Woods and Forests Act 1882 (SA)

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ANNO QUADRAGESTMO QUINTO ET QUADRAGESIMO

SEXTO

VICTOR B REGPNE.

A.

D. 1882.

No. 252.

The Woods and Poorests Act, 1882.

ANALYSIS.

PREIJNINARY.

PART V.

1. Short Title.

2. Division of Act into parts.

10. I,enses for other than mineral purposes to Le

oKered at auction.

PART I.

20. Terms and conditionx of such lenses.

REPEAL.

21. Govemor may resume leased lands.

3. Repeal.

22. Compensation payable on resumption.

4. Saving clause.

23. Mineral lenses.

--

24. Bcturns to be delivered.

PART 11.

25. Covenants and conditions of mineral lease.

YOWElW UP CODIMIPSIONEIL O F FOREST LANDS.

26. Gold-mining leases.

27.

Penalties for non-payment of rent on duo dates.

6. Forest Board to cease to exist.

28.

Commissior~er

~ n n y

acccpt surrenders of leases.

B. Commissioner of Crown Lands to be Con:-

An

missioner of, and have control over, forest

reserves.

7. Commissioner may grant licences for quar-

rying, &c.

OBFXIiAL I'ROVISIONY, PENALTIES, AND LBQAL

8. Fees on stock depasturing on forest reserves.

PIIOCEDCRE

29. Governor may appoint and remove officers.

PART 111.

30. Governor may make regulations.

FOREST RESEEVES.

31. I'enaltieu for cutting timber, or removing

9. Forest reserves heretofore proclaimed to con-

sand, &G.

tinue forest reserves under this Act.

32. Owners of animals trespassing liable for

10. Governor mily proclaim forest reserves.

(lill~~agcs,

11. Governor may determine forest reserves.

33. Penalty for destroying or damaging trccs, &c.

34. l'cnalty

may be recovered

in a

s u t ~ ~ i i a r y

manner.

1'AnT IT.

35. Application of O of 18.50.

PROV16ION8 FOX ENCOUllAGINO THE PLANTING

36. Kon-payment of penalty.

O F FOREST TREES.

37. Appeal.

12. Governor may proclaim forest districts.

38. Local Court of Adelaide may state case for

13. Districts heretofore proclaimed to continue.

opinion of Supreme Court.

14. Persons planting trees entitled to order f u r ;E2

for every acre planted.

15. Order to be exercised within five years.

SCHEDULES.

16. Order may be offered for payment at @%rent

A. Foreet Reserves.

times.

B. Forest Districts.

17. One order only to issue for same land.

C. Regulations.

18. Planting of forest trccs by pastoritl lessees

D. Order for Payment for Planting.

to be held an improvement,

E. Return of Profits ander Mineral Leased.

The Woods and Forests Act.-1882,

*

An Act to repeal " The Forest Trees Act, I 878," and to

make other provisions in lieu thereof.

[Assented to, Nove~~ber

r 7th,

1882.1

Preamble.

HEREAS it is expedient to repeal G The Forest Trees Act, therefore Enacted by the Governor of the Province of South Aus-

W 1878," and to make other provisions in lieu thereof-Be it

tralia, with the advice and consent of the Legislative Council and the House of Assembly of thc said province, in this present Parlia-

ment assembled, as follows:

P R E ~ E I N A B Y.

-

PRELIMINARY.

Bhort Title.

1, This Act may be cited for all purposes as '' The Woods and

Forests Act, 1882."

Division of A C ~.

2,

This Act shall be divided into six parts, relating to the follow-

ing subject rnatters-

PART I.--Repeal,

sections 3 and 4:

PAET 11.-Powers

of Commissioiler of Forest Lands, sections 5

to 8:

PART

111,-Forest

Reserves, sections 9 to 11:

PART

IV.-Provisions for Encouraging the Planting of Forest

Trees, sections 12 to 18:

PART V.-Leases

of Forest Lands, sections 19 to 28:

PART

w.--General Provisions, Penalties, and Legal Procedure,

sections 29 to 38.

PART I.

REPEAL.

Bepeal

3.

The Forest Trees Act, 1878," is hereby repealed.

Saving clause.

4. Such repeal shall not (except as hereinafter provided) affect

any estate, right, interest, or liability created or existing under or by virtue of such repealed Act, and shall not prejudice or affect anything already lawfully done, or commenced or contracted to be done, under such Act, or under any existing regulations. And all proceedings, matters, and things lawfully had or done, and all declarations of forest districts, and all appointments and regulations made before the passing of this Act by, under, or in pursuance of the said repealed Act, shall (except as hereinafter provided) be of the same force and effect to all intents and purposes as if the said Act were still in force; and no proceeding which may at the t ime of

the

45' & 46" VICTORIE, No. 252.

3

The Woods and Forests Act.-1882.

the passing of this Act .be pending, or which may hereafter be a

PUT I*

instituted in respect of anything done or omitted to be done under the said repcaled Act or any regulation thereunder, shall be pre- judiced or affected, but shall be determined as if the said Act were

still in force.

PART 11.

PART

11.

POWERS OF COMMISSIONER OF FOREST LANDS.

5. The Forest Board of South Australia shall cease to exist, and p~:,""~

to cease

all powers, authorities, and privileges vested in or given to the said

Board shall cease and determine immediately after the passing hereof.

6. All estates vested in the Forest Board immediately prior to the ~ ~, ", ~ ! ~ ~ ~ ~ ~ ~,

passing hereof, shall vest in the C'ornmissioner of Crown Lands for Commissioner of, and

the pr&ince, and all deeds and corenants made and executed, and ~~~~~~$~~

all contracts entered into by or with the said Board, and all choses

in action which may arisc thercout, shall vest in and may be enforced

by and against the Commissioner of Crown Lands and Imrni-

B qation, who, and his successors in office, shall be a body cor-

porate, under the name or style of The Commissioner of Forest Lands," and by that name and stylc shall have perpetual succession, and be able and capable to sue and be sued, plead and bc implcaded, prosecute and inform in all Courts of law, whether civil or criminal, and in all Courts of equity, and to grant and receive and hold all lands, buildings, and other property, of whatsoever nature, dedicated to, or given up for the .purposes of, or in anywise belonging to the forest rcserves named in the Schedule hereto marked A, or hereafter to be reserved by Proclamation, unless any part thereof be diverted from such purpose by revocation in manner provided by this Act; and shall have and use as occasion may require a common seal, bearing the

impression of the Royal Arms of Enqland, and having inscribed .in

the margin thereof the words " The Commissioner of Forest Lands";

and may from time to time lease all lands, buildings, and other property, of whatsoever nature, held by such Commissioner of Forest Lands, or any part or parts of such buildings and propcrty, from year to year, or for any term not exceeding twenty-one years, in possession for such purposes and (where not otherwise provided for by this Act) on such terms and conditions as the said Commis- sioner may think fit. And the said Commissioner shall also have full power and authority to receive, pay, apply, and dispose of all such moneys as shall be annually granted for the purposes of this Act out of the public revenue of the said province, and to enter into all such contracts, and to do all such other acts, deeds, matters, or things as may be requisite or proper to be done for purchasing, exchanging, or otherwise collecting plants, seeds, implements, materials, botanical books, and works on forestry, or for erecting or completing fences, residences for any officers employed by the said Commissioner, and

other.

