ANNO DUODECIMO GEORGII V REGIS. A.D. 1921. No. 1488. An Act to provide for the Extension of the District of the Lyrup Village Association, and for other purposes. BE [Assented to, December 7th, 1921.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: 1. This Act may be cited as the "Lyrup Village Association short title. (District Extension) Act, 1921." 2. This Act is incorporated with the Crown Lands Act, 1915, Incorporation with and that Act and this Act shall be read together as one Act. Crown Lands Act, 1915. 3. In this Act the expression "the Association " means the Lyrup Definition of Village Association. Extension of District and Subdivision of Land. Association." 4. The land shown on the plan in the Schedule hereto, and therein Addition of land to colored pink, is hereby added to the District of the Lyrup Village district. Association. 5. (1) Out of the said land the Commissioner shall set apart for How lands to be the purposes of this Act (a) such land as he thinks fit for horticultural purposes; and (b) such land as he thinks fit for the purpose of the construction of irrigation works. (2) The remaining portion of the said land shall be set apart by the Commissioner for agricultural purposes, and is hereinafter referred to as "commonage lands." (3) The subdivided. Plans of new works Lyrup Village Association (District Extension) Act.-1921. (3) The Commissioner shall cause the lands so set apart to be subdivided as follows: 1. The horticultural lands into nine blocks (hereinafter referred to as "horticultural blocks") of as nearly as practicable equal unimproved value; and II. The commonage lands into one or more blocks of such area as he determines. Construction of Irrigation Works and Financial Arrangements. 6. The Commissioner shall, in collaboration with the Board of and improvements. the Association, cause to be prepared plans and specifications of the irrigation works and improvements which are necessary to be constructed in order to bring under cultivation and irrigation the horticultural blocks set apart under this Act. Association to 7. (1) The Association shall cause such works and improvements carry out works and to be carried out in accordance with such plans and specifications. improvements. Financial arrange. ments. Advance to be a tion property. (2) The Commissioner may, at the request of the Association, carry out such works and improvements at the expense of the Association. 8. The moneys required for the purpose of carrying out such works and improvements shall be provided as follows: I. The Commissioner may, notwithstanding the provisions of section 114 of the Crown Lands Act, 1915, advance to the Association a sum not exceeding Six Thousand Five Hundred Pounds: II. Any further moneys required for such purpose shall be provided by the Association. 9. (1) Subject to the provisions of section 10 of this Act, the sum charge upon Associa- advanced by the Commissioner to the Association shall be a first charge upon all the property of, and shall be deemed a debt due by, such Association to the Commissioner. Such amount shall be paid to the Commissioner by such Association by forty-two equal annual payments, together with interest at the rate of six per centum per annum on the balance for the time being remaining unpaid. The first payment shall be made at the expiration of twelve months from the date of the making of the advance. Such amount and interest are hereinafter referred to as "the sum advanced ”. (2) If and so often as the Association fails to duly make such annual payment, the same shall be recoverable from the members thereof, each member being liable to pay a proportion thereof to be ascertained by dividing the amount of such annual payment (or the unpaid balance thereof) by the number of members of the Association Lyrup Village Association (District Extension) Act.-1921. Association at the time when the default occurred. Such proportion shall also be a charge upon the block of each such member, subject only to the charge created by subsection (1) hereof. 10. (1) Upon a lease being granted of any horticultural block Liability of lessees set apart under this Act, but only whilst such lease, or any lease for proportion of granted in substitution therefor, continues— (a) the liability of the Association in respect of a proportion (2) The proportion to be paid by a lessee shall be a.sum which bears the same proportion to the sum advanced as the area of such lessee's block bears to the total area of the horticultural blocks set apart under this Act. upon loan. 11. The sum to be paid by a lessee shall be a first charge How lessee's proporsuch lessee's block, and shall be deemed to be a debt due by tion to be paid. the lessee for the time being to the Commissioner, and shall be paid to the Commissioner by the lessee by forty-two equal annual payments, together with interest at the rate of six per centum per annum on the balance for the time being remaining unpaid. Such instalments shall be paid on the days on which the Association would have been liable to pay the same if the lease had not been granted. 12. The instalments required by sections 9 and 11 to be paid by the Association and the lessee respectively shall be considered as accruing from day to day, and when an event, upon the occurrence of which the liability of the Association or the lessee (as the case may be) to pay such instalments is transposed, occurs on any day other than a day upon which an instalment becomes due, the next instalment becoming due after the occurrence of such event shall be apportioned as between the Association and the lessee accordingly. Apportionment of instalments as between lessee and Association. 13. The moneys required for the purposes of this Act shall be Financial provision. paid out of moneys to be provided by Parliament for such purposes, Leases. cultural blocks. 14. (1) The Commissioner may lease any horticultural block set Leases of hortiapart under this Act to any person who is eligible for membership of the Association, and thereupon such person shall be deemed for Cf. Crown Lands all purposes to become a member of the Association. (2) Notice shall be given in the Government Gazette that any unleased blocks are open to application, and such notice shall contain such particulars as the Commissioner thinks proper. (3) The blocks shall be allotted by the Land Board. Act, 1915, s. 100. (4) No Commonage lands. Application of Lands Act, 1915. Lyrup Village Association (District Extension) Act.—1921. (4) No person shall hold more than one of such blocks, and every lessee shall hold his block for his individual use and enjoyment. (5) The Commissioner may, on granting a lease, obtain from the lessee such premium (if any), not exceeding the sum of Ten Pounds, as he thinks fit, and such premium shall be the property of the Association. (6) All unleased horticultural blocks shall be under the control of the Association, and the Association shall keep all improvements thereon in good repair. 15. The commonage lands shall be leased to and held by the Association on perpetual lease. 16. Without limiting the effect of the incorporation of this Act with the Crown Lands Act, 1915, all the provisions of Part VIII. of that Act shall, mutatis mutandis, so far as they are not inconsistent with any provision of this Act, apply to and in respect of the lands hereby added to the District of the Association, in all respects as if such lands had formed part of the reserved lands referred to in the said Part VIII. In the name and on behalf of His Majesty, I hereby assent to PLAN. Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |