The Crown Lands Amendment Act 1902 (SA)

ANY0 SECUNDO

EDWARDI V I I REGIS.

No. 802.

An Act to amend'the Crown Lands Acts.

&cz&LLs.

[Assented to, Novemtber y th, r902.J

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 Crown Lands Amendment short title.

,4ct, 1902," and shall be incorporated and read with '' The Crown

Lands Act, 1888," and all the Acts incorporatecl therewith.

2, Sections 34, 36, and 44 of "'l'he Crown Lands-Amendment Repeal.

A.t, 1890," sections 5 and 7 of " The Crown Lands Amendment Act, 1893," ctml section 5 of The Crown Lands Closer Settlement and Blockholders' Loans Amendment Act, 1901," are hereby re- pealed, but such repeal shall not, unless otherwise expressly provided for by this Act, affect any right, interest, or liability already created, incurred, or existing. nor anything lawfully clone or suffered under any Act hereby repealed.

P J RT .-The Land Board.

3, In this Act "agreement" sh11 mean an agreement for the De5nition.

purchase of lands held under any homestead lease.

4, This Act is divided into three Parts, as under- Division of h t.

PART 1.-Surrender of Crown Lease for Agreement with

Covenant to Purchase or a Perpetual Lease:

2 O EDWAKDI VII, No. 802.

The Cram Lands Amendment Act.-1902.

PART I. PART I.

SURRENDER O F CROWN LEASE FOR AGREEMENT

WITH COVENANT TO PURCHASE OR A PER-

PETUAL LEASE.

Homeatead 1-0 5. The lessee of any homestead or perpetual lease, having com-

be ourrendered for 1. plied with the plovisions contained in his lease for the .payment of

, l light of

purchaee.

rent, mny make written application to surrender such lease and to

obtain in lieu thereof an aireement under this Act.

Land Board to flx

value and to give 6, On receipt of any such application the Land Board shall,

notice to purchaser.	subject to the approval of the Commissioner, value the land and fix the amount of the purchase-money, which in the case of repurchased land shall be fixed at the aggregate price at which the land was repurchased and of the expenses of and incidental to the sub-division and allotment thereof, and immediately thereafter written notice of such amount shall be given to the lessee.
three monthe, refuse
Leesee shall, within	7, The lessee shall, within three months after the posting of such in the event of his agreeing to purchase, he shall forward with the notification of his acceptance an amount equal to the first half- yearly ihstalment hereinafter referred to.
or coneent to pur-	notice, accept or refuse to purchase at the price notified to him, aurl
hase.
Agreement to contain

covenant to purchase 8, In each agreement the purchaser shall, in addition to the

usual covenants, conditiot~s, and provisions contained in an agreement

by instalment8 in

thirty years.	for the sale and purchase of Crown lands, covetlant to purchase his block at the price fixed by the Land Board, ancl to pay the purchase- money and interest at not less than the rate of Four Pounds per centum per annum by sixty half-y early instalments of Two Pounds Sixteen Shillings and Five Pence for every One Hundred Pounds of the puichase-money, which instalments shall be paid in advance:
Proviao to purchase	Provided that the purchaser shall have the option of completing the
after six years.	purchase of his block at any time after the expiration of six years,
up to the time of purchase. on paying all principal clue under his agreement and all interest due
Agreement liable to	Q, An agreement shall be liable to forfeiture should any instal- ment thereunder be in arrear for six months and remain unpaid for three months after the same shall have been demanded in manner
forfeiture.
On forfeiture, pur-	provided by regulation; and upon any such forfeiture the right,
ohaner'o interest
determined.	interest, or claim, either at law or in equity, of the purchaser in and to the lands included in any forfeited agreement, and to any moneys paid on account of his purchase, shall cease and be absolutely deter- mined, and such lands may be dealt with as the Commissioner may determine, but any surplus derived from any re-sale shall belong to the defaulting lessee.

hasss map be m- 10, Any lessee under any Crown lease heretofore granted under

rendered for perpetual any of the Crown Lands Acts may apply in writing to surrender his

lease for a perpetual lease or an agreement with a covenant to pur-

chase

' 2 EDWARDI VII, No. 802.

