The Pastoral Amendment Act 1901 (SA)

A. D. 1901.

No. 770.

An Act to amend the Law relating to Pastoral Lands.

[Assen ted to, Decembev arst, rpo1.1

1: it Enacted by the (;ovcrnor, with the advice and consent of

B thc Parlian~ent of South Australia, as follows:

1, This may be cited as "'She Pastoral Amendment Act? Short titleand iccor poration.

1901," and sl~all be incor1)oratctl wit,ll 'l'lie Pastoral Act, 1893,"

and the Acts amcmling the same.

2. Sllch p1. t of " The Pastoral Act, 18!)3," or of' any other Act, Minjmunl rent abolished.

which provitles that t,he annual rent of i t run shall not in tiny case

A-770

be less than 'SWO Shillings ant1 Six 1'eilc.e p ( ~	square mile of	l i ~ n d,
is 'hcreby repealed.

3, 'I'hc P;lstoral Board may, on applichation by the h s e e on or Reduction of rent.

before thc t h i r t ~ -first (1av of I_)cceml)er, one thousand nine huntll~ctl

and t \ \ o subjcct, to the al)prov:~l of' the Commissioner, make a reduc-

tion in the ainollnt of a~lnnal rcnt l)a\ able untlcr any pastoral lease, and on acrel,tanw thcrcof by t h i lrssee a certificate shall thcrellpon isslw containing thc particulars of the reduction with-

out anv sr~rrcnder of the lease to which the same refers.

4, JVithin thirty clays after the commencement of each Session ReturnstoPsrl iame~.

of Parliament there shall be forwarded by tlle C'ommissio~~er of C'rown Lands to both Iiouses of P;~rliament a return showing the rcdl!ctiol~s of' all rents and t l ~ c reductions of the ~ a l u e of improve- lncnts made to lessws during islie preceding twelve months, and in

I espect

I" EDWAKDI VII, No. 770.

The Pastoral Amendment Act. - 190 1.

respect of every such reduction the return shall set forth the name of the lessee, the number of his lease, the area thereby demisecl, the locality of the run, the rent payable prior to and consequent on any reduction, the value fixed in respect of the improvements prior to and consequent on any reduction thereof, and the reasons for any such reduction.

Notice of resumption. 5, The notice under Part X. of " The Pastoral Act, 1893," of the resumption of any pastoral lands shall set out the purpose for which the land is intended to be resumed.

Re~umption for

reletting for pautoral 6, No lands comprised in a pastoral lease shall be resumed for

prohibited. any purpose except such lands as shall be required for intense

culture, or for public works, such as railways. tramways, roads, bridges, public buildings, water conservation works, or as a site for a town or cemetery, or for mining, or for residential sites, com- monage, 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 culture, and where such resumption is for the purpose of intcnse culture one year's notice shall be given: Provided that immediately after notice of resumption for the purposes herebcforc specified the Commissioner may entcr upon the land comprised in any such lease for the purpose of making any necessary surveys: Provided also that nothing in this section contained shall prevent the Commissioner from resumitig

.

pastoral lands in hundreds existing at the time of the passing of this Act in manner prescribed by Part X. of "'l'he Pastoral Act, 1893 ": Provided also that if no portion of the lend resumed for intense culture shall be nscd fbr intense culture for a pried 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, fbr the balance of the term named therein upon repay-

ment by the lessee of any compensation for such resumption.

Definition. 7. " Intense cu l tu~e " shall mean the growtll of' fruits, plants, and

vegetables, or any other produce, by means of' irrigation from artesian

W&, or natural springs, or water conserve:l by the Statr.

Amendment of section	8,	Sub-section 1 of section 2 of	'' The Pastoral Amendment Act,
2 of Act S o. 712 of

1698-9. l 89 8-9," is he1 eby repealed, and the following sub-section is inserted in lieu thereof: - L'LUl leases hereafter granted of pastoral lands not certified by the Pastoral Board and approved by the Commissioner as unlikely' to be required for closer settlement shall be for twenty- one years. All other rastoral leases hereafter granted shall be for a term of forty-two years, subject to re-valuation of rent for the last twenty-one years thereof: 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 any lessee shall hare made or paid for, and which shall not be the property of' the Crown. Q, Section

I " EDWARDI VII, No. 770. 3

The Pastoral A me~dment A c t. 190 1.

