NT Land Act 1899 (SA)

ANNO SEXAGESIMO SECUNDO ET SEXAGESIMO

TERTIO

No. 722.

An Act to amend the Northern Territory Land Laws.

[Assea k d to, Novem k r 22nd, 1899.1

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

B tralia, with the advice and consent of the Parliament of South Australia, as follows;

PART I. PART I.

PKELTMTNARY.

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

Territory Land Act, 1899," and, except so far as inconsistent incO1~OratiO".

A-722

therewith, shall bc incorporated and read as one with "The Nor them 'l'erritory Crown Lands Act, 1890," hereinafter called

" the principal L4ct."

2, This Act is divided into Parts, as follows :- Division.

PART I.-Preliminary:

Y ART T I,-The Granting of Pastoral Leases:

(a ) Applications for 1,eases:

( b ) Sa,les by Auction:

(c) Successful Applicants:

PART X I 1.-'Ternis and Conditions of Leases:

PART v.-Occupation by Outgoing Lessee and Possession by

Incoming Lessee: PART V I,

2 62' & 663 VICTORIE, No. 722.

The Northern Territory Land Act,-1899.

' v I S u r r e n d e r of f orrner. Pastoral Leases f o-P Leases

under this Act:

Y A ET IX.-Tenants'	Relief Boitrd :
PART X.-Annual	Leases and Commonage Licences.

Interpretation. 3. I n this Act, cxccpt wherc the subject or context reqniires

a different construction-

See 65 of 685193.	"Improvcincnts " inearls and includes well S, reservoirs, tanks, or dams, of c2 permanclit character, available for the use of cattle or silccp, and which irlcruase the stock-carrying capacity of the land, or substantial buildings, rcrmin-proof or other fences, huts or sheds erected for residence, shearing, or other purposes, usually required for, or in connection with, keeping live stock:
" Outgoing lessee " means a person whose pastoral lease is about

to expire, o r has recently expired, w1u:ther	such lease was
granted under this or ally other Act:

" Pastoral lands " coinprises all Crown lands in the. Northern Territory not included in any hundred, and also all lands in the Northern 'l'erritory vested in the C ~ O W I I, and subject to any pastoral lease at the passing of this Act:

C C Pastoral leasc " means a lease of pastoral lands, whctE1~1. granted

under this or any other Act:

Prescribed " incans prcscribeil by this Act or any rcgulntions

under this Act:

" Proclamation " rnenns Proclnmatio~l by the Governor in the

Gazette :

" Run " means tllc land cornplkd in any lease under this Act, and also contiguous lands, or lands worked togctlicr as one run, allthough not contiguous, comprised in two or more leases under this Act held by the same lessee.

Ratea and taxes. 4. No express covenant for payment of rates i ~ l l d taxes shall

hcrcaftcr bc inserted. in any Crown lcasc; but this Act shall not

Act 669 of 189G.

relieve any lessee from an?; liability far payment of rates and taxes irnposcd or to bc imposed by or undcr thc authority of any Act imposing gener a1 taxation.

Repeal.

5. Sections 59 to 76, both inclusive, of the principal Act, and

section 5 of the Nl'ortllern Territory Crowxi Lands hrnendmcnt Act,

1896, are hc.~*&p repealed; but this repeal shall not :~ffect any right,

interest,

62' & 63' VICTOIIIW, NO. '722.

- - - - - -- . A"-

The Northern Territory Land Act.-1899.

intcrcst, or liability alrctldy created, incurred, or existing, nor any-	pan^ I.
thing lawhlly clone or snffered under any enactment hereby repealed; and any lwoweding ill rcspert of :my such rigllt, interest, or liability may bc carried on as if this Act had not been passed.

6. Section $12 of thc p r i ~ ~ i p a l Act shall not apply to m y lands 92 501190

not to apply.

leased 1~ursuant to this Act, nor to any leases issucd under this Act.

PART 11. 'v ' PART 11,

THE GRANTING OF PASrl'ORAL LEASES.

7. The Governor may grant pastoral leases of pastoral lands, Governor'spowers-

but shall not hereafter grant any such lease except in marmer See 5 of 585193.

providcd by this Act, or for the purpose of giving cffcct to any

right which may be existing at the-passing of this Act.

8. Pastoral leascs shall be grs~ntcd up011 application, as hcrein- Timsesy how grunted.

af ter provided.

9. Leases of pastoral lands msLy bc granted to the first applicant T0fi~stap~licant8in certain cases.

for the same. Simultaneous application may be decided by lot. See 59 of 601igo.

Applications jbr Lenses,

10, Applications for leases shall be made to the Minister in the Applications) how made.

form and in manlier prescribed.

11. Each application shall be accompanied by- Deposit.

( a ) A deposit equal to twenty-five pcr centum of the rent for see 26 of e e w.

thc first year at the rate notified in the Gazette, or, if

there has been no such notification, theil at the rate

off wed by the applicant:

( h ) A drposit equal to five per crntum of the piice to be paid 642/g5*

for the impsovemcnts if the property of thc Crown (if any) as notified in the Gazette. If the implovements are not the property of the (hewn the deposit shall be ten pcr celltun-1.

12. No pastoral lcasc shall 1)e granted until two months after Notice of intention to

notice of the intention to offer the same for application shall have

been pu1)lislled in tlrr	Gai~tte. ,	See 62 and 72 of
501/90.

13. In addition to any other particulars the Minister may think Particulars be

mentioned in notice.

ncccssary, thc notice shall specify tlre area and situation of the land,

the term, the annual rent, the price to bc paid for the improve- S,, 23 of strspa.

ments (if any), and to whom the same is to be paid, the cost of

valuation (if any), tho dotc up to which and the place at which

application S

62O & 63' VICTOKIW, No. 722.

