The Pastoral Act 1904 (SA)

ANNO QUARTO
EDWARDI V11 REGIS.
A.D. 1904.
No. 850.
An Act to consolidate and amend the Law relating to

Pastoral Lands, and for other purposes.

[Assen ted to, Novenzber

zg ih, 19og.l

E it Enacted by the Governor of the State of South Australia,
B with the advice and consent of the Parliameut thereof, as

follows:

PART

PItELIMIN AKY.

DIVISION

Drvrsro~

--TITLE, DIVISIONS,

A N D

REPEAL,

ETC.

1. This Act may be cited as " The Pastoral Act, 1904."

Short title.

Powers:

2. This Act shall come into operation on a day to be fixed by Commencement of

Act.

Proclamation.
Divisions.
3. This Act is divided into Parts, as follows :-
Sec. 2, Act 686, 1893.

P ART

I .-Preliminary-

DIVISION 1.-Divisions

and Repeal, &c.:

DIVISION

11.-Incorporation

and Definitions.

PART I I .-The

Pastoral Board--

DIVISION

11.-Powers

in addition to all other

4 O EDWARDI VII, No. 850.
The Pizstoral Act.-1904.

PABT

PART 1 1 I.-Mode

of Offering Lands.

DIVIBION

P ART

IV.-Applications

and Leases-

DIVISION	11.-Forfeiture by Applicant.
DIYISION	IV.-Re-letting.

PART

v.-Rent,

Valuations, and Re-valuations.

P ART

v11

.-Resumptions

and Surrenders-

PART v111.-Occupation

by Outgoing and Possession by Incom-

ing Lessee.

PART ]X.-Travelling Stock.
PART X.-Relating to Water.

PART XI

.-Provisions

Regulating Vermin and Wire Netting.

PART x11.-Special

Leases to Discoverers or for Inferior Lands.

PART	x111.-The Tenants' Relief Board.

Repeal.

4, The Acts mentioned in the First Schedule to this Act are

Sea. 4 Act604,1890, hereby repealed to the extent therein specified.

amended.

Any repeal effected

by this Act, except where otherwise expressly provided, shall not
affect-
( a ) Any agreement, lease, or licence heretofore granted under
any enactment hereby repealed; nor
( h ) The past operation of any enactment hereby repealed, nor
anything done or suffered under any enactment hereby
repealed; nor
(c) Any estate. right, title, interest, benefit, privilege, power, d11 ty. covenant, condition, agreement, obligation, liability, or burden of proof created, imposed by, or acquired or exer- cisable under any of the Acts hereby repealed in respect of any contract, agreement, lease, or licence; nor
(d) Any penalty, forfeiture, or punishment incurred in respect of
any offence committed against any enactment hereby
repealed; nor W Any
4 EDWARDI VII, No. 850. .

The Pastorat

A c t. 1 9 0 4.

( e j Any legal or other proceeding, valuation, arbitration. or

PART

D 1 v l ~ ~ ~ ~

I-

remedy in respect of any such right, privilege, obligation, burden of proof, liability, penalty, forfeiture, or punish- ment as aforesaid; and any such proceeding, valuation, arbitration, or remedy may be carried on as if this Act had not been passed.

5. The Goveinor may grant leases for pastoral purposes of any ~

pastoral lands; but no such lease shall hereafter be granted except hen^$^^^^
in manner provided by this Act, 6r for the purpose of giving effect C v e m.

to any right which may be existing at the passing of this Act.

Sec. 5, A C ~

686, 1893.

6. This Act shall apply to all leases granted since the twenty- Application of A C ~.

~ i g h t h

day of January, one thousand eight hundred and ninety-nine. New.

7. The several words and expressions hereunder set forth shall, Deanitiona.
unless the subject matter, or context, or other provisions require a different construction, have the respective meanings set opposite to them-

sec. 4, A C ~

686,1893.

'L Board"-The

Pastoral Board provided for by this Act:

'' Boundary fence"-Any

fence used as an outer boundary fence SW. 21, A C ~

712,

of any contiguous lands occupied as one run:

1898-9.

Cattle" shall mean and include camels, horses, geldings, mares, SW. 6, A C ~

444,1888

asses, mules, bulls, bullocks, and cows; also foals and ca l~es
over six months old:
" Commissioner " shall mean Commissioner of Crown Lands:
'

G a z e t t e " The South Australian

Government Gazette :

" Intense culture "-The

growth of fruit, plants, and vegetables, sec. 7, Act 770, 1901.

or any other produce by means of irrigation from artesian

wells, or natural springs, or water conserved by the State:

'- Lands "-Lands

not included in any hundred, and also all lands Sec. 4, ~ c t

6il.i,1893,

vested in the Crown, and subject to any pastoral lease at the amended.
time of the passing of this Act:
Lease "-8 lease of any pastoral lands, or a right to any such N ~ W.
lease:
dew.

" Prescribed "-Prescribed

by Act or regulation:

New.

Proclamation "-Proclamation

in the Gazette :

New.

" Published "-Published

in the Gazette :

'' Run"-The

land comprised in any lease under this Act; and Sec. 4, Act 686,

1891.

also contiguous lands, or lands worked together as one run although not contiguous, comprised in two or more leases held by the same lessee:

*' Sheep" shall mean and include rams, goats, wethers, and ewes, Sec. 5, A C ~

444,1880.

and lambs over six months old:

" Unstocked

4' EDWARDI VII, No. 850.
The Pastoral Act.-1904.

PART I.

IJnstocked country '-Lands

which have never been stocked,

L)IVISION 11.

or which have been unstocked for more than two consecutive

sec. 2, A C ~

642, 1896.

years:

Sec-94, *ct686,1893

amended.

" Vermin" shall mean and include dingoes (or native dogs), dogs run wild, dogs at large, foxes, rabbits, hares, and any other animals which the Governor shall, by Yroclamation, declare to be vermin for the purposes of this Act.

PART 11.
THE PASTORAL BOARD.
Governor shall ap-

point Board, consisting	DIVISION	1.-CONSTITUTION.
of the Surveyor-

General, one other

8. The Governor shall appoint a Board, consisting of the Sur-

servant, and

one member not a	veyor-General and two other members (one not being a Civil servant),
Civil servant.	to deal with pastoral lands and to exercise and discharge the powers
Secs. 7 and 8, ibid.,
amended.	and duties hereinafter mentioned, to be called "The Pastoral Board."

Powers and duties.

9. The powers and duties assigned by the Acts hereby repealed,

New.	or any of them, to the Pastoral Board constituted thereunder shall be exercised and performed by the Pastoral Board hereby con- stituted.

Surveyor-General	10.	The Surveyor-General shall be the chairman, but the members
to be chairman.

sec. Bamended.

present shall elect one of their number to be chairman for any

meeting where the Surveyor-General is absent.

Term of office.

11, Members shall hold office for twelve months from the date of

Sec. 10, ibid.	appointment, and shall be eligible for reappointment.
When

Sec. 13, ibid.

12. The Board shall meet as the members or the Commissioner

may require.
Quorum, how

constituted.

13. Any two members shall form a quorum, and may exercise

Sec. 11 amended, ibid. all the duties of the Board.

Caseso'

Sec. 12, ibid.

14. When two members only are present, any matter upon

which there shall be a difference of opinion shall be postponed for

consideration by a full Board.

Valualions to be	effectual when con- 15. Any valuation made by the chairman or by anyone autho-
firmed by the Board, rised by the Hoard shall, when confirmed by the Board, be deemed

237 Act 8309
1903. to be a valuation by the Board.

Member of Board not

to be interested in

16. NO person while a member of the Board shall be eligible

allotted lands.	as an applicant or be interested, directly or indirectly, in any appli-
Member not to deal
with application by	cation for or the surrender of a lease, and no member of the Board
relative.	shall hear or deal with any application in which any partner or

1893. eec. l*, Act 5*5, relative of such member shall be interested.
Penalty.

gee. 15, ibid,

17. Any member of the Board acting contrary to the preceding

amended.

section in any particular shall be liable to a penalty not exceeding One Hundred Pounds. 18. Any

4' EDWARDI VII, No. 850.
The Pastoral Act-1904.

18. Any application granted contrary to the provisions of section

P"T

DIVISION

16 shall be absolutely void, except as against any purchaser, not

being a partner or relative of such member, who shall purchase bond tor to relative

fide for value without notice of the offence having been committed.	pad ,cm 1 6, ~ c t	686,
1893.

19. All premiums or other consideration received by such mem- Premiumarweiyedb~

member, partner, or

ber, or his partner or relative, from any such purchaser shall belong l*ehti,e to belong to

to the Crown, and be recoverable from such member, partner, or

relative by the Comniissioner or any person appointed by him, by Part sec. 16, ibid.

a ~ t i o n

in any Court of competent jurisdiction.

The Board, with the approval of the Commissioner shall-

The Bwd'a powers.

I. Deal with any lands:
.Pon area

I I.	Decide upon the area, the boundaries of the land, the annual rent to be paid, and the term to be granted in any lease:	amended.
8ec. 18, ibid,

111. Consider, decide, and, i f necessary, accept or reject applica- Consider applications.
tions, and thereupon report its decision to the Commis- New.

sioner:

Sec. 21, Act 830,1903.

IV.

Sub-divide or alter the boundaries of any land applied for, Sub-divideboun-

daries. New.

and adjust the rental and value of improvements:

Sec. 21, A C ~

830,1903.

Deal with all other matters referred to it by the Commissioner. Deal with other

matters. New.

Sec.?l, Act 830,1903.

21.

The Board, any member thereof, or any person authorised poTer

to Board to

any lands leased. 1893, amended.

by the Board may, for any of the purposes of this Act, enter upon ~ydyf;,

DIVISION

111.-EVIDENCE.

DIVISION

III.

22, Notwithstanding the provisions of any Act to the contrary, Oathorafirmsfi~n

may be administered

the chairman or any member nominated by the Board is hereby by chairman or
authorised and empiwered when obtaining evidence preliminary to member.
the allotment or transfer of any lands to administer the prescribed sec.26yAct P3091903*.

oath or affirmation to any person, and the evidence given by such person shall be taken down in writing and signed by him, and countersigned by the chairman or member or members taking the same.

23, The oath may be in the following form :- '' The evidence Form of 08th.
which you shall give before this Board shall be the truth, the whole Sec. 26' ibid.

truth, and nothing but the truth-So

help you God."

24, Where any witness conscientiously objects to take an oath, Afarmation

made in lieu of oath.

he may make the following declaration :-" I, A.B., do solemnly,

sincerely, and truly declare and affirm that the taking of

any oath Sec. 27, ibid.

is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and t ruly de,clare and affirm that I will state the
truth,

4' EDWARDI VII, No. 850.

