Crown Lands Act 1929 (SA)

South Australia

Crown Lands Act 1929

An Act relating to Crown lands.

Contents

Part 1—Preliminary

1. Short title

2. Interpretation

4AAdjacent lands

4BTransitional provisions

4CGrant etc of Crown lands by Governor without advice and consent of Executive Council

Part 2—Powers of the Governor and the Minister to deal with Crown lands and dedicated lands

5AAPower of the Governor to grant Crown lands and to resume certain dedicated lands

5ABPayment of premium where lands are freed from restrictions or trusts

1. Minister's powers to deal with Crown lands

5AEffect of extinguishment of easement rights

1. Form of grants, leases etc

6AForm of grants

6BEffect of conveyance of Crown land to the Commonwealth

Part 3—Further powers of the Minister

1. Further powers of the Minister

9ADelegation by Minister and Director

Part 4—The Land Board

Division 1—Constitution

1. Continuance of the Land Board

2. Constitution of the board

3. Appointment of members

4. Term of office

5. Appointment of chairman and deputy chairman by Minister

6. Quorum

7. Meetings of board

8. Member of board not to be interested in application

Division 2—Powers of board in addition to all other powers

1. General powers of the board

18APower of delegation for board

1. Access to land etc

19AAccess to documents in possession of public authorities

1. Valuation made by chairman or member to be effectual when confirmed by the board

2. Powers of board to require evidence to be on oath

21AValuation for Minister etc

Part 5—Perpetual leases and agreements

Division 1—The offering of Crown lands

1. Offering of Crown lands on perpetual leases, or agreements

22AAllotment of marginal lands

22BAllotment of land less than living area

Division 2—Classification of lands, and applications

1. Notice of land being opened

2. Applications

3. Reference of all applications to the board

4. Simultaneous applications

5. Power of Minister to offer lands not taken up on reduced terms

6. Power of corporations and district councils to apply

Division 3—Perpetual leases

1. Rent under perpetual leases

2. Form of perpetual leases

3. Liability to land tax of perpetual leases not subject to re-valuation

4. Fixing of subsequent rent

5. Improvements not to be considered on revaluation

6. Notice of revaluation to be given

7. Lessee not accepting revaluation to forfeit at expiry of then current fourteen years of his lease

Division 3A—Perpetual leases of town lands

41AOffering of Whyalla land on perpetual lease

41BApplications and allotments

41CForm and conditions of lease

41DPurchase of fee simple of Whyalla town lands

41EApplication of other provisions to leases of town lands

41FApplication of sections 41A - 41E to Leigh Creek

Division 4—Agreements (under this Part)

1. Agreement to contain covenant to purchase by instalments

2. Form of agreements

3. Agreement liable to forfeiture for breach of covenant

Part 6—Provisions applicable to leases and agreements

1. Minimum rent or instalment

2. Rates of instalments and rent under agreements and leases, where Minister directs that this section shall apply

3. Power in certain cases to surrender existing agreement or lease for agreement or lease under section 48

50APower to extend agreement

1. Lands suitable for pastoral purposes only

2. Preparation and execution of lease or agreement

3. Power to resume land for certain purposes

4. Penalty to be added to overdue amount under lease or agreement

5. Forfeiture of lease or agreement

6. Instead of forfeiture, a penalty may be imposed

7. Defaulting purchaser's or lessee's interest in land may be sold by auction

8. Liability of purchaser for future defaults

9. Power to execute transfer of interests sold

10. Service of notices

11. Duty of lessees and purchasers not to impound in certain cases

12. Statute of limitation no bar to action

66APower to add parcels of land to leases and agreements

66BPower to add parcels of land to existing certificates of title

Part 6A—Special development lands

66CDefinition of lease

66DSpecial development lands

66ELeases of special development lands

66FExcluded areas

66GPowers of board in connection with leases

66HApplication of the Act

Part 7—Leases other than perpetual

Division 2—Miscellaneous leases

1. Miscellaneous leases

2. Allotment of land, covenants and provisions in leases granted under section 77

78ARenewal of miscellaneous lease by written notice

78BLife leases for certain shacks

Division 3—Various

1. Education lands to be dealt with by board

Part 8—The Lyrup Village Settlement

Division 1—Interpretation and application

1. Interpretation

2. This Part to apply so far as repealed Acts not exhausted

3. Passing of this Act not to affect operation of Irrigation Act

Division 2—Constitution of the Lyrup Village Association

1. Continuance of Lyrup Village Association

2. Association not subject to Corporations Act 2001

3. Lands to be set apart and subdivided

4. District of association

88AHorticultural blocks

1. Determination of district and leases

Division 4—Leases

1. Determination of occupation and grant of lease

2. Rent

3. Covenants etc in leases

4. Power to forfeit lease

Division 6—Management of the association

1. Management

2. Payment of contributions

3. Restriction of further advance to association

107AAdvances to association

1. Management of commonage lands

2. Accounts and audit

3. Annual report

4. Service of proceedings on association

5. Annual instalments of charge and irrigation expenses recoverable by distress

6. Public inspection of rules and accounts

7. Rules

Part 9—Homestead blocks

Division 1—Acquirement and re-offering of lands

1. Transfer of homestead blocks

Division 2—Leases and agreements

1. Lease or agreement may be granted of more than one block

2. Receipts for rent or instalments to constitute holding title

Division 3—Protected homestead blocks

1. Effect of endorsement

Division 4—Special provisions

1. When blockholder may assign or sublet

Division 5—Agreement or lease on surrender

1. Homestead lease may be surrendered for agreement or perpetual lease

Part 10—Closer settlement

Division 1—Power to acquire lands

1. Acquisition of land by repurchase

2. Acquisition of land compulsorily

3. Registrar-General to make necessary entries and cancel certificates of title

146APart to cease to apply to closer settlements within Murray-Darling Basin

Division 2—Compulsory acquisition of lands

1. Interpretation

2. What lands to be deemed to be adjoining lands

3. Division to apply notwithstanding Real Property Act 1886

4. Incorporation of the Compulsory Acquisition of Land Act 1925

5. Power to acquire lands (other than large estates) which are subject to Crown leases

6. Acquisition of large estates and lands adjacent to River Murray

7. Acquisition of lands required for working lands adjacent to River Murray

8. Land irrigable by waters from the River Murray

9. Land requiring drainage

10. Preliminary notice of intention to inspect

11. Power to enter land for inspection

12. Notice of intention to acquire

13. Duties of Registrar-General to note in register-book

14. Effect of notice to bind all persons interested

15. Rights of owner to reserve land not exceeding forty thousand dollars in value

16. Rights of owner to require whole estate to be taken

17. Mode of acquiring the land

18. Copy of proclamation to be furnished to Registrar-General

19. Price to be determined by arbitration failing agreement

20. Price

21. Award of arbitrators and right of appeal to Supreme Court

22. Service of notices

23. This Division not to apply to town lands

Division 3—Purchase of land by arrangement

1. Purchase of land by arrangement with intending settlers

170APurchase of land for allotment to one settler

170BLoans for schemes of closer settlement

Division 4—How acquired lands to be dealt with

1. How land acquired is to be dealt with

2. Power to postpone allotment of closer settlement lands

3. Occupation of lease of lands acquired, pending execution of drainage or other improvements

Division 5—Agreements for sale and purchase

1. Covenants to be contained in the agreement

174AProvision in case of undeveloped land

1. Terms and covenants in certain cases

2. Power to extend existing agreements to term not exceeding sixty-four years on recommendation of board

176APower of board to capitalise arrears of interest on agreement

1. Form of agreement

2. Execution of agreement

3. Lands unallotted may be let

4. Power of lessees of certain perpetual leases to surrender for agreement under this Act

5. Power to surrender miscellaneous lease

6. Power to surrender agreement as to lands purchased after 18th December, 1902

7. Power of holder of existing agreement to pay part of purchase-money in advance

8. Reservations as to growing timber

9. Application of payments

10. Statement to be laid before Parliament

11. Power to fix annual rate of interest on closer settlement lands

Division 6—The collection and recovery of rents

1. Receiver of rents

2. Action may be maintained in the name of the receiver

3. Extension of time for payment

4. Forfeiture

5. Power to cancel lease or agreement liable to forfeiture

6. Returns of cancellations to be placed before Parliament

Division 7—Special provisions with regard to closer settlement lands

1. Surrender of agreement for perpetual lease

2. Power to grant privileges under section 199 may be granted notwithstanding rent in arrear

202APower to re-sell or let surrendered lands

Part 11—Surrenders

204BAcceptance of surrenders

1. Power of lessee to surrender his lease

2. Surrender for new lease

3. Power to surrender agreement

207APower to deal with surrendered lands

1. Surrender of agreement for new agreement

208AAProvisions on surrender

208ARights of surrender of mortgages etc

1. Lands under any tenure may be surrendered

209ASurrender of lease or agreement for marginal land lease

1. Power of lessee to surrender for perpetual lease or agreement

2. Mode of obtaining perpetual lease or agreement

3. Power of lessee to surrender lease and purchase the fee simple

4. Annual statement of surrenders disallowed

5. Conditions of agreement or lease obtained in lieu of homestead lease

6. Powers of trustees and executors

7. Appeal from first decision of board

8. Power of lessee to apply to surrender from time to time

9. Surrender of agreement for lease

10. Surrender of agreement or lease of a small estate

11. Surrender of several leases or agreements for one lease or agreement of the same class

12. Saving of estates and interests in surrendered lands

Part 12—Transfers

1. Leases and agreements may not be transferred, assigned or sublet without consent of the Minister

2. Non-validity of agreements to transfer etc leases and agreements

3. Prohibition against transferring or subletting without consent to extend to every form of alienation without consent

227AMortgage of lease or agreement not alienation

Part 13—Sales of lands, granting of sites for buildings

Division 1—Sales of lands

1. Certain lands may be sold by auction

228ASale of lands etc by auction on agreement for sale and purchase

228BGrant of Crown lands to certain Government or local government authorities

228CFee simple may be granted to licensee in certain cases

1. Power of Minister to fix upset and reserve prices

2. Lands to be gazetted before auction

3. Purchase-money of lands sold for cash, how payable

4. Unselected or unsold Crown lands within hundreds to remain open

232ATown lands at Whyalla

232BApplication and payment

232CReference of applications to the board

232DSimultaneous applications

232EGazettal of successful applicants

232FBoard may re-offer land not taken up

232GSales by auction of blocks not allotted

232HConditions

232IAllotment of blocks to employers for employees' dwellings

232JApplication of other sections of this Act

1. Town land may be sold subject to condition against alienation for six years

234ABuilding conditions in town blocks

234BRefunded purchase moneys

1. Limitation of number of town allotments that may be purchased

2. Agreement preventing fair competition at auction to be void

Division 3—Granting of sites

1. Power to grant sites for public and charitable purposes

2. Purchase-money for site to be paid on application

3. Lease or agreement to be read as excepting the granted land

Part 14—Licences

1. Licences may be granted

244AConditions in licences

1. Minister may limit licences

2. Term and conditions of licence

Part 16—Miscellaneous

1. Powers of forfeiture, acceptance of surrender, and resumption of agreements and leases to be exercised by Minister

249BLeases etc containing condition of personal residence deemed not to contain such condition

249CWaiver of covenant to clear vegetation

249DConsent of Minister not required to encumbering or mortgaging of leases and agreements

249EIncoming lessee liable for outstanding amounts upon transfer of lease

1. Minister to have care, control and management of dedicated lands in certain circumstances

2. Right of commonage

251APower of the Minister to lend on mortgage

1. Disability of persons under eighteen to hold agreement, lease, or licence

252ALiability of executors and trustees under leases and agreements

1. Duties of Crown lands ranger

2. Powers of district council rangers

3. Crown lands ranger may make claim or entry

4. Power to impound cattle trespassing and to destroy pigs

5. Unbranded wild cattle belong to the Crown

6. Exemption of leases, agreements and licences from stamp duty

7. Annual payment of rent

8. Power of acquisition

9. Power of Minister to resume land set apart as site for town

261ADuty of Registrar-General

1. Provision of moneys for purposes of sections 260 and 261

262APower to dispose of surplus lands

262AAPower to dispose of dedicated lands which have been resumed by Crown

262BPower to dispose of material, plant, and equipment

1. Provision for preservation of timber

263AProvision for soil conservation reserves

263BOverstocking

263CCovenant for insurance

1. Completion of purchase under lease with right of purchase or agreement obtained on surrender

2. Right of purchase not exercisable until conditions have been complied with or equivalent improvements made

265ACancellation of lease or agreement where holder abandons land

265BPower of Minister to manage blocks

1. Repeated notice of breach not necessary before forfeiture

2. Land grant to be noted as subject to interest

3. Cancellation of muniments of title when grant cancelled or land reverts to Crown

4. Registrar-General to make necessary entries in registers

5. Proclamation valid for all purposes

271APowers of Minister as to reverted lands

271CGifts of land for the benefit of soldiers

271DTransfer of land to Minister

271ELease granted under Irrigation Act deemed to be lease under this Act in certain circumstances

