The Village Settlements Act 1901 (SA)

EDWARDP V11 REGIS.

No. 7 68.

An Act relating to Village Settlements.

[ Assezted to, December rrst, 1901. ]

E it Enacted by the Governor of the State of South Australia, Australia, as follows: B with the advice and consent of the Parliament of South

PART I. PART I.

PRELIMINARY.

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

Settlements Act, 1901," and shall come into operation on the first day of January, one thousand nine hundred and two.

2, Part VII. of "The Crown Lands Amendment ,4ct, 1893," Repeal.

and sections 2 to l l, inclusive, of " The Village Settlements and Reduction of Rents Amendment Act, 1 89 5," are hereby repealed, but this repeal shall not affect any right or interest already created or existing, nor anything lawfully done or suffered under any of the sections hereby repealed.

3, This Act is divided into six parts, relating to the following D i v i s i o n o f ~ c t

subject matters :- into parta.

PART I 1.-Constitution of Associations and Districts:

PART	111.-Valuations:
PART	1v.-Leases:

PART v.-Irrigation Works:

I" EDWARDI VII, No. 768.

The Village Se~tlements Act.-1 SO 1.

4. In this Act, ui~less the context otherwise required-

Interpretation clause.

" Association " means one of the Associations mentioned in

section 5 hereof:

Commissioner " means the Commissioner of Crown Lands:

'' Inspector " means the Inspector of Village Settl~ments :

'* Improvcmeir ts" means substantial aud permanent improvernrnts consisting of buildings, fencing, dams, tanks, wells, drainage ancl irrigation works, clearing, grading, cultivating, planting with fruit trees, vines, grasses, or cereals:

irrigation works" mr>:ms all channels, watercourses, machinery, and or her property aild improvcime~lts constructed or erected in the 1)istrict of ally Association for irrigation purposes and belonging to an Association:

" Part VII." means Yart VII. of " 'l'he Crown Lands Amendment

Act, 1 H93 ":

Yrescribcd " mcans prescribed by any Crown 1,ands Act or

regulstion:

-' Keservd la~lcls " rncaiis the lands at the time of the passing of

this ,kct reserved for or occupied bv the Associations

mentioned i11 section 5 hereof, or by the members thereof:

' b R,ules" shall mean the rules prescribed for the rnanngenient of

Associations:

Trustees " means the trustees for the time being of an Asso-

ciation.

Certain associations

to continue. 5, Notwithstanding such repeal as aforesaid, the constitution

and registration of the fidlowing Village Ashociations, pursuant to the

repealed sections, except e) far as the same are altered or modified by

this Act, are confirmed, ancl each of such Associatio~~s shall continue

a body corporatc, having pcrpetual succession, a common seal (of

which the corporate name of the Associiltion sllnll form part), and the right and 1i;~bility to sue and he sued, irnd shall ha\ e and be subject to the nglits, authorities, duties, and liabilities hereinafter

appearing

: -

The Lyrup Village Association:

The Pyap Village Association:

'l'he Moorook Village Association:

The Kingston Village Association:

Tile EIoltler Village Associatio~~:

'She WTaikerie Village Association

The Ramco V illage Association.

I" EDWARDI VII, No. 768.

The Villnye Settlements Act.---l 90 1,

-- p p- - - - p --

6. " The Companies Act, 1892," shall not apply to any of

the said Associ a t' ions. Companies Act not to apply

7. Out of the reserved lands the Commissioner shall set apart for Lands to be set apart.

the purposes of this Act-

(1) Such land as he shall consider fit for horticultural purposes,

hereinafter termed horticultural land:

(2) Such land as he shall consider fit for agricultural purposes,

hereinafter termed commonage land:

(3) Land whereon any irrigation works are situated.

8. The Commissioner shall came the lands so set apart to be Lands to be surveyed

sub-divided as follows: T h s said horticultural lands into blocks	m d sub-divided.
of as nearly as practicable equal unimprovcd value, and of about ten acres in extent; and the commonage land into one or more blocks of such area as he may determine.

Q. The lands set apart shall in each case form the IJistrict of the Districts of Associa-

Association. tions.

PART 111.

VALUATIONS.

10. Upon the completion of such sub-division as aforesaid, separate Valuations.

valr~ations shall be made of-

(a) The irrigation works in each such District:

( h ) The improvements (if any) on each of the said horticultural

blocks in each District, hereinafter termed horticultural

improvements:

(C) The improvements (if any) on each of the blocks of the said

commonage land in each such ITXstrict, hereinafter termed

commonage improvements:

(d) All the personal estate belonging to each of the said Associa-

tions.

