An Act to make provision for the Abatement and BE purposes. [Assented to, December 6th, 1923.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I. 1. This Act may be cited as the "Sand Drift Act, 1923." PART I. Short title. 2. This Act shall come into operation on a day to be fixed by Commencement of proclamation. Act. 3. The provisions of this Act are arranged in Parts, as follows:- Arrangement of Act. PART II.-Breakwind Reserves. PART III.--Sand Drifts affecting Public Roads and Public Works DIVISION 1. Sand Drifts affecting Public Roads: DIVISION II.-Sand Drifts affecting Public Works : DIVISION III.-General Provisions. PART IV.--Sand Drifts affecting Private Lands. PART V.-Miscellaneous. PART VI.-Evidence and Legal Procedure. A-1598 4. (1) In PART I. Interpretation of terms. Inspectors. 4. (1) In this Act Sand Drift Act.-1923. Council means a Municipal or District Council: "Crown lands" means and includes all lands in the State exceptI. lands reserved for or dedicated to any public purpose: II. lands lawfully granted, or contracted to be granted, in fee simple by or on behalf of the Crown: III. lands subject to any agreement or lease lawfully granted by or on behalf of the Crown: and includes all lands, which having been granted or held under agreement or lease, have been or are surrendered, or having been reserved or dedicated, have been or are lawfully resumed by proclamation; and all lands which, having been lawfully held by any person for any estate or interest, have been or are lawfully forfeited to or resumed by, or by any means whatsoever have reverted or revert to, the Crown. District " means Municipality or District Council District : "Engineer-in-Chief" means the Engineer-in-Chief for the State for the time being, or the person for the time being discharging the duties of the office of such Engineer-in-Chief: 66 Inspector "means any person appointed by the Governor or a Council under section 5, and includes any inspector in the Local Government Department of the Public Service of the State: "Owner" or "Occupier" includes the authorised agent of any owner or occupier, and every person in receipt of or entitled to rents or profits of any land and every person having the control or management of any land, and also includes a mortgagee in possession: "Public work" means any railway, tramway, drain, or irrigation channel, and includes any other work or undertaking (whether of a kind similar to the works herein before enumerated or not) which the Governor, by proclamation, declares to be a public work for the purposes of this Act: "Sand" includes soil. (2) Any land which is situated within an Irrigation Area continued by or proclaimed under the Irrigation Act, 1922, but not situate within a District shall, for the purposes of this Act, be deemed to be a District Council District, and the Minister of Irrigation shall, for the purposes of this Act, be deemed to be the District Council of such District. 5. (1) Every inspector in the Local Government Department of the Public Service of the State shall, without any further appointment, be an inspector for the purposes of this Act for the whole State, and shall be deemed to have been appointed by the Governor. (2) The Sand Drift Act.-1923. (2) The Governor may appoint any other person to be an inspector for the purposes of this Act for the whole State or for any particular portion of the State. (3) Any Council may appoint any other person to be an inspector for the purposes of this Act for the District of such Council. (4) Every person appointed as aforesaid shall, throughout the area for which he is so appointed, be an inspector for the purposes of this Act, and the exercise by every inspector appointed otherwise than for the whole State of his powers and duties under this Act shall be limited to the portion of the State or the District for which he was appointed. PART I. PART II. PART II. BREAKWIND RESERVES. be set apart as break wind reserves, 6. (1) The Governor may, from time to time, by proclamation, Crown lands may reserve Crown lands as a breakwind reserve for the purpose of abating or preventing any sand drift, and may, in like manner, resume the whole or any portion of any lands so reserved. (2) The Governor may, from time to time, by proclamation, declare that the whole or any part of any lands reserved for or dedicated to any public purpose shall be a breakwind reserve under this Act, and may, in like manner, revoke any such declaration. (3) Section 289 of the District Councils Act, 1914, shall not apply No. 1182 of 1914. to or in respect of any land reserved as or declared to be a breakwind reserve under the provisions of this section. (4) Whenever any Crown lands have been reserved or declared to be reserved as a breakwind reserve by proclamation under subsection (1) or subsection (2) of this section, the Minister may (a) plant such land with Marram or other grass or plants; (b) bush the land or cover the land with seaweed or other substance; or (c) do any other thing prescribed, or may do some or all of these things. 7. (1) The Minister may take and acquire, either by agree- Minister may ment or compulsorily, any lands which may be required for the acquire land for purposes of this Act for the purpose of such lands being reserved purposes of Act. as a breakwind reserve under the provisions of section 6. (2) For the purposes of such taking and acquiring, the Lands Clauses Consolidation Act (except sections 10, 11, 16, 17, 110, 120, 136, and 137 thereof) and all Acts amending that Act, are incorporated with this Act; and for the purposes of this Act the following expressions, PART 11. Sand Drift Act.