The Northern Territory Land Act.--1899.

lJam 11.

applications are to be lodged, and, generally, the terms and con-

ditions of the lease.

Lands may be with- 14, The Minister may, by notice in the Gmet/e, withdraw any

dr"nfrOmlelBing.

lands from application and may subseqnmtly, by notice in the

Sec 24 of 686193.

Gazette, again declare the same, or any part thereof, open for appli-

cation.

Leases unsucceasfull~

offered may bc re- 15, If any lease gazetted for application shall not be applied for

atreduced the Minister may, from time to time, at intervals of not less than

rates.	three months, re-gazette the same at such reduced rent and yedizccd price for improvements, or at such reduced rent or reduced pricc
for improvements, as he shall think fit: Provided that-

See 25 of 685/93, 16 r. If the improvements belong to the outgoing lessee the price

and 21 of 642J95, and

7 1 of hol/go.	for them shall not, except in the case of loss, decay, or other depreciation, be reduced until the annual rent has been reduced to the extent of fifty per centum, after which thc rent and price for improvements shall he reduccd
See G of 669/96.	proportionally: Provided that if the improvements belong to the lessee, the price of such improvcmcnts shall not, cxcept in case of depreciation, be rcducecl until twenty- one days' notice in writing shall have hcen given by the Minister to the outgoing lessee of an intent to make such reductions, aml particulars thereof; and the outgoing lessee may, within twenty-one days after receiving s~ich
notice in manner prescribed, appeal to thc Tenants' Relief Board to fix the amount of rent and price for improve- ments, and the provisions relating to the appointment of, and othcrwise as to thc Tmants' Relief Board, shall apply hereunder as far as the same are applicable; aid it shall be lawful for such Board to rednce or increase such rent or price for improvements to such an extent as they think

fit; and until the determination of such Board is certified to the Minister and by him notified to the agpellailt

lessee. the Minister shall pnstponc offering such lands for

lcasing; and the dcterminntion of s ~ ~ c h Board when so certificd shall be acted on by the Minister: Provided that after the rent and price for improvements are once

fixed by the Tenants' Relief Board, no further appcal

shall be allowed, and without the conscnt of the outgoing lessee the price for improvements, except for depreciation, shall only be reduced when the rent is reduced propor

tionzttely:

11. The annual rent shall not in any case be reduced below the

rates prescribed by section 30.

After unsuccessful 16, I n the interval between an unsuccessful offer and any sub-

sequent offer the Governor may grant the lease unsuccrssfully

Offcrleraemaybe

granted on same

terms.	offered to any person willing to take trhe same upon the samc terms
see 7 1 of 5 W 0,	and conditions upon which it had been so gazetted.

St~ccessful

62O & 63' VICTORIA!, No. 722.

me Northern Territory Land Act.-1899.

.

PART 11.

Xuccessfu E Applicants.

be

17. No application shall necessarily be accepted, and any appli- Applications rejected.

cation may be rejected. See 31 of 5%/93.

18. Notice of the namcs of the successful applicants, together Notice of successful

with particulars of the lands to be leased to them and the rents and ,,tted. applicants to be

pricc to be paid for improvements (if any), and any other particulars

the Minister may think necessary, shall be published in the Gazette. see 329 ib-

8ll moneys deposited by any unsuccessful applicant shall be paid

to him within twentyone days from the time of his application being

rejected.

19. Unless otherwise provided by any conditions under which sucoesafu1applicants to execute lease and

the lease may have been granted, every successful applicant whose make payment.

name shall be so gazetted as aforesaid shall, within one month

after the first publication of such notice and in the manner pre- see 3 3 9 ib.

scribed, pay the balance of the first year's rent, and, subject to

sections 38 and 40, the purchase-money for the improvements (if

any), and shall execute the lease within the time and in manner

prescribed.

pay or arrange for the payment of the balance of the purchasc- compliance. 20. Tf any successful applicant fails to execute the lease, or to Forfeiture for non-

money of the improvements within the time and in manner pre- see 34, ib.

scribed, 'he shall forfeit to the Minister hi.: deposit and all other cf. 10 of 642195.

moneys paid by him in respect of the land applied for or the im-

provements thereon, and all right to a lease of the lands, without

prejudice nevertheless to any other rights or remedies the Crown

or the Minister may have against him by reason of such non-

compliance.

21. The moneys so forfeited, less all proper deductions, shall be $t",F;f;;;f

retained by the Minister or paid over to the outgoing lessee, as the

case may be, in the same manner in all respects as the purchase- see 11 0fsa2p.i.

money of the improvements would have been retained or paid over

if the applicant had duly completed the purchase.

22. The successful applicant shall not be entitled to have the Payment of rent and

lease executcd by the Governor until payment of the first year's of purchase-money to

rent and the purchase-money for the improvements (if any), unless, lease bp Governor.

as regards improvements the propcrty of the ~ r o w n; he idall have

obtained the consent of the Minister for ~ a v m e n t bv instal- See 35 of 585/93. L .' J

ments; or7 as regards improvements the property of the outgoing lessee, a mutual agreement shall have been entered in to as herein- after provided.

PART 111. YABT 111.

TERMS AND CONDITIONS O F LEASES.

23. The term of any pstoral lease to be granted under this Act Duration of leaas.

shall not exceed forty-tko years. 24. Every see 70 of S O V ~ O.

62' & 63' VICTORIA?, No. 722.

The Northern Tevritory Land Act-2899.

PART m. 24, Every pastoral lease shall contain the covenants, exceptions,

- - --

genenl reservations, and provisions mentioned in Schedule A to this Act,

conditions.

subject to any modifications or additions stated in the conditions of

see 37 of 585/93,

opening the lands for leasing or required by the 3linister for giving

altered.

effect to this Act; and. everv such lease shall be prepalwl by the

see 6o of 5W*.

