Act No. 15, 1902.
An Act to amend the Hay Irrigation Act and the Hay Irrigation (Amendment) Act, 189G. [21st January, 1902.]
| BE | t h e advice and consent of t he Legis la t ive Council and Legislat ive |
it enacted by the K i n g ' s Mos t Exce l len t Majesty, by and wi th
| Assembly of N e w South Wales in P a r l i a m e n t | assembled, and | by the |
| au thor i ty of t h e same, as follows :— |
| 1. This A c t shall be construed wi th | the H a y | I r r iga t ion | A c t |
| (hereinafter | referred | to as t h e | " P r i n c i p a l A c t " ) | and | t h e H a y | I r r iga t ion |
| ( A m e n d m e n t ) | Act , | 1896, | and | m a y | be | cited | as t h e " H a y | I r r iga t ion |
| (Amending) | Ac t , | 1 9 0 1 . " |
2. The whole of sections fourteen, sixteen, and twen ty - th ree of
t h e Pr inc ipa l Act , and the provision in section th i r ty-seven of t he
P r inc ipa l A c t for de te rmin ing any d ispute by arbi t ra t ion , are repealed.
3. W h e r e any compensa t ion is claimed from the t r u s t on account
of in jury , loss, or damage alleged to have been sustained by any person, a n d such c la im is d i sputed by the t rus t , t he dispute may be referred
| to t h e arb i t ra t ion of an arb i t ra tor | or of an | u m p i r e | and | arbi t ra tors , | as |
m a y be agreed upon by the t r u s t and the person so c la iming.
| 4. The t e r m of any lease u n d e r section fifteen | of t he Pr inc ipa l |
A c t shal l no t exceed n ine ty-n ine years, and land m a y be let unde r t h a t section in one or more port ions of any area, b u t so t h a t t he to ta l a rea let to any one person shall not exceed forty acres.
5. Al l lots leased before or after t h e commencemen t of th i s A c t shal l be improved to t he va lue of t en pounds per acre.
| I n t h e case of a lot | applied for | before | t h e | c o m m e n c e m e n t | of |
th i s Act , such improvemen t shall be effected wi th in two years after
| I n t h e case of a lot appl ied for after t he commencemen t of th is Ac t , such i m p r o v e m e n t shal l be | effected | w i th in | two | years | after | t h e |
| da te of t he | appl icat ion. |
| Af te r t he expi ra t ion of a n y | such | period of two years , t he | t r u s t |
m a y requ i re t h e lessee of any lot, by not ice in wri t ing, served on h i m personal ly or b y post, or publ ished in a newspaper c i rcu la t ing in t he ne ighbourhood of t h e lot, or affixed on the lot, to effect t he improvemen t s wi th in t h r ee m o n t h s from t h e serving, publ i sh ing , or
| affixing of t h e not ice. | A n d if t he lessee fails to effect t he improvements |
| wi th in | t he | said | th ree m o n t h s , t h e t rus t | m a y re t ake possession of t h e | lot |
| a n d eject t h e lessee w i t h o u t any compensa t ion | for | improvement s | or |
| otherwise, and relet t h e lot to ano ther | t enan t . |
| 6. The ren t s of lots leased after t h e commencemen t of th is Ac t shall be fixed a t t he t i m e of l e t t ing and shall no t be af terwards | al tered. |
The ren ts of lots leased before t h e commencemen t of th i s
Ac t may, on appl ica t ion b y t h e lessee and wi th t h e approval of t h e
Secre ta iy for Lands a n d after such inqu i ry as he m a y direct , be
| reduced b y t h e t r u s t ; | b u t such reduct ion | shal l be m a d e only once. |
The lessee of a lot shal l no t suble t except w i th the approva l in
| wr i t i ng | of | t h e | t rus t . |
| 7. The lessee of a n y lot, w h e t h e r leased before | or after | t h e |
| c o m m e n c e m e n t | of | th i s | Ac t , | shall pay to | t h e | t rus t | a t t h e ra te | prescr ibed |
| by by- laws which | the t r u s t is hereby author ised to m a k e | in | p u r s u a n c e |
