Pastoral Lands Act 1893 (SA)
ANNO QUINQUAGESIMO SEXTO El' QUINQUAGESIMOSEYTIMO
VICTORIB REGINB.
A.D. 1893.
No. 585. An Act relating to Pastoral Lands.
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. |
PRELIMINARY.
1. This Act may be cited for all purposes as '' The PastoralShorttitleand Act, 1893," and, &crept so far as inconsistent therewith, shall beincorporation. incorporated and read as one with The Crown Lands Act, 1888,
hereinafter called the
K principalAct."
ing subject matters: |
PART I. Preliminary:
PART | - |
PART | |
PART |
PART
v. Terms and Conditions of Leases:
PART | Improvernent~ | : |
PART |
-. " -. |
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:
I. Miscellaneous. |
Repeul. |
Sections 61, 63, 66, | 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. | I n this Act- |
" Crown Lands Acts" includes this Act and Act No.
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
lands are divided pursuant to section
6 of this Act:
Classes I., I I., and |
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.
. |
Pastoral leases
henceforth to |
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. |
Pastoral landsdivided
into three clasaes. |
three classes, as follows :-
Class 56' & 57' VICTOKIW, No. 585.
Class |
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 |
CONS'l'1TUTTC)N OF
PASTORAL BOARD.
appointed. |
" Pastoral Board," to deal with pastoral lands, and to exercise and
discharge the powers and duties hereinafter mentioned.
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 Termof 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 | 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 mayMeetinge. determine, or as the Commissioner may rcqaire.
14, No member of the Board shall be eligible as an applicant, or Mcmbors ofBoard
be interested in any application, for a pastoral lease | 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 FiveHundred Pounds.
16.
Any
56" &
- | -- -- | -P |
void, except as against a purchaser, not being a partner or relative | |||
| |||
1 4 | |||
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. | |||
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 |
MODE OF OFFERING PASTORAL LANDS.
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. | |
be leased the Board shall, subject to the approval of the Commissioner, |
Commissioner's
approval.
land to be re-offered
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.
--.
- - - | - | - |
PART
111.
22. The Commissioner may, by notice in the | Declaration that |
declare that any pastoral lands are open for leasing under this Act, | pastoral landa open |
for leasing. |
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 specifyn 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 | 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.
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 |
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.
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.
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 applicationS.
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 |
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 | 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 |
If more than one application for or including the s:me |
When several appli-
land shall be received, the Board may, snbject as aforesaid, arrange | |
with the applicants for :I division between them, or any of them, | |
of the land so applied for, and apportion the rent and amount to be paid for improvements upon such subdivision. | |
cation may be rcjccted.
Names of successful
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 |
Forfeiture | Jf any successful applicant fails to comply with section | |
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
35, The successful applicant shall not he entitled to have the |
lcnse executed by tlle Governor until payment of the first year's | ||
rent and the purchnsc money for the improvemcnts (if any), unlcss, | ||
| ||
ments; or, as regards improvements, the property of the outgoing lessee, a mutual agreement shall have beell entered into as herein- - after provided. |
TERMS | OF LEASES. |
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 to this Act, subject to auy modifications or additions stated ill the 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. |
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 | |
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. |
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 |
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.
to accept the | lessee accept |
renewal, the Cotn rnissioncr shall notify in the | ~ { ~ 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. |
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 oflease.
56" & 57° VICTORIW, No. 585.
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 theCommissioner and outgoing lessee.
Improvements to be
valuocl 011 basis of |
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 |
I n case of | disputc, | 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 |
the Commissioner, by notice in the Government | |
writing to thc C~ommissioncr and the lcssct: thrce months bcforc | |
the expiration of the lease, Commissioner may allow. | |
Outgoing lessee to |
receive payment from |
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. |
for improvements to |
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 |
Treasurer of the province and be held by him to the credit of the Loan Fund. |
Payments to out- | " |
going lessee. |
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 |
---
Commissioner may permit the lessee to pay the purchase-money Go~emmcntim-
therefor. with interest, by instalments according to the scale set ; | " | , | " | ;F | ; | ; | ; |
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
outgoing and |
ments, and the incoming lesscc linblo to pay thc same, shall | 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 | -- | - |
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 | make it incumbent upon the Commissioi~cr, exccpt uDon receiving |
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. |
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 | 55. No payment or valuation shall be made on any resumption |
improvements |
10 56" & 57' VICTORIB, No. 585.
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.
| ||
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.
VII. |
OCCTTPATION
BY OUTGOING LESSEEAND POSSESSION
BY INCOMING LESSEE.
by ~Wuxion | of time of any pastoral lease and the commencement |
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.
of such lands for a period of not cxcccding twelve months from the |
commencement of the term of | any new lease thereof, b u t so that |
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 keepoutgoing leaeee to
all imyrovements npon the land leased in good order rand condition |
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 theOutgoing lessee to be
improvements shall be paid to the outgoing lcssec when he shall |
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
the Commissioner is satisfied that any person- |
,, |
pastoral purposes; or |
( b ) Has
56" & 57VVICTORI&, No. 585 | pp | -- |
- | - | -- | -- |
2%e Pastoral Act.--l 893.
