Agricultural Holdings Act of 1905 (5 Edw VII No. 11) (Qld)

INFANTS-LANDLORD AND TENANT. 5 EDw. VII. No. 11, 1905. Agricultural Holdings Act. 8875 attained the age of sixteen years. But nothing herein shall be construed so as to prevent the age of such person being proved. 5. All penalties imposed by this Act shall be recover- Recov~ ries of able m. a summary way before anty w'o JUStl'ees 0 f the penaltIes. peace: Provided that the term of imprisonment for the non- payment of any penalty which may be imposed under section three of this Act shall not exceed twenty-four hours. LANDLORD AND TENANT. An Aot to Provide for the Compensation of 5 E N dw o . .n v . ir. Tenants for Improvements made on Agrioul- THE AGRICULTURAL tnral Holdings. A! O~ ~ I~ ~ g5. [ASSENTED TO 9TH NOVEMBER, 1905.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Agricultural Hold- Short title ings Act of 1905," and shall commence and take effect~ ~ ~ lC~ o: ; nt on and after the first day of January, one thousand nine of Act. hundred and six. 2. In this Act, unless the context otherwise indicates, Intcrpreta· the. following term.s have the meanings respectively set t~~ : 46 & 47 agamst them, that IS to say :- Vic. c. 61, s. 61.J "Compensation" -Compensation payahle under this qOillpensa. Act, or compensation payable under any agree- tlOn. ment which by this Act is deemed to be substi(uted for compensation under this Act; " Contract of tenancy"-A letting of a holding for COlltract of a term, or for lives, or for lives and years, or tenancy. from year to year, under a contract entered into after the commencement of tbis Act; D

8876 I,ANDLORD AND TENANT. Agricultural Holdings Act. 5 EDw. VII. No. 11, Determina- tion of tenancy. Holding. Landlord. Tenant. " Determination of tenancy "-The cesser of a tenancy by effiuxion of time or from any other cause; "Holding"-Any parcel of agricultural land (which expression includes land suitable for dairying purposes) of an area of not less than five acres held by a tenant under a landlord; " Landlord "-The person for the time being en- titled to possession of a holding, as the absolute owner thereof, Rubject to a contract of tenancy; the expression "absolute owner" means the owner or person capable of dis- posing by appointment or otherwise of the fee- simple or whole interest in a holding, although the land or his interest therein is mortgaged or encumbered or charged; "Tenant "-The person in possession of a holding under a contract of tenancy. The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any pro- ceedings taken under or in pursuance of this Act. Restricted 3. This Act does not apply to any land held under application of lease or license from the Orown under any law in force for this Act. the time being relating to the leasing and occupation of Orown lands. Tenant's right 4. When a tenant makes on his holding any im- !?o:.mpensa- provement mentioned in the first or second part of the 'First [Cf. 63 & 64 Schedule to this Act, he shall be entitled, on quitting his Vie, c. 50, holding at the determination of his tenancy, to obtain 8'.1: No. 521, from the landlord compensation for such improvement. s.6.J When tenant 5. (1.) Notwithstanding the provisions of the last pre- t~ ~ ; e ~ o!ice ceding section, compensation shall not be payable in respect fm~ ~ o: ~ _ e of any improvement mentioned in the first part of the First [ ~ ; ' t46 & 47 Schedule to tbis Act, unless the tenant bas, not more than Vic: c..61, three months nor less than two months before beginning ~ . 1' N 521 to make such improvement, given to the landlord, or to " ' ~ . 7, 9~ io. J' his agent duly authorised in that behalf, notice in writing of his intention to make the improvement and of the manner in which he proposes to do the intended work. Reference. (2.) The landlord may within one month from the giving of such notice serve upon the tenant a dissent in writing to such intended improvement and require the .matter in difference to be referred to arbitration, and thereupon a reference may be had in manner provide~ by this Act.

