The Gold Dredging Act.-1899.

IV. For carrying out and giving force and effect to the various objects and purposes of this Act.

Such regulations shall be subject to the approval of the Governor and shall, after approval, be published in the Government Gazette, and have the force of law, and copies of such regulations shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament be then in Session, and, if not, then within fourteen days after the commencement of the next Session thereof: Provided that if either the Legislative Council or House of Assembly shall dissent from any regulation or regulations so made such regulation or regulations shall thereupon cease to be valid.

Proviso.

covenants.

8. The Minister may, at any time before breach thereof, suspend, Remission of or wholly or partially remit, all or any of the covenants and conditions contained in any lease, in any case where he is satisfied that Mining Act, 1893, by reason of special circumstances it would be impossible to comply with, or would inflict great hardship upon the lessee to enforce, such covenants or conditions.

A return of all such remissions, with the reasons therefor, shall be annually laid before Parliament within one month after the opening of Parliament for the dispatch of business.

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

sec. 96.

PART I.

Interpretation.

See 55 of 585/93.

Rates and taxes.

Act 669 of 1896.

Repeal.

The Northern Territory Land Act.-1899.

PART VI.-Resumptions:

PART VII.-Valuations:

PART VIII.-Surrender of former Pastoral Leases for Leases

under this Act:

PART IX.-Tenants' Relief Board:

PART x.-Annual Leases and Commonage Licences.

PART XI.-Miscellaneous.

3. In this Act, except where the subject or context requires a different construction

66

Improvements" means and includes wells, reservoirs, tanks, or dams, of a permanent character, available for the use of cattle or sheep, and which increase the stock-carrying capacity of the land, or 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:

"Outgoing lessee" means a person whose pastoral lease is about to expire, or has recently expired, whether such lease was granted under this or any other Act:

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

"Pastoral lease" means a lease of pastoral lands, whether granted under this or any other Act:

"Prescribed" means prescribed by this Act or any regulations under this Act:

"Proclamation" means Proclamation by the Governor in the Gazette:

"Run" means the land comprised in any lease under this Act, and also contiguous lands, or lands worked together as one run, although not contiguous, comprised in two or more leases under this Act held by the same lessee.

4. No express covenant for payment of rates and taxes shall hereafter be inserted in any Crown lease; but this Act shall not relieve any lessee from any liability for payment of rates and taxes imposed or to be imposed by or under the authority of any Act imposing general taxation.

5. Sections 59 to 76, both inclusive, of the principal Act, and section 5 of the Northern Territory Crown Lands Amendment Act, 1896, are hereby repealed; but this repeal shall not affect any right,

interest,

The Northern Territory Land Act.—1899.

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 any such right, interest, or liability may be carried on as if this Act had not been passed.

PART I.

not to apply.

6. Section 92 of the principal Act shall not apply to any lands Section 92 of 501/90 leased pursuant to this Act, nor to any leases issued under this Act.

PART II.

THE GRANTING OF PASTORAL LEASES.

PART 11.

7. The Governor may grant pastoral leases of pastoral lands, Governor's powers. but shall not hereafter grant any such lease except in manner See 5 of 585/93. provided by this Act, or for the purpose of giving effect to any right which may be existing at the passing of this Act.

8. Pastoral leases shall be granted upon application, as herein- Leases, how granted. after provided.

9. Leases of pastoral lands may be granted to the first applicant To first applicants in for the same. Simultaneous application may be decided by lot.

Applications for Leases.

certain cases.
See 59 of 501/90.

made.

10. Applications for leases shall be made to the Minister in the Applications, how form and in manner prescribed.

11. Each application shall be accompanied by

Deposit.

(a) A deposit equal to twenty-five per centum of the rent for See 26 of 585/93.
the first year at the rate notified in the Gazette, or, if
there has been no such notification, then at the rate
offered by the applicant:

(b) A deposit equal to five per centum of the price to be paid See 9 of 642/95.
for the improvements if the property of the Crown (if
any) as notified in the Gazette. If the improvements
are not the property of the Crown the deposit shall be
ten per centum.

12. No pastoral lease shall be granted until two months after Notice of intention to notice of the intention to offer the same for application shall have offer. been published in the Gazette.

See 62 and 72 of 501/90.

mentioned in notice.

13. In addition to any other particulars the Minister may think Particulars to be necessary, the notice shall specify the area and situation of the land, the term, the annual rent, the price to be paid for the improve- See 23 of 585/93. ments (if any), and to whom the same is to be paid, the cost of valuation (if any), the date up to which and the place at which

PART II.

Lands may be withdrawn from leasing.

See 24 of 585/93.