271FLiability of Crown in relation to Crown lands

Part 17—Offences and penalties

1. Unauthorised occupation or use of Crown and other property

2. Delaying with travelling stock

3. Depasturing cattle etc

4. Injuring or removing timber, metals etc without licence

5. Injuring or removing land marks

6. Injuring monuments etc on Crown lands

7. Obstructing roads and ways

8. Leaving gates open

9. Obstructing authorised persons from carrying out powers

10. Any money or reward received under any illegal agreement to be forfeited, and recoverable by anyone suing for the same

11. Making illegal agreement

12. Offering to enter into void agreements etc

13. False statement as to commonage

14. Forgery and uttering an offence

15. Perjury

16. Fraud or false representation

Part 18—Regulations

1. Regulations

Part 19—Arbitration, evidence, legal procedure etc

1. Valuation for compensation to be determined by the Land and Valuation Court

2. Declarations, how to be made

3. Parties compellable to give evidence, but not to be prosecuted in certain cases

4. Gazette evidence of facts stated therein

5. Burden of proof

6. Who may lay complaint, and hearing of same

294AActions for trespass in local court

1. Penalties

295AAppropriation of payments

1. Treasurer may provide for costs of officers

2. Protection to persons acting in execution of this Act

Schedule 3—Form of perpetual lease

Schedule 4—Extended form of reservations, covenants, and conditions of perpetual lease

Schedule 5—Terms and conditions in agreement

Schedule 9—Terms and conditions to be contained in agreement

Schedule 10—Land added to the Lyrup Village Association District

Schedule 12—Form of perpetual (special development) lease

Schedule 13—Extended form of reservations, covenants and conditions of perpetual (special development) lease

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Crown Lands Act 1929.

4—Interpretation

In this Act, except where the subject matter or context or some other provision requires a different construction—

agreement means an agreement containing a covenant to purchase land made since the fourteenth day of November, 1902, but does not include any lease with a right of purchase;

block or block of land includes two or more pieces of land contiguous to each other, or separated from each other only by a road or roads;

blockholder includes the transferee, devisee, or personal representatives of the lessee to whom a perpetual lease, or a lease with right of purchase, of a homestead block has been granted pursuant to Part 7 of the Crown Lands Act 1888, and the Acts incorporated therewith, or of the lessee or purchaser to whom a lease or agreement has been granted under Part 9 of the Crown Lands Act 1903, or under Part 9 of the Crown Lands Act 1915, or of the lessee or purchaser to whom a lease or agreement is granted under Part 9 of this Act, as well as the lessee or purchaser;

board means the Land Board;

cattle means camels, horses, geldings, mares, asses, mules, bulls, bullocks, and cows, and foals and calves over six months old;

Crown lands means all lands in the State, except—

(a)dedicated lands;

(b)lands lawfully granted, or contracted to be granted, in fee simple by or on behalf of the Crown;

(c)lands subject to any agreement, lease or licence lawfully granted by or on behalf of the Crown (except a lease or licence granted in pursuance of the Mining Act 1971, as amended),

and includes all lands which, having been granted or held under agreement, lease or licence, have been or are surrendered, or, having been dedicated, have been or are lawfully resumed, and all lands which, having been lawfully held by any person for any estate or interest, have been or are lawfully forfeited to or resumed by, or by any means whatsoever have reverted or revert to, or have been or are acquired by, the Crown (but does not include lands that have been forfeited, or have reverted to the Crown, or have been resumed or acquired by the Crown where the lands are comprised in a certificate grant or other muniment of title that has not been cancelled in pursuance of this Act);

Crown Lands Acts means this Act and all the repealed Acts;

dedicated lands means all lands dedicated for any purpose by the Governor or the Minister under any of the Crown Lands Acts;

excluded area means an area delineated on a map published in accordance with section 66F of this Act as varied from time to time in accordance with a map forwarded in accordance with subsection (2) of that section;

fixed rate means the annual rate of interest fixed by the Treasurer under section 190 which is in force at the time when the block in question is offered for sale;

homestead block means any land (the subject of a lease or an agreement)—

(a)offered pursuant to section 126 of The Crown Lands Act 1888, and the Acts incorporated with that Act; or

(b)offered as a homestead block pursuant to section 117 of this Act as in force before the commencement of the Crown Lands Act Amendment Act 1968, or pursuant to any corresponding previous enactment;

the Land and Valuation Court means the Land and Valuation Court constituted under the Supreme Court Act 1935;

lease means a perpetual lease or a miscellaneous lease;

lessee includes the assignee or transferee of a lease from the Crown, and the devisee or personal representatives of the original lessee or of such assignee or transferee, as well as the original lessee;

the Minister means the Minister of Lands;

miscellaneous lease means any lease other than a perpetual lease;

Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;

park lands means lands adjacent to a town and dedicated for the use, benefit, or recreation of the inhabitants of that town;

perpetual lease means a lease granted in perpetuity;

public map means a map—

(a)prepared under the direction of, and officially certified by, the Surveyor-General or Deputy Surveyor-General; and

(b)delineating any of the lands of the Crown; and

(c)deposited in the Department of Lands at Adelaide;

purchaser includes the person entitled to or holding lands under an agreement;

receiver means the Receiver of Rents under Part 10;

repealed Act means any Act repealed by this Act or by any Act heretofore repealed, which dealt with Crown lands or with closer settlement;

repurchased lands means lands acquired by the Crown under Part 10 of this Act or under the corresponding provisions of any repealed Act, and whether acquired pursuant to agreement or compulsorily;

sheep means rams, goats, wethers, and ewes, and lambs over six months old;

special development lands means lands for the time being declared by proclamation under section 66D of this Act to be special development lands;

suburban lands means all Crown lands surveyed in sections of not greater area than 10 hectares each situated within 4 kilometres of any town lands or park lands, or any lands set apart under paragraph (h) of section 5;

swamp lands means all lands which, in the opinion of the Minister, are liable to be wholly or partially flooded by overflow of a river or otherwise;

town lands means all Crown lands set apart, surveyed, or laid out in lots as the site for a town;

unimproved value means the actual value of any land less the amount of the value of all improvements (if any) on the land;

vermin means rabbits, wild dogs, foxes and any other animals declared by proclamation to be vermin for the purposes of this Act.

4A—Adjacent lands

For the purposes of this Act, land shall be deemed to be adjacent to other land if it—

(a)abuts on that other land; or

(b)is separated from that other land only by a road, railway or a travelling stock route.

4B—Transitional provisions

1. A lease, agreement to purchase or licence granted under an Act repealed by the Statutes Amendment and Repeal (Crown Lands) Act 1985, and in force immediately prior to the commencement of that Act shall, upon that commencement, be deemed to be a lease, agreement or licence granted and in force under this Act.

2. An easement granted under the Irrigation Act 1930, and in force immediately prior to the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985, shall, upon that commencement, be deemed to be an easement granted and in force under this Act.

3. Any lands that were, immediately before the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985, reserved lands within the meaning of this Act as then in force shall, upon that commencement, be deemed for all purposes—

   (a)to be dedicated lands; and

   (b)to have been dedicated for the purpose for which they were reserved.

4. Nothing in the Statutes Amendment and Repeal (Crown Lands) Act 1985 has the effect of repealing a proclamation of the Governor in force under this Act immediately before the commencement of that first mentioned Act.

5. Where the Minister exercises, by notice in the Gazette, any of his powers under this Act in relation to lands in respect of which a proclamation made by the Governor under this Act is in force, the notice shall, if it is inconsistent in any respect with the terms of the proclamation, operate as a revocation of the proclamation to the extent of the inconsistency.

4C—Grant etc of Crown lands by Governor without advice and consent of Executive Council

1. A grant, lease or other alienation of Crown lands by the Governor under any of the Crown Lands Acts or any other Act dealing with the disposal of lands of the Crown shall not be held to be invalid by reason of the fact that the Governor granted, leased or otherwise alienated the lands without the advice and consent of the Executive Council.

2. Where the Governor exercises a power to grant, lease or otherwise alienate Crown lands, whether under this Act or any other Act dealing with the disposal of lands of the Crown, he may exercise that power without first obtaining the advice and consent of Executive Council.

Part 2—Powers of the Governor and the Minister to deal with Crown lands and dedicated lands

5AA—Power of the Governor to grant Crown lands and to resume certain dedicated lands

1. The Governor may, subject to the provisions of this Act, and in the name and on behalf of the Crown—

   (a)grant the fee simple of any Crown lands to any person; or

   (b)grant to any person the fee simple of any dedicated lands in trust for the purposes for which the lands were dedicated; or

   (c)by proclamation resume and, if required, cancel the grant of any dedicated lands—

   (i)where, in the opinion of the Minister, the lands are being used for a purpose other than one for which they were dedicated; or

   (ii)where, in the opinion of the Minister, the lands are no longer used or required for the purpose for which they were dedicated; or

   (iii)where, in the opinion of the Minister, no registered proprietor of the lands is able or willing to have the care, control and management of the lands; or

   (iv)where the registered proprietor of the lands requests, or consents to, resumption of the lands; or

   (d)by proclamation free from the trusts and, if required, cancel the grant of any lands (other than dedicated lands) set apart for a particular purpose—

   (i)where, in the opinion of the Minister, the lands are being used for a purpose other than the purpose for which they were set apart; or

   (ii)where, in the opinion of the Minister, the lands are no longer used or required for the purpose for which they were set apart; or

   (iii)where, in the opinion of the Minister, no registered proprietor of the lands is able or willing to have the care, control and management of the lands; or

   (iv)where the registered proprietor of the lands requests, or consents to, revocation of the trusts.

2. Nothing in this Act empowers the Governor to grant a person the fee simple of any foreshore.

5AB—Payment of premium where lands are freed from restrictions or trusts

Where—

(a)the registered proprietor of dedicated lands seeks the resumption of the lands pursuant to section 5AA(1)(c) so that the lands may thereby be freed from the restrictions or trusts imposed by the dedication; or

(b)the registered proprietor of lands set apart for a particular purpose and subject to trusts seeks to have the lands freed from those trusts pursuant to section 5AA(1)(d),

the Minister may require the registered proprietor of the lands to pay to the Crown, as a condition of the exercise by the Governor of his powers under that section, a premium fixed by the Minister.