Minister in such form as he shall approve or as may be prescribed.

be utilised to best

Surface of land may

25, KO lease grauted under this Act shall authorise the lessee to carry on mining operations of any description whatsoever upon thr! land leased, or any part thereof, but the lessee shall be at liberty to

advsntage.

flee 38of 685193.

utilise the surface of the land, or any part thereof, for pastoral

purposes, or for any purposes he thinks fit.

Right"or~lantiog

and cultivation.

28. If the lessee shall plant and cultivate any of thc tropical

plants mentioncc1 in section 54 of the principal t14ct, or allowed

CW.

t hereunder: or shall plmt and rnaintainSany p lmta t ik of forcst I hints approved of by the Minister, he shall be entitled to a prcfe-

l' teqtial right to a p p t t u a l lease at a fixed rental, subjcct to a land

t ax of the land so planted, cultivated, and maintained, at a rent to bc

f ixed by the Minister: Provided that if the lessee and the Minister

c lo not agree as to the rent it shall be fixed by ~duatioxi: Provided

8	dso that no lessee shall be entitled to obtain n perpetual lensr of
r	nore than 3,000 acres of land.

Minbtermsgcxt0nd

time for stocking.

27. The Minister Inay extend the time for stocking the land comprised in any pastoral lcase if satisfied that bonci3de effm ts have

P& of 501/90. been made to improve or stook such land.

Lessee may be re-

leeaed from liability 28, A lessee may be released by the Ministcr from his liability

to repair. to rel~nir improvements upon the land lcascd which have ceased to

be of: substantial value td the l ~ n d if he shall make other improve-

cf. l h of 642/95.	ments in lieu thereof to the satisfaction of the Minister.
for artesian wells.

Remission of rent 29. If any lessee shall, except on a reserve, malio an artesian

well upon his pastoral lcase yielding a snpply of not less than ten

fiee 20 of ~~t thousand gallons of good stock water per diem, he shall bc entitled

642195r and 9 of	to a rcrnission of rent in rcspect of	such pastoral lease equal to two
669/98.

and a half per centum on the cost of such artesian well for a period of ten years after the completion of the well; the cost of the wdl to include sinking and tubing only: Provided that the remission shall only be allowed during the time thc artesiarl well coiltinues to supply the quantity and quality of water herein stated: Provided also that the remission of rent shall not apply to any artesian well situated within ten miles of an existclit well for which a rcrnission is granted or of a permanent water on the same run.

Rents.

Minimum rentals. 30. Su1)ject to section 62 of this *4ct the annual rents at which

pastoral leases shall be granted shall be not less than Six Pencc per

Bee 59 of 601/90. square mile for the first period of seven years of the lease, not less

than

62' & 63' VICTORIfi, No. 722.

The Northern Territory L a d Act.-1 899.

PART 111. -.-

than One Shilling per square mile for the second period of seven

years, not lcss than '~ 'WO Shillings per square mile for the third period See clauses 68, &c,,

of wren years, and for the remainder of the term such an amount per	585/$?3,
square wile as shall be fixed by valuation made at the instance of tlie Minister within the first six months of the twenty-first year of the term of the lease. But the rent so to be fixed by valuation shall not be more than fifty per centum above or below the rate payable during such twenty-first year.

31. I n fixing the rent of slay pastoral land, whether by valuation Principles of fixing rent.

or otherwise, regard shall be had to-

Cf. 65 of 685193.

(a) The stock-carrying capacity of the land: Seo 92 of 601/90.

(C ) The capacity of the land for pastoral purposes;

( c ) The proximity and facilities of approach to railway stations,

ports, rivcrs, and mar1r;cts:

(cl) A11 other circumstances affecting the value of the land to a

pastoi*al lessee ;

hut the value or any improvements which the lessee may have made or paid for, or be liable to be paid for, shall not be taken into

account. --

P A W IV. PART ~ v.

IMPROVEMENTS.

32, If there shall bc any iinprovcmcnts belonging to the Crown Price for improve-

upon any land intended to be opened for leasing the Minister shall fixed.	ments, how to be
cause the price to be paid themfor to be determined in such manner as he shall think fit; but all improvements for which the outgoing lessee is entitled to be paid shall be valued as hereinafter provided.

33, Within twelve months before the expiration by effluxion of

v alustion to be m ~ d e

within twelve months

time of any lease granted under this Act a l l improvemerits (if any) aeforo existing upon the land shall be valued so far as practicable in . . . . l ..pire..

585!D3.

detail, i~lld their position indicated on a plan to be prepared by the See 43

Minister, and to be signed by the Minister and the outgoing lessee.

34, If the Minister and the outgoing lessee shall not within I n case of dispute,

six months before the expiration of tho lease agree as to the value by valuation to be made

and position of any such improvements a valuation thereof shall be ib.

made in manner prescribed.

35. Subject to the l~rovisions of this Act, the outgoing lessee, outgoing lessee to receive payment from

under any pastoral lease granted pursuant to this ,4ct, shall bc ies,ee,

entitled to mceivc from the incoming lessee the value, as so deter- mined, of all improvements made or purchased by him existing upon such portion of the outgoing lessec's run as may be comprised Cf. 4 7 586193.

in thc new lease; and, as regards lands which shall not be offered Sae 17 of 642195

for lease within six months d t e r the rxpiwt,ion of the last precgding

lease,

62' & 63' VICTORIfi, No. 722.

The Northern Terri fory Land Act. -1899. -

Y~~~ Iv. lease, the value as so determined of all improvenlents thereou

--- --

shall be paid by the Minister to the outgoing lessee upon such

lessee giving up possession thereof.

