Closer Settlement Act of 1906 (6 Edw VII No. 32) (Qld)

LANDS. 9067 Lands Sales ProGeerls AM. 6 EDW. VII. No. 16,1906. LANDS. STATE FORlliITS AND NATIONAL PARKS. See FORESTS. Lands Sales Proceerls Act of 1906 .. 6 Edw. VII, No. 16 Oloser Settlement Act qf 1906 6" Lands for Ol(jJser Settlement Special Purchase AGt· of 1906 ... 6" " 32 ,,26 . An Act to Provide for the Payment into the Loan 6 Edw. VII. Fund Account of all Proceeds of Sales by N; · H~ 6. A uc t I - on 0 f C rown L an d s I . n pursuance 0 fLANPRDOSOE S E A D L S ES Part VI. of "The LandAct, 1897." AOT OF 1906. [ASSEN'l'ED TO 29TH NOVEMBER, 1906.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. Th.is Act may be cited as "The Lands Sales Short title. Proceeds Act of 1906." 2. All moneys received in payment for land sold by Application auction after the passing of this Act, under the authority °laf. nPdrsoaceelel! d.s of of Part VI. of "The LandAct, 1897,"* or subsequently purchased under section one hundred and seventy-five of that Aet, shall be paid into the Loan Fund Account, and shall be applied in defraying the cost of such works as Parliament may from time to time determine shall be executed out of moneys standing to the credit of such Loan Fund Account: Provided that nothing in this Act shall affect the appli- 'ffition of the proceeds arising from the sale of land under the authority of "The Special Sales of LandAct of 1901."t An Act Providing for the Acquisition of Land for 6 Edw. VII. [ .J Closer Settlement, and for other purposes. . ASSENTED TO 14TH DECEMBER, 1906. TH~ ~ r~ : ~ ER SETTLEMENT AOT OF 1906. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of ~ ueensland in Parliament assembled, and by the authority of the same, :as follows : - Prelim.inary. 1. 'fhis Act may be cited as " The Oloser Settlement Short title. Act of 1906." * 61 Vic. No. 25, supra, ;page 6228. t 1 Edw. VII. No. 25, supra, page 8152.

9068 LANDS. Oloser Settlement Act. 6 Enw. VII. No. 32, Interp::-e. tation. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say- .Agricultural Lands Purchase Acts. " Agricultural Lands Purchase Acts"-" The Agri- cultural Lands Purchase Acts, 1894 to 1901,"* "The A,qriculturat Lands Special Purchase Act of 1901,"t and" The Iderawwy Estate Special Purchase Act of 1905" ~ ; Land, Court; Land Appeal Court. "Land Court"; "Land Appeal Court "-The Land Court and Land Appeal Court respectively constituted under" The Land Act, 1897"§ ; Minister. "Minister "-The Secretary for Public Lands or other Minister of the Crown charged for the time being with the administration of this Act; Owner. " Owner"-Any person owning private land in fee- simple; the term includes any person who, as trustee, executor, administrator, life-tenant, mortgagee, or otherwise howsoever, possesses the legal power of sale of private land in fee- simple, whether with or without the consent of the Supreme Court or of any person having any estate or interest in the land; Prescribed. " Prescribed "-Prescribed by this Act or Regula- Private land. tions made thereunder; "Private land "-Anv land alienated from the Crown for an est~ te in fee-simple, other than land granted to any persons as trustees by way of endowment or as a reserve for any public purpose. Repeal. 3. "The Agricultural Lands Purchase Acts, 1694 to 1901,"* and section forty-four of " The Land Acts and Agricultural Lands Purchase Acts Amendment Act of 1905," I1 are repealed; and the short title of the said last- mentioned Act shall be amended so as to read ".The Land Acts Amendment Act of 1905." Notwithstanding such repeal, the Special Trust Funds established under the said repealed enactments in connec- tion with the several estates acquired under the Agricul- tural Lands Purchase Acts shall be continued; and all * 58 Vic. No. 27, supra, page 4988; 61 Vic. No. 13, supra, page 6223; and 1 Edw. VII. No. 9, supra, page 8133. t 1 Edw. VII. No. 23, supra, page 8136. :t: 5 Edw. VII. No. 21, supra, page 8884. § 61 Vic. No. 25, supra, page 6228. 11 5 Edw. VII. No. 28, a«pra, page 8891.

LANDS. 9069 190(3. azo. ~ er Settlement Act. moneys required to be paid to the credit of such Funds shall be so paid as if such repeal had not taken place. All lands which have been acquired under the Agricultural Lands Purchase Acts, and have not been selected at the date of the passing of this Act, or may thereafter become available for re-selection, shall be dis- posed of in accordance with this Act as if they had been acquired thereunder, except that all moneys received for rent, survey fees, or purchase money in respect of any such lands when selected shall be placed to the credit of the Special Trust Fund established in connection with the particular estate of which such lands formed part. Resumption of Land a,nd Payment the'l'ifor. 4. ~ ' or the purposes of closer !'Iettlement the Minister, Pow~ r to wi~ h the appro~ al of the Governor i~ Oouncil, may, under ~~ i~l~~; :nd thIS Act, acqmre for the Orown, eIther by agreement or settlement. compulsorily, private land in any part of Queensland; all land so acquired shall thereupon become Orown land as if the same had never been alienated from the Orown. 5. '(1.) The price or compensation payable in respect PlI:yment of of all land acquired by the Minister under this Act may prlCe. be paid for by him in cash from tbe Oonsolidated Revenue Fund, or in cash, the proceeds of the sale of debentures, or, at the option of the Minister and with the consent of the owner, wholly or in part by the issue to the owner of debentures. 'fhe debentures shall be so issued at such a price as, in the opinion of the Auditor-General, will truly represent ~ heir cash market value in Brisbane on the day of such Issue. (2.) Subject to this Act, the Governor in OouncilDebentures, may from time to time issue such debentures as may be necessary for the purposes of this Act. All such debentures shall be secured upon the Oonsolidated Revenue Fund, shall bear interest at a rate not exceeding four pounds ten shillings per centum per annum, and shall be redeem- able thirty years after the date thereof. When the price or compensation has been paid in cash from the Oonsolidated Revenue Fund, the amount thereof shall bear interest at the same rate as if debentures had been issued in respect thereof. (3.) Provided that the total liability incurred in the f.i~j~ to acquiring of land under this Act shall not exceed, in any i: cur~ : d.

9070 LANDS. OlolSer Settlement Act. 6 Enw. VII. N@'. 32, period from the first day of July in anyone year to the thirtieth day of June in the following year, the sum of five hundred thousand pounds. sDwigehnbeenedndttuuorleybse Gove 6 rn . o(r1.i)n ACllodunebcielntuunrdeserputhrpisorAtincgt, taonbde siisgsnueedd bbyy tthhee bdaeuemede. d duly GCoouvnecrnilo, r anodr bcyounthteersigVniceed-Pbreysitdh.eentTroefastuhreer,Exsheaclultibvee deemed to have been dulv issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorised. a In p te ri r m es a t ry to be (2.) The interest upr}ll any debentures issued under charge on this Act shall be a charge upon the Consolidated revenue. R.evenue Fund, and shall when due be paid by the Treasurer out of such fund in priority to all demands thereon, except the charges and expenses of the collection of the revenue and the interest upon the several sums borrowed under the authority of the Government Loan Acts of 1872, 1875, 1876, 1877, Ib78, 1879, 1881, 1882, 1884, 1889, 1890, 1894, 1896, 1899, 1!:J00, and 1902,· the Agricultural Lands Purchase Acts, "The Savings Bank (Securities) Act of 18Sl5,"t and the Treasury Bills Acts of 1901 and 1902. t .Appropria. tion of reeeipte. 7. When cash has been paid from the Consolidated Revenue Fund, or debentures have been issued, or the pro- ceeds of the sale of debentures have been applied, in payment of the price or compensation in respect of land acquired under this Act, all moneys received for rent, survey fees, or purchase money in respect of land selected and form- ing part of any estate so acquired shall be paid into the Consolidated Revenue Fund, and shall be placed to the credit of a Special Trust Account by a descriptive name, and shall be applied in the first place in defraying the costs, charges, and expenses of and in connection with the acquir- ing and survey of the land, and in the second place in payment of the interest upon the cash paid or debentures issued in respect. of the price or compensation, and the ... 36 Vie. No. 24, supra, page 1304; 39 Vie. No. 8, 8t/,pra, page 1306; 40 Vie- No. 19, supra, page 1307; 41 Vie. No. 22, supra, page 1308; 42 Vie. No. 10, 8Up'1'a, page 1310.; 43 Vie. No. 6, supra, page 1311; 45 Vie. No. 8, supra, page 1313; 46 Vie, No. 16, lIupra, page 1314; 47 Vie. No. 10, supra, page 1316; 48 Vie. No. 25, supra, page 1317; 53 Vie. No. 16, supra, page 3772; 54 Vie. No. 25, supra, page 4013; 58 Vie. No. 32, supra, page 4997; 60 Vie. No. 17, supra, page 6013; 63 Vie. No. 14, supra, page 7137; 64 Vie. No. 24, supra, page 7362; and 2 Edw. VII. No. 27, supra, page 8353. t 59 Vie. No. 20, supra, page 5600. :I: 1 Edw. VII. No. 4, supra, page 8166 j. and 2 Edw. VII. No. 26, '''Pra.page 8352. .

