NT Crown Lands Act 1882 (SA)

ANNO QUADRAGESIYO QUINTO ET QUADRAGES1 MO

SEXTO

A. D. 1882.

No. 271.

An Act to consolidate the Acts to regulate the Sale and other disposal of the Waste Lands of the Crown in that portion of the Province of South

Australia commonly styled the Northern Ter-

ritory. HEREAS i t is desirable to consolidate the Acts relating to Preamble. [Asse~zted to, Nav~m6er @h, 1882.1

the alienation by sale, lease, or othcr disposal of the unsold lands situated in the Northern Territory, and to repeal the Acts nlentioned in the First Schedule hercto to the cstciit in such Schedule mentioneci-Be it therefore Enacted by t l x Governor of the Pro-

A-271.

vince of South Australia, with the advice and consent of the Legis-

lative Council and IIousc of Ssscmbly of the said province, in this

present Parliament assembled, as follows:

1. This Act may be recited and referred to for all purposes as Short title.

" The Northern Territory Crown Lands C'o~lsolidatiun Act, 188%"

2. Thc following terms within inverted commas s h d, for the Interpretation terms.

purposes of this Act, bear the rnetlnings set against them respec-

tively, unless wherc the context implies otherwise-

C C Business "--Any profession, trade, calling, or occupation, except

mining, and any vending or disposing of any goods, wares, merchasdise, or chattels, whether by hawking of milk, butter, vegetables, or other farm or garden producc:

C C Cattle "-Horscs, horned cattle, camcls, mulcs, asses, sllccp, and

goats: Country

45' & 46' VICTORIE, No. 271.

The fiT0~the9% Territory Crown Lands Consolidation Act.--1882.

-

Country lands "-All surveyed lands siturtted in the Northern

Territory, not being town, township, or suburban lands or reserves:

Special country land "-Any single section or block of country

lands which may be surrounded by sold or selected lands, and which shall have been heretofore offercd for sale and not sold, or have been withheld from sale, or which may not have been dedicated for any public purpose:

G Claim "--A parcel of wastc lands which each person or com-

pany shall be entitlcd to occupy, or to occupy and mine in by virtue of any miner's right, licence, or lease issued under Part P. of this Act, and every holding whatsoever occupied by virtue of the said Part v.:

" Commissioner " T h e Commissioner of Crown Lands and

Immigration for the time being of the said province, or other the Minister having the control of, or in whose deparb ment the management of the Northern Territory may be for the time being, or such person or persons as the Governor may appoint to exercise and carry out in the Northern Territory the powers and provisions of this Act:

Gaxette "--The Soutlt Australian Gouemment Gazette, or such

other official gazette or newspaper, or publication or notifica- tion in any newspaper published and circulating in the said Northern Territory as hereinafter mentioned, as may be published under the authority of the Government in the Northern Territory:

'' Gold "-As well any gold as any earth, clay, quartz, stone,

mineral, or other substance containing gold, or having gold mixed therein, or set apart for the purpose of extracting gold therefrom:

Land worked out " shall mean lands which, in the opinion of the warden of the district, have been finally abandoned after having

been bond fide completely worked for auriferous deposits.

" Mining purposes "--The searching and working of land for

removal therefrom of any natural nlineral body other than

gold, coal, mineral oil, or watcr:

" Northern Territory ''-SO much of the Province of South Aus-

tralia as lies to the northwards 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 gulf there situated, and all and every the islands adjacent to any main land within such limits as aforesaid, with their rights, members,

and appurtemnces:

" Selector "-Any person who shall enter into a lease containing

a stipulation for the purchase of land upon credit under this

Act, and, except where repugnant to or restricted by the

context,

4 5 O & 46' VICTOKIW, No. 271.

me Northern Territory Crown Lands Consolidation Act.-1882.

context, the devisee or personal representative of any such person, or any transfcrce of any such lease under the pro- visions of this Act:

Suburban lands "--All surveyed lands situated in the im- mediate vicinity of any town or township lands, and which may be declared by notice in the Gazette to be suburban

lands:

Town lands " and " township lands "-A11 lands reserved,

surveyed, and laid out in lots as and for the site of any town

or township:

G Warden "--Any person appointed by the Governor to exercise

the powers and functions conf'erred on s warden by "The

Northern Territory Gold Mining Act, 1873."

Waste lands "-All lands in the Northern Territory vested in

Her Majesty which haw not been, or may not hereafter be, reserved for, or dedicstcd to any public purpose, or which

haw not beell granted, or lawfully contracted to be granted,

to any person in fee-simplr; and all lands which, at the t ine of the coming into operation of this Act, may hwe become, and which thereafter may bccornc, forfeited by reason of any breach in the conditions on which the same have been granted or leased, or contracted to be granted or leased.

3, This Act shall be divided into Parts, namely- Division of ~ c t.

PART I.-Repeal of Acts and R~.gulations :

PART 1 I .-General Provisions:

PART 111.-Selections and Sales upon Credit:

PART 1v.Sa1es for Cash:

PART v.-Provisions	respecting Mining:
PART v I.-Provisions	respecting Pastoral Occupation, Timber,

and Stone Liccnces, Cornmonagc, Pearl, Pearlshell,

and 'l'repang Fishing:

PART v1 I .-Provisions respecting Lands required for Plantations

of Rice, Sugar, Coff'ec, Tea, Indigo, Tobacco, or

Cotton, or for special purposes:

PART VIII.-Provisions respecting Licensed Surveyors:

PART IX.-Legal Procedure:

PART X,-Ifiscellaneous Matters.

PART I. PABT I.

REPEAL OF ACTS AND REGULATIONS.

4, From and after the coming into operation of this Act, the Acts Re~e.1.

l mentioned in the First Schedule hereto, to thc extent to which the

i same

45' & 46' VICTORIE, No. 271. -

The Northern Territory Cromn Lunds Consolidation Act.-1882.

-.

PAW I.

-- , same is therein expressed to be repealed, and all rules and rep.

+-

lations made thereunder shall be, and the same arc, hereby repealed, saving always all rights, claims, penalties, and liabilities already

Proviso.	accrued or incurred, or in existence: Provided always that no action, suit, or proceeding, in any Court of Law or Equity already commenced under or by virtue of any existing Act, law, or regula- tion, in respect of any contract already entered into, shall abate, or be waived, prejudiced, or hindered by such repeal, but shall be enforced and continued to their termination as if this Act had not
been passed.

Certain A C ~ S no t to be 5, From and after the coming into operation of this Act, none of

in force in Northern

Territory. the Acts mentioned-in the Second Schedule hercto, and none of the rules and regulations made thereunder respectively, shall be of any force ox effect whatever in the Korthern Territory.

PART 11.

GENERAL PROVISIONS.

Waste lands, horn 6, From and after the coming into operation of this Act all

disposed of. wastc lands in the Northern Territory shall be sold, demiscd, or otherwise disposed of and dealt with in the manner and snbject to the provisions of' this Act, and not otherwise.

Lands to be surveyed 7, NO waste lands shall be granted, or contracted t~ bc granted,

before selection.

in fee-simple, under the provisions hereinafter contained, before the

same shall be surveyed and delineated in the public maps in tile

survey office at Adelaide, and in the land office at P(zlrne~-$ton, or

at such other places as the Governor nlny appoint, in such sections :&S may be deerncd con~cnient; but 110 one section shall contail1 a greater area than six hundred and forty acres; and a notice shall be published by thc Cornmissioncr in the Gncettc, describing generally

the lands so snrvcycrl and delirieated, and rcfcrring to such maps, after which publickion the lands referred to in such notice will be

open for sclcction.

Governor to execute

laud grants.

$. Subject to the provisions of this Act, the Governor, in the name and on behalf of Her Majesty, may grant in fee-simple, or for any less estate or interest, to the purch~ser thereof, any waste lands, which grlznts shall be iu such forms as shall from timc to time be deemed expedient bv the Goverliov, and shall be signed by thr Governor, and sedcd with thc public seal of thc said province. and being so signed and sealed, shall be valid and effectual in

to transfer to and vest in any such purchaser any such lands as

aforesaid so purchased by him.

Leases to be executed	Q.	All leases of waste Inn(Is, pursuant to the provisions of this
by Governor and

lessee.	.	Act, shall bc inndc by the Govcrnor in the namc slid on behalf of
Her IFajcsty, ;curl s l d l be executed in duplic;atc, whereof one part sbdl

-- 45' & 46G VICTORIE No. 271.

The Ab+ther.n Territory Cmen Lmuls ConsoZidah'o?a Act.-l 8 82.

be signed by the Governor, and sealed with the seal of the PART IT.

P roviace, and thc other part shall bc signed, sealed, and delivered by the lessee.

10, The Commissioner may. and hc is hereby authorised and em- Commissioner em- powered t~ give

p~wercd to give any noticc, make any clai rri or demand, and make make

or depute, or authorise m y permn to malw any entry- on waste and authorise entries.

lands and country lands which shall be requisitc or expedient

to be givcn or made, by or on behalf of Her Majesty, Her heirs or

successors; and every such noticc, claim, or demand, which shall be

or mndc in writing nnder thc hand. of such Cominissioncr, and every entry which shall be inncl(. by such Commissioner, or any person so deputed or authorised to make thc same, as aforesaid, sllell hc good, valid, and effectual to all intents and purposes whatsoever, and shall

have such arid thc like force and effect to all intents and purposes

as if the samc mcrc respectively given or made by Her Majesty,

Her heirs or successors.

11, The Commissioner, by himself', or any peyson whom he shall Commissioner em- powered to distrain

for that purpose depntr, may nmlre distress for a n y rrnt which shall fur

be due, in arrears, or unpaid, from any lessee, assignee, occupier, or

tenant of any waste lands, and the goods. chattels, and effccts so ciistraineii, to impound, sell, and dispose of as in ordinary cascs of rent in arrear,

12, Whenever any selector, lessee, or other person liable to pay Nonpayment of rent

the same shall bc in arrrar in payment of any rent due undcr any	to work forfciture of
lease of any waste lands or comtxy lands, for the space of thirty days after the day wherc.011 srlc:!l writ shall have accrued clue, he shall thereby absolutely forfeit his lease, mid be deenlcd to bc in uxlautboriscci occupation or possession of the lantls thcrcby dcmiseil, and map be pi~cceclcd against undcr Pix~t rx. of this Act, and not
be allowed to select lard upon credit nor in :inywisc occupy or
bccome a tw:i~lt of waste or C O I ~ ~ ~ J - litrlds (luring a pcriocl of two years nest ensuing the day whereon such rent shall h a w accrued

clue, unloss such ~ c x ~ t in nrretlr Ibe fully paid UJJ : Provided, ncver-

theless, that i t shall he lawful for the Governor to \vnive such forfeiture upon the paynient of thc rent ancl a penalty of Twenty- firc Pouncls per centurn. thercon, and upon such other t c m s as may

be deemed reasonable.

in the Gazette, rcserve, or cledicatc, or grant in trust, either for a lands for certain 13. Thc Gorcmor may, from time to time, by Proclamation ~;g;g,r;",~R~;$~

tcrm of j t ~ s or in fcc, any lands which we or may be dccmcd to be purpO"c"

required for quays, landingplaces, tramways, railways, railway stations, roads, bridgcs, ferries, ux~~als, or for thcir respective approaches, or within the distance of twenty miles of any railway that may be constructed. or for other purposes, necessarily appertain- ing to any n ~ c h ~ v o ~ k s, or for thc pnwrvotior~ of wstcr supply, or for reservoirs. aqueducts, or watcrconrscs. or for the use or bencfit of the aboriginal inhabitailts of' the said Northern Territory. or for tlw

sites

450 & 46O VICTORIE, No. 271.

The Northern Territory Crown Lands Consolidation Act.-1882.

. PART 11- sites of market-places, abattoirs, public baths, institutioiis for publie education, not being of an ecclcsittstical or denominational charact~l. v - - -->

public buildings, public gardens, or experimental farms and parks, agricultural and horticultural societies, hospitals, asylums, infirmaries, establishments for the relief of indigent persons, loc%ups, police stations or paddocks, gaols, places for the intermcnt of the dead, or for public health, convenience, recreation, or amusement, or for forest or mineral reserves, or for any other purpose of public defence, safety, utility, convcnicnce, or enjoyrnent, and for otherwise facili- tating the improvement and settlement of the said Northern Territory.