- -

1%e Pastorat Act.-1904.
truth, the whole truth, and nothing but the truth to all questions that may be asked me." And the game shall be of the same effect as an oath taken in the form hereinbefore provided.
Board may require

attendance of

25, The Board may, by notice under the hand of the chairman

witnesses and pro-	or acting chairman, require the attendance of, and examine upon
duction of documents.	oath or affirmation all applicants and other persons, and may require
Sec. 88, Act 686,
1893.	such applicants or yereons to produce to the Board all documents in their possession, custody, or control relating to any pastoral land, lease, or other matter or thing whatsoever which may be under the consideration of the Board.
Penalty for non-

attendance.

26, Any person whose attendance shall be so required, and who

shall not duly attend the Board at the time and place appointed in

Sec. 90, ibid.

the notice, or who shall fail or neglect to produce any documents in his possession, custody, or control, of which due notice has been given, shall, for every such offence, be liable to a penalty of not exceeding 'J'en Pounds a day for every day on which such offence shall be committed or continue.

PART 111.
MODE OF OFFERING LANDS.

Board not bound

27. The Board shall not be bound to grant an application for

to grant lesse of lands

suitable for agricul-	a lease of any land which may be considered suitable for agricultural
tural purpowa.	purposes.
Determination of the

size and boundary

28, In fixing the size and boundaries of the land to be com-

of land.	prised in each lease regard shall be paid to the natural features of
Part sec. 18, ibid.,	the country so as to utilise the improvements and waters to the best
amended.	advantage to each lease as equally as possible.
Board to fix amounts

payable for improve-

29, If there shall be any improvements on the land intended to

ments, subject to	be leased the Board shall fix the amount to be paid therefor as here-
Commissioner's
approval.	inafter provided, distinguishing between the amounts payable to
Sec. 20, ibid.	the Crown and to the outgoing lessee.
On expiry of lease

land to be re-offered

30. At, or within twelve months before, the expiration by

under this Act.	effluxion of time of any lease all land comprised in such lease not
Seo. 31, ibid.	required for any other purpose shall be re-offered for lease.
Declaration that

paatoral lands open	31. When any lands are open for leasing under this Act the
for leasing.

Sec. 22, ibid.	Commissioner shall give notice thereof in the Gazette.
Particulars to be
mentioned in notice.	32, 'l'he notice shall, besides any other necessary particulars, mention the area and situ.ation of the land, the term, the annual rent, and the price to be paid for the improvements (if any), and to whom the same is to be paid, and cost of valuation of improvements, and shall specify a date, not less than thirty days after the first publication, up to which applications for leases may be received.
Sec. 23, ibid.
4" EDWARDI VII, No. 850.

The Pastoral Act.-1904.

33, The Commissioner may, by notice in the Gazette, withdraw

PART 111.

any lands declared open for leasing, and may subsequently, by a Land8 may eh. notice in the Gazette, declare the same, or any part thereof, to be drawn fromleaeing.

sec. 24, A C ~

686,

open for leasing under this Act.

1893.

34, If any lands shall be declared open for leasing, but no appli- IAIM-S

unsold may be

cations shall be duly made therefor within one month after the date

offered at reduced

lower ,d,

specified in the notice as aforesaid, or should all applications for improvements.
received be rejected or refused, the Commissioner shall, at intervals Sic. 26, ibid.

of' not less than three months, until applications are accepted, upon

16, bet 642,

giving further notice in the Gazette, re-offer such lands at such reduced

1896-

rent and reduced price for improvements, or at such reduced rent, or reduced price for improvements as he may, with the advice of the Board, think proper: Provided that, if the improvements belong to the lessee, the price for such improvements shall not, except to the extent to which there shall have been depreciation therein from the first publication of the notice mentioned in section 31 hereof, be reduced until-

I. he rent has been reduced to the extent of fifty per centum, Sec. 21, ibid

after which the rent and the price for improvements shall

be reduced proportionately:

I I. Twenty-one days' notice in writing shall have been given by Sec. 6, Act 66,

the Commissioner to the outgoing lessee of an intent to make 1896.

such reductions, and particulars thereof, and the outgoing lessee may, within twenty-one days after receiving such notice

in manner prescribed, appeal to the Tenants' Relief Board

to fix the amount of rent and the price for improvements, and it shall be lawful for such Board to reduce or increase such rent or price for improvements to such extent as they think fit; and until the determination of such Board is certi- fied to the Commissioner, and by him notified to the appellant lessee, the Commissioner shall- postpone offering such lands for leasing; and the determination of such Board, when so

certified, shall be acted upon by the Commissioner: Pro-

vided that, after the rent and price of improvements are

once fixed by the Tenants' Relief Board, no further appeal shall be allowed, and without the consent of the outgoing lessee the price for improvements, except for depreciation, shall only be reduced when the rent is reduced propor- tionately.

PART

IV.

PAET xv.

APPLICATIONS L4NI) LEASES.

- -

35. Applications for leases shall be made in writing to the Form of application.

Commissioner.	sec. 26, A C ~	685,
1893.

36, Each application shall be accompanied by deposits of-

lbla.

Amount

... .

of deposit.

I. Equal to twenty-five per centum of the first year's rent, as

notified in the Gazette :

11. Equal

8 4' EDWARDI VII, No. 850.

PABT IT.

The Pastoral Act.-1904.

DIVISION

sec. 9, Act 642, 1896.

11. Equal to five per centum on the price to be paid for the

improvements (if any), as notified in the Gazette :

Sec. 4, Act 669, 1896.

111. Equal to ten per centum of the price to be paid for the

improvements where the improvements are not the property
of the Crown.

Deposit.	37. The deposit referred to in sub-section 11. of section 36 shall, in the case of an applicant for a lease whose application has been accepted, and who has executed the lease within the time and in the manner specified, be credited against the first instaiment of the purchase-money.
New.
Ilimultaneous appli-

cations.

38. All applications for or iiicluding the same land, received

Sec. 27, Act 588,	before or on the date specified in the Guzette notice, shall be dealt
1893.	with as simultaneous applications, and after such date all applica- tions received prior to thk next meeting of the Board shall be dealt with as simultaneous applications.

*

Lessee of expired

39. Nothing in this Act shall be construed as implying that any

leaee may apply for

lease.

lessee whose lease has expired may not be an applicant for and

8ec. 28, ibid.

obtaiu a new lease of all or part of the lands comprised in his expired

lease.

Applications to be

referred to Board.

40, All applications shall be referred by the Commissioner to

Sec. 29, ibid.

the Board, who shall, subject to the approval of the Commissioner,

determine to which applicants leases shall be granted.

Names of successful

applicants to be

41, Notice of the names of the successful applicants, together

gazetted.

with particulars of the lands to be leased to them, and the rents and

Sec. 32, ibid.,

price to be paid for improvements (if any), and any other particulars

amended.

the Commissioner may think necessary, shall be published in the

Gazette. All moneys deposited by any unsuccessful applicant shall,

subject to deductions therefrom of any rnonej-S which may be due

by him to the Crown, be repaid to him within twenty-one days from

the time of his application being rqjected.

Succemful applicants.

to execute leaee and

42. Every successful applicant shall, within one month after the

make payment.	first publication of such notice, and in the manner prescribed, pay the
sec. 33, ibid.	balance of the first year's rent aud, subject to sections 69 and 70, the purchase-money for the improvements (if any); and shall execute the lease within the time and in manner prescribed.

Payment of rent and

43, The si~ccessful applicant shall not be entitled to have the

purchaae-m~n.ty

pRoede execution of	lease executed by the Governor until payment of the first year's rent
l e w by Governor.	and the purchase-money for the improvements (if any), unless he
See. 36, ibid.	shall have obtained the consent of the Commissioner for payment
by instalments of the improvements the property of the Crown;
or, as regards improvements, the property of the outgoing lessee, a mutual agreement shall have been entered into as provided in section 70.

DIVISION

4" EDWARDI VII, No. 850.

The Pastoral Act. -1904.

PART

IY.

DIVISION

11. - FORFEITURISS

BY APPLICANT.

DITXBION

XI.

44, If any successful applicant fails to comply with section 42 Forfeiturefornon-

compliance.

he shall forfeit his deposit and all other moneys paid by him in

ibid.

resprct of the land applied for or the improvements thereon, and all sec I0,Act812,18g6.

right to a lease of the lands, without prejudice nevertheless to any

other rights or remedies the Crown or the Commissioner may have New.

against him by reason of such non-co~upliance.

45, Any moneys forfeited with respect to rent or improve- Application of for-

feited deposit.

ments, the property of the Crown. shall be retained by the Com- sec. 11, ibid.
missioner. Any moneys forfeited with respect to improvements,
the property of the outgoiug lessee, shall be forthwith paid to
such lessee, less all proper deductions.
46. Any person entitled to a lease shall be deemed a lessee Pastom1 lease.

within the meaning of this and all Acts affecting pastoral lands.

sec. 18,Act 770,1901.

47, Every lease shall be in a form containing the covenants, Pom and general

conditions.

exceptions, reservations, and provisions mentioned in the Third Sec. 3,, bot585, 1893.
Schedule to this .Act. subject to anv modifications or additions stated in the notice offering the lands foileasing; and every lease shall be prepared by the Commissioner, and executed in such manner as may be prescribed.
48, No lease granted under this Act shall authorise the lessee to surface of land may

carry on mining operations of any description whatsoever upon any $;4@:."

best

part of his run, but the lessee shall he at liberty to utilise the surface

of the land, or any part thereof, for pastoral purposes, or for any Amended.

other purpose approved by the Commissioner.

36, ibid.

49, All leases hereafter granted shall be for a term of forty-two Term of lease.

years, unless the Board, with the approval of the Commissioner, f irt ,,,. 8, ~, t

770,

shall certify that the lands to be included therein are Likely to be l g o l

required for closer settlement, i n which case the lease shall be for a term of twenty-one years. Leases for a term of forty-two years shall be subject to re-valuation of rent for the last twenty-one years thereof,

50, No covenants or conditions shall be inserted in any lease Conditions of lease.

Sec. 27, Act 7 12.

except such as are authorised by law.

1898-9.

Before re-offering any lands previously held under lease the Commissioner shall obtain a report whether such lands, owing to the Bet. 7,	~ e - l e t t i n g	of lands.
642,1896.
nature of the soil, the rainfall, or proximity to seaboard, or to a rail- way already constructed or about 20 be constructed, are suitable for sub-division into smaller holdings for grazing and cultivation pur- poses; and if the Surveyor-General shall report that such lands, or any portion thereof, are not suitable for such sub-division, then such lands, or such portion thereof, shall be re-let under section 49.

51,

B-860

PART

4' EDWARDI VIT, No. 850.
The Pastoral Act.-1904.
PART V,
RENT, VALUATIONS, AND RE-VALUATIONS.
Rent tobedetermined

by Board.

52, The rent under the lease shall be determined by the Board,

sec. 2, Act 7 12,

subject to the approval of the Commissioner, having regard to-

1898, sub-sec. 11.

(a ) The carrying capacity of

the land for depasturing by stock:

( b ) The value of the land for agricultural or other purposes:
(c) The proximity and facilities of approach to railway stations,
ports, rivers, and markets:

( d ) All other circumstances affecting the value of

the land to

a lessee:

New.	Provided that in fixing rents of a run, whether by re-valuation or otherwise, no regard shall be had to any increase in value of the run caused by improvements thereon which shall not be the pro- perty of the Crown.
by reason of public

Re-valuation of rent

53. If during the term of any lease any railways, waterworks,

works.	reservoirs, or other works of a public nature shall be executed by
Sec. 68, Act 586,	the Government on or in the vicinity of a run, and by reason thereof
1893.	the value of the run shall, in the opinion of the Commissioner, be enhanced, the Commissioner may direct the Board to make a re-valua- tion of the run, or any part thereof; and the Board shall thereupon make such re-valuation, and determine, subject to the approval of the Commissioner, the amount (if any) by which the rent should be increased, and the date from which such increased rent should be payable; and the Commissioner shall thereupon serve notice of such increased rent upon the lessee.
Rr-valuation not to

be retrospective, nor	64. No such re-valuation shall be retrospective or be made
made within certain

intervals.

within five years after the commencement of the lease, nor within

ten years after any previous re-valuation.

Sec. 69, ibid.

Time of re-valuation.	55, During the first six months of the twenty-first year of the term of any lease for forty-two years the Board shall make a re- valuation of the run and determine, subject to the approval of the Commissioner, the rent to be paid by the lessee during the last twenty-one years of' the lease.
New.
Completion of
re-valuation.	56, Such re-valuation shall be completed not less than six months before the expiration of such twenty-first year, and the Commissioner shall forthwith serve upon the lessee notice in writing of the rent to be paid during such last twenty-one years: Provided that the annual rent to be paid on re-valuation as provided in this and the last pre- ceding section shall not be more than fifty per centum above or below the rent payable during the twenty-first year of the said term.
New.

Appeal.

57. Any lessee may, at any time within three months from the

SW. 70, ibid.

service of any notice of re-valuation, as provided in sections 53 and

66,

EDWARDI

No.

P P

The Pastoral Act.-1904.

56, by notice i11 writing, appeal to the Commissioner against such	PART	v.
re-valuation, and thereupon the matter shall be determined bv arbitrators pnrsuan t to the Arbitration Act, 189 1 ," one arbitratdr being appointed by the Commissioner and the other by the lessee.

58. The Co&nlissioner shall give notice to the lessee of the Notice of rwdt ot

decision of the arbitrators or umpire, and (in the case of a revaluation

pursuant to section 53 hereof) the date from which the rent fixed ~ e c.

7 1, A C ~

686,1893)

amended.

on such re-valuation shall be payable, and shall insert a like notice in

the Gazette.

59. If

the lessee shall not within the time mentioned in section Finality of appeal.

57 hereof appeal against the Board's re-valuation the lent fixed on Sec. 72, ibid.,

such re-valuation shall be payable by the lessee from the date of the amended-

expiration of the twenty-first year of the lease or from the date

mentioned in the notice, as the case may be.

PAR'I' VI.
IMPROVEMENTS.

.60,

Within twelve months before the expiration by effluxion of Val~ationotim~rove-

ments to be made

time of any lease, all improvements existing upon the land shall be twelve months

valued, where practicable, in detail, and their position indicated on before expiry of 1e-e.

a plan to be prepared by the Commissioner and signed by the Com-	ibid.
mifisioner and outgoing lessee.

61, Every pastoral lease hereafter granted shall, in addition to 1 mpmvements on

future leaaes.

the covenants already provided for, contain a covenant binding the sec. 5, Act ,12,

lessee, in such form as may be prescribed, to expend in improve- 1898-9.

ments on the land such sum, not exceeding Ten Shillings per mile

per annum, as shall be recommended by the Pastoral Board, approved

by the Commissioner, and fixed by the lease: Provided that smh

covenant shall cease so soon as there shall be at least Three Pounds

per mile value in improvements expended on the land.

62. No improvement shall be valued at a sum in excess of Improvements to be

the value thereof considered solely in connection with its worth to .due to incoming

valued on basis of

an incoming lessee:

Provided that if the area held by an outgoing leasee.

lessee be reduced by sub-division for letting to an incoming tenant amended.

Sec. 44, Act686,1893,

below the carrying capacity of ten thousand sheep in Class A, thirty S,,. 6, ~ ~ t 6 4 2,

1895,

thousand in Class B, or sixty thousand in Class C, or a proportionate a~lended.

number of cattle, the improvements shall be valued for the protection

of the outgoing lessee according to their worth to an incoming lessee

as if the area let was of such carrying capacity, but as regards water

improvements the same shall be valued as if there had been no sub-

di6sion of the area held by the outgoing lessee, and the outgoing

lessee shall be paid therefor accordingly; and as .regards any

amount which the outgoing lessee may be entitled to for improve-

ments, and which the incoming lessee may not be liable to pay, such

amount shall be paid by the Commissioner to the outgoing lessee at

the time when the outgoing lessee is entitled to payment of the sum

which the incoming lessee is liable to pay. For

4" EDWARDI VII, No. 850.
The Pastoral Act.-1904.

PART 71.

For the purpose of this section pastoral lands are divided into three classes, as follows-

Class A-Including

all pastoral lands in District A as

described in the Fourth Schedule to this Act:

Class B-Including

all pastoral lands in District B as

described in the said Schedule:

Class C-Including

all pastoral lands situate to the south of

the twenty-sixth parallel of south latitude and not
included in Class A or B.

In case of dispute,	63, If the Commissioner and the outgoing lessee shall not,
valuation to be made

bp arbitration.

within nine months before the expiration of the lease, agree as to the value and position of any such improvements, a valuation thereof

Sec. 43, A C ~

642,

1896. shall be made by arbitrators, pursuant to the "Arbitration Act,
1891 ," one arbitrator to be appointed by the Commissioner and
the other by the lessee.

Date of appointment

of arbitrators and of

M, The date for the appointment of arbitrators shall be fixed

award.	by the Commissioner, by notice in the Gazette, and shall not be later
amended.
Sec. 46, ibid.	tnan six months before the expiration of the lease. The decision of
Sec. 45, ibid.	the arbitrators or umpire shall be reported in writing to the Commis- sioner and the lessee three months before the expiration of the lease, or at such date as may be agreed by the Commissioner and the lessee.
Outgoing lessee to
receive payment from	65, Subject to the provisions of this Act, the outgoing lessee shall be entitled to receive from the incoming lessee the value, as so determined, of all improvements made or purchased by him existing
new leasee.

sec-	47, *ct 68h,	upon such portion of	the outgoing lessee's run as may be comprised
1893.

in the new lease, and as regards lands which shall not be offered for

Sec. 17, A C ~

642,

1895. lease within six months after the expiration of the lease, the amount, as so determiued, of all improvements thereon shall be paid by the Commissioner to the outgoing lessee upon the lessee giving up pos-

session thereof.

for improvements W

AU purchase-money

66. The purchase-money to be !)aid for improvements by the

be paid in first	incoming lessee, whethe1 a£	terwards payable to the outgoing lessee
instance to the

Commissioner.	or not, together with interest at the rate of four per centurn per
Sec. 48, Act 585,	annum on m y amount overdue shall be a debt from the incoming
1893.	lessee to the Commissioner, payable as hereinafter provided, and
Sec. 14, Act 770
1901.	recoverable in any Court of competent jurisdiction.

of

ment improvements

67. The moneys received by the Commissioner for improvements

to be credited to Loan belonging to the Crown shall be paid to the credit of the Loan Fund.

Fund.

8ec. 49,Act 585, 1893.

Payments to outgoing

68. The moneys received by the Commissioner from the incom-

lessee.	ing lessee in respect of improvements, the property of the outgoing
Sec. 60, ibid.	lessee, shall be paid over to the outgoing lessee on his giving up
Sec. 13, Act 642,	possession, as hereinafter provided, less all costs actually incurred
1896.	of and incidental to the recovery thereof, not exceeding in any case five per centum of the money so received, and less all proper deduc- tions for rent, depreciation, or otherwise. 69. If

4' EDWARDI VII, No. 850.

The Pastoral Act.-1 904.

69. If the improvements belong to the Crown the Commis-

PART vl.

- -

sioner may permit the lessee to pay the purchase-money, with ~overnmentimprove-

interest, by instalments, according to the scale set forth in the Second ;rg r~p':::

Schedule.

The lease shall contain, in addition to all other cove- Bet. 51, Act 585, 18g3.

nants contained in the Third Schedule, covenants by the lessee to sec. 16. A C ~

770.

'

pay such instalments, and to maintain the iwprovem&s in proper

repair, reasonable wear and tear excepted, to the satisfaction of the	Sec. 44, Act 642,
Commissioner while any moneys remain owing to the Crown in respect of such purchase-mon~y or interest, and alsga provision that if any instalments remain unpaid for three months after the same are due the purchase-money then remaining unpaid shall, at the option of the Commissioner, become instantly due, payable, and recoverable.

70, If any outgoing lessee entitled to payment and any incorn- B U ~

outgoing and

incoming lessee may

ing lessee liable to pay for improvements shall agree as to the amount .,,,

as ,,

to be paid, and the time and manner of payment for improvements, for improvements.

and shi11, within one month from the date of such agreement, notify	5859
the Commissioner thereof in writing, then the purchase-money for the improvements and all rights of action formerly vested in the Commissioner in . respect thereof shall be vested in and enforceable by the outgoing lessee.

71, No payment or valuation shall be made on any resumption Onlycertainimprove-

menta to be paid for.

in respect of any improvements, nor shall any improvements be Sec.

ibid.

considered except those previously sanctioned by the Commissioner, sec.4i, Act u2, isea.

unless the Board shall certify that the same are useful and were

made for the purpose of improving the land for pastoral purposes,

or for increasing the carrying capacity thereof, and that the im-

provements will have such effect, and unless the same shall consist

of wells, reservoirs, tanks, or dams of a permanent character, avail-

able for the use of cattle or sheep, and which increase the carrying

capacity of the land leased, or of substantial buildings, vermin-proof

or other fenccs, huts, or sheds erected for residence, shearing, or

other purposes, usually required for or in connection with keeping

live stock.

