The Crown Lands Amendment Act 1887 (SA)
ANNO QUINQUAGESIMO ET QUINQUAGESIMOPRIM0
A. | D. 1887. |
No. 420. An Act to amend " The Crown Lands Consolidation
Act, 1886."
4 AS it is desirable to amend 'TT2 Crown Lands Con- | Preamble. |
solidation Act, 1886
"-RC it therefore Enacted by the
WRERC | Governor of the Province of S0ut~l.1 Anstralia, with the ttdvicc |
and consent of the Legislative Coulicil and | 11ou'se of Asscrnbly of |
the said province, in | this | present P ar 1' mmen t | assembled, as follows: |
Vermin" shall mean and include wallabies, and all other marsupials, except kangaroos and rock wallabies, dingoes | or |
as The Crown Lands | Short |
Amendment Act, 1887."
matter or context or other provisions hereof require a different con- struction) the following terms, in inverted commas, shall have the respective meanings hereby assigned to them, that is to say :-
c c The Board" | shall mean the South-Eastern 1,and Board, authorised |
to be appointed under this Act:
The principal Act" shall mean " The Crown Lands Consoli-
dation Act, 1886 ":
50" &51" VICTORILE, No.420.
(or native dogs), dogs run wild, dogs at large, foxes, rabbits, hares, and any other animals which the Governor may, by Proclamation, declare to be vermin for the purposes of this Act:
And in the construction of the principal Act the term | Crown |
Lands Acts" shall include this Act.
3. Except so fax as inconsistent therewith this Act shall be |
incorporated and read with the principal Act as forming one Act.
I%-Lands Reserved for Leasing.
4, Notwithstanding anything contained in Part III. of the prin- | |
cipal Act, leases of lands reserved for leasing shall not be offered | |
for sale by auction after the coming into operation | |
describing generally the lands reserved for leasing referred to, and | |||
statine the area of the blocks and the rent (which shall be fixed bv | |||
| |||
value of the improvements, if any, thereon) at which the same are offered, | |||
missioner by letter, enclosing the amount
of one year's rent as notified in theGovernment Gazette, and giving the names, (zddresscs, and occupations of the applicants. The Corrlmisvioner sllsll lay all such applications before the Board hereinafter mentioned. All money received with any unsuccessful application shall be returned to the applicant within seven days after the application shall have been
disposed of. |
7, It shall be lawful for the Governor to appoint a Board which shall consist of five members, two of whom shall be residents of the South-Eastern District, and shall be called The South-Eastern Land Board." | |
The Board shall meet whenever summoned by the Com- missioner, and shall consider the applications received and decide upon the leases to be granted, and the persons to whom the same shall be granted, and may, if' they think fit, require the personal attendance of7 and examine, applicants for any lease, and may reject the applications for | |
be kept in which shall be entered minutes of all its proceedings and | |
recorda of all its decisions. |
9. The 50" &
51" VICTORIE, No.420.
missioner, in all cases whcrc more than one apwlication is made for |
the same 'block to subdivide such block and to' determine the rent
to be paid in respect of each subdivision of such block.
granted, pursuant to Part
111. of the principal Act, to such personsas the Board shall determine.
11. Thrce members of the Roard shall form a quorum, and shallQuorum of Board. have, and may exercise, all the powers and authorities vested in the Board. Every appointment of a member of the Board shall be for one
year only, but every member retiring by effluxion of time shall be eligiblc for re-appointment.
12. In case no application shall be made for a lease of any blockIfnoapplicationmiie,
within three calendar months after thc notice in the Government | |
Gazette, |
13. It shall bc lawful for the Governor on the request of theBeduction of rent. Board to reduce the rent payable under any leasc of lands reserved for leasing: Provided that in no casc of drainage or first-class lands shall such rent be rcduccd below Sixpence per acre pcr annum, and a return of all reductions, with the reasons thcrcfor, shall be aunually laid before Parliament within one month after the opening of Parliament for the dispatch of business.
other similar. Industries.
14. Notwithstanding anything contained in the principal Act, allLenda in First
Crown lands within the boundaries described in the First Schedule to |
this Act, and |
mation, dcclare to be open for lease under this part of the Act, may
bc offered on lease for a term of twenty-one years, at the upset rent of
Twopence per acre per annum, with a right of purchase, cxcrcisablc at any time after the expiration of ten years of the term, at not less than Ten Shillings pey acre: Provided that no such Proclczma- tion shall be issued until a description of the land proposed to be offered has been laid before Parliament for not less than one month.