5—Minister's powers to deal with Crown lands

The Minister may, subject to the provisions of this Act, from time to time—

(a)on behalf of the Crown, sell, lease or otherwise alienate (other than by way of a grant of fee simple) any Crown lands;

(b)on behalf of the Crown, grant, in such terms and for such purposes as he thinks fit, an easement to any person over or in relation to any of the following lands:

(i)Crown lands or dedicated lands;

(ii)land held under licence from the Crown;

(iii)that part of the lands comprised in a lease or agreement to purchase (being a lease or agreement from the Crown under any of the Crown Lands Acts or any other Act dealing with the disposal of lands of the Crown) in relation to which the Crown or a Minister of the Crown has acquired or reserved certain rights for the purpose of granting easements;

(c)accept the transfer of such an easement for the purpose of the extinguishment of the rights created by the easement and take such steps as may be necessary to extinguish those rights and add them to the tenure of the servient lands;

(d)by notice in the Gazette dedicate any Crown lands for any of the following purposes:

(i)for the preservation of water supply;

(ii)for public roads or other internal communications, whether by land or water. The delineation of any public road in a public map shall be in itself a dedication of that road to the public use;

(iii)for quays, wharves, or landing-places;

(iv)for public reservoirs, aqueducts, or water-courses;

(v)for hospitals, asylums, or cemeteries;

(vi)for market places or abattoirs;

(vii)for institutions for public instruction or amusement;

(viii)for public buildings and schools not intended for ecclesiastical or denominational purposes;

(ix)for park lands or places for the recreation and amusement of the inhabitants of any city, town, or place;

(x)for any purpose of public safety, convenience, health, or enjoyment;

(xi)for the purposes of military defence;

(xii)for forest reserves;

(xiii)for travelling stock reserves;

(xiv)for tramways, railways or railway stations;

(xv)for airfields or airstrips;

(xvi)for any other purpose he thinks fit, whether similar to the purposes referred to in the preceding subparagraphs or not,

and may, at any time before the grant of the fee-simple of any such lands, resume the same wholly or in part by notice in the Gazette, provided that the Minister has had prior consultation with the person (if any) who has the care, control and management of the land the subject of the proposed resumption;

(fa)by notice in the Gazette declare that any dedicated lands shall be under the care, control, and management of any Minister, municipal or district council, any body corporate, or any association, subject to such prohibitions, restrictions or conditions relating to the use or development of the lands as the Minister thinks fit and specifies in the notice;

(fb)by notice in the Gazette revoke or vary any notice given under paragraph (fa);

(g)by notice in the Gazette—

(i)constitute and define the boundaries of new counties, hundreds, and towns, and distinguish each by a name;

(ii)declare that any county, hundred, or town shall cease to exist as such, and that all or any of the roads in any town so ceasing to exist shall be closed;

(iii)extend or diminish the area of any county, hundred, or town and declare that all or any of the roads in any land by which the area of a town is so diminished shall be closed;

(iv)alter the boundaries, or name of any county, hundred, or town;

(v)distinguish by a name or alter the name of any place, whether a county, hundred, or town, or any other place whatsoever;

(vi)add the area taken away from one county or hundred to any adjacent county or hundred;

(vii)divide any county or hundred into two or more counties or hundreds, and give each a distinguishing name;

(h)by notice in the Gazette set apart any Crown lands as town lands or suburban lands;

(ha)by notice in the Gazette declare that any lands which have been set apart as town lands or suburban lands and which have not been alienated from the Crown or which have reverted to the Crown, or any allotments of any such lands shall cease to be town lands or suburban lands;

(i)by notice in the Gazette except any suburban lands from being dealt with by the board, either altogether or for such period as he determines;

(ii)by notice in the Gazette declare that any suburban lands which have been excepted from being dealt with by the board and have either not been alienated from the Crown or have reverted to the Crown, or any allotments of any such lands may be dealt with by the board.

5A—Effect of extinguishment of easement rights

Upon the Minister accepting the transfer of an easement pursuant to this Act and the extinguished easement rights being added to the tenure of the servient lands, any mortgage, charge, encumbrance or other interest to which the tenure, or a part of the tenure, is subject shall, by virtue of this section, extend over the tenure, or the part of the tenure, as enlarged by those rights.

6—Form of grants, leases etc

All grants, leases, and other alienations, and all dedications under this Act, shall be made in such form as the Minister thinks fit.

6A—Form of grants

All grants issued under this Act or any other Act dealing with the disposal of lands of the Crown shall be signed by the Governor, the Minister and the Registrar-General and shall have the seal of the State affixed to them.

6B—Effect of conveyance of Crown land to the Commonwealth

1. Where an agreement is entered into by or on behalf of the Commonwealth and by or on behalf of the Crown in right of the State for the acquisition by the Commonwealth of Crown land or any estate or interest therein (including minerals), a land grant, lease or other instrument or assurance executed by the Governor, or by the Minister, as the case may require, for the purpose of carrying out that agreement shall, notwithstanding anything contained in this Act be valid and effectual to vest the land or any estate or interest therein (including minerals) in the Commonwealth according to the tenor of such land grant, lease or other instrument or assurance.

2. In subsection (1) of this section the Commonwealth shall be deemed to include any corporate body or instrumentality of the Commonwealth created by any Act or law of the Commonwealth.

Part 3—Further powers of the Minister

9—Further powers of the Minister

The Minister, in addition to, but without limiting, any other right, power, or authority vested in him under this Act, may—

(a)cause auctions to be held at such times and places as he thinks fit, and appoint persons to preside over and regulate the same, after notifying in the Government Gazette the times and places and the lands to be offered thereat;

(b)authorise any person to conduct any sale without that person having an auctioneer's licence, or incurring any liability in connection therewith;

(c)withdraw from sale or lease any Crown lands, and re-offer any such lands for sale or lease after advertisement in the Government Gazette notifying such re-offer for sale or lease;

(d)decline, notwithstanding anything contained in this Act, any application for the purchase or lease of lands containing or supposed to contain minerals, or which he deems it desirable to dedicate for public purposes;

(e)receive, except where otherwise provided in this Act, any purchase-money, rent, instalment, or interest, or any notice after the time appointed for the payment or receiving of the same, and, where moneys are paid or notice is given as herein provided, the same shall be deemed to have been paid or given in due time;

(f)waive compliance, in part or in full, with any covenant or condition of a grant, agreement, mortgage to the Minister, lease or licence, subject to such conditions as the Minister thinks fit;

(g)extend the time in which the owner, purchaser, mortgagor, lessee or licensee of lands must perform a condition of his grant, agreement, mortgage to the Minister, lease or licence for such period, and subject to such conditions (including a condition requiring payment of a fee) as the Minister thinks fit;

(ga)reduce the purchase price, rent, interest or any other amount fixed or payable under any agreement, lease or licence, subject to such conditions as the Minister thinks fit;

(gb)waive or defer payment of any sum due under any agreement, mortgage to the Minister, lease or licence, subject to such conditions as the Minister thinks fit;

(gc)vary the terms or conditions of any agreement, mortgage to the Minister, lease or licence so as to give effect to the exercise by him of any of the powers referred to in this section;

(h)levy or recover any amounts due under any leases or agreements, except leases or agreements of re-purchased lands, in like manner as any rent or fine is leviable or recoverable by law, and his written order shall be a sufficient authority to distrain where such rent is levied by distress;

(i)by himself, or any person authorised by him, enter leased lands to search for water, sink wells, construct dams, reservoirs, and embankments, and to do all acts necessary to search for and conserve water;

(j)authorise charges to be made for water supplied to any person or animal by the lessee of lands resumed by the Governor whereon water has been found or conserved;

(k)do all acts necessary to reclaim swamp lands and to construct public watering places thereon for cattle and sheep;

(l)cause any reclaimed land to be surveyed in such blocks and offered on lease on such terms and conditions as he determines, subject to the rent being fixed and the allotment being decided by the board;

(la)develop and improve Crown lands for any agricultural, pastoral, residential, commercial or industrial purpose, or for any other purpose whatsoever;

(lb)provide for—

(i)the reticulation or supply of water; or

(ii)the laying of sewers or other drains; or

(iii)the making of roads; or

(iiia)the erection of buildings, structures or fences; or

(iv)the supply of electricity or gas; or

(v)any other services,

in relation to any Crown lands;

(m)authorise any person to take possession of lands, messuages, or tenements belonging to the Crown whereon any person is in unauthorised possession or occupation, and to forcibly eject every person therefrom;

(n)give permission to any person to erect or construct and maintain gates, grids, and ramps or any of them on any road or way, not being a main road or way, vested in His Majesty, and not being within any municipality or district council district; and may let the right of depasturing thereon;

(na)impose conditions on the grant of any permission under paragraph (n) of this section, and revoke any permission upon breach of any condition thereof;

(o)consent to a mortgage, transfer, or subletting of lands now or hereafter held under any Crown Lands Act;

(p)correct, at the cost of the lessee, any clerical error, name wrongly spelt, or any incorrect or defective plan attached to any lease; and may attach a corrected plan to any such lease having his signature thereon, and, in every such case, the description of the parcels in the lease shall be taken to refer to the corrected plan, which shall form part of the lease;

(q)charge any person the fees prescribed under this Act, or if no fees are prescribed in relation to any matter under this Act, such fees as he fixes for that matter;

(r)appoint a sufficient number of persons to be Crown lands inspectors and rangers;

(s)forfeit any agreement, lease, or licence obtained by any false declaration or statement;

(t)notwithstanding the forfeiture of any agreement or lease under any of the Crown Lands Acts, or the Educational Lands Act 1881, rescind or annul any such forfeiture, upon such terms as he thinks fit;

(v)by himself or any person authorised by him enter upon any lands held under lease, agreement or licence, any lands the grant of the fee simple of which is subject to conditions, or any dedicated lands.

9A—Delegation by Minister and Director

1. The Minister may, by instrument in writing, delegate to the Director of Lands any of his powers, functions, duties or responsibilities under this Act (except for Part 2) or under any other Act dealing with the disposal of lands of the Crown.

2. The Director of Lands may, with the approval of the Minister and by instrument in writing, delegate to any officer of the Department of Lands any of the powers, functions, duties and responsibilities vested in, imposed upon, or delegated to, the Director under this Act.

1. A delegation under this section is revocable at will and does not prevent the exercise or performance of any power, function, duty or responsibility by the Minister or the Director of Lands.

Part 4—The Land Board

Division 1—Constitution

10—Continuance of the Land Board

The Land Board constituted under the repealed Acts and existing at the passing of this Act is hereby continued, under the name of "The Land Board", subject to the provisions of this Act; and the members of the said board in office at the said passing are hereby continued in office, subject as aforesaid.

11—Constitution of the board

The board shall consist of not less than three and not more than six members: Provided that the Governor may appoint any member or members of the Pastoral Board constituted under the Pastoral Act 1936 to be an additional member or additional members of the board for any period during which he may be a member of the Pastoral Board, and the person or persons so appointed shall, whilst holding office under that appointment, have all the powers, duties and functions of ordinary members of the board.

12—Appointment of members

The Governor may from time to time appoint members of the board.

13—Term of office

Every member shall hold office for not exceeding five years from the date of his appointment, and shall be eligible for re-appointment.

14—Appointment of chairman and deputy chairman by Minister

The Minister shall nominate a chairman and a deputy chairman of the board. The chairman or in his absence the deputy chairman shall preside at all meetings of the board at which he is present. In the absence of both the chairman and the deputy chairman, the board shall elect one of their number to be chairman for any meeting.

15—Quorum

Any two members shall form a quorum, and may exercise all the powers and authorities vested in the board.

16—Meetings of board

The board shall meet whenever required by the Minister.

17—Member of board not to be interested in application

1. No person whilst a member of the board shall be eligible as an applicant, or be interested in any application, for a lease or agreement.

2. No member of the board shall hear or deal with any application in which any partner or relative of that member is interested.

3. If any member of the board acts contrary to any provision of this section he shall be guilty of an offence against this Act, and liable to a penalty not exceeding one hundred dollars.

4. Any allotment of land made or application granted contrary to any provision of this section shall be absolutely void, except as against any purchaser who is not a partner or relative of the member offending against the said provision, and who has purchased bona fide for value without notice of the offence having been committed.

Division 2—Powers of board in addition to all other powers

18—General powers of the board

1. The board, in addition to and without prejudice to any other powers vested in it, shall—

   (a)decide, except in the case of town lands, upon the area to be included in each separate block and the area to be held by any one person, and the area of land included in each separate block which is to be cleared so as to render the same available for cultivation or so as to improve the grazing capacity thereof;

   (b)fix the price or annual rent under any agreement or lease;

   (c)consider, decide, and, if necessary, accept or reject applications, and thereupon report its decision to the Minister;

   (d)require the personal attendance of and, when necessary, examine all applicants, objectors, and necessary witnesses;

   (e)subdivide or alter the boundaries of any block where there is one or more than one applicant, and adjust the rentals or purchase-money;

   (f)deal with all other matters referred to it by the Minister.

2. Every such decision of the board, except when made pursuant to paragraph (c) or paragraph (d) of subsection (1) hereof, shall be subject to the approval of the Minister.

18A—Power of delegation for board

1. The board may, with the approval of the Minister, delegate any of its powers, functions, duties or responsibilities under this Act or any other Act to a member of the board, or to an officer of the Department of Lands.

2. A delegation under this section is revocable at will and does not derogate from the power of the board to act itself in any matter.

19—Access to land etc

1. The board, or a person authorised in writing by the board, may—

   (a)after giving reasonable notice to the occupier of any land, enter upon the land and make any inspection, measurement or survey necessary or expedient for the purposes of this Act; or

   (b)put to the owner or occupier of the land, or any person thereupon, any questions necessary to obtain information in relation to the land required for the administration of this Act.

2. A person shall not hinder or obstruct the board, or a person authorised in writing by the board, in the exercise of the powers conferred by subsection (1) of this section, or refuse or fail truthfully to answer a question lawfully put to him under that subsection.

