The Crown Lands Act Amendment Act 1905 (SA)

ANNO QUINTO

No. 899.

An Act to amend " The Crown Lands Act, 1903," and

for other purposes.

[Assented to, December pth, 1905.1

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 Crown Lands Act Ameudment short title.

Act, 1905," and shall be read and incorporated with '' The Crown

Lands Act, 1903" (hereinafter referred to as 'L the principal Act ").

2. This Act is divided into three Parts, as follows :- Division of ~ c t.

PART I.-Reclaimed Swamp Lands:

PART	11. -Closer	Settlement:
PART	111.-Lands	Outside Goyder's Line:
PART	IV.-Repeal	and Amendments.

PAR'I' I. PART r.

RECLAIMED SWAMP LANDS.

3, The Commissioner may cause any reclaimed lands, or lands Commissioner msy

in course of being reclaimed, to be surveyed and offered for lease survey and offer	redaimed lands.
in blocks of such an area as he shall determine.

4. The Board shall, subject to the approval of the Commissioner, ~ a u d to fix rent-

fix the annual rent to be paid for each block.

899 5, Each

5" EDWARDI VII. No. 899.

The Crown Lands Act Amendment Act.-1905.

PART I. 5, Each block shall be otiered on perpetual lease at a rental as

T ~ I ! U ~ tlf ka~e. hereinafter men tioned.

BCW~ to allot. 6,

Blocks under this Part of this Act shall be allotted by the Board, and applications therefor shall be published in the Govern-

ment Gazette and dealt with in accordance with the provisions of

sections 30, 32, 33, 34, and 36 of the principal Act.

Howrentd~termin~. 7, The rent ior each block shall not be less than Four Pounds

per centurn per annum on the unimproved value of the land and

the cost of reclaiming the same.

Payment of rent. 8, The said rent shall be payable as follows :-

(a) For the first year one-quarter of the fixed annual rent:

( b ) For the second year one-half of such rent:

(c) For the third year three-quarters of such rent:

( d ) For the fourth aud each succeeding year thereafter the full

amount of rent as fixed under section 4.

Bent to be paid in

advm08. Q, All rents shall be paid in advance.

h of holdings, two 10, NO person shall either by himself or conjointly with any other

&l&.	person or persons be the holder of more than two blocks.
dOw
Dealing with	11, Any land remaining unallotted for one year after being open to application at the rent fixed pursuant to the provisions of this Act may be let at such reduced rental as may be fixed by the h a r d and itpproved by the Commissioner, or on miscellaneous lease, as provided in section l59 of the principal Act.
Bepurchased lands
may be rechimed.	22, Land purchased under Part X. of the principal Act may be partially or wholly reclaimed and leased under the provisions of this
Part of this Act.

PART 11. PART 11.

CLOSER SETTLEMENT.

Time for pcryment

under closer mQtle- 13, Every agl-eement in respect to the allotment of lands made

after the passing of this Act under Part X. of the principal Act shall be for a term of thirty-five years. The first ten half-yearly pay- ments shall each be payable in advance, and shall be calculated at the rate of Four Pounds per centurn on the value of the block or blocks, and the improvements (if any) as fixed by the Board. The subsequent sixty half-yearly paymen& shall be made as provided in section 153 of the principal Act: Provided that the purchaser shall

not have the option of completing purchase before the expiration of

nine years from the date of the agreement.

14, The

5" EDWARDI VII, No. 899. - -

The Crown Lands Act Amelbdmettt Act.-1905.

14, The holder under agreement of any lands purchased by the PABT 11.

Crown since the twelfth day of October, one thousand nine hundred Agreement of lands

and three, may surrender his agreement for an agreement in terms & ~ ~ $ ~ ~ ~ ~, 9 0 8,

of section 1.3 of this Act, and the new agrzement when executed maybeeurrendered.

shall be dated as and from the date of the surrendered agreement.

15. The moneys (if any) remaining to the credit of the holder Moneyaremaining

under such first mentioned agreement shall, after deducting there- ~ ~ m ~; ~ ~ t ~ f h

from all interest, charges, and costs due in respect of the said land appliedin payment

by such holder, be applied towards payment for the lands held by of lands.

him under the new agreement: Provided that all moneys paid for - -

improvements under d e surrendered agreement shall be accepted as

payment on account of such improvements under the agreement

made in terms of section 13.

