Crown Lands Act 1898 (SA)

ANNO SEXAG ESIM 0 P R I M 0 ET SEX,4G ESIMO

SECUNDO

A. D. 1898.

No. 705.

An Act to amend the Crown Lands Acts.

[Asseded to, December 23&, 1898.1

it Enacted by the Governor, with the advice and consent of

the Parliament of South Australia, as follows r

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

Amendment Act, 1898," and shall be incorporated with "The poration.

Crown 1,ands Act, 1888."

2. In the construction of this Act, except where the contrary Interpretation

clearly appears-

A-?OS

" Lease " includes agreement for sale upon credit:

' C Lessee " includes credit selector and all persons entitled to the

benefit of any lcasc or agreement for sale upon credit:

b L Commissioner " means the Commissioner of Crown Lands.

3. Any lessee under any Crown lease heretofore granted may, Leases may be surrendered for

before the thirty-first day of December, one thousand nine hundred pe,,,l

and one, apply in writing to tlic Surveyor-General to surrender his

lease for a perpetual lease under the provisions of this Act: Provided Exception.

that nothing in this section shall apply to any lease which is not solely used for pastoral or agricultural purposes, or which, in the opinion of the Cornmissioner, may bc required for sub-division.

4. The Survegodieneral, subject to the approval of the Corn- Rent and mode of obtaining perpetual

missioner, shall thereupon fix the annual rent at which such l,,,,.

perpetual

..

2 61" & 62' VICTORIW, No. 705.

The Crown L a d, Amendment Act-1898.

perpetual lease may be obtained and notify the same to the applicant, and thereupon such applicant, upon surrendering such lease, may obtain a perpetual lease at the rent so fixed, such rent to take effect from the first day of June, one thousand eight hundred and ninety- four.

Conditions of eur- 5.

No person shall be entitled to surrender a lease for a perpetual lease under this Act except subject to the following conditions :-

render.

r. The unimproved value of the land to be included in the per-

petual .lease aud the unimproved value of all other lands held by the lessees under any tenure shall not altogether exceed Five Thousand Pounds, except where the land to be included in the perpetual lease is, in the opinion of the Commissioner, snitable only for pastoral purposes:

11. When the land to be included in the perpetual lease is, in the

opinion of the C~omrnissioner, suitable only for pastoral purposes, the carrying capacity thereof unimproved and of al l other lands held by the lessee under any tenure shall not altogether exceed five thousand sheep.

Unimpmved value, 6,

For the purpose of section 5 the unimproved value of the land shall be determined bv the Surveyor-General, subject to the approval of the ~ommiskionrr of crown ~ a n d s, . aceoding to the actual value, irrespective of the amount of the right of purchase granted in respect thereof.

how determined.

Amehdment of

section 42 of Act No. 7. Transfers may be permitted, pursuant to section 42 of " The

602 of 1890.	Crown Lands Amendment Act, 1890," of any lands suitable only for pastoral purposes if the transferee does not already hold land which together with such transferred land would have the nnim- proved carrying capacity of more than five thousand sheep, and lands held under pastoral lease shall not be included in the com-
Beductiou of rents
putation of lands already held.

and purchaee-money. 8. Any lessee under any lease heretofore granted may, before

the thirtieth day of June, one thousand nine hundred and one, apply in writing to the Surveyor-General for a reduction of rent or purchase-money under such lease, and if a reduction shall be recommended by the Surveyor-General and approved by the Com- missioner the same shall be made, and shall take effect from the thirtieth day of June, one thousand eight hundred and ninety- four, and a memorandum of the reduction shall be indorsed on the lease.

Validating past	Q, All reductions of rent heretofore made by the Commissioner under the assumed authority of any Act are hereby validated although the time for applying for or making the same may have expired before the making thereof.
reductions.

10. Working

61" & 62O VICTORIW, No. 705.

The Crown Lmds Arn&dnse~zt Act,-1898.

