Lake Bonney Settlement Act 1894 (SA)

ANNO QUINQUAGESIMO SEPTIMO ET QUINQUA-

GESIMO OCTAVO

A.D. 1894.

No. 599.

An Act relating to the Establishment of an Irrigation

Settlement at Lake Bonney.

[Assented to, December 21s f , 1894.1

E it Enacted by the Governor of the Province of South Aus- Preamble.

and House of Assembly of the said province, in this present Parlia-	B tmlia, with the advice and consent (if the Legiilative Council
ment assembled, as follows:

PART I. PAXT I.

PRELIMINARY.

1. This Act may be cited as The Lake Bonney Settlement Act, short title.

l894 ."

2, The chief objects of this Act are- chief objocta.

(1) To provide for the establishment of a settlement at Lake

Bonney, wherein

(2) Irrigation works and improvements will be undertaken by

the Commissioner of Public Works, and

(3) Land may be acquired on

(4) Terms which will recoup, with interest, the public expendi-

ture.

3, This Act is divided into parts, as follows :-- Parta.

PART I.-Preliminary.

PART I [.-Setting Apart and Sub-division of the Settlement.

A-599 PART

57' & 58" VICTORIE, No. 599.

The Lake Bonney Xettlmtent Act.-1894.

Y d s r I. PART 11r.-Management of the Settlement before the Constitu-

tion of the Trust.

Division l .-Improvements :

*

Division 2.-~o~uisition, tenure, and transfer of land:

Division 3 ,-Financc.

PART TV.-Terms and Conditions of Perpetual Leases.

PART v.-Management of the Settlement after the Constitn-

tion of the Trust.

Division 1.-The Lake Bonney Irrigation Trust.

*

Division 2,-General Powers ;tnd Iht ies of the Trust.

Interpretation. 4, I n this Act, unless where thc context requires a different con-

strmction-

" By-law " means by-law made by the Trust pursuant to this Act:

Coulmissioner " means the Commissioner of Public Works:

'' Factories" includes buildings, machinery, and appliances for the

purpose of wine making, fruit prcscrving, or dairying, or

any other purpose approved by the Commssioner:

Factory fund " means the fund referred to in section 48:

U Government reserves" means lands within the settlement re- served for Government l~urposes by the proclamation consti-

tuting the Trust:

Land tax " includes the land tax imposed by the "Taxation Act, 1884," and all land taxes to be imposed by any Act amending

the same.

" Lessee " includes as well the original lessee of land held under %

perpetual lease issued pursuant to this Act as the transferee

of such lease and the execntors or administrators of any such

lessee or transferer:; and, for the purposes of any assessment

made or rate declared under this Act, includes the person for the time being receiving or entitled to reccive the rents and profits of any leased land, whether on his own account or as trustee or agent for another:

" Paying settler " means a settler who has entered ihto an agree- "

ment in the form in Schedule I) :

Prescribed " means prescribed by this Act or by by-law:

Proclamation " means proclamation by the Governor in the

Government Gazette :

Purchase-money," as regards st settler's block or a township allot-

ment, means the price for a perpetual lease thereof:

G Regulations " means the regulations in force under this Act:

Settlement " means " The Lake Bonney Irrigation Settlement," established under this Act:

" Settler's

57" & 58" VICTORIE, No. 599.

The Lake Bonney Settlement Act.-1894.

PABT z.

'"ettler's block " means a settler's block such as is referred to in

paragraph (1) of section 7 :

This Act " includes regulations:

Township allotment " means a township allotment such as i~1

referred to in paragraph (2) of section 7 :

Trust" means the Lake Bonney Irrigation Trust constituted

under this Act :

Trustee " means a member of the Trust:

Working settler" means a settler who has entered into an

agreement in the form in Schedule C.

5, All powers conferred by this Act upon the Commissioner shall Discretionary exercise

be exercised when, where, and in such manner as the Commissioner p,,ners.	of Commissioner's
shall think fit, unless otherwise expressly provided.

PART 11. PART 11.

SETTING APART AND SUB-DIVISION O F THE

SETTLEMENT.

6, The Governor may, by Proclamation, set apart the land Governor may set apwt land for

i,,igulion settlement. missioner unless and until at least two hundred and fifty blocks have becn taken up by settlers who have entered into an agreement in the form of Schedule D hereto, and have made a deposit of Thirteen Founds for each block applied for, which deposit shall also be paid by all paying scttlers, and shall be retained by the Com- missioner until completion of the agreement as security for the

described in Schedulc A hcreto, and shown in the plan at the

end of this Act, for the purposes of the Lake Bonney Irrigation

performance thereof.

7, The Commissioner shall cause the settlement to be surveyed S y e p and sub- dwision.

and subdivided as follows: --

(1) Into not more than one thousand settlers' bloclrs of about ten

acres each:

(2) Into not more than three townships, each containing not less

than two hundred allotments of about half an acre each:

(3) With Government reserves, and reserves fbr roads, for sites for factories, for commonage, and for any purposes approved

by the Commissioner.

8. A plan of the settlement, showing the sub-divisions thereof, Plan.

and distinguishing the several blocks by separate numbers, and certified by the Engineer-in-Chief, shall be kept in the office of the -

surveyor-~eneral. -

PART

57" & 58" VICTORIB, No. 599.

me Lake Bonney Settlement Act.-1894.

MANAGEMENT OF THE SETTLEMENT ~ E F O R E THE

CONSTITUTION OF THE 'L'RUS'I'.

Division L- Improvements.

Commissioner to Q, Until the constitution of the Trust the settlement shall be

mana e settlement managed and controlled by the Commissioner.

until &m	con-
stituted.

Commissioner to

construct irrigation 10, The Commissioner shall undertake-

and other works and (1) The construction of works, and the erection of machinery

improvemenb.

for supplying water to the settlement, and for irrigating

the settlers' blocks:

(2) The erection of a dwelling on each settler's block, and the

fencing of each such block, and the planting of one-half

thereof,

Forty-five Pounds shall be spent in the ercction of the

dwelling, but if the settler so desires a lesser sum may

be spent, and the balance shall be expended in other

improvements on the block. The certificate of the Commissioner shall be conclusive as to the amount of the expenditure:

Provided that, in the case of any settler holding more than one block, the whole or any proportion of the improvements to which he pay be entitled upon such land shall be carried out on either of his blocks if the settler so desire.