11, The said property mentioned in section 10 hereof is herein- Meaning of term,

after together included in the term valued improvements. valued improvements.

If),, If the Commissioner and any Association shall not forthwith Arbitration in event

after the completion of such sub-division agree as to such valuation O'	d i 8 a ~ e m e n t.
the a m o u ~ ~ t thereof shall be ci~cided by arbitration, to be conducted pursuant to " The Arbitration Act, 1891," one arbitrator being appointed by the Clommissioner and the other by the Trustees of the As.oc.intions not so agreeing, or if no unanimous nomination bc made, then by a majority of such trustees.

13. ( 1 ) 'h

I" EDWARDI VII, NO. 768.

The Village Settlements Act.-1901.

PART 111. 13. (1) The date for the appointment of arbitrators shall be fixed

Procedure on arbitnr-	by the Con~missioner	by notice in the G'overnmerct Gazette.
tion.

(2) The decision of the arbitrators or umpire shall be reported in writing to the Commissioner and to each A4ssociation concerned forthwith after the same shall have been arrived at.

Basis of valuation. l. No improvement shall be valued at a sum in excess of the

value thereof considered solely in connection with its worth to the

Association or to the members thereof at the time of valuation.

Exceea of debts over

valuations to be	15. The amount of such valuations in respect of the District of each Association determined as aforesaid shall be deemed to be the total indebtedness of such Association to the Commissioner, and the excess (if any) over such valuation due by Association to the Com- missioner shall in each case be deemed to be written off.
written off.
Sums so written off
to be provided in	16. The aggregate amount of the sums so written off, and also the total indgbtetlness of any settlement which has bean or may hereafter be closed, shall be provided for in seven equal parts by the Treasurer on the Estimates during the seven years next following the year in which the decision of the arbitrators or umpire shall have been arrived at.
Estimates.

PART TV.

LEASES.

Determination of	17. (1) When the amount of the valuation in a District shall have been agreed or fixed, the Governor may by Proclamation determine the occupancy by any person or Association of the reserved land in such Ilistrict, and thereupon such reserved lands shall revert to the Crown free from encumbrance.
occupation.
Horticultural blocks

to be leased to (2) Thib Conimissioner shall forthwith leabe such of the horti-

members of Aesocia-	cultural blocks in the District of each iissociation whose occupation
tion.	shall have been so determined as he may think fit to individual members of such Ahmia t ion on perpetual lease, subject as herein- after appears.
(3) The Commissioner may from time to time lease any of such blocks to a person not a member of any such Sssociation, and there- upon such person shall be deemed for all purposes to become a member of the ,4ssociation within whose District such block is situated.
(4) Not more than two blocks shall be leased to or held by the same member, arid each lessee shall hold his block for his individual use and enjoyment.

( 5 ) The Commissioner may, on g r a ~ ~ t i n g any such lease, obtain

from the lessee such premium ( i f any) as he. map think fit, and any such premium shall be the property of the Associiltion within whose District the land so leased is situated. (6) 'Lhe

I" EDWARDI VII, No. 768.

The Ellage Settlements Act. - 190 1.

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(6) The said commonage lands shall he leased to and held by the respective Asssociations within whose District such lands are respec- Commonage lands to P * ~ ~ IT.

be

tions. leased to A ~ S O C ~ -

tively situate on perpetual lease, subject as hereinafter appears.

18. The annual rent to be reserved by any mch lease, whether Rent of horticultural and commonage

of horticultural blocks or commonage lands, shall be fixed by the land,.

Land Board, and shall commence at a date to be fixed by the

Commissioner.

19, The expression lessee " whenever used in this Act shall Definition of term '' lesaee."

include the executors, administrators, and assigns (voluntary and

involuntary) of such lessee.

