Pastoral Lands Act 1893 (SA)

Case
No judgment structure available for this case.

ANNO QUINQUAGESIMO SEXTO El' QUINQUAGESIMO

SEYTIMO

VICTORIB REGINB.

A.D. 1893.

No. 585.

An Act relating to Pastoral Lands.

[Asse~tted

to, December 2374 1893.1

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

and IIouse of Assembly, in this present Parliament assembled,

BE

tralia, with the advice and consent of the Legislative Council

as follows:

PART

I.

PART

I.

PRELIMINARY.

1. This Act may be cited for all purposes as '' The Pastoral Shorttitleand Act, 1893," and, &crept so far as inconsistent therewith, shall be incorporation. incorporated and read as one with The Crown Lands Act, 1888,

A-686

hereinafter called the K principal Act."

2, This Act is divided into ttvelve parts, relating to the follow- Division of ~ c t

into

ing subject matters:

parts.

PART I. Preliminary:

PART rr. Constitution of Pastoral Board':

-

PART

1x1. Mode of Offering Pastoral Lands:

PART

IY. Application for and Allotment of Leases:

PART v. Terms and Conditions of Leases:

PART VI.

Improvernent~

:

PART

VII. Occupation by Outgoing Lessee, and Possession by

Incoming Lessee:

PART

56" & 5 7 O VICTORIW, No. 585.

-. " -.

IT7ze Pastoral Act.- 18%.

PART

1.

PART

VIII. Special Ideases

to Discoverers, or for Inferior Country.

-

PART IX. Rent Valuations and Re-valuations:

PART X. Resumptions:

PART XI. Surrender of former Pastoral Leases and Rights for

Leases under this Act:

PART

XI

I. Miscellaneous.

Repeul.

3, Sections 6, 7, 8, 9, 10, 11, 12, 24, 2.5, 26, 27, 29, 30, 31, and 32 of I' The Crown Lands Amendment Act, 1890," are hereby repealed; but this repeal shall not ilfkct any right, interest, or liability already created, incurred, or existing, nor anything lawfully done or suffered under any enactment hereby repealed; and any proceeding in respect of anv such right, interest, or liability may be carried on as if this Act h a i not been passed.

Sections 61, 63, 66, 67, 68, 69, 70, 71, 72, 74, 75, 77,

and l70

of the principal Act, and sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 28 of "The Crown Lands Amendment Act, 1890," shall not apply to any lands leased pursuant to this Act, nor to any leases issued under this Act.

Interpretation.

4.

I n this Act-

" Crown Lands Acts" includes this Act and Act No. 602 of

1890:

'' Board " means the Pastoral Boaxd provided fox by this Act:

Pastoral lands " includes all Crown lands not included in any hundred, and also all laiids vested in the Crown and subject to any pastoral lease at thc passing of this Act:

Classes A, B, and C: mean the classes into which pastoral

lands are divided pursuant to section 6 of this Act:

Classes I., I I., and 3 11. mean thc classes into which pastoral lands

are divided pursuant t o section 56 of

tllc principal Act:

Run " means the land comprised in any lease under this Act;

and also contiguous lands, or lands worked togethw as one

run although not contiguo~s, comprised in two or more

leases under this Act held by the same lessee.

.

Power qf granting Pastoral Leases.

Pastoral leases

henceforth to be

5, The Governor may grant lcascs for pastoral purposes of any

e a n t e a y the cum- pastoral

lands, but no such lrnse shall hereafter be granted except

missioner.

in manner provided by this Act, or for the pul-pose of giving effcct

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

Classification o f Pastoral Lands.

Pastoral landsdivided

into three clasaes.

6. For the purposes of this Act, pastoral lands are divided into

three classes, as follows :-

Class

56' & 57' VICTOKIW, No. 585.

The Pastoral

A c t. 1 8 9 3.

Class A. including all pastoral lands in Uistrict A, as dencribed

PART

in Schcdulc C: to this Act:

Class R. Including all pastoral lands in District B, as described

in the said schedule:

Class C. Including all pastoral lands situate to the south of the twenty-sixth parallel of south latitude, and not included in Class A or B.

PART

11.

PART 11.

CONS'l'1TUTTC)N OF PASTORAL BOARD.

7, The Governor shall appoint a Board, to be called the Boardmay be

appointed.

" Pastoral Board," to deal with pastoral lands, and to exercise and

discharge the powers and duties hereinafter mentioned.

8, Such Board shall consist of three members, inclurlling the T o consiataf three

members.

Surveyor-General, or if there shall be no Surveyor-General, the Deputy Survey or-General, and t WO other persons not being Civil Servants to be nominated by the Commissiune~, whose remuneration shall not excced Four Hundrcd and Fifty Pounds per annuin each.

9, The Surveyor-General or Deputy Surveyor-General, as the Chairman.

C ~ S C may be, shall be PX o$icio Chairman of tho Board; hnt if he is not present at any meeting, one of the members present may, with the concurrencc of the other, act as chairman; and failing such concurrence the Comn~issioncr may appoint thc ch;tirnian.

10. Nominated members of the Board shall hold office for one Term of ofice.

year from date of appointment, and be eligible for re-appointment.

11, Two members of the I3oard shall be a quorum, ancl may Quorum.

exercise and discharge all the powers and duties of the Board.

which there shall be a difference of opinion shall be postponotl for power.

12,

I n case only two members are present, any matter upon Chairma.n's votins

considcration by a full Board.

13, Meetings of the Board may be held as the members may Meetinge.

determine, or as the Commissioner may rcqaire.

14, No member of the Board shall be eligible as an applicant, or Mcmbors of Board

be interested in any application, for a pastoral lease or the sur- inapplication.

not to be interested

render of a pastoral lease under this Act; and no member shall knowingly hear or deal with any application far a lease, or for the surrender of a lease, in which any partner or relative of'. his is interested.

15, If any member of the Board act contrary to section 14 in Penzlty.

any particular he shall be liable to a penalty not exceeding Five

Hundred Pounds.

16. Any

56" & 57@ VICTORIE, No. 585.

The Pastoral Act.- 1893.

-

-- --

-P

PART

XI.

16, Any lease granted contrary to section 1 4 shall be absolutely

Leaem gfanted

void, except as against a purchaser, not being a partner or relative

contrary to section

of

the member acting contrary to section 14, who shall purchase bonci

1 4 absolutely void.

Me for valuable consideration without notice of the offence having

been committed; but all premiums or other consideration received by such member, or his partner or relative, from anv such purchaser, shall belong to the Crown, and be recoverable from such member, partner, or relative, by the Commissioner or any person appoiuted by him, by action in any court of competent jurisdiction.

Members of Parlia-

ment not to be on

17, No member of the Legislative Council, or House of Assembly,

Board.

until he shall have ceased to be a member for at least six months, shall be a member of the I3oard; and any person while R member of the Board becoming a candidate for either House of Parliament shall cease to be a mcmbem of the Board.

MODE OF OFFERING PASTORAL LANDS.

Boardtofixboundaries

18, When any pastoral 1:lndu shall hereafter be intended to be

rent of run, and term

eubject to corn- leased the Board shall, subject to the approval of the Commissioner,

missioner's approval. determine the area and boundaries of the land to be included in the lease, the term to be granted, and the rent to be reservecl thereby. All pastoral lands in Schedules A, H, and C shall bc dcalt with by the Board under the provisioris of this Act: Provided that the Board shall not be bound to grilnt a pastoral lease of any land which may be considered suitable for agricultural purposes. I n fixing the size and boundaries of each least, due regard shall be paid to the natural features of the country, and so as to utilise the improvements and waters to the best advantage t o each lease as equally as possible.

