South Australian Consolidated Acts

IRRIGATION (LAND TENURE) ACT 1930 - SECT 31

31—Improvements by lessees

        (1)         The lessee of any town allotment or allotments under any lease granted before the passing of the Irrigation Act Amendment Act 1945 shall, within a period of eighteen months from the date of the lease, or within such longer period as is allowed by the Minister in writing, carry out, in respect of each allotment, permanent improvements on any part of the land comprised in the lease not less in value than an amount which is ten times the annual rent payable in respect of such allotment: Provided that—

            (a)         if any of such allotments has been set apart by the Minister for residential purposes, the value of the improvements carried out in respect of such allotment shall be not less than three hundred dollars, or if any of such allotments has been set apart by the Minister for any other purpose or purposes, the value of the improvements carried out in respect of such allotment shall be not less than four hundred dollars; and

            (b)         if the land comprised in the lease comprises not less than three adjoining town allotments, all of which have been set apart by the Minister for any purpose or purposes other than residential purposes, such improvements shall be carried out on not less than two of the said allotments; and

            (c)         any permanent improvements on the land paid for by the lessee shall, for the purposes of this section, be deemed to have been carried out by the lessee.

        (1a)         If, after the passing of the Irrigation Act Amendment Act 1945 , any town allotment is offered for sale or offered for allotment under this Division, the allotment shall be so offered upon condition that, within eighteen months from the date of the lease granted in respect thereof, or within such longer period as is allowed by the Minister in writing, the lessee shall carry out, in respect of the allotment, permanent improvements of not less than the value fixed by the Minister prior to the allotment being so offered.

        (2)         If, at any time, the Minister is of opinion that the value of the permanent improvements to be carried out on any allotment should be reduced below the value fixed pursuant to subsection (1) or (1a) hereof, the Minister may fix the value of the permanent improvements to be carried out on the allotment at such lesser amount as he thinks fit. The Minister may fix any such amount subject to such terms and conditions as he thinks fit. If the lessee carries out on any part of the said allotment permanent improvements equal to the value of the amount so fixed by the Minister, and complies with the said terms and conditions (if any), the provisions of subsection (1) hereof or, as the case may be, subsection (1a) hereof shall be deemed to be complied with in respect of the said allotment.

        (3)         If any portion of the land comprised in a lease is transferred, the provisions of this section shall be complied with by the lessee of every portion of such land, notwithstanding that prior to such transfer this section may have been complied with in respect of the land taken as a whole.

        (4)         The lessee of any town allotment shall not at any time erect any building, shed, or other permanent improvement on any portion of the land comprised in his lease without first obtaining the approval, in writing, of the Minister.