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The Irrigation and Reclaimed Lands Act.-1914.

maintain appliances and facilities for supplying and distributing water to the lessees, owners, or occupiers of blocks, township allotments, factory sites and other lands within, adjacent, or near to the irrigation area, for irrigation, domestic, factory, and other purposes.

PART III.

DIVISION I.

16. The Minister may construct roads, streets, bridges, wharves, Construction of roads. docks, and jetties upon any irrigation area, and erect factories on 953, 1908, s. 15. any land reserved therefor.

DIVISION II.-ACQUISITION, TENURE, AND TRANSFER OF LAND.

DIVISION II.

17. The Land Board shall, subject to the approval of the Board to fix rent. Minister, fix the annual rent to be paid for each block in an irriga- Ibid., s. 16.

tion area.

18. Each block shall be offered on perpetual lease at a rental as Terms of ease. hereinafter mentioned.

Ibid., s. 17.

19. Persons under eighteen years of age, and Asiatics, are dis- Disqualifications as qualified from being lessees.

leaseholder.
Ibid., s. 18.

certain provisions of

20. For the purposes of this Act all the provisions of "The Incorporation of Crown Lands Act, 1903," which relate to the fixing of rents, to Crown Lands Act, invitations for and the consideration, acceptance, or rejection of 530 of 1903. application for leases, to the allotment of lands, and to the interpre- Ibid., s. 19. tation, preparation, execution, registration, transfer, transmission, and forfeiture of leases, in so far as such provisions are not repugnant to this Act, shall apply, mutatis mutandis, to leases of blocks under this Act.

21. The rent for each block shall not be less than Four Pounds How rent determined. per centum per annum on the unimproved value of the land com- Ibid., s. 20. prised therein, and the cost of reclaiming such land.

22. (1) The said rent shall be payable as follows:

(a) for the first year one-quarter of the annual rent fixed under

sections 17 and 21:

(b) for the second year, one-half of such rent:

(c) for the third year, three-quarters of such rent :

(d) for the fourth and each succeeding year thereafter, the full amount of such rent.

(2) All rents shall be due and payable in advance.

23. (1) There shall be no limit to the area of land or the number of blocks which may be held under this Act by any person: Provided that of the land in any irrigation area so held by any person, whether held in his own name or in the name of any other person, not more than fifty acres in the aggregate shall be reclaimed or irrigable land. Of such fifty acres or any smaller area of reclaimed or irrigable land held as aforesaid by any person, the whole may be reclaimed land, or the whole may be irrigable land, or part may be reclaimed and part irrigable land.

(2) In

1022, 1910, s. 4.

Payment of rent. 953, 1908, s. 21.

Rent to be paid in advance.

Area of holdings. Ibid., s. 22, as 1910, s. 5.

substituted by 1022,

PART III. DIVISION 11.

Area of holdings by partners.

1108, 1912, s. 16.

Form of lease. 953, 1908, s. 23.

Dealing with

unallotted lands. Ibid., s. 24.

Repurchased lands may be leased.

Ibid., s. 25.

Crown lessee may surrender for lease under this Act.

979, 1909, s. 4.

The Irrigation and Reclaimed Lands Act.-1914.

(2) In this section "irrigable land" means land considered by the Minister to be irrigable land.

24. (1) Notwithstanding the provisions of section 23, persons who, in the opinion of the Minister, are bona fide carrying on business in partnership as agriculturists, dairymen, or gardeners on land within an irrigation area, may together hold more than fifty acres, but not more than one hundred and fifty acres, of irrigable or reclaimed land in such irrigation area: Provided that the area of such land shall in no case exceed the equivalent of fifty acres to each person in such partnership.

(2) In any such case as mentioned in subsection (1) of this section, if the number of partners is not more than three, only one of such partners may be required to personally reside on the land held by the partners, and if the number is more than three, only two of such partners may be required so to reside.

25. Every lease shall be granted by and in the name of the Minister, and shall be in the form in the Second Schedule, subject to any modifications or additions which the Minister thinks necessary for giving effect to this Act.

