Brigalow Lands Agreement Act 1962 (Cth)
This compilation was prepared on 14 November 2000
taking into account amendments up to Act No. 148 of 1977
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
This Act may be cited as the
Brigalow Lands Agreement Act 1962 .
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
the Agreement means the agreement a copy of which is set out in the First Schedule to this Act.
the First Amending Agreement means the agreement a copy of which is set out in the Second Schedule to this Act.
the Second Amending Agreement means the agreement a copy of which is set out in the Third Schedule to this Act.
The Agreement is approved.
The First Amending Agreement is approved.
The Second Amending Agreement is approved.
The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and the State of Queensland substantially in accordance with the form contained in the Fourth Schedule is authorized.
The payments (including advances) by the Commonwealth to the State of Queensland provided for in the Agreement as amended by the First Amending Agreement and the Second Amending Agreement, and by an agreement (if any) executed in pursuance of section 3C, may be made, by way of financial assistance to that State on the terms and conditions contained in the Agreement as so amended, out of the Consolidated Revenue Fund, which is appropriated accordingly.
Section 2A
AN AGREEMENT made the first day of December 1962 between THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the one part and the STATE OF QUEENSLAND (in this agreement called “the State”) of the other part:
WHEREAS—
(a) it is desirable in the interests of the State of Queensland and of the Commonwealth of Australia generally that the area of land described in the First Schedule to this agreement should be further developed for the purpose of increasing the production of beef cattle and other primary products and the supply of beef for export;
(b) the State proposes, subject to the provision to the State of financial assistance from the Commonwealth, to implement a programme of development of that area in accordance with the general plan of development described in the Second Schedule to this agreement;
(c) for the purpose of implementing that programme of development, the State proposes to carry out during the period of five years ending on the thirtieth day of June, 1967, the works described in the Third Schedule to this agreement;
(d) the Commonwealth and the State have agreed that the financial assistance from the Commonwealth that would enable the works to be carried out consists of an amount not exceeding £7,250,000 which will be repayable by the State as provided in this agreement and of which an amount not exceeding £1,650,000 is expected to be required in the financial year ending on the thirtieth day of June, 1963; and
(e) the Parliament of the Commonwealth is to be asked to grant that financial assistance to the State under section 96 of the Constitution of the Commonwealth of Australia upon and subject to the conditions set out in this agreement.
NOW IT IS HEREBY AGREED as follows:
Definitions
1. In this agreement, unless the contrary intention appears—
“financial year” means a period of twelve calendar months ending on the thirtieth day of June;
“Schedule” means Schedule to this agreement;
“the works” means the works described in the Third Schedule or, if that Schedule is varied in accordance with clause 9 of this agreement, the works described in that Schedule as so varied; and
“the Treasurer” means the Treasurer of the Commonwealth and includes such other Minister of State of the Commonwealth or member of the Federal Executive Council as is for the time being acting for and on behalf of the Treasurer.
Approval of Agreement
2. This agreement shall have no force and effect and shall not be binding upon either party until it is approved by the Parliament of the Commonwealth and the Parliament of the State.
Financial Assistance
3. (1) Subject to compliance by the State with the provisions of this agreement, the Commonwealth will in accordance with and subject to the provisions of this agreement provide financial assistance to the State towards meeting expenditure on the works consisting of amounts which—
(a) do not during the financial year ending on the thirtieth day of June, 1963, exceed in total One million six hundred and fifty thousand pounds (£1,650,000); and
(b) do not exceed in the aggregate Seven million two hundred and fifty thousand pounds (£7,250,000).
(2) For the purposes of this agreement expenditure on the works means expenditure by the State on or in connexion with the works during the five years commencing on the first day of July, 1962, and includes planning and administrative expenses incurred by the State during that period that are directly related to carrying out the works but does not include expenses that would have been or would be incurred whether or not the works were carried out.
Payments by Commonwealth
4. (1) The Commonwealth will, at the request of the State from time to time and subject to the provisions of this agreement, make payments to the State in pursuance of the last preceding clause of amounts equal to expenditure on the works.
(2) The State will furnish to the Treasurer such documents and other evidence in support of each request by the State for a payment to it by the Commonwealth under sub-clause (1) of this clause as the Treasurer may from time to time reasonably request, whether the request by the Treasurer is made before or after the Commonwealth has made a payment pursuant to the request by the State.
(3) Any statement of expenditure by the State forwarded to the Commonwealth in connexion with a request for payment in accordance with sub-clause (1) of this clause shall be certified as to its correctness by the Auditor‑General for the State.
Advances
5. (1) The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to the State on account of an amount that may become payable to the State under clause 4 of this agreement.
(2) An amount or part of an amount advanced by the Treasurer under this clause may be deducted by the Commonwealth from amounts to be paid subsequently under sub-clause (1) of clause 4 of this agreement, or, if there are no further amounts to be paid under that sub-clause, shall be refunded by the State to the Treasurer at his request.
Use of Payments and Advances
6. The State shall ensure that an amount, or any part of an amount, paid to the State under this agreement is not used or applied except for the purpose of meeting or of reimbursing the State for expenditure on the works.
Interest
7. (1) Interest at the rate provided in this clause shall accrue in respect of each payment or advance made to the State under clause 4 or clause 5 of this agreement calculated from the date on which the payment or advance was made on so much of the payment or advance as for the time being has not been repaid by the State under the next succeeding clause or in the case of an advance refunded to the Commonwealth under clause 5 of this agreement.