| of t h e Pr inc ipa l Act , for a n y wa te r suppl ied to such lot or to such |
| lessee th rough | any channe l wh ich lias been cons t ruc ted by t h e | t rus t . |
| 8. Al l ra tes , rents , a n d moneys | due , before | or after | t h e |
commencemen t of th is Act , to t he t rus t for water suppl ied and otherwise m a y be recovered in any cour t of pe t t y sessions or Dis t r i c t
| Cour t h a v i n g jur isdict ion, or in t h e | Sup reme | Court . |
| 9. | Whosoever | w i thou t | lawful | a u t h o r i t y — |
| (a) | allows cattle, horses or sheep to trespass on any enclosed part |
| of t h e i r r igat ion | area | no t | leased by t h e t ru s t or to damage | |
| a n y works of t h e t r u s t ; | or | |
| (b) removes any soil, t imber , or wa te r from a n y p a r t of | the |
| i r r igat ion area not leased bv t h e | t ru s t |
| shall be l iable to a pena l ty not exceeding t w e n t y | pounds . |
A n y
A n y such penal ty may he recovered m a s u m m a r y way before a cour t of pe t ty session.
| 10. | (1) | U p o n the de te rmina t ion of t he lease of any lot, t he lessee |
shal l be ent i t led to receive the va lue to an incoming t e n a n t of the improvements from any persons who takes a lease of the land containing t h e improvements . And in t he event of such persons no t pay ing the amoun t t h e n due and unpa id for the va lue of such improvements , sucli a m o u n t or so m u c h thereof as remains unpa id for the t ime being shall, u n t i l p a y m e n t thereof, be and remain a cha rge upon the land containing such improvements whi le in t h e hands of a lessee. The value of the improvemen t s to an incoming t enan t shal l be appraiseel by the local land boarel in t he m a n n e r prescribed by section forty-four of the Crown Lands A c t of 1889, b u t shall be calcula ted on the basis of t he value oi such improvement s to t he land leased, and the p a y m e n t of the value shall be made by such ins ta lments , anel a t such dates, as may be
| prescr ibed by regula t ions m a d e by t h e | Governor . |
| The improvements , in respect of which t enan t - r i gh t is | conferred |
by th is Act , shall in all cases b e —
| (a) | of a pe rmanen t , fixed, and subs tant ia l character , and necessary |
| for t h e profitable occupat ion of t h e lanel; | and | |
| (b) | the property of the person claiming to have tenant-right in respect thereof; |
and improvemen t s which were forfeited or forfeitable to, or vested in. t he t r u s t immedia te ly prior to the accru ing of t h e t enan t - r i gh t shall no t be inc luded:
| (a) t he t enan t - r igh t | shal l lapse after | t he expi ra t ion of | twelve |
years f rom the da te of i ts first accru ing , and thereaf ter the improvement s shall be t he proper ty of t he t r u s t ; b u t such laps ing shal l not affect any agreement , appra isement , or order
| for p a y m e n t | previously m a d e ; | and |
| (b) | the holder of the lease of the lanel containing the improve |
m e n t s shal l be liable to pay any ins ta lments of t he value
| thereof, as appraiseel by t he local lanel board, which may | |
| accrue due durin£r his holding. |
11. A n y loans of money made before the commencemen t of th is A c t to t h e t ru s t ou t of 1 he Genera l Loan Accoun t shall be deemed to have been lawfully made subject only to any t e rms or condit ions in respect of such loans b ind ing on or to be performed by the t ru s t in pu r suance of any bond or ag reement of t he t rus t . A n d all the p roper ty and all t he revenues of t h e t r u s t a re hereby charged wi th t he repay m e n t of such loans and interest the reon a t t he ra te agreed upon .
A c t