The Chaffey Brothers Irrigation Works Act 1887 (SA)

ANNO QUINQUAGESIMO ET QUINQUAGESIMO

PRIM0

A.D. 1887.

No. 397.

An Act to confirm an Agreement made between the Com-

missioner of Crown Lands, on behalf of Her Majesty's Government, and George Chaffey and William Benjamin Chaffey, with respect to certain Crown Lands and Irrigation Works.

[Assented to, November r6t4 ~887.1

HEREAS i t would be a great advantage to the Province of Premble.

towards the construction of irrigation works and the establishment of	W South Australia to secure the application of private capital
a system of instruction in practical irrigation: And whereas, for the
purpose of securing the above objects, the Commissioner of Crown Lands of the said province, for and on behalf of Her Majesty's Government of the Province of South Australia, has entcred into an agreement, copy whereof is set out in the Schedule hereto, bearing
date the fourteenth day of February, one thousand eight hundred
and eighty-seven, with George Chaffey and William Benjamin Chaffey, therein described as of Toronto, in Canada, and made subject to the sanction of the Parliament of the said province being obtained to such disposition of Crown lands and water rights as may be necessary for the purposes of the said agreement: And whereas i t is desirable that such sanction of the said Parliament should be granted and that the said Parliament should confirm the said agree- ment-Be it therefore Enacted by the Governor of the said province, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

8-397 1. In

2 50" & 51" VICTORIW, No. 397.

1 he Chfey Brothers Irrigation Works Act.-1887.

Interpretation. 1. In this Act, unless the context otherwise requires the term,

the Government " means the Governor of South Australia, or L'

administrator of the Government of South Australia, by and with

the advice of the Executive Council thereof,

Short title. 2. This Act may for all purposes be cited as The Chaffey

Brothers Irrigation Works Act, 1887."

A w m e n t declared 3. The aid agreement entered into as aforesaid, copy whereof is

valid, and Govern- set out in the Schedule hereto, and the execution thereof by the

&poae o f a ~ m Commissioner of Crown Lands of the said province, for and on

lands and water

@k, a d do JI behalf of Her Majesty's Government of South Australia, are hereby

ne""r~ carry-

ing into effect the

sanctioned and confirmed, and declared to be lawful and valid and

agreement.

of full force and effect from the day of the making thereof: And the Government may, for the purpose of carrying into effect the mid agreement, dispose of and set apart the Crown lands or any part thereof referred to in the said agrecment, and may grant such water rights and licences, and may issue and accept such grants in fee simple of any lands, and generally may do, execute, and perform all such acts, deeds, and things, and may exercise all such powers, rights, and discretions ss may be necessary with respect to the carrying into effect or may be exerciseable with regard to the said agreement.

Government may 4. The Government may, from time to time, make, alter, and

make rescind regulations in respect of all matters not specially provided fox in the said agreement, and for the carrying the said agreement into full force and effect.

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

Bill.

WM. C. F. ROBINSON, Governor.

THE

VICTORIW, No.

The Chufky Brothers hrigation Works Act.-1 887.

THE SCHEDULE REFERRED TO.

AGREEMENT entered into, the fourteenth day of Fcbruary, 1887, between the

Honorable James Henderson Howe, Commissioner of Crown Lands, of thc Province of South Australia, for and on behalf of Her Majesty's Government of the Province of South Australia, of the one part, and Georgc Chaffey and William Benjamin Chaffey, of Toronto, in Canada, hereinafter designated " Messrs. Chaffey," of the other part: Whereas it would be a great advantage to the province that the agree- ment hereinafter contained to serure the application of private capital to the con- struction of irrigation works and the establishment of a system of instruction in practical irrigation should be carried into effect.

1. This agreement is made subject to the sanction of Parliament being obtained to

such disposition of Crown lands and water rights as may be necessary, and the

Government will endeavor to Frocure such sanction.