72, All machinery or appliances which, in the opinion of the Water appliances to

Board, arbitrators, or umpire making a valuation pursuant to this ,,,,,-

be deemed improve-

Act, shall be necessary for the purpose of raising or distributing sec. 67, Act ass, water raised, attached, or appurtenant to any well, dam, tank, or '8939ammded-

reservoir or natural waters, including all under and over-ground Sec. 6,Act 422,1887.	tanks and troughs, shall, when approved by the valuator, be included Ainended .
in their valuation.

73. The incoming lessee, at the time and in manner appointed Incominglemeeto

for the payment of the first year's rent, shall pay to the Commis- costs of valuation.

recoup Commissioner

sioner the cost to the Commissioner, according to a scale to be pre- S,,. 68, a c t 686,
scribed, of any valuation of the improvements of the outgoing lessee 1893.
made by the Commissioner, or to which the Commissioner shall be
a party; but no cost shall be charged to the incoming lessee for a
valuation made by the Board.
74. s o
q0 EDWARDI VII, No. 850.

The Pastoral Act. -

1904.

PART vr.

74. So long as any principal or interest money remains owing

heaeee not to deatrog	for improvements it shall not be lawful for the lessee to pull down
ments while money	or remove from the demised land, or knowingly suffer to be pulled
owing for improve-
ments.	down or removed, or wilfully or knowingly destroy, damage, or
Sec. 69, Act 683,	injure, or suffer to be destroyed, damaged, or injured, any permanent
1893.	building, erection, fence, or water improvement erected or made upon the land without first obtaining the oonseut of the Commissioner in writing. Any person offending against the provisions of this section shall forfeit his lease, and shall be guilty of a misdemeanor, and punishable on conviction by imprisonment, with or without hard labor, for any term not exceeding two years.
Commissioner not

or injure improve-

bound to recover im-

75. Nothing herein contained shall impose upon the Commis-

provement moneys or	sioner any liability to make payment in respect of' any improve-
protect improvements.	ments except as expressly provided by this Act, nor shall make it
Sec. 8, Act 642,
1895.	incumbent upon the Commissioner, except upon receiving a full and sufficient indemnity from the outgoing lessee, to enforce pay- ment for any improvements from any incoming lessee, nor to protect any improvements or the interests of any outgoing lessee therein otherwise than as the Commissioner may think fit; but if the Com- missioner shall be dissatisfied with the indemnity offered by the out- going lessee, or shall fail to enforce any claim or remedy which is vested in him on behalf of the outgoing lessee, the outgoing lessee shall he at liberty to sue or otherwise enforce his claim or remedy in his own name as fully as the Commissioner could do.
Lessee map be re-

leaned from liability

76, A lessee may be released from his liability to repair im-

to repair.	provements which are of no value to the lessee if he shall make
Sec. 15, ibid.	other improvements in lieu thereof to the satisfaction of the Com- missioner.
Notice of improve-
menta	77, No lessee shall be entitled to payment for improverr~ents cost and date of completion thereof: Provided that, where it is not
Sec. 6, ibid,	made after the expiration of the first ten years of his lease unless
amended.	prior to their construction he shall have given written notice to
the Commissioner, stating the nature and position and probable
practicable to give such notice prior to the making of such improve- ments, the lessee shall be entitled to payment for such improve- merits if such notice is given with all reasonable dispatch.

PABT VII.

PART

VII.

KESUMPTIONS AND SURRENDERS.

T ) I V I ~ I O N

DIVISION

I.-RESUMPTIONS.

Cfovernor may reaume

78. The Governor may, for the purposes mentioned in section 79

any

run.

sec. 73, Act 586,	hereof. by notice published in the Gazette and notice in writing
1893.	forwarded to the lessee, setting out the purpose for which the

S-BC

S, A C ~

770,1901. land is intended to be resumed, resume possession of all or any

8%. 7, Aet669,1896. part of the lands leased afid determine the lease in so far as

it relates to the land resumed:

Provided that no land shall be

resumed

4' EDWARDI VII, No. 850.
The Pastoral Act.- 1904.

resumed for intense culture during the first ten years of the term of the lease without the consent in writing of the lessee: Provided also that whenever any pastoral lands shall be partly resumed for intense culture the lessee may require the Governor to resume the whole of the

lands comprised in the lease in respect to which notice of

such partial

resumption has been given:

Provided no lessee shall be entitled to

Resumption.

require the resumption of the whole of the land comprised in any lease	8ec. 16, Act 712,
on account of resumption of an area not exceeding one-tenth thereof	l89P-9.
for commonage, residential, or other purposes incidental to mining.
79, No lands comprised in a lease shall be resumed for any pur- pose except such lands as shall be required for intense culture, or for	re-letting for paatoral
Resumption for
purposee prohibited.
public works, such as railways, tramways, roads, bridges, public	Sec. 6, Act 770, 1901.
buildings, water conservation works, or as a site for a town or cemetery, or for mining, or for residefitial sites, commonage, or other purposes incidental to mining, or for park lands, in which cases one month's notice of the intention to resume shall be given for all such purposes except for intense cultnre; and where such resumption is for the purpose of intense culture one year's notice shall be given: Provided that immediately after notice of resumption for the pur- poses herebefore specified the Commissioner may enter upon the land comprised in any such lease for the purpose of making any necessary surveys: Provided also that nothing in this section con- tained shall prevent the Commissioner from resuming pastoral lands in hundreds existing on the twenty-first day of December, one thousand nine hundred and one: Provided also that if no portion of the land resumed for intense culture shall be used for intense culture for a period of two years from the date of the expiry of the notice of resumption, the lessee or his successor in title to the lease from which such land shall have been resumed shall have the first right to a lease thereof, upon the same terms and conditions as the land was held at the time of such resumption, for the balance of the term named therein, upon repayment by the lessee of any com-

pensation for such resumption.

The lessee of pastoral lands shall, if required by the Com- missioner, permit the owner of a gold claim or mineral claim	Water to be supplied
for mining purposes.
duly registered in terms of Part III., Division I I. , of " The Mining Act, 1893," and pegged out on the land comprised in the pastoral lease of such lessee, to take for mining and domestic purposes a reasonable quantity of water from any of the wells or dams on such lands: Provided always that it shall not be lawful for the owner of any claim to take water as aforesaid until he shall have paid to the lessee fair and reasonable compensation, such compensation in

80,

case of dispute to be determined by the Commissioner:

Provided

New.

also that the quantity of water so taken shall not at any time be such as to deprive the lessee of tfie quantity of water necessary for his stock, domestic, and general station purposes.

81, If land included in any lease shall be resumed, the lessee

Cornpeneation on

shall, subject to the provisions of this Act, be compensated by the

reeumption.

Government for the loss or depreciation in the value of the lease 189s.

G, act 685,

caused
4" EDWARDI VII, No. 850.

The Pastoral

A c t. 1 9 0 4.

PART W.

caused by such resumption, and also in respect of such improve-

D r v l s ~ o ~

ments as- he would have been entitled to pajment for from an in- coming lessee, if his lease had expired and the land had been re-let as on h e date of the notice of re&mption.

Valuation by

arbitrators.	82, The amount of compensation to be paid on any resumption under this Act shall, in case of	dispute or difference, be determined
Sec. i8, Act 693,

1893. by two arbitrators, of whom one shall be appointed by the Com. missioner and the other by the party entitled to payment or com- pensation. The provisions of the "Arbitration Act, 1891," shall apply to every such arbitration, except in so far as such provisions may be inconsi~tent with this Act. The date for the appointment of arbitrators shall in every instance be fixed by the Commissioner by notice in the Gazette, anci shall not be later than three months after the resumption of the lands; and the decision of the arbitrators or umpire shall, within three months after their or his appointment, or within such further time, not exceeding another three months, as the Commissioner may allow, be reported in writing to the Commissioner and the other party.

Certain increased	83. In computing the compensation to be paid for loss or
value not to be

included.

depreciation in the value of any lease, no increased value given to

Sec. 76, ibid.

such lease by reason of any public works executed after the granting

of such lease shall be included or taken into account.

Lands resumed for	84. If	any lands resumed for or in connection with mining, and
mining.

Pt. I I. , sec. 16, Act

included in any pastoral lease, should be afterwards found to be not

712, 1898-9.

required for the purposes for which they were resumed, the pastoral lessee shall have a preferential right to occupy such lands during the residue of his lease on terms to be prescribed.

Time for payment of

compensation.

85, The amount payable for improvements or compensation for loss or depreciation in the value of

any lease shall be made and paid

Sec. 77, Act 685,

1893. within six months after the expiry of the lease or resumption occasioning the loss or depreciation, provided the lessee shall then have given up possession of the land.

Lessee may surrender

86. Any lessee may surrender his lease at any time during the

his lease.

currency thereof, and the Governor is hereby authorised to accept

sec. 171, A C ~

444,

1888. such surrender in the name and on behalf of His Majesty; and

Assent of Governor

S U C ~ surrender shall be in the form, and shall be made and executed

requiredtosurrender. in the manner, prescribed by the regulations: Provided that no sur-
Sec. 87, Act 585,
1893. render of any lease shall be of any force and effect unless and until accepted by ihe Governor.

New letwee may be	87, When any lease shall have been so surrendered it shall be to grant a lease or leases of the land comprised in such surrendered lease to such person or persons as may be nominated in that behalf by the lessee surrendering such lease and approved by the Commis-
issued.
Sec. 172, Act 444,	lawful for the Governor, in the name and on behalf of the Crown,
1888.

sioner;

4 O EDWARDI VII, No. 850.
The Pastoral Act.-1904.

vII.

sioner: and everv such new lease shall be granted for the unexpired

period'of the teirn of, and for the same

and subject tb the

DIVI~ION

11.

same terms, conditions, and regulations, as the lease so surrendered.

88. W

here a lease shall expire by efiuxion of time, or where Surrender of

leased lands shall be resumed and the lessee shall hold pastoral c0ntiBU0Us1and8.

lands contiguous to the lands comprised in the expiring lease, or S.c.8, Act6699 lag6.

to the lands resumed, the Governor may accept a surrender of the

lease of such contiguous lands: Provided that the lease of the

contiguous lands shall expire within a year from the date of such

surrender. In any such case the pastoral lessee shall be entitled to

receive the same payment for improvements as he would have been

entitled to if the lease so surrendered had at the time of the

surrender expired by effluxion of time: Provided also that no

payment for improvements shall be made until the land comprised in

such surrendered lease be either let or sold, or the surrendered lease

would have expired by effluxion of time; but the valuation shall be

made as soon as practicable after such surrender.

of land under leases expiring at different dates, the Governor may, blocks

89. ( a ) When any pastoral lessee holds several contiguous blocks Learns of contiguour,

with the advice of the Board, accept surrenders of such leases and 1893.

