South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
4. Interpretation
4A. Adjacent lands
4B. Transitional provisions
4C. Grant etc of Crown lands by Governor without advice and consent of Executive Council
PART 2--Powers of the Governor and the Minister to deal with Crown lands and dedicated lands
5AA. Power of the Governor to grant Crown lands and to resume certain dedicated lands
5AB. Payment of premium where lands are freed from restrictions or trusts
5. Minister's powers to deal with Crown lands
5A. Effect of extinguishment of easement rights
6. Form of grants, leases etc
6A. Form of grants
6B. Effect of conveyance of Crown land to the Commonwealth
PART 3--Further powers of the Minister
9. Further powers of the Minister
9A. Delegation by Minister and Director
PART 4--The Land Board
Division 1--Constitution
10. Continuance of the Land Board
11. Constitution of the board
12. Appointment of members
13. Term of office
14. Appointment of chairman and deputy chairman by Minister
15. Quorum
16. Meetings of board
17. Member of board not to be interested in application
Division 2--Powers of board in addition to all other powers
18. General powers of the board
18A. Power of delegation for board
19. Access to land etc
19A. Access to documents in possession of public authorities
20. Valuation made by chairman or member to be effectual when confirmed by the board
21. Powers of board to require evidence to be on oath
21A. Valuation for Minister etc
PART 5--Perpetual leases and agreements
Division 1--The offering of Crown lands
22. Offering of Crown lands on perpetual leases, or agreements
22A. Allotment of marginal lands
22B. Allotment of land less than living area
Division 2--Classification of lands, and applications
23. Notice of land being opened
24. Applications
26. Reference of all applications to the board
27. Simultaneous applications
30. Power of Minister to offer lands not taken up on reduced terms
32. Power of corporations and district councils to apply
Division 3--Perpetual leases
33. Rent under perpetual leases
35. Form of perpetual leases
37. Liability to land tax of perpetual leases not subject to re-valuation
38. Fixing of subsequent rent
39. Improvements not to be considered on revaluation
40. Notice of revaluation to be given
41. Lessee not accepting revaluation to forfeit at expiry of then current fourteen years of his lease
Division 3A--Perpetual leases of town lands
41A. Offering of Whyalla land on perpetual lease
41B. Applications and allotments
41C. Form and conditions of lease
41D. Purchase of fee simple of Whyalla town lands
41E. Application of other provisions to leases of town lands
41F. Application of sections 41A - 41E to Leigh Creek
Division 4--Agreements (under this
PART )
42. Agreement to contain covenant to purchase by instalments
44. Form of agreements
46. Agreement liable to forfeiture for breach of covenant
PART 6--Provisions applicable to leases and agreements
47. Minimum rent or instalment
48. Rates of instalments and rent under agreements and leases, where Minister directs that this section shall apply
49. Power in certain cases to surrender existing agreement or lease for agreement or lease under section 48
50A. Power to extend agreement
51. Lands suitable for pastoral purposes only
52. Preparation and execution of lease or agreement
53. Power to resume land for certain purposes
58. Penalty to be added to overdue amount under lease or agreement
59. Forfeiture of lease or agreement
60. Instead of forfeiture, a penalty may be imposed
61. Defaulting purchaser's or lessee's interest in land may be sold by auction
62. Liability of purchaser for future defaults
63. Power to execute transfer of interests sold
64. Service of notices
65. Duty of lessees and purchasers not to impound in certain cases
66. Statute of limitation no bar to action
66A. Power to add parcels of land to leases and agreements
66B. Power to add parcels of land to existing certificates of title
PART 6A--Special development lands
66C. Definition of lease
66D. Special development lands
66E. Leases of special development lands
66F. Excluded areas
66G. Powers of board in connection with leases
66H. Application of the Act
PART 7--Leases other than perpetual
Division 2--Miscellaneous leases
77. Miscellaneous leases
78. Allotment of land, covenants and provisions in leases granted under section 77
78A. Renewal of miscellaneous lease by written notice
78B. Life leases for certain shacks
Division 3--Various
79. Education lands to be dealt with by board
PART 8--The Lyrup Village Settlement
Division 1--Interpretation and application
82. Interpretation
83. This Part to apply so far as repealed Acts not exhausted
84. Passing of this Act not to affect operation of Irrigation Act
Division 2--Constitution of the Lyrup Village Association
85. Continuance of Lyrup Village Association
86. Association not subject to Corporations Act 2001
87. Lands to be set apart and subdivided
88. District of association
88A. Horticultural blocks
89. Determination of district and leases
Division 4--Leases
94. Determination of occupation and grant of lease
96. Rent
99. Covenants etc in leases
101. Power to forfeit lease
Division 6--Management of the association
105. Management
106. Payment of contributions
107. Restriction of further advance to association
107A. Advances to association
110. Management of commonage lands
111. Accounts and audit
112. Annual report
113. Service of proceedings on association
114. Annual instalments of charge and irrigation expenses recoverable by distress
115. Public inspection of rules and accounts
116. Rules
PART 9--Homestead blocks
Division 1--Acquirement and re-offering of lands
