Waste Lands Act 1868 (SA)

ANNO TRICESIMO SECUNDO

VICTORIA3 REGINE.

No. 11.

Azz Act to Remove Doubts as to the Validity of Leases of the Waste

Lawds of the Crown for Mineral Purposes heretofore granted,

and for other purposes.

[Assented, to 30th January, 1869.1

AS doubts have arisen as to the validity of leases of Przamble.

WHERE by the Governor, and purporting to be made under the provisions of the waste lands of the Crown for mineral purposes made	the Act of the Governor and Legislative Council and ITouse of
Assembly of the Province of South Australia, No. 5 of one thousand eight hundred and fifty-seven, intitulcd An Act for regulating the sale and other disposal of waste lands belonging
to the Crown in South Australia," and of another Act of the Governor and Legislative Council and House of Assembly of the.
said Provincc, called " The Mineral Leases Act, 3 862," and of another Act of the Governor and Legislative Council and House of Assembly of the said Provincc, called The Mineral Leases Act, 1867 ;" and doubts having also arisen as to the construc- tion of the words " waste lands of the Crown," so far as the same relate to leases for mineral purposes, and it is desirable that such doubts should be removed-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

N

I. Every lease of the waste lands of the Crown for mineral Certninlesaesof wastc lands for

purposes granted by the Governor after the said Act, The purpoaea de-

Waste Lands Act," came into operation, and before the repeal clared to be wlid.

of

40 32O VICTORIB, No. 11.

Mineral Leases Validating Act.-1 868-9.

of the thirteenth clause thereof, fir no more than eighty acres;

1

and every lease granted as aforesaid after the " Mineral Leases

Act, 1862," came into operation, and before the repeal thereof,

l

for no more than three hundred and twenty acres; a d every

lease heretofore granted as aforesaid since the "Mineral Leases

Act, 1867," came into operation, for no more thsn six hundred

I

and forty acres, shall be, and be deemed to have been from the granting thcreof, valid and effectual as a demise of the said lands for mineral purposes under the said Acts respectively, although the lessee or lessees, or one or more of such lessees, to whom such lease may have been granted, may have had granted to him, her, or them, before such lease was made, or conternporant_.ously therewith, any other lease or leases for mineral purposes; and although the said lessee or lessees, or one or more of such lessees, may at the time of the granting of such lease have been the lessee or lessees of waste lands of the Crown for mineral purposes under original lease or leases from the Governor, or under any assign- ment or assignments of any lease or lcases from the Governor, or partly as original lessee and partly as assignee, of a larger number than eighty acrcs, or three hundred and twenty acrcs, or six hundred and forty acrcs respectivcly; and although the said lease, or the lands comprised thcrein may vot, bcfore the making thcrcof, have bccn offered for sale by public acction in fee simple, or for any less estate or intcrcst; and although no rcgulations for resumption or otherwise may have been made before the said lease was granted; and notwithstanding any error or defect in any proceeding which, by the silid Acts respectively, or by any regulations made under the said Acts, or any or either of them, is required or directed to be done; and notwithstanding any omission to comply with any provision in the said Acts, or either of them, or with any regulation requiring or directing any act to be done as a preliminary to the grant of such lease: Provided that nothing in this Act contained s11all be decmecl to validate ally lease

means of fraud: Provided also that this Act shall not prejudice

or leases for mineral purposes which has or have been obtained by

or affect any action, suit, or proceeding now depending in any

Court of the said Province or clscmhere.

Amendment of

Section 17 of l vaste 2. The wards " or for a term of years," in Section 17 of the said

Landa	A C ~:	" The Waste Lands Act " are hereby repealed, and shall be deemed
to have been repealed from the date of the passing of the said Act: Provided that the validity of any lease for mineral purposes here- tofore or hereafter granted shall not be affected by this provision.

In the name and on behalf of the Queen I hereby assent to

this Act.

F. G. HAMLEY, Governor.

-

Adelaide: By authority, W, C, Cox, Government Prniter, North-krrace.