Sec. 86, Act 686,

issue a lease or leases in lien thereof, expiring at or about the

average date of expiry of such leases.

the leases of any blocks which are held by the same lessee and worked together as one run expire at different dates, the Governor may, with a view to the simultaneous expiry of the leases, grant to the outgoing lessee a lease under this Act for a further term, not exceed- ing three years, at an annual rental to be fixed by the Board, subject to the approval of the Commissioner, and not being less than the annual rental paid under the previous lease.

( b ) If

PART

VIII.

PART

VIII.

OCCUPATION BY OUTGOING LESSEE AND POSSES-

SION BY INCOMING LESSEE.
90. If any interval shall elapse between the determination by outgoing lessee may

effluxion of time of any lease and the commencement of the term of letting thereof.

occupy run till re-

any new lease of the same lands, or any part thereof, the outgoing sec. 60, ibis,

lessee may continue in occupation of such lands during such interval amended.

at the rental at which the land shall have been last offered for lease; Sec. 18, ~ c t

642,

and in the event of any land being ultimately re-let at a rental below 1895.

what the lessee shall have paid under this section, such lessee shall

be repaid the excess, and a lessee so continuing in occupation shall

observe the terms and conditions of his expired lease, except ip

hereinafter provided.

91. Every such outgoing lessee may also continue in occupation %g&!):',";;n

of	such lands for a period of not exceeding twelve months from the one year after re-

commencement of the term of any new lease thereof, but so that, seo.sl,act6s5,18sa.

letting.

C-860

from

4" EDWARDI VII, No. 850.

The Pastoral

A c t. 1 9 0 4.

PART

~ 1 1 1.

fiom and after such commencement and during such continued occupation by him,' he shall, as regards the lands included in such new lease, pay the rent reserved by and observe and perform the terms and conditions of such new lease and exonerate the incoming lessee therefrom.

Outgoing lessee to

maintain improve-

92. Any outgoing lessee so remaining in occupation shall keep

mente and pay rent	all improvements upon the land leased in good order and condition
therefor.	to the satisfaction of the Commissioner, and shall allow the incoming
Sec. 62, Act 683,	lessee rent at the rate of five per centum per annum on the amount
1893.	paid by him for the improvements, and also reasonable compensation, to be fixed by the Board, for any loss or depreciation in value of such improvements.
Outgoing lessee to be

paid for improvements

93. The purchase-money paid by the incoming lessee for im-

after giving up	provements, the property of the outgoing lessee, shall be paid to the
possession.	outgoing lessee when he shall give up possession of the land,
Bec. 63, ibid.	together with interest at the rate of three per centum per annum

Sec- 14, ~ c t	642,	from the time of the receipt of such purchase-money by the Com-
1896	missioner, but the Commissioner shall deduct therefrom and pay to the incoming lessee the amount payable by the outgoing lessee for rent or compensation for loss or depreciation of such improvements as aforesaid; and all moneys paid by way of' compensation to the incoming lessee shall be expended by such incoming lessee in replacing or making good such improvements. unless he shall have paid the purchase-money thereof in full.

PART IX.
TRAVELLING STOCK.

Notice.

94, Any person desirous of entering and crossing any run with

Sec. 90, ~ c t

444,

sheep or cattle shall, before entering upon such run, give to the

1898, amended.	lessee, overseer, or other person in charge of the run not less than twenty-four hours' nor more than seven days' notice in writing of such his desire, and shall in such notice specify the number and description of such sheep or cattle, their, proposed destination, and the points, which shall be by gates where runs are fenced, and dates at which such person so proposes to enter and leave such run, and in the event of the entry being delayed to the extent of not more than forty-eight hours a corresponding extension shall be allowed
Rate of travelling.	in the time for leaving the run, and such person shall travel such
sheep or cattle a distance of not less than five miles on each day while crossing such run by the most direct track; and if such sheep or cattle are only travelling for feed the owner or person in charge of such stock shall be liable to pay to the lessee, overseer, or
Penalty.	person in charge of such run the sum of Six Pence for every hundred of such sheep or part of one hundred of such sheep and Six Pence for every twenty of such cattle or part of twenty of such cattle for every day or part of a day that such sheep or cattle may be upon

such

4' EDWARDI VII, No. 850.
The Pastorid Act.1904.
such run, which amount shall be recoverable by the lessee from the owner or person in charge of such sheep or cattle by action, in his own name, in any Court of competent jurisdiction, or in a summaly way before two or more Justices of the Peace on an information by or on behalf of the lessee: Provided that nothing herein contained shall be so construed as to deprive any lessee of any other remedy he may have in respect of any offence against or violation of this section, nor to affect or in any way alter the provisions of section 20 of "The Stock Diseases Act, 1888," as regards Crown lands within hundreds.
PART X.
RELATING '1'0 WATER,

95, The Commissioner, and all persons authorised by him, shall 2:

hm for

have full and free liberty of access, ingress, egress, and regress, with

Sec. 12, Apt 770,

or without horses, carriages, and machinery, into, over, through, and 1901.
upon any land comprised in any lease, and may thereon sink bores
and wells, construct dams, reservoirs, and embankments, for the
purpose of finding or conserving water; and, should the discoverer
or person conserving the water be other than the Commissioner, a
lease of the area resumed, not exceeding one square mile, shall be
granted to such person: Provided that such lease shall only be
granted on land resumed for mining purposes: Provided that no
such bores, wells, dams, reservoirs, or embankments shall be sunk
or constructed within one mile of any improvement, consisting of a
well, reservoir, dam, dwelling-house, factory, or building of the value
of One Hundred Pounds or upwards, the property of the pastoral
lessee.

96, The area which may be resumed where any artesian water Governor may reeume

may be found or conserved by the Government is limited to five found,and fiveaquare

place where water

miles: Provided tbat. if such area be afterwards mo~osed

to be milescontiguo-.

I I

leased, the lessee or Gssees whose land shall have been resumed ~ ~ ~ 8 f 4 9 7

A"444.

shall have a preferential right to such lease.

sec. 20, Act 712,

97, If any lessee shall, except upon a reserve, discover any Conceqion to dis-

artesian wellwupon his run, situated at least ten miles distant from	arte8ian
any other artesian well or any permanent natural spring existing on

such run at the time, yielding a supply of not less than five thousand

sec. 20, Act 642, 1895.

ct	i70 ,1901,

gallons per diem of water suitable for stock, he shall be entitled to a amended.
remission of ten years' future rent in respect of an area of one
hundred square miles of the land surrounhg such well comprised
in his run for every such well so discovered, but not exceeding in
reepect of any run four such wells. The area to be aec ted by such
remission shall be selected by the lessee, with the approval of the
Commissioner.
PART
4' EDWARDI VII, No. 850.
The Pastoral Act.-1904.
PART XI.
PROVISIONS RELATING TO VERMIN AND WIRE
NETTING.
Wire and netting to

be paid for by in-

98. All barbed wire and netting by which any boundary fence,

coming lessee.	the property of the Crown, has been, or shall hereafter be, vermin-
Sec. 9, Act 712.	proofed by the lessee at his own cost shall remain the property of
1898-9, amended.	the lessee, and shall, at the termination of his lease, be valued as provided by this Act, and be paid for by the incoming lessee.
Cost of wire and

netting may be

99. The cost at the nearest port or railway station of barbed

advanced.	wire and netting required for vermin-proofing any boundary fence
Sec. 10, ibid.	may be advanced to the lessee by the Commissioner, on the recom- mendation of the Pastoral Board, out of moneys to be appropriated by Parliament for the purpose, in any case in which the Commis- sioner is satisfied that the land is occupied and the lessee, owing to the position of his run, is unable to &ail himself of he vermin Districts Act, 1894."

Condition.

100. No such cost shall be paid until netting and barbed wire

Sec. 11, ibid.

to the amount of such cost shall have been actually utilised in vermin-proofing the boundary fence by the lessee to the satisfaction of a Government inspector.

Repayment of

advances.

101. All advances made by the Commissioner to any lessee pursuant to the two preceding sections shall bear interest at Four Pounds Ten Shillings per centum per annum, and the principal,

Sec. 12, ibid.

Amended.

with such interest, shall be repaid in twenty equal yearly instalments at the rate of Seven Pounds Thirteen Shillings and Nine Pence for every One Hundred Pounds advanced, and shall be recoverable as rent in arrear under the lease. If the lease in respect to which the advances are made shall terminate whilst any instalments remain

tion of the lease, unless the incoming tenant (if any) shall agree to

unpaid such remaining instalments shall be payable at the termina-

pay the same; or the amount may be repaid by the lessee on giving

six months' notice to the Commissioner of his intention so to do.

Credit for advances

to be allowed to

102. Any lessee who shall have received an advance for fencing,

incoming tenant.

pursuant to the preceding section, shall, until such advance be

Sec. 13, ibid.

repaid, allow similar credit to any person from whom he shall be

entitled to recover any portion of the cost of such fence.

Commiseioner may

erect vermin-proof

103. Vermin-proof fences may be erected by the Commissioner

fences.

out of moneys to be appropriated by Parliament for the purpose,

sec. 14, ibid.

and the cost shall be payable by yearly instalments, with interest, in the same manner, and recoverable as advances made under

section 101:

Provided that-

I. A plan showing the proposed situation and description of the fence, and also the leases which will be benefited thereby, and the names of the lessees, aud the proportion in which

the

4' EDWARDI VII, No. 850.
The Pastoral Act.- 2 904.

the cost is proposed to be charged to such lessees, shall	PUT XI.
first be laid before Parliament for thirty days, and shall be forwarded to all persons proposed to be rated; and afterwards-

I I. Resolutions shall be adopted by both Houses, approving of the
erection of the proposed fence.
104. A copy of the plan referred to in the preceding section, Copy of plan tobe

certified by the Surveyor-General, shall be primd facie evidence of sea, 16,	prrmd faoic evidence.
the liability of the lessees in the proportions stated.

105. No transfer or absolute surrender of the lease of lands within Loan to be repaid

before tranefer or

any Vermin District shall hereafter be allowed until such district ,u,re,der.

shall have repaid all loans made to it by the Government under sec.

