LAND. 1743

LAND ACT 1890.

B

An Act to consolidate the Laws relating to the Sale 54 VICTORIA,

and Occupation of Crown Lands, and for other °-— purposes.

[10th July, 1890.] E it enacted hy the Queen's Most Excellent Majesty by and with " The Land Act

the advice and consent of the Legislative Council and the Legis- mi" lative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Land Act 1890, and shall come short title into operation on the first day of August One thousand eight hundred S f v S . e n t

and ninety, and is divided into Parts Divisions and Subdivisions as follows:—

Division 1.—Introductory ss. 6-18. Division 2.—Pastoral Land ss. 19-29. Division 3.—Agricultural and Grazing

Lands ss. 30-64. Division 4.—Auriferous Lands ss. 65-68. Division 5.—Lands which may be sold by

Auction ss. 69-78. Division 6.—Swamp Lands ss. 79-85.

'(1) State Forests ss.

PAET I.—Crown Lands Generally.

Division 7.—State Forests Timber and Water Ee-serves.

86 and 87. (2) Timber Eeserves

ss. 88 and 89., (3) Water Eeserves

s. 90. (4) Local Forest

Boards ss.91-96. Division 8.—Leases and Licences for other

than Pastoral Grazing or Agricultural Purposes ss. 97-101.

Division 9.—Commons ss. 102-108. Division 10.—Trespasses and Penalties ss.

109-117. Division 11.—Miscellaneous ss. 118-143.

VOL. i n . 1

1744 LAND ACT 1890. [54 VICT.

" The Land Act 1884."

Repeal. lb. t. 2. First Schedule.

Proclamations appointments by-laws &c.

Proceedings not to abate.

Penalties offences.

Commons.

PAKT II.—Special Provisions for •{ Mallee Lands.

Penalties and forfeitures under Land Acts.

Division 1.—Mallee Country ss. 145-154. Division 2.—Mallee Border ss. 155-159. Division 3.—Mallee Pastoral Leases ss.

160-183. Division 4.—Survey of Boundaries ss. 184

and 185. Division 5.—Vermin Districts ss. 186-204. Division. 6.—Miscellaneous ss. 205-209.

PART III.—Resumption of Land for Public Purposes ss. 210-212.

2. The Acts mentioned in the First Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed. Provided that such repeal shall not affect any rule regulation order proclamation appointment return or valuation made, or any map or plan prepared, or any covenant or. condition entered into, or any licence lien or receipt given, or any fees due or payable, or any rent reserved, or any lease granted, or any rate struck, or any registration effected under the said Acts or any of them before the commencement of this Act. . . .

But nothing herein contained except where otherwise expressly provided shall affect alter or repeal the Mines Act 1890.

Provided that all reservations of land temporary or permanent other than those for pastoral purposes and all proclamations regulations appointments or by-laws made or made valid before the commencement of this Act by under or in pursuance of the said repealed Acts or any of them shall be of the same force and effect to all intents and purposes as if the said Acts were still in force except so far as they may be rescinded altered or amended by this Act or may be inconsistent with or repugnant thereto; and ' . - . - * . , . . •.

That no information suit appeal or other proceeding criminal or civil at law or in equity which at the-time of the commencement of this Act may be depending in any court or. before any judge or justices arbitrator or other authority shall abate or become discontinued or be in anywise prejudiced or affected, 'but shall be proceeded with heard and determined and. the verdict sentence judgment order decision or award enforced.as if the said Acts were still in force; and

That all offences committed and forfeitures and penalties incurred before the commencement, of this Act against any of the said repealed provisions shall and. may be tried punished [inquired into and enforced; and every conviction or order of any justice made or given before the commencement of this Act shall and may be enforced and proceeded with as if the said-Acts were still in force. • .. Provided further that until and subject to the exercise of the powers hereinafter contained all commons heretofore proclaimed shall continue to be managed and the managers appointed shall continue in office and may be removed and their successors appointed, and the fees shall and may be "collected, with the same rights and powers to the managers and persons entitled to commons respectively, and subject to the same rights liabilities and restrictions as if the said Acts were still in force. . • •

. And provided further that notwithstanding anything herein con­tained all proceedings civil or criminal of what nature or kind soever for,the enforcement of any forfeitures or penalties in regard to any land

No. 1106'.] LAND ACT 1890. 1745

alienated demised or held'under licence under the authority of the said "The Land Act

Acts or any of them shall and may be commenced and prosecuted as i f i m " • • the said Acts:were still in force; and _ . , ._ . ; .

The Governor shall in regard to all leases licences and selections Existing rights

under any of the Acts hereby repealed have and exercise the same power £?eU™ea!st3

of revocation and forfeiture, and every such power may be exercised and shall be enforced' and proved in like manner and every such revocation and.forfeiture shall have the same effect in every respect so far as may be as if the said Acts had not been repealed; and

. Nothing herein contained shall except where otherwise expressly Holders of

provided be deemed to affect any estate right or interest .created or 81ecuonS42nder

existing under or by virtue of the said Acts or any of them; .and the ^ef^u^cM Board may, to every person holding or at the commencement of this Act untaiand entitled to a licence to reside on or cultivate any lands on any gold-field puro ase "• or lands adjacent or heretofore dealt.with as being adjacent thereto under the provisions of the said Acts or any or either of them renew and for such purposes issue yearly licences whether the total amount thereof be in excess of twenty acres or not or where two or more licences have been issued to the same person for adjoining lands one licence in lieu thereof for the land comprised in all or any number of them until such person have been entitled to exercise and have exercised his right under this Act to obtain a lease of or purchase the land held by him, unless in the meantime such licence be declared forfeited or cancelled by the Governor; and the rights conferred by section ten of " The Land Act 1878" upon licensees of residence sites whether such rights have already accrued or , would hereafter have accrued but for the repeal of the Acts which are by this Act repealed shall be preserved and remain as though the said Acts had not been repealed; and all the provisions of the Acts hereby repealed sales and shall during the continuance of this Act remain and be in full force so Beleotion8-far as they respectively relate or can be applied consistently with this Act to any lands or allotments or subdivisions of allotments purchased .selected or possessed under the said Acts or any of them before the com­mencement of this Act, and to any lands which may be held under licence " : or be hereafter purchased or possessed by any purchasers or licensees or lessees under the said Acts or any of them, and to the issue of licences to the holders of land under the provisions of the said Acts and to the •forfeiture or cancellation of any such licence, and all rights of selection and purchase and of obtaining licences and leases given under and by the said Acts or any of them together with the obligations of selectors and licensees respectively are hereby confirmed and continued; and when before the commencement of this Act any Crown lands have been per­manently reserved for any of the purposes mentioned in section six of " The Land Act 1869" the Governor may convey any such land in fee or for any lesser estate to trustees for any of the purposes aforesaid.

3. Persons in occupation at the commencement of " The Land Act Existing

1884" of any lands of the Crown under the provisions of any of the Acts crwntands. •thereby repealed, and who remained on such lands after the expiration of n.«. 3. - • the term for which they held the same under any such repealed Acts and shall if the holder of a pastoral licence or of a grazing right for the one year next preceding the commencement of the said Act have con­tinued in occupation of the same until the thirtieth day of September . .One thousand eight hundred and eighty-five shall not so long as such lands are not required for the purposes of this Act and so long as they

I 2

1746 LAND ACT 1890. [54 VIOT.

•'The Land Act pay fees under a grazing licence issued under the authority of this Act 1884." J o r ^ g g r a s s 0 f s u c n lands, which the Minister is hereby authorized to

fix from time to time and to levy and take, be treated as trespassers thereon.

Interpretation. lb. 8. 4.

" Agricultural allotment."

"Board."

"Cattle" in Divisions two seven and eleven.

"Cattle" in Divisions nine and ten.

"Country lands.'

' Cultivation."

' Fence."

'Minister."

Occupy.'

" Selector under any previous Land Act or Acts." No. 145. No. 237. No. 360.

PART I.—CROWN LANDS GENERALLY.

4. In the construction and for the purposes of this Part of this Act, the following terms shall, if not inconsistent with the context or subject-matter, have the respective meanings hereby assigned to them (that is to say) :—

"Agricultural allotment" shall be taken to mean a quantity of land not exceeding three hundred and twenty acres and not embracing more than one-half of a mile of frontage, and like in proportion for a lesser area, to any reservation (whether existing at the commencement of this Act or there­after made) along any lake lagoon river stream or water­course forming a boundary of such allotment, measured in a right line from one extreme point of the same to the other, and which is applied for by any applicant for a licence under this Part of this Act, whether the same may be surveyed or unsurveyed Crown lands:

" Board " shall mean the Board of Land and Works : "Cattle" in Divisions two seven and eleven of this Part shall

include bulls cows oxen heifers steers calves horses mares geldings colts and fillies:

" Cattle " in Divisions nine and ten of this Part shall mean and include bulls cows oxen heifers steers calves horses mares geldings colts fillies asses mules sheep and goats, and shall apply to any one or more animal or animals of the said several kinds:

" Country lands " shall mean any lands not situate within any city town or borough:

"Cultivation" shall include planting cereal or root crops planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses:

" Fence" shall mean any fence of the kind mentioned and described in section four of the Fences Act 1890 except those mentioned and described in sub-sections iv. to vi. and vin. to x. (both inclusive) of the said section four:

." Minister" shall mean the Responsible Minister of the Crown for the time being administering this Part of this Act or the Division of this Part to which the expression refers:

"Occupy" in Division three of this Part shall mean residence by a licensee in his own proper person on or within five miles of his agricultural allotment:

" Selector under any previous Land Act or Acts " shall mean any person who has selected Crown lands under Part II. of " The Land Act 1862 " or who has become a' lessee of any Crown lands under Part II. of " The Amending Land Act 1865" or who is or has been a licensee under Part II. of "The Land Act 1869 " or who has selected land under Part II. or Part III. of " The Land Act 1884":

No. 1106.] LAND ACT 1890. 1747

"Substantial and permanent improvements" shall mean and •; The Land Act

include dams wells cultivation fencing clearing or draining *884'" of an agricultural allotment and the erecting of a habitable permanent

dwelling or farm or other buildings upon and permanently ""P™™"161148'" attached to the soil of such agricultural allotment:

"Traveller" shall mean a person travelling with cattle or sheep "Traveller." for the bond fide purpose of taking the said, cattle or sheep to and leaving them at a market or some other appointed place, but it shall not mean or include any person travelling or who appears or shall be deemed hereunder to be travelling with cattle or sheep for the purpose of depas­turing the same upon or on either side of any road or track commonly used as a thoroughfare or leading to any auriferous Crown lands on which persons are actually engaged in mining for gold or upon any common, and the burden of proving such bona fide purpose aforesaid and of • disproving such purpose of depasturing aforesaid shall in all criminal and civil proceedings whatsoever lie upon the person so travelling with cattle.or sheep or upon the party who is interested in proving that such person was a " traveller" within the meaning of this Part of this Act, and notwithstanding any law to the contrary such person shall be competent to give evidence on his own behalf:

"Vermin" shall include kangaroos wallabies dingoes or native •• vermin." dogs dogs run wild dogs at large foxes rabbits and any other animal or any bird which the Governor in Council may by proclamation in the Government Gazette declare. to be vermin for the purposes of this Part of this Act.

5. Nothing in this Part contained shall apply to or affect the lands This Part not

comprised in the Mallee Country and dealt with by Part II. of this Act. Maifie'country. a. i. s..

DIVISION ' 1.—INTEODUCTORT.

6. The whole of the unalienated lands belonging to the Crown Division of

shall be and are hereby divided into the following classes (namely):— co™ land (1) Pastoral lands: (2) Agricultural and grazing lands: (3) Auriferous lands: (4) Lands which may be sold by auction: (5) Swamp lands: (6) State forest reserves: (7) Timber reserves; and (8) Water reserves.

The area of land comprised within each of such classes respectively is delineated by projections bearing a distinguishing colour or shading on maps of the several counties in which such land is situated referred to in the Second Schedule hereto and known as -the deposited maps second which have been sealed with the seal of the Board and deposited with Sohedule-the Clerk of the Parliaments. The Governor in Council may by proclamation to be published in the Government Gazette from time to time increase or diminish the area of land comprised in any of the

1748 LAND ACT 1890. [54 VIO'T.

-The Land Act above-mentioned classes except increasing lands which may be sold by im" auction.

Governor in 7 . Under and subject to the provisions of this P a r t bu t not conve0yon0iy otherwise, the Governor in Council in the name and on behalf of Her under this Part. Majesty may gran t convey or otherwise dispose of lands for the t ime n' *'7' being belonging to the Crown for such estate or interest as in each case

is hereby authorized and for none other.

tand acquired 8 . Any land acquired by purchase or otherwise by the Crown and Board°may°be conveyed to Her Majesty or to the Board, except land acquired for conveyed. railway purposes, may be sold granted conveyed or otherwise disposed

of by the Governor in Council in the name and on behalf of Her Majesty in the same manner and form bu t not otherwise as if such land had never been alienated from the Crown.

Registration of . 9 . Every registration heretofore made under the " Real Property £h^same"868 Statute 1 8 6 4 " or under any previously existing Act concerning the cnrotae'nt. registration of deeds and conveyances affecting land of a memorial ot n. B. 9. any grant conveyance or surrender to Her Majesty of any freehold or

leasehold land or any estate or interest therein, and every registration heretofore made under Act No. 213 or under the " Transfer of Land Statute" of any surrender or transfer to Her Majesty of any estate or interest in any freehold or leasehold land under the operation or subject to the provisions of the last-mentioned Acts or either of them, and every

"' ' registration which shall hereafter be made under the Real Property Act 1890 of any such memorials as aforesaid or under the Transfer of Land Act 1890 of any such surrender or transfer as aforesaid, shall respectively be deemed to have been and shall be an enrolment of record of such g ran t conveyance surrender or transfer respectively.

Land reserved 1 0 . The Governor in Council may from t ime to t ime.ei ther by a orTcenslniT"^ general or particular description reserve either temporarily or per-n.«. IO. • • manently from sale or from being leased or from having a licence

granted in respect thereof any Crown .lauds which in his opinion are required for any public pmpose whatsoever, or for quays docks landing places tramways railways and railway stations roads canals or other internal communications, or for reservoirs aqueducts or watercourses, or

" a s a watershed or gather ing ground for water-supply purposes or as camping grounds or for watering purposes, or for the use or benefit of the aboriginal inhabitants , or the sites of markets abattoirs public ba ths or wash-houses state-schools reformatories mechanics' institutes libraries museums picture galleries schools of mines or other institutions for public instruction, experimental farms agricultural colleges and reserves of t imber for sawing or spli t t ing purposes and reserves for the growth and preservation of timber, gardens parks or hospitals asylums or infirmaries or places for the interment of the dead or for a face-course or for the recreation convenience or amusement of the people and by the

And excepted same or any subsequent notice may except from occupation for mining orf°tne0Ew°2c« purposes or for residence or business under any miner 's r ight or business 1890. , licence any specific portion of Crown lands or any area of Crown lands;

and no land so excepted or included in any area so excepted shall be occupied or continue to be occupied under any miner 's r ight or business licence after such exception until- such exception is revoked. Land permanent ly reserved or purport ing to have been permanently reserved

No. 1106.] LAND ACT 1890. 1749

by the Governor in Council whether within the powers of the Governor « The Land Act

in Council under any previous Land Act or Acts or in excess of the i m " said powers shall be deemed to have been permanently reserved for the purposes for which they may have been reserved, although such purposes were not authorized by the said Act or Acts, and to be permanently reserved for the said purposes under thia Act.

11. After any land has been temporarily reserved from sale or from Reserved lands being leased or from having a licence granted in respect thereof, the "e0Medor80ld

same shall not be sold or leased nor shall a licence be granted in respect »<*nsed. thereof until such temporary reservation has been revoked by the n ' ' ' u ' Governor in Council, and after any land has been permanently reserved from sale every conveyance or alienation thereof except for the purpose for which such reservation has been made shall be absolutely void as well against Her Majesty as all other persons whomsoever.

12. Before any land is permanently reserved ae hereinbefore Notice of mentioned, notice of the intention to rese.rve the same shall be .published S^tlonot in four consecutive ordinary numbers of the Government Gazette before ^lkhea in the the same is so reserved, and in every such notice the land proposed to Government be reserved and the purpose for which it is to be reserved shall be such reservation.

fully described and stated. n>- »• iz-

13. When any land has been temporarily reserved as hereinbefore Notice of mentioned or excepted from occupation under the Mines Act 1890, notice reservation to be

of such reservation or exception shall be published in the Government ^emmeZ Gazette, and before any temporary reservation is revoked notice of the ^^^j^ intention to make such revocation shall be published in four consecutive n.,. i3. ordinary numbers of the Government Gazette.

14. When Her Majesty has become or may hereafter become Escheated and

entitled to any lands either by escheat for want of heirs or by reason of ^*f l a n d s

any forfeiture or by reason that the same had been purchased or held by conveyed. or for the use of or in trust for any alien or aliens contrary to the pro- n'''u' visions of any law for the time being in force, if the Governor in Council thinks fit so to do the Governor in Council may grant such lands or any part thereof in fee simple or for any less estate to any person for the purpose of restoring the same to any of the family of the person whose estate the same had been or of carrying into effect any intended grant conveyance or devise of such last-mentioned person in relation thereto or of rewarding any person making discovery of such escheat or of Her Majesty's right and title thereto, or in default such land may be dealt with in the same manner as land not alienated by the Crown.

15. Every grant or any instrument heretofore executed by the Grant by

Governor in Council on behalf of Her Majesty and purporting to be a be°hairnof mr grant shall subject to the conditions thereof be valid and effectual as J^ftytobe

well against Her Majesty as against all other persons any law to the n>.s.u. contrary notwithstanding/0)

Governor may 16. The Governor in Council may subdivide any county into St^utrto^

parishes and townships and by proclamation to be published in the JSmsSfiwf" Government Gazette may define the boundaries of such parishes or Ib. „. i6. ' •

(a) As to the effect of this section in curing illegality in grants, see Attorney-General v. Golds-brough, 11 A.L.T., 149.'

1750 LAND ACT 1890. [54 YICT.

•TULandAct townships and may distinguish each by a name; after such proclama­tion the territory comprised within the boundaries of any of the said divisions shall thenceforward be recognised as a parish or township by the name so given as aforesaid. The Governor in Council may from time to time at the request of the council of any shire or borough alter by proclamation to be published in the Government Gazette the name of any such shire or borough and may also from time to time by pro­clamation as aforesaid alter the name of any county parish city town township 'land area gold-field river harbour lake bay lagoon swamp mountain glen or other place or locality whatsoever within Victoria. The Governor in Council may also by proclamation in the Government Gazette diminish or extend the area of any county or alter the boundaries or name of any county and add the territory taken away from one county to any other adjacent county and divide any county into two or more counties and give to each a distinguishing name.

17. Notwithstanding any law or usage to the contrary, every Crown grant and lease hereafter to be issued shall bear date on the day when the person named therein as grantee or lessee respectively first became entitled to such grant or lease, and the registration thereof under the Transfer of Land Act 1890 shall be deemed to be an enrolment of record thereof, and such enrolment shall relate back to the day of the date of the grant or lease.

Holders of cer- 18. When buildings or other improvements have been erected or feMesenntitiednto made upon any Crown lands held under section forty-nine of "The Land pre-emption. jcf 1869" or under any lease issued under section forty-seven of "The-ib. s. is. Land Act 1862" and of which land the licensee or lessee has been in

possession for a period of at least two years and a half, if it be proved to the satisfaction of the Board that such buildings or other improve­ments have been erected or made and that the licensee or lessee has been in possession of such lands as aforesaid and that the conditions of such licence or lease have been complied with, and if there be no objec­tion to the alienation of such lands on the ground of being auriferous or other reasons of a public nature to be stated by the Board within three months after being requested to do so by the licensee or lessee or within three months after an application has been made to purchase as hereinafter mentioned, the licensee or lessee shall have the exclusive right of purchasing the allotment on which such buildings or other improvements have been erected or made at a price to be determined by the Board not exceeding the upset price of the nearest land sold by the Crown before the issue of such licence or lease, and it shall be lawful for the Board previous to the purchase of any land under this section to grant to the licensee or lessee a certificate specifying the amount of rent paid by him during the period he may have been in possession- of such

• lands, and so much of the amount specified in such certificate for every acre or fractional part of an acre in such allotment shall be credited to. the. licensee or lessee.in the purchase-money of such allotment.

Governor in Provided always that it shall be lawful for the Governor in Council to Se?U-toerant grant a lease to such licensee of such allotment as the Board allows to

purchase the land comprised in such licence whereby the balance of the purchase-money may be paid and received by .equal half-yearly instalments.

Crown grants and leases to bo ante-dated. Ib. s. 17.

No. 1106.] LAND ACT 1890. 1751

DIVISION 2.—PASTOKAL LANDS.

19. A plan shall be kept of the lands comprised within the -The Land Act areas described in the Second Schedule hereto as pastoral lands, ^ j 0

8n ^ j 0

and on such plan there shall be projected boundary lines showing the pastoral aiiot-division of such pastoral lands into allotments' (hereinafter called ^"^j "pastoral allotments") varying in size and having a grazing capacity schedule. of from one thousand to four thousand sheep or from one hundred and fifty to five hundred head of cattle. The Governor in Council may before issuing a lease of any such pastoral allotment alter vary or extend or adjust such boundary lines in any way that he may think fit.

20. No lands forming part of the lands described in the Second Alienation of

Schedule hereto as pastoral lands shall while they remain in the class forbidden? 'n

of pastoral lands be alienated in fee simple, and every conveyance and a. s. 20. alienation thereof shall be absolutely void as well against Her Majesty as all other persons whomsoever.

21 . The Governor in Council may grant a lease for pastoral Term of lease, purposes of a pastoral allotment to the person who in manner hereinafterIb- '•21-provided acquires the right to a lease in respect of such pastoral allot­ment for any term of years provided that the term for which any land is so leased shall expire not later than fourteen years after the twenty-ninth day of December One thousand eight hundred and eighty-four and at the expiration of such term the land so leased and save as herein­after provided all improvements thereon shall revert absolutely to Her Majesty her heirs and successors. Not more than one pastoral allotment lease shall be granted to or held by any one and the same person.

22. The right to a lease in respect of such pastoral allotment shall Applications for

after public notice be granted to the first person who after such notice made.may be

lodges an application for the same. If two or more applications be n. s. 22. lodged on any one day before the hour of two of the clock in the after­noon in respect of the same pastoral allotment the right to a lease of Right to lease such pastoral allotment shall be offered for sale by auction, and notice mSfoad by

of such auction shall be given in the same manner in all respects as notice with regard to lands to be sold by auction in fee simple is to be given as hereinafter provided.

23. The person who bids the highest sum by way of premium for Highest wader the right to a lease of any pastoral allotment offered for sale by auction j£ b

eeJ£tltled

as aforesaid shall be entitled to receive a lease of the same, provided he n>. s. 23. pay such premium at the time .of such auction, and in default of such payment the right to lease shall be forthwith again put up to auction.

24. If there be no bidder at such auction, the right to a lease in n no bidder, respect of such pastoral allotment shall after public notice be granted SemaybV0' to the first person who after such notice lodges an application for the made-same. If two or more applications be lodged on any one day before the lbl s'24' hour of two of the clock in the afternoon in respect of the same pastoral allotment, the right to a lease of such pastoral allotment shall be put up to limited auction between such applicants. The person who then offers the highest amount of premium and forthwith pays the same shall be declared entitled to the lease.

