The Coming Colony/Appendix E

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The Coming Colony by Philip Mennell
Appendix E



The present Land Regulations, which were passed by the Legislative Council in 1886, came into force on the 2nd of March, 1887.

For the purposes of the Regulations, the Colony is divided into six Divisions:

The South-west Division.
 " Gascoyne   "
 " North-west   "
 " Kimberley   "
 " Eucla   "
 " Eastern   "

All town and suburban lands in these divisions must be sold by public auction, at an upset price to be determined by the Governor in Council. Any person may apply to the Commissioner to put up for sale by auction any town or suburban lands already surveyed, on depositing 10 per cent. of the upset price, which is returned if he does not become the purchaser; should the purchaser not be the applicant, he must pay 10 per cent. on the fall of the hammer, and complete his purchase within thirty days.

There are four modes of obtaining land by conditional purchase in the South-west Division.

  1. By deferred payment with residence, within agricultural areas.
  2. By deferred payment with residence, outside agricultural areas.
  3. By deferred payment, without residence, either within or outside of agricultural areas.
  4. By direct payment, without residence, either within or outside of agricultural areas.

Agricultural areas of not less than 2,000 acres may be set apart by the Governor in Council—the maximum area to be held by any one person is 1,000 acres, and the maximum 100 acres; the price is fixed by the Governor in Council, at not less than 10s. an acre, which is the present price, payable in twenty yearly instalments of 6d. an acre, or sooner if the occupier choose. Upon the approval of any application, a licence is granted for five years. Within six months the licencee must reside on some portion of the land, and fence in the same with a good substantial fence during the term of his licence. If these conditions are fulfilled, a lease is granted to him for fifteen years. After the lease has expired, or at any time during the currency of the lease, provided the fence is in good order and that improvements have been made equal to the full purchase money, and further provided the full purchase money has been paid, a Crown grant will be given.

Outside agricultural areas land may be purchased on deferred payment with residence, by free selection, otherwise subject to all the conditions required within agricultural areas, as stated in the preceding paragraph.

Under the third mode of purchase, the applicant is subject to all the conditions imposed under No. 1, except residence, but he has to pay double the price, or £1 per acre, in twenty yearly instalments of 1s. per acre.

By the fourth mode, land to the extent of 1,000 acres and not less than 100, within an agricultural area, and not exceeding 5,000 acres outside an agricultural area, may be applied for at a price (at present 10s. an acre) to be fixed by the Governor in Council. Within three years the land must be fenced, and within five years 5s. per acre must be spent on improvements.

For garden purposes small areas of not less than five acres nor more than 20 acres (except in special cases), at 20s. per acre, may be purchased on the condition that within three years the land shall be fenced, and one-tenth planted with vines or fruit trees, or vegetables.

In the Kimberley, North-west, Gascoyne, Eastern, and Eucla Divisions, special areas for purchase may be set apart of not less than 5,000 acres. The total quantity to be held by any one person in a division shall not exceed 5,000 acres, or less than 100 acres. The price is at present 10s. an acre, payable in ten years or sooner.

Upon approval a lease shall issue for ten years. Within two years the land must be fenced. At the expiration of the lease, or at any time during its currency, the fence being in good order, improvements in addition to the fencing equal to the purchase money having been made, and the purchase money having been paid, a grant from the Crown will be issued.

Pastoral lands are granted on lease, which gives no right to the soil or to the timber, and the lands may be reserved, sold, or other­ wise disposed of by the Crown during the lease.

The following are the terms of pastoral leases in the several divisions; all leases expire on the 31st December, 1907. The rental named is for every 1,000 acres.

South-west.—In blocks of not less than 3,000 acres, at 20s.
Gascoyne & Eucla.—ln blocks of not less than 20,000 acres—
  For each of the 1st seven years 10s.
 " 2nd " 12s. 6d.
 " 3rd " 15s.
Northwest.—In blocks of not less than 20,000 acres—
For the 1st seven years 10s.
 " 2nd " 15s.
 " 3rd " 20s.
Eastern.—In blocks of not less than 20,000 acres—
For the 1st seven years 2s. 6d.
 " 2nd " 5s.
 " 3rd " 7s. 6d.
Kimberley.—In blocks of not less than 50,000 acres with frontage, and 20,000 without frontage—
For the 1st seven years 10s.
 " 2nd " 15s.
 " 3rd " 20s.

Reduction of Rent for Stocking.—Any lessee in the Kim­berley and Eucla Divisions may have a reduction of one-half the rental due under the Regulations, computed from the 1st day of January, 1887, for the first fourteen years of his lease if, in the Kimberley Division, he have, within five years of the date of these Regulations, in his possession within the division ten head of sheep or one head of large stock for every 1,000 acres leased, or in lieu of stock, in the Eucla Division to the eastward of a north line from Point Culver, if he have expended £8 per 1,000 acres in tanks, wells, dams, or boring for water.

A penalty of double rental for the remaining portion of the lease is imposed, except in the South-west Division, if the lessee has not within seven years complied with the stocking or improvement clause.

Poisoned Land.—Any person desirous of obtaining a lease of poisoned land shall apply to the Commissioner, defining the boun­daries and paying one year's rent at the rate of £1 per 1,000 acres. Within twelve months a proper survey of the land must be furnished, at the expense of the applicant, to the Commissioner, and sufficient proof given that the said land is poisoned land. If the application is approved, a lease is granted for twenty-one years at £1 per 1,000 acres, on the condition that the land is fenced in within three years; and if the poison plant is completely eradicated before the lease expires, the lessee will be entitled to a Crown grant.

Mineral Lands.—Mining leases (not auriferous), not exceeding 200 acres, nor less than 20 acres, are granted for seven years, at a rental of 5s. per acre per annum:. but must be worked within one year. If the holder has erected, or gives security for the erection of suitable machinery to work the mine, he may obtain a Crown grant of not less than 20 acres, at the rate of £3 per acre. It is probable that fresh legislation will before long be proposed as to mining.