CommLioner may

construct roads and 11, The Commissioner may-

other improvements. (l) Construct roads, streets, bridges, and jetties upor1 the settle-

ment:

(2) Erect factories on factory reserves.

Division 2.-Acquisition, Tenwre, and TransfEr of' l a n d.

Mode of acquisition 12. Land in the settlement may be acquired as follows :-

of land.

(l) As to settlers' blocks-

( a ) Prior to the payment of the purchase-money, by

settler's agreement:

( b ) After payment of the purchase-money, on perpetual

lease:

(2) As to township allotments-

( c ) On perpetual lease.

Settlere' agce ements. 13. Each settler's agreement shall bind the settler to purchase a settler" block, and shall be i n the form in Schedule C' or D, which may be applicable, and shall be 'executed by the settler at the time and place appointed by the Co~nrnissioner, and in manner prescribed.

Maximum purchase. \4, The purchasemoney for a settler's block under a settler's

money of block.	sgieement shall in no case exceed Twentytwo Pounds per acre,
and shall be the share of the settler in the outlay by the Com- missioner, as ascertained pursuant to section 50. 15. The

57" & 58" VICTORIA?, No. 599. 5

The Lake Bolaney 8ettleneent Act.-1 894.

15. The Commissioner map, by notice in the Gwernment Gazette PART m.

and published in such other manner as he shall think fit, invite c o d i o n e r

applications from fluitable persons desirous of becoming settlers ~ ~; f $ ~; ~ ~

under this Act. The notice shall specify rt date on and after which ~ e t t l ~ ~ ~.

such applicatioiis will be received.	A11 applications shall be in the
form in Schedule B.

16, Settlers shall be divided into two classes, namely, "Working	Clamification of
settlers.

Settlers " and Paying Settlers."

17. The labor necessary for carrying out the works by this Act ~ ~, " ~ O ~; ~ 6 " s

authorised shall, as far as conveniently practicable, be obtained by preference.

the employment of working settlers.

18. The Commissioner shall deduct from the earnings of each Portioqof working settlers earnings to

working settler, under his agreement, a sum computed at the rate gOtowsraspapent

of two-thirds of such earnings per week, and shall credit t'he same ;:$:h~e-mone~	of
against the purchase-money of the block.

1% The Commissioner may accept or reject any application; but Limitation of &ppE-

not more than six hundred applications shdl be accepted in the case t$,",*pCe

of paving settlers, nor more than four hundred in the case of working

scttlek, and the number of working settlers shall not at any time ex-

ccecl two-thirds of the nurnbcr of pa.ying settlers.

20, The following persons shall not be eligible to become working Disqudiications.

settlers, that is to say-

( a ) Persons who have not been continuo~dy resident io the pro-

vince for two years irurnediately preceding the thirtieth day

of June, one thousand eigll t hundred and ninety-four:

(b) Persons under eightecn or ovcr sixty years of age:

(c) Asiatics:

(d ) Persons holding, or being or having been interested in, land in

the provhce improved with the aid of advances from thc

public funds which have not been repaid.

Thc Conimissioner shall not accept any applicant being an Asiatic as a paying scttlcr.

21, The Commissioner shall, by notice in the Government Gazette, Notice to successful

notify succcssful applicants of the acceptance of their applications applicsnts.

and appoint a time and place for signature by them of their agrce-

xnents.

22. The Commissioner shall cause a settler's block to be allotted Allotment ofblocks.

to each succcssful applicant who has duly executed his agreement. The first allotment of blocks among the settlers shall be by ballot,

but afterwards the allocation shall be made according to priority of

application; applications received on the same day being determined by ballot. 23. The

57" & 58" VICTORIE, No. 599.

The Lake Bonney Settlement Act.-1894.

PART 111. 23, The balloting shall be conducted by some persons to be

conanot~f	ballot,	appointed by the Commissioner, and in such manner as he shall determine; and the number of the block allotted to each settler
shall be forthwith notified to him.

Limitation of settler's

interest in block and 24, Each settler shall fulfil his agreement in every respect, and

Pmduoetharmf.	shall be entitled to the posmssion and user of the block allotted to him, and to the produce thereof during the continuance of his agreement, so long as he shall observe and perform the terms and conditions thereof to the satisfaction of the Cominissioner; but, except as in this sectiou mentioned, he shall not, until a perpetual lease shall be granted him, as p~ovidcd by this Act, have any separate interest or property in such block, or in any buildings or
improvemcn ts thereon,
Working settler to

enter into occupalion 25. Every working settler shall, at such time and manner as the

at time

Commissioner shall appoint, proceed to the settlement and enter into

occupation of the block allotted to him.

Paying settler to give

notice of intention to 26. Paying settlers shall notify the Commissioner when they

occupy.	desire to enter into occupation of the blocks allotted to them, and until receipt of such notification the Commissioner shall not proceed
to erect dwellings upcn such blocks as by this Act authoriscd.
Commiaaioner may
supply water at	27. After the construction of the works mentioned in section 10, or sooner if practicable, and until the constitution of the Trust, the Commissioner shall supply water to the lessees of township allot- ments, and to the settlers for domestic, factory, or irrigation purposcs, at such rates and upon such terms as may be prcsclibed.
prescribed rahe.
Certain water to be

free. 28. Until the completion of the works mentioned in section 10

no settler shall be charged for water supplied for irrigation purposes

in respect of the half of his block of which the Commissioner shall

undertake the planting.

Settlers may improve

their blooks subject 29. Settlcrs may plant and cultivate theii* respective blocks, and

20 make improvements thcreon; but it shall bc lawfbl for the Com-

control.	missioner to control such planting, cnltivation, and improvement in any case where it niay be deemed necessary by the Inspector, un- til the constitution of the Trust provided under Part V. of this Act.
settler^ may be trans-

ferred to Werent 30. Settlers may, with the consent in writing of the Cornmis-

class with Commis-

sioner, be transferred, either permanently or for such period as may

sioner's consent.

be determiued, from the class of working settlers to that of paying settlers, or vice zwsri, and in every such case the settler shall, during the period of his transfer, observe and perform the conditions of the agreement prescribed for members of the class to which he shall be so transferred, and shall be subject to tlie same liabilities, in like manner in all respects as if he had signed the agreement apylic- able to such class.

Transfer

57' & 58' VICTORIW, No. 599.

The Lake Bonney Settlemefit Act-1894.

Tra~zsfer qf Settlers' Agreements. PABT in.

-

Agreements mhy be

31. Any scttler desiring to transfer his agreement to some transferredwith

eligible person may do so in manner prescribed, with the approval comm~~i0nef8 m-

. sent.

of the Commissioner, but not otherwise.

32, I n the case of a deceased settler his personal representatives ~~g~~, " f i " ,~88a

may, within twalve months after his decease, exercise a similar right aettler~.

of transfer,

33. The person d~siriiig to effect a transfel. shall cause an instru- Form of transfer.

rrient of transfer, in the form in Schedule E hereto, to be executed in manner prescribed by the transferor and proposed transferee, and shall transmit the same to the Commissioner.

34, The instrtlment shall truly set forth the consideration for transfer Consideration to be stated, for

the proposed transfer, and the amonlit standing to the credit of the and profit tobe paid

If the con- to Com~gsioner.

transferor against the prxrchase-moncy of the block.

sideration shall cxceed-the total of such amount added to the value of any iinprovernents made by the settler on the block, thc excess above such total shall be forwarded to the Commissioner with the instrument. The decision of the Commissioner as to the value of any such improvcments shall bc: final for all thc purposcs of this section. Tf thc Commissioner shall not approve of the transfcr, the amount forwarded to him shall be ref'uncied to thc person paying the same, and the instrument shall haw no effect as a transfer.

notify the transferor and transfercc thereof, and thereupon the transfer. 35, If the Commissioner shall approve of the transfer he shall Effect of approved

transferor shall be released from the agreement, and all his privileges and advantages, duties, and liabilities under such agreement shall

' the hurchase-money standing to the credit of the transferor shall be	vest in and devolve upon and be discharged by the transferee; and
transferred in account to the credit of the transferee.

36. In m y of the following cases, that is to say-- ment Cancellation and repayment of agree-

. (a ) If any working settler " shall become permanently disabled ~~~~~~~f

or be otherwise rendered incapable of working, of which in- credited.

capacity the determination of the Commissioner upon such

evidence as he shall consider sufficient shall be final; or

( b ) If any " paying settler " shall permit his payments to fall

Into arrear to an amount exceeding Ten Pounds; or

(c) If any settler shall die, and his personal representatives shall not, within twelve months after his decease, obtain the Comniissioner's approval to a transfer of his interest.

to some eligible person:

the Commissioner may pay to the settler, or his representatives, a sum equal to one-half of the amount credited to such settler against

the purchasemoney of the block, and, by notice in writing to such

settler or his representatives, cancel his agreement. The residue of

the moneys credited shall belong to the Commissioner, 37, If

57' & 58' VICTORIA?, No. 599.

The Lake Bonney lSettlenaent Act.-1894.

PABT m. 37. If any paying settler shall make default in payment of any

Peedty for non-	instalment of purchase-money upon the day appointed for the pay-
payment of
mstakngate.	ment thereof under his agreement, a penalty of five per centum shall be added to thc amount of such instalrncnt; and if such amount and penalty be not paid within one month after such day, a further penalty of ten per centum may be added by the Commissioner.
Cancellation of agree-

ment and forfeiture of 38. If any settler shall make default in the observance or per-

moneys for breach.	formance of any of the terms or conditions of his agreement, the Commissioner may, by notice in writing to such settler, cancel his agreernenb, a ~ d thereupon all moneys paid by or credited to the
settler as against thc purchase-money of the land shall be absolutely
forfeited by the settler to the Commissioner.
Commissioner in

special caeee may 39. If any settler shall make any such default as is mentioned

wajve entire for-	in the lastly-preceding section, and if the Commissioner shall con-
feiture.	sider that, in the special circurnstanccs of the casc, a less penalty than the forfeiture of all the moneys paid or credited as in that section mentioned would suffice, he may, upon cancellation of the agreement, pay to the settler any proportion, not exceeding one-half, of the amount of such money S,
Effect of cancellation

of agreement. 40. Thc Comrnissioncr shall give one mouth's written notice to

the settler before cancelling any agreement, and if t h ~ Commissioner shall cancel any agreement he shall give noticc thereof in the Govern- ment Gazette, and from the date of such cancellation the set,tler shall

have no further right to the user, or occupation, or produce of the

land comprised in the agreement, nor to any improvements thereon,

nor any finrther interest in the settlement; and such lands and im-

provements may be allotted by the Commissioner, and possession thereof givcn to some other person willing to take thc same, as if

the cancelled agreement had never existed. *

Limitation of block

holdings. 41. No person shall be entitled at the same time to hold, use, or

occupy more than two settler's blocks. Township Allotments.

Xleanea of township 42, The Commissioner may sell by auction perpetual leases of

Lands may be offered

at auction.	township allotments.
Limitation of

holdings in town- $3. No person shall be entitled at the same time to hold, use, or

ships. occupy more than two township allotments.

Part V11 I., "The

Crown Lands Act of M. The provisions of Part VIII, of The Crown Lands Aci,

1888," inoorporated	1888," shall be deemed to be incorporated in this Act so far as the
herewith.	same shall be applicable,

Division 3.- Finance.

Outlay by C o d -

nioner not to exceed 45. The outlay by the Commissioner in carrying out the objects

Two Hundred and	and purposes of this Act. exclusive of the cost of erecting factories,
shall* not exceed Two Hundred and Twenty Thousand Pounds, but

it

57' & 58" VICTORIA, No. 599. -

The Lake Bonney Settlement Act.-1894. --

P*m U ~ *

it is the intention of this Act that the Commissioner ~ha l l expend

no money in carrying out its objects beyond the amounts paid to him, T m n t ~

T h a ~ n d

Pounds and to be

from time to time, by the paying settlers; but the Commissioner is treaed$ an adVBnCB

authorised, if he thinks it desirable, to advance a sum of One Pound for each Two Pounds so paid to him, but so that such sum shall in no case exceed Ten Thousand Pounds beyond the amounts so con- tributed; and all advances shall be made out of revenue and not Aavancefiom	revenue.
from loan. The said outlay shall be treated in account as moneys advanced by the Commissioner, and to be repaid with interest at the rate of five per centurn per annum.