-- -p-

Inor- d m@,

10, Working men's blocks may be surveyed, offered, transferred, and held in areas exceeding twenty acres so long as the unimpraved value of the fee simple of such amas shall not exceed One Hundred Pounds.	working men% b l ~ b.
11, The rate of interest chargeable to blockholders is reduced from Five Pounds per centum per annum to Four Pounds per	Reduotion of afiatarelp
on loans to blodc-
holders.
centurn per annum in respect of loans granted since the first day
of July, one thousand eight hundred and ninety-four.

12, Either husband or wife may hold a working man's block, Hueband and wife.

but not both at the same time.

13, Transfers of leases may hereafter be dealt with by the Cen-	Transfers may be
dealt with by Central

tral Land Board on the direction of the C:ommissioner when in his	Land Board.
opinion there are special reasons for such transfers being so dealt
with.

14, After the first day of June, one thousand eight hunclredi and	Applications for
mortgagee need n d

ninety-nine, it shall not be nrcessary to gazette any application for	bo advertised.
permission to mortgage any Crown agreement.

15. The Registrar-Gcncral shall, a t the request of the Commis- make necessary Regi~trar-Osnen)1 to

sioner, make all entries in all register-books necessary or proper to	entries in register&.
be made for the purpose of giving effect to this Act.

1.6, The powers of making, altering, rescinding, varying, and Regulatiaes may be

amending regulations conferred by the principal Act shall extend	made.
to all such regulations as may be necessary and requisite for fully and effectually carrying out and giving force and effect to the
various objccts, purposes, powers, and authorities of this Act, and
guarding against evasions and violations thereof.

be made in the form in the First Schedule hereto, with any perpetual lease. 17. All perpetual leases hereafter granted shall, for simplicity, Formand effect of

effectual to vest the land leased in the lessee in perpetuity at the	necessary modifications or additions; and, if so made, shall be	rent and subject to such reservations, covenants, conditions, modifi- cations, and additions, and as if any reservations, covenants, arrd conditions in the form in the First Schednle had b e ~ n expressed in the extended form in the Second Schedule, and such reservations, covenants, and conditions in such extended form, with any modi- fications or additions, shall bind the lessee and all persons for the
time entitled to a n y benefit of the lease.

18. Any notice to be given to any lessee under any perpetual Notice, how served

lease shall be deemed to have been duly given if the same be sent through the post office enclosed in an envelope addressed to the lessee on the land, or at any address stated in any recent application, letter, or document received from the lessee, or to the lessee's usual or last known place of abode in thc said province, or to the care of

any

P ,, 61" & 62" VICTORIE, No. 705.

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any solicitor, attorney, or agent acting in the lessee's behalf in the

' particular matter in respect whereof such notice is given, and such

notice shall be deemed to have been given on and time shall run

from the day of the posting thereof.

Application of Act, 19, This Act does not apply to pastoral or mining lenses, nor

to the Northern Territory.

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

this Bill.

S. J. WAY, Lieu tenant-Governor.

VICTORIA, No.

The Crown Lntrds Amendment Act.-1898.

THE SCHEDULES REFERRED TO.

THE FIRST SCHEDULE.

South [Royal Arms] Australia.

CROWN LEASE (PERPETUAL).

Her Ma'esty the Queen doth hereby lease to A.R., of [address and occupation]

all that [ ere describe land leased] to be held in perpetuity at the yearly rent 1

of , to be paid in advance on the

day of, commencing the day of 18 , and at a further rent of Five Pounds per centum per annum on any rent in arrear, subject to the reservations, covenants, and conditions shortly stated below, and which are more fully set out in " The Crown Lands Amendment Act, 1898."

Resemations,

1. There are reserved to the Crown all gold, silver, copper, tin, and other metals,

ores, minerals, and other substances containing metals, and all gems and precious

stones. coal, and mineral oil, with incidental powers of search and mining.

Covenants.

2. The lessee must-

I. Enclose the land with a cattle-proof fence before the end of the fifth year of

the lease, and

11. Keep in good repair all Crown improvements (if any) on the land.

And the lerssee must not-

III. Transfer, sub-let, encumber, or mortgage without the written consent of the

Commissioner of Crown Lands first had in each case.