All purchase-money

for improvements to	36. The purchase-money to be paid for improvements by the
be paid in first

instance to the	incoming lessee, whether afterwards payable to the outgoing iessee
Minister.	or not, together with interest a t the rate of five per centum per annum on anv amount overdue, shall be a debt from the incoming U
See 48 of oazjs5.	lessee to the ~ i n i s t e r, payable as hereinafter provided, and recover-
able by action in any Court of competent jurisdiction.
Proceedsof G o v ~ n -

ment improvements 37. The moneys received by the Minister in respect of irnprove-

to be omditedto Loan ments belorq+g to the Crown shall be paid by him to the 'I'reasurer

Fund.

of the province and be held by him to the credit of the Loan Fund.

See 49, ib.

Payments to out-

going lessee.

38. The moneys received by the Minister from the incoming

lessee in respect of improvemeills made or paid for by the outgoing

See 50, ib.

lessee shall be paid over to the outgoing lessee, as hereinafter provided, less all costs of and incidental to the recovery thereof, and less all proper deductions fbr rent, depkeciation, or otherwise.

Limitation of costs. 39. 'l'he amount to be deducted by the Minister in respect of

See 13 of 642195. costs, pursuant to the last precedin$ section, shall be the costs actually incurred, but not in a,ny case exceeding five per centum of the moneys received.

rnents map be paid If the improvernents to bc paid for belong to the Crown improve- 40.

for1)yimtalments. the Minister may permit the lessee to pay the purchase-money

thercfor, with interest, by inst;tlrnents accohing to the scale set

see 51 Of 685/93.	forth in Schedule B; but in that case the lease shall contain, in addition t o the covenants mentioned in Schedule A, covenants* by the lessee for the duc pajrncnt of such instalments, and for the maintenance of the improvements in proper repair to the satisfac- tion of the Ministry so long ns any moneys shall remain owing to
the Crown in respect of such pnrchasc-money or interest as afore-

said; and also R provieion that in the event of any instalments being

unpaid for three months after any day upon which the same ought to be paid the purchase-money then remaining unpaid shall, at the option of the Minister, become instantly due, payable, and recoverable.

R U ~ outgoing and

incoming lessee may 41, If any outgoing lessee entitled to payment for improve..

arrange a8 to

ments, and the incoming lessee liable to pay the same, sliall

*orimprovements.

nlutually agree touching the amount to be paid to the outgoing

See 52, ib.

lessee for the improvements, and tlre time and manner of

thereof, and shall, within one month, by writing under their hands

notify the Minister of such mutual agreement; in such form and

manner as he shall approve or as may be prescribed then, and i n

every such case, the purchase-money for the improvements and all

rights of action f'ormerly vested in the Minister in respect of such

irnpxovenients shall thenceforth be vested in and enforceable by the

outgoing lessee. 42, No

62' & 63' VICTORIS, No. 722.

The Northern Territory Land Act.-1899.

7

No lessee shall be entitled to m y payment on the expiration

of any lease issued under this Act, or on any resumption, in respect Notice of improve-

of any improvements made after the expiration of the first ten years m'n'".

of his lease, unless, before making such improvements, he shall have

PAR* IV-

42.

See 54 of 685/93, as

oiven written notice to the Minister, stating the nature, position,

b	orslsa.
pobahle cost, and date of completion thereof, and such improve-

ments shall have been sanctioned by writing under the hand of the cf. i r of so~/go..

Minister: Provided that, where it shall not be conveniently prac-

ticable to givc such notice prior to the making of such improve- 585193.	Vide clause 54, Act
rnents, the lessee shall nevcrtheless be entitled to payment for such improvements if such notice shall have been given with all reason- able dispatch, and if the improvements shall be sanctioned under the hand of the Minister.

43. No payment or valuation shall be made upon any resumption only certain im- provemmts to be paid

pursuant to this Act in respect of any improvements, nor shall %,

any improvements, except t,hosc previously sanctioned by - the

Minister, be considerecl pursuant to this Act unless the Minister Cf. 65 of 585193.

shall be satisfied that such improvements were made for the purpose ancl have the effect of improving the land for pastoral purposes, or

of increasing the carrying capacity thereof, and that the improved See clause 55 of ~ c t	ments will have such effect, and unless the same shall consist of 5sq93.
wells, reservoirs, tanks, or dams of a permanent character, available for thc use of cattle or sheep, and which increase the carrying capacity of the land leased, or of substantial ,buildings, vermin- proof or other fences, huts or sheds erected for residence, shearing, or other purposes usually requircd for or in connection with keeping live stock.

*

44. If thc Minister and the outgoing lessee disagr GC as to what Appeal to Tenants' Relief Board.

improvements should be paid for, the outgoing lessee shall have a

right of appeal to the Tenants' Relief Board, whose decision shall New.

bc final.

45. All machinery or appliances which, in the opiuion of the Water appliances to

arbitrators or urnpire making a valuation pursuant to this Act, shall ,,,,,-	be daenied improve-
be necessary for the purpose of mising, or distributing aftcr raising,

the water, which may be attached or appurtenant to any well, dam, see 57, ib.

tank, or reservoir to be valued under this Act, including all under and ovcr-ground tanks and troughs, shall be deemed part of such well, dam, tank, or reservoir, and snch arbitrators or umpire shall include such machinery or appliances in their valuation.

46. The incoming lessee, at the time and in manner appointed Incoming lessee to recoup Minister

for the payment of the first year's rent, shall pay to the Minister the ,,,, .,lmti,.

cost to the Minister, according to a scale to be prescribed, of any

valuation of thc irnyrovcments of the outgoing lessee made by the see 58, ib.

hfinister, or to which the Minister shall be a party.

47. So long as any principal or interest money remains owing Iauecs nottodestmy

by any lessee for improvements i t shall not be lawful for t,he lessee or inj nre improve-

to

62' & 63' VICTORILE, No. 722.