118. Transfer of homestead blocks
Division 2--Leases and agreements
122. Lease or agreement may be granted of more than one block
123. Receipts for rent or instalments to constitute holding title
Division 3--Protected homestead blocks
125. Effect of endorsement
Division 4--Special provisions
129. When blockholder may assign or sublet
Division 5--Agreement or lease on surrender
130. Homestead lease may be surrendered for agreement or perpetual lease
PART 10--Closer settlement
Division 1--Power to acquire lands
144. Acquisition of land by repurchase
145. Acquisition of land compulsorily
146. Registrar-General to make necessary entries and cancel certificates of title
146A. Part to cease to apply to closer settlements within Murray-Darling Basin
Division 2--Compulsory acquisition of lands
147. Interpretation
148. What lands to be deemed to be adjoining lands
149. Division to apply notwithstanding Real Property Act 1886
150. Incorporation of the Compulsory Acquisition of Land Act 1925
151. Power to acquire lands (other than large estates) which are subject to Crown leases
152. Acquisition of large estates and lands adjacent to River Murray
153. Acquisition of lands required for working lands adjacent to River Murray
154. Land irrigable by waters from the River Murray
155. Land requiring drainage
156. Preliminary notice of intention to inspect
157. Power to enter land for inspection
158. Notice of intention to acquire
159. Duties of Registrar-General to note in register-book
160. Effect of notice to bind all persons interested
161. Rights of owner to reserve land not exceeding forty thousand dollars in value
162. Rights of owner to require whole estate to be taken
163. Mode of acquiring the land
164. Copy of proclamation to be furnished to Registrar-General
165. Price to be determined by arbitration failing agreement
166. Price
167. Award of arbitrators and right of appeal to Supreme Court
168. Service of notices
169. This Division not to apply to town lands
Division 3--Purchase of land by arrangement
170. Purchase of land by arrangement with intending settlers
170A. Purchase of land for allotment to one settler
170B. Loans for schemes of closer settlement
Division 4--How acquired lands to be dealt with
171. How land acquired is to be dealt with
172. Power to postpone allotment of closer settlement lands
173. Occupation of lease of lands acquired, pending execution of drainage or other improvements
Division 5--Agreements for sale and purchase
174. Covenants to be contained in the agreement
174A. Provision in case of undeveloped land
175. Terms and covenants in certain cases
176. Power to extend existing agreements to term not exceeding sixty-four years on recommendation of board
176A. Power of board to capitalise arrears of interest on agreement
178. Form of agreement
179. Execution of agreement
182. Lands unallotted may be let
183. Power of lessees of certain perpetual leases to surrender for agreement under this Act
184. Power to surrender miscellaneous lease
185. Power to surrender agreement as to lands purchased after 18th December, 1902
186. Power of holder of existing agreement to pay part of purchase-money in advance
187. Reservations as to growing timber
188. Application of payments
189. Statement to be laid before Parliament
190. Power to fix annual rate of interest on closer settlement lands
Division 6--The collection and recovery of rents
191. Receiver of rents
192. Action may be maintained in the name of the receiver
193. Extension of time for payment
195. Forfeiture
196. Power to cancel lease or agreement liable to forfeiture
197. Returns of cancellations to be placed before Parliament
Division 7--Special provisions with regard to closer settlement lands
199. Surrender of agreement for perpetual lease
201. Power to grant privileges under section 199 may be granted notwithstanding rent in arrear
202A. Power to re-sell or let surrendered lands
PART 11--Surrenders
204B. Acceptance of surrenders
205. Power of lessee to surrender his lease
206. Surrender for new lease
207. Power to surrender agreement
207A. Power to deal with surrendered lands
208. Surrender of agreement for new agreement
208AA. Provisions on surrender
208A. Rights of surrender of mortgages etc
209. Lands under any tenure may be surrendered
209A. Surrender of lease or agreement for marginal land lease
210. Power of lessee to surrender for perpetual lease or agreement
211. Mode of obtaining perpetual lease or agreement
212. Power of lessee to surrender lease and purchase the fee simple
213. Annual statement of surrenders disallowed
215. Conditions of agreement or lease obtained in lieu of homestead lease
217. Powers of trustees and executors
218. Appeal from first decision of board
219. Power of lessee to apply to surrender from time to time
221. Surrender of agreement for lease
222. Surrender of agreement or lease of a small estate
223. Surrender of several leases or agreements for one lease or agreement of the same class
224. Saving of estates and interests in surrendered lands
PART 12--Transfers
225. Leases and agreements may not be transferred, assigned or sublet without consent of the Minister
226. Non-validity of agreements to transfer etc leases and agreements
227. Prohibition against transferring or subletting without consent to extend to every form of alienation without consent
227A. Mortgage of lease or agreement not alienation
PART 13--Sales of lands, granting of sites for buildings
Division 1--Sales of lands
228. Certain lands may be sold by auction
228A. Sale of lands etc by auction on agreement for sale and purchase
228B. Grant of Crown lands to certain Government or local government authorities
