Waste Lands Act 1858 (SA)

ANKO VICESIMO SECUNDO

An Act to antend the " JVnste Lands Act."

[Assented to, 24th December, 1858. ]

HEREAS it is expedient tn amend the Waste Lands Act in bv the Governor-in-Chief of the Province of South Australia, with	'W the manner hrrcinaftcr provided-Be it thercforc Enacted,
t6e advice and consent of the Legislative Council and ~ o & e of Assembly of the said Province, in this present Parliament asscmbled, as follows:

1. Anything in the said Act to the contrary notwithstanding, it Certain annual lsaeea

shall be lawful for the Governor, if he shall think fit, whenever any outauction.

may be granted with-

lease for pastoral purposes shall have been determined by reason of the land thereby demised having been included in any Hundred, to grant annual leases for pastoral purposes of the land demised by such lease to the former lessee thereof, or his assigns, during the residnc of the term by such leasc granted, without such land having been first offered to be let to the pcrson bidding the highest rent for the same at public auction: Provided that every such annual lease shall be subject to the rights of commonage of purchasers of land within such Hundred as the same now exist, or may from time to time be declared by any regulations to be issued under authority of this or the beforementioned Act.

2. If any pcrson shall bc in the unlawful occupation of any of Justiccsmaydis- posacss nersons

the-wasteg&of _t1_15Cr0E1 in the said Province, or in the occu- dawh;llY

owuming

pation of any such lands in virtue or under color of any demise or waste lands.

iicence, although such demise or liccnce sl-m11 have been iorfeited, or

although the conditions thereof shall have been broken or unful-

filled, or although such demise or liceilce shall have expired by

w z effluxion

effluxion of time or otherwise, it shall be lawful for any two or more Justices of the Peace for the said Province, upon the inforniation of the Commissioner of Crown Lands and Immigration, or of any person authorized by him in that behalf, to hear and determine in a summary way the matter of such information, and to issue a warrant, under their hands and seals, directed to some one or more constable or constables, authorizing or directing him or them to dispossess and remove any such person from such waste lands as he shall be so in the occupation of, as aforesaid.

Penalties for the un-	S. Any person, unless claiming under a sale or d e m i ~	from Her
authorized occupation

and nse of Crown

Majesty, or from some person acting in the name and on behalf of

Lands, and making

false declarntion of

Her Majesty, who shall be found unlawf~dly occupying any waste

commonage.

lands of the Crown in the said Province, either by residin-

erecting any hut or building thereon, or by clearing, enclosing, or

cultivating any part, or who may or shall knowingly make any false

declaration with regard to commonages in Hundreds, or who shall un-

lawfully depasture any cattle on such land, shall be liable, on convic-

tion thereof, to the penalties following: that is to say-for thc first

offence, a sum not exceeding Ten Pounds; for the second offence, a

sum not exceeding Twenty Pounds, nor less than Ten Pounds; and

for the third or any subsequent offence, a sum not exceeding Fifty

Pounds, nor less than Twenty Pounds: Provided always, that no

information shall be laid for any second or subsequent offence until

the expiration of fourteen- clear days from the date of the previous

conviction.

Governor may make

regulations affecting 4. It shall bc lawful for the Governor, by and with the advice

\ defining the issue of the Executive Council, by proclamation published in thc 6'0th

of depastnring! gold, Az&ralian	Government Gazette, to make, vary, and alter such
timber, and mlneral

licences.

orders and regulations as to him shall seem meet, for the purpose of annually determining the number and clescription of cattle to be depastured on the commons of any Hundred, and apportioning the common of pasturage among the occupiers, and protecting them in

vary, and alter, regulations affecting the issue of gold, timber, and the enjoyment of the same; and also, from time to time, to make, mineral licences; whkh orders and regulations, when so proclaimed

and publidled in the Government Gazette, shall have the force and

effect of law.

Governor mny fix

higher upset price for

5. It shall be lawful for the Governor to distinguish as suburban either of any existing township especially named and described, or of any locality designated as the site of any township to be thereon erected, and to fix as the upset price of such suburban land, a price higher than the lowest upset price of Waste Lands within the said Province.

oubmban land than

land any land offered for sale which is situate within such distance

the lowest upset price

fixed for Wasto ~ a n d s.

as the Surveyor-General may deem necessary, from thc nearest limit,

cOmmencemcnt

A C ~. 6. This Act shall take effect from the passing thereof.

P P

Adelaide; Printcd by authority by W. C. Cox