46, The cost of erecting factories shall be defrayed by the Corn- codof erecting factories to be borne

missioner out of the moneys standing to aredit of the Factory Fund. by h,torY P&,

47, The Commissioner shall cause to be kept a separate account, The ~ a k e Bonney

to be called the	Lake Bonney Settlement Account," to which Se'tlement ACcOUnt*"
shall be

Debited-

( a ) The outlay by the Commissioner in carrying out the ob-

jects and purposes of this Act, exclusive of the cost of

erecting factories:

(L) Interest on the said outlay, computed at the rate mentioned

in section 45 :

And Credited-

(c) All moneys paid by paying settlers on account of the

purchase-money of their blocks:

(d) All moneys deducted from the earnings of working settlers,

and credited against the purchase-money of their blocks:

( e ) All moneys received by the Commissioner on account of

water supplied upon the settlement.

48, The Commissioner shall also cause to be kept a separate ~aa to ry F U U ~.

account, to be called the Factory Fund," to which shall be

(a) The outlay by the Commissioner in erecting factories:

( b ) All moneys paid to any settler or settler's representatives

on cancellation of a settler's agreement:

Credited-

(c) All moneys received by the Commissioner on the transfer

of any settler's agreement:

(d) All moneys forfeited to the Commissioner on the cancella-

tion of any such agreement:

(e) All penalties received in respect of the non-payment of any

instalment of purchase-money:

( f ) The net proceeds of the sales of leases of township allot-

ments : 49. An

B499

57" & 58" VICTORIA?, No. 599.

The Lake Bonney Settlement Act.-1 894.

PART m. 49, An abstract of the accounts provided for in sections 47 and

~ b ~ t r a c t of accouatm 48, showing the sums respectively debited and credited therein

" b ~ f m be -udly Parliament. laid under convenient headings, shall be annually laid before Parliament.

Price of settlers"

bloch, how to be

50. As soon as the Commissioner shall consider the works mentioned in section 10 satisfactorily completed, the Commissioner shall ascertain the price or purcha&.mo&y of 'the settlers' blocks in manner following, that is to say:-- The aggregate of the amounts debited to the Lake Bonney Settlement account, in respect of the matters mentioned in paragraphs (a) and ( b ) of section 47, shall be

flzed.

divided by the number of acres in the settlers' blocks shown in

the plan mentioned in section 8, and the purchase-money of each

settler's block shall be fixed at the rate per acre thus ascertained.

When o~.edits equal 51.

So soon as the cash payments made by a settler, or the earn- mount to a sum equal to the purchase-money of his block, as deter- mined by the preceding section, such settler shall be entitled to a per- petual lease of the block.

purchaee-money,

1 ings credited to him, or the cash payments and earnings credited, shall

perpetual lease.

PART rv. PART IV.

t TERMS AND CONDITIONS O F PERPETU'AT, IAEASES.

Perpetual leaees to	52, Every perpetual lease to be granted pursuant to this Act be in the form in Schedule F, subject to any modifications or addi- tions which the Commissioner hall think necessary for giving effect to this Act.
be in the form in	shall be granted by and in the name of the Commissioner, and shall

schedule F,	be
granteabycom-
missioner.

Leasee to be prepared 53, Every such lease shall be prepared by the Commissioner, and

by Commieeioner.

executed within such time and in such manner as may be pre-

scribed.

Rent% to be reserved. 54, The annual rent to be reserved by every perpetual lease of

a township allotment shall be One Pound; and by every perpetual lease of a settler's block shall be One Shilling per acre; such rents shall be payable annually in advance, and shall not be subject to. re-valuation.

Leseee to pay land 55. Every such lease shall subject the lessee to payment of the

tax. land tax, in addition to the rent thereby reserved.

PART

57' & 58' VICTORIW, No. 599 11

The Lake Bonraey Settlement Act-1894.

PART V., PUT v.

MANAGEMENT OF T H E SETTLEMENT AFTER THE

CONSTITUTION OF THE TRUST.

Division l .- The Ihke Bonney Irrigation Dust.

So soon as perpetual leases shall have been granted, pursuant to this Act, of not less than one hundred settlers' blocks, the Gover- tion Truat.97	Connstitution of ( d The
Lake Bonney Irriga-
nor may, by Proclamation in the Government Gazette, constitute a Trust, to be called " The Lake Honney Irrigation Trust," which shall thereafter have the control and management of the settlement.

6.6.

57. The Trust shall consist of seven members. The first TO oonsiet of w e n

members shall be appointed by the Commissioner by notice in the tmtees.

Government Gazette.

58. The Trust shall be a body corporate, and shall have per- Incorporationof

petual succession and a common seal, of which judicial notice shall

be taken, and shall by its name be capable of suing and being sued, and of purchasing, holding, and alienating land, and of doing and

suffering, subject to this Act, all such other act^ and things as

bodies corporate may by law do and suffer.

.Divis-ion 2.-- Gerze~al Powers and Duties qf the l"kust.

59. Upon the Trust being constituted a11 roads, streets, common- Workeandlandatob,

age lands and other reserves within the settlement, and all irrige- m"d	in the
tion and public works and factories, with the plant appertaining thereto, and all improvements made or constructed by the Commis- sioner under the authority of this Act, shall vest in and be under the control of the Trust, with the following exceptions, namely-

(a) Government reserves, and any works, buildings, or improve-

ments thereon:

(6) Improvements, other than irrigation works, upon settlers'

blocks or township allotments.

60, Within the settlement, for the purposes of this Act, the Trust Dutiee and powers of

shall have the like duties, jurisdiction, powers, and authorities as ~ ~ ~ ~ ~ ~ $ ~ ~ $ f ~

discharged or excrciscd by them within or in connection with their may be proalaimedn additional powers an	are by law imposed upon or vested in District Councils, and to be Councils, with such
several districts; and also all such duties, jurisdiction, powers, and authorities, not inconsistent with this Act, 6 may be deciared b; the Governor by Proclamation, or as may be conferred or imposed by Parliament by Act.

61, For the purposes of this Act, all the provisions of The Incorporationof certain provisions of

District Councils Act, 1887," which relate to- Aot No. 419 of 1887,

(a) The jurisdiction, duties, powers, and authorities of District

Councils:

( b ) The qualification, disqu alificalion, election, retirement, duties, powers, and privileges of councillors, and all elective officers: (c) The

57" & 58" VICTORIA5, No. 599.

PABT v. ( c ) The duties, powers, md privileges of officers and servants

appointed or employed by the Council:

( d ) Assessments, and appeals therefrom:

( e ) Rates tmd ratepayers:

(f) Meetings and elections:

(g) Income and expenditure:

( h ) Evidence, procedure, and forms:

in so far as such provisions are not repugnant to this Act, shall be

incorporated herein mutntis muttzndtis.

Interpretation of

certain words in 62. I n particular the following words occurring in such incor-

i n c ~ r p a r a ~	pm.	porated provisions shall, for the purposes of this Act, have the
viaons.	meanings hereby assigned to them, namely-

" District " means settlement:

cc District Council " means Trust:

c ' Councillor " or Member of the Council " means trustee:

6 b Owner " means lessee.

f urisdiction and

owers of District 63, No District Council shall have or exercise any powers, juris-

tOrmCaI ,,,,d. diction, or control within the settlement after the constitution of the Trust.

Tmat t~ SUPP~Y ~ n d 64, The Trust shall supply and distribute water for the irrigation

distribute water. of the settlement and the use of the inhabitants thereof, and at such reasonable rates and charges as may be approved by the Commis- sioner, and to others who are adjacent to the settlement, and at such rates as may be agreed upon.

rat^ be d e b d 65. All rates declared by the Trust sha,ll be declared upon the

on the bash of area.	basis of area, irrespective of improvements upon the land, and so	that one acre of land in a township shall be deemed to be equivalent
to ten acres of land in settlers' blocks.
Aeaesmnent of

fractional part8 of $6, For the purpose of computing the rates payable in respect

acre#. of-

Settlers' Blocks.-A fractional part of an acre, if equal to or ex- ceeding half an acre, shall be deemed to be an acre; but if less than half an acre, shall not be taken into account.

Township Allotments.--A fractional part of an allotment, if equal to

or more than one rood, shall be deemed to be half an acre;

but if less than one rood shall not be taken into account,

T m to have regard

to wiehee of rats- 67. In all matters relating to the development of the settlement,

p s y ~ in management the erection, carrying on: repair, and maintenance of factories or other

of settlement.

works in connection therewith, the declaring of rates, the expendi-

ture

5 7 O & 58" VICTORIW, No. 599.

The Lake Bonney Settlemefit Act.-1894.

ture of the moneys of the Trust, the appointment or removal of officers or servants of the Trust, or otherwise relating to the manage- ment of the settlement, the Trust shall have regard to and beguided by the opinion of the ratepayers, as expressed by resolution carried

by a majority of three-fourths of the ratepayers qudified to vote, and

voting, personallv or by proxy, at a meeting of ratepayers specially convened for the Fonsideration of such resolution: Provided that such resolution shall not be repugnant to any of the provisions of this Act.

68. Subject to the provisions of section 67, all powers and duties

Powers to be exer-

cised in manner mwt

to be exercised and performed. by the Trust pursuant to this Act

beneficial to settle-

shall be exercised and performed in such manner as the trustees

ment.

shall consider most conducive to the attainment of the objects and

purposes of this Act, and most aclvantageous to the settlemcnt.

69, The Trust shall have and perform the like powers and	Powers and duties
of Trust undor other

duties under all Acts in force in the province as it would have and	Acts.
perform if the settlement were a, district constituted by or under ' T h e District Councils Act, 1887," and the Trust were the District Council of such district,
70. The settlement is hereby constituted a local option district within the meaning of Par t IV. of	Local option.

The Licensed Victuallers

Amendment Act of 189 1 ."

71. No licence or permit of any kind for the sale of intoxicating liquor shall be granted within the settlement until a poll has been taken under the provisions of Part IV. of "The Licensed Victuallers Amendment Act of 1892." Poll. to be taken.

PART VI.

MISCELLANEOUS.

72, The Governor may, by Proclamation, withdraw from the Lake Governor may with-

Honney Irrigation Trust any commonage or other reserves for the rmt and naonstit,,te draw lands from

further settlemenb.

time being vcstcd in it, and constitute the land so withdrawn, or subject to such modifications as the Commissioner may think necessary, with persons desirous of becoming settlers, and with similar Agh ts to perpetual leases; and may set apart townships, and sell by public auction perpetual leases of township allotments; and may set apart further commonage and other reserves, and may make all necessary survcys and sub-divisions; and generally may deal with such further settlements, reserves, and commonage in like manner as by this .%ct is authorised with refcrencc to the Lake Bonney Irrigation Set tlonient: Provided that the Commissioner shall not expend any public funds on any such further settlements without

any part -thereof, into further settlcmcnts, and may irrigate and

cultivate the same and construct and make upon or in connection

therewith the like waterworks, irrigation works, factories, and other

improvements as are by this Act authorised with reference to the Lake

the

57* & 58" VICTORIE, No. 599.

T%e Lake Bonney 8ettZemmt Act.-1894.

m. the approval of Parliament: Provided that no Proclamation pur-

suant to this section or the two succeeding sections shall be issued

until s resolution approving the same h; been adopted by both

Houses of Parliament.