15, The size and shape of thc blocks of such lands shall be deter-Commissioner to fix mined by thc Commissioner, but no block shall exceed in area
Rizeof one thousand acres, except the land contained in the First Schcdulc,
and no lessee shall hold more than one block, except of such land.
describing generally the lands referred | to, | and stating the upset |
annual rent
at which the blocks are offered, from time to time declarethat
4 50" &51' VICTORIE, No.420.
that leases of such lands shall be open for sale by auction at a date
not less than eight weeks from the first publication of such notice.
Every such notice shall be published in the
Government Gazette atleast four times prior to the sale.
Competition to bein
upset annual rent, and the pcrson who shall be entitled to such lease shall be the person who at such auction shall offer the highest annual rent for the land, but if there shall bc no competition, the person who shall bid the upsct price shall be the purchaser. |
ycar's rent shall be paid by the purchaser on the day of sale.
Covenants | ||
on the leased land in good repair and condition; to insure and keep | ||
| ||
the joint names of the Cornmissioner and the lessee, in some in- surance office to be approved by the Commissioner, and forthwith lodge the policy of such insurance in the officc of the Commissioner, and to forward to the Commissioner the receipts for the premiums payable in xespect of such policy within seven days after the same shall become due; and shall also contain a power for the Commis- sioner to insure on default by the lessee, and to recover the amount paid for such insurance in lilie manner as the rent is recoverable, and such other powers and conditions as the Governor may deem | ||
proper. |
public purposes, the whole or, from time to time, any portion of the land subject to the lease: Provided that a t least one month's notice of the intended resumption shall be given to the lessec. In case of resumption the lessee s l d l be paid compensation for the loss he shall |
sustain
50" &51" VICTORIE, No.420.
sustain thereby, and in case of dispute, such compensation shall be determined in manner provided by section 19'2 of the principal
Act.
21. I n case the lease of any such land shall not be sold atIfleasenotsold, may
auction when offered at Twopence per acre per annum, the Commis- | |
sioner may cause the same to be again offered at auction in manner aforesaid i t the upset annual rent of Three Halfpence per acre: and in case the lease shall not bc sold when offered at Three Half- pence per acre per annurn, the Commissioner may cause the same to be from time to time again offered at auction in manner aforesaid, a t such upset annual rent, not being less than One Penny per acre, as he shall think fit. |
22. Wherever any such lease shall have been offercd forLeasing byprivate sale at auction and not sold, and shall not
at the time be again'Ontract. declared to he open for sale by auction, such lease may be taken up
by private contract on the terms and at the upset rent at which the
same was last offered for sale by auction, unless the Commissioner
shall decide that the land shall not be further dealt with under this
part of the Act. 'l'lle mode of so taking. up any such lease shall be
prescribed by regulation.
23. The Commissioner may, in writing, wholly or partiallyCommiasionor may
remit the covenant for planting and keeping planted, contained in | ||
any such lease, in any case where it shall be proved to his satisfac- tion that the land is unsuitable, or that by reason of any special circnmstances it would bt: impossible to comply with, or would inflict great hardship upon the lessee to cliforcc such covenant, and shall causc | ||
the opening of Parliament far the dispatch of business. |
24. No lessee under any lease with a right of purchase of landsLessee not entitm to
within the boundaries described in the First Schedule to this Act, shall |
by virtue of such lease be entitled to any right of commonage or to deyasturc any cattle or sheep on the Crown lands within any hundreds.
25. -411 purchase-moneys arising from the sale of lands ahallPurchlrse-moneys
form a fund primarily applicable to the payment of such portion of to be | |
the public liabilities as shall hcmafter be specially charged thereon. |
lands, to be defined as hereinafter provided, may, under and subject | |
to the following conditions, be sold for the purpose of forming a fund for the payment of the deficit in the revenue existing on the thirtieth of June, one thousand eight hundred and eighty-seven, or the mooeys secured by Treasury Bills issued in respect thereof. |
50" &51" VICTORIW,No. 420.
The Crown Lands Amendment Act-1 887..-
be defined in a plan and return to be laid before both Houses of - | |
sold, and no such land shall be sold until such return shall have | |
been laid before both Houses of Parliament, whilst in Session, for one calendar month, nor shall any land so defined be sold pursuant to this part of this |
V.- Grazirg a?td Cultiflation Lands.
~ m o v ~ o f ~ ~ o n
grazing and cultivation lands may be offcred on lease in blocks of
bore than twenty thousand acres-each whenever, by reason of the proportionate value of the improvements on such blocks, the Com- missioner may deem it expedient.
