Agricultural Township Portions Act of 1927 (18 Geo v No. 12) (Qld)

11982 LAND, CROW~ . PART VII.- - - - - - - - - ApPLICATION OF Agricultural TOWIISll1:p Po'rtions Act. 18 GEO. V. "Xo.l2'r PROVISIOXS OF THIS ACT TO Provided that in the exercise, by the Prickly-pear PRICLKALXYD-P.EAR Land Commission, of such powers, authorities, jurisdic- tion, and duties, there shall be no appeal from the decision of such Commission to the Land Court or Supreme Court or other tribunal whatsoever. Whenever in this Act the Minister is empowered or required to exercise or discharge any power, authority, or duty, the same shall, with respect to such prickly-pear land, be exercised and discharged by him after the consideration by him of the recommendation of the Prickly-pear Land Commission. 18 Geo. V. An Aot to Make Provision for the Issue of Deeds' No. 12. THE AGItI- of Grant in respect of Certain Portions of CULTURAL TOWNSH[P Land in Agricultural Townships set apart PORTIONS ACT OF 1927. under the Provisions of Section 22 of "The Crown Lands Act Amendment Act of 1886" , to Provide for the Payment of Compensation in, respect of Certain Portions and to Deolare, that Certain Portions shall be Crown Land; and for' other oonsequential purposes. [ASSENTED TO 17TH DECEMBER, 1927.] 'W HEREAS by virtue of the provisions of section twenty-two of *"The Crown Lands .Jet Amendment Act of 1886" (which said Act was repealed with certain saving of rights and liabilities by t"The LandAct, 1897") it was enacted that in any Agricultural Area (defined by t"The CrownLandsActof1884 "- also repealed with certain saving of rights and liabilities by t"The LandAct, 1897"-as meaning Crown lands proclaimed as such under the provisions. of that Act) in which the maximum area of any surveyed farm did not exceed one hundred and sixty acre3 the Governor in Council might by Proclamation set apart any Crown lands not exceeding two square * 50 Vic. No. 33, repealed (P. & W., page 1174). Index Volume. t 61 Vic. No. 25, repealed (P. & W., page 6228). Index Volume. t 48 Vie. No. 28, repeeIed (P. &. W., page 1137). Index Volume. See Historical Table, See Historical Table, Set; HistGrical Table,.

LAND, CROWN. 1927. Agricultural TownskiJp Portions Act. miles as an Agricultural Township and might cause the whdle or any part of such lands to be subdivided into portions not exceeding one acre in area in respect of each portion for purposes of residence: And whereas it was also provided by the said section that the Governor in Council might reserve agricultural farms, the maximum area of which did not exceed eighty acres, in the immediate neighbourhood of any such Agricultural Township for selection under the provisions of that section: And whereas it was further provided by the said section that any selector of an agricultural farm in the Agricultural Area the area of which did not exceed eighty acres should also be entitled to one of the por- tions in the township, which portion should for the purposes of such section be deemed to be part of the farm so that the condition of occupation might be performed by the residence of the lessee either upon the farm or upon the portion in the township: And whereas certain Agricultural Townships were duly proclaimed by the Governor in Council: And whereas cases have occurred wherein the deed of grant which was issued for such agricultural farm included the land comprised in such actual agricultural farm but did not include the land comprised in respect of the portion of the township as hereinbefore referred to: And whereas in certain of such cases a deed of grant has not been issued for a portion comprised in the township: And whereas cases have arisen in which the Crown has ~ ither dedicated certain of sueh township portions, either wholly or in part, for road purposes or sold certain others of them by auction or dealt with certain others of them otherwise than in accordance with the pro- visions of the said section: And whereas questions may arise as to whether or not the Crown is liable by action or otherwise by so dealing with such township portions, and it is desirable to set all such questions at rest: And whereas it is expedient that action shall be taken by the Crown with a view of declaring certain township portions to be Crown lands, at the same time K 119-83

11984 LAND, C~OWN: . Agr.icultural Township Portions Act. l8 Gm. V. No. 12, affording full opportunity to the selector as hereinafter defined either to establish his claim to a deed of grant in respect of the said township portion or otherwise to establish a claim for compensation as hereinafter provided: Be it therefore enacted by the King's Most Excellent Maj esty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as "The Agricultural Township Portions Act of J927." Definition.'l. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say ;- Court. " Court "-The Land Court constituted under *" The Land Act of 1910" and any .t\ct amending the same; Minister. "Minister" -The Secretary for Public Lands or other Minister for the time being adminis- tering the Department of Public Lands ; Mortgage. "Mortgage"-Any charge whatsoever upon the township portion for the securing of money; Mortgagee. ., Mortgagee"-Every person entitled at law or in equity to a mortgage or any part thereof; Prescribed. "Prescribed"-PresClibed by this Act and any regulations made thereunder. Selector. " Selector "-Any selector of an agricultural farm in an Agricultural Area (such agricul- tural area being defined by t" The Crown Lands Act of 1884"), the area of whose agricultural farm did not exceed eighty acres, and who was entitled by virtue of the provisions of section twenty-two· of t" The Crown Lands Act Amendment Act ot 1886" to one of the portions of an Agricultural Township proclaimed as such under the provisions of that section: the term also includes his heirs, executors, administrators, or assigns; '" 1 Geo, v. No. 15 and amen\iing Acts, supra, pages 8775 et seq. t 48 Vie. No. 28, repealed (P. & W., page 1137). See Historical r",ble. Index Volume. t 50 Vie. No. 33, repealed (P. & W., page 1174). See Historical Tabl~ . Index Volume.

