission of additional and of new members in the place

of deceased, expelled, or retiring villagers:

(5) Meetings of the asssociation, which shall be held oncc at

least in cvery half year, and the proceedings and voting

thereat:

(6) The proper keeping and audit of the accounts of the associa- tion and the rendering of half-yearly -reports to the mem- bers and to the Commissioner:

(7) The apportionment of the work of the settlement among the

villagers:

(8) The employment of the funds of the association:

(9) The declaration and payment of' dividends, or other division

of the profits of the concern:

(10) The appointment and dismissal of all necessary officers and

servants:

(1 1) The establishment, management; and control of trades and

industries within the village:

(12) The making of new rulcs, and altering and rescinding of

the rules of the association.

Rules not to be

repugnant to law.

75, No such rule shall be repugnant to this or any other Act

of the Legislature of the said province, or to the gencral spirit and

intendment of the laws in force in the mid province.

Penalty.

76, The rules may provide a penalty riot exceeding Ten Pounds for any breach or non-observance thercof by any trustcc or villager, in addition to or in lie11 of any other forfeiture thereby provided.

Arbitration. 77, All disputes of a civil nature between vilkl-lgers arising out

of the affairs of the association shall bc settled by arbitration and umpirage of any three or more villagers not parties to such disputes in manncr provided by the rules.

Common f ~11a.	78, The rules may requirc payment to a common fund, or otherwise as may be determined, of all or any part of the earnings of the villagers whether earned within the village or elsewhere.
Association may be
diseolved.	79. The rules may also provide for the dissolution of the asso- ciation and for division of the land and assets of the association between the villagers. 80. If
80.

If the rules provide for dissolution of the association, then at the time appointed for the dissolution, if the advances made by the vilLgerB9 PART YII.

leases.

Commissioner to the association have been repaid, and all rent and interest moncys have been paid, and the conditions of the lcase complied with to the satisfaction of the Conimissioner and the liabilities of the association discharged, the Governor may cancel the leasc to the association, and may grant to the villagers entitled thereto in accordance with such division perpetual leases, herein- after called " villagers' leases," The area leased to any villager under a villagera' lease shall not exceed the maximum limited by the Proclamation.

shall, except as provided in section 83, contain the like covenants covenants. 81. Villagers' leases shall be prepared by the Commissioner, and Conditions and

and conditions as are prescribed for perpetual leases granted under Part 11. of the principal Act, and shall be executed within the time and in manner prescribed.

82. The rent reserved by rt villager's lease shall be at the same Rents.

rate per acre as was payable under the perpetual lease granted to

the association.

subject to revaluation for rent, but every such leasc shall contain a liabilitr for tax. 83. No lease granted pursuant to this part of this Act shall be Norevaluation, but

covenant subjecting thc Zessce to liability to pay ycarly in addition to the rent reserved by such lease an amount equal to the land tax, which would be payable upon the land included in his lease if the

land were subject to the la~ld tax.

84, Upon the villagers' leases being duly executed, the Gover- Association how

nor, by Proclamation, may dissolve the association, and thereby the dissolved.

villagers shall be released from all liability exccpt ~mder the villagers'

leases, and thcreupon any portion of the land comprised in the village,

but not included in any villager's lease, shall be deemed to be Crown

lands.

85. The rules of every association shall bc published in the Buleatobe gazetted.

Government Gazette, and shall have the force of law unless and until disapproved of by a resolution of both Houses of Parliament.

86. Every villager shall be supplied by thc association with a Rules to be supplied

copy of the rules of the association. to villagers.

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

this Bill.

S. J. WAY, Lieutenant-Governor.

56" & 57' VICTORIE, No. 584.

The Crown Lands Amendment Act.-1 893.

THE SCHEDULE.

PART I.

1. Land within any hundred.

2. Land for which notice of re~umption has been served, and siluate within an

average of twenty miles from the eastern boundaries of the hundreds of King, Rees, Tomkinson, Ketchowla, Hardy, Nackara or Paratoo; or within twenty miles from the eastern boundary of the hundred of CVaroonee; or within ten miles from the northcrn boundaries of the hundreds of Waroonee, Minburra, and part of thc Yalpara; or within eleven and one-half miles from the western boundary of the hundred of Woolyana; or within nine miles from the western boundary of the hundred of Barndioota; or within nine miles from the north boundary of the hundred of Forrest; or lying to the east of the hundred of Forrest, of an average width of ten miles, and extending northward from the northern boundary of the hundred of Rounsevell to

the county boundary of Rob' inson.

3. Land situate on either side of the line of railway between Murray Bridge and the eastern boundary of the province, and being not more than seven miles distant from such line.

- - - 4. Land situate upon Thistle Island, Flindera Island, Spilsby Island, or Wedge

Island.

PART 11.

Leases for grazing and cultivation,

Miscellaneous leases for grazing or cultivation,

Selectors' leases, Granted before the 8th day of

Scrub lenses, Deccmber, 1888.

Ten years' leasee with right of purchase. I