The Northern Territory Land Act.-1899,

Iv.

to pull down or remove from the land, or knowingly suffer to be

ments while money

owing for improve-	pulled down or removed, or wilfully or knowingly destroy, damage,
ments.	or injure, or suffer to be destroyed, damaged, or injured, any improve-
ments erccted or made upon the leased land without the consent of
see 69 of 6 8 W.	the Minister in writing &st had and obtained. Any person offend-
ing aqainst the provisions of this section shall forfeit his lease, and
shallbe p i l t y of n misdemeanor and punishable on conviction by imprisonment, with or without hard labor, for any term not exceecl- ing two years.

PART V.

OCCIJPATION BY OUTGOING LESSEE ANPI

POSSESSION BY IXCOMING LESSEE.

Outgoing lessee may	48, I f any in tcrval shall elapse between thc determination
occupy run till

reletting thereof.	by effluxion of time of a n y pastoral lcasc ailif the comrncnccment of the term of any new pastoral lease of the same lands or an):
See 60 of 585193.	part thereof, the outgoing lessee may, on giving thrcc month^' written noticc to the Minister of his intcntioil, continue in oecupa- tion of such lands during such interval a t a rcnt conipntcd at the annual rate last payable bv him under his leasc and upon the terms and conditions thereof, except as hereinafter provided.

Outgoing leaace may	49, The outgoing lessee may also continue in occupation until
rnntinue jnoccupntion

one year after

notice in writing shall be given by Or on 1)chalL' of the Minister that

reletting.

a new lease of the same lands, or some part thereof, has been granted

See 61, ib., altered,

or arranged, or that thc incoming lessee has paid or duly armnged

cf. 69, 601/90.

for payment of the amount due for improvenrents, and also for a

period nf twelve months from the date of such notice or the ex- piration of the old lease, whichever shall last happen; but from am1 after the commencenlent of the term of the new lease, and during

such continued occupation, the outgoing lessee shall, as regards the lands includccl in s ~ x h ncw lcasc, pay thc rcnt reserved by and

observe and perform the terms and conditions of such new lease,

and exonerate the incoming lessee t.herefrom.

Outgoing lessee to

50, Any outgoing lessee so remaining in occopation shall keep satisfaction of the Minister, and shall allow the incoming lessct, rent a t the rate of fivc per ocnt~xni per annum 011 the amount paid, or to

mabtainimprOye-

ments, and pay rent

all improvements upon the land in good order and condition to the

therefor.

see 62j ib-~

be paid, by him for the improvements, and also reasonable corn-

pensation for any loss or depreciation in value of such impn~ve-

ments. Such compensation &all be fixed hy wlnation between the

outgoing and incoming lessee, unless they shall mutoally agree as to

the amount thereof within a time to be fixed by the Minister oil the

application of either party.

Outgoing lessee to be	61, The purchase-money payable to an outgoing lessee in
paid for improvements

after giving up

respect of improvements shall be paid to him when he shall

possesion.

give up possession of thc land, but the Minister shall deduct thcre-

from

Bee 63, ib,

62' & 63O VICTOKIK, No. 722.

Th.e Northern Tevriiory Land Act.- 1899.

from and pay to the incoming lessee the amount payable by the

Paw v.

outgoing lessee for rent, or compensation for loss or depreciation of

such improvements as aforesaid.

52, The nlinister may, at any time, on giving t~velye months' Mjnieter may deter- mine occupation of

notice, after the rxpil-ntiorl of anv pastoral lcasc, determine the

occupation of any outgoing lessee whs shall 1:twfully continuc in by payment for improvements.

occupatio~i of the land f'orinerly includcd in such lease, by paying

to him the amount which would be payable by an incoming lessee see 67 O P S O ~ / ~ O.

as thc price or reduced pricc f the improvements.

PART VI. PART VI.

RESUMPTIONS.

53, The Governor may, by notice published in the Gazette and Governor may, by notice, resume lands

notice in writing to the lessee, resume possessioil of any leased land, l,,,,a.

and detcwnine the lease in so far as i t 1-elates to the land so resumed

upon or at any time after a date to be specified in such notice: See 63 of 6011'90.

Provided that, except for any of the purposes menhiled in the first See lsor asa,9r,

sub-section of the next following section, no such land shall he resumed during the first ten years of the term of the lcase without the consa~t in &tinp of the lessee. Provided also that whenever

any pastoral lands demiscd after the passing of this Act shall be

pakly resumed, as provided by sub-section 11. of section 54 of this	i of 669196.
Act, it shall bc lawful for the lessee to require the Governor to resume the whole of thc lands comprised in the lease in respect to which notice of such partial rcsumptioa has been given. KO lessee

shall be cntitlcd to require the resumption of the whole of the land See section 14 of

comprisecl in any leasc on account of any partial resumption thereof P a 8 t o d i l l, 1898,

for mining, or for commonage, residential, or other purposes inci-

dental to mining.

54, Where i t is intended to resume any land under this Act-	Length of notice to
be given. -

I. If

the land shall be reqnired for public works, such as rail-

ways, tramways, roads, bridges, public blddings, water see 74 585193*

conssrvatioil works, or the likc, or as a site for a town see oa of 601,90,

or cemetery, or for mining, or for park lands, the date

to be specified in the notice shall not be less than three

months after the giving of such notice:

11. If the land shall be requ .cd for any other purpose such

date shall be not less t an two years after the giving of

the notice. 1 C

55, If land included in any lease issued under this Act shall bc? Compensation on

resumed the lesscc shall, subject to the ~rovisions of this Act, be res"~t iOn. Y I

compensated by the Government for the loss or depreciation in the See lS of 585,13.

value of the lease caused by such resnmption, awl also in respect of

such irnlrrovernents as he wbuld have been entitled to pyrn;nt for

from an incoming lessee if his lease Iiad expired and the la id had

been re-let as on the date of the notice of resumption. 56. I n

62' & 63' VICTORIJE, No. 7 2 2.

me Northem Territory Lam! Act.-1899.

