VICTORIB REGINB.

ANNO QUINQUAGESIMO SEXTO El' QUINQUAGESIMO SEYTIMO

VICTORIB REGINB.

A.D. 1893.

No. 585.

An Act

relating to Pastoral

Lands.

[Asse~tted to, December 2374 1893.1

BE

it Enacted by the Governor of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and IIouse of Assembly, in this present Parliament assembled, as follows :

PART I. PART ^I.

PRELIMINARY.

1.

This Act may be cited for all purposes as

''

The Pastoral Shorttitleand

Act, 1893," and, &crept so far as inconsistent therewith, shall be incorporation.

incorporated and read as one with The Crown Lands Act, 1888, hereinafter called the ^K principal Act."

2,

This Act is divided into ttvelve parts, relating to the follow- ^{Division of ~ c t} into

ing subject matters : parts.

PART ^I. Preliminary :

PART rr. Constitution of Pastoral Board': - PART ^1x1. Mode of Offering Pastoral Lands :

PART ^IY. Application for and Allotment of Leases:

PART ^v. Terms and Conditions of Leases:

PART ^VI. Improvernent~ :

PART VII. Occupation by Outgoing Lessee, and Possession by

Incoming Lessee : PART

A-686

56" & 5 7 O VICTORIW, No. 585.

-. " -.

IT7ze Pastoral Act.- 18%.

PART 1.

-

^{PART VIII.} Special Ideases to Discoverers, or for Inferior Country.

PART ^IX. Rent Valuations and Re-valuations :

PART

^X. Resumptions :

PART ^XI. Surrender of former Pastoral Leases and Rights for Leases under this Act :

PART ^{XI I.} Miscellaneous.

Repeul.

3,

Sections 6, 7, 8, 9, 10, 11, 12, 24, 2.5, 26, 27, 29, 30, 31, and 32 of ^I' The Crown Lands Amendment Act, 1890," are hereby repealed; but this repeal shall not ilfkct any right, interest, or liability already created, incurred, or existing, nor anything lawfully done or suffered under any enactment hereby repealed ; and any proceeding in respect of anv such right, interest, or liability may be carried on as if this Act h a i not been passed.

Sections 61, 63, 66, 67, 68, 69, 70, 71, 72, 74, 75,

77,

and l 7 0 of the principal Act, and sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 28 of "The Crown Lands Amendment Act, 1890," shall not apply to any lands leased pursuant to this Act, nor to any leases issued under this Act.

Interpretation.

4.

I n this Act-

"

Crown Lands Acts" includes this Act and Act No. 602 of 1890:

''

Board ^" means the Pastoral Boaxd provided fox by this Act:

Pastoral lands " includes all Crown lands not included in any hundred, and also all laiids vested in the Crown and subject to any pastoral lease at thc passing of this Act :

Classes A, B, and

C:

mean the classes into which pastoral lands are divided pursuant to section 6 of this Act:

Classes I., I I., and ³ 11. mean thc classes into which pastoral lands are divided pursuant t o section 56 of tllc principal Act : Run " means the land comprised in any lease under this Act ;

and also contiguous lands, or lands worked togethw as one run although not contiguo~s, comprised in two or more leases under this Act held by the same lessee.

. Power qf granting Pastoral Leases.

Pastoral leases

5 ,

The Governor may grant lcascs for pastoral purposes of any

henceforth to be

e a n t e a y the cum- pastoral lands, but no such lrnse shall hereafter be granted except

missioner. in manner provided by this Act, or for the pul-pose of giving effcct to any right which may be existing at the passing of this Act.

Classification o f Pastoral Lands.

Pastoral landsdivided

6.

For the purposes of this Act, pastoral lands are divided into

into three clasaes.

three classes, as follows :-

Class

56' & 57' VICTOKIW, No. 585.

The Pastoral A c t . 1 8 9 3 .

Class A. including all pastoral lands in Uistrict A, as dencribed ^PART in Schcdulc C: to this Act:

Class R. Including all pastoral lands in District B, as described in the said schedule :

Class C. Including all pastoral lands situate to the south of the twenty-sixth parallel of south latitude, and not included in Class A or B.

PART 11. PART ^11.

CONS'l'1TUTTC)N OF PASTORAL BOARD.

7,

The Governor shall appoint a Board, to be called the Boardmay be appointed.

"

Pastoral Board," to deal with pastoral lands, and to exercise and

discharge the powers and duties hereinafter mentioned.

8,

Such Board shall consist of three members, inclurlling the T o consiataf three members.

Surveyor-General, or if there shall be no Surveyor-General, the Deputy Survey or-General, and

t

^WO other persons not being Civil Servants to be nominated by the Commissiune~, whose remuneration shall not excced Four Hundrcd and Fifty Pounds per annuin each.

9,

The Surveyor-General or Deputy Surveyor-General, as the Chairman.

C ~ S C may be, shall be PX o$icio Chairman of tho Board; hnt if he is not present at any meeting, one of the members present may, with the concurrencc of the other, act as chairman; and failing such concurrence the Comn~issioncr may appoint thc ch;tirnian.

10.

Nominated members of the Board shall hold office for one Term of ofice.

year from date of appointment, and be eligible for re-appointment.

11,

Two members of the I3oard shall be a quorum, ancl may ^Quorum.

exercise and discharge all the powers and duties of the Board.

12,

I n case only two members are present, any matter upon Chairma.n's votins

which there shall be a difference of opinion shall be postponotl for ^power.

considcration by a full Board.

