Babinda Township Act of 1930 (21 Geo v No. 36) (Qld)

• 13354 SUGAR. Babinda Township Act. 21 GEO. V. No. 36, SUGAR. Babinda Township Act of 1930 Tully Sugar Works Act of 1930 Tully Sugar Worles Area Land Amendment Act of 1930 21 Geo. V. No. 36 21 Geo. V. No. 24 Regulations 21 Geo. V. No. 26 . 21 N Q o. eo 3 . 6 V . . An Act to Amend the Law in relation to the Tenure THE of the Lands comprised in the Babinda Town- BABINDA TOWNSHIP ship, to Amend "The Sugar Works Act of ACT OF 1930. 1911," and for other purposes. [ASSENTED TO 18TH DECEMBER, 1930.] B E it enacted by the King's Most Excellent Majesty, 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 Babinda Township Act of 1930," and shall come into operation on the first day of January, one thousand nine hundred and thirty-one, which date is herein referred to as the commencement of this Act. 2. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings c t against th!'nT respectively, that is to say : - Babinda township. " Babinda township "-The area of land reserved and set apart in the Sugar Works Area of Babinda for the purposes of a township in accordance with the provisions of *" The Sugar Works Act of 1911," as described in an Order in Council dated the twenty-fifth day of March, one thousand nine hundred and fifteen, and published in the Gazette of the twenty-seventh day of March, one thousand nine hundred and fifteen; Business lease. " Business lease"-A business lease as defined in the regulations under *" The Sugar Works Act of 1911 " ; Corporation. "Corporation"-The Corporation of the Treasurer referred to in *" The Sugar Works Act of 1911 " ; * 2 Qeo. Y. ='\0.8, supra, page 5211.

SUGAR. 13355 1930. Babinda Township Act. " Court "-The Land Court constituted under Court. *" The Land Acts, 1910 to 1929," or any Act amending the same; " Lease"-A business lease, or residence lease, or Lease. special lease; " Minister"-The Treasurer or other Minister for Mmister. the time being charged with the administra- tion of this Act; " Principal Act"-t" The Sugar Works Act ~ f 1911" Principal and any regulations or Orders in Council Act. made thereunder;· "Regulations"-Regulations made under the Regulations. authority of this Act; " Residence lease"-A residence lease as defined Residence in the regulations under t" The Sugar Works lease. Act of 1911 " ; "Special lease"-A special lease as defined in Special lease. the regulations under t "The Sugar Works Act of 1911 " ; "This Act"-This Act and any Proclamation, This Act. Orders in Council, or regulations made thereunder. 3. (1.) (a) Any lessee of a business lease or a resi- Application dence lease acquired and held under the provisions of ~ ~ ~ version the Principal Act may, on or before the thirtieth day of of tenure J une, one thousand nI·ne hundred and thI' rt y-one, or such loefabseusomr eass later date as the Minister in his discretion may allow residence either generally or in any particular case, give notice to lease. the Minister that he desires his lease to be deemed a lease for a term of twenty years, including a covenant entitling the lessee to a deed of grant or certificate of title in fee- simple; whereupon the subsisting lease shall be deemed to be a lease of the land therein referred to for a term of twenty years from the first day of January preceding the receipt of the notice, and an endorsement to that effect shall be made on the instrument concerned, which shall remain in force, together with all encumbranees thereon, until the issue of a deed of grant or certificate of tjtle of the land. * 1 Geo. V. No. 15 and amending Acts, I'upra, pages 8775 et 8eq. t 2 Geo. V. No. 8, supra, page 5211.

13356 SUGAR. Babinda l'ou.'nship Act. 21 GEO. V. No. 36, (b) Upon payment of an amount equal to twenty times the annual rent of the land under the business lease or residence lease, as the case may be, calculated from the first day of January preceding the receipt of the notice by the Minister and all other moneys due and upon performance of all the conditions of this Act and of the lease concerned, the lessee shall be entitled to a deed of grant or certificate of title of the land in fee-simple. (C) Past payments of rent prior to such first day of January under the previous tenure shall not be credited to rent payable under the new lease. Application (d) Notwithstanding the provisions of paragraphs for review of (a) and (b) of subsection one of this section, if the lessee, annual rent. at the same t' Ime as he I d 0 ges hI' S not'ICe, produces evidence that the annual rent of the land under the business lease or residence lease, as the case may be, is too high, he may at that time make application to the Minister on the prescribed form for a review of such annual rent. Grounds of Such evidence shall be in the form of a statutory application. declaration or an affidavit setting out fully the 'facts on which the lessee relies to support his contention' that the annual rent of the land is too high. No application for review shall be considered that is not accompanied by evidence as aforesaid. Reference to The Minister in his discretion may refer the Cour~ . application and accompanying declaration or affidavit to the Court with a request that the annual rent of the land referred to be determined. Determina. The Court shall thereupon determine the annual tion ofI rent of the land as at the date of the application for annua rent. reVI . eW 0 f such annuaI rent. I n such determm. at 1 ' 011 the Court shall have regard to the rental value of land of similar quality in the same neighbourhood, and may determine the rental at the same amount as the present rental of the land or at any amount higher or lower than such rental. The annual rent as so determined shall become the annual rent for the purposes of paragraph (b) of sub- section one of this section of the land, and any necessary adjustment shall be made accordingly.