4 45' & 46" VICTORIW, No. 252.

The Woods arbd Forests Act, -1882.

PART

110

other buildings appertaining to the said forcst reserves, and for all such other purposes as the said Commissioner may deem necessary for carrying into effect the planting and preserving of forest trees in the said reserves. And the said Commissioner shall also have full power, with the consent of the Governor, to direct and order at what times, in what manner, and under what restrictions the public may visit the said reserves; and shall decide the conditions upon which spare plants and seeds may be exchanged, or sold, or given away.

Commissioner may

grant licences for

7. The said Commissioner may from time to time grant licences

quarrying, &c.

and make regulations for cutting and removing timber or bark, or for quarrying and removing stone, sand, or gravel, or for searching for and removing minerals and metals, or for any other purpose, from the whole or any part of any lands held by the said Commissioner under this Act, and may make such charges in respect of any such licences as may be fixed by regulation, and, when not so fixed, as he may think fit.

Fees onstock d e ~ a a -

8. The said Commissioner may levy such fees upon stock

turning on reserves.

depasturing on forest reserves as he by regulation shall from time

to time provide.

PART 111.

FOREST RESERVES.

$'or&

reserves herc-

9, The several forest reserves hcretoforc declttrcd and set forth

in the Schedule hereto innrked A shall continue to be and we hercbj

tofore

continue

pmrlaimed

forest re-

to

selves under this Act. declared to coil tinue forest reserves under this Act, notwithstanding

that portions or the whole of any such fvrest reserves are situated

within the boundaries of' any hundred in the said province,

Governor may pro-

IQ. The Governor may f ~ ~ m

time t o time, by Proclamation in the

resen-cS. Government Gazette, reserve any portion or portions of the waste

lands of the Crow11 as forest reserves of the said province.

Governormay deter-

11. The Governor may from time to time, by Proclamation in the

mine

reseryes.

Gove~nm

en t Gmettc, declare that any forcst reserve or part of any

forest reserve shall cease to be a forest reserve: Providcd always that no Proclamation determining any forest reserve or part of a forest reserve shall be issued until thirty days after a statement shall have been laid before Parliament setting forth the particulars intended to be inserted in such Proclamation.

PART

45O & 46' VICTORIJE, No. 252.

The Woods and Forests Act,-1882.

PART

I V.

PART

IF.

PROVISIONS FOR ENCOURAGING THE PLANTING

OF FOREST TREES.

the Government Gazetie, declae any part of the province defined claim forest districts.

12. The Governor may from time to time, by Yroclamation in aovemr may pm-

in such Proclamation to be a forcst district, and may, in such Proclamation, fix a day on which this part of this Act shall come into operation in such district.

13. Until any such Proclamation as aforesaid, the provisions of Districts heretofore

this part of this Act shall apply only to the districts hcretofore de- thue.

proclaimed to con-

clared, and which are set forth in the Schedule hereto marked B.

14. Any person who shall, in accordance with the regulations Perms planting trees

entitled to order for

contained in Schedule C to this Act, or any other regulations for the

for evcrp

any land, not less than five acres in extent and not being wastc lands

of the Crown, forcst trees of the description mentioned in any such

regulation, shall be entitled to receive an order in the form of the

.Schedule hereto marked D, which ordcr shall entitle such person to

the amount of Two Pounds for every acre so planted, such amount

to be credited to him on the purchase of any waste lands of the

time being in force under this Act, plant, transplant, or grow upon planted- received in payment of the interest of thc purchasemoney, if selected on credit, or in payment of any rent due to the Government, but subject in every other respect to the laws and regulations for the time being in force regulating the sale and disposal of the waste

lands of

the Crown: Provided that the said Commissioner inay c o n ~ o u s

required.

refuse to grant any such order unless it shall be shown to his satisfaction that the land in respect of which such order is sought has been devotcd to no other purpose (except to the purpose of gardening) than that of producing forest trees fbr at least two years, and that the trees on such lands are in a vigorous and healthy

condition, and that the land is securely fenced in against shcep and

cattle.

15. Evcry such order shall bc transferable, and shall be exercised Order to bo exer-

C ~ R C ~

within fivo

within five years from the date thereof, and if not exercised within ,,,.

such period shall be absolutely null and void.

16, I t sliall be lawful for the holdcr of any order, if the sum of money named therein exceed Fifty Founds, but not otherwise, to ~

Ordor may be offered

&

~

~

~

~

~

~

~

~

t

exercise such right wholly at one time, or from time to time (before the expiration of the period aforesaid), and to purchase under such order land, in one parcel or in more parcels than one; and when- ever such order, whatever the amount thereof may be, shall be exercised by the purchase or selection of any such land as aforesaid,

the holder of such order shall at any time, when under the law in

force regulating the sale of such lands he would be bound to pay any deposit, interest, rent, or purchase-money? if such purchase had

been

6 4 5 O & 46" VICTORIE, No. 252.

The Woods and Forests Act.-1882.

PART IV,,

been made under such law done, and not under this Act, produce such order to the person to whom such deposit, interest, rent, or pur- chase-money may be payable; and such person shall thereupon note, by indorsement on such order, the sum of money which would be payable by such holder as such deposit, interest, ient, or purchase- money as aforesaid, and shall also give to the holder of' the order a receipt or certificate in the like form and to the like effect as such holder would be entitled to receive if he had paid in cash the sum so indorsed; and such receipt or certificate shall have the same force and effect as if the holder of such certificate had paid such sum so indorsed as aforesaid: Provided, however, that when the order has been fully exercised it shall be given up to the Treasurer.

One order only to

17. No person shall be entitled to an order in respect of any land

iasue for same land.

for which an order haa, at the time of application, already bccn

given.

Planting of forest

trees by pastoral

18, Any person holding a lease from the Crown for pastoral pur-

lessees to be held an

poses may give written notice to the Commissioner of Crown Lands

improvement

.

that he wishes to sow, plant, or transplant forest trees on any tract of land not being less than twenty acres, on the land held by him on lease, and shall, in such notice, define the number of trees on each acre, and the description of trees which he intends to sow? plant, or transplant, and state the amount of compensation which he expects in case of resumption; and if no objcctian is raised by the Commis- sioncr within six months after the giving of such notice, all trees sown, planted, or transplanted in pursuance of any such notice which shall at the time of resumption be in a vigorous and healthy state, at least ten feet high, and securcly fenced against sheep and cattle, shall be an improvement for which compensation shall be given if such land is resumed: Provided that in no case more than Two Pounds shall be paid for every acre sown, planted, transplanted, and resumed.