20. The amount of the valuation of the inlprovements, Value of improve- ments on each horti-

excepting buildings, which shall bc wliwd sq~arately on each ,,,itula1block, and

horticultural block, together with interest on such amount at the interrsttliereon, a charge on that block,

rate of Fonr Pounds 'l'en Shillings per centr~m per annuin (a11 rePaJ8ble by forty- irlstal-

hereinafter includtd in the term '. the inemhers' debt '') shall be a

ments.

first charge upou such blocks respcctiwly, ancl shall be cteemed a debt dueUby i h c lessce thereof fh the tillle being, and shall Le paid to the Commissioner by the lessce by forty-two annual instalments, to be calculated at the rate ot Five Pounds Fourteen Shillings and Six Pence per centum of such amount and interest, the first of such payments to be made on first day of January, one thousand nine hundred and four: Provided that the lessee may pay the whole or any portion of the balance due at any time during the term of the lease.

21. The amount of the valuation of' the irrigation works, the r a l u e of irrigation works and of improve-

improvemel~ts on the commonage lands. mid the personal estate as ,,,,, ,,

aforesaid of, or in tlie I Iistrict of, any L-issocintion, together with lands and interest a c h a ~ g e on the rroperty

interest o n such amount at thc rate of Four l'ountls Tcn Shillings of Assoriati,,n,

per c(~1iturn p": annun1 (a11 l~creinaftcr i~icludetl in the term " the r w ~ b l e i n forty-

twtl annu;tl instal-

Association's debt ''), shall be a first charge upon all the property of ,,,,,,.

antl slid1 be deemed a debt due by sucli Association, and such amount antl interest shall be paid to the Corilniissioner by such hssori:rtion by forty-two annuai payments, to be calculatedat the rate of Five Pounds Fourteen Shillings and Six Pence per centum of such amount and iuterest, the first paymcnt to be made on the first day of January, oue thousand nine hundred and four. If and

so often as an ~sso>iation shall fail to duly make such annual pay- ~f Association

ment, the same s l ~ l l be recoverable from the lnernbrrs of such ~ . $ , ~ l ~ r ~ ~ ~ ~

defaultixg Association, each member being liable to pay a proportion proportion.

thereof, such proportion to be ascertained by divitling the amount

of such annual payment (or the unpaid balance thereof) by the

number of members of such Association at the time when the

default occurred. and such proportion shall also bc a charge upon

the block of eaph such member, subject only to the charge created

by section 20 hcreof: l'rovided that the lessee may pay the wholc

or any portion of	the balance due a t any time during the term of
the lease.

22. Every

I" EDWARDI VII, No. 768.

The Village Settlements Act.- 1901.

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PART ~ v. 22. Every lease of a horticultural block granted pursuant to e lessee within the time and ill manner prescribccl, and shall con- tain such covenants, conditions, and reservations as thc Commissioner shall determinct, and every such lease slli~ll contain the right to assign the same with the consent of the Commissioner of Crown Lands.

-	F	-	.	-
J'lovisions respecting this Act shall be prepared by the Commissioner and be executed by
leases of 1,orticultural th
blocks.
leases of commonage Pmvi~ionsres~eoting 23. Every lease of commonage land granted pursuant to this

Act shall be prepared by the Commissioi~cr, and be executed by the Association within the time and in the manner prescribed, and shall contain such covenants, ccnditions, and restrictions as the Commis- sioner shall determine.

l~egsw's interest

be forfeited.

24. If the lessee fails to comply with the provisions of this Act or of his lease in any respect, the C'ommissioner may, on suficient proof thereof to the satisfaction of the Corr~missioner, forfeit the interest of the lesscc in the block, and thc Commissioner may cause such interest to be sold or disposed of to any person who is qualified to become a memt~er of the said Associi~tion on such terms as he shall think fit. Any person so acquiring such block shall be deemed to stand in the position of the original lessee, and, if not already

n member, shall be deemed to be one.

P A R T V.

I R RTGATION WORKS.

Irrigation works

vested in Commis- 25. (1) 'l'he property in all irrigation works is hereby vested in

pioner.

the Coulmissioner for the purposes of this Act.

To vest in Associa-

tions W hen debts

(2) When the charges imposed by sections 20 and 21 hereof shall have been satisfied in respect of all the li~lld in any District the Governor shall, by Proclamation, vest in the ~ssociation of that

satisfied.

of this Act, a i d such irrigation n.orks and the -4ssociation within District the irripiion works within such 1)istrict for the purposes

whose District the same are slmll no longcr be subject to any

direction, control, or management by the Cominissioner.

Water in irrigation

works vested in

26. All water from time to tirnc in the said irrigation works shall be the property of the respective Associations within whose Districts such irrigation works are situate, and shall be used by them for the purposes of this Act.

Asswiat ion?.