LANDLORD AND TENANT. 8877 1905. Agricultural Holdings Act: , If the arbitrator is satisfied that any improvement specifie,l in the tenant's notice will increase the'value of the holding to an incoming tenant and will be a suitable and desirable improvement, he shall make an award accordingly, and the tenant shall be entitled to, com- pensation for every improvement which he makes i~ accordance with such award. If the arbitrator is satisfied that such improvement will not increase the value of the holding to an incoming tenant, 'and will be anunsuitahle and undesirahle improvement, the tenant shall not, if he executes such improvement, be ,.entitled to any compemation in respect thereof. " . , (3.) If no agreement is entered into as hereinafterwheil Provided .within ~ ne month after su.ch ~ otice has ? e~ n : ~; l:~ e gfven, or If there IS a reference toarbItratIOn, then wIthIn improvement ~ ' aey, muonn 1 ethss a t f } tleer nthoitlI·caew 0 afrdt hheastenbaeennt I. mS aprdeevIO.thUes 1 lyandWl . Iothrd- taenndanctharle' gnet. drawn, undertake to make the improvement himself, and 'niay make the, same accordingly in any reasonable, and ,Pfoper manner,.he thinks fit, ,and may charge the, tenan~ iJiterest at the rate of five pounds per centum per annnm ott the outlay incurred in making the improvement. Such interest shall be payable and recoverable as : r~ nt in the same manner and at the same time as the rent in respect of the holding is payable and recoverable., : i, (4.) In default of any such agreement' or undertaking, In del~ ~ lt ,I ,a:m.dalso in the event of the landlord failing to comFly tenant ~ ay wiith his undertaking within a reasonable time, the tenant ~ ~ ~ ~ ~ : e~ ~ . ­ " ~ ay make the improvement himself, and shall in that case ,be entitled to compensation in respect thereof. I 6. The landlord and tenant may at any time-' Agl'eements, " etc. , (i.) Dispense with any notice required by this ACt rqf. 46 & 47 to be given by either party to the' other; ; l~ : t 61, (ii.) Enter into an agreement between themselves as to the party by whom and the mode in which any improvement is to be made, or as to the amount and mode and time of payment of compensation or other moneys to be paid to I the tenant or to the landlord under this Act. Any conrpensation payable under such I' agreement shall' be deemed to be substituted for . c . o -- m -, p ,. ensa " tion under this " Act.

8878 LANDLORD AND TENANT. Agricultural Holdin.'18 Act.5 Enw. VII. No.,ll, Arbitrat,ion, 7. (1.) In the absence of an agreement between the Schedule n. parties, every matter or question arising under this Act shall be determined bv arbitration in accordance with the provisions set out in the Second Schedule to this Act. (2.) An arbitration shall, unless the parties otherwise agree, be before a single arbitrator. Notice of intended claim. 8. A tenant shall not be entitled to compensation, unle!:ls two months at least before the determination of his tenancy he gives notice in writing to the landlord claiming compensation. When a tenant gives such a notice, the landlord may, within one month thereafter, give a notice in writing to the tenant claiming any set off. Every notice under this section shall state as far as reasonably may be the particulars ami amount of the intended claim: • Provided that non-compliance by either party with any of the provisions of this section shall not deprive such party of any rights under this Act if- the arbitratur is of - CopOimnipu , l . nlantChea. t there was reasonable excuse for such non~ Rules for 9. (1.) In ascertaining the amount of compensation ascertaining payable to the tenant in respect of any improvements : = ~ : s~ ! ion. m~ de by him, the arbitrator shall be guided by the [<!f. 63 & 64 following rules. ! ~ ci, c2~ O, (2.) The amount to be awarded shall be such sum as fairly represents the value of the improvements to an incoming tenant. (S.) There shall not be taken into account as part of such improvements what is justly due to tbe inherent capabilities of the soil. (4.) There shall be taken into account by way of set off against such improv€ments- (i.) Any benefit which the landlord has given or allowed to the tenant in consideration of the tenant making the improvements; (ii.) Any sum due to the landlord from the tenant for rent or otherwise; (iii.) Compensation to the landlord by way of damages for any waste, or for any breach of covenant, contract, or agret'ment connected with the tenancy committed or permitted by the tenant, but the landlord shall not be entitled to have taken into account any waste or breach by the tenant in relation to a matter of husbandry or

