Waste Lands Act 1857 (SA)

VICTORIB REGINB.

A n Act .for regulntin y tile Sale ar1.l other &syosal of Wcste Lands

helon9i& to the Crown in South ~ t c s t r d i a.

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[Asscntrd to, 19th November, 185'7.1 g- +Cr5-## j,? L. --- .L

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W HEREAS, by virtuc of' tllc provisions of an Act of the Im- p reamblk.

perial Parlrlidmcnt, passed in the session of Parliament holden 4' ' K - --- .--a-

years of t lx Reign of Her Miijje~ty m----- 5; .+ $ /L[; W-&-

the Acts of Pal-limicnt thereto- A .

of tllc \Vast~ Lands of the Ckown in the Province of South Auatralia are repealed, and it is lawful for the Legislature of the said I'roviilce to make laws for regulatin the sale and other disposal of the -_ Waste _ _ _ _. ___._I- L ~ I L ~ S of the

d e r e i n, ~d the d i i & ~ s T 6 t T; c p r o c c e d m i n g --P therefrom,

k& so as that no such law shall affect, or bc construed to affect, any

contract, or extend to prevent the fulfilment of any promise or engagement, lawfully made by or on behalf of Her Majesty, bc-

f&i&e-rg~eal of the said Acts: And cvhercas it is expcdieutTo .--

make provismr for the. a d othcr d l o s a l of the \Vastq

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Lands of the Crown wi aid Province, and for the disposal

of the proceeds arisin om-Be it tj~erefor? filmtcd byth6

G overnor-m-C h i d of ce of South Australia, with the advice and consent of tlie Legislatiw Council and House of Assembly of thc said Yrovincr, in this prcscnt l'arliamcnt ttsse~nbled, tts follows:

l. All thc T'li'astc Lands of the C'rown, within th_e said Yrovince, Waste L a n b of the

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- - Crown to bc disposed

shall bc disposed of in the manner and-=ig %thrregula- ,,faccordmgto tl,is

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tions herein provided, and not otherwise. *

2. The \lTaste Lands of thc Crown in the said Province shall not, S o t to be alienated except by sale in the

=ve as hereinafter is excepted, alicnatet by Her hereinafter

E ,Ilajesty, prcecribod-

M$esty, or by any person or persons acting on the behalf or under the authority of Her &Iajestj-, cither .in fee simple or f'or any lcss

estate ur interest, U L S such conveyance or alienation be &e by r ---,

way of nor unless siich sales be conclncted In the manncr'and

according t u the regnlations hereinafter prescribcil.

Exception of lands

required for public 3. Nothing in this Act contained sllsll extend to prcvcnt the

purpom.	G overnor, with the aclvicc and consent of the Ik t*cu tive (I'otulcil, in
thc name and on bchalf of l l c r hlajesty, from excepting froin
sale, and either reserving to I lcr Majc~ty, her Heirs, and successors, or disposing of in mcll other inannCr ils fur the pliblic interests may seem best, such lands as rnay be rcquirctl for public roads or o t h ~ r
internal communications, whether by land or water, or for the use or benefit of the aboriginal inhabitants of tlrc country, or for purposes of military defence, or as the sites of schools or other pnhlic build- ings, not being intended for ecclcsinsticd purpose!, or as places for
the intei-&nt of the dcail, or rrlacr~ for the recreation and ainusement
of thc i ~ h a b i t m t s of any towu or village, or as the sites of public quays or landing places on the sea-coast or shores of navigable streams, or for any other purpose of public safety, convenience, health, or errjnq~nent:
And provided also that nothing in this i l ~ t contained shall cxtcntl to prevent Her Majesty, or any person or persons acting on hcr bclhalf or under the authority of 11cr Majesty, from fulfilling ;my promise or
engagement, made before the rcpcalof the said Acts, by or onthcbellalf
of IIer Majesty, in fwor of any military or n n n l scttlcrs in the said Province, in pursuance of any regulations made by IIer &'ajestyis authority in f'avor of, or f'or tliv bcnefit of, any such scttlers.
Lands to Le surwyed

bifure old. 4. Save as hereinafter is cxcqtr t i in ref(wmce fa lancls rcqnircd

for jxistoral p ~ ~ r p o w s, no Waste 1,a~& of the Crown in the said

Province shall be so conVGec1 or alicnat_d ns aforesaid until the same *-

sl~all have been survcvccl and sdall have been delineated 111 tllc uublic maps in the ~ f f i c m Surreyor-Giencml, in m d l lots as shall l;e sub-

sequently off~recl a d put up for s&, which lots shall in no casc, save as

aforesaid, contain 3x1 a rm escoecling six l~undred and forty acres.

