South Australian Consolidated Acts South Australian Consolidated ActsAGREEMENT made the
day of
, one thousand nine hundred and forty-five, BETWEEN THE COMMONWEALTH OF
AUSTRALIA (in this agreement called "the Commonwealth") of the first part and
THE STATE OF
(in this agreement called "the State") of the second part.
WHEREAS at a conference of Commonwealth and State Ministers at Canberra on the
twenty-second day of August, one thousand nine hundred and forty-five, certain
proposals were agreed to with a view to the settlement on land in the State of
discharged members of the Forces and other eligible persons:
AND WHEREAS it is expedient that an agreement be made between the Commonwealth
and the State in order to carry into effect the said proposals:
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall have no force or effect
and shall not be binding on either party unless and until it is approved by
the Parliament of the State.
(1) In this
agreement—
" applicant " means a person applying to participate under the scheme;
" Crown land " means Crown land as defined in the land laws of the State;
" eligible person " means—
(a) a discharged
member of the Forces, who has been honourably discharged after not less than
six months' war service, or having, in the opinion of the appropriate State
authority, been materially prejudiced by reason of his war service, has been
honourably discharged after less than six months' war service; or
(b) a person included
in a class of persons (if any) which the Commonwealth with the concurrence of
the State determines shall be deemed eligible to participate in land
settlement under the scheme;
" holding " means the land allotted to a settler under the scheme;
" member of the Forces " has the same meaning as in section 4 of the
Re-establishment and Employment Act 1945 of the Commonwealth;
" private land " means all land other than Crown land;
" settler " means a person who has been allotted a holding under the scheme;
" the scheme " means the scheme of land settlement contained in this
agreement;
" the war " means the war which commenced on the third day of September, one
thousand nine hundred and thirty-nine, and includes any other war in which His
Majesty became engaged after that date and before the date of this agreement;
" war service " has the same meaning as in paragraphs (a) , (b) , (c) , (d) ,
and (e) , of the definition of " war service " in section 4 of the
Re-establishment and Employment Act 1945 of the Commonwealth.
(2) For the purposes
of this agreement, a member of the Forces who has ceased to be engaged on war
service shall be deemed to have been discharged.
3. Land settlement under the scheme shall be
carried out in accordance with the following principles:
(a) Settlement shall
be undertaken only where economic prospects for the production concerned are
reasonably sound, and the number of eligible persons to be settled shall be
determined primarily by opportunities for settlement and not by the number of
applicants.
(b) Applicants shall
not be selected as settlers unless a competent authority is satisfied as to
their eligibility, suitability and qualifications for settlement under the
scheme and their experience of farm work.
(c) Holdings shall be
sufficient in size to enable settlers to operate efficiently and to earn a
reasonable labour income.
(d) An eligible person
deemed suitable for settlement shall not be precluded from settlement by
reason only of lack of capital, but a settler will be expected to invest in
the holding such proportion of his own financial or other resources as is
considered reasonable in the circumstances by the appropriate State authority.
(e) Adequate guidance
and technical advice shall be made available to settlers through agricultural
extension services.
(1) The State shall
administer the scheme on behalf of the Commonwealth.
(2) The Commonwealth
shall, in the manner hereinafter provided, make the major financial
contribution and be responsible (after fullest consultation with the State)
for policy decisions in relation to the scheme and exercise general
supervision over its administration.
(3) The State shall
initiate proposals for settlement under the scheme, but the Commonwealth may
initiate proposals where these are directly associated with any matter in
respect of which the Commonwealth has power to make laws.
5. The Commonwealth shall provide capital moneys
required for the purpose of acquiring, developing and improving land for
settlement under and in accordance with the terms of this agreement.
(1) The Commonwealth
shall bear the cost of Commonwealth administration of the scheme.
(2) The Commonwealth
shall provide training and pay to applicants selected for training, living
allowances and certain transport and other expenses incidental to their
training.