B I ~ ~ S

may be S&-

19, The preceding section shall extend to authorise the sub-

divided.

division of lands then or previously included in any pastoral lease, in any manner in which the Board shall think fit, and also the in- clusion of any such lands in one or morc new leases, either alone or with other lands.

Board to fix amounta

20, If -there shall be any improvements on the land intended to fix the amount to be paid therefor as hereinafter* provided, dis- tinguishing between the amounts payable to the Crown and to the outgoing lessee.

payable f o ~

improve-

to

be leased the Board shall, subject to the approval of the Commissioner,

Commissioner's

approval.

On expiry of lease

21. Upon, or within twelve months before, the expiration by

land to be re-offered

under this Act.

effluxion of time of any pastoral lease all or such portion of the

land comprised in such lease as shall not be required for

any other purpose shall be re-offered for lease for pastoral purposes

under this Act.

22, Tfbe

56" & 5 7 O VICTORIE, No. 585.

The Pastoral

A c t. 1 8 9 3.

--.

- - -

-

-

PART 111.

22. The Commissioner may, by notice in the Government Gazette,

Declaration that

declare that any pastoral lands are open for leasing under this Act,

pastoral landa open

for leasing.

23, Thc ~~oticr?

shall, besides any othcr particulars the Corn-

Psrticulars to be

mentioned in notice.

missioner map think necessary, mention the area and situation of thc land, the tcrm, the annual rent, and the price t o bc paid for the inlpovernents (if any), and to ~ l 1 o m tlrc same is to be paid, and cost of valuation, and shall specify n date, not bcing less than thirty days after the first putdication of the notice, on and after which application S for. leascs may bc rcceivecl.

24.

The Commissioner may, by noticc in the Gouer?znzen

t Gazette,

Lands map be with- drawn from leasing.

withdraw any lands declared open for leasing. ant1 may subse- quently, by notice in the Go~xwzrneztt Gazette, again declare the same, or any part thereof, to be open for leasing under this Act.

25. If any lands shall be rleclarect open fbr leasing, but no applications shall be duly made thercfor within one month after

Leases unsold may be

offered a t reduced

rent and lower price

the date specified in the ilotice as afbresaid, or should all applica-

for improvement^.

tions received be rcjectcd or refused, tlic Commissioner mav, upon giving further notice in tli e G o v ~ r n m m t Gazette, offer such lands at

such

rent a n d rcduced pricc for improvements, or at such

rechxcwl I ent, or reduced price for improvemcr~ts as he may, with the advice of the Board, think proper: Provided that if the improve- mrnts belong to the lessee the price fur suc'h irriprwwmcnts shall not, except in case of depreciation, bc rcduced unless the rent is reduced proportionately,

PART IV.

AYPLIC14TION FOK AND ALLOrrR/IEN'l' O F LEASES.

243, L4pplicatio~~s

for leases shall be made to the Commissioner

Form of application

and amount of

in the prcscribcd form.

Each application shall be accompanied by

a, deposit equal to twenty-five per cerltum of the first pear's rent,

deposit;.

as notified in the Goz;erzzmcnt Gazette.

27. All applications for or including the same land, received

cations.

Simultaneous appli-

before or on the date specified in t,he Gazette notice, shall he dealt with as sirnrnltaneous applications, and after such date all apyli- cations received on the same day shall be dealt with as simultaneous application S.

28. Nothing in this Act shall be construed as implying that Lesseeofexpired

any lessee whose lease has expired may not be an applicant for and

lease may apply for

obtain a new lease of all or part of the lands comprised in his

expired lease.

29, All applications shall be referred by the Commissioner to Applications to be

referred to Board.

the Board, who sllall consider the same, and, subject to the approval of thc Commissioncl., shall determine to which applicants leases shall be granted. 30. If

56" & 57O VICTORIAZ, No. 585.

The Pastoral Act.-1893.

". .. -

-

-.

-.

- -

a

PART

rv.

30,

If more than one application for or including the s:me

When several appli-

cants for same land,

land shall be received, the Board may, snbject as aforesaid, arrange

Board may arrange

with the applicants for :I division between them, or any of them,

sub- division

of the land so applied for, and apportion the rent and amount to be

paid for improvements upon such subdivision.

Applications may be

refused.

31, No application shall necessarily be accepted, and any appli-

cation may be rcjccted.

Names of successful

applicants to be

32, Notice of the names of the successful applicants, together with particulars of the lands to be leased to them, and the rents and price to be paid for improvements, if any, and ally other particu- lars the Commissioner may think ncccssary, s l d l be published in the Got:ernnzent Gazette. All 1nont.y~ deposited by any nnsrtccessful applicant shall be paid to him within twenty-one days from the time of his application being rejzcted.

gazetted.

Successful applicants

to execute lease and

33, Every successful applicant, whose name shall be so gaxetled

make payment.

as aforesaid, shall, w i t h one month after the first publication of

such noticc, and in the manncr prescribed, pay the balance of the first year's rent a id, subject to sections 50 and 51, the purchase- money for the irnprovemcnts, if any; and shall cxccutc the least: within the time and in manner prescribed.

Forfeiture for non-

34,

Jf any successful applicant fails to comply with section 32

ccrnpliance.

he shall forfeit his deposit :111rl all other nlolic'ps paid by him in respect of thc land applicd for or the imlxo;ements thereon, and all right to a lease of' the lands, without prejudice nevertheless to any other rights or remedies thc Crown, or 'the Commissioner, may have against him by reason of such non-compliance.

Ynyinent of rent and

purchase money to

35, The successful applicant shall not he entitled to have the

precede execution of

lcnse executed by tlle Governor until payment of the first year's

lease by Governor.

rent and the purchnsc money for the improvemcnts (if any), unlcss,

as regards impr.ovexnents, the property of the C ~ W I I, he shall have

obtained the consent of the Commissioner for payment by instal-

ments; or, as regards improvements, the property of the outgoing lessee, a mutual agreement shall have beell entered into as herein- - after provided.

PART V.

TERMS AND CONDITIONS

OF LEASES.

Term of

leases.

36. The tern1 of any lease to be granted

under this Act shall not

exceed-

AY regards Ciasses A and B lands-Twenty-one

years:

As regards class C lands-Twenty-one

years, with a right of

renewal for a second term of

twenty-one years.

37. Everv

56" & 57' VICTORIE, No. 585.

Every lease shall be i n a form containing the covenants,

exceptions, reservations? and provisions mentionecl in Schedule A Form and

to this Act, subject to auy modifications or additions stated ill the conditions-

notice opening &e lands for leasing required by the Commissioner

for giving effect to this Act; and every such lease shall be prepared

by the Commissioner, and executed in such manner as may be pre-

scribed.

PART v.

37,-

38, No lease granted unclcr this &4ct shall authorise the lessee Sudace of land may

to carry on mining operations of any description wllatsoever upon adraobge.

be utilised to beat

his run, or any part t,hereof, but the lessee shall be at liberty to utilisc the surface of the land, or any part thereof. fbr pastoral purposes, or for m y purposes he thinks fit.

