Agricultural Lands Purchase Acts Amendment Act of 1901 (1 Edw VII No. 9) (Qld)

LANDS. 1 EDW. VII. No. 9. AQricultural Lands Purchase Acts Amendment Act. 8183 LANDS. Agricultural Land Purchase Acts Amend- ment Act of 1901 1 Edw. VII. No. 9 A.qricultural Lands Special Purchase Act SPSppreeiccciokiaalflly1S9. PaA0le. e1. aqsrroicSfueLllteuacrntaidlonAHscoAtmcoetfs0t1e{ 9a10d!1sl01Act of 1 1 1 " " " " " " 2 1 3 7 1 Pasto 1 r 9 a 0 l 1 Ho . l . dings New L;ases Act of1901 11 " " " " 1225 An Act to Amend "The Agricultural Lands Purchase 1 Edw. VII. Acts, 1894 and 1897." No. 9. THE AGRICUL- [A SSENTED TO 27 TH. N l OVEMBER, 1901 • ] TUPRUARLOLHAANSEDS B E it enacted by the King's Most Excellent Majesty, A~ ~ N' : - 1~ ~ D­ by and with the advice and consent of the Legis- OF 1901. 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 Agricultu1'al Land'«Shorttitleand Purchase Acts Amendment Act of 1901"; shall be read construction. and construed with and as an amendment of "The Agri- cultural Lands Purchase Acts, 1894 and 18!-J7,"* and may be cited together with those Acts as "The Agricultural Lands Purchase Acts, 1894 to 1901." 2. After section one of the Principal Act, the follow- Amendment .ing new section is inserted ;_ of 58 Vie. No. 27, ss. 2 lA. For the purposes of this Act the expression and 5. "agricultural settlement" shall be deemed to include " settlement for dairying purposes." In this Act the expression "Minister" means the Secretary for Public Lands or other Minister of the Crown who for the time being performs his duties. In section five of the said Act the words" the Secretary for Public Lands or other Minister who for the time being performs his duties (hereinafter called' the Minister')" are repealed, and the words "the Minister" are inserted in lieu thereof. 3 The following provision is added to section three Amendment o f th e Sal .d A et:- of 58 Vie. No. 27, s. 3. Every such offer shall be accompanied by a plan or description of such land for the purpose of delineating its position upon plans in the office of the Surveyor-General. As soon as may be thereafter the' owner of the land shall • 58 Vie. No. 27, supra, page 4988, and 61 Vie. No. 13, supra, page 6223.

8134 LANDS. Agricultural Lands Purchase Acts Amendment Act. 1 EDW. VII. No. 9, transmit to the Minister such sum of money as in the estimation of the Surveyor-General is sufficient to cover the cost of a feature survey of such land. Upon the receipt of such sum by the Minister the Surveyor-General shall cause such feature survey to be made by a surveyor appointed by him in that behalf, and shall transmit the survey plan and all accompanying documents to the Minister. oNAfom 5 . e 8 2n7Vd, mi B c . . e 4 n . t offer 4 sh . aIlln bseectrieofnerfroeudr otof tthheesaLidanAdctBtohearwdo"rdasre"Arenpyeasluecdh, and the words " After such survey every such offer and the survey plans and accompanying documents shall be referred to the Land Court constituted by the three members thereof sitting tog-ether" are inserted in lieu thereof. The following provision is added to the said section :- For the purpose of enabling the Court to furnish such report the members thereof shall make an inspection of the land either jointly or independently. The report shall, however, be the report of the Court constituted as aforesaid, provided that any member shall have liberty to record in the report any individual difference of opinion with respect to all or any matters reported upon. Amendment 5. After subsection three of section four of the said oNfo 5 . 8 27V, i B e B . . 4 Act, the following provision is inserted : - and 5. (3A.) What proportion of the land is suitable for· cultivation, and what proportion is suitable only for dairy- ing purposes. The following proviso is added to section five of the said Act;- Provided that no land shall be deemed to be suitable for agricultural settlement or be purchased under the pro- visions of this Act, unless the Land Court reports that at the least one-fourth part thereof is suitable for cultivation. Valuation of 6. For the purposes of " The Valuation and Rating s c e o l n e d c i t ~ l i o o n n h al eld Act o • f 1890 ' ,,* and notwithstanding the pr • ovisions therein under license contamed, the value of lands selected subJect to the pro- to ~ ccyY or visions of " The Agricultural Lands Purchase Acts, 1894 un er eaBe. and 1897,"t as conditional selections, while the same are held under a license to occupy, shall be estimated at the fair average value of unimproved land of the same quality held in fee-simple in the. same neighbourhood. 54 Vie. No. 24, supra, page 4020. t 58 Vie. No. 27, supra, page 4988, and 61 Vic. No. 13, supra, page 6223.

