PART III. Form and general conditions. See 37 of 585/93, altered. See 60 of 501/90. Surface of land may be utilised to best advantage. See 38 of 585/93. Rights for planting and cultivation. New. Minister may extend time for stocking, Part 60 of 501/90. Lessee may be released from liability to repair. Cf. 15 of 642/95. Remission of rent for artesian wells. See secs. 20 of Act 642/95, and 9 of 669/96. Minimum rentals. See 59 of 501/90. The Northern Territory Land Act.-1899. 24. Every pastoral lease shall contain the covenants, exceptions, reservations, and provisions mentioned in Schedule A to this Act, subject to any modifications or additions stated in the conditions of opening the lands for leasing or required by the Minister for giving effect to this Act; and every such lease shall be prepared by the Minister in such form as he shall approve or as may be prescribed. 25. No lease granted under this Act shall authorise the lessee to carry on mining operations of any description whatsoever upon the land leased, or any part thereof, but the lessee shall be at liberty to utilise the surface of the land, or any part thereof, for pastoral purposes, or for any purposes he thinks fit. 26. If the lessee shall plant and cultivate any of the tropical plants mentioned in section 54 of the principal Act, or allowed thereunder, or shall plant and maintain any plantation of forest plants approved of by the Minister, he shall be entitled to a preferential right to a perpetual lease at a fixed rental, subject to a land tax of the land so planted, cultivated, and maintained, at a rent to be fixed by the Minister: Provided that if the lessee and the Minister do not agree as to the rent it shall be fixed by valuation: Provided also that no lessee shall be entitled to obtain a perpetual lease of more than 3,000 acres of land. 27. The Minister may extend the time for stocking the land comprised in any pastoral lease if satisfied that bona fide efforts have been made to improve or stock such land. 28. A lessee may be released by the Minister from his liability to repair improvements upon the land leased which have ceased to be of substantial value to the land if he shall make other improvements in lieu thereof to the satisfaction of the Minister. 29. If any lessee shall, except on a reserve, make an artesian well upon his pastoral lease yielding a supply of not less than ten thousand gallons of good stock water per diem, he shall be entitled to a remission of rent in respect of such pastoral lease equal to two and a half per centum on the cost of such artesian well for a period of ten years after the completion of the well; the cost of the well to include sinking and tubing only: Provided that the remission shall only be allowed during the time the artesian well continues to supply the quantity and quality of water herein stated: Provided also that the remission of rent shall not apply to any artesian well situated within ten miles of an existent well for which a remission is granted or of a permanent water on the same run. Rents. 30. Subject to section 62 of this Act the annual rents at which pastoral leases shall be granted shall be not less than Six Pence per square mile for the first period of seven years of the lease, not less than The Northern Territory Land Act.-1899. than One Shilling per square mile for the second period of seven PART 111. years, not less than Two Shillings per square mile for the third period See clauses 68, &c., of seven years, and for the remainder of the term such an amount per Act 585/93. square mile as shall be fixed by valuation made at the instance of the Minister within the first six months of the twenty-first year of the term of the lease. But the rent so to be fixed by valuation shall not be more than fifty per centum above or below the rate payable during such twenty-first year. 31. In fixing the rent of any pastoral land, whether by valuation Principles of fixing or otherwise, regard shall be had to (a) The stock-carrying capacity of the land: (b) The capacity of the land for pastoral purposes; (c) The proximity and facilities of approach to railway stations, ports, rivers, and markets: (d) All other circumstances affecting the value of the land to a pastoral lessee; but the value or any improvements which the lessee may have made or paid for, or be liable to be paid for, shall not be taken into account. PART IV. rent. Cf. 65 of 585/93. See 92 of 501/90. fixed. PART IV. 32. If there shall be any improvements belonging to the Crown Price for improveupon any land intended to be opened for leasing the Minister shall menta, how to be cause the price to be paid therefor to be determined in such manner as he shall think fit; but all improvements for which the outgoing lessee is entitled to be paid shall be valued as hereinafter provided. 33. Within twelve months before the expiration by effluxion of time of any lease granted under this Act all improvements (if any) existing upon the land shall be valued so far as practicable in detail, and their position indicated on a plan to be prepared by the Minister, and to be signed by the Minister and the outgoing lessee. 