1752 L A N D ACT 1890. [54 Y I C T .

" The Land Act 2 5 . If there be no bidder a t such auction and if after public notice ifno'bidder n 0 P e r s o n lodges an application for a lease of any pastoral allotment size of pastoral within one. month after the date of such auction the Governor in Council fttoredancf may subdivide any such pastoral allotment or add thereto any other a ^ offered, pastoral allotment not then leased anything in this P a r t of this Act to

the contrary notwithstanding, and in tha t case the r ight to a lease of such pastoral allotment altered as aforesaid shall be again submitted to public auction in the manner provided in this P a r t of this Act.

Rent to be 2 6 . The annual rent to be reserved in every lease of a pastoral ofpaltorai116"86 allotment demised under the provisions of this Pa r t shall be computed allotment. a^ ^he r a t e 0 f One shilling per head of sheep and Five shillings per n'"'26' head of cattle, the number of such sheep or cattle to be determined by

the grazing capacity of such pastoral allotment upon a basis of not more than ten acres to a sheep and the equivalent number of acres thereof for cattle.

Covenants &o. 2 7 . Every lease of a pastoral allotment shall be dated the first day ot lease. Qf j a n u a r y o r the first day of July in any year, and shall contain the

following covenants ( that is to say) :— Payment of rent. (1) A covenant for the payment of the annual rent reserved in

moieties in advance with half-yearly in te rva l s : Not to assign (2) A covenant tha t the lessee will not assign sublet or sub­

divide any land demised by such lease or any portion thereof without the consent of the Board signified in wr i t ing :

Lease void on (3) A condition tha t the lease shall become absolutely void on assignment. assignment thereof whether by operation of law or other­

wise save as is in this P a r t of this Act otherwise expressly provided:

To destroy (4) A covenant tha t the lessee will a t once and to the satis-vermm &o. faction of the Board commence and continue to destroy

and will within three years after the grant ing of the lease have destroyed to the satisfaction of the Board the vermin upon such land, and tha t he will keep the same free of vermin Bathurs t burr wild briar and gorse to the satis­faction of the Board during the currency of his lease: .

To keep in (5) A covenant tha t the lessee will keep in good condition and repair' repair during the continuance of the te rm of the lease al l

houses fences wells reservoirs tanks dams and all sub­stantial and permanent improvements situated on such demised land whether made erected or constructed by

. such lessee or not, reasonable wear and tear and damage by fire storm and tempest alone excepted, and tha t the lessee will not remove fill up or render useless or cause to be removed filled up or rendered useless any of the same without first obtaining the permission of the Board signified in wr i t ing :

Not to out (6) A covenant tha t the lessee will not during the currency of timber- his lease ring or destroy or except for the purpose of

fencing or building on the land demised by such lease cut

.No. 1106.] .LAND ACT 1890. 1753

down any timber in or npon such demised land unless with "TheLamiAct the sanction of the Board signified in writing and under1884'" the supervision of an officer appointed in that behalf by the Board:

(7) A condition that the lease shall be voidable at the will of Lease voidable the Governor in Council in the event of any breach of oron breach' non-compliance with the covenants thereof .by the lessee:

(8) A condition reserving to Her Majesty Her heirs and SUC- Resumption for

cessors a right to resume possession at any time of any of cert!unPurP03es-the land demised by the lease which may in the opinion of the Governor in Council be required for the purposes of water supply irrigation works races dams and ditches forest or timber reserves or for public railways roads canals or for tramways or other internal communication through such lands or for mining purposes or for the purpose of obtaining or removing therefrom guano or other manure stone or earth or for sites of inns stores smithies bakeries or similar buildings or of bathing-houses bathing places fishermen's residences drying grounds fellmongering establishments slaughter-houses limekilns bridges ferries toll or punt houses tanneries factories saw or paper mills stores warehouses or dwel­lings quays docks landing places or the deposit of materials shipbuilding and repairing boatbuilding and repairing or for the working of mineral springs or for the manufacture of salt or for the purpose of erecting pumps or for the purpose of cutting digging and taking away any live or dead timber gravel stone ballast limestone salt shell seaweed and loam brick or other earth:

(9) A condition reserving to the Governor in Council the power power,to to grant in the manner and on the conditions prescribed cwn°tomgrant in Division eight of this Part of this Act licences to any Uoenoe8-person to enter upon any of the land comprised in the lease and search for cut dig and take away any live or dead timber coal and other mineral gravel salt guano sand resin stone or limestone loam brick or other earth:

(10) A condition that Her Majesty Her heirs and successors may Resumption for at any time in accordance with regulations in that behalf mSgpPurposes. to be made by the Governor in Council under the authority of this Part of this Act resume as sites for townships or villages or for mining purposes and re-enter upon any lands forming part of the lands leased upon payment to the lessee of the full value of all houses fences wells reservoirs tanks dams and of all substantial and per­manent improvements made erected or constructed by such lessee on the lands so resumed. Nothing contained in any of these covenants or in this Part of this Act shall be construed to give a better tenure to the lessees in regard to the right of miners to enter upon such leased land in . . . . search of gold than was possessed by pastoral tenants under « The Land Act 1869:'"

1754 LAND ACT 1890. [54 V I O I .

1884. TheiandAct (11) A condition reserving to each and every other lessee of any

lessees.

in ressand pastoral al lotment his agents and servants the r igh t of egress for ingress egress and regress to and from his pastoral allot­

ment through from and to any public road or t rack, subject to regulations to be made by the Governor in Counci l :

Entry to (12) A condition tha t the Board or any person appointed in coveSsa t ha t behalf by the Board may a t any t ime enter upon the fulfllIed- land demised to ascertain if the conditions and covenants

of the lease are being performed by the lessee : Resumption. (13) A condition reserving to Her Majesty her heirs and suc­

cessors a right to resume after having given three years' notice in writing addressed to the lessee and published in three consecutive ordinary numbers of the Government Gazette possession of any land demised by such lease upon payment to the lessee for his interest in such lease together with the value of houses fences wells reservoirs tanks dams and of all substantial and permanent im­provements made erected or constructed by the lessee prior to the date of such notice and during the currency of his lease on the lands so resumed. Provided that the sum paid in respect of such improvements by the Board shall not exceed the sum expended thereon by such lessee, and that such sum shall be determined in accordance with regulations in that behalf made by the Governor in Council, and tha t the compensation to be paid to the lessee in respect of his interest in the lease shall be determined in manner provided by the Lands Compensa­tion Act 1890.

And every lease shall contain such other conditions and provisions not inconsistent with the provisions of this Pa r t of this Act as the Governor in Council approves of and directs to be inserted therein.

payment for 2 8 . Upon the expiration of the term of the lease of any pastoral raraSrationot allotment the lessee thereof or his executors administrators or assigns term of lease, shall be paid by any incoming tenant the value of all fences wells n'''w' reservoirs tanks and dams made erected constructed or effected during

the currency of his lease on the land demised by such lease and calcu­lated to increase the capability of carrying sheep or cattle of such land. Provided that the sum to be paid in respect of such improvements shall not exceed the sum expended thereon by the lessee his executors administrators or assigns and shall in no case exceed the sum of two shillings and sixpence per acre of such land, and that the sum to be so paid shall be determined in accordance with regulations in that behalf to be made by the Governor in Council.

Lessee of 2 9 . I t shall be lawful for the lessee of a pas tora l al lotment under m'fnt'inay'sdect the provisions of th is P a r t of th is Ac t a t any t ime dur ing the currency 320 Srlsdasg °f 8UCQ l e a s e> if the covenants and conditions thereof have been fulfilled, homestead. to select a portion of such allotment not exceeding three hundred and ib. s. 29. twenty acres in extent as a homestead in one block on payment to Her

Majesty a t the ra te of One pound per acre for each and every acre comprised in such lot.

No. 1106.] • LAND ACT 1890. 1755

DIVISION 3.—AGEICULTUEAL AND GEAZING LANDS.

30. A plan shall be kept of the lands comprised within the areas "The Land Act described in Second Schedule hereto as agricultural and grazing lands, 188*"J-3o. and on such plan there shall be projected boundary lines showing the grazing areas.

division of such agricultural and grazing lands into "grazing areas" | ^ ^ e varying in size not exceeding one thousand acres. The Governor in Council may before issuing a lease of any such grazing area alter vary or extend or adjust such boundary lines in any way that he may think fit.

31 . No lands forming part of the lands described in the Second Alienation of

Schedule hereto as agricultural and grazing lands shall be alienated Sdle'n!"18

in fee simple, and every conveyance and alienation thereof save as in n.«. 31. this Part of this Act otherwise expressly provided shall be absolutely | ^ ^ e void as well against Her Majesty as all other persons whomsoever.

32. The Governor in Council may grant a lease of a grazing area Lease of grazing to any person for any term of years, provided that the term for which *™™'S2 the land is so leased shall expire not later than fourteen years after the twenty-ninth day of December One thousand eight hundred and eighty-four, and at the expiration of such term the land so leased and save as hereinafter provided all improvements thereon shall revert absolutely to Her Majesty Her heirs and successors.

33. Any person not being a selector under any previous Land Act Agricultural

or Acts shall be entitled to take up a grazing area, and such person may iSeotoiS.ttonew

after the issue of his lease of such grazing area select thereout an area n. s. 33. not- exceeding three hundred and twenty acres (hereinafter designated an "agricultural allotment"), which shall be in one block or shall consist of adjacent blocks separated only by roads and subject to all the conditions of this Division of this Part of this Act and the same shall be excised from his lease and he shall be discharged so far as regards the covenants of such lease with respect to such excised land.

34. Any selector under any previous Land Act or Acts shall be Agricultural entitled to take up a grazing area the total acreage of which together selectora under with that of the land previously selected by such selector shall not previous Land exceed one thousand acres; and any such selector so taking up a grazing ^ s 34 area who has selected under such previous Land Act or Acts an area of land containing less than three hundred and twenty acres may after the issue of his lease of such grazing area select thereout an area (herein­after designated an "agricultural allotment") the total acreage of which together with that of the land previously selected by him shall not exceed three hundred and twenty acres, and such agricultural allot­ment shall be in one block or consist of adjacent blocks separated only by roads and subject to all the conditions of this Division of this Part of" this Act, and the same shall be excised from his lease and he shall be discharged so far as regards the covenants of such lease with respect to such excised land.

Not more than one grazing area lease shall be granted to or held by any one and the same person.

35. Any lessee who selects part of his grazing area as aforesaid Licence for

shall apply for a licence to occupy such land, and the Governor in ofag ing'area. Council may if he think fit issue to such lessee a licence to occupy such n.«. 35. land as hereinafter provided.

1756 L A N D ACT 1890. [54 VIOT. '

"The Land Act 3 6 . A n y person being of the age of eighteen years may any rule reasons (««is °^ ^&w o r Statute to the contrary notwithstanding take up a grazing area years of age may and legally take a lease thereof and become the licensee of an agricul-unkder thlsnd tural allotment, and thereupon every such person shall although such Division. person be not twenty-one years of age be in the same position with'

regard to his liability under an enforcement by h im of all contracts made with respect to such grazing area or agricul tural al lotment in the same position as though such person were of the full age of twenty-one, years . - ' . . .

Rent to bo 3 7 . The annual rent to be reserved in every lease of a graz ing area of grISngna1reT s a a ^ De a sum per acre of not less t han Twopence and not more than

Fourpence, and such sum shal l be fixed after appraisement of the land . by valuers appointed by the Board in t h a t behalf. Provided t h a t if there' be any substant ia l and permanent improvements on any graz ing area a t the date of the commencement of a lease of t he same, an additional rent of Five pounds per centum per a n n u m on the capi ta l value of such substant ia l and permanent improvements shal l be reserved in such lease.

I grazing lb. s. 37.

Covenants &0. of lease. lb. 8. 38.

Payment of rent.

Not to assign.

Lease void on assignment.

To destroy vermin &c.

(4)

Tokeepinrepair.(

Not to out timber.

3 8 . Every lease of a graz ing area shall be dated on the first day of J a n u a r y or the first day of J u l y in any year, and shall contain the following covenants ( tha t is to s ay ) :—

(1) A covenant for the payment of the annual rent reserved in moieties in advance with half-yearly intervals :

(2) A covenant that the lessee will not assign sublet or subdi­vide any land demised by such lease or any portion thereof without the consent of the Board signified in writing:

(3) A condition that the lease shall become absolutely void on assignment thereof whether by operation of law or other­wise save as is in this Part otherwise expressly provided :

A covenant that the lessee will at once to the satisfaction of the Board commence and continue to destroy and will within three years after the granting of the lease have destroyed to the satisfaction of the Board the vermin upon such land, and that he will keep the same free of vermin Bathurst burr wild briar and gorse to the satisfaction of the Board during the currency of his lease:

(5) A covenant that the lessee will keep in good condition and repair during the continuance of the term of the lease all houses fences wells reservoirs tanks dams and. all sub­stantial and permanent improvements situated on such demised land whether made erected or constructed by such lessee or not, reasonable wear and tear and damage •by fire storm and tempest alone excepted, and that the lessee will not remove fill up or render useless or cause to be removed filled up or rendered useless any of the same without first obtaining the permission of the Board signified in writing: ;

(6) A covenant that the lessee will not during the currency of his lease ring or destroy or except for the purpose of fencing or building or domestic use on the land demised by such lease cut down any timber in or upon such

No.' 11061] LAND ACT 1890. 1757

demised land unless with the sanction of the Board signi- "The Land Act tied in writing and under the supervision of an officerim'" appointed in that behalf by the Board: covenant that the lessee will, if not sooner called upon Fencing. under the provisions of the Fences Act 1890 within three years from the date of his lease enclose the land demised thereby with a fence and keep the same in repair: condition that in the event of the lessee becoming the Forfeiture when licensee of any portion of the demised land as an agricul- co™p°iied°with. tural allotment and his licence thereafter being annulled for breach of any of the provisions of this Part of this Act, or of the conditions of such licence, the lease shall be voidable at the will of the Governor in Council: condition that the lease shall be voidable at the will of Breach. the Governor in Council in the event of any breach of or non-compliance with the covenants thereof by the lessee:

(10) A condition reserving to Her Maj'esty Her heirs and succes- Resumption for' sors a right to resume possession at any time of any of the pubises. land demised by the lease which may in the opinion of the Governor in Council be required for the purposes of water supply irrigation works races dams and ditches or for public railways roads canals or for tramways or other internal communication through such lands or for mining purposes or for the purpose of obtaining or removing there­from guano or other manure stone or earth or for sites of inns stores smithies bakeries or similar buildings or of bathing-houses bathing places fishermen's residences drying grounds fellmongering establishments slaughter­houses limekilns bridges ferries toll or punt houses tan­neries factories saw or paper mills quays docks landing places or the deposit of materials shipbuilding and re­pairing boatbuilding and repairing or for the working of mineral springs or for the manufacture of salt or for the purpose of erecting pumps or for the purpose of cutting digging and taking away any live or dead timber gravel stone ballast limestone coal salt shell seaweed and loam brick or other earth upon payment to the lessee for his interest in such lease together with the value of houses fences wells reservoirs tanks dams and of all substantial and permanent improvements made erected or constructed by the lessee during the currency of his lease on the lands so resumed. Provided that the sum paid in respect of such improvements by the Board shall not exceed the sum expended thereon by such lessee, and that such sum shall be determined in accordance with regulations in that behalf made by the Governor in Council, and that the compensation to be paid to the lessee in respect of his interest in the lease shall be determined in manner pro­vided by the Lands Compensation Act 1890. . .

(11) A condition that Her Majesty Her heirs and successors may Resumption for at any time in accordance with regulations in that behalf mining, ;

to be made by the Governor in Council under the authority PurP°ses-of this Part of this Act resume as sites for townships or

(7) A

(8) A

(9) A

.'1758 L A N D ACT 1890. [54 V I C T .

••The Land Act villages or for• mining purposes and re-enter upon any 1884'" lands forming par t of the lands leased upon payment to

the lessee of the full value of all houses fences wells reservoirs tanks dams and of all substantial and perma­nent improvements made erected or constructed by such lessee on the lands so resumed. Nothing contained in any of the covenants of any such lease or in this P a r t of this Act shall be construed to give a better tenure to the lessees in regard to the r ight of miners authorized by the Minister subject to any conditions he may th ink fit to impose to enter upon any portion specified by the Minister of such leased land in search of gold than was possessed by pastoral tenants under " The Land Act 1 8 6 9 " with regard to the r igh t of miners to enter upon the lands occupied by such pastoral tenants :

ingress and (12) A condition reserving to each and every other lessee of any egress of lessees grazing area his agents and servants the r igh t of ingress

egress and regress to and from his grazing area through from and to any public road or track, subject to regula­tions to be made by the Governor in Council:

Entry to (13) A condition tha t the Board or any person appointed in t h a t otvenante1' behalf by the Board may a t any t ime enter upon the land ful^led- demised to ascertain if the conditions and covenants of the

lease are being performed by the lessee: Resumption. (14) A condition reserving to Her Majesty Her heirs and suc­

cessors a r ight to resume after having given three years ' notice in wri t ing addressed to the lessee and published in three consecutive ordinary numbers of the Government Gazette possession of any land demised by such lease upon payment to the lessee for his interest in such lease together with the value of houses fences wells reservoirs tanks dams and of all substantial and permanent improve­ments made erected or constructed by the lessee prior to the date of such notice during the currency of his lease on the lands so resumed. Provided t h a t the sum paid in respect of such improvements by the Board shall not exceed the sum expended thereon by such lessee, and t h a t such sum shall be determined in accordance with regula­tions in tha t behalf made by the Governor in Council, and tha t the compensation to be paid to the lessee in respect of his interest in the lease shall be determined in manner provided by the Lands Compensation Act 1890.

And every lease shall contain such other conditions and provisions not inconsistent with the provisions of this P a r t of this Act and not prohibiting the plant ing of trees or artificial grasses or the growth of produce for the use of any lessee as the Governor in Council approves of and directs to be inserted therein.

Appointment ot 3 9 . There shall be one or more land officers and one or more land land offlcerand offices for the purpose of receiving applications for leases of pastoral ib. s. 39. allotments grazing areas and applications in respect of the occupa­

tion of agricultural allotments and payments on account thereof; and no such land officer shall directly or indirectly become the lessee or

No. 1106.] LAND ACT 1890. 1759.

licensee of any Crown land within the district to which he has been -The Land Act appointed. im-"

40. Any person may on any day during office hours deliver or Application for a cause to be delivered his application to a land officer acting in the l^e °r

0hoenoe'

district for a lease of a pastoral allotment grazing area or for a licence to occupy an agricultural allotment. Every application shall be received and entered in its order in a book to be kept for that purpose.

4 1 . Upon the expiration of the term of the lease of any grazing Payment for area the lessee thereof or his executors administrators or assigns shall ™ ™P

VirationSof be paid by any incoming tenant the value of all fences wells reservoirs term of lease-tanks and dams made erected constructed or effected during the currency n'8"41" of his lease on the land demised by such lease, and calculated to increase the capability of carrying sheep or cattle of such land. Provided that the sum to be paid in respect of such improvements shall not exceed the sum expended thereon by the lessee his executors administrators or assigns and shall in no case exceed the sum of Ten shillings per acre of such land, and that the sum to be so paid shall be determined in accordance with regulations in that behalf to be made by the Governor in Council.

42. The Governor in Council may if he think fit issue a licence to Licences to

occupy any agricultural allotment not exceeding in the whole three theUwista"fands hundred and twenty acres for a period of six years at a fee for occu- 0| the Crown-pation of One shilling per annum for each and every acre or fractional '"'42

part of an acre to any person who has applied for such licence and who has paid a half-year's fee in advance for such allotment.

43 . No person shall become a licensee either in his own name Extent to which or in the name or names of any other person or persons of an agricul- K?ted?y be

tural allotment under this Division of this Par t of this Act in respect a- «•«. of more than three hundred and twenty acres of land. No licence shall be issued to any person who under the provisions of any previous Land Act or Acts has selected the maximum number of acres allowed by this Par t of this Act, or who has taken up a pre-emptive right for such maximum number of acres, or who has made a selection under any Land Act or Acts and whose selection has been forfeited or cancelled for the evasion of the provisions of any such Act or Acts; but a selector under any previous Act or Acts may take up a sufficient quantity of land to make up the maximum number of acres allowed under the provisions of this Par t of this Act; and no person shall become the licensee of any agricultural allotment who is an infant under eighteen years of age or who is a married woman not having obtained a decree of judicial separation or who is in respect of the agricultural allotment Applicant not to

for which a licence has been applied or in respect of any part thereof n o ra

a ^ t e

an agent or a servant of or a trustee for any other person, or who at the time of the application has entered into any agreement to1 permit any other person to acquire by purchase or otherwise the agricultural allotment in respect of which such application is made or any part thereof or the applicant's interest therein or the usufruct thereof; and all land applied for under this Part of this Act shall be so applied for bond fide for the use and benefit of the applicant in his .own proper person and not as the agent or servant or. trustee of or for any other person.

VOL. III.

1760 JLAND ACT 1890. [54 VICT.

" The Land Act 1884." Licence and lease may be declared forfeited.

Contracts in violation of Act void.

Conditions of licence. lb. s. 44.

To pay licenco fee.

Not to assign.

To destroy vermin.

Fencing.

Re-entry in certain cases.

Provided that if any person in violation of any of the pro­visions hereof become the licensee of an agricultural allotment the Governor in Council may declare the licence of any such agricultural allotment and the lease of the grazing area of which such agricultural allotment" formed a part at the date of the granting of such lease to be forfeited. And upon publication in the Government Gazette of notice of such declaration the interest created by the said licence and the said lease shall cease and determine, and all the right title and interest of the licensee in and to such licence and in and to the agricultural allot­ment therein described, and all moneys paid for fees in respect of such agricultural allotment and in and to such lease and grazing area thereby demised and all moneys paid as rent for such grazing area shall be absolutely forfeited.

Provided also that all contracts agreements and securities which are made entered into or given with the intent or which (if the same were valid) would have the effect of violating all or any of the provi­sions of this Division of this Part of this Act or of any condition of a licence granted under this .Division, and all contracts and agreements relating to an agricultural allotment made or entered into before or after the issue of a licence and to take effect wholly or in part before at or after the termination of six years from the commencement of the said licence, shall and are hereby declared to be illegal and absolutely void both at law and in equity.

44. Every licence shall be issued by the Governor in Council and shall contain the following conditions:—

(1) A condition for the payment of the fee in moieties in advance with half-yearly intervals :

(2) A condition that the licensee will not during the currency of such licence assign the licence nor transfer his right title.and interest therein or in the agricultural allotment therein described or any part thereof nor sublet the said agricultural allotment or any part thereof, and that the licence shall become absolutely void on assignment of such licence whether by operation of law or otherwise, save as in this Part is otherwise expressly'provided, or upon the said agricultural allotment or any part thereof being sublet:

(3) A covenant that the licensee will at once and to the satis-: faction of the Board commence and continue to destroy

and will within two years after the issue of the licence have destroyed to the satisfaction of the Board the vermin upon such land, and that he will keep the same free of vermin to the satisfaction of the Board during the currency of the licence:

(4) A condition that the licensee shall if not sooner called upon under the provisions of the Fences Act 1890 within six years from the issue of such licence enclose the land described in such licence with a fence and keep the same in repair:

(5). A condition annulling the licence in case of non-payment • •. ' ofthefees.oranyof them in accordance with the conditions

herein mentioned or in case the licensee do not .within

No. 1106.] LAND ACT 1890. 1761

twelve months after the issue of the licence and thence- " The Land Act

forward during the continuance of such licence occupy 1881" the agricultural allotment, or in case substantial and permanent improvements certified in writing under the seal of the Board or under the hands of arbitrators to be of the value of One pound for every acre and fractional part of an acre of the agricultural allotment shall not have been made on the agricultural allotment by the licensee his executors or administrators before the end of the sixth year from the commencement of the licence, or in case of the breach or non-fulfilment of any of the conditions of the licence or of the violation of any of the provisions of this Part.

