The Irrigation and Reclaimed Lands Act Amendment Act 1909 (SA)

EDWARDI V11 REGIS.

No. 979.

An Act to amend " The Irrigation and Reclaimed Lands

. Act,1go8."

[Assented to, D e c e t d u 1st , 1909.1

it Enacted by the Governor of the State of South =\ustralia,

follows: B" with the advice and consent of the Parliament thereof, as

1. This Act may be cited alone as 'a The Irrigation and Re- short title.

claimed Lands Act Amendment Act, 1909 ," and this Act and the said Act may be cited together as The Irrigation and Reclaimed Lands Acts, 1908 and 1909."

with, " The Irrigation and Reclaimed Lands Act, 1908," and all other Acts. 2. This Act is incorporated with, and shall be read as one Act Incorporation with

Acts incorporated with that Act.

3. (1) Section 8 of "The Irrigation and Reclaimed Lands Act, Amendmentof rrtion 8 of "Irri ation and

1908," is hereby amended by the addition of the following Lnb

paragraph :-- 1908."

Provided that notwithstanding anything contained in this Proviaoe

section, the Commissioner may, without any such resolution, from time to time, make advances under section 31 to any board of money not exceeding in the aggregate such amount

as could, with interest, be repaid in accordance with section

32 by an annual rate not exceeding One Pound on every acre of such land within the irrigation area as is either reclaimed land or land considered Ly the Commissioner to be irrigable land.

(2) The

979 . ."

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The h i g a t i o n and Reclui~red Lands Act Amendment Act.-1909.

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(2) '' The Irrigation and Reclaimed Lands Act, 1908," shall he

read aa if the said paragraph had been included in the said section 8 when the said Act was passed, and anything done since the passing of the said Act shall be as valid as if the said paragraph had been so included.

Cmwn lersee may 4. (1) The lessee of any Crown lands included in any irrigation

eurrender for lease

Uder "'J'heIrligadon area proclaimed after the passing of this Act, may tender a surrender

~n,y;$:,yd Landd of his lease for the purpose of obtaining a perpetual lease under

" The Irrigation and Reclaimed Lands Act, 1908," and the Governor

may, if he deems proper, accept such surrender in the name and

on behalf of His Majesty the King.

(2) The surrender shall be in such form, and be made and executed in such manner, as are prescribed by regulation, provided that until such form and manner are so prescribed the surrender shall be in the form, and be made and executed in the manner prescribed for surrenders under "The Crown Lands Act, 1903," with such variations as the case may require.

(3) The surrender shall be of no effect unless and until accepted in writing by the Governor.

Grrrnt of lenee and 5. (1) Notwithstanding anything contained in " The Irrigation

fixing of rent.

and Reclaimed Lands Act, 1908," upon the acceptance of a surrender, as pro\.ided by section 4, the lessee shall be entitled to the grant of a perpetual lease under the said Act of the land conlp~ised in the surrendered lease, at an annual rent to be fixed under the said Act by the Land Board, subject to the approval of the Commissioner.

(2) In fixing such rent, any improrements made in or upon the

land by the surrendering lessee shall be disregarded, and the rent

shall be fixed on the hasis of the value of such land without such

improvements.

Boade and streets to	remain vested in local 6, After the passing of this Act, section 62 of " The Irrigation
gorcmmeotaulhorily. and Reclaimed Lands Act, 1908," shall not apply to any main or

district road or street within an irrigation area, so far as such road or street is situated within a District eouncil District or Municipality; and upon the passing of this Act, any such road or street within an irrigation area already constituted, shall, so far as situated within a District ('ouncil District or Municipality, vest in and be under the control of the Council or Corporation of such District or Municipality.

Amendment of 8 - 6 4.

7. Section 64 of " The Irrigation and Reclaimed Lands Act,

1908," is hereby amended by striking out the words " all the duties,

oenedj-ui,ictiOn

of 10m1 government

authority not ~ t e d in jurisdiction, powers, and authorities imposed upon and vested in a

~olrrd.

District Council- under ' The District Councils Act, 1887,' and any

other Act for the time being in force in the said State, and also."

Amendment of a. 66.

How h r p m v i ~ i o ~ 1908," is hereby amended 8, Section 65 of " The Irrigation and Reclaimed Lands Act,

by striking out subdivisions (a), (b ), and

ot' Dietdat Council

Ads apply. (C) of

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The Irrigation and fieclaimed Lands A c t Amendment Act.-1 YOS.

(c) of subsection (1) thereof; and the other provisions of the said section shall apply only so far as they are applicable to the purposes of the said Act.

9. Section 66 of 6 b The Irrigation and Reclaimed Lands Act, Repeal of B. BB.

1908," is hereby repealed.	authority restored.
J uriadiction of local

10, (1) Section 67 of " The Irrigation and Reclaimed Lands Act, Repeal of section 67.

1908," is hereby repealed.	authority reetured and
Property of local

(2) If any of the land included in the irrigation area under the righte adjusted.

jurisdiction'of a Board constituted before the passing of this Act was, before the constitution of such Board, situated within a District Council Ilistrict or Mr~nicipality, such land shall, upon the passing of this Act, become again included in and form part of such District or Municipality; and thereupon all property, rights, and liabilities of such irrigation area and of such Board, which are vested in, apper- tain to. or are imposed upon such area or Board by virtue or by reason or in respect of such land, shall devolve upon and become vested in, appertain to, and be imposed upon such Ihtrict or Muni- cipality and the Council or Corporation thereof, except so far as such property, rights, and liabilities are held or exist for the purposes of

The Irrigation and Reclaimed Lands Act, 1908."

(81 If the Council or Corporation and the Board cannot agree as

to what property, rights, and liabilities become vested in, or appertain to, and are imposed upon the Council or Corporation by virtue of subsection (2) of this section, or to what extent they become vested in, appertain to, and are imposed upon the Council or Corporation as aforesaid, the matter shall be decided by arbitration by two arbitrators, one to be appointed by the Council ur Corporation and the other by the Board, and an umpire: to be chosen by such two arbitrators before they enter upou the reference, and the award shall be final.

11. (l! The Board of any irrigation area may, for the purposes Board may construct

of	"The lrrigation and Reclaimed Lands Act, 1908 "-	drains
but shall across reinstate roads, the
roads.
I. Cut and construct channels, drains, and watercourses on or across roads or streets within such area, though such roads or streets are vested in or under the control of a District Council or Corporation;

11.

From time to time improve, alter, cleanse, repair, widen, deepen,

divert, or extend any such channel, drain, or watercourse;

111. Erect fences on or across such roads or streets for the protection

of such channels, drains, and watercourses; and

rv. Do all such acts, matters, and things as are necessary for

carrying out the works authorised by this section.

(2) .4fter such works are carried out the Board shall erect and keep in repair such bridges and culverts, and do such other things

for reinstating such roads or streets, as are rendered necessary by

the carrying out of such works. (3) If

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The Irrigation und Heclaimed Lands Art Amendment Act.-1909.

(8) If the Council or Corporation and the Board cannot wetb as

to whether any particular works are for the purposes of " The Irrigation and Reclaimed Lands Act, 1908," or as to what are the obligations of the Board under subsection (2) of this section, the matter shall be decided in the manner provided by subsection (3) cf section 10 of this -4ct.

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

this Bill.

DAY H. BOSANQUET, Governor.

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Adelaide: By authority, R. E. E. ROQBRB, Acting Go~ernment Printer, Xorth Terrace.