No. 722.

ANNO SEXAGESIMO SECUNDO ET SEXAGESIMO TERTIO

No. 722.

An Act to amend the Northern Territory Land Laws.

[Assea k d to, Novem k r

^22nd,

1899.1

E it Enacted by the Governor of the Province of South Aus-

B

^{tralia, with} the advice and consent of the Parliament of South Australia, as follows ;

PART I. PART ^{I .}

PKELTMTNARY.

1,

This Act may be cited for all purposes as

"

The Northern Shorttitleand

Territory Land Act, 1899," and, except so far as inconsistent incO1~OratiO".

therewith, shall bc incorporated and read as one with "The Nor them 'l'erritory Crown Lands Act, 1890," hereinafter called

" the principal L4ct."

2,

This Act is divided into Parts, as follows :- ^Division.

PART I.-Preliminary :

Y

A R T T I,-The Granting of Pastoral Leases : ( a ) Applications for 1,eases ^: ( b ) Sa,les by Auction:

(c) Successful Applicants : PART ^{X I} 1.-'Ternis and Conditions of Leases ^:

PART v.-Occupation by Outgoing Lessee and Possession by Incoming Lessee : PART V I , A-722

2 _62'

& 663 VICTORIE, No.

^722.

The Northern

Territory

Land Act,-1899.

' v I S u r r e n d e r of f orrner. Pastoral Leases f ^o-P Leases under this Act :

Y A ET IX.-Tenants' Relief Boitrd :

PART X.-Annual Leases and Commonage Licences

.

Interpretation.

3.

I n this Act, cxccpt wherc the subject or context reqniires a different construction-

See 65 of 685193. "Improvcincnts " inearls and includes well ^S, reservoirs, tanks, or dams, of ^c2 permanclit character, available for the use of cattle or silccp, and which irlcruase the stock-carrying capacity of the land, or substantial buildings, rcrmin-proof or other fences, huts or sheds erected for residence, shearing, or other purposes, usually required for, or in connection with, keeping live stock :

"

Outgoing lessee ^" means a person whose pastoral lease is about

to expire, o r has recently expired, w1u:ther such lease was granted under this or ally other Act:

"

Pastoral lands " coinprises all Crown lands in the. Northern

Territory not included in any hundred, and also all lands in the Northern 'l'erritory vested in the C ~ O W I I , and subject to any pastoral lease at the passing of this Act :

C C Pastoral leasc ^" means a lease of pastoral lands, whctE1~1. granted

under this or any other Act :

Prescribed ^" incans prcscribeil by this Act or any rcgulntions under this Act :

" Proclamation ^" rnenns Proclnmatio~l by the Governor in the

Gazette :

" Run ^" means tllc land c o r n p l k d in any lease under this Act,

and also contiguous lands, or lands worked togctlicr as one run, allthough not contiguous, comprised in two or more leases under this Act held by the same lessee.

Ratea and taxes.

4.

No express covenant for payment of rates i ~ l l d taxes shall hcrcaftcr bc inserted. in any Crown lcasc ; but this Act shall not

Act 669 of 189G.

relieve any lessee from an?; liability far payment of rates and taxes irnposcd or to bc imposed by or undcr thc authority of any Act imposing gener a1 taxation.

Repeal.

5.

Sections 59 to 76, both inclusive, of the principal Act, and

section 5 of the Nl'ortllern Territory Crowxi Lands hrnendmcnt Act, 1896, are hc.~*&p repealed ; but this repeal shall not :~ffect any right, interest,

- - - - 62'

& 63' VICTOIIIW, NO.

^'722.

- -- . ^A"-

The Northern

Territory

Land Act.-1899.

intcrcst, or liability alrctldy created, incurred, or existing, nor any- ^{pan^ I .} thing lawhlly clone or snffered under any enactment hereby repealed ;

and any lwoweding ill rcspert of :my s u c h rigllt, interest, or liability may bc carried on as if this Act had not been passed.

6 .

Section $12 of thc p r i ~ ~ i p a l Act shall not apply to m y lands not to apply. ^{92 501190}

leased 1~ursuant to this Act, nor to any leases issucd under this Act.

PART 11. ^'v

'

^{PART 11,}

THE GRANTING O F PASrl'ORAL LEASES.

7.

The Governor may grant pastoral leases of pastoral lands, Governor'spowers-

but shall not hereafter grant any such lease except in marmer

See 5 of 585193.

providcd by this Act, or for the purpose of giving cffcct to any right which may be existing at the-passing of this Act.

8.

Pastoral leascs shall be grs~ntcd up011 application, as hcrein- Timsesy how grunted.

af ter provided.

9.

Leases of pastoral lands msLy bc granted to the first applicant T0fi~stap~licant8in certain cases.

for the same. Simultaneous application may be decided by lot. _{See 59 of 601igo.}

Applications jbr Lenses,

10,

Applications for leases shall be made to the Minister i n the Applications) how made.

form and in manlier prescribed.

11.

Each application shall be accompanied by- Deposit.

( a ) A deposit equal to twenty-five pcr centum of the rent for see 26 of e e w . thc first year at the rate notified in the Gazette, or, if

there has been no such notification, theil a t the rate off wed by the applicant :

( h ) A drposit equal to five per crntum of the piice to be paid ^642/g5*

for the impsovemcnts if the property of thc Crown (if any) as notified in the Gazette. If the implovements are not the property of the (hewn the deposit shall be ten pcr celltun-1.

