Pastoral Lands Act 1898 (SA)

ANNO SEXAGESIMO PRIM0 ET SEXAGESIMO

SECUNDO

VICTORIB REGINB.

A.D. 1898-9.

No. 712.

An Act relating to Pastoral Lands.

[Assented to, Janmwy 28th, 1899.1

E i t Enacted by the Governor with the advice and consent of

B the Parliament of South Australia, as follows:

1. This Act may be cited as " The Pastoral Amendment Act, snort titleand

1898-9," and shall be incorporated with The Pastoral Act, 1893," incO~mtiOn.

a The Pastoral Act Amendment Act, 1895," and The Pastoral Act Amendment Act, 1896," hereinafter respectively referred to as a the

Act of 1893," U the Act of 1896," and the Act of 1896."

712

2. The classification of pastoral lands is hereby abolished, so Abolitionof cts~sifi.

that- cation.

I. The term of any future pastoral lease shall be forty-two years, subject to a re-valuation of the rent for the second twenty-one years, except as to pastoral leases which have not been surrendered pursuant to the Act of 1896, and also all pastoral lands which are not certified by the Pastoral Board and approved by the Commisioner as un- likely to be required for closer settlement, in respect of which the lease shall be twenty-one years:

11. The rent under the lease shall be determined by the recom- mendation of the Pastoral Board, subject to the approval of the Commissioner, having regard to-

(a) The carrying capacity of the land far depasturing by stock:

( b ) The

The Pastoral Amendment A c t. 1 898-9.

( B ) The value of the land for agricultural or other purposes;

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

ports, rivers, and markets:

(d) All other circumstances affecting the value of the land to

a lessee.

Re-val~ations. 3, All provisions relating to re-valusttions and renewals of leases

in Class C under the Act of 1893 shall apply to all re-valuations and

renewels of leases under this Act.

Extension ,, f l ~ ~ ~ i ~ 4. Any lessee of pastoral lands in Class I., whether such lands

CI.W I,	are let on pastoral or miscellaneous lease, which have not been
surrendered pursuant to the Act of 1896, may obtain an extension of his lease for twenty-one years from thc first day of January, one thousand nine hundred, on the terms of his original lease, provided that-

1. The lessee shall give to the Commissioner notice of his desire to obtain the extension before the thirty-first day of I)e- cember, one thousand eight hundred and ninety-nine:

I r.

No extension shall be granted in any case unless recommended

by the Pastoral Board and approved by the Commissioner:

Irr. Particulars of each extension shall be laid before both Houses

of Parliament within fourteen days after the execution of the ex tension if Parliament is then in Session, and within fourteen days after the commencement of the next Session

if Parliament is not then in Session:

W. No liability shall be imposed upon the Crown or Commis- sioner in respect of any improvements effected after the date when the original lease would have expired, and any improvements in respect of which payment is provided for

by the original lease shall be inspected and scheduled at the date when the original lease would havc cxpired, and

shall be valued and paid for at the expiration of the ex-

tension, and any water improvements effected after the date when the original lease would have expired shall be paid for by the incoming lessee as provided in Part VI.

of The Pastoral Act, 1893,"

~mpro~mente	ou	5, Every pastoral lease hereafter granted shall, in addition to the covenants already provided for, contain a covcnant binding the lessee, in such form as may be prescribed, to expend in improvements on the land such sum, not exceeding Ten Shillings pcr mile per annum, as shall be recommended by the Pastoral Board, approved by the Commissioner, and fixed by the lease: Provided that such covenant shall cease so soon as there shall be at least Three Pounds per mile value in improvements on the land.
.future besea.

61" & 6z0 VICTORIW, No. 712. 8

The Pczstowl Amendment Act.-1898-9. -- --

6. No land now or hereafter used as a travelling stock road or Remrvm.

reserve shall be appropriated for any other purpose tinless--

T. Plans showing the road or reserve proposed to be so appro-

priated shall havc been first laid for sixty days before

both Houses of Parliament; and unless

11. Both Houses of Parliament shall within such sixty days

affirni a resolution that it is desirable that such road or

reserve should be so appropriated.

1893, 1895, and 1896, or either of them is hereby extended to the for surrenders. 7, The time for the surrender of leases, pursuant to the Acts of Extension of tlmee

- thirty-first day of December, one thousand eight hundred and ninety- nine.

8, No lessee, on the surrender of any lease pursuant to the Vermin-proofingpot to be deb~ted aga~net

Acts of 1893, 1895, or 1896, or this Act, shall, in the valuation l,,,,,. of any improvements valued against him, bc debited with the cost

of vermin-proofing any fence on such land to the extent to which

he has contributed towards making such fence vermin proof if he

shall have effected or paid for mch vermin-proofing prior to such

surrender.

9, All ba.rbed wire and netting by which any bounclary fence, be Wire paid and for netting by in- to

the property of the Chown, has been, or shall] hereafter be, vermin- wmiogleasoe.

proofed by the lessee at his own cost shall remain the property

of the lcssee, and shall, at thc ternlination of his leasc, be valued

as provided in Part VI. of Act 585 of 1893, and be paid for by

the incoming lessee.

