Closer Settlement Act Amendment Act of 1917 (8 Geo v No. 10) (Qld)

LAND, CROWN. Closer Settlemelllt Act Amendment. 8 GEO. V. No. tOy 8NGoe.o 1 . 0 V . . An Act to Amend "The Closer Settlement Acts, THE CLOSER 1906-1913," in certain particulars. SETTLEMENT ACT [ASSENTED TO 6'l'H DECEMBER, 1917.] ~ ~ ~ ~ : ~ ' B E it enacted by the King's Most Excellent Majesty~ . by and with the advice and· consent of the Legis- lative Council and Legislative 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 Oloser Settlement :::struction Act Amendment Act of 1917," and shall be read as one of Act. with" The Oloser Settlement Acts, 1906-1913."* "The Oloser Settlement Act of 1906" is herein referred to as the Principal Act. Opening land for perpetual lease selection. 2. After the passing of this Act, except as to land then actually selected and held, sections twenty-nine· to thirty-three, both inclusive, and sections thirty-five and· thirty-six of. the Principal Act, and sections two and three of "The Oloser Settlement Act Amendment Act of 1913,'·'t shall not apply to the disposal of land acquired under the Principal Act, whether so acqui.red before or after the passing of this Act, but the following provisions shall be applicable in substitution therefor:- (I.) The remainder of the land (after making pro- vision for the purposes referred to in section twenty-eight of the Principal Act) shall, if not already open ~ or selection, be opened only for selection as Perpetual Lease Selections under "The Land Act of 1910"t and any Act amending or in substitution for the same and this Act. The notification shall state the capital value of each separate portion. (2.) The capital value shall be ascertained as fol- lows : - (i.) A SU:pl equal to one tenth part of the price actually paid (in cash or debentures) for the· land when acquired shall be added to that price, and the total so arrived at shall, after deducting the value of any improvements sold and of any land sold with them, be the least aggregate capital value of the land as notified for selection. * 6 Edw. VII. No. 32 and 4 Geo. V. No. 21, supra,·pages 1678 and 5908. t 4 Geo. V. No. 21, supra, page 5908. t 1 Geo. V. No. 15, printed as consolidated, Btipra, page 7943.

LAND, CROWN. 8299· 1917. Closer Settlement Act Ame11idment. (ii.) Subject to the foregoing provision, the capital· value of each portion shall be fixed by the Governor in Council. (3.) The Minister may, in the notification opening Priority. the land for selection, further declare that any person (not being a person exercising the right to retain as provided by section fifteen of the Principal Act) then or theretofore in lawful occupation of any portion of such land shall be entitled to priority; and if, on the day appointed as that on which the land will be open, an application by such person to select such land is lodged at the same time as applications by other persons, the application of such person shall be deemed to have been first lodged and shall be entitled to priority accordingly. (4.) With respect to any lands which, being open for selection under" The Closer Settlement Acts, 1906-1913,"* as Agricultural Farms or Unconditional Selections, were applied for after the date of the passing of "The Land Act Amendment Act of 1916,"t and the applications for which were accepted by the Commissioner, the following provisions shall apply :-All such applications for the same shall, at the option of the respective applicants, be deemed to have been made and accepted for a Perpetual Lease Selection under this Act; and the applicants shall, respectively, be entitled to hold the 'land accordingly under" The Land Act of 1910"t and any Act amending or in substitution for the same and this Act. (5.) All lands which at the date of the passing of "The Land Act Amendment Act of 1916 "t were open for selection as Agricultural Farms pursuant to section twenty-nine of the Principal Act, and which are not selected at the date of the passing of this Act, shall be available only for Perpetual Lease Selection under this Act; and the capital value of such lands shall be the amount stated as the purcha.sing price in the notification opening the same for selection. (6.) Any lessee of an Agricultural Farm or Uncondi- Selectors tional Selection under the Principal Act or the Acts : a~ ~ ~ ect repealed by section three of the Principal Act may ad~ nta. ge of surrender his lease and obtain in substitution therefor a thIS Act. perpetual lease of the land under this Act. * 6 Edw. VII. No. 32 and 4 Geo. V. No. 21, supra, pages 1678 and 5908. t 7 Geo. V. No. 19, supra, page 7604. ~ 1 Geo. V. No.. 15, printed as consolidated, supra, page 7943.