(6) A condition that if the licensee during the said period Residence and occupy the agricultural allotment for not less than five imProvemente-years, and fence and make the improvements of the nature and value in the previous conditions mentioned on the agricultural allotment during the said period of six years and prove to the satisfaction of the Board (to be certified under its seal) by such evidence as the Board may require that he has complied with the said conditions n conditions of and with all other conditions of the said licence, he shall with leases may

be entitled at any time within twelve months after six be demanded-years from the commencement of the licence to demand and obtain from the Governor in Council a Crown grant upon payment of Fourteen shillings for each acre or fractional part of an acre, or otherwise he may obtain a lease of the said agricultural allotment; and every such lease shall be for a term of fourteen years at a yearly Duration and

rent of One shilling for each acre or fractional part of ™^eenants of

an acre so demised, payable in equal parts half-yearly in advance, and shall contain the usual covenant for the payment of rent and a condition for re-entry on non­payment thereof; and upon the payment of the last sum Rent to go in due on account of the rent so reserved, or at any time puXse money. during the term upon payment of the difference between the amount of rent actually paid and the entire sum of One pound for each acre or fractional part of an acre, the lessee or his representatives shall be entitled to a grant in fee of the lands leased, and every such grant shall be subject to such covenants conditions exceptions and reservations as the Governor in Council may direct. Provided also that if it be proved to the satisfaction of the Minister by any licensee that owing to ill-health he is unable to reside on his agricultural allotment, or that for any other reason it is expedient so to do, the Minister may cause the said agricultural allotment to be put up for sale by auction. Provided also that in the case of insolvency or the insolvency or death of the licensee during the currency death' of such licence it shall not be obligatory on the assignee or trustee in insolvency or on the executors.or adminis­trators of such licensee to comply with the said condition of.occupation. Provided also that in the case of the

K 2

1762 L A N D ACT 1890. [54 V I C T .

••The Land Act insolvency or death of the licensee dur ing the currency ,1884-" of such licence i t shall ' be lawful for t h e assignee or

trustee in insolvency or for the executors or adminis trators of such licensee to assign such licence to any person who is qualified for becoming a licensee under this Division, and such person shal l thereupon be wi th respect to such licence in the same position as though he had been the original l icensee:

Resumption for (7) A condition t h a t the Governor in Council or the Board certain purposes. m a y a . a n y y m e ( h u ^ g t n e currency of the licence enter

upon the whole or any portion of the agr icul tural al lot­ment for the purpose of resuming any lands comprised in such agricul tural a l lotment and required for reserves for public purposes roads rai lways canals or for min ing purposes. Provided t h a t any moneys which may have been paid by the licensee to the Crown in respect of the lands so resumed or expended by h im thereupon shal l be repaid to h im together wi th such other moneys as compensation for such resumption as to the Governor in Council seems fit.

A n d every licence shal l contain such other conditions and provisions not inconsistent wi th the provisions of this P a r t as the Governor in

Declaration to Council approves of and directs to be inserted therein. Provided jjusHc that'0"5 further t h a t before any licence or lease under this Division of th is P a r t comf'orn!?" with *s i s s u e ( i to any appl icant such applicant shal l make a declaration provisions of this before a justice in a form to be settled by the regulations t h a t such Part' application is made by h im in conformity wi th and not in violation of

any of the provisions of this P a r t . Provided further t h a t any licensee under the provisions of this section may in each and every year dur ing the continuance of his licence apply to a land officer act ing in t he district to register in a book to be kep t for t he purpose a notice in wri t ing signed by the said licensee of his intention to be absent from his agr icul tural al lotment for a period or periods not exceeding in the whole three months (specifying the dates of commencement and terminat ion of his intended absence), and any absence between the dates thus registered shal l not be deemed to be a breach or non-fulfilment of the condition of occupation contained in his licence or a violation of any of the provisions of this P a r t .

Licences 4 5 . I f any person become the licensee or continue to hold a vitiation o" this licence of any Crown lands in violation of or non-compliance wi th any fraudulent and °^ *ne provisions of this P a r t of this Act, the same shal l be a fraud void. under this Pa r t , and such licence shall be forfeited and void ; and if a t n>. s.i5. any t ime i t be shown to the satisfaction of the Governor in Council cases Governor t h a t any licensee who occupies any agricul tural a l lotment under a licence L"nuiu"ucnmay n a s Deea gui l ty ,°f fraud illegality under or a violation of th is P a r t or licences and n a s committed a breach of or not fulfilled any of the conditions of his leases of certain . . , , ~ ~, . , i i T T grazing blocks, licence, the Governor in Council may revoke such licence and resume

possession of the land therein mentioned and dispose of i t as if such licence had never been issued : and if a t any t ime a licence of an agr icul tural a l lotment become forfeited or void or be revoked as aforesaid and the licensee of such agricul tural a l lo tment is a t such t ime lessee of the grazing area of which such agricul tural al lotment formed

No. 1106.] LAND ACT 1890. 1763

a part immediately before the issue of such licence, the Governor in "The Land Act Council may declare the lease of such grazing area void and resume pos- 1884" session of the land thereby demised as if such lease had never been made, and no claim at law or in equity under such licence or licence and lease as the case may be shall be made entertained or enforced in any court against such revocation and resumption, but such licensee shall be taken to have forfeited all right title and interest under such licence or licence and lease as the case may be and to be as against Her Majesty the Governor in Council and the Board or any person claiming under Her Majesty the Governor in Council or the Board as aforesaid as a mere trespasser, and the production of a copy of the Government Gazette Evidence of containing a notice purporting to be signed by the Minister of the revooatlon-revocation or forfeiture of any licence or licence and lease or that any such licence or licence and lease has become forfeited and void shall be conclusive evidence that such licence or licence and lease has been lawfully determined and annulled.

46. If it be proved to the satisfaction of the Board within sixty value of days after the end of the sixth year from the commencement of the ™ arbitrated3 *° licence that substantial and permanent improvements of the value n>.«.«. of One pound for every acre and fractional part of an acre of the agricultural allotment have been made on the agricultural allotment in terms of the conditions of his licence before the end of the sixth year aforesaid, a certificate under the seal of the Board to that effect shall be given to the licensee his executors or administrators. If the Board be not satisfied that substantial and permanent improvements of the value aforesaid have been made within the time aforesaid by the licensee his executors or administrators upon the agricultural allotment, such improvements respectively may be valued by arbitration within the periods and in the manner hereinafter mentioned. For the purpose of Arbitrators how

such arbitration, one arbitrator shall be appointed by the licensee his aPP°inted-executors or administrators and another arbitrator shall be appointed by the Board, and the two arbitrators so appointed shall by writing under their hands nominate and appoint a third arbitrator. Such three Form of arbitrators or any two of them shall make their valuation in writing vaJuatl0n-within six months after the end of the sixth year from the commence­ment of the licence; and every such valuation shall be in the form contained in the Third Schedule to this Act or to the like effect, and Third shall be transmitted by the arbitrators to and be deposited in the office SoheduIe-of the Board.

47. Upon any valuation under this Division of this Part of this Proceedings on Act the Board on the request of the licensee his executors or adminis- ^otatan trators shall appoint an arbitrator by delivering to the licensee his arbltrator-executors or administrators or by leaving the same at his residence on the allotment an appointment of such arbitrator under the seal of the Board. And the licensee his executors or administrators on the request of the Board shall appoint an arbitrator by delivering at the office of the Board an appointment of such arbitrator under the hand of the said licensee his executors or administrators. If for fourteen days after the delivery of any such appointment by either the Board or the licensee his executors or administrators the party to whom such appointment has been delivered fail to appoint an arbitrator, the arbitrator appointed by the party delivering the notice shall be deemed to be appointed by and

1764 LAND ACT 1890. [54 VICT:

" The Land Act shall act alone on behalf of both parties, and shall make his valuation 188*'' in writing within such time and in such form as hereinbefore provided

in respect of valuations to be made by two arbitrators; and the valua­tion of any arbitrator or arbitrators appointed in pursuance of this Division of this Pa r t shall be binding final and conclusive upon the Board and the licensee his executors and administrators to all intents and purposes whatsoever. And every such valuation shall be in the form contained in the Third Schedule to this Act or to the like effect, and shall be transmitted by the arbitrators to and be deposited in the office of the Board.

Third Schedule.

Death of arbitrator. 26. 8. 48.

Improvement or non-residence licence. Fee to be Two shillings per annum. lb. s. 49.

No condition as to occupation. Improvements.

Purchase money.

Provisions relating to non-residence licences. lb. 8. 50.

48. If before the making of such valuation as aforesaid any arbitrator die or refuse or become incapable to act, the party by whom such arbitrator was appointed shall appoint in like manner another in his stead; and if either party fail so to do for the space of fourteen days after notice from the other party in that behalf, the arbitrator appointed by the party giving the notice may proceed alone ex parte; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made.

49. The Governor in Council may if he think fit issue a licence (hereinafter called " non-residence licence") to improve an agricultural allotment for a period of six years at a fee for such licence of Two shillings per annum for each and every acre or fractional part of an acre to any person who, being entitled to become a licensee of an agricultural allotment under the provisions of this Division of this Part of this Act, has applied for such licence and has paid a half-year's fee in advance, and every such licence shall be upon the like (save as in this and the next following section provided) conditions and terms as licences to occupy agricultural allotments may be issued under this Division of this Part of this Act. Provided that no condition as to residence or occu­pation or as to the kind of improvements to be made by the licensee save as regards fencing shall be contained in such licence. Provided also that there shall be contained in such licence a condition annulling

.the same unless in respect of every acre or fractional part of an acre of such agricultural allotment substantial and permanent improvements be made before the end of the third year of the currency of the licence of the value of One pound, and before the end of the sixth year of such currency of the value of One additional pound, and that the entire sum payable in respect of the purchase money for any such agricultural allotment shall be at the rate of Two pounds for every acre or fractional part of an acre. Provided also that the rent reserved in any lease obtained in pursuance of the conditions of any non-residence licence shall be Two shillings per annum for each and every acre or fractional part of an acre.

50. All the provisions of this Division of this Part of this Act which are applicable to licences to occupy and leases of agricultural allotments and to the persons who hold the same including the rights and liabilities thereby conferred or imposed shall except where it is otherwise in this Division of this Part of this Act expressly provided apply and extend to non-residence licences and to leases issued in pur­suance of the conditions of any such licences and to the persons who may

No. 1106.] LAND ACT 1890. 1765

hold such licences or leases. "Provided always that at any time after the " The Land Act

period of the currency of the licence and during the term of the lease jf34-" (such substantial and permanent improvements of the value aforesaid lessee.086 y

having been made to the satisfaction of the Board), and upon payment of the difference between the amount of licence fees and rent reserved actually paid and the entire sum of Two pounds for each acre or fractional •part of an acre, the lessee or his representatives shall be entitled to a grant in fee of the lands so leased, and every such grant shall be subject to such covenants conditions exemptions and reservations as the Governor in Council directs. Provided also that during any one year non-resi- Limit of non-dence licences shall not be issued under the provisions of this Part of this l 'nc to be Act for more than fifty thousand acres of Crown lands. Provided that the *s™r

ed in one

Governor in Council may if he think fit at the request of any licensee under this Division of this Part of this Act convert the licence of such licensee into a non-residence licence, and such non-residence licence shall bear the same date as that of the original licence; of if any such licensee hold a non-residence licence, the Governor in Council may at the request of such licensee convert his non-residence licence into an ordinary licence under this Division of this Part of this Act, and such ordinary licence shall bear the same date as that of the original non-residence licence. Provided further that when any licence or non-residence licence is so converted the rent due shall be computed in accordance with the terms and conditions of the original licence up to the actual date of the issue of the new licence and thereafter in accordance with the terms and conditions of such new licence.

51 . If entry be made upon any agricultural allotment or allot-Forfeited lands ments for breach of or non-compliance with any of the provisions of this oTsoicf hcense

Part or of any condition of any licence or covenant of any lease, the n- «•B1-Governor in Council may direct that such agricultural allotment or allotments or any portion thereof may be again licensed in the manner in this Division provided, or that the same shall be sold by public auction in the same manner and on the same conditions as it is directed that lands described in the Second Schedule hereto as lands which may be sold by auction shall be sold.

52. No will or codicil or the granting of any probate or letters of Assignment of administration shall be deemed to be an assignment or transfer within aTi0w

Cednot

the meaning of this Division of this Part of this Act; and no person being n.». 52. a lessee or licensee under this Division of this Part of this Act to whom a lease of a grazing area or a licence of an agricultural allotment devolves or is transferred under the provisions of any will or codicil or on the granting of any probate or letters of administration shall be deemed thereby to be acting in contravention of this Part or of the covenants or conditions of his lease or licence.

If any assignment or transfer by operation of law on the insol- Effect of certain vency of any lessee of a grazing area or licensee of an agricultural assignments allotment or allotment under " The Land Act 1869" or any Act re-assignments.

amendingthe same or of "The Land Act 1884" of anysuch lease or licence takes place, and if the assignee or trustee in insolvency re-assign such lease or licence within three months from the date of such insolvency to any person who is qualified for becoming a licensee under this Division of this Part of this Act, such assignment or transfer and such

1766 LAND ACT 1890. [54 VICT.

"The Land Act re-assignment shall not be deemed an assignment or transfer within the im'" meaning of this Division of this P a r t of this Act. On any such re­

assignment as aforesaid to any person qualified for becoming a licensee under this Division of this Pa r t of this- Act, such person shall be with respect to such lease or licence in the same position as though he had been the original lessee or licensee.

Consent of Board Except as hereinbefore in this section provided, no assignment or rniSarfeSeor underlease or transfer of any lease of a grazing area without the consent ofanrarin°( area" °^ *ne Board signified in writing or of any licence granted under the

provisions aforesaid or of the right title or interest of the licensee therein or of the land therein described whether by operation of any law now or hereafter to be in force or by act of the licensee shall take effect or have any force or validity either a t law or in equity.

Non-payment of 5 3 . The Board shall as soon as conveniently may be after the last blfga eued.40 days of June and December in every year prepare a list of the names of ib. s. 53. all persons from whom fees or rent have become due during the six

months ending on those days respectively on licences or leases granted under " The Land Act 1884" and leases under the Acts thereby repealed and on licences or leases under this Division of this Pa r t of this Act and who have not paid such fees or rent, and the days on which such fees or rents became due ; and every such list shall be in

Fourth , the form of the Fourth Schedule to this Act or as near thereto as may schedule. ^ a n ( j sh a ;n ^e forthwith published in the Government Gazette; and

the insertion in such list of the name of any person from whom fees or rent became due during the periods aforesaid respectively shall he prima

facie evidence of the non-payment of such fees or rent and shall be evidence of notice to the parties therein named that such fees or rent have been due and that payment thereof where necessary has been lawfully demanded.

unsurveyed 5 4 . If at the time any licence be issued to an applicant for an S b i e toShavo° agricultural allotment under this Pa r t of this Act such agricultural nxedat anylnne allotment has not been surveyed under the direction of the Board, the during continu- temporary boundaries thereof shall be marked and described by the ance of licence. i • L j_ i • . L A T t I 1 1 T J ib. s. 54. applicant at his cost. Any dispute between two or more licensees respect­

ing temporary boundaries shall be settled by the Minister, or as he directs. All such boundaries shall be liable to be adjusted and permanently fixed by the Board at any time during the continuance of such licence or before the issue of a lease or grant from the Crown of such agricultural allotment.

Selectors may at 5 5 . For the purpose of enabling any selector under any previous rcrowifgrnL'tof Land Act or Acts or any licensee or lessee of any agricultural allotment auotaneeSntffor'eir u n ( i e r this Pa r t of this Act or any Act hereby repealed to establish vineyard or and cultivate a vineyard hop garden or orchard any such selector J&V65 licensee or lessee at any time during the term of his licence or lease,

upon payment of the difference between the amount of rent actually paid and the entire sum of the purchase money payable in respect of any part of his allotment not exceeding twenty acres in extent, shall be entitled to a grant in fee of such part of his allotment when so planted, and every such grant shall be subject to such covenants conditions exceptions and reservations as the Governor in Council may direct.

No. 1106.] LAND ACT 1890. 1767

56. With respect to any lessee of any agricultural allotment of« The Land Act

land under this Par t or " The Land Act 1884" or of an allotment under im" "•B6-Par t I I . of " The Land Act 1869 " or any Act amending such last- oXTorZ,™6

mentioned Par t who has obtained any advance of money on the security S ^ e d t o of his lease, the following provisions shall have effect:— mortgagees &c.

(1) Such lessee may give to any person by whom such a n a d - Lessee may give

vance was made an order in writing under his hand detiveryof (witnessed by any justice of the peace) authorizing such srant-person to obtain from the Governor in Council the Crown grant of such agricultural allotment or allotment so soon as the last sum due on account of the rent reserved in such lease and all fees due thereon are paid:

(2) If the Board approve of such order, the Crown grant shall Crown grant to be made out in the name of such lessee and delivered to namlS 6 8

the person named in such order, who shall have the same p^v0enre

ndamed

lien over such grant as he had over the lease: u> order. (3) Where the lessee of any agricultural allotment or allotment Legal mortgage.

has executed a mortgage thereof to such person, the mort­gage shall by the operation of this Par t of this Act be transferred and apply to such Crown grant and to the land thereby granted in all respects as if such Crown grant had been referred to in the mortgage, and a memorial of such mortgage shall be endorsed by the Registrar of Titles as an encumbrance on such Crown grant on his registering such grant, and a memorandum stating the fact of such transfer shall also be made by the Registrar on the original registered instrument of mortgage:

(4) Every such approved order shall be registered in the Crown orders to be Lands Office and shall remain in full force and effect S A ' * 1 m

until complied with unless previously cancelled on the Department, written request of the person signing the same and the person named therein, and such registration may be in­spected by any person on the payment of a fee of One shilling.

57. The licensee of any agricultural allotment under this Division After two years of this Part of this Act or Part III. of " The Land Act 1884 " or the S>rrtUoder

licensee of any allotment under Part II. of " The Land Act 1869 " or SS^ygwi any Act amending the same may after the expiration of a period of two licence Hen for years from the date of his licence give to any person from whom he 1™8 57-receives an advance of money a lien to be called a " licence lien " on his improvements.

No licence lien shall have any force or effect if given for a greater amount than one-half the value of the improvements actually effected by the licensee on his agricultural allotment or allotment as the case may be in accordance with the conditions of his licence.

No licence lien given in respect of any licence in accordance with Lien not to be a the provisions of this Pa r t shall be deemed to be a breach of the con- conditions. ditions of such licence.

58. Every licence lien shall be registered in the Crown Lands Registration. Office, and unless previously cancelled on the production of the written Ib- '•68-request or of the signed receipt or receipts for the amount of such licence

1768 LAND ACT 1890. [54 VICT1:

"The Land Act lien of the person to whom the same was given shall remain and be of 1884." f n n force a n ( j effect during the currency of the licence in respect of

which the same was granted.

Transfer of 5 9 . I f the licence lien on any agricul tural al lotment or al lotment Jrmnwhen3 or be not cancelled before the t ime of the issue therefor of a Crown g r a n t issued. o r i e a g e j t n e Minister shall cause a memorandum thereof to be endorsed

'"' 9- on such Crown grant or lease before the same is issued, and such lien shall by the operation of this Part of this Act be transferred and apply to such Crown grant or lease and the land thereby granted or demised, and shall become and be deemed to be a charge thereon and shall have the same operation and effect in all respects as if such Crown grant or lease had been referred to in such licence lien.

Endorsement of 60 . Such licence lien shall be endorsed by the Registrar of Titles ie°ase?n grant °r as an encumbrance on such Crown grant or lease when the same is n. s. BO. registered, and a memorandum sta t ing the fact of such transfer shal l

be made by the said Registrar on the licence lien, which shall then be registered in the office of the Registrar of Titles.

Fee on 6 1 . The Registrar ' of Titles shall demand and be paid the l ike fee 'ib'Tei'""' f ° r registering a licence lien as may for the t ime being be chargeable

for registering a mortgage.

Holder of 62 . Nothing in this Division of this Part of this Act contained hav"Cno1cei"im it shall prevent the forfeiture of any licence for a breach of the terms and Heence forfeited conditions thereof, and no holder of a licence lien shall have any claim

either legal or equitable against Her Majesty or the Board by reason of the loss of his lien on the forfeiture or abandonment of any licence, but the Minister may if he thinks fit repay to the holder of any such licence

but may be lien (out of the moneys received in respect of any improvements-on the improvements agricultural allotment or allotment) the sum of money secured by such Minister satisfied Hcence lien. Provided that before any such repayment is made the aa to bona fida. Minister shall be satisfied that the moneys secured by such licence lien

were advanced and such licence lien given bond fide and without fraud or improper collusion on the part of the licensee or of the holder of such licence lien. '

Rules 6 3 . The Governor in Council may from t ime to t ime m a k e al ter orders'10"8 and and rescind rules regulations and orders for any of the following pur-ib.s.63. poses (that is to say):—For prescribing the form of a licence lien; the

conditions upon which such lien will be allowed by the Minister; the mode of valuation of improvements actually effected upon any agricultural allotment or allotment at the expiration of two years of such licence; the giving of a certificate as to the value of such improvements; the registration in the Crown Lands Office of a Hcence lien; the removal of such registration when cancelled; and the form of memorandum of the charge upon the land by reason of such licence Hen to be endorsed on a Crown grant or lease before issue.

Selector under 6 4 . A n y licensee under section nineteen of " The Land Act 1869" hStransferred0 who Has bad t h e te rms and conditions of his licence al tered so as to re-transf3e4rmay &CC0T& wi th t n e provisions of " The Land Act 1878" may make an n.«. 64. application to the Minister stating that he desires that the terms and

conditions imposed by the licence as originally granted may be reverted

No. 1106.] LAND ACT 1890. 1769

to. On the receipt of such application the Governor in Council may if "The Land Act he think fit cancel the endorsement made on such licence in accordance 1884-" with the provisions of section three of " The Land Act 1880." From and after the date of such cancellation the licence shall be held upon all the terms and conditions of such licence as originally issued, and it shall thenceforth be construed accordingly.

DIVISION 4.—AURIFEROUS LANDS.

65. The Governor in Council may from time to time grant licences Licence to use

for any period not exceeding one year which shall entitle the holders ^n,e^UB land

thereof respectively to reside on or to cultivate any lands comprised within the areas described in the Second Schedule hereto as auriferous second lands not comprised within any city or town and not exceeding in extent Schedule-twenty acres, subject to the payment of such licence fee and upon such terms and conditions as are approved of by the Governor in Council and set forth in such licence. Provided that not more than one such licence shall be granted to or held by any one and the same person.

66. No- lands forming part of the lands described in the Second Alienation of

Schedule hereto as auriferous lands shall be alienated in fee simple, and forbidden!land8

every conveyance and alienation thereof shall be absolutely void as well n- *. oo. against Her Majesty as all other persons whomsoever.

67. The Governor in Council may issue to any person or' persons Annual licences annual licences to occupy for grazing purposes the surface of any of the aun'feroKnds lands described in the Second Schedule hereto as auriferous lands, and ^1™^for

which are not at the time of the issue of any such licence required n. s. 67. for mining purposes. Such licences shall be renewable annually at the option of the licensee for a period not beyond five years from the date of the first issue of his licence, but nothing in this section or in any such licence contained shall be deemed to in any matter affect the right of any person to enter upon the said land for the purpose of searching for digging taking and carrying away of gold silver and other minerals or to dig take and carry away the same. And no such licence shall be deemed to prevent the land granted under any such licence being licensed under this Division of this Part of this Act being proclaimed a common or being occupied by virtue of any miner's right or business licence. Provided that no such licence shall be for a greater area than one thousand acres and that no person shall hold more than one thousand acres of such auriferous lands.