-- - --

- - - - - - - -

gm Section 66 of " The Pastoral Act, 1893," and sections num- ~ ~ ~ B( l ~ ~ ~ ~ ~ ~ ; i

bered 4 and 17 of	The Pastoral Amendment Act, 1898-9," are ISW, and 4 and 17 OF	A C ~	1898-9.	NO. i 12 of
hereby repealed.

10, Every lessee under the Crown of pastoral lands not within Sunender of lease-

hundreds existing at the titne of the passing of this Act may, until the thirty-first day of December, one thousand nine hundred and two, give notice in writing to the Commissioner of his desire to sur- render his lease and take in lleu thereof a lease under the p~ovisions

of this Act; and if the Pastoral Boa~d, subject to the approval of

the Commissioner, shall consider the cou~ltry in respect of wliich such noticcl is given to be fit only for pasto~al occupation the Pastoral Baud shall, with the approval of the Commissioner, fix the rent payable and value of improvements under such new lease, and, such relit and value of improvements having been fixed, notice thereof shall be forthwith given to such lessee, who may within six months after the receipt by him of such notice notify to the Com- missioner his desire to accept a lease on the terms so fixed; and thereupon such lessee shalf be deemed to hnve surrendered his existing lease, togcther with all rixhts, claims, and demands there- under, including all claims for compensation for improvements, and he shall be entitled tcl a new lease under " The Pastorwl Act, 1893" and the L \ c t ~ amending the same, including this Act: Provided that the Commissioner may, on the recommendation of the Pastoral Board, rctuse to accept anv such surrender: Provided also that this section shall not apply i o either right of purchase or perpetual leases: Provided that the Pastoral Board shall not reduce the value of improvements to a lessee who has neglected to keep such i~nprovemrnts in a good state of repair during the term of' his lease, a? provided in section 51 of '' The Pastoral -Act, 1893," mless fresh improvements to an equal value hnve been made on the lease.

11, No transfer or absolute surrender of the lease of lands within Loan t o b e repaid before transfer or

any Vermin District shall hereafter be allowed until such district surrender.

shall ha\.e repaid all loans made to it by the Government under

Part XI. of The Vermin I)istricts Act, 1894," or mless the Com- missioner shall be satisfied that the proportion of any such moneys owing by the district payable in respcct 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 Com- missioner for wire netting or barbed wire.

to bore for

12. The Commissioner, and all persons authorised by him, shall water.

have full and free liberty of access, ing-ress, egress, and regress, with or without horses, carriages, and machinery, into, over, through, and upon any land comprised in any pastoral lease, and may thereon sink bores and wells, construct dams, reservoirs, and embankments, for the prlrpose 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 grantccl on land rcsumed for mining purposcs. 13. No

I" EDWARDI VII, No. 770. - . --

The Pastoral Amendment A c t. 1 9 0 1.

Discovery of artesian

wells. 13. No lessee shall be deemed to discover an artesian well within the meaning of' section 20 of "'l'he Pastoral Amendment Act, 1895," unless such well shall be situated at least ten miles distant from any other artesian well or any permanent natural spring exist- ing on such run at the time when the first-mentioned well was com- mcnced to be sunk, and yielding a supplv of not less than five thousand gallons of water fit for stock per day.

improv~ments Interest on 14, The rate of interest chargeable on the purchase-money to be

reduced to 4 per cent. paid for improvements under " The Pastoral Act, 1893," and all other Acts amending the same, by the incoming or outgoing lcssce shall be reduced from Five Pounds per centum pet- annum to Four Pounds per centurn per annum.

Substituted 15. The Schedule set forth in " The Pastoral Amendment Act, 1898-9," is hereby repealed, and The Schedule to this Act substituted therefor, and a certificate containing paiticnlars calculated from such Schedule shall hc given to the lessee without any surrender of the lease to which such particulars refer.

A ~ e ~ t a n c e o f terms- 16. Where any lease shall be surrendercc1 for the purpose of

another lease being substituted in lieu thereof on new terms arid conditions, or whew any alteration in the amor~nt of annual rent payable under any pastoral lease is appr o w l b y the Commissioner, the lessee shall accept bv writing such new tcrms and conditions within three rr~onths aft& t l u ~ notification that s~lcli ncw lcase or such alteration, as the case may be, has becn approvctl by the Com- missioner; otherwise the propos~cl new tt3rms ant1 conditions or approved altcration shall tl~crcupon tieterminc ancl 1)c void and of none effect,, and the lcssee shall colitinne to lloltl at the same rent and subject to the same terms, covcnants, and conditions as Eic held prior to such surrender or approvecl alteration.