   Penalty: Fifty dollars.

19A—Access to documents in possession of public authorities

1. The board, and any person authorised in writing by the board, shall have full and free access to all maps, plans, documents and books that are relevant to the determination of the value of any land, in the possession or power of any Department of Government or any council within the State.

2. A person shall not prevent or attempt to prevent the board, or a person authorised in writing by the board, from having access to any such maps, plans, documents or books.

   Penalty: Fifty dollars.

20—Valuation made by chairman or member to be effectual when confirmed by the board

Any valuation made by the chairman of the board or by any member thereof authorised by the board shall, when confirmed by the board, be deemed to be a valuation by the board.

21—Powers of board to require evidence to be on oath

1. The board may require evidence given before it to be on oath or affirmation.

2. Notwithstanding the provisions of any Act to the contrary, the chairman of the board, or any member or members thereof nominated by the board, are hereby authorised and empowered when obtaining evidence preliminary to the allotment or transfer of any lands to administer the prescribed oath or affirmation to any person.

3. The evidence given by any such person shall be taken down in writing, and shall be signed by him, and be countersigned by the chairman or member taking the same.

4. The oath may be in the following form: "The evidence which you shall give before this board shall be the truth, the whole truth, and nothing but the truth—so help you God."

5. Where any witness conscientiously objects to take an oath he may make the following affirmation: "I, A.B., do declare and affirm that I will state the truth, the whole truth, and nothing but the truth to all questions that may be asked me." And the same shall be of the same effect as an oath taken in the form hereinbefore provided.

21A—Valuation for Minister etc

The Minister administering any Act, or Department of Government, may request the board to value any land for the purposes of that Act or Department and the board, upon receipt of that request, shall value the land or cause it to be valued as soon as practicable.

Part 5—Perpetual leases and agreements

Division 1—The offering of Crown lands

22—Offering of Crown lands on perpetual leases, or agreements

1. All Crown lands may be offered on perpetual lease or agreement, provided—

   (a)the said lands have been previously surveyed; or

   (b)the boundaries of the said lands have been delineated in the public maps.

2. Where, before any Crown lands are offered pursuant to subsection (1) of this section, those lands have been occupied by any person under licence from the Crown or the Minister and permanent improvements have been carried out by the person or he satisfies the Minister that it is his intention to carry out permanent improvements immediately on the grant of a perpetual lease or agreement to him and such person desires the grant of the Crown lands to him under perpetual lease or agreement a grant of those Crown lands by way of perpetual lease or agreement may, with the approval of the Minister, be offered to such person at a rent or purchase price fixed by the board.

22A—Allotment of marginal lands

Notwithstanding the other provisions of this Act, where the board is of opinion that any Crown lands are marginal lands within the meaning of the Marginal Lands Act 1940, or are so situated that they can conveniently be worked in conjunction with any marginal lands as so defined, those Crown lands may be allotted in accordance with section 4 of the Marginal Lands Act 1940 as if they were lands purchased by the Minister for purposes of that Act, and the said section 4 shall be deemed to extend and apply to such lands accordingly.

22B—Allotment of land less than living area

1. Notwithstanding any other provision of this Act, if the board is of the opinion that any parcel of Crown Land is not sufficient to provide a living area, but can conveniently be worked by a lessee or purchaser in conjunction with the land comprised in his lease or agreement, the Minister, on the application of that lessee or purchaser and the recommendation of the board, may direct that a lease or agreement of the parcel of land shall be granted to the lessee or purchaser.

2. If such a direction is given it shall not be necessary to invite applications for the land whether by notice in the Gazette or otherwise.

3. The rent or price payable for any such parcel shall be determined by the Minister on the recommendation of the board.

Division 2—Classification of lands, and applications

23—Notice of land being opened

The Minister, after approving the area, price, and rent recommended by the board of any Crown lands, may, by notice in the Government Gazette, specifying—

(a)the land; and

(b)the area thereof which is to be cleared so as to render the same available for cultivation or so as to improve the grazing capacity thereof; and

(c)the payments to be made,

declare that the said lands may be applied for on perpetual lease or agreement.

24—Applications

Every application for any such land shall be made to the Minister in writing, giving the name, address, and occupation of the applicant, and specifying the land applied for.

26—Reference of all applications to the board

All applications shall forthwith be referred by the Minister to the board, unless the land is withdrawn from leasing or sale.

27—Simultaneous applications

1. All applications for the same land received up to and on the date named for receiving the same shall be dealt with as simultaneous applications. After that date all applications received on one and the same day for land not before applied for shall be considered and dealt with in like manner.

2. Simultaneous applications may be decided by lot by the chairman of the board where any difficulty arises in deciding the successful applicant.

3. Whenever the number of simultaneous applications for the same lands is not more than three, or is reduced by the board to not more than three, and the qualifications and claims of the applicants are in the opinion of the board equal, then the applications shall be publicly decided by the chairman of the board by lot.

30—Power of Minister to offer lands not taken up on reduced terms

If no application is made within three months from the date on and after which any lands were last declared to be open under this Part, or if all applications received before the lands are again offered on lease or agreement as herein provided are rejected or refused, the Minister may offer the lands at such reduced rent or purchase-money as he, with the advice of the board, deems proper.

32—Power of corporations and district councils to apply

Any municipal corporation or district council may apply for and obtain lands under lease or agreement under this Part.

Division 3—Perpetual leases

33—Rent under perpetual leases

The board, in fixing the rents to be paid under any perpetual lease except—

(a)a lease to which the Minister directs that section 48 shall apply; or

(b)a lease granted by virtue of section 199; or

(c)a lease granted under any provision of Part 11; or

(d)in any case where the Minister directs to the contrary,

shall, as nearly as practicable and subject to section 47, fix the same for the first three years according to the following scale:

(e)for the first year, one-fifth of the amount which but for this section would be payable annually; and

(f)for the second year, one-third of the said amount; and

(g)for the third year, two-thirds of the said amount.

35—Form of perpetual leases

1. A perpetual lease shall vest the land leased in the lessee in perpetuity, and shall contain the provisions for rent and the reservations, covenants, and conditions set forth in Schedule 3, subject to such modifications thereof, deletions therefrom or additions thereto as are required for giving effect to the provisions of this Act, or as the Minister thinks fit, and shall also contain such other provisions as the Minister thinks fit, together with a right of re-entry, and shall be read and construed as if any reservations, covenants, and conditions in the form in Schedule 3 had been expressed in the extended form in Schedule 4, and the lessee and all persons entitled to any benefit of the lease shall be bound thereby.

2. Without limiting the generality of subsection (1) of this section, where it is proposed that a perpetual lease be granted to—

   (a)a charitable or religious body; or

   (b)a body formed to promote sport or any other social or community activity; or

   (c)a body formed to promote any other public purpose,

   the Minister may, in the exercise of the powers conferred by subsection (1) of this section, make a modification in the terms of the lease providing for a more limited right to compensation in the event of resumption of land comprised in the lease than is prescribed in Schedule 3.

37—Liability to land tax of perpetual leases not subject to re-valuation

All perpetual leases not subject to revaluation of rent shall be liable to the land tax, and the rent originally reserved shall be payable during the whole of the term.

38—Fixing of subsequent rent

The rent for each period of fourteen years (except the first such period) of a perpetual lease, subject to revaluation, shall be fixed by the board at least twelve months before the expiration of the next preceding period of fourteen years thereof.

39—Improvements not to be considered on revaluation

In revaluations of rent under perpetual leases the value of the improvements made by the lessee shall not be considered.

40—Notice of revaluation to be given

Notice of the amount of revaluation shall forthwith be given by the Minister to the lessee.

41—Lessee not accepting revaluation to forfeit at expiry of then current fourteen years of his lease

1. In case the lessee does not, within the period of six months after notice of any revaluation, signify to the Minister his willingness to pay the same, his lease shall determine at the expiration of the then current period of fourteen years of his lease, subject however to the provisions of subsections (3), (4), and (5) hereof.

2. In case the lease is to determine under subsection (1) hereof, then after the expiration of the said period of six months the land comprised in the lease shall be offered in one or more blocks under this Part at the rental fixed by the board; and the improvements made by the outgoing lessee shall be paid for by the incoming tenant to the Minister at a price to be fixed by the board; and the amount so paid shall be paid by the Minister to the outgoing lessee, less any amount that may be due by him under the determined lease.

3. If the land comprised in the lease, or any part of that land, has not been taken on perpetual lease or agreement when offered pursuant to subsection (2) hereof, the Minister may receive the lessee's signification of his willingness to pay the rent fixed under section 38 at any time not being later than two months from the determination of the lease.

4. Any lease in respect of which the Minister exercises the power conferred by subsection (3) hereof shall, notwithstanding its previous determination, be deemed to have continued without interruption of the term thereof.

5. Where part of the land has been taken when offered as mentioned in subsection (3) hereof, subsections (3) and (4) hereof shall apply only in respect of the part not so taken.

Division 3A—Perpetual leases of town lands

41A—Offering of Whyalla land on perpetual lease

1. The Minister may, by notice in the Gazette, offer any specified blocks of town land in the town of Whyalla on perpetual lease.

2. The Minister shall not give notice as aforesaid in respect of any blocks unless the board recommends that it is desirable that those blocks should be used as sites for dwelling-houses.

3. The notice shall set forth—

   (a)the blocks to be leased;

   (b)the rent of each block as fixed by the board, which rent shall not be subject to revaluation;

   (c)any obligations, duties, or restrictions to be imposed on the lessee in relation to the use of the land, the erection of buildings or carrying out of other improvements thereon, or personal residence on the land by the lessee;

   (d)a day, not earlier than one month after the publication of the notice in the Government Gazette before which applications for the blocks mentioned in the notice must be made.

41B—Applications and allotments

The provisions of sections 24 to 30 inclusive of this Act shall apply to applications for and the allotment of town lands under this Division.

41C—Form and conditions of lease

1. Subject to this section every perpetual lease of town land in the town of Whyalla shall be in such form and contain such terms, covenants, and conditions as the Minister approves on the recommendation of the board.

2. Without restricting the generality of subsection (1) of this section, it is declared that such covenants and conditions may provide—

   (b)that the lessee shall, within such time as is specified in the lease, erect a dwelling-house on the said land in accordance with plans and specifications to be approved by the Minister, and that the lessee will not without the consent in writing of the Minister erect on the said land any other premises;

   (c)that the lessee shall not transfer, mortgage, sublet, or otherwise dispose of the said land except in accordance with such conditions as are set out in the lease.

3. The Minister may, on the recommendation of the board, and if he thinks that special circumstances exist which justify him in so doing, exempt a lessee from the obligation to comply with any such covenant as mentioned in subsection (2).

41D—Purchase of fee simple of Whyalla town lands

1. Any lessee holding town land in the town of Whyalla under perpetual lease may apply to the Minister for the right to surrender to the Crown the whole or any part of that land and to purchase the fee simple of the land so surrendered.

2. If the Minister is satisfied that the covenants and conditions of the lease have been complied with, or that, although the covenants and conditions have not been complied with it is expedient to absolve the lessee from compliance therewith, either upon conditions or otherwise, the Minister shall refer the application to the board.

3. If the board considers that the application should be granted it shall fix the price at which the fee simple of the land may be purchased; and the lessee may thereupon surrender the land and purchase the fee simple thereof at the price fixed by the board.

4. The Governor shall, upon payment of the said price, issue to the purchaser a grant of the fee simple of the surrendered land.

5. A land grant of the fee simple of land surrendered under this section may contain all or any of the following conditions, namely:

   (b)that the grantee or his successor in title shall within such time as is specified in the condition erect on the land such premises as are specified in the condition;

   (c)a condition regulating or restricting in such manner as is specified in the condition the purposes for which the land may be used;

   (d)that the land shall not be transferred, mortgaged, or otherwise dealt with within a period specified in the condition, but not exceeding six years from the date of the land grant, without the consent in writing of the Minister.

   If the land grant contains any such conditions, subsections (2) to (8) inclusive of section 232H of this Act shall apply to every such condition in the same way as they apply to conditions under that section.

   This subsection shall be deemed to have come into force on the seventh day of September, 1939.

41E—Application of other provisions to leases of town lands

The following sections of this Act shall apply mutatis mutandis to perpetual leases of town lands in the town of Whyalla in the same way as they apply to perpetual leases of other lands, namely, sections 32, 37, 47, 52, 53, 54 to 64 inclusive, 66, 204B, 205, 206, 208A, 217, 218, 219, 222, 223, 224.