12.

No pastoral lcasc shall 1)e granted until two months after Notice of intention to

notice of the intention to offer the same for application shall have

been pu1)lislled in tlrr Gai~tte. , See 6 2 and 7 2 of 5 0 1 / 9 0 .

13.

In addition to any other particulars the Minister may think Particulars be mentioned in notice.

ncccssary, thc notice shall specify tlre area and situation of the land,

the term, the annual rent, the price to bc paid for the improve- ^{S,, 23 of} strspa.

ments (if any), and to whom the same is to be paid, the cost of valuation (if any), tho dotc up to which and the place at which

application ^S

62O

& 63' VICTOKIW, No.

^722.

The Northern Territory Land Act.--1899.

lJam 11. applications are to be lodged, and, generally, the terms and con- ditions of the lease.

Lands may be with-

14,

The Minister may, by notice in the Gmet/e, withdraw any

dr"nfrOmlelBing. lands from application and may subseqnmtly, by notice in the

Sec 24 of 686193.

Gazette, again declare the same, or any part thereof, open for appli- cation.

Leases unsucceasfull~

15,

If any lease gazetted for application shall not be applied for

offered may bc re-

atreduced the Minister may, from time to time, a t intervals of not less than

rates. three months, re-gazette the same at such reduced rent and yedizccd

price for improvements, or at such reduced rent or reduced pricc for improvements, as he shall think fit: Provided that-

See 25 of 685/93, 16 r. If the improvements belong to the outgoing lessee the price

and 2 1 of 642J95, and

7 1 of hol/go. for them shall not, except in the case of loss, decay, or

other depreciation, be reduced until the annual rent has been reduced to the extent of fifty per centum, after which thc rent and price for improvements shall he reduccd

See G of 669/96. proportionally: Provided that if the improvements belong

to the lessee, the price of such improvcmcnts shall not, cxcept in case of depreciation, be rcducecl until twenty- one days' notice in writing shall have hcen given by the Minister to the outgoing lessee of an intent to make such reductions, aml particulars thereof; and the outgoing lessee may, within twenty-one days after receiving s~ich notice in manner prescribed, appeal to thc Tenants' Relief Board to fix the amount of rent and price for improve- ments, and the provisions relating to the appointment of, and othcrwise as to thc Tmants' Relief Board, shall apply hereunder as far as the same are applicable ; aid it shall be lawful for such Board to rednce or increase such rent or price for improvements to such an extent as they think fit; and until the determination of such Board is certified to the Minister and by him notified to the agpellailt lessee. the Minister shall pnstponc offering such lands for lcasing ; and the dcterminntion of s ~ ~ c h Board when so certificd shall be acted on by the Minister: Provided that after the rent and price for improvements are once fixed by the Tenants' Relief Board, no further appcal shall be allowed, and without the conscnt of the outgoing lessee the price for improvements, except for depreciation, shall only be reduced when the rent is reduced propor tionzttely :

11. The annual rent shall not in any case be reduced below the rates prescribed by section 30.

After unsuccessful

16,

I n the interval between an unsuccessful offer and any sub-

Offcrleraemaybe granted on same sequent offer the Governor may grant the lease unsuccrssfully

terms. offered to any person willing to take trhe same upon the samc terms

see 7 1 of 5 W 0 , and conditions upon which it had been so gazetted.

St~ccessful

62O

& 63' VICTORIA!, No.

^722.

me

Northern

Territory

Land Act.-1899.

Xuccessfu

.

E Applicants. ^{PART 11.}

17.

No application shall necessarily be accepted, and any appli- Applications be rejected.

cation may be rejected. _{See 31 of} 5%/93.

18.

Notice of the namcs of the successful applicants, together Notice of successful applicants to be

with particulars of the lands to be leased to them and the rents and ,,tted.

pricc to be paid for improvements (if any), and any other particulars

the Minister may think necessary, shall be published in the Gazette. see 329 ib-

8ll moneys deposited by any unsuccessful applicant shall be paid to him within twentyone days from the time of his application being rejected.

19.

Unless otherwise provided by any conditions under which sucoesafu1applicants to execute lease and

the lease may have been granted, every successful applicant whose make payment.

name shall be so gazetted as aforesaid shall, within one month

after the first publication of such notice and in the manner pre- see ^{3 3 9} ib.

scribed, pay the balance of the first year's rent, and, subject to sections 38 and 40, the purchase-money for the improvements (if any), and shall execute the lease within the time and in manner prescribed.

20.

Tf any successful applicant fails to execute the lease, or to Forfeiture for non-

pay or arrange for the payment of the balance of the purchasc- compliance.

money of the improvements within the time and in manner pre- see 34, ib.

scribed, 'he shall forfeit to the Minister hi.: deposit and all other cf. ¹⁰ of 642195.

moneys paid by him in respect of the land applied for or the im- provements thereon, and all right to a lease of the lands, without prejudice nevertheless to any other rights or remedies the Crown or the Minister may have against him by reason of such non- compliance.

21.

^The moneys so forfeited, less all proper deductions, shall be

$t",F;f;;;f

retained by the Minister or paid over to the outgoing lessee, as the

case may be, in the same manner in all respects as the purchase- see 11 0fsa2p.i.

money of the improvements would have been retained or paid over if the applicant had duly completed the purchase.