39. If any lessee of pastoral land situate in Class C shall desire ~ e n e w a l

of lease of

to exercise his right of renewal he shall, not less than twelve months Class C lauds.

before the expiration of the first tcrin, givc notice in writing of such

desire to the Commissioner, w h o shdl thereupon direct the Board

to make a revaluation of the run and cl termhe, subject to the

approval of the Commissioner, the to be paid by the lcsscc

during the secoxrcl term,

40, Such re-valuation shall bc completed not less than six months Re-valuation, whento

before the expiration of the first tern, and the Co~nmissioner

shall be made.

forthwith serve upon the lcssce notice in writing of the rent to be paid during such second term, and unless such lessee shall, within four mouths of such re-valuation and in lnanner prcscrjbed, signify to t,he Chmn~ission~r his willingnes~ to accept a rclnewal of his lease for such further term at the rent so notified, he shall be deemed to have absolutely waived all right to 11 renewal thereof, but not his claim for imp]-orements.

41, If the. lessee shall tidy signify his ~villinguess

to accept the

lessee accept terrna

renewal, the Cotn rnissioncr shall notify in the Gooonatnzt Gnr~ite

~ { ~ o ~ ~ ~ \ ~ ~ ~ e t t e d.

the renewal of the lease, and the rent to be paid d u r i n ~

the further

V

term, and such other part icula~.~ as lie shall think fit, and shall calzse an instrument of rcnewnl to bc prepared setting out the terms of the renewal, urd such instrument shall be oxecuted in such form, within such time, and in such manner as the Commissioner shall approve, or as may be prescribed.

4.2, Iluring thc interval between the notification of renewal and Until execution of

the execution of the instrument by him the lessee shall bbr: bound by ~~~~~~~~~~&~

the terms of such imtrument as if the same had been duly executed

by him.

-

PART

VI.

PART VI.

IMPROVEMENTS.

43, Within twelve months beforc the expiration by effluxion Taluationofimprove-

ments to be made

of time of any lease of pastoral lands granted mder this Act, a11

twelve

improvements before expiry of lease.

56" & 57° VICTORIW, No. 585.

The Pastoral Act.-1893.

improvements, if any, existing upon the land shall be valueci, so far as practicable, in detail, and their positioil indicated on a plan to be prepared by the Commissioner and signed by the

Commissioner and outgoing lessee.

Improvements to be

valuocl 011 basis of

44, No improvement shall be valued at a sum in excess of the

value to incoming

value thereof considered solely in connection with its worth to an

leasee.

incoming lessee as part of the irnprovements necessary to the work- ing of a run carrying 5,000 sheep in Class .A, 10,000 sheep in Class B, or 30,000 sheep in Class C, or a proportionate number of cattle, notwithstanding such area map be portion only of the run on which such improvement was made.

I n case of

disputc,

45, If

the Commissioner ancl the outgoirlg lesscc shall not within

valuation to be made

by arbitration.

six months before the expiration of the leasc agree us to the walue and position of any such improvements, a valuation thereof shall be. made by arbitrators, pursuant to the " Arbitration Act, 189 1," one arbitrator being by the Commissioner and the other by such lessee.

Date of appointment

of arbitrators and of

46. The date for the appointment of arbitrators shall be fixed by

award.

the Commissioner, by notice in the Government Guz~t te, and shall not Fe later than six rnonths before the expiration of the lease. The decision of the arbitrators or umpire shall be reported in

writing to thc C~ommissioncr and the lcssct: thrce months bcforc

the expiration of the lease, 01. within such f~lrtlwr time as the

Commissioner may allow.

Outgoing lessee to

receive payment from

47, Subject to the provisions of this Act, the outgoing lessee

new lessee.

shall be entitled to receive from the incoming lessee the value, as so determined, of all irnprovcmonts made or pukhased by him existing upon such portion of the outgoing lessee's run as may be comprised in the new lease.

All purchase-mone~

for improvements to

48. The purchase-money to be paid for itupvovernen ts by the

be paid in first

incoming lessee, whether afterwards payable to the outgoing lessee

instance to the

Commissioner.

or not, together with interest at the rate of five per centum per annum, on any amount overduc shall be a debt from the incoming lessee to the Commissioner, payable as hereinafter provided, and recoverable by action in any Court of competent jurisdiction.

Proceeds

49. The moncys received by the Commissiol~er

in respect of im-

ment improvements

to

credited to Loan prov~rncnts belonging to the Crown shall be paid by him to the

Fund.

Treasurer of the province and be held by him to the credit of the

Loan Fund.

Payments to out-

"

going lessee.

50. The moneys received by the Commissioner from the incom-

ing lessee, in respect of improvements made or paid for by the out-

going lessee, s l d l be paid over to the outgoing lessee, as herein- after provided, less a11 costs of and incidental to the recovery thereof,

and less all proper deductions for rent, depreciation, or otherwise.

51. If

56" & 57' VICTORIJE, No. 585.

Tile Pastoral Act.--1893.

- - --

-p

p

---

51. If the improvements to be paid for belong to the Crown, the

VI-

Commissioner may permit the lessee to pay the purchase-money Go~emmcntim-

therefor. with interest, by instalments according to the scale set ;

"

,

"

;F

;

;

;

9,:

forth in Schedule B; but in that case the lease shall contain, merits. in respect of such purchase-mor~ey or intcrcst as aforesaid; ancl also a provision that in the event of any instalments being unpaid for thrce months after any day upon which the same ought to he paid the purchase-money then remaining unpaid shall, at the option of the Commissioner, become instantly due, payable, and recoverable.

in addition to the covenants mentioned in Schedule A, covenants by

the lessee for the due payment of such instalments, and for the main-

tenancc of the improvcmcnts in proper rcpair to the satisfaction of the

52. If any outgoing lessee entitled to payment for improve- ~ u t

outgoing and

ments, and the incoming lesscc linblo to pay thc same, shall ,,ngeastopaymert

incoming lessee may

mutually agree touching the amount to be paid to the outgoing for improyemc.nta.

lesscc for thc improvements, and thc time and manner of p a ~ m e n t

thereof, and shah, within one month, by writing under i.heh- "hands

notify the Commissioiiei~ of snch mutual agreement, in such form and

manner as he shall approve, then, and in every such case, the purchase-

money for the improvements and all rights of action formerly vested

in the Commissioner in respect of such improvements shad1 thence-

forth be vested in and enforceable by the outgoing lessee.

53.

Nothing in t, l k Act contained sllall impose upon the Conz- Commissioner not

--

L

-

missioner any liability to mnkc any paymcnt in respect of any improvemwt moneys

bound to recover

improvements, except as expressly provicled by this Act, or shall or protect improve-

make it incumbent upon the Commissioi~cr, exccpt uDon receiving ments.

U

to his satisfaction a full and sufficient indemnity horn' the outgoing lessee, to require pay mcn t for improvements from any incoming lessee, nor to protect any improvements or the interests of any out- going lessee therein, furthcr or otherwise than as the Oonmkinncr,

in his discretion, shall think fit.

54, Xo lessee shall be entitled to m y payment on thc oxpira- Notice of improve-

ments.

tion of any lease issusd under this Act, or oa any resumption, in respect of any irnplovements made after the expiration of the first ten ycars of his leas^, unless, before making such improve- nients. he shall have given written notice to the Commissioner, stating tho i ~ a t u r ~, position, probable cost, and date of completiorl thereof, and such improvcmen ts shall have been sanctiolied by writing under the hand of the Commissioner: Provided that, where it shall not be conveniently practicable to give such notice prior to the making of such improvements, the lessee shall nevertheless bc entitled to payment for such improv~rn~nts if such notice shall have been given with all reasonable dispatch, and if the improvements shall be sanctioned by writing undcr thc hand of the Coltmissioner

pursuant to this Act in respect of any improvements, nor shall any ments to be paid for.

