The Northern Territory Tropical Products Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A. D. 1904.

No. 874.

An Act to provide for the Cultivation of Cotton and

other Tropical Products in the Northern Territory.

[Assented to, November rgth, rpog.]

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

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

1, This Act may be cited for all purposes as " The Northern short title.

Territoiy Tropical Products Act, 1904."

2, In this Act, unless some other meaning is clearly intended, Demtio-.

paration or manufacture for marketable piirposes. '

4" EDWARDI VII, No. 874.

the following words in inverted commas shall have the respective

meanings hereby assigned to them, that is to say :-

a The agreement " or "an agreement "-The agreewent containing

the terms, conditions, and provisions in the Schedule to this

Act, or in a form to the like effect:

l

Lands " shall mean any lands comprised and defined in section 4:

Minister "-The Minister of the Crown having the management

and control of the Northern Territory:

Occupier "--The person holding lands under the agreement:

b 4 Tropical products " - Agricultural or horticultural products

which may be utilised when cultivated by any process of pre-

The Northem Territory Tropical Products Act.- 19 04,

Resumption of leased

landa for catton- 3, The Governor may, notwithstanding the provisions of any Act

growing.

in force in the Northern Territory, resume possession of any leased

lands of the Crown required for the purposes of cotton-growing, and for the production of other tropical products, after the expiration of three months from the posting or forwarding to the lessee or his agent a written notice of such intended resumption: Provided that in effecting such resumption reasonable access for the lessee of such resumed land to existing permanent waters shall be reserved for such lessee.

north of the 4, This Act shall apply only to lands of the Crown situated in	Act to apply to landa
eighteenth parallel of the Northern Territory north of the eighteenth parallel of south
south latitude. latitude, but shall not include any lands situated within a radius of

tenS'miles from the town of Palmerston.

Area of lands held

under agreement. 5, The lands to be held by any one occupier under this Act shall

not exceed five thousand acres in area, and shall be held under

an agreement.

Application for lands.

6. Application in writing tilay be made to the Minister, in Adelaide, or to the Government Resident, at Palrnerston, for the necessary power and authority for the applicant to enter on and occupy any lands suitable for the growth and cultivation of the cotton plant or of other tropical products, and such applicant shall in his application describe the lands required and intimate his willingness to execute an agreement, and shall sign sucl~ application.

Deposit of cost of

7, Xvery applicant shall pay, on the signing of his agreement, as a deposit, a sum equal to the estimated cost of the survey of the land, this sum to be fired by the Government, and to be ieturned to the applicant after he ha.s complied with the terms of his agree- ment for a period of five )ears.

survey .

Agreement to be 8,

If the Minister shall approve of the applicant, and be satisfied of the suitability and adaptability of the lands for cotton production

executed.

and other tropical products, he shall forthwith-

( a ) Notify the applicant thereof:

( b ) Prepare and execute the agreement:

( c ) Forward the agreement in duplicate to the applicant for

execution by him.

h n d e tobesumeyed.

Q, When the applicant shall have posted or forwarded to the Minister, in Adelaide, or to the Government Resident, at Yalmer- ston, the agreement, in a registered letter, duly executed by him, he may forthwith enter upon possession of the lands, and the lands shall thereupon be surveyed by one of the Government surveyors at the expense of the applicant, and the boundaries and necessary roads shall be defined and the area set forth in the plan prepared by such surveyor. Such plan shall, when prepared and deposited with the Minister or the Government Resident, be deemed to contain the actual description and area of the lands, and shall be substituted for

any plan contained in the agreement. 10, l'he

4' EDWARDI VII, No. 874.

The Northern Territory 2bpical Products Act. -1 904.

10. The lands held under an agreement shall, when practicable, shape of lanb.

be of a rectangular shape, the length not to be greater than twice the breadth, and where such lands abut on a river the following provisions shall obtain :-

(a) There shall be reserved between the boundary of such land

and the river a reserve for travelling ~ t o c k and other pur-

poses, not being less thail three chains in width:

( b ) The breadth of the land shall front the river reserve or any

road adjoining the land.

11, Every agreement shall be hit1 before both Houses of Agreement tobelaid before Parliament.

