Powers and duties of Board. The Renmark Irrigation Trusts Acts Further Amendment Act.-1914. 16. In addition to and without prejudice to any other powers Cf. ibid., s. 21 (part) vested in the Board, the Board shall Punishment for per (a) subject to the approval of the Minister, fix the purchase price, or the annual rent, payable under any agreement or lease under this Act: (b) consider and, after adjournment if necessary, accept or reject applications under this Act; and report its decisions thereon, and the allotments (if any) made in consequence thereof, to the Trust: (c) require the personal attendance of, and, when necessary, examine, all applicants, objectors, and necessary witnesses: (d) deal with all other matters referred to it by the Trust. 17. The Board may require evidence given before it to be on oath or affirmation. 18. (1) The Chairman or the member presiding at any meeting of the Board may, when evidence is taken upon the consideration of any application under this Act, administer an oath or affirmation to any person. (2) The evidence given by such person shall be taken down in writing, and be signed by him and countersigned by the Chairman or other member presiding as aforesaid. 19. Any person who, upon oath or affirmation administered jury before the Board. under section 18, wilfully and corruptly gives any false evidence, shall be guilty of perjury, and shall be liable to be imprisoned, with or without hard labor, for a period not exceeding four years. Cf. ibid., s. 237. Certain land vested in No. 806 of 1902. Land to be offered for sale. Certain land may be leased by Trust. Certain Land vested in the Trust. 20. The two pieces of land delineated and colored pink in the plan in the Schedule hereto, and both therein marked "X", being portions containing together six thousand three hundred and ninetytwo acres, or thereabouts, of the lands dedicated as commonage for the Renmark Settlement and placed under the control of the Trust, pursuant to section 4 of "The Chaffey Brothers Amendment Act, 1902," are hereby vested in the Trust, to be held by the Trust in fee simple for the purposes of this Act. 21. The land by this Act vested in the Trust shall be offered for sale by the Trust in blocks of such areas respectively as the Minister, on the recommendation of the Board, approves. Trust may grant Leases of certain Land. 22. The several pieces of land delineated and colored purple in the plan in the Schedule hereto, and all therein marked " Y ", being other portions, containing together nine thousand seven hundred acres, or thereabouts, The Renmark Irrigation Trusts Acts Further Amendment Act.-1914. thereabouts, of the lands dedicated as commonage for the Renmark Settlement and placed under the control of the Trust, pursuant to section 4 of The Chaffey Brothers Amendment Act, 1902," shall, on No. 806 of 1902. behalf of the Crown be offered by the Trust on leases for grazing, or for grazing and cultivation, in blocks of such areas respectively as the Trust determines; and the Trust may, on behalf of the Crown, grant leases of such blocks as aforesaid to the applicants therefor whose applications have been granted by the Board. Allotment of Lands by Trust. 23. (1) The Trust shall, by notice published in the Govern- Trust to give notice ment Gazette (a) specify what blocks are offered under sections 21 and 22 respectively, and the areas of such blocks and the purchase prices or annual rentals fixed by the Board therefor respectively; and (b) declare that such blocks may be applied for by persons desiring to purchase or to lease the same (as the case may be), and the conditions upon which such blocks may be purchased or leased respectively; (c) fix a date up to or on which applications for such blocks will be received by the Trust. (2) All applications for such blocks received by the Trust shall be referred to the Board. of lands offered. 24. (1) All applications for the same block received up to or Simultaneous on the date fixed under section 23 for receiving applications applications. shall be dealt with as simultaneous applications. (2) All applications received after such date on one and the same day, for any block not before applied for, shall also be dealt with as simultaneous applications. 25. Subject to section 26 simultaneous applications may be decided by lot by the Chairman where any difficulty arises in deciding who is to be the successful applicant. 26. The Board shall, where any difficulty arises in deciding who is to be the successful applicant, give preference to the applicant (if any) who is the holder in fee simple of land within the Renmark Irrigation District No. 1: Provided that the Board shall not be bound to grant the application of any applicant. 27. The Board shall furnish the Trust with the names of the successful applicants, and the Trust shall thereupon cause the names to be published in the Government Gazette, together with particulars of the blocks allotted to the applicants respectively, and the rent or purchase price payable in each case. 830, 1903, s. 23. How simultaneous dealt with. Other things being equal, Renmark settler to be preferred. Board to report, and successful applicants to be gazetted. Ibid., s. 36. Trust may offer lands not taken upon reduced terms. Cf. ibid., s. 37. Agreement to contain covenant to purchase by instalments in thirty years. Cf. ibid., s. 47. Agreement liable to forfeiture. Ibid., s. 50. Terms and conditions of lease. Conditions and reservations. The Renmark Irrigation Trusts Acts Further Amendment Act.—1914. 28. If any block specified in a notice under section 23 is not applied for within three months from the date fixed by such notice as the date up to or on which applications for such block would be received, or if all applications received for such block are rejected, or if the agreement or lease under which any block is held is forfeited, the Trust may re-offer such block at such reduced rent or purchase money as the Board, with the approval of the Minister, deems proper. Terms and Conditions of Agreements and Leases. 29. In the case of a block offered under section 21, a sum equal to ten per centum of the purchase price fixed by the Board for such block shall be payable by the allottee upon allotment, and the allottee shall enter into an agreement with the Trust in a form to be approved by the Minister, whereby he shall covenant (inter alia) to purchase such block at the purchase price fixed by the Board, and to pay the balance of the purchase money, with interest at the rate of four and a half per centum per annum upon the balance for the time being remaining unpaid, by sixty equal half-yearly instalments, which instalments shall be paid in advance: Provided that any allottee who has complied with the terms and conditions of his agreement shall have the option of completing the purchase of his block at any time after the expiration of six years from the date of allotment, upon paying the balance of the purchase price, and interest as aforesaid up to the time of the completion of the purchase. 30. (1) An agreement shall be liable to forfeiture by the Trust if any instalment thereunder is in arrear for six months, the purchaser thereunder having had at least three months' previous notice in writing demanding its payment, or if any breach is made of any of the terms or conditions of such agreement. (2) Upon any such forfeiture all right, interest, or claim either at law or in equity, of the purchaser in or to the land included in the forfeited agreement, or to any moneys paid on account of his purchase, shall be absolutely determined, and such land may be dealt with as the Trust, with the approval of the Minister, determines. 31. (1) Every lease granted under section 22 shall- (b) be for a term not exceeding twenty-one years, and (c) be subject at the expiration of every period of seven years of the term thereof, to revaluation by the Board of the land thereby leased and to such (if any) alteration of the rental thereby reserved as the Board, upon such revaluation and with the approval of the Minister, determines. (2) Every such lease shall (a) reserve to the Crown the right to resume without compensation possession of the whole or any part of the land The Renmark Irrigation Trusts Acts Further Amendment Act.-1914. land thereby leased upon the expiration of a period (b) reserve to the Minister of Irrigation for the State, or (c) contain, mutatis mutandis, the extended meaning of "condition of forfeiture set out in the Sixth Schedule to "The Crown Lands Act, 1903." Application of Purchase Moneys and Rents. 32. All moneys received by the Trust in respect of purchase money and interest, or as rent, under this Act, shall from time to time be paid by the Trust to the Treasurer of the State in or towards repayment of the principal money and interest already due or hereafter to fall due by the Trust to the said Treasurer as provided by “The Renmark Irrigation Trusts Act, 1907.” Commonage for Renmark Settlement. Renmark Town. 33. The whole or any part of the piece of land delineated and Commonage for colored brown in the Schedule hereto, and therein marked "Z", being the balance, containing five hundred and thirty-eight acres, or thereabouts, of the lands dedicated as commonage for the Renmark Settlement and placed under the control of the Trust, pursuant to section 4 of "The Chaffey Brothers Amendment Act, 1902," may be dedicated by the Governor as commonage for the District of Renmark Town; whereupon it shall be under the control of the District Council of that District for the benefit of the ratepayers thereof, on such terms as the Minister approves: Provided that, upon the publication in the Government Gazette of a proclamation by the Governor declaring that the said piece of land, or any specified part thereof, has been resumed for a public purpose or for settlement, such dedication and control shall absolutely cease as to the whole or the said part (as the case may be) of the said piece of land. Miscellaneous Provisions. of District Council 34. The pieces of land respectively referred to in sections 20, Trust to have powers 22, and 33 shall, so far as is necessary to enable the Trust to exercise with reference to with reference thereto the rights, powers, authorities, functions, land granted. privileges, and discretions mentioned in section 5 of "The Renmark Irrigation Trusts Loan Amendment Act, 1900,' 1900," be No. 733 of 1900. deemed to form part of the district of the Trust. 35. Subsection Amendment of section 109 of Act No. 578 of 1893. Power to rate. Consent of ratepayers to special rate. The Renmark Irrigation Trusts Acts Further Amendment Act.-1 35. Subsection (1) of section 109 of "The Renmark Irrigat Trusts Act, 1893," is hereby amended for (a) by substituting the words "Fifteen Shillings (b) by striking out the proviso to subdivision (b) thereof. In the name and on behalf of His Majesty, I hereby assent THE SCHEDU Adelaide By authority, R. E. E. ROGERS, Government Printer, North Terrace. |