Associations to

manage irrigation

27, (l) The control and management of the irrigation works, the collection and distribu~ion of the water t)y and through the irrigation works, shall belong to and be exercised by the Association in whose District such norks are situate respectively, but subjcct to the direction of the Co~nrnissioner, who may at 1,is discretion, at any time and from time to time, assume the control and management thereof, to the exclusion of the Association concerned.

works subject to

including all extensions of or alterations and additions thereto, and

Commissioner

(2) Each

1" EDWARDI VII, No. 768. 7

---

-.. . - -

The ViE,'age Seitlemen ts Act. - -1 90 l.

pp--- -

PART v.

(2) Each Association shall a t all times keep the irrigation works Associations to

within its District in thot-oogh rel)air and maintain and renew the mainkin, and

same as occasion requires, all to the satisfnctiou of the L'ommissioi~er. renew irrigation works.

(3) 'The expenses incurred by any Associati('n or by the Corn- Expenses in respect of irrigation works

missiotier in such control, ~nanagement, maintenwnce, renewal, and pYable by members.

repair (hereinafter termed the ir~igation exlwnses " ). shall be pay- able by the members of such Association equally, as and when the Commissioner may from time to time determine. I n the event of dispute, the decision of the Commissioner as to the proportion of such irrigation expenses to be paid by each member shall be final.

28, The business and affairs of each Association shall, subject Management.

in all things to the appro~a l of the Commissioner and to this Act and to rules, be managed by a Board to be appointed in manner prescribed.

29. The Commissioner shall have the following powers with Powemof Commis- sioner.

respect to any i4ssociation whilst the whole or any part of the debts

or amounts referred to in sections 20 and 21 shall remain unpaid:-

I. H e may expel any member from an Association, and may summarily eject and remove such member from the Uis- trict of such Association: Provided that t l~ is power shall only be exercised in cases where notice shall have been give11 by the Commissioner to the trustees requiring the expulsion of the rrieinber under the rules, and default shall have been made in such expulsion for at least fourteen days after srlch notice. Should the Akssociation appeal against the decision of the Commissioner it shall be entitled to nomillate an arbitrator, who, with one to be appointed by the ( :ornrnissioner, shall have power to reconsider arid may revrse the action of the Commissionw. Should they hi1 to agree the arbitrators shall nominate

an umpire, whose decision shall be final:

1 1. H e may control and direct the expenditure of any mone\s

by Associations:

111. He may call upon any trustee of any Association to retire

from ofice in any case where, in his opinion, i t is desirable for the welfare of the Absociation that such trustee should so retire, and such trustee shall retire accordingly:

rv. H e may require any Association to illcrease the number of members, and, if any such requisition is not complied with within six caleudar months after the date of service of such requisition upoil the Association, may cancel the lease to such Association:

v. H e may from time to time make, amend, and repeal such

rules as he shall consider necessary for the management of

the

8 I " EDWARDI VII, No. 768. .p

-- --

The Village Settlements Ac t. -1901.

the Association, and for the regulation, maintenance, and control of the irrigation works, and for the supply of water for irrigation and other purposes, and for the payment of all expenses incident thereto, and generally for the better carrying out of the purposes of this ,4ct.

Prior rules continued

and rules to be 30, Until rnles shall be made by the Commissioner all rules of

prepared.	any Association in force at the passing of this Act, and valid and issued or made under the provisions ofthe said repealed sections, or any of them, shall be and continue in force. Rules in accordance with the provisions of this Act shall be prepared.
Members' past credits
written off.	31, No past or present member of m Association hall have any claim against such Association in respect of any credits or sums owing or accruing, or appearing to be owing or accruing, by the Association to such member prior to the coming into operation of this Act, and any such credits shall be deemed satisfied.
No further advance

to Aseociations. 32, No advances or allowances shall be made by the Commis-

sioner to any Association after the thirty-first day of December, one

thousand nine hundred and one.

Leesee not to remove,

destroy, or injure	33, So long as the whole or any part of the debts or amounts for the lessee of any horticultural block to pull down or remove from the land whereon the same shall be, or knowingly suffer to be pulled down or removed, or wilfully or knowingly destroy, damage, or injure, or suffer to be destroyed, damaged, or injured, any per- manent building, erection, or irrigation work erected or made upon the land in the District of any Association, without the consent of the Commissioner in writing first had and obtained. 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
impmvementa	referred to in sections 20 and 21. remain unpaid it shall not be lawful
moneys owing.
exceeding two years.
Appointment of

inspector. 34, The Governor may appoint an officer, to be styled "The

Inspector of Village Settlements," to assist the Commissioner in the execution of this Act.