The annual rent per acre to be reserved in every such licen'Ce shall Rent to be fixed

be a sum fixed by appraisement of the land by valuers appointed by the myent

praise" Board in that behalf.

68. All lands alienated under the provisions of this Part shall be Lands alienated'

liable to be resumed for mining purposes by the Governor in Council on Conditionieforto

paying full compensation to the licensee lessee or purchaser in fee mi"ins-simple thereof for the value other than auriferous of the lands and of '*' the improvements so resumed if such value be not ascertained by agreement within one month from the date of the notification by the Governor in Council of his intention to resume the same, then the lessee licensee or owner thereof may proceed before a warden or in the Court of Mines of the mining district in which the land resumed is situate and

1770 LAND ACT 1890. [54 V I C T .

"The Land Act in manner provided by the Mines Act 1890 (but without assessors) to 1884-" ascertain the amount of compensation to which he may be entitled

under the provisions of this section; and such lessee licensee or owner shall lodge with the warden or the clerk of the said court as the case may be two copies of his c l a im; and every Court of Mines held under the provisions of the Mines Act 1890 shall have original jurisdiction to hear and determine any claim made for the value as aforesaid of. any such land and of the improvements thereon, and every warden shall have jurisdiction to hear and determine any such claim which the Court of Mines is hereby empowered to hear and determine. Provided tha t where any such claim is heard and determined by a warden an appeal shall lie to the Court of Mines in whose mining district the land resumed is situated, and the provisions of the Mines Act 1890 with regard to appeals from a warden to a Court of Mines shall be deemed to be in­corporated with this section for the purpose of the bringing hearing and determining such appeal and enforcing the decision thereon; the terms conditions and events upon- which such lands may be resumed shall be determined by regulations in such manner as the Governor in Council from t ime to time directs.

DIVISION 5.—LANDS WHICH MAY BE SOLD BY AUCTION.

As to crown 6 9 . The lands comprised within the areas described in the Second Koidbyhmay Schedule hereto as lands which may be sold by auction may be sold, auction. subject to such covenants conditions exceptions and reservations as the second Governor in Council may direct, in fee simple by public auction not schedule. exceeding one- hundred thousand acres in any one year a t an upset

price of One pound for each acre or at such higher upset price as the Governor in Council may direct, and before any country lands shall be sold a schedule of such lands shall be laid before both Houses of Parl iament.

Sales by auction 7 0 . Any person authorized by the Board may hold public sales by thereof'.100 auction of lands in fee simple without having an auctioneer's licence or n. s. 70. incurring on tha t account any penal ty ; and notice of every such sale

shall be given in the Government Gazette within three months and before one month thereof, and every such notice shall declare with all practicable precision the time and place at which such auction will be held and the lands to be offered for sale thereat and the lots in which the same will be Offered and the upset price for each lot and the amount of the deposit required; and no upset price shall be altered withouf. as full notice of such alteration by advertisement and otherwise being given as was or should have been given of the original upset price.

Conditions of 7 1 . I t shall be a condition of sale a t every such auction tha t the ofkSds"1000" purchaser pay the survey charge at the time of the sale and a deposit ib. s. 71 in cash of twenty-five per centum of the whole price, and tha t the

residue of the price be payable in twelve equal instalments on the last day of each successive period of three months from the t ime of sale or be if the purchaser choose payable a t any earlier t ime or times being one of such last days of any such period of three months as aforesaid, and tha t such residue of the price shall bear interest a t the rate of Six pounds per centum per annum to be computed with respect to each

No. 1106.] LAND ACT 1890. 1771

instalment for the period which has elapsed between the time of sale •• The Land Act

and the time of the payment, of such instalment, and on failure of the1884'" payment of any instalment with interest at the time at which the same becomes due the deposit and. any instalment or instalments and interest already paid shall be forfeited, and the contract shall thereupon be void.

' 72. When any lands have been put up to auction and remain upset price of unsold thereat, the Governor in Council may subject to notice as afore- L™tfon"tobeat

said direct that such lands continue to be set up to auction at any reduced. reduced price not less than One pound per acre. n''"n'

73. The Governor in Council may from time to time by a notice Townships may in the Government Gazette proclaim as a street or road or as a township auo5on.by

any portion or portions of Crown lands, and the lands in such township n.«. 73. or within any city town or borough proclaimed before the passing of " The Land Act 1884 " shall be sold by auction in the manner herein provided for the sale of Crown lands by public auction, and the lands upon which such street or road have been proclaimed shall be and be deemed to be thenceforward dedicated to the public.

74. The Governor in Council may from time to time by a notice Proclamations

in the Government Gazette annul and rescind any proclamation made townXps ay under this or any Act of Parliament hereby or heretofore repealed of any be rescinded. portion or portions of Crown lands as towns or townships. '"' 4"

75. "When the course of any road has been or is hereafter altered Exchange of or is about to be altered, if the owner of the land over which the road pri°v™e

aiand in its altered state passes or is intended to pass be willing to exchange jJP™ " alteration

road. such land or any part of it for the land traversed by such road in its n>. e. 75. former or its then present state or for any part thereof, the Governor in Council may upon such terms as are mutually agreed on accept such exchange, and the Governor in Council may execute the proper con­veyances accordingly.

76. Where in the opinion of the Governor in Council there is no Detached strips convenient access to any portion of Crown lands, he may by notice in ^daatdamay be

the Government Gazette resume such land (not exceeding two chains in valuation-width) as may be required for the purpose of giving access thereto, and n- '•76-

the Board shall thereupon enter upon and take possession of such land and proceed as though such land were land which the Board were authorized by an Act of Parliament to take compulsorily in manner provided by the Lands Compensation Act 1890; and compensation shall be made to the owner or owners of such lands and ascertained in manner provided in such last-mentioned Act; and such compensation shall include the cost of fencing the land so taken or where in the opinion of the Governor in Council 'there is no convenient access to any portion of Crown lands, or where any such portion is insufficient in area for sale under this Part of this Act or lies between and adjoins any land and any highway which forms or should form the only convenient approach to such land, or where buildings erected on lands alienated before the commencement of this Act encroach upon any portion of Crown lands, or where any other case of a like nature arises, the Governor in Council may grant in fee such portion of Crown lands not exceeding ten acres to the owner of such adjacent lands, at a price determined by an

1772 LAND ACT 1890. [54 VICT.

Declaration to be made by appraiser. lb. 8. 77.

•'The Land Act appraiser appointed by the Board, and no owner shall be entitled to more 1884-" than one such block.

77. Before any appraiser enters into the consideration of any inat-ters referred to him under this Part of this Act, he shall in presence of a justice make and subscribe the following declaration, that is to say:—

" I do solemnly and sincerely declare that I have no interest either directly or indirectly in the matters in question, and that I will faithfully and honestly and to the best of my skill' and ability make any appraisement and valuation required of me under the provisions of Fart I. of the Land Act 1890."

78. From and after the first day of July One thousand eight hundred and ninety there shall be paid within each year out of the con­solidated revenue all moneys arising from the sale of Crown lands by auction under this Part to the credit of a trust account, to be called " The Railway Construction Account," for the purpose of making pro­vision for the construction of any railways which may be hereafter authorized by any Act of Parliament.

Auction moneys appropriated for railway ' purposes. lb. s. 78. '

Swamp lands. lb. 8. 79. Second Schedule.

Alienation only to be in manner expressed. lb. s. 80. Second Schedule.

Governor in Council may cause swamp lands to bo drained. lb. e. 81.

Power to enter upon lands and make canals drains &c. lb. s. 82.

DIVISION 6.—SWAMP LANDS.

79. A plan shall be kept from actual survey of the areas known as the Condah Koo-wee-rup Moe Panyabyr and Mokoan swamps, described in the Second Schedule hereto as Swamp lands.

80. No lands forming part of the lands described in the Second Schedule hereto as Swamp lands shall be alienated in fee simple, and every alienation save in manner hereinafter provided shall be absolutely void as well against Her Majesty as all other persons whomsoever.

8 1 . The Governor in Council may if he think fit cause any of the Swamp lands to be drained and reclaimed by prison or other labour, and the Board may for that purpose make construct erect and maintain all the proper works engines buildings reservoirs tanks conduits valves sluices pumps canals ditches drains cuts channels water-courses sewers embankments dams and all necessary drainage works.

82. For the purpose of draining any of the said swamps it shall be lawful for the Board its successors deputies agents and workmen and all other persons by them authorized without making any previous payment or having the previous consent of the owner or occupier to enter into and upon the lands and grounds of any person whomsoever and to survey and take leve]s of the same and to ascertain and stake or set out take possession of and appropriate for the purposes herein mentioned such parts thereof as. may be necessary and proper for the making and construction of canals ditches cuts channels water-courses sewers embankments drains and all necessary drainage works; and in or upon such lands to bore dig cut trench embank and so remove or lay take carry away and use any earth stone timber gravel or sand or any other materials or things which may be dug raised or obtained therein in the making and construction of such canals ditches water-courses sewers embankments dams and drainage works authorized, or which may hinder prevent or obstruct the making maintaining altering

No. 1106.] LAND ACT 1890. 1773

repairing or using the same respectively; and also to make or construct "The Land Act in upon across under or over any lands streets hills valleys roads brooks im" streams or other waters within such lands such temporary or permanent inclined planes tunnels embankments aqueducts bridges roads ways passages conduits drains piers arches cuttings and fences as the Board think proper; and also to alter the course of any streams or water-courses for the purpose of constructing and maintaining tunnels bridges passages or other works over or under the same, and for any other necessary purpose; and also to divert or alter as well temporarily as permanently the course of any such streams streets roads or ways, or to raise or sink the level of any such streams streets roads or ways in order the more conveniently to carry the same over or under or by the side of any such canal ditch water-course or sewer, and also with the consent of the council of any city town borough or shire to close any road in such city town borough or shire which is impassable or useless. Pro- Board to .make

vided always that in the exercise of the powers by this Division of this ful1 satlsfaotlon-Part of this Act granted, the Board and such other person shall do as little damage as may be, and that if required full satisfaction shall be made in manner provided by the Lands Compensation Act 1890 to all persons interested in any lands or hereditaments taken used injured or preju­dicially affected for all damages by them sustained by reason of the exercise of such powers:

83. The Board may for the purpose of draining any of the said powers of Board swamps or of keeping any drainage works in good order and repair— d°rlina2e?se8 of

Enter into and upon any land whatsoever within one hundred n- '•83-and fifty yards of any canal ditch water-course or sewer whether constructed or in course of construction for the purpose of depositing spoil thereon, or for the purpose of altering or repairing any canal ditch water-course sewer embankment dam or drainage works, or for the purpose of carrying away therefrom materials for constructing altering or repairing any canal ditch water-course sewer embankment dam or drainage works, or for any purpose connected with the carrying out of the provisions of this Division of this

. . . Par t of this Act: Cleanse repair or otherwise maintain in a due state of efficiency

:. all canals ditches water-courses sewers embankments dams and drainage works subject to its control:

Extend lengthen widen strengthen deepen alter divert scour any canal ditch water-course sewer embankment drain and drain-work; and

Do all such things and execute all such works as may be necessary or convenient for the purposes of this Part.

84. Every person who wilfully dams up or in any way whatsoever Penalty for

injures or obstructs any such canal ditch water-course sewer or embank- J S g ment or drainage work, and every person .who wilfully hinders ordrains-prevents the Board or its successors deputies agents and workmen from n'"'84' carrying out or performing any work undertaken under-the provisions of this Division of this Part of this Act, shall upon conviction thereof :

before two justices be liable to forfeit and pay any sum not exceeding Twenty pounds.

1774 LAND ACT 1890. [54 VIOT.

"The Land Act 1884"a. 85. Governor may lease swamp lands in lots of 160 acres for 21 years with drainage conditions.

8 5 . The Governor in Council may if he think fit grant leases of any lands forming part of the Swamp lands so drained and reclaimed in allotments not exceeding one hundred and sixty acres for a term of twenty-one years.

Particulars of every such lease shall be laid before both Houses of Parliament within one month of the execution thereof, or if Parliament be not then sitting within one month after the next meeting thereof.

Every such lease shall contain a covenant inter alia on the part of the lessee to keep open all canals ditches drains cuts channels water­courses sewers and works on the land thereby demised to the satisfaction of the Board during the term of his lease.

Alienation of State forest reserves forbidden. Ib. s. 86. Second Schedule.

Licences to cut timber. Ib. 8. 87.

DIVISION 7.—STATE FOEESTS TIMBER AND WATER RESERVES.

(1) State Forests.

86. No lands comprised within the areas described in the Second Schedule hereto as State forest reserves shall be alienated for any free­hold estate nor for any lesser estate save as hereinafter expressly provided, and every conveyance and alienation thereof shall be absolutely void as well against Her Majesty as all other persons whomsoever; nor shall any licence to graze sheep or cattle over any State forest reserves be issued without the consent of the Governor in Council.

87. The Governor in Council may issue grazing licences residence licences or licences to cut timber in any State forest or any part thereof' subject to the payment of such licence fee and on such terms and con­ditions as are from time to time approved by the Governor in Council and set forth in such licence.'

Alienation of timber reserves forbidden. lb. s. 88. Second Schedule.

Timber reserves when denuded of timber.

(2) Timber Reserves.

88. No lands comprised within the areas described in the Second Schedule hereto as timber reserves shall save as hereinafter provided be alienated in fee simple, and every conveyance and alienation thereof shall be absolutely void as well against Her Majesty as all other persons whomsoever.

From time to time as any lands forming portion of the timber reserves become denuded of timber and the same is,notified in the Government Gazette under the authority of the Governor in Council such lands so denuded of timber may be added to the pastoral lands or agricultural and grazing lands and dealt with under any of the provisions of Divisions two or three of this Part of this Act.

89. The Governor in Council may issue grazing licences or licences to cut timber upon any timber reserve or any part thereof subject to the payment of such licence fee and on such terms and conditions. as are from time to time approved by the Governor in Council set forth in such licence.

(3) Water Reserves.

Alienation of 90 . No lands forming part of the lands described in the Second forb1dden?rvea Schedule hereto as wate r reserves shal l be a l ienated in fee simple, and • ib. s. go. every conveyance and alienation, thereof shal l be absolutely void as well schedule. aga ins t He r Majesty as a l l other persons whomsoever .

Licences to cut timber. Ib. e. 80.

No. 1106.] LAND ACT 1890. 1775

(4) Local Forest Boards. 9 1 . The Governor in Council may from time to time appoint and "Thestate

remove such number of boards to be called Local Forest Boards as he mo^lif may think fit. Every such board shall consist of not less than five nor Local Forest more than nine members, and any member may at any time be removed appota\edatobe

by the Governor in Council. rXveTand Every such board shall have the management and control of such oihe" crown

reserves for the preservation and growth of timber and such other to grant licences

portions of Crown lands as may be by the Governor in Council assigned * „ t ^ n d to the care of such board, and shall have power from time to time to power of grant to any applicant a licence to enter upon the said reserves or other Boards-portions of Crown lands upon payment to such board of such fees upon such terms and conditions and for such of the purposes specified respectively in sections eighty-seven and ninety-nine of this Act as may be prescribed by regulations made under this Act.

All licence fees due to any board may be levied or recovered under Recovery of

the authority of such board in like manner as any rent or fine is or hcence fee8' shall be recoverable by law.

92 . Every Local Forest Board may from time to time with the Appointment o f

approval of the Minister appoint in writing a sufficient number of fit [,?kTpowera ?„ve

and proper persons to be called foresters, each of whom shall subject g™™1^^ to the provisions of this Division of this Part of this Act have and conduct exercise within the reserves or other portions of Crown lands assigned P™e™tl0ns-to the care of such board all the power and authority of a bailiff of Crown lands, and may conduct all prosecutions or proceedings against persons who offend within the said reserves or other portions of Crown lands against any of the provisions of this Division of this Part of this Act relating to offences committed in respect of any Crown lands or against any regulation made thereunder or under this Division of this Part of this Act; the cost and charges of such prose­cutions or proceedings shall be defrayed by the Board whom the prosecuting forester . represents and by whom he shall have been Appropriation of appointed, and all fines penalties or other moneys recovered or received Penaltie!» by him shall be paid to such Board.

9 3 . Any person who acts in contravention to any proclamation Penalty on

made by the Governor in Council under section one hundred and twenty- pfociafnlSnst

seven of this Act shall on conviction thereof forfeit and pay any sum ™^A^ m of

not exceeding Ten pounds; and if any person shall be found on any lb. „. 4.' Crown lands whatever or on any such reserve or other portion of onus of proof in Crown lands as aforesaid having in his possession any live or dead f"0n

n eases *° timber gravel stone limestone salt guano shell sand loam brickdefendants-earth or bark he shall for the purposes of this Act be deemed to have cut dug taken away stripped or removed the same from Crown lands,, and it shall lie on such person to prove that he did not so do or that he had authority so to do.

94. Whosoever shall unlawfully cut break throw down or in anywise Destroying &c. destroy any building or fence of any description whatsoever or any fences-wall stile or gate or any part thereof respectively on or enclosing any Crown lands or reserves whether assigned to the care of any board or not shall on conviction thereof before any two justices, of whom a police magistrate shall be one, for every such offence forfeit and pay over and above the amount of the injury done any sum not exceeding Ten pounds.

VOL. III. L

1776 LAND ACT 1890. [54 V I C T .

9 5 . All licence fees fines and penalties or other moneys received or collected by any Board or any officer thereof shall be applied by such Board in such manner only as may be directed by the Minister or by regulations made under this Division of this P a r t of this Act, and all moneys respecting which no direction may be given by the Minister or by regulations shall be paid into the Consolidated Revenue. The accounts of all moneys received and disbursed by each Board shall be audited once a t least in every year by the Commissioners of Audit who shall have in respect to such accounts all the powers conferred on them by any law now or hereafter to be in force relating to the audit of public accounts; and each Board shall once at least in every year furnish to the Minister a true copy of the accounts so audited as aforesaid, together with a particular statement of the moneys received by such board and of the expenditure thereof.

Regulations. 9 6 . The Governor in Council may from t ime to t ime make regu-ib. s. 7. lations prescribing the duties of Local For,est Boards, the purposes for

which licences may be granted by such Boards, the fees they may collect and recover, the manner in which all moneys received or collected by such Boards shall be applied, the form mode terms and conditions in and on which licences shall be applied for granted and issued, and all matters whatever necessary for enabling such Boards to manage control and improve the reserves or portions of Crown lands assigned to their care; and if any person be guilty of any breach of such regulations he shall on conviction thereof forfeit and pay a sum not exceeding Twenty pounds or to be imprisoned for any term not exceeding three months. And all such regulations shall be signed by the Minister and upon being published in the Government Gazette shall be as valid in law as if the

TO be laid before same were enacted in this Act and shall be judicially noticed; and all Parliament. g u c j 1 regulations shall be laid before both Houses of Par l iament within

fourteen days after the making thereof if Parl iament be then sitting, and if Parl iament be not sitting then within fourteen days after the commencement of the next sitting of Parliament.

DIVISION 8.—LEASES AND LICENCES FOE OTHEB THAN PASTORAL GEAZING OE AGEICULTUBAL PUEPOSES.

Leases for other 9 7 . The Governor in Council may grant leases of any Crown land ag™uSituraiaor not exceeding (except in the case of leases for guano or other manure) pastoral. three acres for a term not exceeding twenty-one years from the date im"s."m!'Act thereof a t a yearly rent of not less than Five pounds for any of the

following purposes ( that is to say):— (1) For obtaining and removing therefrom guano or other

manure: (2) For obtaining and removing therefrom stone or ear th: (3) For sites of inns stores smithies bakeries or similar build­

ings in thinly-populated districts: (4) For sites of bathing houses bathing places bridges toll

houses or ferries and punt houses: (5) For sites of tanneries or' factories or saw or paper mills

stores warehouses or dwellings: • (6) For sites of quays and landing places or for sites for the , depositing of materials :

" The State Forests Act 1870 " s. 6. Application of moneys and audit &c. of accounts.

No. 1106.] LAND ACT 1890. 1777

(7) For the working of mineral springs: <• The Land Act (8) For sites for ship and boat building or repairing and marine im"

and general engineering works: (9) For the manufacture of salt.

Provided that in all cases where it is proposed to grant a lease for a longer term than seven years notice of the application for such lease and of the purpose and term for which it is proposed to be granted shall be published in four consecutive ordinary numbers of the Govern­ment Gazette at least one month before the grant of such lease.

98 . Every lease so granted as aforesaid shall be subject to such Conditions of

covenants and conditions and to the payment of such rent or royalty ^ s9 2

not being less (except in the case of private bathing houses or bathing places when a fee of One pound per annum only shall be charged) than the said sum of Five pounds per annum as the Governor in Council may think fit to impose, and shall contain a covenant that if the lessee his executors administrators or assigns fail at any time during the term to use the demised land bond fide for the purposes for which it has been demised the lease shall be voidable at the will of the Governor in Council. The Governor in Council may grant leases of any Crown canais. lands to any person willing to make and construct canals or docks. Provided that no such lease as last mentioned be granted unless and until the conditions of such lease have been laid on the table of both Houses of Parliament for at least four consecutive weeks.

Before any lease is granted for such purposes as aforesaid of any Crown land situated within the boundaries of any city town or borough, the right to such lease shall be offered for sale by auction, and notice of such auction shall be given in the same manner in all respects as notice with regard to lands to be sold by auction in fee simple is to be given as hereinbefore provided. The person who offers the highest rent shall be entitled to the lease.

99 . The Governor in Council or any person duly authorized by him Purposes for

in that behalf may from time to time grant to any applicant a licence "mybetaTuTd. to enter upon any Crown lands not under licence or lease as an agricul- ib.«. 93. tural allotment under Division three of this Part of this Act for any of the following purposes (that is to say):—

(1) To cut dig and take away any live or dead timber gravel stone limestone salt guano shell seaweed sand loam brick or other earth:

(2) To occupy the site of fishermen's residences and drying grounds:

(3) To occupy the sites of fellniongering establishments slaughter-houses brick or lime kilns:

(4) To erect pumps: (5^ To collect ballast: (6) To occupy areas not exceeding three acres in extent for the

purpose of gardening thereon: (7) Or for any of the purposes for which leases may be granted

under this Division of this Part of this Act.

100 . I t shall be lawful for the Governor in Council to grant leases Leases for roads

of lands forming part of any lands of the Crown or of any State forest ^dgtrg™ways'

timber reserve or water reserve pot exceeding three chains in width for L 2

1778 LAND ACT 1890. [54 VICT.

" The Ijand Act the forming and maintaining of roads' tramways and crossings and such 1884'" works of like public utility, subject to such covenants terms and con­

ditions as to the Governor in Council may seem fit. Provided that notice of the application for such lease and of the purpose for which it is proposed to be granted shall be published in four consecutive ordinary numbers of the Government Gazette before the granting thereof..

101. Every licence under this Division of this Part of this Act shall bear date of the day on which it is issued and shall except as in this Part is otherwise expressly provided continue in force for a period not exceeding one year from such date, and shall be subject to such restrictions limitations and conditions and to the payment of such reasonable fee as the Governor in Council by general regulations pub­lished in the Government Gazette thinks fit to impose.

Conditions of licences.

Common lands. lb. s. 98.