13,

Meetings of the Board may be held as the members may ^Meetinge.

determine, or as the Commissioner may rcqaire.

14, No member of the Board shall be eligible as an applicant, or Mcmbors of Board not to be interested

be interested in any application, for a pastoral lease or the sur- inapplication.

render of a pastoral lease under this Act; and no member shall knowingly hear or deal with any application far a lease, or for the surrender of a lease, in which any partner or relative of'. his is interested.

15,

If any member of the Board act contrary to section 14 in ^Penzlty.

any particular he shall be liable to a penalty not exceeding Five Hundred Pounds.

16.

Any

56"

&

57@ V I C T O R I E , No. 585.

PART XI.

Leaem gfanted contrary to section 1 4 absolutely void.

Members of Parlia- ment not to be on Board.

The Pastoral Act.- 1893.

- -- ^{-- -P}

16,

Any lease granted contrary to section 1 4 shall be absolutely void, except as against a purchaser, not being a partner or relative of the member acting contrary to section 14, who shall purchase bonci

Me

for valuable consideration without notice of the offence having been committed ^; but all premiums or other consideration received by such member, or his partner or relative, from anv such purchaser, shall belong to the Crown, and be recoverable from such member, partner, or relative, by the Commissioner or any person appoiuted by him, by action in any court of competent jurisdiction.

17,

No member of the Legislative Council, or House of Assembly, until he shall have ceased to be a member for at least six months, shall be a member of the I3oard ; and any person while R member of the Board becoming a candidate for either House of Parliament shall cease to be a mcmbem of the Board.

MODE O F OFFERING PASTORAL LANDS.

Boardtofixboundaries

18,

When any pastoral 1:lndu shall hereafter be intended to be

rent of run, and term

eubject to corn- leased the Board shall, subject to the approval of the Commissioner,

missioner's approval. determine the area and boundaries of the land to be included in the lease, the term to be granted, and the rent to be reservecl thereby. All pastoral lands in Schedules A, H, and C shall bc dcalt with by the Board under the provisioris of this Act: Provided that the Board shall not be bound to grilnt a pastoral lease of any land which may be considered suitable for agricultural purposes. I n fixing the size and boundaries of each least, due regard shall be paid to the natural features of the country, and so ^as to utilise the improvements and waters to the best advantage t o each lease as equally as possible.

B I ~ ~ S may be ^S&-

19,

The preceding section shall extend to authorise the sub-

divided. division of lands then or previously included in any pastoral lease, in any manner in which the Board shall think fit, and also the in- clusion of any such lands in one or morc new leases, either alone or with other lands.

Board to fix amounta 20, If -there shall be any improvements on the land intended to

payable f o ~ improve-

to be leased the Board shall, subject to the approval of the Commissioner,

Commissioner's

approval. fix the amount to be paid therefor as hereinafter* provided, dis- tinguishing between the amounts payable to the Crown and to the outgoing lessee.

On expiry of lease

21.

Upon, or within twelve months before, the expiration by

land to be re-offered

under this Act. effluxion of time of any pastoral lease all or such portion of the land comprised in such lease as shall not be required for any other purpose shall be re-offered for lease for pastoral purposes under this Act.

22,

Tfbe

56"

&

5 7 O V I C T O R I E , No. 585.

The Pastoral A c t . 1 8 9 3 .

- - - - - - - .

22.

The Commissioner may, by notice in the Government Gazette, declare that any pastoral lands are open for leasing under this Act,

23,

Thc ~~oticr? shall, besides any othcr particulars the Corn- missioner map think necessary, mention the area and situation of thc land, the tcrm, the annual rent, and the price t o bc paid for the inlpovernents (if any), and to ~ l 1 o m tlrc same is to be paid, and cost of valuation, and shall specify n date, not bcing less than thirty days after the first putdication of the notice, on and after which application S for. leascs may bc rcceivecl.

24. The Commissioner may, by noticc in the Gouer?znzen t Gazette, withdraw any lands declared open for leasing. ant1 may subse- quently, by notice in the Go~xwzrneztt Gazette, again declare the same, or any part thereof, to be open for leasing under this Act.

25.

If any lands shall be rleclarect open fbr leasing, but no applications shall be duly made thercfor within one month after the date specified in the ilotice as afbresaid, or should all applica- tions received be rcjectcd or refused, tlic Commissioner mav, upon giving further notice in tli e G o v ~ r n m m t Gazette, offer such lands a t such rent a n d rcduced pricc for improvements, or at such rechxcwl ^I ent, or reduced price for improvemcr~ts as he may, with the advice of the Board, think proper : Provided that if the improve- m r n t s belong to the lessee the price fur suc'h irriprwwmcnts shall not, except in case of depreciation, bc rcduced unless the rent is reduced proportionately,

PART IV.

AYPLIC14TION FOK AND ALLOrrR/IEN'l' O F LEASES.

243,

L4pplicatio~~s for leases shall be made to the Commissioner in the prcscribcd form. Each application shall be accompanied by

a, deposit equal to twenty-five per cerltum of the first pear's rent, as notified in the Goz;erzzmcnt Gazette.

27.

All applications for or including the same land, received before or on the date specified in t,he Gazette notice, shall he dealt with as sirnrnltaneous applications, and after such date all apyli- cations received on the same day shall be dealt with as simultaneous application ^S.

PART 111.

Declaration that pastoral landa open for leasing.

Psrticulars to be mentioned i n notice.

Lands map be with- drawn from leasing.