Management of corn- 35,

(1) 'l'he commonage lands so to be leased to each Association as aforesaid shall be under the control and management of the Asso- ciation within whose District the same are respectively situated, but

monage lands.

- subject to the direction of the Commissioner, and shall be worked by such respective Associations for the common good and benefit of the members thereof respectively upon the principles of co-operation and equitable division.

Members to contri-

bute labor. (2) Every member of each such Association shall provide or contri- bute towards the maintenance and working of the irrigation works and the care and cultivation of the commonilge lands of the Asso- ciation whereof he is a member such labor (not being less than

thir ty-six

PART L v- .

thirty-six days during every soccessive period of six months whilc he shall be a member) as the Commissioner stlall require, or such sum iu cash as the Commissioner may consider the equivalent of s11ch labor, a i d every sucll member shall be entitled to credit in the book; of' the Association for the value ot such work as such value shall be assessed by the Coinniissioncr, or for such cash, as thc case may be.

36, Each Association sh11 cause an account to be prepared once c,,,,,,,n,,, l;tn,js

in every year of the working of the said commonage land, showing accountP.

therein all expenditure arid i~~conie i l l conilection therewith, includ-

ing the amount of' thc assessed value of the incrl~bers' labor, and

after ~uaking provision to the satisftction of the Conirniss~oner for rent, working expenses of' the conmonage lands (including a propor- tion of the irrigation expenses), and for depreciation and renewal of the plant, tools. and live stock of, and the irrigation works in the District of, the Association, the surplus (if any), after deducting twenty-five pcr cell tuiil therefrom for a sinking fund for renewal of plant, e t ceteru, inay be divided aruongst those persons who are then members of such Associatiou rcsy ectively, in prop01 tion to the aniount of' their respective credits in the books of the Association fbr earnings since the co~ning into operat~ori of this Act. A copy of' each such account, certified to by the trustees of the District to which the same relates, shall be forwarded to the Commissioner.

37, All disputes of a civil nature between niembers arising Arbitration.

out of the afhirs of the Association shall be settled by arbitration a d uinpirage of any three or more members not parties to such disputes, in r~~a i~ i i e r provided by the rules, and the parties thereto shall not be entitled to maintain any action in respect of such disputes except for the arriounts determined by the award. I n case of difference the decision of a majority of such members shall be

valid and effectual.

the said Associations shall be deemed to have been served upon the on Association. 38, Any process or document served upon a trustee of any of Serviceofproceedings

Association.

39, The proportion of irrigation expenses and the annual in- Annual instalments

stalments of the Association's debts and of the members' debts pay- tion expanaearecouel- of charge and irriga-

able by any Association or by any member o i an Associatiou shall, able by diatress.

amongst other ways, bc recoverable by distress and sale of the goods

and chattels of the Association or person in default, together with

such charges as may be prescribed.

40, Notwithstanding the charge imposed by sections 20 and 21 bssociationsmay,with

hereof any Association, with the prior consent, in writing, of the ~ ~ 2, ~ $ ~ 6; ~ ~; s,

C'ommissioiier (which he is hereby authorised to give on such terms etc., notwithstanding

as he nlay think fit), may in the ordinary course of business sell or charge thereon.

dispose of any of the goods, chattels, and eflects of such Association

free froill such charge.

B - i ~ 41. Every

1" EDWARDI VII, NO. 768.

The Vi l lage Setrlentents Act.-1 90 1.

Document8furnished

to Commissioner open 41. Every memorandum filed for the purposes of forming an

to public inspection.	Association, and every copy of the rules of the Association, and all the accounts of the Associatiori rendered to the Commissioner, shall be open to public inspt~tion on payment of Two Shillings for every such inspection.
Gazette evidence of

Proclamation and 42. The Gooernment Gnzdte containing any Proclamation or

facts. Order made by the Governor under this Act shall be conclusive

evidence of the fact, tenor, and validity of such Proclamation or Order, and shall be evidence of the fa& stated, recited, or assumed therein; and no sucli Proclamation shall be invalid by reason of' anything required as preliminary thereto not having been done or not having been chly done.

In the name and 011 behalf of His Majesty, I hereby assent to

this Bill.

TENNY SON, Governor.