LANDS. 9071 19Q6. Cl08er Settlement Act. surplus shall be accumulated to form a fund for repay- ment of the cash advances or for redeeming the debentures at maturity. 8. (1.) When the Minister is of opinion that it is Member of desirable to acquire the whole or part of the private land ~ ~ n~ ~ ~ ~ rt of any owner for the purposes of closer settlement, he may and repolt. SO inform the Land Court. (2.) Thereupon a member of the Land Court, upon giving to the owner such notice as may be prescribed, shall inspect the land and report thereon to the Minister. (3.) Such member of the Land Court, with such assistants as he thinks fit, may at any time enter upon the land and remain thereon for such time as may be necessary to enable him to obtain sufficient information, and if need be to cause surveys to be made, for the preparation of his report. 9. Every such report shall, as far as practicable, Nature of specify the- report. (i.) Area, situation, and description of the land it is proposed to acquire; (ii.) Name and address of every owner thereof; (iii.) Purposes for which the land is suitable; (iv.) The value of the land, including all improve- ments and buildings thereon; and (v.) Such other particulars as the Minister may require or as may be prescribed. 10. Upon receipt of the said report, the Minister, with Mini~ ter may the approva1 0 f the Governor I.n Cou' n1m, may o . u re er t 0 the a b c y qamgrreeelmanednt. owner of the land and enter into an agreement with him to purchase the same at a price not exceeding by more than one-tenth the value thereof stated in the said report, and may, on behalf of His Majesty, execute all instruments and do and perform all acts necessary for the completion of such purchase. Compulsory Provisions. 11. The compulsory provisions of this Act shall only Case$in which apply where the private land proposed to be acquired ~ ~ ~~ : ~~ r; be under this Act exceeds twenty thousand pounds in value, exercised. exclusive of improvements. 12. If, after an offer to purchase land has been made Land may under this Act to any owner, the owner refuses to sell or ~ : ~ ; ~ 1~ orilv. it appears to the Minister that no agreement for sale can .

9072 LANDS. OlOI/Fr Settlement .Art. 6 Eow. VII. No. 32, be come to, the Minister may, with the approval of the Governor in Council, acquire such land compulsorily under this Act: . Provided that where an estate so acquired does not exceed one hundred thousand acres in area the owner shall not, without his own consent, be required to give up posses- sion of more than one-half of any such area in anyone year after the date of the award hereinafter mentioned; and where an estate so acquired exceeds one hundred thousand acres in area the owner shall not, without his own consent, be required to give up possession of more than one-third of such area in anyone year after the date of such award. And in every such case the parts of the estate which the owner shall be required to successively give up possession of, the times of giving up possession in each year, and the instalments of the compensation mone.v to be paid to him therefor shall be fixed by the award of the Land Appeal Court as hereinafter provided. Notice of intention to take l&nd to be gazetted. 18. (1.) Whenever it is intended to acquire land com- pulsorily, the Minister shall cause notice of such intention to be published in the Gazette and in some newspaper generally circulating in the district in which such land is situated. (2.) Such notiee (hereinafter called the" requisition") shall be in the prescribed form, and shall- (a) Specify the acreage and description of the land; (h) So far as is known specify the name and ~ ddress of every owner thereof; (c) Require every claimant to serve his claim for compensation on the Minister in the form and manner and within the period prescribed. Service of 14. (1.) As soon as conveniently may be after pub- requisition on lication of the requisition, the Minister shall in manner owner. prescribed serve on every owner of the land a Gazette copy of the requisition. (2.) The requisition, when served, shall be accom- panied by a plan and description, setting forth the acreage of the land. (3.) If the requisition comprises part only of the owner's land (held as one property), the owner may require that the requisition shall be deemed to include the whole of such land.