Leases unsold may be offered a t reduced rent and lower price for improvement^.

Form of application and amount of deposit;.

Simultaneous appli- cations.

28. Nothing in this Act shall be construed as implying t h a t Lesseeofexpired lease may apply for

any lessee whose lease has expired may not be an applicant for and obtain a new lease of all or part of the lands comprised in his expired lease.

29, All applications shall be referred by the Commissioner t o Applications to be referred to Board.

the Board, who sllall consider the same, and, subject to the approval of thc Commissioncl., shall determine to which applicants leases shall

be granted.

30.

If

PART rv.

When several appli- cants for same land, Board may arrange sub- division

Applications may be refused.

Names of successful applicants to be gazetted.

Successful applicants to execute lease and make payment.

Forfeiture for non- ccrnpliance.

Ynyinent of rent and purchase money to precede execution of lease by Governor.

Term of leases.

56"

&

57O VICTORIAZ, No. 585.

The Pastoral Act.-1893.

". .. - - ^- . -. - - ^a

30,

_If more than one application for or including the s:me land shall be received, the Board may, snbject as aforesaid, arrange with the applicants for ^:I division between them, or any of them, of the land so applied for, and apportion the rent and amount to be paid for improvements upon such subdivision.

31,

No application shall necessarily be accepted, and any appli- cation may be rcjccted.

32,

Notice of the names of the successful applicants, together with particulars of the lands to be leased to them, and the rents and price to be paid for improvements, if any, and ally other particu- lars the Commissioner may think ncccssary, s l d l be published in the Got:ernnzent Gazette. All 1nont.y~ deposited by any nnsrtccessful applicant shall be paid to him within twenty-one days from the time of his application being rejzcted.

33,

Every successful applicant, whose name shall be so gaxetled as aforesaid, shall, w i t h one month after the first publication of such noticc, and in the manncr prescribed, pay the balance of the first year's rent a i d , subject to sections 50 and 51, the purchase- money for the irnprovemcnts, if a n y ; and shall cxccutc the least:

within the time and in manner prescribed.

34,

Jf any successful applicant fails to comply with section 32

he shall forfeit his deposit :111rl all other nlolic'ps paid by him in respect of thc land applicd for or the imlxo;ements thereon, and all right to a lease of' the lands, without prejudice nevertheless to any other rights or remedies thc Crown, or 'the Commissioner, may have against him by reason of such non-compliance.

35,

T h e successful applicant shall not he entitled to have the lcnse executed by tlle Governor until payment of the first year's rent and the purchnsc money for the improvemcnts (if any), unlcss, as regards impr.ovexnents, the property of the C ~ W I I , he shall have obtained the consent of the Commissioner for payment by instal- ments ; or, as regards improvements, the property of the outgoing lessee, a mutual agreement shall have beell entered into as herein-

-

after provided.

PART V.

TERMS AND CONDITIONS

36.

The tern1 of any lease to be granted exceed-

O F LEASES.

under this Act shall not

AY regards Ciasses A and B lands-Twenty-one years :

As regards class C lands-Twenty-one years, with a right of renewal for a second term of twenty-one years.

37.

_Everv

56"

&

57' V I C T O R I E , No. 585.

37,-

Every lease shall be i n a form containing the covenants, ^{PART v.}

exceptions, reservations? and provisions mentionecl in Schedule A Form and

to this Act, subject to auy modifications or additions stated ^ill the conditions-

notice opening &e lands for leasing required by the Commissioner for giving effect to this Act; and every such lease shall be prepared by the Commissioner, and executed in such manner as may be pre- scribed.

38,

No lease granted unclcr this &4ct shall authorise the lessee ^Sudace of land may be utilised to beat

to carry on mining operations of any description wllatsoever upon ^adraobge.

his run, or any part t,hereof, but the lessee shall be a t liberty to utilisc the surface of the land, or any part thereof. fbr pastoral purposes, or for m y purposes he thinks fit.

39.

If any lessee of pastoral land situate in Class C shall desire ~ e n e w a l of lease of

to exercise his right of renewal he shall, not less than twelve months ^{Class C lauds.}

before the expiration of the first tcrin, givc notice in writing of such desire to the Commissioner, w h o s h d l thereupon direct the Board to make a revaluation of the run and c l t e r m h e , subject to the approval of the Commissioner, the to be paid by the lcsscc during the secoxrcl term,

40,

Such re-valuation shall bc completed not less than six months Re-valuation, whento

before the expiration of the first tern, and the Co~nmissioner shall ^{be made.}

forthwith serve upon the lcssce notice in writing of the rent to be paid during such second term, and unless such lessee shall, within four mouths of such re-valuation and in lnanner prcscrjbed, signify to t,he Chmn~ission~r his willingnes~ to accept a rclnewal of his lease for such further term at the rent so notified, he shall be deemed to have absolutely waived all right to ¹¹ renewal thereof, but not his claim for imp]-orements.

41,

^If the. lessee shall tidy signify his ~villinguess to accept the lessee accept terrna

renewal, the Cotn rnissioncr shall notify in the Gooonatnzt Gnr~ite ~ { ~ o ~ ~ ~ \ ~ ~ ~ e t t e d .

the renewal of the lease, and the rent to be paid d u r i n ~ _V the further term, and such other p a r t i c u l a ~ . ~ as lie shall think fit, and shall calzse an instrument of rcnewnl to bc prepared setting out the terms of the renewal, urd such instrument shall be oxecuted in such form, within such time, a n d in such manner as the Commissioner shall approve, or as may be prescribed.

