Pastoral Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-

GESIMB EONO

A.D. 1895.

No. 642.

An Act to amend the Pastoral Laws.

[Assented to, D~cernhr zoth, 189 5.1

it Enacted by the Governor of the Province of South Aus- tralia, with the advice and consent of the Legislative Council

and House of Assembly, in this present Parliament assembled, as	BE
follows:

1, This Act may be cited for all purposes as " The Pastoral AC t Short title B U ~ iaoop

Amendment Act, 1895," and, except so far as inconsistent therewith,

poration-

shall be read as one with "The Pastoral Act, 1893," hereinafter

called the Act of 1893."

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58' & 59' VICTORIW, No. 642. - - - -

2, The expression Crown Lands Acts" in the Act of 1893, and bbrpretat;on.

all Acts incorporated therewith, shall extend to and include this ,4ct.

'L Unstocked country" means pastoral land which has never been stocked, or which has been unstocked for more than two consecutive years.

3. The enactments mentioned in the Schedule hereto, to the a,,~.

extent mentioned in such Schedule, are hereby repealed, but such repeal, or any repeal effected by this Act, shall not affect any right, interest, or liability already created, incurred, or existing, nor any- thing lawfully done or suffered under any enactment hereby repealed; and any proceeding in respect of any such right, interest, or liability may be carried on as if this Act had not been passed.

4, In sections 64, 66, and 83 of the Act of 1893, thc references aterationot

to sections 66, 72, 62, and 35 shall be read and construed as if they r8ferenceg*

were to sections 68, 74, 64, and 36, respectively. Improvements,

The Pdstural Act Amendmmt Act.-l 8%.

Improvements.

Amendment of W.

84 of Act of 1893. 5. Sub-division (a) of section 64 of thc Act of l893 shall be extended to include any application for a lease of any land in Class v * L

C which has been unoccupied for more than threk years, and is situate more than fifty miles from the seaboard.

~ t o f s u b - d i v ~ o n. 6. If the area held by an outgoing lessee is reduced by snb-

division for letting to an incoming tenant below the carrying capacity of five thousand sheep in Class A, ten thousand in Class B, or thirty thousand in Class C, or a proportionate number of cattle, the improvements shall be valued for the protection of the outgoing lessee as if the area let was of such carrying capacity; and as regards any amount which the outgoing lessee may be entitled to for improvements, and which the incoming lessee may not be liable to pay, such amount shall be paid by the Commissioner to the out- going lessee at the time when the outgoing lessee is entitled to payment of the sum which the incoining lcsscc is liablc to pay;

but as regards water improvements, made with the sanction of the

Commissioner, the same shall be valued as if there had been no sub-division of the area held by the out~oing lessee, and the out- going lessee shall be paid therefor accordmgly.

Re-letting of lands.	7. Before re-letting on lease any lands which had previously been held under a pastoral lease the Commissioner shall obtain a report from the Surveyor-General, for the purpose of ascertaining whether such lands, owing to the nature of the soil, the rainfall, or proximity to seaboard, or to a railway already constructed or about to be constructed, are suitable for sub-division into smaller holdings for grazing and cultivation purposes; and if the Surveyor-General shall report that such lands, or any portion thereof, are not suitable for such sub-division, then such lands, or such portion thercof, shall bc dealt with as provided in this Act and in Act No. 585 of 1893: Provided that this clause shall not apply to any re-letting by way
of renewal, or a surrender for a new lease.
Commissioner not

bound to recover 8, Nothing in the Act of 1393 contained shall impose upon the

improvement money8	Commissioner any liability to make any payment in respect of any
or protect improve-
menta.	improvements, except as expressly provided by that Act, nor shall make it incumbent upon thc Commissioner, except upon receiving to his satisfaction a full and sufficient indemnity from the outgoing lessee, to require payment for any improvements from any incoming lessee, nor to protect any improvements or the interests of any out- going lessee therein further or otherwise than as the Commissioner in his discretion shall think fit; but if the Commissioner shall be dissatisfied with the indemnity offered by the outgoing lessee, or shall from any cause fail to cnforcc any clainl or remcdy which is vested in hirn-on behalf of the outgoing lessee, the outgding lessee shall be at liberty to sue or otherwise enforce his claim or remedy in his own name as fully to all intents and purposes as the Commis- sioner could do.