Conditions.

S. The lease shall be liable to forfeiture in the following cases and no others :-

I. If default be made in payment of any rent in arrear for six months after

written notice requiring its payment; or if

11. Default be made in the performance of any covenant for three monthe

after notice of its non-performance requiring its performance; or if

111. The land shall be transferred, sub-let, or mortgaged without the written

consent of the Commissioner of Crown Lands first had in such casee.

4, The land may be resumed by the Crown for mining or for any public work or purpose, fu l l cornpenvation being made to the lessee for his loss.

THE SECOND SCHEDULE.

Reference to the Form in the

First Schedule. Extended Meaning.

1. Reservations. .. .. .. . Except and reserved out of this lease all gold, silver, copper, tin, and other metals, ores, minerals, and other substances containing metals, and all gems and precious stones, and all coal and mineral oils upon, in, or under the said land to Her Majesty the Queen, Her heirs and successors, and all persons lawfully claiming under or authorised by Her or them. And the Commissioner of Crown Lands, and all persona lawfully claiming under or authorised by them, or either of them, shall have full and free liberty of access, ingress, egress, and regress, with or without horse8, cattle, carts, drays, carriages, engines, and all other necessary implements and things, into, upon,and from the said premises for all reasonable purposee, rtnd to cut, dig, sink, try,search, work, remove, and dispoae of all or any of the said excepted and reserved things, full compensation being made to the lessee for any loss or damage sustained by him.

THE

6 X	61" & 62" VICTORIE, No. 705.
27ie Crown Lands Amendment Act.-1898.

THE SECOND SCHEDULE-continued.

Refemm ta the Form in the .

Firet Behedule. Extended Meaning.

2. (I.) Covenant to fence	I'he lessee will during the first five years substantially fence the boundaries of the said land with a fence or wall ordinarily capable of resisting the trespass of cattle.
2. (XI.) Covenant to keep	The lessee will a t his own cost during the said term

Crown improve-

keep and maintain in good and tenantable repair and

ments in repair

condition all improvements (if any) the property of

the Crown on the land hereby leased.

S. Condition of forfeiture Provided always, and this lease is upon this express condition, that if default shall he made in payment of any rent in arrear for six months after written notice requiring its payment, or if default shall be made in the performance of any covenant on the

part of the lessee for three months after written

notice of its non-performance and requiring its per- formance, or i f the lessee shall, without the written consent of the Commissioner first had and obtained, transfer, mortgage, encumber, or sublet the premises, or any part thereof, Her Majesty or thc Commissioner, after three months' written notice, may re-enter and take possession of the said lands, and it shall be lawful for the Commissioner, before or after re-entry, to cancel and determine this lease. and the said ~ -

Commissioner may thereupon insert a notice in the

Government Gazette declaring this lease to be for-

feited, and such notice appearing in the Government

Gazette as having been published by the authority of

the said Commissioner shall, in all courts and else- where, and under all circumstances, be taken to be conclu~ive evidence that such' lease has been legaUy cancelled and forfeited.

4, Condition of resump- Provided also, and i t is expressly agreed, that the Queen shall and may at any time or from time to time here- after resume possession of all or any part of the said land hereby demised for roads, railways, tramways, or for mining purposes, or for any public work or

tion

purpose upon the Commissioner giving three calendar

months' notice to the lessee by publication in the

Government Gazette of such intended resumption,

and that irnmediatcly from and after the expiration of three calendar months after such notice shall have been given as aforesaid the lease and the demise thereby made shall cease, determine, and be void as to all or such parts of the said lands as shall be mentioned and described in any such notice, anything in the lease to the contrary notwithstanding.

Provided that on any resumption the lessee shall be paid compensation for the loss the lessee shall sustain thereby; and, in case of dispute, the amount of such compensation shall be determined by the Land Board, or, at the option of the Commissioner or the lessee, in the manner pro- vided by clause 170 of the " Crown Lands Act, 1888."

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Addaide: by authority, C. E. BB~STOW, Government Printer, North Terrace.