Dedication of public

roads. 14. The delineation in the public maps of the said Northern Territory of any public roads shall be and be deemed to be a suffi- cient dedication to the public of such roads, anything in the last preceding section to the contrary notwithstanding.

Obslmtion of roads	15.	Whosoever shall, by casting or placing timber, stones, rubbish,
and ways reserved by

the Crown.	or materials, or by any other means, wilfully stop, obstruct, or injure
any public or reserved road or way vested in Her Majesty: shall, on - -
conviction, for cvcry such offence, forfeit and pay a pcnaltp of not less than Two Pounds nor more than Ten Pounds, over and above the expense of removal; and it shall be lawful for the Commissioner, or any pcrson whom he may in that behalf appoint, by writing under his hand, without any warrant, forthwith summarily to remove and prevent every such obstruction, at the cost of the party causing the same, to be recovered summarily, as hereinafter provided.

16. The Governor may, from time to time, by Proclan~ation in

Proclnmut.ion uf

reserve, the Gazette: revoke any Proclamation as to the whole or any portion of lands reserved as mcntioned in section 13 of this Act., and thcrc- upon such lands shall be dealt with as if the same had never bccn reserved as aforesaid: Provided, nevertheless, that a plan of the reserves intended to Be resumed shall be laid before Parliament thirty days before such Proclamation is issued.

Town or township 17, The Governor may, from time t o time, by notice published

lands may be reserved.

in the Gazette, declare what parts of thc waste lands are to be s e t,

apart for the sites of new towns or townships, and for suburbs thereto, and such lands shall thereupon be reserved and designated

as town, township, or suburban lands, as the case may be.

Government may

withdraw lands from 18. The Governor may withdraw any waste lands, country lands,

gale or lease. t o m, township, or suburban lands from selection upon credit, sale by auction, or otherwise for cash, and from lease, for either pastoral or mineral purposes.

Exceptionof mineral 19, The Commissioner, notwithstanding anything in this Act ~011-

lands. tained, may decline to accede to any application for selection and purchasc on credit, or for purchase for cash, of any wnstc l a d s known or supposed to contain gold, copper, or any other mineral, coal, or mineral oil.

20. TVhell

45' & 46" VICTORIfi, No. 271.

The Northern Territory Crown Lands Consolidatiojz Act.-1882.

7

PART 11.

20. When any country lands, sold upon credit and held under

lease, and when any waste lands held under lease under the pro- Forfeited, resumed,

,isions of this Act, shall be or have been forfeited, resumcd, or or revested lands to be considered waste

rcvested in the Crown, under the provisions of this Act, such lands lane,

&all be considered waste lands within the meaning of this Act, and

lands may be dealt with as may seem expedient to the Governor.

21. Every Proclamation heretofore issued by the Governor, and f i s t rroc1amation

published in the Gazette, for the constitution of any County or declared valid.

Hundred in the Northern Territory, shall be deemed m c l be taken

to be legal and valid.

22, The Governor, by Proclamation in the Gazette, from time to Counties and Hun- dreds may be pro-

time may declare that the lands in such Proclamation mentioned claimed,

shall constitutc a County or Hundred, and in any such Proclama-

tions may definc the boundaries of any such County or Hundrcd,

and such boundaries from time to time may alter a i d vary; and in

such Proclamation shall be mentioned the day from which such

Proclamation shall take effect.

23. All money received in respect of purchase-money, rent, Appropriation of

licence-fees, or otherwise, by virtue of or pursuant to this Act, shall proCeds

be carried to the credit of the revenue of the said NorthernSTerritory,

and applied to the repayment of the Northern Territory loans and

interest, and to the payment of the cost of governing the said

Northern Territory and the general improvement thereof.

PART 111. PART III.

SELECTIONS AND SALES UPON CREDIT.

24. Subject to the provisions of this Act, all country lands sball Country lands may be

bc open for selection, and may bc sold upon credit at Twelve Shillings sold on credit.

and Sixpence per acre.

25. Auy person who may be desirous of purchasing country lands Method of selection

open for selection under this Act, shall apply to the Commissioner in ,ion and paymeot of	by writtcn npplicn-
the form set out in the Third Schedule to this Act, or to the lilrc cffcct,	deposit.
and shall pay, i11 ready money, at the time of making such applica- tioll, a deposit of Sixpence for every acre for which he may so apply.

26. The Commissioner shall cause it land office or land offices Land office tobe

at Palmerston, or at other suitable placc or places in the Northern open for receipt of

applications.

Territory, to be kept opcii for the rcceipt of applications for the P~chase of country lands as aforesaid, between the honrs of ten and twelve in the forenoon on such days as may bc fixcd by thc regulations to be made in manner hereinafter contained; and shall

also cause a box to be kept in such land office or land offices in

which such applications, immediately on receipt, and without being

opened

45' Pc 46" VICTORIE, No. 271.

-

opened or examined, shall be deposited; and such box shall be publicly opened at the hour of noon of each day on which such

land office or land offices shall be so open for the receipt of appli-

cations as aforesaid, and all applications fbund therein shall bc

If more than one

applicant.	immediately examined; and if it shall appear that there is only one application fi,r a1:y sectiou of such land, tlie person so applying shall be declared the purchaser, except as hereinafter mentionctl; hut if there shall Fe two or more applicants for any such section, the person who shall become the purchaser thereof shall be determined by limited auction in manner to be provided by the regulations to be made in manner hereinafter contained.
be hhded to pur-
RecAipt for deposit to	27, If, on opening the box, a s aforesaid, it shall be found that there is only onc application for any section of country land, and if the amount of deposit is enclosed and the application be in proper form, thc applicant ;hall be irnmediiately thereupon declared thc pur- chaser of such section, and the proper officer shall thereupon hand him a receipt fox the amount of such deposit in the form in the Fourth Schedule, or to the like effect; and in case there shall be more applicants than one, such officer shall deliver to the applicant entitled thereto, pursuant to this Act, a like receipt.

chaser.

Purchaser may dc- 28, If any person shall apply for more than one section of country

lake less than land, and shall be declared the purchaser of less than the number of

the number of SW-

tioas applied fop. sections of' such land for which hc applied, hc may, by giving notice in writing to the Commissioner, within two days from the cla te of such declaration, decline to bccoine the purchaser of any of such sections.

Excess of 1,280 acres 29, If, at the opening of the box for the receipt of applications

ma bo purchased for as hcreinbefore mentioned, it shall be found that any one person has

C ~ B H .

by himself', or his duly authorised agent, applied for a greatcr area

than one thousand two hundred a d eighty acres, he shall not be

entitled to be declared the purchaser on credit of any area in excess

Commissioner the purchase-money of the acreage so in cxcess. of such last-mentioned number of' acres, but shall pay in cash to thc

T.ease to he entered 30, Within two months after any person shdl havr? been h-

into by purchaser. clared the purchaser of any country land under the provisions herein- before contained (unless such lxrson shall have declined to purchase under the provisions of section 28 of this Act), a lease, in the form contained in the Fifth Schcdula of this Act, shall be drawn up by the Commissioner, and cxccutcd by him in duplicate, and being so executed, shall be left at the land office whereat such land was selected; and if the pnrchaser shall neglect or refuse to execute such lease in duplicate for a further period of fourteen days, or such firther time as may be dlowed by the Comuissioner, the amount paid by such purchaser as deposit, upon making application for such lands, a i d all his right, title, or interest to or in such lands and deposit, shall be absolately forfeited, and such lands shall again be open for selection as if such former application had ncvcr been made.

31. The

45' & 46" VICTORIE, No. 271. 9

The Northern Territory Crown Lands Consolidation Act.-1882. --

-----

1x1.

31. Thc conditions and provisions to be contained in every such -- PART -

lease shall be the following-	tained i n lease.
Conditions to be con-

I, That the term of every such lease shall be ten years, to be

computed from the first day of January or July, whichever date may be nearest to the date of the purchaser's applica- tion:

11. That the lessee will purchase the lands thereby dcmised at the price or sum of Twelve Shillings and Sixpence per acre, and will, before the expiration of the said term, duly pay the said purchase-money and all rent due in respect of such lands:

111. That the annual rent to be reserved in every such lease, for every acre or frwtion of an acre comprised thelsein, shall be thc sum of Sixpcncc, and shall bc payable yearly in advance during the continuancc of the said term of ten years; and in case of default in payment for thirty days after the day appointed for payment thereof, the lcasc shall be absolutely forfeited and vacated, and the lands selected, and all improve- ments thereon, shall revert to the Crown: Provided that the Governor shall have power to waive such forfeiture upon payment of the rent in arrear and of a penalty of Twenty-fivc Pounds per centum thereon, and upon such other terms as he may deem reasonable:

IV. That the lessee will, within six months of the date of his lease, erect, and thereafter during the continuance of the term of such lease, maintain boundary posts or marks at each corner of the boundary lincs of the lands comprised in such lease:

V. That the lessee may, at any time during the term of his lease, pay the purchase-money of the lands thereby demised:

VI. That upon payment of the purchase-money, and all arrears of rent, the lessee shall be entitled to a grant of the fee-simple

of the said lands:

And such other conditions as by the regulations to be made in

manner hereinafter contained may be imposed.

32. Nothing herein contained shall entitle any person to hold rnorc persOntotlO1a t l ~ n n 1,280 anres.

at any one time upon credit a larger area of country lands than one thousand two hundred and eighty acres; and no person shall hold,

as aforesaid, rnorc than three separate and detached blocks of land;

and such area shall, when ~racticablc, bc comprised in one block: Provided always that in case the block selected shall be surrounded

by land not open for selection, so that thc arca thcrcof is less than

one thousand two hundred and eighty acres, such person sclccting

may also select either one or two blocks until the total of one

thousand two hundred and eighty acres is made up; but if any

Person shall be interested, directly or indirectly, at any one time in

B-271. a

45' & 46' VICTORIW, No. 271.

The Northern Tewitory Crown Lands Consolidation Act.-1882.

PART	IIL	a larger area than one thousand two hundred and eighty acres of country lands held upon credit, he shall thereby be, and be deemed to be, guilty of a fraud upon this Act, and all lands held by him upon credit, and all moneys paid by him on account thereof, shall
be absolutely forfeited.

Leases may be can-

celled within twelve 33. Any peraon entitled under any lease to purchase any lands

months onforfeiting	under this Act may, at any time within twelve months from the date
deposit.	of such lease, have such leak cancelled, by giving to the Commissioner
a written notice of his desire to forfeit the amount paid by him as
deposit, and to be released from such lease, and by surrendering his part thereof; and thereupon such land shall again be open for selection, and such person shall be entitled to make any other selection in the same manncr 8,s if such lease had never existed.
Who may not hold

land on terms of 34. No person under the age of eighteen, nor any ma~ried

credit.

woman, except a married wornan who has obtained a dccree for judicial separation, shall be entitled to hold, either directly or other- wise, any land upon credit under this Act, unless such person or married woman shall become .entitled to such land as the personal reprcsentativc or devisee of any selector: Provided that should a woman, holding land upon credit, subscqucntly marry, it shall be lawful for her to transfer the land held by her to her I.~usband, upon his entering. into such agreement as may be required by the regu- lations hereinafter mentioncd.

Nothing shall prevent

35. Nothing herein shall prevent any bond Jide applicant from employing an agent duly authorised. to make application in the name

bond $de applicnat

ploployinR agent to

buy ina~~ l i can t ' s	and for the declared use and benefit of	such applicant; and all con-
name.

tracts, agreements, and securities which shall be entered into, made,

or given with the intent of violating or evading any of the provisions

certain contrmts to

of this Act shall be, and are herebj declared to be, frauds upon this

be void

Act, and illegal, and ahsolutcly void at law and in cquity betmcen

all the parties thereto.

