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
295A Appropriation of payments
296 Treasurer may provide for costs of officers
297 Protection to persons acting in execution of this Act
Schedule 3—Form of perpetual lease
Schedule 4—Extended form of reservations, covenants, and conditions of perpetual lease
Schedule 5—Terms and conditions in agreement
Schedule 9—Terms and conditions to be contained in agreement
Schedule 10—Land added to the Lyrup Village Association District
Schedule 12—Form of perpetual (special development) lease
Schedule 13—Extended form of reservations, covenants and conditions of perpetual (special development) lease
The Parliament of South Australia enacts as follows:
This Act may be cited as the Crown Lands Act 1929.
In this Act, except where the subject matter or context or some other provision requires a different construction—
agreement means an agreement containing a covenant to purchase land made since the fourteenth day of November, 1902, but does not include any lease with a right of purchase;
block or block of land includes two or more pieces of land contiguous to each other, or separated from each other only by a road or roads;
blockholder includes the transferee, devisee, or personal representatives of the lessee to whom a perpetual lease, or a lease with right of purchase, of a homestead block has been granted pursuant to Part 7 of the Crown Lands Act 1888, and the Acts incorporated therewith, or of the lessee or purchaser to whom a lease or agreement has been granted under Part 9 of the Crown Lands Act 1903, or under Part 9 of the Crown Lands Act 1915, or of the lessee or purchaser to whom a lease or agreement is granted under Part 9 of this Act, as well as the lessee or purchaser;
board means the Land Board;
cattle means camels, horses, geldings, mares, asses, mules, bulls, bullocks, and cows, and foals and calves over six months old;
(c) lands subject to any agreement, lease or licence lawfully granted by or on behalf of the Crown (except a lease or licence granted in pursuance of the Mining Act 1971, as amended),
and includes all lands which, having been granted or held under agreement, lease or licence, have been or are surrendered, or, having been dedicated, have been or are lawfully resumed, and all lands which, having been lawfully held by any person for any estate or interest, have been or are lawfully forfeited to or resumed by, or by any means whatsoever have reverted or revert to, or have been or are acquired by, the Crown (but does not include lands that have been forfeited, or have reverted to the Crown, or have been resumed or acquired by the Crown where the lands are comprised in a certificate grant or other muniment of title that has not been cancelled in pursuance of this Act);
Crown Lands Acts means this Act and all the repealed Acts;
dedicated lands means all lands dedicated for any purpose by the Governor or the Minister under any of the Crown Lands Acts;
excluded area means an area delineated on a map published in accordance with section 66F of this Act as varied from time to time in accordance with a map forwarded in accordance with subsection (2) of that section;
fixed rate means the annual rate of interest fixed by the Treasurer under section 190 which is in force at the time when the block in question is offered for sale;
homestead block means any land (the subject of a lease or an agreement)—
(a) offered pursuant to section 126 of The Crown Lands Act 1888, and the Acts incorporated with that Act; or
(b) offered as a homestead block pursuant to section 117 of this Act as in force before the commencement of the Crown Lands Act Amendment Act 1968, or pursuant to any corresponding previous enactment;
the Land and Valuation Court means the Land and Valuation Court constituted under the Supreme Court Act 1935;
lease means a perpetual lease or a miscellaneous lease;
lessee includes the assignee or transferee of a lease from the Crown, and the devisee or personal representatives of the original lessee or of such assignee or transferee, as well as the original lessee;
the Minister means the Minister of Lands;
miscellaneous lease means any lease other than a perpetual lease;
Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;
park lands means lands adjacent to a town and dedicated for the use, benefit, or recreation of the inhabitants of that town;
perpetual lease means a lease granted in perpetuity;
public map means a map—
(a) prepared under the direction of, and officially certified by, the Surveyor-General or Deputy Surveyor-General; and
(b) delineating any of the lands of the Crown; and
(c) deposited in the Department of Lands at Adelaide;
purchaser includes the person entitled to or holding lands under an agreement;
receiver means the Receiver of Rents under Part 10;
repealed Act means any Act repealed by this Act or by any Act heretofore repealed, which dealt with Crown lands or with closer settlement;
repurchased lands means lands acquired by the Crown under Part 10 of this Act or under the corresponding provisions of any repealed Act, and whether acquired pursuant to agreement or compulsorily;
sheepmeans rams, goats, wethers, and ewes, and lambs over six months old;
special development lands means lands for the time being declared by proclamation under section 66D of this Act to be special development lands;
suburban lands means all Crown lands surveyed in sections of not greater area than 10 hectares each situated within 4 kilometres of any town lands or park lands, or any lands set apart under paragraph (h) of section 5;
swamp lands means all lands which, in the opinion of the Minister, are liable to be wholly or partially flooded by overflow of a river or otherwise;
town lands means all Crown lands set apart, surveyed, or laid out in lots as the site for a town;
unimproved value means the actual value of any land less the amount of the value of all improvements (if any) on the land;
vermin means rabbits, wild dogs, foxes and any other animals declared by proclamation to be vermin for the purposes of this Act.
For the purposes of this Act, land shall be deemed to be adjacent to other land if it—
(a) abuts on that other land; or
(b) is separated from that other land only by a road, railway or a travelling stock route.
(1) A lease, agreement to purchase or licence granted under an Act repealed by the Statutes Amendment and Repeal (Crown Lands) Act 1985, and in force immediately prior to the commencement of that Act shall, upon that commencement, be deemed to be a lease, agreement or licence granted and in force under this Act.
(2) An easement granted under the Irrigation Act 1930, and in force immediately prior to the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985, shall, upon that commencement, be deemed to be an easement granted and in force under this Act.
(3) Any lands that were, immediately before the commencement of the Statutes Amendment and Repeal (Crown Lands) Act 1985, reserved lands within the meaning of this Act as then in force shall, upon that commencement, be deemed for all purposes—
(a) to be dedicated lands; and
(b) to have been dedicated for the purpose for which they were reserved.
(4) Nothing in the Statutes Amendment and Repeal (Crown Lands) Act 1985 has the effect of repealing a proclamation of the Governor in force under this Act immediately before the commencement of that first mentioned Act.
(5) Where the Minister exercises, by notice in the Gazette, any of his powers under this Act in relation to lands in respect of which a proclamation made by the Governor under this Act is in force, the notice shall, if it is inconsistent in any respect with the terms of the proclamation, operate as a revocation of the proclamation to the extent of the inconsistency.
4C—Grant etc of Crown lands by Governor without advice and consent of Executive Council
(1) A grant, lease or other alienation of Crown lands by the Governor under any of the Crown Lands Acts or any other Act dealing with the disposal of lands of the Crown shall not be held to be invalid by reason of the fact that the Governor granted, leased or otherwise alienated the lands without the advice and consent of the Executive Council.
(2) Where the Governor exercises a power to grant, lease or otherwise alienate Crown lands, whether under this Act or any other Act dealing with the disposal of lands of the Crown, he may exercise that power without first obtaining the advice and consent of Executive Council.