An Act to amend “The Chaffey Brothers Amendment

Act, 1902,” to further amend “The Renmark
Irrigation Trusts Acts,” and to amend “The
Renmark Irrigation Trusts Acts Amendment
Act, 1907."

[Assented to, November 26th, 1914.]
B!
E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

Preliminary Provisions. 1. (1) This Act may be cited alone as “ The Renmark Irrigation Short titles.

“ Trusts Acts Further Amendment Act, 1914.”

(2) “The Renmark Irrigation Trusts Acts," " The Renmark Irrigation Trusts Acts Amendment Act, 1907," and this Act, may No. 933 of 1907. be cited together as “ The Renmark Irrigation Trusts Acts, 1893 to 1914."

2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1, and those Acts and this Act shall be read as one Act.

other Acts.

3. In this Act, except where some other meaning is clearly Interpretation. intended, “ Agreement” means an agreement entered into under this Act

containing a covenant to purchase land : “ Board ” means the Allotment Board constituted by this Act : “ Chairman" means Chairman of the Board :

The Renmark Irrigation Trusts Acts Further Amendment Act.–1914.

Minister means the Minister of the Crown to whom the

administration of this Act is, for the time being, committed

by the Governor :
“ State" means the State of South Australia :
“ Trust"

means the Renmark Irrigation Trust No. 1, constituted by “The Renmark Irrigation Trusts Act, 1893.”

No. 578 of 1893.

Repeal of section 4 of
Act 806 of 1902-
Lands dedicated for
commonage.

Constitution and appointment of Allotment Board.

4. Section 4 of “ The Chaffey Brothers Amendment Act, 1902," is hereby repealed.

The Renmark Allotment Board. 5. (1) A Board, to be called “ The Renmark Allotment Board,” is hereby constituted.

(2) Such Board shall consist of three members, who shall, subject to section 7, be appointed by the Governor after nomination as provided by section 6.

(3) When a vacancy occurs on the Board the Governor shall appoint a person to fill the vacancy. If the member whose seat has become vacant was nominated by the Minister, the person to fill the vacancy shall be appointed after nomination by the Minister, and if by the Trust, after nomination by the Trust.

(4) Notice of every appointment shall be published in the Government Gazette.

Nomination of members of Board.

No. 578 of 1893.

6. (1) The Trust shall nominate two persons who -
(a) are ratepayers in respect of land within the Renmark Irri-

gation District No. 1, and
(6) are, under section 25 of “ The Renmark Irrigation Trusts

Act, 1893," qualified to be members of the Trust, to be members of the Board.

(2) The Minister shall nominate a member of the Land Board to be a member of the Board.

Appointment
without nomination
on failure to
nominate.

7. If in any case the Minister or the Trust fails to give notice in writing to the clerk of the Executive Council of his or its nomination within two months after being requested in writing by the said clerk to make such nomination, the Governor may appoint a member without nomination ; and the member so appointed shall be deemed to have been appointed after such nomination.

Casual vacancies.

8. The seat of a member shall become vacant on-
(a) his death, lunacy, or insolvency, or his compounding with

his creditors for less than Twenty Shillings in the Pound,

his being convicted of an indictable offence; or (6) his resignation by notice in writing posted or delivered to

the Chairman, or, in the case of the Chairman, to the Minister ; or

(c) his The Renmark Irrigation Trusts Acts Further Amendment Act.—1914.

(c) bis absence from three consecutive meetings of the Board

without the leave of the Board.

Proceedings and Functions of the Boara. 9. (1) No act or proceeding of the Board shall be invalid or Defects in appoint

ment not to invalidate illegal in consequence only of the number of the members of the proceedings of Board. Board not being complete at the time of such act or proceeding.

(2) All acts and proceedings of the Board shall, notwithstanding the discovery of any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if such member had been duly appointed and was qualified and entitled to be and to act, and had acted, as a member of the Board, and as if the Board had been properly and fully constituted.

10. The Board shall meet whenever required so to do by the When Board to meet. Minister, by notice in writing, delivered or sent by post addressed (f. 830, 1903, s. 15. to the several members of the Board.

ll. Any two members of the Board shall form a quorum, and Quorum. may exercise all or any of the powers and authorities vested in the Ibid., s. 16 (part) Board.

12. (1) The member of the Board nominated by the Minister Chairman. shall be the Chairman of the Board.

Ibid., s. 16 (part). (2) The Chairman shall have a casting as well as a deliberative vote.

)

13. (1) The Chairman shall preside at all meetings of the Board: Who to preside at

meetings. Provided that in the case of his absence from a meeting, the

Ibid., s. 17 (part). members present may elect one of their number to preside at such meeting during such absence.

(2) Any member so presiding shall, for the purposes of such meeting, have all the powers and authorities of the Chairman.

Ibid, s. 18.

14. No member of the Board shall sit at any meeting of the Member not to sit at Board whilst any application by himself, or on his behalf, or in meeting to consider which he is pecuniarily interested, or by or on behalf of any partner or his partner or or relative of such member, for an agreement or lease under this Act, is being heard, considered, or dealt with.

15. The decision of the Board granting any application by Allotment in any member of the Board, or by any partner or relative of contravention of any member, and any allotment made in consequence of such Cf. ibid., s. 20. decision, shall, if the provisions of section 14 were not observed with respect to such application, be absolutely void, except as against any person, not being a partner or relative of the member of the Board who failed to observe such provisions, who has purchased any block so allotted bona file for value and without notice of such non-observance.

)

The Renmark Irrigation Trusts Acts Further Amendment Act.—1914.

Powers and duties of Board.

16. In addition to and without prejudice to any other powers Cf. ibid., s. 21 (part) vested in the Board, the Board shall

(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:
(6) 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.

Board may require 17. The Board may require evidence given before it to be on
evidence to be upon
oath.

oath or affirmation.
Ibid., s. 24.
Chairman or acting

18. (1) The Chairman or the member presiding at any meeting Chairman may administer oath or

of the Board may, when evidence is taken upon the consideration affirmation.

of any application under this Act, administer an oath or affirmation Cf. ibid., s. 25. 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.
Punishment for per- 19. Any person who, upon oath or affirmation administered
jury before the Board. under section 18, wilfully and corruptly gives any false evidence,
Cf. ibid., 8. 237.

shall be guilty of perjury, and shall be liable to be imprisoned, with
or without hard labor, for a period not exceeding four years.

Certain land vested in
Trust in fee simple.

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 ninety-
two 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.

.

No. 806 of 1902.

Land to be offered for sale.

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

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.

of lands offered.

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
(6) 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.

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.

830, 1903, s. 23. (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 How simultaneous decided by lot by the Chairman where any difficulty arises in applications to be deciding who is to be the successful applicant.

Ibid., s. 34.

to be preferred.

26. The Board shall, where any difficulty arises in deciding Other things being who is to be the successful applicant, give preference to the applicant equal , Renmark settler (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 Board to report, and

successful applicants successful applicants, and the Trust shall thereupon cause the names

to be gazetted. to be published in the Government Gazette, together with particulars Ibid., 8. 36. of the blocks allotted to the applicants respectively, and the rent or purchase price payable in each case.