41F—Application of sections 41A - 41E to Leigh Creek

Sections 41A to 41E (inclusive) of this Act shall apply in relation to any town constituted after the thirtieth day of September, 1944 on the Leigh Creek coalfield, in the same way as they apply in relation to the town of Whyalla, and the said sections shall be construed as if every reference therein to the town of Whyalla were also a reference to any town constituted as aforesaid.

Division 4—Agreements (under this Part)

42—Agreement to contain covenant to purchase by instalments

1. In every agreement under this Part the purchaser shall covenant—

   (a)to purchase his block at the price fixed by the board; and

   (b)except in a case where section 48 applies, to pay the purchase-money and interest for land and improvements, if any, at not less than the rate of two dollars per centum per annum by not more than sixty equal half-yearly instalments, which instalments shall be paid in advance: Provided that if the Minister on the recommendation of the board so approves, the covenant for payment of purchase-money and interest may be as follows:

   (i)for the first four years the purchaser shall pay in advance half-yearly instalments of interest only on the purchase-money, but no instalments of principal, and that interest shall be at the following rates:

   (A)for the first year at one-fifth of the full rate of interest provided for in the agreement;

   (B)for the second year at one-third of the said full rate;

   (C)for the third year at two-thirds of the said full rate;

   (D)for the fourth year at the said full rate;

   (ii)for the balance of the term of the agreement the purchaser shall pay the purchase-money with interest thereon at the full annual rate provided for in the agreement in equal half-yearly instalments of principal and interest, and the instalments shall be payable in advance.

2. Notwithstanding subsection (1) hereof or anything contained in the agreement, the purchaser, having complied with the terms and conditions of his agreement, shall have the option of completing the purchase of his block at any time after the expiration of six years or the term of the agreement, whichever period is the lesser, on paying the balance of the purchase-money and all interest due up to the time of purchase.

44—Form of agreements

1. The agreement shall contain all the conditions, covenants, and provisions set forth in Schedule 5, subject to such modifications thereof, deletions therefrom or additions thereto as are required for giving effect to the provisions of this Act or as the Minister thinks fit and shall also contain such other provisions as the Minister thinks fit, together with a right of re-entry. Provided that where an agreement is granted upon the surrender of a perpetual lease, any condition, covenant or provision of the agreement restricting the right of the purchaser to complete purchase, or binding the purchaser to erect any fence or carry out any other work, may differ from the condition, covenant or provision prescribed by Schedule 5 in relation to the same matter, in such manner as the Minister deems just, having regard to the length of time during which the purchaser held the land under the surrendered lease or any previous lease or agreement, and the obligations which that lease or agreement imposed upon him and the extent to which those obligations were fulfilled.

46—Agreement liable to forfeiture for breach of covenant

1. An agreement shall be liable to forfeiture if any instalment thereunder is in arrear for six months, the purchaser having had at least three months previous notice in writing demanding its payment, or if any breach is made of the terms and conditions of the agreement.

2. Upon any such forfeiture the right, interest, or claim, either at law or in equity, of the purchaser in and to the lands included in the forfeited agreement, and to any moneys paid on account of his purchase, shall be absolutely determined, and the lands may be dealt with as the Minister may determine.

Part 6—Provisions applicable to leases and agreements

47—Minimum rent or instalment

1. Notwithstanding any provision to the contrary in this Act or any other Act—

   (a)the annual rent under a lease granted after the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985; or

   (b)an instalment under an agreement entered into after that commencement,

   shall not be less than the sum of twenty-five dollars, or such other amount as the Minister may from time to time fix by notice in the Gazette.

2. Subsection (1)(a) applies to a lease under any of the Crown Lands Acts or any other Act dealing with the disposal of lands of the Crown.

48—Rates of instalments and rent under agreements and leases, where Minister directs that this section shall apply

1. The following provisions shall apply to every agreement (except an agreement under Part 10) and perpetual lease to which the Minister directs that this section shall apply, namely:

   (a)no instalment or rent shall be payable for the first four years of the term;

   (b)from the end of the fourth to the end of the tenth year of the term, instalments or rents shall be paid, and the said instalments or rents shall be at the rate of two per centum per annum on the value of the land as stated in the advertisement in the Government Gazette declaring the land open for application. In the case of an agreement the instalments paid for the years mentioned in this subdivision shall be regarded as interest only, and not as part of the purchase-money;

   (c)from the end of the tenth year of the term, the interest included in the instalments, or the rent (as the case may be), shall be at the rate of four per centum per annum on the value stated as mentioned in subdivision 2 hereof;

   (d)the agreement shall be for a term of forty years, and the purchase-money shall be paid by sixty half-yearly instalments payable during the last thirty years thereof; so that from the end of the tenth year of the term the instalments shall include purchase-money in addition to interest as provided by subdivision 3 of this subsection;

   (e)all instalments or rents shall be payable in advance;

   (f)the purchaser under the agreement, having complied with the terms and conditions of his agreement, shall have the option of completing the purchase at any time after the expiration of the first six years of the term, on payment of the purchase-money, or the balance thereof, with interest, at the rate or rates charged by the agreement, on the purchase-money or on the balances thereof from time to time remaining unpaid, from the commencement of the term to the date of payment;

   (g)notwithstanding anything in this section, if the purchaser or lessee transfers his agreement or lease before the end of the tenth year of the term, instalments or rent shall, if the Minister on the recommendation of the board so directs, be paid as from the time of the allotment of the land or any subsequent time not later than the time when the transfer takes effect; and, in the case of an agreement, the instalments shall be at the rate of four per centum per annum on the value stated as mentioned in subdivision 2 hereof until the end of the said tenth year, and, in the case of a lease, the rent shall be as provided by subdivision 3 hereof.

2. In the case of any agreement or perpetual lease to which the Minister has directed that this section shall apply, where, in the opinion of the Minister, the enforcement of the provisions of the agreement or lease as to payment of instalments or rent would inflict great hardship upon the holder of the agreement or lease, the Minister may, by notice given to the holder, extend the period during which, under the agreement or lease, no instalment or rent is to be payable, for such further period, not exceeding four years, as he thinks fit.

3. Upon the giving of any notice of extension, as mentioned in subsection (2) hereof, the said period shall be extended in accordance with the said notice, and all dates and periods mentioned in the agreement or lease shall be postponed and, in the case of an agreement, the term shall be extended, according to the period of the extension. The agreement or lease shall be construed so as to give effect to this subsection, and shall be binding on the parties as so construed.

49—Power in certain cases to surrender existing agreement or lease for agreement or lease under section 48

1. Subject to subsection (6) hereof, in the case of any agreement (except an agreement under Part 10 of the Crown Lands Act 1903) or perpetual lease, entered into or granted before the nineteenth day of November, 1914, to which the Minister, on the recommendation of the Surveyor-General, directs that this section shall apply, the board shall revalue the land comprised in the agreement or lease, and fix the purchase-money or annual rent for the purposes of an agreement or lease to be entered into or granted pursuant to this section.

2. When the board has fixed the purchase-money or annual rent pursuant to subsection (1) hereof, the purchaser or lessee may surrender his agreement or lease in exchange for an agreement or perpetual lease to be entered into or granted in accordance with the provisions of section 48 of this Act at the purchase price or annual rent fixed as aforesaid: Provided that—

   (a)the surrender shall have no effect unless or until accepted by the Minister, who may, in his discretion, accept or reject the surrender in the name and on behalf of His Majesty;

   (b)only an agreement may be obtained in exchange for a surrendered agreement, and only a lease may be obtained in exchange for a surrendered lease.

3. The term of the new agreement or the new lease shall commence on the date of the commencement of the term of the surrendered agreement or lease.

4. When an agreement or lease has been obtained pursuant to this section, the amount of the instalments or rents (as the case may be) theretofore paid under the surrendered agreement or lease shall be credited against the instalments or rents (as the case may be) which have already fallen due in accordance with the new agreement or lease; and if there is any surplus, it shall be credited against the future instalments or rents.

5. If the agreement or lease to be surrendered is subject to a mortgage, the provisions of section 224 shall apply.

6. This section shall not apply to any agreement or lease of land situate within any of the following hundreds, namely, the Hundreds of Pygery, McLachlan, Wannamana, Wudinna, and Yaninee, and such other hundreds as the Minister directs.

50A—Power to extend agreement

1. In any case of an agreement (except an agreement under Part 10 of the Crown Lands Act 1903, Part 10 of the Crown Lands Act 1915 or Part 10 of this Act) the Minister may direct the board to consider whether an extension of the term of the agreement should or should not be granted under this section.

2. The board shall thereupon consider the matter, and—

   (a)may recommend that the term be extended for such period (if any) as the board thinks fit, but not so as to extend it beyond sixty-five years from the commencement thereof as fixed by the agreement;

   (ab)may, where the extension is sought by the purchaser, recommend that the rate of interest payable under the agreement be increased to a specified rate not exceeding the rate of interest then being fixed in respect of new agreements;

   (b)for the purpose of fixing the amounts of the instalments under paragraph (c) hereof may capitalise, and add to the purchase-money, the whole or any part of such amounts of any instalments then in arrear as represent interest;

   (c)if the board recommends an extension, shall fix the instalments of purchase-money to be paid during the remainder of the term (as so extended) and for such purpose may fix the instalments so that the balance of the purchase-money and any arrears of interest capitalised as aforesaid, together with interest thereon, shall be paid in equal instalments throughout the balance of the said term so extended, or may fix the instalments at such amount as would be necessary to pay the purchase-money and interest thereon in equal instalments if the instalments were spread over the whole term of the agreement as so extended from the time when instalments of principal were first payable.

3. If the Minister approves of the recommendations of the board he may grant the extension on the terms recommended, and from the time when notice in writing stating the period of the said extension and the terms on which it is granted is given to the purchaser, the agreement shall be construed so as to give effect to the said extension and terms, and shall be binding on the parties as so construed.

4. Except so far as may be necessary to give effect to this section, the agreement shall not be affected by anything in or done under this section; and the terms, covenants, conditions, and provisions thereof shall continue in force subject to any variations which may be necessary to give effect to this section.

51—Lands suitable for pastoral purposes only

In respect of any lands which, on account of deficiency of rainfall, are, in the opinion of the board, only suitable for pastoral purposes, the rent shall be fixed at pastoral rates; and, in fixing the said rents, the board shall have regard to the rates of rental of pastoral lands under similar conditions of soil and climate.

52—Preparation and execution of lease or agreement

1. As soon as conveniently may be after land offered on lease or agreement is allotted to any person under any provision of this Act, or any other Act incorporated with this Act, or any person becomes entitled to a lease or agreement pursuant to any surrender which has been accepted, the Minister shall cause a lease or agreement, as the case may be, to be prepared in duplicate, and shall forward it to that person or his agent.

2. The said person shall within twenty-eight days after receipt of the lease or agreement or within such further time as the Minister allows, execute the lease or agreement and return it to the Minister, together with the first year's rent or instalment (if any), and the prescribed fees or the unpaid balances thereof.

3. If any person fails to comply with subsection (2) of this section, the Minister may by notice in writing, served on him personally or by post, declare that he has forfeited all moneys paid by him and his right to a lease or agreement, and the Minister may thereafter re-offer or deal with the land comprised in the lease or agreement as unallotted Crown lands.

53—Power to resume land for certain purposes

1. The Minister, on giving three months notice to any lessee or purchaser, may resume lands included in the lease or agreement for roads, railways, tramways, sites for towns, park lands, mining purposes, or for any other purpose whatsoever.

2. The lessee or purchaser shall be entitled to compensation for any loss sustained by the said resumption.

(2a)Where the amount of compensation is disputed, the Minister shall refer the matter to the Land and Valuation Court for determination.

(2b)The practice and procedure relating to the hearing and determination of a matter so referred shall be as prescribed by the appropriate rules of the Supreme Court.

(2c)In assessing compensation under this section, the Land and Valuation Court shall give effect to any provisions of the lease relating to compensation.

1. Nothing in this section shall affect or apply to the exercise of any power given to the Governor by the Mining Act 1930.

2. In this section—

   lease means perpetual lease and lessee means lessee holding land under perpetual lease.

