The Advances to Settlers on Crown Lands Act Amendment Act 1911 (SA)

ANNO SECUNDO

GEORGII V REGIS.

A.D. 1911.

No. 1032.

An Act to further amend " The Advances to Settlers on Crown Lands Act, 1908," and for other purposes.

[A s s e d e d to, Decetnbev 7th, rprr .l

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

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

1, (1) This Act may be cited alone as " The Advances to Settlers short title.

on Crown Lands Act Amendment Act, 1911."

(2) The Advances to Settlers on Crown Lands Act, 1908 " No. 960 of 1908.

(hereinafter called " the principal Act "), and this Act may be cited	together as " The Advances to Settlers on Crown Lands Acts, 1908
and 1911."

2, This lict is incorporated with the principal Act, and the Incorpomtion with

principal Act and this Act shall be read together as one Act. principal Act.

3, The Advances to Settlers on Crown Lands Act Amendment Amending Act, No. 994 of 1999, repealed.

Act, 1909," is repealed.

4. The definition of " Crown lands " in section 2 of the principal Definition ofc6 Crown

Act is repealed, and the following definition is hereby substituted in the place thereof, namely :-

G Crown lands " includes-

(a) Crown lands within the meaning of " The Crown Lands NO. ~f 1903.

Act, 1903."

1 0 5 ~ (b) Lands

2 O GEORGII V, No. 1052.

The Advances to Settlers on Crown L a n d s Act Amendment Act.--1911.

( b ) Lands belonging to the Crown which are subject to agreements or leases granted by or on behalf of the Crown under any Act or otherwise, including (though without limiting the effect of this definition) lands

No. 953 of 1908.

subject to leases granted under " The Irrigation and

Reclaimed Lands Act, 1908, " and

No. R30 of 1903. ( c ) Lands repurchased under Part X. of " The Crown Lands

No. 1032 of 1910.	Act, 1903," or '' The Closer Settlement Act, 1!)1(I," or any amendment of either of those Acts, or for the purposes mentioned in the said Part X. under any Act or otherwise.
Amendment of section

13 of yrincipal ~ c t. 5. Section 1;3 of the principal Act is hereby amended so as to read

as follows :-

Advances to settlers. 13 (1) Subject to the provisions of this Act, the Board may,

cf. W.A. A C ~ 60,

1909, 8. 4.

in its discretion, make advances to any settier on the prescribed

security for-

( a ) Making improvements on his holding, such as ring- barking, clearin g (including rolling or logging down and burning), grubbing, fencing, draining, erecting or making permacent water improve- ments (such as dams, wells, tanks, watercourses, windnlills, and the like), boring for water, erecting permanent buildings, or such other improvements as are prescribed; or

( b) Stocking his holding; or

( c ) Discharging any mortgage already existing on his

h oldin g.

(2) Advances may be made to a settler for the purposes mentioned in subdivision ( a ) of subsection (1) hcreof-

I. Of any amount, not exceeding Four Hundred Pounds, UP to the fair estimated aggregate value of such settler's lease or agreement and any improvements already made on his holding and those in the course of being made thereon. and

11. In case such fair estimated aggregate value is in excess of Pour Hund~ed Pounds, of any further amount, not exceeding Two Hundred and Fifty Pounds, up to three-fourths of the amount of such excess.

(3) Advances may be made to a settler under subdivision ( b )

of subsection (1) hereof of any amount, not exceeding Two

Hundred Founds.

(4) Advances may be made to a settler under subdivision ( c ) of sutsection (1) hereof of any amount, not exceeding three- fourths of the fair estimated aggregate value of his lease or agreement and any improvements already made on his

holding. (5) Notwithstanding

2" GEORGII V, No. 1052.

The Advances to Settlers on Crown Lands Act Amendme& Act.-1911.

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(5) Notwithstanding anything in this section-

( a ) When a settler's holding is held under "The Irriga- NO. 953 of 1908.

tion and Reclaimed Lands Act, 1908," the total amount of the advances under that Act aud this Act shall at no time exceed Six Hundred Pounds, and

(, b ) At no time shall the total amount of the advances

under this Act to any settler exceed Eight

Hundred and Fifty Pounds.

(6 ) When a holding is held by two or more persons, each of such persons shall, for the purpose of estimating the limit of the amount of the advances which may be made to him. be deemed to be one settler; and for the said purpose the improvements on such holdings, or in course of being made thereon, shall be deemed to belong to such persons in the proportions of their respective interests in the lease or agreement under which they hold.

6. When an advance has been made to a settler for the purpose Board to determine

of stocking his holding, such settler shall repay to the Board such ~ ~ ~ n ~ f ~ ~ ~; ; ~ t O f

advance, together with simple interest on the balance thereof for stocking.

the time being unpaid at the rate of five per centum per annum, cf. w. A. A c t l 5,

within such time and by such instalments and subject to such con- 1906, s. 34.

ditions a.s the Board may determine.

7, Section 19 of the principal ,4ct is hereby amended so as to Amendment of section 19 of principal Act.

read as follows :-

19. (l) When an advance has been made upon the security Perfecting security

of a mortgage of a holding the freehold whereof may under any over holding W hen

L%ct be acauired from the Crown. the grant in resaect of such subsequent to U

mortgage.

holding shall not be issued while such mortgage is in existence, for

excent to the Board, nor unless it bears an indorsement show- H o r n e s ~ ~ t. 1910.

I I

ing h a t it is subject to the mortgage.	a. 18.
(2) When an advance has been made upon the security of a mortgage of a lease over a holding, no fresh lease of the holding shall he issued while such mortgage is in existence, except to the Board, nor unless it bears an indorsenwnt showing that it is subject to the mortgage.

(3) When a grant or fresh lease has been indorsed as men-

tioned in this section, such grant or lease shall be subject to the mortgage as if it were expressly charged thereby; and, notwithstanding the provisions of " The Keal Property Act, No. 380 of ]EM.

1886," the Registrar-General shall make any entry in the Register Book which may be necessary for the purpose of show- ing that the grant or fresh lease is subject to the mortgage.

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

8. Section

2" GEORGII V, No. 1052.

The Advances to Settlers on Crown Lands Act Amendment Act.--191 1.

8, Section 20 of the principal Act is hereby amended so as to

read as follows :-

Power for Board

to acquire freehold.	20. (l) Where au advance has been made upon the security Act be acquired from the Crown, the Board may, at any time and notwithstanding the provisions of any 14ct, acquire the free- hold 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 atre necessary.
Amendment of section	of a mortgage of a holding the freehold whereof may under any
20 of principal Act.
(2) A11 payments so made by the Board shall be added to and become part of the mortgage debt, notwithstanding that the amount of the advance is thereby increased beyond the limits prescribed by section 13.
(3) The grant of the holding shall be delivered to the Board, and shall bear an indorsement showing that it is subject t o the mortgage, and thereupon the provisions of subsections (3) and (4) of section 19 shall apply in respect of the grant.

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

this Bill. .

DAY 13. BOSANQUET, Governor.

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Adelaide : By authority, R. E. E. Roams, Government Printer, North Terrace.