5, TTilder and sihject to the varions p r o x i s i ~ m n d regulatkns lrerc-

inafrcr contained, the ~ " o v m m r is her-ntholizcd and s q u i r +

in the name and on t h e f	of I icr Majesty, to coxit-q and
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a w A . & e s i q d e or i%r any less estate or interest, to thc ' m u - +

chaser or rmrchaSrs thereof, anv JTTaste Lands of the ,rown, in *

theBiid P 6 ? i < c w 1 conreymccs and dimations s l d l bc m&

j in such forms as shall from t inx to' time be dccmed expedi~; i f6~

(, the Governor with the advice ancl conscnt of the Executive Council,

- Y J C ~ : @h&. be scaled 1 ' thc public sral of the said Province, and \ bcing s@e and s Z d shall ~ ~ ~ ~ iii The law, to ~ ~ ~ t u a l

\transfer to and%%& in possessiori.7li any such purchaser or-pur-

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bi-y~ j chasers any such lands as aforcsirid, for any such estate or interest as

' h y any such convrynncc as aforesaid shall Ge granted to him, her, or

them.

6. Save

6. Saw as hcreinaft~cr is excepted i n reference to lands required for pastoral pwposes, all Waste Lands of the Crown, within the said I'rovincc, beforc being so alienttcd or conveyed us aforesaid, shall be offerecl for sale by public auction, and the times and places at which such awtions will t ~ c holdcn, and what arc the lmds to bc offered for sale at each of such auctio&, shall be declared with all practicable certainty by notice in the South AustraZtictn Govewzment Gctxette not less than one month nor more than three months before the day of holdirig such auction.

h l c * by

a t ice thereof.

nuction, and

The lnnds offcrcd for

7. Tn cvery such notice as nfo~csaid the lnnds specified therein as salc to be dibtinguishd

n11out to be offered for sale, shall be distinguished into town lots and	into town and country
colintry lots; and within the town lots shall be comprised all lands	lots.
situate within the limits of any existing town to be in that behalf ~:spwi;tlly narrletl and describ&l by the Governor, or within any locality to be designated by the Governor as the site of any town to be thcrc~n ~ructetl; and within the country lots shall be comprised a11 other land.;: I'rovidccl, nevertheless, that nothing horein con- taincd sllitll rxtcntl to prcveut the putting up for sale of lands of cithcr of thc said classes apart from lands of the other class.
8. Konc of the Wastc 1,nnds of the Crown within the said Province sl15lll be soltl in fee simple at any such auction, unlcss thc sum of One	Lowcst upset price.
S'ound, ;,t thc I~as t, for m c h ack of land be then and there offered for thc same, nllich sum uf Oilc l'ouilct per acre shall be the lowest upset
1~'.ee of any of the \Vuste I,a11(1s of the Crown in the said Province.
The Governor may

9. I11 respect of any p a ~ t of tlw rountry lots offered for sale at any name a diifcrcnt upsot

such t~uctious	as aforesaid, upon which iniprovements may have been	price for the special
coi~ntry lots and town

1;t~vfidly n~ncle, it sllall be lawful for the Gavernor, by any such	lots.
notice as aforesaid, to ilame an u p c t price higher than the lowest upset pricc of Waste Tmids in the said Province, and such ex- c ~ p t d lunch shall be designated ns " Spccial Country l h s ;" and in rcqect of any town lots, it shall be lawful for the Governor to fix the ups& price of any such lots at i l n ~ sum exceeding the lowest upset price	of Waste I a d s within tllc said Province, and from time to time to	mist. or lurtcr, i t s to him m:lg secm requisite for the public interests,
the price of such town lots, so always that such upset pricc shall
always escprtl the lowcst upset p i c e of Waste Ilstrlds within the
said Province.

10. No town lots shall bc sold otherwise than by public auction, What lands mav and W may not t c sold'other-

but any country lots may be sold by the Governor by private con- ,,,,than

by public

tract, if the same shall'first haw been put up to public auction in lrlanner aforesaid, and shiill not have been sold at such auction: Provided that no such land shall be sold by any such private contract for less than the upset pricc: a t which the same was last put up for sde by auction, or if any bidding above that price was made for the same 'at nwh laqt prcctding auction, then at less than the amount of snch bidcling: Provided also, that nothing herein contained shall

prc~cnt any such land ns last nforc.;rtitl, from being withdrawn from

salc

sale by private contract and again offered for sale by public auction

in the same rnFsner as other country lots not previously offered

for sale.

11. No Waste Lands of the Crown witlliri the said Provincc shall bc sold by any such private contract as aforesaid, except for wady money, to be paid at the making of such contract; and no such Waste Lands shall be sold at any such public auction as aforesaid, unless on condition of the purchaser's paying at the time of the sale, in ready money a deposit of, at least, T w ~ n t y Yourlds per cent. of the purchase money, and of paying the residue of such purchase irmiey witlrirl one calendar month next after the time of such salc by auction, and in case of the failure of such purchaser to pay the residuf of such purchase money, witliin such one calmdar month, the deposit shall be forfeited, and the sale of the said lands shall be null a i d void.