2. In the cons~ruction of this agreement the following terms and words shall, if not inconsistent with, or repugnant to, the context, have the following meanings hereby assigned to them, that is to say-The term " Government " hall be deemed to mean the Governor of South Australia, or Administrator of the Government of South Australia, by and with the advice of the Executive Council thereof. The term " Irrigation works and substantial and permanent improvements," shall be deemed to mean and include the construction of irrigation works, fruit canneries, timber, working, and other plants, the erection of an agricultural college or colleges, and the construction and fixing of the necessary machinery used to work the same, the making of roads, railways, tramways, canals, water-races, drains, bridges, making and laying pipes or other conduits, clearing, fencing, planting, and growing fruit trees, or vines, or olive trccs, or other agricultural or horticultural products, and preparing the ground for such planting, the erection of substantial and habitable dwellings, and the erection of substantial buildings for the purposes of the operations to be carried on upon the said land, and all to the satisfaction of the Government,

Messrs. Chaffey in securing settlement upon the said block may be included within	and subject to the approval of the Government, the actual expenses incurred by
the term of substantial and permanent improvements.
3. I t is agreed that the Government will set apart, as hereinafter provided, the block of land, about 250,000 acres, upon or adjacent to the River Murray, as shown upon the plan hereto anncxcd, and therein marked I' @ " and " a," and colored respectively blue and purple.
4. That the full value of all improvements upon any part of the 250,000 acres t o be set apart under this agreement shall be paid by Messrs. Chaffey to the Uovern- ment wheu and as soon as the Government become liable to make to the holders of existing leases of the said lands any payment in respect of the same improvements, and the value, as ascertained in the ordinary and usual way between the Government and the pastoral lessees of the said lands shall, for the purposes of this agreemeent, be deemed to be the true value of such improvements.
5. That the Government reserve full power, notwithstanding the issue of any such licence as is in this agreement contemplated, to lay out and declare over and out of the lands comprised in such licence such roads and such reserves for travelling stock, and such watcr reserves, and such olher reserves for public purposes as the Govern- ment shall from time to time think fit: Provided that it shall be competent for the Government and Messrs. Chaffey to agree to the substitution for the water reserves reserved by the Government, or for any of them, of artificial water reserves to be constructed by Messrs. Chaffey on the course of irrigation channels.

6. That Messrs. Chaffey shall have the right to construct works upon any part of

the

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/ f ie Ch@ey Brothers IrrQation IVorks Act.-1887.

the block of land, which shall be set apart under this agreement for conserving and distributing waters f a the purpose of irrigating the said block, and also for the pur- lose of supplying water for domestic purposes within the area of the said block of t n d, and such works shall be subject to the approral of the Government.

7. Messrs. Chaffey hereby agree to expend in constructing the irrigation works mentioned in clause 6 of this agreement, and in rnaking ssnbstanti,il and permanent improvcmcnts and works to be appro~ccl 11y the Govcrnment on the said block of land during thc tcrm of twenty years from the datc licreof, the sum of 2300,000 in

the follon-ing instalments, that is to ha} -

During the first five years of the said term, $35,000.

During the second five years of the said term, £140,000.

During the third five years of the said term, $75,0L\O.

During the fourth five years of the said terms, f 50,000.

And Messrs. Chaffey hereby covenant tliat they shall expend the said sum of

f 3OO,OOO witkin the respective periods and in manner herci~lbcfore mentioned.

8. Thc Go~ernmcnt will cause a licencc to be irsued to Illcxsrs. Chaffcy, ,@ring them a right to occul~y 30,000 acrcs (to 1)c defined in such licence), part of: the said block and marked A and colored bluc in the plan hereto annexed, for tllc term of twenty years. One of thc provisions of such licence s l d l be that Messrs. Chaffey will, to the satisfaction of the Government, iinrnediat~ly after the granting of such licence, commence to destroy, ancl will continuc to destroy, in or on the licensed lands, all rabbits and all other animals and birds which by law are or may be declared to be vermin. Also a provision that Me~srs. Chaffej- will Ireep the irrigation works and substantial and pernlarlcut improvements constructed 011 the said licensed land in good repair and condition.

9. That the licence, which is to be granted, shall corltain a condition reserving to

the Govcrnmcnt the right to resume possession of any portion of thc lancls for the

purposes of makir~g railways, roads, t ra~n~vays, canals, reservoirs, mres. drains, upon giving compensation to the liccnsccs for any irrigation works and substantial and permanent in~pro.vements constructed by thcm tilcrcupon not exreeding the actual cost expenclcd thrreon, and in case of difference between the Govcrnment and the licensees such cost to be determined by arbitration. The l~cence shall also contain a condition giving to the holder of a miner's right, who shall have obtaiued the written permission of the Commissioncr of Crown Lands, power to enter upon and to mine for gold and silver in t11c licensed land, such miner filst ~ a l i i n g con~pcnsation ta the

liccnsccs for sl~rlace damage, such cunlpcnsation to be cletcrmincd by n ~varden of

goldfields or other pcrson to be appointed by tllc Go\ernment. Also the licence sllall

conlain a provision tliat so soon as t l ~ c liccwees shall have espcnclud in t l~c constuc-