22.

The successful applicant shall not be entitled to have the Payment of rent and purchase-money to

lease executcd by the Governor until payment of the first year's _of rent and the purchase-money for the improvements (if any), unless, lease bp Governor.

as regards improvements the propcrty of the ~ r o w n ; he idall have

obtained the consent of the Minister for ~ a v m e n t bv instal- _L

.'

^{J See 35 of 585/93.}

ments; or7 as regards improvements the property of the outgoing lessee, a mutual agreement shall have been entered in to as herein- after provided.

PART 111. ^{YABT 111.}

TERMS AND CONDITIONS

O F

LEASES.

23.

The term of any pstoral lease to be granted under this Act Duration of leaas.

shall not exceed forty-tko years.

24.

Every ^{see 70} of S O V ~ O .

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& 63' VICTORIA?, No.

^722.

The Northern Tevritory Land Act-2899.

PART m.

- - --

24,

Every pastoral lease shall contain the covenants, exceptions,

genenl reservations, and provisions mentioned in Schedule A t o this Act,

conditions. subject to any modifications or additions stated in the conditions of

see 37 of 585/93, opening the lands for leasing or required by the 3linister for giving

altered. effect to this Act; and. everv such lease shall be prepalwl by the

see 6o of 5W*. Minister in such form as he shall approve or as may be prescribed.

Surface of land may

25,

KO lease grauted under this Act shall authorise the lessee to

be utilised to best

advsntage. carry on mining operations of any description whatsoever upon thr!

land leased, or any part thereof, but the lessee shall be at liberty to

flee 38of 685193. utilise the surface of the land, or any part thereof, for pastoral purposes, or for any purposes he thinks fit.

Right"or~lantiog

28.

If the lessee shall plant and cultivate any of thc tropical

and cultivation.

plants mentioncc1 in section 54 of the principal t14ct, or allowed

C W . t

I

l'

t f

c

8

r

hereunder: or shall plmt and rnaintainSany p l m t a t i k of forcst hints approved of by the Minister, he shall be entitled to a prcfe- teqtial right to a p p t t u a l lease at a fixed rental, subjcct to a land ax of the land so planted, cultivated, and maintained, at a rent to bc ixed by the Minister ^: Provided that if the ^lessee and the Minister lo not agree as to the rent it shall be fixed by ~duatioxi : Provided dso that no lessee shall be entitled to obtain n perpetual lensr of nore than 3,000 acres of land.

Minbtermsgcxt0nd

27.

The Minister Inay extend the time for stocking the land

time for stocking.

comprised in any pastoral lcase if satisfied that bonci3de effm ts have

P& of 501/90. been made to improve or stook such land.

Lessee may be re-

leeaed from liability

28,

A lessee may be released by the Ministcr from his liability

to repair. to rel~nir improvements upon the land lcascd which have ceased to be of: substantial value t d t h e l ~ n d if he shall make other improve- cf. ^{l h of 642/95.} ments in lieu thereof to the satisfaction of the Minister.

Remission of rent

29.

If any lessee shall, except on a reserve, malio an artesian

for artesian wells.

well upon his pastoral lcase yielding a snpply of not less than ten

fiee 20 of ~~t thousand gallons of good stock water per diem, he shall bc entitled

642195r _669/98. and 9 of to a rcrnission of rent in rcspect of such pastoral lease equal to two and a half per centum on the cost of such artesian well for a period of ten years after the completion of the well ; the cost of the w d l to include sinking and tubing only ^: Provided that the remission shall only be allowed during the time thc artesiarl well coiltinues to supply the quantity and quality of water herein stated : Provided also that the remission of rent shall not apply to any artesian well situated within ten miles of an existclit well for which a rcrnission is granted or of a permanent water on the same run.

Rents.

Minimum rentals.

30.

Su1)ject to section 62 of this *4ct the annual rents a t which

Bee 59 of 601/90. pastoral leases shall be granted shall be not less than Six ^{Pencc per} square mile for the first period of seven years of the lease, not less than

62'

& 63' VICTORIfi, No.

^722.

The Northern

Territory

L a d Act.-1 899.

than One Shilling per square mile for the second period of seven ^{PART 111. -.-} years, not lcss than ' ~ ' W O Shillings per square mile for the third period

See clauses 68, &c,,

of wren years, and for the remainder of the term such an amount per 585/$?3,

square wile as shall be fixed by valuation made a t the instance of tlie Minister within the first six months of the twenty-first year of the term of the lease. But the rent so to be fixed by valuation shall not be more than fifty per centum above or below the rate payable during such twenty-first year.

31.

I n fixing the rent of slay pastoral land, whether by valuation Principles of fixing rent.

or otherwise, regard shall be had to-

(a) The stock-carrying capacity of the land: ^{Cf. 65 of 685193.}

Seo 92 of 601/90.

(C) The capacity of the land for pastoral purposes;

( c ) The proximity and facilities of approach to railway stations, ports, rivcrs, and mar1r;cts:

(cl) A11 other circumstances affecting the value of the land to a pastoi*al lessee ;

hut the value or any improvements which the lessee may have made or paid for, or be liable to be paid for, shall not be taken into

account.

--

P A W IV. PART ^{~ v .}

IMPROVEMENTS.