8300 LAND, CROWN. Closer Settlement Act Amendment. 8 GEO. V. No. 10, The capital value of the land under the new perpetual lease shall be the same amount as the purchasing price of the land under the surrendered lease, and the provisions hereinafter contained relating to the annual rent reserved shall be applicable thereto: Provided that no sums paid as rent under the sur- rendered lease shall be credited to the new perpetual lease, except in respect of the unexpired part of the year during which the surrender of the subsisting lease is made: Provided also that where at the t.ime· of surrender the selection has been held for more than fifteen years the second period of the new perpetual lease shall be deemed to have begun on the date of the issue thereof, and the Court shall, upon application by the Minister or the lessee, fix the rent for such period as hereinafter prescribed. Application 3. Section one hundred and four of "The Land Act so. f1L0a4n. d Act, Of 1910,"* as amended by "The LandAct Amendment Act of 1916,"t shall aJ?ply to Perpetual Lease Selections under this Act, but with the following modifications :- In lieu of subsections two and three of the said section, the following provisions shall be applicable :- During the first fifteen years the annual rent reserved shall be a sum equal to a rate per centum to be fixed by the Minister of the notified purchasing price of the land as an Agricultural Farm where the land was opened for selection before the passing of this Act, or a sum equal to a rate per centum to be fixed by the Minister of the notified capital value of the land where the land is opened for selection after that date; but in either case such rate shall not exceed the rate per centum paid by the Crown as interest on the purchase money for the particular estate of which the land forms part. The annual rent for each period of fifteen years thereafter shall be determined by the Court upon the application of the lessee or the Minister, made at least six months prior to the expiration of the then current period. Such rent shall be fixed at a sum not exceeding five pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood. * 1 Geo. V. No. 15, printed as consolidated, supra, page 7943. t 7 Geo. V. No. 19, supra, page 7604.

LAND, CROWN. 8301 1917. Closer Settlement Act Amendment. If no such application is made within the prescribed time, the rent then payable shall continue to be the :rent for the next period of fifteen years. 4. Except as herein otherwise provided, the provi- Application sions of "The Land Act of 1910"* and every Act amending 1c! ' s~ nd or in substitution for the same, relating to the disposal of land by selection, shall apply to the disposal of land under the foregoing provisions of this Act. 5. After the passing of this Act, section four of Sales by "The Oloser Settlement Act Amendment Act of 1913 "t : ~ ~ ~ ? : c~ ~ es. shall not apply to the disposal of lands acquired under the Principal Act, but the following provisions shall be applicable in substitution therefor :- (1.) Notwithstanding anything contained in this Act, any land which has been surveyed and set apart for disposal as town or suburban allotments, or which has been surveyed for agricultural farm selection or perpetual lease selection, may be sold by public auction as Per- petual Town Leases or Perpetual Suburban Leases or Perpetual Country Leases under Part V. of "The LandAct of 1910, ' ~ * as amended by "The Land Act Amendment Act of 1916";t and the proceeds of all such sales shall be placed to the credit of the Special Trust Account provided for in section seven of the Principal Act. (2.) Section one hundred and twenty-one of "The LandAct of 1910,"* as amended by "The LandAct Amendment Act of 1916,"t shall apply to all such lands with the following modifications, namely :- (i.) Subsection (iii.) shall be read as if for the words " three pounds" the words " five pounds" were substituted. (ii.) Subsection (iv.) shall be read as if for the words "three pounds" the words "five pounds" were substituted, and as if after the word "neighbourhood" the words" but shall not exceed five pounds per centum of the amount bid for the land at public auction" were inserted. LAND, RESUMPTION OF, FOR PUBLIC WORKS. See \VORKS. * 1 Geo. V. No. 15, printed as consolidated, supra, page 7943. t 4 Geo. V. No. 21, supra, page 5908. ~ 7 Geo. V. No. 19, supra, page 7604.