In certain cases the

agreement may be 36. The Commissioner, on being satisfied that any selector has

revoked.

been guilty of fraud uilder this Act, or has violatedsor failed to yer-

form any of thc conditions contained in or implied by his lcase,

publish in the Gazette, a notice in the form or to the effect of the

Sixth Schcdulc in this Act, which notice shall, either before or after

its publication in the Gazette, be also served upon the selector, or

posted to his last known address, or the place of residence mentio~d

in his lease; and during one calendar month following the pubiicetion

of the said notice the selector may furnish to the Commissioner ally

documentary evidence that hc has not been guilty of fraud under

this Act, or has not wilfully violated or failed to perform the ~011-

dition~ of his lcase as allegcd in the said notice; and if the selector

shall not furnish such evidence, or if the evidence so furnished by

him shall fail to prove to the satisfhction of thc Governor that the

scl~ctor has not bccn guilty of fraud under this Act, or has not wilfully violatcd or failed to pprform the conditions of his lease as

alleged

45O Sr 46" VICTORIrE, No. 271. pp-pAppp.-- p

_I_- -

The N r t h e m Tewitory Croto12 L a n d s Co?~solidatiow Act.-1883.

dleged in the said notice, it shall be lawful for the Governor, at any

~ ' A W 11 1.

time after the expiration of the said month, to revoke the said lcase -

rtl~d resume possession of the land therein described; and thereupon

no claim at law or in equity under such lcase (except as against the

selector) shall be made, entertained, or enforced in any Court; but

tllc selrctor shall hc tnlrcn to hnvc forfeited a11 light, title, and

interest untlcr his lease, and all money paid thereunder, and to be, 3s to tllc land therein described, a mere trespasser; and it produc- tioll of a copy of the Glzzette containing a notice by thc Commissioner

of such revocation and resumption shall be conclusive cvidencc that

s ~ c h lease has been lawfully revokcd, ard that the land thcrein men-

tioned has been lawfully resumed,

37, S o selector, whose lease shall be so revoked, shall bc cntitlc?d selector sh0.e ngrer- rwnt revoked, not to

or idlowcd to select or hecolne the purchaser of the same or ally, ,c allowed to select

o t l m land upon crcdit under this Act for the spacc of two ywrs again.

from the date of such revocation, anything lierciilbefore containd to

the contrary notwithstanding,

PdR'I.' TV. FART IV.

SALES FOE CASH.

38, Country lands may be sold for cash by privatc contract for I~ancls t o open for

sale for cash.

the sum of not'less than Twelrc Stlillirlgs and Sixpence per acre.

39, If any person shall ayply in writing to the Cornmissioner for a Special survey.

special survey of any waste lands of not lcss area than twenty acres, and shall specify the locality of such waste lands, and shall, at the

time of making such application, deposit with the Commissioner an

amount to bc fixcd by thc Commissioner, as the cost of such survey, such	person shall be cntitlcd to have the said waste lands survcycd by the	said Commissioner, and after the said survey shall have been made,
to purchase? the samc for cash at the price of Twclvc Shillings and
Sixpence per acre, and the actual cost of survey; and the said Clolnmissiorler s l d l thereupon cleliver to him a grant of s~xch lands: Provided always, that the said Commissioner may refuse to entertain any such application: And provided also, that notice of every such application shall be given by advertisement in the Gazette.

40. Town or township and suburban lands shall be sold by auc- Tomship lands to be

tion for cash, and not upon credit. sold for cash.

41. The Governor may, from time to time, fix an upset price at c ,,,, , fix ,,,,P

lvhich town, township, country, spccial country, or suburban lands price of to^ t o rn -

may bc respectively offercd by public auction, and may from timc to land,. ship. or suburban

time raise and lower such upset prices: Provided always, that such

" p ~ t prices shall not be less in any case, than Twelve Shillings an11 Sixpence per acre.

42. KO

12 45' & 4 6 O VICTORI&, No. 271.

--.- -p--

--

The No?.thern Territory Cmwn Lands Consolidation Act.-1882.

--

W

PAKT IT. 42, No land shall be offcrcd at auction until after a statement,

Lands to be gazetted	showing the particulars of s~lch	land, and tlle upset price at which it
before offered at

auction.	is proposed to offer the same respectively, and the time and place at which S L I C ~ auction will be holden, has been published for four con- secutive weeks in the Gazette.
Purchase-money of

lands sold by auction, 43, No town, township, country, special country, or suburban

when to be paid lands shall bc sold at public auction, unless on condition of thc purchaser paying a t the time of sale, in ready money, a deposit of Twenty Pounds per ceritum of the purchasomoncp, and of paying the residue of such purchase-money within one calendar month next after the date of such sale by auction; and in case of the fkilure of such purchaser to pay the residue of such purcl-msc-rnor~cy within such one calencitr month, the deposit shall be forfeited, and the sale of the said lands shall be null and void.

PART V.

PROVISION S IENBYECTING MINING.

JIolders of miners'

rights entitled to ton 44, Every holder of a miner's rights or right under tllc pro-

acres for cultivation.	visions of ' l The Northern 'l'erritory Gold Mining Act, 13'73,'' or any rules or regulatiorls made thereunder shall, during the continuunce thereof; subject to t h e terms and coliditions hereinafter mentioned, be entitled to occupy for the purpose of cultivation an arca not exceeding ten acres of' such portion of thc waste lands of the Crown as shall riot, iit the tirnc of making. thc applicatioll here- inafter mentioned, have been found to be aunfcrous, or of such of the said waste lands as shall have bccn at thc time of such a1)plicti- tion worked out.
Mode of application.
in the said lands are situated, in the forin in the Sewnth Schedule aforesaid, skill make applicatiou to the wiuckn of the district where- 45, E v e n such holder desirous of occupying la id for the purposes
hereto, and bhall, to such application, annex a plnn'of the laid so applied for, delineating thcrcin,as prwisely as possible, tllc sizc, shape, and the position thereof in connection with some natural or other feature in the ncighborhootl thereto, and also dclincotilig thcrcin such portion of any river, stream, or watercourse as passes through the said land, or along+any bomldary thereof; and every snch application shall be accompanled by a fee of Twenty Shillings. A copy of such said application shall also, at the time of such applicatiori, be posted by such holder in a conspicuous position upon thc said land, 2nd shall remain so posted fbr a period of not less than ten clear days.

Notice of objections	46.	Within ten days from the delivery of the said application to
to grant of hcence.

the said warden, any person desirous of opposing t h e granting of an occupation licence to such applicant shall lodgr with the said warden a notice of ollposition, setting forth wucisely the grounds *F

45' & 4V VICTORIJE, No. 271.

Th,e Northern T e w i t o y C h w n Lands Consolidation Act.-1 882.

of such objection. After the expiration of ten days from the lodging PART v.

_ " .-̂ __I-- -

of such application, and whether the same be opposed or not, the

said warden may, in his cliscretion, grant or ref~lse such licence.

47. Every such licence shall be signed and issued by the warden Terms of licences and

of the district, and shall be in the form in the Eighth Schedule ~ W ~ I S.

hereto, and upon the expiration theilcof such holder shall. upon re~le~val from tiinc to time of his miner.'s right, be entitled, upon pyment of a fee of T wcnty Shillings, to a rcilewal of the said licence;

such renewal shall be in the form in the Xinth Schedule lzereto, and shall be indorsecl on or ailnesod to the original licence.

48. If a t any tinlc it shall be lnatlc to appear to the satisf&ioll Forfeiture of licence.

of the warden grantiilg thc said licence, or any rc3riewal thercof, that

&cr tllc issue thereof the holclcl: is not s bowi f i d e ininei., or that hc is not Oollti f idc cultivating the said land, or that he is using the same

for other than cultivation p p s c s, the snid warcler1 lrliLY givt: to

such holder a notice in writing that the said licence, irorn allcl after a clate in srwh notice ~~wiltioncd, will be rcvolrccl; a~ ld after persoilal scrvice of such notice, or if personal scrvice cannot be effected, aftcl. posting the same on ;I conspicuous plnca on t!lc land, the snid licence sball, a1111 for all purposes shall, be tlccincd to be a1)solutely void; and any occupation of the said lands by suck holdor shall tl~ercafter

be deemed to be nnauthoriscd, i ~ n d strcah hnl(1er may, on continuing

to occupy after such notice, be dealt with as :L person in 11nauthorised

occupation of ~ ~ i t ~ t e lands of the Crown.

50, S n occuI)atio~~ licence fi)r cultim tion lmrposcs shallbe granted c r ~ l t i v a t i ~ n licences

not to be granted on

01, wncwcrl i f, in the opi~iioii of the said wardcn, the land for which auriferuus l,,,,l,.

such liccncae is sought is auriferous; ancl for thc purpose of ascer-

taining ;it. any time ~ ~ h e t h c l, tllc said land, or an) part thereof, is Compenmtionpuyullu

auriferous, i t shall be lawful for any holder of a miner's right, upon by piotpe~tors.

pajiilg to thc. holder of' the snid licence a. sum for compcnsation (to

be fixed by thc said ~vnrdcn) to entcr upoil the saicl land, or any

part thereof, imtwithsta,nding the cnrrerlcy of such liwnce, and there

prospect for gold.

ulrder this ~ c t ~ f o r lands held under any &tbsisting mining lease, ~ ~ s: ~ ~; t " ~ ~ ~ ~ O n

not\vithst,znclir~ir. that the lcsscc or lessees may have ceased to carrv

L, J

on operations thereon, nor shall m y such licence be granted for lands wllereon arc c l ~ c t e d at the timc of the applicatioil :my haild-

l n p or machinery.

45' & 46" VICTORILE, No. 271.

The Northern Tewitor,q Ci.ow?z Lands Consolidation Act.-1882.	l
52. No occupation licence for cultivation purposes shall be	1

Cultivation licences	granted for lands having thereon rivers, watercourses, or surface
injurious to public	waters, which, in the opinion of the wxrden of the district, are
water rights.	required for public purposes.
Necessary buildings,
&C., may be erected.	53, It shall be lawful for any licencw under this Act to erect upon the land held under his licence all necessary buildings, stables, cowsheds, and fences; and, upon the determination of the licence under which the said lands are occupied, or of any renewal thereof, whcthcr by effluxion of t h e or other wise, thc said licencee shall be
at liberty to remove all buildings, erections, and fcnces.
Residence licences

not to be granted if

nlsly be granted to 54, The Coinmissioner may grant to any B u d fide miner, or other

miners.	person actually engaged in mining pursuits, whether for mineral, metal, or gold, a liccncc to occupy, for the purpose of residence only for liims'lf and his family, any portion of the waste lands not exceed- ing in extent half an acre, a i l such liccncc may be fbr such period not exceeding seven years, and at such annnd rent, payable ill advance, not exceeding Ten Shillings, as inay be prescribed by the regulations to be made urlder this Act; ancl such licence shall be transferable and may bc renewcd until such laud shall be alienated in fee-simple or be resumed by the Crown for public purposes: Provided that, in respect to any lands held under n mineral lease, no licencc shall be granted mthout the coliserlt of the lesscc.
licence on sale of
netcrmination of	55. When any land included in any licence so grailted as afore- said is sold or alienated in fee-simple from the Crown, or set itpart for any public purpose, during the term for which such licence is granted, the licencc shall thereupon ceasc, but the licencee shall be entitled to such compensation as the Commissioner may consider just for the loss of so much of the said term as may then be unexpircd; and if such land is sold or alienated in fee-simple, the value of any improven~ent made thereon shall bc paid to such licenccc by the
land.
purchaser of' the fee-simple.
Reservations for
residence licences in	56. Any mineral lease to bc issued shall contain a provision to the effect that residence licences, as last aforesaid, may he issued for the lands demised by such lease, or m y part thercof, under regu- lations to be made as hereinafter provided.
mineral leases.
penalty for re~iding	57. If any unlicensed person shall reside on any such lands as such lands after the expiration of his licence, whether by effluxion of time or by any other ketermination thereof,'he shall, onconviction thereof before any Special Magistrate or two ,Justices of the Peace for the said province, forfeit and pay a penalty of not exceeding Ten Younds for such offence; and the proof that such person is the holder of a valid existing licence shall rest upon him.

On lLinds with aforesaid, or any parson having been licensed shall hold over any

out licence, and for

holding over.

Licences may be	58. Thr ~ornluissioner	may grant licences to applicants to search
granted to search for

minerals. for and remove minerals and metals, except gold, from waste lands,

and

45' & 46u VICTORIB, No. 271.