9. Every

58" & 59O VICTORIE, No. 642.

The Pastoral Act Amendment Act. - 1895.

9. Every application for rt lease shall be accompanied by a deposit Appliwts for 1 -

to make depait on

equal to five per centurn on the price to be paid for the improve- ,,,o,,t	~ m ~ p ~ -	*	,	,
ments (if any), as notified in the Governmsnt Gazette, in addition to ment~. the deposit of twenty-five per centum of the first year's rent required by section 26 of the Act of 1893.

10. If the successful applicant for a lease shall fail to execute the Fosieitm of deposit.

lease, or to pay or arrange for the payment of the balance of the purchase-money of the improvements, within the time and in manner prescribed, he shall forfeit to the Commissioner all moneys (if any) deposited by him in respect of improvements. The deposit under section 9 shall be credited against the first instalment of the pur-

chase-money .

11. The moneys so forfeited, less all proper deductions, shall be Applioationof

retained by the Commissioner, or paid over to the outgoing lessee,	de~08it*
as the case may be, in the same manner in all respects as the pur- chass~noney of the improvements would have been retained or paid over if the applicant had duly completed the purchase.

12. Notwithstanding any thing contained in ' T h e Crown Lands Repa~rnent of deposits

Amendment Act, 1890," or in any pastoral lease granted after the other aquivalwt for impmvementn if

passing of that Act, the Commissioner shall repay all or any part of im~rovementamade-

the amount deposited by the lessee as security for the maintenance

of the improvemcnta on the land if the lessee shall have maintained

such improvements in good repair, reasonable wear and tear

excepted, t o the satisfaction of the Commissioner, so soon as the

lessee shall have madc othcr irnprovcments on the land leased equal

in value to the amount of the deposit.

13. The amount to be deductcd by the Commissioner, pursuant to Limitation of cost to outgoing lessee of

section 50 of the Act of 1803, in respect of costs of and incidental of~,onv,

to the recovery of the moneys to be received from the incoming fromincormngleeaee.

lessee shall be the cost actually incurred, but shall in no case exceed

five per centum of the moneys so received.

14. All moneys paid by the C'ornmissioner to an incoming lessee, Moneye paid to

pursuant to section 63 of the Act of 1893, for compensatio~r for loss gg$,&!,"",f"Ef

or depreciation of improvements, shall be expended by such lessee provements to be laid

in replacing or making good such improvements, unless he shall thereof out in reinrtatement

have paid the purchase-money thereof in full; and in every lease purchase-money paid.

hereafier to be prwted under-the Act of 18% a covenant to this

effect shall be e x p s s e d or implied against the lessee.

15. A lessee may be released from his liability t o repair im- L ~ ~, ,, ,, be

provements which are on the lease, and are of no value to such r e l e ~ e d f ~ m l ~ b i W

to repair.

lease, if he shall make other improvements in lieu thereof to the

satisfaction of the Comrni ssioner.

16. Section 25 of Act 585 of 1893 is hereby amended by Amendment of eec.

striking out " rnny " in the fourth line, and inserting in lieu thereof 25 of A C ~ of 1898-

shall, at intervals of not less than thuec months, until applications

are accepted." 17. Section

4 58" & 59' VICTORIE, No. 642.

me Pastoral Act Amendment Act.-1895.

Amendment of aec.

