An Act relating to the Renmark Irrigation Settlement. [Assented to, December 23rd, 1893.] BE E it Enacted by the Governor of the Province of South Aus- Preamble. tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: PART I. PART I. 1. This Act may be cited as "The Renmark Irrigation Trusts Short title and diviAct, 1893," and is divided into parts, as follows PART v. General Purposes and Powers of the Trust: sion. A-578 2. In PART I. Interpretation. The Renmark Irrigation Trusts Act.—1893. 2. In this Act the following expressions shall have the meanings by this section assigned to them, except where any such meaning is inconsistent with the context or subject-matter-- "Business day "-Any day not being a Sunday, Good Friday, Christmas Day, or public or bank holiday: "Chaffey Brothers, Limited," includes persons lawfully claiming through Chaffey Brothers, Limited: "Company"-Renmark Irrigation Company, Limited: "District"-A district constituted by or under this Act: "Irrigation area "-The area of land for the time being comprised in any licence or licences granted by or on behalf of Her Majesty's Government of South Australia Chaffey Brothers Act: under the "Irrigation works"-All water-courses, machinery, and other property and improvements constructed or brought upon or established in connection with the irrigation area and for irrigation purposes: "Justice"-A Justice of the Peace for the province: "Member "-A member of a Trust: "Minister "-The Commissioner of Public Works: 66 Outlying district-A portion of the irrigation area not for the time being included in a district: "Owner" as regards land includes the person for the time being receiving or entitled to receive the rents and profits of any ratable land, whether on his own account or as trustee, attorney, or agent for another, and as to ratable land set apart under clause 18 of the Chaffey Brothers agreement includes the Crown or any person holding on behalf of the Crown: Public notice"-Notice given by advertisement in a newspaper circulating in the district and by posting handbills on every post office and on every other place in the district appointed by the Trust as a place for posting notices: "Ratable land "-All land within a district and available for irrigated culture under the system of irrigation works for the time being established for the service of land in the district (excluding land set apart under clause 18 of the Chaffey Brothers agreement) except township allotments, and except lands up to five thousand acres, which, being open for sale to any applicant at a price not more than the standard price fixed under the next succeeding section, have not been sold or otherwise disposed of, or agreed to be sold or otherwise disposed of, and which are not actually under irrigated culture: "Rate." 66 The Renmark Irrigation Trusts Act.-1893. "Rate"-A rate declared under the powers given by this Act: Ratepayer "The owner or occupier of ratable land or the owner of unoccupied ratable land, and whose name appears in the assessment book in respect of such land: "Secretary "-The secretary of a Trust appointed under this Act: "The Chaffey Brothers agreement"-The agreement referred to 3. For the purpose of determining the standard price of land(1) Chaffey Brothers, Limited, shall, within thirty days after the commencement of this Act, as to all unsold lands, other than township allotments, belonging to them and included in any grant heretofore issued by the Crown pursuant to, or which purports to have been issued pursuant to, the Chaffey Brothers Act, fix prices at which they are prepared to sell the same with the appurtenant water rights by giving written notice of such prices, together with a plan or description of the lands, to the Trust, and publishing the same in the Government Gazette. If Chaffey Brothers, Limited, shall make default in complying with this subsection they shall be guilty of an offence against this Act on every day during which such default continues. (2) Chaffey Brothers, Limited, shall, before selling or otherwise disposing of, or agreeing to sell or otherwise dispose of, any lands in the irrigation area other than those in subsection 1 of this section mentioned, and other than township allotments, from time to time fix the prices at which they are prepared to sell the same with the appurtenant water rights by the like written notice and plan or description and the like publication as is in sub-section 1 of this section mentioned. If Chaffey Brothers, Limited, sell or otherwise dispose of, or agree to sell or otherwise dispose of, any land without having complied with the provisions of this sub-section and sub-section 3, so far as regards such land, they shall for every such sale, disposition, or agreement, be guilty of an offence against this Act. (3) Any notice under sub-section 2 of this section shall comprise not less than two hundred and fifty acres. (4) On L'ART. 1. Selling prices of unsold lands of Limited, to be fixed. PART I. The Renmark Irrigation Trusts Act.—1893. (4) On proof to the satisfaction of the Trust that any land comprised in any notice under sub-section 1 or 2 of this section is withheld from sale at the price fixed by such notice, plus a reasonable sum in respect of improvements effected on such land after the publication of the notice, or that such price is higher than it ought to be, the Trust may declare the land so withheld to be ratable land, and shall cause notice of such declaration, with a description of the land so withheld, to be given to Chaffey Brothers, Limited, and published in the Government Gazette, and the land so withheld shall thereupon, subject to sub-section 5 of this section, become and be ratable land. (5) If Chaffey Brothers, Limited, shall be dissatisfied with any declaration of the Trust under sub-section 4 of this section, and shall, within thirty days after the first publication thereof in the Government Gazette, give written notice of such dissatisfaction to the Trust, a difference shall be deemed to have arisen in respect of the matter as between the Trust in whose district the land is situated and Chaffey Brothers Limited, within the meaning of section 136, and the arbitrators may declare that any lands concerned shall not be ratable lands, and such declaration shall be published in the Government Gazette, whereupon the lands shall cease to be ratable lands, and any rate declared and not paid in respect thereof shall cease to be valid. PART II. Constitution and name of Trusts. PART II. CONSTITUTION OF TRUSTS AND DISTRICTS. 4. (1) A Trust is hereby constituted, to be called "The Renmark Irrigation Trust, No. 1" (2) The Trust hereby constituted, and every Trust constituted under this Act, shall be a body corporate, and shall have perpetual succession and a common seal, of which judicial notice shall be taken, and shall by its name be capable of suing and being sued, of purchasing, holding, and alienating land, of doing all acts necessary or expedient for carrying out the purposes of this Act, and of doing and suffering, subjeci to this Act, all such other acts and things as bodies corporate may by law do and suffer. (3) A Trust constituted under this Act shall be named "The Renmark Irrigation Trust, No. -," such blank being filled in with the distinctive number of the particular district for which the Trust is constituted. 66 The (4) The district of the Trust hereby constituted shall be the area mentioned in the First Schedule hereto, and shall be called Renmark Irrigation District No. 1." The Renmark Irrigation Trusts Act.-1893. (5) A district constituted under this Act shall be called "The Renmark Irrigation District No -," such blank being filled in with the distinctive number of the district. PART II. 5. Subject to the provisions of this Act, the Governor may, from General powers of time to time, make orders exercising the powers following 1. To constitute any part of the irrigation area, and being either III. To sever any portion of the irrigation area, forming part of a IV. To annex to any district any outlying district whether forming one area with such district or not: v. To alter and adjust the boundaries of adjoining districts, and determine any questions arising out of such alteration and adjustment. 6. Where, in consequence of the exercise of any of the foregoing powers, any rights, liabilities, or matters require to be adjusted, the Governor may by order settle and adjust the same. Constitution of New Districts by order of the Governor. 7. Every order constituting a new district shall 1. Assign a distinctive number to such district: II. Describe the boundaries thereof: And shall take effect according to the tenor of the order; and every such order constituting a new district, so as to include a portion of a previously existing district, shall operate to sever such portion from such previously existing district. 8. When a new district is constituted of portion, or so as to include a portion, of a previously existing district, the following consequences shall follow Governor to constitute districts and alter their boundaries. |