The Closer Settlement Act Further Amendment Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1103.

An Act to amend "The Closer Settlement Acts, 1910

and 191 I ," and for other purposes.

[Assented f o, December rg t h, rgrz.]

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. (l ) This Act may be cited alone as The Closer Settlement She* titlea.

Act Further Amendment Act, 1912."

(2) " The Closer Settlement Acts, 1910 and 191 1 " and this Act NO. 1032 of 1910. may be cited together as " The Closer Settlement Acts, 1910 to NO. 1049 of 1911. 1912."

1103

2. This Act is incorporated with the other Acts mentioned in Incorporation with other Acts.

section 1, and with the Acts with which those Acts are incorporated,

and all the said Acts and this Act shall be read as one Act.

3. (1) The definition of the term owner " in section 3 of the Interprhtion.

principal Act is amended so as to read as follows :-

" Owner," when used with reference to-

1. A large estate, means the owner of a, freehold estate in

possession:

1 1. Other land, means the owner of a freehold estate in possession, except where the land is comprised in a Crown lease, in which case i t means the lessee thereof.

(2) In

3 O GEORGII V, No. I 103.

The Closer Settlement Act Purther Amendment Act.-1912.

(2) I n "The Closer Settlement Acts, 1910 to 1912," or any of

those Acts,-

" Crown Lands Act " includes " The Crown Lands Act, 1903," and any other Act formerly, or now, or hereafter in force under which power was or is given to grant or make any Crown lease:

" crown lease " means and includes-

(a) Any agreement under any Crown Lands Act con-

taining a covenant to purchase; and

(6) Any lease or agreement for a lease, and any licence, permit, right to occupy or use, or similar right or interest, or agreement thereof, whether the same is in perpetuity or for a term of years or otherwise, and whether containing or not con- taining a right to purchase, and under whatever Act or other authority the same may have been grauted or made,

before or after the passing of this Act, granted or made by or on behalf of the Crown, or by or on behalf of any person or authority holding lands belonging to the Crown, or in whom or which lands belonging to the Crown were or are vested:

Lessee " means the person to or with whom any Crown lease is granted or made, and includes his executors or ad- ministrators or assigns:

'' Purchase-money " or " price " includes compensation for the

resumption of a Crown lease or consideration to be paid

for the surrender thereof:

'L Sale " includes surrender of a Crown lease:

Transfer " includes surrender of a Crown lease.

~ a n d s

(other than 4, (1) When any land-

large estates) which

are subjwt to Crown

leases may be	(a ) Is comprised in a Crown lease, and
acquired.	( b ) Might, if it were held for a freehold estate, be taken and acquired under " The Closer Settlement Acts, 1910 to 1912," or any of those Acts, otherwise than as being a large estate,

such land may be taken and acquired by the Commissioner under the provisions of The Closer Settlement Acts, 1910 to 1912 " (read as provided by this Act), for the purposes for which lands may be taken and acquired under those Acts; and for the purpose of carrying out the acquisition thereof the Governor may accept the surrender of such lease or resume the land comprised therein.

The Acta to be

construed (2) Every reference in " The Closer Settlement Acts, 1910 and

rrccordingly . 19 1 1 ," or either of those Acts, to the taking, acquiring, or acquisition of

3' GEORGII V, No. I 103.

The Closer Settlement Act Further Amendment Act.-1912.

of land, other than a large estate, shall be read as including a reference to the acceptance on surrender of a Crown lease, or the resumption of the land comprised therein; and, for the purposes of anythi12g to be done under the said Acts, or any of them, in a case where the land is comprised in a Crown lease, the provisions of the said Acts shall be read as varied in such a manner as may be appropriate for dealing with land comprised in a Crown lease.

(3) For the purposes of sections 10, 11, and 14 of "The Closer Sections 10,11, and

Settlement Act, 19 10," land comprised in a Crown lease shall be se,lemen, ,,, ,	14 of Closer
regaided as land under the Real Property Act.	read accordingly.

5. Section 15 of " The Closer Settlement Act, 1910 " is amended hendment of section 1.5-

by the addition at the end of subsection (2) thereof of the words L, nda t ~ k e n to be

" free and discharged from all leases, licences, contracts, trusts, free fmm all 1e -e~~

trusts, etc.

obligations, estates, interests, charges, rates, and easements what-

soever. "

6, (1) Section 6 of The Closer Settlement Act, 1910" is amended Amendment of section 6-

by inserting the words C' or irrigation " after the word " reclamation" ~, , a, adjacent to

wherever it occurs therein, except in the case of the amendment ~ ~; ~; ;; ; g ~ ~ ~ ~; e

made by section 3 of The Closer Settlement Act Amendment Act, bk,,.

191 1 ," and by inserting after the word " cultivation " the words

" or which adjoin and are within a distance of two miles from such

excepted lands and belong to the same owner and ate suitable for

reclamation. "

(2) Section 4 of The Closer Settlement Act Amendment Act, Consequent amend- ment of section 4 of

19	1 1	,"	is amended-	amendinn ~ c t	NO.
1049 of f911.

I. By inserting the words "or irrigation" after the word '*re-

clamation" in subsection (l) and subdivision ( b ) of sub-

section (2) thereof; and

1 1. By inserting the words "or irrigable" after the word

" reclaimed " in subdivision ( e ) of subsection (2) thereof.

7, All notices given and things done before the passing of this This Act to be

Act and purporting to be g i ~ e n or done pursuant to or under The retrospective.

Closer Settlement Act, 19 10," or " The Closer Settlement Acts, 1 9 10

an4 19 1 l," shall be as valid, and shall have the same effect, as if this Act had been passed before the same were respectively given and done.

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

this Bill.

DAY H. BOS '4 N QUET, Governor.

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