Babinda Township (Lands) Act of 1962 (11 Eliz Ii No. 14) (Qld)

807 @uee11sla11b ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••••••••• No. 14 An Act Relating to Certain Allotments in the Township of Babinda held under Perpetual Lease under and pursuant to "The Sugar Works Act of 1911" [AsSENTED TO 29TH MARCH, 1962] W HEREAS under and pursuant to" The Sugar Works Preamble Act of 1911," The Babinda Sugar Works Area (herein called the " said Area ") was duly created by Order in Council made on the twenty-second, and published in the Gazette of the twenty-third day of May, one thousand nine hundred and fourteen, and a suitable area of land in the said Area was reserved and set aside for the purposes of a township, named Babinda township, by Order in Council made on the twenty-fifth, and published in the Gazette of the twenty-seventh day of March, one thousand nine hundred and fifteen, and

808 Babinda Township (Lands) Act 11 Euz. n. No. 14, such area of land so set aside for the purposes of Babinda Township (herein called the" Babinda Township Area") was vested in the Corporation of the Treasurer of Queensland created by "The Sugar Works Guarantee Acts Amendment Act of 1908 " (herein called the " said Corporation ") for an estate in fee-simple : AND WHEREAS " The Sugar Works Act of 1911," provided that the Babinda Township Area, after setting aside such portions as might be required for public purposes, should be divided into allotments of suitable size, and should be open to perpetual lease in accordance with the regulations made thereunder : AND WHEREAS accordingly perpetual leases of lands (in " The Sugar Works Act of 1911," and in this Act referred to as " allotments ") comprised in the Babinda Township Area were issued : AND WHEREAS" The Babinda Township Act of1930" enabled allotments comprised in perpetual leases as aforesaid subsisting on the first day of January, one thousand nine hundred and thirty-one, to be freeholded within the time limited thereby and further enabled any land in the Babinda Township Area, which, at the said date, was not comprised in such a :eerpetual lease to be declared by the Governor in Council to be Crown land: AND WHEREAS pursuant to the said enabling provisions of "The Babinda Township Act of 1930," all land in the Babinda Township Area, save the allotments held under the leases as aforesaid set out in the first column of the table in the Schedule to this Act and described in the third column of such table opposite and relative to such leases respectively, and save also the lands referred to in section eight of " The Babinda Township Act of 1930," has been either freeholded or declared by the Governor in Council to be Crown land : AND WHEREAS it is desirable that, subject to safeguarding the interests of holders of the subsisting leases thereof, the lands described in the third column of the table in the Schedule to this Act should become and be Crown land :

1962 Babinda Township (Lands) Act 809 Now, therefore, be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Babinda Township Short title (Lands) Act of 1962." 2. As from the passing and by virtue of this Act, ~eversion to the lands described in the third column of the table rown in the Schedule to this Act shall be divested from the said Corporation and, subject to this Act, shall become and be Crown lands. 3. As from the passing and by virtue of this Act, Subsisting the leases issued under and pursuant to" The Sugar Works leases Act of 1911," and subsisting at the passing of this Act of the lands described in the third column of the table in the Schedule to this Act respectively shall be deemed leases issued under "The Land Acts, 1910 to 1961," and shall in all respects be subject to those Acts accordingly, save that no provision of those Acts shall apply so as to affect any term, provision or condition of any such lease, and that no provision of those Acts or of this Act shall affect any mortgage, charge, encumbrance, lien, sub-lease, easement, agreement, license or other transaction affecting any such lease. 4. The Local Deputy Registrar of Titles for the ~xisting Northern District under and within the meaning of tf~hold "The Real Property (Local Registries) Act of 1887," shall cancel any Deed of Grant or Certificate of Title whereunder the allotments described in the third column of the table in the Schedule to this Act or any of them are held by the said Corporation for an estate in fee- simple, and shall transmit to the Land Administration Commission all copies in his registry of the instruments of the leases set out in the Schedule to this Act and of all transactions relating to those leases. 5. The Land Administration Commission shall cause Instruments the subs1. st.mg 1 eases of the 1 ands descn'bed m. the o le f asteithleol t d o Schedule to this Act to be registered in the office tenure in Brisbane of the Department of Public Lands and

810 Babinda Township (Lands) Act 11 ELIZ. II. No. 14, may cause to be made in the appropriate records of such Department and upon the instruments of such leases, and copies thereof, all such entries, endorsements and notings as in its opinion are necessary or desirable having regard to the provisions of this Act. Upon application by the holder of a lease to which this Act applies and upon surrender of such lease, the Governor in Council may, if in his opinion it is expedient so to do, issue such lease under" The Land Acts, 1910 to 1961," as he deems appropriate in substitution for the surrendered lease. SCHEDULE The allotments, portions or parcels oflands, in " The Sugar Works Act of 1911 " referred to as the allotments, situated in the County of Nares, Parish of Bellenden Ker, Town of Babinda, respectively held at the passing of this Act under the leases set out in the first column of the table to this Schedule {which leases are registered in the office of the Local Deputy Registrar of Titles for the Northern District) and which allotments, portions or parcels, as the case may be, are described in the third column of the said table. TABLE Number of lease Area Description N.103720 N. 83797 N.120237 N. 148346 N. 130983 N. 286309 N. 169665 N. 120305 1 rood subdivision 5 of section 1 of portion 129 20 perches resubdivision 2 of subdivision 7 of section 2 of portion 129 2 roods . . subdivisions 9 and 10 of section 2 of portion 129 1 rood 25 perches subdivision 9 of section 5 of portion 129 1 rood subdivision 8 of section 6 of portion 129 16·8 perches resubdivision 1 of subdivision 9 of section 6 of portion 129 33·6 perches subdivision 10 of section 6 of portion 129 1 rood 22·1 perches subdivision 1 of section 9 of portion 129

1962 Babinda Township (Lands) Act SCHEDULE-continued TABLE-continued Number of lease N. 81304 N. 182210 N. 182211 N. 182212 N. 166453 Area Description 2 acres 3 roods allotment 8 of section 9 of 21 ·8 perches portion 129 21 ·86 perches resubdivision 1 of subdivision 4 of section 14 of portion 129 21 ·62 perches resubdivision 2 of subdivisions 3 and 4 of section 14 of portion 129 21 ·38 perches resubdivision 3 of subdivision 3 of section 14 of portion 129 33·2 perches subdivision S of section 14 of portion 129 811