The Northern 2'e?.ritory Cmwn Lands Cr~~!solidaiion Act.-1882.

p ~ x r I-.

every such licence shall be in force for the period of twelve months from the date thereof, and sllall authorise t lx person tliesein his assigns, liccncees, servants, and workmen, during the currency of such licencc, to mine and work the land described therein, and to remove and carry away such ~nincrals and mettls therefrom; and such licences may be from time to time renewed for twelve months, subjcct to the provision in the next clause	-L	.	-
contained.

h ~ i ~ e prior

59. The holder of any licence shall have a preferential right to right 10 lcasc.

make application for :L lcase of the land dcscribed in such licence,

and no lease shall be granted of such land to any other person except

after reasonable notice to the holder of the licence; but no renewed licence shall be granted after an application has been made for a lcase of the land described it1 such licence.

of the lands cornprised i11 any such lease for the purposc of laying mmed for townuhipu. 60. It shall bc: lawful for the Governor to rcsuine any portion Landsmaybere-

ont c?, township, or other purposc of public convenience; and at any sale that may bc macle of any of the lands so resumed, the right of working for minerals shall bc rcscr~~cd to thc Crown for the benefit of the lessee from wlriom the land so sold inay have been resumed.

61, Waste lands may be leased, in blocks not exceeding six Lands may be leased for mineral purposes

hundred and forty acres, for the purpose of mining for any mineral for fourteen yem.

or metal, except gold, for a pcriod not exceeding fourteen years, at

an annual rental of TWO Slrillings arid Sixpcnce per acre, with a

right of renewal for two further periods of fourteen years, on pay-

ment of a fine on each renewal of not more than One Hundred

Pounds per acre of the land so leased.

62, Every lessee shall have power to determine the leasr: on giving Lessee may determine

three calendar months' notice in writing to the Commissioner. lease.

63. Any lessee desirous of obtaining a renewal of his lease shall Renm7al of lease

make application to the Commissioner for rcncwal at least twenty-four calcndar months before the expiration of the current term of such lense; and in default of such application the right of the lessee to a renewal shall be forfeited.

64. The amount of fine hereinbefore made payable on any Fine on renewal.

renewal shall be fixcd by the Governor, at least eighteen calendar

months before the expiration of the term of lease.

65, Leases shall be in the form in the Tenth Schedule to this F O ~ of lense.

Act, or to the effect thereof, and shall be by deed; and each lease shall be in duplicate, one part whereof shall be signed by the said Governor and be sealed with the scal of the province, and thc other part shall be signed, sealed, and delivered by the lessee, and shall bind such lcssce, his heirs, executors, administrators, and assigns, to

OCCq?Y 9

16 45' & 46* VICTORIE, No. 271. -

The Northern Termtor3 Crown Lands Consolidation Act.-1882.

- -

F

occupy, mine, and work the said land, and the minerals and metals therein and thereunder, under and subject to the conditions and stipulations and clauses of forfeiture as are set forth in the Eleventh Schedule to this Act, and such conditions and stipulations shall be inserted in every such lease.

Surrendered, for-

feitcd, and expired 66. On surrender of any such lease, and on the forfeiture of

leases to be offered	any such lease, and on the expiration of any such lease, as in the
at auction.	last preceding clause mentioned, a lease of the lands comprised therein shall, within six months after the date of such surrender, be offered for sale by public auction to the highcst bidder, of the time and place of which sale at least one calendar month's notice shall be given in the Gazette; and in case such lease is not sold the land comprised therein may be treated as waste lands.
leases void in certain
Court may declare	67. If the rent reserved in any such lease be not paid yearly in advance, or if three men for every block of land leased be not employed for at least six months in each year of the term of the lease in working on the land leased and inWsearching for or raising ores, or if the lessee shall permit any portion of the land to be occupied for other than mining purposes without the permission in writing of the Commissioner, such lease shall be liable to forfeiture, and the lessee or occupier may be proceeded against in manner pro- vided by section 104.
events.

PART VI.

PROVISIONS RESPECTING PASTORAL OCCUPATION,

TIMBER AND STONE LICENCES, COMMONAGE,

PEARL, PEARL-SHELL, AND TREPANG FISHING.

Pamtoralleases

panted to the first 68. The Governor may demise, for any period not exceeding

applicant therefor.	twenty-five years, for grazing and other pastoral purposes, any waste lands in blocks not exceeding four hundred square miles, to the
first applicant therefor, without previously offering the same for sale by public auction, and may reserve in a n y such demise such
rent payable in advance, and may insert therein such conditions and clauses of forfeiture and of resumption as shall be prescribed by any regulations hereinafter authorised to be made touching waste lands demised for grazing and other pastoral purposes: Provided that, if any such demise shall terminate, either by effluxion of time or otherwisc, the land comprised therein shall not be relet for pastoral purposes without a lease of the same having been first offered to the person bidding the highest rent for the same at public auction: And provided that such leases shall not be offered at auction at a less rental than Sixpence per square mile for the first seven years, a d Two Shillings and Sixpence per square mile for the remainder of
the term.

Waste Ianda may be 69. The Governor may, from time to time by Proclamation in

withdrawn. the Gazette, withdraw any waste lands from the operation of the

last

45O & 4 6 O VICTORIE, No. 271. 17

last section, and may demise any such lands for any period not	p * ~ ' V ~.
exceeding twenty-one years, for 9 mrazing and other pastoral purposes,
in rectangular bl.ocks not exceeding four hundred square miles, and
may reserve in any such demise such rent payable in advance or

and may insert therein such conditions as to rcsumption

of town and suburban sections, railways, roads, or public reserves,

and of land within the distance of twenty miles from any railway that may be constructed, and such other provisions as may be deemed necessary for securing to the public the right of passing ovcr the said land, and for authorising the searching for and removing minerals therefrom, and clauses of forfeiture, as may be prescribed by any regulations to be made under this Act: Provided that plans

of the lands intended to be withdrawn shali be laid before both

Houses of Parliament fur fourteen days and depositcd in the office of the Surveyor-General before such Froclamation is issued.

'70. The said lands shall not bc let as aforesaid unless the lease Lands to be Iet by public auction, with

to be granted in respect thereof' shall have been first offered for sale

by public surtion; and hcfore surb lcasc slldl bp offered for sale by auction, notice of the intention to offer the same by auction shall be published in the Gmerte for not less t h m two months, describing

the lend proposed to be offered, date of salc, the upset price, and the

term of lease. If the land should not bc sold it shall be again offrred at a, rerlucerl upset price, or may he otherwise dealt with as the Governor may think fit.

71, The Governor, if kc shall thinlr fit, whenever any lease for Certain annual leaaes may be granted

pastoral purposes shall hxvc been determined by reason of the land without auction.

tllerrhy dernised having bccn included in any hrtnclred, may grant

an l l~ i t i leases for -pasto&l purpow of the l a d demised by such lease

to the former lessee therwf, or his assigns, during the residue of the

term by such lease granted, without such land having been first

offered on lease to the person bidding the liig1ic:st rcnt for the same

at public auction: Provided that every such annual lease shall be

hu~&etl as thc'same may f rom time- to time be declared by any	subject to the rights of comrnollagc of purchasers of land within such
regulations to be issued under authority of this Act:
furtlier, that thc person beneficially interested iri the lands thus t o be paid for.

And provided Certain impmvementa

resumed shall beApaid out of thh general revenue of the said Northern Territory for a;?y wells, clams, and* reservoirs which may have been made during the term of such lease, and which may be

of a permanent characicr and irlcn~ase the carrying capbilitiks of

the lands comprised thcrcin; and the value of such improvements

shall be decided by some person or persons to bc appointed by the Governor, and such valuation, on being confirmed by the Governor,

6haU be forthwith published in the Gaxettc.

72. Thc Commissioner shall, by notice in the Gazette, once in Commonage.

every year, declare the yroportionate number of grcat cattle and small cattle ~ h i c h may be depastured on waste lands (not being

lands ~1ii.hich have been leased for grazing or other y astoral purposes)

'2-271. iu

450 & 460 VICTORIA$ No. 271.

The Northern Territory Crown Lands Consolidation Act.-1 882,

-

vl. in respect of any given number of purchascd acres, whether the same shall ha.ve been purchased on credit or for cash, undier the provisions

of this Act; and every such notice shall regulate for the then e l~suin~ 1

year the proportion of cattle to be so dcpa&ured by the occupiers oYf such purchased land, six head of small cattle being deemed equal to

one head of great cattle; and the occupicrs of such purchased land,

and no other persons, shall be entitled to depasture cattle on such

waste lands, in the proportion aforesaid: Yrovided that nothing herein contained shall prevent the sale of any part of such waste lands, nor affect the enjoyment of the purchaser or occupier thereof when purchased.

oeclnnition to entitle.

73. No person shall be entitled to such commonage or pasturage until he shall make, and afterwards deposit with the Commissioner, a declaration of the number of purcliased acres lawfully occupied by him, in the form contained in the Twelfth Schedule to this Act; and particulars contained in such declaration shall, from time to time, be published in the Gazette for general information; and any person knowingly making any false statements in any such declaration shall, on conviction, for cvcry such offence forfeit a i d pay a penalty or sum of not less than Fifty Pounds nor more than One Hundred Pounds.

~imber-cutting,

stone and salt-carting 74. The Commissioner may grant to any person, for any period not

licence. exceeding twelve calendar months, a liccnce to cut, fell, and rcmove any timber growing, lying, or being upon any waste lands, or to remove, take, and carry away any salt, stone, sand, ~ravel, or other material from any such waste lands, upon payment of wch fce as thc Governor may f'ronl time to time fix.

pead,~eaJ-shell,and 75. The Commissioner may grant licences to fish for pcarls,

trepang fishing.

pearl-shell, and trcpang, on such terms a i d conditions as the

Governor, by regulations, may from time to time fix.

or removing timber on 76, Any person who shall injurc. fell, or destroy any trcc a t

Penalties for injuring

waste lands wthout sapling growing 011 waste lands, or shall cut, SBTT~, removf3, or sell

liccnoc.	any timber lying or being on waste lands, without a valicl licence, or other lawf 11 a.uthoritf in that behalf; and any 1:erson who shall ".
nnlawfi~llp remove and take w a y, (a sever, excavate, quarry, or dig
Unlawful removal of	for, with intent to remove and take s, ~ a y, ally metal, or ore col^
metals an4 stone
from waste lantls.	taining metal, or any stone, sand, gravel, or other nmterial from any wastc -lands withont a valid l i r ~ ~ l c e, or other lawfd ;mthority in that behalf, shall, on convictiont forfeit and pay n penalty not cxcrcding E v e Pounds, includitl y costs, or to br irnprisoncd wit11 hard labor for any period not exceeding two calcndar months for each such offence; and it shall be lnmful for thc (vomrnissione~.. or any person authorised by him, or for any police constable, to aPFehelld any person found committing any offence against this clause, and forthwith to take such person before any two Justices of the Peace,
to be dealt with according to law.

PART VII*

45' & 46' VICTOKIR, No. 27 1.

PART VII. ]'ART V T T.

~ROVTSIONS RESPECTING LANDS R.F:QUTRF:T) FOR

PLANTATIOKS OF KIC E, SUGAR, C:OFPE:F,, 7'EA,

INDTGO, TOBACCO, OR COTTON, OR FOR SPECL41,

PURPOSES.

77. Whenever any applicant fbr scIt.etion of country land shall ~ ~ ~ + t i o n s for plant%-

shtc in his application that he intends to usc the land applicd for in

the cultivation of rice, sugar, coKec, tca, indigo, tobacco, or cotton, any or all of thcm, or any other mprchiuitnble tropical or semi-

tropical production, he shall be allowed to select s block of country lantls, in area riot less than thrce hunclrcd and ttvcnty acres, nor more than one thousand two hundred and clighty acres, at an annual

of' Sixpence per acre, payable annually in advance; and, in case any applicant so sclccting such land shall prove to the satisfaction of the Commissioner, within thirty days after the cspira- tion of five years from the dntc of his application, that he had, at the expiration of two years from the date of his applica-

tion, cultivated in a husbandlikc manner one-fiftlr of tlic cntirc

ared of land selected by him with any of the aforesaid produc- tions, and that after such second year he has annually cultivated in a similar husbandlike manner an additional one-tenth of the entire area of his said laud, and that, at ' the expirati~n of' the said term of five years, he had one-half of the entire area of land selected under cultivation with any of such productions as aforesaid, and that the wholc of such lsiiirl is et~clo~ed with a fence, wall, or permanent hcdgc, he shall be rclievetll, on application for his land

grant, from any furtlicr payment, a i d the rncincy theretofore paid

as rent shall be and be dcemcd to hnvc bccn payment of the purchase-money; and the Govcrnor shall thereupon exccutc a grant to such applicant of the land; but in all ut i l~r rcspccts, before the

proof' by this section requil-cd shall have been given, and the said

laud grant executed and dclivcrcd to such a~:plicant, hc shall be liable to the same contllitiorls and covenarlts as any other sclcctor	under the provisions of this Act: Provided that any two or more	srlwtora inay amalgamate thcir selections and cultivate thc land
selected by them either in CO-partnership or s s a registered company, subject, however, to the same regulations and conditions as apply to indiridual selectors; and provided also that before any such relief shll be granted, or land grant 1w executed, notice of the applicn tion for the sarnc shdl be published in the &wYtt? for one calendar month.

