NT Crown Lands Act 1890 (SA)

ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

A. D. 1890.

No. 501.

An Act to repeal " The Northern Territory Crown Lands

Consolidation Act, 1882," and to make other provisions in lieu thereof.

[Assented t o December, r yd, 1890.1

HEREAS it is expedient to repeal The Northern Territory Preamble.

W Crown Lands Consolidation Act, 1882," and to make other provisions in lieu thereof -Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Co~mcil and House of Assembly of the said province, in this present Parliament assembled, as follows:

PART I. PAET I.

INTRODUCTORY AND GENERAL PROVISIONS.

1, This Act may be cited for all purposes as " The Northern Bhort title,

Territory Crown Lands Act, 1890."

2. This Act shall be divided into nine parts, relating to the fol- Division of hot into

lowing subject-matters :- parts.

PART	I. Introductory and General Provisions, sections 1 to 12 :
PART	11. Leases with Right of Purchase and Perpetual Leases

of Country Lands, sections 13 to 48:

PART III. Sales for Cash, 'sectione 49 to 53:

PART IV, Leases for the Growth of Agricultural product^, sec

tions 54 ta 58:

PART v. Pastoral Leases, sections 59 to 76:

A-601, PART

53' & 54" VICTORIAZ, No. 501.

me Northern Territory Crown Lands Act.-1890.

YABT I. PART vr. Leases and Licences for Special Purposes, sections

77 to 84 :

PART	vr I. Miscellmeous Provisions, sections 85 to 102:
PART	VIIJ. Trespass Penalties and Legal Proceedings, sections

103 to 115.

nepaal. 3, " The Northern Territory Crown 'Lands Consolidation Act,

1882,'' i~l hereby repealed.

Saving cIsuse. 4. Such repeal, except where otherwise expressly provided by

this Act, shall not affect any existing agreement, lease, or licence heretofore made or granted, nor any estate, right, title, interest, power, duty, obligation, liability, or onzrs probandi created by, acquired under, or now or hereafter existing ~lnder or by virtue or in respect crf any such agreement, lease, or licence, or under or by virtue, or in respect of such repealed Act; nor prejudice or affect anything already lawfully done or commenced, or agreed or author- ised to be done, under such Act, or under any existing agreement, lease, or licence, all which agreements, leases, and licences shall be of the same force and effect as if this Act had not been passed: And all divisions, proclamations, regulations, acts, proceedings, matters, and things lawfully made or done before the passing of this Act, by, under, or in pursuance of such repealed Act, shall be of the same force and effect, to a31 intents and purposes, as if thc said Act were still in force: And no proceeding, criminal or civil, which at the time of the passing of thi S Act may be depending in any Court, or before any Judge or Justices, or other authority,

shall abate or become discontinued, or be in anywise prejudiced or

affected, but shall be proceeded with, heard, and determined, and the judgment or sentence enforced, as if the said repealed Act were still in force: And, except where otherwise expressly provided, all offences committed, and penalties, forfeiturcs, and liabilities incurred, before the passing of this Act, or which may hereafter be committed	or incurred in respect of, or in relation to, any existing agreement,	lease, or licence, or by reason of or in relation to any duty, omission,
false return, unlawful act, breach, or other matter or thing under or against the repealed Act, shall and may be tried, punished, inquired into, and enforced as if the repealed Act were still in force: And wherever, in any Act, deed, contract, or agreement, or other written instrument, any reference is ma,de to the repealed Act, such reference shall be read and construed to include this Act.

Interpretation ,clause. 5. In the construction of this Act, except where the subject- matter or context or other provisions hereof require a different con- struction, the following terms in inverted commas shall have the respective meanings hereby assigned to them, that is to say-

" Block " or '' block of land " shall include two or more pieces of

land, separated f r ~ m each other only by a road or roads.

... Cattle"

Country lands " shall mean and

than town or suburban lands:

Crown lands" ahall mean and include all landa in the Northern Territory, except-

I. Lands reserved for or dedicated tp any public purpose:

*

XI. Lands lawfully granted, or contracted to be granted,

in fee simple by or on behalf of the Crown:

I Lands subject to any lease or licence lawfully granted

by or on behalf of the Crown:

And shall include all lands which, having been granted or held under lease or application for lease shall have been or shall be surrendered, or, having been reserved or dedi-

cated, shall have been or shall be 1,zwfully resumed by

Proclamation, or having been lawfully held by ttny person for any estate ox interest shall. have been or shall be law- fully forfeited or resumed, or which by any means whatso- ever shall have been resumed, or shall have reverted to the

Crown : I

' c C;razette '' and c c Government Gazette " shall mean the South

Azcstralian Government Gazette, published in Adelaide, or such official gazette published in the Northern Territory, or such newspaper or publication published and circulating in the Northern Territory, as shall from time to time, by notice in the South Australian Government Gazette, be appointed by the Minister:

Lessee " shall include as well the original lessee of land held under lease from the Crown as any assignee or transferee	of such lease, and the devisee, or personal representative of
any such lessee, assignee, or transferee:

Minister" shall mean the Minister o$ Education for the time

being of the said province, or other the Minister for the

time being haviug the control or management of the

Northern Territory:

Northern Territory " shall. mean ao much of the Province of

South Australia as lies to the nor yardel of south latitude, and bet twenty-ninth and one hundred an

east longitude, together with the

situated, and all and every the islan

53" & 54" VICTORIAZ, No. 501.

The Northern Territory Crown Lands Act.-1890.

PABT I.

land within such limits as aforesaid, with their rights,

members, and appurtenances:

"Park lands" shall mean lands adjacent to a town reserved for

or dedicated to thc use and benefit of the inhabitants of

such town:

'L Regulations " shall mean the regulations for the time being in

force under this Act:

C L Sheep" shall mean and include rams, wethers, ewes, and

goats; and also lambs and kids over six months old:

Suburban lands " shall mean all surveyed Crown lands situated

within three miles of any town lands or park lands:

' C Town lands " shall mean all Crown lands set apart, surveyed,

or laid out in lots as the site for a town,

C+overnor's powera. 6. The Governor may, subject to the provisions of this Act, from

time to time-

ay alienate Crown (a) In the name and on behalf of the Crown grant, lease, or

lands. otherwise alienate any Crown lands:

e x c h w ~ h ( 6 ) For the public use or benefit-

landa for publio

purpome.	I. Exchallge any Crown lands for any other lands in the Northern Territory:
11. Accept the surrendcr of or resume any lands granted after dedication for any public purpose freed from any trusts:
zxr. Authorise the exchange, freed from any trusts, or

subject to such trusts as he may approve, of any lands granted after dedication fox other lands so granted:

May lease lands to (C) Demise to any aboriginal native, or the descendant of an

sbrigines.

aboriginal native, any Crown lands not exceeding one

hundred and sixty acres in area, for any term of years

upon such terms and conditions as he shall think fit:

for public purposes.

May dedhate lands (d) By Proclamation dedicate any Crown lands:

I. For any purpose of public utility, safety, convenience, health, or enjoyment:

rr, For any other public purpose that he may think fit:

And may at any time after dedication grant the fee-simple

of such lands to secure the use thereof for the purpose for which the same were dedicated, and may, at any t ime before the grant of the fee-simple of any such lands, resume the same, wholly or in part, by Proclamation-

tion. (e) By Proclamation cancel the grant of and resume any dedi-

cated

S"

53O & 54' VICTORIE, No. 501. ---

The Northern Territory Crown Lands Act.-1890. -

cated lands used, held, or dealt with for other than the	PART	I.
purpose for which the same were dedicated, or which shall not be used or required for the dedicated purpose:

If) By Proclamation reserve fbr any of the following purposes ~ & ~; p " O ~. d s f O r

anv Crown lands or other lands in the Northern Terri- tory vested in the Crown, and not subject to any right of or contract for purchase:

I. For the use and benefit of the aboriginal inhabitants

of the Northern Territory:

11. For the purposes of military defence:

IIT. For forest reserves:

IV. For mineral reserves or reserves for gold mining

purposes;

v. For travelling stock reserves:

vl. For places for the recreation or amusement of the

public:

VII. For roads, tramways, railways, or railway stations:

VIII. For any other purpose that he may think fit:

of the lands so reserved. A statement setting forth the	And may, by Proclamation, resome the whole or any portion Firc~;zf""
reasons for such resumption shall be laid before Parliament within thirty days after such Proclamation, if Parliament be then sitting, and, if Parliament be not then sitting, then
within thirty days after the next sitting of Y arliament,:

(g) By Procla,mation-

I. Constitute and define the boandaries of new counties, May constitute c m - tiea and hundreds.

hundreds, and towns, and distinguish each by a name:

11. Declare that any county, hundred, or town shall cease

to exist as such:

111. Extend or diminish the area of any county, hundred,

or town:

rv. Alter the boundaries or name of any county, hundred, May alter boundaries.

or town:

v. Add the area taken away from m e county or hundred

to any other adjacent county or hundred:

YI. Divide any county or hundred into two or more counties

or hundreds, and give each a distinguishing name:

Every such" Proclamation shall state the day from which the same shall take effect, and no Proclamation constituting any uew counties or hundreds shall be published unless a list and plans of the counties or hundreds intended to be constituted

shall have been laid before Parliament for thirty days:

(4 BY

- --v -- .. - - - --.