55. No payment or valuation shall be made on any resumption onlycerhinirqprove-

B-585

improvements

10 56" & 57' VICTORIB, No. 585.

The Pastoral Act.-- 1 893.

PART

improvements be considered pursuant to this Act, unless the

--

Board shall certify that the same are useful, and were made for the purpose of improving the land for pastoral purposes, or for increasing the carrying capacity thereof, and that the improvc- ments will have such effect, and unless the same shall consist of wells, reservoirs, tanks, or dams of a permanent character, available for the 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 required for, or in connection with, keeping live stock; and, in ascertaining the amount to be paid for improve- ments for fencing, there shall be deducted the amount (if any) previously deducted or retained in respect of such fencing under

any of the Crown Lands Acts.

Meaning,

56. For the purposes of this Act no value shall be attached to any improvement in excess of the value which would have been attached thereto by interpreting the word value " in accordance with the definition contained in section 3 of Act No. 422 of 188'7.

Water appliances to

be deemed improve-

57, All machinery or appliances, which in the opinion of the board, arbitrators, or umpire making a valuation pursuant to this Act, shall bc'necessary for thc purpose of raising, -or distributing after raising, the water, which may be attached or appurtenant to any well, dam, tank, or reservoir to be valued under this Act, including all under and overground tanks and troughs, shall be deemed part of such well, dam, tank, or reservoir, and such board, arbitrators, or umpire, shall include such machinery or appliances in their valuation.

menta.

Incoming lessee to

recoup Commissioner

58. The incoming lessee, at the time and in tnanner appointed for the payment of the first year's rent, shall pay to the Commissioner the cost to the Commissioner, according to a scale to be prescribed, oE any valuation of thc improvements of the outgoing lessee made by the Commissioner, or to which the Commissioner shall be a

costs of valuation.

valuation made by the Board.

party, but no cost shall be charged to the incoming iessee for a

Lessees not destroy

or injure improve-

59, So long as any principal or interest money remains owing

ments while m m y

by any lessee for improvements it shall not be lawful for the lessee

owing f o r i ~ r o v e - to pull down or remove from the land, or knowingly suffer to be

ments.

pulled down or removed, or wilfully or knowingly destroy, damage, or injure, or sufkr to be destroyed, damaged, or injured, any permanent building, erection, or water improvement erected or made upon the lease n i t h u t the consent of the Cornmissioner in writing first had and obtained. Any person offending against the provisions of this section shall forfeit his lease, and shall be guilty of a mis- derneanor and punishable on conviction by imprisonmen t, with or without hard labor, for any term not exceeding two years.

PART

56" & 57" VICTORIW, No. 585.

The Pastoral Act.-1893.

PART

VII.

PART

YII.

OCCTTPATION BY OUTGOING LESSEE AND

POSSESSION BY INCOMING LESSEE.

60. If any interval shall elapse between the determination Outgoing lessee may

occupy run till

by ~Wuxion

of time of any pastoral lease and the commencement rcletting themof.

of the term of any new pastoral lease of the same lands or any part thereof, the outgoing lessee may continue in occupatioii of such lands during such interval at a rent computed at the annual rate last payable by him undur his lease and upon the terms and condi- tions thereof, except as hereinafter provided.

61. Every such outgoing lessee may also continue in occupation outgoing leaaee may

continue inoccupation

of such lands for a period of not cxcccding twelve months from the ,,,

after

commencement of the term of

any new lease thereof, b u t so that reletting.

from and after such commencement and during such continued occupation by him: he shall as regards the lands included in such new lease pay the re~l t reserved by and observe and perform the terms and conditions of such new lease, and cxoncratc thc incoming lessee therefrom.

62. Any outgoing lcsscc so rcrnaiuing in occupation shall keep outgoing leaeee to

all imyrovements npon the land leased in good order rand condition ulente, and

maintain improve-

to the satisfaction of the Chnmissioner, and shall allow the in- therefor.

coming lessee rent at the rate of five per centum per annum on

the amount paid by him for the improvements, and also reasonable

compensation, to be fixed by the board, for any loss or depreciation

in value of such improvements,

63, The purchase-money paid by the incoming lessee for the Outgoing lessee to be

improvements shall be paid to the outgoing lcssec when he shall after giving up

paid for improvements

give up possession of the land, but the Cornmissioner shall deduct possession.

therefrom and pay to the incqrning lessee the amount payable by

the outgoing lessee for rent or compensation for loss or depreciation

of such improvements as aforesaid.

PART VIII.

SPECIAL LEASES TO DISCOVERERS OR FOR

IN FERIOR

LANDS.

$4, If

the Commissioner is satisfied that any person-

Leases to discoverers

of pastoral countr

( a ) Has discovered any pastoral lands in Class C adapted for to

and to persona a d o g

,,

ab&ndonea

pastoral purposes; or

runs.

( b ) Has

56" & 57VVICTORI&, No. 585

pp

--

-

-

--

--

2%e Pastoral Act.--l 893.

PART

-VIII.

(6) Has applied for a lease under this Act of land situated in Class-A, B, or C, which, by reason of the presence of vermin thereon, had been previously abandoned, or had remained unoccupied for more than two years; or of land destitute of natural water;

the Governor may, notwithstanding that the land applied for may or may not have been declared open for leasing, gra~lt to such person a lease under this Act of all or any portion of the land applied for, at a pepper-corn rental for the krst fire yea,rs, and at an annual rent of One Shilling per square mile for the next five years, and Twoshillings and Six Pence pcr square milefor thc residue of the term, but subject to re-valuation as hereinafter provided, and in all other respects upon the same t e rm and conditions as other leases under this Act: Provided that every lcasc granted pursuant to this Act of land referred to in sub-division ( a ), shall be fbr fort y-two years without re-valuation, unless as provided in section 66, r~nd with no power of resurnption unless provided in sub-section I of section 72.

PART TX.

RENT YALUATIONS AKD RE-VALUATIONS.

Principles of fixing

ront.

65. I n fixing the rent of a sun, whether originally or by way of revaluation, regard shall be had to-

( U ) The carrying capacity of the land for depastnring by stock:

( h ) The value of

the land for agricultural or other purposes:

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

(d) All other circumstanccs affecting the value of the land to a ports, rivers, and markets:

lessee.

Minimum rent.

66, The annual rent, except as provided by section 62, shall

not in any case be less than Two Shillings and Six Pence per square mile of land leased, nor less than TWO Pence per head of sheep, excepting in Class C, where it shall not be less than One Pennp per head of shcep: computed according to the carrying capacity of the run, as determined by the Board, five head of shcep being considered equivalent to one head of cattle, and in every case

the board shall fix the rent irrespective of the value of any im-

provements which any lessee shall have made or paid for, and which

shall not be the property of the Crown,

On renewal of lease

67, If

any lease shall be renewed for a second term of twenty

rent to be varied only

lib- one years, pursuant to this Act, the annual rent to be paid during

such second term shall not bc more than fifty per centurn above or

below

56"

57" VICTOKIW, No. 585

The Pastoral Act.-1893. "

below the rent payable during the last year of the first term of the -

PAXT

.--. - 1 ~.