32,

If there shall bc any iinprovcmcnts belonging to the Crown Price for improve- ments, how to be

upon any land intended to be opened for leasing the Minister shall fixed.

cause the price to be paid themfor to be determined in such manner as he shall think fit ; but all improvements for which the outgoing lessee is entitled to be paid shall be valued as hereinafter provided.

33,

Within twelve months before the expiration by effluxion of

v

alustion to be m ~ d e within twelve months

time of any lease granted under this Act a l l improvemerits (if any) aeforo ^{l.... ..pire..}

existing upon the land shall be valued so f a r as practicable in

detail, i~lld their position indicated on a plan to be prepared by the See 43 ^585!D3.

Minister, and to be signed by the Minister and the outgoing lessee.

34,

If the Minister and the outgoing lessee shall not within I n case of dispute, valuation to be made

six months before the expiration of tho lease agree as t o the value by

and position of any such improvements a valuation thereof shall be _ib.

made in manner prescribed.

35.

Subject to the l~rovisions of this Act, the outgoing lessee, outgoing lessee to receive payment from

under any pastoral lease granted pursuant to this ,4ct, shall bc ies,ee,

entitled to mceivc from the incoming lessee the value, as so deter- mined, of all improvements made or purchased by him existing

upon such portion of the outgoing lessec's run as may be comprised Cf. 4 7 586193.

in thc new lease ; and, as regards lands which shall not be offered ^{Sae 17} of 642195

for lease within six months d t e r the rxpiwt,ion of the last precgding lease,

62' & 63' VICTORIfi, No.

^722.

The Northern

Terri

fory Land Act. -1899.

-

Y~~~ Iv. lease, the value as so determined of all improvenlents thereou

--- --

shall be paid by the Minister to the outgoing lessee upon such lessee giving up possession thereof.

All purchase-money

for improvements to

36.

The purchase-money to be paid for improvements by the

be paid in first incoming lessee, whether afterwards payable to the outgoing iessee

instance to the

Minister. or not, together with interest a t the rate of five per centum per annum on anv amount overdue, shall be a debt from the incoming U

See 48 of oazjs5. lessee to the ~ i n i s t e r , payable as hereinafter provided, and recover- able by action in any Court of competent jurisdiction.

Proceedsof G o v ~ n -

37.

The moneys received by the Minister in respect of irnprove-

ment improvements

to be omditedto Loan ments belorq+g to the Crown shall be paid by him to the 'I'reasurer

Fund. of the province and be held by him to the credit of the Loan Fund.

See 49, ib.

Payments to out-

38.

The moneys received by the Minister from the incoming

going lessee.

lessee in respect of improvemeills made or paid for by the outgoing

See 50, ib. lessee shall be paid over to the outgoing lessee, as hereinafter provided, less all costs of and incidental to the recovery thereof, and less all proper deductions fbr rent, depkeciation, or otherwise.

Limitation of costs.

39.

'l'he amount to be deducted by the Minister in respect of

See 13 of 642195. costs, pursuant to the last precedin$ section, shall be the costs actually incurred, but not in a,ny case exceeding five per centum of the moneys received.

improve-

40.

If the improvernents to bc paid for belong to the Crown

rnents map be paid

for1)yimtalments. the Minister may permit the lessee to pay the purchase-money thercfor, with interest, by inst;tlrnents accohing to the scale set

see 5 1 Of 685/93. forth in Schedule B ; but in that case the lease shall contain, in addition t o the covenants mentioned in Schedule A, covenants* by the lessee for the duc pajrncnt of such instalments, and for the maintenance of the improvements in proper repair to the satisfac- tion of the Ministry so long ns any moneys shall remain owing to the Crown in respect of such pnrchasc-money or interest as afore- said ; and also ^R provieion that in the event of any instalments being unpaid for three months after any day upon which the same ought to be paid the purchase-money then remaining unpaid shall, at the option of the Minister, become instantly due, payable, and recoverable.

R U ~ outgoing and

41,

If any outgoing lessee entitled to payment for improve..

incoming lessee may

arrange a8 to ments, and the incoming lessee liable to pay the same, sliall

*orimprovements. nlutually agree touching the amount to be paid to the outgoing

See 52, ib. lessee for the improvements, and tlre time and manner of

thereof, and shall, within one month, by writing under their hands notify the Minister of such mutual agreement; in such form and manner as he shall approve or as may be prescribed then, and i n every such case, the purchase-money for the improvements and all rights of action f'ormerly vested in the Minister in respect of such irnpxovenients shall thenceforth be vested in and enforceable by the

outgoing lessee.

42,

No

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& 63' VICTORIS, No.

^722.

The Northern Territory Land Act.-1899.

7

42.

No lessee shall be entitled to m y payment on the expiration ^{PAR* IV-} of any lease issued under this Act, or on any resumption, in respect Notice of improve-

of any improvements made after the expiration of the first ten years m'n'".

of his lease, unless, before making such improvements, he shall have

See 54 of 685/93, as

oiven written notice to the Minister, stating the nature, position, orslsa.

b pobahle cost, and date of completion thereof, and such improve-

ments shall have been sanctioned by writing under the hand of the cf. i r of ^so~/go. . Minister : Provided that, where it shall not be conveniently prac-

Vide clause 54, Act

ticable to givc such notice prior to the making of such improve- ^585193.

rnents, the lessee shall nevcrtheless be entitled to payment for such improvements if such notice shall have been given with all reason- able dispatch, and if the improvements shall be sanctioned under the hand of the Minister.