PART V.

LEASES OF FOREST LANDS.

Leases for other than

mineral purposeiea to

19, The right to any lease of land under this Act for other than

offered at auction.

mineral purposes shall be offered for sale by public auction, at such upset price per acre per annum as the Commissiorler shall in cach case direct; and the person to whom such lcasc shall be granted shall be the person who at such auction shall offer the highest sum above the upset price for the annual rent of the land intended to be comprised in such lcase. Notice of the time and place at which such auction will be held, and of what lands are to be offered thereat, and the purposes for which such lands are to be let, shall be given by advertisement in the Government Gazette, published not less than one nor more than three calendar months before the day of holding such auction, but the Commissioner may at any time postpone or adjourn any such advertised sale.

20,

Every

45' & 46" VICTORIJE, No. 252.

The Woods and Forests Act,-1882.

20. Every such lcase shall bc for such term, not exceeding twenty-ope years in possession, as the Commissioner may determine, Terms and conditions

P A I W ~.

and shall be granted for the purposes stated in the notice of sale, and

such leases.

shall contain-covenants by the lessee to pay the rent thereby reserved half-yearly in advance; to destroy Bathurst bur and all other noxious weeds, and also to destroy all animals required to be destroyed by law; to pay all rates and taxes levied, imposed, or assessed upon the land demised, or upon the landlord or tenant in respect thereof; to repair and keep in repair a11 buildings, erections, and fences built, erected, or being upon the said land during the term of the lease, and the same so repaired and kept in repair to yield and deliver up at the end or other sooner determination of the lease, and not to assign, sublct, or part with thc possession of all or any part of the demised premises without the previous conscnt in writing of the Commis- sioner; and shall also contain a proviso for forfeiture on breach or non-observance of any of the covenants therein contained, and such other covenants, terms, and conditions as the Govcrnor may think advisable; and the Govcrnor is hereby cmpowered from time to time to provide, by regulations to be published in the Government Gazette, what other covenants, terms, and conditions, shall be inserted in any such leases.

21. It shall be lawful for the Governor at any time during the G

resume

Overnor lease

*Y

currency of any lease granted under the authority of this part of land,

this Act, to resume the possession of the whole or any part of the

land comprised in any such lease: Provided that at least six months'

previous notice shall have been given in thc Government Gazette of the

intention to resume such land: Provided also that where any such land

is required to be resumed for roads or railways, or purposes con-

nected therewith, it shall only be necessary t o give one month's

previous notice in manner aforesaid.

22, The lessee of any land resumed under the last preceding Compensation

section, or the executors, administrators, or assigns of such lessee, plgbgn.

shall be entitled to receive, and shall, within three calendar months after such resumption be paid compensation for his interest in any

wells, reservoirs, tanks, or dams of a permanent character, situate

upon the land so resumed, and constructed by such lessee, or any person under whom he claims, and also for his interest in all substantial buildings and fenccs situate upon the said land and erected during the currency of the lease, and dso (except where the said lard shall be resumed for roads or railways,

or purposes connected therewith) compensation for any loss

occasioned by such resumption; bnt no lessee of any land resumed, nor his executors, administrators, or assigns shall be paid any compensation in respect of the increased value of his lease, occa- sioned by reason of any natural waters, or any expenditure upon roads or railways, or upon adjoining or other lands. The amount of compensation and also the value of the improvements for which any such lessee is entitled to be paid under this section shall be determined in case of dispute by two arbitrators, of whom one shall

be

8 45' & 46' VICTORIW, No. 252.

The

Woods and

B r e s t s Act.-1882.

..

-

--

- -- --

PUT v.

be nominated by the Commissioner and the other by the person or persons entitled to compenssttion or payment; or in case of the arbitrators not being able to agree, by an umpire to be appointed by

them before entering upon the consideration of the amount of -

compensation or payment: Yrovided that in case either of the parties entitled to nominate an arbitrator as aforesaid shall neglect to name an arbitrator for the space of seven days next after a notice in writing so to do shall have bccn given him by the other party, or shall name an arbitrator who shall refuse to act, then the arbitrator named by the other party may make a final decision alone.

23. Every lease under this Act for the purposes of mining for

any minerals or metals, except gold, shall be for such term, not exceeding twenty-one years in possession, as the Commissioner may determine, and shall reserve a rent of One Shilling per acre, and a further sum, 'equal to Sixpence in the Pound sterling, on the net profits obtained frorn the occupation and working of a11 mines and the sale of all metals and valuable minerals which shall bc obtained frorn the land comprised in such lease, which rent shall be payable halfmyearly under the penalties hereinafter provided.

Returns to be de-

24. For the purpose of ascertaining the amount of rent so to be

livered.

paid, the lessee of such land, or the person having the management thereof, shall, thirty days before each day appointed for the half- yearly payment of rent, delivcr at the office of the Commissioner a full and true return in the form of Schedule E hereto, certifying the amount divided as profit, or (in the case of other than public com- panies) the amount of rcalised profit which sl~all have resulted from the working of the said land during the six months immediately preceding the date of such return: Provided that in case no profit has been divided or realised, a certificate to that effect shall be sent in thirty days before each day appointed for the half-yearly payment of rent; and any such lessee or other person wilfully forwarding any false return shall be liable for each offence to a penalty of not less than Fifty Pounds, nor more than Five IIundred Pounds. And for

appointed by the Commissioner, at all reasonable times, to inspect and

the purpose of verifying such return it shall be lawful for any person

take extracts from all books of account, vouchers, and documents in any way relating to the said land, or the metals or valuablc minerds obtained therefrom; and any lessee or other person refusing to allow any person so appointed to make such inspection as aforesaid, or preventing such extracts being taken, shall, for each offence, forfcit and pay a penalty of not less than Twenty Pounds, nor more than Forty Pounds.

Covenants and con-

25.

Every such mineral lease shall contain covenants by the lessee to pay the rent reserved in such lease as ahd whcn such rent shall become due; not to use the demised land for any other purpose tha~: that for mining and smelting without the previous consent in writing of the Commissioner; not to remove or appropriate any gold or gold- bearing stone on the demised land; to expend in every two years

~ t i 0 n 8

O'

lease.

ctnring

45' & 46" VICTORIW, No. 252.

9

The

TVoods

and

Forests. A c t. 1 8 8 2,

-

during the term a sum equal to at least Six Pounds for every acre

PART

v.

of the land comprised in such lcasc in working the mines on such land; or, at the option of the lessee, during nine months in each year of the term created by such lease to employ and keep employed not less then three men, for every eighty acres of the land demised, in mining upon such land: and in searching for and raising metals or other valuable minerals, and to furnish the Commissioner, whenever required by him, with satisfactory evidence that such sum of money has been laid out, or such number of men have been employed, in mining as aforesaid; to forward true and accurate returns at the time required by the last-prcccding section, and to observe all regu- lations for the time being in force relating to mineral leases under this Act; and shall also contain 3 proviso that the same shall be liable to forfeiture on breach of any covenant thercin containcd to bc performed or observed by the lessee.