58—Penalty to be added to overdue amount under lease or agreement

1. Notwithstanding anything contained in any lease or agreement, if any rent, principal or interest payable under any lease or agreement before the commencement of the Crown Lands Act Amendment Act 1968 is not paid within thirty days after the day appointed for payment thereof, interest at the rate of five per centum per annum shall be added to the said rent, principal, or interest and if any such rent, principal or interest so payable after such commencement is not paid within thirty days after the day so appointed, interest at the rate of ten per centum per annum shall be added to such rent, principal or interest: Provided that this subsection shall not authorise the charging of interest on interest added pursuant to the foregoing provision of this subsection.

2. The interest added under subsection (1) shall be calculated from the day appointed for payment of the arrears on which the interest is charged, and shall be payable on the balance of such arrears owing from time to time until such arrears are paid.

(2a)Notwithstanding any provision to the contrary in this Act or any other Act, or in a lease or agreement, where an amount becomes payable under a lease or agreement after the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985, and remains unpaid for thirty days after the day upon which it became payable, a penalty shall be added to that amount forthwith, and to the amount (including any penalty added pursuant to this section) that remains unpaid upon the expiration of each year thereafter.

(2b)The penalty to be added to an unpaid amount pursuant to subsection (2a) shall be—

(a)the prescribed percentage of that amount, being a percentage fixed by the Minister from time to time by notice in the Gazette; or

(b)the prescribed minimum penalty, being a minimum penalty fixed by the Minister from time to time by notice in the Gazette,

whichever is the greater.

1. The Minister, without prejudice to his right to recover in any other way, may, by action brought in any court of competent jurisdiction in the name of the Minister of Lands, sue for any amount due and payable under a lease or agreement, together with any interest or penalty added pursuant to this section.

2. The Minister may, in any case that seems to him to be appropriate, remit the whole, or part, of any interest or penalty added to an unpaid amount pursuant to this section.

3. This section applies to all leases and agreements granted or made under any of the Crown Lands Acts or any other Act dealing with the disposal of lands of the Crown.

59—Forfeiture of lease or agreement

1. Where the rent of any lands or any money due under any lease or agreement is in arrear for six months after the same is due, the lessee or purchaser (as the case may be) having had at least three months previous notice in writing demanding its payment, or where there has been a breach of any of the covenants or conditions contained in or implied by any such lease or agreement, the Minister may cancel the lease or agreement, and may thereupon insert a notice in the Government Gazette declaring the lease or agreement to be forfeited.

2. Every such notice shall be taken to be prima facie evidence that the lease or agreement therein mentioned was legally cancelled and forfeited.

3. The land comprised in any such lease or agreement may be dealt with in all respects as if the lease or agreement had never been granted.

60—Instead of forfeiture, a penalty may be imposed

1. In any case in which the Minister has power, under section 59, to cancel a lease or agreement, he may, instead of exercising that power, by notice in writing to the lessee or purchaser, impose a penalty of such sum as is fixed by the board in the particular case.

2. Any penalty imposed under this section shall be recoverable in the same manner as rents or instalments under the lease or agreement (as the case may be) are recoverable when in arrear.

1. The purchaser shall until the whole of the purchase-money and interest shall be paid pay the purchase-money together with interest thereon in seventy half-yearly instalments as follows: The first ten half-yearly instalments shall each be the sum of          and the subsequent sixty half-yearly instalments shall each be the sum of          all of which instalments shall be payable in advance on the          day of          and the          day of          in each year: Provided that the purchaser may complete the purchase of the said land at any time after six years from the date of this agreement on payment of the balance of the purchase-money and interest to the date of completion of the purchase and complying with all the terms covenants conditions and provisions of this agreement. And provided that on any of the said days the purchaser may pay in advance any part (being the sum of one hundred dollars or a multiple thereof) of the purchase-money whereupon interest on the amount so paid shall cease and the amounts of the instalments subsequently falling due shall be decreased ratably to the amount so paid.

2. The purchaser will pay and discharge all rates taxes assessments impositions and outgoings which shall become payable in respect of the said land.

3. The purchaser shall spend on the said land during each of the first five years from the date of this agreement a sum of money equal to six dollars for every two hundred dollars of the value of the said land as fixed by the Land Board in substantial improvements consisting of buildings fencing or water improvements being the sum of         : Provided that the amount so expended by the purchaser in excess of the amount required to be expended as aforesaid in one year shall be set off against the amount required to be expended in the next or following years: Provided also that so much of any amount of the purchase-money paid by the purchaser as shall have been paid on account of improvements on the said land may be deducted from the amount to be expended by the purchaser on improvements on the said land.

4. The purchaser shall and will during the first five years from the date of this agreement substantially fence the boundaries of the said land with a fence or wall ordinarily capable of resisting the trespass of cattle and will until the completion of the purchase of the said land maintain and uphold such fence in good and substantial repair.

5. The purchaser will during this agreement keep and maintain in good and tenantable repair and condition all improvements on the said land.

6. The purchaser will not without the consent of the vendor being first had and obtained transfer sublet encumber or mortgage the said land.

7. The Minister, and any person authorised by him, may enter upon the land for any reasonable purpose.

8. It shall be lawful for the vendor and all persons authorised by him at all times unrestrictedly to enter into and upon the said land before completion of the purchase thereof.

9. The vendor reserves unto himself and all persons and bodies authorised by him full right and liberty without any payment to the purchaser by way of compensation from time to time and at all times hereafter, with or without beasts of draught or burden or any vehicles whatever to enter into and upon the said land for the purpose of laying pipes or a pipe track in, along, over or under the said land, and to view the condition of and to cleanse, relay, repair, and maintain the said pipes or pipe track, and to allow water to be in and flow through the said pipes or pipe track, and to construct drains and pipe tracks, and to lay pipes where required in, along, over or under the said land, and to view the condition of and cleanse, relay, repair, and maintain the said drains and pipe tracks and pipes, and to allow water to be in and to flow through the said drains, pipe tracks, and pipes.

10. The purchaser will ensure and during this agreement keep insured in the full insurable value thereof in some insurance office in Adelaide to be approved by the vendor all buildings and erections the property of the vendor upon the said land or which may thereafter be thereupon against loss or damage by fire such insurance to be in the joint names of the purchaser and the vendor and will forthwith lodge the policy of every such insurance in the office of the vendor and will forward to the vendor the receipts for the premiums payable in respect of every such policy within seven days after the same shall become due and if the foregoing covenant shall not be duly observed then the vendor shall be at liberty to insure the said improvements in manner aforesaid and it is agreed that all sums of money received under any such insurance shall be laid out in reinstating the premises in respect of which the same shall have been received.

11. The purchaser will destroy all rabbits on the said land and fill up their burrows to the satisfaction of the vendor and will forthwith commence to destroy all such other vermin on the said land as are by or under the Vermin Act 1931, or by or under any other Act for the time being in force in the said State declared to be vermin and will keep the said land free from all vermin to the satisfaction of the vendor during this agreement and will destroy Bathurst burr and all other noxious weeds growing upon the said land and upon the half width of Government roads adjacent thereto.

12. The purchaser will neither allow to remain if now existing nor erect nor suffer the erection of any brush fence upon the said land.

13. And it is hereby declared that if any of the instalments hereby reserved shall be unpaid and in arrear for more than six months after the day whereon the same is hereby made payable the purchaser having had at least three months' previous notice in writing demanding its payment, this agreement may be cancelled by the Minister of Lands or if the vendor shall be satisfied that there has been a breach in the performance of any other of the covenants herein contained or that this agreement is liable to forfeiture the vendor may re-enter and take possession of the said land and it shall be lawful for the said Minister before or after re-entry to cancel and determine this agreement and the said Minister may thereupon insert a notice in the Government Gazette declaring this agreement to be forfeited and such notice appearing in the Government Gazette shall in all courts and elsewhere and under all circumstances be taken to be conclusive evidence that this agreement has been legally cancelled and forfeited: Provided that the vendor or the said Minister shall not (except in the case of an instalment being unpaid and in arrears as aforesaid or of a breach of clause 9 hereof) exercise the powers expressed in this clause in the case of a breach of covenant before the expiration of the period of three months after notice has been given to the purchaser of such breach and requiring the performance of the covenant: Provided nevertheless that if notice has been given to the purchaser of any breach of a covenant no notice of any future breach of the same covenant or of the continuance of the same breach thereof shall be necessary before the exercise of such powers.

14. And it is hereby expressly agreed that the said Minister may at any time or from time to time hereafter resume possession of all or any part of the said land for roads railways or tramways or for sites for towns or park lands or for mining purposes or for any public purposes whatsoever after the expiration of three calendar months from the giving by the said Minister to the purchaser of notice in writing of the intended resumption and that immediately upon the giving of such notice the right of the purchaser to complete the purchase shall cease and determine and be void as to all or such of the said lands as shall be specified in such notice and that immediately after the expiration of the said three calendar months this agreement and the right of the purchaser to possession shall cease and determine and be void as to all or such part of the said lands as shall be specified in such notice anything in this agreement to the contrary notwithstanding: Provided that on any resumption the purchaser shall be paid compensation for the loss the purchaser 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 said Minister or the purchaser in the manner provided by section 289 of the Crown Lands Act 1929.

15. And it is hereby expressly declared that any notice to be served or given to the purchaser under this agreement shall be deemed to have been duly served or given if the same be sent through the post office enclosed in an envelope addressed to the purchaser at any address stated in any recent application letter or document received from him or at his usual or last known place of abode in the said State or to the care of any solicitor attorney or agent acting in the purchaser's behalf in the particular matter in respect whereof such notice is given and such notice shall be deemed to have been served or given on and time shall run from the day of the posting thereof as aforesaid.

Schedule 10—Land added to the Lyrup Village Association District

Comprising all that portion of the hundred of Paringa bounded as follows: Commencing at the northern corner of block 47, thence south-easterly along the north-eastern boundary of the said block and production to the eastern side of road east of said block; thence south-south-westerly and south-westerly along the eastern and south-eastern sides of road east and south-east of said block; westerly along the southern side of road south of blocks 47, 46, and portion of block 44, south-south-westerly along the south-eastern side of road south-east of block 43, west‑north‑westerly and north-westerly along the south-western side of road south-west of block 43, generally northerly along the western side of road west of said block 43, blocks 42 and 40, north-easterly along the north-western side of road north-west of blocks 40 and 39, south‑easterly along the north-eastern side of road north-east of block 39 to the north-western boundary of channel reserve, thence north-easterly and south-easterly along the north-west and north-eastern boundaries of said channel reserve to the western side of road west of block 33, thence generally south-westerly along said side of road and production to the northern corner of block 146, thence south-south-easterly along the eastern boundaries of blocks 146 and 45, south-easterly along the north-eastern boundaries of blocks 45 and 46 to the point of commencement.

Schedule 12—Form of perpetual (special development) lease

Schedule 13—Extended form of reservations, covenants and conditions of perpetual (special development) lease

Reference to the form in Schedule 12	Extended meaning
2. (I) Covenant to fence	The 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 sheep or cattle and during the currency of the lease maintain such fence or wall in good and substantial repair.
2. (III) Covenant to keep Crown improvements in repair	The lessee will at his own cost during the said term, keep and maintain in good and tenantable repair and condition all improvements (if any) the property of the Crown on the land hereby leased.
2. (VII) Covenant to insure Crown improvements	Insure and keep insured in the full insurable value thereof against loss and damage by fire storm and tempest all buildings erections and other improvements the property of the Crown upon the leased land in the joint names of the Minister and the lessee in some insurance office in Adelaide to be approved of by the Minister and forthwith lodge the policy of every such insurance in the office of the Minister and forward to the Minister the receipts for the premiums payable in respect of such policy within seven days after the same shall become due. The Minister may insure on default by the lessee and recover all amounts paid for such insurance in like manner as the rent is recoverable.
3. Conditions of forfeiture	Provided always, and this lease is upon this express condition, that if default shall be made in payment of any rent in arrear for six months after the same falls due, the lessee having had at least three months' previous notice in writing demanding its payment, or if default shall be made in the performance or observance of any covenant on the part of the lessee; or if the lessee shall, without the written consent of the Minister first had and obtained, transfer, mortgage, encumber, or sublet the premises or any part thereof; or if the lessee shall effect any ground or structural improvements on the land without first obtaining the written approval of the Minister or if the lessee shall clear cultivate or use for grazing any excluded area or part thereof, the Crown or the Minister, after three months' written notice, may re-enter and take possession of the said lands; and it shall be lawful for the Minister, before or after re-entry, to cancel and determine this lease, and the Minister may thereupon insert a notice in the Government Gazette declaring this lease to be forfeited, and such notice appearing in the Government Gazette as having been published by the authority of the Minister shall, in all courts and elsewhere, and under all circumstances, be taken to be conclusive evidence that such lease has been legally cancelled and forfeited: Provided, however, that the Minister shall not (except in the case of rent being in arrear as aforesaid, or of the transfer, mortgage, encumbrance or subletting of the premises without such consent as aforesaid) exercise the powers expressed in this clause in the case of default in the performance of a covenant before the expiration of the period of three months after notice has been given to the lessee of such default and requiring the performance of the covenant: Provided nevertheless that if notice has been given to the lessee of any default in the performance of a covenant, no notice of any future default in the performance of the same covenant, or of the continuance of the same default, shall be necessary before the exercise of such powers.
5. Condition of resumption	Provided also, and it is expressly agreed, that the Crown shall, and may, at any time, or from time to time hereafter resume possession of all or any part of the said land hereby demised for roads, railways, tramways, or for sites for towns or for park lands, or for mining purposes, or for any public work or purpose upon the Minister giving three calendar months' notice to the lessee by publication in the Government Gazette of such intended resumption; and that immediately from and after the expiration of three calendar months after such notice shall have been given as aforesaid this lease and the demise hereby made shall cease, determine, and be void as to all or such parts of the said lands as shall be mentioned and described in such notice, anything in this 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 Minister or the lessee, in the manner provided by section 289 of the Crown Lands Act 1929.

Legislative history

Notes

•This version is comprised of the following:

Part 1	24.11.2003 (Reprint No 6)
Part 2	24.11.2003 (Reprint No 6)
Part 3	24.11.2003 (Reprint No 6)
Part 4	24.11.2003 (Reprint No 6)
Part 5	24.11.2003 (Reprint No 6)
Part 6	24.11.2003 (Reprint No 6)
Part 6A	1.7.2005
Part 7	1.6.2007
Part 8	24.11.2003 (Reprint No 6)
Part 9	24.11.2003 (Reprint No 6)
Part 10	24.11.2003 (Reprint No 6)
Part 11	24.11.2003 (Reprint No 6)
Part 12	24.11.2003 (Reprint No 6)
Part 13	24.11.2003 (Reprint No 6)
Part 14	24.11.2003 (Reprint No 6)
Part 16	24.11.2003 (Reprint No 6)
Part 17	24.11.2003 (Reprint No 6)
Part 18	24.11.2003 (Reprint No 6)
Part 19	24.11.2003 (Reprint No 6)
Schedules	24.11.2003 (Reprint No 6)

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

The Crown Lands Act 1929 was repealed by Sch 1 cl 6(a) of the Crown Land Management Act 2009 on 1.6.2010.

Legislation repealed by principal Act

The Crown Lands Act 1929 repealed the following:

Crown Lands Act 1915

Crown Lands Act Suspensory Act 1915

Crown Lands Act Amendment Act 1915

Crown Lands Act Amendment Act 1917

Crown Lands Act Further Amendment Act 1919

Crown Lands Act Amendment Act 1926

Crown Lands Act Amendment Act 1927

Crown Lands Act Amendment Act 1928

Crown Lands Act Amendment Act 1929

Legislation amended by principal Act

The Crown Lands Act 1929 amended the following:

State Bank Act 1925

Principal Act and amendments

Year	No	Title	Assent	Commencement
1929	1923	Crown Lands Act 1929	4.12.1929	4.12.1929
1930	1990	Crown Lands (Administration) Act 1930	20.11.1930	20.11.1930
1931	2060	Crown Lands Amendment Act 1931	9.12.1931	9.12.1931
1933	2120	Crown Lands Act Amendment Act 1933	2.11.1933	2.11.1933
1935	2246	Statute Law Revision Act 1935	19.12.1935	19.12.1935
1935	2256	Crown Lands Act Amendment Act 1935	21.12.1935	21.12.1935
1936	2293	Statute Law Revision Act 1936	8.10.1936	8.10.1936
1936	2299	Crown Lands Act Amendment Act 1936	5.11.1936	5.11.1936
1937	2363	Crown Lands Act Amendment Act 1937	1.12.1937	1.12.1937
1938	2408	Crown Lands Act Amendment Act 1938	1.12.1938	1.12.1938
1939	3	Crown Lands Act Amendment Act 1939	7.9.1939	7.9.1939
1939	40	Crown Lands Act Amendment Act (No. 2) 1939	21.12.1939	21.12.1939
1940	23	Crown Lands Act Amendment Act 1940	7.11.1940	7.11.1940
1941	25	Crown Lands Act Amendment Act 1941	3.12.1941	3.12.1941
1944	26	Crown Lands Act Amendment Act 1944	14.12.1944	14.12.1944
1945	44	Soil Conservation Act Amendment Act 1945	24.1.1946	24.1.1946
1952	42	Statute Law Revision Act 1952	4.12.1952	4.12.1952
1957	27	Crown Lands Act Amendment Act 1957	31.10.1957	31.10.1957
1960	46	Crown Lands Act Amendment Act 1960	24.11.1960	24.11.1960
1965	27	Crown Lands Act Amendment Act 1965	25.11.1965	25.11.1965
1965	60	Decimal Currency Act 1965	4.2.1966	14.2.1966: s 2(2)
1966	50	Crown Lands Act Amendment Act 1966	28.10.1966	28.10.1966
1967	4	Crown Lands Act Amendment Act 1967	30.3.1967	30.3.1967
1967	50	Crown Lands Act Amendment Act (No. 2) 1967	26.10.1967	26.10.1967
1968	45	Crown Lands Act Amendment Act 1968	19.12.1968	30.1.1969 (Gazette 30.1.1969 p338)
1969	52	Crown Lands Act Amendment Act 1969	4.12.1969	21.5.1970 (Gazette 21.5.1970 p1842)
1969	98	Crown Lands Act Amendment Act (No. 2) 1969	18.12.1969	18.12.1969
1971	15	Age of Majority (Reduction) Act 1971	8.4.1971	15.4.1971 (Gazette 15.4.1971 p1598)
1971	109	Mining Act 1971	9.12.1971	3.7.1972 (Gazette 29.6.1972 p2689)
1972	110	Crown Lands Act Amendment Act 1972	23.11.1972	7.12.1972 (Gazette 7.12.1972 p2534)
1973	17	Crown Lands Act Amendment Act 1973	13.9.1973	13.9.1973
1974	25	Crown Lands Act Amendment Act 1974 as amended by 84/1974	11.4.1974	26.4.1974 (Gazette 26.4.1974 p1457)
1974	42	Statute Law Revision Act 1974	11.4.1974	11.4.1974
1974	84	Statute Law Revision Act (No. 2) 1974	21.11.1974	21.11.1974
1975	13	Crown Lands Act Amendment Act 1975	20.3.1975	24.4.1975: s 2
1975	88	Statute Law Revision Act (No. 3) 1975	20.11.1975	20.11.1975
1977	6	Crown Lands Act Amendment Act 1977	28.4.1977	28.7.1977 (Gazette 28.7.1977 p232)
1978	46	Crown Lands Act Amendment Act 1978	13.4.1978	15.6.1978 (Gazette 15.6.1978 p2034)
1978	109	Harbors Act Amendment Act 1978	7.12.1978	21.12.1978 (Gazette 21.12.1978 p2303)
1980	32	Statutes Amendment (Property) Act 1980	17.4.1980	22.5.1980 (Gazette 22.5.1980 p1373)
1980	43	Crown Lands Act Amendment Act 1980	26.6.1980	26.6.1980
1980	77	Crown Lands Act Amendment Act (No. 2) 1980	13.11.1980	13.11.1980
1983	17	Crown Lands Act Amendment Act 1983	12.5.1983	12.5.1983
1985	39	Statutes Amendment and Repeal (Crown Lands) Act 1985	18.4.1985	15.7.1985 (Gazette 4.7.1985 p4)
1986	84	Crown Lands Act Amendment Act 1986	4.12.1986	4.12.1986
1994	26	Crown Lands (Liability of the Crown) Amendment Act 1994	26.5.1994	26.5.1994
1994	39	Irrigation Act 1994	2.6.1994	1.7.1994 (Gazette 30.6.1994 p1842)
1994	59	Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994	27.10.1994	1.1.1995 (Gazette 8.12.1994 p1942)
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	Pt 12 (s 71)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)
2003	35	River Murray Act 2003	31.7.2003	Sch (cl 4)—24.11.2003 (Gazette 20.11.2003 p4203)
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2004	34	Natural Resources Management Act 2004	5.8.2004	Sch 4 (cl 2)—1.7.2005 (Gazette 30.6.2005 p2093)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 25 (s 71)—1.6.2007 (Gazette 26.4.2007 p1352)

