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
PART 19--Arbitration, evidence, legal procedure etc
- 289 Valuation for compensation to be determined by the Land and Valuation Court
- 290 Declarations, how to be made
- 291 Parties compellable to give evidence, but not to be prosecuted in certain cases
- 292 Gazette evidence of facts stated therein
- 293 Burden of proof
- 294 Who may lay complaint, and hearing of same
- 294A Actions for trespass in local court
- 295 Penalties
- 295A Appropriation of payments
- 296 Treasurer may provide for costs of officers
- 297 Protection to persons acting in execution of this Act