26, Every lcase under this Act for gold mining purposes shall old mining leoses.

be for such term, not exceeding twenty-one years in poasession, as the Commissioner may determine, ancl shall reserve such rent, royalties, and contain such covenants, terms, and conditions as may be provided by regulation made in the nlanner hereinafter provided.

27, I n every case where the whole or any part of the rcnt of Pen~lt,i"Sfornon-

payment of rent on

aucdateu. one month from thc day on which the same became due, of Tell Pounds per centum upon the amount of such rent. -4nd the Com- missioner is hereby authorised to recover the amount of rent in arrear, together with the penalty heveinbefore imposed for the non- payment thereof, by action in any Court of competent jurisdiction,

ftnv land shall not be paid on the clay mhcn such rent became or

shkl become payable, ihc lcsscc or person liable for the payment

of such rent, shall, in addition to the amount of the rent in arrear,

pay to the Commissioner a penalty, if such rent shall be paid

within one month after the day on which the same became due, of

liable for thc payment of such rent and penalty, whercsoevcr such

or by distress upon the goods and chattels of the lessee or person

goods and chattels may be found.

28, The Commissioner may at any time accept the surrender of Commissioner map

accept surrcndcre of

any lease under this Act upon such terms and conditions as he may l,&,,

think fit.

PART

VI.

PART

VI.

GENERAL PROVISIONS, PENALTIES, AND LEGAL

PROCEDURE.

29, The Governor may from time to time remove any con- Governormayappoint

B--25%

servator and remove of8cers.

1 0

45'

& 46" VICTOKIK, No. 252.

The

FVoods

and

Forests A c t. 1 8 8 2.

- --

scrvator of forests, secretary, or other person holding office under

- -

W.

-

.

-

-

this Act or the Act hereby repealed, and may appoint and employ any othcr person or persons to fill any vacancy that may arise in any office, and also any other officers necessary for giving effect to this Act,

overn nor m ~ m a k e

30. The Governor may from time to time make regulations (to

rcgululions.

be published in the Government Gazette) for prescribing thc management and administration of the Forests Reserves; for pre- scribing the mode and regulating the sale and disposal of timber in the Forest Reserves; for preventing the danger and spread of fires in the Forest Reserves; for fixing .the fees to be charged for licences; [or defining the covenants, terms, and conditions to be inserted in leases under this Act; and gcnerally for carrying into effect the provisions of this Act; and may by such regulations prescribe penalties, not exceeding Five Pounds, for any one offence for any breach of such regulations; and may in like manner vary, alter, or revoke any such regulations and substitute others in lieu thereof; and such regulations may be made to apply generally throughout the said province, or may be limited to apply to any one or more Forest lteserves or districts, and different regulations may be made from time to time for the several reserves and districts.

tirnlm or removing

I'enalties for cutting

31, Any person who shall cut timber or bark upon, or remove the same, or quarry or remove any stone, sand, or gravel, from any forest reserve, without a licence or pern~ission under re~ulation, shall incur

sand, $C.

a penalty of not more than Five Pounds in addltion to the value of

t?

the nlaterial removed.

Oumrs of animals

32. Any person who shall suffer any cattle, sheep, goats, pigs, or horses belonging to him or under liis charge to stray, or be at large, or be tethered or depastured in any enclosed forest reserve without special pcrmission iiom the ~ornhissioner of Forest Lands, shall incur il, peilaltv not exceeding Fivc Pounds; and in case of any injury to, or the dcstructiun of any plant or plants, tree or trees,

trespns+irig liable

for

damages.

within any cnclosed forest reserve, f'ence, or gate conlicctecl therewith,

such person shall, in acldition, pay the ralnc of the plant or tree or

f'ence so injured or destroyed, :md in d~faul t of payment Inay be

imprisoned for a term not exceeding three months,

l ' c rd ty fordeutiu).in~

33.

Auy pWso11 \v110 sllall steal O r ~ i l l l t~ l l ly

(le~troy

or d~lnage

thc

or dnmi~ging

tl ees, &c. whole or any part of any tscc, fence. or gikte, or shall wilfully cut, brcak, or root up any tree, sapling, or seedling upon m y forest reserve, or shall steal or wilfully destroy or damage any tree, sapling, or seedling sown or planted or transplarited by any person within any forest district, may be ordered to forfeit or pay a sum not less than Fivc Shillings and not exceeding Ten Pounds, or may be imprisoned, with or without hard labor, for any term not exceeding three months.

Penalty may be re-

covered in U summary

34. Every proceeding for the recovery of any penalty or sum of

manner.

money

45" Ps 46" VICTORIW. No. 252.

The

Woods and

Forests

A c t. 1 8 8 2.

money by this Act irnposcd or made payable inay be 1 1 d bcPorc --

L'ART

\. I.

any special Magistrate, or two or more Justices of the Peace for thr

said province, in a summary way, by or in the name of the Comn~is-

sioner of Forest Lands, or of any officer or other person acting under

his authority.

35, The proceedings before Justices shall be conducted as a p apljiicfitiun or X". G

pointed by and shall be regulated under the O d i n a n c ~,

No. C, of o"S"-

1850, intituled " An Ordinance to facilitate the performailcc of thc Duties of Justices of the Yeace out of Sessions with respect to sum- mary convictions and orders," or any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to sum- mary convictions and orders.

36,

I n every case of the adjudication of a fine or pecuniary NO^-pnymcnt of

penalty or amends under this A C ~,

a113 of the non-payment of such ~"""y.

fine or pecuniary penalty or amends, the Justices before whom thc procccdings have bcen talrcn inay commit the offender or person making default i n payment to any gaol in the said province, for any time not exceeding three calendar months, the imprisonment to cease on payment of the sum and costs due; but this section shall not affect any remedy f ~ r the recovery of any fine or pecuniary penalty or amounts under the said Ordinance, No. G of 1850, or any othcr Ordinance or Act.

37, There shall be an appeal from any order of Justiccs of the ,ippoal.

Peace made under the provisions hereinbefore contained, or from any order of Justices of the Peace dismissing any inforrnatiotl laid undcr this Act, or from any conviction by Justices for any offcncr:

hide of Full Jurisdiction only, and the procccdings in such appeal b

a ~ a i n s t this Act, which ilppeitl shall be to the Local Court of Adc-

shall be conducted in nmnncr appointcd by the said Ordinance No. 6 of 1850, for appeals to Local Courts, but the Local Court of Adelaide aforesaid may make such order as to payment of costs of

appeal as such Court shall think fit, although such costs may exceed

Ten Pounds.