Qotmor ma ooneti- 73, The Governor may, by Proclamation, constitute further Trusts

dnte further Lsts

with functions anala- to deal with any such further settlements, and every such further

conet1tUted. gom.tothe T r m t h t Trust &hall be constituted in like manner, and shall have the like jurisdiction, powers, and duties as axe by this or any subsequent Act vested in or devolved upon the Lake Bonney Irrigation Trust.

povernor may extend	74, The Governor, in lieu of constituting a separate Trust
urisdiction of Lake

borney Inig.tion with regard to any such settlemcnt, may, by Proclamation, extend

*O

ment a. aetfle- the jurisdiction. powers, and duties of the Lake Ronney Irrigation Tmst to any such further settlement; in which case such jurisdiction and powers shall be exercisable and such duties shall be carried out and performed by the Trust as if such further settlement and the improvements thereon had origin ally formed portion of the lands and improvements vested in or subject to the control of

the Trust.

water may he taken 76, All water required by the Commissioner, or the Trust, for the

k m River Murray

~~k~ Bonnsy+

purposes of this Act, may be taken from the River hlurray, Lake

Bonney, or any crcek, stream, or lagoon within the settlement.

Penalty for false 76,

Any person wilfully making a false declaration, or subscribing such person shdl know to be false, shall be guilty of perjury; and, on conviction, may be imprisoned, with or without hard labor, for any period not exceeding four years. Any settler's agreement induced, or lease or consent to a transfer obtained, by means of any false statement or false declaration, shall be liable to cancella- tion or forfeiture, at thc option of the Commissioner.

declaration.	any application or transfer form containing any statement which
&zmtt6 to be evi-	77. The production of the Government Gazcttc in which shall be published any Proclamation, regnlstion, notice, appointment, or other notification, made or given, or purporting to be made or given, pursuant to this Act, shall be conclusive evidence in all courts and before all tribunal; that such Proclamation, regulation, notice, appointment, or notification was duly made or given and is of full force and effect.
dence.

Forms.

78. The forms in the Schedules to this Act shall be sufficient for the various pl~rposes to which they are applicable, and may be

varied or modified as the circumstances may require.

Regulations.

79, The Governor may from time to time make, alter, and

revoke all such regulations as may appear necessary or advisable for

regulating-

(a) The duties, powers, authorities, and privileges of all persons

employed in the administration of this Act: ( 6 ) The

57" & 58" VICTORIW, No. 599.

The Lake Bonney Settkernerat Ac f -18%

( b ) The meetings and proceedings of the Trust and of ratepayers:	PART	vx.
(c) The supply and distribution of water upon the settlement,

and the charges therefoor:

(d ) The management of the settlement, and all improvements thereon, and the employment, duties, and privileges of settlcrs, lessees, and occupiers of the land until the consti- tution of the Trust:

( e ) Thc making and dealing with applications, fixing of boun-

daries, areas, rents, and purchase-money, and the making

of surveys:

(J) The form and contents of notices, applications, leases, licences, and all other instruments and documents, and the mode of executing, serving, or deliveridg the same:

(g) Elections:

( h ) The making of assessments, and the declaring and recovery of

rates:

(i) Transfers, transmissions, and forfeitures:	#
( j ) The imposing of penalties:
(k) The time and manner in which any act, deed, matter, or thing required by this Act to be done, and as to which no time or procedure is provided, is to be be done or per- formed:
(1) The subjects upon which the Trust may make by-laws; and

the confirmation by the Governor, and publication, thereof:

(m) Fees to be paid:

(rt,) The income and expenditure of the Trust:

(0) All other matters and things arising under and consistent with this Act not herein expressly provided for, and other- wise fully and effectually carrying out and giving force and effect to the various objects, purposes, powers, and

80. All such regulations, and every alteration and revocation Regulationsto behid authorities of this Act, and guarding against evasions and violations thereof.

thereof, shall be laid before Parliament for thirty days, and, except & ~ & ~ ~ - t

in so far as the same may be disapproved within that time by

resolution of either House of Parliament, shall be published in the	*
Government Gazette, and after such publication thereof shall have
the force of law: Provided that no such regulation, alteration, or revocation shall be repugnant to this Act, or to the general spirit and intendment of the laws in force within the province,

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

this Bill,

KINTORE, Governar.

VICTORIE, No.

The Lake Banney Settlement Act.-1 894.

SCHEDULES.

SCHEDULE A.

Section 6. All that piece of land, situated in the county of Hamley, containing about 153,000 acres, bounded by a line commencing at the angle at the intersection of the western and south-western boundaries of block " A," Renmark Irrigation Colony; thence running westerly in a straight line to the River Murray at Overland Corner; thence following the said river to the south-western corner of the said Renmark Irrigation Colony near Spring Cart Gully; thence north-easterly along the south- western boundary of the said colony to the point of commencement, but exclusive of the section of land numbered 150.

* SCHEDULE B.

Application f i r m.

The Commissioner of Public Works, Adelaide.

I [name in full], of [residence], in answer to the advertisement in the

hereby apply to be appointed a working /or paying as the case may he) settler in connection with the Lake Bonney Irrigation Settlement, pursuant to The Lake Bonney Settlement Act." I declare that I haw been continuously resident in South Australia for more than two years immediately preceding June 30th, 1894, and that

I do not hold and am not interested in any land improved with the aid of advances

from the public funds which have not been repaid; and I beg to submit the following

particulars regarding myself, all of which 1 declare to be true.

Date and place of birth.

Whether married or single.

Ages and the sex of children (if any).

Trade or occupation.

Name of last employer in South Australia, and length of service with him.

And I undertake, in the event of this application being granted, to subscribe an agreement with you in the form prescribcd by the said Act, at such time and place as may be appointed by you.

Yours, &C., rSignature.]

Nom.-The declaration aet out a b o ~ e need not be made by any applicant who desires to become a

paying settler.

SCHEDULE C.

Working Settlera' Agreement,

Agreement made thc day of , 18 , between the Commis-

sioner of Public Works of the province of South Australia (hereinafter called " the Commissioner," which term also includes thc Commissioner of Public Works of the

said province for the time being), of the one part and

of (hereinafter called " the settler," which term-also

includes the executors, administrators, and assigns of the said

), of the other part, whereby it is mutually agreed between the

Commissioner and the settler as follows :-

l. The settler shall purchase from the Commissioner a perpetual lease of a settler's block of about ten acres of land, situated in the Lake Bonney Irrigation Settlement, at such price as may hereafter be determined by the Commissioner, pur- suant to " The Lake Bonney Settlement Act," hereinafter referred to as the said Act.

