The Irrigation and Reclaimed Lands Act Further Amendment Act 1910 (SA)

GEORGII V REGIS.

A. D. 1910.

No. 1022.

An Act to further amend 'L The Irrigation and Reclaimed

Lands Act, 1908."

[Asse~ted to, Deceritbev 7th) ipro.]

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

B with the advice and consent of the Parliament thereof, as

follows: t

1. This Act may be cited alone as "The Irrigation and Reclaimed Short title.

Lands Act Further Amendment Act, 1 91 0 "; and 46 The Irrigation

1022

and Reclaimed Lands Act, 1908," " 'l'he Irrigation and Reclaimed NO. 936 of 1908.

Lands Act Amendment Act, 1909," and this Act, may be cited No. g i g of 1909.

together as " The Irrigation and Reclaimed Lands Acts, 1908 to

1910."

L' The Irrigation and Heclaimed Lands Act, 1908," and all Acts other Acta. 2. This Act is incorporated and shall be read as one Act with 1 neorporation with

incorporated therewith.

3. Section 7 of '' The Irrigation and Reclaimed Lands Ad: Amendment of section 7 of A c t 993

1908," is amended by striking out all the words after the word lgoe.

fund " in subsection (2) thereof. M O ~ ~ U for WOC~S.

4. Section 20 of "The Irrigation and Reclaimed Lands Act, ~mendment of

1908," is amended by striking out all the words after the word ciection of 1908. 20 OE A U ~ 903

M land " in the third line thereof. Bent. bow detennind.

5, Section

1" GEORGII V, No. 1022.

The Ir~;Sation and Reclhid Lands Act Further Amendment

Act .1910.

of wetion 22 5. Election 22 of " T l ~ c Irrigd t ion and lteclitimed Lands Act,

of Act 933 of 1908.

1908," is repealed, and the following section is enacted in lieu thereof, and shall be deemed to have been enacted In the said Act on the passing thereof in lieu of the said section 22, namely :-

Area of holdings. 22. (1) There shall be no limit to the area of land or the

number of blocks which may be held under this Act by any person: Provided that of the land in any irrigation area so held by any person, whether held in his own name or in the name of any other person, not more than

fifty acres in the aggregate shall be reclaimed or irrigable

land. Of such fifty acres or any smaller area of reclaimed or irrigable land held as aforesaid by any person, the whole mav be reclaimed land, or the whole may be irrigable land, or part may be reclaimed and part irrigable land.

(2) I n this section "irrigable land " means land considered

by the Comnlissioner to be irrigable land.

Amendment of

section 28 of Act 953 6, Section 28 of " The Irrigation and Reclaimed Lands Act,

O€ 1908. 1908," is amended by substituting the number " 31 " for the number

Awounb of Board.	32 " in the first subdivision (a) thereof.
h v i s i o n mbatituted	7. Subsection (2) of section 31 of " The Irrigation and Reclaimed

f0rmbsecti0n(2)7 eection 31 of A C ~ 933 Lands Act, 1908," is repealed, and the following subsection is

of 1908. enacted in lieu thereof, namely :-

Liabiiity of Board for (2) Such Board shall be liable to the Commissioner for the repayment of

advancis and money e	all moneys so advanced, and for tlw payment
expendd.

of all moneys expended by the Commissioner in carrying out the objects and purposes of this Act in the irrigation area, whether before or after the proclamation of such area (except moneys expended before the fixing of the rents, as provided by section 16), with interest on all moneys 60

expended (except as aforesaid) at the rate of Four Pounds

per centum per annum up to the day of the constitution of such Board. The moneys so advanced and expended and the said interest are hereafter in this Division of this Act

referred to as the said advances."

~mvisionr'substituted

for section 32 of Act 8, Section 32 of " The Irrigation and Reclaimed Lands Act,

968 of 1908.

1908," is repealed, and the following section is enacted in lieu

thereof, namely :-

32. (1) In so far as the said advances consist of moneys

expended as mentioned in subsection (2) of section 31 and interest thereon, interest on the said advances at the rAte of Four Pounds per centum per annum shall be paid by the Board to the Commissioner at the expiration of each of the first four years from the date of the publication in the Gazette of the Proclamation constituting the Board; and thereafter the said advances, together with interest at the rate

aforesaid

1" GEORGII V, No. 1022.

The Irrigation and Reclaimed Lands Act Further Amendment

Act .1910.

-- - --

aforesaid on the amount thereof for the time being unpaid, shall be repaid by the Board to the Commissioner by twenty equal yearly instalments, the first of which shall be paid at the expiration of the fifth year from the said date.

(2) Interest at the rate of Four Pounds per centum per anrlum shall be paid by the Hoard to the Commissioner on the amount of any advance made to the Roard under subsection

(1) of section 31 a t the expiration of each of the first four

years from the date of such advance, and thereafter such advance, together with interest at the rate aforesaid on the amount thereof for the time being unpaid, shall be paid by the Roard to the Commissioner by twenty equal yearly instal- ments, the first of which shall be paid at the expiration of the fifth year from the said date.

(3) Notwithstanding anything in this section, the Board may at any time pay off the whole or any part of the amount of the said advances then unpaid, together with interest computed to the date of payment.

9, Section 80 of "The 1wiga.tion and Reclaimed T,ands Act, Amendment of section 80 of Act 9b3

1908, " is amended by substituting the words " 'i'hree Hundred of 1g08.

Pounds " for the words " One Hundred and Twenty-five Pounds " Limit of aavancee to

in subsection (3) thereof. lesseee.

10. The Commissioner may, at all times, do such acts and things Genf"~Owmof the Commissioner for

as may be necessary or convenient for the exercise of any power the purposesot the

or authority conferred upon him by, or for carrying out the objests

and prposes of, this Act or any A c t incorporated herewith; i n d,

without limiting the operation of this section, i t is hereby decla~ed

that after an irrigation area has been proclaimed, then until the con-

stitution of a Board therefor, and upon the determination of the

existence of the Board for any irrigation area, then until a new

Board is constituted therefor, the Commissioner shall have and may

exercise all the powers and authorities, mutatis mutandis, which a

Board would have or might exercise.

11, Notwithstanding anything in " The Irrigation and Reclaimed Board not to be

Lands Act, 1908," after the passing of this Act, a Board shall not idgation plant constituted where

be constituted for any irrigation area in which the water for the Comrmealoner.

bp

purposes of irrigation is supplied by means of pumping or other

plant erected by the Commissioner.

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

this Bill.

DAY H. BOSANQUET, Governor.

Adelaide: By authority, R. E. E. R o a w, Goverr~ruent Printer, North Terrace.