Minerd leases may 17. Claims ancl millin$ 1c:lses m a y be ])c-wl out or granted

be glantcd. @."

under and su1)jcct to thc l)rovisions of " ' 1 ' 1 1 t b hlinillg > ic t of 1893,"

and a11 Acts :tmcntling tlic same, ovcr a ~ d of lillltls comprised in any

pastoral lease whether gran tcci bcforc or a f ' ~ tlic passing of this

Act without rcsuml)tion: Z'ro~itlctl tlla t the ~,l.ovicions of this section shall not extend to any land romp1 iwtl ill any pastoral 1c;w within two hunc!rr~I yartls of any well, rrw1-voil., dam, dwelling-

house, factory, or building of not icss thau &'iffy Pomds in valuc.

Pastoral Irase. 18, Any person mtitlctl to a pastoral lease shall be dcemcd a lcssce

within the mrariing of this and all Acts aff'ecting pastoral lands.

Validating past	19, All ~wluctions	of rent and value of im povcmcnts heretofore
reductions.

madc by the Commissioner nndt%r the asswI1: (l tll~tliority of any -4c.t

arc hereby validatt (1, althougli thc time for i~l)l)l\ ing for or rnakir-lg

the same may havc expircd bcfore the rnalring tlicwof.

20, Section

I" EDWARDI VII, No. 770.	5
The Pastoml Amettdmen t Act.- 1901.

20. Section 1 17 of The Crown L a d s Act " (No. 444) of 1888 ~ ~ e ~ ~ ~ ~ ~ ~ 8 i n a '

is hereby repealed, and the following section suhstituted therefor :--	granted.
Leases may be granted to charitable hcorpomted bodies for any term	Repeal of section l l 7

not exceeding twenty-onc years, a t such rent and upon such terms Act No, 4440f

and conditions as the Governw may think fit, of any land as 1888.

aboriginal reserves, in blocks not exceeding one thousand square

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 lands therein described are required for and applied for the use

of the aboriginal inhabitants of the State.

21. All reductions of rent and other concessions authorised by Reductions, when to take effect, and dare

this Act shall take effect only from and after the first day of January,	1,,,,,.
one thousand nine hundred and two, and all new leases issued under this Act in lieu of' surrendered leases shall date from the said first day of January, one thousand nine hundred and two.

8

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

this Bill.

TENNY SON, Governor.

I" EDWARDI VII. . .

The Pastwal Amendment Act.-1 901 .

THE SCHEDULE.

Scaiejor Payment o j Purchase-money for Improvements. the Property of tile Crown.

where Special Arrangements made Pursuant to h'ection 51 of Act 585 of 1893.

showiny the Annual Payments in adrance. including Interest at 4 per cenl . per

annum. to be made in respect of every £100 oj-the Yurchase.money .

Annual Payments Annual Payments

Number of Payments. Number of Payments.

in *dvance. in Advance.

i

--.- .-...p.

l j ;E s . d . S . d .

2 .................. 5 0 1 9 ' 7 23 ................ 6 9 6

3. .. .. .. .. .. .. .. .. .	S	34 13 0	24 ................	6 6 2
4. .. .. .. .. .. .. .. .. .	;	26 9 9	25 ....,...........	6 3 2
5 ..................	21 12 0	26 ................	6 0 4

6 .................. 1 18 6 10 27 ................ 5 1 7 9

7 ..................	16 0 5	28 ................	5 1 5 5
8 ..................,	14 5 8	29 ................	5 1 3 3

9 ..................	i	12 18 8	30 ................	5 1 1 3
10 ..................	11 17 1	31 ................	5 9 4
11 ..................	10 19 6	32 ...............	5 7 7
12 ..................	10 4 11	33 ................	5 6 0

13	..................	9 12 7	34 ................	5 4 6
14	..................	9 2 1	35 ................	5 3 1
15	..................	8 13 0	36 ................ 1	S 1 9

16	..................	8 5 1	37 ................	I	5 0 6
17	..................	7 18 1	38 ................	4 1 9 4
18.	.........,.......	7 l1 l1	39 ................	4 1 8 3
19	..................	7 6 5	40 ................	4 1 7 2

20 ..................	7 1 6	41. .. .. .. .. .. .. .. . I	4 1 6 3
21 ..................	6 17 1	42 ................	4 1 5 4

22 .. ......,......... 6 13 1

Adelaide: By authority. C. E. Bare~ow.