43.

No payment or valuation shall be made upon any resumption only certain im- provemmts to be paid

pursuant to this Act in respect of any improvements, nor shall ^%, any improvements, except t,hosc previously sanctioned by - the

Minister, be considerecl pursuant to this Act unless the Minister ^{Cf. 6 5 of 585193.}

shall be satisfied that such improvements were made for the purpose ancl have the effect of improving the land for pastoral purposes, or

of increasing the carrying capacity thereof, and that the improved See clause 55 of ~ c t

ments will have such effect, and unless the same shall consist of ^5sq93.

wells, reservoirs, tanks, or dams of a permanent character, available for thc use of cattle or sheep, and which increase the carrying capacity of the land leased, or of substantial ,buildings, vermin- proof or other fences, huts or sheds erected for residence, shearing, or other purposes usually requircd for or in connection with keeping live stock.

*

44. If

thc Minister and the outgoing lessee disagr GC as to what Appeal to Tenants' Relief Board.

improvements should be paid for, the outgoing lessee shall have ^a right of appeal to the Tenants' Relief Board, whose decision shall ^New.

bc final.

45.

All machinery or appliances which, in the opiuion of the Water appliances to be daenied improve-

arbitrators or urnpire making a valuation pursuant to this Act, shall

,,,,,-

be necessary for the purpose of mising, or distributing aftcr raising,

the water, which may be attached or appurtenant to any well, dam, ^{see 57, ib.}

tank, or reservoir to be valued under this Act, including all under and ovcr-ground tanks and troughs, shall be deemed part of such well, dam, tank, or reservoir, and snch arbitrators or umpire shall include such machinery or appliances in their valuation.

46.

The incoming lessee, a t the time and in manner appointed Incoming lessee to recoup Minister

for the payment of the first year's rent, shall pay to the Minister the

,,,,

^.,lmti,.

cost to the Minister, according to a scale to be prescribed, of any

valuation of thc irnyrovcments of the outgoing

lessee

made by the see 58, ib.

hfinister, or to which the Minister shall be a party.

47.

So long as any principal or interest money remains owing ^Iauecs nottodestmy or inj nre improve-

by any lessee for improvements i t shall not be lawful for t,he lessee

B-722 to

62'

& 63' VICTORILE, No.

722.

The

Northern Territory Land Act.-1899,

Iv. to pull down or remove from the land, or knowingly suffer to be

ments while money pulled down or removed, or wilfully or knowingly destroy, damage,

owing for improve-

ments. or injure, or suffer to be destroyed, damaged, or injured, any improve-

ments erccted or made upon the leased land without the consent of

see 69 of 6 8 W . the Minister in writing &st had and obtained. Any person offend- ing aqainst the provisions of this section shall forfeit his lease, and shallbe p i l t y of n misdemeanor and punishable on conviction by imprisonment, with or without hard labor, for any term not exceecl- ing two years.

PART V.

OCCIJPATION BY OUTGOING LESSEE ANPI POSSESSION BY IXCOMING LESSEE.

Outgoing lessee may

48,

If any in tcrval shall elapse between thc determination

occupy run till

reletting thereof. by effluxion of time of a n y pastoral lcasc ailif the comrncnccment of the term of any new pastoral lease of the same lands or an):

See 60 of 585193. part thereof, the outgoing lessee may, on giving thrcc

month^'

written noticc to the Minister of his intcntioil, continue in oecupa- tion of such lands during such interval a t a rcnt conipntcd at the annual rate last payable bv him under his leasc and upon the terms and conditions thereof, except as hereinafter provided.

Outgoing leaace may

49,

The outgoing lessee may also continue in occupation until

rnntinue jnoccupntion

one year after notice in writing shall be given by Or on 1)chalL' of the Minister that

reletting. a new lease of the same lands, or some part thereof, has been granted or arranged, or that thc incoming lessee has paid or duly armnged

See 61, ib., altered,

cf. 69, 601/90. for payment of the amount due for improvenrents, and also for a period nf twelve months from the date of such notice or the ex- piration of the old lease, whichever shall last happen ; but from am1 after the commencenlent of the term of the new lease, and during such continued occupation, the outgoing lessee shall, as regards the lands includccl in s ~ x h ncw lcasc, pay thc rcnt reserved by and observe and perform the terms and conditions of such new lease, and exonerate the incoming lessee t.herefrom.

Outgoing lessee to

5 0 ,

Any outgoing lessee so remaining in occopation shall keep

mabtainimprOye- ments, and pay rent all improvements upon the land in good order and condition to the

therefor. satisfaction of the Minister, and shall allow the incoming lessct, rent a t the rate of fivc per ocnt~xni per annum 011 the amount paid, or to

see ^{6 2 j} ib-~ be paid, by him for the improvements, and also reasonable corn-

pensation for any loss or depreciation in value of such impn~ve- ments. Such compensation &all be fixed h y wlnation between the outgoing and incoming lessee, unless they shall mutoally agree as to the amount thereof within a time to be fixed by the Minister oil the application of either party.

Outgoing lessee to be

61,

The purchase-money payable to an outgoing lessee in

paid for improvements

after giving up respect of improvements shall be paid to him when he shall

possesion. give up possession of thc land, but the Minister shall deduct thcre-

Bee 63, ib, from

62'

&

63O

VICTOKIK, No.