tion of irrigation morlrs and substantial and permanent improven~ent s a sum of inoIlcy

equal to $4 pcr acre on any portion of the said lands, in respect of \~l i ich such licence shall have bcen issued, and if the Go\ernment be satisfied that Messrs. CIlaffey

intend to carry on this agreement in good faith and in a satisfactory manner the Government will cause a grant in fce simple of any portion of such lands being one	acre for every £4 so cspellded to bc iwued to the licensees without further consldera-
tion being given for such poltioll. The Government not to be buund to ibsuc any
grant for 1 ~ h s tlli~11 500 ~ C I ' C S, and the Governinont t u cletcrmine thr metes and bountls
of all pal.tions of land to be grantcd under s11ch piovision: Trubidcd that no gl-ant
shall issue under this agreement of any land u~ilcss and until water has been lccl to some point in and suitablc for the irrigation of each 500 acre arca of thc land proposcd to be conlprised in such grant.

10. That the Go~ernment will also cause to be issued to Messrs. Chafley a licence

to take water under the authority of the Government, so far as thc Government can authorise them to do so, in such quantity and under such conditions as the Govern- ment may hereafter determine. Mcssrs. Chaff'ey to covenant that thc water so to be obtained shall Le gathered and distributed by the irrigation works to be constructed

by Ncssrs. Chlffey.

11, During any po~t ion of the period hcreinbcfore limited for the cspenditurc bj.

MFSS~S. ChaEey of the sum of $300,000 on irrigation works, and substantial and peimancnt improvements on the said block of land, but not before the first clay of July, 1895 (unlcss the Jlcssrs. Chaffey make arrangements \tit11 the lessees in occu- pation for an earlier clate to which the Government will consent) the Go~ernment

will, i f satisfied that Messrs. Chaffey intend to carry out this agreement in good faith and in a satisfactory manner from time to time, issue a licerice or licences to Messrs. Chaffey to occupy the remainder of thc said block of 250,000 acres or any portion

thereof

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The Qgfey Brothers hrigation Works Act.-1887. - -a " A ----p

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being not less than 20,000 acres in any one licence for a period of twenty \.ears, subject to the like covenants, conditions, and provisions which, as herein gtiPUlated, are to be contained in the licence mentioned in clause 8, except that the provision as to issue of grants when a sum of money equal to E4 an acre shall have been espended on irrigation works and substantial and permanent improvements shall llot apply to more than 50,000 acres inclusive of the 30,000 acres comprised in the said licence mentioned in clause 8. Such licence shall contain, in addition to sucll cove-,nnts and conditions, a provision that so soon (during the pcriod of the licence) as tl.le licensees s l d l have expended on irrigation works and substantial and f"rInanent improvements a sum of money equal to ;El per acre 011 ally portion of the Pisid romaillder of the said block of 250,000 acres not exceeding in the whole

200,000 acres, and so soon as they shall have paid to the Government the sum of

£1 for c\+ery acre of such portion the Gorcrnmcnt will, if the Government are

hatisfied that the Jlebsrs. Chaffey intend to carry out this agreement in good faith and in a satisfactory manner, cause a grant in fee simple of such portion of the said IiLnd in respect to which the said sum of £1 per acre shall have been paid to be issued to Messrs. Chaffey, but the Government not to be bound to issue any grant in fec simplc of such portion for less than 500 acres. The G o ~ e r r m c n t also to tlctermine the metes and bouiids of all portions of land to be granted under snch p l + i s i o n: ~rovidcd that luntil grants have iswed for a total of 125,000 acres no graiit shall issue under this agreement of any la rd unless and until water lias been led to some point i11 ancl suitable for the irrigation of each 500 acre area of the land proposed to be comprised in such grant.

12. 3Iessrs. Chaffey shall cause all engines and machinery, pipes and nlanfacturccl

articles required to bc placed on the said block of 250,000 acres of land, or to be

u i e d in coimcction with a n y works or olwrations t9 be carried on thereon to be made in the Province of' South Australia, save and except such modcls, pattornu, or muchincs as tlic Go\-crnment nlny allow them to import from abroad.

13. That a rondition shall be inserted in every grant in fee simple of any portion of the land wllich shall be issued in accordance with this agreement to Messrs. Chaffey that they shall not, unless with the conscnt of the Government, sell or dis- pose of buch land e s c ~ p t in parcels of not morc than eighty acres if iuch parcels are planted and prepared fur fruit growing, and in parcels of not more than 160 acres if such parcels are prepared for growing other products, and that they shall not sell or dispose of more than one parcel to the same person, and it shall be a further condition that in every sale, disposition, or transfer of such land by Messrs. CbaEey, or anyone claiming through thcm, a sufficient water right shall be sccurcd to lhe purchaser to be held with and run with such land as a perpetual cascmrnt.