16, No growing timber shall be cut or otherwise injured or hematiow aeto

destroyed, during the first five years of the term, except for the ~	h	timber-	g
purposes of improvement on the land or for cultivation, and then only with the written consent of the Commissioner.

PART 111. PAET III.

LANDS OUTSIDE GOYDER'S LINE.

17. Notwithstanding any thing contained in the principal Act, ~ h ~ ~ ~ e ~ l i n e,

the Commissioner may permit the transfer of any lease of land (not being a pastoral leader suitable only for paz i ig purposes, sitiate outside the line of Goyder's rainfall, upon such terms as may be a.greed upon between the lessee and the proposed transferee if the transfer will riot increase the holding of the transferee to a larger area than will carry ten thousand sheep, and may permit any rent then owing by such lessee, together wi.th interest at the rate of four per centum per annum, to be paid by the transfere2 by instalments

extending over any period not exceeding five years.

18, Any lessee who has transferred his lease under the provisions

Allotment in case of

holdinga outside

17 Goyder'a line. available, and in such case, notwithstanding anything contained in the principal Act, such allottee may, subject to the payment by him of interest thereon at four per centum per annurn, be allowed three years wherein to pay the rent or instalments which shall become due on the land so allotted.

of section and any lessee of any land suitable only for grazing

purposes situated outside Goyder's line of rainfall, whose rent is in

anear and unpaid, and who is unable to transfer his lease, may, on

application to and approval of the Commissioner, be allotted by the

19. No lease or agreement shall be issued, or transfer allowed, in N o l e m t o i ~ ~ e t i l l rent paid.

respect cif such last-mentioned land until the moneys due thereon

shall be paid.

PART

4 5" EllWARDI VII, No. 899.

The Crown Lands Act Amendment A c t. ] 905.

PART IV.

REPEAL -4ND AMENDMENTS.

%=l* 20, Section 12 of the principal Act is hereby repealed, and the

following substituted in lieu thereof:

The Governor may appoint a Board, to be called L The Land Board,' consisting of four members, three of whom shall be civil servants."

Amendments. 21. The principal Act is hereby amended as follows :-

(a) Section 68 is hereby amended by striking out the word

" six " in the third line thereof and mbstituti~~g	the word
" three " therefor:

( b ) Section 71 is hereby amended by adding at the end thereof this proviso-"If any such agreement or lease cannot be obtained by the Commissioner, he may cancel the same and prepare a new agreement or lease in lieu thereof for

the purchaser at such sale ":

( c ) Section 145 is hereby amended by striking out the words

nor shall any agreement be entered into on surrender of

any land " in the sixth and seventh lines thereof:

(d) Section 168 is hereby amended by striking out the figures

166 " in the fourth line thereof and substituting the

figures " 167 " therefor:

( e ) Section 189, subsection (2), is hereby amended by adding at the end thereof after the word " lands " the words " or to any subletting with the consent of the Commissioner,

pursuant to section 65 of this Act ":

( f ) Section 244, subsection (l), is hereby amended by striking

out the word and " in the sixth line thereof and substi-

tuting the word " or " therefor:

(g) The Sixth Schedule is hereby amended by striking out the	word " Fourth" in the heading to the first column thereof
and substituting the word " Fifth" therefor:

( h ) Section 151 is hereby amended by striking out the word

Three " in the second line thereof and substituting the

word "Two" therefor, and by striking out the words

" two financial years" in the third line thereof and sub-

stituting the words " m e financial year " therefor:

( i ) Subsection i 11. of section 152 is hereby amended by striking

out the word	Three " and substituting the word '' Four"
theref or:

( j ) The last proviso of section 220 is hereby repealed, and the

principal Act shall be read and construed as if the said

proviso had never been inserted therein.

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

this Bill. GEORGE R. LE HUNTE, Governor.

-

Adelaide : By authority, C. E. BUI~TOW, Government Printer, North Terruce.