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-sectionI of section72.
PART
Principles of fixing
( U ) The carrying capacity of the land for depastnring by stock:
the land for agricultural or other purposes: |
(c) The proximity and facilities of approach to railway stations,
lessee. |
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,
67, If | any lease shall be renewed for a second term of twenty | |
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
57" VICTOKIW, No. 585 | |
below the rent payable during the last year of the first term of the - | .--. - | , | |
lease: Provided that the rent may be increased during such second term by re-valuation in manner hereinafter provided. |
any railways, waterworks, reservoirs, or other works
of' a publicworks. 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: |
be retrospective, nor |
within five years after the cornrnerlcetnent of the original term, Or
mode within certainof the renewal or secwd term, of the lease, nor within ten years
after any previous rc-valuation.
appeal to
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 |
payable, and bc paid at the rate ailcl from the date mentioned in the
notice.
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 |
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
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.
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:
year's notice shall be so given.
Compensation on
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. | ||
or taken into account. | ||
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 | ||
|
79. | l f any lands included in ally pastoral lease shall bc resumed | |
have
& 5 7 O VICTOKIE, No. 585. |
The Pastoral Act.-1893.
have a preferential claim to an annual lease of any part of such | |
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. |
The proclamation of a hundred so as to comprise lands in- |
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.
XI. |
SURRENDER OF FORMER
PASTORAT, LEASES ANDRIGHTS FOB LEASES UNDER THIS
ACT.
(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 holdinga 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, whoSurrender notice to
shall forthwith report to him the value of the improvements to pay- | |
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.
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 whicharid
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 | |
before such notice of acceptance hc had in respect of any
improvements upon such lands:
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.
payment for improve-
entitled to the like conlpensation or payment for improvements |
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. |
hen any pastoral lesscc holds several contignous blocks of | ||
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%.
unless and until accepted by the Governor. |
MISCELLANEOUS.
The Board may, by notice under the hand of the chairman |
or acting chairman, require the attendance of, and examine upon | 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 beExpensesof witnes~es
paid by the Commissioner such witness fees and mileage as would | |
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 |
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.
pal |
principal Act shall extend to all pastoral lessees of lands in Class | , | , | , | , |
and also to all other pastoral lessees holding under leascs granted on
extended tolessees of
or since the seventeenth day of November, one thousand eight | ||
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 toCommissioner may
road 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 | |
| ||
enter upon any pastoral lands, fbr the purpose of surveying or in- specting the same, or making any valuation, or for any other purpose |
56" & 57" VICTORIW, No. 585 |
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. |
instruments issued thereunder, the expression vermin shall not be deemed to include wallabies or other marsupials. | |
the same lessee, and which are contiguous to each other, or worked | |
report showing the names of the lessees to whom he has granted permission to make improvements and the value of such improve- ments.
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:
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 ofat 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: |
( h ) To fill up rabbit burrows to the satisfaction of the Commissioner or thcPastoral 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 | - |
( I ) To make and furnish all such statements and returns as may be required byany 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 enterand view the demised premises, and view the state and condition thereof, and to
serve notice on the lessee of any wants of | reparation, |
(P) An
(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:
( 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:
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.
SCHEDULE B. |
Scale for Payment | 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 bemccde in respect of
every £100 of |
I / | ||||
, |
-- | -- | ||
2 G 2 2
3 6 1 0
| ||||
8 | ||||
-- |
SCHEDULE C. |
District
Comprising all that portion of | the province south of pastoral blocks 584, |
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 block577, 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, pastorallease
No.
- | - |
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 lease2765 ; 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 leaoe2195 ; 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 lease2777 ; south of portions of said lease; west and snuth of portions of pastoral lease267; west of pastoral block2 3 2 ~; north of portion of pastoral lease 2847; north and west of miscellaneous lease 2554; north and west of portions of pastoral lease28.17; south of the production westerly of the northern boundary of pastoral lease137 ; 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 aboutfivc 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 | |
leases 2600 and 5185; west of portion of pastoral lease 63, pastoral leases 62 and 59, pastoral block 111, and pastoral leases |
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
- --p
south
of pastoral lease27 ; 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 lease7, 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 and2 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. |
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 anda 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 leases2634n, 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 and2570 ; 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 | 2 5 3 0 ~, pastoral leases 2 4 9 7 ~, 2497, and 2794, pastoral block |
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 sevenmiles south-west of and parallel to the line
of railway from Murray Eridge to theVictorian 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 |
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0
0
0