4.2, Iluring thc interval between the notification of renewal and Until execution of

the execution of the instrument by him the lessee shall bbr: bound by

~~~~~~~~~~&~

the terms of such imtrument as if the same had been duly executed

by him.

-

PART VI. PART ^VI.

IMPROVEMENTS.

43,

Within twelve months beforc the expiration by effluxion Taluationofimprove- ments to be made

of time of any lease of pastoral lands granted m d e r this Act, a11 _twelve improvements before expiry of lease.

56" & 57° VICTORIW, No. 585.

Improvements to be valuocl ⁰¹¹ basis of value to incoming leasee.

I n case of disputc, valuation to be made by arbitration.

Date of appointment of arbitrators and of award.

The Pastoral Act.-1893.

improvements, if any, existing upon the land shall be valueci, so far as practicable, in detail, and their positioil indicated on a plan to be prepared by the Commissioner and signed by the Commissioner and outgoing lessee.

44,

No improvement shall be valued at a sum in excess of the value thereof considered solely in connection with its worth to an incoming lessee as part of the irnprovements necessary to the work- ing of a run carrying 5,000 sheep in Class .A, 10,000 sheep in Class B, or 30,000 sheep in Class C, or a proportionate number of cattle, notwithstanding such area map be portion only of the run on which such improvement was made.

45,

If the Commissioner ancl the outgoirlg lesscc shall not within six months before the expiration of the leasc agree us to the walue and position of any such improvements, a valuation thereof shall be.

made by arbitrators, pursuant to the

"

Arbitration Act, 189 1," one arbitrator being by the Commissioner and the other by such lessee.

46.

The date for the appointment of arbitrators shall be fixed by the Commissioner, by notice in the Government G u z ~ t t e , and shall not Fe later than six rnonths before the expiration of the lease.

The decision of the arbitrators or umpire shall be reported in writing to thc C~ommissioncr and the lcssct: thrce months bcforc the expiration of the lease, ^01. within such f~lrtlwr time as the Commissioner may allow.

Outgoing lessee to

receive payment from

47,

Subject to the provisions of this Act, the outgoing lessee

new lessee. shall be entitled to receive from the incoming lessee the value, as so determined, of all irnprovcmonts made or pukhased by him existing upon such portion of the outgoing lessee's run as may be comprised in the new lease.

All purchase-mone~ 48. The purchase-money t o be paid for itupvovernen ts by the

for improvements to

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

instance to the

Commissioner. or not, together with interest at the rate of five per centum per annum, on any amount overduc shall be a debt from the incoming lessee to the Commissioner, payable as hereinafter provided, and recoverable by action in any Court of competent jurisdiction.

Proceeds

49.

The moncys received by the Commissiol~er in respect of im-

ment improvements

to credited to Loan prov~rncnts belonging to the Crown shall be paid by him to the

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

Payments to out- ^"

going lessee.

50.

The moneys received by the Commissioner from the incom-

ing lessee, in respect of improvements made or paid for by the out- going lessee, s l d l be paid over to the outgoing lessee, as herein- after provided, less a11 costs of and incidental to the recovery thereof, and less all proper deductions for rent, depreciation, or otherwise.

51.

If

56" & 57' VICTORIJE, No. 585.

Tile Pastoral Act.--1893.

--- ^{- - -- -p p}

51.

If the improvements to be paid for belong to the Crown, the ^VI- Commissioner may permit the lessee to pay the purchase-money Go~emmcntim-

therefor. with interest, by instalments according to the scale set

" ", F; ;; ;; 9,:

forth in Schedule B ; but in that case the lease shall contain, ^merits.

in addition to the covenants mentioned in Schedule A, covenants by the lessee for the due payment of such instalments, and for the main- tenancc of the improvcmcnts in proper rcpair to the satisfaction of the Commissioner so long as any moneys shall remain owing to the Crown in respect of such purchase-mor~ey or intcrcst as aforesaid ; ancl also a provision that in the event of any instalments being unpaid for thrce months after any day upon which the same ought to he paid the purchase-money then remaining unpaid shall, a t the option of the Commissioner, become instantly due, payable, and recoverable.

52.

If any outgoing lessee entitled to payment for improve- ~ u t outgoing and incoming lessee may

ments, and the incoming lesscc linblo to pay thc same, shall ,,ngeastopaymert

mutually agree touching the amount to be paid to the outgoing for improyemc.nta.

lesscc for thc improvements, and thc time and manner of p a ~ m e n t thereof, and shah, within one month, by writing under i.heh- "hands notify the Commissioiiei~ of snch mutual agreement, in such form and manner as he shall approve, then, and in every such case, the purchase- money for the improvements and all rights of action formerly vested in the Commissioner in respect of such improvements shad1 thence- forth be vested in and enforceable by the outgoing lessee.

53.

Nothing in t , l k Act contained sllall impose upon the Conz- _-- Commissioner not

L

-

bound to recover

missioner any liability to mnkc any paymcnt in respect of any improvemwt moneys

improvements, except as expressly provicled by this Act, or shall or protect improve-

make it incumbent upon the Commissioi~cr, exccpt uDon receiving ^ments.

to his satisfaction a full and sufficient indemnity horn' the outgoing U

lessee, to require pay mcn t for improvements from any incoming lessee, nor to protect any improvements or the interests of any out- going lessee therein, furthcr or otherwise than as the Oonmkinncr, in his discretion, shall think fit.

54,

Xo lessee shall be entitled to m y payment on thc oxpira- Notice of improve- ments.