The Northern Territory Crown Lands Act.- l89 0.

P ~ a r 1.

- ( h ) By Proclamation in the Gnzette set apart any Crown lands

May net apart sitas	as town lands, or suburban lands.
h d a.

for town or suburban

Form of grants, 7, All grants, leases, and other alienations, and all reservations

leaaes, &o.

and dedications under this Act, shall. be made in such form as

the Governor shall think fit.

land

to m r v e gold. 8. The grant in fee-simple of any land hereafter granted (except grants in pursuance of any lease or agreement for sale made before the passing of this Actj, and anv lease under Part 11. hereof, shall not be construed to include or to convey any property in any gold, silver, copper, tin, or other metals, ore, mineral, or other substances containing metals, or any gems or precious stones, or any coal, or mineral oil in or upon such land, the same being reserved by the Crown. It shall be lawful for the Minister, and for all persons authorised by him; at all times to enter upon any such land, and to search and mine for and remove therefrom any gold, metals, and other things reeerved there found, doing as little damage as may be to the surface: Provided that, in the event of the exercise of the powers hereby conferred, the Minister shall pay to the person or persons thereby damnified fair and reasonable compensation for any damage sustained (exclusive of the value of any gold, metals, or other things rcserved on the said land), such compensation to be determined b') valuation in the same mode as valuafions are deter- mined under section 73 of this Act.

Certain ~ o t e not to be Q, I t is hereby declared that since the seventeenth day of Novem-

ber, one thousand eight hundred and eightytwo, the Acts mentioned

in Territory. lme in

in the First Schedule hereto, arid the rules and regulatiom made under the said Acts respectively, did not, and shall not hereafter, have any force or effect whatever in the Northern Territory.

Xpptopriation of 10, All money received in respect of purchase-money, rent,

proceeds.

licence fees, penalties, fines, forfeitures, or otherwise, by virtue of or pursuant to this Act, shall be carried to the credit of the revenue of

the Northern Territory, and applied to the repayment of the Northern Territory loans and interest, and to the payment of the

cost of governing the said Terrilory, and the general improvement

thereof.

Land &oe to be 11. The Minister shall cause a Land Office or Land Offices to be

kept open,	kept open for the purposes of this Act at Palmerst~n, or at other suitable place or places in the Northern Territory, between such hours and on such days as may be fixed by the regulations, and he
may, by notice in the Gazette, close or discontinue any such office
or officers.

8 m q s by 12. All surveys by liceased surveyors of Crown lands and other

mtweym. lands in the Northern Territory vested in the Crown shall be made in acco~dance with data to be supplied by the senior surveyor, or proper officer for the time being in charge of the Land Office a t Palmerston, and plans of all such sorveys shall be submitted in

duplicate

53" & 54" VICTORIE, No. 501. 7

The Northern Territory Crown Lands Act,-1890. --

duplicate by the surveyor making the same to s w h senior surveyor	PAET I.
or proper officer, who shall, if ttre same are found correct, certify them to be so. One of the duplicate plans shall be deposited in the said Land Office. Either duplicate so certified, or a copy of such duplicate certified by such senior aurveyor or proper officer to be a true copy of such duplicate, shall be adopted as correct in all questions relating to the boundaries thereill delineated: Provided that a certified copy of such plan shall be sent by such senior SW
beyor or proper officer to each lessee or owner of, or applicant for, the lands included in any such plan. Any such lessee, owner, or applicant may, subject to, and within the time and in manner pre- scribcd by the regulations, appeal against any such survey, and the Minister or Government Resident shall thereupon nominate some otlrer licensed surveyor to re-survey such lands, or such portion thereof as shall have been objected to; and such rc-survey, if verified by the senior surveyor or pope r officer aforesaid, shall be final.
LEASES WITH RIGHT OF PURCHASE AND PERPETUAL

LEASES O F COUNTRY LANDS.

Country lands, how to

13, Country lands shall he divided into two classes, viz :- be divided.

I. Surveyed country lands; and

11. Unsurveycd country lands.

14. The Governor may by Proclamation, from time to time, pro-	proclaimed.
Land &tricts may be

claim that portion of the Northern Territory north of the seventeenth parallel of' south latitude a land district, or divide the same into land districts. Every such Proclamation shall define the boundaries of, and give a distinguishing name to, the district or districts.

15. Upon receiving addresses from both Houses of Parlia-	Appointment of Land
Boards,

ment it shall be lawful for the Governor, from time to time, to

appoint a Land Board for each district. Each Board shall consist

of not more than three members. The Board shall hold office for twelve months from date of appointment, but retiring members shall be eligible for re-appointment.

16. Three members of the Board shall have and may exercise all

powers and authorities vested in the Board. The Board shall at its

first meeting appoint one of its members to be chairman.

17, The Minister shall have and exercise all the powers and =ietertoe*eroire

functions of a Board in such portions of the Northern Territory m power where no Board

appointed.

are not proclaimed as being within a land district, and within any

land district until a Land Board is appointed thereto.

18. The Board shall, from time to time, subject to the approval of WYEA W* country lands m-

the Minister, classify the surveyed country lands situate in hundreds ,d h almks

within its district, sad decide upon the area tvhich shall be included md Noe. .ndmnt*

in

53' & 54' VICTORIE, No. 501. -

-

The Northern Territory Crown Lands Act.-1 890.

P A ~	11.	in each separate block, and the area which may be held by any one lessee according to the class of land, and fix the price and annual rent at which each block may be taken up on lease with a right of purchase, and the annual rent at which such block may be taken up
on perpetual lease.

Notice to be given

of land open for 19, The Minister may a t any time thereafter, by notice in the

leasing.	,Government Gazette, both in Adelaide and in the Northern Territory, specifying the land and the payments to be made for the same, from time to time declare that any such lands may, on and after a date to be named in such notice (not being less than sixty days after the publication of such notice) be taken up on lease with a right of purchase or perpetual lease.
Applications, how
made.	20, Applications for any such lcase may be made to the Minister, or to the officer in charge of the Land Office at Palmerston, in writing, giving the names, addresses, and occupations of the applicants, and specifying the land and the kind of lease applied for; and every applicant shall forward with his application twenty per centum of the first year's rent, as notified in the Government
Gazette.
simdbneous appli-
catione, what are.	21, All applications for or including the same land, received up to and on the date from which any lands are so open for leasing
shall be considered and dealt with as simultaiieous applications;
and after such date, all applications received on one and the same day, for any land not before applied for, shall be so considered itnil dealt with,
Applications to be
referred to the Board.	22, All ap lications shall, within two months after date of their receipt, bc re P erred by the Minister to the Land Board for the district in which the land applied for shall be situate, unless the land
be withdrawn from sale.

Board to dekrmine 23,

'l'he Land Board shall meet whenever summoned by its a,nd may require the personal attendance of and examine applicants

applicatiom referred.	chairman or the Minister, and shall consider the applications referred,
and their witnesses and all objectors and their witnesses, and may decide such applications and determine to which applicant any land applied for shall be leased, or may reject any application, or may sub- divide or alter the boundaries of' any block in cases where there shall
be more than one applicant for the same, and may apportion the price
and annual rent, or the annual rent only, as the case may be, in respect of each sub-division. The Board shall forthwithreport to the Minister its decision on the applicatioiis so referred, and the names of the successhl applicants, together with particulars of the lands allotted to them, and the rents payable shall forthwith be published in the
Government Gazette.

to be p r t ) ~ d

24, The Minister shall cause a lease to the successful applicant

to be prepared in triplicate and left at the Land Office, or forwarded

by post to the lessee at the address mentioned in his application.

25. The

in the same matmer

thereof.

27. Every original lease W

the term of twenty-one years,

Board, such price not to be less t h n Five $hillLP an acre. Thc renewed leaae shall contain a right of purchase at a price to be then fixed by the Board, such price not being less than Five Shillings per acre, exercisable at any time during the termof such renewed lewe. The rent for the first term of twenty-one years shall be that notified in the Gazette, and such notification shall be published in the Gazette bath in Adelaide and in the Northern Territory, or (in cases of sub. division of a block) that fixed by the Board on such sub-division, and the rcnt for the term of the renewed lease shall be fixed by

the Board by re-valuation at least twelve month8 before the expka- -

tion of the original lease.

