Waste Lands Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

VICTORIE REGIN&.

A.D. 1874,

No. 22.

An Act to Amend The Waste Lands Alienation Act, 1872."

[Assented to, 6th November, 1874.1

HEREAS it is expedient to amend "The Waste Lands Preamble.

Alienation Act, 1872"-BC it therefore Enacted by the Governor of the Province of South Australia, with the advice and

.

colisent of the Lcgislativc Council and House of Assembly of the

said Province, in this present Parliament assembled, as follows:

Definition of Waste Lands:

1. From and after the passing of this Act, the definition of the Definitionof <'Wask

term Waste Lands," as set forth in section 2 of " The Waste Lands."

Lands Alienation Act, 1872," shall be read and have effect as if the words "situated south of the twenty-sixth pardlel of south latitude" were therein inserted in lieu and instead of the words "and situated south of the line defined and described in the First Schedule hereto,"

in the second and third lines of the paragraph defining the said

term: And the said First Schedule to the said last-mentioned Act is hereby repealed, saving all rights and liabilities accrued or incurred by reason of the definition hereby altered.

Definition of Suburban Lands:

2. From and after the passing of this Act, the definition of the arb~aeaaeanition of

term Suburban Lands," as set forth in section 2 of " The Waste Lands Alienation Act, 1872," shall be and the same is hereby repealed; and in lieu and instead thereof the term " Suburban Lands" shall mean and include all surveyed waste lands situated within two miles from the outer boundary of any town or township lands, or any lands reserved for the purposes of a town

MM or

180 37O & $38" VICTORIB, No. 22.

me Waste Lands Alienation Amendment Act, 1874,

or township, whether surveyed or unsurveyed, or within two miles of the outer boundary of the Park Lands (if any) surrounding or adjoining any such town or township lands, or lands reserved for the purposes of a town or township, whether surveyed or unsur- veyed, which may, by notice in the Government ~ a z e t t e; be declared to be suburban lands: Provided that waste lands before being surveyed may be set apart for the purpose of thereafter being declared suburban lands: Provided also that no section of suburban lands shall contain a larger area than forty acres: And provided that the repeal of the definition of the term suburban lands" as contained in the said Act shall in nowise prejudice or affect any rights or liabilities accrued or incurred thereunder.

Agreeme& may be 3. Any selector may at any time apply to the Commissioner, in writing, for permission to surrender his agreement, and if the Commissioner is satisfied that the sclcction under such agreement was made bonrifide, for the purpose of c~dtivation, and not in any way for the purpose of infringing or evading the provisions of this Act or "The Waste Lands Alienation Act, 1872," the Governor may allow such selector, upon forfeiting any money paid by him under such agreement, to give up his copy of such agreement, which shall he forthwith cancelled, and thereupon

h -	surrendered in certain
CUBB.

thc land mentioned in such agreement shall bc aguin pzettcd as

open for selection, and such selector shall be entitled to make any other selection in the same manner as if such agreement had never existed.

Condition ofcultive-	4. Where, by reason of the time of year at which any selection circumstances, it shall be shown to thc satisfaction of the Commis- sioner that it would be impossible to comply with, or would inflict great hardship upon, the selector to enforce thc condition in his
in certain caaea.	is made, or the quality of the land selected, or any other special
agreement which provides that he shall plough and have under cultivation during every year at least one-fifth of the land, but in
thc cvcnt of his being unable to cultivate one-fifth during the first year he shall during the next year cultivate at least two-fifths; thcn, and upon being satisfied that the selector has taken up the land bond fide and for the purpose of cultivation the Commissioncr may, by a written permission, so relax the provision as to cultivation as to make the ploughing and cultivation of one-fifth of the land during the first two years a sufficient compliance with the coniiitions of the agreement in reference to cultivation: Provided that no such permission shall be given as to lands selected after the passing of this Act unless the same is applied for within six months from the date of the agreement.

tion may be relaxed

Incorporation:

Incorporation. 5. This Act, and The Waste Lands Alienation Act, 1872," shall

be incorporated and be read and construed together accordingly*

- 37" & 38" VICTORIB, No. 22,

The JVaste Lands Alienation Ame~dment Act, 1874.

Withdrawal of Lands:

6. The Commissioner from time to time, if he shall think fit, C?mmissioner may

may withdraw from selection, sale, or leasing, any waste lands, withdraw lands.

either temporarily or permanently, and any waste lands so with-

drawn shall not again be offered for selection, sale, or lcasing,

respectively pursuant to " The Waste Lands Alienation Act, 1872,"

until they shall have been readvertised for one calendar month in

the Govermzent Gazette as open for selection, sale, or lcasing, as the

case may be: Provided that the period of time during which such

lands shall be so withdrawn shall not be reckoned in any com-

putation of time which may affect the period at which such lands

may be dealt with.

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

this Bill.

A. MUSGRAVE, Governor.

Adelaide : By Authority, W, C. Cox, Government Printer, Nortbterrace.