Pastoral Crown Lands Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

A.D. 1884.

No. 321.

An Act to amend the Law relating to Pastoral Lands.

[A ssm?ed to, Nove?nber r&k, r884 .l

HEREAS it is dcsirablc to amend the law rclating to pas- Preamble.

tom1 lands-& it therefore Bnnctcd by the Governor

of the Province of South 14ustralin, with the advice and conserit of the Legis1ati.c-e Council and House of Assembly of the said province,

in this present Parliament assembled, as follo~vs :

1, This Act may be cited as Thc Pastoral Crown Lands Amend- short title and incol- poration.

ment Act, 1884," and, except so far as inconsistent therewith, shall

bc incorporated and read with tlrc Crown Lands Acts.

2, In the construction and for tl~c? purposes of this Act, unless Interprettttion.

inconsistent with the context-

The term '& Crown Lands ,4cts '' shall ii~clude all Acts which relate to the lcssiing of Crown la.nds for pastoral purposes:

The term " pastoral llailils " shall include all Crown lands leased for pastoral purposes, or which it is now or hereafter lrlily be lawful to lease for pastoral purposes:

Pastoral lessee " shall mean any person, now or hereafter, holding pastoral lands under lease from the Crown for pastoral purposes:

Commissioner " shall mean the Commissioner of Croma Lands.

3, This Act shall not apply to the Northern Territory. Application of Act,

A-321~ 4, The

2 47' & 48' VICTORIW, No. 321. -+A-

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The Pastoral Crown Lands Amendment Act.--1684.

Power to leaae. 4. The Governor may lcasc pastoral lands for pastoral purposes

in manner hereinafter provided, and no pastoral lands shall hereafter

be leased for pastoral purposes except in nianncr provided by this Act, or for the purpose of giving effect to any existing preferential

right or any existing right of renewal.

clamification of P ~ E I - 5. For the purposes of this Act pastoral lands are divided into

toral lande. three classes, a s follows-

Class I. including all pastoral lands now held by any pas-

toral lessee for any term of years - granted by

any new lease-issued pursuant to the " Waste 1,ands Amendment Act, 1867," sections 3 and 4; the

" Waste Lands Amendment and Procedure Act,

1869-70," section 31; and The Pastoral Lessees

Rolief Act," Xo. 24 of 1872; or any or either of

them; or which, having been hcld under any such new lease, are now held under any other leases expiring in the year 1888, or on the 1st January,

1889, and granted in lieu of such ncw lease.

Class 11. Including all pastoral lands now hcld by any pastoral lessee for any othcr tcrrn of years, or which shall hereafter be held by any pastoral lessee for any term of years granted by any lease issued pursuant to any existing preferential right, or any existing right of rcnewd.

Class 111. Including all pastoral lands not included in Class I. or

Class TX.

Diviaion of ~ c t. 6. This Act is divided into nine parts as follows :-

PART ~.-Relating to Class I:

PART 11 .-Relating to Class r r :	PART 111.-Relating	to Class m:
PART v.-Relating	to Auctions:
PART vz.-Relating	to Valuations:

PART	v11 .-Relating	to Payment for Improvements:
PART	v111.-Itelating	to Compensation for loss of Lease:

PART 1.

RELATING TO CLASS 1.

Sale of leases. 7. Whenever any pastoral lease of any pastoral lands in Class

I. shall have expired or determined, or be about to expire or detcr-

mine,

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The Pastoral Crown Lands Amendment Act-1884.

mine, and the lands includedin such lease shall not be required for	P ~ n r	1.
any other purpose, the Commissioner may cause to be offered for
sale by auction leases for pastoral purpose^ of such lands in such sized blocks as the Commissioner, with the advice of the Pastoral Board, to be nppoin tcd as hcreinaftcr provided, may dctcrmine to be most suitrthle for securing the stocking and development of the country and the utilising of the improvements thereon: Provided that, in the event of t& ~omrnissionrr disagreeing with the advice
of the Board, he may himself determine the size of the block, after
a plan and particulars of the block, as proposed by the Commis- sioner, shall have been laid before Parliament, together with the report of the Board, for one calendar month.

