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CROWN LANDS ACT 1929

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 4 Interpretation
  • 4A Adjacent lands
  • 4B Transitional provisions
  • 4C Grant etc of Crown lands by Governor without advice and consent of Executive Council

PART 2--Powers of the Governor and the Minister to deal with Crown lands and dedicated lands

  • 5AA Power of the Governor to grant Crown lands and to resume certain dedicated lands
  • 5AB Payment of premium where lands are freed from restrictions or trusts
  • 5 Minister's powers to deal with Crown lands
  • 5A Effect of extinguishment of easement rights
  • 6 Form of grants, leases etc
  • 6A Form of grants
  • 6B Effect of conveyance of Crown land to the Commonwealth

PART 3--Further powers of the Minister

  • 9 Further powers of the Minister
  • 9A Delegation by Minister and Director

PART 4--The Land Board

Division 1--Constitution

  • 10 Continuance of the Land Board
  • 11 Constitution of the board
  • 12 Appointment of members
  • 13 Term of office
  • 14 Appointment of chairman and deputy chairman by Minister
  • 15 Quorum
  • 16 Meetings of board
  • 17 Member of board not to be interested in application

Division 2--Powers of board in addition to all other powers

  • 18 General powers of the board
  • 18A Power of delegation for board
  • 19 Access to land etc
  • 19A Access to documents in possession of public authorities
  • 20 Valuation made by chairman or member to be effectual when confirmed by the board
  • 21 Powers of board to require evidence to be on oath
  • 21A Valuation for Minister etc

PART 5--Perpetual leases and agreements

Division 1--The offering of Crown lands

  • 22 Offering of Crown lands on perpetual leases, or agreements
  • 22A Allotment of marginal lands
  • 22B Allotment of land less than living area

Division 2--Classification of lands, and applications

  • 23 Notice of land being opened
  • 24 Applications
  • 26 Reference of all applications to the board
  • 27 Simultaneous applications
  • 30 Power of Minister to offer lands not taken up on reduced terms
  • 32 Power of corporations and district councils to apply

Division 3--Perpetual leases

  • 33 Rent under perpetual leases
  • 35 Form of perpetual leases
  • 37 Liability to land tax of perpetual leases not subject to re-valuation
  • 38 Fixing of subsequent rent
  • 39 Improvements not to be considered on revaluation
  • 40 Notice of revaluation to be given
  • 41 Lessee not accepting revaluation to forfeit at expiry of then current fourteen years of his lease

Division 3A--Perpetual leases of town lands

  • 41A Offering of Whyalla land on perpetual lease
  • 41B Applications and allotments
  • 41C Form and conditions of lease
  • 41D Purchase of fee simple of Whyalla town lands
  • 41E Application of other provisions to leases of town lands
  • 41F Application of sections 41A - 41E to Leigh Creek

Division 4--Agreements (under this

PART )
  • 42 Agreement to contain covenant to purchase by instalments
  • 44 Form of agreements
  • 46 Agreement liable to forfeiture for breach of covenant

PART 6--Provisions applicable to leases and agreements

  • 47 Minimum rent or instalment
  • 48 Rates of instalments and rent under agreements and leases, where Minister directs that this section shall apply
  • 49 Power in certain cases to surrender existing agreement or lease for agreement or lease under section 48
  • 50A. Power to extend agreement
  • 51 Lands suitable for pastoral purposes only
  • 52 Preparation and execution of lease or agreement
  • 53 Power to resume land for certain purposes
  • 58 Penalty to be added to overdue amount under lease or agreement
  • 59 Forfeiture of lease or agreement
  • 60 Instead of forfeiture, a penalty may be imposed
  • 61 Defaulting purchaser's or lessee's interest in land may be sold by auction
  • 62 Liability of purchaser for future defaults
  • 63 Power to execute transfer of interests sold
  • 64 Service of notices
  • 65 Duty of lessees and purchasers not to impound in certain cases
  • 66 Statute of limitation no bar to action
  • 66A Power to add parcels of land to leases and agreements
  • 66B Power to add parcels of land to existing certificates of title

