The Closer Settlement Act 1902 (SA)

ANNO SECUNDO

EDWARDI -V11 REGIS,

A.D. 1902.

No. 805.

An Act relating to the Repurchase of Land, and for

other purposes. - r.

[Assented to, November 13th, 1902.1

E it 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 Closer Settlement Act, 1902." short title.

2, The Closer Settlement Act, 1897," and sections 6, 7, and 8 Repeal.

of "The Crown Lands, Closer Settlement, and Blockholders' Loans

Amendment Act, 1901," are hereby repealed; but such repeal shall not, unless otherwise expressly provided for by this Act, affect any light, interest, or liability already created, incurred, or existing, nor anything lawfully done or suffered under any Act hereby repealed.

3, In this Act- Definition.

Agreement " shall mean an agreement for the purchase of land

held under closer settlemeat:

Land Board " shall mean any Land Board appointed under

The Crown Lands Act, 1888," or any Act amending the

same.

4, This Act is divided into three Parts, as follows:- Division of AUL

PART I.-Closer Settlement:

PART 11.-The Receiver of Rents and the Recovery of

Rents:

PART rr I.-Regulations. PART

2" EDWARDI VII, No. 805. -- - - - - - - -- - - U - ---

pp----

The Closer Settlement Act.-1902.

PABT r. PART I.

C1,OSER SETTLEMENT.

Beputchase of land 5, The Commissioner of Crown Lands may, subject to the pro-

for clomr settlement.

visions hereinafter set, forth, repurchase land for the purposes of this

see. 2, 688 of 1897.

Act, at a cost not exceeding Three Hundred Thousand Pounds in any

two financial years, subject to the following conditions, namely :-

(a ) That the price to be paid for such land shall not exceed the assessed value of the land for land tax purposes, the value of the improvements on the land to an incoming tenant, and fifteen per centum added to such firsmentioned value:

( b ) That the repurchase be recommended by the Land Board and

the Surveyor-General:

(c) That the improvements be valued by the Land Board and the

Surveyor-General:

(d) That within thirty days after each repurchase, if Parliament be then in Session, or if Parliament be not then in Session, then within thirty days after the commencement of the next Session, there shall be laid before both Houses copies of all recommendations and valuations pursuant to which

the purchase has been made, and full particulars of-

I. The locality, area, and quality of the land rep&.

chased, and of the improvements thereon:

11. 'The names of the vendors and of all persons

interested in the sale:

111. The price paid and the land tax assessment.

Land re umhaaed, 6, All land repurchased under this Act, or under either of the

how d& with.

Acts hereby repealed, shall be dealt with as follows:-

Town lands and	(a ) Town lands may be sold by auction for cash, and reserves may be dedicated by Proclamation in like manner as Crown lands are dedicated under the provisions of The Crown Lands ,4ct, 1888."
with.
Sec. 7, Act 777 of
1901.	( b ) The land, except such portions as may be required for town lands or for dedication or reservation for public purposes,
Other lands to be cut

reaervea, how dealt

UP.

shall be cut up into blocks of not exceeding Two Thousand

Pounds unimproved value:

Value of blocb

nuitable for pastoral (c) Where, in cutting up any repurchased land, improvements to a large value would necessarily be included in one or more

purposes only -

blocks, and the value of such improvements would be out of proportion to the value of the blocks if the limitation of Two Thousand Pounds unimproved value were not exceeded, the block or blocks on which such valuable

improvements

2" EDWARDI VII, No. 805.

The Closer Settlement A c t. l S O 2.

improvements are situated may exceed Two Thousand Pounds, but not Three Thousand Pounds, in unimproved value; or where the land is suitable only for pastoral yur- poses, the value of the blocks may exceed Two Thousand Pounds, but not Four Thonsand Pounds, in unimproved value:

(d) When, in the opinion of the Land Board, the improvements on any block are larger than are required for working such	BlocLs with valuable improvements to be
charged with portion

block, then only so much of the value of such improve-	menta. only of euch improre-
ments shall be added to the price of the block as may, in the opinion of the Land Board, be reasonable, having regard to the size and situation of the block, and the balance of the value of such improvements shall be added to the price which has been paid for the whole estate of which such block forms a part.

( e ) Before the blocks are offered the Land Board, subject to the approval of the Commissioner, shall fix the value of each	Land Board to 5x
value of block and
improvements.

block and of the improvements on each block, which value

shall include the reasonable cost of any work effected by	h a. 6 and 6, 688
the Government: Provided that the price so fixed shall	of 1897.
not in the aggregate be less than the amount paid for the land, together with the cost of offering the same for sale:

(-0	Notice shall be given in the ~~~~~~~nment Gazette that the blocks are open to be purchased, and such notice shall	Oazctte notice that
land open to be pur-
o h d.

contain the following particulars, namely, the area of each

block and the value of the improvements thereon, the	Sec. 4, ibid.
annual instalments of principal and interest to be paid in respect of the purchase-monry of such block and improve- ments, and such other particulars as the Commissioner shall think proper. 'l'he blocks shall be allotted by the Land Board.