34. If the Minister and the outgoing lessee shall not within six months before the expiration of the lease agree as to the value and position of any such improvements a valuation thereof shall be made in manner prescribed. Valuation to be made within twelve months before lease expires. See 43 of 585/93. In case of dispute, by arbitration. valuation to be made See 45, ib. Outgoing lessee to new lessee. receive payment from 35. Subject to the provisions of this Act, the outgoing lessee, under any pastoral lease granted pursuant to this Act, shall be entitled to receive from the incoming lessee the value, as so determined, of all improvements made or purchased by him existing upon such portion of the outgoing lessee's run as may be comprised Cf. 47 of 585/93. in the new lease; and, as regards lands which shall not be offered See 17 of 642/95. for lease within six months after the expiration of the last preceding PART IV. All purchase-money for improvements to be paid in first instance to the Minister. See 48 of 642/95. Proceeds of Government improvements The Northern Territory Land Act.-1899. lease, the value as so determined of all improvements thereon shall be paid by the Minister to the outgoing lessee upon such lessee giving up possession thereof. 36. The purchase-money to be paid for improvements by the incoming lessee, whether afterwards payable to the outgoing lessee or not, together with interest at the rate of five per centum per annum on any amount overdue, shall be a debt from the incoming lessee to the Minister, payable as hereinafter provided, and recoverable by action in any Court of competent jurisdiction. 37. The moneys received by the Minister in respect of improveto be credited to Loan ments belonging to the Crown shall be paid by him to the Treasurer of the province and be held by him to the credit of the Loan Fund. Fund. See 49, ib. Payments to outgoing lessee. See 50, ib. Limitation of costs. See 13 of 642/95. Government improve. ments may be paid for by instalments. See 51 of 585/93. But outgoing and incoming lessee may for improvements. See 52, ib. 38. The moneys received by the Minister from the incoming lessce in respect of improvements made or paid for by the outgoing lessee shall be paid over to the outgoing lessee, as hereinafter provided, less all costs of and incidental to the recovery thereof, and less all proper deductions for rent, depreciation, or otherwise. 39. The amount to be deducted by the Minister in respect of costs, pursuant to the last preceding section, shall be the costs actually incurred, but not in any case exceeding five per centum of the moneys received. 40. If the improvements to be paid for belong to the Crown the Minister may permit the lessee to pay the purchase-money therefor, with interest, by instalments according to the scale set forth in Schedule B; but in that case the lease shall contain, in addition to the covenants mentioned in Schedule A, covenants by the lessee for the due payment of such instalments, and for the maintenance of the improvements in proper repair to the satisfaction of the Minister so long as any moneys shall remain owing to the Crown in respect of such purchase-money or interest as aforesaid; and also a provision that in the event of any instalments being unpaid for three months after any day upon which the same ought to be paid the purchase-money then remaining unpaid shall, at the option of the Minister, become instantly due, payable, and recoverable. 41. If any outgoing lessee entitled to payment for improve. arrange as to payment ments, and the incoming lessee liable to pay the same, shall mutually agree touching the amount to be paid to the outgoing lessee for the improvements, and the time and manner of payment thereof, and shall, within one month, by writing under their hands notify the Minister of such mutual agreement, in such form and manner as he shall approve or as may be prescribed then, and in every such case, the purchase-money for the improvements and all rights of action formerly vested in the Minister in respect of such improvements shall thenceforth be vested in and enforceable by the outgoing lessee. 42. No The Northern Territory Land Act.—1899. ments. PART IV. See 54 of 585/93, as 42. No lessee shall be entitled to any payment on the expiration of any lease issued under this Act, or on any resumption, in respect Notice of improveof any improvements made after the expiration of the first ten years of his lease, unless, before making such improvements, he shall have given written notice to the Minister, stating the nature, position, amended by 642/95. probable cost, and date of completion thereof, and such improvements shall have been sanctioned by writing under the hand of the Cf. 74 of 501/90. Minister: Provided that, where it shall not be conveniently practicable to give such notice prior to the making of such improve- 585/93. ments, the lessee shall nevertheless be entitled to payment for such improvements if such notice shall have been given with all reasonable dispatch, and if the improvements shall be sanctioned under the hand of the Minister. Vide clause 54, Act 43. No payment or valuation shall be made upon any resumption Only certain impursuant to this Act in respect of any improvements, nor shall provements to be paid any improvements, except those previously sanctioned by the Minister, be considered pursuant to this Act unless the Minister Cf. 55 of 585/93. shall be satisfied that such improvements were made for the purpose and have the effect of improving the land for pastoral purposes, or of increasing the carrying capacity thereof, and that the improve- See clause 55 of Act ments will have such effect, and unless the same shall consist of 585/93. wells, reservoirs, tanks, or dams of a permanent character, available for the use of cattle or sheep, and which increase the carrying capacity of the land leased, or of substantial buildings, verminproof or other fences, huts or sheds erected for residence, shearing, or other purposes usually required for or in connection with keeping live stock. Relief Board. 