28. The rent reserved by any perpetual lease for the first four-

teen years of t.he lease shall be that notified in the Gazette published both in Adelaide and in the Northern Territory, or (in cases of sub- division of a block) that fixed by the Board on such sub-diviaion. The rent for every subsequent fourteen years of the lease shaU be

fixed by the Board by re-valuation at least twelve months before the

ex piratkm of every such period of four teen years.

29. Notice of the amount of every

the last two preceding sections shall

Pllinister to the lessee, who s h d, within of sny such notice, signify to the Miniet

ar refusal of such re-valuation.

53" & 54' VICTORIW, No. 501.

The Borthern Tert itory Crown Lands Act.-1890.

+ fallen timber), and mineral oils in or upon the leased lands. The

lessee shall, nevertheless, be at liberty to cut and remove any tinlber for the bond fide purposes of clearing the land for cultivation, and shall also be at liberty to use for improvements on the leased land any timber so excepted.

CenditiOne 32, All leases under this part of this Act shall contain covenants

by the lessee-

I. To pay the rent annually in advance:

11. To pay all rates, taxes, and other impositions which may be

payable in respect of thc leased land during the lease:

111. To keep and maintain all improvements the property of the

Crown on the leased land, in good and tenantable repair and condition:

:v. That within seven years he will fence the land with a good

and substantial fence:

And such other covenants, powers, and conditions, as the Governor may deem proper for the purposes of this Act, and shall be pre- scribed by regulations.

Power to resume land	33,	'l'he Governor may rcsume for roads, railways, or tramways,
for roads, tramway a,

railway S, mining, &c. or ibr sites for towns, or for park lands, or for mining purposes, the

whole or, from time to time, any portion of the land subject to the

Proviso.

lease: Provided that at least thrck months' notice of thc intended

resumption shall be given to the lessee.

Compensation on 34. I n case of resun~ption the lessee shall be paid compensation

resumption. for the loss he shall sustain thereby, and in case of dispute such compensation shall be determined by the Board, or at the option of the lessee by arbitration.

Arbitration. 35, Every arbitration shall be detcrrnincd by two arbitrators, of

whom one shall be nominated by the Minister and the other by the	person or persons entitled to compensation or payment, or, in case of
the arbitrators not being able to agree, by an umpire to be appointed
by them before entering upon the consideration of the amount of

Proviso. compensation or payment: Provided that, in case either of the parties entitled to nominate an arbitrator as aforesaid shall neglcct to name an arbitrator for the space of one month next after a notice in writing so to do shall have been given him by the other party, or shall name an arbitrator who shall refuse or neglect to act, then the arbitrator named by the other party may make a final decision alone.

purchtrse not accepting 36. Any lessee under a lease with n right of purchase who shall	Leaeee with right of
re-valuation to forfeit not, within six months, or within such further time as the Minister right renewal. may allow, after notice to him of the amount of the rent fixed by the

Board on re-valuation for the renewed lease, signify to the Minister his acceptance of such re-valuation shall forfeit his right of renewal.

53' & 54' VICTORIW, No. 501.

The Xorthenz Territory G own Lands Act. -1 890.

37. I n case nny lessee under perpetual lease shall not, within six _ P ~ ~ T

months, or within such further time as the Minister may allow L~eeunaerper~etual ' lease not accepting re-

after notice to him of any re-valuation of his rent, signify to valuation toforfeit

the Minister his willingness to pay the rent as so fixed, his lease ~ ~ ~: ~ ~ ~ ~ ~ f ~ ~;	shall cease and determine at the expiration of the then current of hisleare.
period of fourteen years of his lease.

38, On or at any time within six months before the cesser or On refusal to accept,

determination of any lease, as mentioned in the last section, or the ,, lease to be oEercd or on forfeiture, &C.,

surrender or forfeiture of any such lease, or the expiration by atrentfixedbyBoard

effluxion of time of any lens; with a right of purehi&, in cases

where the lessee does not avail himself of his right of renewal of

lease or purchase, a new lease or leases of the land sl-iall be offered

in one or more blocks, at the rental fixed by thc Board, as herein-

before provided, and the iniprovcments made by the former lessee

shall be paid for by the incoming tenant, at a price to be fixed by

arbitration, and to bc paid to the Minister and by the Minister to

the outgoing lessee.

&te on and after which any lands were last declared to be open to reducedterms. 39. Should no application be made within three months from the 2:e;;ty{e;ff;; on

be taken up on lease under this part of this Act, or should allappli- cations received before such lands shall be again offered on lease as hereinafter provided be rejected or rcfused, the Minister may fiom time to time, and at any time thereafter, offer such lands at such reduced rent as he may, with the advice of the Board, deem proper.

Provisions Relating to ISumeyed attd Unsurveyed Country Lands.

40, No person shall hold under lease under this part of this Act, Maximum area.

at one and the same time, more than three thousand acres in area.

Details as to npplica-

41. Details connected with applications, surveys, leases, and tions, to heal-

grants, under this part of this Act, shall in all things bc subject to regulations.

to the regulations.

42, The Minister may at any time, either permanently or drawn. Lande may be with-

temporarily, withdraw any lands from selection or lease under this Act, and may in all cases, where he deems it desirable or expedient in the public interests, refuse any application.

Penaltv for excessive

43, Any person who shall, either directly or indirectly, at any one holding.

time be the beneficial holder of, or be beneficially interested in, more than three thousand acres of land held upon lease under this part of this Act, unless he shall become entitled to such land as the devisee or personal repsesentativc of any deceased occupier or lessee, or as mortgagee, shall be liable to forfeit all country lands held by him under lease under this Act, or in which he shall be beneficially interested, and all moneys paid by him on account thcreoi may be absolutely forfeited.

44, Any lessee under this part of this Act may, at any time, Le8seemayrmender4

on

53' & 54" VICTORIE, No. 501.

The Northern Tmitory Crown Lands Act.-1890.

*L

v	on giving three months' notice of his intention so to do, surrender such lease by giving to the Minister a written iiotice in the forin of the Second Schedule hereto, or in tt form to the like effect, and there- upon the land comprised in such lease shall revert to the Crown, and
the person so surrendering shall be entitled to hold any other land
in the same manner its if such lease had never cxisted.

Who may not hold	45.	NO person under the age of	eighteen years shall be entitled
lmde on t e r n of

credit. to hold, either directly or otherwise, any land upon lease under this part of-this Act, unless such person shkll become entitled to such land as the persond representative or devisee of any deceased lessee.

A ~ ~ l i c a n t m a ~ e m p l Mm ~ ~

agent to buy. Nothing herein shall prevent any bond $de applicant from employing an agent duly authorised to makc application in the name and for the declared usc and benefit of such applicant: but all con- tracts, agreements, and securities which shall be entered into, made, or given withihe intent of violating or evading any of the provisions of this Act shabll be, and are hereby declared to be, frauds upon this Act, and illegal, and absolutely void.

In certain c ~ e e the

lease may be revoked. part of this Act has been grrilty of fraud, or has violated or iailed to	47. The Minister, on being satisfied that any lessee under this perform any of' thc conditioiis or obligations containt3d in his lease or imposed by this Act, may publish in the Gclzetie, a notice in the form or to the effect of the 'l'hird Scl~edule to this Act, which notice shall, either before or after its publication in the Gazctte, be also fierved upon the lessee, or posted to his last known address, or the place of resi- dence mentioned in his lease; and during two months next following the publication of the said notice the lessee may furnish the Minister with any documentary evidence that he has not been guilty of fraud, or has not wilfully violated or failed to perform the conditions or obligations alleged in the said notice (as to which the burden of proof shall be upon the lesseo); and if the lessee shall not furnish such evidence, or if the evidence so furnished by him shall fail to
prove to the satisfaction of the Minister that the lessee has not been guilty of the fraud, or has not wilfully violated or failed to perform the conditions or obligations alleged in the said notice, it shall be
lawful for the Minister, at any time aftm the expiration of the said two months, to revoke such lease and resume possession of the land therein described; and thereupon IIO claim under such lease (except as against the lessee) shall be made, entertained, or cnforcd; but the lessec shall be taken to have forfeited a11 right, title, arid interest under the revoked lease, md all money paid thereunder, and to be, as to the land therein described, a mere trespasser; and the pro- duction of a copy of the Guxette containing a notice by the Minister of such revocation and resumption shall be .conclusive evidence that such lease has been lawfully revoked, and that the land therein mentioned has been lawfully resumed.
Lessee whom lease

revoked not to be	48, No person whose lease shall be so revoked, shall be entitled
sgwn upon credit for

allawed to purchase	or allnwed to become the lesser: of the same or any other land under
this part of this Act for the space of two y e a s from the date of such
two JWW~.
revocation. PART

53' & 54" VICTORIW, No. 5&. -- - - - -- W

The Northern Territory Gown L a d Act.--1690.

