The Wallaroo Railway Lands Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1085.

An Act to Revest certain Lands in the Hundred of Wallaroo in the Crown, to Validate certain Leases thereof and other Dealings, and for other purposes.

[Assented to, Novem6er I&+, 1912.1

HEREAS, on or about the fifteenth day of March, eighteen Preamble.

hundred and seventy-eight, the lands mentioned in the Schedule to this Act (hereinafter called 'l the said lands ") became vested in the Commissioner of Railways, pursuant to a sale and transfer by the Kadina and Wallaroo Railway and Pier Company, Limited, under section 14 of the Act No. 76 of 1877 : And whereas

Property Act, 1886," and also because the lands being vested in the said Railways Commissioners or Commissioner there was no power

by virtue of The South Australian Railways Commissioners Act, No. 414 of 1987.

1887," the said lands became vested in the South Australian Railways

Commissioners, and by virtue of " The South Australian Railways	612 of 1994.
Commissioners Act Amendment Act, 1894," the said lands became vested in the South Australian Railways Commissioner: And whereas whilst the said lands were vecrted in the said Railways Commissioners or Commissioner leases in perpetuity over portions thereof were granted by the said Railways Commissioners or Com- missioner, and leases in perpetuity over other portions thereof were granted by or on behalf of the Crown: Ahd whereas the leases so granted b i the said Railways Commissioners or Commissiorler were and are invalid because the Railways Commissioner had not power to grant leases in perpetuity: And whereas the said leases so
granted by or on behalf of the Crown were and are invalid because

not granted by the registered proprietor thereof under " The Real No. 380 of 1886.

Th Wallaroo Railway Lands Act.--1912.

power to grant leases thereof in perpetuity: And whereas advances out of the Blockholders Loan Fund have been made under " The

No. 1891. Blockholders Loans Act," or under Division VI. of Part IX. of

NO. 830 of 1903. The Crown Lands Act, 1903," to the lessees under certain of the said leases, and such advances could not lawfully be made except to lessees from the Crown: And whereas it is desirable to vest the said lands in the Crown, and also to validate the said leases and advances-Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

short title. 1, This Act may be cited as " The Wallaroo Railway Lands

Act, 1912."

Lands revested in

the Crown.	2, All the said lands are hereby, from the passing of this Act, absolutely vested in the Crown as Crown lands for all purposes, subject, nevertheless, to all leases over the said lands or any of them which have been granted by the said Railways Commissioners or Commissioner or by or on behalf of the Crown and are now existing.
have been granted

Leasea deemed to 3, (1) The leases granted as aforesaid by or on behalf of the

the Crown shall, as regards all matters arising or existing and all things

Commiaai~?rand

validated.	done before the passing of this Act, except the matters and things mentioned in section 5 hereof, be deemed to have been granted by the said Railways Commissioners or Commissioner.
(S) The leases granted as aforesaid by the said Railways Com- missioners or Commissioner, and the leases hereby deemed to have been granted by them or him, and (subject to section 5 hereof) all matters and things heretofore arising, existing, or done since the granting thereof respectively, shall be as valid and be deemed to have been as valid as if the said Railways Commissioners or Com-
leases in perpetuity. missioner (as the case may be) had at the time power to grant

Leases hereafter	4, From the passing of	this Act all the leases granted as afore-
deemed to be Crown

leases.	said, whether by or on behalf of the Crown or by the said Railways Commissioners or Commissioner, shall be deemed to be leases granted by the Crown.
A d v a n c e a l i d '	5, Any advances under "The Blockholders Loans Act" or under Division VI. of' Part IX. of The Crown Lands Act, 1903," made to the lessees under any of the said leases, and all matters and things arising, existing, or done in connection with such advances, shall be as valid and be deemed to have been as valid as if such leases had been perpetual leases from the Crown under Part VII.
No. 444 of 1888.	of The Crown Lands Act, 1888," or Part IX. of " The Crown
NO. 830 of 1903.	Lands Act, 1903."
be cancelled and other

certificate of title to 6, ( l ) The Registrar-General of Deeds shall cancel the certificate

of title of the said lands and the duplicate thereof by making an ea try

or

3' GEORGI1: V, No. 1085.

The Wallaroo Railway Lands Act.-1912.

or indorsement thereon as follows :-U Cancelled, the within land n e c q entries to

having been acquired by the Crown," and shall sign such indorsement. ~ ~, , k.	be made in Register
Thereafter the said lands shall, for the pnrposes of "The Real

Property Act, 1886," and until again alienated from the Crown, be NO.	380	1886.
dealt with and regarded in all respects as if they had never been alienated from the Crown.
(2) The said Railways Commissioner shall deliver the duplicate certificate of title of the said lands to the said Registrar-General for the purposes of subsection (1) of this section.
(3) The Registrar-General of Deeds shall make any other entry in anv Register Book which may be necessary or proper to evidence the v&ng of the said lands in the Crown, and shall also make any other entries in any Register Books, and also on any leases and other instruments, which may be necessary or proper for giving effect to the provisions of this Act.

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

this Bill.

DAY H. BOSANQUET, Governor.

THE

3' GEORGII V, No. 1085.

The WalZaroo Railway Lands Act.-1912.

THE SCHEDULE.

Those pieces of land situated in the hundred of Wallaroo, county of Daly, being sections 336, containing 46 acres or thereabouts; 338, containing 81 acres or there- abouts; 311, containing 55 acres or thereabouts; 343, containing 34 acres or there- abouts; 344, containing 30 acres or thereabouts; and portions of section 337, con- taining together 137 actes 3 roods and 12 perches 01. thereabouts; which said pieces

of land are more particularly delineated and bounded as appears in the plan indorsed

on certificate of title, registered in the Lands Titles Registration Office at Adelaide, volume 753, folio 1 7, and thereon margined green, and are portion of the lands com- prised in the said certificate, and are portion of the lands formerly comprised in the

certificate of title, since cancelled, volume c c ~ x x v. , folio 126.

Addaide : By authority, R. E. E. Boosm, Govenrment Printer, North Terrace.