228C. Fee simple may be granted to licensee in certain cases
229. Power of Minister to fix upset and reserve prices
230. Lands to be gazetted before auction
231. Purchase-money of lands sold for cash, how payable
232. Unselected or unsold Crown lands within hundreds to remain open
232A. Town lands at Whyalla
232B. Application and payment
232C. Reference of applications to the board
232D. Simultaneous applications
232E. Gazettal of successful applicants
232F. Board may re-offer land not taken up
232G. Sales by auction of blocks not allotted
232H. Conditions
232I. Allotment of blocks to employers for employees' dwellings
232J. Application of other sections of this Act
234. Town land may be sold subject to condition against alienation for six years
234A. Building conditions in town blocks
234B. Refunded purchase moneys
235. Limitation of number of town allotments that may be purchased
236. Agreement preventing fair competition at auction to be void
Division 3--Granting of sites
241. Power to grant sites for public and charitable purposes
242. Purchase-money for site to be paid on application
243. Lease or agreement to be read as excepting the granted land
PART 14--Licences
244. Licences may be granted
244A. Conditions in licences
245. Minister may limit licences
246. Term and conditions of licence
PART 16--Miscellaneous
249. Powers of forfeiture, acceptance of surrender, and resumption of agreements and leases to be exercised by Minister
249B. Leases etc containing condition of personal residence deemed not to contain such condition
249C. Waiver of covenant to clear vegetation
249D. Consent of Minister not required to encumbering or mortgaging of leases and agreements
249E. Incoming lessee liable for outstanding amounts upon transfer of lease
250. Minister to have care, control and management of dedicated lands in certain circumstances
251. Right of commonage
251A. Power of the Minister to lend on mortgage
252. Disability of persons under eighteen to hold agreement, lease, or licence
252A. Liability of executors and trustees under leases and agreements
253. Duties of Crown lands ranger
254. Powers of district council rangers
255. Crown lands ranger may make claim or entry
256. Power to impound cattle trespassing and to destroy pigs
257. Unbranded wild cattle belong to the Crown
258. Exemption of leases, agreements and licences from stamp duty
259. Annual payment of rent
260. Power of acquisition
261. Power of Minister to resume land set apart as site for town
261A. Duty of Registrar-General
262. Provision of moneys for purposes of sections 260 and 261
262A. Power to dispose of surplus lands
262AA. Power to dispose of dedicated lands which have been resumed by Crown
262B. Power to dispose of material, plant, and equipment
263. Provision for preservation of timber
263A. Provision for soil conservation reserves
263B. Overstocking
263C. Covenant for insurance
264. Completion of purchase under lease with right of purchase or agreement obtained on surrender
265. Right of purchase not exercisable until conditions have been complied with or equivalent improvements made
265A. Cancellation of lease or agreement where holder abandons land
265B. Power of Minister to manage blocks
266. Repeated notice of breach not necessary before forfeiture
267. Land grant to be noted as subject to interest
268. Cancellation of muniments of title when grant cancelled or land reverts to Crown
269. Registrar-General to make necessary entries in registers
271. Proclamation valid for all purposes
271A. Powers of Minister as to reverted lands
271C. Gifts of land for the benefit of soldiers
271D. Transfer of land to Minister
271E. Lease granted under Irrigation Act deemed to be lease under this Act in certain circumstances
271F. Liability of Crown in relation to Crown lands
PART 17--Offences and penalties
272. Unauthorised occupation or use of Crown and other property
273. Delaying with travelling stock
274. Depasturing cattle etc
275. Injuring or removing timber, metals etc without licence
276. Injuring or removing land marks
277. Injuring monuments etc on Crown lands
278. Obstructing roads and ways
279. Leaving gates open
280. Obstructing authorised persons from carrying out powers
281. Any money or reward received under any illegal agreement to be forfeited, and recoverable by anyone suing for the same
282. Making illegal agreement
283. Offering to enter into void agreements etc
284. False statement as to commonage
285. Forgery and uttering an offence
286. Perjury
287. Fraud or false representation
PART 18--Regulations
288. Regulations
PART 19--Arbitration, evidence, legal procedure etc
289. Valuation for compensation to be determined by the Land and Valuation Court
290. Declarations, how to be made
291. Parties compellable to give evidence, but not to be prosecuted in certain cases
292. Gazette evidence of facts stated therein
293. Burden of proof
294. Who may lay complaint, and hearing of same
294A. Actions for trespass in local court
295. Penalties
295A. Appropriation of payments
296. Treasurer may provide for costs of officers
297. Protection to persons acting in execution of this Act
SCHEDULE 3--Form of perpetual lease
SCHEDULE 4--Extended form of reservations, covenants, and conditions of perpetual lease
SCHEDULE 5--Terms and conditions in agreement
SCHEDULE 9--Terms and conditions to be contained in agreement
SCHEDULE 10--Land added to the Lyrup Village Association District
SCHEDULE 12--Form of perpetual (special development) lease
SCHEDULE 13--Extended form of reservations, covenants and conditions of perpetual (special development) lease
Legislative history