Northern Territory Act 1863 (SA)

V 0 VICESIMO SEXTO ET VICESIMO SEPTIMO

VICTORIAE REGINE.

A.D. 1863.

An Act for regulating the Sule or other disposal 01 JVaste &a& of

the Crown lately annexed to the Province of South Amtruth,

and f or other pulposes.

[Assented to, 12th November, 1863.1

HEREAS, by certain Letters Patent, bearing date the sixth bamble,

present Majesty, and signed by warrant under the Queen's Sign W day of July, in the tw~ty~seventh __I_ year of the reign of Her /863

Manual, so much of the Colony of New South Wales as lies to the northward of the twenty-sixth of south latitude, and between the one hundred and twenty-ninth and one hundred and thirty-eighth degrees of east longitude, together with the bays and gulfs therein, and all and every the islands adjacent to any mainland within such limits as aforesaid, with their rights, members, and appurtenances, were annexed to the Colony of South Australia: And whereas, by

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The Waste Lands Act," No. 5 of 21 Vict., and an Act No. l8 of 1858, intituled "An Act to amend the Waste Lands Act," it is provided that waste lands of the Crown within the Province of South Australia shall be disposed of in the manner and according to the regulations therein provided, and not otherwise; and whereas, by The Waste Lands Appropriation Act, 1862," provision is made for the appropriation of the proceeds of the sale of the said waste lands, and it is expedient that the waste lands of the Crown so annexed to the said Province, as aforesaid, shall be disposed of in the manner and according to the regulations herein provided, and that the said Acts, so far as the same relate to, or affect such annexed lands, s h d L

be amended-Be it therefore Enacted by the Governor-in-Chief of the Province of South ,Qustralia, with the advice and consent of the

Legislative

Northern Ten.itoq Act.-1863.

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Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

of 1862

not to apply. 1. The Waste Lands Appropriation Act, 1862, shall not apply to the proceeds to be derived from the sale of any waste lands within thc kid territory.

country land and 2. Notwithstanding anything contained in the said Acts No. 5 of	600,000 acres of
1,612~wnlotsmaJ 21 Vict., and No. 18 of 1858, five hundred thousand acres of the
be mid, as waste lands of the Crown b'eing country lots, and one thousand five tioncd.

hundred and sixty-two town lots (such town lots to contain haE

an acre or thereabouts), within the said territory, may be sold by

private contract, at the prices, and in manner, hereinafter mentioned.

Governor to ap int 3, The Governor, m-ith the advice and consent of the Executive

officere in Lon on g.

and Adelaide to	Council, shall appoint an officer in London, and an officer in Adelaide,
nceivcapplications
for purchaae of land	who shall, on certain days to bc fixed by the Governor, with the

at ?B, 6d. Der acre.	*	advice and conscnt aforesaid, by Proclamation in thc Government Gazette, open an office in L o n d o ~ and Adelaide, respectively, for the receipt of applications from persons desirous of becoming purchasers of the lands mentioned in the last clause, and such ofiiices respectively, shall remain open for the receipt of such applications as aforesaid for twenty-eight days after the first clay named for receiving such applications, subject to the liat being closed at an earlier period, in accordancc with the regulations hereinafter authorized to be made; and immediately after the expiration of such periods such officers shall, in manner hereinafter provided, proceed to allot to the persons applying, the land so applied for, at the price o f Sewn Shillings and Sixpence per acre; and on compliance with the said regulations,
as to the terms and conditions of payment or otherwise, shall issue
to such persons preliminary land orders, which shall state the
number of acres and town lots sold, and authorized to be selected.

z60,ooo acree of 4. The modc of allotment of lands so applied for shall be as fol-

country land and

1,662 bnn lots on$	lows :-
to be allotted at 7s. 6d

er acre.	I. One hundred and twenty-five thousand acres of country and seven h u d r e d and eighty-one town lots shall only be allotted by the officer in London, and the like quantity by the officer in Adelaide, under clause 3.
FH	ode of allotment.
11. If a greater quantity of land be applied for, either in London or Adelaide, than mentioned in last subdivision, the allot- ment shall be made pro rata, according to the quantity applied for by each applicant: Protided that no person shall apply for or receive a less quantity than one hundred and sixty acres of country land and one town lot.
III. -411y portion of the two hu~ldred a d 'fifty thousand acres of

country land unciisposed of under clause 3 shall be sold at

"	the rate of Twelve Shillings per acre, as provided for by the
next clause,

Northern Territory Act.--1 863.