^722.

Th.e Northern Tevriiory _Land Act.- 1899.

from and pay to the incoming lessee the amount payable by the ^{P a w v.}

outgoing lessee for rent, or compensation for loss or depreciation of such improvements as aforesaid.

52,

The nlinister may, at any time, on giving t~velye months' Mjnieter may deter- mine occupation of

notice, after the rxpil-ntiorl of anv pastoral lcasc, determine the

occupation of any outgoing lessee whs shall 1:twfully continuc in by payment for improvements.

occupatio~i of the land f'orinerly includcd in such lease, by paying

to him the amount which would be payable by an incoming lessee ^{see 67} O P S O ~ / ~ O .

as thc price or reduced pricc

f

the improvements.

PART VI. PART ^VI.

RESUMPTIONS.

53,

The Governor may, by notice published in the Gazette and ^Governor may, by notice, resume lands

notice in writing to the lessee, resume possessioil of any leased land, l,,,,a.

and detcwnine the lease in so far as i t 1-elates to the land so resumed

upon or at any time after a date to be specified in such notice : See 6 3 of 6011'90.

Provided that, except for any of the purposes menhiled i n the first See lsor asa,9r,

sub-section of the next following section, no such land shall he resumed during the first ten years of the term of the lcase without the c o n s a ~ t in &tinp of the lessee. Provided also that whenever a n y pastoral lands demiscd after the passing of this Act shall be

pakly resumed, as provided by sub-section ^11. of section 54 of this i of 669196.

Act, it shall bc lawful for the lessee to require the Governor to resume the whole of thc lands comprised in the lease in respect to which notice of such partial rcsumptioa has been given. KO lessee shall be cntitlcd to require the resumption of the whole of the land

See section 14 of

comprisecl in any leasc on account of any partial resumption thereof P a 8 t o d i l l , 1898,

for mining, or for commonage, residential, or other purposes inci- dental to mining.

54,

Where i t is intended to resume any land under this Act- Length of notice to be given. -

I. If the land shall be reqnired for public works, such as rail-

ways, tramways, roads, bridges, public blddings, water see 74 585193*

conssrvatioil works, or the likc, or as a site for a town see oa of 601,90,

or cemetery, or for mining, or for park lands, the date to be specified in the notice shall not be less than three months after the giving of such notice:

11. If the land shall be requ .cd for any other purpose such date shall be not less t an two years after the giving of

the notice.

1

^C

55,

If land included in any lease issued under this Act shall bc? Compensation on

resumed the lesscc shall, subject to the ~rovisions of this Act, be _{Y I} r e s " ~ t i O n .

compensated by the Government for the loss or depreciation in the See lS of 585,13.

value of the lease caused by such resnmption, awl also in respect of such irnlrrovernents as he wbuld have been entitled to pyrn;nt for from an incoming lessee if his lease Iiad expired and the l a i d had been re-let as on the date of the notice of resumption.

56.

I n

62'

& 63' VICTORIJE, No.

7 2 2 .

me

Northem Territory Lam! Act.-1899.

PABT VI.

Certain increased value not to be included.

See 76 of 685193.

Soe 66 of 5001/90.

Time for payment of compensation.

See 77, ib.

Compensation to be determined by valua- tion.

See 78, ib.

Valuations to be made under ^" Arbitration Act, 1891."

Cf. 78 of 556/93.

Clause 78 of Act 686/93.

Date for appointment of valuatora.

Cf. 46 of 1585193.

See 43 of 642195.

Decision of vuluators to be reported.

Ib.

--

56,

In computing the compensation to be paid in any case for loss or depreciation in the value of any pastoral lease no increased value given to such lease by reason of' any public works executed after the granting of such lease shall be included or taken into account.

.

57,

The amount of compensation payable by the Government to any lessee undcr this Act shall be paid within six months after the resumption occasioning the loss or deprecislion, provided the lessee shall then have given up possession of the land resumed.

58.

The amount of compensation to be paid on any resumption under this Act shall, in case of dispute or difference, be dctcrmined by valuation,

PART VII.

VALUATIONS.

59,

Every valuation to be made under this Act shall be made by two arbitrators, of whom one shall be appointed by the Minister and the other by the lessee or other party interested, or in case of a valuation as between outgoing and incoming lessees one arbitrator shrtll be appointed by each lessee, and the provisions of the

"

Arbitration Act, 1891," shall apply to every such valuation, exoept

in so far as sixh provisions may be inconsistent with this Act.

60,

The date for thc appointment of arbitrators shall, in every instance, be fixed by the Minister by notice in the Gazette. If the valuation be for the purpose of detcrmining-

( a ) The compensation to be paid upon any resumption undcr this Act such date shall be not later than thrcc months after the resumption :

( b ) The value of any improvements at thc expiration of any pastoral lcasc? such date shall be not later than six nlonths before the cspiiation of the lease.

61,

The decision of the arbitrators or their umpire shall be reported in writing to the Minister, and to every lessee or other party interested, within three months after the alipoin trnent of the arbitrators, or within such extendcd time as the Ministcr and the lessee or other pasty interested may agree to allow.

P A R T VIII.

SURltENDER O F FORMER PASTORAL LEASW FOR LEASES UNDER THIS AC'I'.