44. If the Minister and the outgoing lessee disagree as to what Appeal to Tenants' improvements should be paid for, the outgoing lessee shall have a right of appeal to the Tenants' Relief Board, whose decision shall New. be final. be deemed improve ments. 45. All machinery or appliances which, in the opinion of the Water appliances to arbitrators or umpire making a valuation pursuant to this Act, shall be necessary for the purpose of raising, or distributing after raising, the water, which may be attached or appurtenant to any well, dam, Sec 57, ib. tank, or reservoir to be valued under this Act, including all under and over-ground tanks and troughs, shall be deemed part of such well, dam, tank, or reservoir, and such arbitrators or umpire shall include such machinery or appliances in their valuation. costs of valuation. 46. The incoming lessee, at the time and in manner appointed Incoming lessee to for the payment of the first year's rent, shall pay to the Minister the recoup Minister cost to the Minister, according to a scale to be prescribed, of any valuation of the improvements of the outgoing lessee made by the Minister, or to which the Minister shall be a party. See 58, ib. 47. So long as any principal or interest money remains owing Lessees not to destroy by any lessee for improvements it shall not be lawful for the lessee or injure improve PART IV. ments while money owing for improve ments. See 59 of 585/93. The Northern Territory Land Act.-1899. to pull down or remove from the land, or knowingly suffer to be pulled down or removed, or wilfully or knowingly destroy, damage, or injure, or suffer to be destroyed, damaged, or injured, any improve ments erected or made upon the leased land without the consent of the Minister in writing first had and obtained. Any person offending against the provisions of this section shall forfeit his lease, and shall be guilty of a misdemeanor and punishable on conviction by imprisonment, with or without hard labor, for any term not exceeding two years. PART V. Outgoing lessee may Occupy run till reletting thereof. See 60 of 585/93. Outgoing lessee may continue in occupation one year after reletting. See 61, ib., altered. Outgoing lessee to maintain improvements, and pay rent therefor. See 62, ib., altered. Outgoing lessee to be paid for improvements PART V. OCCUPATION BY OUTGOING LESSEE AND POSSESSION BY INCOMING LESSEE. 48. If any interval shall elapse between the determination by effluxion of time of any pastoral lease and the commencement of the term of any new pastoral lease of the same lands or any part thereof, the outgoing lessee may, on giving three months' written notice to the Minister of his intention, continue in occupation of such lands during such interval at a rent computed at the annual rate last payable by him under his lease and upon the terms and conditions thereof, except as hereinafter provided. 49. The outgoing lessee may also continue in occupation until notice in writing shall be given by or on behalf of the Minister that a new lease of the same lands, or some part thereof, has been granted or arranged, or that the incoming lessee has paid or duly arranged for payment of the amount due for improvements, and also for a period of twelve months from the date of such notice or the expiration of the old lease, whichever shall last happen; but from and after the commencement of the term of the new lease, and during such continued occupation, the outgoing lessee shall, as regards the lands included in such new lease, pay the rent reserved by and observe and perform the terms and conditions of such new lease, and exonerate the incoming lessee therefrom. 50. Any outgoing lessee so remaining in occupation shall keep all improvements upon the land in good order and condition to the satisfaction of the Minister, and shall allow the incoming lessee rent at the rate of five per centum per annum on the amount paid, or to be paid, by him for the improvements, and also reasonable compensation for any loss or depreciation in value of such improvements. Such compensation shall be fixed by valuation between the outgoing and incoming lessee, unless they shall mutually agree as to the amount thereof within a time to be fixed by the Minister on the application of either party. 51. The purchase-money payable to an outgoing lessee in respect of improvements shall be paid to him when he shall give up possession of the land, but the Minister shall deduct there from |