--

PABT VI. 56, In computing the compensation to be paid in any case for

Certain increased

loss or depreciation in the value of any pastoral lease no increased

value not to be

included.

value given to such lease by reason of' any public works executed

See 76 of 685193.

after the granting of such lease shall be included or taken into

Soe 66 of 5001/90.

account..

Time for payment of

compensation.

57, The amount of compensation payable by the Government to any lessee undcr this Act shall be paid within six months after

See 77, ib.

the resumption occasioning the loss or deprecislion, provided the

lessee shall then have given up possession of the land resumed.

Compensation to be

determined by valua- 58. The amount of compensation to be paid on any resumption

tion.	under this Act shall, in case of dispute or difference, be dctcrmined
See 78, ib.	by valuation,

PART VII.

VALUATIONS.

Valuations to be made 59, Every valuation to be made under this Act shall be made by

under " Arbitration

Act, 1891."	two arbitrators, of whom one shall be appointed by the Minister and the other by the lessee or other party interested, or in case of a valuation as between outgoing and incoming lessees one arbitrator
Cf. 78 of 556/93.	shrtll be appointed by each lessee, and the provisions of the
Clause 78 of Act	" Arbitration Act, 1891," shall apply to every such valuation, exoept
686/93.	in so far as sixh provisions may be inconsistent with this Act.

Date for appointment 60,

The date for thc appointment of arbitrators shall, in every instance, be fixed by the Minister by notice in the Gazette.

of valuatora. If the

Cf. 46 of 1585193. valuation be for the purpose of detcrmining-

See 43 of 642195.

(a ) The compensation to be paid upon any resumption undcr this Act such date shall be not later than thrcc months after the resumption:

( b ) The value of any improvements at thc expiration of any

pastoral lcasc? such date shall be not later than six nlonths

before the cspiiation of the lease.

Decision of vuluators 61, The decision of the arbitrators or their umpire shall be

to be reported.	reported in writing to the Minister, and to every lessee or other
Ib.	party interested, within three months after the alipoin trnent of the arbitrators, or within such extendcd time as the Ministcr and the lessee or other pasty interested may agree to allow.

PART VIII.

SURltENDER O F FORMER PASTORAL LEASW FOR

LEASES UNDER THIS AC'I'.

Lessee under existing

lease may aurrender 62, Thc lessee under any pastoral lease existing a.t the l~asshg

ei, of this 'AC t may within three years from the passing thereof, with

for , , , ,

~ c t. the consent of the Minister, and in manncr prescribed, srirrender

such

62' tk 63' VICTORIW, No. 722.

The Northern Territory Land Act.-11399.

PART Y I I I -

such existing lease, and obtain a new leme under this Act of the same lands or any p~"tXEt"Pof"F6ri-m%TY1"XmeXn"'g forty-

501190-

two years from the date of such surrender. S n y new lease issued Cf. 76

may consolidate several contiguous leases, a t a rent to be agreed upon by the Minister and the lessee, or, failing such agreement, then to be fixed by valuation: Provided that any lessee may, within six months of his receiving notice from the Minister of the term and rent of any proposed new lease, clcct to retain the old lease, and, on notice thereof to the Minister, the surrender of the old lease shall be void.

63. No such new lcase shall be granted unless the Minister shall. New h a e not to be granted unless certain

be satisfied that the covenants and conditions of the lease have conditions complied	with.
beeu duly complied with.	Ib.

PART IX.

TENANTS' RELIEF BOARD.

64. A Board is hereby constituted for the relief of Crown Con8titution.

lessees as hercin provided. See 26 of 642/98.

and shall consist of a Judge of the Supreme Court, to be nominated See 27, ib. 65, Such Board shall be called the Tenants' Relief Board," Name an"ember8-

by the Governor, assistecl by two assessors, onc to be appointed by

the Minister and the other by the lessee.

66, No Crown lease shall be forfeited until after the expiration Crownleases not be forfeited without

of three months from the giving of a notice to the lessee of the notice to lessees.

Minister's intention to forfeit the same. 6ee 28, ib.

67, Any lcssce upon receiving notice of the Minister's intention Lessee in certain

to forfeit his lease for dcf ault in the observance or performance of :,",":g: :&{ to

any covenant or corrdition therein, other thdn the covenant for pay- againstforfeiture.

ment of rent, may apply, in manner prescribed, to the Tenants' see 299ib.

Relief Board fur relief.

68, Such Board shall thereupon inform themselves,. in such Board 10 coneiaer whether forfeiture

manner as they shall think fit, of all mattcrs affecting the question ought to be enforwd.

as t,o whether or not the forfeiture ought to be enforced, and deter- See 30, ib.

mine as they may think fit.

69. If the 'Board shall consider that the forfeiture ought not to May aeseas compen-

be enforced, they may direct the lessee to pay any compensation, or sation.

do any act, within such time as they shall think fit.

70. Upon any appeal brought by or on the part of any out- Board to investigate

appeal. shall think fit, of all matters affecting the question referred to them, ancl determine as they think fit. 71. The

going lessee respecting his irnprovemcnts, as provided under this

The Northern Territory Land Act.-1899.

PART IX, 71. The Board shall in each case certify their determination tc

Findbp to be certi-	the Minister, who shall notify the lessee there of in writing.
fied.
See 82 of 642/95.

If lessee pay com- 72. If the lessee shall, within the timc fixed by the Board,

pensation~md,	comply with the directions of the Board, the forfeiture shall not
forfeiture not to take	take
place.
So0 33, ib.
In what oases

forfeiture may 73. If the Board shall certify that the forfeiture ought to be

proceed.

enforced, or if the lessee shall not within the time fixed comply

See 34, ib.

with the directions of the Hoard, the Minister may, if he shall think

fit, proceed with the forfeiture.