Lessee under existing

62,

Thc lessee under any pastoral lease existing a.t the l ~ a s s h g

lease may aurrender

for

,,,,

^{ei, of this 'AC} t may within three years from the passing thereof, with

~ c t . the consent of the Minister, and in manncr prescribed, srirrender such

62' tk 63' VICTORIW, No.

^722.

The

Northern Territory Land Act.-11399.

such existing lease, and obtain a new leme under this Act of the ^PART Y I I I -

same lands or any p~"tXEt"Pof"F6ri-m%TY1"XmeXn"'g forty-

two years from the date of such surrender. S n y new lease issued Cf. 76 ^501190-

may consolidate several contiguous leases, a t a rent to be agreed upon by the Minister and the lessee, or, failing such agreement, then to be fixed by valuation : Provided that any lessee may, within six months of his receiving notice from the Minister of the term and rent of any proposed new lease, clcct to retain the old lease, and, on notice thereof to the Minister, the surrender of the old lease shall be void.

63.

No such new lcase shall be granted unless the Minister shall. New granted unless certain h a e not to be

be satisfied that the covenants and conditions of the lease have conditions complied

beeu duly complied with. ^with.

Ib.

PART IX.

TENANTS' RELIEF BOARD.

64.

A Board is hereby constituted for the relief of Crown Con8titution.

lessees as hercin provided. ^{See 26 of 642/98.}

65,

Such Board shall be called the Tenants' Relief Board," Name an"ember8-

and shall consist of a Judge of the Supreme Court, to be nominated ^{See 27, ib.}

by the Governor, assistecl by two assessors, onc to be appointed by the Minister and the other by the lessee.

66,

No Crown lease shall be forfeited until after the expiration Crownleases not be forfeited without

of three months from the giving of a notice to the lessee of the notice to lessees.

Minister's intention to forfeit the same. 6ee 28, ib.

67,

Any lcssce upon receiving notice of the Minister's intention Lessee in certain

to forfeit his lease for dcf ault in the observance or performance of

:,",":g:

:&{ ^to any covenant or corrdition therein, other thdn the covenant for pay- againstforfeiture.

ment of rent, may apply, in manner prescribed, to the Tenants' see 299ib.

Relief Board fur relief.

68,

Such Board shall thereupon inform themselves,

.

in such Board 10 coneiaer whether forfeiture

manner as they shall think fit, of all mattcrs affecting the question ought to be enforwd.

as t,o whether or not the forfeiture ought to be enforced, and deter- ^See 30, ib.

mine as they may think fit.

69.

If the 'Board shall consider that the forfeiture ought not to May aeseas compen-

be enforced, they may direct the lessee to pay any compensation, or ^sation.

do any act, within such time as they shall think fit.

70.

Upon any appeal brought by or on the part of any out- Board to investigate

going lessee respecting his irnprovemcnts, as provided under this appeal.

Act, the Board shall inform themsdves, in such manner as they shall think fit, of all matters affecting the question referred to them,

ancl determine as they think fit.

71.

The

The Northern

Territory

_Land Act.-1899.

PART IX,

71.

The Board shall i n each case certify their determination tc

Findbp to be certi- the Minister, who shall notify the lessee there of i n writing.

fied.

See 82 of 642/95.

If lessee pay com-

72.

If the lessee shall, within the timc fixed by the Board,

pensation~md, comply with the directions of the Board, the forfeiture shall not

forfeiture not to take take

place.

So0 33, ib.

In what oases forfeiture may proceed.

See 34, ib.

President and decision.

see 36, ib.

Solicitom excluded.

See 36, ib.

Procedure and evidence.

See 37, ib,

73.

If the Board shall certify that the forfeiture ought to be enforced, or if the lessee shall not within the time fixed comply with the directions of the Hoard, the Minister may, if he shall think fit, proceed with the forfeiture.

74.

The Judge shall preside at all meetings of the Board, and his decision shall be the decision of the Board.

75.

No counsel or solicitor, unless he shall bc the lessee of the lease affected and registered as such, shall be permitted to conduct or appear in any procccding beforc the Board, and no counsel or solicitor shall act as assessor.

76,

All proceedings before the Board shall be conducted in such wanner as the Board shall think fit, and no rules of cvidence shall necessarily be observed.

PART X.

ANNUAL LEASXS AND COMMONAGE LICENCES.

M i ~ t e r m a y grant

77.

The Minister may grant annual leases of Crown lands in-

annual bases. cluded in any hundred upon such tcrms and conditions as may be

of. 75 of 6 o i p o . prescribed or as he shall think fit.

Preference to

78,

If lands included in a pastoral lease arc rcsurncd for thc

outgoing lessee. purpose of being included in a hundred the lessee from whom the

.L I

cr. ^{79 of 601/93,} resumption was made shall, as against all other applicants, have a

8ee 76 of 501/90. preferential right, to be exercised within the time and in manner prescribed, to an annual lease of any part of such lands which shall not be otherwise required or disposed of during such residue of the term of his pastoral lease as was unexpired at the time of the resumption.

Minister grant

79.

The Minister may grant commonage licences for the de-

commona@licencee. pasturing of cattle and sheep on Crown lands included in any

Ib. hundred upon such terms and conditions as may be prescribed, or as he shall think fit.

Commonage.

80.