tion of any lease issusd under this Act, or oa any resumption, in respect of any irnplovements made after the expiration of the first ten ycars of his leas^, unless, before making such improve- nients. he shall have given written notice to the Commissioner, stating tho i ~ a t u r ~ , position, probable cost, and date of completiorl thereof, and such improvcmen ts shall have been sanctiolied by writing under the hand of the Commissioner: Provided that, where it shall not be conveniently practicable to give such notice prior to the making of such improvements, the lessee shall nevertheless bc entitled to payment for such i m p r o v ~ r n ~ n t s if such notice shall have been given with all reasonable dispatch, and if the improvements shall be sanctioned by writing undcr thc hand of the Coltmissioner

55.

No payment or valuation shall be made on any resumption onlycerhinirqprove-

pursuant to this Act in respect of any improvements, nor shall any ments to be paid for.

B-585 improvements

10

56" & 57' V I C T O R I B , No. 585.

The Pastoral Act.-- 1 893.

PART improvements be considered pursuant to this Act, unless the

-- Board shall certify that the same are useful, and were made for the purpose of improving the land for pastoral purposes, or for increasing the carrying capacity thereof, and that the improvc- ments will have such effect, and unless the same shall consist of wells, reservoirs, tanks, or dams of a permanent character, available for the 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 required for, or in connection with, keeping live stock ; and, in ascertaining the amount to be paid for improve- ments for fencing, there shall be deducted the amount (if any) previously deducted or retained in respect of such fencing under any of the Crown Lands Acts.

Meaning,

56.

For the purposes of this Act no value shall be attached to

any improvement in excess of the value which would have been attached thereto by interpreting the word value " in accordance with the definition contained in section 3 of Act No. 422 of 188'7.

Water appliances to

57,

All machinery or appliances, which in the opinion of the

be deemed improve-

menta. board, arbitrators, or umpire making a valuation pursuant to this Act, shall bc'necessary for thc purpose of raising, -or distributing after raising, the water, which may be attached or appurtenant to any well, dam, tank, or reservoir to be valued under this Act, including all under and overground tanks and troughs, shall be deemed part of such well, dam, tank, or reservoir, and such board, arbitrators, or umpire, shall include such machinery or appliances in their valuation.

Incoming lessee to

recoup Commissioner

58.

The incoming lessee, at the time and in tnanner appointed

costs of valuation. for the payment of the first year's rent, shall pay to the Commissioner the cost to the Commissioner, according to a scale to be prescribed, oE any valuation of thc improvements of the outgoing lessee made by the Commissioner, or to which the Commissioner shall be a party, but no cost shall be charged to the incoming iessee for a valuation made by the Board.

Lessees not destroy

59,

So long as any principal or interest money remains owing

or injure improve-

ments while m m y by any lessee for improvements it shall not be lawful for the lessee

owing f o r i ~ r o v e - to pull down or remove from the land, or knowingly suffer to be

ments.

pulled down or removed, or wilfully or knowingly destroy, damage, or injure, or sufkr to be destroyed, damaged, or injured, any permanent building, erection, or water improvement erected or made upon the lease n i t h u t the consent of the Cornmissioner in writing first had and obtained. Any person offending against the provisions of this section shall forfeit his lease, and shall be guilty of a mis- derneanor and punishable on conviction by imprisonmen t, with or without hard labor, for any term not exceeding two years.

PART

56" & 57" VICTORIW, No. 585.

The Pastoral Act.-1893.

PART VII. PART YII.

OCCTTPATION BY OUTGOING LESSEE AND POSSESSION BY INCOMING LESSEE.

60.

If any interval shall elapse between the determination Outgoing lessee may occupy run till

by ~Wuxion of time of any pastoral lease and the commencement rcletting themof.

of the term of any new pastoral lease of the same lands or any part thereof, the outgoing lessee may continue in occupatioii of such lands during such interval at a rent computed a t the annual rate last payable by him undur his lease and upon the terms and condi- tions thereof, except as hereinafter provided.

61.

Every such outgoing lessee may also continue in occupation outgoing leaaee may continue inoccupation

of such lands for a period of not cxcccding twelve months from the ,,, _after commencement of the term of any new lease thereof, b u t so that reletting.

from and after such commencement and during such continued occupation by him: he shall as regards the lands included in such new lease pay the r e ~ l t reserved by and observe and perform the terms and conditions of such new lease, and cxoncratc thc incoming lessee therefrom.

62.

Any outgoing lcsscc so rcrnaiuing in occupation shall keep outgoing leaeee to maintain improve-

all imyrovements npon the land leased in good order rand condition ulente, and

to the satisfaction of the Chnmissioner, and shall allow the in- ^therefor.

coming lessee rent at the rate of five per centum per annum on the amount paid by him for the improvements, and also reasonable compensation, to be fixed by the board, for any loss or depreciation in value of such improvements,

63,

The purchase-money paid by the incoming lessee for the Outgoing lessee to be paid for improvements

improvements shall be paid to the outgoing lcssec when he shall after giving up

give up possession of the land, but the Cornmissioner shall deduct possession.

therefrom and pay to the incqrning lessee the amount payable by the outgoing lessee for rent or compensation for loss or depreciation of such improvements as aforesaid.

PART VIII.

SPECIAL LEASES TO DISCOVERERS OR FOR IN FERIOR LANDS.

$4,

If the Commissioner is satisfied that any person- Leases to discoverers of pastoral countr and to persona a d o g

( a ) Has discovered any pastoral lands in Class C adapted for to

,,

ab&ndonea

pastoral purposes ; or ^runs.

( b ) Has

56" & 57VVICTORI&, No. 585

- - -- -- ^pp --