8. Every such lease shall be for a term of twenty-one years, and Tenna of leaaea.

thc annual upset rent shall be fixed by valuation, and the rent paid annually in advancc. The lessee shall also pay a deposit to the amount of ten per cent. upon the value of the ilnprovements upon the land so leased, which deposit shall be held by the Commissioner as security for the maintenance of the said improvements in a proper state of repair, such deposit to be paid at the time of the lessee becoming entitled to possession, and interest at the rate of five

per cent. per annum on such deposit shall be allowed ns against the

rent payable under such lease; and, provided the lessee shall have complied with the conditiorls of the lease, such deposit shall be rt:paitl to thc lessee on the expiration of the lease, or so soon as the lessee shall have made improvcments on the land leased equal in value to the amount of the deposit. whichever shall first happen, unless the lessee shall have previously permitted any improvements on the land to fall into disrepair, in which case the said deposit or

an amount equal to the depreciation in value of such improvement

thereby occasioned shall be forfcitcd to the Commissioner.

Q. Leases shall be offered for sale, as provided by section 7, at Time of sale.

any time not earlier than eighteen calendar months and not Iatcr

the expiring or determining lcnsc, as kcntiomd in such section:	than six calendar months before the expiration or determination of
Provided that anv leases off'ered at auction and not sold may be bere-ofiered. Leases not sold may
re-offered by the"~ommissioncr at such reduced rent as he shall think fit, but 110 such rcduced rent shall be less than Five Shillings per square mile.
expiration of twelve calendar months after a new lease thereof shall oocu~pation. 10. The pastoral lessee of any pastoral lands in Class I., until the Continuation of
have been sold as provided by section 7, may, with the consent of thc Commissioner, be dlou-ed to continue in occupation of the land originally leased to him, although the term of such lease shall have expired, as tenant on the terms of his o r i g i ~ d lease, but so that, after any new lease shall have been sold, such pastoral lessee shall, subsequent to the cxpiration of his existing lcasc, as regards thc land included in each new lease, pay the rent reserved by
and otherwise perform the terms of such new lease, and exonerate

the

The Pastoral Urowra Lands Amendment Act .1884.

PART I. the purchaser from such payment and performance, and such occn- pation shall otherwise be sabjcct to such terms and conditions as may bc prescribed by regulatibn.

Payment ofimprove- 11, On the expiration, by cffluxion of time, of any existing

msnts.	lease of any pastoral lands in Class I., or upon the resumption of any lands included in any such lease, the pastoral lcssee shall receive from the Commissioncr pa,yrnent of the value of all improvc- ments then on the land leased or resumed, as the case may be,
and which shall have been made after the passing of this ' Act.
-4nd on the expiration, by effluxion of time, of any pastoral lease to be hereafter granted of pastoral lands in Class I., or upon the resumption of any lands included in any such lease, the pastoral lccsee shall, subject to the provisions of this Act, receive from the Commissioncr payment of the value of a11 substantial water im- provcments then on the land leased or resumed, as the case may bc, and made during the term of the leasc.

PART 11. PART IT.

RELATING TO CLASS 11.

Sections 7, S, 9, and. 12. Thc provisions of sections 7, 8, 9, and 10 of this Act shall

10 to apply.

apply to all pastoral lands in Claes 11. as well as to all pastoral lands

in Class I.

Compen sation on

resumption. 13. On the resumption of any pastoral lands in Class TT. included

in any pastoral lease, the pastoral lessee shall, subject to the pro-

visions of this Act, reccive from the Commissioner compensation in

an amount to be fixed by valuation for the loss of or depreciation

in the value of his lease, according as the whole or part of the lands

leased shall be resumed.

Payment for im- 14. On the expiration, by effluxion of time, of any pastoral lease

provements.	of pastord lands in Class II., or upon the resumption of any lands included in any such lease, the pastoral lessee shall, subject to the provisioils of this Act, receive from thc Commissioner payment of the value of all improvements then on the land leased or resumed, as the case may be, and madc during the term of the lease and prior to the passing of this Act, and of all other improvements then on
such land. and which shall havc been made after the passing of this
Act.