1886 is hereby amended, by inserting in lieu of subdivision | the |
following subdivision :-
(C.) Under grazing and cultivation lease, one or more blocks, not exceeding in the aggregate twenty thousand acxes, so long as the said bloclrs shall not bc more than ten miles apart, and except where land shdl be offered in pursuance of section28 of this Act,
Land Board to be
increased to five members, of whom the present members shall be three, and the other two shall bc appointed by the Governor. Three members of such Board shall form |
Governor may accept
surrender | |
by effluxion of time would expire after thirty-first December, one | |
thousand eight hundred and ninety-three. |
Paymentforimprove- 32,
I n any such | ||
-
The Crown Lands Amendment Act.-1887.
In the event of the surrender of any land included in any |
one or more of the several pastoral leases specified in the Third | ||
Schedule hereto, new leases of' any such land &ay be granted to the persons entitled thereto for an extended term, expiring on the thirty- first day of December, one thousand eight hundred and ninety-five. |
34. Section 109 of | The Crown Lands Consolidation | |
is hereby amended by striking out the words | six months " |
occurring after the words | not later than " in the second line |
of the said section: Provided that new leases of land in respect of which reports of the Pastoral Board have heretofore been laid before Parliament shall be offered for sale at least six calendar months before the expiration of the existing leases.
'Vr% |
35. Notwithstanding anything contained in Part | |
lends |
principal Act, it shall be lawful for the lessee, under any miscel- laneous lease granted for grazing purposes only, to cultivate the whole of the land comprised in the lease, and cultivation of such land shall not render the lease liable to forfeiture: Provided that no timber shall bc cut down or destroyed without the consent of
thc Cornmiss' | c ion er. |
VIIL-Educationa l Leases.
goats or pigs on any lands vested in the Commissioner of Educational | |
Lands shall forfeit and pay, on conviction, the following penalties, that is to say :--For the first offcncc a sum not exceeding Five Pounds; for the second offence a sum not less than Five Poum.ls nor more than 'Ten Pounds; and for the third and any subsequent offence | |
of Threepence per head for every head of sheep, goats, or pigs, and One Shilling and Sixpence for every head of cattle so unlawfully | depastured. |
Lands reserved for .
any person who shall, at the time of the passing of this Act, hold | |
under any of the Crown | Acts first-class lands only, or second- |
class lands only, and any person who shall at any time hold under any of such Acts lands only (not exceeding one thousand acres) situate within the boundaries described in S.cbedule B to the principal Act, and which were prcviously held under agreement and sur- rendered h exchange for a lease, may in addition hold under selector's lease one block of lands reserved for leasing other than drainage lands; and residence by any such person on any such first- class OF second-class. or surrendered lands shall be considered residence by such
person on such land reserved for leasing held by him andvice versa.
38. Section
50' & 51" VICTORIE, No.420.
oOnditiOna
out the first subdivision, and by inserting in lieu thereof the | ||
|
(l) Residence on any land held under a selector's agreement or selector's lease shall be considered residence on all lands held by the same person, under sclcctor's agreement or selector's lease, and such residence shall continue
tc be so considered during the currency of any such agreement or lease, notwithstanding such person may complete or have completed the purchase of the land on which he shall reside.
any person holding lands under selector's agreement, or scrub lease, |
or under, every @ant made under selector's agreement, or scrub lease, or under selector's lease of lands previously held under agree- ment and surrendered. in exchange for a lease, may in addition hold | ||
land under a grazing and cultivation lease; and residence by any such | ||
person on any land so held by him under selector's agreement, scrub lease, or selector's lease, shall be considered residence by such person on all lands held by the same person under grazing and cultivation lease and |
under agreement in
within the boundaries defined in Schedule B to the principal Act, | |
shall be considered residence by such person on all lands within | |
such boundaries held by the samc person under selector's le,zsc of lands previously held under agreement and surrendered in exchange for a lease and | |
considered residence on any land situate within the limits described in the Second Schedule hereto for all the purposes of any con- | |
| |
man's block is exercisable shall bc fixed at the time when the lease is offered for salc. I n the case of working men's blocks heretofore leased, the price at which the right of purchase is exercisable shall be fixed within six months of the passing of this |
section
217 of the principal Act, shall extend tomaking regulations for prescribing the manner and extent of planting and keeping planted lands leased under this Act to encourage tree and fruit growing, and other industries; for prescribing the mode of appli- cation for taking up leases of such lands; and generally for morefully carrying into effect the provisions and objects of thisAct.
50" & | - |
proof boundary fencc, or make an existing boundary fence rabbit- |
proof, shall be entitled to recover from the owner or lessee of the land adjoining such boundary fence half the cost of such new fence, or of making such existing boundary fence rabbit-proof: Provided that notice of intention to erect such new fence, or to | be |
make such existing fence rabbit-proof; shall have been given. in
writing to such owner or lessee at least one calendar month before
such fence shall have been erected or made rabbit-proof. For the
purposes of this section, '' boundary fence " shall mean any fence
on the boundary between Crown lands leased to the lessee, and the
land of any other owner or lessee; " | rabbit-proof " | shall mean | Rabbit-pmof |
ordinarily capable of resisting the trespass of rabbits; and noticcs definition.
may be served either personally, or by being posted in any post
office, addressed to the person for whom the same is intended, at his
last known or most usual place of address.