38. I t shall be lawful for the Local Court of Aridaide, upon the T.OC,~I court of Ade-

lade m:ly stntc n casr

hearing of any appeal under the last prcccdin~

section, to state one ,,,,

i,li,,,,fs ,

,

,

,

,

,

or of any Judge thereof, which order of the Justices of the Peacc or Local Court shall be enforced in manlier provided by this Act for the enforcement of orders of Justices of the Peace; and, save as hcrcin provided, 110 order or proceeding of Justiccs or of any

or more specid case or c a m for thc opinion ot the Supreme Court, "~i-t.

and the Suprcme Court shall hear and decide such special case or

cases according to the practice of the Supreme ~ o o & on spccid

cascs; and the Supreme Court shall make such ordcr as to the costs

of any such special case as to the said Court sliall appear just; and

any two or morc Justiccs, or the Local Court of Atlelaido, shall

make an ordcr in respect of the matters referrrd to thc Swprc~nc

Tlocal

45' & 46' VICTORIW, No. 252.

The Woods and Forests Act .1862.

PAW W.

-

Local Court, made under the authority of this Act, shall be appealed

against or removed by celdiorari or otherwise into the Supreme Court

of the said province.

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

this Bill.

WM. F. DRUMMONI) JERVOIS, Gavel-nor.

SCIIEDULES REFERRED TO.

SCHEDULE A.

FOREST RESERVES.-DEFINITION

OF BOUNDARIES.

Northern District.

Bundaleer Forest -Comprising

all that portion of the Hundred of Belaiie south-

wevt of section 61; west of sections 289, 288, 287, 53, 32w, 30, 29, 18, 17, 16, IN, l s, 3, 274, and 4; all that portion of the Hundred of Yanggasouth of section 250, east of sections 273, 269, 270, 271, and 272; all that portion of the Hundred of Bundaleer east of a line from the north-east corner of section 484, to the soutli- east corner of section 494, south of section 494, east of sections 495, 496, and 502; and north of sections 37, 36, 35, and 3 3; and that portiop of the Hundred of

Reynolds north of sections 214, 201; and west of sect~ons

178, 213, 212, and 211.

Wirrabara Forest.-Comprising

all that portion of the County Victoria wefit

of the Hundred of Buuyoolie; north of portion of the Hundred of Crystal Brook, and east of the Hundred of Napperby; and that portion of he County of Frorne west and south-west of the Hundred of Appila, south of portion of the Hundred of Wongyarra, and east and north-east of a line colnmencing at thc Bluff Tripnometrical Station, and running in a north-westerly direction along the summit of the Bluff Range to its northern extremity; and thence to the south-west corner of the Hundred of Wongyarra; and also all that portion of the llundred of Booyoolie bounded on the east by the western boundaries of sections 64, 84, and 134; on the south by the northern side of road north of section 3 5 2 ~; on the west by the western boundary of the hundred, and on the north-weqt by the south- eastern side of road south-east of section 367.

Mount Remarkable Forest,-comprising

the whole of sections 3 ~,

197, and 198,

Hundred of Wongyarra.

Peuwortham Forest.--Conlprising

the Government reserve w e s t of section 603,

and portion of section 33; south of portion of section 9; east of section 36, and

north of road north of sections 359 and 29, all in the Hundred of Clare.

Mount Rrown Forest.-Comprising

that portion of the Hundred of Woolun-

dunga east of a straight line from the Devd's Peak Trigonometrical Station to

Mount Brown Trigonometrical Station; and north of a line running easterly at right angles to true meridian from the latter Trigonometrical Station to the western

boundary of the Hundred of TVillochra.

Mount Gambier Forest.-Commencing

at the east corner of section 430, Hundred

of Blanche; thence south-westerly along its south-eastern boundary to a point 100 links n~r th -eas t of the south corner of said section; tllence in a south- easterly direction by lines 200 links north-east of, and parallel to, the north-eastern boundaries of sections 1000, 468, and 36, and easterly, by a line 200 links north of, and parallel to, the north boundary of section 548, to the north-western side of the main road to Gambier Town; thence in a north-easterly and northerly direction, following the north-western and western sides of said road to a point east-south- easterly of the south-east corner of the botanic garden; thence west-north-westerly to said corner, and along the southern boundary of said garden to its south-western corner; thcnce in a south-south-wcsterly direction along the summit of the ridge between the lakes, south of the botanic garden and section 85, to the summit of the Mount Gambier ridge; thence in a south-westerly, north-westerly, and northerly direction along the summit of the Mount Gambier ridge, to a point south-east of the east corner of section 430, and thence north-westerly to the point of commeccement.

Mount

Iluunt

Burr Forest.-Complisirrg

all t h ;~ t portion

of thc C U I I I I ~ ~

ol' Grey u e ~ t

of a line commencing a t the summit of Mount Graham; thence in a south- south-easterly direction along the summit of the MountGraham and Ililtmnt 1:urr ranges to the southern extremity of the latter; and then southerly to the north-eastern corner of section 25, Hnndred of Hindmarsh; north of portion of sectiun 25; east of road east of section 346; east. of sections 26, 27, and 30: north of sections 30,

31, and 29 in said hundred; east of a line running truc north from the south-east

corner of the Hundred of hlount Muirhead, to a point true west of the summit of Mount Graham, and south of a line connecting the last-mentioned point with the summit of s a ~ d Mount. Also conlprising the whole of sections 108 and 109, Hundred of Mnunt Muirhead, and bounded or1 the north-west by the south-eastern side of road ~ o u t h - e a s t of ~ec t ions 121 and 406; on the west by the eastern side of rancl east of section 110; r n the south-west by the no~th-eastern boundary of secrion 107; on the south-east by portion of the north-western boundary of section 10%; and on the east by the eastern boundary of the hundred

Mount Blui~head Forest.-Commencing

at the north-western corner of section

19P, Hundred of Mount Muirhearl; thence west-south-westerly to the w i t h corner

of section 135 ; !hence south-easterly to the east corner of section 154; thencc east-nxth-easterly to the south-western corner of section 198; and thence notth- north-westerly to the point of cornmencement.

Glen Roy F3rest.-Comprisin~ all that portion of the Hundred ~f Glen Roy

south of sections 81, 83, 52, and 8 4; west of road west of sections 6 4 ~,

64s,

and

71;

nortb and west of sectinn 34 ; west of load west of srcticrns 26, 21, and

14; north of and lnchding section 9, and rttst of and including sections 10, 220,

18, 29, 30, 54, and 49.

Mundalla

>'orest.-Comprising

a11

that

por~ ion of

the Hundred r,f

W i r r z r a

south of the suburban lands; south-east of road south-east of section 99; east of portion of section 94; north ctt sections 103 and 107; east an4 south of sec- tion 107; east of road east of section 92; nolth of road north of sections 110 and 111; ~outh-wes t of road south-west of section 114; west of road west of section 115; north of section 115 ; and south-wmt af road south-west of sections 117 and 120.