(2) The amount of the interest that has accrued under this clause (including interest that has accrued under paragraph (a) of this sub-clause) shall be calculated as at each fifteenth day of January and fifteenth day of July and—
(a) an amount so calculated in respect of a period prior to the sixteenth day of July, 1967, shall be payable by the State to the Commonwealth as if the amount were a payment made to the State by the Commonwealth under this agreement repayable by the State in accordance with the next succeeding clause and interest at the rate provided in this clause shall accrue under this clause in respect of the amount, calculated from the date at which the amount was calculated on so much of the amount as for the time being has not been paid by the State; and
(b) an amount so calculated in respect of a period after the fifteenth day of July, 1967, shall become payable by the State to the Commonwealth upon the date at which the amount was calculated.
(3) The rate at which interest accrues under this clause in respect of a payment or advance made to the State under clause 4 or clause 5 of this agreement or in respect of an amount referred to in paragraph (a) of the last preceding sub-clause shall be the rate payable on the long term loan last raised by the Commonwealth in Australia for public subscription prior to the date upon which the payment or advance was made or at which the amount was calculated, as the case may be.
Repayments by the State
8. (1) Subject to sub-clause (2) of this clause, the State shall repay to the Commonwealth the amount of each payment made to the State under clause 4 or advance made to the State and not refunded under clause 5 of this agreement by forty equal consecutive half-yearly payments, the first payment in each case to be made on the fifteenth day of January, 1968.
(2) The State may at any time after giving to the Treasurer notice in writing of at least one month of its intention to do so, pay to the Commonwealth the whole or any part not being less than Fifty thousand pounds (£50,000) of so much of a payment or advance or of an amount referred to in paragraph (a) of sub-clause (2) of the last preceding clause as has not been repaid or paid by the State, together with the interest on the amount paid accrued under the last preceding clause to the date of payment.
Execution of the Works
9. (1) The State shall ensure that the works are carried out efficiently and in conformity with sound engineering and financial practices.
(2) To the extent that it is necessary for the more efficient fulfilment of the objectives of this agreement, the Third Schedule may be varied in such manner and to such extent as the State proposes and the Treasurer approves.
Expenditure in relation to Commonwealth Aid Roads
10. Subject to provision being made by the
Parliament of the Commonwealth for giving effect to this clause, amounts
expended by the State in respect of which payments are made or to be made to
the State under this agreement shall not be taken into account for the purposes
of section six of the
Annual Estimates
11. The State shall prepare and furnish to the Treasurer not later than the thirtieth day of April in each year a statement or statements showing the estimated expenditure on the works during the next succeeding financial year and estimates of the amounts that the State will request the Commonwealth to pay to the State under this agreement during that financial year.
Supply of Information
12. The State shall from time to time at the request of the Treasurer furnish to him such information as he may reasonably require for the purposes of or in relation to this agreement.
Financial Statements
13. The State shall—
(a) keep full accounts and records of all financial transactions, work done, and plant, stores, materials and equipment used or disposed of, in connexion with the works; and
(b) furnish to the Treasurer, as soon as possible after the completion of each financial year in which there is expenditure on the works, a progress report on the performance of the works, together with financial statements showing expenditure on the works up to the preceding thirtieth day of June, the latest estimates of the complete cost of the works, and the estimated amounts of annual expenditure necessary to complete the works.
Audit
14. (1) The accounts, books, vouchers, documents and other records of the State relating to the carrying out the works shall be subject to audit by the Auditor‑General of the State.
(2) Until such time as the works are completed, all amounts to be paid by the Commonwealth under this agreement are paid, and supporting evidence to the satisfaction of the Treasurer in relation to all amounts paid is furnished by the State, a report on the audits and on the financial statements in respect of each financial year shall be furnished by the Auditor‑General of the State to the Treasurer as soon as possible after the completion of the financial year, indicating inter alia—
(a) whether the financial statements are based on proper accounts and records and are in agreement with those accounts and records; and
(b) whether the expenditure of moneys is in accordance with the agreement, and including reference to such other matters arising out of the audits and financial statements as the Auditor‑General of the State considers should be reported to the Treasurer.
Notices, &c.
15. Any notice, request or other communication to be given or made under this agreement by the Commonwealth or the Treasurer to the State shall be deemed sufficiently given or made if it is in writing signed by the Treasurer or by any person thereunto authorized in writing by him and any notice, request or other communication to be given or made by the State to the Commonwealth or the Treasurer shall be deemed sufficiently given or made if it is in writing signed by the Minister of the Crown in right of the State for the time being charged with the administration of the Act of the Parliament of the State by which this agreement is approved or by any person thereunto authorized in writing by that Minister.