5. At any time after the expiration of either of the periods men- After expiralinn of

tioned in the third clausc, the said offices dial1 be open for the receipt period for land for undcr nppiicatiotla last +

of further applications from persons desirous of lands in ~Iausc, 250,000 acres

morc to be offered at

the said territory, and the same shall remain open for ninety days 12..	ncre.
after the first day named for receiving such applications, subject to
the list being closed at an cnrlicr period, in accordance with the

regulations before mentioned; and, after the expiration of either of such periods, the said officers shall proceed to allot to the persons applying, the lands so applied for, at the price of Twelve Shillings	a "' " '	& I	* ! I
per acre, who shall be entitled to Land Orders therefor, which shall

state the number of acres sold and authorized to bc selected: ; + a, j: , S

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Pro~ided that no greater quantity of land shall be sold, at the rate of Twelve Shillings per acre, than two hundred and fifty thousand acres, in addition to the quantity (if any), undisposed of undcr clause 3 ; and the course prescribed in the last clause, in reference to the allotment of landsapplied fur under clause 3, shall be adopted in

refere~ice to the allotment of lands applird for under this clause.

6. Every preliminary land order, or land order issued under the Land order to cntitle purchaeer or nomince

preceding clause shall cntitle the purchaser, or his transfem, srlcct land within

or nominee, within five years from the clate thcrcof, to select f ive~cars.

from and out of the survey& country lards in the said territory the

particular land rvhewof 2k will bccorne the purchaser, and upon

such selection being ~otified to the Goverinment Resident or other

officer to bc appointed for that purpose, and production of such land

order, the said Resident or such officer as aforcsnid, shall deiiver to

srlch purchaser, tranderec, or nominee, a valid grant of the fcc

simplc of the land sct selected: Prvvided that all holders of pre-

liminary land order?, or land orders hcld over the aforrsaid five

years shall be entitled to tender the said preliminary land order or

land order in lieu of the amount of its original cost, in payment of

the purchase money of land within the said territory, under thc

Crown Lands Regulations for the time being.

7. I t shall not be lawful for any pcrson to select any town lot by Pcrsnn entitled to sr-

virtue of any such land order as aforesaid, unless hc is cntitlcd to ~ ~, , ~ & ~ ~ ~ ~ ~ ~ &

bccome the purchaser of one hunclrcd and sixtv acres, of portion of the 250,000 purchasrd.

first two hundred and fifty thousand acres bf country land above mentioned, or a nominee or transferee of such purchaser, and cvery such last-mentioned purchaser shall be entitled to select one town lot for every entire quantity of one hlmdred and sixty acres of country land authorized to be purchased as aforesaid: Providcd that such sclcction be made at a place within the proposed township on a day to be named by the Government Resident or such other officer as aforesaid.

8. After the sale of five hundred thousand acres of country land Afters.1~ of 5009003 acres, land to be sold

and such t o m lots as aforesaid no further portion of the said waste rsdirectcd in A C ~ NO.

lands of the Crown shall be sold except in manner provided for by ~ ~ ~ ~ ~ ~ ~ b f

the said Act NO. 5 of 21 Vict.: Provided that no such town lots shail lots to IX $1.

bc sold unless the sum of Ohe Pound at least for each lot be then .. .

and there offered for the same, vvllicll. sum of One Pound per lot . - .