PART 111.

SALES FOR CASH.

Town lands and suburban lands may be sold by public auction for cash, and shall not be sol$ upon credit, or by private contract.

Town lands and

surhurbaa. lands may

be sold by auction

for cash.

50. Country lands within such surveyed areas as may be fixed by Proclamation may be sold by auction for cash at not less than

Country lande may be

sold for cash.

Ten Shillings per acre.

Minister may fix upset

49.

51. The Minister may, from time to time, fix the upset piice at price, and either &

which any town or suburban lands may respectively be offered for	or lowor such price.
sale by public auction, and may, from time to time, raise and lower such prices respectively: Provided always that the minimum price shall not in any case be less t h m One Pound per acrc.
52. No lailda shall be offered at auction until after a statement, showing the particulars of the land to be offered, and the upsct	Lands to be gasetted
before offered at
auction.
price or prices at which it is proposed to offer the same, and the time and place of the proposed auction, shall have been published for not less than four consecutive weeks i n the Gazette.

53. The purchaser of any lands at auction shall pay, at the time	lands sold by auc!tion,
Purohaae-money of

of sale, n deposit of twenty per centum of the pnrchassmoney, and	when' to be paid.
shall pay the balance of the purchase-money within one month next after the date of the sale; and in default shall forfeit the de- posit, and the sale of the land shall be void: Provided always that ihe Minister may waive any such forfeiture, upon such terms as he shall think fit.

PART I T.

PAR'L' IV.

LEASES FOR THE GROWTH OF AGRICULTURAL

PRODUCTS,

54. Leases of country lands situate to the north of the sevetlteenth ~ ~ ~ ~ ~ d m f a o ~ $ a

or cotton, or of any other agricultural product that may be allowed by coffee, &c.

parallel, for the production of rice, sugar, cotfee, tea, indigo, tobacco, gowth of rice, sugar,

the regulations, may be granted in blocks of not more than six hundred and forty acres, to any person who shall first apply far the same. Every such lease shall be for the term of five years, at the yearly rental of Sixpence per acre. Provided that a lease of trot more than one hundred and sixty acres may be granted, on conditions of residence, to any applicant at the yearly rental of Threepence per acre.

55. Any person desirous of obtaining a m such lease shall apply abode of applying for

in writing to the Minister,in the form of the ~ d u r t h Schedule hereto, or lease.

in a form to the like effect, for the land required, and shall, with his application, deposit the sum of Sixpence per acre as the first year's rent of the land applied for.

56. If the land applied for shall be wholly or partially unsur- ~~;~;;~~~"a

vey ed, the applicant shall, before making his application, mark survey to be paid by upon applicmt.

53" & 54' VICTORIW, NO. 501.

The Northern Territory Crown Lands Act.-l 8 90.

PART m- upon the ground the situation thereof in such conspicuous manner as shall be prescribed by the regulations, and shall, before obtain- ing the fee simple, pay, in addition to the said sum of Sixpence per acre, the estimated cost (to be fixed by the Minister) of the survey of such land: Provided that the Minister may, if he think fit, refuse to grant a lease of the land applied for.

Covenants to be

contained in lease. 57, The lease shall contain covenants by the lessee-

I. That he will pay the rent annually in advance:

11. That he will, during the first two years of the term,

cultivate in a husbandlike manner, with one or more of the products mentioned in section 54, at lcast one-tenth of the entire area of thc leased land, and mill, during the remainder. of the said term, keep the same land or an equal area of the leased land under such cultivation, and that he will during the third and every subsequent year of the term culti- vate and keep under cultivation in like manner, and with one or more of the said products, at least an additional one-twentieth part of the entire area of the leased land:

IIK. That he will, during the term, enclose the whole of the leased land with a substantial fence or wall, or such other suflicient enclosure as may be prescribed by the regulations:

rv, And power to resume, at cost price, any portion of the

land afterwards required for roads or other public

purposea:

And such other covenants, conditions, and stipulations as shall be prescribed by the regulations.

On performanoe of

conditions leesee to be 58. If any such lessee shall, at any time within twelve months

e n t i ~ ~ d ~ g m t o ~	after the expiration of his lease, prove to the satisfaction of the
fee simple of land-	Governor that he has observed and performed all the covenants and conditions of his lease, he shall be entitled, without any further payment, to a grant of the fee-simple of the leased land.

PART V,

PASTORAL LEASES,

Pastoral 1-8 may 59. Leases for pastoral purposes of Crown lands not included in any hundred may be granted to the first applicant for a period not exceeding forty-two years. The annual rent a t which such lease shall be granted shall be not less than Sixpence per square

be	nted to first
t&&t.

mile

The Northern Territory Crown Lands Act.-l 890.

mile for the first period of seven years, not less than One Shilling per	PART: y*
sauare mile for the second ~ e r i o d of seven years, not less than Two s6illings per square mile f i r the third peridd of seven years, and for the remainder of the term such an amount per square mile as shall be fixed by valuation, irrespective of lessees' improvem~nts, made by the Minister within the first six months of the twentyfirst year of the term of such lease.

60. Every lease under this part of this Act shall contain covenants confitiona oflem-

by the lessee to stock the leased land before the end of the third year of the term with sheep, in the p,roportion of at least five head, or with cattle in the proportion of at least one head, for every square mile leased, and to keep the same so stocked; and before the end of the seventh year to increase the stocking to at least ten head of sheep or two head of cattle per square milc, and to keep the same so stocked during the remainder of the term; and, so that the stocking with sheep and cattle combined shall be sufficient, if the requisite number are kept, one head of cattle being imputed as equal to five head of s h ~ e p; and in all cases, upon being required thereunto, to furnish the Minister with true particulars of the number of sheep and cattle with which the land is stocked;

ant1 the Minister may extend the time for stocking the land if satis- fied that bond fide efforts have been made to improve or stock such land. And every such leasc shall also contain such othcr covenants, conditions, and stipulations as shall be prescribed by the regula- tions.

61, No lands which at the time of the passing of this Act are, or aubsequent leases to

shall hereafter be leased for pastoral purposes shall be again leased bmffered at

for the same purposes, unless a lease thereof shall have been first

offered for sale by public auction at such upset yearly rent as may be

fixed by the Minister, such rental being not less than Sixpence

per square mile.

62, The Governor may by Proclamation in the Gazette withdraw Lande map be with- - -

any lands from lease under section 59; and thereupon a lease of any : ~ ~ ~ ~ 2 a ~ ~ $ ~,

of the lands so withdrawn may be offered for sale by public auction . *

at such upset yearly rent as the Minister may fix. No lcase shall be offered for sale under this section until two months after notice

of the intentiorl to offer the same shall have been pv.blished in the

Gazette, and every such notice shall describe generally the lands to

be offered, and shall state the date and place of sale, the upset

price, and the terms and conditions of the lease.

63. Every pastoral lease hereafter granted shall be subject to the Right of reanmption.

condition that the Governor may, during the currency of such lease, by proclamation in the Gazette, resume possession of all or any part of' the lands leased:

I. If such lands shall be required for mineral purposes, or for

the purposes of any railway, tramway, road, or public work,

or

53O & 54' VPCTORIW, No. 501. -

The No+tAern Telritoiiy Crown Lands Act.- 1890.

or as a eite for a town or cemetery, or for park lands, t h e e months' written notice of the intention to resume shall first

be given to the lessee:

r I. If such lands shall be required for any other purpose one year's

written notice shall first be given to the lessee, unless the lessee shall give his written consent to dispense with such notice.

Compensation on re-

aumption. 94.. On the resumption of any lands leased for pastoral purposes,

any improvements made by the lessee on the lands resumed during' the term of his lease shall be valued; and the lessee shall, subject,

to the provisions of this Act, be compensated in respect thereof in

manner following; that is to say, if the resumption shall take place

during-

(a) The first half of the term, the lessee shall be paid the full value of all such improvements:

( b ) The third quarter of thc term, the lessee shall be paid one-

half of the value thereof:

(c) The last quarter of the term, the lessee shall be paid one- fourth of the value thereof:

and if the lands resumed shall be situate to the south of the line defined in the Fifth Schedule hereto, he shall, in addition, be paid compensation in an amount to be fixed by valuation for the loss of or depreciation in the value of his leasc, according as the whole or

Proviao.

part only of the lands leased shall be resumed: Provided that such resumption shall not be for mineral purposes, or for the purpose of any raihsvny, tramway, road, or public work, or ss the site for a town or cemetery, or for park lands: Provided also that if the land included in any one lease shall be intersected by the said line, then the whole of such lands shall, for the purposes of this section, be

deemed to be situate to the north of such line.

