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[Assented to 13th August, 1936.] BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I

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Membagikan "[Assented to 13th August, 1936.] BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I"

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Each member of the board is appointed for the period and under the conditions determined by the Governor. The board shall meet whenever a majority of the members deem it appropriate, and whenever the auditor orders a meeting to be held.

PART V

During the first six months of the twenty-first year of the term of each forty-two-year lease, the board shall make a reassessment of the flow and determine, with the approval of the Commissioner, the rent to be paid by the lessee. during the last twenty-one years of the lease. The Commissioner shall notify the tenant of the decision of the arbitrators or arbitrator and (in the case of a reassessment under section 53) the date from which the rent determined in that reassessment is to be paid and enter a similar notice in the Gazette.

PART VI

The date for the appointment of arbitrators is fixed by the Commissioner by notice in the Government Gazette and must not be later than six months before the expiry of the lease. The decision of the arbitrators or umpire must be reported in writing to the Commissioner and the tenant three months before the expiry of the lease, or on such date as may be agreed upon by the Commissioner and the tenant. The moneys received by the Commissioner for improvements belonging to the Crown are paid to the credit of the Loan Fund.

If a departing tenant entitled to payment and any incoming tenant liable to pay for improvements agree to the amount to be paid and the time and manner of payment for improvements, and within one month from the date of such agreement, notify the Commissioner of the agreement in writing, then the purchase money for the improvements and all rights of action previously vested in the Commissioner with respect thereto shall vest and be enforced by the departing lessee.

PART VII

The amount payable for improvements or compensation for the loss or impairment of the value of any lease shall be paid within six months after the expiration of the lease or the resumption which has caused the loss or impairment, if the lessee has then given possession of the land. Before the holdings are offered for rent, the Board, with the approval of the Commissioner, shall fix the term (which, notwithstanding any other provision of this Act, may in any case be 21 years), the annual rent, and the price to be paid for the improvements (if any) and for the purchase of the outgoing tenant's share in the holding. 6 rent is paid in accordance with the lease and must be recoverable in a similar way: Provided that-. a) for such price the lessee shall pay interest only for the first five years of the lease; and.

Any lessee may surrender any part of the land included in his lease on such terms as the Board may recommend, with the consent of the Commissioner.

PART VIII

In any such case the pastoral tenant shall be entitled to the same payment for improvements as he would have been entitled to if the lease so transferred had at the time of the surrender terminated by the lapse of time: provided that no payment for improvements shall be made . made until the land forming part of the transferred lease has been rented or sold, otherwise the transferred lease would have expired through the lapse of time; but the appraisal will take place as soon as possible after delivery.

PART IX

Any such notice shall specify-. a) the number of such sheep or cattle and who owns them. If the sheep or cattle travel only for food, the owner or person in charge of the sheep or cattle shall be liable to pay to the lessee of the escape, or the overseer or manager of the escape on behalf of the lessee, a sum. sixpence for every hundred such sheep or part of such one hundred sheep, and sixpence for every twenty such cattle or part of twenty such cattle, for every day or part of a day during which the sheep or cattle are above the amount which shall be recovered from the lessee by the owner or person in charge of the sheep or cattle.

PART X

No fee shall be paid in connection with the application or grant of a license under this section. No person shall deepen or enlarge any artesian bore on land included in a pastoral lease-. a) except in cases where the Commissioner, on the recommendation of the board, has given written permission to do so; neither. The lessee of the land on which the well is situated shall not be required by such order to construct or put up, at his expense, any additional apparatus, pipe or drain for the purpose of supplying water in accordance with that order.

The covenant relating to the occupancy of the land contained in item (b) of the first list to this Act shall be amended so that the lessee is not obliged to increase the stock to more than ten sheep or two sheep of cattle (or the equivalent ) per square kilometer at any time during the term of the lease.

PART XI

In computing the amount spent on improvements, no money advanced by the Commissioner or any other person or authority on behalf of the Crown to the tenant for vermin or dog proof fences, and expended by the tenant for that purpose :. The rent under any lease of forty-two years so granted shall not in the first instance exceed two shillings and sixpence per square mile, but shall be revalued for the last twenty-one years of the period of forty-two years. for which the lease has been granted, and may, on such re-valuation, be increased or decreased by not more than fifty per centum of its amount at that time. In the event of a possible extension of the lease, the rent can be reevaluated without any restriction regarding its increase or decrease.

PART XII

No rent shall be forfeited until after the expiration of three months from the lessee's notice of the Commissioner's intention to forfeit the same, and unless the board has previously approved the proposed forfeiture. If the tenant, within the time limit set by the board, complies with the board's instructions, the forfeiture will not take place. If the board determines that forfeiture should be enforced, or if the lessee fails to comply with the board's instructions within the time specified, the Commissioner may, if he thinks fit, proceed with forfeiture.

The judge presides over all board meetings and his decision is the decision of the board.

PART XIII

Provided that this responsibility shall be deemed to be waived if the tenant proves to the satisfaction of the board: a) that he has attempted in good faith to enforce such covenant or condition, and has used all reasonable means available in his power, taking into account all the circumstances of the case, to execute such covenant or condition; or. b) that such agreement or condition has been substantially satisfied.

PART XIV

(3) "\ When a memorandum of alteration of boundaries has been filed under this section, the Registrar-General of Deeds shall note the relevant sheets in the Register of Crown Leases and copies of the lessee's Crown Leases (if produced to him) and on any registered deed relating to the affected land, memorandum of alteration of the boundaries of the land included in the said leases, and by virtue of that land to which the leases and each such deed relate for all purposes increase or decrease, as the case may be.The Commissioner, the Board of Directors and any member of the Board and any person authorized by him or by them may at any time enter upon any land for the purpose of 6 (2) Any person who damages, destroys, inspects or examines the same or makes any valuation or for any other purpose which the Commissioner, Board or member thinks fit or desirable for the enforcement of this Act. ~ or opens and fails to close any gate erected under this section, or any gate in or on the boundary of any Crown land or any of land included in a lease granted under this Act shall be guilty of an offense and shall be liable to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months.

Every such lease shall be subject to a right of renewal so long as it can be shown to the satisfaction of the Governor that the lands therein described are necessary to and applicable to the original inhabitants of the State.

PART XV

All that part of the State south of Alfred county and that part of Albert county;. Also all that part of the state north of the part of the hundred of Tatiara;. And all that part of the State east of the parts of Burra and Kimberley counties, and south of that part of district A, north of the hundred of Stuart;.

Also all that part of the state north of the hunrlre

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