LANDS. 9073 1906. Closer Settlement .dct. 15. (1.) The owner of an el'tate in possession the Right of whole of which is proposed to he taken compulsorily shall ~ : : : ; ~rt. have the right to retain in one block out of the estate, for the purposes of residence or business, land the value of which (without taking into account any buildings or other improvements thereon) does not exceed ten thousand pounds, or fifteen thousand pounds in the case of an .estate the unimproved value whereof exceeds fifty thou- sand pounds, or twenty thousand pounds in the case of an estate the unimproved value whereof exceeds one hundred thousand pounds. Where several persons are owners in possession of an estate, the right to retain may be exercised by the owners in such a way as they may decide, or in the event of their disagreement in such a way as the Land Appeal Court may determine, provided that the value of the area retained (without taking into account any buildings or other improvements thereon) does not exceed ten thousand pounds, or fifteen thousand pounds in the case of an estate the unimproved value whereof exceeds fifty thou- sand pounds, or twenty thousand pounds in the case of an estate the unimproved value whereof exceeds one hundred thousand pounds. (2.) If there is a homestead upon the land, the Minister may require the owner, in exercising his right to retain, to so exercise it as to include the homestead in the block retained, together with the outbuildings belonging -or adjacent thereto. If there is more than one homestead upon the land, the owner may elect which one is to be so included. (3.) Such right shall be deemed to be waived unless Olai~ to the owner asserts hI· S rI.ght'In hI' S c I a ' Im as here' Ina ft er pro- retarn part. vided, and also specifies therein with reasonable particu- larity the area, situation, and boundaries and value of the land (without taking into account any buildings or other improvements thereon) which he proposes to retain. If the owner proposes to retain a block having a frontage on a road, river, lake, or sea, the width and depth of the hlock shall be so regulated as not to exceed the proportion of one to two, the first figure representing the width; and in all other cases the block shall be laid off as nearly as practicable in the form of a square. (4.) The right to retain shall be so exercised as not ll!xercise of to prejudicially affect the land proposed to be acquired, rl~ht. save to the extent necessary in order to enable the owner to retain up to the prescribed maximum value.

9074 LANDS. Closer Settlement Act. 6 Enw. VII. No. a2, Rest.riction on disposition (5.) In order to prevent any evasion or avoidance of of estate. this section, the area of the whole estate shall be com- puted as at the date of publication in the Gazette of the requisition, and no subsequent disposition of the estate, or any part thereof, shall operate to defeat the power of the Minister to acquire the land. If the land is not acquired by the Minister within nine mrmths after the date of such publication, then the restriction on the disposition of the land shall cease to have effect. And no further requisition shall be given in respect of such land or any part of it for a period of twelve months from the expiration of. the nine months herein- before specified, or from the publication of the notice of discontinuance of proceedings, as hereinafter provided. Owner's claim. 16. Not later than sixty days after service of the requisition, in the case of an owner in the Common- wealth of Australia at the time of the publication, or one hundred and fifty days in any other case, the owner shall serve on the Minister a claim, setting forth, with all such plans, descriptions, and particulars as the circumstances may require- (i.) The owner's demand (if any) to retain a block as hereinbefore provided; (ii.) The nature and particulars of the owner's estate or interest in the land, and of the estate or interest of every person who so far as he knows has any estate or interest in the land, and the nflture and particulars of all encum- brances, liens, and interests affecting the same respectively; (iii.) Each matter on account of which compensation is claimed, with full particulars of the nature and extent of the claim; (iv.) The amount claimed respectively for land to be acquired and for land injuriously affected by the acquiring of such firstmentioned land, giving the amount for each item separately; (v.) The total amount claimed; and (vi.) Such further or other particulars as may be prescribed. Jurisdiction 17. All claims for compensation under this Act A~ ~ : ~ ldCourt. shall, subject to this. Act, be determined by the Land A.ppeal Court; and for that purpose the provisions of

