The Advances to Settlers on Crown Lands Act 1908 (SA)

,4NiSO OCTAVO

EDWARDI V11 REGIS.

A.D. 1908.

No. 960.

An Act to provide for Advances to Settlers on Crown

Lands, and for other purposes.

[Assented to, December 23 rd, 1908.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as " The Advances to Settlers on snort title.

Crown Lands Act, 1908."

2. In this Act, unless a contrary meaning appears- Interpretation.

" Advance " means an advance made under this Act:

Agreement " means an agreement containing a covenant to

A-960

purchase Crown Lands:

a Crown lands" does not include any land repurchased under

the provisions of Part X. of "The Crown Lands Act,

1903," or repurchased for the purposes mentioned in the

said Part X. under any enactment or otherwise:

Deputy Surveyor-General" means the person for the time

being holding the office of Deputy Surveyor-General:

" Holding " means the land held by a settler under his lease

or agreement:

Land Board" means the Land Board under "The Crown Lands Act, 1908," and any Act amending that Act, or any Act substituted therefor:

Prescribed " means prescribed by regulations made under

this Act: Settler "

8" EDWARDI VII, No. 960. ..

The Advances to Settlers on Crown Lands Act.-1908.

" Settler " means the holder of a lease of Crown lands or of an

agreement, whether the original lessee or holder or a suc-

cessor in title of the original lessee or holder:

" Surveyor-General " means the person for the time being hold-

ing the office of Surveyor-General:

"The Board" means the Advances to Settlers Board constituted

by this Act:

" The Fund " means the Advances to Settlers Fund constituted

by this Act:

" The Treasurer " means the Treasurer for the time being of

the State:

" This Act " includes regulations made under this Act.

Advances to Settlere 3, A Board is hereby constituted under the name of " The

Board. Advances to Settlers Board."

Administration. 4. This Act and the Fund constitntect by this Act shall be ad-

ministered by the Board.

Members of Board. 5. (1) The members for the time being of the Land Board, the

Surveyor-General, and the Deputy Surveyor-General shall be the members of the Board.

(2) The Surveyor-General shall be the Chairman of the Board.

Incorpomtion of 6, The Board shall be a body corporate with perpetual successioil

Board. and a common seal, and be capable of suing and being sued, of

W.A. 16, 1906, S. 6. holding, leasing, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

Property held on

behalf of Crown.	7. The Board shall hold all property, all estates and interests in on account of the Crown.
Cf. Tas. 8, 1898, S. 6.	property, and all moneys acquired by them under this Act for and

Deputy member of 8, In case of illness, suspension, inability, or absence of any

Board.	member of the Board the Governor may appoint some other civil
Q. 24, 1901, 8. b.	servant to act as the deputy of such member during such illness, suspension, inability, or absence; and every such deputy shall, whilst he acts as such deputy, have all the powers and perform all
the duties of R U C ~ member.
Chairman to preside.	Q, (1) The Chairman shall preside at all meetings of the Board, but when the Chairman is absent from any meeting the members present may by the vote of the majority appoint one of their num- ber to be Acting Chairman, who shall preside over such meeting during the absence of the Chairman.
(2) The Chairman or Acting Chairman shall have a casting as well as a deliberative vote.

10. Two

8" EDWARDI VII, No. 960.

The Advances to Settlers on Crown Lands Act.-1908.

10, Two members shall form a a_uorum at any meeting of the Quorum.

Board.

11. (1) A Fund is herebyconstituted,to be called "The Advances to Settlers Fund."

Advances to 0ett.lers

Fund.

(2) The Treasurer shall set apart to the credit of the fund such loan moneys as are from time to time provided by Parliament for

Cf. C.L. Act, 1903,

8. 136.

that purpose, not exceeding Two Hundred Thousand Pounds in any

one financial year.

(3) All moneys received by the Board in repayment of advances shall be paid to the Treasurer and be placed to the credit of the fund and form part thereof. Moneys received by way of interest on advances shall be paid to the Treasurer and be applied in aid of the general revenue of the State.

