Application of Act. The Crown Lands Amendment Act.-1898. any solicitor, attorney, or agent acting in the lessee's behalf in the particular matter in respect whereof such notice is given, and such notice shall be deemed to have been given on and time shall run from the day of the posting thereof. 19. This Act does not apply to pastoral or mining leases, nor to the Northern Territory. In the name and on behalf of Her Majesty, I hereby assent to THE The Crown Lands Amendment Act.-1898. THE SCHEDULES REFERRED TO. THE FIRST SCHEDULE. South [Royal Arms] Australia. CROWN LEASE (PERPETUAL). Her Majesty the Queen doth hereby lease to A.B., of [address and occupation] all that [here describe land leased] to be held in perpetuity at the yearly rent to be paid in advance on the , commencing the of day of day of 18, and at a further rent of Five Pounds per centum per annum on any rent in arrear, subject to the reservations, covenants, and conditions shortly stated below, and which are more fully set out in "The Crown Lands Amendment Act, 1898." Reservations. 1. There are reserved to the Crown all gold, silver, copper, tin, and other metals, ores, minerals, and other substances containing metals, and all gems and precious stones, coal, and mineral oil, with incidental powers of search and mining. 2. The lessee must Covenants. 1. Enclose the land with a cattle-proof fence before the end of the fifth year of the lease, and II. Keep in good repair all Crown improvements (if any) on the land. And the lessee must not III. Transfer, sub-let, encumber, or mortgage without the written consent of the Commissioner of Crown Lands first had in each case. Conditions. 3. The lease shall be liable to forfeiture in the following cases and no others :— 1. If default be made in payment of any rent in arrear for six months after written notice requiring its payment; or if II. Default be made in the performance of any covenant for three months after notice of its non-performance requiring its performance; or if III. The land shall be transferred, sub-let, or mortgaged without the written consent of the Commissioner of Crown Lands first had in such cases. 4. The land may be resumed by the Crown for mining or for any public work or purpose, full compensation being made to the lessee for his loss. 1. Reservations Except and reserved out of this lease all gold, silver, copper, tin, and other metals, ores, minerals, and other substances containing metals, and all gems and precious stones, and all coal and mineral oils upon, in, or under the said land to Her Majesty the Queen, Her heirs and successors, and all persons lawfully claiming under or authorised by Her or them. And the Commissioner of Crown Lands, and all persons lawfully claiming under or authorised by them, or either of them, shall have full and free liberty of access, ingress, egress, and regress, with or without horses, cattle, carts, drays, carriages, engines, and all other necessary implements and things, into, upon, and from the said premises for all reasonable purposes, and to cut, dig, sink, try, search, work, remove, and dispose of all or any of the said excepted and reserved things, full compensation being made to the lessee for any loss or damage sustained by him. THE The Crown Lands Amendment Act.-1898. THE SECOND SCHEDULE-continued. Reference to the Form in the 2. (1.) Covenant to fence 2. (11.) Covenant to keep Crown improvements in repair Extended Meaning. The lessee will during the first five years substantially fence the boundaries of the said land with a fence or wall ordinarily capable of resisting the trespass of cattle. The lessee will at his own cost during the said term keep and maintain in good and tenantable repair and condition all improvements (if any) the property of the Crown on the land hereby leased. 3. Condition of forfeiture Provided always, and this lease is upon this express condition, that if default shall be made in payment of any rent in arrear for six months after written notice requiring its payment, or if default shall be made in the performance of any covenant on the part of the lessee for three months after written notice of its non-performance and requiring its performance, or if the lessee shall, without the written consent of the Commissioner first had and obtained, transfer, mortgage, encumber, or sublet the premises, or any part thereof, Her Majesty or the Commissioner, after three months' written notice, may re-enter and take possession of the said lands, and it shall be lawful for the Commissioner, before or after re-entry, to cancel and determine this lease, and the said Commissioner may thereupon insert a notice in the Government Gazette declaring this lease to be forfeited, and such notice appearing in the Government Gazette as having been published by the authority of the said Commissioner shall, in all courts and elsewhere, and under all circumstances, be taken to be conclusive evidence that such lease has been legally cancelled and forfeited. 4. Condition of resump- Provided also, and it is expressly agreed, that the Queen tion shall and may at any time or from time to time hereafter resume possession of all or any part of the said land hereby demised for roads, railways, tramways, or for mining purposes, or for any public work or purpose upon the Commissioner giving three calendar months' notice to the lessee by publication in the Government Gazette of such intended resumption, and that immediately from and after the expiration of three calendar months after such notice shall have been given as aforesaid the lease and the demise thereby made shall cease, determine, and be void as to all or such parts of the said lands as shall be mentioned and described in any such notice, anything in the lease to the contrary notwithstanding. Provided that on any resumption the lessee shall be paid compensation for the loss the lessee shall sustain thereby; and, in case of dispute, the amount of such compensation shall be determined by the Land Board, or, at the option of the Commissioner or the lessee, in the manner provided by clause 170 of the "Crown Lands Act, 1888." Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace. [Assented to, December 23rd, 1898.] E it Enacted by the Governor, with the advice and consent of the Parliament of South Australia, as follows: 1. All funds provided pursuant to section 4 of the Act No. Extension of section 634 of 1895, being "An Act to amend the laws relating to 4 of Act No. 634. Vermin," may be applied for the destruction of wild dogs as well as for the destruction of rabbits and foxes. 5 of Act No. 634. 2. All funds provided pursuant to section 5 of the same Act Extension of section may be applied for the destruction of foxes as well as for the destruction of wild dogs. 3. Section 7 of the said Act, relating to the enforcement of laws Extension of section relating to the suppression and destruction of rabbits, is hereby 7 of Act No. 634. extended to the enforcement of laws relating to the suppression of wild dogs and foxes. 4. Section 1 of this Act and section 4 of the Act No. 634 of Application of sec. I of this Act and sec. 4 1895 shall not apply to any District Council until a Proclamation of Act 634. shall have been published by the Governor declaring that the said sections shall apply to such district. In the name and on behalf of Her Majesty, I hereby assent to Adelaide By authority, C. E. BRISTOW. Government Printer, North Terrace. |