10. The cost at the ncarest port or railway station of barbed f $ ~ ~ ~ ~ ~ ~ d

mire ancl netting required for vermin-proofing any boundary fence advanced.

may be advanced to the lessee bv the C~omrnissioner, on the recom-

mendation of the P a s t o ~ d ~ o a n 1, ~ o u t of moneys to br appropriated

by Parliament for the pwposc, in any casb in which the Com-

missioner is satisfied that the land is occupied and the lessce, owing

to the position of his run, is unable to avail liiinself of '' The Vermin

Districts Act, 1894,"

11. No such cost shall he paid until netting and barbed wire to the amount of such cost s t d havo Been actually utilised in vermin-proofing the boundary fence by the lessee to the satisfaction

of n Government inspec tor.

'12. All advances madc by the Commissioner to any lessee Repayment of

j~ursuant to thc preceding sections shall bear interest at Four Pounds per centum per annnrn, and the principal, with such interest, shall be repaid in twenty equal yearly instalments at the rate of Sewn Pounds Seven Shillings and Two Pence for every One Hundred Pounds advanced, and shall be recoverable as rent in

arrear

61" & 62' VICTORI&, No. 712.

The Pastoral Arnetdment A c t. 1 8 9 8 - 9.

anear under the lease. If the lease in respcct to which the advances arc made shall terminate whilst any irlstalrrlents remain unpaid such remaining instalments shall be payable at the termination of thc lease unless the incoming tenant (if any) shall agrcc to pay thc same; or the amount may be repaid by the lessee on giving six months' notice to the Commissioner of his intention so to clo.

Credit for advances

to be dlowed to 13, Any lessee who shall have received an advance for fencing,

incoming tenant.	pursuant to the preceding section, shall, until swh advance shall be repaid, allow similar credit to any person from whom he shall be entitled to recover any portion of the cost of such fence.
Commissioner

may erect vermin- 14, Vermin-proof fences may be erected by the Commissioncr

proof fences.

out of moneys to be appropriated by Parliament for the purpose,

and the cost and interest, as mentioned in section 12, may be

recovered from lessees benefited thereby as if rent reserved by their

leases, provided that-

I. A plan showing the proposed situation of thc fcncc, and also

the leases which will be bencfited thtwby, and the namcs of the lessees, and the proportion in which the cost is proposed to be chargecl to such lessees, shall first be laid before Parliamcnt for thirty clays, and sl~all be forwarded

to all ycrsons proposed to be r&d, and afterwards-

rr, I~csolutions shall be adopted by both Houses, approving of the

erection of the proposed fence,

Copy of plan to be 15, A copy of the plan referrcd to in the preceding section,

t vdence.

certificd by the Surveyor-Gcnerul, shall be conclusive evidence of the

liability of the lessees in the proportions stated.

Resumption.

16, No lessee shall bc cntitlccl ta xcqniic thc resumption of the

whole of the laud coml~riscd in m y lrme on nccorunt of resumption

of an artlil, iiot cxceeding one-tenth tllcreof for commonage rcsiclential

or other purposes inciclental to mining.

If any lands resunled for or in coiinectioi~ with mining, and

included in any pastoral lease, should be afterwards foullit to be ilot required for the purposes for whiclr they were resumed, the pastoral lessee shall have a preferential right to occupy such lands during the residue of his lease on terms to bc prescribecl.

I~essee s l~mnder 17, Any lessee of pastoral country held under any tenure what-

for new lease.

ever, other than under the Acts of 1893, 1895, or 1896, or any of tlm-n, and other than the lands in class I. referred to in section 4 of this Act, may, until the thirty-tirst day of I)ccember, one thousand eight hundred and ninetynine, give notice in wxiting to the Commissioner of his desire to surrender his lcase cm1 take in lieu thereof a lease under tlre provisioiis of this Act, and thcrenpon the Pastoral Board, with the approval of the Commissioncr, shall fix

the rent payable under snch ncm lcase, and notice in writing of such

re11 t

61" & 62' VICTORIE, No. 712.

The Pasto~.aI Am.en&nent Act,--1898-9.

rent having been fixed shall be forthwith given to such lessee, who may within thwe ~nonths thercof, or snch further time as may be

notify his acceptn~lcc of the rent so fixed, and thereupon

such suriw~dering lessce rhall 11e ciwmcd to hare snrrendered his existing ltnsc, and all rights, rlairns, and denlands thereunder, in- clncling all claim s to conlpens;t tion for improvements and otherwise, and shall be cntitlcrl to a new lease, which shall confer and entail

all the rights and privil~ges of this A ct, ancl of the Acts of 1893,

1895, m d 1896, as amended hereby:	Provided that the Com-
rnissione~. may, on the recommendation of	the Pastoral Board, refuse
to accept any such surrencler.