Rordertown Forest.-

Comprising all that portion of the Hundred of l 'atiara

north of rond north of sections 94 snd 131; east and north of sectinn 1 2 8; east of road east of s ~ c t i o n 126; sout.h of p o ~ t i o c of the ~ o r t h boundary of the hundred; west and south-west of road weht acd south-west of sections 2 and 16, and north and west of the park lands adjacent to Bardertown.

Cave Range Forest.-Comprising

all that portion of the Hundred of Jeesie

south-west of road south-west of xections 92 and 101; and all that portion of

the Hundred of Joanna west of road w ~ s t

of section 317; west of sections 21%

and 211; north-west of the Mosquito Creek and north of sectiuns G4, 63, and 7 9 ~;

also that portion of the EIundrcd of J o m n a, south and east of Mosquito Creek;

north of a line being the production easterly of the north boundary of section 64,

Hundred of Joanna, to the western boundary of section 209, and west of portions

of the western boundaries of the latter scction and section 211.

Penola Forest.-Comprising

all that portion of land in the Hundreds of Nang-

warry and Penola south of road from the south-east corner of section 179, Hundred of Penola, to the 803th-west corner of scction 343; south-west of road from the latter corner, to the north-east corner cf section 1. Hundred of Nangwarry; west of the western boundaries of sections 1, G, 7, 12, and 13, north of a line running westerly a t r ight angles to the western boundary of section 13, fiom its south- west corncr to the Mount Gamtier and Penola main road, a ~ l d east of the said main road.

Mount McIntyre Forest.-Commencing

at the south corner of section 9, situate

in County Grey, north of the H u n d ~ e d of Hindmarsh; thence south-easterly by the production of the south-western boundary of said section, for one mile; thence north-easterly a t r ight angles for two miles; thence north-westerly a t right angles for three miles 2,738 linke; t h ~ n c e south-westerly a t right angles to intersect the production north-westerly of the south-western boundary of section 8: thence aouth-easterly by the said production to the west corner of said section; thence north-eilsterly, south-easterl!, and south-westerly, following the north-westcrn and north-eastern boundaries of section 8, and north-eastern and south-eastern boun- daries of section 9, to thepoint of commencement.

45' Sr 46" VICTC)I<I&, Nu. 252.

Central District.

P o r t

l load Fores t Ylantation-from

t h e park lands a t Hindmarsh

to A1berton.-

All t h e vacant lands alongside t h e Por t Road.

Wes te rn

District.

Wallaroo Forest. Hundred of Wallaroo.

Biock No. 1. Bounded RR follows :-Commencing

at, the south-east corner of

section 1119, H u n d r e d of Wallaroo; thencc west-south-westerly by the cout.hern

boundaries of sections 1119 and 1118, to the south-enstern corner of section 1113;

tbence north to it's north-eastern co rne r; thence west to t h e north-wes$ corner of sectic~n 1112; thence t rue north to the south-corner of section 1114; thence north- easterly tn i ts south-eastern corner; thence ;rue north to a point t rue west of the south-west corner of niineral claim 5574; thence east to said corncjr, and along sout,h boundary of said cl:um and its production to the hundred boundary; thence ~ o u: h to the north-western boilndbry of mineral section 599; thence ~outh-south-\tresteriy

along ttie north-western

b o u n d s r i ~ s

of

sections 599 arid 670, arid eas t -south-cas ter l~~

along the s o u t h - w e s t ~ r n boundary of thc lat ter section to the hundred boundary; thence 8011th along said boundary to a 1)oint opposite t h e sonth-easkrn corner of

sectinn 1119;

thence to said corner, t h e point of' comniencement~.

Hlock No. 3. Commencing a t the snuth-?:tatern corner of secr.ion 1101, Hundred

of W a l l a r m;

thence west-so11t.h-westrrly hy a. straight line to t,he intersection of

t h e

north-east,ern boundary of ~ri incral section 2388 with thp northern side of rnain road; thence north-westerly to r:orth corner of said sectien; thcncc south-westerly to the easc corner of mineral sect.ion 2322: thence north-weuter ly to i ts nolt l i curner; thence sout l i -wster ly to the east corner of ~ n i n t ~ r a l section 2323 ; ~honcc. north- westerly to the south-corner of mineral section 2799; tlicrlce north-easterly along the suu~h-eas tern buundarg of a i d sect,ion and its production to a point t rue west of the north-western corner of section 1107; thence m a t to sail'. corner; thence t rue south to t,he so11t.h-west, corner of section 1110; t,l)ence t rue east to the north-edst

corner of section 110 1; and thence south to the point of commencement.

'Sickera Forest, '.rickera.--Comprising

that portion of t,he Hundred of 'l'ickera,

bounded on the north by the tiouthern side of rcad south of sections 43 ant1 38,

ant1 its p roduc~ ion wev~crly to the north-east

corner of section 2; on the east by

the wcutcrn ~ i d e

of

r o a d wcst of srctions 24 wit1 23; o n t l ~ c

soutll-east by tlic pro-

tinctior,

n o r t, h - e a ~ t ~ r l y

of tlie south-eastern 1wuncl:iry of section 100, Hundred of

JVellarr~o, t o t he western side of road west of

section 23, Hundred o f Ticlre~tt

; on

t h e south hp tlie nol.thern s i d o of roacl 011 the sonthern boundry o f eaicl 1111ndrccl; and or1 tile! west by the eastern side of' road m s t of sections 2 and 3, exclusive of all

necedsarj

roads.

I

SCtlEDULli:

B.

E'orrst

Dist&ts.-Dr&nitio12

o f Bou~zrhwies.

IIistrict KO. 1. -Cornprising

all that. 1rort.ion of the Hundred of TNil1uog-l nort'cl

of tllc road nort!i U S svt:~ir!ns 665 a n d G68; north-west o f sections 538, 537, 539,

54% 5511, 5-45,

744. 304, and 303; w e s t of s t c t io~ l 275; north of road north

of

sec t io~is 275 and 700; west of

s0c.tmns 1241 and 761, and wedt of roatl west of

sectiolls 507 and 30G; north-west o f road north-weht of ~;cc:ior~s

307 ;md 1060; west

of load wcst of sectiorls 709 and 501;

south of scctiunv 509, 508. ;lnd 579; and west

of roail west of sect.ions 579 atid 558.

All t ha t portion of thc Hunc?recl of Nool.1ung.l

west of road we.qt of swt ions 858 and 830; north of sections 830 and 831: west, cf road wcst of sections 818 and 515; north of road north of sections 515 and 516; and west of road west of sections 504 and 29. Al l that portion of t h e Hundred of Ade- laide wcst of section 30; north of wct,ions 30 ilnd 1 9; west of road west. of sections 1042 and 1073; n o r t ? ~ of section 1073; west of portion of section 1147, and \vest, of sections 1146 and 1075; north of section 1075; north-west of sections 1141 and 2 4 7 ~;

west o f section 884; north of the road north of sections 884 and 1004; north-west of oections 1091, 10i8, 1079, and 1062; ~011th and west of roads south and west of

section 295; north of road nor th of sections 295, 909, and 911; west of road west of

sections 1005 and 903; north of road north of sections 903 and 904; west of scctions 905 2nd 1083; west of road weat of sections 1059 and 847; north of s e c h n 847;

west

45' & 46' VICTORIE, No. 252.

