CO885-5 — Page 11

PUBLIC RECORD

OFFICE

Reference :-

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Hokler of lawl

onder over Tool. may exercise the Kame either wholly or in

parcels of land or time.

20

revocation have planted any forest trees in accordance with the regulations altered or revoked.

7. It shall be lawful for the holder of the land order, if the sum of money named therein exceed one hundred pounds, but not otherwise, to exercise such right wholly at one time or from time to time (before the expiration of the period aforesaid), and to purchase under such land order land in one parcel or in more parcels than one; and part as regards whenever such land-order, 'whatever the amount thereof may be, shall be exercised by the purchase or selection of any such land as aforesaid, the holder of sucli land order shall at the time when under the law in force regulating the sale of such lands he would be bound to pay any deposit or purchase money, if such purchase had been made under such law alone and not under this Act, produce such land order to the person to whom such deposit or purchase money would be payable, and such person shall thereupon note by indorsement on such land order the sum of money which would be payable by such holder as such deposit or purchase money as aforesaid, and shall also give to the holder of the land order a receipt or certificate in the like form and to the like effect as such holder would be entitled to receive if he had paid in cash the sum so indorsed; and such receipt or certificate shall have the same force and effect as if the holder of such certifi- cate had paid such sum so indorsed as aforesaid: Provided, however, that when the land order has been fully exercised, it shall be given up to the Receiver of Land Revenuc.

Provisions repugnatti

this Act re-

pealed,

Schedule.

8. The provisions of the said Act, so far as inconsistent with or repugnant to this Act, are hereby repealed; and the said Act, as altered and amended by this Act, shall be deemed to have been in force from the passing of the said Act.

SCHEDULE.

+

Act, 18, I hereby authorise

Or

In exercise of the powers in me vested by

of

in the Province of

to purchase to the amount of

open for sale' pounds, any of the land of the Crown in the Province of selection, without payment in cash therefor, subject however to the provisions in the

Act contained. Dated the

day of

,

187

Commissioner of Crown Lands for the Province of

No. 26.

21

be made by Governor.

5. The Governor may from time to time make regulations for defining the number Regulations to and description of trees to be planted on each acre, and for prescribing the period not exceeding five years for which such trees shall be preserved, and for preventing the cutting or other destruction of such trees during such period, and the other terms and conditions to be fulfilled by persons claiming a land order under the provisions of this Act; and upon the certificate of an officer appointed by him for that purpose that the terms and conditions herein expressed, as well as those prescribed in such regulations, have been complied with, the person to whom such certificate is given shall be entitled, on the production of such certificate to the Commissioner of Crown Lands, to receive a land order for an amount to which such certificate shall prove him to be entitled, and such reglations may be made to apply generally throughout the said Province, or may be limited to apply to any one or more districts, and different regulations may be made from time to time for the several districts, and such regulations may prescribe any penalty not exceeding five pounds for any breach of any such regulations. The regulations aforesaid may be altered or revoked by the Governor, but such alteration or revocation shall only have prospective operation, and shall not affect the rights of any person who shall, before the publication of such alteration or revocation, lave planted any forest trees in accordance with the regulations altered or revoked.

6. Every such land order shall be transferable, and shall be exercised within five years Land order to from the date thereof, and if not exercised within such period, shall be absolutely null be exercised and void, and no renewal thereof shall be granted.

within five years,

for payments

7. It shall be lawful for the holder of the land order, if the sum of money named Land order therein exceed fifty pounds, but not otherwise, to exercise such right wholly at one time may be offered or from time to time (before the expiration of the period aforesaid), and to purchase, at different under such land order, land in one parcel, or in more parcels than one; and whenever times. such land order, whatever the amount thereof may be, shall be exercised by the purchase or selection of any such land as aforesaid, the holder of such land order shall at any time, when under the law in force regulating the sale of such lands he would be bound to pay any deposit, interest, rent, or purchase money, if such purchase had been made under such law alone, and not under this Act, produce such land order to the person to whom such deposit, interest, rent, or purchase money may be payable; and such person shall thereupon note by endorsement on such land order the sum of inoney which would be payable by such holder as such deposit, interest, rent, or purchase money as afore- said, and shall also give to the holder of the land order a receipt or certificate in the like form and to the like effect as such holder would be entitled to receive if he had paid in cash the sum so endorsed; and such receipt or certificate shall have the same force and effect as if the holder of such certificate had paid such sum so endorsed as afore- said: Provided, however, that when the land order has been fully exercised it shall be given up to the Treasurer.

8. No land once planted shall entitle the planter to more than one land order in one order only respect of such land.

to issue.

ir

Short title.

Interpretation.

Time and place

SOUTH AUSTRALIA.-Anno Tricesimo Septimo Victoria Regina. A.D. 1873. AN ACT to encourage the Planting of Forest Trees.

[Assented to, 18th December 1873.] WHEREAS it is expedient to encourage the planting of forest trees: Be it therefore enacted by the Governor of the Province of South Australia, with the advice and con- sent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. The short title of this Act shall be "The Forest Trees Act, 1873."

2. In the construction of this Act the word "planted" shall include also trees which have been sown on the spot and were not transplanted.

3. The Governor may from time to time, by proclamation in the "Government Ga- of operation of zette" declare this Act to be in operation in any district to be defined in such proclama- ́tion, and on a day to be fixed in such proclamation this Act shall come into operation in such district.

Act.

Iand orders given to per- sous planting treex.

Conditions re. quired.

4. If any person shall plant any land, not being waste lands of the Crown, and not being less than five acres in extent, with forest trees, he shall be entitled to receive, in respect to every acre so planted, a land order in the form in the Schedule hereto, which shall authorise such person to purchase, to the amount of two pounds, any of the waste lands of the Crown in the Province open for sale at auction or otherwise, or in payment of the interest of the purchase money if selected on credit, or in payment of any rent due to the Government, but subject in every other respect to the laws and regulations for the time being in force regulating the sale and disposal of the waste lands of the Crown: Provided that no such land order shall be given unless the land has been devoted to purposes of planting only for at least two years, that the trees are in a vigorous and healthy condition, and that the land is securely fenced in against both sheep and cattle.

forest trees by pastoral lessees

9. Any person holding a lease from the Crown for pastoral purposes may give written Planting of notice to the Commissioner of Crown Lands that he wishes to plant a tract of land, not being less than twenty acres, on the land held by him on lease, and in such notice he to be held an shall also define the number of trees on each acre, and the description of trees which he improvement. intends to plant, and shall state the amount of compensation which he expects in case of resumption; and if no objection raised by the Commissioner within six months after the giving of such notice, the planting of such trees, if in a vigorous and healthy state at the time of resumption, at least ten feet high and securely fenced against both sheep and cattle, shall be an improvement for which compensation shall be given if such land is resumed: Provided that in no case more than two pounds for every acre so planted shall be paid.

10. Whoever shall steal or wantonly destroy or damage the whole or any part of any Penalty. tree, or shall wilfully cut, break, or root up any tree, sapling, or seedling so planted, may be ordered to forfeit or pay a sum not less than five shillings and not exceeding five pounds, or may be imprisoned, with or without hard labour, for any term not exceeding three months; and proceedings for any offence under this Act may be had and taken Proceedings before any two Justices of the Peace, in manner by law provided for regulating summary before justices. proceedings before Justices of the Peace, and any person aggrieved may appeal in manner provided for appeals in case of summary proceedings.

In the name and on behalf of Her Majesty I hereby assent to this Act.

A. MUSGRAVE,

Governor.

Q310 G 104,

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