THE SCHEDULES
FIRST SCHEDULE
Recital (a)
THE AREA TO BE DEVELOPED
The area of land to be developed (in these Schedules referred to as “the area”) consists of an area of approximately 4,271,000 acres of the Fitzroy River Basin in Queensland described as follows:
Commencing on the Central Railway at a point north from the north-west corner of portion 11V, parish of Walton and bounded thence by that Railway westerly to the Comet River, by that river upwards to its intersection by the Carnarvon Highway, by that highway south-westerly to the north boundary of portion 1, parish of Pallas, by that portion north-westerly to Consuelo Creek, by that creek and Sandy Creek upwards to portion 4, parish of Aubrey, by portions 4 and 5 south-westerly, by portions 5 and 1 and Morella Creek Holding southerly to the Great Dividing Range, by that range, the Carnarvon, Expedition and Bigge Ranges, south-easterly and north-easterly to the north boundary of Coorada Holding, by that holding east and south to the north-west corner of portion 2, parish of Coorada, by portions 2 and 1 easterly, by Ghinghinda Holding, portion 3, parish of Martin, portion 17, parish of Gibber Gunyah and portion 14, parish of Highworth north-easterly to the Dawson River, by that river upwards to Fifth Avenue, Theodore, by that avenue east to the Dawson Valley Railway, by that railway northerly to a point west from the west corner of section 12, Town of Baralaba, by a line north-west to the Mimosa Highway, by that highway north-west and westerly to the Dawson Range, by that range south-easterly to the east corner of portion 3, parish of Nulalbin, by portions 3 and 4 south-westerly and north-westerly, by Mimosa Park Holding south-westerly and north-westerly, by portions 6 and 5, parish of Wooroona and portion 1, parish of Waratah north-westerly again to the Expedition Range, by that range north-westerly to the north-east corner of portion 1, parish of Stewarton, by Charlevue Holding north-easterly and easterly to the south-west corner of portion 12V, parish of Walton; and by portions 12V and 11V and a line north to the point of commencement.
SECOND SCHEDULE
Recital (b)
THE GENERAL PLAN OF DEVELOPMENT
The area is at present divided into 115 holdings. It is in a relatively undeveloped condition and contains large tracts of brigalow and associated scrub.
The general plan of development proposed by the State comprises—
(1) Resubdivision of the area into not less than 250 blocks of land and not more than 350 blocks of land by the State terminating the existing tenancies and redesigning the area.
(2) Allocation of the resubdivided blocks as follows:
(a) Each existing leaseholder to be offered a new title in respect of part of his existing holding under conditions requiring development of the block to minimum standards laid down by the State without the provision of financial assistance by the State from moneys provided under this agreement.
(b) Not less than one-quarter of the number of remaining blocks (including any blocks in respect of which existing leaseholders do not elect to take a new title in accordance with paragraph (a) above), being blocks containing not more than 10,000 acres, to be offered for sale at auction by the State for conditional purchase in their present state of development under conditions requiring development to minimum standards laid down by the State without the provision of financial assistance by the State from moneys provided under this agreement.
(c) The number of blocks remaining after the allocation of blocks in accordance with paragraph (a) above and the sale of blocks in accordance with paragraph (b) above to be allotted, under conditions requiring development to minimum standards laid down by the State, to applicants to be selected in accordance with procedures determined by the State.
(3) In respect of blocks allotted in accordance with paragraph (2) (c) above, the State to offer to undertake the following development of each block on behalf of the allottee subject to the repayment to the State by the allottee of the cost of such development (plus interest)—
(i) the clearing of brigalow and associated scrub from a proportion of the block, the burning of that scrub and the sowing to pasture of the land so cleared;
(ii) the provision of minimum fencing on the block for cattle control purposes;
(iii) the provision of minimum yards and dips for cattle tick control purposes; and
(iv) the provision of minimum cattle watering facilities.
(4) Each person who, in accordance with paragraph (2) (c) above, is allotted a block containing not more than 10,000 acres to have the right to a conditional purchase of the block, but the Deed of Grant will not issue until the block has been developed to the minimum standards referred to in paragraph (2)(c) and all amounts owing by him to the State in respect of the block have been paid.
(5) Adequate roads to be provided within the area.
THIRD SCHEDULE
Recital (c) and Clause 1
THE WORKS
Works within the area for the purpose of carrying out a plan of development in accordance with the general plan of development described in the Second Schedule, and consisting of the following:
(1) The termination by the State of existing tenancies in the area.
(2) The development of the blocks of land referred to in paragraph (2) (c) of the Second Schedule, being blocks the allottees of which accept the offer referred to in paragraph (3) of the Second Schedule, by—
(a) the clearing of brigalow and associated scrub from not more than 6,000 acres of each block, the burning of that scrub and the sowing to pasture of the land so cleared;
(b) the provision of not more than 20 miles, on the average, of fencing on each block;
(c) the provision of one cattle tick control unit on each block;
(d) the provision of not more than two permanent water facilities on each block.
(3) The improvement to all-weather gravel standard of approximately 180 miles of roads in the area declared under “The Main Roads Acts, 1920 to 1962” of the State and the construction or improvement of not more than 410 miles of access roads dedicated by the Crown in the area.
IN WITNESS WHEREOF this agreement has been executed by the parties the day and year first above written.
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ROBERT MENZIES |
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FRANK NICKLIN |
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Section 2A
AN AGREEMENT made the second day of December, 1965, Between THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the one part and THE STATE OF QUEENSLAND (in this agreement called “the State”) of the other part.
WHEREAS—
(a) by an agreement made between the Commonwealth and the State the first day of December, 1962, (in this agreement referred to as “the principal agreement”) provision was made for the Commonwealth to grant financial assistance to the State for the further development, for a period of five years commencing on the first day of July, 1962, of the area of land in the Fitzroy River Basin in the State described in the First Schedule to the principal agreement;
(b) the principal agreement was approved and the payment of financial assistance to the State on the terms and conditions contained in the principal agreement was authorized by the Parliament of the Commonwealth by the Brigalow Lands Agreement Act 1962;
(c) the principal agreement was approved and ratified by the Parliament of the State by section 31 of The Brigalow and Other Lands Development Act of 1962;
(d) the principal agreement provided that the further development should be in accordance with the general plan of development set out in the Second Schedule to the principal agreement and that the works for the carrying out of the development should, subject to sub-clause (2) of clause 9 of the principal agreement, consist of the works described in the Third Schedule to the principal agreement;
(e) the development is being carried out by the State and financial assistance is being granted by the Commonwealth to the State in accordance with the provisions of the principal agreement;
(f) it is desirable that certain land in the Fitzroy River Basin in addition to that described in the First Schedule should be included in the land to be developed by the State and that the general plan of development set out in the Second Schedule and the works set out in the Third Schedule should be amended; and
(g) it has been agreed between the Commonwealth and the State that the period that would enable the land described in the First Schedule and the additional land to be developed is a period of three years in addition to the period mentioned in recital (c) of the principal agreement:
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall have no force or effect until it has been approved by the Parliament of the Commonwealth and the Parliament of the State.