PART IIT. PART 111.

RELATING TO CLASS 111.

Sale ~ n d term of 15. The Commissioner may cause to be offered for sale by auction

leases, . leases for pastoral purposes of pastoral lands in Class III., ani such leases

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The Pastoral C r o w ~ ~ Lands Amendment Act.-l 88 4.

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leases shall be on the following tcrms as regards term of	lease, rent,	PART III,
stocking and improvements-

1. 'l'erm of lease.-Thirty-five years, with right to the lessee to

surrender at any time during the first thirty days after the publication in the Government Gazette of any notice relating to such lease and required by the next suh-section:

rr. Rent.-During the first fourteen years Two Shilling and

Sixprnce ' per mile per annum; afterwards, during each successive term of seven ycars, such annual rent as shall be fixed by valuation, and of which notice shall be given by thc

Commissioner by publication in the Gov~rnment Guzette ; I+

some time not less than sixty days immediately precediicg the commencement of each such slxccessive term. All rent, to be paid annually in advance:

III. Stocking.---The lessee to covenant before the end of the third year of the term to stock the land leased, itt the least, with sheep in the proportion of five head for every square mile leased, or with cattle in the proportion of one head for every square mile leased, and to kccp the same so stocked; and before the end of the seventh year to incrcase the stocking to twenty head of sheep per square mile, or four head of cattlc per square mile, and to keep the same so stockcd. at the least, during the remainder of the term: and so that the stocking witjh sheep and cattle combined shall be sufficient if the requisite number are kept, one head of cattle being equal

to five head of sheep:

IV. Improvements.-l expenditure of money on the land

leased in improvements thcreon, or to the satisfaction of the Cornrnissioner bond Jide for the purpose of improving or increasing the carrying capacity of the land, shall totally or partially discharge the tenant from the cove-

nant with reference to stocking, according to the amount	expended; an expenditure to the amount of Thirty
Shillings per mile made before the end of the third year of
the term, a.nd to the value of Threc Pounds per rnilc made
before the end of the seventh year of the term, shall totally discharge thc tenant from the covenant in reference to stocking; and expenditure of a lesser amount made before such times shall proportionately discharge the lessee from
such covenam t.

16. If any pastoral lessee of pastoral lands in Class III., shall Forfeiture.

fail to perform or satisfy the covenant with reference to stocking contained in his lease, or if any rent reserved thereby shall at any time be six calendar months in arrear, the lease shall be liable to be forfeited.

17. On any pastoral lessee of pastoral lands in Class 111. sur- Procedure on

rendering his lease pursuant to the terms thereof, a lease of the land

surrendered

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The Pastoral Crown Lands Amendment A c t. 1 8 8 4.

W- L

PART 111.	surrendered s l d l be offered fbr sale by public auction, and, if sold, a lease shall be granted to and accepted by the purchaser for the residue
of the term from the date of sale, and on the terms of the surrendered
lease, so far as applicable to such residuary term, but so that no forfeiture or liability shall be incurred by the purchaser for any default prior to the date of his purchase.

premium on of 18. Every lease offercd for sale pursuant to the last section shall

~ ~ e n d e r e d l e a ~ ~.	be so offercd a t a premium of thrcc-fourths of the valuc, to be fixed
by val~iation, of all improvements thereon which s l ~ d l have been made, and such premium shall be paid in cash by the purchaser to the Commissioner, and by the Commissioner to the surrendering lessee, after deducting, nevertheless, thcreout any arrears of rent
due by the surrendering lessee.

Reduction of 19, If any lease offered for sale pursuant to sections 17 and 18

premium. shall not bc sold. the Commissioner may offer the same from time to timc at such reduced rental as lle shall think fit, being in the first instance not less than three-fourths of the rental fixed by the last valuation, and if not then sold, the upset rental shall he further reduced from time to time to the amount of rental fixed in the original lease, and the premium in respect of improvements shall be proportionately reduced with the rent after the rent shall have been reduced to three-fourths of the last valuation; and such reduced premium hall be paid to and by the Cornmissioncr in manner provided by the last section.