(4) The Fund shall be held by the Treasurer and be applied to the purposes of this Act.

12, The Governor may from time to time, upon the recom- Ufflcera of Board.

mendation of the Board, appoint a secretary, an accountant, inspectors, valuers, and such other officers and servants of the Board as may be necessary for carrying out the provisions of this Act.

- 13. (1) Subject to the provisions of this Act, the Board may	Advances to aettlera.
make advances to any settler on the prescribed security for-	W.A. l h, 1906, e. 28.

Making improvements on his holding, such as ring-barking, clearing, grubbing, fencing, draining, erecting or making permanent water improvements (such as dams, wells, tanks, watercourses, windmills, and the like), boring for water, erecting permanent buildings, or such other improvements as are prescribed; or

( b ) Discharging any mortgage already existing on his holding.

(2) Subject to subsection (4) hereof, advances may be made to a value of the improvements (if any) already made on his holding	Cf., Q. 13, 1904,s. 3.
not exceeding Fifteen Shillings in the Pound of the fair estimated settler under paragraph (a) of subsection (l) hereof of an amount	and those in course of being made thereon.
(3) Subject as aforesaid, advances may be made to a settler under paragraph ( b ) of subsection (1 ) hereof of an amount not exceeding Twelve Shillings in the Pound of the fair estimated value of the improvements already made on his holding.
(4) At no time shall the total advances to any one settler exceed the sum of Four Hundred Pounds.

14. Every application for an advance shall-

Applications for

advance.

I. Be made to the Board, and in the prescribed form, and shall

contain such particulars as are prescribed:

Ir. Be supported by such evidence (if any) as is prescribed, or

as the Board requires. 15. (1) Any

8" EDWARDI VII, No. 960.

The Advances to Settlers on Crown Lands Act.-1908.

Advaacee by instal-

menta. 15. (1) Any advance may be made bv instalments, subject to

W.A. 16, 1906, e. 29.

anything prescribed in that behalf, as the improvements are being

(2) If at any time, in the opinion of the Board, any money advanced under this Act has not been applied for the purpose for which i t was advanced, or has not been carefully and economically expended, the Board may refuse to pay any further instalment of the proposed advance, and may at once call in the whole amount already advanced, whereupon the settler shall forthwith repay the same, and in default the Board shall have the same remedies for the recovery of the same as are provided by this Act for the recovery of sums payable by the settler.

secured by mortgage. mortgage or mortgages in the prescribcd form to the Board of the

Advance to be 16. (1) No advance shall be made except upon the security of a

Q. 241 l g 0 1 9 17. settler's lease or agreement, and his estate and interest in his holding, as well as of the improvements already thereon, and the improvements with respect to which such advance is made, with or without such additional security as to the Board may seem fit. The settler may, notwithstanding any enactment or law, or anything in his lease or agreement to the contrary, lawfully execute such mortgage or other security.

(2) The provisions of " The Bills of Sale Act, 1886," or aqy Act amending that Act or substituted therefor, shall not apply to any mortgage or other security executed under the provisions of this Act, or affect the validity of any such mortgage or security in respect of any chattels comprised therein.

Advanceaonb be

made on firat 17. NO advance shall be made on any property which is en-

mortgagee. cumbered by any previous mortgage or charge, other than a mort- gage or charge under this Act, or a charge in favor of the Crown;

w.A., 16, 1906, S.

31. but a second mortgage may be taken as collateral security.

Repayment of 18.

(1) For the period of fire years next following the date on which an advance is made, the settler shall pay to the Board

advance.

lbid, e. 33.

interest on the advance at the rate of Five Pounds per centum per

annum.

(2) Such interest shall be payable half-yearly, the first payment

to be made on the first day of the seventh calendar month com-

mencing next after the advance is made.

(3) If any advance is made by instalments, interest shall be calculated on' the actual amount of the several instalments of such advance from the date when such instalments are advanced.