2. When this agreement has been approved by the Parliament of the Commonwealth and the Parliament of the State, the principal agreement shall be construed and take effect as amended by this agreement.
3. Clause 3 of the principal agreement is amended by omitting from sub-clause (2) the words “five years” and inserting in their stead the words “eight years”.
4. Clause 8 of the principal agreement is amended by omitting sub-clause (1) and inserting in its stead the following sub-clause:
“(1) Subject to sub-clause (2) of this clause, the State shall repay to the Commonwealth the amount of each payment made to the State under clause 4 of this agreement or advance made to the State and not refunded under clause 5 of this agreement by forty equal consecutive half-yearly repayments, the first repayment in respect of any such payment or advance made to the State prior to the first day of July, 1967, to be made on the fifteenth day of January, 1968, and the first repayment in respect of any such payment or advance made to the State on or after the first day of July, 1967 to be made on the fifteenth day of January, 1971.”
5. Clause 9 of the principal agreement is amended by omitting from sub-clause (2) the words “the Third Schedule” and inserting in their stead the words “the Schedules”.
6. The principal agreement is further amended by omitting the Schedules and inserting in their stead the following Schedules:
THE SCHEDULES
FIRST SCHEDULE
Recital (a)
THE AREA TO BE DEVELOPED
The area of land to be developed (in these Schedules referred to as “the development area”) comprises a total of approximately 4,976,000 acres in the Fitzroy River Basin in Queensland and consists of the following separate areas:
(a) an area of approximately 4,271,000 acres commencing on the Central Railway at a point north from the north-west corner of portion 11V parish of Walton and bounded thence by that Railway westerly to the Comet River, by that river upwards to its intersection by the Carnarvon Developmental Road, by that road south-westerly to the north boundary of portion 1, parish of Pallas, by that portion north-westerly to Consuelo Creek, by that creek and Sandy Creek upwards to portion 4, parish of Aubrey, by portions 4 and 5 south-westerly, by portions 5 and 1 and Morella Creek Holding southerly to the Great Dividing Range, by that range, the Carnarvon, Expedition and Bigge Ranges, south-easterly and north-easterly to the north boundary of Coorada Holding, by that holding east and south to the north-west corner of portion 2, parish of Coorada, by portions 2 and 1 easterly, by Ghinghinda Holding, portion 3, parish of Martin, portion 17, parish of Gibber Gunyah and portion 14, parish of Highworth north-easterly to the Dawson River, by that river upwards to the Fifth Avenue, Theodore, by that avenue east to the Dawson Valley Railway, by that railway northerly to a point west from the west corner of section 12, Town of Baralaba, by a line north-west to the Mimosa Highway, by that highway north-west and westerly to the Dawson Range, by that range south-easterly to the east corner of portion 3, parish of Nulalbin, by portions 3 and 4 south-westerly and north-westerly, by Mimosa Park Holding south-westerly, and north-westerly, by portions 6 and 5 parish of Wooroona and portion 1, parish of Waratah north-westerly again to the Expedition Range, by that range north-westerly to the north-east corner of portion 1, parish of Stewarton, by Charlevue Holding north-easterly and easterly to the south-west corner of portion 12V, parish of Walton; and by portions 12V and 11V and a line north to the point of commencement;
(b) an area of approximately 66,000 acres commencing on the Comet River at the north termination of the east boundary of portion 8, parish of Arcturus, and bounded thence by that portion south and south-westerly, by portion 47 southerly and west, by that portion and portion 48 south-westerly, by portion 52 south-easterly, north-easterly, again south-easterly and south-westerly to Meteor Creek Holding, by that holding south-easterly, easterly and again south-easterly to the Comet River; and by that river downwards to the point of commencement;
(c) an area of approximately 39,000 acres commencing on the Carnarvon Developmental Road at its intersection by the north boundary of portion 2, parish of Pallas and bounded thence by that portion westerly, south-westerly and southerly, by portion 1 south-westerly and south-easterly to Consuelo Creek, by that creek downwards to its intersection by the north boundary of portion 1, by that portion south-easterly to the Carnarvon Developmental Road; and by that road north-easterly to the point of commencement; and
(d) ten areas comprising in total approximately 600,000 acres to be selected by the State within the area of approximately 4,864,000 acres (which area of approximately 4,864,000 acres and the areas described in paragraphs (a), (b) and (c) of this schedule are in these Schedules referred to collectively as “the defined areas”) commencing on the Dawson River at the south-west corner of the parish of Walloon, and bounded thence by the southern boundaries of that parish and the parish of Okangal, by the western and southern boundaries of the parish of Mungungal, by the southern boundary of the parish of Camboon, by the western boundaries of the parishes of Calrossie, Borania, Dyngie, Woodbank, Ballymore and Kilbeggan, by the south boundary of the last-mentioned parish to portion 7, parish of Warranna, by the north-west boundaries of that portion and portion 10, by the north-east, north, western and south-western boundaries of portion 6, by the western boundary of the parish of Goldsmith, by the northern boundary of the parish of Quandong, by the north-eastern boundary of the parish of Downfall, by the northern boundaries of the parishes of Wandoan and Juandah, by the northern and western boundaries of the parish of Hinchley to its south-west corner, by a line west to Horse Creek (East Branch), by that creek downwards and Horse Creek upwards to portion 5, parish of Sollow, by the northern boundary of that parish, by the north-west boundary of portion 6, parish of Emu, by the northern boundary of portion 7, by the eastern and northern boundaries of portion 8 and the parish of Woodduck, by the eastern boundary of portion 5, parish of Durham, by the eastern and northern boundaries of portion 4, by the north-eastern boundary of the parish of Narran, by the eastern and north-eastern boundaries of the parish of Hallett, by the eastern boundary of the parish of Mount Hutton, by the south-eastern boundary of the parish of Beilba to the Dawson River, by that river upwards to portion 4, parish of Moravia, by that portion north to the Carnarvon Range, by that range and the Expedition and Bigge Ranges easterly and north-easterly to the north boundary of Coorada Holding, by that holding east and south to the north-west corner of portion 2, parish of Coorada, by portions 2 and 1 easterly, by Ghinghinda Holding, portion 3, parish of Martin, portion 17, parish of Gibber Gunyah and portion 14, parish of Highworth north-easterly to the Dawson River; and by that river downwards to the point of commencement.