78. No application under the last preceding clause slrall be Time within rhieh application to be

allowed after the first day	of	January, one thousand eight hundred f i ~ i v e d.
and ninety.

79. The Governor may lensc for spcci:al purposcs m y portion of Leases for specin] purposes.

Faste lands to any persoli or company for any special purpose, such as for the erection of wharves, sto&houses, slips for building and repairing ships and other vessels, baths, works for supplying water

or gas to any town, or for any othsr special purpose which the

Governor

45' & 46' VICTORIK, No. 271. l

-- - -- -.

The Narthertz Territory C'ro'um Laarls Co~~solidatiora Act.-1882,

PAR' vlx. Governor may considcr beneficial to the interest of the public: Provided that the terms of lease shall not in any case exceed twenty. one years, and that every such lease shall, in addition to the covenants prescribed by the regulations to be made under this Act, contain a stipulation or condition that such lease may at any time be revoked on the Commissioner giving six months' notice and paying the value of the improvements, and that the annual rent shall in no casc be less than Olle Pound per acre,

toenter

into contract in 80. I t shall be lawful for the Commissioner to enter into contracts

Schedule. in the form contained in the Thirteenth Schcdule hereto.

Power to Governor to 81. The Governor may, upon the due performance by the said

grant land.	parties of the first part of all the terms and conditions in the said contracts hereby authorised to bc made, and upon the expiration of the time in the said contracts in that behalf limited, grant to the said parties of the first part, and their heirs or assigns, the said lands so selected in fee-simple: Provided that on breach by the said parties of the first part of any of the terrns aud conditions of the said contracts, it shall be lawful for the Governor to resume the said lands by giving such notice as may in that behalf be provided by the said contracts hereby authorisrd; and, in case of resumption, the said lands may be dealt with in all respects as waste lands of the Crown in the said Northern Territory.
Commissioner may	82, It shall be lawful for the Commissioner to enter into contracts for and on behalf of the Government of South Australia, with pemons desirous of undertaking the development of the agricultural resources of the Northern Territory, for the selection and occupation by such persons of lands therein, not exceeding an nrca of ten thousand acres under each contract, for like purposes to those in the provisional agreement hereto mentioned.
enter into other similar
contracts.

Provisions to be em- 83. Every such contract shall rescrvc: all mineral rights until

bOdiedin	the freehold is acquired by the persous selecting land, and shall limit the time for selection, the purposes for which the said lands arc, when selected, to be occupied, the quantity and shape of the blocks of land to be selected, the locality in which such selection
is to be made, the time to be allowed for the occupation and culti-
vation thereof, and the annual proportion of expenditure required during the period of occupation, arid copies of every such contract shall be laid before both Houses of Parliament within fourteen days after the making thereof, if' Parliament be then sitting, and if Parlia- ment be not sitting, then within fourteen days after the commence- ment of the next session of Parliament.

Surveys. 84. Upon the selection of lands under any such contract, all

necessary surveys shall be made, undcr the directions of the Surveyor-General, and the cost of such survey shall be paid by the selector.

45' & 46O VICTORIW, No. 27 I. 21

- - A-

-

The Nnrthern Twritory Crown Lands Consolidation Act.-1882.	-- p- p-.	p
/--

Y1l*

by any such contract, i t shall be proved to the satisfaction of the Grant in fee on car- $5. If, upon the expiration of the term of occupation provided

~~rnmissioner that the person s occupying thereunder have bomi f i e '-

not less than Tcn Shillings per acre in cultivating the said land, to be calculated upon thc whole area selected, and in plant and rnachiaery, and if, in addition thereto, merchantable sugar or other agricultural or horticuliural products of equal value shall haw

been produced during the term of occupation from the said land in such quantity as shall by the said contract be provided, and if the

terms and conditions of the said contract have in all other respccts

been compliccl with, then the persons so occupying as aforesaid

shall be entitled to a grant of the said lands in fee-simple.

clusive on any matter by this Act, or by any contract in pursuance $36. The decision of the Commissioner shall bc final and con- (??;$::z:deci-

thereof, referred to him.

87. The Governor may, upon the due performance of all ~ ~ ~ m G J ' ~ t

terms and corditions of any contract entered into uiider the pro-

visions of the last five prcccding clauses hereof, and upon the expiration of the time in that behalf limited, grant the said lands in fee-simplc to the person or pmsons cntitled thereto, or to their heirs or assigns: Provided that, on breach of any of the terms or power to resum if

conditions in such contract contninccl, it shall be lawful for thc conditions brolren. the said contract be provided; and, in cssc of resumption, the said lands may thereafter be dealt with in all rcspects as waste lands of

the Crown in the said Northern Territory.

88. I n case of resumption by the Governor of any lands "o*eitureof improvements on

under the powcrs in the last precechg clause hereof contained, or in resumption.

case of non-fulfilment of the proviso as to expenditure in clause 85 herein contained, all improvements made upon the lands during

perty of the Government. the currency of the said occupation shall become the absolute pro- 89, The powers conferred by this Act to enter into contracts Nocontractafter

under this and the nine preceding clauses, shall cease and determine: ~ ~ o u o	acres taken
so soon as one hundred thousand acres in all of lands in the Northern r 1
lerritory have become subject to contracts under the said repealed Act No. 193 of 1880, or under this Act: Provided that, on resumption of any lands held under such contracts, the same may be relet upon similar terms and conditions.

90. If any person or company shall become entitled by trans- when ~ondiiionsofcontract several blocks

fer, assignment, or otherwise, under more than one contract, to two	by ,	,	person.
or more sections or blocks of land, the conditions as to shape, occupation, cultivation, amount to be expended, and quantity of products to be obtained from the said sections or blocks shall be deemcd to apply to such scctions or blocks of land as a whole, in the same manner as if all of such sections or blocks had been

l a ~ f u l l y

45" 8: 46" VICTORIR, No. 271 -- - .

The Northern 1hrritol.y Crown Lands Consolidation Act.--1882.

- -. - -- -

lawfully selected and held under one contract: Provided that 110

such amalgamation shall be permitted unless such sections are contiguous, and shall not in the aggregate exceed twenty thousand acres.

Cox's Peninsula. 91, The provisions of this Act shall also apply to such part of

the land known as Cox's Peninsula, as shall not be less than ten milcs

distant from Pdmerston.

P A W VITI.

PROVISIONS RESPECTING IJCENSED SURVEY OK,$.

Commissioner to ap-

point licensed sur-	92, The Commissioner may appoint, without salilt'y, for the purposes of this Act, fit and proper persons, whosc qualifications for the office shall have been satishctorily ascertaincd, to be termed Licenscd Surveyors.
veyors.
Government will

accept surveys of 93. Guweys of the boundaries of runs, and surveys of scctinns

licensed surveyors.	of waste lands intended to be demised for mineral purposes, bcing
lnade by such licensed surveyors, sllall, on verification, be accepted
by the Commissioner and adopted in all questions betwccn the
Government and the occapiers of any demised land, and between the occupiers themselves of any demised land, ss thc correct boundaries of such runs, or the correct survey of such sections.
Liconsed surveyor

objccted to, surveyor 94. I n the event of the lessee of a run objecting to the employ-

to be named by	ment by the lcsscc of the adjoining run of iny particular licensed
Commissioner.	surveyor to lay down a disputed boundary, such lessee shall rrmlcc application to the Commissioner, with a statement of the rcasons for such objection, for another licensed surveyor to bc no~niiratrd by the Commissioner to lay down such disputed boundary; arid the Corn- missioner. should he coriceive such objection to be founded on propcr
c? wounds, shall nominate some other licensed surveyor, whose decision,
aftcr verification, shall be final: Provided that such licensed sur- veyor shall define the bounrlaries of runs, according to the priority
of application for leases of such runs, and shall have regard to the natural features of the country as particularly set forth and delineated in the plans annexed to suchleases, and accordiirg to which they were originally claimed.
Surveyors to be

examined prior to 95. Surveyors applying to be licensed for the purposes of this

issue of licence.

Act shall submit to an examination by persons appointed by the Commissioner, who shall inquire into the qualifications of such applicant, and shall also, if necessary, rrquire from such applicant testimonials of good character and ability.

Surveyors to make

declaration.

96. Such surveyor, prior to receiving n licence, shall make a

declaration, on oath, before onc of Her Majesty's Justices of the

Peace for the said province, in the form annexed in the Fourteenth

Schedule to this Act, that he will perform all surveys entrusted t o

him with strict impartiality. 97. t'acl1

450 & 4 6 O VICTORIE, No. 271.

The ATorthern Territory Gown I;an,ds Consolidutio~a Act.-1882.

97. Each surveyor, on making such drclnmtion, and having , ] ' * R ~ ~ ~ ~ ~.

been duly recommended for a licence, shall receive a licence accord- Licence to be	furnished.
irlg to ihc Fifteenth Schedule to this Act.

98. Every survcyor shall pay the sum of Five Pounds for such PCC to paid.

licence aforesaid.

99, I t shall be lawful for any licensed surveyor to charge and Fees tosurveyors.

from such party or parties making application for such sllrvcys, such fees as arc provided for in the Sixteenth Schedule

to this Act.

100, It shall be lawful for the Comrnissioncr to revoke such licence Licenco may bo revoked.

at any time by notice in the Gazette.

PART IX. PART IX.

--

LEGAL PROCEDUI~E.

101, Any person wlno shall tbrgc? any mincr's right, licence, or I'onalty for forging

lease, or any occupation licerlcc issued or purporting to bc issued ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ ~ e s .

uilder the authority of this ,4ct, or fraarlulcntly usc, uttcr, or exhibit any such forged L. miner's right, licence, or lease, or anv occulmtion licencc, knowing the same to be forged, or fraudulcntly personate thc holdcr of any such miner's right, licencc, or lcase, or any such occupstiou licence, shall be guilty of felony, and, on conviction, shall be liable, at the discretion of the Suprcrnc Court, to be imprisoned for any tern1 not excccding ten years,;vith or with- out llanl lsbor; and shy person m 7 1 1 0 shall fraudulently use! or ex-

hibit :is his own any miner's right, licence, or lettsc, m any occupa- tion licence, belonging or granted to any otllcr persurl, or use or

rshibit as a valid miner's riqht, licence, or lcase, or occupation licence, ally ininer's right, liccacc, or lease, or any occupation licencc,

whi~:ll shall have cspired, shall bc deemcd~guilty of a misdernc~anor,

and, on convictioil th;>reof, shall bc liable, at the discretion of the

said Court, to be irr~prisonctl for any term not cxcceding two years,

either with or without hard labor.

102, When any pprson slmll occupy or bc in possession of any Any una~Chorisedoc- oupier under agree-

Waste lands, undcr or by virtue, O r undcr cd0r of, ally lease which ment has been

be dis-

is void, or has expired or become fol.fcitcd, or has bccn rcvoked revoked pobscsrcd.

under or pursuant to this Act, or shall remain in unauthorised occupation or possessiorl of such lands, ancl shall rcfnse or ncglect to deliver up posscssion of the same to any person authorised by the C~rnmissioner i11 that behalf', such last-mentioned person, or any other person authorised by the C'ommissiouer, may apply, upon an jnforma- tion to bc laid by him in the form o r the effect set out in the Seventeenth Schedule to this Act, to any Justice of the Peace for the saiclprovince, ancl such Justice shall issue a summons, in the form or to the effect sct forth in the Eighteenth Schedule to this Act, ralling ul3011 the occupier of such lands to appear, at a time and place in the

Northern

24 45' & 46" VICTORIAZ, No. 271. l

The I\iortl~enc Territory Cmwn Lands Consolidation Act.-1882. 1

PAW X Northern Territory to be therein specified, before a Local Court of

- . - -

Full Jurisdiction, who may hear and determine the matter of such information in a summary way, ex pa~ tc or otherwise; and, upon proof to the satisfaction of the Local Court, at the time and place so specified, or at any adjourned hearing of thc said complaint, that thc lands referred to in such summons are held under or by virtue, or under color of, a lease which is void or has expired, or has beconle forfeited or has been revoked, and that such lands are in the unauthorised possession or occupation of the person summoned, a warrant shall be issued by the Spccial Magistrate, in the form or to the effect set forth in the Nineteenth Schedule to this Act; and every constable or bailiff to whom such warrant is directed may forthwith execute the same, according to the tenor and e x i g ~ i q

thcreof, in the same manner as any warrant of possession or writ of

habere fucias possessionem may now be executed by virtue of any law

existing at; the present time in the said province; and the jurisdictiol~

of such Local Court shall not be taken away or deemed to be oustcd

by any claim of title, question of property, or suggestion of right,

whcther made borg~ifide or otherwise, which may be raised by the occupant at any such hearing as aforesaid, but all matters relevant to, and arising out of the infklnation laid as aforesaid, s h d l be heard and finally determined by such Local Court.