LA~ DS. 9075 1906. Closer Settlement Act. Part 11. of "The LandAct, 1897,"* relating to inquiries by that Oourt, shall be applicable so far as the same can be applied. No member of the LandOourt who has reported under this Act on any land shall sit in the Land Appeal Oourt which deals with such land. 18. (1.) The owner, not later than fourteen days Further after service of the claim for compensation, shall file in procedure. the office of the Registrar of the Land Appeal Oourt- (i.) A copy of the claim; and (ii.) A notice stating an address within three miles of the General Post Office at Brisbane at which he may be served; and shall serve a copy of such notice on the Minister. (2.) If the owner makes default in making or serving his claim, or if the owner or the Mini~ ter makes default in doing any other act, matter, or thing by this Act required or directed to be done, then, on summary application in that behalf by either party, a member of the Land Appeal Oourt may, on such terms as to costs or otherwise as he thinks fit, give such directions and make such orders as in his opinion are proper to enable the claim to be heard and determined and an award to be made and acted upon as fully and effectually as if the claim were properly before the Court. 19. (1.) The requisition and claim, and all matters Award. connected therewith, shall as soon as practicable be deter- mined by the Land AppealOourt, having regard to the provisions of this Act, in manner following, that is to say-, (i.) The Oourt shall in the first place determine and by its award declare what land, if any, the owner is entitled to retain; and (ii.) After such award, the Oourt shall determine and by separate award declare- (a) What sum is to be paid by way of compensa- tion, and to whom; and (b) Whatever else may be necessary for the pur- pose of adjusting the rights of all parties interested in 01' affected by the proceedings. (2.) At any time before the separate award has been Discontinu- made, the Minister may discontinue the proceedings byance. publishing in the, Gazette a notice under his hand that the • 61 Vie. No. 25, supra, page 6228.

9076 . 6 Enw. VII. No. 32, requisition has been revoke and the proceedings discon- tinued. A copy of such otice shall be filed with the Registrar of the Court, and a copy shall be served on the claimant at his address for s rvice. The claimant shall be entitled to payment of th proper costs and expenses incurred up to the date 0 the discontinuance, and the amount thereof shall, whe necessary, be fixed by the Court. The claimant sha I be entitled to include as expenses any loss directly nd reasonably caused in con- nection with the working of the land by reason of the requisition and the proceedings thereon. Principle of 20. (1.) In determining what sum is tn. be paid by dcoemterpmeninsain-g way of compensation in respect of land acquired or tion. injuriously affected, the Land Appeal Court shall have regard only to the value of the land, including all improve- ments and buildings thereon, and the loss (if any) to business and stock resulting directly and reasonably in consequence of such acquisition. (2.) The value of the land shall in every case be determined as at the date of the pUblication of the requisition. .A. ward. final and eonclusive. 21. (1.) The award of the Land Appeal Court shall be final and without appeal, and shall not in any event be subject to review by any other Court. (2.) The award may be made a rule of the Supreme Court on the application of the Minister or any pa:M;y thereto. (3.) 'fhe costs of and incidental to each award shall be determined by the Land Appeal Court at such amount as the Court deems just and reasonable, and shall be borne by either or both parties, as the Court may award. GCprooouvcnelacrniimlotro in tion 2 p 2 u . bl(i1s.h)edThienGtohveern G o a r z i e n tt C e, oudneccillamreayt, hbayt ptrhoeclalmanad- alacnqdusired. aspceqcuiifrieedd uinndtehratthisbeAhcatl. f in such award is compulsorily Land then to (2.) On and from the date of such publication, the TMeasjteisntyH. is land specified in the proclamation shall, without further or other authority than this Act, become and be deemed to be absolutely vested in His Majesty for an estate in fee-simple in possession, freed and discharged from all other estates and from all encumbranc~ s, liens, claims, rates, charges, and interests whatsoever.