Sections 13 and 14 20, The provisionfi of sections 13 and 14 shall apply to all

to apply,

pastoral lands in Class 111. as well as to all pastoral lands in

Class 11.

PART TV. PART IV.

RESUMPTIONS.

Proviaion iorrr~aump- 21, As regards all ffuture pastoral lcases, tllc Governor, during

tion.	the currency of any such lease, by Proclamation published in the
Govenzment Gazette, may dctcrmine such lease and resume possession of the lands leased, subject to the following conditions :-

I. If such lands shall be required for the purposes of any railway, road, or public work, one calendar month's written notice of the intention to resume shall first be given to the lcssce, and by publication in the Govermnent Gazette :

11. If such land shall b e required for any other purpose, three years' written notice shall first be given to the lessee and by publication as aforesaid.

Existing powers. 22.

As regards all existing pastoral leases, all existing powers of resumption shall continue.

PART

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The Pastoral Crown Lands Amendment Act. -l88 4.

PART V. PART v.

AUCTIONS.

23, Leases offerccl for sale by auction, pursuant to this Act, shall Mode of sale.

be offered at an upset annual rent, and at u premium, whcre a premium is provided for by this Act, and the bidding shall be on the annual rent and in advance of the upset annual rent; and the first year's rent shall be paid on the fall of the hammer, and all pay- ments of rent reserved by a new lease made by a pastoral lessee pursuant to section 10 in exoneration of tlle purchaser of such now lease, shall be credited against the rent falling due under such new lease after the first year.

24. No lease shall be offered for sale by auction, pursuant to this Notice.

Act, until the expiration of two calendar months after thc Commis- sioner shall have caused notice of such auction to be published in thc Gazette ; nor as regards any pastoral lease under Class I. until the report of Pastoral Board and the plans sliowing the area and value of improvements comprised in such lease shall have lain four- teen days before both Houses of Yarliamcnt.

PART VI. PART YI.

VALUATIONS.

25, Every valuation as to 'ental provided for by this ,4ct shall Mode of valuation.

be madc by somc person to be appointed by the Governor, and thc amount thereof shall be subject to approval by the Governor; all other valuations shall be made as provided by section No. 29 of

The Crown Lands Act, 1878."

26. I n fixing rent by valuation regard shall be had to the Valuation for rent.

capacity of the land for dcpasturing stock, its proximity and facilities of approach to railway stations, ports, rivers, and towns, and other	circumstances of situation affecting its value, and also, as to Class
I. only, to the improvements thereon; but in no case shall a less annual rent be fixed than Two Shillings - and Sixpeiicc per squarc mile.

v PART VII. PART VII.

IMPROVEMENTS.

27, X o payment or valuation shall be made, pursuant to this Act paPent a,

in respect of any improvements, nor shall any improvements be improyements.

considered, pursuant to this Act, unless the C'omn&sioner shall be

satisfied that the same were made bond Jide for the purpose of

improving the land or for increasing the carrying capacity thereof,

and unless the same shall consist of wells, reservoirs, tanks, or dams

of

The Pastoral Crown Lands Amendment A c t. 1 8 8 4.

of permanent character, and available for the use of cattle or sheep,

and which increase the carrying capacity of the land lcased, or n i

fences, substantial huts, sheds, and b~iildil~gs erected for residcim or

shearing purposes.

Fencing paid for by 28. No payment for impmvemcnts sllall in any casc be made in

reduction of	rent.	respect of fencing to the extent of which a reduction of rent shall
have been made pursuant to any Crown Lands Act.

Notice of improve- 29, Every lessee who shall claim any payment in respect of any

ments.

improvements to be made hereafter, shall, before making the same,

if conveniently practicable, and if not, with all reasonable dispatch,

give written notice to the Commissioner, stating the nature and

position and probable cost and date of completion thereof.