Summary proceedings

103. The Commissioner may adopt nay mode af procedure for

not to	other
remeclie~.

Onus pmbandi.	recovery of possession of waste lands hereinbefore prescribed,
Averment that la.nds

am waste lands shdl 104. In any action, suit, or proceeding under this Act, the aver-

be eufficient.

ment that any lands are waste lands shall he sufficknt, without proof' of such fact, unless the defendant prow the contrary; and if ally question shall arise whether thc dcfencimt was authorisccl to do the act complained of, the proof thcrcof slrall lici upon such defendant;

and all licences, certificates, maps, plans, ard oflice copies certified as

true undcr the hand of the Surveyor-General of the said pm~ince,

or of the proper officer of his department, or of the Commissioner,

shall, in all matters rclating to the said respective offices, be sufficiwt

evidence without production of original records, :md without the

personal attendmce of such officers, or proof of their signatures.

takon under Ordinance

Prococdings to be 105, Every proceeding under this Act, for the recovery of the

6 of 1850.	possession of any waste lands as af'oresaid, where no other method of proceeding is by this Act provided, shall, subject to the provisions of this /4ct, be had and taken, and all otlzer proceedings, informa- tions, and summonses under this Act may be heard a d determined in a summary way by a Special Magistrate or two Justices of the Peacc for the said province, under the provisions of ;m ~rdinance,of
the Governor and Legislative Council, No. G of 1860, L k To facilitate
the nerformance of the Duties of Justices of the Yeace out of Xcssioxls l. with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices with respect to summary convictions and orders; and all orders undcr this Act may- be enforced as in the said Ordinauce, or in any other Act, is
shall be provided. 106. Kothil~g

45' & 46" VICTORIX, No. 271. L --

v

The north err^ Territory Crowrc Lugads Consolidation Act.--1882. . -

rC-

P A ~ m.

106. Nothing herein contained shall be corlstrued to take away

or affect the right of the Crown, or of the said Comrnisaioner, or of NO^ to affect other

the Government of the said province, to disttain for any rent which

may at any time be in arrear, or to take any other proceeding for

enforcing the paynzent of such rent or for the recovery of the

pssession of any waste lands.

PART X. PART X.

MISCELLANEOUS MATTERS.

107. All unbranded wild cattle above the agc of twclve months Unbrandedwild cattle

which shall at any time be running and feeding on any waste lands, "long

to the

and which shall have no reputed or apparent owner, shall be and shall bc deemed and taken to be the property of Her Majesty; and it shall be lawful for the Commissioner to cause the same to be sold and disposed of by auction or by tender; and the purchaser of snch cattle, on obtaining the written authority of the Commissioner for that purpose, shall bc at liberty within two months next after thc date of such authority, with necessary and proper assistance, to takc possession of such cattle, and for that purpose to enter upon any waste lands where the samc may bc running or depasturing.

108. Whosoever shall wilfully dehcc, injurc, destroy, or remove Injuring or removirlg landmarks.

any survey picket or other land-mark placed, erected, or being on

waste lands, without leave of the person authorised to grant such leave, shall, on conviction, for every such offencc forfeit and pay n penalty of Ten Pounds.

109. Any person, unless claiming under a sale, lease, or licence Penalties for the un- authorised occupation

from Hcr Majesty, or from some person acting in the uamc and on ,d	,,,,,
behalf of Hcr Majesty, who shall be found unlawfi~l l~

any waste lands, citlkr by residing or by erecting any hot or occupying lands.

building thereon, or by clearing, enclosing, or cultivating any part thereof, shall be liable, on conviction thereof, to the penalties following: that is to say-for thc first offence, a sum not exceeding Ten Pounds; for the second offence, a sum not exceeding Twenty Pounds, nor less thin Ten Pounds; and for the third or any subsequent offence, a sum not exceeding Fifty Pounds, nor less than Twenty Pounds: Provided always, that no information shall

be laid for any second or subsequent offencc until the expiration of

fourteen clear days from the date of the previous conviction.

110. Any person who shall unlawfully drpasture any cattle upon fully Penalties depastunng. for @aw-

any waste lands shall be liable, on conviction thereof, to the peidties following, that is to say-for the first offence, a sum not exceed- ing Five Pounds; for the second offence, a sum not exceeding Ten Pounds; and for the third or any subsequent offence, a mrn riot exceeding Fifty Pounds.

D-271 111. rf

45" & 46" VICTORIE, No. 271. -- - -. - -

The &-orthem Tevritoy Crown Lands C'onsolidation Act.-1882.

111. If any cattle shall be found trespassing upon any waste authorised by the Governor or Commissioner in that behalf, either generally or in the particular case, to impound the cattle so tres- passing, to be dealt with according to law.

Power to impound	lands, it shall be lawful for the Commissioner, or for any person
cattle trespassing.
False declaration a
nlisdemeanor.	112. Declarations under this Act may be made and declared before the Commissioner, Government Resident of the said Northern Territory, Justiccs of the Peace, notaries public, commissioners for taking affidavits in the Superne Court, and such other persons as the C*ovcrnor may appoint under this Act for that p~lrpose; and if any person wilfully make any &lse statement in any declaration made in pursuance of this Act, he shall be guilty of a misderneanor, and shall be punishable as if guilty of wilful and corrupt perjury.
Governor may order

costs of suits to be 113. The Governor may, if he deems it desirable, pay or cause

paid from Treasury.	to be paid out of the public funds of the Northern Territory, the
costs or charges of any suit or action which shall or may be brought by or a'gainst any Commissioner, Justice of the Peace, constable, or other person acting under thc authority and in the execution of this Act.
Protection of persons
acting in execution	114. All actions for anything done under this Act shall be com- menced within twelve calendar months after the cause of action shall have arisen, and not afterwards; and notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month at least before the commencerrrent of the action; and in every such action the defendant may plead the general issue and gi.ve this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff s l d l recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant:
of this Act.
together with the costs incurred up to that timc.
*ppr0priationof fines
and fees.	115. All pcnaltics, fines, and forfciturcs incurred or imposed under this ,4ct may bc sued for and recovered by the Commissioner, and when recovered shall be applied as directed by section 23 of this Act.
General power to

make regulations. 116. The Governor may make and publish such regulations as

t o him shall seem meet for fully and effectually carrying out and

giving force and effect to the various purposes, provisions, powers, ancl authorities in this Act contained, and may from time to time alter, rescind, vary, and amend the same, or any of them, and make other regulations in lieu thereof, for more fully and effectually carrjing out and giving force and effect to such purposes, provisions, powers, and authorities; and every regulation, when published in

the Gcrc~tte, shall have the force of law.

45O & 46' VICTORIiE, No. 271. -p p

- -

/ -

117. The publication or notification, under the authority of the -p I'-im X

(iovernment Resident of the said Northern Territory, in any news- PuUirstion in new- ' paper in Northern

paper published and circulating in the said Territory, of any infor- Territory to be of

m a t i o ~ ~, matter, or thing, by m y Act, Ordinance, Statute, I;rm, same force as publi- cation in Gmette.

rgulation, custom, or usage, directed or required to be published or notificd in the Government Gazette, shall, within the said Territory, be of the same force and eff~ct ns a publication or notification in the Governnzeitt Gazette ; and sl~all, so far as effects any rights or liabilities accrued or incurred within thc said Territory, bc and be deemed for all purposes a full and complete compliake with the

Act, Ordinance, Statute, law, regulation, custom, or usage, direct-

ing or requiring such publicatioll or notification.

118. Any person who publishes, or calms to be published, in any renaltr for unautho.

newspaper, of any notice purporting to bc authoriscd by tlle Govcm-

rnent Resident, which has not been duly authoriscd by the said

snrh newspaper, or is party or privy to the publication in any su& ri~edpllblicatian* not ruwe than One Hundred Pounds for every such offence, or to be imprisoned for any period not exceeding six nloaths.

v t t e to be evidcnvc

119. The production of the Gaxetk, in which shall be published Gn- m certain cases.

any l'roclarnation or regulation uiidcr this Act, or of any such news-

paper as aforesaid, containing any information, matter, or thing

purporting to bc published or notificd under the authority of the Government Resident, shall be dcemcd and taken to he prha, fnc ie evidence in all Courts of Justice in the said province, of all such facts and circumstances as were or shall be necessary to authorise the issuing of any such Proclamation, or the making of any regu- lation or by-law, and that the publication or notification in such newspaper as aforesaid was duly authoriscd by such Government Resident.

In the name aud on behalf of Her Majesty, I liereby assent to

this Bill.

* TV&$, F, DRUMMOND JERVOIS, Governor.

45° & 46' VICTORIJE, No. 271.

The Norttmn Territory Cro wu Lmzcls Co~zsolklation Act.- 1 882.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

Clause 4.

Number of Act. Title of Act. ?stcnt of Repcnl.

p

- ,

Clauses 1 to 9

No. 23 of 1563 Thc Il'orthern T e ~ ~ i t o r y A c t ......................

inclusive

No. 3 of 1868 The Northern Tcrritory Amendment Act, 18GS .... rhc whole.

No. 2 of 1869.70 An Act to amend a n Act No. 3 of lb68 .............. rhe whole.

No. S of 1871 An Act to atnefid ' l The Korthern Territory Amendment

Act, 1868 " .................................. The whole.

No. 28 of 1872 The Sorthem 'Territory Land Act, 1872 ............ The wholc.

No. 5 of 1 8 i 4 An Act to provide for f h pul~lication, in the Northern

Territory, of certtin matters and things required by

Law to be p~lblished in the Ooaernwtext Gazette .. .. Tha whole.

No. 48 of 1 8 i G The Northern Territory Land Amendment Act, 18i6. . The whole.

Nu. 7 1 of 1877 The Northern Tt!rritory Sclectorj Act, 1877 .......... The whole.

No. l53 of 16'79 'She Northorn Tcrritory Land Further Amendmmt Act,

1879 ........................................ The whole.

No. 170 of 1HSU Northern Territory Reduction of Bcntid Act, 1880 .... Tbe whole.

So. 104 of 1830 Northern Territory Scttlenlent Act, 1580 ............ The whole.

Ko. 220 of 1881 Northern Territory 1,and Amendment Bct, 1881 .. .. .. The whole.

So. "1 of 1881. An Ac t t o amend Act Ko. 194 of 1880 .............. The whole.

SECOND SCH lI:T)UT,E.

- - -. .. -

S n ~ n b c i of Act. I 'I'ltlc of I c t.

Ro. 9 of 1853 .In hot to regulate the occupation of Crown Lands in South Austlulin.

S o. 5 of 1837-8 An Act for regulating the sale m11 o t h t ~ di51)oaal of 1V;lste Lands bclongi~lg

to the Crov n in South Australia.

Xo. 18 of 1863 1 An Ar t to i ~ ~ u c r d " The Waste Lands Act."

NO. 20 of 1558	' An Act for an Assessment on Stock, snrl for otlwr ;,urposes therein n m -
1 tioneil.

No. 13 of 1869 An Act to proridc for the definition of boundaries of nms and the surw'

of lands for n~incral purposes by means of licensed surveyors.

KO. 7 of l ~ h l An Act to amend m Act No. 20 of 2211rl Yictoria, intituled An A0t for

I nn Assessnient on Stook, and for other purposes [herein mentioned."

Ko. 16 of	l862	/ A n .lot to provih for an appeal against assessments of the Waste Lands of	the Crown leased ibr pastoral purposes.
1

NO. 17 of I862 ,4n Act to provide for the future appropriation of proceeds of the 'Taste

I m d s of the Crown in the Provincc of South Australia.