~ l, ~, t

770,

Part XI. of &'The Vermin Districts Act, 1894," unless with the lml.
consent of the Commissioner, or unless the Commissioner shall be
satisfied that the proportion of any such moneys owing by the
district payable in respect of the lease proposed to be transferred or
surrendered will be duly paid as and when the same shall become
payable, nor shall any lessee transfer or absolutely surrender his
lease while any money is due by him to the Commissioner for wire
netting or barbed wire.

PART

XII.

PART

XI[.

SPECIAL LEASES TO DISCOVERERS OR FOR
INFERIOR LANDS.

106. If the Commissioner is satisfied that any person-	Leases to discoverers
of pastoral country

( a ) Has discovered any pastoral lands adapted for pastoral pur- and topenronswil~ing

to take up abandoned

poses, or has made any application for a lease of any land ,	.	,	,
which has been unoccupied for more than three years, and

is situated more than fifty miles from the seaboard:

L, Act B12, 1896.

( h ) Has applied for a lease under this Act of land which, by Sec.64,Act685,1893.
reason of the presence of vermin thereon, had been pre- viously abandoned; or of land destitute of natural water:
the Governor may, notwithstanding that the land applied for may or may not have been declared open for leasing, grant to such person a lease under this Act of all or any portion of the land applied for, at a peppercorn rental for the fir& ten years, and a t an annual rent of Six Yence per square mile for the next ten years, and Two Shillings per square mile for the residue of the term, but subject to re-valuation as hereinafter provided, and in all other respec& upon the same terms and conditcons as other leases under this Act: Provided that every lease granted pursuant to this Act of land referred to in sub-division ( a ) shall be for forty-two years without re-valuation, unless as provided in section 53, and with no power of resumption, except'as provided in section 79, for purposes other than intense culture.
107. When
4' EDWARDI VII, No. 850.
The Pastoral Act.-1904.

PART

XII.

107, When the Commissioner shall be satisfied that any land is

land may be qualified

coyenant to s t o G waterless, or vermin-infested, or otherwise specially inferior for '

where country	pastoral purposes, the covenant relating to the stocking of the land
inferior.	mentioned in paragraph ( 6 ) of the Third Schedule may be qualified

Sec. 19, ~ c t

6 4 4

by a provision, to be inserted in the lease, that if

the Commissioner

1895, amended.

shall be satisfied that during the first six years of the term a sum equal to Five Pounds per square mile of the leased land has been expended by the lessee in-

(a ) Destroying vermin upon the land, or erecting vermin-proof
fencing thereon; or
( b ) Constructing improvements, consisting of wells, reservoirs,
tanks, or dams of a permanent character and available for the use of cattle or sheep, and which increase the carrying capacity of the land:
the lessee shall not be bound to increase the stock to more than ten head of sheep or two head of cattle (or their equivalent) per square mile at any time during the term of the lease or any renewal thereof.
PART XIII.
THE TENANTS' RELIEF BOARD.
Constitution.

Sec. 26, Act 642,

108, A Board is hereby constituted to exercise and discharge the

1895. powers and duties conferred or imposed upon it by this Act.

Name and members.

109, Such Board shall be called the " Tenants' Relief Board," and shall consist of a Judge of the Supreme Court, to be nominated by the Governor, assisted by two assessors, one to be appointed by

Sec. 27, ibid.

the Commissioner and the other by the lessee.

Crown leases not to

110, No lease shall be forfeited until after the expiration of

be forfeited without

three months from the giving of notice to the lessee of the Commis-

notice to lessees.

Sec. 28, ibid.	sioner's intention to forfeit the same.
Lessee in certain

mseo may apply to

111, Any lessee upon receiving notice of the Commissioner's

Board for relief.	intention to forfeit his lease for default in the observance or per-
against forfeiture.	formance of any covenant or condition therein, other than the
Sec. 29, ibid.	covenant for payment of rent, may apply, in manner prescribed, to the Tenants' Relief Board for relief.
Botrrd to consider

whether forfeiture

112, Such Board shall thereupon inform themselves, in such

ought to be enforced.

manner as they shall think fit, of all matters affecting the question

Sec. 30, ibid.

as to whether or not the forfeiture ought to be enforced, and

determine as they may think fit.

May assess compen-

113, If the Board shall consider that the forfeiture ought not to

sation.	be enforced, they may direct the lessee to pay any compensation, or
Sec. 3 1, ibid.	do any act, within such time as they shall think fit.
Finding to be certi-

fied.

114. The Board shall in each case certify their determination to

Bee. 32, ibid.

the Commissioner, who shall notify the lessee thereof in writing.

115, If
q0 EDWARDI VII, No. 850.

me Pastoral Act.-1904.

PART

XIII.

If leesee pay com-

115. If the lessee shall, within the time fixed by the Board,

pensation fixed,

comply with the directions of the Board, the forfeiture shall not	forfeiture not to take
place.
take place.	Sec. 33, Act 642, 1896. In what cases for-
116. If the Board shall certify t.hat the forfeiture ought to be enforced, or if the lessee shall not within the time fixed comply	feiture may proceed.
Sec. 34, ibid.
with the directions of the Board, the Commissioner may, if he shall think fit, proceed with the forfeiture.
117. The Judge shall preside at all meetings of the Board, and his decision shall be the decision of the Board.	President and
decision.
Sec. 35, ibid.
118. All proceedings before the Board shall be conducted in such manner as the Board shall think fit, and no rules of evidence shall	Proceedings and
evidence,
Sec. 37, ibid.
necessarily be observed.

PART XIV.
REGULATIONS.
119, The Governor may, for carrying out and giving force and Regulation8.

effect to the various objects, purposes, rights. powers, and

authorities

y & 3 g 7 9

Act 5867

this Act, make, alter, rescind, and amend regulations, and make sec- ,,

i, Act

other regulations in addition to or in lieu thereof, including regu- 1888.

lations for fees, and penalties not exceeding Twenty Pounds for any

one offence.

120. Such regulations, alterations, amendments, and revocations R ~ l a t i ~ n s

to have

force of law and to be
shall be published in the Gazette, and shall be laid before both laid before parlia-
Houses o? Parliament within fourteen days after the publication ment.

thereof, if Parliament be then sitting, and if

not, then within four- sec. l, s, act rr4,

teen davs after the next Session of Parliament shall begin; and if 1888.
within sixty days of the laying before Parliament of such regula-

tions either ~ o & e of Parliament pass a resolution objecting to any

such regulations, amendments, or revocations, the same shall (so far as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published by the Com- missioner in the Gazette.

121, Subject to the foregoing provisions, all such regulations, ReglJation to take

effect from publica-

amendments, and revocations shall have the full force of law from tion. the first date of publication thereof. Kew.

PART XV.

PART xv.

MISCELLANEOUS.

122. Claims and mining leases may be pegged out or granted Min~ral

leases may

under and subject to the provisions of " The Mining Act, 1893, V be grantrd.

and all Acts amending the same, over and of

lands comprised in any Sec. 17, Act 770, 1901.

lease whether granted before or after the passing of this Act without

resumption.

123. The

4 O EDWARDI VII, No. 850.
The Pastoral Act .1904.
123. The provisions of the preceding section shall not extend to

Claims not to be	any land comprised in any lease within two hundred yards of any
pegged out next to
improvements.	well, reservoir, dam, dwelling-ho,use, factory, or building of the
Sec. 17, ibid.	value of One Hundred Pounds or upwards.
District Councils not

to include leases.

124. No District Council shall hereafter be proclaimed or formed

Sec. 22, Act 712,	so as to include within its limits any land held under a pastoral lease.
1898-9.
Annual report on
improvements.	125, The Commissioner shall furnish to Parliament every year a permission to make improvement S, and the value of such improve- ments.
Sec.96, Act 685,	report showing the names of the lessees to whom he has granted
1893.
Public reserves to be
under Commissioner	126. Notwithstanding anything expressed to the contrary in any pastoral country shall be under the direct control of the Commis- sioner of Crown Lands.

of Crown Lands.	.	previous Act or Acts, all public stock reserves and waters within
Sec. 10, Act 669,
1896.
Annual leaaes and
commonage licences.	127. The Commissioner may grant annual leases of lands included cattle or sheep, upon such terms and conditions as may be prescribed; but every a,nnual lease shall be subject to the rights of commonage of owners of land within such hundred and of persons holding land within such hundred under agreement for purc6ase from the Crown or on perpetual lease.

Sec. 8 3, ~ c t

444,1888. in any hundred, and also cornk&age licences for the depasturing of

Reserves.

128, No land now or hereafter used as a travelling stock road or

Sec. 6, Act 712,	reserve shall be appropriated for any other purpose unless-
1Y98-9.

I. Plans showing the road or reserve proposed to be so appro-
priated shall have been first laid for sixty days before both
EIouses of Parliament, and unless

I I. Both Houses of Parliament shall within such sixty day S affirm

a resolution that it is desirable that such road or reserve

should be so appropriated.

Power of entry.

Sec. 93, Act 585,	129, The Commissioner, the Board, and any member thereof, and any person authorised by him or them, may at any time enter upon any lands for the pnrpose of surveying or inspecting the same, or making any valuation, or for any other purpose which the Commissioner or the Board or any member thereof may deem con- venient or desirable for the purpose of giving effect to this Act.
1893, amended.
Ereetion of gates.

800. 166, Act 444,

130. The Commissioner may give permission to any person to

1888. erect gates on any road vested in His Majesty, not being a main

Sec. 92, Act 685,	road or within the limits of any Corporation or District Council,
1893.	and may let the right of depasturing on such road. Any person who shall injure or destroy any such gate, or shall open and fail to close the same, shall for each and every such offence be liable to a fine of not more than Fifty Pounds, or to imprisonment with or without hard labour for any period not exceeding six months.

131. Leases

4' EDWAKDI VII, No. 850..

The Pastoral Act.-1904.

131. Leases may be granted to charitable incorporated bodies fo'r any term not exceeding twenty-one years, at such retlt and upon such Leaeee for aboriginal

PART xv.

terms and conditions as the Governor may think fit, of any land as

aboriginal reserves, in blocks not exceeding one thousand square ~ec~20,Act ,10,1901~

miles. Every such lease shall be subject to a right of renewal so long as it can be shown to the satisfaction of the Governor that the lanzs therein described are required for and applied to the use of the aboriginal inhabitants of the State.

132. No proceedings shall be taken against any pastoral lessee Penalty for non-

for non-destruction of vermin unless similar proceedings are taken ~

at the same time against the lessees of adjoining lands who may certain cases.

not be destroying vermin to the satisfaction of the Commissioner

or Pastoral Board, unless such lands be separated by a vermin-proof

fence.