Second Schedule.

Saving of existing commons. lb. s. 99.

Governor in Council may proclaim commons. lb. s. 100.

DIVISION 9.—COMMONS.

102. All commons heretofore or hereafter to be proclaimed shall subject to the provisions of this Part of this Act be dealt with in the same manner as the other portions of the areas of which they are respectively described in the Second Schedule hereto to form a portion are dealt with.

103. Nothing in this Part contained shall affect, except so far as may be expressly provided herein, any commons proclaimed under the Act No. 117, " The Land Act 1862," or " The Amending Land Act 1865," or " The Land Act 1869," or " The Land Act 1884," or the rights of any person entitled to commonage under the authority of any of the said Acts to depasture cattle upon any common from and after the passing of this Act.

104. It shall be lawful for the Governor in Council at any time and from time to time under regulations to be made for such purpose to proclaim any Crown lands as a common and place it under the management of any borough or shire council or mining board, or any person or persons or any two or more of the said councils boards or persons, and direct the manner in which the fees shall be imposed paid collected and recovered for depasturing thereon, and how such fees shall be disposed of, and at any time to alter add to diminish revoke or abolish such common or unite two or more commons, or add to such common any selection which may have been taken up within the area of such common and subsequently abandoned. The managers ol any common may sue and be sued in the name of the managers of such common as though they were a corporation.

Governor in 105. The Governor in Council may appoint managers and frame re0

fe"uniations!ramo regulations for the management of any commons heretofore pro-

ib. 8. ioi. claimed or hereafter to be proclaimed, for the eradication of thistles Bathurst burr wild briar and gorse and destruction of vermin there­from, and for defining the duties rights powers and privileges of the managers of and the persons entitled to the commons respectively, and for prescribing the penalties not exceeding Twenty pounds for breach of such regulations and the mode of recovery of the same. . Provided that all managers of commons shall retire from office on the thirty-first day of December in each and every year.

No. 1106.] ' LAND ACT 1890. 1779

106. All commons proclaimed previous to the passing of or under •• The Land Act

this Act may be governed by managers appointed as herein provided; p8os 'Of02'

and such managers shall during their continuance in office have power managers of to distrain any cattle and swine trespassing on such common, and shallcommons-be taken to be occupiers of the common within the meaning of any Act now or hereafter in force relating to the impounding of cattle, and shall be deemed to be owners within the meaning of the Vermin Destruction Act 1890, and shall be taken to have in respect of such common the same power of preventing encroachment and trespass thereon as any bailiff lawfully appointed may by law exercise in respect of any lands of his employer. Provided that such managers shall not have or exer- Exemptions

x ' x i - i i . i • t 1} J_* i * i j _ from commons.

cise any oi the rights or powers herein before mentioned in respect to any site that may be occupied within the limit of the common under any lease or licence granted or issued under the provisions of " The Land Act 1884 " or of either of the Acts thereby repealed or of the provisions hereinbefore contained in this Part or in respect to any timber stone loam clay sand brick and other earth within the limits of the common.

107. The Governor in Council may from time to time increase Governor in and after one month's notice in the Government Gazette diminish alter f eSe"1?3

or abolish any common heretofore or hereafter to be proclaimed or *™^8 reproclaimed, and may from time to time reproclaim the whole or any n. s. 103. part of any such common for any of the purposes and subject to the provisions of this Part; and nothing herein contained shall prevent the exercise of the powers conferred by this Part with respect to the leasing or licensing of any land comprised in any common.

108. When a common is diminished altered or abolished by the Lands taken Governor in Council under the provisions of this Part the lands so ^°'" °i°o™

mons-ceasing to be or to be included in a common may be disposed of in any manner authorized under whichever of the Divisions of this Part of this Act dealing with the class of lands in which such land is included.

DIVISION 10.—TRESPASSES AND PENALTIES.

109. If any land officer or the substitute of any land officer Land officer not directly or indirectly select or apply for a lease of any pastoral allot- a?ioSSent°under ment or grazing area or a licence of any agricultural allotment of any If,,™ ' Crown land within the district to which he has been appointed, he shall office. thereby forfeit his office and shall also forfeit the sum of One hundredlb-8-106-pounds with full costs of suit, which may be recovered by any person who sues for the same in any court of competent jurisdiction.

of loss of

110. Any person who on making application for a licence under Penalty for false • ' • ? ; . . . _ . . . . . 0 rr_ . . . statement.

lb. s. 106. Division three of this Part of this Act wilfully makes any false state-8tatement-ment, or refuses to answer any question relating to such application which may be put to him by the land officer, or wilfully gives a false answer to any such question, shall forfeit and pay a penalty of not less than Ten pounds nor more than Fifty pounds or be liable to be imprisoned for not less than fourteen days nor more than six months; such penalty may be recovered and enforced before and such imprisonment may be inflicted by any two justices who shall have power to hear and determine the matter in a summary way.

Ib. s. 108.

1780 LAND ACT 1890. ' [ 5 4 V I O T .

" 2'AC Land Act 1 1 1 . The Governor in Council may subject to the provisions of B8a8ihff88of°crown * n e Pu^c Service Act 1890 from time to time appoint a sufficient lands. number of persons to be bailiffs of Crown lands; and every such

bailiff shall during his continuance in office do on behalf of Her Majesty or on behalf of the Board in respect of any Crown lands all acts for preventing intrusion encroachment and trespass on such lands, or for levying or recovering the rent or the licence fee payable in respect thereof, or for taking and recovering possession of any allotment or lands in case of forfeiture, or for such other purpose as the Governor in Council by regulations directs; and such bailiff shall have the like power and authority to do all such acts as any bailiff lawfully appointed may by law do in respect of any lands tenements or hereditaments of his employer; and every such bailiff may prefer an information against any person who is in unauthorized occupation whether under colour of any licence or lease or otherwise of any Crown lands, or whose r ight to occupy such lands has ceased, and may sue for and recover any penalty from any person liable to forfeit the same.

Authority of 112. Notwithstanding anything in " The Land Act 1862" or in a oTted under " The Amending Land Act 1865" or in " The Land Act 1884" or Note2370and5 t h i s i n t n i s P a r f c o f t n i s -^c t contained, the Governor and the Board fart. respectively may in all cases where power is given by the said

Acts or either of them to appoint or authorize any person for a particular purpose or to do a particular act, appoint or authorize such person generally for any such purpose or to do all acts of the same or the like na ture ; and such person may do all things within the scope of such general authority in all cases to which his appointment or authority purports or can be construed to extend. Whenever any person has been or may be appointed in pursuance of either of the said Acts or of this P a r t as the person to perform any act or with regard to whom any act is to be performed, i t shall nevertheless be lawful to appoint some other person to be the person to perform such act or with regard to whom such act shall be performed.

penalty for 1 1 3 . I f any person be found in unauthorized occupation of any occupation or Crown lands or knowingly and wilfully depasture without authority in famSs'ilat"8 °" t ha t behalf any cattle or swine on any such land not being a common, commonable. n e shall be liable on conviction thereof to the penalties following ( tha t ib. s. wo. j g £Q ga^—for ^ g gj.gj. 0 ffe n c e a g u m n o t exceeding Five pounds, for the

second offence after an interval of fourteen clear days from the date of the previous conviction a sum not exceeding Twenty pounds, and for any subsequent offence after a like interval a sum not exceeding Fifty pounds; but no proceedings to recover any such penalty may be taken except by some person authorized in that behalf by the Board.

Penalty for other 114. If any person not licensed or otherwise authorized under croplands! this Part of this Act search upon any Crown land for any metal or ib.«. no. mineral (except gold), or cut dig or take from any Crown lands any live

or dead timber gravel stone limestone salt guano shell sand loam or brick-earth, or strip or remove bark from any tree on any Crown lands, every such person shall in addition to any punishment or penalty pro­vided- by any law now or hereafter in force for such offence on conviction of any of the said offences forfeit and pay any sum not exceeding Ten

No. 1106.] LAND ACT 1890. 1781

pounds. Provided however that it shall be lawful for any municipality " The Land Act

with the consent of the Minister to authorize any officer or other person 1884" to enter on Crown lands or remove therefrom without fee or licence any live or dead timber gravel stone limestone sand loam brick or other earth for the purpose of forming or maintaining any public road street or bridge within the municipal district of such municipality.

115. If any person wilfully obliterate remove or deface any obliteration of boundary mark which may have been made or erected by or under the amisdemeanorks

direction of any authorized officer of the Board he shall be guilty of a n.«. m. misdemeanor.

116. Any surveyor or officer acting under the authority of the survey officers Board and any other person acting in aid or under the orders of such private lands'.

surveyor or officer, may from time to time without making compensation lb- »• u2-enter into and upon any land not being a garden orchard or ornamental plantation of any person or persons whomsoever for the purpose of making and carrying on any survey authorized by any law heretofore in force or by this Part of this Act, or by the orders of the Board, and for the purpose of fixing any object to be used in the survey on any post stone or boundary mark whatsoever, and may fix and place any such object post stone or boundary mark whatsoever in the land or upon any wall tree or post in the land of any person whomsoever, and may dig up any ground for the purpose of fixing any such object post stone or boundary mark, and may cut down and remove any scrub or timber which may obstruct any survey line. Provided always that such sur­veyor and his assistants and workmen shall do as little damage as may be in the execution of the several powers to them granted by the said Act or orders.

117. Whenever a penalty has been incurred by any person under Penalties under section one hundred and twenty-six of " The Land Act 1862 " or section ?oVenf°orrSd.237

seven of " The Amending Land Act 1865," it shall be lawful for the "• «• us-Governor to demand and receive the amount of such penalty in addition to the purchase money before issuing a Crown grant of any allotment in respect of which such penalty has accrued to such person or his assignee. Provided that no Crown grant of any such allotment shall be issued unless the person applying for such grant have proved to the satisfaction of the Board to be certified under its seal that the provisions of section thirty-six of " The Land Act 1862 " or section seven of " The Amending Land Act 1865 " as the case may be have been fully com­plied with in respect of such allotment, or in default of such certificate have paid a penalty at the rate of Five shillings for every acre of such allotment.

DIVISION 11.—MISCELLANEOUS.

118. There shall be inserted in every lease of a pastoral allotment Leases of pas-and in every lease of a grazing area a covenant that the lands demised and grazing

under such leases are granted and held subject to a condition that the J nt ™mme.t0

holder of a miner's right or of a mining lease shall have the right and n.«. m. shall be allowed by such lessee to enter upon such pastoral allotment or grazing area as the case may be and search for gold and to mine thereon and to erect and occupy mining plant or machinery without making compensation to the lessee thereof for surface or other damage.

1782 L A N D ACT 1890. [54 V I C T .

" The Land Act 1 1 9 . There shall be inserted in every Crown gran t of lands alienated M C T ' » ^ T nt *n ^ec s i m P ^ e ' an(^ m every licence or lease of land demised with the r i gh t licences and™18 of acquiring the fee-simple thereof under this P a r t of this Act a con-a°oonditionntlun dition or covenant t ha t such lands are granted or demised subject to the mninfon'' r ight of any person being the holder of a miner 's r igh t or of a mining compensation lease to enter therein and to mine for gold and silver and to erect and for surface • . i , i • ,-t • , i j

damage. occupy mining plant or machinery thereon m the same manner and under the same conditions and provisions as those to which such person has now the r igh t to mine for gold and silver in and upon Crown lands provided tha t compensation shall be paid to the owner thereof for surface damage to be done to such lands by reason of mining thereon, such compensation to be determined as hereinafter provided, and the payment thereof shall be a condition precedent to such r igh t of entry.

noider of 1 2 0 . The holder of a miner 's r ight or of a mining lease is hereby mimngi"lMtor authorized to enter in or upon such lands as aforesaid, and the portions enter°rized to ° s u c n l a i l ( is s 0 entered in or upon shall for the purpose of regulat ing ib.«. no. and controlling mining thereon or therein be deemed to be Crown lands

subject to the provisions of the Mines Act 1890.

warden to deter- 1 2 1 . Every warden appointed under the provisions of the said Act surfa edamlge shall si t t ing as a warden without assessors have jurisdiction to hear tobcomtof"ppeal determine and enforce any claim made for surface damage arising as

aforesaid, and any par ty feeling aggrieved a t any determination of the warden may appeal to the Court of Mines, which is hereby empowered to hear and determine such appeal, and the Governor in Council may from t ime to t ime make alter or amend regulations for prescribing the mode of procedure with respect to any such claim.

Mines. Ib. s. 117.

Applicants for licences before

1 2 2 . Al l persons who before the commencement of th is Act have con"nencemInt made application under any of the Acts hereby repealed for licences to "uaiified to occupy any Crown lands shall in respect of the lands the subject of such have priority, applications be, if such persons were competent to hold such licences ib. s. us. under the said repealed Acts , entitled to priority over persons mak ing

application for licences under this Act or for leases under Division three of this P a r t of this Act.

Grazing licences. 1 2 3 . The Governor in Council or any person duly authorized by h im ib. s. no. j n t h a t b e h a l f m a y from t ime to t ime g ran t to any applicant a graz ing

licence to enter with catt le sheep or other animals upon any pa rk lands reserves or other Crown lands not forming pa r t of any common or held under lease or licence under any of the Acts hereby repealed or under this P a r t of this Act or taken up or -required for the purposes of this P a r t of this Act and therewith to depasture the same, subject however in the case of any lands forming pa r t of the agricul tural and grazing lands to the r ight of auy person to come in upon such lands so granted and to take up a grazing area. The Governor in Council may from t ime to t ime make al ter and repeal regulations wi th regard to t he call ing for and receipt of tenders for and the issuing of grazing licences under this Division of this P a r t of this Act.

Hocnsee°and * 2 4 . The lessee and his assigns of a pastoral al lotment or grazing tresTas'lre"8' a r e a u n c l e r ^is P a r t of this Ac t and the licensee of an agricul tural ib. s. 120. a l lotment under this P a r t of this Act and his assigns and the person or

No. 1106.] LAND ACT 1890. 1783

persons in whom the interest or any part thereof of any such lessee or "The Land Act licensee may at any time under this Part of this Act become vested and1884" the purchaser of any land under any Act heretofore in force shall have all the rights as against persons trespassing with any cattle sheep goats or swine (hut not against other mere trespassers) which at law belong to the owner in possession of any land as against trespassers thereon except the right of impounding such cattle sheep goats or swine; and shall have the said last-mentioned right when and so soon as the pastoral allotment grazing area or agricultural allotment or such part of the pastoral allotment grazing area or agricultural allotment or of any land purchased under any Act heretofore in force as may be trespassed upon has been enclosed either alone or with any adjoining land in the occupation of the same person with a substantial fence but not before.

125 . When any person occupying any lands under any licence Any unautho-which has expired (other than a licensee under Division three of this "ndtrTforfeYted Part of this Act who is entitled to apply and who has applied for a }j,°£1j{;1y

may be

certificate from the Board that he has complied with the provisions of dispossessed. the said Division and pending the granting of such certificate or the n-s-12L

valuation by arbitrators as provided in the said Division not exceeding four months from the expiration of such licence) or become forfeited or forfeited and void or has been revoked under this Part of this Act or in virtue or under colour of any expired forfeited void or revoked licence, or otherwise remains in unauthorized possession or occupation of such lands and refuses or neglects to deliver up possession of the same to any person authorized by the Board in that behalf, such person or any other person authorized by the Board may apply upon an information to be laid by him in the form set out in the Fifth Schedule to this Act to any justice Fifth schedule. for, and such justice shall issue a summons (which may be served and service of the service proved in the manner directed by section twenty-three of the Summons-Justices Act 1890 and subject to the like conditions as if it were a proceeding under that Act) in the form set forth in t h e c Sixth Sixth Schedule.

Schedule to this Act calling upon the occupier of such lands to appear occupier, at a time and place to be therein specified before any two or more justices one of whom shall be a police magistrate who may hear and determine the matter of such information in a summary way ex parte or otherwise and upon proof to the satisfaction of the justices one of whom shall be a police magistrate then and there present or present at any adjourned hearing of the said information that the lands referred to in such summons are the same as are referred to in the said notice; and on the production of a copy of the Government Gazette containing a notice that such licence has expired or been revoked or forfeited or that any licence has become forfeited and void, a warrant shall be issued by such justices or any other justice or justices which may be in the form or as near as may be in the form contained in the Seventh Schedule to seventh this Act; and every constable or bailiff to whom such warrant is ScheduIe-directed may forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession or writ of habere facias possessionem may now be executed by the sheriff. Provided always that the jurisdiction of such justice shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any such hearing as aforesaid.

1784 L A N D ACT 1890. [54 V I C T .

lb. s. 123.

" The Land Act 1 2 6 . The rent reserved in any lease granted under the forty-Re8coveSryof're„t s e v e n t h t h e forty-ninth or the fiftieth sections of " The Land Act 1862 " and licence fees, or under the thirty-seventh thir ty-eighth and fortieth sections of " The

Amending Land Act 1865 " or under the forty-fifth or forty-sixth or forty-eighth sections of " The Land Act 1869 " or under " The Land Act 1884 " or under any of the provisions of this P a r t of this Act, and the fee payable in respect of any licence granted under the fifty-third section of " The L,and Act 1862 " or under the th i r ty-ninth section of " The Amending Land Act 1865 " or under the forty-seventh section of " The Land Act 1869 " or under any of the provisions of " The Land Act 1884 " or of this P a r t of this Act, and the licence fee mentioned in the eighth forty-first and forty-second sections respectively of " The Amending Ijand Act 1 8 6 5 " or under the forty-ninth or fifty-third sections of " The Land Act 1869 " or under " The Land Act 1884 " or under any of the provisions of this P a r t of this Act, may be levied or recovered by or under the authori ty of the Board in like manner as any rent or fine is or shall be leviable or recoverable by law; and in case the same shall be levied by distress an order under the seal of the Board shall be a sufficient warran t and authori ty to distrain, any law or enactment to the contrary notwithstanding.

Governor in 1 2 7 . Notwiths tanding anything hereinbefore contained, the ^ohiwtTelLg Governor in Council may by proclamation declare t ha t no person timber ha. a l though he be duly licensed or otherwise authorized shall cut dig or

remove live or dead t imber or part icular description of t imber or bark stone gravel sand loam brick or other earth from such portions of Crown lands as are named in such proclamation or shall exercise on any such portions the powers or any of them conferred by any licence granted under the authori ty of Division eight of this P a r t of this Act .

HOW appiica- 1 2 8 . Whereas i t is expedient tha t applicants for leases and licences heard*0'to be under this P a r t of this Act should have an opportunity of showing the it. s. 125. bona fides of their applications, and t h a t a l l objections to the issue of

such leases and licences and to proposed proclamations alterations additions diminutions revocations and unions of commons should be publicly heard, and t h a t all persons whose leases or licences under any Division of this P a r t of this Act or under any P a r t of " The Land Act 1884 " or under any of the Acts thereby repealed may be deemed liable to forfeiture for any cause except non-payment of the rent or fees should be allowed to show cause to the Minister against such forfeiture, i t is hereby directed t h a t notice shall from t ime to t ime be given in the Government Gazette of a t ime not less t han ten days from the date of such notice when and a place where applications for leases and licences and objections to such applications, and also objections to any proposed exemption aforesaid and to any proposed proclamation alteration addition diminution revocation or union of commons, and reasons against forfeitures of any such leases and licences for any cause except non-pay­ment of rent or fees, will be publicly heard by the Minister or by persons appointed by the Minister to hear the same and report thereon in wri t ing to him.

decorations 1 2 9 . Al l notices heretofore published in the Government Gazette vaiidrfe'ture purport ing to declare t ha t the Governor in Council had revoked for-ib. s.i2o. feited or declared void any lease or licence issued under any of .the

No. 1106.] LAND ACT 1890. 1785

Land Acts heretofore in force shall be received in all courts of justice "The Land Act as conclusive evidence that the lease or licence was lawfully revoked1884-" forfeited or declared void as the case may be.

130. Notwithstanding anything in this Part of this Act contained, Governor in

the Governor in Council if he shall think fit may withhold or may with- "hhoidmory

draw from sale leasing or licensing any land or allotment. fronfsaillands

licensing or

131. Notwithstanding anything herein contained, every traveller ^easin -may while he is travelling depasture his cattle and sheep unless the Travelling same be affected with any contagious or infectious disease upon anycattle-unsold Crown lands within one quarter of a mile on either side of any b'''128' road or track commonly used as a thoroughfare whether such lands be or be not comprised in any common. Provided that such cattle and sheep shall be driven every day towards the place of their destination the distance as hereinafter provided.

The provisions of this section shall not apply to the counties enn- section not to merated in the Eighth Schedule to this Act or to any counties or districts MSUS.06*

am

added thereto as hereinafter provided; but such travellers may within "T}e P™»A*

such counties and districts depasture their cattle upon any unsold Crown lands within one quarter of a mile of any surveyed road. The Governor in Council may from time to time by proclamation published in the Govern­ment Gazette add any counties or districts in such proclamation named and described to the list of counties in the said Schedule and may at any time annul any such proclamation, notice whereof shall be published as aforesaid, but no proclamation made under the provisions of this section shall be of any force or effect until one month after such proclamation thereof.

132. Every person intending to drive cattle or sheep across the Notice to be land of any other person who is possessed of not less than five hundred pnTnd°ofOOUpier

sheep or through any common shall not less than twelve hours nor jj yftraveiiing more than twenty-four hours before entering upon such land or common cattie or sheep. give or deliver at the residence of the occupier of such land or at the i^"fa^Act

residence of the herdsman of the common or the manager (if any) residing on such land or if there be no occupier or manager residing on such land then shall post in some conspicuous place on such land a notice of his intention so to drive such cattle or sheep, and shall by such notice state from whence he has brought the same and whither he is driving them; and all cattle shall be driven every day a distance of not less than eight miles and all sheep shall be driven every day a dis­tance of not less than five miles in the direction of the place mentioned in the notice as the place to which it is intended to drive such cattle or sheep respectively; and any person who offends against any of the pro­visions of this section unless prevented by some cause which appears satisfactory to the justice shall on conviction before any justice forfeit and pay for every such offence a sum not exceeding Twenty pounds.

133. Where any person is employed by the Board or is otherwise Privilege of engaged in any public service, or when any holder of a miner's right is onbdu0tySrof actually engaged in searching upon Crown lands for gold, if any such JJJM™ % person or holder have with him in pursuance and for the purposes of j* . „. 130. his duty or in the reasonable prosecution of such search any cattle, he may during the continuance of such employment or service depasture

1786 L A N D ACT 1890. [54 V I C T .

••The Land Act all such cattle upon any Crown lands whether pastoral allotment or 1884." grazing area commonable or otherwise and may encamp thereon.

Proceedings not 1 3 4 . No order or other proceeding made touching or concerning o° ranomL*1 the matters aforesaid or touching or concerning the conviction of any ib. «. 131. offender or offenders against this P a r t of this Act shall be quashed or

vacated for want of form only, or be removed or removable by certiorari or any wri t or process whatsoever into the Supreme Court.

Appeal to 1 3 5 . Any person who feels himself aggrieved by any conviction or fftTiljf8910"8 01 'der of any justice or justices under this P a r t of this Act may appeal

therefrom to the next court of general sessions of the peace having jurisdiction in the district where such conviction has been made, and the execution of every such conviction or enforcement of every such order so appealed from shall be suspended in case such person with two or more sufficient sureties immediately before such justice or justices enter into a bond or recognisance to Her Majesty in the sum to be fixed by the justice or justices in each case, which bond or recognisance respectively such justice or justices is and are hereby authorized and required to t ake ; and such bond or recognisance shall be conditioned to prosecute such appeal with effect, and to be forthcoming to abide the determination of the said court, and to pay such costs as the said court awards on such occasion; and such court is hereby authorized and required to hear and determine the mat ter of the said appeal, and the decision of such court shall be final to all intents and purposes.