(3) The Commonwealth
shall provide living allowances for settlers during the assistance period
referred to in clause 13 of this agreement and meet the cost involved in the
remission of rent and interest provided for in that clause.
(4) The Commonwealth
shall make a capital contribution in respect of each holding of an amount
equal to three-fifths of the excess of the total cost involved in acquiring,
developing and improving the holding over the sum of valuations of the land
and improvements.
(5) The amount of
capital contribution to be determined in accordance with the last preceding
subclause shall, if required by a State, be separately and independently
assessed in respect of land and improvements.
(6) The valuations
referred to in subclause (4) of this clause shall be made by officers
appointed by the Commonwealth and State in consultation for the purpose.
(7) In making the
valuations, the officers shall have regard to the need for the proceeds of the
holding (based on conservative estimates over a long-term period of prices and
yields for products) being sufficient to provide a reasonable living for the
settler after meeting such financial commitments as would be incurred by a
settler possessing no capital.
(8) Where settlement
is on Crown land, an amount to be agreed upon between the Commonwealth and the
State shall be included in the total cost referred to in subclause (4) of this
clause to cover the State's interest in the land.
(9) The Commonwealth
shall bear any losses arising out of arrangements made in accordance with
clause 15 of this agreement.
(10) Subject to clause
7 of this agreement, the Commonwealth shall be responsible for all other costs
arising directly from settlement under the scheme.
(1) The State shall,
subject to subclause (3) of clause 16 of this agreement, bear the cost of
State administration of the scheme.
(2) The State shall
make a capital contribution in respect of each holding of an amount equal to
two-fifths of the excess referred to in subclause (4) of clause 6 of this
agreement.
8. Any excess of the total costs involved in
acquiring, developing, and improving the holding over the valuations made in
accordance with the provisions of clause 6 of this agreement shall be written
off and such valuations shall, unless otherwise agreed by the Commonwealth and
the State, be accepted for the purpose of applying the terms and conditions
relating to tenure of land made available for settlement under this agreement.
9. All financial matters relating and incidental
to the carrying out of the scheme shall be arranged in a manner satisfactory
to the Treasurer of the Commonwealth and Treasurer of the State.
10. The following procedure shall be observed in
connection with the approval of proposals for settlement under the scheme
brought forward by the State:
(a) After the State
has selected such land as appears suitable for settlement, it shall
immediately take all practicable and necessary measures to prevent the land or
any part thereof being dealt with otherwise than as is provided in this
agreement.
(b) The State shall
submit to the Commonwealth certain information to be agreed upon by the
Commonwealth and the State and shall confer with the Commonwealth to determine
whether a detailed survey of the land is required, and, if both the
Commonwealth and the State agree that a detailed survey is required, this will
be undertaken by the State with the assistance where necessary of relevant
Commonwealth authorities: Provided that if, before the fifth day of October,
one thousand nine hundred and forty-four, the State had selected land for
settlement and completed or substantially completed all surveys thereof
considered necessary by the Commonwealth, the State may immediately submit the
proposals in the manner provided in the next succeeding paragraph, and no
further survey of the land shall be required.
(c) The State shall
submit to the Commonwealth details of proposals for settlement including plans
and such particulars relating to the proposed subdivision, development and use
of the land as the State and the Commonwealth agree upon.
(d) The Commonwealth
and the State shall confer on each proposal and decide whether it should be
accepted, either with or without alteration or modification, as an approved
plan of settlement.
(1) The State shall
set apart Crown land or with funds provided by the Commonwealth resume for
settlement Crown land and acquire compulsorily or by agreement private land
comprised in an approved plan of settlement at a value to be approved by the
Commonwealth, and will hold the same for use for the purposes of the scheme.
(2) Where Crown land
is set apart or resumed for the purpose of settlement, the State shall be
credited with such amount as the Commonwealth and the State agree represents
the interest of the State in the land.
(3) Where Crown
leasehold is resumed or acquired either compulsorily or by private agreement
the State shall be credited with such amount as the Commonwealth and the State
agree represents the interest of the State in the land.