26. Any land in an irrigation area remaining unalloted for one year after being open to application at the rent fixed under sections 17 and 21 may be let at such reduced rental as is fixed by the Land Board and approved by the Minister, or on miscellaneous lease, as provided in section 159 of "The Crown Lands Act, 1903."

27. Any land purchased under Part X. of "The Crown Lands Act, 1903," which is included in an irrigation area may, notwithstanding the provisions of such Part, and whether wholly or partially reclaimed or not, be leased under the provisions of this Act with other adjoining land.

28. (1) The lessee of any Crown lands included in any irrigation area proclaimed after the first day of December, nineteen hundred and nine, may tender a surrender of his lease for the purpose of obtaining a perpetual lease under this Act, and the Governor may, if he deems proper, accept such surrender in the name and on behalf of His Majesty the King.

(2) The surrender shall be in such form, and be made and executed in such manner, as prescribed by regulation, provided that until such form and manner are so prescribed the surrender shall be in the form, and be made and executed in the manner, prescribed for surrenders under "The Crown Lands Act, 1903," with such variations as the case may require.

(3) The surrender shall be of no effect unless and until accepted in writing by the Governor.

29. (1) Notwithstanding

C

The Irrigation and Reclaimed Lands Act.-1914.

PART III.

DIVISION II.

29. (1) Notwithstanding anything contained in this Act, upon the Grant of lease and acceptance of a surrender, as provided by section 28, the lessee shall fixing of rent. be entitled to the grant of a perpetual lease under this Act, of the Ibid., s. 5. land comprised in the surrendered lease, at an annual rent to be fixed under this Act by the Land Board, subject to the approval of the Minister.

(2) In fixing such rent, any improvements made in or upon the land by the surrendering lessee shall be disregarded, and the rent shall be fixed on the basis of the value of such land without such improvements.

blocks.

30. Lessees of blocks in an irrigation area may, before the con- Cultivation of stitution of the Board therefor, plant and cultivate their respective 953, 1903, s. 27. blocks and make improvements thereon; but it shall be lawful for the Minister to control such planting, cultivation, and improvements in any case where it is deemed necessary by him, or any inspector or other officer he appoints for the purpose.

DIVISION III.-WATER SUPPLY.

31. Upon the construction, wholly or in part, of the works upon an irrigation area and until the constitution of a Board therefor, the Minister may supply water

(a) to the owners, lessees, and occupiers of blocks, township allotments, factory sites, and other lands within the irrigation area, at such rates, in such quantities, for such periods, and upon and subject to such terms and conditions as are prescribed:

(b) to owners, lessees, and occupiers of lands adjacent to the
irrigation area, at such rates, in such quantities, for

such periods, and upon and subject to such terms and
conditions as are agreed upon.

DIVISION III.

Minister may
Ibid., s. 26.

distribute water.

1108, 1912, s. 5.

32. (1) The Minister may, as soon as a water supply is available Minimum water rate. for the whole or any portion of an irrigation area, declare on all or 1108, 1912, s. 6. any lands within such irrigation area to which, or to any portion of which, water can in his opinion be supplied by him, a general water rate for the supply of water.

(2) Such rate may be an annual rate, and shall be of such amount in the Pound of the unimproved value of the land (as defined by the Taxation Acts of the State for the time being in force) as may be necessary to recoup the proportion of interest on cost of works and of the maintenance and management thereof as the Minister determines to be properly debitable in respect of the service rendered by the works: Provided that the minimum annual rate in respect of any one piece of land shall not be less than One Pound.

B-1178

(3) Notice

PART 111.

DIVISION III.

No. 269 of 1882.

Water Rate Assessment Book to be kept. 1108, 1912, s. 7.

Power of Minister to supply water by

measure.

Ibid., s. 8.

Minister may proportionately reduce supply of water. Ibid., s. 9.

The Irrigation and Reclaimed Lands Act.-1914.

(3) Notice of every water rate declared by the Minister shall be published in the Gazette, and shall state the name of the irrigation area in respect of the lands in which such rate is declared, the amount in the Pound of such rate, the period for which such rate is declared, and the time and place where the rate is payable.