7, 'l'he blocks shall be offered for sale, and the purchaser shall enter into an agreement for sale and purchase (hereinafter called the "agreement ") which shall, in addition to the usual covenants and conditions contained in like agreements, contain the following covenants on the part of the purchaser :-	Covenants on the
part of the purchaser.

I. To purchase his block and the improvements thereon at the price fixed by the Land Board, and to pay the purchase-	earlm than six and To purchase not
not later than thirty

money and interest thereon at not less than the rate of	yeere.
Four Pounds per centum per annum by sixty half-yearly	Sec. 8, Ibid., amended.
instalments of Two Pounds Six teen Shillings and Five Pence for every One Hundred Pounds of purchase-money,

which instalments shall be paid in advance: ~ r o v i d k i

that the purchaser shall haie the option of completing the purchase of his block at any time after the expiration of six years, on paying the balance of all principal moneys due under his agreement and all interest due at the time of the completion of his purchase:

11. To

' 2 EDWARDI VII, No. 805.

The Closer Settlement Act.-1 902.

PART I. rr. To wend on his block during each year of the first five years

TO expend money ou	a	Bum	equal to Three ~ % u n d s	-for every One ~ u n d r e d
his block during the

firet five years.	Pounds of his purchase-money in substantial improve- ments, consisting of buildings, fencing, or water improve-
see. 10, 688 of 1897.	ments: Provided that the amount so spent by the purchaser in excess of the amount required to Fe expended in any one year shall be set off against the expenditure required in the next or following years: Provided also that the purchase-money paid for improvements may be set off against the amount to be spent by the purchaser for im- provements.

Application to be	8,	Every application to purchase shall be accompanied by an
accompanied by

instalment.	amount equal to the first half-yearly instalment horeinbefore provided
Sec. 9, ibid.	in respect of the purchase-money of' the block and improvements
Couditions as to value

of holdings and 9, No agreement shall be entered into with any person who is

tranefer. already the holder of land of the unimyro~ed due of Two 'I'housand

Sec. 8, 7 7 7 of 1901.	POUJI~S, or who would thereby become the holder of land exceeding
such value, and no transfer of' any agreelkent made under this. \et shall be permitted except with the consent of tllc Commissioner, and no such recommendation or cousellt shall be givcri to any transfer in favor of any lessee or owner of land who would thereby become the holder of land exceeding Two Thousand Pounds of unim proved value, except under the circumstancm and conditions mentioned in para- graph (c) of section 6.
Forfeiture.	10, An agreement shall be liable to forfeiture should any instalment thereunder be in arrear for six months, and renlain unpaid for three months, after the same shall have been det~~audecl in manner pro- vided by regulation.
Lends remaining	11, Should any of the repwchased lantl remain unallotted for a with the approval of the Commissioner, be sold by public auction, a Board, or, should the Land Board so recommend, such land may,
unlet.	period of one year after being first offered the same may be let on

Sec. 1 1, 688 of	1897.	miscellaneous lease at a rental and on ternis to be fixed by the Land
reserve price thereon to be fixed by the 1,and Board, and on the
following terms, namely :-Twenty-five per centum of the purchase- money in cash, and the balance in five yearly instalments, bearing interest a t four per centum per annurn.

Lessee of perpetual 12, The lessee of any perpetual lease of repurchased land granted

lt am may surrender

for agreement under	under any Act hereby repealed may, having fitlfillcd all the cove-
thin Act.	nants and conditions contained in his lease, and given three months' notice of his intention so to do, surrender such lease, and obtain in lieu thereof an agreement under this Act.
,Qdjuatment of
purchaee-money	13, The purchase-money to be paid under such agreement shall be the value of the block and improvements as fixed by the Gazette notice when such block was last allotted, after deducting therefrcrn all moneys paid on account of improvements thereon up to the date of the surrender of the lease. 14, All
under agreement.

' 2 EDWARDI VII, No. 805.

The Closer Settlement A c t. 1 9 0 2.

14, All moneys received by the Commissioner of Crown Lands PART I.

from either lessecs or purchasers of any land acquired by him shall closer Settlement

be dealt with as follows :- Fund.

I. Moneys repaid on account of principal, whether for land or improvements, shall be paid to the credit of the Land Re- purchase Loan Fund, and shall be used for the redemption of stock, or for the purchase of' land under this Act:

1 1. Moneys paid as interest or rent, whether on the price of

improvements or on the price of land, shall be paid into the

General Revenue.

15, The Surveyor-General shall, in tlic month of July in each statement to be laid

year, prepan. a statement containing tho f ollorving particulars in be'Grd

connection with repurchased lands for t h ~ financial year cnding on

the thirtieth day of Junc immediately preceding such month-

l

( a ) The amount adwlced from the loan fund and thc amount of

interest paid thereon:

( b ) T h e amount received as principal arid intcrest from purchasers holding land under agreement:

( c ) Amount of arrears of principal and int(:rcst, if any:

And such statement shall be laid befow both Houses of Parliament, if Parliarncnt be then sitting, and if Parliament be not thon sitting, then within fourteen days after the beginning of the next Session of' Parliament.

16, Every lease shall contain such provisions for the insurance of Insurance.

improvements as the Minister may think fit.

17, Notwithstanding the provisions of any ,Act to the contrary, Oath or affirmation may be administered

thc chairnlan or any member nominated by the Land Board is by or

hereby autholised a& empowered when obtainiug evidence prelimi- member.

nary to the allotment or transfr r of any lan 1s to administer the pre- scribe6 oath or affirmation to any person, :md the evidence given by such person shall be takcn down i n writing and signcd by him, and

countersigned by thc chairman or me~ubcr taking the same.

PART 11. PART IT.

THE RECEIVER O F RENTS AND THE RECOVERY

O F RENTS.

18, The collection of rents and instalments payable under the Appointment of

provisions of this Act or of any Act hereby repealed shall be under Receiver of rent^.

the control, direction, and management of an officer employed in the Crown Lands Department, to be appointed by the Governor, and to be styled the Receiver of' Rents.

19. In

2 O EDWARDI VII, No. 805.

The Closer Settlement Act.- 1902.

- -

PART 11. 19, In any case where the Land Board certifies that the

Cornrn'sion~r map	improvements on any block allotted under " The Closer Settlement
payment for	Act, 1897," are greater than are required for working such block,
improvements.	or that the instalments payable fpr improvements under the said Act are in the opinion of the Board too high, the Commissioner may extend the time allowed by the said Act for payment for such improvements for any period 'not longer than ten years, and the
yearly instalments payable by the allottee shall be readjusted -. -
accordingly.
Action may be
maintained in the	20. If any rent or instalment shall be in arrear the Receiver of may sue for and recoyer the same in any Court of competent juris- diction as a debt due to the Receiver of Rents; and any action therefor may be maintained in the name of the Receiver of Rents without specifying the name of the person holding the office, and shall not be liable to be abated by any vacancy or change in the office of the Receiver of Rents or otherwise,
name of the	Rents, without prejudice to his right to recover in any other way,
Receiver.

extend time for

Lease or agreement 21.

Where any lease or agreement is liable to forfeiture, or where any rent or instalment remains unpaid, as provided in section 10, the Governor may, on the recommendation of the Receiver of R.ents, by notice in the ~ o v e, nment Gazcttr, cancel such lease or agreement; and the Registrar-General, at the request of the Receiver of' Rents, shail make the necessary entries in the Register Hook for giving effect to such cancellation, and upon such cancellation the pur- chaser shall have no further interest or title, either at law or in equity, i n the land included in such lease or agreement, or in or to any money which may have been paid there~~nder. The land included in such forfeited lease shall thereafter be dealt with as if it were a block newly offered under this Act? and any surplus derived therefrom shall belong to the defaulting purchaser.

liable to forfriture

niay be cancelled.

Returns of 22. A return of all cancell;itions,'setting forth the reasons there- for, shall be annually placed before Parliamei~t

cancellations, &C., to before the first day

be placed before

Parliament.	of	September..
Statute of limitation	23. No statute of limitation shall bar or affect any action or

no bar to action. remedy for the recovely of any rent or instalments due.

PART 111.

REGULATIONS.

Qovernor may make 24,

The Governor map from time to time make, alter, amend, or

repeal any regulations necessary or desirable for carrying out the

objects and purposes of this Act.

regulations.

Regulations to be 25, All such regulations shall be published in the Government

gazetted. Gazette, and, within fourteen days after the making thereof, shall be laid before both Houses of ~arli&nent if Parliament be then sitting,

and

2" EDWARDI VII, No. 805.

The Closer Settlement A ct.-1902.

and if Parliament be not then ~itting, then within fourteen days after

*I1.

the beginning of the next Session of Parliament, and shall have the

force of law from the date of publication.

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

this Bill.

S. J. W AY, Lieutenant-Governor.

-- .-

Adelaide: By authority, C. E. Barmw, Uovernrnent Printer, North Terrace.