(4) The State shall
sub-divide, develop and improve the land to a stage where it can be brought
into production by a settler within a reasonable time having regard to the
type of production proposed.
12. The following principles shall be adhered to
in training, selecting and settling applicants under the scheme:
(a) An eligible person
may apply to participate under the scheme not more than five years
after—
(i)
the fifteenth day of August, one thousand nine hundred
and forty-five; or
(ii)
the date when he ceased to be engaged on war service,
whichever is the later.
(b) An applicant for
settlement shall apply to the appropriate State authority, which shall, on
behalf of the Commonwealth—
(i)
determine whether an applicant is an eligible person; and
(ii)
classify eligible persons as suitable (either immediately
or after training or further experience) or as unsuitable for settlement.
(c) Where training or
further experience is considered desirable by the State authority, it shall be
provided mainly by employment with farmers approved by the State authority.
(1) There may be
granted to a settler during the period of one year next following the
allotment of a holding to him (hereinafter referred to as "the assistance
period") a living allowance at such rate and subject to such conditions as may
be fixed by the Commonwealth.
(2) During the
assistance period the settler shall not be required to pay any rent or
interest in respect of the holding or to make any payments on account of
principal or interest in respect of advances (other than advances for working
capital) made under clause 15 of this agreement.
(3) In special
circumstances and upon conditions approved by the Commonwealth, further
assistance may in any particular case be extended beyond the said period of
one year.
(1) The net proceeds
of the holding during the assistance period shall be paid to an authority
prescribed by the Commonwealth (after consultation with the State) and
credited by that authority against future obligations of the settler in
respect of advances for stock, plant and equipment, and improvements, and in
respect of rent in a proportion to be determined by the authority.
(2) The authority may,
in any particular case, waive the requirements of the last preceding subclause
if, in its opinion, the circumstances of the case are such that it is
desirable to do so.
(3) Wherever
practicable the whole of a settler's finances relating to his settlement under
the scheme, including the collection of rent in respect of the holding, shall
be controlled by one authority.
(1) The Commonwealth
in consultation with the State will arrange with an authority in that State to
make advances to settlers, upon such conditions as may be agreed upon between
the Commonwealth and the State, for the purpose of providing working capital
and paying for and effecting improvements and acquiring stock, plant and
equipment.
(2) The arrangements
referred to in the last preceding subclause may include the giving of
guarantees to the authority by the Commonwealth.
(1) Holdings will be
allotted by the State on perpetual leasehold tenure. The general terms and
conditions of the lease shall be approved by the Commonwealth.
(2) The rent payable
under the lease shall be recommended to the Commonwealth by the officers
appointed to make the valuations referred to in subclause (4) of clause 6 of
this agreement.
(3) The rent payable
under the lease may include an amount calculated at a rate to be agreed upon
between the Commonwealth and the State in respect of the cost of State
administration of the scheme arising after the allotment of the holding to the
settler. This amount shall be retained by the State and the balance of the
rent shall be credited by the State to the Commonwealth.
(4) The lease may
provide for concession rentals in accordance with the state of development of
the holding.
(5) Structural
improvements on the holding may be leased or acquired by the settler in
accordance with the practice of the State.
(6) In the event of
the lease being surrendered or terminated in pursuance of the conditions of
the lease, the Commonwealth shall pay to the settler compensation for any
improvements effected by him which are essential for the working of the
property after allowing for any amounts owing to the Crown or the credit
authority.
(7) The lease will not
be transferable by the settler except with the consent of the Commonwealth and
the State and on such conditions as the Commonwealth and the State agree upon.
17. Wherever it appears that land held by the
State for the purpose of this agreement is no longer required for this
purpose, it may be disposed of or dealt with in such manner as the
Commonwealth and the State may agree upon.
18. In the State there may be established an
authority to investigate and determine such matters arising between a settler
and the State as the Commonwealth and the State agree may be referred to it
for determination. The form and constitution of this authority shall be agreed
upon by the Commonwealth and the State.