..

shdl

.. -	26" & 2 7 O VLCTORI,/E, No. 23.
Northern Territoly Act.-l 863.

shall be the lowest upset price of any town lot within the said

territory,

not to be sold

of less area than one 9. Until after the sale of such five hundred thousancl acres, no per-

hucdred and eirtp son shall be allowed t c~ purchase any land thc area of which is less

.c~B$.	than one hundred and sixiy acres.
Appropriation of

P-& 10. The accounts of all mo ceived from or in respect of the said

territory, whether as purcha ey, rent, licence fees, custom duties,

& 383 or otherwise, and all mone or expeilded upon or in respect of

the said territory, shall be and kept distinct from the General

9 6, S . L Revenue and Expenditure said Provillce, and the said money

so received as aforesaid sh	plied to the payment of the cost
of governing the said	and the general improvement

thereof: Provided that ual to ton per cent. on the gross

amount received shall be	n the said accounts and be paid
to the Treasurer, and by	d to the credit of the General
Revenue of the said Province.

Govemr to make	11. The Governor, with the acivicc and consent of the Executive Council, may, from time to time, rnakc, vary, a d alter, such rules as may be necessary for regulating the terms, period, or mode of leasiag, or occupatim, or the disposd by sale of the said waste lands of the Crown, the person or persons to whom the purchnse money may be paid, the mode lind order of selecting land by persons holding land orders as aforesaid, the mode of keeping the accounts ancl when and in what manner such accounts shall be audited,
rulus,
and generally make all and every such regulations as to him may
secm necessary and proper to carry out and give effect to the pro- visions of this Act, and ail such rcgdations, when published in the Government Gazette, shall have the force of law.

12. The Governor, with the advice and consent of the Executive

. ~ ~ ~ ~ t ~ ~ m t ~ f ~ ~

y m t h ~ i d e n t Council, may, from time to time, appoint an officer to bc rcsident in

other necessary and proper officers for securing the order. and good	the said territory, to bc called the Government Resident, and all
governme~t of the said territory, and may removi! such Government Resident or other officers at discretion, and may assign and pay to them such salaries and emolniucnts as he may determine.

Posere of flow m- 13. The Government Resident shall perform all and every the

ment Resident.	duties, and shall have and exercise, within the limits of the said territory, all and every the powers and authorities which the Go- vernor, with the advice and consent of the Executive Council, may,
by any Commission to be issued to such Resident under the hand of
the Governor and seal of the said Province, impose or confer upon. him: Provided that such Commission may, from to time, be revoked
or varied by the Governor, with the ad~ice and consent aforesaid.

R~gulution8t.o be hid 14. A copy of all regulations made under the authority of this

~fo'PYbmentt

Act, and also a copy of any direction issued to such Govervment

Resident

26O & 27" VICTORIB, No. 23.

Northern Territory Act.-1863.

Resident as aforesaid, shall be laid before Parliament within fourteen days from the publication or issuing thereof respectively, if the Parliament shall be then sitting, and if the Parliamcnt shall not be then sitting, then within fourteen days from its next sitting for the dispatch of business,

of 21Vict-

15. Save in so far as the same are amended by this Act, " The and 18 of 1868, to be

Tvaste Lands Act," No. 5 of 21 Vict., and the mid Act, No. 18 of con8tmed herew'ith.

1858, s l d l be dccmcd to bc incorporated herein, and shall, together

with this Act, be read as one Act.

16. In the construction of' this Act, unless inconsistent with the Construction.

context, the words following shall haw and reccive the meaniizgs hereby assigned to thcm resp cctivcly-" Territory" shall mean all that portion of Australia annexed to the said Province by the hereinbeforc recited Letters Patent: Waste lands of the Crown," shall comprise all luxds within the said territory which now are ~usted in Her Majesty, Hcr heim and successors, and which have not been already granted or latvfully contracted to be granted to any person or pcrsons in fce simple, or for an estate of freehold or for a term of years, and which l ~ w e not bcen dedicated and set a p r t for public use.

17. This Act may be cited and referred to as "The Northern fihorttitle.

Territory Act."

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

this Act.

D, DALY, Governor.

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Adelaide : Printed by authority, by W, C, Cox, Cloyernmen$ lPrinfer, Yictoria-rsquare.

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