2%e Pastoral Act.--l 893.

PART -VIII. (6) Has applied for a lease under this Act of land situated in Class-A, B, or C, which, by reason of the presence of vermin thereon, had been previously abandoned, or had remained unoccupied for more than two years ; or of land destitute of natural water ;

the Governor may, notwithstanding that the land applied for may or may not have been declared open for leasing, g r a ~ l t to such person a lease under this Act of all or any portion of the land applied for, at a pepper-corn rental for the krst fire yea,rs, and at an annual rent of One Shilling per square mile for the next five years, and Twoshillings and Six Pence pcr square milefor thc residue of the term, but subject to re-valuation as hereinafter provided, and in all other respects upon the same t e r m and conditions as other leases under this Act: Provided that every lcasc granted pursuant to this Act of land referred to in sub-division ( a ) , shall be fbr fort y-two years without re-valuation, unless as provided in section 66, r~nd with no power of resurnption unless provided in sub-section ^I of section 72.

Principles of fixing ront.

Minimum rent.

PART TX.

RENT YALUATIONS AKD RE-VALUATIONS.

65. I n fixing the rent of a sun, whether originally or by way of revaluation, regard shall be had to-

( U ) The carrying capacity of the land for depastnring by stock :

( h ) The value of the land for agricultural or other purposes : (c) The proximity and facilities of approach to railway stations,

ports, rivers, and markets :

( d ) All other circumstanccs affecting the value of the land to a

lessee.

66,

The annual rent, except as provided by section 62, shall not in any case be less than Two Shillings and Six Pence per square mile of land leased, nor less than TWO Pence per head of sheep, excepting in Class C, where it shall not be less than One Pennp per head of shcep: computed according to the carrying capacity of the run, as determined by the Board, five head of shcep being considered equivalent to one head of cattle, and in every case the board shall fix the rent irrespective of the value of any im- provements which any lessee shall have made or paid for, and which shall not be the property of the Crown,

On renewal of lease

67,

If any lease shall be renewed for a second term of twenty

rent to be varied only

lib- one years, pursuant to this Act, the annual rent to be paid during such second term shall not bc more than fifty per centurn above or below

56" 57" VICTOKIW, No. 585

The Pastoral Act.-1893. ^"

below the rent payable during the last year of the first term of the - PAXT ^{.--. - 1 ~ . ,} lease : Provided that the rent may be increased during such second

term by re-valuation in manner hereinafter provided.

88.

If during the term of any lease or any renrwal thereof, ^{~ ~ ; ~ ~ ~ ~ ; ! t} any railways, waterworks, reservoirs, or other works of' a public works.

nature, shah Le execrrted

bv

the Government on or in the vicinih of a run, and by reason thereofd the value of the run shall, in the o$nion of the Conin~issioner, be enhanced, the Commissioner may direct tlre Board to make a re-valuation of the rim, or arly part thereof ; and the Board shall thereupon n ~ a k e such re-valuation, ancl determine, subject to the approval of the Cornmissioner, the amount, if any, b y which thc rent should be increased, and the dntc from which such increased rent should be payable ; and the Cornnlissioner shall thereupon s m ~ e notice of such increased rent upon thc lcsscc :

69.

No such re-valuation shall bc rctrospcctive or bc made R e - n l u a t i o n n o t t o be retrospective, nor

within five years after the cornrnerlcetnent of the original term, Or mode within certain

of the renewal or secwd term, of the lease, nor within ten years after any previous rc-valuation.

70.

The lessee may, at any time within three months from the Lessee appeal to Commiseioner.

service of such notice, by :lotice in writing, appeal to the Commis- sioner against such re-valuation, and thereupon the matter shall be determined by arbitratcrs pursuant to the "Arbitration Act, 1891,"

one arbitrator being appointed by the Commissioner, alrd the other by such lessee.

71.

The Commissioner slrall notify the lessee of the decision of *ward, andnotice

the arbitrators, and thereupon the rent thereby firrecl shall become ^thereof.

payable, and bc paid at the rate ailcl from the date mentioned in the notice.

72.

If the lessee shall not, within the time and in manner ^{~ ~ ~ ~ ~ ; ~ ~ ~ d ' s} prescribed, appeal against the Board's re-valuation, the increased

rent shall be paid by the lcsscc at the ratc and from the date ,pecified in the notice of increase.

RESUMPTIONS.

73.

Thc Governor may, during the currency of any lease of ^Governor may resum0

pastoral lands, by notice publidled in the Government Gazette and ^{any run,} notice in writing forwarded to the lessee, resume possession of

all or any part of the lands leased and determine the lease in so far as it relates to the land resumed: Provided that, except for any of' thc purposes mentioned in the first sub-section of thc next following

Notice to be given.

Compensation on resumption.

Certain increased valuo not to be included.

Time for payment of compensation.

Valuation by arbit ratore.

56" & 57" VICTORIW, No. 585

The Pastoral Act.-1 893.

following section, no such land shall be resumed during the first ten years of the term of the lease wit.hout the consent in writing of the lessee.

74,

I n all cases of resumption under thie Act-

I. If the land shall be required for public works, such as railways, tramways, roads, bridges, public buildings, water conservation works, or the like, or as a site for a town or cemetery, or for mining, or for park lands, one month's notice of thc intention to resume shall be so given :

1 1 . If the land shall be required for any other purpose one year's notice shall be so given.

75,

^If land included in any lease issued under this Act shall be resumed, the lessee shall, subject to the provisions of this Act, be compensated by the Government for the loss or depreciation in the value of the lease caused by such resumption, and also in respect of such improvements as he would have been entitled to payment for from an incoming lessee, if his lease had expired and the land had been selet as on the date of the notice of resumption.