2. The said block fihall be allotted by the Commissioner in manner prescribed by the said Act, and the lease thereof shall be paid for by deductions from the wages of the settler as hereinafter mentioned, and shall be issued at the time and in manner and upon and subject to the terms and conditions prescribed by the aaid Act.

5. The settler shall, at the time and in manner appointed by the Commissioner, forthwith proceed to the said settlement, and there during the continuance of this agreement well and faithfully, and to the utmost of his skill and ability, perform such work as may be allotted to him by the Commissioner or any person on his behalf, and well and faithfully serve the Commissioner during such hours of daily kbor as mey be prescribed. 4. The

No.

The Lake Bonney Settlemen i Act.-1894, ?

4. The settler shall promptly and cheerfully obey the orders of the C'ommbioner,

and of all oscers, orerseers, or other persons appointed by him.

5, The settler shag be orderly, and at all times use his utmost endeavors to romote

the good order, discipline, health, and sanitary condition of the settlcment an$ of the

settlers.

Upon any buildings or improvements being erected or made upon the said block the settler shall preserve the same in good order and condition, to the satisfaction of the Commimioner, and shall not knowingly or wilfully permit or suffer any act or thing whcrcby the same, or any trees or plants upon the land, may be injured or destroyed.

6.

7. The settler shall not assign this agreement, or any moncys credited to him hereunder, or any benefit or advantage arising hereunder, without the consent of the Commissioner in writing first obtained.

S. So long as the settler shall well and faithfully perform his part of this agree- mcnt, and until the purchase-money of the said lease phall bc fully paid by the settler, the Commissioacr shall employ him upon the said settlement, and shall pay him for his services wages at the rate of Five Shillings and Five Pence for each day of eight hours upon which he shall be fully employed by the Commissioner. Of such wages a sum computed at the rate of two-thirds of such wages but not exceeding One Pound a week shall be retained by the Commissioner, and applied in or towards payment of the purchase-money of the said lease, and the remainder of the said wages shall be paid to the settler in cash.

9. Notwithstanding any such retention of wages as aforesaid, the settler shall not have any estate, right,or interest in the said block of land, or the improvements thereon, or any part thereof respectively, until the purchase-money shall be fully paid and nperpetual lease of the said land granted to him under the said Act; but fie may use and occupy the said land unless and until the Commissioner shall forbid him so to do.

10. This agreement ix entered into subject to the provisions of the said Act relating to settlers agreements and the powers of cancellation of this agreement. Forfeiture of the moneys retained, penalties, and all other the powers and authorities conferred upon the Commissioner thereunder shall be deemed to be incorporated herein.

In witness whereof thc said parties hereto have hereunto set their hands the day

and year first before written. , Commissioner, -

Witness- - , Settler.

--

SCHEDULE D.

Paying Settler's Agreement.

Agreement made the day of 18 , between the section 15.

Commiwioner of Public Works of the province of South Australia (hereinafter called the " Commissioner," which term also includes the Commissioner of Public Works of the said province for the time being) of the one part and

of (hereinafter called " the settler,"

which term also includes the executors, administrators, and assigns of the said between the Commissioner and the settler as follows :- ) of the otber part, whereby it is mutually agreed

l. The settler shall purchase from the Commissiorter a perpetual lease of a settler's block of about ten acres of land situated in the Lake Bonney Irrigation Settlement, at such price as may hereafter be determined by the Commissioner, pursuant to " The Lake Bonney Settlement Act," hereinafter referred to as "the said Act."

2. The said block shall be allotted by the Colnmissioner in manner prescribed by the said Act, and the lease thereof shall be paid for by payment of a deposit of Thirteen Pounds on the & p i n g of the application form B to the said Act, and the balance by the scttler by weekly instalments of One Pound, to be paid to the Com- missioner or some officer appointed by him to receive the same, either upon or near the said settlement, or at Adelaide, as the Commissioner may determine.

3. Notwithstandicg any such payment, the settler shall not have any estate, right, or interest in the said land, or the improvements thereon, or any part thereof respectively until the purchase-money shall be fully paid and a perpetual lease of the block granted to him under the said Act; but he shall have the use and occupation of the said land unless and until the Comtnissioner shall otherwise determine.

4. After allotment of the said block the settler may, by notice in writing to the Commissioner, specify a date, not being more than three months after the date

C-599 hereof,

$8 57' & 58" VICTORIW, No. 599.

The Lake Bon~ey Settlement Act.-1894.

hereof, from which the settler shan desire to enter into the use and occupation of the said block, and from and after such date the following clause, numbered 5, shall be bindin upon the settler.

5. &e settler shall be orderly, and at all times use his utmost endeavors to pro-

mote the good order, discipline, health, and sanitary condition of the settlement

and of the settlers.

6. Upon any buildings or improvements being erected or made upon the said Mock, the settler shall preserve the same in good ordcr and condition, to thc satiu- faction of the Commissioner, and shall not knowingly or wilfully permit or suffer any act or thing whereby the same or any trees or plants upon the land may be injured or destroyed.

7. The settler shall not assign this agreement, or any moneys paid to him here- under, or any benefit or advantage arising therefrorn, without the consent of the Commissioner first obtained in writing.

8. This agreement is entered into subject to thc provisions of thc said Act relating to settlers' agreements and the powers of cancellation of this agreement; forfeiture of moneys; penalties; and all other the powers and authorities conferred .upon the Commiseioner thereunder, shall be deemed to be incorporated herein.

In witness whereof the said parties hereto have hereunto set their hand8 the day and year first before written. , Commissioner.

Witness- , Settler.

SCHEDULE E.

TransfeT of Agreement.

For the consideration set forth in the memorandum at foot hereof I, f

Section 33. of, being a working (or paying) settler for " the executor or adminis-

trator of [settler's name] a working /or paying) settler, deceased," as the case may

be) within the meaning of the Lake Bonnep Settlement Act, under and by virtue

of Working (or paying) Settler's Agreement No., do hereby transfer

3 to 7 of , all my interest in the said agreement and in the

2 money8 standing to my credit for "to the credit of thc said deceased ") and all And I, the said [transferee] hereby accept this transfer, and agree to be bound by rights, privileges, and advantages thereunder.