133. The Commissioner, upon such terms and conditions as he Forfeiture may be

shall think fit, may rescind or annul the forfeiture of any lease and waivedd.

extend the period during which any lessee may perform the New-

covenants or conditions mentioned in section 61 or the Third

Schedule hereof. The terms and conditions so imposed by the

Comn~issioner shall be binding on the lessee on his accepting the same.

PART

XVI.

PART x v ~.

LEGAL.

134. The production of the Gaz~tte

containing any publication facts

@5z6lte

stated

e"dence

therein.

required to be published shall be primd facie evidence of the facts Sec. L98,

stated, recited, or assumed therein.

of 1888.

135. No Proclamation shall be invalid by reason of anything proclamation valid

required as preliminary thereto not having been done, or not having f0"11PUq0se8.

been duly done.

Ibid.

136. I n any action, suit, or proceeding under this Act-	Sec. 191, Act 444
Burden of proof.

I. The averment that any lands are pastoral lands, dedicated lands, reserved land;, or lands &longing to or vested in

amended.

.
the Crown, or that any person authorised to take any pro- ceedings, or perform any duty, or sue for the recovery of any penalties, or other moneys under this Act, shall be sufficient without proof of such fact, unless the defendant prove the contrary:
11. Where the authority of the defendant to do any act is in
question the proaf thereof shall lie upon such defendant:

D-860

111. All

26 4 O EDWARDI VII, No. 850.
The Pastoral Act.-1904.

PPRT xv l.

I 11. All licences, certificates, maps, plans, and office copies pur- porting to be certified as true under the hand of the Sur- veyor-General or Deputy Surveyor-General of the State shall be sufficient evidence without production of original records, and without the personal attendance of such offi- cers, or proof of their signatures.

Who ma? lay	and 137,	(1) All proceedings may be had and trtken and all informa-
informat~on,

hearing of same. tions may be laid for any offence against this Act at the instance of

Sec. 190 and part 192, the Commissioner, or any person authorised by him; and all com-

444

lsss.

plaints and informations shall be heard, and determined, and all moneys, costs, and expenses shall be recovered, in a summary way before a Special Magistrate and any two or more Justices.

part sec. lg?, ibid.

(2) The Special Magistrate or Justice of the Peace may also, in case any penalty is imposed, order the defendant, in default of pay- ment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.

Penalties.

138. All penalties shall, except when otherwise provided, when

Sec. 196, ibid.	recovered, be paid to the Treasurer of the State.
Appeal to Local

Court.

139. There shall be an appeal from any decision of any Special

Part sec. 193, ibid.

Magistrate or Justice to the Local Court of' Adelaide of Full Juris-

diction.

P r m e d ~ e

on appeal-

140, Such appeal shall be regulated by Ordinance No. 6 of 1850

Part

l g 3 9 ibid.

and " The Justices Procedure Amendment Act, 2@83-4 "; and such

Local Court may make such order as to costs as it shall think fit.

State m e

for opinion

of Supreme Court.

141, Such Local Court may state a special case for the opinion

Put mc. L91,

ibid. of the Supreme Court.

Procedureonspeci1	142. The Supreme Court shall deal with such special case
case.

Part WC. 194, ibid.	according to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in that Court and in the Court below.
Treaeurer may order

costa to be paid.

143. The Treasurer may cause to be paid out of the Public

SW. 196, ibid.	Treasury the costs or charges of any action brought by or against any Justice of the Peace, Crown lands ranger, constable, or other person acting under the authority and in the execution of this Act.
Promtiontopersona

acting in execution

144. All actions for anything done under this Act shall be

of thia hot.	commenced within six months after the cause of action shall have
SW. 197, ibid.	arisen, and not afterwards. Notice in writing of such action, and the cause thereof, shall be given to the defendant one month at least before the commencement of the action. In every such action the defendant may plead the general issue, and give this Act and

the

4' EDWARDI VII, No. 850.
The Pastoral Act.-1904.
-

the special matter in evidence at any trial to be had thereupon.

PABT xm.

plaintiff shall recover in any such action if tender of sufficient amends shall have been made before action brought, or if a sufficient sum of money shall have been paid into Court by or on behalf of the defendant after action brought, together with the costs incurred up to that time.
Application of Act.

146, This Act shall not apply to the Northern Territory.	Sec. 199, ibid.
In the name and on behalf of His Majesty, I hereby assent

this Bill.
GEORGE k. LE HUNTE, Governor.
4' EDWARDI VII, No.

The Pastoral A c t.

1904.

PART XVII.
SCHEDULES.
THE FIRST SCHEDULE.
Acts wholly or in part Repealed.

Iteference to Acts.

Title of Acra.

Extent of Repeal.

444, 1888. .

" The Crown Lands Act, 1888"

The whole.

502, 1890. .

"The Crown Lands Amendment

13 to 23 (each inclusive) and

Act, 1890"

section 28.

585, 1893 ..

" The Pastoral Act, 1893"

......

The whole.

642, 1895. .

"The Pastoral Act Amendment

The whole.

Act, 1895"

669, 1896. .

" The Pastoral Act Amendment

The whole.

Act, 1896"

712, 1898-9.

"The Pastoral Act Amendment

The whole.

Act, 1898-9"

770, 1901. .

" The Pastoral Act Amendment

' The wbole.

Act,

l901 "

T H E SECOND

SCHEDULE.

Scale for Payment of Purchase-money for Improvements, the Property of the Crown, where special arrangements mude pursuant to Section 69 of the Act, showing the Annual Payments in advance, including Interest at 4 per cent. per annum, to he made in respect of every $100 of the Purchase-money.

Payments

Paymenta

Number of Pagmenta.

Number of Payments.

in Advance.

S. d.

2. .. .. .

............

50 19 7

23 ................

6 9 6

3. .. .. .. .. .. .. .. .. .	34 13 0	24. .. .. .. .. .. .. .. .	6 6 2
4. .................	26 9 9 :	25. ...............	6 3 2
5 .. .. .. .. .. .. .. .. ..	21 12 0	26 ................	6 0 4

1

6, .. .. .. .

..........

6 10

27 ................

5 17 9

7. .. .. .. .. .. .. .. .. 1	6	0	5	28. ...............	5 15 5
S. .. . ..............	14	5	8	29. ...............	5 13 3
g. .. .. .. .. .. .. .. .. .	12	18	8	30 ...............	5 11 3
10... .. .. .. .. .. .. .. 1	l1	17	i	31 ................	5 9 4

11 ..................	10 19 6	32 ................	5 7 7
i 2 ..................	10 4 11	33 ................	5 6 0

..................

9 12 7

34 ................

5 4 6

14 .................	9 2 1	35 ...............	5 3 1
15. .. .. .. .. .. .. .. ..	8 13 0	36 ................	5 1 9
16. .. .. .. .. .. .. .. .. .	8 5 1	37 ................	5 0 6

17.. .. .. .. .. .. .. ..

7 1 8

38 ................

4 19 4

18. .. ...............	7 11 11	39 ................	4 18 3
19.. ...............	7 6 6	40 ................	4 17 2

. ..................

7 l 6

................

4 16 3

21... .. ..

...........

6 17 1

42 ................

4 1 5 4

22 ..................

6 13 1

THE

EDWARDI VII, No.
The Pastoral Act.-1904.

T H E TH1H.D

SCHEDULE.

Pastoral leases shall contain a condition that the lessee shall not Be entitled to
possession of the run until he shall have paid the first year's rent, and paid or
arranged pursuant to this Act for payment of the price for the improvements (if any).
Covenants by the lessee :-
(a) To pay the rent annually, in advance:

(b) To stock with sheep in the proportion of at least five head, or with cattle in &c. 19, ~ c t

642,

keep the same so stocked, and before the end of the seventh year to increase

the stocking to at least twenty head of sheep, or four head of cattle, per

square mile, and to keep the same so stocked during the remainder of the

term and of any renewal thereof, and so that the stocking with sheep and

cattle combined ehall be sufficient if the requisite number are kept, one

head of cattle being computed as equal to five head of sheep; and in all

cases, upon being required thereunto, to furnish the Coqmissioner and the

the proportion of at leaut one head, for every square mile leased, and to 1896- which the leased land is stocked:

(c) That the lessee will not at any time during the last three years of the term of the lease, or of any renewal thereof, overstock the land or any part thereof, or keep thereon any excessive number of sheep, cattle, horses, or other stock, which, in the opinion of the Commissioner or the Pastoral Board, would have the effect of depreciating the ordinary capacity of the land for depalsturing stock:
(d) To forthwith commence to destroy and use reasonable means to keep the land free of vermin, to the sati~faction of the Commissioner or the Pastoral Board, during the currency of the lease and any renewal thereof subject to the provisions of this Act:
(c) Not to assign or sub-let without the written consent of the Commissioner, but so that such consent shall not he capriciously withheld:

(.f) Not to erect or suffer brush fences on the land leased:	Sec. 16, ibid.
(g) Not to cut timber, except, for improvements, or firewood, without the licence of the Commissioner:
(h) Not to obstruct or interfere with any public roads, paths, or ways, or the use thereof by any person:
(i) To make and furnish all such statements and returns as may be required by any rule or law for the time being in force:

(, j ) To observe and comply with the regulations for the time being in force under And, in addition to such covenants-

this Act:

(k) An exception or reservation in favor of the Crown, and all persons authorised, of all minerals, metals, gems, precious stones, coal, and mineral oils, together with all necessary rights of access, search, procuration, and removal, and all incidental rights and powers:

( I ) An unrestricted right for the Crown and all persons authorised to enter and Sec. 11, A C ~

770,

view the demised premises, and view the state and condition thereof, and to	1901.
serve notice on the lessee of any wants of reparation, &c.:

(m) An unrestricted right for the Pastoral Board, Land Boards, and the members, agents, and officers thereof, respectively, to enter upon and examine the demised land and premises:
(n) A condition that if rent be not paid on due date, then a penalt,y of 10 per cent. per annum on the amount of the rent unpaid may, if the Commissioner think fit, be added:

( 0 ) A proviso that if rent shall be in arrear for more than three months after due sW.

47, ibid.

date, or if there has been a breach or non-performance of any of the lessee's covenanb or conditions, the Commissioner may cancel the lease, subject to the provisions of this Act:

(p) Provisions for the re-valuation or resumption of the demised land or premises, or any part thereof, for increasing the rent upon re-valuation, and for com- pensation of the lessee on resumption, in accordance with the Acts and regulations for the time being on that behalf:

EDWARDI

No.

me	Pastoral A c t. 1 9 0 4.

PART	x v ~ r.	(q) Such leases shall also contain all such exceptions and reservations in favor of the Crown. the Commissioner, the Pastoral Board, Land Boards, Road Boards, and other authorities, the aborigines of the State, and other per- sons, necessary or proper for giving effect to any Act or regulation for the time being in force, or not inconsistent therewith, as may be prescribed, or as the Comnlissioner may require:
( r ) All the above to be expressed in such form as may be prescribed.