The Crown Lands Amendment Act.-1902.

chase under the provisions of this Act: Provided that this section	PART	1.
I	shall apply only to any lease which is solely used for pastoral or
agricultural purposes, or both, or which, in the opinion of the Commissioner, may not be required far sub-division or for public

I purposes.

PART 11. PART 11.

THE LAND BOARD.

11, It shall be lawful for the Governor to appoint a Board, Govenormapappoint Board, coneiatiug of

consisting of four civil servants, to be called "'l'he Land Hoard." four civil servants.

12, I t shall be the dnty of such Board to meet whenever required, Powers anddutien of

and forthwith deal with* all applications and other matters which Board.

may be referred to i t by the C'ommissioner; and such Board shall

have and perform all or any of the powers, duties, and authorities

vested in or conferred or devolving upon any Land Board under the

Crown Lands Acts or any Closer Settlement .Act.

13, Members shall hold office for twelve months from date of Term O E ofice.

appoit~tment, and shall be eligible for re-appointment.

14, Any three members shall form a quorum, and may exercise Quorum, how

all the poivers and authorities vested in the Board. 'The chairman shall have a casting as well as a deliberative vote only when all the members are present.

15. The member nominated by the Commissioner in ths t behalf Chairman ~o be

shall be chairman, but in his absence from any meeting the members 2i:':z.

present shall elect' one of their number to be chairman for that

meeting.

16, Valuations made by the chairman, or by m y member or \Taluationsmadeby

members nominated by the Board, when confirmed by the Board, ~ ~ c ~ ~ ~ ~ ~ c o n -

firmed by the Board, mentioned, and shall be valid and effectual fbr all purposes.

shall be deemed to be a valuation by the Board under any of the

17, Notwithstanding the provisions of any Act to the contrary, Oath or b a t i o n

the chairman or any member or members nominated by the Land :;{Ezzbrd

Board is hereby authorised and empowered when obtaining evidence member.

preliminary to the allotment or transfer of any lands to administer the prescribed oath or affirmation to any person, and the evidence given by such person shall be taken dowri in writing and signed by

him, and countersigned by the chairman or member or members

taking the same.

PART

2" EDWARDI VII, No. 802.

The Crown Lands Amendment Act.-1 90'2.

PART 111.

MISCELLANEOUS.

Land muitable for

agriculture to be 18. w h e n it is shown to the satisfaction of the Commissioner

deemed pastoral land. that the land in any leasehold block held under the Crown is, by reason of the want of a sufficient rainfall, ansuitable for agriculture,

. such land shall be deemed to be only suitable for pastoral purposes, and the Surveyor-General shall class such land and fix the rent according to the capability of the said land for carrying and feeding sheep or cattle.

Amendment of

sectiona 24 and 48 of 19. The words b ' such price not being less than Five Shillings

A C ~	444, 1 8 ~ 8.	per acre" in section 24, and the Proviso in section 18, of	Act 444 of
188t(, are hereby repealed.

Amendmentofsection

4 of Act 777 of 1901. 20. Section 4 of Act 777 of 1901 is hereby amended by striking out the word 'S two" in the third line and inserting the word "three " in lieu thereof.

sub-letting. 21. Any person who has a lease containing a right of purchase,

or a covenant to purchase, or who has a perpetual lease, may, with the consent of the Commissioner of Crown Lands, at the end of six years from'the date of his lease sub-let the whole or any part of the land included in his lease for a period not exceeding thrce years, and on such terms as he may think fit within the terms of the lease.

Amendment of

aectione 5 and 7 of 22. The limitation of a carrying capacity of five thousand sheep

A C ~ NO. 706 of 1898. contained in section 5, sub-section I I. , and section 7 of Act No. 706 of 1898, shall not apply to lands outside Goyder's line of rainfall, and as to such lands the limitation shall be increased to a carrying capacity-of ten thousand sheep.

Member of Land 23, The words the Chairman of the South-Eastern Land

Board to be member

of ( l the ~ r a i n a ~ e Board " are herebv re~ealed in section 8 of the " South-Eastern

Drainage ~rnendnlknt Act, 1900," and the words a member of the.

Land Baard io be appointed by the Commissioner " are substituted in lieu and place thereof.

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

this Bill,

S. J. WAY, Lieutenant-Governor.

-h*.	.
Adelaide : By authority, C. E. Bars~ow, Oovernment Printer, North Tenwe.