1906. I,ANDS. Closer Settlement Act. 9077 Payment of Price or Oompensation. 23. The price or compensation in respect of all land "\V?en acquired under this Act shall in every case be deemed to ~ ~ ; : : sation be payable on the date on which the effective occupation payable. of the land acquired is given up to His Majesty. Before payment of such price or compensation, the claimant shall make out a title to the land, or to the interest claimed by him therein, to the satisfaction of the Minister, and shall deliver up all documents of title for cancellation; and the same shall be cancelled accordingly by the Registrar of Titles: Provided that nothing h.erein shall be construed to prevent any land being acquired from the owner in different parcels under an agreement to that effect and payment of the price for each parcel in manner agreed upon. Trustees. 24. In the case of land vested in trustees without Power of power 0 f sa I e, the 1 l' 0 1o1w' mg prOV.Is.Ions sha11 app I Y'tr s u al s e te g e iv s en w t h o ea anything in the instrument containing the trust or in this land acquired Act to the contrary notwithstanding :_ . from them. Ci.) Such land may be acquired under this Act in the same manner in all respects as if the trustees were the beneficial owners thereof with power of sale; (ii.) The price or compensation received by the trustees in respect of the land shall be held by them upon the same trusts as affected the land immediately prior to its being acquired; and, forCthepurpose of giving effect to the trusts, the trustees may, when necessary, apply the same in the purchase of other land: Provided that this subsection shall not affect the jurisdiction of the Supreme Court· to vary or modify the trusts in any case where such jurisdiction would have existed if the land had remained vested in the trustees; (iii.) The land so acquired shall be deemed to be discharged from the trusts theretofore affecting the same. Service of J)o(Juments. 25. (1.) Where an owner of any land is in Queens- Service. where land, all notices, requisitions, or instruments under this Act Q: ~ :~ ~ land. may be served on him either personally or by leaving the

9078 LANDS. Olo,er Settlement Act. 6 Enw. VII. No. 32, Gazette. copy with some other person apparently of the age of sixteen years or upwards for the owner at his last known place of abode or business. Absence of (2.) Where an owner of any land is not in Queensland owner. or cannot, after diligent inquiry, be found in Queensland, all such notices, requisitions, or instruments may be served on him by delivering a copy thereof to any attorney or agent of such owner in Queensland, or by posting the same in a registered letter to such owner, attorney, or agent, at his last known place of abode or business in Queensland,or service may be effected by leaving such copy with the occupier of such land, or, if there is no such occupier, by affixing t~ e same upon some conspicuous part of such land. Service on (3.) Where an owner of any land is a corporation or corporation. company, such copy shall be left at the principal office of business of such corporation or company in Queensland, or, if no such office can after diligent inquiry be found, shall be served on some principal member (if any) of such corporation or company in Queensland; or service may be effected by leaving such copy with the occupier of such land, or, if there is no such occupier, by affixing the same upon some conspicuous part of such land. Proceedings (4.) In no case shall proceedings for acquiring land uabnlqeu. estion. or the right of any person to claim compensation be questioned or prejudicially affected by reason merely that any notice, requisition, or instrument, or claim was not duly served or was not served within any prescribed time or in the prescribed form. lJisposal of Land. lDainsdp. osal of dispo 2 se 6 d . oLf aansdhwerheeinnafatecrqupirroevdideudn.der this Act shall be Unu~dlad~ 27. In any case where it appears to the Minister may e C 08e • that unformed and unused roads intersect any land acquired under this Act, and are not suitable to the sub- division of the land, the Governor in Council, by notifica- tion in the Gazette, may close such roads, and declare them to be subject to this Act, and thereupon they shall be deemed to be portion of the land acquired as aforesaid, and may be disposed of accordingly. Reserves. 28. A sufficient part of the land acquired under this Act shall be set apart for roads, public reserves, townships, and such other purposes as the Governor in Council thinks necessary.