The

Woods and

Forests A c t. 1 8 8 2.

west of road west of sections 850 and 857; north of sections 857 and 810; and west of sections 809,311,812, 813, 803, and 807. All that portion of the Hundred of Yatala

west of sections 811, 818, 833, 832, 5627, and 5629; west of road west of sections

50,57, and 5460; south of sections 5465 and 2158; and west of road west of sections

2158 and 1560.

A11 that portion of the Hundred of Munno Para west of road west

of fiections 1560 a n a 4219; north-west of road north-west of sections 4219 and 4221; west of road west of sections 1690, 3266, and 3318; north-west of sections 3315 and 3314; and north-west of roadnorth-west of sections 3253 and 1032. The whole of

the Hundred of Port Adelaide.

All that p r t i o n of

the Hundred of

B a ~ o s s a

north-

west of road north-west of sections 1031 and 3027; n o r t h - e a ~ t of section 3027; north-west of xections 5'71, 91, and 9 0; north of sertions 70, 71, 74, 76, 487, and 31 59; east of sections 3159, 1'735, and 1731; north of swtions 530 and 505; north-

w s t of sections 759,3146, and 3145; north of sections 3145, 567, 3129, 2726,

1028,

and 1964; and west o l road west of sections 3 122 and 3126. The whole of the Hundreds of Nuriootpa, Nudla Wirra, Light, Gilbert, and Saddleworth. All that portion of the Hundred of Mooroorm west u f road west of sections 767, 644, 738, 1936, F2, and 76; north of section 76: w e a t cif road west of sections 768 and 5.3; north of ~ec t ions 55, 337, 338, 330, 427, and 426; south-west o f road south-wcst of

~ec t ions

346, 342, 362, and 602; west of sections 301, 300, 139, and 1 5 7; north of

sectlc~n 1 5 7; arid west of road west of sertions 213 and 233.

All thdt portion of

the Hundrcd of Belvidere south-west of the road south-west of sections 828, 142, and 281; south and wcst of section 123 ; south of sections 127, 125, 124, and 95 5; west of tE,e road west of sections 35, 241, and 253 ; and south of sections 262 and

260.

A11 that portion of the Hundred of ICapnnda south-west of sect~ori

9; north-

west of sections 9, 286, and 287; south-west of sections 239, 20.2, 316, 317, and 319; south of hections 284, 282, 278, 276, 15, 20, ,md 19; and north-west ot the road north-weat of sertions 19 and 1224. ,411 that portion of the Hundred of \\'atcrloo wcst of road west of nertions 1215, 116, 115, and 74; and north of road north of sx t ions 74 and 79. All ihat portion of t hc Hundred of t ~ l m a no1 th-enat of section 283; east of road east of scctions 283 and 287; north-east nf road north- east of sections 310, 182, 354, 756, iind 248; and east of load c a t of sections 247,

25501, and 2507.

And a l l those por t~ons

of the Fiundred? of Gidce t ~ n d

lJurt Gawler

south-east of the River Light

District No. 2.-Comprising

the m21ole of the Hundreds of Wallaroo, Kadina,

T i p ~ r r a, Clinton,

I<u:pdra,

h m e r o n,

f i v e r a d,

Hall,

Upper

Wakefield,

Stanley,

Apoinga, Kooringa, IIanson, Clale, B l y ~ h, Rarnnga, Houcaut, Hart, blilnc, Kingcton, Ajera, Andrews, Yackamoorundie, Koolunga, Redhill, Crystal Brook, Xarritly, Bunt!alcer, Keynoldn, Rnnr. A l l that portion of Yarcowie A ~ ~ i c u l t u r a l Area, in tile

Hundred of Terowie, desc~ibed

in the Gorernn~e?bt Gazette of

Fehrnary 22nd,1872.

T h e whole of

the Hundreds of

W h j t e, 13elul1e, Yangya, Caltnwie, Boojool~e,

Napperby, Appilil, l'urcowie, Mannanarie, Yongala, Black Rock P h n, Pelcina, and

Davenport.

District .No. 3.-Con~prihing

the whole of the Corporatn Town of Strathalbyn,

all that portion of thc District of Strathalbyn north of sections 2745, 1843, 2702,

2722, 2718, and 2112; north c)f lodtl north of srctionq 2021 2nd 616; and north of section 521. A11 those portions of the Districts of Onaungn and Hremer included in the Hundred of Strathalbyn. All that portlon of the Hundred ot 8remcr north of sections 519, 518, 517, 2773, 2777, nud 2776; eact of section 2776; and north of ~ ~ c l i o n u 2771, 2784, and 3577. The whole of the Hundreds of Freeling and

Monarto.

Al! that portion

of

the l l u n d ~ c d

of Brinlrley south of the northern

boundaries of

rections 200, 201, 202, and 203; south of road south of

~ e c t i o n s

309

and 331 ; south of the northern boundaries of sections 339, 340, and 341; south of road south of ~cc t ions 286, 593, and 598; ers t of road cast of sections 654 and

455 ; south of bectiuns 622, 623, and 624; and east of road cast of sections 624,

675, and 1084. All that portion of the Hundred of Seymour west of road west of sections 420 and 378: west of section 376; west of the production north of the western boundary of said section to the northern h u n d a r y of the hundred; west of a line running south from the south-western corner of section 420 to the north- weqtern corner of section 275, and west of s e ~ t i o n s 215, 280, 281, 289, 290, and 291. A11 that portion of the Hundred of Coolinong north of a line running east from the south-western corner of section 60 to the south-eastern corner of section

39. All that portion of the Hundred of hlalcolm north and west of and including sections 424, 423 429, 433, 436, 438, 439. 440, 334, 599, and 207; west of a line runnlng scutherly f'r~rm the south cvrner of scc!ion 207 to the north-western corncr

of

45' K. 46" VICTORIZ, No. 252.

--

h

.-.p

-

The TVoods nun! Forosf.~

.4cf.--1882.

of section 182, and me.st of road west of wctions 182 and 1 5 j. All that portion of the Hundred of Ronnev \17~st of sectinns 220, 214, 251, 252, 258, 259, and 265 ; w e ~ t of and including sertions 279, 980, 2119, and 285: north-west of a line running south westerly from tho east cornw of section 285 to the north-east corner of section 137, and nest of n r~d inclutiirlg e~c t ions 137, 138, 139, and 141. The whole of the

Hundred of Bdkcr.

All that portion of t h t Hundred af Rremer west of sections

2835 and 2055; ~011th

of sections 2059, 2061, 657. and 536; and east of sections

559, 560, and 2072.