Board to make 1 3 6 . The Board shall have power from time to t ime to make and th!UoOTt°roi a°d alter or rescind rules and regulations or to rescind any rules and "^bh^'arks and regulations heretofore made for the care protection and management of reserves &o. all public parks and reserves not conveyed to and vested in trustees, ib. s. 133. a n ( j for t h e preservation of good order and decency therein, and also for

the collection and receipt of tolls entrance fees or other charges for entering in or upon such public parks and reserves; and all such rules and regulations and all rules and regulations made for the care protection and management of any public park vested in trustees by the trustees thereof shall be published in the Government Gazette, and shall be posted in some conspicuous place in every such park or in such reserve or park vested in trustees as the case may be; and every person offending against any such rule or regulation shall on conviction before any justice forfeit and pay a penalty not exceeding Five pounds for each offence; and every person who knowingly and wilfully offends against any such rule or regulation and who after he has been warned by any bailiff of Crown lands officer or servant of such trustees as the case may be or by any constable does not desist from so offending may be forth­with apprehended by such bailiff officer or servant as the case may be or constable and taken before some justice of the peace, and shall on conviction forfeit and pay a penalty not exceeding Ten pounds.

Trustees of 1 3 7 . Where under the provisions of any Act relating to Crown mUayniakeds lands the Governor in Council has heretofore reserved or may hereafter th^nnprovVofh reserve front sale permanently any Crown lands for any public purpose the Governor whatsoever or for any of the purposes specified in section ten of this '"TheiMnd Act Act or any previous corresponding enactment, and has vested or may 1889 "s.2. hereafter have vested such lands in trustees, or jointly in the Board

No. 1106.] LAND ACT 1890. 1787

of Land and Works and trustees, it shall be lawful for the trustees of >• m Land Act any such lands with the approval of the Governor in Council from time 1889" to time to make alter and rescind rules and regulations for all or any of the purposes hereinafter mentioned (that is to say):—

(a) for the care protection and management of such lands vested in them or any part thereof,

(b) for the preservation of good order and decency in such lands, and

(c) for the collection and receipt by such trustees of tolls entrance fees or other charges for entering in or upon such lands or any specified part or parts thereof.

Provided that no such rules or regulations shall be submitted for the approval of the Governor in Council until one month after they shall have been published in the Government Gazette and in some newspaper circulating in the municipal district in which the land is situated, and a copy of such rules or regulations "shall have been left with the clerk of such municipal district.

The Governor in Council may from time to time and at any time Power of disallow and annul any such rule or regulation, and thereupon such rule coSTodis-or regulation shall have no force or effect. aiiow reguia-

All such rules and regulations shall be published in the Govern- p°™[oation ment Gazette and shall be posted in some conspicuous place in the lands to which they relate.

Every person offending against any such rule or regulation or Penalty, against any rule or regulation within the operation of the next following section but one shall on conviction before any justice forfeit and pay a penalty not exceeding Five pounds for each offence; and every person Enforcement. who so offends, and who after he has been warned by any bailiff of Crown lands or office* or servant of such trustees (as the case may be) or by *Sic " officer."

any constable does not desist from so offending, may be forthwith apprehended by such bailiff officer or servant (as the case may be) or constable and taken before some justice of the peace, and shall on con­viction forfeit and pay a penalty not exceeding Ten pounds.

138. The provisions of sub-section (c) of the last preceding certain provi-section shall not apply to any lands granted by the Crown to or vested section'nof'to for recreation reserves in the Council of the City of Melbourne either fa

pn

p^°Crown

alone or jointly with the Board of Land and Works nor to any public j&. „. 3.' parks.

139. All rules and regulations heretofore made (pursuant to powers Rules heretofore conferred by any Crown grant) by any trustees of any Crown lands so iS^roC^rwits reserved from sale permanently for any of the purposes hereinbefore valitiated-mentioned shall be and be deemed to be and to have been from the ' *' ' time of the making thereof as valid and effectual as if such rules and regulations had been made under the authority of this Act, and the Governor in Council shall have with regard to such rules and regula­tions the like powers as if such rules and regulations had been made under the authority of this Act.

Trustees of

140. The word " occupants " in section six of the Fences Act 1890 deemed occu-

shall for the purposes of such section be deemed to include the p^o^agree'ing •trustees or persons having the care control or management of any land on nne of fence, whether permanently reserved or not. i'ss^ i!mAct

1788 LAND ACT 1890. [54Vior.

" The Land Act 1884 "8. 135. Unbranded wild cattle to belong to Crown.

Governor may make regulations. lb. s. 136.

141. All unbranded wild cattle above the age of twelve months which shall at any time be depasturing on any Crown lands and which have no reputed or apparent owner shall be and shall be deemed and taken to be the property of Her Majesty; and it shall be lawful for the Board to cause the same to be sold and disposed of in such manner as the Governor in Council may direct; and the purchaser of such cattle on obtaining the written authority of the Board for that purpose shall be at liberty within such time and in such manner as may be mentioned in such authority with necessary and proper assistance to shoot or take possession of such cattle, and for that purpose to enter upon any Crown lands where the same may be depastming.

142. The Governor in Council shall have power from time to time to make rules regulations and orders for the purposes hereinbefore mentioned and for the purpose of prescribing the mode of making applications under this Part of this Act the endorsing of leases and licences the registermg of orders to obtain Crown grants the notifying to the Registrar of Titles of incumbrances on Crown grants to be regis­tered by him and generally for carrying out the provisions of this Part of this Act, to alter or rescind such rules regulations and orders or any rules regulations and orders heretofore made to provide for the mode in which any land or boundaries shall be surveyed and boundaries adjusted, for prescribing the form of and the conditions and mode of applying for licences and leases to be issued under this Part of this Act, and the conditions upon which the same shall be issued for imposing any reasonable charge for surveys or fee for any Crown grant or other document issued or for any registration made under the authority of this Part of this Act, for providing for all proceedings forms of grants leases licences and other instruments and for the execution of all other matters and things arising under and consistent with this Part of this Act and not herein expressly provided for, and for the more fully carrying out the objects and purposes and guarding against evasions

To be laid before and violations of this Part of this Act. And all such regulations parliament. ^ ^ ^e s[gne& by the Minister, and upon being published in the

Government Gazette shall be valid in law as if the same were enacted in this Act and shall be judicially noticed; and all such rules regula­tions and orders shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament be then sitting, and if Parliament be not sitting then within fourteen days after the commencement of the next sitting of Parliament.

Minister to lay 143. The Minister shall annually lay before the Legislature a before1""1 rcport report of the proceedings taken under the provisions of this Part of this parliament. Act up to the month of December in the year preceding the date of such

report.

PART II.—SPECIAL PROVISIONS FOR MALLBE LANDS.

144. In this Part of this Act— "Board" shall mean the Board of Land and Works: " Cattle" shall mean horses geldings mares bulls bullocks cows

steers and heifers, also foals and calves over six months old: " Lessee" shall mean as well the lessee of any land leased pur­

suant to this Part of this Act as the executor administrator assignee or personal representative of such lessee:

Forms of grants and licences &c.

lb. s. 137

Interpretation. " The Mallee Pastoral Leases Act WW's 2. "Board." "Cattle." "Lessee."

No. 1106.] LAND ACT 1890. 1789

"Minister" shall mean the responsible Minister of the Crown "Thettaiiee • administering this Part of this Act: **£$£?""

"Owner" shall include every person having an estate of freehold "Minister." in possession and every person in occupation of land held by 0wner' him under a title derived from such person as aforesaid:

"Sheep" shall mean rams wethers and ewes and also lambs •• sheep." after the thirty-first day of the month of December in the year in which such lambs are born:

"Vermin" shall include kangaroos wallabies and other mar- •<vermin." supials dingoes or native dogs dogs run wild dogs at large rabbits and any other animal or any bird which the Governor in Council may by proclamation in the Government Gazette declare to be vermin for the purposes of this Part.

DIVISION 1.—MALLEB COUNTEY.

145. The lands not alienated from the Crown and situated in the Maiiee country. North-western district of Victoria within the boundaries set forth in lb-s-s-the Ninth Schedule hereto comprising in all some ten millions of acres Ninth schedule. wholly or partially covered with the maiiee plant and known as the Maiiee Country shall be divided into blocks as hereinafter provided.

146. A plan shall be kept of the Maiiee Country, and on such Division into plan there shall be projected boundary lines showing the division of 7!)

ocs8,j

such Maiiee Country into blocks varying in size, and such blocks are hereinafter designated as "maiiee blocks," and each block shall be divided into two parts marked respectively on the said plan A and B. A lease for one of such parts of each maiiee block may be granted and the lessee thereof shall occupy as hereinafter provided the other of such parts of such maiiee block. The Governor in Council may before issuing a lease for a part of any such maiiee block alter vary extend or adjust such boundary lines in any way that he may think fit.

147. The Governor in Council may grant a lease for pastoral Term of lease, purposes of one part of each maiiee block to the person who in manner n-s-B-hereinafter provided takes up or purchases the right to a lease in respect of such maiiee block for any term of years, provided that the term for which any land is so leased shall expire not later than twenty years after the first day of December One thousand eight hundred and eighty-three, and at the expiration of such term the land so leased and all improve­ments thereon shall revert absolutely to Her Majesty Her heirs and successors.

148. The right to a lease in respect of any maiiee block shall be Right to lease offered for sale by auction, and notice of such auction shall be given in auction*1 by

the same manner in all respects as notice with regard to Crown land to n>. «. 7. be sold by auction in fee simple is given under any law for the time being in force.

149. The person who bids the highest sum by way of premium for Highest bidder the right to a lease in respect of any maiiee block offered for sale by 1° teJ£tMed

auction as aforesaid shall be entitled to receive a lease in respect of the n>.«. a same, provided he pay such premium at the time of such auction, and in default of such payment the right to lease shall be forthwith again put up to auction.

1790 L A N D ACT 1890. [54 V I C T .

"ThcMMec Pastoral Leases Act 1883" s. 9. If no bidder, area to be open for selection by first applicant.

If no bidder, size of block may bo altered and right to lease again offered. lb. s. 10.

150. If there be no bidder at such auction, the r ight to a lease in respect of such mallee block shall after public notice be granted to the first person who after such notice lodges an application for the same. If two or more applications be lodged on any one day before the hour of two of the clock in the afternoon in respect of the same mallee block the r ight to a lease in respect of such mallee block will be put up to limited auction between such applicants. The person who then offers the highest amount of premium and thereupon pays the same shall be declared entitled to the lease.

151. I f there be no bidder a t such auction and if after public notice no person lodges an application for a lease in respect of any mallee block within one month after the giving of such notice of auction as herein provided, the Governor in Council may subdivide any such mallee block or add thereto any other unsold portion or portions of the Mallee Country anything in this P a r t of this Act to the contrary notwithstand­ing, and in tha t case the r ight to a lease in respect of such mallee block altered as aforesaid shall be again submitted to public auction in the manner provided in this Pa r t .

152. Any person taking up a mallee block as aforesaid may within three months thereafter elect of which of the par ts of such mallee block he will take a lease, and any person purchasing the r igh t to a lease in respect of a mallee block a t auction may within three months thereafter elect of which of the parts of such mallee block he will take a lease; but in both of such cases the lessee shall occupy as herein provided the other of the par ts of such mallee block.

153. I t shall be a condition in grant ing such lease as aforesaid t ha t the lessee thereof shall occupy in connexion with the par t of the mallee block demised by such lease for a period of five years then next ensuing from the date of such lease the other par t of such mallee block as shown on the plan aforesaid upon the terms covenants and conditions hereinafter provided. A lessee occupying such other par t as aforesaid shall be in respect thereof an " occupier " under this P a r t of this Act.

Application 1 5 4 . Sections ten seventy-three and seventy-four of this Act country"^ are hereby declared to apply to and to have operation in the country Ac"t\m$lse2. known as the Mallee Country and described in the Tenth Schedule to

this Act.

Lessee may elect which part of mallee block ho will lease. lb. s. 11.

Lessee to occupy other part of mallee block. lb. s. 12.

DIVISION 2.—MALLEE BORDEE.

Mallee border. lb. s. 13.

1 5 5 . The lands not alienated from the Crown and forming the southern and eastern border of the country known as the Mallee Country, and described in the Tenth Schedule, shall be divided into allotment's as hereinafter provided. Provided tha t any mallee block comprised within the boundaries set forth in the Ninth Schedule hereto may, if the Governor in Council th ink fit, be added to the lands

Tenth schedule, described in the said Tenth Schedule, and may be subdivided into mallee allotments, but only upon the condition tha t applications shall have been previously made to the Minister by persons willing to take up the whole of such mallee block .when. subdivided into mallee allot­ments. . . . .

No. 1106.] LAND ACT 1890. 1791

156. A plan shall be kept of the portion of the Mallee Border "TheMaiue described in the Tenth Schedule hereto, and on such plan there shall be ^ fS ' ^ f i f projected boundary lines showing the division of such portion of the Division into

Mallee Border into allotments varying in size, but not exceeding in j ^ Module gross area twenty thousand acres, and such allotments are hereinafter designated " mallee allotments." The Governor in Council may before issuing a lease for any such mallee allotment alter vary extend or adjust such boundary lines in any way that he may think fit.

157. The Governor in Council may grant a lease of any mallee Leases of - • - allotments

' lb. s. 15. allotment to any person who in accordance with regulations in that ""o""611'8-behalf makes application for the same and pays half a year's rent in advance in respect of the allotment a lease of which is so applied for. Leases of mallee allotments may be granted for any term of years provided that the term thereof shall expire not later than twenty years after the first, day of December One thousand eight hundred and eighty-three, and all improvements upon the land so leased shall at the expiration of the term of the lease revert absolutely to Her Majesty Her heirs and successors. The area of all of the mallee allotments held by "Tuiiaiue any one person shall not in the aggregate exceed twenty thousand acres. fssT" «.T Aet

158. If any of the lands forming a portion of the lands described in Lands in Tenth the Tenth Schedule hereto have not on or before the first day of May remaning One thousand eight hundred and eighty-four been leased to any person J"aSSf thaf under the provisions herein contained, then such land may be dealt lands in Ninth with in all respects as if it formed a portion of the lands situated ,?The Mallee within the boundaries set forth in the Ninth Schedule hereto. r,af?I^eas^

Act 1883" 8. 17.

159. If there be no lessee or occupier of either of the parts of a n y If no lessee or

mallee block or no lessee of any mallee allotment, the Board shall for STeenSor the purpose of the destruction of " vermin " as hereinafter provided be g ^ S ^ of deemed to be the lessee or occupier thereof, and shall pay in respect vermin to be the of each square mile of land contained in every such part of such mallee occupies block or in such mallee allotment the annual rate or assessment payable •"-• «• i»-in respect thereof. Such annual rate or assessment shall be paid out of the consolidated revenue to the local committee of the " vermin" district (to be constituted as is in this Part provided) in which such part is situated so long as there is no lessee or occupier of such part of such mallee block or lessee of such mallee allotment and so long as such part or such mallee allotment continues to form portion of a " vermin " district.

DIVISION 3.—MALLEE PASTOKAL LEASES.

160. The annual rent to be reserved in every lease of a part of a Reserved rent mallee block demised under the provisions of this Part of this Act shall bl0Ck is taken be computed at the rate of Twopence per head on the average number ^ ^ u S f t . of sheep and One shilling per head on the average number of cattle n.«. m actually depasturing on the land thereby demised for the first five years of such demise, and at the rate of Fourpence per head on such sheep and Two shillings per head on such cattle for the second five years of such demise, and at the rate of Sixpence per head on such sheep and Three shillings per head on such cattle for the remainder of the term of such demise.

VOL. III. JI

1792 L A N D ACT 1890. [54 V I O T .

"TheMaiiea 1 6 1 . The annual rent payable in respect of the par t of a mallee 5cf°883"/»!'2oS hlock occupied in connexion with any demised pa r t of a mallee block Reserved rent of shall be computed at the rate of Twopence per head on the average occupied block. n u m k e r 0 f s l i e e p and One shilling per head on the average number of

cattle actually depasturing on the land occupied as aforesaid. The lessee of any demised land shall in filling up the Sheep and Cattle Ren t Return as hereinafter directed include therein the sheep and catt le depasturing on such demised land and also on such land occupied in connexion therewith; bu t in no case shall such yearly rent be less t h a n the sum of Two shillings and sixpence for each square mile or fractional pa r t of a square mile of the land included in both such par ts of a mallee block.

covenants&o 1 6 2 . Every lease of a par t of a mallee block shall be dated the of lease. g r g^ ^ay 0 f January or the first day of Ju ly in any year, and shall

contain the following covenants ( that is to say) :— TO pay rent. (1) A covenant for the payment of the annual rent reserved in

moieties: Not to cultivate (2) A covenant tha t the lessee will not cultivate assign sub-or a*sign- let or subdivide any land demised by such lease or any

portion thereof without the consent of the Board signified in writ ing:

TO destroy (3) A covenant tha t the lessee will a t once commence to destroy Va™iM ° n l e M e d and will within three years after the grant ing of the lease

have destroyed to the satisfaction of the Board the vermin upon such land, and t h a t he will keep the same free of vermin to the satisfaction of the Board during the currency of his lease:

TO destroy (4) A covenant tha t the lessee will a t once commence to destroy ooou"Sedn)art a n ^ ^ ^ within three years after the grant ing of the lease

aforesaid have destroyed to the satisfaction of the Board the vermin upon the par t of the mallee block occupied by h im as aforesaid in connexion with his lease of the other par t of such mallee block, and t h a t he will for a period of five years from the date of such demise keep the same free of vermin to the satisfaction of the Board:

To surrender (5) A covenant t ha t the lessee will a t the expiration of the S'nviyeMs. term of five years surrender the par t of the mallee block

occupied by h im as aforesaid in connexion with his lease of the other par t of such mallee block and give peaceable and quiet possession thereof to Her Majesty He r heirs and successors:

To repair. (6) A covenant t ha t the lessee will keep in good condition and repair during the continuance of the term of the lease all houses fences wells reservoirs tanks dams and all improve­ments of a permanent character situated on such demised land whether made erected or constructed by such lessee or not, reasonable wear and tear and damage by fire storm and tempest alone excepted, and tha t the lessee will not remove fill up or render useless or cause to be removed filled up or rendered useless any of the same without first obtaining the permission of the Board signified in writ ing:

No. 1106.] LAND ACT 1890. 1793

(7) A condition that the lease shall be voidable at the will of ••Thawauee the Governor in Council in the event of any breach of or Jjf g'.f™** non-compliance with the covenants thereof by the lessee: Lease to be

(8) A condition reserving to Her Majesty Her heirs and sue- breach. cessors a right to resume possession at any time of any of jfesmneCforWn

the land comprised in the lease other than the site of the public purposes. homestead and improvements connected therewith erected by the lessee (which shall in no case exceed an area of' six hundred and forty acres) which may in the opinion of the Governor in Council be required for the purposes of water supply irrigation works races dams and ditches or timber reserves or for public railways roads canals or other internal communication through such lands or for mining purposes or for any of the purposes set forth in sections ninety-seven and ninety-nine of this Act except that mentioned in subdivision seven of the said section ninety-nine, and upon such resumption as aforesaid such lands shall be deemed to be Crown lands not under lease or licence within the meaning of the said section:

(9) A condition reserving to the Governor in Council the power Bight of to grant in the manner and on the conditions prescribed coXduo grant in Division eight of Part I. of this Act licences to any licences to enter person to enter upon any of the land comprised in the purposes,

lease and search for cut dig and take away any live or dead timber mineral gravel salt guano sand resin stone or lime-stone loam brick or other earth or to occupy the site of fishermen's residences drying grounds fellmongering establishments slaughter-houses brick or lime kilns or to erect pumps or collect ballast:

(10) A condition that Her Majesty Her heirs and successors may Eight of crown at any time in accordance with regulations in that behalf ^j™"16 for

to be made by the Governor in Council under the authority purposes. of this Act resume for mining purposes and re-enter upon any lands forming part of the lands leased, upon payment for his improvements on the lands so resumed to the lessee the full value of all houses fences wells reservoirs tanks dams and all improvements of a permanent character made erected or constructed by such lessee. Nothing con­tained in any of these covenants or in this Part of this Act shall be construed to give a better tenure to the lessees in regard to the right of miners to enter upon such leased land in search of gold than was possessed by pastoral tenants under "The Land Act 1869."

(11) A condition reserving to each and every other lessee the EgI.ess and right of ingress egress and regress to and from his block ingress. or allotment through from and to any public road or track, subject to regulations made or to be made by the Governor in Council:

(12) A condition that the Board or any person appointed in that p0wer to enter behalf by the Board may at any time enter upon the land p^o^ance 0f demised to ascertain if the conditions and covenants of covenants, the lease are being performed by the lessee;

n 2,

1794 L A N D ACT 1890. [54 V I C T

"TheMaiicc (13) A condition reserving to Her Majesty her heirs and suc-At?tim"MSrs cessors a r igh t to resume after having given three years ' night to resume notice in the Government Gazette possession of any land yeare'notioo on demised by such lease upon payment to the lessee for his payment of interest in such lease together with the value of houses compensation. „ ,-, • i i i i -n • ,

fences wells reservoirs t anks dams and ai l improvements of a permanent character made erected or constructed by the lessee during the currency of his lease. Provided t h a t the sum paid in respect of such improvements by the Board shall not exceed the sum expended thereon by such lessee, and tha t such sum shall be determined in accordance wi th regulations in t h a t behalf made by t h e Governor in Council, and t h a t the compensation to be paid to the lessee in respect of his interest in the lease shall be determined in manner provided by the Lands Compensation Act 1890.

Terms and 1 6 3 . Any p a r t of a mallee block occupied by the person who holds occupaUon°off a lease of the other pa r t of such mallee block for a te rm of five years flvall°eare°ok for u n < i e r the provisions of this P a r t of this Act shall be held subject to ibUst the terms and conditions in respect of such first-mentioned pa r t as

those expressed in the lease of such other par t .

covenants of 1 6 4 . Every lease of a mallee al lotment shall be dated the first day a1totmefntna"eQ of J anua ry or the first day of Ju ly in any year, and the rent to be n. s. 23. reserved thereby shall be determined by regulations made or to

be made by the Governor in Council. Every such lease shall contain covenants to the same effect as those which i t is by this P a r t of this Ac t provided t h a t the lease of a mallee block shall contain wi th the exception of such covenants as relate to the par t of a mallee block occupied in connexion with- the lease of the other p a r t of such mallee block.

occupiers to bo 1 6 5 . I f any occupier with the consent of the Board signified in u™ToTemeentsfor wri t ing erect on the p a r t of any mallee block occupied by h im any n. s. 24. houses fences wells reservoirs tanks dams or other improvements of a

permanent character, he shall on the resumption under the authori ty of this P a r t of this Act of any portion of such pa r t of a mallee block or a t the expiration of the term for which he occupies such p a r t of a mallee block, be entitled to demand and receive from the Board the full value of such improvements of a permanent character erected dur ing the te rm of his occupation on such par t of a mallee block or on such portion thereof as the case may be. Provided t h a t the sum paid in respect of such improvements by the Board shall not exceed the sum expended thereon by such occupier, and tha t such sum shall be determined in accordance with regulations in t h a t behalf made by the Governor in Council.