14. That Messrs. (Jhaffey shall not at m y time have or retain in their own pos- hewion, or tlint of thcir ngcnts, except with thc consent of the Govcrnmcnt, morc than 5,000 acres of land out of the lands granted to them in fee simple under and in accordancc wit11 this agrcemcnt.

intersected by public roads or thoroughfares whenever required by the Government; 13. That Messrs. Chaffcy will erect bridges over all channels, races, and drains	also, that they will form, make, and, during the continuance of the licence, or
respective licrnces, maintain all roads which the Government shall sct out or dircct
Jrc~scrs. Chaffcy to set out and make far the use of the public.
16. That hlwxrs. Chaifcy sllall give cvcry reasonable facility (including access fur htoclr over tllc licerlscd land to watering places on the line of their channcls for the time being most convenient to the lands adjoining the licensed lands) for supplying other 1~ermn"hrouqh their channels, if required, with water at such price as may be agreed upon; but in case of dispute as to the price such price shall be settled by a valuator or \ aluators appointed by the Government.
17 That Messrs. Chaffey will use all reasonable exertions to establish on the land to be granted undcr this agreement, within the period of five years from the date of the licence mentioned in clause 8, the business or industries of fruit drying, preserving, and canning, and Messrs. Chaffey will, during the remainder of the term of the said
l~ccnce. carry on such businesses or industries.
18. That Messrs. Chaffey will set apart one-twentieth part of all the irrigated land which shall bc granted to them by the Crown with a sufficient water right attached thereto for the purpose of endowing an agricultural school or collcgc, but the said land SO to be set apart shall not be in one block, but shall consist of one Parcel of either eighty acres or 160 acres or less out of every twenty parcels of eighty acres or 160 acres or less, as the case may be, Messrs. Chaffey to convey such land free from encumbrances to the Commissioner of Crown Lande, 3r to such person

or

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T h e C'ltccfry Brothers Irripztion TVorks Act.-1887.

or coporation as the ('lovernnicnt shall from time to time direct, and such land so sct apart and conveycd shall be held in trust fbr the maintenance of the said agricultural school or college, with full power to sell or lease the samc together or in parcels for any time or a t any reasonable rent, and such lands or the proceeds thereof shall be held upon such other trusts as the Government shall determine and so soon 1 s 100 families are residing upon the land or any part thcrcof referred to in this agreement. Messrs. Chaffey will institute and establish an agricultural school or rollege in a suitable building to be erected by them on the land to be conveyed upon trust as aforesaid for instructing pcruons us to the best mode of constructing irrigation worlrs and to profiitably apply the wme, anJ for teaching peysnns aci to the beht mode of groning and cultivating fruit trecs and preserving and drying t h ~ fruit, and for instructing persons in agriculture and horticulture.

I t is further agreed between the partieshcrcto that, upon any h d c h by M e w s. Chaffey of any provision in this agreement, or of any covenant, condition, or provision contained in any grant or licences issued under this agreement, the Government may, within three calendar months of the discovery by the Gover~lmerit of such brcach, give a notice of complaint to Messrs. Chaffey of such breach, and require them to show cause why such breech qhouid bo pcrmitteti or to rectify thc cause or complaint, within a time to bc fixed in such noticc of complaint, mid if sufficient cause shall not have been shown to thc satisfaction of tllc Government, or if tlic cause of complaint shall not have been rectifiec! within the timc fixed in such notice of complaint, then it shall be lawful for the Government rithrr to rectifjl the cause of complaint at the expense of Mcssrs. Chaffey, which cspensc ;l.Iews. C'haffey hereby agree to dcfrny and repay to the Government, 01 if, in the opinion of the Government, the breach is a sufficiently herioub one to rrwder it in thcir opinion desirable to d o so, to determine the agreement and to rcsumc possession of J l land granted in fee simple to Messrs Chatfey, except as hercin,dter e~ceptcd, or land lirenscd undvr this agreement, and to take pofisession v1 all irrigation worlis ailcl sub- stantial and permanent iaiprovemcnts upoil tllc land i o rrsumcd, but, nevertheless, Mcssrs. Chaffey, or the pcryons lawfully claiming untlcr thcm, shall bc cntitlccl to recover from tho Oovcrnnlent a sum equal to 80 per cont. nu the ~ ~ l u e of the irrig i l t ' lon worlrs and substantial mrl permanent improwmcnts then existing upon any part of the land of which possession shall be resumed. such 5111n, if thc partie.: cannot agree, to be fixed by arbitl.ation.

