Page images
PDF
EPUB
[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small]

An Act to consolidate certain Acts providing for
Advances to Settlers on Crown Lands.

[ocr errors]

[Assented to, November 12th, 1914.]

E it Enacted by the Governor of the State of South Australia,
with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as "The Advances to Settlers on Short title. Crown Lands Act, 1914."

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 First Schedule, and the said Acts are hereby repealed.

(2) Such repeal shall not

1. affect the operation prior to the passing of this Act of any
Act hereby repealed:

II. alter the past or future effect of the doing, suffering, or
omission of anything prior to the passing of this Act:

III. affect any appointment, advance, application, mortgage,
agreement, certificate, notice, determination, consent,
payment, or extension heretofore made, executed,
entered into, or given, under any of the said Acts:

IV. affect any estate, right, title, interest, privilege, power,
duty, obligation, liability, or penalty created, acquired,
accrued, exercisable, incurred, or imposed by or under,
or liable to be imposed under, any of the said Acts:

A--1166

V. affect

Saving provisions.

Interpretation.

960, 1908, s. 2.

1052, 1911, s. 4.

No. 830 of 1903.

No. 953 of 1908.

The Advances to Settlers on Crown Lands Act.-1914.

v. affect any proclamation or regulation, or any act, proceeding, matter, or thing, lawfully made, or done under or in pursuance of, any of the said 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 they respectively were done, suffered, omitted, made, executed, entered into, given, created, acquired, incurred, imposed, or commenced, or accrued or became exercisable or liable to be imposed, and they respectively had been done, suffered, omitted, made, executed, entered into, given, created, acquired, incurred, imposed, or commenced, or accrued, or became exercisable or liable to be imposed, under this Act.

(4) 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.

(5) 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.

(6) Wherever in any Act, or any regulation, or any other document or instrument of any kind, any reference is made to any of the said Acts, or to any provision of any of the said Acts, such refcrence shall be read and construed as a reference to this Act, or to the corresponding provision of this Act.

3. In this Act, unless a contrary meaning appears—

"Advance" means an advance made under this Act or under an Act hereby repealed:

[ocr errors]

"Agreement means an agreement containing a covenant to purchase Crown lands:

"Crown lands" includes

(a) Crown lands within the meaning of "The Crown Lands Act, 1903";

(b) lands belonging to the Crown which are subject to agreements or leases granted by or on behalf of the Crown under any Act or otherwise, including (though without limiting the effect of this definition) lands subject to leases granted under "The Irriga tion and Reclaimed Lands Act, 1908 "

[ocr errors]

(c) lands

66

The Advances to Settlers on Crown Lands Act.-1914.

(c) lands repurchased under Part X. of "The Crown No. 330 of 1903.
Lands Act, 1903," or "The Closer Settlement Act, No. 1032 of 1910.
1910," or any amendment of either of those Acts,

or for the purposes mentioned in the said Part X.
under any Act or otherwise;

(d) the lands described in the Second Schedule; and

(e) any other lands vested in or under the control of the
Commissioner of Water Conservation or any other
Minister, officer, or servant of the Crown, as such
Minister, officer, or servant, which the Governor,
by proclamation published in the Government
Gazette, declares to be Crown lands for the pur-
poses of this Act:

Deputy Surveyor-General" means the person for the time
being holding the office of Deputy Surveyor-General:

"Fixed rate" means the annual rate of interest fixed by the

1105, 1912, s. 9.

Treasurer (under section 3 of "The Advances to Settlers Ibid., s. 3 (3).
on Crown Lands Act Further Amendment Act, 1912," or
under section 20 of this Act), which is in force at the time
when the advance in question is made:

"Holding" means the land held by a settler under his lease
or agreement:

"Land Board" means the Land Board under "The Crown Lands Act, 1903," and any Act amending that Act, or any Act substituted therefor:

"Prescribed" means prescribed by regulations continued in force or made under this Act:

"Settler" means the holder of a lease of Crown lands or of an agreement, whether the original lessee or holder or a successor in title of the original lessee or holder:

"Surveyor-General

66

means the person for the time being

holding the office of Surveyor-General:

"The Board" means the Advances to Settlers Board continued by this Act:

"The Commissioner " means the Commissioner of Crown Lands for the time being of the State.

"The Fund" means the Advances to Settlers Fund continued by this Act:

"The Treasurer" means the Treasurer for the time being of the State:

"This Act" includes regulations continued in force or made

under this Act.

4. The

Advances to Settlers
Board.

Ibid., s. 3.

Administration.

Ibid., s. 4.

Members of Board.
Ibid., s. 5.

Incorporotion of
Board.
Ibid, s. 6.

Property held on bebalf of Crown. Ibid., s. 7.

Deputy member of
Board.
Ibid., s. 8.

Chairman to preside.
Ibid., s. 9.

Quorum.
Ibid., s. 10.

Advances to Settlers
Fund.
Ibid., s. 11.

The Advances to Settlers on Crown Lands Act.-1914.

4. The Board constituted by "The Advances to Settlers on Crown Lands Act, 1908," under the name of "The Advances to Settlers Board," is hereby continued under that name.

5. This Act and the Fund continued by this Act shall be administered by the Board.

6. (1) The members for the time being of the Land Board, the Surveyor-General, and the Deputy Surveyor-General shall be the members of the Board.

(2) The Surveyor-General shall be the Chairman of the Board.

7. The Board shall continue to be a body corporate with perpetual succession and a common seal, and be capable of suing and being sued, of holding, leasing, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

8. The Board shall hold all property, all estates and interests in property, and all moneys acquired by them under this Act or any Act hereby repealed, for and on account of the Crown.

9. In case of illness, suspension, inability, or absence of any member of the Board the Governor may appoint some other civil servant to act as the deputy of such member during such illness, suspension, inability, or absence; and every such deputy shall, whilst he acts as such deputy, have all the powers and perform all the duties of such member.

10. (1) The Chairman shall preside at all meetings of the Board, but when the Chairman is absent from any meeting the members present may, by the vote of the majority, appoint one of their number to be Acting Chairman, who shall preside over such meeting during the absence of the Chairman.

(2) The Chairman or Acting Chairman shall have a casting as well as a deliberative vote.

11. Two members shall form a quorum at any meeting of the Board.

12. (1) The Fund constituted by "The Advances to Settlers on Crown Lands Act, 1908," and called "The Advances to Settlers Fund," is hereby continued.

(2) The Treasurer shall set apart to the credit of the fund such loan moneys as are from time to time provided by Parliament for that purpose, not exceeding Two Hundred Thousand Pounds in any one financial year.

(3) All moneys received by the Board in repayment of advances shall be paid to the Treasurer and be placed to the credit of the Fund

The Advances to Settlers on Crown Lands Act.-1914.

Fund and form part thereof.

Moneys received by way of interest on advances shall be paid to the Treasurer and be applied in aid of the general revenue of the State.

(4) The Fund shall be held by the Treasurer and be applied to the purposes of this Act.

13. The Governor may from time to time, upon the recom- Officers of Board. mendation of the Board, appoint a secretary, an accountant, Ibid, s. 12. inspectors, valuers, and such other officers and servants of the Board as may be necessary for carrying out the provisions of this

Act.

14. (1) Subject to the provisions of this Act, the Board may, in its discretion, make advances to any settler on the prescribed security for

(a) making improvements on his holding, such as ringbarking,
clearing (including rolling or logging down and burning),
grubbing, fencing, draining, erecting or making perma-
nent water improvements (such as dams, wells, tanks,
watercourses, windmills, and the like), boring for water,
erecting permanent buildings, or such other improve-
ments as are prescribed; or

(b) stocking his holding; or

(c) discharging any mortgage already existing on his holding;

or

(d) any other purpose.

Advances to settlers. Ibid, s. 13, as amended by 1052, 1911, s. 5.

(2) Advances may be made to a settler for the purposes mentioned 1105, 1912, s. 8. in subdivision (a) of subsection (1) hereof—

1. of any amount, not exceeding Four Hundred Pounds, up to
the fair estimated aggregate value of such settler's lease
or agreement and any improvements already made on
his holding and those in the course of being made
thereon, and

II. in case such fair estimated aggregate value is in excess of
Four Hundred Pounds, of any further amount, not
exceeding Two Hundred and Fifty Pounds, up to three-
fourths of the amount of such excess.

(3) Advances may be made to a settler under subdivision (b) of subsection (1) hereof of any amount, not exceeding Two Hundred

Pounds.

(4) Advances may be made to a settler under subdivision (c) or subdivision (d) of subsection (1) hereof of any amount, not exceeding three-fourths of the fair estimated aggregate value of his lease or agreement and any improvements already made on his holding.

(5) Notwithstanding

« EelmineJätka »