The Crown Lands Act Further Amendment Act 1911 (SA)

GEORGII V REGIS.

A.D. 1911.

No. 1068.

An Act to amend " T h e Crown Lands Acts, 1903 to

1910,''	and for other purposes.
[Assetzted to, /anuury gth, 1912.1

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

follows: B with the advice dnd consent of the Parliament thereof, s s

1. (1) This L4ct may he cited alone as " The Crown Lands Act Short titlas.

Further Ameiiclment Act, 191 1 ."

The Crown Lands Acts, 1903 to 1910," and this Act may be

citedatogether as " The Crown Lantls Acts, 1903 to 1911."	(4)
(3) " The Crown Lands Act, 1903," is referred to in this Act as No. 830 of 1903. the principal Act."
2. This Act is incorporated with The Crown Lands Acts, 1903 Incorporation with other Aote.

t o 1910," and those Acts and this Act shall be read as one Act.

3, (1) The lessee under any lease granted under the provisions Lessee under bgti- cultural College

of G The Agricultural College Endowment Act, 1886," may, with Endowment Act,

the consent-of the Commissioner and if all the covenants and con- 1886, may surrender lease for perpetual

ditions thereof have been complied with, surrender such lease for a l,,,.

perpetual lease nnder the provisions of the principal Act, subject, cf. C.L. A O ~, 1903,

however, to the provisions of this Act. S. 174.,

(2) The rent received in respect of any perpetual lease granted in Application of rent.

such case shall be deemed to be rent received in respect of a lease

granted under the authority of " The Agiicultural College &ndow- NO. 384 of lass.

ment Act, 1886," within the meaning of section 7 of that Act.

A-1068 4, The

2" GEORGII V, No. 1068.

The Crown Lands Act Further Amendment Act.-1911.

Rent under perpetual 4. The Board, in fixing the rents to be paid under any per-

leases reduced for

first three years. petual lease to be hereafter granted, except x lease granted by virtue of section 8 of this Act, shall, as nearly as practicable, fix the same for the first three years nccolding to the following scale :-

For the first year, one-fifth of the amount which but for this

section would be payable annually;

For the second year, one-third of the said amount; and

For the third year, two-thirds of the said amount.

of purchlise lease or 5. After the passing of this Act, no person holding a lease	Noholderundern'ght
agreement entitled to with a right of purchase or an agreement, whenever granted, shall 'Orn unti! letepurchme conditions have be entitled to complete the purchase unless the conditions of the
b m complied with. lease or agreement have been fully complied with.
Re@ of section 7 of (3. Section 7 of " The Crown Lands Act Further Amendment
Act No. 1019 of 1910. Act, 1910," is hereby repealed, but any reduction and adjustments

here tofore granted and made thereunder shall, subject to sections 8 and 9 of this ,4ct, continue as if the said section were still in force.

To what lands

certain aectiona are to	7. Sections 8, 9, 1 1 1 and 12 of this Act shall apply as kallum, Binnum, Hynam, and Kybyholite, and to s&h other lands as are by Proclalnation declared to be subject to the said sections after a resolution by hot11 Houses of Parliament approving
~ D D ~ Y.	only to lands situated in the estates known or formerly known
- -.
of the making of such Proclamation.

Surmder of 8. (1) Subject to section 7 of this IQct, the holder of any block

a~reernent as to

closersettlement land under an agreement entered into under Part X. of the principal

for perpet" IeaBe. Act may, with t lie consent of the Commissionel; surrender such

agreement for a perpetnal lease of such block

Rents. (8) The rents to be reserved by any such lease shall be fixed by the Board, and for the first seven years shall be such amodnt as

they, in their discretion, fix before the granting of the lease.

(3) From the end of the first seven years of the lease until the end of the first twenty-one years thereof, the rent shall be such amount as is fixed by the Hoard by revaluation, and from the end

of the said twenty-one years shall be such amount as is finally

fixed by the Board by furt'her revaluation: Provided that at any time after the end of the first seven years the lessee may, on application to the Commissioner, have his rent finally fixed by the Board by revalua- tion; and the rent shall be as so fixed from the end of the year of the lease current at the time of the fixing thereof.

(4) 'l'he provisions of the principal Act as to perpetual leases subject to revaluation shall, rrzututis mutandis and so far as is con- sistent with this section, apply to leases granted under this section': Provided that leases so granted shall be liable to land tax from the commencement thereof.

. .

(5) Section

' 2 GEORGII V, No. 1068.

The Crown h d s Act Further L4mendment r1ct.-1911.

--v --W - - - -- p -- - - - -- - - -

(5) Section 4 of this Act shall not apply to perpetual leases

granted by virtue of this section.

Q. (1) Subject to section 7 of this Act, the holder of any	chase-money under
Reduction of pur-

block under an agreement entered into under Part X. of the prin-	agreements as to
cipal Act may, instead of applying under section 8 of this Act,	certain lands.
apply to the Commissioner for a reduction of the purchase-mone y	Cf. Act 1019, 1910
S. 7.
payable under his agreement.
(2) Any such application shall be referred by the Commissioner to the Surveyor-General and the Hoard for inquiry and report, and to recommend what (if any) reduction of purchase-money should be made.
(3) If the Surveyor-General and the Board report that it is proved to their satisfaction-

(a) That the purchase-money payable under the agreement was, at the date thereof, in excess of the actual value of the land comprised therein, and

( b ) That the enforcement of the agreement would inflict hard-

ship upon the holder,

the Commissioner may grant a reduction of the purchase-money, not exceeding the reduction recommended by the Surveyor-General and the Board, as from the next date thewafter when an instalment under the agreement falls due.

