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Acts consolidated and repealed.

Saving provisions.

The Irrigation and Reclaimed Lands Act.-1914.

PART IV.-Constitution of Board and Management thereafter, and Advances


DIVISION I-Constitution of Board and Advances thereto :

DIVISION II. Incorporation, Members of Board, etc.:

DIVISION III.-Officers of Board:

DIVISION IV.-Meetings and Business of Board:

DIVISION V.-General Powers and Duties of Board.

v.-Lessees of Reclaimed Lands Loan Fund, and purposes for which it may be used.

PART VI.-Regulations and By-laws.

PART VII.-Miscellaneous.

PART VIII.-Legal Procedure, etc.

4. (1) This Act is a consolidation of the Acts mentioned in the First Schedule, and the said Acts are hereby repealed.

(2) Such repeal shall not

I. affect the operation prior to the passing of this Act of any of the repealed Acts:

11. alter the past or future effect of the doing, suffering, or omission of anything prior to the passing of this Act: 11. affect any lease, licence, loan, advance, mortgage, or agreement heretofore granted or made under any of the repealed Acts:

IV. affect any estate, right, title, interest, privilege, power, duty, obligation, liability, charge, or penalty created, acquired, accrued, exercisable, incurred, or imposed by or under, or liable to be imposed under, any of the repealed Acts: v. affect any proclamation, notice, order, by-law, or regulation, any rate, assessment, or valuation, or any proceeding, matter, or thing made, given, published, held, declared, or done under or in pursuance of any of the repealed Acts:

VI. affect any legal or other proceeding heretofore commenced, or hereafter to be commenced, in respect of any of the matters or things in this section before mentioned.

(3) All matters and things mentioned in subsection (2) of this section are, to the extent that they were respectively in force immediately before the passing of this Act, hereby preserved and continued, and declared to be of the same force and effect as if this Act had been in force when respectively they were done, suffered, omitted, created, granted, acquired, incurred, imposed, declared, or


The Irrigation and Reclaimed Lands Act.-1914.

made, or they accrued, or became exercisable, or liable to be imposed, and they respectively had been done, suffered, omitted, created, acquired, incurred, imposed, declared, or made or had accrued, or had become exercisable, or liable to be imposed, under this Act.

(4) All Irrigation Areas and all Boards which were in existence under any of the repealed Acts at the time of the passing of this Act, and the members and chairmen of such Boards, and all officers, and any other persons appointed under any of the repealed Acts are hereby continued as if this Act had been in force when they were respectively proclaimed, constituted, elected, or appointed, and they had been respectively proclaimed, constituted, elected, or appointed under this Act.

(5) Any proceeding which, at the passing of this Act, is depending in any Court, or before any arbitrator or other authority, may be proceeded with, heard, and determined, and the decision or award, or any order made therein, may be enforced under this Act.

(6) All offences committed, and all liabilities, forfeitures, and penalties incurred or imposed, or liable to be imposed, before the passing of this Act, may be tried, punished, inquired into, and enforced under this Act.

(7) Whenever in any Act, or in any regulation, by-law, or rule, or any deed, lease, transfer, mortgage, or other document or instrument of any kind, any reference is made to any of the repealed Acts, or to any provision of any of the repealed Acts, such reference shall be read and construed as a reference to this Act, or to the corresponding provision of this Act.


5. In this Act, and in leases granted under or continued by, and Interpretation. proceedings taken or continued under this Act, except where the 953, 1908, s. 3. context or subject matter requires a different construction,

“Board” means a Board continued by or constituted under this


"By-law" means by-law continued by this Act or made by a Board under this Act:

"Chairman" means Chairman of the Board:

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Embankment" means any bank or dyke constructed by the Commissioner of Crown Lands or the Minister of Agriculture and Irrigation under any of the repealed Acts, or by the Minister under this Act, to protect land from inundation by water from any river or the sea, or any inlet or arm of the sea : "Factory" includes buildings, machinery, and appliances for the purpose of wine-making, fruit-preserving, or dairying, or any other purpose approved by the Minister:


Gazette" means The South Australian Government Gazette:

"Government officer" means the member of a Board who is
appointed by the Governor:


No 830 of 1903.

1108, 1912, s. 3.

Discretionary exercise of

Minister's powers.

953, 1908, s. 5.


The Irrigation and Reclaimed Lands Act.-1914.

Irrigation area" means an irrigation area continued by or proclaimed under this Act:

"Justice" means Justice of the Peace for the State:

"Land Board" means (subject to section 96) the Land Board
under Part IV. of "The Crown Lands Act, 1903":
"Lessee" includes, as well as the original lessee of the land held
under a lease issued pursuant to this Act, or any of the
repealed Acts, the transferee of such lease, and the executors
or administrators of such lessee or transferee :

"Member" means member of the Board:

66 Minister" means the Minister of the Crown to whom the administration of this Act is, for the time being, committed by the Governor :

"Prescribed" means prescribed by this Act or any Act incorporated herewith:

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

"Ratable property " means any land situate within an irrigation
area other than unleased Crown lands:

"Ratepayer" means the occupier or lessee of ratable property:
"Reclaimed lands" means lands reclaimed from being swamp

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Regulation" means regulation continued by or made under this

Repealed Acts" means the Acts repealed by this Act:

"Secretary" means Secretary of the Board:

"State" means the State of South Australia:

"Surveyor-General" means the Surveyor-General for the State, or the person for the time being discharging the duties of the office of such Surveyor-General:

"The Treasurer' means the Treasurer of the State, or the Minister of the Crown for the time being discharging the duties of such Treasurer:

"This Act" includes regulations and by-laws continued by or made under this Act.