SECOND SCHEDULE
Recital (b)
THE GENERAL PLAN OF DEVELOPMENT
The general plan of development proposed by the State in respect of the development area comprises—
(a) The termination of any existing tenancies and resubdivision of the development area into not less than 250 and not more than 400 blocks of land.
(b) Allocation of the blocks of land made available in the resubdivision as follows:
(i) Each existing leaseholder to be offered a new title in respect of part of his existing holding under conditions requiring development of the block to minimum standards laid down by the State without the provision of financial assistance by the State from moneys provided under this agreement.
(ii) Not less than one-quarter of the number of remaining blocks (including any blocks in respect of which existing leaseholders do not elect to take a new title in accordance with paragraph (i) above), being blocks containing not more than 10,000 acres, to be offered for sale at auction by the State for conditional purchase in their present state of development under conditions requiring development to minimum standards laid down by the State without the provision of financial assistance by the State from moneys provided under this agreement.
(iii) The number of blocks remaining after the allocation of blocks in accordance with paragraph (i) above and the sale of blocks in accordance with paragraph (ii) above to be allotted, under conditions requiring development to minimum standards laid down by the State, to applicants to be selected in accordance with procedures determined by the State.
(c) In respect of blocks allotted in accordance with paragraph (b) (iii) above, the State to offer to develop or to develop and partly stock with cattle each block on behalf of the allottee subject to the repayment to the State of the cost of any such development and stocking with interest.
(d) Each person, who, in accordance with paragraph (b) (iii) above, is allotted a block containing not more than 10,000 acres to have the right to a conditional purchase of the block, but the Deed of Grant will not issue until the block has been developed to the minimum standards referred to in paragraph (b) (iii) and all amounts owing by him to the State in respect of the block have been paid.
(e) Adequate roads to be provided within the defined areas.
THIRD SCHEDULE
Recital (c) and Clause 1
THE WORKS
Works for the purpose of carrying out a plan of development in accordance with the general plan of development described in the Second Schedule, and consisting of the following:
(a) The termination by the State of existing tenancies in the development area.
(b) The development and stocking of blocks, being blocks referred to in paragraph (b) (iii) of the Second Schedule in respect of which the allottees have accepted offers made by the State in accordance with paragraph (c) of the Second Schedule, by—
(i) works in connexion with the clearing of the blocks of timber and undergrowth, maintaining the blocks free of regrowth and suckers and other treatment of the timber and undergrowth on the blocks;
(ii) the establishment of sown pastures;
(iii) the provision of fencing;
(iv) the provision of cattle tick control units;
(v) the provision of water facilities; and
(vi) the provision of breeding cattle.
(c) In the defined areas the improvement to all-weather gravel standard of approximately 250 miles of roads declared under the Main Roads Acts, 1920 to 1964 of the State and the construction or improvement of not more than 500 miles of access roads dedicated by the Crown.
IN WITNESS WHEREOF this agreement has been executed by the parties the day and year first above-written.
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ROBERT MENZIES |
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FRANK NICKLIN |
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Section 2A
AN AGREEMENT made the twenty-seventh day of April One thousand nine hundred and sixty-seven between THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the one part and THE STATE OF QUEENSLAND (in this agreement called “the State”) of the other part.