47 of Act of 1893.	17, Section 47 of Act 585 of 1893 is hereby amended, by adding at end thereof-" and, as regards lands which shall not be offered for lease within six months after the expiration of the lease, the amount as so determined of all improvements thereon shall be
paid by the Commissioner to the outgoing lessee upon the lessee
giving up possession thereof."
Amendment of aec.

60 of Act of 1893, 18. Section 60 of Act 585 of 1893 is hereby amended by

striking out all words after interval" in fifth line and inserting in

lieu thereof-" at the rental at which the land shall have been last offered for lease; and in the event of any land being ultimately re-let a t a rental below what the lessee shall have paid under this section, such lessee shall be repaid the excess: and n lessee so continuing in occupation shall observe the terms and conditions of his expired lease, except as hereinafter provided."

Conditions qf Leases.

Covenant to stock

land may be qualified 19, In any lease to be granted under Part VIII. of the Act of

where countrv	1893, and in anv pastoral lease hereafter to be granted of land
inferior.	which the ~omdis&ner shall be satisfied is wate$ess or vermin infested, or otherwise especially inferior for pastoral purposes, the covenant relating to the stocking of the land mentioned in para- graph ( c ) of Schedule A to the Act of 1893 may, if the Com- missioner shall think fit, be qualified by a provision, to be in- serted in the lease, that if the Commissioner s l d l be satisfied that during the first six years of the term a sum equal to Five Pounds per square mile of the leased land has been expended by the lessee
in-

(a ) Destroying vermin upon the land, or erecting vermin-proof

fencing thereon; or

( h ) Constructing improvements, consisting of wells, reservoirs,

the use of cattle or sheep, and which increase the carrying	tanks, or dams of a permanent character and available for
capacity of the land:

the lessee shall not be bound to increase the stock to more than ten head of sheep or two head of cattle (or their equivalent) pcr square mile, at any time during the term of the lease, or any renewal thereof.

Concession to dis-

coverer of artesian

20. If any lessee shall, except upon a reserve, discover any artesian well upon his run yielding a supply of not less than five thousand gallons per diem of water suitable for stock, he shall be entitled to a remission of five years' future rent in rcspect of an area of one hundred square miles of the lard surrounding such well comprised in his run f o r every such well so discovere2, but not exceeding in respect of any run four such wells. The area to be affected by such remission shall be selected by the lcssec, with the approval of the Commissioner.

wslle.

21. Section

58" & 59O VICTORIE, No. 642. 6

!Die PastoraZ Act Amendment Act.-1895.

21. Section 25 of Act 585 of 1893 is hereby amended, and shall A mendment of see. 26 of Act of 1893.

be read as if all the words after C'reduced" in the tenth line had

been struck out and the following words had been inserted in lieu thereof-"until the rent has been reduced to the extent of fifty per centum, after which the rent and the price for improvements shall be reduced proportionately: Provided, however, that such rent shall not at any time be reduced below the minimum rental of Two Shillings and Six Pence per square mile."

Notice o f Resumption.

22. Section 74 of the Act of 1893, relating to the resumption Amendmentof sec.74

of land, shall be read a s if in sub-section IT. thereof	two years of 686 of 1893.
notice " had been substituted for "one year's notice."

Applications for Reduction of Rent in Class I.

23. Any of the following persons, that is to say-	apply for reduction
Certain lemeee may

( a ) The pastoral lessee of any pastoral lands in Class I.: of m.

(6) The lessee of any pastoral lands in Class I. holding under a

miscellaneous lease for grazing and cultivation purposes:

may, within six months aftcr the first day of January, one thousand

eight hundred and ninety-six, apply to the Commissioner for a re-

duction of rent, such application to be referred to the Surveyor-

Gcncral for rcport; and, should a reduction of rent be recommended,

the Commissioner may reduce the rent or not as he thinks fit.