No. 22 of 186.1 An Act to further amend an Act No. 20 of 22nd Victoria, intiluled "An A c t for an Assassnlent on Stock, and for other pwpuscs therein men- tioned."

45' & 46" VICTORIW, No. 271.

SECOND SCHEDULE-continued. -

- --

__I --

Sumbcr of Act.	l
I l'itle of Act.

KO. 13 of 1863	An Act to provide for the reduction of thc Assessment of certain Pastoral Clause 5.
1 Lands.
NO. 2 of 1864	An Act to enable the Governor to lease for mineral purposes land the pro-

perty of the Government not being Waste Lands of thc Crown.

l

KO. 8 of 1864

An Act to authorise certain reductions in the valuations of runs under the

Act intitulc.11 " An Art for an rlssessmcnt on Stock, and for other pur-

poses therein mentioned," and to provide for thc compen~ation for im-

pro~cmcnts to be allowed on resumption to lessees of pnstoral lands under

1

I	~ c ~ r ~ * \ \ e d	leases.
I

No. 2 2 of 186 1 ' An Act to cxxtcnrl the t e r m of certain lenses oS the Waste Lands of the Crown for pastoral purpoars, and to make provision for payment in certain cdses for improwments effected on lands co~nprised in leases granted for re-

) ncwed terrns undcr thc'Act So. 20 of 1838, intituled '& An Act for a n

I Asxssment on Stock, and for o t h prliposes therein mentioned."

So. G uf 1806-6 / An A.ct to repc,tl nil Ordinance, S o. 10 of 1 8 6, "To encourage the Fencing

of Land," and to lrialie other provisions in lieu thcrcof.

1

l

So. S of 1865-6 1 .h A(, f to aincnd Act KO. IS of 1858, intituled " A n Act to aiucud ' Tho

, NT\'asto Lands Act.' "

No. 16 of 18G5-G An Act to amend tire J j n w rclating to the 1e:lsing of Waste l ands of the

Crown within the Province of South Australia for pastoral purposes.

l

&'o. 23 of 1867 I -In Act to repeal " The Mineral Lcascs AI:$ 1862." and to make ot,hcr pro-

visio~is for thc leasing and occnpation of the Waste I h d s of the Crown

j	in tllo I'lovincc-? of South Australia for minc~ri~l	1~111,poxs.
l

S o. 1 3 of 1SGS-9 1 A\n Act to amcncl Thc W n s f r Lnnds Amcndmcnt Act, 1867."

So. I t of 1868-9 , .In .4ct to further nrncnd " The Waste Lands Act."

30.	4 of	18G9-'I0	An Act to amend " Thc m a s k Lands Amendment Act, 1868-9."
l

30 17 of 1 86$l.70 I .h A c t to amend the laws rc4.tt lng to the leasing for pastoral purposes of

cwt:iin of thn Waste Lands of ihc C r o ~ r n in the l'lovineo of South

( A I, L ~ ~ ~ ~ L ~ I: I, and for other purposes.

I(o. ?G of 1870-71 I h h c t to mend the h v s rrtating to Gohi Mining, and for oUior purposes.

So. 27 of 1870-71 1 A I ~ Act to further amend " Thc Wu,rte T,nnds Amendment Act, 186'8-9."

So. 18 of 1872	I .In Act to rchg111nt~	the Alienation and Salc of the Waste Lands of the Crown.
l

THIRD SCHEDULE.

1, of the undersigned, ~l~~~~ 2.5.

rlo hereby apply to become tllc selector of section , in the Hundred [or

h ~ n t ~ ] of , [Q?' Ijr i ? ~ TW h~tx2T~tZ (,P' comty state Zoca2it~1] under the pro-

visions of "The Sorthcrn T e r r i t o r y Crown Lands Consolidation Act, 18n2 "; and I

hercwith tender and pay the sum of as and for one year's rent in advance upon such purcllasc-money; and 1 undertake to sign within thirty days a lease on the terms and in the form provided by the said Act.

1)rtted this clay of , 18 .

VICTORIZ, N'o.

The Northern Territory Gown Lands Consolidation Act.-1 882.

--

-

FOURTH SCHEDULE.

Form o f Rece+t for Payment in Advance of First Year's Bent.

Clause 27. Received this day from the sum of , being one

year's rent in advance upon the purchase-money for section No. , in the Hun.

dred of , County of , and containing acres of land situate in

and the said is to enter into an agreement within days from the date of this receipt, in accordance with " The Northern Territory Crown I,an& Consolidation Act, 1 882."

Dated this day of , 18 .

{Signature of Conzmissioncr, or oficer appointed by him.)

FIFTH SCHEDULE.

firm o f Lease on Purchase o n Credit.

Clause 30. No.

This deed made the day of , between the Commissioner of

Crown Lands and Immigration of the Province of South Australia, hcreinafter called the lessor, of the one part, and of hereinafter callcd the

lessee, of the other part, witneseeth that in consideration of being

the first gear's rent in advance, of the land hereinafter desc~ibed, already paid to tlw lessor, pursuant to "Thc Northern Territory Crown Lands Consolidation Act, 1882," by the lessee, the lessor doth demise to the lessee all that [ o r those] of

land, containing acrcs, situated in in the Northein

Territory, for the term of ten years from the clay of 18 ,

at the yearly rent of Sixpence per acre for every acrc and fraction of an acrc hereby

demised, payable in advance on the day of in every year.

And it is hereby agreed by and bctwren the said pa r t i~s as follows :-

l. That the lessee shall and will pay the amount of rent hereby reserved on the days and at the times on which the same shall become due and payable.

2. That the lessee will purchase the lands hereby demised at the price or sum of

Twelve Shillings and Sixpence per acre, and mill, before the expiration of	the said tcrm,
pay the said purchase-money, and all arrcars of rent, to the lessor

3. That the lessee may, at any time during the said term, pay the said purchase- money of the said lands.

4. That upon payment of the purchase-money and all arrears of rent, the lessee shall be entitled to a grant of thc fce-simple of the said lands.

5. That the lessee will, within six months of the date hereof, erect, and hereafter, during tbc continuance of the said term, maintain boundary posts along thc boundary

lines of the said lands.

6. Any person autlioriscd by the lessor may, at all reasonable times, enter upon

the said lands to view the said lands, and any improvements thereon,

7, That this lease is made subject to the provisions of '' Tkc Northern Territory

Crown Lands Consolidation Act, 1882," and of any regulations made or to be made thereunder, and any such regulations which may hereafter be made shall be equally binding and obligatory on the partics hereto, as if this agreement had been made subject thereto.

8. Upon the breach of any of the foregoing conditions, or upon the publication of

a notice in the Gazette, that the Governor has revoked this lease, or if the purchaser shall do any act declared by " The Northern Territory Crown Lands Consolidation Act, 1882," to be a iraud upon that Act, or in either of such cases, the purchaser

shall forfeit all benefit under this lease, and shall deliver up to the lessor, or whom-

soever he may appoint, the said lands with all impro~ernents thereon; and this lease shall become void, and the purchaser may be dealt with under The Northern Territory Crown Lands Consolidation Act, 1882," as a person in unathorised occupation of such lands.

In witness, &c.

f S i p a h w s ) Lessor (L.s.)

I,essre (L.s.)

SIXTH

45" & 46" VICTORIK, NO. 2'71.

-

Th,s Northern Twritoty Crown Lnnds Consolidation Act.-1882.

SIXTH SCHEDULE.

Notice c~ intention to revoke Lease of Land upon Credit.

TO of the lessor of Clause 36.

Section KO. situated in by virtue of a

lease under The Northern Territory Crown Lands Consolidation Act, 1882,"

dated the day of 18

Take notice, that it has been shown to the satisfaction of the Commissioner of Crown Lands and Immigration that you, the a b o ~ e named 9 p a v e been guilty of fraud under the said Act], o r [have violated or failed to perform some of the conditions of the above-mmtioned lease], inasmuch as you have [or have not] within the terms and meaning of such lease, and of the said Act, and the regu-

lations in that behalf duly made [stale nrcture of the fraud, or breach ?f conditions eo./rp2ained o f ] : And further take notice that, during the month following the

publication hereof in thc Gn-ettc, you are at liberty to furnish to the said Com- missioner any documentary evidence that you have not been guilty of the fraud under thc said Act above-mentioned], or you have not violated or failed to perform the conditions of your lease as above-mentioned], as to which the onus of proof is upon you: And further take notice, if you furnish no such evidence, or if the evidencc furnished by you fails to prove to the satisfaction of His I3xcellency the Governor, by and with the consent of the Executive Council, that you have not [been guilty of the abovc-mcntionetl fraud under this Act], or [violated or failed to perform the above-mentioned conditions of your lease], i t will be lawful for His Excellency, by and with the advice and consent aforesaid, to revoke the said lease, and resume the lands therein dcscribed, after the expiration of one month from the publication hereof in the said Gazette. Dated this day of

18.

Comn~issioner of Crown Lands and Immigration.

SEVENTH SCHEDULE.

South [Royal Arms.] A u s t ~ a l i a.

No. Date

To the Honorable the Commissioner of Crown Lands and Immigration.-I, the clause 46

underuigncd, being the holder of a miner's right under the provisions of "The Northern Territory Gold Mining Act of 1873," dated the day of 9

18, do hereby apply, upon and subject to the terrns and conditions of $'The

Northern Territory Crown Lands Consolidation Act, 1882," for a licence to occupy during the currency of such miner's right, for the purposes of cultivation, that par- tion of the waste lands of the Crown, containing acres, or thereabouts, situate

near and particularly delineated and described in the plan hereto annexed.

EIGHTH SCHEDULE.

South [Royal Arms.] AustraZia.

C'ultivution Licence.

No. Datc

No. of miner's right

of having Clause 47.

paid to me the sum of on account of thc public revenue, is hereby

licensed during the currency of the miners right No. , held by him itnd subject

to the terms and conditions of " The Northern Territory (!rown Lands Consolidation

Act, 1882," to occupy, for the purpose only of cultivation, all that piece of land

containing acres, or thereabouts, situate a t and more particularly

described in application No, , of 18.

Warden of the district of

[Not transferable.]

NINTH

45' & 46' VICTORIA$ No. 271. -

The Northern Territory Crown Laads Consolidation Act.-1 882.

NINTH SCHEDULE.

South [Royal Arms.] Australia.

Retzewal OS Cultivation Licence.

No. Date

No. of miner's right -

of having

Clause 47. paid to me the sum of on account of the public revenue, is hereby licensed

during the currency of miner's right No,, held by him and subject to the terms and conditions of '' The Northern Territory Crown Lands Consolidation Act, 1882." to occupy, for the purpose only of culti&ion, the piece of land described in the

( within 1

or Cultivation Licence No.

I annexed I Warden for the District of

[Not transferable.]

TENTH SCHEDULE.

8outh [Royal Arms.] Australia.

Clause 66. This indenture made the day of in the year of our

Lord one thousand eight hundred and between

of the one art and - .-

I

for heirs executors administrators and assigns

hereinafter designated by the term '' lessee" of the other part

Witnesseth that in consideration of the rent the said Governor doth (subject to the reservations hereinafter contained) demise and lease unto the said lessee

executors adminihrators and assigns All

together with all ways waters watercourses privileges and appurtenances to the samc now belonging or therewith occupied or enjoyed Together also with full and free

liberty for the said lessee	executors administrators and assigns and agents and workmen in and upon the said land'hereby demised to dig sink drive make and use all such pits shafts levels watercourses and other works which it may be necessary to use in finding seeking for winning working and obtaining the copper and other ores not being gold therein contained and also to appropriate and use such part of the said lands either underground or on the surface as may be proper and requisite as well for depositing and laying down such ores and minerals and placing and heaping the waste refuse and rubbish which may be worked	along with them from time to time ss for washing and obtaining such ore and minerals	and for effectually separating them from all the soil and other substances mixed with
them and for smelting or reducing such ore into metal and also for supplying the said mines and works with water or with good and fresh air as for frceing the samc from water or foul air and for the purposes aforesaid to erect make and employ all such fire steam water or other engines buildings smelting works furnaces workmen's houses shops crushing mills sheds or h o ~ e l s machinery and works as may t)e proper and reasonable together also with liberty for him and them to erect Upon the said land hereby demised smelting works and furnaces hovels and other offices belonging to or necessary for the aaid works and all other necessary or convenient powers authorities privileges and advantages for all or any of the purposes aforesaid subject to the provisions of '' The Northern Territory Crown Lands Consolidation Act 1882 " To have and to hold the said lands dernised with all mines veins of copper and other minerals (except and subject as aforesaid) and all and singular other the premises with the appurtenances unto the said ldssce
executors administratars and assigns from the day of one
thousand eight hundred and for and during the full term of years from thence next ensuing and fully to be complete and ended yielding and paying therefor yeadrly unto Her Majesty Her heirs and successors in advance on the

day of and thenccforth in advance at the commencement

of every current year during the said term the yearly rental or sum of of lawful

No.

The Northern Territory Crown L m d s Consolidation Act.-1882.

lawful British money the first payment of such rent in advance to be made on the

day of subject to the following conditions, stipulations,

and clauses of forfeiture. (See 11th Schedule.)

I n witness whcreof the said parties to these presents have hereunto set

their hands and seals on the day and year first abovc written.

signed by His Excellency

and sealed with the Seal of the province, in

the presence of

signed sealed and delivered by the above-named

in the presence of

ELEVEXTH SCHEDULE.

That the lessee his esecutors administrators and assigns shall yearly during the Cluuae 66. term at the commenccmcnt of every current year of the term pay or cause to be paid in advance to the Treasurer of South Australia for the time being on behalf of Her &jesty her heirs and successors the reserved rent free and clea; of all taxes rates 14th Schedule :of 28	outgoings whatsoever And mill not during the continuance of thc term apply the land for any other use or purpose than for the purposc of mining and smelting without the permission of the Commissioner ofcrown Lands and Immigration in writing And will during the continuance of the term work and carry on such mines in a fair orderly skilful and workmanlike manner And also that it sliall be lawful for Her Majesty Her heirs and successors and to and for the Governor for the time being of the said p v i n c e his and their agents and workmen at all proper and seasonable times during the term without any interruption from the said lessee or his agents servants or workmen to enter into and upon the premises and into and upon any mines or works that may be found therein to view and examine the condition thereof and whether the same be worked in a proper skilful and worlrmanlike manner and for such purpose	i87p.
to make use of any of the railroads or other roads or ways machinery and works
belonging to such mines and premises And also that the lessee his executors administrators or assigns will not at any time during the continuance of the term place
or leave any waste or dead heaps of refuse or rubbish which may be brought out of
thc said mines and premises near to any river brook or channel of water whereby such waste or dead heaps refuse or rubbish may reasonably be supposed to be liablc to be disturbed or carried away by floods or other natural causes And also will build and keep in proper repair a sufficient and substantial stone wall or other fence round all the pits and shafts which may at any time during the term be open in any part of the dernised premises or elsewhere for the purpose of this demise so as effectually to
prevent all access thereto by all kinds of cattle And also will a t all times during thc	continuance of the term keep and preserve the said mines and premises from all
unnecessary injury and damage and also all the levels drifts shafts pits sumps water- courses houses erections sheds washing-places puddles and other conveniences roads and ways in good order repair and condition and in such state and condition at the end or other sooner determination of the said term deliver peaceable possession thereof And also will during at least six months in each year of the term employ and keep employed not less than three men for every block of land demised in mining upon the said land and in searching for or raising orcs and will whenever thereunto required bp the Commissioner of Crown Lands and Immigration or Inspector of Mines of the said province furnish him with satisfactory evidence that such mining operations have been carried on for the objects and purposes aforesaid And also that it shall be lawful for the holder of the lease of the run or of any portion thereof on which the land demised may have been surveyed to have free access at all times to any surface water or any water which such person may have procured by artificial means upon the land demised with or without cattle horses sheep and other live stock and to use and enjoy such water for the purposes of consumption by such cattle horses sheep and live stock and generally for his own benefit use and advantage as he shall think prorjer That the lessee his executors administrators and assigns mill observe and conform to and hold the demised premiscs according to the several orders and regulations from time to time in force regulating the tenor of waste lands in South Australia for mineral purposes Provided also that thc lease may be declared void and forfeited in

manner

E-271

4 5 O & 4 6 O VICTORIE, No. 271.

The Northern Territory Crown Lands Consolidation Act.-1882.

manner provided in the said Act if default shall be made by lessee his executors administrators or assigns in all or any of the following conditions that is to say if the rent be not paid in advance to the Treasurer as aforesaid if three men for every block of land demised be not employcd for at least six months in each year of the term of the demise in working on the land demised and in searching for or raising ores or if the lessee shall p r m i t any portion of the land demised to be occupied other than for mining purposes without the permission of the Commissioner of Crown Lands and Immigration in writing Provided also that it shall be lawful for the Governor from

time to time to resume any land demised for the purpose of	making roads for public
utilit,y and convenience.

TWELFTH SCHEDULE.

Clauso 74. I, 9 of 9

do herebv declare that I am the lawful occul~ier of	the following sections of
[mrchasGd lands, or lands purchased on credit], 'in the

15th Schedule of 28 consisting in all of acres, and for which I claim to depast&

of 1872. cattle on the waste lands in that Hundred.

Dated thc day of 18 .

THlRTEENTH SCHEDULE.

Chum 81. Memorandum of agreement made and entered into this day of

, in the year of our Lord one thousand eight hundred and eighty

between

Schedule to 191: of of the one part. and

1880., ofbdelaide, in the Province of South Australia, Commissioner of Crown Lands and Immigration for the said Province, and herein contracting for and on behalf of the Government of South Australia, of the other part: Whereas, in order to encourage the scttlernent of the Crown lands situatc in the Northern Territory of the Pro~ince of South Australia, and to promote the growth of sugarcane :incl other suitable products, and the estahlishmcnt of manufactories for thc rnanu- fncture of sugar and othcr markctslMc commodities, it is agreed as follows :-

l. That the said shall, up to

and inclusive of the thirty-first day of December, one thousand eight hundred and eighty, have the right of searching for and selecting ten thousand acres of the wabte lands of the Crownin the Korthern Territory, for a sugar piantation. Retmccn any such block and a river a reserve of not less than three chains in width shall bc reserved by the Government for travelling stock and other lmrposes.

2. That the said lands shall be cornpriscd of the alluvial river flats in not more than two blocks of a rectangular shape, length not to be greater than twice the breadth, the breadth to front a rivcr or a leading road should the land abut thereon.

3. That the said blocks may be selected a t the Adelaide River or the 1)aly River: 13rovided, however, that no portion of any such block shall be within a radius of ten (10) miles from the Town of Palmerston.

4. That on the selection of the said block the site will be fixed. and the outside boundaries and necessary roads through the block surveyed by one of the Gorern- ment surveyors, and a t the cost of the said

5. That, from the date of the selection, the said

will take possession of the said lands, and commence to bring the same into cultivation by planting sugarcane and &her products suitable to the climate, and shall within the first three years cultivate and plant with sugarcane in a husbmd- like manner not less than two hundred acres.

6. That, upon proof to the satisfaction of the Government Resident in the Northern Territorr of the BonBJicZc expenditure by the said

, of the sum of Five Thousand Pounds, in cultivating

the said land, and in plant and machinery erected upon the said land for the manufacture of sugar, and upon the production of not less than two hundred and fifty tons of merchantable sugar. or other agricultural or horticultural products of cqual value, obtained from the said land, the said

shall be entitled to a grant of the said lands in fee-simple. L

'I. That

45' & 46O VICTORIE, No. 271. -

--W .- -

The Northern Territory Crown Lands Consolidation Act.-1882. __-- -

7. That the Commissioner of Crown Lands a n d ~ m m i ~ r a t i o n shall be the person

who shall be satisfied that the said condition No. 6 has been complied with, and his

decision in such matters hall be final.

8. That the time to be allowed to the said

for cultivating the said land, and expending the said money, as aforesaid, shall be the term of six years, to commence from the date of the complc- tion of the survey of the said land being notified to the said Government Iiesident, during which term all mineral rights shall be reserved to the Government.

9. That upon proof to the satisfaction of the said Commissioner of Crown Lands and Immigration of the above conditions having been complied with at any time within the said term of six years, the said hereby agrees, on behalf of the said Government, to convey and grant the said lands to the said

I n witness ivhercof the said partics have hereunto set, thcir hands and seals

the day and ycar first above written.

Witness -

FOURTEENTH SCHE1)ULE.

1, A. B., do hereby solemnly and sincerely dcclarc that I will, lo the bcst of my Clmse 97.

ability, and without partiality, favor, or affection, corrcctly survey and delineate the

boundaries of such waste lands as may be entrusted to me to be surveyed.	16th Schedule of 28
of 1872.

FIFTEENTH SCHEDULE.

This is to ccrtify that A. B., having satisfactorily proved h h qualifications as a Cliluse 98.

surveyor, is hereby licensed for the survey of waste lands, either for the purpose of

the adjustment of the boundaries of runs, or for the survcy of new claims, or for the ,:th schedule of 28

survey of claims or mineral leases. A. 1: . of 1872.

SIXTEENTII SCHEDULE.

£ S. d.

For erery day employed upon any survey, including the time occupied in Clause 100.

travelling, and one original chart or plan of such survey, furnished to the employer, and one copy of plan and field notes furnisEicd to the

Surveyor-General, an amount not exceeding (exclusive of wages and 18th Sclwdule of 28

expenses of party) .. .. . .. .. .. .. .. .. .. .. . 2 O of 1872.

SIWENTEENTH SCHEDULE.

Form of Jnformatiou and Complaint ltgainst Unauthorised Occupant o f Waste

Lands of the Crown.

South Australk, The information and complaint of A. R., Clause 103.

to wit.

on behalf of the Commissioner of Crown Lands and Immigration, taken this

day of , in the year of our Lord 18 , before the undersigned, one of 13th Sched,ile of 25

Her Majesty's Justices of the Peace in and for the Province of South Australia, who saith that C. D., of, is the unauthorised occupant of certain

waste lands of the Crown, to wit held by him under an

agreement Searing date day of , 18 , which

said agreement has bwn revoked under thc provisions of	The Northern Territory
Crown Lands Consolidation Act, 1882."

Sworn before me the day and year first above-mentioned, at

J.P.

EIGHTEENTH

45' & 46' VICTORIE, No. 271. .- .U- -

p.

---

The Northern Territory Crown Lands Consolidation Act.-1 882.

-

EIGHTEENTH SCHEDULE.

Form of Summons to Dispossess Unauthorised Occupant.

103. 1Sozcth AustraZia, In the matter of " Thc Xorthern Territory Crown Lands Consoli-

to wit.

diltion Act, 1882," and between

on behalf of the Commissioner of Crown Lands and hmigra -

tion, complainant, and , occupant:

20th Schedule of 28 of

You are hereby summoned to appear at before a Special

1875.

Magistrate, or two or more Justices of the Pcace, on the day of ,

at o'clock in the noon, to answer the complaint of on behalf of the Commissioner of Crown Lands and Immigration, that you are in the unauthorised and illegal occupation of certain waste lands of the Crown, to wit,

held by you under a lease, dated the day of 18 ,

which said lease has been revoked under the provisions of " The Northernrrcrritory Crown Lands Consolidation Act, 1882," and that you neglect and refuse to deliver up possession of the said lands.

Dated the day of , 18 .

In cave you fail to attend this summons, upon proof of reasonable notice to you of

the same, the complaint will be heard in your abscnce, and such order made as to the

said Special Magistrate or Justices shall seem fit.

NINR'I'EENTH SCHEDULE.

Form of Warram! to Dispossess Unazcthorised Occzynni.

Clause 103. South Australz'rc,

fo wit. l

In the matter of " The Northcrn Territory Crown Lands Consolidation Act, 1882,"

Zlst Schedule of 28 of and between on behalf of the Conlnlissioner of Crown

1872. Lands and Immigration, complainant, and A. B., occupant.

To , the bailiff of , and all other constables and peace

officers. Whcreas it has bcen madc to appear to us, and we have adjudged that the said A. B. is in the unauthorised and illegal occupation of [here state dcscr+tion of' lands).

These are, therefore, to require you, the said and others, to deliver peaceable and quiet possession of the said land and premises to the said complainant and eject the mid A. B. and all other persons thcrefrorn, and for which this shall be

a sufficient warrant.

Given undcr our hands and seals this day of 18

in the Province aforesaid. ---a p p --p--- -

.- --p--

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