rcncicr or holds a lcase uiicler the Acts of 1893, 1593, or 1896 may, surrendering lessees. 18, Any kssect who has llcretofore exercised any right of sur- Extension to previoue

upon t hc rcromnenciation of the Pastoml Boarcl and with the approval of tilt: C'ornmissioncr, no twitlistantling such s~rreiider, avail himself of the provisioils of' this Act, and shall be entitled after surrenclcr- ing any existing lcnse to n new Icaw for thc full term which would b c jir;iritd to - l r i n ~ by virtue of this Act: Provided that snch

approval itl~d such assent bc npplicd for; t ~ d given bcfore the thirty-

first clay of I)eceml~sr, one t h o ~ ~ s a ~ i d eight h~uldrecl and ninety-nine:

F Y O ~ ~ C I E ( I i l h thitt the rent unclcr ~ u c h ncw lease shall not be in	excess of that payable by thc lessce had he not availccl hinlself of thc
provisioxis of this Act.

19. Any pastoral lesscc who holds a lensc granted under the Lesscqmay apply for

Acts of 1893, 1895, or 1139G, or citlicr of them, may, before thc rcduct~on	of rcut.
thirty-fiisst day of I)ecerril)~r, one thousinid eight hundred and i i i ~ ~ c ~ t y - r ~ i n c, . a ~ ~ l ~ ] i y for ;L rcduc.tion of rent nncl price to be paid for irnprovcrnents, ancl the Commissioner may, on the recommendation of the Yastoml Board, grant such reduction of' rcnt and rcbvaluc

such improvemcn ts.

20. 'l'flf.? area which may, p1trsu;int to scchtion 149 of the Gove~nor nlsp resumo

place where water

principal Act of 1888, bi: rcsurncd whcrc nnjr artcsiiin watcr mav bc ,, ,,, ,.,,

fbulld 01. C O I I S C ~ ~ Y cd b y t110 Ci or-crnincnt is hereby cx tmldcd from- one miles contiguous.

mile f o fi\ e miles: l '; -odtd that, i f such a r m be aftcrwards proposcd to be leased, thc lcssce or Iessccs of thc land adjoining sliall havc a preferential right to such lease to bc cxercise~l in manner prcc;cribed.

21. In the construction of this ikct "bo~uldary fence " nicans m y Meaning of

f a c r used as ail outer boundary fencc of any contiguous lands boL'ndaryfence.

ocrupied as one run.

22. No District council shall hcrcufter bc proclailned or formed not

to i n o l r d u pastoral

so as to incluclc within its limits any li~aci hclci undcr a pastoral lcase. 1uast.e.

23. Errors arc containrd in Srtlcdulc U to thc Act of 189.7, and ~ ~ ~ ~ ~ t ~ l ~ ~ ~ ~ a

the same is thc.refore 1.cl1calccl. aucl the Scheclule to this Act substi- tuted ttllrrefor as from &c pasrinq of the Act of 1893, and all leases <. si11r.c. granted shall be read accordingly.

24, Errors

61" & 62' VICTORIE, No. 712.

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

Correction of errors	24. Errors in sections 33 and 34 of Act 585 of	1893 are hereby
of Act of 1893.

amended in the following manner, viz. :-

Section 33-By striking out ( g 50 and 51" in line 4 and

inserting in lieu thereof 51 and 52."

Section 34-By striking out (' 32" in line 1 and inserting in

lieu thereof 33."

Certain sections of 25. Nothing in this Act shall cancel or affect the prcscnt opera-

Acts of 1893 and

1895 not to be	tion of sections 44 and 64 of " The Pastoral Act, 1893," and
affected.	sections 5 and 6 of " The Pastoral Act Amendment Act, 1895," but
Section 6 amended.	so that thc carrying capacities of the various rlasses stated in the said section 6 as five thousand, tcn thousancl, and thirty thousand sheep, shall be respectively increased to ten thousand, twenty thousand, and
sixty thousand sheep.
Date when concea-

sions shall be 26. All concessions to lesscrs authoriscd by this Act shall date

operative.	as from January first, one thousand eight hundred and ninety-eight.
Conditions of lease.	27. No covenants or conditions shall hereafter be inserted in any lease except such as are authorised by law.

In the name and on b~llalf of Her Majesty, I .hereby assent to

this Bill.

S. J. WAY, Lieutenant-Goveiw.

THE

The Pastoral Amendment Act.--1898.9 .

THE SCHEDULE.

Scale for Paymetzt o f Purchase-money for Inzprovenaents. the pruperty qf the Crown.

where Special Arrangement made. pursuant to Section 51 of Act 585 of 1893.

showing the A n n u a l Payments ill Advanre. 2.lzcltrdzng Intereat a t 5 per cent .

per Annum. to 6e made i n respect o f every S100 of tile Ptcrchnse.money .

m u a l Payment nnual Payment

Number of Payments. Number of Payments.

in Advance. in Advance.

.-p-. . . . .

. . . . . . . . .

Adelaide: By authority, C . E . BRIBTOW, Government Printer, North Terrace