76,

I n computing the cornp~nsation to be paid in any case for loss or depreciation in the value of any lease granted undcr this Act, 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.

77,

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

78,

The amount of conipensation to be paid on any ksumption under this Act, shall, i n case of' dispute or difference, be determined by two arbitrators, of whom one shall be appointed by the Com- missioner and the other by the party entitled to payment or corn- pensation. The provisions of the ^" Arbitration Act, 18!11," shall apply to every such arbitration, except in so far as such provisions may be inconsistent with this Act. The date for the appointment of arbitrators shall, in every instance, be fixed by the Commissioner by notice in the Government Gazette, and shall not be later than three months after the resumption of the lands ; and the decision of the arbitrators or umpire shall, within three months after their or his appointment, or within such further time as the Commissioner may allow, be reported in writing to the Commissioner and the other party,

Lesseewhoserun has

79.

l f any lands included i n ally pastoral lease shall bc resumed

been resumed to have

right to -ual leases for the purpose of being included in any hundred, the lessee shall have

56" & 5 7 O V I C T O K I E , No. 585.

The Pastoral Act.-1893.

have a preferential claim to an annual lease of any part of such ^{PABT X.}

lands, which slm11 not be otherwise required or disposed of, during such residue of the term of his pastoral lcase as was unexpired at the time of resumption. Every such annual lease shall be granted pursuant to the provisions of section 83 of the principal Act.

80,

The proclamation of a hundred so as to comprise lands in- Proclamationofhun-

&red without resump-

cluded in any pastoral lease shall not, apart from the resumption tion not toaffect lease.

of the lands 'pursuant to this Act, affect the lease.

PART XI. PART ^XI.

SURRENDER O F FORMER PASTORAT, LE ASES AND RIGHTS FOB LEASES UNDER THIS ACT.

81,

Any of the following persons, that is to say- Persons who may surrender leases or

( a ) Any person entitled to, but who has not received, payment

from the Government for improvements on any pastoral lands which were comprised in any expired pastoral lease issued m d e r any of' the Crown Lands Acts :

(b) Any lessee holtling. pastord lands under a pastoral lease issued under any of such Acts :

( c ) Any person entitled under any of such Acts to or holding a lease of any pastoral lands :

who shall be desirous of releasing his claitm to payment by the Government for improvements, or surrendering his lease, or right to a lcasc, as the case Inay be, and of obtaining in cotisideration thereof a pastoral lease of all or part of the same lands under this Act, shall, within three years from the czmir~g into operation of this Act, give noticc in writing to the Commissioner of' snch desire: Pm- vided that this section arid the four next following sections shall not, nor shall a n y of them, apply to any psstoral lands coniprised in Class I.

82.

The Commissioner may refer such notice to the Board, who Surrender notice to be referred to Board

shall forthwith report to him the value of the improvements to pay- _{o report, &c.}

ment for which by the Government such persoil or lessee is, or on the expiration of the existing lcasc would be, entitled, the capacity of the land for depasturing by stock, its value for agricultural or other purposes, its proximity and facilities of approach to railway stations, ports, rivers, and markets, and all other circumstances affecting the value of the claims, lease, or rights of such person or lessee, and shall recommend for the approval of the Commissioner the term for which and rent at which a lease u d e r this Act should be granted to such person or lessee upon his releasing all claims to payment by the Government, or surrendering his existing lease, or rights to a lease, as the case may be: Provided that the Commis- sioner may refuse any renewal of such lease or leases, or any portion thereof.

83,

The

16 ^C

56" & 57' V I C T O R I K , No. 585.

The Pa.siora.1 Act.-1 993.

PART ^XI.

83,

The Commissioner may adopt such recommendations, or alter

Commissioner may . or rary the same as he shnli think fit, and may, at his discretion,

offer new leaaa on cause the ne1.son or lcsscc to be notified of the term for which arid

terms. rent at

which

^{a lease} or leases, under this Act, might be granted in consideration of such release or surrender; and such person or lcssec may ther~upon within three months, or such further time and in such manmr as may 5e prescribed, notify his acceptance of such terms: Provided that the term of any lease so to be granted shall not exceed the unexpirecl period of the surrendered lease and the period limited by section 35 of this Act for lands in the same class, and that the annual rent rescrveci in the lease to be granted under this Act shall not be at s less rate than that payable under the surrendered lease, and shall be liable to be increased or decreased, upon re-valnation, as in the casc of othcr leascs uudcr this Act.

New lease to be

84.

On receipt by the Commissioner of such notice of acceptance

granted onacoeptsnce.

a pastoral lease shall forthwith he granted to and executed by such person or lessee at the rent and for the term mentioned in the Commissioner's notification, and in all other respects on the same terms and conditions as other pastoral leases issued under this Act, and such person or lessee, ss the casc may be, shall. ^$0 far as regards the lands to-be comprised in the ilew lease, be deemed to have-

( a ) Released the Government from all claims and demands which before such notice of acceptance hc had in respect of any improvements upon such lands :

( 6 ) Released and tlischarged the Government from all rights or claims on his part to a lease under any of the Crown Lands Acts :