l 9

20. A condition embodying the nutters cotltained in the lait par.tgral)ll shd l hp

inserted in e\cry Crown grLtnt in See simple or liccilcc issued in pursuance uf thchcx

presents, but suclr condition rhall not apply to any hnrl g C ~ n t c i l in f'cc simple t o

Ivlessru Chaffey, and aftcrwa~tls bown,fidr:' sold, tlispusctl of, or t rms te~red by tllcln Stir

valuable condc r i~ t ion in awol dance \\itil the terms o f this agrecnl~nt.

21. If any dispute arise a> ~o the alnoant of pcnuanent and si~bstdnti~tl inrl)rv~ c-

ments the amount +,M1 he tisctl and .cttled 113 arbitration.

2.2. l.'a,r the cairying into f o ~ e e of this clgreP~nunt both partieh shall c ~ c c u t c a!l

nccessary dccds and ducuments required, and thc Government shall liaw \ro\ver f ~ o m

time to time to malre, alter, and rescind rcgulationc in rcklwct of a11 matters licrcin

not spxially provirled for, and for c a r r ~ i n ~ this agreement into jull fvrcc and ctl'et t.

and such regulations nil1 bc binding on Messrs. Chnffcy.

33. 'I he 250,uOir iIcre5 be set apart bp the Go\enuncnt, and the JO,OOO , tc~us

I J M ~ thcreof referrrtl to in clause 8 defined forthwith, and thc Go\crnrnent will. imn~edistelj upon tllch a i d 30,000 x r c s being defined, permit M e w s. ('hatie! tu m t o ~ llpoil such defined lands, m d proceed with the proposed irrigation worlrs. And in thc event of Parliament retusinp to s:mction thi.: agreemcnt. Messrs. ('haffey hereby acknowletlqe Zhemscl~es to bc the tenants a t \\ill of the Government of any lands

upon which they may h a ~ e t l m cntcrctl. And the Uovcrnmeirt shall refund to

Messrs. Chaffey the value oi all sucli irrigation works. and 5uhstnntial a d permanent

imlwowmo~its (other than engines, pumps, machine\, :tnd other machinrry), as shall then h a w becn made and effected b j Messrs. Chdsey upon the limd, and as shall constitute in thcmselveb an c~fficicnt slstem of irrigation: such value, in cnsc of difference, to be determi~crl by arbitration: I'roviderl that the Government may elect to take ur not to take the cngines, pumps, mnchi~les, and other machinery placed by Messrs. ('haffcy upon the land, and if the Government take the same they shall pay the value thereof, to be ascertained, in case of difference, by arbitration to Messrs. Chaff'ey; and if the Government do not take such engines, pumps, machines, and other machinery, Messrs. Chaffey may remove the vame from the said land, and the Government shall pay to Messrs. Chaffcy compensatiun for the actual expense incurred by Messrs. Chaffey in placing and removing the same upon and from the

land,

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The Chafey Brothers 11-riyution TVorks Art.-1887.

lancl, and interest at 5 per cent. pcr mnum upon the actual prime cost of the said engines and othcr machinery, from the date of purchave of the same, for the purposes of carrying out this aqreement, until a day thirty clays after the date upon which the Government shall notlfy to Messrs. Chaffey their intention not to take such engines, pumps, machines, and other machinery: P r o ~ i d e d that the total amount payable by the Govenuncnt under this present clause 23, shall in no case cxceed 210,000.

21. Uy " arbitration" in this agreement is meant a refercnee to two arbitrators, one tc bc appuinted by the Government and one b j Messrs. Chaffcg.; or to a n umpire to be chosen l)y the arbitrators M o r e entcririg on the conside~atian of the niattcrs referred to them; and c\ cry such I eference shall bc deemed an arbitration within the " Supreme Coiirt l'roccdure Act, 1855," and bc subject to the pra~isions as to arbi- tration contained in the said Act.

J. 11. TIOTVE,

GEO. CHAFFEP.

W. B. CHAFFEY.

Witness-G. S. TVKIGI-U.

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Adclaidc: By authority, E. SPILLER, Government Printer, North-terrace.

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The Cha& Brothers Irrigut ion Works Act.--1 887.

I	i
QVERLAND CORNER	/