—1923. expressions, when used in the enactments so incorporated, shall have the following meanings, namely:---"The promoters of the undertaking" shall mean the Minister; "the Special Act" shall mean this Act; and "the bank" shall mean any bank carrying on business in the said State in which trustees are by law permitted to deposit their trust funds: Provided that for the purposes of section 13 of the Lands Clauses Consolidation Amendment Act, 1881, there shall be deemed to be no special Act, and that, notwithstanding anything contained in any of the said incorporated enactments, the powers of acquiring land under this Act may be exercised without any limit as to time. PART III. DIVISION I. The Council may require land to be planted, &c., to abate or prevent sand drift. Cf. (W.A.) 51, 1919, s. 4. Council may, to prevent sand drift, forbid land to be cleared. PART III. SAND DRIFTS AFFECTING PUBLIC ROADS AND WORKS. 8. (1) Whenever it appears to any Council that there exists on any land in its District (not being Crown lands) any sand that is drifting on to or is likely to drift on to any public road, whether within or outside its District, the Council may, by notice in writing given to the owner of the land, and also to the occupier (if the owner is not the occupier), require him or them within a reasonable time to take such of the following measures as the Council shall think fit to abate or prevent such sand drift, that is to say (a) to plant the land with Marram or other grass or with any specified plants: (b) to bush the land or cover the land with seaweed or other substance: (c) to do any other thing prescribed. (2) Any notice given by the Council under or pursuant to this section shall be under the hand of the Mayor or Chairman or Clerk thereof, and shall specify the period for compliance with such notice, and the measure or measures to be taken by the person or persons to whom such notice is given. Such notice may specify different measures with respect to different areas of the land. (3) If any of the requisitions of any notice given under or pursuant to this section is not complied with to the satisfaction of the Council within the period specified in the notice for compliance therewith, every owner or occupier to whom such notice has been given shall for every day on which any such requisition is not complied with, be liable to a penalty not exceeding One Pound. 9. (1) Whenever it appears to any Council that there exists on any land in its District (not being Crown lands) any sand, which, if such land is cleared, fallowed, cultivated, or grazed, is likely to drift on Sand Drift Act.-1923. on to, or to drift in greater quantities on to, any public road, whether within or outside its District, the Council may, by notice in writing given to the owner of the land and also to the occupier (if the owner is not the occupier) require him, for a period to be specified in such notice, to cease or refrain from clearing, fallowing, cultivating, and grazing such land, or any specified part thereof, or from doing any of such things. (2) Any notice given by the Council under or pursuant to this section shall be under the hand of the Mayor or the Chairman or the Clerk thereof. Such notice may require the person or persons to whom it is given to cease or refrain from doing different things with respect to different areas of such land. (3) If any of the requisitions of any notice given under or pursuant to this section is not complied with to the satisfaction of the Council during the whole of the period specified in the notice for compliance therewith, every owner or occupier to whom such notice has been given shall be liable, for every day on which any such requisition is not complied with, to a penalty not exceeding One Pound. 10. (1) Any notice given under or pursuant to section 8 or section 9 may, in addition to the requirement of the things mentioned in the said sections, require the person or persons to whom such notice is given, within the period to be specified in such notice in that behalf, to fence the land in respect of which such notice is given, or any specified part thereof, so as to secure such land or part against the trespass of stock of any or every kind. (2) If any such requisition to fence contained in any such notice given under or pursuant to section 8 or section 9 is not complied with to the satisfaction of the Council, within the period specified in the notice for compliance therewith, every owner or occupier to whom such notice has been given shall, for every day on which any such requisition is not complied with, be liable to a penalty not exceeding One Pound. PART III. DIVISION I. Owner or occupier may be required to fence sand drift. land not within a 11. (1) With respect to any land not situated within any District, With respect to the Minister shall have and may exercise the same rights, District, Minister powers, discretions, and authorities as a Council has and may to have powers of exercise under sections 8, 9, and 10, with respect to land situated Council. within its District. (2) Any notice given by the Minister under or pursuant to the said sections may be under the hands of the Engineer-in-Chief. (3) If any of the requisitions of any notice given under or pursuant to this section is not complied with to the satisfaction of the Minister within the period specified in the notice for compliance therewith or during the whole of the period specified in the notice for compliance therewith (as the case may be), every owner or occupier to whom such notice is given shall, for every day on which any such requisition is not complied with, be liable to a penalty not exceeding One Pound. 12. (1) If |