In any case where a reduction is granted under this section the Co~nmissioner shall adjust the amounts of the instalments of purchase-money and interest payable under the agreement so as to give effect to such reduction; and the adjustment so made shall be	binding on the holder, and the agreement shall be read so as to give	effect thereto.
(5) If any holder of an agreement, the interest under which has been reduced under section 7 of " The Crown Lands *\ct Amend- ment Act, 1910," obtains a reduction under this section, the reduc- tion under the said section 7 and the adjustments consequent thereon shall cease as from the date when the reduction made under this section begins to run.

(I)

10, Section 1.59 of the principal Act (which provides for the Section l69 of

letting or sale of repurchased lands remaining unallotted) is hereby	principal Act
amended by the addition thereto of the following words, namely :-
cc or, with the like recommendation and approval, such land *ay,
subject to section 7, of ' The Crown Lands Act Further Amend- ment Act, 191 1,' be offered for sale under sectioli 153 a t a reduced purchase price fixed by the Board."

11. Subject

2' GEORGII V, No. 1068.

- - __ _. -- - - -

The Crown Lands Act Further ,4rnenclment Act.--1911.

inerwe

ot value of holding 11. Subject to section 7, not withstanding the provision of section

under Part X.

157 of the principal Act or any amendment thereof, an agreement may be made under Part X. of such Act with any person provided that he will not thereby become the holder of land exceeding Eight Thousand Pounds in unimproved value, if, in the opinion of the Surveyor-General and the Land Board, such an agreement is expedient to secure the beneficial allotment of any repurchased land.

Conditional increaae

of value of holding by

12. Subject to section 7, notwithstanding the provisions of section 158 of the principal Act or any amendment thereof, the Commissioner may consent to the transfkr of any agreement undcr Part X. of such L 4 ~ t in favor of any lessee or owner of land who would thereby become the holder bf land not exceeding Eight Thousand Pounds in unimproved value if, in the opinion of the Land Board, it would inflict a hardship on the holder of such agree- ment if such consent were refused in accordance with the provisions of the said section 158 or any amendment thereof.

transfer.

Holder of agreement

may pay part of

13. (1) Notwithstanding any provision contained in the principal Act or any amendment thereof, the holder of an agreement under Part X. of the principal Act may, on the half-yearly date appointed by his agreement for the payment of instalments, pay in advance any part of the purchase-money due thereunder, and thereupon interest on the amount so paid shall cease: Piovided that all such payments shall be in surnsbf Fifty Pounds or a multiple thereof.

purchme-rnoney in

advance.

(2) Upon any such payment being made the amounts of the

instalments subsequently falling due shall be decreased ratably to

the amount of such payment.

Repeal of section 66

of the principal	14. Section 66 of the principal Act is hereby repealed, but such
land tax.

A&.--Reduction of	repeal shall not affect thc operation of the said section consequent
on any reduction of rent or purchase-money made before the passing
of this Act.
Amendment of section

21 of the principal Act. 15, Section 21 of the principal Act is amended by adding at the

end of the sixth line thereof the following words:-" and the area of

Covenant toclear, &c.

land included in each separate block which is to be cleared and Yen-

dered available for cultivation."

~mendmentoi section

2 9.

16. Section 29 of the principal Act is amended by inserting the words "and the area thereof which is to be cleared and renderecl available for cultivation" after the word "land " in the third line thereof.

Amendmentof Fifth

Schedule.

17. The Fifth Schedule to the principal Act is amended by

inserting the following subclause after subclause 11. of clause 2

thereof :-

G X I ~. Clear and render available for cult ivation C ] acres of the land."

18. The

' 2 GEORGII V, No. 1068. 5

I _ _

______ ___

- -

The Crown Lunds Act Purther Amndment Act.--1911. - - - -- - - - - - - - - - - - -

--

18. The Sixth Schedule to the principal Act is amended by tgs; ;ytof sixth

inserting therein the following reference and extended meaning:-

'b 2. ( ~ r a. ) Covenant to clear ' The lessee will during the first two years clear and render available for cultivation not less than one- eighth of the area specified in that behalf in the lease, and will during each succeeding year clear and render available for cultivation not less than one-eighth of the area so specified, until three- quarters of the whole of the area so specified has been cleared and rendered available for cultiva- tion, and will at all times keep available for cultivation the land so cleared."

19, 'l'he Commissioner shall determine whether the covenant commi?sionerto determme whether

landpmprlg

to clear, as the meaning thereof is set forth in section 18 of this disputed by the lessee the matter shall be determined by arbitration in manner provided by section 216 of the principal Act.

20. The form of affirmation provided by sectio~i 27 of the $rndmentofaection

principal Act is amended so as to read as follows :-" I, A B, do of

declare and affirm that I will state the truth, the whole truth, and

nothing but the truth, to all questions that may be asked me."

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

this Bill.

DAY H. BOSANQUET, Governor.

- - -

--p -

-

- - - . -- .- p --. - -- --

-p---p - -

- -. -

Adelaide : By authority, R. E. E. R o a ~ ~ s, Government klnnterj North Terrace.

B-1066