Alienated land 1 6 6 . Al l lands included within the boundary of any mallee block country0maybe o r °f aQV mallee al lotment and of which the fee simple is vested in resumed by persons other than Her Majesty may a t any t ime be entered upon iTL 25. resumed and taken possession of by the Board on behalf of Her Majesty

whenever any money has been appropriated by Par l iament for t h a t purpose, and the compensation therefor shal l be determined in manner

No. 1106.] LAND ACT 1890. 1795

provided by the Lands Compensati&s Act 1890, and upon such re- "TheMaiuc sumption shall be deemed to form part of the mallee country as though ^ttim//Cases

the fee simple thereof had always remained in Her Majesty.

167. No lands forming part of the mallee country and demised Alienation of

under the provisions of this Part of this Act shall be alienated in foSienands

fee simple, and every conveyance and alienation thereof shall be n. s. 20. absolutely void as well against Her Majesty as all other persons whomsoever.

168. No lands forming part of the mallee country and occupied Alienation of in connexion with any demised land for a term of five years under the for°bidd™!ands

provisions of this Part of this Act shall be alienated in fee simple, and n.«. 27. every conveyance and alienation thereof shall be absolutely void as well against Her Majesty as all other persons whomsoever.

169. No lands resumed by the Board on behalf of Her Majesty Alienation of

under the provisions of this Part of this Act shall be alienated in fee SddeSn.med

simple, and every conveyance and alienation thereof shall be absolutely n. s. 2a void as well against Her Majesty as all other persons whomsoever.

170. The part of a mallee block occupied in connexion with any Parts of maiiee land demised hereunder and surrendered in pursuance of the pro- i crownVbefore visions of this Part of this Act either before or at the end of five years '^aSiince-from the date of such demise, and also any part of a mallee block ment of Act demised and also of any mallee allotment demised which may have been again leased.

revested in Her Majesty Her heirs or successors for breach of the cove- n- *•29-nants and conditions of such demise, shall be dealt with by the Board as Parliament directs, and in default of such direction may be leased as mallee blocks or mallee allotments by the Governor in Council for any term of years for pastoral purposes, provided that the term for which any such land is so demised shall expire not later than twenty years after the first day of December One thousand eight hundred and eighty-three. Such lease shall contain covenants and conditions similar in effect to those which it is herein provided that leases issued under the authority of this Part of this Act are to contain which are applicable thereto, and also a covenant on the part of the lessee to keep in good condition and repair houses fences wells reservoirs tanks dams and all improvements of a permanent character situated on such demised land reasonable wear and tear and damage by fire storm and tempest only excepted. Before any of such parts of a mallee block (unless divided into mallee allot­ments) are demised under the powers in this section contained the right to a lease thereof shall be offered for sale by auction, and notice of such auction shall be given in the same manner in all respects as notice with regard to Crown land to be sold by auction in fee simple is given under any law for the time being in force.

171. When any land comprised in any lease under this Part of in case of land this Act is resumed by Her Majesty Her heirs and successors, the Board Jfbfdeemedfor shall for the purpose of the destruction of vermin be deemed to be the g|Xfctio°n of lessee thereof and shall contribute therefor as is hereinbefore provided; vermin to be the

and if such land be thereafter demised to or occupied by any other ™p'se0r'

person,, such other person shall be deemed to be the lessee thereof for the purpose of the destruction of vermin.

1796 • L A N D ACT 1890. [54 V I C T .

1 7 2 . For the purpose of ascertaining the average number of sheep and cattle actually depasturing in each and every year on any par t of any mallee block, the lessee occupier overseer or other person in charge of such par t of a mallee block shall on or before the twenty-first day of June and twenty-first day of December in each and every year during the currency of the lease or the currency of the te rm of occupation thereof as the case may be fill up and deliver a t or forward by post to the office of the Board in Melbourne a return hereinafter termed a " Sheep and Cattle Ren t Return " in the form and in compli­ance with the directions in the Eleventh Schedule hereto contained; and the rent payable in respect of such land for the half-years ending on the thir t ieth day of June and the thirty-first day of December respectively shall be calculated on the average number of sheep and cattle which with the consent of such lessee occupier overseer or other person as aforesaid were on the dates on tha t behalf mentioned in the said Schedule actually upon or depasturing on such par t of such mallee block.

Lessees to make 1 7 3 . Every lessee occupier overseer or other person as aforesaid thdrnownn °' shall on or before the twenty-first day of June and the twenty-first day travelling stock. 0 f December in each year fill up and forward in the like manner as is

prescribed for the returns hereinbefore required to be forwarded a return (hereinafter termed a " Travelling Stock Return " ) in the form in the

Twelfth Twelfth Schedule hereto of all sheep and cattle the property of such schedule. lessee which within the six months next preceding the date of such

return have been travelling over any Crown lands whether held under lease or not (except such lands as are leased to the said lessee or in the occupation of the said occupier) giving the brands or other marks or such sheep or cattle and the name of the person in charge thereof, and such return shall also state where to the best of the knowledge of such lessee overseer or other person such sheep or cattle actually were on the first day of the months of February Apri l and June or Augus t October and December as the case may be next preceding the date of such return.

Lessee to have 1 7 4 . Upon the resumption in pursuance of the conditions in a jormcertamtlon lease of a par t of the mallee block or any portion thereof or of any improvements. m a r j e e allotment or any portion thereof comprised in such lease or upon

the termination of the period of such lease, the lessee thereof shall be paid out of the consolidated revenue within six months from such resumption the value of all wells reservoirs tanks or dams of a permanent character situate on such land and constructed by such lessee or any person under whom he claims during the currency of the lease if available for the use of sheep or cattle so as to increase the carrying capability of such block or allotment, and such value shall be determined in accordance with regulations and the same shall be paid to the lessee as aforesaid.

1 7 5 . I f any of the land included in any lease under this P a r t of this Act be resumed under the power in tha t behalf in this P a r t of this Act contained at any t ime during the first half of 'the term granted by such lease or a t the termination of the said first half of the term, the full value of all substantial buildings and fences made upon such land by the lessee during the currency of his lease shall be paid to the'lessee

" The Mallee Pastoral Leases Act 1883" s. 31. Return of sheep and cattle for purpose of com­puting rent.

Eleventh Schedule.

Fences or other improvements. lb. e. 34.

No. 1106.] LAND ACT 1890. • 1797

out of the consolidated revenue; if any such land be so resumed during •• The Malice

the third quarter of the term of years granted by any such lease, one-half 2cfS!^ea8es

of the value shall be paid to the lessee; and if such land be so resumed during the last quarter of the term, one-fourth of the value of all such improvements shall be determined in accordance with regulations and paid to the lessee as aforesaid. Provided that if the lessee of a part of Board to reim-

a mallee block or of a mallee allotment have during the last five years irS iemaits' of his lease effected with the previous consent of the Board signified in effected within

, , *• ™ five years of

writing any improvements therein, such lessee shall be entitled to be termination of reimbursed by the Board to the extent of the full value of suchlease' improvements within six months after the termination of such lease.

176. If the lessee of a part of a mallee block or of a mallee allot- incoming tenant ment have with the previous consent of the Board signified in writing rosTof'cTrtL'rf1' fenced or enclosed with a good and sufficient vermin-proof wife net fence f onSfby5

flie whole or any portion of such part of such mallee block or such mallee Board. ( ( fTIT. TUT 11

allotment, the lessee thereof shall upon the expiration of the term of the lending let lease if the fence be then in good repair be paid by any incoming tenant1886" «•6-a moiety of the then value of such fence erected as aforesaid, and such value shall be determined in accordance with regulations in manner hereinafter specified, provided that the same shall not exceed the sum of Thirty pounds per mile. Provided that this section shall not apply to any improvements effected by any lessee for which he is -entitled to be reimbursed by the Board under the provisions of the last preceding section.

177. If the lessee of a part of a mallee block or of a mallee allot- Incoming tenant

ment have with the previous consent of the Board signified in writing 0? lea'nnTif00^ cleared scrub and useless timber from any portion of such part of such °™jjjj0ned by

mallee block or such mallee allotment so as to render the same available Ib, s. 6. for agricultural purposes so far as the nature of the land will permit, such lessee shall upon the expiration of the term of the lease be paid by any incoming tenant the then value of such clearing, and such value shall be determined in accordance with regulations to be made in manner hereinafter specified, provided that the same shall not exceed the sum of Ten shillings per acre. Provided that this section shall not apply to any improvements effected by any lessee for which he is entitled to be reimbursed by the Board under the provisions of last preceding section but one.

178. In cases where parts of contiguous mallee blocks included in one return for more leases than one are occupied or used together as one run, the i^fs

guom

returns by this Part of this Act prescribed may be made in the same •• The iiauee manner as if the whole of such parts of the mallee block were included / " S S 8

in one lease.

179. Every return under the provisions of this Part of this Act Penalty for

shall be signed by a lessee occupier overseer or other person making the same and shall be certified by him to be correct in all particulars; and if any such lessee occupier overseer or other person wilfully make sign deliver or forward any false return or make or practise any fraudulent contrivance or device whatever with intent thereby to conceal or misrepresent the number of sheep or cattle actually upon or depasturing on any part of a mallee block, such lessee occupier overseer

false return. Ib. s. 36.

1798 LAND ACT 1890. [54 VKTT.

" The Malice Pastoral Leases Act 1883."

Transfer of leases to be registered. lb. s. 37.

or other person so offending shall on conviction for every such offence be liable to a fine of not less than Fifty pounds nor more than Two hundred pounds, or in default of payment to imprisonment for a period of not less than six months nor more than two years; and the lease or right of occupation of any land in respect of which such false return is made shall be voidable at the will of the Governor in Council. I t shall be lawful for the Board by any person acting under its authority to enter upon any Crown lands whether leased or not and count the sheep and cattle which should under the provisions of this Part of this Act be included in any return as aforesaid, and for such purpose it shall be lawful for the Board in manner aforesaid to place such sheep or cattle in yards or paddocks for the purpose of counting the same with greater facility.

180. Every transfer of a lease and right of occupation of a mallee block shall on application if approved by the Governor in Council be registered at the office of the Board, and until such registration has been made the transfer' shall have no effect or operation, and no interest either at law or in equity shall be transferred thereby.

Effect and evidence of forfeiture. lb. 8. 38.

181 . If the rent reserved in respect of any part of a mallee block or of a mallee allotment under the authority of this Part of this Act or any part of such rent remain unpaid for thirty days after any of the days on which the same should have been paid (although no formal demand be made thereof) or in case of the breach or non-performance on the part of the lessee or occupier of any of the covenants and agreements under which such part of a mallee block or such mallee allotment is held, then in either of such cases it shall be lawful for the Crown at any time there­after into and upon such mallee block or such mallee allotment or any part thereof in the name of the whole to re-enter and the same to have again re-possess and enjoy as of its former estate anything herein contained to the contrary notwithstanding.

How rent is recoverable. lb. s. 39.

182. The rent of any mallee block or mallee allotment may be recovered in like manner as any other rent is or may hereafter by any law for the time being in force be recoverable, and in case the same be levied by distress an order of the Board shall be sufficient warrant and authority to distrain, any law or enactment to the contrary notwithstanding.

occupier. 183. The word " occupier" in the Fences Act 1890 shall mean and n. s. 40. include the lessee or occupier of a part of a mallee block and the lessee

of a mallee allotment, or in case there be no lessee or occupier of any part of a mallee block or lessee of a mallee allotment at the time of the erection of a dividing fence by the occupier of adjoining land, then the word "occupier" shall include the first person who thereafter becomes lessee or occupier of such part of a mallee block or lessee of such mallee

' allotment. Provided that the fences specified in sub-sections four to ten (both inclusive) of section four of the said Act shall not be

Ninth schedule, erected on any land within the boundaries set forth in the Ninth and Tenth schedule. Tenth Schedules hereto, and shall not be deemed to be a sufficient or

' a substantial fence within the meaning of the said Act and of this Part of this Act.

No. 1106.] LAND ACT 1890. 1799

DIVISION 4.—SURVEY OF BOUNDARIES.

184. In any case where it may seem advisable to the Minister that -The Maiue the boundaries or any portion of the boundaries of any part of a mallee A^fim^Tlf •block or group of mallee blocks or mallee allotment or group of mallee Minister may

a l lo tments should be determined by ac tua l survey, he m a y direct such boundarie^t0' survey to be made , and in considerat ion of t h e expense of such survey c h a r s e °?lessee

J- «* or occuDicr

may charge to the lessee or occupier thereof as the case may be the full or proportionate cost of such survey, and one-half of the sum so charged •• The Maiiee shall be payable on the issue of the lease to the lessee or lessee and S'USB^'Z. occupier and the other half shall be payable in equal half-yearly instal­ments extending over the unexpired portion of the term of the lease of such lessee or of the occupation of such occupier (as the case may be), and such instalments shall respectively be added to and taken to form a part of the rent'payable in respect of such mallee block or blocks or mallee allotment or allotments on the thirtieth day of June and thirty-first day of December in each year and may be recovered in the same manner as such rent is recoverable.

Provided that the amount so charged shall not be calculated at a rate higher than Two pounds per mile of boundary line actually surveyed.

185. The Governor in Council may from time to time exempt Exemption of any mallee block or mallee allotment enclosed with a substantial fence liStmentT'from or any part of such block or allotment so enclosed from the operation section m of of section one hundred and thirty-one of this Act, and may vary or .. e j / a B e e revoke such exemption. ^"f^i.^/f

r • Act 1883"«. 42.

DIVISION 5.—VERMIN DISTRICTS.

186. The Governor by proclamation to be published in the Governor Government Gazette may from time to time declare any lands situate S$£cl t t im

within the mallee country or the mallee border to be " vermin districts " n. s. 43. for the purposes of this Part of this Act and affix the boundaries thereof, and may from time to time in like manner cause any lands to cease to be vermin districts or may vary the boundaries thereof.

187. The owners lessees and occupiers of t h e lands wi th in any Election of vermin dis t r ic t sha l l in manne r prescribed in regula t ions to be m a d e in committees.local

that behalf by the Governor in Council upon the proclamation of any n. s. u, such district and annually in every year thereafter elect five persons to be a local committee for the destruction of vermin of such district, and such persons shall hold office for one year from the date of their first appointment, and three of such persons shall form a quorum. Quorum.

N o person sha l l be elected a member of the local commit tee for Qualification of any vermin dis t r ic t unless he own wi th in such dis t r ic t a t least one {Jo^Ses.100"1

thousand sheep or two hundred and fifty head of cattle or be an over­seer or superintendent of at least five thousand sheep or one thousand head of cattle within such district or be a lessee of any mallee allotment.

The owners lessees and occupiers of lands within any vermin Method of voting district shall be entitled to vote personally or by proxy at the election

of voters.

of members of the local committee in.accordance with the scale contained in the Thirteenth Schedule hereto. eSSS?

1800 • LAND ACT 1890. ' [54 VICT.

"The Malice Pastoral Leases Act 1883." Casual t vacancies.

Governor may appoint local committee on omission to elect.

On loss of qualification by member of committee Governor may remove.

Members of local committee to be repaid their expenses. "The Malice Amending Act 1885 "s .8 .

If any casual vacancy occur in the local committee by the death resignation or removal of any member, the Governor in Council may appoint a member in the place of the member so dying resigning or removed, and the member so appointed shall continue to be a member of the local committee for the same period as the member so dying resigning or removed would have done.

If the owners lessees and occupiers of land within any vermin district fail to exercise their right to elect members of the local committee within six weeks after a notice has been published in the Government Gazette by the Minister calling upon such owners lessees and occupiers to exercise their right of election, the Governor in Council may appoint members of the local committee, who shall hold office for the same period and have the same rights and duties as if they had been elected by such owners lessees and occupiers.

If any member of the local committee ceases to own the number of sheep or cattle necessary to qualify him to be a member of the local committee or ceases to be a lessee of a mallee allotment, the Minister who for the purposes of this section shall be the sole judge of his quali­fication, may recommend the Governor in Council to remove such member and he may thereupon be removed.

188. The members of every local committee shall be paid from the rate or assessment received by the Minister from their respective vermin districts such sum by way of repayment of the expenses incurred by them in travelling to and from the meetings of such local com­mittee as may be fixed by regulations made or to be made as hereinafter specified.

189 measures

The local committee may take any proper and lawful to ensure the destruction within its vermin district of all

Power of local oommittee.

Pastoral Leases vermin, and for that purpose may out of the sums of money raised under Act 1883 s. 45. ^ - g p a r £ Q£ ^ s ^ c ^ pay ^OT g u c j i destruction such sums of money by

way of scalp-money as may seem fit.

On appointment of local oommittee

lb. s. 46.

190. The local committee shall within thirty days from its appointment and thereafter in the month of January in each and every

mad?ment t0 be 7 e a r recommend to the Governor an annual rate or assessment specify­ing the amount thereof to be paid by the owners lessees or occupiers of land within its vermin district in respect of each square mile of land owned held under lease or occupied under the provisions of this Part of this Act and also in respect of the sheep or cattle depasturing thereon.

Every such rate when made in respect of sheep or cattle shall be payable in respect of and apportioned to the average number of sheep or cattle actually depasturing on the land owned or held under lease or occupied by any person under the provisions of this Part of this Act, such average number to be computed as herein provided.

Payment of assessment. lb. s. 47.

191. Such rate or assessment on being proclaimed by the Gover­nor in Council in the Government Gazette shall be the rate payable by the owners lessees and occupiers of land within the vermin district for the current year for the purposes of this Part of this Act, and shall be paid to the Minister at the same time as the rent payable by such lessees and occupiers, but payment of such rate or assessment shall not be

No. 1106.] LAND ACT 1890. 1801

deemed to relieve such lessees or occupiers from any ohligation imposed "TheMalice upon them by this Part of this Act or under the authority thereof to Acfim.^18

destroy vermin upon the land leased or occupied by them, and to keep the same free from vermin.

The Minister on receipt of the rate payable by any owner lessee or Rate to be re-occupier shall remit the same to the local committee of the proper committee1.00

district, to be by them expended for the purposes of this Part of this Act.

The local committee may by any person authorized by them On Distress on

that behalf if any owner lessee or occupier fail or neglect to pay such n o n w , e n t

rate or assessment to the Minister by notice published in the Government Gazette call upon every such owner lessee or occupier to pay the sum due under any such rate or assessment on or before a day to be named in such notice; and if any such owner lessee or occupier make default in complying with the requirements of any such notice, the local committee may recover all moneys due in respect of any such rate or assessment by distress of the sheep cattle goods and chattels of the owner lessee or occupier making default or in the discretion of the local committee in a summary manner.

192. The local committee of any vermin district may in the Fencing rate, month of January in each and every year recommend to the Governor ^ m S l c * an annual rate to be called a "fencing rate" specifying the amount i885"e. n. thereof to be paid by all owners lessees or occupiers of land within its vermin district upon whose boundaries any vermin-proof wire net fence has been erected by the Board, for the purpose of paying the interest upon the cost of the erection of such fence or any portion thereof and for the repair and maintenance of the same. Provided that this section shall in no way affect the powers conferred upon the Minister of deducting a sum as hereinafter mentioned from the rate or assess­ment paid to him under the provisions of this Part of this Act.

193. When a vermin-proof wire net fence has been erected by the vermin-proof Board between the Mallee Country and the Mallee Border a sum equal between S l e to Five pounds per centum per annum of the cost of erecting such jjXl'ijorder fence may in each year be deducted by the Minister from the rate or n. s. io. assessment paid to him in# respect of every vermin district through which such fence passes or'which it bounds in whole or in part, and such sum shall be paid to the Board as interest on such cost.

194. If any owner lessee or occupier of any land within any in default of , vermin district after receipt by him of a notice from the local com- cZfrnSmay mittee calling upon him to destroy all vermin upon the land occupied destroy vermin. by him fail to destroy such vermin within the space of thirty days Pastoral Leases

from the receipt of such notice or within such further time as the local Aetim"s-48-committee may appoint in such notice, the local committee or any person by them in that behalf authorized may enter upon his land and use such means as may seem expedient to take and destroy vermin.and remove the carcasses or any portion thereof, and for that purpose may stop up any burrows or holes, and after forty-eight hours' notice to the owners lessees and occupiers and adjoining owners lessees.and occupiers if any may burn or destroy any brushwood or fences on such land which may be found to harbour vermin. Provided that proper precaution be taken to protect the said owners lessees and occupiers from unnecessary damage or loss from any such burning or destruction.

1802 L A N D ACT 1890. [54 V I C T .

"The Malice 1 9 5 . Where the local committee of any vermin district believes tm" fni2Act t h a t there is vermin upon any land within i ts district, such committee Lessee or occu- may instruct any person appointed by i t to be its inspector to serve, or COTn°tryMraayebe where any such inspector believes t h a t there is vermin on any land nortVtaer*quirin ^ ^ h i n the district for which he has been appointed, he shall serve a Mm to destroy notice in writ ing in the form contained in the Fom'teenth Schedule FoTteenth hereto or to the like effect signed by such inspector requiring the lessee schedule. owner or occupier of such land to destroy all vermin upon such land;

and such notice shall be served upon such lessee owner or occupier by delivering the same to h im personally or to his agent or by leaving • the same a t his usual or last-known place of abode or by forwarding the same by post in a prepaid letter addressed to h im a t his usual or last-known place of abode.

Penalty for 1 9 6 . I f after fourteen days from the date of the service of the notieeeC.tm8: notice as aforesaid any lessee owner or occupier of any such land as ib. s. 13. aforesaid have in the opinion of the justices adjudicating failed or

neglected to take reasonable and diligent steps to promote the destruc­tion of vermin, he shall be liable on conviction before any two or more justices to a penalty not exceeding Five pounds in addition to the costs and expenses to which he may be liable under the next following section of this Act and for any subsequent neglect as aforesaid a like penalty.

Local committee 1 9 7 . The costs and expenses incurred by the local committee or eT/enses.ver by any authorized person under the provisions of section one hundred "TheMalice and ninety-four shall be paid by the owner lessee or occupier to the Acfim^iS l° c a , l committee; and if not so paid within fourteen days after a demand

has been made by the local committee under the hand of any member thereof, may be recovered in a summary manner on behalf of the local committee by any person authorized by them in t h a t behalf.

On negieet of 1 9 8 . I f any local committee neglect to carry out the provisions of Idjoinin^oc'ai6' this P a r t of this Act and to take proper measures to ensure the committee may destruction of vermin within its district, the respective local corn-put this Part m ., , n . T • • • ' T , • , r • i force. mittees of two or more adjoining vermia districts may require such zs.s.60. defaulting local committee to proceed within thir ty days after the

publication of a notice in the Government Gazette addressed to such local committee to take the proper measures under this P a r t of this Act to ensure the destruction of such vermin within i ts district. And if within three months after the publication of such notice such defaulting local committee do not proceed to carry out the requirements of such notice, then the local committees of such adjoining districts may present a petition to the Governor in Council sett ing out the facts and praying the Governor in Council to annex such defaulting district to the districts of the petitioners for the purposes of this P a r t of this Ac t ; and upon receipt of such petition the Governor in Council shall cause the substance and prayer thereof to be published in the Govern­ment Gazette, and he may on the expiry of th i r ty days after such publication by proclamation in the Government Gazette declare t h a t such defaulting districts shall be annexed to the districts of such petitioning local committees, and for the purposes of this P a r t of th is Act bu t not otherwise shall form par t thereof, whereupon the owners

No. 1106.] LAND ACT 1890. 1803

lessees and occupiers of land within such annexed district shall be "The Maiiee liable to assessment and to all other the provisions of this Part of this Jcusss/™888

Act as if such lands were contained in the districts to which the said district shall be so declared to be annexed.