WHEREAS—
(a) by an agreement between the Commonwealth and the State made the first day of December, 1962 (in this agreement called “the Agreement”) provision was made for the Commonwealth to grant financial assistance to the State for the purpose of the further development of land in the Fitzroy River Basin;
(b) by a further agreement between the Commonwealth and the State made the second day of December, 1965 (in this agreement called “the Amending Agreement”) the plan of development provided for by the Agreement was amended and the operation of the Agreement as amended was extended to the development of additional land and for an additional period of time;
(c) the Agreement and the Amending Agreement have been approved and the payment of financial assistance to the State on the terms and conditions provided thereby has been authorized by the Parliament of the Commonwealth by the Brigalow Lands Agreement Act 1962-1965;
(d) the Agreement and the Amending Agreement have been approved and their implementation provided for by the Parliament of the State by “The Brigalow and Other Lands Development Acts, 1962 to 1965”; and
(e) it is proposed that further financial assistance be granted by the Commonwealth to the State to extend the development to additional land and for an additional period of time and that the terms and conditions on which the assistance is provided be further amended as hereinafter appears:
NOW IT IS HEREBY AGREED as follows:
Approval of Agreement
1. This agreement shall have no force or effect until it has been approved by the Parliament of the Commonwealth.
Operation of Agreement
2. When this agreement has been approved by the Parliament of the Commonwealth, the Agreement, as amended by the Amending Agreement, shall be construed and take effect as further amended by this Second Amending Agreement.
Financial Assistance
3. (1) Sub-clause (1) of clause 3 of the Agreement is amended by deleting from sub-paragraph (b) the words and figures “Seven million two hundred and fifty thousand pounds (£7,250,000)” and inserting in their stead the words and figures “Twenty-three million dollars ($23,000,000)”.
(2) Sub-clause (2) of clause 3 of the Agreement, as amended by clause 3 of the Amending Agreement, is further amended by deleting the words “eight years” and inserting in their place the words “thirteen years”.
Interest
4. Clause 7 of the Agreement is amended by deleting sub-clause (2) and inserting in its stead the following sub-clause:
“(2) The amount of the interest that has accrued under this clause (including interest that has accrued under paragraph (a) of this sub-clause) shall be calculated as at each fifteenth day of January and fifteenth day of July and—
(a) interest at the rate provided in this clause shall accrue in respect of each amount of interest so calculated that is referred to in paragraph (b) of this clause, computed from the date at which the amount was calculated on so much of the amount as for the time being has not been paid by the State to the Commonwealth as provided in that paragraph;
(b) the respective total sums of the amounts of interest so calculated—
(i) at each such date up to and including the fifteenth day of July, 1967, in respect of payments or advances made prior to the first day of July, 1967;
(ii) at each such date up to and including the fifteenth day of July, 1970, in respect of payments or advances made after the thirtieth day of June, 1967, and prior to the first day of July, 1970; and
(iii) at each such date up to and including the fifteenth day of July, 1975, in respect of payments or advances made after the thirtieth day of June, 1970, and prior to the first day of July, 1975;
shall be payable by the State to the Commonwealth as if the total sums were payments made to the State by the Commonwealth under this agreement repayable by the State in accordance with the next succeeding clause; and
(c) an amount of interest so calculated, other than an amount included in the total sums referred to in paragraph (b), shall become payable by the State to the Commonwealth upon the day at which the amount is calculated.”
Repayments by the State
5. Clause 8 of the Agreement, as amended by clause 4 of the Amending Agreement, is deleted and the following clause inserted in its place:
“8. (1) Subject to the provisions of this clause, the State shall repay to the Commonwealth the amount of each payment made to the State under clause 4 of this agreement, including the total sums of the amounts referred to in paragraph (b) of sub-clause (2) of the last preceding clause, and of each advance made to the State and not refunded under clause 5 of this agreement by forty equal consecutive half-yearly instalments on the fifteenth day of January and the fifteenth day of July in each year.
“(2) The first instalment to be paid by the State under sub-clause (1) of this clause shall be payable—
(a) in respect of a payment or an advance made prior to the first day of July, 1967-on the fifteenth day of January, 1968;
(b) in respect of a payment or an advance made after the thirtieth day of June, 1967 and prior to the first day of July, 1970-on the fifteenth day of January, 1971;
(c) in respect of a payment or advance made after the thirtieth day of June, 1970 and prior to the first day of July, 1975-on the fifteenth day of January, 1976.
“(3) The first instalment in respect of a total sum of amounts referred to in paragraph (b) of sub-clause (2) of the last preceding clause shall be payable on the fifteenth day of January next occurring after the date at which the last amount included in the total sum was calculated.
“(4) The State may at any time after giving to the Treasurer notice in writing of at least one month of its intention to do so, pay to the Commonwealth the whole or any part not being less than One hundred thousand dollars ($100,000) of so much as remains unpaid by the State of a payment or advance or of an amount referred to in sub-clause (2) of the last preceding clause, together with the interest on the amount paid accrued under the last preceding clause to the date of payment.”