Parliament within twenty-eight days after the making thereof if Parliament be then sitting, and if Parliament be not sitting then within fourteen days after the commencement of the next Session of Parliament.

12. NO transfer of any agrekment shall be permitted except Tmn8fer t"individ*l or company.

with the consent of the Minister, and no such consent shall be given

to any transfer in favor of an occupier who would therebyVhold

more than five tllousal~d acres of land under this Act.

13. When any breach shall occur on the part of the occupier Lands be mume4 and improvementr to

in any of the terms, conditions, or provisions contained in any	fo&itcd.
agreement, the Governor may, on giving notice as required by the agreement, resume the lands occupied thereunder, and all improve- ments made upon the lands during the currency of the occupation shall thereupon become the absolute property of the Government.

14, No greater area than one hundred thousand acres in the L i i t o t aggregate

aggregate shall be dealt with or disposed of under this ,4ct.	a l ~ ~.
I n the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE E. LE HUNTE, Governor. THE

4' EDWARDI VII, No. 874.

The Northem Territo y 13.opical Products Act.- 1904.

THE SCHEDULE.

Agreement made this day of 19 Between the

Honorable of Adelaide in the Sthte of South Australia the Minister.having the control and management of the Northern Territory

(hereinufter referred to as the Minister") and of

in the said State (hereinafter referred to as " the occupier") of the

other part whereby it is agreed between the par tie^ hereto as follows :-

l. The occupier shall subject to the provisions and conditions hereinafter contained have hold uue and occupy and enjoy the possession of all that land

situated in the hundred of county of

containing acres or thereabouts a~ defined in the plan herein set forth

for the term of fourteen jears from the date of this agreement

2. The occupier shall-

(a) Use the said land in the cultivation of the cotton plant or in the cultivation

of tropical products

(b) During the first three years of the term plant not less than one twenty- fifth of the land with the cotton plant or other tropical products and shall cultivate and keep cultivated the said one twentj-fifth of the land so planted in a practical and husbandlike manner

(c) During the last fbur years of the term cultivate and keep cuItivated with the cotton plant or other tropical products at least one-fifth of the said land

(d) Pay rent after the first seven years of occupation at the rate of One Penny Halfpenny per acre for each year or any portion of a year thereafter until completion of the purchase or other determination of the agreement

3. That the occupier shall be entitled to a land grant of the lands in fee simple if at any time durihy the term hereby granted he shall pay to the Minister the sum of Two Shillings and Six Pence per acre of the land and shall prove to the satisfaction of the Minister or any person authorised by him that-

(a) H e has expended a sum being in the aggrepate an amount not less than Ten Shillings in the cultivation of cotton or other tropical products on each acre of the lands let to him and for necessary plant and machinery used in the cultivation of cotton and other tropical products

or ( b ) That such occupier has obtained and produced from the lands comprised in this agreement two hundred pounds weight of marketable cotton or tropical products of an equal amount in value for every acre held under agreement

and (c) That he has cultivated one-third of the land and

(d) That he has complied with the terms conditions and provisions of the

agreement

4. For the purposes of paragraph 3 the proof to the satisfaction of the Minister shall be evidenced by the certificate in writing of the Minister

5. Should any of the terms conditions or provisions of the agreement be not ful- filled and performed on the part of the occupier and after one month's notice by the Minister to the occupier of any breach or non-observance of the eaid terms conditions and provisions or either of them this agreement shall be determined and the lands shall thereupon be resumed

6. All improvements erected upon the said land except tenant's fixtures during the currency of the occupation by the occupier shall be and become the absolute property

of the Government on the breach non-observance or non-performance of any of the

term8 conditions and provisions of this agreement

7. The Minister when the occupier becomes entitled to a land grant in fee simple of the lands shall forthwith have the lands vested in the occupier or other person

entitled reserving to the Crown all minerals

8. The words in this agreement shall have the same meaning and application as simi-

lar words used or defined in "The Northern Territory Tropical Products Act, 1904."

In witnesa whereof the parties hereto have hereunto set their hands the day and

year first above written

Signed by the said

in the presence of	1
in the presence of	I ---

Signed by the eaid

--

Adelaide: By authority, C. E. BRIBTOW, Government hinter, North Terrace.