2 the t e rm and conditions of the said agreement as from the date of the Commis-	& sioner's approval hereto as fully and effectually as the said [rettler] was bound by under in like manner in all respects as if I had originally been party to the said
% the same; and to take the place and perform the ~everal duties of the settler there-
3 agreement in the placc of the said ; and I hereby submit the following

2 .g particulars regarding myself, all of which I declarc to be true, namely :-

n

(IQ

-H	Date and place of birth.
E	Whether married or single.
a	Ages and sex of children.
S	Trade or occupittion.

Name of last employer in South Australia and length of service with him.

Whether a holder of land under any tenure in South Australia [ q s o describe

W	same.]
0

Period of continuous residence in South Australia immediately prior to date And it is hereby declared that this transfer shall have no operation unles~

2

'U hereof.

or until

i

the appraval of thc Commissioner has been signified hereon.

9	Dated this	day of	189	+
.
E

H Witness to signature of

tran~feror- 1 , Transferor.

8 J.Y.

W .% Witness to signature of

W transferee- 1 , Transferee.

P d J.P.

2 S	Menzorand~m.
$6

n The consideration for the above transfer is 2 , of which the sum of

represents the amount credited to the said in respect of the purchase-

money of block No. , and which sum is now paid or secured by the said

[transferee] to the said [transferoor], and S thereof represents the value of the improvements made by the settler upon the block, and the balance or sum of

if2 is now transmitted herewith to the Commissioner.

, Transferor.

SCHEDULE

57' & 58O VICTORIW, No. 599.

The Lake Bonney Settlement Act.-1894.

SCHEDULE P.

Perpett4nZ Lease under '' The Lake Bonney 8ettlernenb Act, 1894."

1, , Commissioner of Public Works of the province of South h t i o n 52.

Australia, in exercise of the pcwers conferred upon me by the above-mentioned Act (hereinafter called the said Act), hereby lease to [fiame of lessee], of residence],

included in the designation "the lessee") all that piece of land containing acres,	Loccupation], his executors, administrators, and assigns (all of whom are L ereinafter
or thereabouts, situate in the Lake Bonney Irrigation Settlement, being the [settler's block o r township allotnlent] No. in the plan of the said settleinent lodged in the office of the Surveyor-General, together with all buildings and improvements thereon, in perpetuity from the day of 189, at the annual rent of

to be paid in advance to the Treasurer of the said province for the

time being, on the day of in every year during the continuance of

this lease. And the lessee hereby covenants with the said Commissioner and his

successors in office (all of whom are hereinafter included in the designation "	the Com-
missioner "), as follows :-

l. The lessee will punctually pay the said rent a t the times and in manner afore-

said.

2. The lessee will pay the land tax imposed by the " Taxation Act, 1884," or any Act amending or extending the samc, and all rates, taxes, and assessments which may be imposed upon or become payable in respect of the said land and premises.

3. The lessee will at all times during the continuance of this lease keep all build- ings, fences, channels, watercourses, and irrigation works and improvemenb on the said land in good repair, order, and condition, and all fruit and other tree8 and plants properly pruned to the satisfaction in all things of the Commissioner, and in the like good repair, order, and condition will deliver up the same a t the determination of this lease.

4. The lessee will punctually pay for all water which may be supplied to him by

the Commissioner or the Lake Bonney Irrigation Trust, at such rates as may be

authorised.

5. The lessee shall not, during the currency of this lease, without the consent in writing of the Commissioner being first had and obtained, transfer these presents or the premises hereby leased, or any part thereof, or do, commit, or suffer any act, matter, or thing whereby the said premises, or any part thereof, shall or may be transferred to any person or persons.

6. That the Commissioner and all perRons authorised by hiru may a t all times un- restrictedly enter into and upon the said land and premises hereby leased, and examine the condition thereof, and of all such defects, and wants of reparation ns shall be then and there found, to give to the lessee, or leave upon the leascd land, notice in writing to repair and amend the same within three calendar months then	.
next following, within which time the lessee will repair and amend the same	accordingly.
7. That the Lake Bonney Irrigation Trust and the members thcreof, and all persons authorised thereby, may at all times unrestrictedly enter upon and examine the said land and premises, and effect any repairs, alterations, or improvements in any water channel, drain, or other irrigation or sanitary work upon the said land which the Trust shall think necessary or proper.
8. The lessee will during the currency of this lease, to the uatiefaction of the Commissioner, keep the said land free from rabbits and all animale or birds which by any Act have been or shall be declarcd to be vermin, or a nuisance; and will destroy Bathurst bur and all other noxious weeds growing upon the said land.
9. The lessee will at all times comply with and observe the rcgulations and by- laws that may from time to time be made under the said Act: Provided always-

1. That if the said rent, or any part thereof, be not paid on or before the due date thereof, a penalty of Five Pounds per centurn shall be added to such rent, or unpaid part thereof; and if the same hall not be paid for the spacc of one calendar month after such due date, together with such penalty, a further penalty of Ten Pounds per centum shall be added; and if such rent and penalties Be not paid within one month after such first month, the same shall be recoverable by the Commissioner by action in any court of competent jurisdiction:

2. That

57" & 58" VICTORIW, No. 599.

The Lake Bonney &ttlement Act.-2 894.

2. That if the rent hereby reserved shall be in arrear for more than three months after the due date thcreof, or if the Commissioner shall be satisfied there has bcen a breach of any of the covenants herein contained or implied, the Commissioner may re-enter and take possession of the said land and premises, and determine this leaae, without prejudice to any righb of the Commiesioner against the lessee in respect of such rent or breach; and the Commissioner may insert a notice in the Government Gazette declaring this lease to be forfeited, and such notice shall in all courts and elsewhere, and

under all circumstances, be taken to be conclusive evidence that such lease

haa been lawfully determined: And it is hereby declared that this lease is granted pursuant to the said Act, and that all powers, conditions, and obligations conferred or imposed by the said Act upon the Commissioner or lessee shall be deemed to be implied herein.

Dated this day of , 189 .

, Commissioner.

, Lessee.

Signed by the. Commissioner of Public Works in

the presence of-

Signed by the above-mentioned , as

lessee, this day of ,189 ,

in the presence of -

PLAN.

-- .- --p .

Adelaide : By authority, C, E. BRISTOW, Government Printer, North-terrace.