Leases unsuccessfully offered may be reoffered at reduced rates.

See 25 of 585/93, 16 and 21 of 642/95, and 71 of 501/90.

See 6 of 669/96.

After unsuccessful offer lease may be granted on same terms.

See 71 of 501/90.

The Northern Territory Land Act.-1899.

applications are to be lodged, and, generally, the terms and conditions of the lease.

14. The Minister may, by notice in the Gazette, withdraw any lands from application and may subsequently, by notice in the Gazette, again declare the same, or any part thereof, open for application.

15. If any lease gazetted for application shall not be applied for the Minister may, from time to time, at intervals of not less than three months, re-gazette the same at such reduced rent and reduced. price for improvements, or at such reduced rent or reduced price for improvements, as he shall think fit: Provided that

1. If the improvements belong to the outgoing lessee the price for them shall not, except in the case of loss, decay, or other depreciation, be reduced until the annual rent has been reduced to the extent of fifty per centum, after which the rent and price for improvements shall be reduced proportionally: Provided that if the improvements belong to the lessee, the price of such improvements shall not, except in case of depreciation, be reduced until twentyone days' notice in writing shall have been given by the Minister to the outgoing lessee of an intent to make such reductions, and particulars thereof; and the outgoing lessee may, within twenty-one days after receiving such notice in manner prescribed, appeal to the Tenants' Relief Board to fix the amount of rent and price for improvements, and the provisions relating to the appointment of, and otherwise as to the Tenants' Relief Board, shall apply hereunder as far as the same are applicable; and it shall be lawful for such Board to reduce or increase such rent or price for improvements to such an extent as they think fit; and until the determination of such Board is certified to the Minister and by him notified to the appellant lessee, the Minister shall postpone offering such lands for leasing; and the determination of such Board when so certified shall be acted on by the Minister: Provided that after the rent and price for improvements are once fixed by the Tenants' Relief Board, no further appeal shall be allowed, and without the consent of the outgoing lessee the price for improvements, except for depreciation, shall only be reduced when the rent is reduced propor tionately:

II. The annual rent shall not in any case be reduced below the rates prescribed by section 30.

16. In the interval between an unsuccessful offer and any subsequent offer the Governor may grant the lease unsuccessfully offered to any person willing to take the same upon the same terms and conditions upon which it had been so gazetted.

Successful

The Northern Territory Land Act.-1899.

Successful Applicants.

PART II.

17. No application shall necessarily be accepted, and any appli- Applications may be cation may be rejected.

rejected.
See 31 of 585/93.

gazetted.

18. Notice of the names of the successful applicants, together Notice of successful with particulars of the lands to be leased to them and the rents and applicants to be price to be paid for improvements (if any), and any other particulars the Minister may think necessary, shall be published in the Gazette. See 32, ib. All moneys deposited by any unsuccessful applicant shall be paid to him within twenty-one days from the time of his application being rejected.

to execute lease and

19. Unless otherwise provided by any conditions under which Successful applicants the lease may have been granted, every successful applicant whose make payment. name shall be so gazetted as aforesaid shall, within one month after the first publication of such notice and in the manner pre- See 33, ib. scribed, pay the balance of the first year's rent, and, subject to sections 38 and 40, the purchase-money for the improvements (if any), and shall execute the lease within the time and in manner prescribed.

20. If any successful applicant fails to execute the lease, or to Forfeiture for nonpay or arrange for the payment of the balance of the purchase- compliance. money of the improvements within the time and in manner pre- See 34, ib. scribed, he shall forfeit to the Minister his deposit and all other Cf. 10 of 642/95. moneys paid by him in respect of the land applied for or the improvements thereon, and all right to a lease of the lands, without prejudice nevertheless to any other rights or remedies the Crown or the Minister may have against him by reason of such noncompliance.

feited deposit.

21. The moneys so forfeited, less all proper deductions, shall be Application of forretained by the Minister or paid over to the outgoing lessee, as the case may be, in the same manner in all respects as the purchase- See 11 of 642/95. money of the improvements would have been retained or paid over if the applicant had duly completed the purchase.

purchase-money to

22. The successful applicant shall not be entitled to have the Payment of rent and lease executed by the Governor until payment of the first year's precede execution of rent and the purchase-money for the improvements (if any), unless, lease by Governor. as regards improvements the property of the Crown, he shall have obtained the consent of the Minister for payment by instal- See 35 of 585/93. ments; or, as regards improvements the property of the outgoing lessee, a mutual agreement shall have been entered into as hereinafter provided.

TERMS AND CONDITIONS OF LEASES.

23. The term of any pastoral lease to be granted under this Act Duration of lease.