LAND, CROWN. 11985 1927. Agricultural Tou:1tship Portions Act. "Township portion"-A portion in an Agricultural Township Township as proclaimed by virtue of the portion. provisions of section twenty-two of *" The Crown Lands Act Amendment Act 0/ 1886" ; 3. (1.) Any person claiming to be entitled as a Application selector to any township portion for which a deed of ~ ~: ~ :. ed of grant in pursuance of the provisions of section twenty-two of *" The Crown Lands Act Amendment Act of 1886" has not been issued or which in pursuance of the provisions of such last-mentIOned section has not been included in any deed of grant may, within six months . after the passing of this Act, apply in the prescribed form to the Minister for the issue of a deed of grant to him in respect of such township portion. Such application shall be accompanied by a statu- tory declaration in support thereof setting forth the grounds on which such claim is made and by a deed fee as prescribed by t" The Land Act ot 1910" and its several amendments and such assurance fee as may be required pursuant to the provisions of t"The Real Property Acts, 1861 to 1887," and such other particulars as may be prescribed. (2.) The Minister shall consider such application, Minister to and if he is satisfied that the applicant has proved his eonsl~ detr. cIal·m t 0 t he s'adl townshl' p portI,On and has comp}l'ed app !Ca IOn. with all necessary requirements of this Act, and that such applicant is entitled to such deed of grant in respect of such township portion, he is hereby empowered to recommend to the Governor in Council that a deed of grant of such township portion be issued to such person claiming to be entitled as a selector accordingly on payment of a peppercorn if demanded. (3.) If the Minister is not satisfied that the applicant Minister is entitled to sU:3h deed of grant, he shall notify such may refuse applicant of his refusal to recommend the issue of such ~~ ct7: :. en­ deed of grant to him. (4.) Within one month from the date of the Applica~ t Minister's notification to him as aforesaid, the applicant : 7e~ ~ tIfy may notify the Minister that he desires that his claim for a deed of grant in respect of such township portion be referred to the Court. 5Q Vie. No. 33. t 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8.775 et seq. t 25 Vie. No. 14, 41 Vie. No. 18, 48 Vie. No. 4, a:nd 51 Vie. No. 3, 8upra, pages 2984, 3033, 3043, and 3044

11986 LAND, CROWN. Agricult1tra~ Township Portions Act. 18 GEO. V. No. 12, Minister to (5.) Thereupon the Minister may refer such a pplica- arepfpelrication tion to the Court, whose decision thereupon shall be final to Court. and without appeal, and shall not be subject to any further review in any other court of law or tribunal whatsoever. Constitution (6.) For the purpose of hearing such reference thereof. from the decision of the Minister the Land Court shall be constituted by one member only. Power of Court. (7.) If the Court is satisfied that the application is one in which a recommendation should be made that a deed of grant should be issued to the applicant, it shall recommend accordingly; and such recommendation of the Court shall be treated in all respects as if the Minister had made such recommendation: Minister (8.) Provided that nothing in this section shall in ~ oaJ. . : efer to any wise prevent the reference by the Minister of his . own motion of any application to the Court. Rights of mortgagee. 4. (1.) Any person within six months from the passing of this Act may, in the prescribed form, accom- panied by a statutory declaration setting forth the facts of the matter, notify the Minister that he has as mortgagee advanced money on a township portion, such township portion being the security or part of the security for the sum so advanced, and that such advance in respect of such township portion remains in whole or in part unsatisfied. Reference to (2.) Such notification shall be referred by the Court. Miuister to the Court, constituted by one member thereof, and the Court shall have power to make such order in such matter as in its discretion it shall deem equitable and proper in the circumstances. Order. General. (3.) Such order shall be obeyed and shall be final and conclusive, and shall not be subject to any further review in any other court of law or tribunal whatsoever. In such order the Court may give any directions as to the compliance therewith as it shall think. fit. (4.) The Governor in Council or the Minister is hereby empowered to do and give effect to all matters and things which may be considered necessary to give full effect to the order of the Court pursuant to this section.