6. All powers conferred by this Act upon the Minister shall be exercised when, where, and in such manner as the Minister thinks fit, unless otherwise expressly provided.


The Irrigation and Reclaimed Lands Act.-1914.



7. The Minister may reclaim and improve any swamp lands, whether such lands are or are not at the time included or intended to be included in any irrigation area, and may construct all such embankments and other works and do all such other things as he deems necessary for such reclamation and improvement.

ᏢᎪᎡᎢ 11.

Reclamation and improvement of Ibid., s. 6.

swamp lands.

for reclamation and

Ibid., s. 7.
1022, 1910, s. 3.

8. (1) The public moneys to be expended by the Minister in Provision of moneys reclaiming and improving swamp lands and lands in irrigation areas improvement of lands. proclaimed as in this Act provided, in constructing, improving, and maintaining embankments, and in carrying out the objects of this Act with regard to lands in such irrigation areas, shall not exceed the amount provided by Parliament for that purpose.

(2) Such moneys, and all moneys advanced to Boards as provided by section 40, which have been voted by Parliament, shall be paid out of loan moneys, and shall be repaid to loan fund.

Boards to be approved by Parliament.

9. No money shall be advanced to a Board, or be spent by the Future advance to Minister under this Act, otherwise than as provided by section 7, in any irrigation area other than the Beri Beri, Waikerie, and Ramco schemes, unless a resolution approving of such irrigation area has heretofore or hereafter been carried by both Houses of Parliament:

953, 1908, s. 8.

Provided that notwithstanding anything contained in this section, Proviso. the Minister may, without any such resolution, from time to time, 979, 1909, s. 3 (1). make advances under section 40 to any Board of money not exceeding in the aggregate such amount as could, with interest, be repaid in accordance with section 41 by an annual rate not exceeding One Pound on every acre of such land within the irrigation area as is either reclaimed land or land considered by the Minister to be irrigable land.

10. (1) The Governor may by proclamation set apart any Crown Proclamation of lands as an irrigation area.

(2) Any such irrigation area may consist wholly of reclaimed or wholly of other lands, or partly of reclaimed and partly of other lands, but shall not include any embankment as defined in section 5.

11. The Governor may by proclamation

irrigation areas. 953, 1908, s. 9.

Power to alter boundaries of

Ibid., s. 10.

(a) withdraw any land included in an irrigation area from such irrigation areas. area; and may as to the whole or any part of the land withdrawn

1. proclaim it to be an irrigation area; or

11. include it as part of a new irrigation area; or

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Survey and

subdivision into


Ibid., s. 11.

Size and classes of land in blocks.


Subdivision of town sites.


Ibid., s. 12.

The Irrigation and Reclaimed Lands Act.-1914.

(b) set apart any Crown lands and include the same in any irrigation area then already proclaimed.

12. (1) The Minister shall cause the land included in any irrigation area, and the lands (if any) adjoining such irrigation area which are to be leased in connection therewith, to be surveyed and, subject to subsection (3) of this section, to be subdivided into blocks.

(2) Such blocks shall be of such size as the Minister determines on the recommendation of the Land Board, and, subject as in this subsection provided, shall contain such class or classes of land as he thinks advisable. Any block may contain not more than fifty acres of reclaimed land, and may also contain not more than fifty acres of land considered by the Minister to be irrigable land, and may also contain any area of other land.

(3) The Minister shall set apart such parts of the land included in any irrigation area as he deems proper as Government reserves, reserves for roads, water channels, wharves, docks, commonage, and park lands, sites for towns, pumping stations, machinery and factories, and for any other purposes approved by him; and may from time to time set apart such other parts of the said land as he deems proper for any of the said purposes.

(4) The Minister may cause sites for towns to be subdivided into allotments.

13. A plan, signed by the Surveyor-General, of the land in any irrigation area as so surveyed, subdivided, and reserved as aforesaid, showing the subdivisions thereof, and distinguishing the several blocks by separate numbers, and the parts so reserved, shall be kept at the office of the Surveyor-General.



Management by
Ibid., s. 13.

Erection of appliances for storage and distribution of water. Ibid., s. 14.

1108, 1912, s. 4.




14. Until the constitution of a Board for an irrigation area, such area shall be managed and controlled by the Minister, subject always to the control of Parliament respecting the moneys to be expended on such area.

15. The Minister, upon an irrigation area being proclaimed, may from time to time purchase pumping machinery and erect the same thereon, construct irrigation works and channels, tanks, and catchment and storage dams and reservoirs, and acquire, provide, and maintain

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