45. Schedule | c |
principal Act-
adding a fourth subdivision thereto as follows :- " 4. Flinders Addition
Island."
In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
WM. C. F. ROBINSON, Governor.
50" &51" VICTORIJE, No.420.
SCHEDULES. THE
FIRST SCHEDULE.
OF | B o o ~ ~ ~ ~. - C o r n p r i s i n g | the whole of blocks |
O F | B T J ~ ~ ~ ~ ~. - C o m p r i s i n g | the whole of blocks 1, 2, and 3. |
OF | C o o ~ m o ~ ~. - C ~ m p r i s i n g | the whole of sections |
345, 35, 86, 37, 39, 40, 41, 42,43, 44, and 45, and that portion of the hundred south
of sections 39, 40, 41, 42, 43, 44, and 45, and east and south of hlock
A (miscel-laneous lease 3323), exclusive of sections 600 and 601 and reserve adjoining said
sections,
HUNDRED | OF F O R B T E R. - ~ O ~ ~ ~ ~ S ~ ~ ~ | that portion of the hundred south of road |
south of sections 100 and 97, east of road east of sections 85 and 78, north of road north of sections 69 and 66, and west of road running northerly from the north- eastern corner of section 66 to the south-eastern corner of section 100; also that portion of the hundred east of road east of sections 1 and 66 and south of road running east-north-easterly from the north-eastern corner of section 66 to the east boundary of the hundred.
OF | the whole of blocks I, L, and M. |
HUNDRED | OF IIYNAM.--Comprising | the wliole of sections | 21 OSW, | 2 11, |
~ X ~ N E, 2128w, 215, 216, 219, 220, 223, 226, 228, 229, 230, 231, 232, 233, 234, 338, 239, 249, 251,252, 262w, 272, 2'13, 290, 291, 292, 293, 302, 303, 304, 322, 323, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 346, 347, 348, 349, 351, 352, and 353; the whole of the miscellaneous lease blocks 2, 4,
and 5; and the whole of | blocks |
H U N ~ R E D | OF | N ~ m ~ ~ ~ ~. - - C o r n p r i s i n g | the whole of sections 192, 208, 239, 240, |
241, 242,243, 248, 250. 254,257, 262, 263,265, 272, 2004, and 2035.
OF N ~ ~ ~ o ~ ~ ~ ~. - C o m p r i s i n g | the whole of sections 7, 8, 9, 10, 11, 12, |
31, and 52.
HUNDEED | O F | W I R B E G A. - - C O I I ~ ~ ~ ~ S ~ ~ ~ | the whole of blocks | J, |
and K.
I I u ~ ~ ~ I ?, ~ s. - C o m p r i ~ i n g | that portion of the province formerly held under |
pastoral lease 5032, and those portions formerly held under pastoral leases 2253,
2359, and 2623 north-east of a line seven miles north-east of and parallel to the |
Adelaide and Melbourne railway line.
THE SECOND SCHEDULE.
Conlprising all that portion of the hundred of Lacepede-west | of road west of |
aections 42, 446, 442, and 434; south of road south of portion of section 428; west and south of roads south-west of sect,ion 428; east of sections 514 and 51 3; north of road north of sections 61, 63, and 66; north-east of road north-east of sections 67, 87, and 88; east of raad east of sections 110, 193, 259, and
339 ; southof road south of sections 383, 389, and miscellaneous lease No. 2967; south-east of road south-east of sections 506, 504, and portion of section 249; north of road north of portion of the north boundary of the hundred of Mount Henson; west ofsectians 13 and 23; north of road north of sections 23, 34, and 41; north-east of portion of road north-east of the railway line from Kingston to Naracoorte; ex- clusive of all neceasary roads and reserves.
THE
50" &51' VICTORIE, No.420.
The Crown Lands Ameudment Act.-1887. THE THIRD SCHEDULE.
b e n t Date
of Expiry of
John Holland Robertson
William Robertson Robert Robertson
John Holland Robertson
William Robertson | December |
Robert Robertson |
John Holland Robertson
William Hobertson | i |
Robert Kobertson |
John Holland Robertson
W-illiam Kobertson | 1 December | l l r t, 1888 |
Robert Robertson | ! |
John Holland Robertson
William ltobertson | June 30th, 1890 |
Robert Robertson |
.-.---.P - |
Govenunent |
0
0
0