(4) All water rates shall be due and payable by and recoverable from the owners and occupiers of the lands upon which the same are respectively declared, and shall, until payment, be a continual charge upon such lands, and no statute of limitations shall affect any action or other proceedings which may be brought for the recovery or enforcement of such rates. And the Minister shall have the like powers of distress and sale in cases where rates are unpaid as are conferred upon the Commissioner of Waterworks by "The Waterworks Act, 1882."

33. (1) The Minister shall cause a book to be kept by the officer in charge of an irrigation area to be called the Water Rate Assessment Book which shall contain the following particulars as to such

area:

(a) the names of the several owners and occupiers of the ratable
land assessed, so far as known:

(b) short descriptions of, or references to the ratable lands:
(c) the unimproved value of such lands, adopting the assessment
for land tax purposes for the time being in force, with
such adjustments as may be necessary where the ratable
land does not include the whole of the land included in
the land tax assessment.

(2) No person shall be entitled to appeal against the valuation of his land appearing in the assessment book, but if the valuation is reduced for any reason by the Commissioner of Taxes the assessment book shall be amended accordingly.

34. (1) The Minister may supply water by measure to any person for such period, upon such conditions, and at such charges, as the Minister from time to time determines.

(2) When the Minister supplies water to any person outside an irrigation area, the person so supplied shall pay therefor such charges as are agreed upon, and such charges may be recovered by the Minister, or by any person authorised by him in writing, by action of debt in any Court of competent jurisdiction.

35. (1) If at any time the supply of water at the disposal of the Minister is insufficient, in the opinion of the Minister, to afford the quantities to which all persons having claims thereto would if the supply were sufficient be respectively entitled, it shall be competent for the Minister to deliver to such persons such quantities of water as are then at his disposal in reduced proportions, according to the quantities which such persons would have respectively been entitled to receive if there had been sufficient water available; and the charges to such persons may be reduced accordingly.

(2) In

The Irrigation and Reclaimed Lands Act.-1914.

DIVISION III.

PART III.

(2) In the arrangement of the reduced proportions, the Minister Preference to orchards may, if he thinks fit, assign greater proportionate quantities to the and vineyards. occupiers or owners of lands planted with fruit trees, vines, or other

like plants than to the occupiers or owners of lands planted or sown with plants cultivated for a single year's crop only.

supply of water in

36. In the event of the supply of water available for any Minister may regulate irrigation area falling short at any time of the quantity necessary event of drought, &c. to supply all the claims upon the Minister for water, in sufficient Ibid., s. 10. quantity to be of practical service, it shall be lawful for the Minister, whenever and as often as he is satisfied of the actual or approaching insufficiency of such supply, from time to time to make, alter, and repeal orders which shall regulate the order of priority in which the various irrigation areas, bodies, and persons so entitled to water shall be entitled to be supplied.

DIVISION IV.-FINANCIAL.

37. The Minister shall cause to be kept in respect of the Board of each irrigation area a separate account, to be called the "[Name of Board] Irrigation Account," to which shall be debited(a) all moneys expended by the Minister in carrying out the objects and purposes of this Act on the land in such area, both before and after the proclamation of such area, including all moneys advanced as provided by section 40 to the Board constituted for such area which have been voted by Parliament:

(b) interest on all the said moneys at the rate of Four Pounds per centum per annum:

(c) interest at the same rate on all moneys expended by the Minister in improving and maintaining any embankments constructed for the protection of land included in such

area.

And to which shall be credited

(a) rents received from lessees of land within such area.

(b) all moneys received by the Minister on account of water supplied from the irrigation works on such area :

(c) all moneys paid by the Board, as hereafter in this Act provided: (d) all moneys received from the lessees of town allotments within such area.

DIVISION IV.

Accounts to be kept. 953, 1908, 8. 28.

1022, 1910, s. 6.

for Parliament. 953, 1908, s. 29.

38. An abstract of the accounts provided for in section 37, Annual statements showing the sums respectively debited and credited therein under convenient headings, shall be annually laid before Parliament.

PART

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