Pastoral Act 1896 (SA)

A.D. 1896.

No. 669.

An Act to further amend the Pastoral Laws.

[Assented to, December I@%, 1896.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1, This Act may be cited ss " Thc Pastoral Act Amendment Act, Short title and

1896,'' and sl-iall be i~~corporated with " The Pastoral Act, 1893, ,, mcorporation.

and The Pastoral Act Aincndmclit Act, 1895," hereinafter respec- tively referred to as "the Act of 1893" and the Act of 1895."

2. No express covenant for payment of' rates and taxes shall Ratesandhxea.

hereafter be inserted in any Crown lease, but this ,4ct shall not rclievc any lessee from any liability for payment of rates and taxes imposed or to be imposed by or under the authority of any Act.

3. Pas tore1 lands in Class I., whether let on pastoral or miscel- Lessees in Class I.

laneous lease, may be surrendered pursuant to the Act of 1893, may surrender.

provided that--

I. No notice of surrender shall be received after the thirty-first day of l)ecember, one thousand eight hundred and ninety- seven:

11. The Surveyor-General shall, according to his uncontrolled judgment, report to the Commissioner whether or not the surrender. ought tro be permitted and whether or not the

land is likely to be required for agricultural or closer

settlement during the term of any new lcase:

G69 111. NQ

59' & 60" VICTORIE, No. 669.

The Pastoral Act Amendment Act.-1896.

111. No notice of surrender shall be referred to the Board unless

the Surveyor-General shall first have reported to the Commissioner that the surrender ought to be permitted and that the land is not likely to be required for agricul- tural or closer settlement during the term of any new lease, and the Commissioner, in his absolute discretion, shall also have decided that the surrender should be further pro- ceeded with:

W. No new pastoral lease shall be granted, nor shall any notice

of acceptance be binding upon the Commissioner, until

two months shall have elapsed after particulars of the old and new leases, and the reasons for the proposed surrender, together with the certificate of the Surveyor- General and the recommendation of the Pastoral Board, shall have been received by the Commissioner:

v. Particulars of the old and new leases and the reasons for the surrender, together with the certificate of the Surveyor- General and the recommendation of the Pastoral Board, shall be laid before both I-louses of Parliament within fourteen days after the execution of the new lease if Parliament be then in Session, and within fourteen days after. the commencement of the next Hession if Parliament be not thcn in Session.

Deposit to be

ten per centum of 4, The deposit accompanying the application for a lease pro-

improvements which

vided for by section 9 of the Act of 1895 shall, in respect of

are not property of

Crown.

improvements which are not the property of the Crown, be equal

to ten per centum of the price to be paid for such improvements.

Amendment of

Schedule A of Act 5. Sub-section (6) of 8chedule A of the Act of 1893 is hereby

of 1893. repealed.

Leases may be $. If any lands shall be declared opcn for leasing, but no ap-

offered at reduced	plications s h l l be dnly made therefor within one> inoiith of	the
rent and lower price

for impro~ements. date specified in the notice declaring the lands opcn for leasing, or should all applications received be rcjrctcd or refused, the Com- missioner shall, at intervals of not less than three months, until applications are accepted, upon giving fi~rther notice in the G'ol:ern- ment Gazette, offer such lands at such reduced rent and reduced price for improvements, or at such reduced rent or reduced price for improvements as he may, with the advice of the R o a d, think propex: Provided that if the improvements belong to the lesscc the price of such improvements shall not, except in case of deprecia- tion, be reduced until twenty-one ctays' notice in writing shall have been given by the Cornrnis~io~ier to the orltgoing lessre of an intent to mtllre such reductions and particulnrs thereof, and the outgoing lessee may, within twenty-one days after receiving such notice in manner prescribed, appeal to the Tenants' Relief Board to fix the amount of rent and the price for improvements, and the provisions contained in the Act 642 of 1895, relating to the appointment of,

and

59' & 60' VICTORIK, No. 669. - -

The Pastoral Act Amendment A c t. 1 8 9 6.

-- - -- - - - - ---- L -

and otherwise as to the Tenants' Relief Board, shall apply here- under, so far as the same are applicable; and it shall be lawful for such Board to reduce or increase such rent or price for improvc- ments to such extent as they think f i t, and until the determination of such Board is certified to the Commissioner, and by him notified to the appellant lessee, the Commissioner shall postpone offering such lands for leasing; and the determination of such Board, when so certified, shall be acted upon by the Commissioner: Provided that after the rent and price of improvements are once fixed by the Tenants' Relief Board no further appeal shall be allowed, and with- out the consent of the outgoing lessee the price for improvements, except for depreciation, shall only be reduced when the rent is reduced proportionately.

7. Section 73 of the Act of 1893 is hereby amended by adding Amendmentof motion 73 of Act of 1893.

the following proviso Yrovided also that whenever any pastoral

lands demised after the passing of this Act shall be partly resumed, Resumption of ian&.

as provided in sub-section 11. of section 74 of the Act of 1893, it

$I& be lawful for the lessee to require the Governor to resume the

whole of the lands comprised in the lease in respect to which

notice of such partial resurnp tion has been given."

following substitutcd in place thereof :-<'W here a lease shall expire contipous landa. 8. Section 25 of the Act of 1895 is hereby repealed, and the s m e d e r o f

by effluxion of time, or w h ~ r e leased lands shall be resumed and the ~,,n~m,n~,f,,,ti,n

lessee shall hold pastoral lands contiguous to the lands comprised a50f Actof 1896. .

in the expiring lease, or to the lands resumed, the Governor may

accept a surrender of the lease of such contiguous lands: Provided

that tho lease of the contiguous lands shall expire within a year

from the date of such surrcndcr. In any such case the pastoral

lessee shall be entitled to receive the same payment h r improve-

ments as he would have been entitled to if thc lcase so surrendered

had at the time of the surrender expirecl by effluxion of time:

until the land cornprised in such surrendered lease be either let or Provided also that no payment for improvements shall be made sold, or the surrendered lease would have expired by effluxion of tiillc; but thc valuation shall be made as soon as practicable after such sulwnder."

9. Section 20 of the Act of 1895 is hereby amended by leaving Amendment of 9, section 20 of Act of

out in line 4 of the section the word "five," and inserting	ten	lsg5.
in lien thereof.

10. Notwithstanding anything expressed to the contrary in any Public reserver to be under Commissioner

previous Act or Acts, all public stock reserves and waters within cmwnLanda.

pastoral country sl~all be under the direct control of the Com-

missioner of Crown Lands.

11. Section 85 of Act No. 585 of 1898 is hercby amended by the Section 91 of the Pastoral Act of 1893,

addition of thc following words to the said section :-" And the ,,,,sea.

interest of the Crown in all other improvements on the land R t the

time

59O & 60" VICTORIW, No. 669.

The Pastoral Act Amendment Act .1896.

time of the surrender shall be valued by the Pastoral Board and paid for by the surrendering lessee either in cash or by instalments, and the lessee's interest and the interest he purchases from the

Crown shall belong to the lessee."

In the name and on behalf of Her Majesty, I hcreby assent to

this Bill.

l'. F. BUXTON, Governor.

- ------.-P-------

Adelaide : By authority, C, E. BRISTOW, Giovenunent Prhter, ru'orth-terrace.