LANDLORD AND TENANT. 1905. Agricultural Holdings .dct. cultivation committed or pe.rmitted m re' than two years before' the determina,tion of the te,nancy; a,nd (iv.) Any rates, taxes, or assessments due ~ of the holding to which the tenant is between himself and the la,ndlord. 10. Where any money agreed to be paid f r com- Recovery ~ f pensation, costs,. or other, , : is~ is not paid withi!l ~ urteen [ ~ f~ p: & tlrn. · days after the tIme when It IS agreed to be paId, It shall Vic. c. 61, be recoverable upon an order made by a judge of a District s, 24.J Court as money ordered to be paid by a .District ourt in its ordinary jurisdiction is recoverable. Where any money awarded to be paid for co pensa- tion" costs, or otherwise is not paid in accordance w th such order,.a copy of such award may be filed in the offi. e of the registrar of the nearest District Court, and thereu on such order may be enforced in all respects as if it we e judg- ment of such District Court for the amount due, ogether with the costs of and incidental to enforcing the s me. 11. (1.) W.here the landlord is a person en itled to Landlord who orethceeriWveI . Stehethreann , tsfoarnhdI . Sproowfintsboefneafnity, thhoeldainmgoausnat t d este f' reo O m r V[ isCiacf. . t4rcu. 6s6t & 1ee, 4.7 such landlord in respect of compensation, costs, 0 other- s. 31.J wise shall not be recoverable personally again t him, nor shall he be under any personal liability to ay such amount, but the same shall be a charge on and ecover- able against the" holding. If such landlord has not paid to the ten nt the amount due to him within fourteen days after the ti e when such amount was agreed or awarded to be paid, hen the tenant shall be entitled to obtain from the Supre e Court or a Judge thereof an order in favour of him elf. his e~ ecutors, administrators, and assigns charging the holding to the amount due to him together with all costs ropedy incurred in obtaining the charge. (2.) Such landlord shall, either before or a er pay- ment to the tenant of·the amount due to him, be e itled to obtain from the Supreme Court or a Judge th reof an order charging the holding to the amount to be paid or paid, as the case may be, to the tenant, together with all costs properly incurred in obtaining the charge. (i1.) Such Court or Judge may, by s~ ch ord r or by any subsequent order, give all directions neces ary for securing full legal effect to any such charge, and every such order shall be obeyed.

LANDLORD AND TENANT. A! Jricflltu' l' ~ l' Holtlin! J11 :Act. 5 "EDw. VII. No. 1i, Compensatior- 12. (1.) Where a tenant holds land under a contract ~~ : : ants, Of tenancy with the mortgagor, and such land is mort- mortga~ ee in gaged at the time when such contract wa.s made, Of' p [5 o 3 sse & SS 5 l 4 Or V ... lC. i . s . subse ' qu . ently mortO 0 'aO 0 'ed .' and the mortg'agee enter ' s c. 57, 8. 2.] mto posseSSIOn of the holdmg, then the tenant shall, as again8t such mortgagee in possession, be entitled to any ".'!. ','" compensation which is or would be due to 'the, t~ nant .Ji, from the mortgagor. ' . (2.) Before such mortgagee deprives the tenant of 'posse:;sion of the holding otherwise than in accordance with !3uch,contract, he shall give to the tenant six months~ notice in writing of his intention so to' deptive him.. .' (3.) In ascertaining the amount of such compensation payable by the mortgagee the arbitrator shall have regard- to the same rules as are hereinbefore provided for the- ascertainment of compensation payable bya landlord, with this addition-that compensation shall be paid to the tenant. for his crops, and for any expenditure upon the land which he hasruadein the expectation of holding the land for the-- full term of his contract of tenancy, in so far as any {1I" .". ': improvement resulting therefrom is not exhausted' at the· ,,\ , ." time of his being deprived of possession. I '.; , . (4.) Save as aforesaid, such compensation shall be' l,'" . determined and recovered in like manner as compensation' under this Act, and for all such purposes the expression "landlord," wherever used in this Act, shall be deemed to. include such mortgagee in possession. Incoming la. Where an incoming tenant has, with the consent. ::ant's daim in writing of his landlord; paid to. an outgoing tenant any compensation compensa.tion in respect of .the.' whole or.par.t of any: ~f~ d& 47 improv~ ~ ent, ..such incpming tenant. shall ue e~ title~ , Vic. c. 61, on qmttmgthe., holdmg,. to obtam compensatIOn ID s. 56.J respect of such improvement or part in like Il!anner (iL' at all) as the, outgoing .. tenant would have been entitled if he had remained tenant of the holding, and had quitted the holding at the time when the incoming tenant quits the same. Change of .•. 14. AtenaIit who has remained on his holding during' :n: ff~ ~ not a. cha,nge or changes of tenancy shall not thereafter, on right to . quitting his holding at'the determination of a tenancy,. be- [ ~ P: : :t~7n. < l~ priyed of'his rig4t to compensation in respect of improve~ Vie. c. 61, ments by reasoI,l only that such improvements were made- s.58.] pYh:im during a form~ r tenancy or tenancies, and no~ dUring' the 'teriancyat the determination of which he is quitting. . '