First Schedule
7. The First Schedule to the Agreement, as inserted by clause 6 of the Amending Agreement, is amended as follows:
(a) by deleting from the commencing portion of the Schedule the expression “4,976,000 acres” and inserting in its place “11,176,000 acres”;
(b) by deleting from paragraph (d) the words “paragraphs (a), (b) and (c) of this schedule” and inserting in its place the words “paragraphs (a), (b), (c) and (e) of this Schedule”;
(c) by inserting after paragraph (d) the following paragraph:
“(e) an area of approximately 6,200,000 acres commencing on the Comet River at the crossing of the Central Railway and bounded thence by the Comet and Mackenzie Rivers downwards to the south corner of Portion 6, parish of Lurline, by the south-west boundary of that portion, by the south-east, south-west and north-west boundaries of portion 5, parish of Middarra, by the south-western and south-eastern boundaries of portion 4, by the north-west and north-east boundaries of portion 6, parish of Lurline, again to the Mackenzie River, by that river downwards to the south-east corner of portion 1, parish of Cooroora, by the eastern, northern and north-western boundaries of that portion, by the north-eastern boundary of portion 1, parish of Yan Yan, by the south-eastern and north-eastern boundaries of portion 3, parish of Cuddesden, and portion 1, parish of Kynebil, by the southern, western, north-western and northern boundaries of portion 4, parish of Bul Bul, by the eastern, north-eastern and northern boundaries of portion 6, by the northern boundary of portion 5, by the south-east and northern boundaries of portion 4, parish of Bundoora, by the southern and western boundaries of portion 1, parish of Wyndham, by the western boundary of portion 3, parish of Kirkcaldy, by the south-eastern, south-western and north-western boundaries of portion 2 by the southern and south-western boundaries of portion 6, parish of Dysart, by the south-western and western boundaries of portion 8, parish of Dunsmure, by the western boundaries of Lake Vermont and Vermont Holdings, by the southern and western boundaries of Cherwell and Wuthung Holdings, by the southern boundary of Wyena Holding, by the southern boundary of Nibbereena Holding, by the eastern, southern and western boundaries of Lambing Lagoon Holding, by the west boundary of Nibbereena Holding by the southern, western, northern and eastern boundaries of Glenaven Holding, by the north-western, northern and eastern boundaries of Nibbereena Holding, by the eastern boundary of Wyena Holding, by the south-western and southern boundaries of Picardy Holding, by the southern, eastern and northern boundaries of Norambah Holding, by the western boundaries of Broadlea and Wotonga Holdings, by the northern and north-eastern boundaries of Wotonga Holding, by the southern boundary of portion 2, parish of Kemmis, by the southern and eastern boundaries of portion 4, by the southern boundaries of portion 7, 6 and 5 to Nebo Creek, by that creek downwards to the north-west corner of portion 4, parish of Cockenzie, by the west, south-western, southern and eastern boundaries of that portion, by the north boundaries of portion 3 and R19 to Funnel Creek, by that creek downwards to portion 4, parish of Newstead, by the northern and eastern boundaries of that parish to the Connors River, by that river downwards to the south-west corner of portion 2, parish of Cardowan, by the southern boundary of that portion, by the north-eastern boundary of Markwell Holding, by the south-western and southern boundaries of Killarney Holding to the Connors Range, by the Connors and Broadsound Ranges generally south-easterly to Gilnorchie Holding, by the western boundaries of Gilnorchie and Langdale Holdings, by the Broadsound and Boomer Ranges to the north-west corner of Boomer Holding, by the western boundaries of Boomer and Rookwood Holdings, by the south-eastern boundary of Rookwood Holding to Melaleuca Creek, by that creek downwards to the north-west corner of portion 5, parish of Yarrow, by the eastern and south-eastern boundaries of portion 4 to the Fitzroy River, by that river downwards to the north-west corner of portion 25, parish of Mourangee, by the western and southern boundaries of that portion, by the south-western boundary of portion 10 to the Central Railway and by that railway generally westerly about 94 miles to the point of commencement.”
Second Schedule
8. The Second Schedule to the Agreement, as inserted by clause 6 of the Amending Agreement, is amended as follows:
(a) by deleting from paragraph (a) the figures “250” and “400” and inserting in their place the figures “500” and “800” respectively;
(b) by deleting sub-paragraph (ii) of paragraph (b) and inserting in its stead the following sub-paragraph:
“(ii) of the number of remaining blocks (including any blocks in respect of which existing leaseholders do not elect to take a new title in accordance with paragraph (i) above), being blocks that are not substantially more than a living area as defined in section 5 of ‘The Land Acts, 1962 to 1967’ of the State, not less than one-quarter of those in the areas described in paragraphs (a), (b), (c) and (d) of the First Schedule and not less than three-tenths of those in the area described in paragraph (e) of the First Schedule to be offered for sale at auction by the State for conditional purchase in their present state of development under conditions requiring development to minimum standards laid down by the State without the provision of financial assistance by the State from moneys provided under this agreement.”
(c) by inserting immediately after paragraph (b) the following paragraph:
“(ba) The State may develop any blocks to be allotted in accordance with paragraph (b) (iii) above to or partly to the minimum standards laid down by the State and the allotment of a block so developed is to be subject to the conditions that the allottee shall—
(i) pay to the State with interest and on such terms and conditions as may from time to time be determined by the State, the value as determined by the State of the development work; and
(ii) complete or perform such further development as may be required to attain the minimum standards laid down by the State”;
(d) by deleting paragraph (d) and inserting in its stead the following paragraph:
“(d) Each person who, in accordance with paragraph (b) (iii) above, is allotted a block which is not substantially more than a living area as defined in section 5 of ‘The Land Acts, 1962 to 1967’ of the State to have the right to a conditional purchase of the block but the Deed of Grant is not to issue until the block has been developed to the minimum standards laid down by the State and all amounts owing by the allottee to the State in respect of the block have been paid.”
Third Schedule
9. The Third Schedule to the Agreement, as inserted by clause 6 of the Amending Agreement, is amended as follows:
(a) by deleting from paragraph (b) the words “in respect of which allottees have accepted offers made by the State in accordance with paragraph (c) of the Second Schedule”;
(b) by deleting from paragraph (b) the word “and” after sub-paragraph (v) and by inserting in that paragraph immediately after sub-paragraph (vi) the following sub-paragraph:
“(vii) the cultivation of suitable areas”;
(c) by deleting paragraph (c) and inserting in its place the following paragraph:
“(c) In the defined areas the improvement to all-weather gravel standard of approximately 250 miles of roads declared under ‘The Main Road Acts, 1920 to 1965’ of the State and the construction or improvement of not more than 1,000 miles of access roads dedicated by the Crown.”