President and

decision. 74. The Judge shall preside at all meetings of the Board, and

see 36, ib.	his decision shall be the decision of the Board.
Solicitom excluded.	75. No counsel or solicitor, unless he shall bc the lessee of the lease affected and registered as such, shall be permitted to conduct or appear in any procccding beforc the Board, and no counsel or solicitor shall act as assessor.
See 36, ib.
Procedure and

evidence. 76, All proceedings before the Board shall be conducted in such

See 37, ib,

wanner as the Board shall think fit, and no rules of cvidence shall

necessarily be observed.

PART X.

ANNUAL LEASXS AND COMMONAGE LICENCES.

M i ~ t e r m a y grant 77. The Minister may grant annual leases of Crown lands in-

annual bases.	cluded in any hundred upon such tcrms and conditions as may be
of. 75 of 6oipo.	prescribed or as he shall think fit.

Preference to 78, If lands included in a pastoral lease arc rcsurncd for thc

outgoing lessee.	purpose of being included in a hundred the lessee from whom the	.L I
cr. 79 of 601/93,	resumption was made shall, as against all other applicants, have a
8ee 76 of 501/90.	preferential right, to be exercised within the time and in manner prescribed, to an annual lease of any part of such lands which shall not be otherwise required or disposed of during such residue of the term of his pastoral lease as was unexpired at the time of the resumption.

Minister grant 79. The Minister may grant commonage licences for the de-

commona@licencee. pasturing of cattle and sheep on Crown lands included in any Ib. hundred upon such terms and conditions as may be prescribed, or

as he shall think fit.

Commonage. 80.	In cases where lcascs of pastoral lands have cxpircd, or becn resumed, and not included in any hundred, and not occupied by the
8eeclause 81 of
Pastoral Regulatione	outgoing lessee in terms of Part V. of this Act, the Minister may let commonage to any person upon such terms and conditions as hc

of June l ~ t h, 1895.

shall think fit until the land is dealt with, or for any period not exceeding twelve months. PART

62" & 63' VICTORIW, No. 722.

The Northern Tewitory Lmd Act.-1899.

PART XI.

MISCELLANEOUS,

81. If two or more leases of contiguous pastoral lands, or which	terms of leases to
Governor may extend

are worked together as one run, are held by thc same lessee the	sec?@ simultaneous
Governor may, i f he thinks fit, renew to the lessee the terms of such	explry.
of the leases-as first expire with a view to the simultaneous cxpiry	Cf. 68 of 501/90.

of all or' such leases: Provided that no such renewed term shall See 95 of 585/93.

extend beyond three ycars from thc expiry of the original term, and that the rent for the renewed term shall be fixed by the Minister, but shall not be at a less rate than that payable under the original lease.

82. The Minister shall furnish to Parliament every year a report showing thc names of	improvements
Annual report of

the lessees to whom he has g r a t e d permission permitted.

to make improvements, and the approximatc value of such improve- Bee 96 of 586193.

ments.

Proclamation of hun-

83. The proclamation of a hundred so as to comprise lands in- dred without resump-

cluded in any pastoral lcase shall not, apctrt from the rcsumption of	tion not to affect lease.
thc lands pursuant to this Act, affect the lease.	See 80 of 685193.

84. The Minister may give permission to any person to erect Leasing roads.

gates on any road vested in Her RIajesty, not being a main road or	Clause 92, Act
within the limits of any Corporation or District Council, and may let	686/93.
the right of depasturing on such road. Any person injuring or destrop~ng any such gate, or not closing the same, shall for each and evcry such offence be'liable to ii fine of not more than Fifty Pounds, or to imprisonment, with or without hard labor, for any period not exceeding six months.
85. It shall be lawful for any lessee under any of the Northern Territory Crown Lands Acts to surrender his lcasc at any time	Surrender.

Clnil~e 171 of Act

during the currency thereof, and the Governor is herehy authorised	444!88.
to accept such surrender i11 thc name and on behalf of IIer Majesty;	See clause 87 of Act
and such surrender shall be in the form and shall be made and	585/93.

executed in the manner prescribed by thc regulations. No surrender

shall be of any force ancl effect until accepted by the Governor.

86. When any lease shall have been so surrendered i t shall be New lease.

lawful for thc Governor, in the name artd on behalf of the Crown, Clause 172 of Act

to araut a lease or leases of the land com~rised in such surrendered 444193.

lease to such person or persons as shall be nominated in that behalf by the lessee iurrendeiihg such lease; and every such new lease shall be granted for the unexpired period of the term of, and for the same purposes, and subject to the same terms, conditions, and regulations as the lease so surrendered.

87. Notwithstanding the forfeiture of any agreement or lease ~ i n i s t e r maprevive

under the principal Act, or any prior Act, the Minister may, when- lease.

ever he deems it expedient so to do, at the request of the lessee or

person

62' & 63' VICTORIE, No. 722.

The Northern Tewitmy 1,and Act.-1899.

PART	XI.	person concerned, rescind, and annul such forfeiture, and revive the
forfeited lease or agreement upon such terms as he shall think fit. All rescissions, annulments, and revivals heretofore made by the Minister, and which would have been lawful if made after the passing of this .Act, are hereby declared to be valid.

Cancellation. 88. Notwithstanding anything to the contrary contained in clause 95 in the principal Act, the Governor, at the expiration of three months after the due date for the payment of the rent, if the rent be unpaid, may cancel the lease.

Aboriginal reserves 89, Leases may be granted for any term not exceeding twenty-

may bd leased.

one years at such rent and on such terms as the Minister niay think

Sec 117, Crown	fit of any aboriginal reserves in blocks not exceeding one thousand
Lands Act, 1888,	square miles. Every lease may be subject to a right of renewal so
amended.
long as it can be shown to the satisEaction of the Minister that the lands therein described are.required for and app1ic.d to the use and entire benefit of the aboriginal inhabitants of the Northern Territory.