SUGAR. 13357 1930. Babinda Township Act. (e) NDtwithstanding anything cDntained in any Act to. the cDntrary, when any lease dealt with under this sectiDn is charged Dr made security fDr the payment Df any sum Df mDney by the registratiDn Df a memDrandum of mDrtgage Dr charge, Dr is subject to. a sublease, such memDrandum Df mDrtgage Dr charge Dr sublease shall nDt be extinguished by any actiDn under the terms Df this sectiDn, and as between the parties to. the said memDrandum Df mDrtgage Dr charge Dr sublease and all Dther persDns such memDrandum Df mDrtgage Dr charge Dr sublease shall be and remain gDDd and effective. and shall have the same fDrce and effect as if the terms and cDnditiDns Df the Driginal lease had remained unaltered. (2.) The prDvisiDns Df the abDve subsectiDn tDgether Extension of with such terms, prDvisiDns, cDnditiDns, and stipulatiDns pro~ ~ sio~ / o as the GDvernDr in CDuncil may by Order in CDuncil so. f! ~ : . can or declare may be extended to. apply to. any case in which a perSDn has been an applicant for a business lease Dr a residence lease, in respect Df the land described in such applicatiDn, but in respect Df which land an instrument of lease has nDt been issued to. such applicant. 4. (1.) Any lessee Df a special lease as herein-Application befDre defined may give nDtice to. the Minister that he ~ ~ : versionof desires his lease to. be deemed a lease fDr such term as ten1lre of a may be fixed as hereinafter provided, including a special lease. CDvenant entitling the ,lessee to. a deed Df grant or certificate Df title in fee-simple. (2.) Such nDtice shall be given Dn Dr befDre the ~ i~ e fo~ thirtieth day Df June, Dne thDusand nine hundred and~ ~ i~ ~ thirtY-Dne, Dr such later date as the Minister may in his discretiDn allDw. (3.) UpDn receipt Df such nDtice as afDresaid the Provisions prDvisiDnS Df the last preceding sectiDn shall apply and~ ! ~ P; Jv. extend accDrdingly, subject to. any further terms, . prDvisiDns, cDnditiDns, stipulatiDns, and mDdificatiDns, which the GDvernor in Council by Order in CDuncil may . be pleased to. make either generally Dr in any particular case. (4.) The prDvjsions Df paragraph (d) Df subsectiDn Review of Dne Df the last preceding sectiDn prDviding fDr a review annual rent. of the annual rent Df the lease shall also. mutatis mutandis pply in respect Df any nDtice under this sectiDn.

13358 SUGAR. Babinda Township Act. 21 GEO. V. No. 36, - - - - - - - - - - -- - -- - -------------~ Existing (5.) Notwithstanding anything contained in any :o;tgages Act to the contrary, when any lease dealt with under subleases this section is charged or made security for the payment : ~ : i! ~ ~ : hed. of any sum of money by the registration of a memorandum of mortgage or charge, or is subject to a sublease, such memorandum of mortgage or charge or sublease shall . not be extinguished by any action under the terms of this section, and as between the parties to the said memorandum of mortgage or charge or sublease and all other persons such memorandum of mortgage or charge or sublease shall be and remain good and effective, and shall have the same force and effect as if the terms and conditions of the original lease had remained unaltered. Effect of not giving noNce. 5. In the event of any lessee not giving such notice as provided in sections three and four of this Act, such lessee shall hold and continue to hold his lease under the same terms, provisions, conditions, and stipulations subsisting at the commencement of this Act. Payments to 6. All moneys received from a lessee in respect of gc oortoporatI' on. sections three and four of this Act shall be paid to the Corporation and may be appropriated to consolidated revenue or otherwise app1ied as the Corporation may in its discretion deem advisable. Land in 7. (a) Notwithstanding anything contained in *" The tBoawbnisnhdiap to Sugar Works Act of 1911," on and after the date of the be rateable commencement of this Act all land in the township of ltahnedLuoncdaler Babinda as hereinbefore described shall be rateable Authorities land within the meaning of and for the purposes of Acts. t"The Local Authorities Acts, 1902 to 1929," or any Act amending the same, and the provisions of such Acts shall apply and extend accordingly. (b) Subsection five of section eleven of *" The Sugar Work8 Act of 1911 " is repealed. Land to be (c) Moreover, the land in the township of Babinda cdonndterrol and shall be placed under the control and jurisdiction of the jurisdiction Council of the Shire of Cairns, and all powers and oAfuLthoocrailty. authorities and all matters and things necessary to be done herein are hereby conferred and authorised accord- ingly; and the provisions of t" The Local Authoritie8 Act8, 1902to1929," or any Act amending the same, shall apply and extend to the township of Babinda accordingly. ------------------ * 2 Geo. V. No. 8, supra, page 521l. t 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq.