PART 6A--Special development lands

  • 66C Definition of lease
  • 66D Special development lands
  • 66E Leases of special development lands
  • 66F Excluded areas
  • 66G Powers of board in connection with leases
  • 66H Application of the Act

PART 7--Leases other than perpetual

Division 2--Miscellaneous leases

Division 3--Various

  • 79 Education lands to be dealt with by board

PART 8--The Lyrup Village Settlement

Division 1--Interpretation and application

  • 82 Interpretation
  • 83 This Part to apply so far as repealed Acts not exhausted
  • 84 Passing of this Act not to affect operation of Irrigation Act

Division 2--Constitution of the Lyrup Village Association

  • 85 Continuance of Lyrup Village Association
  • 86 Association not subject to Corporations Act 2001
  • 87 Lands to be set apart and subdivided
  • 88 District of association
  • 88A Horticultural blocks
  • 89 Determination of district and leases

Division 4--Leases

Division 6--Management of the association

  • 105 Management
  • 106 Payment of contributions
  • 107 Restriction of further advance to association
  • 107A Advances to association
  • 110 Management of commonage lands
  • 111 Accounts and audit
  • 112 Annual report
  • 113 Service of proceedings on association
  • 114 Annual instalments of charge and irrigation expenses recoverable by distress
  • 115 Public inspection of rules and accounts
  • 116 Rules

PART 9--Homestead blocks

Division 1--Acquirement and re-offering of lands

  • 118 Transfer of homestead blocks

Division 2--Leases and agreements

  • 122 Lease or agreement may be granted of more than one block
  • 123 Receipts for rent or instalments to constitute holding title

Division 3--Protected homestead blocks

  • 125 Effect of endorsement

Division 4--Special provisions

  • 129 When blockholder may assign or sublet

Division 5--Agreement or lease on surrender

  • 130 Homestead lease may be surrendered for agreement or perpetual lease

PART 10--Closer settlement

Division 1--Power to acquire lands

  • 144 Acquisition of land by repurchase
  • 145 Acquisition of land compulsorily
  • 146 Registrar-General to make necessary entries and cancel certificates of title
  • 146A Part to cease to apply to closer settlements within Murray-Darling Basin

Division 2--Compulsory acquisition of lands

  • 147 Interpretation
  • 148 What lands to be deemed to be adjoining lands
  • 149 Division to apply notwithstanding Real Property Act 1886
  • 150 Incorporation of the Compulsory Acquisition of Land Act 1925
  • 151 Power to acquire lands (other than large estates) which are subject to Crown leases
  • 152 Acquisition of large estates and lands adjacent to River Murray
  • 153 Acquisition of lands required for working lands adjacent to River Murray
  • 154 Land irrigable by waters from the River Murray
  • 155 Land requiring drainage
  • 156 Preliminary notice of intention to inspect
  • 157 Power to enter land for inspection
  • 158 Notice of intention to acquire
  • 159 Duties of Registrar-General to note in register-book
  • 160 Effect of notice to bind all persons interested
  • 161 Rights of owner to reserve land not exceeding forty thousand dollars in value
  • 162 Rights of owner to require whole estate to be taken
  • 163 Mode of acquiring the land
  • 164 Copy of proclamation to be furnished to Registrar-General
  • 165 Price to be determined by arbitration failing agreement
  • 166 Price
  • 167 Award of arbitrators and right of appeal to Supreme Court
  • 168 Service of notices
  • 169 This Division not to apply to town lands

Division 3--Purchase of land by arrangement

  • 170 Purchase of land by arrangement with intending settlers
  • 170A Purchase of land for allotment to one settler
  • 170B Loans for schemes of closer settlement

Division 4--How acquired lands to be dealt with

  • 171 How land acquired is to be dealt with
  • 172 Power to postpone allotment of closer settlement lands
  • 173 Occupation of lease of lands acquired, pending execution of drainage or other improvements

