Murray Flats Act 1870 (SA)

ANNO TRICEMM0 TERTIO ET TRICESIMO QUARTO

No. 17.

An Act to authorke the Lensing and Alienation of certain of the Waste

Lands of the Crown on the Murray Flats, in the Province of

South Australia.

[Assented to, 13th January, 1871.1

HEREAX it is cspedient to encourage the search for gold, and Pmmble.

the full development of the gold-producing capabilities of the waste lands of the Crown, situate on the Murray Flats, in the Province of South Australia, by the issue of a lease, with a right of purchase, of a portion of such lands to persons who are desirous of mining for gold thereon-Be it therefore Enacted by the Gover- nor of thc Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

Z

1. Any person or persons desirous of mining for gold on the ~ P ~ ~ ~ ~ P ? $ ; ~

Crown right of search over the whole of the said waste lands with a view of selecting thercout a block of ten thousand acres, and such person or persons shall also be entitled, at any time within nine calendar months from the timc of depositing such sum, to make application to the Commissioner of. Crown Lands for a lease of a portion of the said Crown lands not exceeding ten thousand acres: Provided that

waste lands of the Crown described in the Schedule hereto, who Lands,

shall pay to the Commissioner of Crown Lands the sum of

if more than one person tenders such deposit, the right to claim such lease shall belong to the person first tendering such sum for deposit

as

76 33" & 34" VICTORIB, No. 17.

Hurray Flats Leasing and Alienation Act.-1870-7 1.

1

as aforesaid; and, in the event of two or more such sums being

simultaneously tendered, the right to claim such lease shall be

decided by lot.

D e m b b y ttovemor.	2. Upon receipt of such application, i t shall be lawful for the Governor to demise to such applicant or applicants a block of land containing not more than ten thousand acres, upon the terms, covenants, and conditions to be fixed and determined by the Gover- nor, with the advice of the Executive Council, and to be named in the lease.
Situation ancl b p e
of block of land to be	3. Such block of land shall be part of the waste lands of the Crovn described in the Schedule hereto, and shall be in the form of a rectangular parallelogram, the length of the longest sido of which shall not exceed twice the length of the shortest side.
lenseti.

Term and rent of 4, The lease shall be for a period of five years, and at a pepper-

lease. corn rent.

Conditionas toexpen- 5, Such lease shall be upon the condition and shall contain a

diture by lesaee. covenant that the lessee or lessees shall expend not less than two thousand pounds in eaeh year of the term of the demise in actual mining for gold on the lands leased, and such expenditure shall not include the cost of machinery, nor the expenses of management, direction, and supervision.

Leesee's power to 6. The lessee or lessees shall have power to determine the lease

determh"ea"8.

at any time on giving three calendar months' notice in writing to the

Commissioner of Crowfi Lands.

Lessee's right to

7. The lessee or lessees shall have the right to purchase the lands dernised at any time during the term of the lease on payment of the sum of five shillings: Provided such lessee or lessees prove to the satisfaction of the Commissioner of Crown Lands that he or they

purchase.

have bomi fide expended during the mid term the sum of ten thousand pounds in actual mining for gold thereon, but such

expenditure shall not include the cost of machinery nor expenses of

management, direction, and supervision.

Qrantofthefeesimple

by Governor.

8. Upon such payment and proof as aforesaid, it shall bc lawful

for the Governor to convey and grant the lands demised to such

lessee or lessees in fee simple.

Reservation as to

9. Provided that it shall be lawful for the Governor from time to time duriug the term of the said lease to resume any portion of the land demised for the purpose of making roads for public utility and convenience, and for the like purpose to exclude and reserve any portion of such land from the conveyance and grant aforesaid.

roads.

rower of overn nor

restricted to one block. demise or grant in fee simple more than one block out of the lands	. 10. Nothing herein contained shall authorize the Governor to
described in the Schedule hereto.

11. Nothing

33" & 34" VICTORIB, No. 17.

Murray Flats Leasing and Alienation Act.-1 870-7 1.

11. Nothing in this Act shall be deemed to cancel any gold G&$iman~t

mining claim held under the regulations in force at the time of the

passing of this Act, or the right of any person in respect of such

claim.

In the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

SCHEDULE

33" & 34" VICTORIAE, No. 17.

Munay Flats Leasing and Alienation Act.-1 870-7 1.

SCHEDULE.

Commencing at the north-eastern corner of Section 142, Hundred of Anna; thence true north for about three and a-half miles; thence true east for about two and three- quarter miles; thence true north for about six and a-half miles; thence true west for about six miles; thence true gouth for about six miles, to the north boundary of the Hundred of Anna; thence t w e west for allout three and a-quarter miles, to a point true north of t h e north-western corner of Scction 130, Hundred of Dutton; thence true ~ o u t h to corner of said Section; thence easterly and southerly along northern boundaries of Sections 130 and 161, and eastern boundaries of Sections 161, 167, 173, and 176, to a point true west of the north-western corner of Section 150, Hun- dred of Anna; thence true east to corner of said Section and along its northern boundary to the north-eastern corner of Section 142, the point of commencement.

ĥ ----- --- L-

Adelaide: By authority, W. C. Cox, (3ovcmment Printer, North-terrace.