LA:r-,l), CROWN. 11987 1927. Agricultural Township Portions Act. (5.) Regulations may be made to give full effect to the provisions of this section. 5. (1.) If any township portion has been alienated or No.right of dealt with in any manner by the Crown otherwise than : ~ ~ i~ ~ t in pursuance of the provisions of section twenty-two of Crown. *"The Grown Lands Act Amendment Act of 1886," such alienation or dealing therewith shall be valid and effectual for all purposes, and no action, indictment, information, or other proceeding shall lie or be com- menced, presented, prosecuted, or maintained against the Crown or the Secretary for Public Lands or any officer of the Department of Public Lands or the person to whom a deed of grant in respect of such township portion was issued or his successor in title, in respect of such alienation or dealing: Provided that if in respect of any such township Saving right portion any person has claimed that he is entitled to a ~ to~ ~ mpensa­ deed of grant in respect of such portion in accordance with the provisions of section three of this Act and the Minister or the Court, as the case may be, is satisfied that but for such alienation or dealing by the Crown a recommendation would have been made that a deed of grant should be issued to such person, such person shall be entitled to receive compensation, to be determined in the manner hereinafter set forth, in lieu of the issue to him of such deed of grant. (2.) The amount of such compensation payable to C.ompensa- such person shall be determined by the Court consisting ~ ~tr:; r!~ : ed. of one member, and the decision of such Court shall be final and binding and without appeal, and shall not be subject to any further review in any other court of law or tribunal whatsoever. Such compensation shall be of an amount which shall be equal to the fair value, as at the time of the alienation of or other dealing with such township portion by the Crown, of unimproved land of the same quality held in fee simple in the same neighbourhood: Provided that the Court in any determination under this subsection shall not include therein any amount whatever by way of interest. * 50 Vie. No. 33.

11988 LAND, CROWN. Agriculttl'l"al Township Portions Act. 18 GEO. V. No. 12, No fnrther claims recognised. 6. When a deed of grant of any township portion has been issued by the Governor in Council in accordance with the provisions of this Act, no further claim in respect of such township portion, whether by way of compensation or otherwise howsoever, shall be made, and no action, indictment, information, or other proceeding shall lie or be commenced, presented, prosecuted, or maintained against the Crown or the Minister or the grantee or any other person for or in respect of the issue by the Governor in Council of such deed of grant in respect of such township portion. oo Ra ff t Pr i e f rS i oC c c ~ ISl t aS i. mIO on an. comm 7. enScuebmjeenctt 0 t f o t h th I ' S isAActcto, f thane yrePsrcoiscsliaomn atbieofnoriessutheed rtpieooswncienardntdo b A y ct v A i m rt e u n e d o m f en se t c A ti c o t n of tw1e8n8t6y,- " twseottionfg * a " p T a h r e t C C r r o o w w n n L I a an nd d s s under" The in an Agricultural Area as an Agricultural Township, f:;::',;tct of whether such rescission purported to have been effected pursuant to the provisions of t' 'The LandAct, 1897" (repealed, with certain savings, by t"The Land Act of 1910") or pursuant to the provisions of t"The LandAct of 1910" and its several amendments, is hereby approved, ratified, and confirmed. Moreover, it is hereby declared that it shall be lawful for the Governor in Council, pursuant to the provisions of t"The LandAct of 1910" and its several amendments, by Proclamation published in the Gazette, to rescind any Proclamation not heretofore rescinded issued by virtue of the provisions of section twenty-two of *"The Crown Lands Act Amendment Act of 1886," setting apart Crown lands as an Agricultural Township, pursuant to such section. Reversion to Crown as Crown land. 8. Every township portion- (a) For which no claim under the provisions of either sections three or four has been made, shall after the expiration of six months from the passing of this Ac,t- (b) For which a claim has been made pursuant to either of such sections, and such claim has been rejected by the Minister or the Court, as the case may be, shall after the expiration of six months from the passing of this Act, or three ~ 50 Vic. No. 33. t 61 Vic. No. 25. t 1 Geo. V. No. 15 and amending Acts, BUpra, pages 8775 et seq.

LAND, CrtOWN. 11989 1927. Agricultural Township PO'rtions Act. months from the date of the notification of the rejection of. such claim by the Minister or the Court, as the case may be, whichever is the longer period- (c) For which a claim has been made pursuant to section four, and such claim has been the subject of an order of the Court, otherwise than an order directing the issue of a deed of grant to such person claiming pursuant to the provisions of such section, shall after the expiration of six months from the pass- ing of this Act or three months from the date of such or.der of the Court, whichever is the longer period- be and become Crown land within the meaning of and for the purposes of the law for the time being in force relating to the occupation, leasing, and alienation of Crown land. 9. The Governor in Council may from time to RE:'gulations. time make regulations that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act; and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. All such regulations shall be published in the Gazette, and shall thereupon have the same force and effect as if they were embodied in and formed part of this Act, and shall be judieially noticed. LAND, CROWN-RURAL FIRES. See FIRE. LAND, CROWN. See WIRE AND WIRE-NETTING.