Division 5--Agreements for sale and purchase

  • 174 Covenants to be contained in the agreement
  • 174A Provision in case of undeveloped land
  • 175 Terms and covenants in certain cases
  • 176 Power to extend existing agreements to term not exceeding sixty-four years on recommendation of board
  • 176A Power of board to capitalise arrears of interest on agreement
  • 178 Form of agreement
  • 179 Execution of agreement
  • 182 Lands unallotted may be let
  • 183 Power of lessees of certain perpetual leases to surrender for agreement under this Act
  • 184 Power to surrender miscellaneous lease
  • 185 Power to surrender agreement as to lands purchased after 18th December, 1902
  • 186 Power of holder of existing agreement to pay part of purchase-money in advance
  • 187 Reservations as to growing timber
  • 188 Application of payments
  • 189 Statement to be laid before Parliament
  • 190 Power to fix annual rate of interest on closer settlement lands

Division 6--The collection and recovery of rents

  • 191 Receiver of rents
  • 192 Action may be maintained in the name of the receiver
  • 193 Extension of time for payment
  • 195 Forfeiture
  • 196 Power to cancel lease or agreement liable to forfeiture
  • 197 Returns of cancellations to be placed before Parliament

Division 7--Special provisions with regard to closer settlement lands

  • 199 Surrender of agreement for perpetual lease
  • 201 Power to grant privileges under section 199 may be granted notwithstanding rent in arrear
  • 202A Power to re-sell or let surrendered lands

PART 11--Surrenders

  • 204B Acceptance of surrenders
  • 205 Power of lessee to surrender his lease
  • 206 Surrender for new lease
  • 207 Power to surrender agreement
  • 207A Power to deal with surrendered lands
  • 208 Surrender of agreement for new agreement
  • 208AA Provisions on surrender
  • 208A Rights of surrender of mortgages etc
  • 209 Lands under any tenure may be surrendered
  • 209A Surrender of lease or agreement for marginal land lease
  • 210 Power of lessee to surrender for perpetual lease or agreement
  • 211 Mode of obtaining perpetual lease or agreement
  • 212 Power of lessee to surrender lease and purchase the fee simple
  • 213 Annual statement of surrenders disallowed
  • 215 Conditions of agreement or lease obtained in lieu of homestead lease
  • 217 Powers of trustees and executors
  • 218 Appeal from first decision of board
  • 219 Power of lessee to apply to surrender from time to time
  • 221 Surrender of agreement for lease
  • 222 Surrender of agreement or lease of a small estate
  • 223 Surrender of several leases or agreements for one lease or agreement of the same class
  • 224 Saving of estates and interests in surrendered lands

PART 12--Transfers

  • 225 Leases and agreements may not be transferred, assigned or sublet without consent of the Minister
  • 226 Non-validity of agreements to transfer etc leases and agreements
  • 227 Prohibition against transferring or subletting without consent to extend to every form of alienation without consent
  • 227A Mortgage of lease or agreement not alienation

PART 13--Sales of lands, granting of sites for buildings

Division 1--Sales of lands

  • 228 Certain lands may be sold by auction
  • 228A Sale of lands etc by auction on agreement for sale and purchase
  • 228B Grant of Crown lands to certain Government or local government authorities
  • 228C Fee simple may be granted to licensee in certain cases
  • 229 Power of Minister to fix upset and reserve prices
  • 230 Lands to be gazetted before auction
  • 231 Purchase-money of lands sold for cash, how payable
  • 232 Unselected or unsold Crown lands within hundreds to remain open
  • 232A Town lands at Whyalla
  • 232B Application and payment
  • 232C Reference of applications to the board
  • 232D Simultaneous applications
  • 232E Gazettal of successful applicants
  • 232F Board may re-offer land not taken up
  • 232G Sales by auction of blocks not allotted
  • 232H Conditions
  • 232I Allotment of blocks to employers for employees' dwellings
  • 232J Application of other sections of this Act
  • 234 Town land may be sold subject to condition against alienation for six years
  • 234A Building conditions in town blocks
  • 234B Refunded purchase moneys
  • 235 Limitation of number of town allotments that may be purchased
  • 236 Agreement preventing fair competition at auction to be void