199. Any person in that behalf authorized by a local committee Authorized may enter upon any land within the district of such local committee for K^^iand the purpose of ascertaining if any vermin are thereupon; and no such to search tor person shall be deemed a trespasser by reason of such entry or be liable /6. „. 51. for any damage thereby occasioned unless the same be occasioned by his wilful act or gross negligence. Provided that every such person upon being so required by the owner lessee or occupier of such land shall exhibit his authority, or on default he shall be liable to be dealt with as a trespasser.

200. The local committee of any district may require any person Local committee applying for scalp-money in respect of any vermin to make a declaration S S i ? before a justice of the peace that all the vermin in respect of which he n.«. 62. is applying for scalp-money have been destroyed within the district; and every person who in any such declaration wilfully makes a false statement shall be deemed to have committed perjury and shall be punishable accordingly.

201. If any person neglect to make any return or give any penalty for not information required by any local committee or by any person in that f„f0nfiation behalf authorized by the local committee of the vermin district for the u.«. 53. purposes of this Part of this Act, he shall on conviction be liable for every such offence to a penalty not exceeding Twenty pounds, to be recovered in a summary manner.

202. Every person who commits a breach of any of the provisions General penalty. of this Part of this Act or of any regulation made hereunder for which n- >•M-a penalty is not specially provided shall be liable on conviction for every such offence to a penalty not exceeding Ten pounds, to be recovered in a summary manner.

203. Any lessee of any mallee allotment and any assignee of any selections by such lessee may notwithstanding anything in Part I. of this Act con- m^e

out 0(

tained select at any time within three years after the passing of " The allotments. Mallee Act 1889," out of such allotment an area the total acreage of imZiia3.eeAct

which with any land previously selected by him under this Act or any Land Act shall not exceed three hundred and twenty acres, and any area so selected shall be subject to the same conditions as agricultural allotments are subject to under Division three of Part I. of this Act and all the provisions of Part I. of this Act relating to agricultural allotments shall apply to such area and the licensee or lessee thereof, and all the provisions of Part II. of this Act shall cease to apply to such area.

204. When the lessee of a mallee allotment shall have become the power to see of a t fit res

such lessee.

licensee of an agricultural allotment the Governor in Council may if he 'esume' think fit resume the area in excess of one thousand acres demised to

1804 L A N D ACT 1890. [54 V I C T .

DIVISION 6.—MISCELLANEOUS.

" The Maiiee 205. The Governor in Council shall in the manner prescribed in Acfim^talf. section one hundred and forty-two of this Act have power from time Power to make to time to make al ter or rescind and publ ish any rules regulations regulations &c. a n ( j o r ( j e r s for ^ne undermentioned purposes ( t h a t is to s a y ) : —

(1) Prescribing the fee payable on and the conditions and mode of applying for leases under this Part:

(2) Prescribing the mode of registering transfers and the noti­fying or forwarding thereof to the Office of Titles:

(3) Prescribing the conditions and mode of applying for and the amount of rent to be reserved by leases of mallee allotments under this Part:

(4) Generally for carrying out all matters and things arising under and consistent with this Part:

(5) To regulate the election of members of local committees under this Part:

(6) To regulate the place time and mode of meetings of such local committees, the appointment of their officers, and conduct of their proceedings:

(7) To determine the duties and manner of exercising the powers by this Part respectively imposed and conferred upon such local committees:

(8) To provide for the receipt of the moneys payable under this Part for the purpose of the destruction of vermin, and the mode of distribution or expenditure thereof:

(9) To regulate the enforcement of rates payable under this Part for the destruction of vermin by distress or otherwise and to determine the persons by whom and the manner in which such enforcement shall be carried out:

(10) To regulate the performance by the Minister of the duties of local committees within proclaimed districts:

(11) Generally for carrying out the provisions of this Part with regard to the destruction of vermin.

Penalties not exceeding Ten pounds may be in such regulations assigned to any breach thereof, and all such penalties may be recovered in a summary manner before any two justices.

Municipal 2 0 6 . Any municipal council whose distr ict is si tuate wholly or erect vermin- pa r t ly wi th in the Mallee Country or the Mallee Border m a y wi th t h e gates onroad"11 sanction of the Governor in Oouncil erect vermin-proof fences wi th ga tes -The Maiiee therein across any road or t rack . Amending Act 1885 " 8. 14.

Penalty for 2 0 7 . I f any person wilfully damages or destroys any such ga te destroynfg°r erected across a road or t rack as aforesaid or breaks or injures any gltef ounces vermin-proof fence or portion thereof, he shall on conviction thereof or for leaving before any two justices be liable to be imprisoned for any period not g tesopen. exceeding six months or to forfeit and pay any sum not exceeding

No. 1106.] LAND ACT 1890. 1805

Fifty pounds. If any person after passing through any gate wilfully "Thetraiiee neglects to close and fasten the same, he shall on conviction thereof f^?dm3 Act

before any two justices be liable to be imprisoned for any period not exceeding seven days or to forfeit and pay any sum not exceeding Five pounds.

208. Any fence of any of the kinds hereinafter mentioned shall be Vermin-proof

a " vermin-proof fence " within the meaning of this Part and a suf- f 0fflclent

ficient fence within the meaning of the Fences Act 1890 for the -purposes n>. «..2. of this Part:—

(1) A substantial slab fence of pieces of timber which pieces shall not be less than four inches by three inches at the small end and shall be at least four feet nine inches in length and shall be placed close together and not less

• than nine inches in the ground: (2) A wire.net fence four feet ten inches in height. Such fence

shall consist of wire netting the lower portion of which shall be not less than three feet in width and of a mesh not exceeding one inch and five-eighths and shall be six inches in the ground or shall have six inches thereof properly secured to the surface of the ground and shall be two feet six inches above the ground, and above such wire netting shall be placed other wire netting not less than two feet in width and of a mesh not exceeding four inches. The whole of such wire netting shall be attached by wire or staples to substantial posts stakes or iron standards. Such posts stakes or iron standards shall be at least six feet nine inches in height, and shall be placed one foot ten inches in the ground, and shall not be more than ten feet asunder. Four inches above the netting there shall be a barbed wire stapled to each post stake or standard and drawn through straining posts eight feet in length of which three feet shall be in the ground; such straining posts shall be not more than five chains as under:

(3) A wire net fence three feet four inches in height made of wire netting which shall not be less than three feet six inches in width and of a mesh not exceeding one inch and five-eighths and which shall be six inches in the ground or shall have six inches thereof properly secured to the surface of the ground. Such wire netting shall be attached by wire or staples to substantial posts' stakes or iron standards with a barbed wire extending from one post stake or standard to another and placed four inches above the netting.

209. The Governor in Council may from time to time by Order m Power to define

Council proclaim any fence described in such order to be a vermin-proof by'ordeJin"06

fence within the meaning of this Part of this Act and a sufficient fence council. within the meaning of the Fences Act 1890 for the purposes of this Part lb' *'3' of this Act, and he may also by any such Order in Council proclaim any fence described in any such order to be a sufficient fence within the

1806 L A N D ACT 1890. [54 V I C T .

••TheNotice meaning of said Act throughout Victoria or within any portion ^cmiingAct thereof specified in such order, and he may a t any t ime revoke any

such order.

P A E T I I I . — R E S U M P T I O N OF L A N D FOB P U B L I C P U E P O S E S .

Resumption of 210. Whenever it is made to appear to any Eesponsible Minister purposes.publ'° of the Crown that it is necessary or desirable that any lands should be Act No. 033 e. 2. resumed' by the Crown for any of the following purposes (that is to

say):— The erection thereon of any buildings or works to be used for

public purposes; The giving of more convenient access to any public buildings or

works; The protection of any such buildings or works from danger of

destruction by fire; The removal of any business which by reason of its nature and

the close proximity of the place at which it is carried on to public buildings or works interferes with the due and efficient transaction or discharge therein of public business;

The execution of any public works; he may under his hand certify the same to the Governor in Council specifying the lands proposed to be resumed and the purposes for which they are required.

When any such certificate has been approved by the Governor in Council, and has lain on the table of the Legislative Council and of the Legislative Assembly for a period of thirty days, it shall be lawful for the Board of Land and works its successors deputies agents and work­men and all other persons by them authorized to enter into and upon such lands and to take possession and appropriate the same for the purposes mentioned in such certificate in manner provided for the resumption of land by the Lands Compensation Act 1890 and subject to all the conditions imposed by the said Act.

Board of Land 2 1 1 . Frdl satisfaction shall be made by the said board (out of any maie atwfac'tion m ° n e y s to be provided by Par l i ament for the purpose) in manner pro-for lands taken, yided by the Lands Compensation Act 1890 to all persons interested in n. e. 3. a n v gygjj i a n ( j s s 0 taken. I n the construction of the said Act for the

purposes of th is P a r t of this Act the expression " Special A c t " shall mean this P a r t , and the expressions " the works or under t ak ing" and " the execution of the works" shall mean the t ak ing by the Board of Land and Works of any lands taken under the authori ty of this P a r t .

Lands so 212. All lands taken under the authority of this Part of this Act abi" w?thoufen' by the said board for the purposes of the Education Act 1890 shall be authorit from c o n v e v e ( i o r transferred to the Eesponsible Minister of the Crown and Parliament, his successors for the t ime being administering such Ac t ; and all lands ib. s. i. taken under the authori ty of this P a r t for any other purpose by the

said board shall be conveyed or transferred to Her Majesty the Queen Her heirs and successors, and shall not be alienated in fee simple by H e r or Her successors without the express authori ty of an Ac t of Pa r l i a ­ment passed in t h a t behalf.

No. 1106.] LAND ACT 1890. 1807

SCHEDULES.

FIRST SCHEDULE. Section 2.

Date of Act. Title of Act. Extent of Kepeal.

40 Vict. No. 563...

47 Vict. No. 766...

48 Vict. No. 795...

48 Vict. No. 812...

49 Vict. No. 875...

50 Vict. No. 905... 50 Vict. No. 913... 51 Vict. No. 933... 53 Vict. No. 1040 53 Vict. No. 1045

" The Slate Forests Act 1876" " The Mallee Pastoral Leases Act 1883"

"An Act to amend ' The Mallee Pastoral '•'Leases Act 1883 '"

"The Land Act 1884"

" The Mallee Amending Act 1885 "

" The Pounds Act 1886" " The Mallee {Survey Fees) Act 1886 " . . . " The Resumption of Land for Public

" Purposes Act 1887 " " The Mallee Act 1889" "The Land Act 1889"

The whole. So much as is not al­

ready repealed. The whole.

So much as is not al­ready repealed.

So much as is not al­ready repealed.

Section 4. The whole. The whole.

The whole. The whole.

\ SECOND SCHEDULE. Sections 6,30,31,

The area of land comprised within each of the following classes, viz.:—Pastoral gfi'88* 90'102 8° ' land, agricultural and grazing lands, auriferous lands, lands which may be sold by ' ' ' auction (not including portions of Crown lands which have been or may be hereafter proclaimed townships, or agricultural allotments forfeited and directed to be sold under Division three of Part I. of this Act), Swamp lands, State forest reserves, timber reserves, water reserves, and all other reserves, are delineated by projections bearing a distinguish­ing colour or shading on maps of the following counties:—Anglesey, Benambra, Bendigo, Bogong, Borung, Bourke, Buln Buln, Croajingolong, Dalhouise, Dargo, Delatite, Dundas, Evelyn, Follett, Gladstone, Grant, Grenville, Gunbower, Hampden, Heytesbury, Kara Kara, Karkarooc, Lowan, Millewa, Moira, Mornington, Normanby, Polwarth, Ripon, Rodney, Talbot, Tambo, Tanjil, Tatchera, Villiers, Wonnangatta—which maps are in Par t i , of this Act referred to as "the deposited maps," and have been sealed with the seal of the Board of Land and Works and deposited with the Clerk of the Parliaments.

THIRD SCHEDULE. ' Sections 46 & 47. 1. FORM or VALUATION AT THE END or THE SIXTH YEAR.

We A.B. of &c. and C D . of &c. and E.F. of &c. have valued the improvements of a substantial and permanent nature made by [the licensee his executors or' administrators] on agricultural allotment in the district of at the sum of and we hereby certify that the improvements aforesaid are of the value of for every acre and fractional part of an acre of the said agricultural allotment.

In witness whereof we have hereunto set our hands the day of A.B. C D . E.F.

FOURTH SCHEDULE. Section 53. List of Occupants of Crown lands who have not paid rents reserved upon leases or

licence fees during the six months ending on the last day of 18

Occupants alphabetically. Amount of Rent or Licence Fee. When Due. Date of Lease or

Surname. Christian Name.

Amount of Rent or Licence Fee. When Due.

Licence.

VOL. III. N

1808 LAND ACT 1890. [54 VICT.

Section 125. FIFTH SCHEDULE.

FORM OF INFORMATION AGAINST UNAUTHORIZED OCCUPATION OF CROWN LANDS.

Victoria, \ The information of A.B., to loil. J

on behalf of and authorized by tho Board of Land and Works, taken this day of in tho year of our Lord 18 , before the undersigned, one of Her Majesty's Justices of tho Peace, who saith that CD. of is in unauthorized occupation of certain Crown lands situate at which were held by him under a licence bearing date the day of 18 , which said licence has expired [or become void or forfeited] or [been revoked] under the pro­visions of Part I. of the Land Act 1890, and possession of which Crown lands he refuses or neglects to deliver up.

Sworn before me the day and year first above mentioned at • A.B,

J. P.

Section 126. SIXTH SCHEDULE.

FORM OF SUMMONS TO DISPOSSESS UNAUTHORIZED OCCUPANT. Victoria, )

to wit. J To of in Victoria. You are hereby summoned to appear before any two Justices, at the Court of Petty

Sessions to be holden at on the day of , at o'clock in the forenoon, then and there to answer to an information authorized by the Board of Land and Works, for that you are in the unauthorized and illegal occupation of certain Crown lands, to wit— possession of which you neglect or rofuse to deliver up.

Given under hand and seal this day of in the year of our Lord One thousand eight hundred and

J .P . (L.S.)

NOTE. —In case you fail to attend this summons, upon proof of reasonable notice to you of the same, the complaint will be in your absence, and such order made as to the Justices present shall seem fit.

Section 125. SEVENTH SCHEDULE.

FORM OF WARRANT TO DISPOSSESS UNAUTHORIZED OCCUPANT. Victoria, |

to wit. ) To

and all constables and peace officers. Whereas it has on the day of been made to appear to me [or to us] [or- to two Justices one of whom shall be a Police Magistrate] and I [or we] [or they] have adjudged that the said A.B. is in the unauthorized and illegal occupation of certain Crown lands [here state description of lands].

These are therefore to require you, that without delay you cause the said Board of Land and Works to have possession of the said premises with the appurtenances, and to eject the said A.B. and all other persons therefrom, and for which this shall be a suffi­cient warrant.

Given under my [or our] hand and seal [by a Justice or two Justices], this day of

Section 131. EIGHTH SCHEDULE.

Anglesey Buln Buln Follett Hampden Mornrngton Talbot Bendigo Dalhousie Gladstone Heytesbury Normanby Tanjil Bogong Delatite Grant Kara Kara Polwarth Tatchera Boning Dundas Grenville Lowan Ripon Villiers. IJourke Evelyn Gunbower Moira Bodney

No. 1106.] LAND ACT 1890. 1809

NINTH SCHEDULE.

Commencing at a point on the Murray River six chains north from the south-east angle of the Tyntynder pre-emptive section and bounded on the east and north by the River Murray to the point where the Chalka Creek runs out of the river, by that creek westward and northward till it re-enters the river; thence again by the river to the point where the Walpolla Creek leaves the river, by that creek westward till it rejoins the river; thence again by the River Murray to the point where the Lindsay River leaves the same, by the Lindsay River till it re-enters the Murray, and by the River Murray to the point where the boundary line between Victoria and South Australia intersects the same; on the west by the said boundary line southward to a point twelve miles south of the parallel of 36° of south latitude; thence on the south by a line due east to the south­west angle of the parish of Peechember; thence by the western boundary of that parish and of the parish of Dahwedarre and a production of the same northward to the said parallel; thence by that parallel eastward till it intersects the west boundary of the parish of Wamur; thence by the west and north boundary of that parish and the west boundary of the parishes of Wirmbirchip, Towma, and Marlbed northward to the north­west angle of the last-mentioned parish; thence east by the north boundaries of the parishes of Marlbed, Jil Jil , Nullawil, and Kalpienung, to the parish of Tittibong; thence by the west boundary of that parish and of the parish of Lalbert to the north­west angle of the same; thence by the north boundary of that parish, the west and north boundary of the parish of Mumbel to the south-west angle of the parish of Castle Donnington; thence by the western boundary of that parish to the north-west angle thereof; thence by a line to the south-west aDgle of the Tyntynder pre-emptive section and by the south boundary of that section to the south-east angle thereof; and thence by a line north to the point of commencement, and excepting therefrom two blocks of twenty-five square miles each at the junctions of the Murrumbidgee and Darling Rivers respectively; excepting therefrom that portion of country lying between the Murray River and a line which commences at a point on the river three miles sixty chains in a direct line upwards from the junction of the Benanee Creek with the river and terminates at a point on the river nine miles forty chains in a direct line downwards from the said junction.

, Sections 145, 165, 158,183.

TENTH SCHEDULE.

The lands not alienated from the Crown and situated in the North-Western district of Victoria wholly or partially covered with the mallee plant and not specifically included within the boundaries set forth in the Ninth Schedule except such portions thereof as may be specially exempted by the Governor in Council.

Sections 155,156 158,183.

ELEVENTH SCHEDULE.

SHEEP AND CATTLE RETURN.

Section 172.

A Return of all Sheep and Cattle Depasturing on the part or parts of Mallee Block No. , held under lease or occupied by under the provisions of Part II. of the Land Act 1890.

Number of Sheep and Cattle actually depasturing on 1st February, 18 .

Number of Sheep and Cattle actually depasturing on 1st April, 18 .

Number of Sheep and Cattle actually depasturing on 1st June, 18

Average Number of Sheep and Cattle depasturing between 1st January, 18 , and 1st July, 18

Amount of Rent due for the six months ending 31st December,

18 .

Sheep. Cattle. Sheep. Cattle. Sheep. Cattle. Sheep. Cattle.

Amount of Rent due for the six months ending 31st December,

18 .

£ s. d.

N 2

6

1810 LAND ACT 1890. [54 VICT.

ELEVENTH SCHEDULE—continued.

A Return of all Sheep and Cattle Depasturing on the part or parts of Mallee Block No. , held under lease or occupied by under the provisions of Part II. of the Land Act 1890.

Number of Sheop and Cattle actually depasturing on 1st August, 18 .

Number of Sheep and Cattle actually depasturing on 1st October, 18 .

Number of Sheep and Cattle actually depasturing on 1st December, 18 .

Average number of Sheep and Cattle depasturing between 1st July, 18 , and 1st January, 18 .

Amount of Rent due for

the six months ending 31st

Sheep. Cattle. Sheep. Cattle. Sheep. Cattle. Sheep. Cattle.

£ B. d.

Number of Sheep shorn at last shear­ing, or removed for

the purpose of being shorn.

I, A.B. of , in the colony of Victoria, the lessee [or occupier or overseer or manager for the lessee or occupier as the case may be] of the Crown lands being part of Mallee Block No. do hereby certify and declare that the above return is a true and correct return in all particulars of the total number of sheep and cattle whether belonging to me [if return made by overseer say whether belonging to the said ] or to any other person or persons, actually upon or depasturing on such lands on the days above specified [if the declaration is made in reference to the December return add here and also of the number of sheep actually shorn at the shearing last past at all the stations on such land]; and I further declare that I have not nor has any person or persons to the best of my knowledge and belief driven off or caused to be removed from such lands any sheep or cattle with intent thereby to diminish the number of sheep or cattle which should have been included in this statement and return; and I further declare that such lands above referred to are contiguous.

Signed this day of 18 by me Witness A.B.

N.B.- This return is to be filled up by or on behalf of the lessee or occupier on the twenty-first day of June and twenty-first day of December in each and every year, and in it there must be stated the number of all sheep and cattle (whether belonging to the lessee or occupier or not) which at the hour of noon on the first day of February, on the first day of April, and on the first day of June, or at the hour of noon on the first day of July, on the first day of September, and on the first day of December (as the case may be) then last post, were with the consent of the lessee or occupier actually upon or depasturing on the Crown lands being part of Mallee Block No. and in respect of which this return is made; and in each naif-year the dates hereinbefore mentioned shall for the half-year in which the same occur be the dates from which the average number of sheep and cattle actually on or depasturing on such lands shall be calculated. It must also be stated in this return whether any sheep have been shorn on such lands or removed therefrom for the purpose of being shorn during the half-year in respect of which the return is mode, and also of the total number of sheep so shorn or so removed. If in any half-year there have been no Bheep or cattle upon or depasturing on any lands leased or occupied under Part II. of the Land Act 1890 upon any of the before-mentioned dates, or no sheep shorn or removed for the purpose of being shorn, then a statement to that effect shall be made on this return form.

section 173. TWELFTH SCHEDULE. TRAVELLING STOCK RETURN.

A Return of all Sheep and Cattle the property of [name of lessee or occupier] which within the six months next preceding the first day of 18 have been travelling over any Crown lands except such lands as are held under lease or occupied by the said [name of lessee or occupier] under the provisions of Part II. of the Land Act 1890.

Number of

Sheep and

Cattle.

Name of Person in

Charge

Marks or

Brands.

If travelling, from

whence. If travelling, destination.

Where supposed to be on the first day of—

Number of

Sheep and

Cattle.

Name of Person in

Charge

Marks or

Brands.

If travelling, from

whence. If travelling, destination.

Feb. April. June. Number

of Sheep

and Cattle.

Name of Person in

Charge

Marks or

Brands.

If travelling, from

whence. If travelling, destination.

August. October Deoemb.

Number of

Sheep and

Cattle.

Name of Person in

Charge

Marks or

Brands.

If travelling, from

whence. If travelling, destination.

as the case may be.

Sheep . . .

Cat t le . . . •

No. 1106.] LAND ACT 1890. 1811

TWELFTH SCHEDULE—continued.

I , , , in Victoria, the lessee [or occupier, or overseer or manager for the lessee or occupier as the case may be] of the Crown lands being part of Mallee Block No. in lease No. , do hereby certify and declare that to the best of my knowledge and belief the above is a true and correct return in all particulars of all sheep and cattle, being my property [if return made by overseer say being the property of the said ], which within six months next preceding the first day of 18 , have been travelling over any of the Crown lands whether under lease or not, except such lands as are held under lease or occupied under the provisions of Part II . of the Land Act 1890, by me [if return made by overseer say held by the said ].'

Signed this day of 18 , by me, Witness— A.B.

THIRTEENTH SCHEDULE. Section 187.

SCALE OF VOTES AT THE ELECTION OF MEMBERS OF LOCAL COMMITTEES.

Every owner and every lessee and occupier of a part of a mallee block within the district shall have—

For every 1,000 sheep or 250 head of cattle within the district ... 1 vote For every 10,000 sheep or 2,500 head of cattle within the district 2 votes For every 30,000 sheep or 7,500 head of cattle within the district 3 votes For every 60,000 sheep or 15,000 head of cattle within the district 4 votes

Every lessee of a mallee allotment within the district paying a rent shall have 1 vote.

FOURTEENTH SCHEDULE.' Section 195.

NOTICE TO DESTROY VERMIN.

Take notice that the local committee [or inspector of the local committee] of the vermin district require [or requires] you to destroy the vermin

especially the [specify particular kind of vermin] upon Mallee allotment No. [or Mallee Block No. (A or B)] county of leased or occupied by you.

Inspector of the local committee. Dated this day of 18 .