,

lease: Provided that the rent may be increased during such second term by re-valuation in manner hereinafter provided.

88. If during the term of any lease or any renrwal thereof, ~

~

;

~

~

~

~

;

!

t

any railways, waterworks, reservoirs, or other works of' a public works.

nature, shah Le execrrted bv the Government on or in the vicinih of a

run, and by reason thereofd

the value of the run shall, in the o$nion

of the Conin~issioner, be enhanced, the Commissioner may direct tlre Board to make a re-valuation of the rim, or arly part thereof; and the Board shall thereupon n~ake such re-valuation, ancl determine, subject to the approval of the Cornmissioner, the amount, if any,

by which thc rent should be increased, and the dntc from which such

increased rent should be payable; and the Cornnlissioner shall

thereupon s m ~ e

notice of such increased rent upon thc lcsscc:

69. No such re-valuation shall bc rctrospcctive or bc made Re-n lua t ionnot to

be retrospective, nor

within five years after the cornrnerlcetnent of the original term, Or mode within certain

of the renewal or secwd term, of the lease, nor within ten years

after any previous rc-valuation.

appeal to

70. The lessee may, at any time within three months from the Lessee

Commiseioner.

service of such notice, by :lotice in writing, appeal to the Commis- sioner against such re-valuation, and thereupon the matter shall be determined by arbitratcrs pursuant to the "Arbitration Act, 1891," one arbitrator being appointed by the Commissioner, alrd the other by such lessee.

the arbitrators, and thereupon the rent thereby firrecl shall become thereof.

71. The Commissioner slrall notify the lessee of the decision of *ward, andnotice

payable, and bc paid at the rate ailcl from the date mentioned in the

notice.

72. If the lessee shall not, within the time and in manner ~

~

~

~

~

;

~

~

~

d

'

s

rent shall be paid by the lcsscc at the ratc and from the date

prescribed, appeal against the Board's re-valuation, the increased

,pecified in the notice of increase.

RESUMPTIONS.

pastoral lands, by notice publidled in the Government Gazette and any run,

73. Thc Governor may, during the currency of any lease of Governor may resum0

notice in writing forwarded to the lessee, resume possession of all or any part of the lands leased and determine the lease in so far as it relates to the land resumed: Provided that, except for any of' thc purposes mentioned in the first sub-section of thc next

following

56" & 57" VICTORIW, No. 585

The Pastoral Act.-1 893.

following section, no such land shall be resumed during the first ten years of the term of the lease wit.hout the consent in writing of

the lessee.

Notice to be given.

74, I n all cases of resumption under thie Act-

I. If the land shall be required for public works, such as railways, tramways, roads, bridges, public buildings, water conservation works, or the like, or as a site for a town or cemetery, or for mining, or for park lands, one month's notice of thc intention to resume shall be so given:

11. If the land shall be required for any other purpose one

year's notice shall be so given.

Compensation on

resumption.

75, If land included in any lease issued under this Act shall be resumed, the lessee shall, subject to the provisions of this Act, be compensated by the Government for the loss or depreciation in the value of the lease caused by such resumption, and also in respect of such improvements as he would have been entitled to payment for from an incoming lessee, if his lease had expired and the land had been selet as on the date of the notice of resumption.

Certain increased

valuo not to be

76, In computing the cornp~nsation to be paid in any case for loss or depreciation in the value of any lease granted undcr this Act, no increased value given to such lease by reason of any public works executed after the granting of such lease, shall be included

included.

or taken into account.

Time for payment of

77, The amount of compensation payable by the Government to any lessee, under this Act, shall be paid within six months after the resumption occasioning the loss or depreciation, provided the

compensation.

lessee shall then have given up possession of

the l m d resumed.

Valuation by

78, The amount of conipensation to be paid on any ksumption under this Act, shall, in case of' dispute or difference, be determined by two arbitrators, of whom one shall be appointed by the Com- missioner and the other by the party entitled to payment or corn- pensation. The provisions of the " Arbitration Act, 18!11," shall apply to every such arbitration, except in so far as such provisions may be inconsistent with this Act. The date for the appointment of arbitrators shall, in every instance, be fixed by the Commissioner by notice in the Government Gazette, and shall not be later than three months after the resumption of the lands; and the decision of the arbitrators or umpire shall, within three months after their or his appointment, or within such further time as the Commissioner may allow, be reported in writing to the Commissioner and the other party,

arbit ratore.

Lesseewhoserun has

79.

l f any lands included in ally pastoral lease shall bc resumed

been resumed to have

right to -ual

leases for the purpose of being included in any hundred, the lessee shall

have

56"

& 5 7 O VICTOKIE, No. 585.

The Pastoral Act.-1893.

have a preferential claim to an annual lease of any part of such

PABT X.

lands, which slm11 not be otherwise required or disposed of, during such residue of the term of his pastoral lcase as was unexpired at the time of resumption. Every such annual lease shall be granted pursuant to the provisions of section 83 of the principal Act.

80,

The proclamation of a hundred so as to comprise lands in- Proclamationofhun-

&red without resump-

cluded in any pastoral lease shall not, apart from the resumption tion not toaffect lease.

of the lands 'pursuant to this Act, affect the lease.

PART

XI.

PART XI.

SURRENDER OF FORMER PASTORAT, LE ASES AND

RIGHTS FOB LEASES UNDER THIS ACT.

81, Any of the following persons, that is to say-

Persons who may surrender leases or

(a) Any person entitled to, but who has not received, payment from the Government for improvements on any pastoral lands which were comprised in any expired pastoral lease issued mder any of' the Crown Lands Acts:

(b) Any lessee holtling. pastord lands under a pastoral lease

issued under any of such Acts:

( c ) Any person entitled under any of such Acts to or holding

a lease of any pastoral lands:

who shall be desirous of releasing his claitm to payment by the Government for improvements, or surrendering his lease, or right to a lcasc, as the case Inay be, and of obtaining in cotisideration thereof

a pastoral lease of all or part of the same lands under this Act,

shall, within three years from the czmir~g into operation of this Act,

give noticc in writing to the Commissioner of' snch desire:

Pm-

vided that this section arid the four next following sections shall not,

nor shall any of them, apply to any psstoral lands coniprised in Class I.

82. The Commissioner may refer such notice to the Board, who Surrender notice to

shall forthwith report to him the value of the improvements to pay- o report, &c.

be referred to Board

ment for which by the Government such persoil or lessee is, or on the expiration of the existing lcasc would be, entitled, the capacity of the land for depasturing by stock, its value for agricultural or other purposes, its proximity and facilities of approach to railway stations, ports, rivers, and markets, and all other circumstances 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 rent at which a lease u d e r this Act should be 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 Commis- sioner may refuse any renewal of such lease or leases, or any portion thereof.

83, The

16 C 56" & 57' VICTORIK, No. 585.

The Pa.siora.1 Act.-1

993.

PART

XI.

83, The Commissioner may adopt such recommendations, or alter

Commissioner may . or rary the same as he shnli think fit, and may, at his discretion,

offer new leaaa on cause the ne1.son or lcsscc to be notified of the term for which arid

terms.

rent at which a lease or leases, under this Act, might be granted in consideration of such release or surrender; and such person or lcssec may ther~upon within three months, or such further time and in such manmr as may 5e prescribed, notify his acceptance of such terms: Provided that the term of any lease so to be granted shall not exceed the unexpirecl period of the surrendered lease and the period limited by section 35 of this Act for lands in the same class, and that the annual rent rescrveci in the lease to be granted under this Act shall not be at s less rate than that payable under the surrendered lease, and shall be liable to be increased or decreased, upon re-valnation, as in the casc of othcr leascs uudcr this Act.

New lease to be

granted onacoeptsnce.

84. On receipt by the Commissioner of such notice of acceptance a pastoral lease shall forthwith he granted to and executed by such person or lessee at the rent and for the term mentioned in the Commissioner's notification, and in all other respects on the same terms and conditions as other pastoral leases issued under this Act, and such person or lessee, ss the casc may be, shall. $0 far as regards the lands to-be comprised in the ilew lease, be deemed to have-

(a) Released the Government from all claims and demands which

before such notice of acceptance hc had in respect of any

improvements upon such lands:

( 6 ) Released and tlischarged the Government from all rights or

claims on his part to a lease under any of the Crown Lands

Acts:

(c) Surrendered his existing lmsc and all rights, claims, and demands thereunder, whether to conlpcnsation for improve- meuts or otherwise, except his right to s new lease undcv this Act as aforesaid.

New lessee to receive

85, Thc lesscc unclev any slrch new leasc shall nevertheless be

payment for improve-

ments as i f made

entitled to the like conlpensation or payment for improvements

during the new lase. upon any resumption under this ,4ct, or upon the ~xpiration

of his

lease, to which an ordinary lessee under this Act would be entitled; and for the purposes of 'this section any improv~nlents in respect whereof thc lessee shall have surrellrlered or released his claims as aforesaid, and which may be of the like nature as impro~~cmcnts for which an ordiiiary lessee under this Act mould bc cntitled to com- pensation or payment as aforcsaid, shall be deemed to be irnprove-

mcnts pttid for by the lessee at the comrrlencement of

his lease.

Leases of contiguous

86. W

hen any pastoral lesscc holds several contignous blocks of

blocks.

land under leases expiring at different dates, the Governor may, with the advice of the Board, if he deems it expedient, accspt surrenders of such leases and issue a lease or lenses in lieu thereof,

expiring at or about the average datc of expiry of such leases,

notwithstanding such leases may be in different classes.

87. No

56" & 57" VICTORIAE, No. 585.

The Pastoral Act.- 18%.

87, No surrender of any lease hereafter granted, made pursuant to section 171 of the principal Act shall be of any force and effect Aasent of Governor

PART

XI. -

unless and until accepted by the Governor.

required to surrender.

PART

XII.

PART

XII.

MISCELLANEOUS.

88,

The Board may, by notice under the hand of the chairman Board may require

attendance of

or acting chairman, require the attendance of, and examine upon ,itneB,,

p,-

oath all applicants and other persons, and may require such appli- duction of documents.

cants or persons to produce to the Board all documents in their

possession, custody, or control relating to any pastoral land, lease,

or other matter or thing whatsoever which may be under the con-

sideration of the Board.

89. All persons whose attendance shall be so required shall be Expensesof witnes~es

paid by the Commissioner such witness fees and mileage as would miesioncr.

to be paid by Com-

be allowed for the like attendance as witnesses in an action in the

Supreme Court,

shall not duly attend the Hoard at the time and place appointed in attendance.

90, Any person whose attendance sllall be so required, and who Penalty for non-

the notice, or who shall fail or neglect to produce any document in his possession, custody, or control, of which due notice has been given shall, for every such offence be liable to a penalty of not exceeding Ten Pounds a day for every day on which such offence shall be committed or c0ntinu.e.

91, Thc provisions of sections 85 to 90, both inclusive, of the Provisione of prinoi-

pal Act a8 to travel-

principal Act shall extend to all pastoral lessees of lands in Class

C

,

l,, ,

,

,

,

and also to all other pastoral lessees holding under leascs granted on extended to lessees of

or since the seventeenth day of November, one thousand eight

Class C lands and

having the care and management of the lands subject to any such

hundred and eighty-six, and to all overseers and other persons

leases.

92, The Commissioner may give permission to any person to Commissioner may

road or within the limits of any corporation or district council, and

may l e t the right of depasturing on such road. Any pcrson injuring

or destroying any such gate, or not closing the same, shall for each

and every such offence be liable to a fine of not more than Fifty

erect gates on any road vested in Her Majesty not being a main lease roads. period not exceeding six months.

and any person authorised by him or them, may at any time lands

93, The Commissioner, the Board, and any member thereof, Powertoenter leased

enter upon any pastoral lands, fbr the purpose of surveying or in- specting the same, or making any valuation, or for any other purpose

C-586

which

I8

56" & 57" VICTORIW, No. 585

The Pastoral Act.-1 893.

PABT m.

which the Commissioner or the Board or any member thereof may

deem convenient or desirable for the purpose of giving effect to this

Act or any of the Crown Lands Acts.

Mmupialanotto be

$4, For the purposes of this Act, and in all leases or other

deemed vermin.

instruments issued thereunder, the expression vermin shall not be

deemed to include wallabies or other marsupials.

Governormwextend

95, If the leases of any pastoral lands which are held by together as one run, expire at different dates, the Governor may, if he considers it advisable so to do, and with a view to the simultaneous expiry of the leases, grant to the outgoing lessee a lease under this Act for a further term not exceeding three years, at an annual rental to be fixed by the Board, subject to the approval of the Commissioner, and not being less than the annual rental paid under the previous lease.

terms of leasea to

aecure-ulhneous

the same lessee, and which are contiguous to each other, or worked

expiry.

Annual report on

improvements.

Q$, The Commissioner shall furnish to Parliament every year a

report showing the names of the lessees to whom he has granted permission to make improvements and the value of such improve- ments.

Regulations.

97, The power of making regulations and imposing penalties conferred by the principal Act shall extend to. all such regulations as to the Governor shall appear necessary or advisable for regulat- ing the meetings and proceedings of the Board, and the appoint- ment, retirement, or dismissal of the members thereof, and for all other matters and things arising under and consistent with this Act, not herein expressly provided for, and otherwise for fully and effectually carrying out and giving effect to thc purposcs and powers of this ,4ct, and guarding against evasions and violations thereof.

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

this Bill.

S. J. WAY, Lieutenant-Governor.

VICTORIW, No.

The Pastoral Act.-1893,

THE SCEIEDULES REFERRED TO.

SCHEDULE A.

Section 36.

Pastoral leases shall contain a condition that the lessee shall not be entitled to

possession of the run until he shall have paid the first year's rent and paid or

arranged pursumt to this Act for payment of the price fo; the improven~ents (if auy).