Provisions amended since 3 February 1976

•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 246.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Long title	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 1
s 2	amended by 39/1985 s 4	15.7.1985
omitted under Legislation Revision and Publication Act 2002	24.11.2003
s 3	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 4
Crown lands	amended by 39/1985 s 5(a)—(c)	15.7.1985
dedicated lands	amended by 39/1985 s 5(d)	15.7.1985
lease	substituted by 39/1985 s 5(e)	15.7.1985
miscellaneous lease	inserted by 39/1985 s 5(f)	15.7.1985
Murray-Darling Basin	inserted by 35/2003 Sch cl 4(a)	24.11.2003
park lands	amended by 39/1985 s 5(g)	15.7.1985
perpetual lease	inserted by 39/1985 s 5(h)	15.7.1985
reserved lands	deleted by 39/1985 s 5(i)	15.7.1985
s 4A	amended by 39/1985 s 6	15.7.1985
ss 4B and 4C	inserted by 39/1985 s 7	15.7.1985
Pt 2	heading amended by 39/1985 s 8	15.7.1985
ss 5AA and 5AB	inserted by 39/1985 s 9	15.7.1985
s 5	amended by 109/1978 s 38(1)	21.12.1978
amended by 39/1985 s 10	15.7.1985
(e) and (e1) deleted by 39/1985 s 10(g)	15.7.1985
(f) deleted by 39/1985 s 10(h)	15.7.1985
(j) deleted by 39/1985 s 10(p)	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 5A	inserted by 39/1985 s 11	15.7.1985
s 6	amended by 39/1985 s 12	15.7.1985
s 6A	substituted by 39/1985 s 13	15.7.1985
s 6B
s 6B(1)	amended by 39/1985 s 14	15.7.1985
s 7	deleted by 39/1985 s 15	15.7.1985
s 8A	deleted by 39/1985 s 15	15.7.1985
Pt 3	heading amended by 39/1985 s 16	15.7.1985
s 9	amended by 46/1978 s 3	15.6.1978
amended by 39/1985 s 17	15.7.1985
(u) deleted by 39/1985 s 17(g)	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 9A	inserted by 39/1985 s 18	15.7.1985
Pt 4
s 18A	inserted by 39/1985 s 19	15.7.1985
Pt 5
s 22
s 22(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 29	deleted by 39/1985 s 20	15.7.1985
s 33	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 35
s 35(1)	amended by 39/1985 s 21(a), (b)	15.7.1985
s 35(2)	amended by 39/1985 s 21(c), (d)	15.7.1985
s 36	deleted by 17/1983 s 2	12.5.1983
s 42
s 42(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 44
s 44(1)	amended by 39/1985 s 22	15.7.1985
s 44(2)	deleted by 17/1983 s 3	12.5.1983
s 45	deleted by 17/1983 s 4	12.5.1983
Pt 6
s 47	substituted by 39/1985 s 23	15.7.1985
s 48
s 48(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 49
s 49(2)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 50	deleted by 39/1985 s 24	15.7.1985
s 50A
s 50A(2)	amended by 39/1985 s 25	15.7.1985
s 50B	deleted by 39/1985 s 26	15.7.1985
s 52
s 52(1)	amended by 32/1980 s 15	22.5.1980
s 53
s 53(1)	amended by 46/1978 s 4	15.6.1978
s 57	deleted by 39/1985 s 27	15.7.1985
s 58
s 58(2)	amended by 39/1985 s 28(a)	15.7.1985
s 58(2a) and (2b)	inserted by 39/1985 s 28(b)	15.7.1985
s 58(3)	amended by 39/1985 s 28(c), (d)	15.7.1985
s 58(4)	substituted by 39/1985 s 28(e)	15.7.1985
s 58(5)	amended by 39/1985 s 28(f)	15.7.1985
s 59
s 59(1)	amended by 39/1985 s 29	15.7.1985
s 66A
s 66A(1)	substituted by 39/1985 s 30	15.7.1985
s 66A(2)	deleted by 39/1985 s 30	15.7.1985
s 66A(4)	amended by 32/1980 s 16	22.5.1980
s 66B
s 66B(1)	substituted by 39/1985 s 31(a)	15.7.1985
s 66B(2)	amended by 39/1985 s 31(b), (c)	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 66B(4)	amended by 39/1985 s 31(d)	15.7.1985
Pt 6A
s 66F
s 66F(3)	substituted by 34/2004 Sch 4 cl 2	1.7.2005
Pt 7
s 77
s 77(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
ss 74—76	deleted by 39/1985 s 32	15.7.1985
s 77
s 77(1)	amended by 39/1985 s 33	15.7.1985
s 78A	substituted by 39/1985 s 34	15.7.1985
s 78B	inserted by 39/1985 s 34	15.7.1985
s 78B(2)	amended by 43/2006 s 71(1)	1.6.2007
s 78B(5)	inserted by 43/2006 s 71(2)	1.6.2007
Pt 8
Pt 8 Div 1
s 82
inspector	deleted by 6/1977 s 3(a)	28.7.1977
irrigation works	amended by 6/1977 s 3(b)	28.7.1977
rules	substituted by 6/1977 s 3(c)	28.7.1977
Pt 8 Div 2
s 85
s 85(1)	s 85 redesignated as s 85(1) by 46/1978 s 5	15.6.1978
s 85(2) and (3)	inserted by 46/1978 s 5	15.6.1978
s 86	substituted by 23/2001 s 71	15.7.2001
s 87
s 87(1)	amended by 46/1978 s 6(a)—(c)	15.6.1978
s 87(2)	substituted by 46/1978 s 6(d)	15.6.1978
s 88A
s 88A(2)—(6)	deleted by 46/1978 s 7	15.6.1978
s 88A(7)	deleted by 6/1977 s 4	28.7.1977
s 88A(8)—(10)	deleted by 46/1978 s 7	15.6.1978
Pt 8 Div 3	deleted by 46/1978 s 8	15.6.1978
Pt 8 Div 4
s 94
s 94(1)	amended by 46/1978 s 9(a)	15.6.1978
s 94(2)	substituted by 46/1978 s 9(b)	15.6.1978
s 94(3)	deleted by 46/1978 s 9(c)	15.6.1978
s 94(6)	deleted by 6/1977 s 5	28.7.1977
s 94(8)	deleted by 46/1978 s 9(d)	15.6.1978
s 94(9)	deleted by 46/1978 s 9(e)	15.6.1978
s 95	deleted by 46/1978 s 10	15.6.1978
s 96	amended by 46/1978 s 11	15.6.1978
ss 97 and 98	deleted by 46/1978 s 12	15.6.1978
s 99	amended by 46/1978 s 13	15.6.1978
s 100	deleted by 46/1978 s 14	15.6.1978
s 101	amended by 6/1977 s 6	28.7.1977
amended by 46/1978 s 15	15.6.1978
Pt 8 Div 5	amended by 6/1977 ss 7, 8	28.7.1977
amended by 46/1978 s 16	15.6.1978
deleted by 39/1994 Sch 3	1.7.1994
Pt 8 Div 6
s 105	substituted by 6/1977 s 9	28.7.1977
s 106	deleted by 6/1977 s 9	28.7.1977
inserted by 46/1978 s 17	15.6.1978
s 107A
s 107A(1)	deleted by 39/1994 Sch 3	1.7.1994
s 107A(2)	amended by 46/1978 s 18(a)	15.6.1978
substituted by 77/1980 s 2(a)	13.11.1980
deleted by 39/1994 Sch 3	1.7.1994
s 107A(3)	amended by 46/1978 s 18(b)	15.6.1978
substituted by 77/1980 s 2(a)	13.11.1980
s 107A(4)	amended by 77/1980 s 2(b)	13.11.1980
s 107A(5)	deleted by 39/1994 Sch 3	1.7.1994
ss 108 and 109	deleted by 6/1977 s 10	28.7.1977
s 110
s 110(1)	amended by 6/1977 s 11(a)	28.7.1977
s 110(2)	deleted by 6/1977 s 11(b)	28.7.1977
ss 111 and 112	substituted by 6/1977 s 12	28.7.1977
ss 115 and 116	substituted by 6/1977 s 13	28.7.1977
Pt 9
s 125	amended and designated as subsections (1) and (2) by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10
s 144	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 145
s 145(1)	s 145 first sentence designated as s 145(1) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 145(2)	s 145 second sentence designated as s 145(2) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 146A	inserted by 35/2003 Sch cl 4(b)	24.11.2003
s 170
s 170(2)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 170(2a)	s 170(2) sentence commencing "The provisions of Divisions 5" designated as s 170(2a) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 171	amended by 39/1985 s 35	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 172
s 172(2)	amended by 39/1985 s 36	15.7.1985
s 174
s 174(1)	III deleted by 17/1983 s 5(a)	12.5.1983
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 174(3) and (4)	deleted by 17/1983 s 5(b)	12.5.1983
s 174A
s 174A(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 174A(2)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 175
s 175(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 175A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 187	amended by 17/1983 s 6	12.5.1983
s 188	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 189	designated as subsections and paragraphs by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 192
s 192(3)	inserted by 39/1985 s 37	15.7.1985
s 194	deleted by 39/1985 s 38	15.7.1985
s 200	deleted by 39/1985 s 39	15.7.1985
s 201
s 201(1)	amended by 39/1985 s 40(a)	15.7.1985
s 201(2)	amended by 39/1985 s 40(b)	15.7.1985
s 202	deleted by 39/1985 s 41	15.7.1985
Pt 11
s 206
s 206(1)	amended by 39/1985 s 42(a)	15.7.1985
s 206(2)	substituted by 39/1985 s 42(b)	15.7.1985
s 206(2a), (3) and (4)	deleted by 39/1985 s 42(b)	15.7.1985
s 210	amended by 43/1980 s 2	26.6.1980
s 211
s 211(1)	amended by 39/1985 s 43(a)	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 211(1b)	s 211(1a) second sentence designated as s 211(1b) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 211(1c)	s 211(1a) third sentence designated as s 211(1c) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 211(1d)	s 211(1a) fourth sentence designated as s 211(1d) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 211(2)	amended by 39/1985 s 43(b)	15.7.1985
s 212
s 212(1)	amended by 43/1980 s 3(a)	26.6.1980
s 212(2)	amended by 39/1985 s 44	15.7.1985
s 212(4)	deleted by 43/1980 s 3(b)	26.6.1980
s 221
s 221(2aaa)	s 221(2) second sentence designated as s 221(2aaa) under Legislation Revision and Publication Act 2002	24.11.2003
s 221(2aab)	s 221(2ac) redesignated as s 221(2aab) under Legislation Revision and Publication Act 2002	24.11.2003
s 221(2ab)	s 221(2a) second sentence designated as s 221(2ab) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 221(2ac)	s 221(2a) third sentence designated as s 221(2ac) by 44/2003 s 3(1) (Sch 1	24.11.2003
s 221(2ad)	s 221(2a) fourth sentence designated as s 221(2ad) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 221
s 222(1)	amended by 39/1985 s 45	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 12
ss 225 and 226	substituted by 39/1985 s 46	15.7.1985
Pt 13	heading amended by 39/1985 s 47	15.7.1985
Pt 13 Div 1
s 228	amended by 39/1985 s 48	15.7.1985
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 228AA	inserted by 46/1978 s 19	15.6.1978
deleted by 39/1985 s 49	15.7.1985
s 228B	substituted by 39/1985 s 50	15.7.1985
Pt 13 Div 2	deleted by 39/1985 s 51	15.7.1985
Pt 13 Div 3
s 241
s 241(1)	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 14
s 244
s 244(1)	s 244 amended by 39/1985 s 52	15.7.1985
s 244 redesignated as s 244(1) by 35/2003 Sch cl 4(c)	24.11.2003
amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 244(2) and (3)	inserted by 35/2003 Sch cl 4(c)	24.11.2003
s 245	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 246
s 246(3) and (4)	inserted by 35/2003 Sch cl 4(d)	24.11.2003
Pt 15	deleted by 39/1985 s 53	15.7.1985
Pt 16
s 249C	inserted by 17/1983 s 7	12.5.1983
ss 249D and 249E	inserted by 39/1985 s 54	15.7.1985
s 250	substituted by 39/1985 s 55	15.7.1985
s 251A	inserted by 39/1985 s 56	15.7.1985
s 254
s 254(1)	amended by 39/1985 s 57	15.7.1985
s 256
s 256(1)	amended by 39/1985 s 58(a)	15.7.1985
s 256(2)	amended by 39/1985 s 58(b)	15.7.1985
s 258	amended by 39/1985 s 59	15.7.1985
s 260	substituted by 46/1978 s 20	15.6.1978
s 260(1)	amended by 39/1985 s 60(a)	15.7.1985
s 260(3)	substituted by 39/1985 s 60(b)	15.7.1985
s 261
s 261(1)	amended by 39/1985 s 61(a)—(c)	15.7.1985
s 261(3)	amended by 39/1985 s 61(d), (e)	15.7.1985
s 261(4)	amended by 39/1985 s 61(f)	15.7.1985
s 261(5)	amended by 39/1985 s 61(g)	15.7.1985
s 261(6)	amended by 39/1985 s 61(h)	15.7.1985
s 261(9)	amended by 39/1985 s 61(i)	15.7.1985
s 261A
s 261A(1)	amended by 39/1985 s 62(a)	15.7.1985
s 261A(2)	amended by 39/1985 s 62(b)	15.7.1985
s 262A
s 262A(1)	amended by 39/1985 s 63(a), (b)	15.7.1985
s 262A(2)	amended by 39/1985 s 63(c)	15.7.1985
s 262A(4)	amended by 39/1985 s 63(d)	15.7.1985
s 262AA
s 262AA(1)	amended by 39/1985 s 64	15.7.1985
s 271B	deleted by 84/1986 s 2	4.12.1986
s 271D
s 271D(1)	substituted by 46/1978 s 21(a)	15.6.1978
s 271D(3)	substituted by 46/1978 s 21(b)	15.6.1978
s 271D(7)	substituted by 46/1978 s 21(c)	15.6.1978
s 271D(8) and (9)	inserted by 46/1978 s 21(d)	15.6.1978
s 271E	inserted by 46/1978 s 22	15.6.1978
s 271F	inserted by 26/1994 s 2	26.5.1994
Pt 17
s 273
s 273(1)	amended by 39/1985 s 65	15.7.1985
s 274	amended by 39/1985 s 66	15.7.1985
s 275
s 275(1)	amended by 39/1985 s 67	15.7.1985
s 277	amended by 39/1985 s 68	15.7.1985
s 285	amended by 59/1994 Sch 2	1.1.1995
s 287	amended by 59/1994 Sch 2	1.1.1995
Pt 18
s 288
s 288(1)	amended by 46/1978 s 23(a)	15.6.1978
s 288(1a)	substituted by 46/1978 s 23(b)	15.6.1978
amended by 39/1985 s 69(a)	15.7.1985
s 288(2)—(4)	deleted by 39/1985 s 69(b)	15.7.1985
Pt 19
s 293	amended by 39/1985 s 70	15.7.1985
s 294A
s 294A(1)	amended by 39/1985 s 71	15.7.1985
Sch 1	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Sch 3	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 2	III deleted by 17/1983 s 8	12.5.1983
Sch 4	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Item 2	(III) deleted by 17/1983 s 9	12.5.1983
Sch 5
cl 6	deleted by 17/1983 s 10	12.5.1983
Sch 6	deleted by 39/1985 s 72	15.7.1985
Sch 9
cl 8	deleted by 17/1983 s 11	12.5.1983
Sch 12	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 2	V and VI deleted by 17/1983 s 12	12.5.1983
Sch 13	heading substituted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Item 2	(V) deleted by 17/1983 s 13	12.5.1983

Historical versions

Reprint No 1—1.7.1991

Reprint No 2—26.5.1994

Reprint No 3—1.7.1994

Reprint No 4—1.1.1995

Reprint No 5—15.7.2001

Reprint No 6—24.11.2003

1.7.2005