24. The Commissioner may refer such notice as is mentioned Surrender notice to

in section S1 of the Act of 1893 to the Pastoral Board, who shall p,,tom~~oard.	be referred to
forthwith report to him the value of the improvements to pay- ment for which by the Government the person or lessee therein mentioned is, or on the expiration of the existing lease would be,
for agricultural or other purposes, its proximity and facilities of entitled, the capacitv of the lmd for depasturing by stack, its value	approach to railway stations, ports, rivers, and markets, and all
other circumst:mccs affecting the value of the claims, lease, or rights of such person or lessee, and shall recommend for the approval of the Commissioner the term for which and rcnt at which a lease under the Act of 1893 should bc granted to such person or lessee upon his releasing all claims to payment by the Government or surrendering his existing lease or rights to a lease, as the case may be: Provided that the Commissioner may refuse to accept the sur- render of such lease or leases, or any portion thereof.

25. The Governor may, in any case where he thinks it expedient, Governor may accept

accept zt surrender of any lands comprised in any pastoral lease if l,,,,	surrender of pastoral
such lands shall be contiguous to other lands resumed by the Government arid held by the same lessee under another pastoral lease expiring within onc ycar of the time of the acceptance of such surrender, and may thcreupoa resume possession of the land so

surrendered

6 58" & 5g0 VICTORIE, No. 642.

The Pastoral Act Amendment A c t. 1 8 9 5. ---

surrendered. I n any such case ~ h e pastoral lessee shall be entitled to receive the same payment for improvements as he would have been entitled to if the lease so surrendered had at the time of the surrender expired by effiuxion of time: Provided that no payment

for improvements shall be made until the land comprised in such

surrendered lease be either let or sold, or the surrendered lease would have expired by effluxion of time, but the valuation shall be made as soon as practicable after such surrender.

Tenants' Relief Bowd.

Constitution.	26, A Board is hereby constituted for the relief of Crown lesaecs against forfeitures.
Name and membera,	27, Such Board shall he called the " Tenants' Relief Board," and shall consist of a Judge of the Supreme Court, to be nominated by the Governor, assisted by two assessors, one to be appointed by the Commissioner and the other by thc lessee.
be forfeited without

Crown leases not to 28. No Crown lease shall be forfeited until after the expiration

notice to lessees.

of three months from the giving of a notice to the lessee of thc Com-

missioner's intention to forfeit the same.

Leeaee in certain

29, Any lessee upon receiving notice of the Commissioner's intention to forfeit his lease for default in the observance or per-

cases may apply to

B O for relief ~

w i n s t forfeiture. formance of any covenant or condition therein, othcr than the covenant for payment of rent, may apply, in manner prescribed, to the Tenants' Relief Board for relief.

whether forfeiture 30, Such Board shall thereupon inform themselves, in such	Board to consider
ought to be enforced. manner as they shall think fit, of all matters affecting the question as to whether or not the forfeiture ought to be enforced, and determine as they may think fit.

May awess cornpen- 31, If the Board shall consider that the forfeiture ought not bc

sntion.

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

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

Fhdingto be certi- 32, The Board shall in each case certify their determination to

fied. the Commissioner, who shall notify the lessee thereof in writing.

H leesee pay corn- 33. If the lessee shall, within the time fixed by the Board,

pensation fixed

fodeiture not to take comply with the directions of the Board, the forfeiture shall not

place. take place.

In what cases for- 34. If the Board shall certify that the forfeiture ought to be

feiture may proceed. enforced, or if the lessee shall not within the time fixed comply with the directions of thc Board, the Commissioner may, if he shall think fit, proceed with the fjrfeiture.

a 35. The

58" & 59' VICTORIW, No. 642. 7

The Pastoral Act Amend~ent Act.- 1895.

35, The Judge shall preside at all meetings of the Board, and fi0aide-d decision.

his decision shall be the decision of the Board.

lease affected, and registered as such, shall be permitted to conduct part in pmceedinga. 36. No counsel or solicitor, unless he shall be the lessee of the solicitorsnot to take

or appear in any proceeding before the Board, and no counsel or

solicitor shall act as assessor.