Covenants by the lessec :-

( a ) To pay the rcnt annually in advance:

( b ) To pay all rates ancl taxes which may be payablc in rcspect of

the demiscd

premises during the term of the lease, or any renewal thereof:

( c ) To stock, within three years, the land leased, with sheep in the proportion of

at least five hcad, or with cattle in the proportion of at least one head, for every square mile leased, and to keep the same so stocked, and before thc end of the seventh year to increase the stocking to at least twenty head of sheep, or four lmtd of cattle, per squarc mile, and to keep the same so stocked during the remainder of the term and of any renewal thcreof, and so that the stocking with sheep and c:ittle combined shall be sufficient if the requisite number are kept, one hcad of cattlc being computed as equal to five head of sheep; and in all cases, upon being required thereunto, to furnish the Commissioner and the Pastoral Board with true particulars of the number of sheep and cattle with which tllc leascd land is stockell:

( d ) That the lessee mill not at any time during the last three years of the term of the lease, or of any renewal thereof, overstock the land or any part thcreof, or keep thereon any excessive number of sheep, cattle, horses, or other stock, which, in the opinion of the Commissioner or the Pastoral Iloard, would have the effect; of depreciating the ordinary capacity of the land for clepas- turing stock:

(e) To forthwith commence to destroy a i d keep the land free of vermin, to the satisfaction of the Commissioner or thc Pastoral Hoard, during the currency of the lease and any rcncwal thereof:

(f) Not to assign or mblet without the written consent of the Con~missioner,

hut

so that such con~ent

shall not be capriciously withheld:

( g ) Not to erect or suffer brush fences on the l m d leaucd:

( h ) To fill up rabbit burrows to the satisfaction of the Commissioner or thc

Pastoral Board:

(i) To destroy Bathurst bur and other noxious weeds (if anyj growing upon the land and upon the half width of Government roads adjacent thereto:

(j)

Not to cut timber, except for erections, fencing, or firewood, without the licence of the Commisbioner:

( A ) Not to obstruct or interferc with any public roads, paths, or wags, 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

(no) To observe and comply with the regulations for the time being in force under

this Act:

And in addition to such covenants-

(N) An exception or reservation in favor of the Crown, and all persons authorised, of all minerals, metals, gems, precious stones, coal, and ~nineral oils, together with all necessary rights of access, search, procuration, and removal, and all ineidentar rights and powers:

( 0 ) An unrestlicted right for the Crown and all pcrsons authorised to enter and

view the demised premises, and view the state and condition thereof, and to

serve notice on the lessee of any wants of

reparation, &c. :

(P) An

56" & 57" VICTORIR, No. 585

The Pastoral

A c t. 1 8 9 3.

(p) An unrestricted right for the Pastoral Board, Land Boards, and the members,

agents, and officers thereof respectidy to enter upon and examine the

demised land and premises:

(y)

A condition that, if rent be not paid on due date, a penalty of 5 per cent, or, if in arrear for one calendar month, then a penalty of 10 per cent., on the amount of the rent unpaid may, if the C:ommissioner think fit, be added:

( r ) A proviso, that if rent shall be in arrear for more than three months after due date, or if there has been a breach or non-performance of any of the lessee's covenants or conditions, the Commissioner may cancel the lease, subject to the provisions of this Act:

(S)

Provisions for the re-valuation or resumption of the demised land, or premises, or tiny part thereof, for increasing the rent upon re-valuation, and for compensation of the lessee on resumption, in accordance wi th the Acts and regulations for the time being on that behalf:

(1) Such leases shall also contain all such exceptions and reservations in favor of the Crown, the Commissioner, the Pastoral Board, 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 bc prescribed, or aR the Commissioner may require.

(U) All the above to be expressed in such form as may be prescribed.

Seetion 51.

SCHEDULE B.

Scale for Payment g I'ztroltase-nzoney for Improvements, the properfy of

the Crown,

where special Arrangenzent made, pursunnt to Section 50, shozoing the Annual I'ayments, i~tcludbg Interest at 5 pev Cent. per Anwm, to be mccde in respect of

every £100 of

the Purchase-money.

Years in

Years in

I /

Years in

Years in

which

which

Annunl

wbich

Annual

which

Annunl

Purchase-

Yu~cLtase-

payment,

Purchaee-

payment,

Purchase-

I'ayment.

moncy

money

money

to be Paid.

to be Paid.

, to be Paid.

--

--

S

S.

d.

2 G 2 2

3 6 1 0

4

5 19 8

6

5 18 8

6

5

15

G

7

6 16 7

8

6 15 10

9

5 1 4 0

10

11

12

--

Section 6.

SCHEDULE C.

District A.

Comprising all that portion of

the province south of pastoral blocks 584, 585, 586,

587, 579, and 535 ; south and east of portions of pastoral block 536; south of the production westerly of the northern boundary of .pastoral lease 2626, pastoral block 577, and the production easterly of it^ southern boundary to the north-west corner of county Hopctoun; south of the north boundary and west of portion of the east boundary of said county; south of portions of pastoral leases 233 and 239, pastoral

lease

No.

The Pastoral

A c t. 1 8 9 3.

-

-

lease 259, pastoral ‘blocks 387, 388, 391, and 392 ; west of portion, and south of pastoral block 349; west of pastoral block 354, and south of portion of said block; west and south of portions of pastoral lease 2765 ; west of pastoral lease 2943, and south of portion of said lease; west and south of pastoral lease 5170; wcst and south of portions of former pastoral leaoe 2195 ; north-west of portion, and south-west of pastoral lease 211; south-cast of portion of said lease; south-west of pastoral leaae 2303 and portion of pastoral leasc 210; north-west of portion, and west of pastoral lease 2777 ; south of portions of said lease; west and snuth of portions of pastoral lease 267; west of pastoral block 2 3 2 ~; north of portion of pastoral lease 2847; north and west of miscellaneous lease 2554; north and west of portions of pastoral lease 28.17; south of the production westerly of the northern boundary of pastoral lease 137 ; south of the northern boundary of said lease and of a straight line from its north-castern corner to the south-western corner of pas- toral block 491; south of portions of pastoral blocks 491 and 511; west of a true south line about fivc and a half miles east of Wudinria Hill Trigonometrical Station; north of an east and west line about six and a quarter miles south of said trigonometrical station; west of a true south line about twenty-one miles east of the east boundary of county Robinson; north of an east and west line about fourteen and a half miles north of the northern bomdary of county Musgrave; west of portion of the east boundary of county Robinson; north of portion of the hundred of Talia; east of the hundred of Downer and north of portion of said hundred; east of the hundreds of Wright and Witera; north of portion of the latter hundred; east of the hundreds of Campbell and Murray; east, north, and west, of the hundred of Tarlton; north of portion of the hundred of Scott; east of tllc hundrcds of Pinlayson and Haslam; south of portion, and east and north of the hundreds of Petina; east and north of the hundred of Hague; east of portion of the hundred of Guthrie; north of said hundred, and the hundreds of C'hillundie and Wandana; cast and north of the hundred of Goode, and west of portion of said hundred; north of the hundred of Mode; east of portions and north of the hundrcds of Catt and Bagster; north of the hundreds of Burgoyne, Cohen, Giles, Magarey, and Nash; east of portion of county Hopetoun; north of the production easterly of the north boundary of the hundred of Miller, slid portion of said hundrud; eaet and north of former pastoral lease 168.5; north of the production westerly of the northern boundary of said lease; and west of portion of county Hopetoun.