Encouragement of 90. For the encouragcinent of meat preserving and b o i h g down

meat export.

and other modes of treating stock for export the Minister may grant perpetual leases of any lands not. exceeding an a i m of one thousand acres, subject to the condition that i f within two years after the grant of the lease tne lcssce shall have spent at lcast Two Pounds per acre in the erection on such lands of works suitable for the purpose intended to be encouraged the land shall bc held free of rent, and subject also to sl~Ai other terms and conditions as niay

be prescribed.

Regulations. 91. The power of making regulations and imposing pcnalties

conferred by the principal Act shall extend to all such regulations as to the Govcriior shall appcar necessary or advisable for regulating a11 proceedings, matters, ancl things arising undcr and consistent with	this Act not herein expl-essly pro~iclcd for. and ot.hcrmisc for fully	and cffcctually carrying out and qiving effcct to the purposes and
powers of this Act, and against evasions and violations thercof,

In the name ancl on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, G overnor.

THE:

62@ & 63° VICTOR,IE, No. 722.

The Northern Tewitory Land Act.-1 899.

THE SCHEDULES REFERRED TO,

SCHEDULE A.. geation 2.1.

Pastoral leases shall contain a condition that the lessee shall not be entitled to sec sch. A, 585193,

possession of the land until he shall have paid the first year's rent, and paid or arranged pursuant to this Act for payment of the price for the improvements (if any).

Covenants by the lessee :-

( a ) To pay the rent annually in advance:

( b ) To stock, within three years, the land leased, with sheep in the proportion of se,600f 501/90.

at least fire head, or with cattle in the proportion of at least one head, for every mile leased, and to keep the same so stocked, and before the end of the serenth year to increase the stocking to at least ten head of sheep, or two head of cattle, per mile, and to keep the same so stocked during the remainder of the term, and so that the stocking with sheep and cattle com- bined shall be sufficient if the requisite number are kept, one head of cattle being computed as equal to fire head of shecp; and in all cases, upon being required thereunto, to furnish the Minister with true par- ticulars of -the number of sheep and cattle with which the leased lend is stocked:

(c) That the lessee will not at m y time during the last three years of the term of

the lease, or of any renewal thereof, over-stock the land or any part thereof, or keep thereon any excessive number of sheep, cattle, horses, or other stock, which, in the opinion of the Minister, would have thc effect of depreciating the ordinary capacity of the land for depasturing stock:

( d ) To keep the land free of vermin, to the satisfaction of thc Minister, during the currency of the lease and any renewal thereof:

(e) Not to assign or svblet without the written consent of the Minister, but so that such consent shall not be capriciously withheld:

( f ) Not to erect or suffer brush fences on the land leased:

(g) Not to cut timber, except for erections, fencing, or firewood, without the liccnce of the Minister:

( h ) Not to obstruct or interfere with any public roads, paths, or ways, or the use thereof by any person:

(i)To make and furnish all such statements and returns as may be required by any rule or law for the time being in force:

(j) To observe and comply with the regulatiorls for the time being in force under this Act:

(k) That any moneys deducted from the outgoing lessee of the land and paid to See 14 of 642185,

the lessce for compensation for loss or depreciation of improvemeits shall be expended in replacing or making good such improvements, unless the lessee shall have paid the purchase-money thereof in full:

And, in addition to such covenanta-

(l) An exception or reservation in favor of the Crown, and all persons authorised of all minerals, metals, gems, precious stones, cod, and mineral oils together with all necessary rights of access, search, procuration, and removal, and all incidental rights and powers:

(h) An unrestricted right for the Crown and all persons authorised to enter and serve notice on the lessee of any wants of reparation, &c. : view the demised premises, and view the state and condition thereof, and to

C-722 (4 A

18 5 2 O & 63O VICTORIE, No. 722.

The Northern Territory Land Act. -1 899.

see M of 601190. (m) A condition that, if rent be not paid on the due date, a penalty of ten per cent.

.SW aection 47, ~ o t 842/95. per annum on the amount of the rent unpaid may, if the Minister think fit, be added:

( 0 ) A proviso that, if rent shall be in arrear for more than three months after

due date, or if them has been a breach or non-performance of any of the

-

lessee's covenants or conditions, the Governor may cancel the lease, subject

to the provisions of this Act or the principal Act:

(p) Provisions for the valuation or resumption of the demised land, or premises, or any part thereof, for fixing the rent upon valuation, and for compensation of the lessee on resumption, in accordance with the Acts and regnlations for the time being on that behalf.:

(p) Such leases shall a l ~ o contain all such exceptions and reservations in favor of

the Crown, the Minister, Land Boards* Road Boards, and other authorities, the aborigines of the colony, and other persons, necessary or proper for giving effect to any Act or regulation for the time being in force, or not inconsistent therewith, as may be prescr.ibed, or as the Minister may require:

( r ) The lessee shall be allowed to surrender the lease absolutely on such terms as .

may be prescribed by the regulations, or as may be determined by the

Minister:

(S) All the above to be expressed in each form as may be prescribed, or as may

be approved by the Minister.

SCHEDULE B.

Scale for Payment oj* Purchase-moneyfor Improuements, the Pvoperty of the Crown, where Special Arrangement made, p u m ~ a n t to Section 40, showing the Annual Payments in Ahance, includ&g Interest a t 5 per cent. per Annum, to be made in respect of every £ 100 of the Pwchase-money.

"yrnent 'Wrnent

Number of Payments. Number of Payments.

in Advance. in Advance.

-p-

L -

Adelaide: By nuthority, c. E. Bnrs~ow, Government Printer, North Termre.