I n cases where lcascs of pastoral lands have cxpircd, or becn

resumed, and not included in any hundred, and not occupied by the

8eeclause 81 of outgoing lessee in terms of Part V. of this Act, the Minister may

Pastoral Regulatione

of June l ~ t h , 1895. let commonage to any person upon such terms and conditions as hc shall think fit until the land is dealt with, or for any period not

exceeding twelve months. PART

62"

& 63' VICTORIW, No.

^722.

The Northern Tewitory Lmd Act.-1899.

PART XI.

MISCELLANEOUS,

81.

If two or more leases of contiguous pastoral lands, or which are worked together as one run, are held by thc same lessee the Governor may, i f he thinks fit, renew to the lessee the terms of such of the leases-as first expire with a view to the simultaneous cxpiry of all or' such leases: Provided that no such renewed term shall extend beyond three ycars from thc expiry of the original term, and that the rent for the renewed term shall be fixed by the Minister, but shall not be at a less rate than that payable under the original lease.

82.

The Minister shall furnish to Parliament every year a report showing thc names of the lessees to whom he has g r a t e d permission to make improvements, and the approximatc value of such improve- ments.

83.

The proclamation of a hundred so as to comprise lands in- cluded in any pastoral lcase shall not, apctrt from the rcsumption of thc lands pursuant to this Act, affect the lease.

84.

The Minister may give permission to any person to erect gates on any road vested in Her RIajesty, not being a main road or within the limits of any Corporation or District Council, and may let the right of depasturing on such road. Any person injuring or destrop~ng any such gate, or not closing the same, shall for each and evcry such offence be'liable to ⁱⁱ fine of not more than Fifty Pounds, or to imprisonment, with or without hard labor, for any period not exceeding six months.

85.

It shall be lawful for any lessee under any of the Northern Territory Crown Lands Acts to surrender his lcasc a t any time during the currency thereof, and the Governor is herehy authorised to accept such surrender i11 thc name and on behalf of IIer Majesty ; and such surrender shall be in the form and shall be made and executed in the manner prescribed by thc regulations. No surrender shall be of any force ancl effect until accepted by the Governor.

Governor may extend terms of leases to sec?@ simultaneous explry.

Cf. 68 of 501/90.

See 95 of 585/93.

Annual report of improvements permitted.

Bee 96 of 586193.

Proclamation of hun- dred without resump- tion not to affect lease.

See 80 of 685193.

Leasing roads.

Clause 92, Act 686/93.

Surrender.

Clnil~e 171 of Act 444!88.

See clause 87 of Act 585/93.

86.

When any lease shall have been so surrendered i t shall be lawful for thc Governor, in the name artd on behalf of the Crown, to araut a lease or leases of the land com~rised i n such surrendered

New lease.

Clause 172 of Act 444193.

lease to such person or persons as shall be nominated in that behalf by the lessee iurrendeiihg such lease; and every such new lease shall be granted for the unexpired period of the term of, and for the same purposes, and subject to the same terms, conditions, and regulations as the lease so surrendered.

87.

Notwithstanding the forfeiture of any agreement or lease ~ i n i s t e r maprevive

under the principal Act, or any prior Act, the Minister may, when- lease.

ever he deems it expedient so to do, a t the request of the lessee or person

62'

& 63' V I C T O R I E , No.

^722.

PART ^XI.

Cancellation.

Aboriginal reserves may bd leased.

Sec 117, Crown Lands Act, 1888, amended.

Encouragement of meat export.

Regulations.

The Northern Tewitmy 1,and Act.-1899.

person concerned, rescind, and annul such forfeiture, and revive the forfeited lease or agreement upon such terms as he shall think fit.

All rescissions, annulments, and revivals heretofore made by the Minister, and which would have been lawful if made after the passing of this .Act, are hereby declared to be valid.

88.

Notwithstanding anything to the contrary contained in clause 95 in the principal Act, the Governor, at the expiration of three months after the due date for the payment of the rent, if the rent be unpaid, may cancel the lease.

89,

Leases may be granted for any term not exceeding twenty- one years a t such rent and on such terms as the Minister niay think fit of any aboriginal reserves in blocks not exceeding one thousand square miles. Every lease may be subject to a right of renewal so long as it can be shown to the satisEaction of the Minister that the lands therein described are.required for and app1ic.d to the use and entire benefit of the aboriginal inhabitants of the Northern Territory.

90.

For the encouragcinent of meat preserving and b o i h g down and other modes of treating stock for export the Minister may grant perpetual leases of any lands not. exceeding an a i m of one thousand acres, subject to the condition that if within two years after the grant of the lease tne lcssce shall have spent at lcast Two Pounds per acre in the erection on such lands of works suitable for the purpose intended to be encouraged the land shall bc held free of rent, and subject also to sl~Ai other terms and conditions as niay be prescribed.

91.

The power of making regulations and imposing pcnalties conferred by the principal Act shall extend to all such regulations as to the Govcriior shall appcar necessary or advisable for regulating a11 proceedings, matters, ancl things arising undcr and consistent with this Act not herein expl-essly pro~iclcd for. and ot.hcrmisc for fully and cffcctually carrying out and qiving effcct to the purposes and powers of this Act, and against evasions and violations thercof,

I n the name ancl on behalf of Her Majesty, I hereby assent to this Bill.

TENNY SON, G overnor.

THE: