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The Irrigation and Reclaimed Lands Act.--1908.
Division 11.—Members of Board, Incorporation, &c. :
Division v.-General Powers and Duties of Board :
3. In this Act, and in regulations and by-laws made and leases granted under this Act, and proceedings taken under this Act or such regulations or by-laws, except where the context or subject matter requires a different construction
“ Board” means a Board constituted under this Act:
the said State, or the Minister of the Crown for the time being
discharging the duties of such Commissioner: “Embankment” means any bank or dyke constructed by the
Commissioner 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 Commissioner: “ Gazette ” means The South Australian Government Gazette : “Government officer ” means the member of a Board appointed
by the Governor:
means any Justice of the Peace for the said State:
Crown Lands Act, 1903 ”: “Lessee” includes, as well as the original lessee of the land held
under a lease issued pursuant to this Act, the transferee of such lease, and the executors or administrators of such
lessee or transferee: “ Prescribed” means prescribed by this Act or any Act incor
porated herewith, or by regulation or by-law: “ Proclamation” means Proclamation by the Governor in the
Gazette : “ Ratable property” means any land situate within an irrigation
area other than unleased Crown lands: “ Ratepayer" and New
The Irrigation and Reclaimed Lands Act.—1908.
Ratepayer” means the occupier or lessee of ratable property: “ Reclaimed lands” means lands reclaimed from being swamp
lands: “Regulation ” means a regulation made under this Act: “ Surveyor-General” means the Surveyor-General for the said
State, or the person for the time being discharging the duties
of the office of the Surveyor-General: “ The Treasurer” means the Treasurer of the said State, or the
, Minister of the Crown for the time being discharging the
duties of such Treasurer: “This Act” includes regulations and by-laws made under this Act.
4. (1) Part I. of “The Crown Lands Act Amendment Act, Repeal Part 1. of 899 1905," and the whole of “The Reclaimed Swamp Lands Trusts of 1905, 910 of 1906. Act, 1906,” are hereby repealed.
(2) Such repeal shall not affect any authority constituted, power conférred, duty imposed, right granted or accrued, interest created, liability, forfeiture, or penalty incurred, offence committed, or any other thing done or omitted to be done under the said enactments, or any legal or other proceedings commenced or hereafter to be commenced with respect to any of such matters or things.
(3) All such matters and things are, so far as consistent with this Act, hereby preserved and continued and declared to be of the same force and effect as if the said enactments were still in force, or as if they were made or done under this Act, as the case may require; and any Board of Trustees constituted under “ The Reclaimed Swamp Lands Trusts Act, 1906,” shall continue as a Board constituted under this Act.
5. All powers conferred by this Act upon the Commissioner Discretionary shall be exercised when, where, and in such manner as he thinks fit, Commissioner's unless otherwise expressly provided.
PART 11. RECLAMATION OF SWAMP LANDS AND PROCLA
MATION OF IRRIGATION AREAS. 6. The Commissioner may reclaim and improve any swamp Reclamation and lands, whether such lands are or are not at the time included or improvement of
swamp lands. intended to be included in any irrigation area, and may construct
, all such embankments and other works, and do all such other things New. as he deems necessary for such reclamation and improvement.
7. (1) The public moneys to be expended by the Commissioner Provision of moneys in reclaiming and improving swamp lands and lands in irrigation improvement of lands. areas proclaimed as in this Act provided, in constructing, improving,
The Irrigation and Reclaimed Lands Act.—1908.
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 31 hereof, which have been voted by Parliament, shall be paid out of loan moneys, and shall be repaid to loan fund with interest at the rate of Four Pounds per centum per annum.
Future advances to
8. No money shall be advanced to a board or spent by the Boards to be approved Commissioner under this Act, otherwise than as provided by secby
tion 6 hereof, in any irrigation area other than the Beri Beri, Waikerie, and Ramco schemes unless a resolution approving of such irrigation area has been carried by both Houses of Parliament.
Proclamation of irrigation areas.
9. The Governor may by Proclamation set apart any Crown lands as an irrigation area. 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 within the meaning of section 3 hereof.
Power to alter boundaries of irrigation areas.
Survey and subdivision into blocke.
10. The Governor may from time to time by Proclamation
) (1) Withdraw any land included in any irrigation area from such area ; and may, as to the whole or any part of the land so withdrawn
(a) Proclaim it to be an irrigation area ; or
(c) Include it in an irrigation area then already proclaimed.
11. (1) The Commissioner shall cause the land included in any irrigation area, and the lands, if any, adjoining 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 he shall determine 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 Commissioner to be irrigable land, and may also contain any area of other land.
(3) The Commissioner 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.
Size and classes of land in blocks.
The Irrigation and Reclaimed Lands Act.—1908.
PART 11. (4) The Commissioner may cause sites for towns to be sub- Subdivision of town
sites. divided into allotments.
12. A plan, signed by the Surveyor-General, of the land in any Plan. 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.
DIVISION 1. 13. Until the constitution of a Board for an irrigation area, Management by such area shall be managed and controlled by the Commissioner, subject always to the control of Parliament respecting the moneys New. to be expended on such area.
14. The Commissioner, upon an irrigation area being proclaimed, Commissioner may
. may purchase and erect pumping machinery thereon, construct irri- purchase plant. gation works and channels, and acquire and provide appliances and New. facilities for supplying water to such area, or to such part or parts thereof as he thinks expedient, and for irrigating the irrigable lands therein.
15. The Commissioner may construct roads, streets, bridges, Construction of roads. wharves, docks, and jetties upon any irrigation area, and erect factories on any land reserved therefor.
DIVISION II. Division II.-ACQUISITION, Tenure, and TRANSFER OF LAND. 16. The Land Board shall, subject to the approval of the Com- Board to fix rent.
Act 899, 1905, 8. 4. missioner, fix the annual rent to be paid for each block in an irrigation area.
17. Each block shall be offered on perpetual lease at a rental as Terms of lease. hereinafter inentioned.
Ibid, s. 5.
18. Persons under eighteen years of age, and Asiatics, are dis- Disqualifications as
leaseholder. qualified from being lessees.
Cf. Act 830, 1903,
19. For the purposes of this Act all the provisions of the principal Incorporation of Act which relate to fixing of rents, to invitations for, consideration, Crown Lands Act,
certain provisions of acceptance, or rejection of applications for leases, to allot- 830 of 1903. ment of lands, and to the interpretation, preparation, execution,
Cf. 899, 1905, s. 6. registration, transfer, transmission, and forfeiture thereof, in so far as such provisions are not repugnant to this Act, shall apply mutatis mutandis to leases for blocks under this Act.
The Irrigation and Reclaimed Lands Act.-1908. PART III. DIVISION II. 20. 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
prised therein and the cost of reclaiming such land and of proIbid, s. 7.
viding pumping and irrigation channels in such block.
Payment of rent.
Ibid, s. 8.
21. (1) The said rent shall be payable as follows:
(a) For the first year one-quarter of the fixed annual rent:
amount of rent as fixed under sections 16 and 20 hereof. (2) All rents shall be due and payable in advance.
22. No person shall, in his own name or in the name of any other person, or either by himself or conjointly with any other person, be the holder of more than one block.
Rent to be paid in
Ibid, s. 10, altered.
Form of lease.
23. Every lease shall be granted by and in the name of the Commissioner, and shall be in the form in the Schedule to this Act, subject to any modifications or additions which the Commissioner thinks necessary for giving effect to this Act.
Dealing with upallotted lands.
Ibid, s. 11.
24. Any land in an irrigation area remaining unallotted for one year after being open to application at the rent fixed as aforesaid may be let at such reduced rental as is fixed by the Land Board and approved by the Commissioner, or on miscellaneous lease, as provided in section 159 of the principal Act.
Repurchased lands may be leased.
Ibid, s. 12, altered.
25. Any land purchased under Part X. of the principal Act 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.
26. Upon the construction, wholly or in part, of the works upon an irrigation area, and until the constitution of the Board therefor, the Commissioner may supply water to lessees of such area at such rates and upon such terms as he determines.
Supply of water.
Cultivation of blocks.
27. Lessees of blocks in an irrigation area may, before the constitution of the Board therefor, plant and cultivate their respective blocks and make improvements thereon ; but it shall be lawful for the Commissioner 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.
Accounts to be kept.
Division 1.--FINANCIAL. 28. The Commissioner 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