LANDS. 8135 1901. Agricultural Lands Purchase Acts Amendment Act. 7. (1.). An' applicant under the provisions of "The Prior!-ty of Agrioultural Lands Purohase Acts, 1894 to 1901," for an ~ ~ ~ ~ ~ ~ ti( ) n8. agricultural farm shall be granted priority if in making- his application he declares in writing that he undertakes to continuously and bona fide occupy the land during the first five years of the term of the lease: Provided that if two or more such applican~ s are present at the Land Agent's Office at or before the time appointed by the Proclamation, the applications lodged by them shaH be deemed to be lod~ ed at the same time~ In such case the right of priority shall be determined by lot in the manner prescribed by " The Land Act, 1897."* . (2) Everv lessee who has so declared as aforesaid Occupation"tO' shaH occupy the land continuously and bona fide during ~ 8fde~ ~ ~ ~ ~ the first five years of the t.erm of' the lease. Such occupation shall be by the continuous and bona fide personal residence of' the lessee on the land: Providt"d that if the original lessee dies before the expiration of such period, the condition of occupation may be performed by the continuous and bona fide residence OD the land for the remainder of such period of' some person beneficially interested in th~ land under the will, or as one of the next-of-kin, or as the widow or widower of the original lessee, or of some other person who is the actual and bond fide mana~ er or agent of' some person so interested for thB purpose of the use and occupation of ihe land, and whose appointment is made and registered in manner prescribed by " The La.nd Act, Ib97,"* in the case of an agricultural farm, whether such other person is or is not himself qualified to select similar land: Provided further that if the original lessee becomes insane before the expiration of such period, the Court may allow l.he condition of occupation to be performed by the continuous and bond fide residence upon the land of the wire or husband or some other member of the family of such lessee, or of some other person who is the actual and bond fide manager or agent of his wife or other mpmber of his famIly, and whose appointment is made and registered in manner hereinbefore prPRcribed, whether such other person is or is not himself' qualified to select similar land. (3.) If at any time during such period it is proved tOFOl'feiture for the satisfaction of the Land Commissioner that there has non-perform- been a failure to perform the condition of occupation, the ~ ~ ~ ~ i~ on of Minister may (subject to the provisions in respect of occupation. forfeiture contained in "The La,nd Aot, l897,"* with • 61 Vie. No. 25, 8upra, page 6228. E

8136 LANDS. A.gricultural Lands Special Purona'B A.ct. 1 EDw. VII. No. 23, respect to an agricult~ ral farm), by notification in the Gazette, declare the lease absolutely forfeited and vacated; and thereupon the land shall revert to His Majesty. Prohibition of (4.) The lessee shall not during such period mortgage, : ~~ J: ~ ~ or assign, or transfer the lease or his right, title, or interest thereunder to any other person. Upon any such mortgage, assi~ nment, or transfer, whether by operation of law or otherwise (except in case of the insanity of the lessee), the lease shall be forfeited; and thereupon the land shall revert to His Majesty. .Amendment 8. In subsection four of section three of" The Agri- N Of 06. 113V, 8ie. . 3. cultural Lands Purchase Act o( 1897"* the word "three" iR repealed, and the word " six" is inserted in lieu thereof. Conditions to 9. A lessee of an Agricultural .Farm may at any time : : t~ ~ ~ ~ ' : : : } . after the issue of a lease to him pay the amount of the ing purchasing price remaining to be paid by him upon acquiring ; ~ : ~ : ! ~ d the fee-simple of his Farm, but no such payment shall entitle the lessee to receive a deed of grant of such Farm unless or until the provisions of section one hundred and thirty-four of " The Land Act, 1897,"t have been complied with. An Act to Make Provision for the Purchase of Certain Lands for Settlement under the provisions of "The Agricultural Lands Purchase Acts, 1894 to IS01." [ASSENTED TO 31ST DECEMBER, 1901.] L ENdow.. 2 V 3. II. WHEREAS the demand for land situated in certain THE AGRI- localities and suitable for immediate settlement °L:::-L under the provisions of" The Agricultural Lands Pur- pSPEOIAL chase Acts, 1894 to 1901,"t is greatly in excess of the Ao~R~ :t: l. quantity of Crown lands available for such settlement in Preamble. such localities, and it would be of manifest public advan- tage to make provision for satisfying the requirements ot intending selectors in this respect: And whereas it appears from official reports, plans, and other information laid before Parliament that the lands hereinafter referred to are so situated, and are of such character as to· be suitable for suoh settlement and are likely to be imme- diately seleoted if acquired by the Crown, and the several owners have offered to surrender to the Crown the said «< 61 Vie. No. 13, supra, page 6223. t 61 Vie. No. 25, supra, page 6228. :I: 58 Vic. No. 27, supra, page 4988; 61 Vie. No. 13, supra, page 6223; and 1 Edw. VII. No. 9, last preceding Act.