IN WITNESS WHEREOF this agreement has been executed by the parties as at the day and year first above written.
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HAROLD HOLT |
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FRANK NICKLIN |
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Section 3C
AN AGREEMENT made the day of One thousand nine hundred and seventy- between—
THE COMMONWEALTH OF AUSTRALIA (in this agreement called “the Commonwealth”) of the one part, and THE STATE OF QUEENSLAND (in this agreement called “the State”) of the other part.
WHEREAS—
(a) by an agreement between the Commonwealth and the State made the first day of December 1962 (in this agreement called “the Agreement”) provision was made for the Commonwealth to grant financial assistance to the State for the purpose of the further development of land in the Fitzroy River Basin;
(b) by further agreements between the Commonwealth and the State made the second day of December 1965 and the twenty-seventh day of April 1967 (called respectively “the Amending Agreement” and “the Second Amending Agreement” and referred to in this agreement as “the Amending Agreements”) the plan of development provided for by the Agreement was amended, the operation of the Agreement was extended to the development of additional land and for an additional period of time and the terms and conditions on which the assistance was provided under the Agreement were varied;
(c) the Agreement and the Amending Agreements have been approved and the payment of financial assistance to the State on the terms and conditions provided thereby has been authorized by the Parliament of the Commonwealth by the Brigalow Lands Agreement Act 1962 as amended by the Brigalow Lands Agreement Act 1965 and the Brigalow Lands Agreement Act 1967;
(d) the Agreement and the Amending Agreements have been approved and their implementation provided for by the Parliament of the State by “The Brigalow and Other Lands Development Acts, 1962 to 1967”;
(e) it is proposed that, subject to the approval of the Parliament of the Commonwealth and of the State, the terms and conditions on which financial assistance is provided under the Agreement as amended by the Amending Agreements be further varied as set out in this agreement:
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall have no force or effect and shall not be binding on either party unless the execution of it on behalf of the parties shall have been authorized, or having been executed on behalf of the parties, that execution is approved, by the Parliament of the Commonwealth and the Parliament of the State.
2. When this agreement comes into force, the Agreement as amended by the Amending Agreements (in this agreement called “the Principal Agreement”) shall be construed and take effect as further amended by this agreement, which shall be known as the Third Amending Agreement.
3. Clause 7 of the Principal Agreement, which was amended by clause 4 of the Second Amending Agreement, is further amended by inserting after sub-clause (2) the following sub-clause—
“(2A) Notwithstanding sub-clause (1), interest shall not accrue under this clause in respect of any payment or advance or any amount referred to in paragraph (a) of sub-clause (2) during the period which commences on the sixteenth day of July, 1977 and ends on the fifteenth day of July, 1978 and accordingly no amount shall be payable under paragraph (c) of sub-clause (2) on the fifteenth day of January, 1978 or on the fifteenth day of July, 1978.”
4. Clause 8 of the Principal Agreement, being the clause that was inserted by clause 5 of the Second Amending Agreement, is amended by inserting after sub-clause (3) the following sub-clauses—
“(3A) Notwithstanding sub-clause (1) of this clause, instalments shall not be payable by the State under that sub-clause on the fifteenth day of January, 1978 and on the fifteenth day of July, 1978.
“(3B) Subject to sub-clause (4), the half-yearly instalments payable by the State under this clause on and after the fifteenth day of January, 1979 shall be of amounts that are as far as practicable equal and will repay the unpaid balance of each payment or advance as at that date or pay the amount or balance of each amount referred to in paragraph (b) of sub-clause (2) of the last preceding clause by the number of instalments of such number that, when the number is added to the number of instalments that have been paid in accordance with sub-clause (1) of this clause and the number of instalments which are not payable by virtue of sub-clause (3A) of this clause, produces a total of 54 instalments.”
5. The State will arrange for the benefits that enure to the State by virtue of the amendments that are made to the Principal Agreement by this agreement to be accorded in an appropriate manner and an appropriate extent to the persons who are for the time being the holders of blocks that have been allotted subject to the repayment, with interest, to the State of the cost of development and stocking of the blocks.
The
Act | Number and Year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
103, 1962 | 14 Dec 1962 | 1 Feb
1963 (s | ||
122, 1965 | 18 Dec 1965 | 1 Feb
1966 ( | — | |
48, 1967 | 26 May 1967 | 26 May 1967 | — | |
216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 | |
148, 1977 | 10 Nov 1977 | 10 Nov 1977 | — |
am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
S. 2A...................................... | ad. No. 122, 1965 | |
am. No. 48, 1967 | ||
S. 3......................................... | am. No. 122, 1965 | |
S. 3A...................................... | ad. No. 122, 1965 | |
am. No. 48, 1967 | ||
S. 3B...................................... | ad. No. 48, 1967 | |
S. 3C...................................... | ad. No. 148, 1977 | |
S. 4......................................... | am. No. 122, 1965; No. 48, 1967; No. 148, 1977 | |
S. 5......................................... | rep. No. 216, 1973 | |
Heading to Schedule.............. | rs. No. 122, 1965 | |
Heading to First Schedule...... | ad. No. 122, 1965 | |
Second Schedule................... | ad. No. 122, 1965 | |
Third Schedule....................... | ad. No. 48, 1967 | |
Fourth Schedule..................... | ad. No. 148, 1977 | |
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