T H E FOURTH

SCHEDULE.

District A.
Comprising all that portion of the State south of pastoral blocks 584, 585, 586, 587, 579, and 535; south and east of portions of pastoral block 536; south of the production westerly of the northern boundary of pastoral lease 2626, pastoral block 577, and the production easterly of its southern boundary to the north-west corner of county Hopetoun; south of the north boundary and west of portion of the east boundary of said county; south of portions of pastoral leases 233 and 239, pastoral lease 259, pastoral blocks 387, 388, 391, and 392; west of portion, and south of pastoral block 349; west of pastoral block 354, and south of portion of said block; west and south of portions of pastoral lease 2765; west of pastoral lease 2943, and south of portion of said lease; west and south of pastoral lease 5170; west and south of portions of former pastoral lease 2195; north-west of portion, and south-west of pastoral lease 211; south-east of portion of said lease; south-west of pastoral lease 2303 and portion of pastoral lease 210; north-west of portion, and west of pastoral lease 2777; south of portions of said lease; west and south of portions of pastoral lease 267; weet of pastoral block 2 8 2 ~; north of portion of pastoral lease 2847; north and west of miscellaneous lease 2554; north and west of portions of pastoral lease 2847; south of the production westerly of the northern boundary of pastoral lease 137; south of the northern boundary oE said lease and of a straight line from its north-eastern corner to the south-western corner of pas- toral block 491; south of portions of pastoral blocks 491 and 511; west of a true south line about five and a half miles east of Wudinna Hill Trigonometrical Station; north of an east and west line about six and a quarter miles south of said trigonometrical station; west of a true south line about twenty-one miles east of the east boundary of county Robinson; north of an east and west line about fourteen and a half miles north of the northern boundary of county Musgrave; west of portion of the east boundary of county Robinson; north of portion of the hundred of Talia; east of the hundred of Downer and north of portion of said hundred; east of the

hundreds of Campbell and Murray; east, north, and west of the hundred of Tarlton; hundreds of Wright and Witera; north of portion of the latter hundred; east of the	north of portion of the hundred of Scott; east of the hundreds of Finlayson and
Haslam; south of portion, and east and north of the hundred of Petina; east and north of the hundred of Hague; east of portion of the hundred of Guthrie; north of said hundred and the hundreds of Chillundie and Wandana; east and north of the hundred of Goode, and w e d of portion of said hundred; north of the hundred of Mode; east of portions and north of the hundreds of Catt and Bagster; north of the hundreds of Burgoyne. Cohen, Giles, Magarey, and Naeh; east of portion of county Hopetoun; north of the production easterly of the north boundary of the hundred of Miller and portion of said hundred; east and north of former pastoral lease 1685; north of the production westerly of the northern boundary of said lease; and west of portion of county Hopetoun.
And all that portion of the State east of the west boundary of county Man- chester and its production northerly; south of portion and east of pastoral lease 2515; south of portion of pastoral lease 2433, pastoral lease 2433a, former pastoral leatqe 2185, and portion of pastoral lease 2339; south-west of portion of Lake Torrens; south of the production of portion of the southern boundary of pastoral lease 98 easterly from the western to the eastern shore of said lake; east of portion of Lake Torrens aforesaid; eouth and east of pastoral lease 280; east and north of pastoral lease 2318; north and east of portions of pastoral lease 2468; east of pastoral lease 2579, former pastoral lease 1840, and portion of former pastoral lease 1839; south of pastoral lease 2426; west of portion and south of former pastoral

lease

EDWARDI

No.

The Pastoral

A c t. 1 9 0 4.

lease 2156; south of pastoral lease 2435; west and south of portions of pastoral

PART XVII.

62 --p

leases 2600 and 5185; west of portion of pastoral lease 63, pastoral leases and ---- kimbo; north of portions and west of the hundreds of Wyacca and Yarrah; north of portion of the hundred of Crozier; east of portion, and north and west of the hundred of Castine; south of portion of said hundred; west of portion of the hundred of Copley; north, west, and south of the hundred of Handyside; west of portion of the hundred of Gillen; north of portion. and west of the hundred of Jenkins; and north of portion of the south boundary of county Manchester; exclusive of the hun- dred of Carr.

59, pastoral block l l l, and pastoral leases 52 and 48; south of portion of the latter

lease; west of pastoral block 132; north-west and west of pastoral lease 24; north-

west of portion of pastoral lease 18; north-west and west of portions of pastoral

block 58; north of portion of the hundred of Yednalue; east and north of the

hundred of Arkaba; east of the hundred of Woolyana; south of portion and east

of the hundred of Edeowie; east of the hundreds of Bunyeroo and Parachilna;

e a ~ t, north, and west of the hundred of Nilpena; west of the hundreds of Parachilna,

Also all that portion of the State east and north of the hundred of McCulloch; east of portions of the hundreds of Eurilpa and Yednalue; south of portion of pastoral block 58; south-west of portion of pastoral lease 18; west and south-west of pastoral lease 1 2 1 ~; west, south, and south-east of portions of paetoral lease 121; south of pastoral lease 27; south, south-east, and east of pastoral lease 29; south of portion of pastoral lease 41, pastoral lease 40, former pastoral leases 1874 and 1 8 7 4 ~; west of portion of pastoral lease 39, and south of fence running easterly through said lease from the eastern boundary of former pastoral lease 2128 to near the 152nd milepost; west of portion of the eastern boundary of the State; north and west of former paetoral lease 2387; west of portion of former pastoral lease 2289; north of pastoral lease 7, and west of portion of said lease; north of portion of pa~toral
lease 227; north and west of pastoral lease l l a; west of portion of pastoral lease 227; north-west of pastoral block 27, and portion of pastoral lease 227; north of pastoral leases 4 and 2 ~; east of portion of county Kimberley; east of county Herbert, and north of portion of said county; east of the production northerly of the east boundary of the hundred of Waroonee; and north of an east and west line 10 miles north of the hundreds of Waroonee, Minburra, and portion of Yalpara.
District B.

Comprising all that portion of the State north of portion of District A; east and north of portions of the hundred of Yednalue; east, north, and west of portions of District A; west of portion of pastoral lease 2326; north and west of former pastoral lease 2711; west and north of portions of pastoral block 599; north of portions of counties Jerrois and Musgrave; east of a true north line about five and a half miles east of Wudinna Hill Trigonometrical Station; south of portion of pastoral block 51 1, and pastoral block 486; west and south of portions of pastoral

block 1 8 7 ~

; west and south of pastoral block 1 8 7 ~,

and east of portion of said

block; south of portion of

pastoral lease 2332; south-east and north of Lake Qilles;

north-east and east of pastoral block 1 8 3 ~

; east of pastoral leases 209, 2269, 2544,

and the production northerly of the eastern boundary of the latter lease; east of portion of Lake MacFarlane; east and south of portion of pastoral lease 2695; south of portion of pastoral lease 2389c; east of said lease, pastoral leases 2550, 2350, 2682a, 2682, 2644, and 2679; north of portion of the latter lease, east of pastoral leases 2677, 2674, 2671; north of the latter lease; east of portions of pastoral leases 2 6 3 4 ~, 2795, pastoral leases 2452, 2255; south and east of portions of former pastoral lease 1845; south of pastoral lease 2344, and portion of pastoral lease 2639; south and east of former pastoral lease 1888, and portion of pastoral lease 2639; east of portion of pastoral lease 2 6 3 9 ~; south of former pastoral lease 2 8 6 5 ~; east of portion of Lake Eyre North; south of pastoral block 399, pastoral leases 2362,2361, and portion of 2360; west and south of portions of pastoral leases 2842 and 2570; south of former pastoral lease 2916; south-west of portions of pastoral lease 2405,

former pastoral lease 29 18; and pastoral leases 2739 and 2 7 3 9 ~;

south of pastoral

leases 2773 and 2 5 8 9 ~; south and west of portions of'pastoral lease 218; west and south of portion of pastoral lease 2784; west of the eastern boundaries of pastoral lease 2979, portion of pastoral lease 73 and pastoral lease 2 5 3 0 ~; west of portion of pastoral lease 2 5 3 0 ~, pastoral leases 2497a, 2497, and 2794, pastoral block 517; west of pastoral lease 247; south of portion of said lease; west of portion of pastoral lease 2542; west and south of pastoral lease 2645; south of pastoral leases 2499,

2514,2240, 2985, and 5004.

And

32

-	4 O EDWARDI VII, No. 850.

The

Pastoral

A c t. 1 9 0 4.

PART	XVII.	And all that portion of the State east of portions of counties Burra and Kimberley, and south of portion of District A, north of the hundred of Stuart; east of portion of said hundred; north-east of portion of pastoral block 275 ; north of the production westerly of the northern boundary of former pastoral lease 2 1 5 8 ~ ; north of said lease and former pastoral lease 2 l58 ; west of portion and north of former pastoral lease 2161; west of portion of pastoral lease 1816; north of the southern boundary of pastoral lease h193 and its prodnction easterly to the western boundary of Chaff'ep Brothers' Irrigation Colony; west of portion and north of said irrigation colony to the eastern boundary of the State.
--
All that portion of the State south of county Alfred and portion of county Albert; east and south of the hundred of Bowhill; east of portion of the hundred of Ettrick; north of portion of former pastoral lease 2078 ; north of former pastoral leases 1876 and 2093; north and west of portion of pastoral lease 2553; east of portion of county of Ruccleuch; north of the hundreds of Cotton and Bews; west of portion of the hundred of Parilla; and north of the said hundred and the hundred of Pinnaroo.
Also all that portion of the State north of portion of the hundred of Tatiara; north-east of a line seven miles north-east of and parallel to the line of railway from Murray Bridge to the Victorian border; east of portions of counties Cardwell and Buccleuch; and south of an east and west line fifteen miles south of the hundreds of Cotton, Bews, Parilla, and Pinnaroo.
Together with all those portions of the State east of portion and south of the hundred of ('oolinong; east of the hundreds of Bonney, Glyde, Santo, and Neville; north of portion of county MacDonnell; west of portion of the hundred of Wirrega; south and west of portion of the hundred of Stirling and south-west of a line seven miles south-west of and parallel to the line of railway from Murray Bridge to the Victorian border; together with that portion of county MacDonnell not included in any hundred.
The boundaries of the districts above described are approximately indicated on the plan hereto attached.

PLAN

~---------p
--

Adelaide : By authority, C. E. BRISTOW,

Qo~ernment

Printer, North Terrace.

Reserves -

. .-