37. All proceedings before thc Board shall be conducted in such

manner as the Board shall think fit, and no rules of evidence shall

necessarily be observed.

Central Pastoral Board.

Central Bead to be Oon-

38, A Board is hereby constituted, to be called the stituted of three

Pastoral Board," to consist of three officers of the Civil Service to Civil servanb.

be nominated 'by the Commissioner, and who shall hold office

during the pleasure of the Commissioner.

39. Two members of the Board shall be a quorum, and may Quorum.

exercise and discharge all the duties of the Board.

40. Meetings of the Board may be held as the members may Meetingr.

determine or the Commissioner require.

41, The Central Pastoral Board may deal with any pastoral land, Dutiea.

a plan of which shall have been laid before both Houses of Parlia- ment for a period of thirty-one days, and with any unstocked country, and lands contiguous to unstocked country the leases of which have expired, and which thc Commissioner may certify it is desirable to offer in connection with unstocked country, and lands which have been offered, but not allotted, by the Pastoral Board.

42. NO application for a lease of any pastoral land previously Applieationafor

offered by the Pastoral Board shell be referred to the Central Pas- grBt to pastoral leaaee to be

Pastoral Board.

toral Board until the Commissioner has received from the Pastoral but had not been allotted; nor shall the Central Pastoral Board deal with applications for the surrender of pastoral leases.

ing out all the words after ' C lease " in the fifth line, and inserting 46 of Act of 1893, 43. Section 46 of Act 685 of 1893 is hereby amended, by leav- Amendment of sec.

in lieu thereof "or at such date as may be agreed to by the Com-

missioner and the lessee."

44. Section 51 of Act 585 of 2893 is hereby amended, by Amendmentofaec.

inserting the words after " repair," in line 7,	reasonable wear and 61 of Act of 1893.
tear excepted."

45. Section 55 of A.ct 585 of 'L893 is hereby amended, by Amenammtofsw-

inserting after the word improvements," in line 1, page 10, the 65 of Act of 1893.

words " except those previously sanctioned by the Commissioner."

46, Sub-section

58" & 59' VICTORIX, No. 642*

The Pastoral Act Amendment Act,-1895.

Amendment of MC.

84 of Act of 1593,	46. Sub-section ( a ) of section 84 of Act No. 585 of 1893 is hereby amended, by adding the following words to the end of the sub-section-" Except for the rcpayment of any deposit made by
him in respect of improvements made previous to the date of his
lease."
Amendment of

8chedule A of Act of 47. Sub-section ( q ) of Schedule A of Act 585 of 1893 is hereby

1893. amended, by striking out the words " a penalty of 5 per cent., or, if in arrear for one calendar month," and inserting after the word

" cent." the words per annum."

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

this Bill.

T. FOWELL BUXTON, Governor.

SCHEDULE

5%" & 5g0 VICTORIE, No. 642.

The Pastoral Act Amendment Act.-1 896.

9

SCHEDULE.

SCHEDULE. Seation 3.

No. of Section of the

Act of 1893. Extent of Repeal.

--- _ _. .. _ _ _ _ _ _ _ _ _ - - -

l . - . -

27 .. ., ........ All the words after " simultaneous applications."

53 and 82 ......	The whole.
44 ............	All the words after " incoming lessee."
54 ............	The words "and such improvements shall have been sanotioned

by writing under the hand of the Cornrnissione~,'~ and also

all the words after dispatch" in the twelfth line."

66 .. .. .. .. . ,. All the words from "nor " in the third line to " cattle," in the

seventh line, both inclusive.

83 ......... ,, . The words in the proviso shall not be at a less rate than that

payable under the surrendered lease, and."

Schedule A .. .. Sub-sections ( h ) and (i).

--L"

-- W..>

Adelaide: By authority, C. E. BRISTOW) Government P~nter, North-terrace.

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