1905. LA.NDLORD AND TEN A.NT. Agricultural Holdings Llvt. , 8881 15. A tenant may remove all fruit trees planted by Right/to him on hi,s ho . lding and not permanently set out in an trreemesovneoftruit· orchard; but If he does not remove such trees before the permanently determination of his tenancy, such trees shall become and 8et~ u~ in remain the property of the landlord, and the tenant shall [ ~ ~ ~ 59 Vie. not be entitled to any compensation in respect thereof. e. 27, s. 3 (5).J 16. Any notice or other instrument under this Act Ser:viee of ~ ay be served on the per~ on .to wh~m it is. to be given [g1.c: 6 & 47 eIther personally or by leavmg It for hIm at hIS last known Vie. e. 61, p)ace of abode, or by sending it by post in a registered s. 28.J letter addressed to him there. . 17. The landlord of a holding', or any person Power of authorised by him, may at all reasonable times enter on [ ~ ~ ry63 & 64 the holding, or any part of it, for the purpose of viewing Vie: c. 50, the state of the holding. s. 5.J 18. Nothing in this Act shall take away, abridge, or Ge~ eral prejudicially affect any power, right, or remedy of a land- 8~v~ ~gof :6 lord, tenant, or other person vested in or exercisable by [ ~ f. & 47 rheismpebcty 0 v f iratnuye coofntarnacyt, ootrhem . r rAescpteoctr olfawan, yorI . mupnrdoevremorenitn, s V . . l 6 C 0 . . e J . 61, waste, tillages, away-going crops, fixtures, rents, rates, assessments, or other things. 19. The Governor in Oouncil may from time to time Regulations. make Regulations appointing a scale of costs of proceed- ings under this Act and generally for giving effect to this Act. All such Regulations upon being published in the Gazette shall have the same force as if they were enacted in this _\.ct. SCHEDULE I. PART I. 1. Drainage of land. 2. Erection or enlargement of buildings. 3. Making of fences. 4. Formation of silos. 5. Making of water meadows or works of irrigation. 6. Making of dams for the conservation of water, or wells. 7. Clearing ot land. Sections 4 and 5.

LANDLORD AND TENANT. Agricultural Uoldillgs Act. 5 Enw. VII. No. 11, PART n. 8. Liwing of land. 9. Manuring of land with purchased artificial or oth~r purchased manures. 10. Laying down pasture with clover, grass, lucerne, sainfoin, or other seeds sown more than two years prior to the determination of the tenancy. 11. Making of plantations of bananas or pineapples. 12. Planting of sugar-cane. 13. Planting of orchards with fruit trees permanently set out. 63 & 64- Vie. e. 50, Seh. H. [SeetiqD 7.J SCHEDULE H. RULES AS TO ARBITRATION. :PART I. ARBITRATION BEFORE A. SINGLE ARBITRATOR. Appointment of Arbitrator. 1. A person agreed upon bt'tween the parties, or in default of agreement Dominated by the Secretary for Agriculture, herein called the Mi~ ister, on the application in writing of eithel.' of the parties,shq,ll be appointed arbitrator. . 2. If a person appointed arbitrator dies, or is incapable of acting, or for seVfln days after notice from either party requiring him to a.ct fails to a.ct, a new arbitrator may be appointed a.s if no arbitrator ha.d been .a.ppointed. . 3. Neither pa.rty sha.ll have power to revoke the appointment of the -arbitrator without the consent of the other pa.rty.. 4. Every appointment, notice, revocation, and consent under this Part of these rules must he in writing. Time jor Award. 5. The arbitrator shall make and sign his award within twenty.eight days of his appointment or within such longer period as the Minister play (whether the time for making the a.wa.rd has expired or not) direct. Removal of Arbitrator. S. Where an arbitra.tor bas misconducted himself the Supreme Court- or a Judge thereof may remove him. Evide'l'lc(J. 7. The pa.rties to the arbitration, and all persons cla.iming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrator, on oath or affirmation. in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitl.'ator all samples, books, cleeds, papers, accounts, writings, and documents, within their possession or power respectively which may be required or called for, and do all other things which during the proceed- ings the arbitrator may require. 8. The arbitrator shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, anlt witnesses shall, if the arbitrator thinks fit, be examined on oath or affirmation.