Pasture l o w s be

granted t o discavcrcr,

12, And whereas, in order to encourage the dewlopment of the yas- tord resourcm of the said I'rovince, it is expedient that the discoverer or first occupier of Waste I,nnrls thereof should be pwmit td to occupy such laiids fbr a limited period for pstoral purposes, subject to the regulationshereinafter provided for, be it further Enacted, That it shall be lawful for the Governor to demise, for any period not exceeding Sourteen years, for pastoral purposrs, to the discoverer or first occu- pier of the same, any such Waste Lands as aforesaid, without pre- viously offering the same for sale by public auction, and to reserve i11 any such demise such rent or pecuniary or other service, and to insert therein such conditions and clauses of forfeiture and of resumptiou as shall be prescribed by any wgulations hereinafter authorized to be made touching the said Waste Luncis of the C'sown demised for pas- toral purposes: Provided that, if anv such dclnise shall torrnirlate either by effluxion of time or othmrwisc, the land comprised therein shall not be rcllet for pastoral purposes, without the same having bccn first oRered to be let to the person bidding the Iliglwst rent for the sam- at public auction.

or first occupier.

Mineral leases, 13. I t shall be la~vf i~l for the Governor to demise, for the purposes

of mining for any metal or mineral excepting gold, to any persod applying for the same, any portion of the waste lands of the Crown within the said Province, hot exceeding eighty acres, for any period not exceeding fourteen years, at an annual rent of Ten Shillings per acre, with right of renewal for a further period of fourteen years by pdyn~ent of a fine, the amount of which shall not be less than One Pound per acre of the area so leased, subject to such regulations for the granting of such leases and for the working ancl resuinytion of the same, as may from time to time be in that respect made by the Governor, with the advice and consent of the Executive Council, and pul~lished in the $outh Australian Gover?ment Guzette : Provided

that ;lathing herein conkdined shdl be co~istrued to interfere with

any heretofore made by or on behalf' of IIer Majestv, either absolutely or conditionally, relative to the granting of ieases of auriferous ktntls.

14. It

14. I t shall be l a w f ~ ~ l for the Ciovernor, with the advice and regulations.

consent of thc Executive Council? from time to time, to madw, wry, and alter regulations respecting the terms and conditions upon which lcases of lnnd As11 be granted for pastoral yurposcs, arid rcspectiilg a11 matters ancl tllings necessary to give effect to the same, alld evtlr.y sac11 rewlatioil, when publidled in the South

~lrtstralian Go co-~uwlt &cf te, shdl 1 ~ ~ X law. e ~ f

15. A copy of all regulations nlatle uncllcr the mthority of this R~@tionu tt, bt. laid

.4ct slixll hc lai&hforc%e Parliament within fourteen d a ~ s from b'fOr'

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the ublidtion ther&f Tf the Parlimoiit ~ ] l a d &i*&n sitting, a i d if

t i w L r i i a ~ ~ n t ' s h a l l not bc then sitting, then within - fourteen -- days

from its nthxt sitting for the tlispatrh of bnsincss, I -.--

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16. Nothing herein rontsinrtl sllall prevent the Governor, with MXICIXI nut~ timbrr

such ad\-ice and conscnt as aforesaid, fiom krmting to any per- liccnccs. / / - , /;: -.,. / 2 2

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son. for any prriod not cxcsctling twcl, c cnlenciar montlis, a licciicc , ;-l( , +! 6---. 17 - .

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to search for and remove gold, or other metals, and materials on and	/
fi.on the \FTaste Tiirt lds of the Crown within the said Provinecl, or to cut, fell, ancl remove any timber growing upo11 the unsurvey-ed

p ~ t i o ~ ~ s t l ~ ' r ~ w f.

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tracted to be wranted to any r ) ~ r s o ~ ~ * o r 1 1 c i. s ~ ~ in fec siUlplc4 or for

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an estate of trcehold, or3or a t ancI%hich have not

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becn dciticnted and sct npa1.t for. - -- --

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18. Nothing herein contained slid1 offwt or be construed to affect Itlglita mdcr bsialing -LLcJ 5 ,,

contracts saved.

any contract, or to prevent the finlfilrrlent of any prornise, or H'r 4 ~. C&

engagement, made by or on thc 1)clialf of Her Majesty with respect pq S L -

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to any lands situatr in the said Province, in cnscs wllere such t-x,~ . d /L& - -'"c

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contracts, prorniscs, or cii~ra~rcmcnts S i " shall have been lawfully made

before the rel~eal of tlrc said Acts heretofore rpgulating the disposal

of the Waste 1,nnds of the Crown within the said Province.

19. All moneys rcccived on mcount or in respect of the saicl Waste $;v:$$;:;;;;

Lands of the Crown, whether as purchase nlorrey, rent, licence fees, or otherwise, shall be paid to thc Trcasurcr on account of the General Public Revenue of the said Frovince.

20. In referring to this Act, i t shall be sufficient to make use of &iho*titlc,

the expression The Waste Lands Act."

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Adelaide : Printed by authority, by W. C. Cox, Government Printer, Victoria-square.

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