(c) Surrendered his existing lmsc and all rights, claims, and demands thereunder, whether to conlpcnsation for improve- meuts or otherwise, except his right to s new lease undcv this Act as aforesaid.

New lessee to receive

85,

Thc lesscc unclev any slrch new leasc shall nevertheless be

payment for improve-

ments as i f made entitled to t h e like conlpensation or payment for improvements

during the new l a s e . upon any resumption under this ,4ct, or upon the ~xpiration of his lease, to which an ordinary lessee under this Act would be entitled ^; and for the purposes of 'this section any improv~nlents in respect whereof thc lessee shall have surrellrlered or released his claims as aforesaid, and which may be of the like nature as impro~~cmcnts for which an ordiiiary lessee under this Act mould bc cntitled to com- pensation or payment as aforcsaid, shall be deemed to be irnprove- mcnts pttid for by the lessee at the comrrlencement of his lease.

Leases of contiguous

86. W

hen any pastoral lesscc holds several contignous blocks of

blocks.

land under leases expiring a t different dates, the Governor may, with the advice of the Board, if he deems it expedient, accspt surrenders of such leases and issue a lease or lenses in lieu thereof, expiring at or about the average datc of expiry of such leases, notwithstanding such leases may be in different classes.

87.

No

56" & 57" VICTORIAE, No. 585.

The Pastoral Act.- 18%.

87,

No surrender of any lease hereafter granted, made pursuant ^{PART XI.} - to section 171 of the principal Act shall be of any force and effect Aasent of Governor

unless and until accepted by the Governor. ^{required to} surrender.

PART XII. PART XII.

MISCELLANEOUS.

88,

The Board may, by notice under the hand of the chairman Board may require attendance of

or acting chairman, require the attendance of, and examine upon ^,itneB,, _p,- oath all applicants and other persons, and may require such appli- duction of documents.

cants or persons to produce to the Board all documents in their possession, custody, or control relating to any pastoral land, lease, or other matter or thing whatsoever which may be under the con- sideration of the Board.

89.

All persons whose attendance shall be so required shall be Expensesof witnes~es to be paid by Com-

paid by the Commissioner such witness fees and mileage as would miesioncr.

be allowed for the like attendance as witnesses in an action in the Supreme Court,

90,

Any person whose attendance sllall be so required, and who Penalty for non-

shall not duly attend the Hoard at the time and place appointed in attendance.

the notice, or who shall fail or neglect to produce any document in his possession, custody, or control, of which due notice has been given shall, for every such offence be liable to a penalty of not exceeding Ten Pounds a day for every day on which such offence shall be committed or c0ntinu.e.

91,

Thc provisions of sections 85 to 90, both inclusive, of the Provisione of prinoi-

C ^{pal Act a8} to travel-

principal Act shall extend to all pastoral lessees of lands in Class

,

^l,,

, , , ,

and also to all other pastoral lessees holding under leascs granted on extended to lessees of Class C lands and

or since the seventeenth day of November, one thousand eight hundred and eighty-six, and to all overseers and other persons having the care and management of the lands subject to any such leases.

92,

The Commissioner may give permission to any person to Commissioner may

erect gates on any road vested in Her Majesty not being a main lease roads.

road or within the limits of any corporation or district council, and may l e t the right of depasturing on such road. Any pcrson injuring or destroying any such gate, or not closing the same, shall for each and every such offence be liable to a fine of not more than Fifty Pounds, or to imprisonment, with or without hard labor, for any period not exceeding six months.

93,

The Commissioner, the Board, and any member thereof, Powertoenter leased

and any person authorised by him or them, may a t any time ^lands enter upon any pastoral lands, fbr the purpose of surveying or in- specting the same, or making any valuation, or for any other purpose

C-586 which

I8

56" & 57" VICTORIW, No. 585

The Pastoral Act.-1 893.

PABT m. which the Commissioner or the Board or any member thereof may deem convenient or desirable for the purpose of giving effect to this Act or any of the Crown Lands Acts.

Mmupialanotto be

$4,

For the purposes of this Act, and in all leases or other

deemed vermin.

instruments issued thereunder, the expression vermin shall not be deemed to include wallabies or other marsupials.

Governormwextend

95,

If the leases of any pastoral lands which are held by

terms of leasea to

aecure-ulhneous the same lessee, and which are contiguous to each other, or worked

expiry. together as one run, expire at different dates, the Governor may, if he considers it advisable so to do, and with a view to the simultaneous expiry of the leases, grant to the outgoing lessee a lease under this Act for a further term not exceeding three years, at an annual rental to be fixed by the Board, subject to the approval of the Commissioner, and not being less than the annual rental paid under the previous lease.

Annual report on

improvements. Q$, The Commissioner shall furnish to Parliament every year a report showing the names of the lessees to whom he has granted permission to make improvements and the value of such improve- ments.

Regulations.

97,

The power of making regulations and imposing penalties conferred by the principal Act shall extend to. all such regulations as to the Governor shall appear necessary or advisable for regulat- ing the meetings and proceedings of the Board, and the appoint- ment, retirement, or dismissal of the members thereof, and for all other matters and things arising under and consistent with this Act, not herein expressly provided for, and otherwise for fully and effectually carrying out and giving effect to thc purposcs and powers of this ,4ct, and guarding against evasions and violations thereof.

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

S. J. WAY, Lieutenant-Governor.