LANDLORD AND TENAN'I'. 1905. A.r;riculturai Holdings Act. Statement of Case. 9. The arbitrator may at any stage of the proceE'dings, and shall, if so directed by a judge of the Supreme Court (which direction may be given on the application of either party), state in the form of a special case for the opinion of that court any question of law arising in the ·course of the arbitration. Award. 10. l'he arbitrator shall on the application of either party specify ~ he amount awarded in respect of an.v particular improvement or [mprovements, and the award shall fix a day not sooner than one month nor later than two months after the delivery of the award for the pay- "ment of the money awarded for compensation, costs, or otherwise, and shall be in such form as may be prescribed by the Minister. 11. The award to be made by the arbitrator shall be final and bind- ing on the parties and the persons claiming under them rellpectively. 12. The arbitrator may correct in an award any clerical mistake or -error arising from any accidental slip or omission. 13. When an arbitrator has misconducted himself, or an arbitration <>r award has been improperly procured, the Supreme Court or a Judge thereof may set the award aside. Oosts. 14. The costs of and incidental to the arbitration and award ",hall bfl in the discretion of the arbitrator, who may direct to and by whom and in what manner these costs or any part thereof are to be paid, and the costs shall be subjert to taxation by the proper officer of the Supreme -Court on the application of either party. 15. The arbitrator shall, in awarding costs, take into consideration the reasonableness or unreasonableness of the claim of either party, either in respect of amount or otherwise, and any unrea~ onable demand for particulars or refusal to supply pnrticular~ , and generally all the ·circumstances of the case, and may disallow the costs of any witness wholli he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. Forms. 16. Any forms for proceeding~ in arbitrations unrler this Act which may be prescribed by the Minister shall, if used, be sufficient. PART n. ARBITRA.TION BEFORE Two ARBITRATORS OR A.N UMPIRE. Appointment of Arbitrators and Umpire. 1. If the parties agree in writing that there be not a single arbitrator, 'each of them shall appoint an arbitrator. 2. If before award an arbitrator dies or is incapable of acting, or for seven days after notice from either party requiring him to act fails 'to act, the party appointing him shall appoint another arbitrator. 3. Notice of every appointment of an arbitrator by either party shall be given to the other party. 4. If for fonrteen days after notice by one party to the other to :appoint an arbitrator, or another arbitrator, the other party fails to do so, then, on the applilfation of the party giving notice, the Minister shall appoint a person to be an arbitrator. 5. Where two arbitrators are appointed, then (subject to the provi- sions of these rules) they shall, before they enter on the arbitration, appoint an umpire. • 8883

8884 LANDLORD AND TENANT-LANDS. Iderawall Estate Special Purchase Act. 5 Enw. VII. No. 21, 6. If before award an umpire dies, or is incapable of acting, or for seven days after notice from either party requiring him to act fails to- act, th€ arbitrators may appoint another umpire. 7. If for seven days after request from either party, the arbitratorS' fail to appoint an umpire, or another umpire, then, on the application of either party, the Minister shall appoint a person to be the umpire. 8. Neither party shall have power to revoke an appointment of an arbitrator without the consent of the other. 9. Every appointment, notice, request, revocation, and consent under this Part of these rules shall be in writing. Time for Award. 10. The arbitrators shall make and sign their award in writing within twenty-eight days after the appointment of the last appointed of them, or on or before any later day to which the arbitrators, by any writing signed by them, may enlarge the time for making the award, not being more than forty-nine days from the appointment of the last appointed of them. 11. If the arbitrators have allowed their time or extended time to eXJ>ire without making an award, or have delivered to either party or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the arbitration in lieu of the arbitrators_ U. The umpire shall make and sign his award within one month after the original or extended time appointed for making the award of the arbitrators has expired. 13. The time for making an award may from time to time be extended bv the Minister, whether the time for making the award has expired or not. Removal of Arbitrator, Evidence, Statement of Case, Award, Costs, Forms. 14. The provisions of Part I. of these rules as to the removal of an arbitrator, the evidence, the statement of a ease, the award, C08ts, and forms shall apply to an arbitration in aceordance with this Part as if the expression" arbitrator" whenever used in those provisions included two arbitrators or an umpire, as the case may require. LANDS. Ideraway Estate Special Purchase Act 0/,1905 5 Edw. VILNo. 21 SLpaencdialAActgsriacnudltuArgarlicSuellteucrtiaolnLs dAncdtsoPfu1r9c0h5ase Acts " " 20 Amendment Act of 1905 " " 28 5 E N d o w . . 2 V 1. II. An Act to Make Provision for the Purchase of THE the Ideraway Estate, in the Burnett District, . IDERAWAY ESTATE for Settlement under "The Agricultural. SPECIAL PUR- OHASE ACT Lands Purchase Acts, 1894 to 1901." OF 1905. [ASSENTE 11 TO 18TH DECEMBER, 1905.] W Preamble. HEREAS it is desirable that certain lands known as the Ideraway Estate, in the Burnett District, should be acquired from the owner thereof for settlement unde!! •