Certain increaeed 65.

I n computing the compensation to be paid in any case for loss or depreciation in the value of any lease, no increased value given to such lease by reason of any public works executed after

value not to be

included.

the granting of such lease shall be included or taken into account.

Improvements to

revert to the Crown 66. No lease granted in pursuance of this part of this Act shall

on expiration of lease.

contain any implied or express covenant or provision whereby the Government might, except on resumption, be liable to make any payment to the lessee for or in respect of improvements made by him during the term of such lease; and at the expiration, or sooner determination, except by resumption, of any such lease, the lands therein included, together with all improvements, made thereon, shall vest absolutely in Her Majesty, Her heirs and successors for thc public uses of the said province.

power at any time

Minister &I& have 67. The Minieter shall have power, at any time after the expiry

of lme of any un~old pastoral lease, to determine the occupation of the out-

to wennine occupa- going lessee by paying to him the price fixed as the value of his

tion of outgoing

lersee. Emprovements,

68, W here

The Nortlzel n Territory Crown Lands Act.-1 N O.

68. Where there are several pastoral leases of adjoining lands PUT v.

expiring at different dates the Minister may. with the consent of Issue of new	lease.
the lessee, issue a new lmse, expiring not later than six months after the average date of cxpiration of such leascs, in lieu of such leases: the area of each lease bcing considered in eetimating the average date of expiry of such lease.

69. Whenever a new lease shall have been sold during the Leasee mw, with consent of Minister,

currency of an existing lease, the lessee under such existing remain in mcupation

lease may, with the consent of the Minister, continue in occu- after expiry of lease,

pation of the lands comprised in his lease until the expiration of twelve months after the sale of the nest- lease, although his lease shall have expired; but hc shall, subsequent to the expiration of his lease, pay the rent reserved by and otherwise perform the terms of

the new lease, and exonerate the: new lessee from such payment and

performance, and such occupation shall be subject to such other

terms and conditions as may be prescribed by the regulations.

70, Tlie term of every new lease sold at auction under this part Terms and condition

of this Act shall not exceed forty-two years, and every such lease of new lease.

shall contain a covenant for stocking, as provided by section 60, and such other stipulations and conditions as shall be prescribed by the regulations.

71, If anv lease offered for sale purarrant to this part of this Unsold teasea may be offered at reduced

Act shall not be sold, the Minister may, from time to time, offer t,hc same for salc by auction at such reduced upset yearly rent as he shall from time to time think fit, blxt so that such reduced rental shall not be less than Sixpence per square mile: Provided that

in the interval between an unsuccessful auction and the publication

of notice of another intended auction of such lease, the Governor

may grant the lease to any purchaser or person willing to take the same at the like rent and upon the same terms and conditions at and upon which the lease was offered at such unsuccessful auction,

72. No lease shall be offered at auction pursuant to this part Sale to be advertised.

of this Act nntil the expiration of two months after noticc of such

intended auction shall have been published i n the Gazette.

under section 59, shall be determined, in case of dispute, by two arbi- valuations. 73, All valuations under this part of this Act, except valuations Mode of other

trators, of whom one shall be nominated by the Minister, and the other by the person or persons entitled to compmsation or payment; and in case of the arbitrators not being able to agree, by an umpire to be appointed by them before entering upon the consideration of the amount of compensation or payment: Provided that in case either

of the parties entitled to nominate an arbitrator as aforesaid shall

neglect to name ail arbitrator for the space of one month next after a notice in writing so to do shall have been given him by the other party, or shall name an arbitrator who shall refuse to act, without another arbitrator being appointed, then the arbitrator named by the

other party may make a final decision alone, 74, No

C-50l.

~3~ & 54' VICTORIW, No. 501.

The Northern Territory Crown Lands Act.-1890.

PART v. 14, No lessee shall be entitled to any payment in respect

Notine of improve- of any improvements to be hereafter tnade unless he shall, before

to be given-	making thc same, have given written notice thereof to th; Minis-
ter, stating the nature, position, and probable cost, and date of completion thereof, and shall have obt.aincd thc approval of the Minister thereto: Provided that where it shall not be convenicn tly

Proviso.	practicable to give such notice prior to the making of such improve- ments, it shall be sufficient if such notice shall have been given with all reasonable dispatch.
Annual leases and
commonage licencee.	75, It shall be lawful for the Minister to grant annual l~ases of Crown lands included in anv hundred, and also cornrnor~age '3
licences for the depasturing ;f cattle dn such Crown lands; and such annual leases and commonage licences shall be granted upou such terms and conditions as may bc prescribed by thc regu- lations: Provided that, whcnevcr any lands included in any pastoral lease shall have been resumed for the purpose of being included in any hundred, the former pastoral lessee of such lands shall have a preferential claim to au annual lease thereof, during such time as the term of years granted by such pastoral lease shall be unexpired.
Holder of existing	76. Any holdcr of an existing lease of country, which is held under any Act which is repealed by this Act, may with the ::onsent of the Minister, at any time within t~vclve months from the passing of this Act', upon proof to thc Minister's satisfaction that he has complied with the conditions of his lease and has stocked his land with the number of stock required by section 60 of this Act, obtain
lease may eurrender.
a new lease for an additional term of fourteen years added to the
unexpired term of the old lcase, and the rent payable under such new lease shall for the unexpired term of the old lcasc bc thc same as that payable under such lease, and shall for the fourteen years' extension bc fixed by valuation as provided for by section 5'3 of this Act; and such new lease shall, except as to rent, be subject to
all the provisions of this Act.

PAET VL PART VI.

LEASES AND LICENCES FOR SPECIAL PURPOSES.

Leases to discoyerers. 77, Leases may be gmnted to any bond j d e discoverer of any coal, guano, petroleurn, or other valuable subs( ance or deposit ( 1 1 ot being a metal or metalliferous ore), on any Crown lands or other lands in the Northern Territory vcstccl in thc Crown not subject to a contract for, or right of purchase of, any portion of the lands on which such discovery shall have been made, not exceeding six hundred and fort\ acres. Every such lease shall be granted on sucb terms and conditions, and at such rent, as the Minister may think. fit. ,4 copy of every such lease shall be laid before both Houses of Varliament within one month from the date thereof, or, if Parlia- ment be not then in Session, within one month after the next meeting of Parliament. 78, Leases

53O & 54" VICTORIR, No. 501.

The Not-them Territory Crown Lands Act.-- 1890.

78. Leases may be granted of any reserves, or of any Govern- P ~ "

went buildings not required for Government purposes, or of any special leases d

Crown lands: for any term not exceeding twenty-one years from the fesexves*

date thereof', at such rent and upon suih terms and conditions as

the Governor may think fit, for any of the following purposes, that

is to sny-

I. For obtaining and removing therefrom guano or other

manure:

11. For obtaining arrd removing therefrom stone and clay, or

other earth:

m, For sites of inns, stores, smithies, bakeries, or other buildings, for business purposes, that the Governor may approve, in thinly-populated districts:

rv. For sites of bathing-houses, bathing-places, mail stations,

toll or punt houses:

v. For sites of tanneries, factories, sawmills, or paper-mills:

VI. For sites of wharves, quays, jetties, or landing-places, and

for sites for the depositing of materials or produce:

VII. For the working of mineral springs:

V I I I. For sites for ship or boat-building or repairing:

rx. For the manufacture of salt:

X. For sites for smelting works, or any other works approved

by the Governor:

xr. For any purposes for which licences may be granted under

this part of this Act:

xrr. For any purpose approved by the Governor.

for sale by auction to the highest bidder, at such time and place, at auction. 79, Every lease under the last preceding section shall be offered Leaaes to be offered

and at such upset rental, as shall be fixed by the Minister, by notice published in the Gazette not lcss than four weeks before the day of holding such auction: Provided that lands that may have been offered by auction under this section and not sold may be leased at any time thereafter at the upfiet rental fixed by Proviso.

the Minister, and if there should be more than onc applicant for the

same block the right to a lease thereof shall be decided by lot.

80, Every lease granted under section 77 hereof shall contain a cmGtiOne of lesses,

covenant bv the lessee to use the demised land bond file for the purpose foiwhich i t shall have been demiaed, and not to use it for

53" & 54" VICTORIB, No. 501.

The Northern Territory Crown Lands Act.-1890.

PUT +re any other than such purpose, and such other covenants as the Minister may think fit to impose; and shall also contain a proviso for forfeiture upon breach of any covenant contained in the lease.

Lioences may be 81, The Minister, or any person authorised by him in that

granted. behalf, may grant licences to enter upon any Crown lands, or ddicatccl or reserved lands, or lands leased for pastoral purposes, to be described in such licences, and to occupy the same for any of the following objects or purposes, that is to say-

I, To cut, dig, and take away any live or dead timber, gravel, stone, limes tone, salt, guano, manure, shell, seaweed, sand, loam, and clay, or other earth:

11. For fishermen's residences and dryiug grounds:

I Ir, For mannf actories, fellmongering establishments, slaughter-

houses, brick or lime kilns, or sawmills:

IV. For any of the purposes for which leases may be granted

under this part of this Act:

v, For any other purpose approved by the Minister.

~onditionsoflioences. 82, Ewry licence issuetl under this part of this Act shall bear the date on which it was issued, and shall continue in force for a period not exceeding orle year from such date, and shall be subject to the payment of such fee, and to such restrictions, limitations, and conditions, as the Minister shall think fit to impose.

Minister may limit 83. Notwithstanding anything hereinbefore contained, the

licences.	Minister may, by notice in the Gazettt, declale that no person, even although he be duly licensed or otherwise authorised, shall cut, dig, OS remove livc or dead timber, or any particnlar description of timber, or bark, stone, gravel, sand, loam, clay, or other earth from such portions
of the Crown lands, or dedicated of reserved lands, or lands leased for pastoral purposes, as may be described in such notice, or shall exercise on any such lands the powers or any of them conferred by
any such licence granted under the authority of this part of this Act ; and if, after the publication of any such notice as aforesaid, any licencee or person otherwise authorised shall commit any act in contraven- tion of such notice, such licence or other authority shall be void.

Pearling licences may 84. The Minister may also grant licences to fish for pearls,

be granted. pearl shell, and trepung, within the waters of the Northern Territory, for such period, and upon such terms and conditions, as may be prescribed by the regulations.

PART

53' & 54" VICTORIA$ No. 501.

The Northern Territory Crown Lands Act.-1 890.

PART VII. Pasr VII.

MISCELLANEOUS PROVISIONS.

85. The Minister may cause any auctions under this Act to be held at such times and places as he shall think fit, and may auctions. appoint any person to prcsideat and regulate any such auction: pro- vided that no such auction shall be held until the time and place thereof, and what lands are intended to be offered thereat, shall have been notified with all practicable certainty by notice in the Gazette for the time and in manner provided for the purpose by this Act, and where no time is expressly fixed by this Act, for not less than one nor mol-c than three months before the day for holding such auction. ;;;;: P in"

86, Any person authorised by the Minister may conduct sales P ~ ~ ~ n a u t h a r i s e a may conduct auction

by auction under this Act wit.hout having an auctioneer's licence, ,	w	l	,	~~t	licence.
or incurring on that account any penalty.

87, The Minister may at any time, either permanently or ~snde m y b e with-

temporarily, withdraw any Crown lands or other lands vested i n ~ ~ ", ~ ~, " ~ l e c t i o n t

the Crown from selection, sale, or lease.

88, The Minister, notwithstanding anything in this Act Exception of mineral

contained, may decline to accede to any application for lease or lan".

purchase on credit, or for cash, of any Crow11 lands known or

supposed to contain gold, silver, copper, tin, or other valuable

mineral, or any coal or mineral oil, or which it may be deemed

desirable to reserve for puhlic purposes.

89, The care, control, and management of all lands reserved or Miniater to have care and control of

dedicated by the Governor for or to any public purpose shall, in thc ,d

interim between the reservation or dedication of such lands, and dedicatedlanda. until the same shall be granted in fee, be vcetcd in the Minister, and such lands shall, cluriitg such interim, be deemed (except for the purpose of sale or leasing) to be Crown lands: Provided that nothing h ~ r e i n contained shall affect any lands the care, control. PrOviEO-

and management of which shall have becn or shall hereafter be

placed under a Municipal Corporation or District Council.

90, All lands under the surface of a'ny street, road, highway, or Power to mine under roads and rewmee.

reserve, now or hereafter dedicated to or reserved for any public

and the fee-simple whereof shall not have been &nated

from the Crown, shall, for the purpose of mining, as well for gold as for other metals and minerals, and for the purposes of all Acts relating to miaing, be deemed to be Crown lands, and ma'y be dealt with accordingly; subject to any regulations for the time being in force for protecting the public user of such land in terms of the dedication or reservation, and for pro- viding for protection to persons and property, and for securing to any person who, for the time being, shall have the right of mining on any property intersected by or abutting on any such lands, not being a reserve, a preferential right of mining in respect of the

lands intersecting or abutting on such property. 91. From

53'' & 54" VICTORIE, No. 501.

The .Northern Twritory Crown Lands Act.- 1 890.

A lication of

"Rn'ingbct' 91, From and after the coming into operation of this Act the

: provisions of the Fencing Act, 1865," shall apply to all freehold

lands, lands under agreement, and to all lands leased under the Crown Lands Acts. And in the application of the said Fencing Act,

1865," the word "fence" therein s l d mean any fence ordinarily

sufficient or capable to resist the trespass of cattle or sheep.

Rent, how deter-	92, I n fixing rent by valuation for leases with right of pur- chase, perpetual leases, or pastoral leases, regard shall be had to capacity of the land for agriculture, growth of tropical plants, capa- city for depasturing stock, its proximity and facilities of approach to railway stations, ports, rivers, and towns, and other circumstances of situation affecting its value, but irrespective of the value of the
mined.
improvements which the lessee in possession shall havc made or paid
for.

Xecavery of rent. 93, The rent reserved by any lease, granted under the authority

of this Act, may bc levied or recovered by or under the authority of the Minister in like manner as any rent or fine is, or shall be, levi- able or recoverable by law in cases where Her Majesty's subjects only are concerned; and in case such rent shall be levied by distress, an order under the hand of the Minister shall be a sufficient war- rant and authority to distrain, any law or enactment to the contrary notwithstanding.

Penalties on non-

payment of rent. 94, If the rent or any other sum payable under any lease granted

under the authority of this Act, or under any lease granted previously to the passing of this Act, is not paid on or before the day ailpointed for payment thereof, a penalty of five per centum shall be added to such rent; and if the said rent or sum be not paid within three of months after such day, together with such penalty,a further penalty ten per centurn shall be added; and if the said rent and such penalties be not paid within one month aftcr such three months, the same shall be recoverable by the Minist,er by action in his own name in any Court of .competen t jurisdiction: Provided that thc Minister may

waive such penalties should he think fit.

AH Crown leases to 95, In every case where the rent of any lands heretofore or

be forfeited if rent in

arrear for six hereafter held under lease shall be unpaid and in arrear for more

months or covenants than six months after the day on which the rent is payable under broken,

such lease, and in every case where the Minister shall be satisfied that there has been a breach of any of the covenants or conditions contained in or implied by any such lease, or that any such lease is liable to forfeiture, it shall be lawful for the Governor to cancel such lease, and the Minister may thereupon insert a notice in the Gazette declaring such lease to be forfeited; and every such notice shall be taken to be conclusive evidence that the lease therein mentioned was legally cancelled and forfeited, and the land ja- cluded- therein may be dealt with in all respects as if such lease

Proviso. had never been granted: Provided that no ncw lease of the land included in a lease so forfeited shall be granted before the new lease has been offered for sale to the highest bidder at public auction.

4x9. It

53O & 54' VICTORIW, 50. 501. 23

T h e Northern Territory Crown Lands Act.-1890.

-- A- --

96. I t shall be lawful for any person authorised thereunto by PART vlr.

the Minister to take possession, on behalf of the Crown, of all Crown POWW to fo&bly

lands or other lands in the Northern Territory vested in the Crown d r o w lands.

e'ect persons from

of which any person s M l be in unauthorised possession or occu-

pation, and forcibly to eject every such person thercfrom.

forunauao-

97. Any person who shall unlawfully occupy any Crown lands rised occupation of

or other lands in the Northern Territory vested in the Crown, c,,,,

l,&.

either by residing or by erecting any building or hut thereon, or by clearing, enclosing, or cultivating any part thereof, shall be liable on conviction to the penalticsfollowing, that is to say-For the first offence, a sum not exceeding Ten Pounds; for the second offence, a sum not less than Tcn Pounds nor more than Twent,y Pounds; for the third or any subsequent offence, a sum not less than Twenty Pounds nor more than Fifty Poonds: Providcd always that no Provim

information shall be laid for any second or subsequent offence until the expiration of fourteen clear days from the date of the previous conviction.

98. No person who shall fail to complete his application for ~ffectofneglect of

firat applicant to corn

any land under this ,4ct in accordance with the regulations shall plete.

be deemed the first applicant for such land, and the land may be

dealt with as if such application lm4 never been made.

$39. All unbranded wild horses and horned cattle above the age of

twelve months which shall at any time be running or feeding on any Crown.

Crown lands, and whichshall havk no reputed or acparent olvner, shall

zl;;a;,";A;Edthe

be the property of the Crown; and it shall be lawful for the Minister to

cause the same to be sold and disposed of by public auction, or by tender, so that the object, time, and place of such auction, or the time up to which such tender is to be made, shall be notified i n the Gazette ak least one month next preceding the time of or for such auction or tender; and the purchaser of such cattle, on obtaining the written authority of thc Minister for that purpose,

shall be at liberty within two months next after the date of such

authority, or such further term as the Minister may in writing

allow, with necessary and proper assistance, to take possession of such cattle, and for thst purpose to enter upon the Crown lands where the same may be.

100, The Governor may, from time to time, make regulations Regulation8 may be

for any of the purposes rnentiorled in or authorised by this Act, and for providing for all proceedings, valuations, grants, leases, licences, and instruments; for the execution of all matters and things arising under and consistent with this Act, and not herein expressly pro- vided for; for fixing fees; and for otherwise fully and effec- tually carrying out and giving force and effect to the various objects, purposes, powers, and authorities of this Act, and guard- ing against evasions and violations thereof; and may by such regulations impose penalties, not exceeding for any one offence Twenty Pounds, for any breach, or evasion, or violation thereof; and

may

53' & 54" VICTORIE, No. 501.

The No~thern Territory Crown Lands Act.-1690.

PAST VIE. may from time to time alter, rescind, vary, and amend such regula- tions, or any of them, and make other regulations in lieu thereof for more fully and effectually carrying out and giving effect to this Act. Any such regulations may be made to apply generally to the Northern Territory, or to any district or districts only, and in respect of holdings, claims, leases, or licences of every class, or of any particular claw or classes only.

Beguhtiona to be kid 101, Every r e ~ l n t i o n made by the Governor under the

Puliament. authority of this Act shall, when published in the Gazette, have the force of l a w; but every such regulation shall be laid before Parliament within fourteen days after the publication thereof if Parliament be then sitting, and if Pnrliament be not then sitting, within fourteen days from its next sitting for the dispatch of business.

Asiatic aliennot en- 102. No Asiatic alien shall be entitled to acquire the fee

" "quire

simple of land. simple of any land in the Northern Territory.

PART VXII, PART VIII.

TRESPASS, PENALTIES, AND LEGAL PROCEDUBK.

Power to impound 103. If any cattle shall be found unlawfully trespassing upon

catt1etre*ming9md

any Crown lands, or lands reserved for or dedicated to the public

to destroy pigs.

use, i t shali be lawful for any pcrson authorised by the Minister in that behalf, either generally or in that particular case, to impound the cattle so trespassing to be dealt with according to law. And

all pigs trespassing on any Crown lands, or reserved or dedicated

lands, may be destroyed by any person authorised in that behalf,

without compensation to the owner.

penalty for unla W . 104. Whosoever shall depasture any cattle upon any Crown

f*de~tuling. lands, or upon any lands reserved for or dedicated to the public use, without having obtained a valid licence or other lawful authority in that behalf, or shall depasture on any such lands a greater number of cattle than shall be authorised by such licence or authority, shall forfeit and pay, on conviction, the following penalties, that is to say-For the first offence, a sum not exceeding Five Pounds; for the second offence, a sum not less than Five Pounds nor more than Ten Pounds; and for the third and any subsequent offence, a sum not less than Twenty Pounds nor more than One Hundred Pounds; and, in addition thereto, for each offence, a sum not exceeding Threepence per head for every head of sheep or pigs, and One Shilling and Sixpence for every head of other cattle so unlawfully depastured.

I n i ~ n or 105, Whosoever shall wilfully deface, injure, destroy, or, with-

p,dm*'%,.	out the leave of the Minister, or some person authorised to grant
such leave, remove any aurvey-picket or other landmark, placed,

erected,

53' & 54O VICTORIA?, No. 501.

The Northern Territory Crown Lands Act, -1890.

erected, or being on Crown lands, or other lands vested in the	PART vIr*.
Crown, shall, OH conviction for every such offence, forfeit and pay
a penalty of not less than Ten Pounds and not more than Fifty
Pounds.

106, Any person who shall injure, fell, bark, or destroy any Penaltietl for m-

tree or sapling growing on any Crown lands, or on other lands ~ ~ $ ~ ~ t ~ ~ ~, ;. ". ~

vested in the Crown, and not subiect to any right of or con-

tract f o r purchase; 'or who shall cut, saw, remo<e, or sell any timber lying or being on any such lands, withont a valid licence or other lawful authority in that behalf; and any person who shall unlawfully remove and take away, or sever, excavate, quarry, or dig for, with intent to remove and take away, any metal, or ore containing metal, or any stone. sand. gravcl, or other material from any such lands, without a valid licence or other lawful authority in that behalf; and any person who shall fish for pearls, pearl shells, or trepang i n the waters of the Northern Territory without a valid licence or other lawful authority i n that behalf, shall, on conviction, for every such offence, forfeit bnd pay, in addition to the value of the tree, sapling, timber, metal, or other material, or thing, a penalty of not more than Twenty Pounds, or be imprisoned with or with- out hard labor for any period not exceeding two months: and it shall be la*lvf'ul for any person authorised hy the Minister, or for any police constable, to apprehend any person found conlmitting any offence against this section, and forthwith to take such person before any neighboring Justice of the Peace to be dealt with according to law.

107. All proceedings under this Act may be had and taken, and Recovevof penaltie8

all penalties, fines, forf~itures, and sums of money incurred or imposed or payable under this Act, may be sued for and recovered at the suit of the Minister, or such officer as he from time to time

may in that behalf appoint.

108. In any action, suit, or proceeding under t h i ~ Act, the aver- O"""r"andi.

mcnt that any lands are Crown lands, dedicated land, reserved land, or other lands vested in the Crown, or that any person is authorised to take any proceedings, to do any act or perform any duty, or sue for the recovery of any penalties or other moneys under this Act, shall be sufficient without proof of such fact, unless the defendant prove the contrary; and if any question shall arise whether the defendant was authorised to do the act complained of, the proof thereof shall lie upon such defendant; and all licences, certifi- cates, maps, plans, and copies, purporting to be certified ae true under the hand of the senior surveyor or proper officer in charge

of the land office at Palmerston shall, in all matters relating to such

action, suit, or proceeding, be sufficient evidence without production of original records, and without the personal attendance of such officers, or proof of their signatures.

109. All actions for anything done under this Act shall be corn- ~mtection of wmna

menced within six months after the cause of action shall have arisen, this Act. acting in execution of

11-60 1. and

53' & 54' VICTORIAZ, No. 501.

The Northern Territory Crown Lands Act.-1890.

PART

and not afterwards; and notice in writing of such action, and the cause thereof, shall be given to the defendant one month at least before the cornrnencenlent of the action; and in every such action the defendant may plead the general issue, and give this Act and the,special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before action brought, or if a sufficient sum of' money shall have been paid into Court, by or on behalf of the defendant, after action brought, together with the costs incurred u p to that time.

S-aq procedure. 110, All proceedings for the recovery of any pecuniary penalty

by this ,4ct imposed for any omissions, defaults, acts, or offences shall be had and taken, and may be heard and determined in a summary way, by any Special Magistrate or two Justices of the Peace of the said province, under the pro~isions of Act NO. 6 of 18f 0, '' The Justices Procedure Amendment Act, 1883-4," or of any other Act for the time being in force relating to the duties of Justices of the Peace with resl~ect to summary convictions and orders, and all convictions and ordcrs rnit,y be enforced as in such Act is or shall be provided; and the Special Magistrate or Justices of the Peace may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.

Appeal.

111, There shall be an appeal fro111 any convictioil by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, which appeal shall be to the Local Court of Full Jurisdiction nearest to the place where such conviction or order was made, and the proceedings on such appeal shall be conducted in manner provided fur appeals to Local Courts by the said Act, No. 6 of 1850, or any Act for the time being in force ~ g u l a t i n g such appeals; and the Locnl Court hearing

such appeal may tnake such ordez CLS to the payment of the costs of

appeal as it shall think fit, although such costs may exceed Ten

Pounds.

L O C ~ court may 112, The Local Court, upun the hearing of any appeal, may

etate special case.

skate one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to the cost of any special case as to the said Court shall appear just; and the Local Court shall make an order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof, which order of the said Local Court shall be enforced in manner provided for the

enforcement of orders of:Justices under the said Act, No. 6 of 1850,

or under any other Act relating to the duties of Justices of the

Peace.

53" & 54O VICTORIW, No. 501.

The Northern Territory Crown Lands Act.-1890.

113. The publication or notification, under the authority of the vltl-

Government Resident of the Northern Territory, in any news- Publiatiaoninnewr paper published and circulating in the said Territory, of any infor- !z%"N;Cz

mation, matter, or thing, by any act, ordinance, statute, law, row

regulation, custom, or usage, directed or required to be published nationinQw*@.

or notified in the Government Gazette, shall, within the said Territory,

be of the same force and effect as a publication or notification in

the Government Gnzette; and shall, so far as affects any rights or

liabilities accrued or incurred within the said Territory, be and be

deemed for all purposes a full and complete compliance with the

act, ordinance, statute, law, regulation, custom, or usage, directing

91- requiring such publication or notification.

in any such newspaper, or who shall be party or privy to the bed publication. 114, Any person who shall pllblish, or causes to be published, Penaltyfoxunautho-

publication in any such newspaper, of any notice purporting to be authorised by the Government Resident, which has not been duly authorised by the said Government Resident, shall, on conviction, be liable to a penalty of not more than One Hundred Pounds for every such offence, or to be inlprisoued for any period not exceeding six months.

115, The productior~ of the Gnzette, in which shdl be published Gwtta tobe evidence

any Proclamation, regulation, or notice, purporting to be made or g i ~ e n under this Act, or of any such newspaper as aforesaid con- taining any publication or notification purporting to be published or notified under the authority of the Government Resident, shall be deemed and taken to be primcl facie evidence in all Courts and before all Justices that such Proclamation, regulation, notice, publi- cation, 0 2 notification was duly made or given, and is cf Sdl force

and effect,

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCHEDULES.

VICTORIA?, No.

The Northenz Territory Crown Lands Act.- l8W.

SCHEDULES.

p-

FIRST SCHEDULE.

Number of Act. Title of Act.

No. 9 of 1853 , n Act to regulate the occupation of Crown Lands in South Australia.

No. 6 of 1857-8 ~n Act for regulating thc sale and other disposal of Waste Laada belonging

to the Crown in South Australia.

No. 18 of 1868	in Act to amend '' The Waste Lands Act."
No. 20 of 1858	in Act for an Assessment on Stock, and for other purposes therein men-

tioned.

No. 13 of 1859 In Act to provide for the definition of hoimclaries of runs and the survey of

limds for mineral purposes by means of licensod surveyors.

No. 7 of 1861 i n Act to amend a n Act No. 20 of 22nd Victoria, intituled " An Act for

an Assessment on Stock, and for 0 t h yurpoaca therein mentioned."

No. 16 of 1862 I n Act to provide for an appeal aiainst Assessments of the Waste Lands of

the Crown leased for pastoral purposes,

No. 17 of 1862 i n Act to provide for the future appropriation of proceeds of the Waste

Lands of the Crown in the Province of South Australia.

No. 22 of 1862 i n Act to f~rrther amend an Act NO. 20 of 22nd Victoria, intituled &'An

Act for un A~sessment on Stock, and for other purposes therein men- tioned."

KO. 13 of 1863 h Act to provide for the reduction of the Assessment of certain Pastoral Lands.

No. 2 of 1864 An Act to enable the Governor to lease for mineral purposcs land, the pro-

perty of tho Government, not being Waste Lands of the Crown.

No. 8 of 1864	An Act to authorise certain reductions in the valuation8 of runs under the Act intituled "An Act for a n Assessment on Stock, and for other pur- poses therein mentioned," and to provide for the compensation for im- provements to be allowed on resumption to lessees of pastoral lands under renewed leases.
No. 22 of 1864	An Act to extend the terms of certain leases of the Waste Lands of the Crown for pastoral purposes, and to make provision for payment in certain cases for improvements effected on lands comprised in leases grafited for re- newed te rns under the Act No. 20 of 1858, intituled " An Act for an

Assessment on Stock, and for other purposes therein mentioned."

No. 8 of 1866-6 An Act to amend Act No. 18 of 1858, intituled "An Act to amend The

Waste Landa Act.' "

No. 16 of 1866-6 An Act to amend the Laws relating to the leasing of Waste J a n d s of the

Crown within the Province of South Australia for pastoral purposes.

No. 23 of 1867 An Act to repeal " The Mineral Leases Act, 1862," and to make other pro- visions for the leasing and occupation of the Waste Lands of the Crown

in the Province of South Australia for mineral purposes.

NO. 13 of 1868-9 An Act to amend The Waste Lands Amendment Act, 1867."

No. 14 of 1868-9 An Act to further amend " The Waste Lands Act."

FIRST

53' & 54O V I C T O R I E, No. 501.

The Northern Territory Crown Lands Act.-1890.

FIRST S C H E D U L b o n t i n u e d.

Number of Act. Title of Act.

No. 4 of 1869-70	/ An Act to amend "The Warte Lands Amendment Act, 1868-9."
No. I? of 1869-10	' An Act to amend the l a m relating to the icaaing for Faatoral Purposea of

certain of the Waste Lands of the Crown in the Province of South

Australia, and for other purposes.

No. 26 of 1870-71 I An Act to amend the Laws relating to Gold Mining, and for other purpoasa.

No. 27 of 1870-7 1 An Act to further amend " The Waste Lands Amendment Act, 1868-9."

No. 18 of 1872 An Act to regulate the Alienation and Sale of the Waste Lands of the Crown.

SECOND SCHEDULE.

Application to Surrender Lease held under Part H. of " The Northern Territory

Crown Lands Act, 1890."

To the Minister having the control of

the Northern Territory:

Sir-Take notice that, under Part 11. of " The Northern Territory Crown Lands

Act, 1890," 1, the undersigned, do hereby surrender my lease, No.	of
[here describe the land comprised an the lease].

Dated this day of 18

f Signature.)

/ Occupation.)

f Address.)

THIRD SCHEDULE.

Notice of intention to revoke Lease of Land upon Credit.

To of the lessor of

Section No. situated in by virtue of a lease under "The Northern Territory Crown Lands Act, 1890," dated the

day of 18

Take notice that I, , the Minister having

the control of the Northern Territory, am satisfied that you, the above-named

, (have been guilty of fraud under the above Act, or have

violated or failed to perform the conditions or obligations contained i n the above- mentioned lease, or imposed by the above Act), inasmuch as you have (or have not) within the terms and meaning of such lease (or of the said Act), and the regulatione in that behalf duly made [sfate nature of the frand, or breach of coditions or 06- ligations complained of3: And further take notice that, during the two months following the publication hereof in thc Gazette, you are at liberty to furnish to me any documentary evidence that (you have not been guilty of the fraud, or that you have not violated or failed to perform the conditions or obligations) as above- mentioned, as to which the burden of proof is upon you: And further take notice, if you furnish no such evidence, or if the evidence furnished by you fails to prove to my satisfaction that you have not (been gttilty of the above-mentioned fraud, or violated or failed to perform the above-mentioned conditions or obligations), it will be lawful for me to revoke the said lease, and resume possession of the landa therein described after the expiration of two months from the publication hereof in the said

Gazette. Dated this day of 18 .

. . .. . ,. .. .. .. .. .The Minister having the control of the Northern Territory.

E-601. FOURTH

VICTORIA?, No.

The Northern Territory Crown Lands Act.-1890.

FOURTH SCHEDULE.

Application for Lease of Land for Growing Agricultural Products, under Part IV.

of " The Northern Territory Crown Lands Act, 1890."

To , the Minister having the co~ltrol of

the Northern Territory:

Sir-I the undersigned do hereby, under Part IY. of

"The Northern Territory Crown Lands Act, 1890," apply for a lease of the following

country lands, viz.:-[here describe the land so as to idesztvy i t ], containing

acres or thereabouts, and I herewith deposit the sum of

as and for the first year's rent in advance; and I undertake, whenever required by

notice in the Ganelte so to do, to execute a lease containing the terms, covenants,

stipulationsl, and conditions provided by the mid Act, or the regulations there-

under.

Dated this day of 18 .

f Signature.)

/Occupation.)

( A d d r e s s. )

[NOTE.-If the lands applied for are nnsurveyed, the applicant muet mark upon the ground the

situation thereof in manner prescribed by the regulations, and also pay the estimated cost of the

survey . ]

FIFTH SCHEDULE. .

Commencing at the intersection of the fourteenth parallel of south latitude with the western boundary of the Northern Territory; thence due east to the intersection of the said fourteenth parallel of latitude with the eastern boundary of the said province.

, _ _- - _

-- -v- --p- .-

Adelaide : By authority, C. E. BRIBTOW, Government Printer, North-tamee.