Division 3--Granting of sites

  • 241 Power to grant sites for public and charitable purposes
  • 242 Purchase-money for site to be paid on application
  • 243 Lease or agreement to be read as excepting the granted land

PART 14--Licences

  • 244 Licences may be granted
  • 244A Conditions in licences
  • 245 Minister may limit licences
  • 246 Term and conditions of licence

PART 16--Miscellaneous

  • 249 Powers of forfeiture, acceptance of surrender, and resumption of agreements and leases to be exercised by Minister
  • 249B Leases etc containing condition of personal residence deemed not to contain such condition
  • 249C Waiver of covenant to clear vegetation
  • 249D Consent of Minister not required to encumbering or mortgaging of leases and agreements
  • 249E Incoming lessee liable for outstanding amounts upon transfer of lease
  • 250 Minister to have care, control and management of dedicated lands in certain circumstances
  • 251 Right of commonage
  • 251A Power of the Minister to lend on mortgage
  • 252 Disability of persons under eighteen to hold agreement, lease, or licence
  • 252A Liability of executors and trustees under leases and agreements
  • 253 Duties of Crown lands ranger
  • 254 Powers of district council rangers
  • 255 Crown lands ranger may make claim or entry
  • 256 Power to impound cattle trespassing and to destroy pigs
  • 257 Unbranded wild cattle belong to the Crown
  • 258 Exemption of leases, agreements and licences from stamp duty
  • 259 Annual payment of rent
  • 260 Power of acquisition
  • 261 Power of Minister to resume land set apart as site for town
  • 261A Duty of Registrar-General
  • 262 Provision of moneys for purposes of sections 260 and 261
  • 262A. Power to dispose of surplus lands
  • 262AA Power to dispose of dedicated lands which have been resumed by Crown
  • 262B Power to dispose of material, plant, and equipment
  • 263 Provision for preservation of timber
  • 263A Provision for soil conservation reserves
  • 263B Overstocking
  • 263C Covenant for insurance
  • 264 Completion of purchase under lease with right of purchase or agreement obtained on surrender
  • 265 Right of purchase not exercisable until conditions have been complied with or equivalent improvements made
  • 265A Cancellation of lease or agreement where holder abandons land
  • 265B Power of Minister to manage blocks
  • 266 Repeated notice of breach not necessary before forfeiture
  • 267 Land grant to be noted as subject to interest
  • 268 Cancellation of muniments of title when grant cancelled or land reverts to Crown
  • 269 Registrar-General to make necessary entries in registers
  • 271 Proclamation valid for all purposes
  • 271A Powers of Minister as to reverted lands
  • 271C Gifts of land for the benefit of soldiers
  • 271D Transfer of land to Minister
  • 271E Lease granted under Irrigation Act deemed to be lease under this Act in certain circumstances
  • 271F Liability of Crown in relation to Crown lands

PART 17--Offences and penalties

  • 272 Unauthorised occupation or use of Crown and other property
  • 273 Delaying with travelling stock
  • 274 Depasturing cattle etc
  • 275 Injuring or removing timber, metals etc without licence
  • 276 Injuring or removing land marks
  • 277 Injuring monuments etc on Crown lands
  • 278 Obstructing roads and ways
  • 279 Leaving gates open
  • 280 Obstructing authorised persons from carrying out powers
  • 281 Any money or reward received under any illegal agreement to be forfeited, and recoverable by anyone suing for the same
  • 282 Making illegal agreement
  • 283 Offering to enter into void agreements etc
  • 284 False statement as to commonage
  • 285 Forgery and uttering an offence
  • 286 Perjury
  • 287 Fraud or false representation

PART 18--Regulations

  • 288 Regulations

PART 19--Arbitration, evidence, legal procedure etc

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