All that portion of the Hundred of hlexalldrina east of road

east of sections 77 and 1 6 0; east of and including sections 70, 67, 205, 201, 124, 61, and 66; and south of a line 11xnning westerly from the south-west corner of section 66 to the south-eastcrn cnrner of section 176; along the southern boundary of section 176, and westerly to t he north corner of section 2390, and south of and inc lud~na sections 23'30, 2356, and 2353. ,\l1 that portion of thp Hundred of Nangliita south and south-east of the northern houndarirs of fiections 2352 and 2414 ; ~211 th and sou th-e~s t of' load nurih of sections 2406, 2060, and 2265, and

south of section 2053.

,111 that portion of t!lc Hundred of Goolwa east of road ea5t

of sections 2182 and 2388 ; qor~th of road south of swtions 2398 and 200; south-east of sections 1101, 2115, anri 20:;; south of land south of scctionv 2118 and 2164; east of sections 166, 2229, 2938, and 2323; S T I I I: ~ - P ? S ~ of scctions 2323, 2315, Z3lti,

2439, 2440, 103, 104, antl 2307; edit c, f

r w t i n n s 120, 2450,

and 2324:

and south

of road south of sevt~onr

2324, 41, and

11-1. And fha t p o l t ~ o n of

the Hundred of

E n c o u n t ~ r Bay south of section 115; south-past of a llnc r r~nning south-westerly from the south-west cr)rner of section 115 to the north corner of section 212; south- cast of and includil1g .jections 212, 213, 213, 176, 180. 162, and 163 ; and east of

the westcrn lloundsrit..; o f section^ 2 0 ~.

185, a n d p0rtic.n of

166,

Dislrict -4'0. 4.-Uomprisincr

the whole of thc I t and ieds of Robertson, Killanoola,

Cornanm, P ~ n o l n,

and Rlont)ulln.

District ATo. 5.-Comprising

the wh ble of the 1Jundreds of Gambier, Caroline,

l\';acDonne!l, Blanche, Kongorong, Hennra, Mnpnxr~, hlount Jluirhead, and Kivoli

Baj7.

District

iV0. 6.-Compii,ing

the whole of the I lnn t l re t l~

of Gregory, Wlllowie,

and Boolcmo, in the County of Frurnc.

Bistrici N o. 7.-Comp~isin,~

thc whole of the ITriridretls of Woolyans, Wonolril,

Arkaba, Kanralca,

C u d l a ~ ~ u d l a,

\Virrcnndn. Yt rlnalue, Yarrnh, Eoolcunda. Croonda,

l',urilpa, Crozier, l'ichi

I{iahi, T'nlm~r, Mmrkrn, Yan!arritx.

Herulleby, W o o l u n d ~ n ~ o,

Willochra,

('nonatto,

J < I I T F ~ ~ R,

i)1addiF, 17~1pitr:i, l'i'ldd, Coomooroo, \vnllow;ty,

Erskine. and Morgan.

-

SCHEDULF: C.

R~yulct ions u n r l e ~ d

i

d

HOMA

of

C 2 9 w C L C Y ~

Ljo~*

I'ltcnling will Zc granted.

1. Persons planting trees and wishing to avail thcn~sclvcs of the provision., of clause 14 of thih Act, may claim the orders referred to in such clause, not earlier than two yclarh nor later than five years afwr the date of planting, such rlairn to 1)e

made in writing antl adriressed to t l i ~

Cornmission~r

of Forest Lands.

2.

Ferdons p l a ~ t i n g

trees ;is above and rn,~intaining them in good order will be

entitled to the orders spccificil i n thc Act, :lt the end of five !ear$ from the clate of planting, on the certificate of the Cunscrv<~tor of Forests, thnr, all the conditions of the Act and of these regulations have been complied with.

:<.

Conditions to be complied n i th by persons c1;tiniirlg orders :-

I.

Dis fanres a t 1,1Jtirh T r m to he pL7anted.-Trees

must be planteci not more than

sixteen (16) feet apart.

11. Size of

Bloclrs.-Rlocke

planted to hp 3ot less than five acres in area, and if

strips of land are planted in form of shrubbery they must be not l e s ~

than 100ft. midc.

HI. UL'RCYZ$~OTL

OS T~ces. -Tre~s to bc planted must consist of any of the follovvi~l~

:

Eucalypti, except dwarf

Sycamore

Cork Oak

varieties

Chesnnt

Pinus Halepensis

0 ak

Walnut

Pinuv Maritima

Ash

Poplar

Pinis I n s i p s

El m

Willow

Cedar

Rlackwood

Native Pine

1,onp-leaved Pine

Norfollr Island Pine

Stone Pine

Maple-leaved Plane

American C:italp,t

Kddi,itcil Cone Pine

False Acacix

,111 1

C-">,L

VICTOKIE, No.

The Woods and Forests Act.-1882.

and any other trees that i t shall be shown to the satisfaction of the Government are

likely to produce good, useful, and valuable timber.

IT. Land to be Fenced-The

proprietor of lands planted as above will be required

to erect either a sheep and cattle proof fence of post and wire, or a stone wall around the planted land-the same to be kept in thorough repair during the entire term for which trees are to be preserved, as hereinafter mentioned. Lands planted with the bees described in districts certified by the Conservator of Forests to be infested with wallaby, may be enclosed with strong upright logs or posts, sheep and cattle proof, close together, to exchdc rabbits; the same to be kept in thorough repair, to the satisfaction of the Conservator of Foresta.

v. No Stock to be Depastured.-The

proprietor of any land planted with trees

under these regulations will not be allowed to depasture stock thereon

to the injury of the young trees.

W. Period for which Trees must be Preservec2.-Trees

must not be cut down or

injured in any way whatever for a period of five years from the date

of planting.

4. Plantiq on Pastoral .Leasea.-~as'toral

leasees of the Crown wishing to avail

themselves of the provisions of clause 18 of this Act, will be required to comply with

the above conditions in addition to those contained in that clause.

*

SCHEDULE D.

South

[-Royal Arms.]

Australia.

3 ::

Order

S ::

No.

I t having been duly certified that

acre

have been planted with f o r e ~ t

trees

in accordance ivith"The Woods and Forests Act, 1882," it is hereby directed that this order shall be available as cash at any Government sale of lands at auction or other- wise, or in payment of the interest of purchase-money for Crown land selected on credit, or of any rent due by the holder hereof for the time being, upon condition that this order be exercised within five years from thc date hereof

Given under my hand, at Adelaide, this

day of

18

.

By Ilis Excellency's command,

Commissioner of Forest Lands.

To the Commissioner of Forest Lands.:

Sir-

I?

of

being

for mineral purposes of those portiorls of the Forest Lands comprised In leases num-

is the true and correct amount of divided [or realised] profit from such lands for the

bered respectively do hereby certify that [S 1

six months ending

188

Dated the

day of

l88

Witness-

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