And all that portion of the province east of the wcst boundary of county Man- chester and its production northerly; south of portion and east of pastoral lease 2515; south of portion of pastoral lease 2433, pastoral lease 2 4 3 3 ~, former pastoral lease 2185, ancl portion of pastoral leasc 2339 ; south-west of portion of Lake 'l'orrens; wuth of the production of portion of the southern boundary of pastoral lease 98 easterly from the western to the eastern shore of said lake; east of portion of Lake 'l'orrens aforcanid; south and east of pastoral lease 280; east and north of pastoral lease 2318; north and east of portions of pastoral lease 2468; east of pastoral lease 2579, former pastoral lease 1840, and portion of former pastoral lease

lease 2156; south of pastoral lease 2435; west and south of portions of pastoral

183'3 ; south of pastoral lease 2426; west of portion and south of former pastoral

leases 2600 and 5185; west of portion of pastoral lease 63, pastoral leases 62 and 59, pastoral block 111, and pastoral leases 52 and 48; south of portion of the latter lease; west of pastoral block 132; north-west and west of pastoral lease 24; north- west of portion of pastoral lease 18; north-west and west of portions of pastoral block 58; north of portion of the hundred of Yednalue; east and north of the hundred of Arkaba; east of the hundred of Woolyana; south of portion and east of the hundred of Edeowie; east of the hundreds of Bunyeroo and Parachilna; east, north, and west of the hundred of Rilpena; west of the hundreds of Yarachilna Bunyeroo, and Edeowie; north and west of the hundreds of Cotabena and Warra- kimbo; north of portions and west of thc hundreds of Wyacca and Yarrslh; north of portion of the hnndred of Crozier; east of portion, and north and west of the hundred of Castine; south of ~or t ion of said hundred; wcst of portion of the hundred of Copley; north, west, and south of the hundred of Handyside; west of portion of the hundred of Gillen; north of portion, and west of the hundred of Jenkins; and north of portion of the south boundary of county Manchester; exclu- sive of the hundred of Carr.

Also all that portion of the province east and north of the hundred of

McCulloch;

east of portions of the hundreds of Kurilpa and Yednaluc; south of portion of pastoral block 58; south-west of ~ o r t i o n of pastoral lease 18; west and south-west

of pastoral lease 1 2. 1 ~

; west, south, and south-east, of portions of pastoral lease 121;

south

56" & 57' VICTORIJE, No. 585.

The Pastoral Act.-1 893.

- --p

south of pastoral lease 27 ; south, south-east, aud east of pastoral lease 29; south of portion of pastoral lease 41, pastoral lease 40, former pastoral leases 1574 and 1 8 ' 7 4 ~; west of portion of pastoral lease 39, and south of fence running easterly through said lease from the eastern boundary of former pastoral lease 2128 to near the 152nd milepost; west of portion of the eastern boundary of the province; north and west of former pastoral lease 2387; west of portion of former pastoral lcase 2289; north of pastoral lease 7, and mest of portion of said lease; north of portion of pastoral lease 227; north and west of pastoral lease lla; west of portion of pastoral lease 227; north-west of pastoral block 27, and portion of pastoral lease 227; north of pastoral leases 4 and 2 h; east of portion of county Kimberley; east of county Herbert, and north of portion of said county; east of the production northerly of the east boundary of thc hundred of Waroonee; and north of an east and west line

10 miles north of the hundreds of Waroonee, Minbur~a,

and portion of Yalpara.

Dist~ict

B.

Comprising all that portion of the province north of portion of District A; east and north of portions of thehundred of Yednalue; east, north, and west of portions of Ilistrict A ; west of portion of pastoral lease 2326; north and west of former pastoral lease 271 1; west and north of portions of pastoral block 599; north of portions of counties Jervois and Musgrave; east of a true north line about five and a half miles east of Wudinna Hill Trigonomerrical Station; south of portion of pastoral block 511, and pastoral block 486; mest and south of portions of pastoral block 1 8 7 ~; west and south of pastoral block 1 8 7 ~, and east of portion of said block; south of portion of pastoral lease 2832; south-east and north of Lake Gilles; north-east and east of pastoral block 183a; cast of pastoral leases 209, 2269, 2544, and the production northerly of the eastern boundary of the latter lease; east of portion of Lake 1facFarlanc; east and south of portion of pastoral lease 2695; ~011th of portion of pastoral lease 2389c; east of said lease, pastoral lea~es 2550, 2350, 2682a, 2682, 2644, and 2679; north of portion of the latter lease; cast of pastoral leases 2677, 2674, 2671; north of the latter lcasc; east of portions of pastoral leases 2634n, 2795, pastoral leases 2452, 2255; .south and east of portions of former pastoral lease 1845; south of pastoral lcase 2344, and portion of pastoral lease 2639; south and east of former pastoral lease 1888, and portion of pastoral lease 2639; east of portivn of pastoral lease 2 6 3 9 ~; south of former pastoral lcnse 286.5~; east of portion of Lakc Eyrc North; south of pastoral block 399, pastoral leases 2362, 2361, and portion of 2360; west and south of portions of pastoral leases 2842 and 2570 ; south of fornlcr pastoral lease 2916; eouth-west of portions of pastoral lease 2405, former pastoral lease 2918, and pastoral leases 2739 and 1 7 3 9 ~; south of pastoral leases 2773 and 2 5 8 9 ~; south and west of portions of pastoral lcasc 218; west and south of portion of pastoral lcase 2784; west of the eastern boundarips of pastoral lease 2979, portion

of pastoral lease 73 and pastoral lease 2 5 3 0 ~ ; mest of portion of pastoral lcase

2 5 3 0 ~, pastoral leases 2 4 9 7 ~, 2497, and 2794, pastoral block 5 15 ; west of pastoral

lease 247; south of portion of said lease; west of portion of pastoral lease 2542; west and south of pastoral lease 2645; south of pastoral leases 2499, 2514, 2240, 2985, and 5004.

And ali that portion of the pro~ince

east of portions of counties Burra and

Kimberley, and south of portion of IXstrict A., north of the hundred of Stuart; east of portion of said hundred; north-east of portion of pastoral block 275; north of the production wcsterly of the northern boundary of formcr pastoral lease 2 1 5 8 ~; north of said lease and former pastoral lease 2158; west of poition and north of former pzstoral lease 2161; west of portion of pastoral lease 1816; north of the southern boundary of pastoral lease 5193 and its production easterly to the western boundary of Chaffey Brothers' Irrigation Colony; west of portion and north of said irrigation colony to the eastern boundary of the province.

All that portion of the province south of county Alfred and portion of county Albcrt; east and south of the hundred of Bowhill; east of portion of the hundred of Ettrick; north of portion of former pastoral lease 2078; north of former pastoral leases 1876 and 2093; north and west of portion of pastoral lease 2553; east of portion of county of Ruccleuch; north of the hundreds of Cotton and Bews; west of portion of the hundred of Parilla; and north of said hundred and the hundred of Pinnaroo.

Also all that portion of the province north of portion of the hundred of Tatiarn;

north-east of a line seven miles north-east of and parallel to the line of railway from

Murray

No.

The Pastoral A c t. 1 8 9 3.

Murray Bridge to the Victorian border; east of portions of counties Cardwell and Buccleuch; and south of an east and west line fifteen miles south of the hundreds of Cotton, Bews, Parilla, and Pinnaroo.

Together with all those portions of the province east of portion and south of the

hundred of

Coolinong; cast of

the hundreds of Bonney, Glyde, Santo, and Neville;

north of portion of county Mac1)onnell; west of portion of the hundred of Wirrega;:

south and west of portion of tlrc hundred of Stirling and south-west of a line seven

miles south-west of and parallel to the line of railway from Murray Eridge to the

Victorian border; together with that portion of county MacDonnell not included

in any hundred.

The boundaries of the districts above described are approximately indicated on the plan hereto attached.

PLAN

-

p-

Adelaide : By authority, C. E. BRI~TOW,

Government Printer, North-terrace.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0