SUGAR. 13359 1930. Babinda Township Act. 8 Whereas bv an Order in Council dated the Control of twenty-eighth day ~ of June, one thousand nine hundred cemetery. and eighteen, and published in the Gazette of the twenty- ninth day of June, one thousand nine hundred and eighteen, certain lands described hereunder were ordered to be permanently reserved and set apart for a cemetery, and that the said land should be placed under the control of the Corporation of the Treasurer as trustee, it is hereby declared that from and after th~ commencement of this Act such land shall be divested from the control of the Corporation of the Treasurer of Queensland as trustee, . and shall be placed under the control and jurisdiction of the Council of the Shire of Cairns, and all powers and authorities and all matters and things necessary to be done herein are hereby conferred and authorised accordingly:- SCHEDULE. The Cairns Land Agent's District. Reserve for Cemetery, Babinda. County of Nares, parish of Bellenden-Ker. Area, 5 acres 3 roods 18 perches. Subdivision I of resubdivision 1 of subdivision 2 of portion 383 as shown on Plan Nr. 1159 deposited in the Survey Office. 9. All the provisions of section eleven of *" The Repeal of r S e u p g e a a r I e d Wo o r r k8 su A pe c r t se o d f e 1 d 9 b 11 y ," thIs . So Afacrt, aasresatmoethhaatveex b t e e en n ~ t : T W l o h r l k e ° s S A f u c g t ar repealed. . of 1911." 10. The Governor in Council may, by Order in Proclama· Council, from time to time declare that any land, as ~ :~ ~ ~ lands described in" the Order in Council, in the township of as Crown Babinda vested in or acquired by the Corporation of lands. the Treasurer which land at the commencement of this Act has not been the subject of a lease issued by the Corporation (whether or not an instrument of a lease has been issued) shall be deemed to be and to be Crown land under and subject to the provisions of t" The Land Acts 1910 to 1929," or any Act amending the same. Thereupon the Corporation of the Treasurer shall surrender to the Crown all deeds of grant or other instru- ments of title of all such land so declared to be Crown land, and the Registrar of Titles shall obtain and cancel * 2 Geo. V. No. 8, supra, page 52]1. t 1 Geo. v. No. 15 and amending Acts, supra, pages 8775 et seq.

13360 SUGAR. Babinda Township Act. 21 GEO. V. No. 36, 1930. all such deeds of grant or other instruments ·of title so far as such land is concerned; and in the event of there being only one deed of grant or other instrument of title in favour of the Corporation of the Treasurer in respect of the lands in the township of Babinda, the Registrar of Titles shall cancel such portion of the deed of grant or instrument of title in respect of the lands so declared to be Crown lands. Power and authorit,y to issue deeds of grant or certificates of title. 11. All powers and authorities which may be necessary or expedient to enable or empower a deed of grant or certificate of title to be issued under thil'; Act or to cancel any deed of grant or certificate of title, or to declare any land deemed Crown land to be so declared, are by virtue of this Act hereby granted and conferred accordingly. Basilisk township. 12. The provisions of this Act shall, mutati8 mutandis, apply and extend, with any modifications thereof or additions thereto which the Governor in Council may by Order in Council think fit, in relation to the Basilisk township, being the area of land reserved and set apart in the Sugar Works Area situated within the South Branch of the Johnstone River, Liverpool and Maria Creeks, for the purposes of a township in accordance with the provisions of *" The Sugar Works Act of 1911," and as set forth in an Order in Council dated the thirteenth day of April, one thousand nine hundred and sixteen, and published in the Gazette of fifteenth day of April, one thousand nine hundred and sixteen. Regulations. 13. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, 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. Proclama- 14. All Orders in Council and regulations made or ~ ions. Or?ers purporting to have been made under this Act shall be ~~ ~ounCll, published in the Gazette, and thereupon shall be of the regulations same effect as if they were enacted in this Act, and shall ! ~ ! ~ ~ ~ A~ ~ . rt be judicially noticed, and shall not be questioned in any proceedings whatsoever. * 2 Geo. V No. 8, supra, page 5211.

SUGAR. 21 GEO. V. No. 24,1930. Tully Sugar Works Act. Any Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation. All regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. 13361 An Act to Authorise the Transfer of the Manage- 21 Oeo. V. ment and Control of the Tully Sugar Works N; ~ ! 4. from the Corporation of the Treasurer to TSULLY UGAR aconCseoq-oupeenrta . lati 1 vepuArpsossoecsi.ation ' and for other WO OF RK 1 S 93 A 0 C . T [ASSENTED TO 13TH NOVEMBER, 1930.] W HEREAS under and pursuant to the provisions of Preamble. *" The Sugar Works Act of 1922" the Tully Sugar Works Atea was duly created, and the Tully Sugar Works (hereinafter referred to as "the sugar works") were constructed and became and still are vested in the Corporation as defined by the said Act (hereinafter referred to as "the Corporation"), and the sugar works since construction and the business thereof have been maintained, worked, managed, and controlled by the Corporation: * 13 Oeo. V. No 30, supra, page 10201.