(4) After the expiration of the said period of five years the settler sha.11 repay the advance to the Board by fifty equal half- yearly instalments, together with simple interest on the balance of

the advance for the time being unpaid at the rate of Five Pounds

per centum per annum.

( 5 ) The

8" EDWARDI VII, No. 960. --

---- -

The Advances to Settlers on Crown Lands Act.-1908.

( R ) The first of snch half-yearly instalments shall be paid on the first day of the sixth calendar month commencing next after the day upon which the last payment of interest is to be made under subsection (2) hereof.

(6) When any half-yearly payment required by this section is made within fourteen days next after the day upon which the same is required to be made a rebate of interest at the rate of One Pound per centum per annum shall be allowed to the settler.

(7) Any advance may, at the option of the settler, be repaid at

any time sooner than is herein provided, or be repaid in larger

instalments.

19. (L) When an advance has been made upon the security of a Perfecting security

mortgage of a holding the freehold whereof may under any Act be ~~~d~~~''.~n

acquired from the Crown, the grant in resl~ect of such holding shall suLsequentto

110i be issued while such mortgage is in existence until a rnGtgage '''*@ge.

of the freehold has been executed under " The Real Property Act, ~;~ldfsi~,"s.

1886," containing such covenants and provisions as are proper to

secure payment of the amount of the advance, together with interest

as required by this Act.

(2) For this purpose it shall be the duty of the proper officer of the Surveyor-General's Department to give notice to the Board that such grant is in his possession, and stating the name and last known address of the grantee, whereupon the Board shall call upon such grantee, by notice posted to such address, to execute such mortgage in f'avor of the Board; and if such grantee or his suc- cessor in interest fails within thirty days after the posting of such notice as last aforesaid to cxccute such mortgage, then the Chair- man of' the Board shall and he is hereby empowered to execute such mortgage in the name and on behalf'of the grantee, and such mortgage shall be binding against all claimants, notwithstanding any error in the address or the notice, and not.vvithstanding the

death, insolvency, lunacy, minoritv, or other disability ot or any assignment for the benefit of creditors or otherwise made by the mortgagor or any such successor.

(3) Notwithstanding the provisions of " The Real Property Act,

1886," the Registrar-General shall, upon production, register every

such mortgage so executed Fy such grantee or his successor in interest or the Chairman of the Board and duly indorse the grant L

according1 y .

(4) The Board shall be entitled to receive and retain possession of every such grant while such mortgage is in existence.

(5) All costs and expenses occasioned in giving effect to this section shall be borne by the mortgagor, and may, if the Board

think fit, be added to and become part of the mortgage debt.

' 20. (1) Where

6 8" EDWARDI VII, No. 960. --P

The Advances to Settlers on Crown Lands Act .1908. p-

Power "- 20, (1) Where an advance has been made upon the security of acquire freehold.

a mortgage of a holding the freehold whereof may under any Act

Ibid., 6. 36.	be acquired from the Crown, the Board may, at any time and not-
withstanding the provisions of any Act, acquire the freehold of the holding on behalf of the mortgagor or his successor in interest, and for that purpose may make all such payments to the Crown and otherwise as are necessary.
(2) All payments so made by the Board shall be added to and become part of the mortgage debt. notwith standing that the amount of the advance is thereby increased to more than Four Hundred Pounds.
thereupon the provisions of the next preceding section shall be (3) The grant of the holding shall he delivered to the Board, and
observed.
Breach of terma of

security to be breach 21, Any breach by the settler in any of the terms or conditions

of lease or agree.

of any mortgage or other security for securing the repayment of any

ment.

advance shall be deemed a bwacll of' the conditions of his lease or

Cf. C.L. Act, 1983,

agreement, and ahall rel~der the lease or agreement liable to be can-

S. 14s.

celled and forfeited in the same manner as Grown leases or agree-

ments where rent is in arrear.

Remedies for tecoveq

of instalmenh. 22. (1) I n addition and without prejudice to m y other remedy,

Cf. W.A. 15, 1906,

if a t any time any half-yearly payment required by this Act, or

S. 37.

any part thereof, is unpaid for thirty days next after the time appointed for the payment thereof, then, although no legal demand has been made for the payment thereof, the Board may enter upon the holding charged, or any part thereof, and recover the amount due by distress and sale of any goods and chattels on such holding, or sucll amount may be recovered i11 any Court of competent jurisdiction by action, in the name of the Hoard, from the settler of such holding for the time being.

land tobe	(2) If at any time any half-yearly payment required by this Act, or any part thereof, is unpaid for three calendar months next	after the time appointed for the payment thereof, then, although	no legal demand has been made for the payment thereof, the Board
may enter upon and take possession of the holding with respect to which the advance has been made, and may sell the estate and interest of the settler therein and his lease or aqreement, either by private sale or public tender or auction, and su6ject to any condi- tions of sale they think expedient, and after such notice of the time, place, terms, and conditions of sale as they may think just and expedient, and may transfer such holding and the lease or agreement to the purchaser and g i ~ e a good and valid title thereto.

Application of pro-	(3) The Board shall apply the proceeds derived from such sale in payment, in the first instance, of all moneys due in respect of such holding, and in redemption of any amount charged thereon in favor o l the Board, or of so much thereof as remains unpaid, and of all expenses incurred by the Board in relation to such sale or
eeede of sale.

otherwise

8" EDWARDI VII, No. 960.

The Advances to Settlers on Crown Lands Act.-1908. -- -.--p- . p -

otherwise with respect to such holding, and shall pay the balance (if any) to the persons appearing to the Chairman of the Board to be entitled to receive the same.

other security has been given under the provisions of this Act neceseary wpairr. 93. (1) rl'llc settler of any holding over which a mortgage or Mortgagor to effect

shall, during the continuance of the same, to the satisfaction of Ibid., 38.

the Board, keep in good and tenantable repair all buildings, fences,

fixtures, and improvements upon the holding comprised in such

mortgage or other security.

( 2 ) If after the expiration of two months' notice in writing by

the Chairman of the Uoard any settler has not complied with the

requirements of this section-

( a ) The like consequences shall follow as are provided by the next two preceding sections in case of breach of the terms or conditions of the mortgage or other security, or default made in the payment of any interest or instal- ment payable under the provisions of this Act; or

( 6 ) The Chairman of the Board, or any person acting with his

authority, may enter upon the holding and effect all repairs which the Chairman deems necessary; and the expense thereby incurred, with interest at the rate of Five Pounds per centuni per annum, shall be repaid to the Board by the settler on demand, and until repay- ment shall be a charge under the mortgage or other security upon the holding.

24. (1) As between the Board and the settler of any holding Conditionaannexed

with respect to which an advance has been made, the following toadmnces. to land while subject

conditions shall be imposed so long as such holding is subject to ibid.,	S9.
any charge in favor of the Board, namelj- :---

(a) Such holding shall not be sublet or let by such settler, nor shall his lease or agreement be transferred without the

consent of the Board:

( h ) Xvery sub-lease, agreement, and transfer contrary to the

provisions of this section shall be void and of no effect:

( c ) If such settler sublets or lets such holding or any part

thereof, or transfers his lease or agreement in contra- vention of the provisions of this section, the Board may cause the settler's estate and interest in the holding and his lease or agreement to be sold:

(d) When the title to the lease or agreement is devested from the settler under any law relating to insolvency, the Board may cause the settler's estate and interest in the holding and his lease or agreement to be sold:

(2) The provisions of section 22, as to sale and application of

proceeds of sale, shall apply to every sale made under the provisions

of this section. 26. In

8" EDWARDI VII, No. 960.

The Advances to Settlers on Crown L a d s Act.-1908.

Exteneion of time for

repayment. 25. In cases of hardship the Board may extend the time for

Cf. C.L. Act. 1903,

making any payment required by this Act: Provided that the

S. 147.

deferred payments shall bear interest at the sate of Five Pounds

per centum per annum.

Board to obtain

reporta ea to expen- 26. The Board from time to time shall obtain reports from the

diture of advanwe.

inspectors and valuers of the Board as to the maimer in which advances and instalments of advances have been expended and used by the settlers, and as to the state and condition of the im- provements for the purpose of which such advances and instalments have been paid to the settlers, and generally as to the state and condition of the holding in respect of which such advances and instalments have been paid.

Register of advauces

to be kept for 27. The Board shall keep a register or list of all advances, with

inspection.

the names of the persons to whom the advances have been made,

Cf. N.S.W. 1, 1899,

and also an alphabetical index of the names of such persons. Such

a. 11.

register or list and index shall be open to public inspection on the

payment of a fee of One Shilling.

Board to keep

accounts. 28. The Board shall keep accounts showing all operations on

Cf. C.L. Act, 1903,

the Fund, as well as all moneys paid to and received from each

S. 138.

settler to whom any advance is made, and such other accounts and

records (if any) as are prescribed.

Audit.

29. (1) The accounts of the Board shall, once at least in every

year, and also whenever so directed by the Governor, be audited by

the Commissioner of Audit.

(2) The Commissioner of Audit shall, in respect of such accounts, have all the powers conferred on him by " The Audit Act, 1882," and any Act for the time being in force relating to the audit of public accounts.

Balance-sheet and 30, I n every year the Board shall furnish to the Commissioner

report to be laid	of Crown Lands a balance-sheet and a report upon the operation of
before Parliament.	this Act, and every such balance-sheet and report, together with

the report of the Commissioner of Audit, shall be laid, as soon as
possible, before both Houses of Parliament.
Regulations.	31. The Governor may from time to time make regulations for all or any of the following purposes, namely :-

Cf. Q. 24, 1901, s. 26

N.S.W..	l. 1899.8. 14
.,

( a ) Regulating the procedure at meetings of the Board:

( b ) Prescribing the duties of the officers and servants of the

Board:

(c) Prescribing the mode in which applications for advances

are to be made:

( d ) Regulating the consideration and granting of applications:

(e j Prescribing what inquiries and valuations shall be made in relation to applications: ( f ) Adding

8" EDWARDI VII, No. 960.

The Advances to Settlers on Crown Lands Act.-1908. -- -- - - -

(.f) Adding to or altering the list of improvements for the

making of which aclvances may be made:

(g) Prescribing the mode in which the value of improvements

shall be determined:

( h ) Prescribing the forms of mortgages and securities to be

taken by the Board, and providing for the registration

of such mortgages and securities:

(i) Prescribing the records, books, ancl accounts to be kept by

the Board:

( j ) Providing for the receipt and payment of moneys under

this Act, and the safe custody of securities:

( k ) Prescribing the fees to be paid in respect of advances: ( 1 ) Prescribing anvthing wh .ich bv this Act is required to be or

may be :

(m) Generally for carrying out the objects and provisions of

this Act.

32. (1) A11 sorh regulations shall--

Publication and effect

of regulations.

(a) Be published in the G'otlernment Gazette ;

( b ) Take effect from the date of such publication, or from a

later date to be specified therein; and

(c) Be laid before both Houses of Parliament within fourteen days after publication if Parliament is then in Session, and if not, then within fourteen days after the commence- ment of the nest Session.

(2) Notwit,hstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved, either wholly or in part, by resolution of either House of Parlia- ment within thirty days after such regulation has been laid before	Parliament if Parliament is so long in Session: Provided that if	Parliament is uot in Session for thirty days after such regulation
has been laid before Parliament, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament.

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

this Bill.

CSEORGE R. LE HUNTE, Governor.

--P-- - - -- -

Addaide : By authority, C. E. BRIGTOW, Government Printer, North Terrace.