Only one payment to	30. As regards csisting leases, the payments in respect of im-
be made for same

improvement. provements provided for by this Act are in addition to any payments to which, under any Crown Lands Act, any lcssee is or may become entitled; but so that no lessee shall be entitled to more than one payment in respect of the same improvement.

Time	for payment.	31. All paymcnts in respect of improvements to which any lessee shall become entitled pursuant to this Act shall bc paid within six calendar months after the expiration of the lease or the resumption of the lands entitling the lessee to the payment, or on the lessee ceasing to occupy the lands lcased (except under n new
lease), or res~med, whichever shall last happen.

PART VIII.

COMPENSATION- FOR LOSS OF LEASE.

Certain increased 32. No compensation for loss or depreciation in the value of any

value not to be

included. lease shall in any casc include or take into account any increased value given to such lease by reason of any public works osecuted after the granting of such lease,

Time for payment. 33. The amount payable for compensation for loss of or dcprc-

ciation in the value of any lease shall be paid within one ycar after

the resumption occasioning the loss or depreciation.

PAEl' IX.

MISCELLANEOUS.

Appointment of

Pastoral Board, 34. The Government shall appoint a Board, to be ctdlerl the

Pastoral Board, and to consist of three rne1nber.s; i ~ t ~ d such Board

s il all

47" & 48" VICTORIE, No. 321. -

The Pastoral Crown Lunds Amendment Act.-1884.

shall, in such manilcr as they shall think fit, investigate the matter.

PMW

and from time to time report to the Commissioner as to the size of

the block of which leases should be offered for sale.

be granted shall bc executed in counterpart by the lessee, and shall lenses, 35. Every pastoral lease of pastoral lands which shall hereafter General terms of

contain such exceptions, reservations, covenants, terms, and condi- tions necessary or propcr for giving effect to the provisions and purposes of this Act, or not inconsistent therewith, as the Governor may see fit to require.

36. The powers conferred by the sections

42, 43, alld 44, of The Certain sections of Crown Lands Act to

Crown Lands Act, 1878," shall apply to all	pastoral lands, whether apply.
now leased oz. hereafter to be leased.

any time enter upon any pastoral lands for the purpose of survey- sioner. 37. The Commissioner, or any person authorised by him, may at Powers of Commis-

ing or inspecting the same, or making any valuation, or for any other purpose which the Commissioner may deem convenient or desirable for the purpose of giving effect to this Act or any Crown Lands Act.

38. In any case, in which it shall be shown to the satisfaction Extension of ~tocking

of the Commissioner that the performance or satisfaction, within the time appointed, of any covenant with reference to stocking contained in any pastoral lease, would occasion great hardship to the pastoral lessee, and that the pastoral lessee has bond fide endea- voured to perform or satisfv such covenant, the Commissioner may in his discretion extend the pcriad for performing or satis- fying such covenant for such period and on such terms and conditions as he may think desirable.

39. The Commissioner shall cause a return, showing the par- Return of extsn~iona.

ticulars and grounds of every such extension, to be laid, within one	month after granting the same, before both Houses of Parliament, if
Parliament be in session, but if not, then within one month after the next meeting of Parliament.

40. From and after the passing of this Act the provisions of the Fencing ~ c t to apply

" Fencing Act, 1865," shall apply to all Crown lands leased under

this Act for pastoral purposes: Provided always that in the application of such Act to any Crown lands so leased the word " fence " shall mean any fence ordinarily capable of resisting the trespass of cattle or sheep."

41. The power of making, altering, and varying regulations Regulations,

conferred by the Crown Lands Acts shall extend to any such regu- lations as the Governor may deem advisable for regulating and defining the mode in which the valuations hereinbefore provided for shall be made, for providing for the construction and preservation

of boundary fences and fencing of roads or tracks over the lands

B-321. demised

47' & 48" VICTORIE, NO. 321. - p

The Pastom l Crown Lands Amendment Act.- 1884.

PART IX. demised under this Act, and the erection of gates or other means of entrance to or exit from such lands, and for generally carrying out the objects, purposes, and provisions of this Act.

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

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