LANDS. 9079 1906. Gloser Settlement Act. 29. The remainder of the land shall be proclaimed Opening ~and open . l (! or se l ec ' tIon as Agrl . cu It· ura IF arms un d er" Tk e L an d faonrdspelreiccteI.On' Aot, 1897,"* and any Act amending or in substitution for the same. The purchasing price shall be ascertained as follows : - (i.) A sum equal to one-tenth part of the price actually paid in cash or debentures for the land shall be added to that price or value, and the total so arrived at shall, after deducting the value of any improvements sold and of any land sold with them as hereinafter provided, be the least aggregate purchasing price to be paid by the selectors of the land so proclaimed open for selection; (ii.) Subject to the foregoing provision, the purchas- ing price of' each Farm shall be fixed by the Governor in Council. 30. Anv land acquired under this Act which has Opening b een proc I aI . m ". e d open . l (! or se 1 ec t I ' On as A gr ' lCu It ura 1 F arms, lUanncdofnodritional and has so remained open for at least twelve months without Selection. being selected, may be proclaimed also open for selection as Unconditional Selections. Notwithstanding anything to the contrary in any Act, the price at which any such land is opened for selection as an Unconditional Selection need not exceed its price as an Agricultural Farm. 31. The Governor in Oouncil may, in the Proclama- Priority. tion declaring such land to be open for selection, further declare that any person (not being a person exercising the right to retain as hereinbefore provided) then or theretofore in lawful occupation of any portion of such land shall be entitled to priority; and, if, on tile 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. 32. (1.) In the case of land selected under this Act, Termoflease. the term of the lease shall be twenty-five years instead of twenty years as provided by " The Land Aot, 1897." * (2.) The selector shall, within two years from the Con~ ition of issue of the license to occupy, either enclose the land with ! ~ ~ ~ ~ nf: nd - - - - - - - - - - - - - - - - - - - - - - - _ provements. *' 61 Vic. No. 25, 8upra, page 6228.

9080 LANDS. Closer Settlement Act. 6 EDW. VII. No. 32. a good and substantial fence or make substantial and permanent improvements on the land of a value equal to the cost of such a fence; and shall within that period make application, under section one hundred and sixteen of " The Land Act, 1897,"* for the prescribed certificate that he has performed the condition of improvement. (3.) If the selection is forfeited during the third or- fourth year of the term, the Orown shall be entitled to· have recourse against any improvements upon the selection for the amount of interest at the rate of five pounds per- centum per annum on the purchasing price from the end of the second year to the date of forfeiture. Annual rent. 33. The annual rent to be paid under this Act by the [Schedule.] lessee of any selection shall be in accordance with the rates- specified in the third column of the Schedule to this Act for everyone hundred I,ounds of the purchasing price. :&e nt includes Such rent includes the interest upon the portion of mterest . the purchase money wh l ' C h.( l'or the t' Ime be. mg remam. s unpaid, together with an instalment ofthe purchase money as set forth in the first and second columns respectively of the said Schedule. Amount to be The amount to be paid by a lessee upon acquiring the pacacidelfeorarted fee-simple of any such selection at any time after the fifth purchase. year and before the expiration of the term of the lease shall be a sum equal to the amount then remaining unpaid in respect of the principal of the purchase money, calculated in accordance with the rates specified in the fourth column of the said Schedule for everyone hundred pounds of the purchasing price. Improvements 34. Notwithstanding anything hereinbefore contained,. : a~ p~ : i: ~ ld if there are upon any land acquired under this Act any terms. improvements, the Governor in Oouncil, on the recom- mendation of the Land Oourt, may sell such improve- ments with or without the land on which they stand, or any adjacent land which may advantageously be used with it, to any person for such price, and upon such terms, and may require the payment to be secured by such security,. as he thinks fit. The purchase money upon any such sale, and any interest received in respect thereof, shall be appropriated in the same manner as rent and purchase money of the land as hereinbefore provided. * 61 Vic. No. 25, supra, page 6228.

LANDS. 1906. Oloser Settlement Act. 85 Any lessee of land which has been selected land Selectors under the Agricultural Lands Purchase Acts, and the term ~ ~ ~ ~ rAets of whose lease is twenty years, may surrender his lease, may elect to whereupon he shall be entitled to a fresh lease of the ! d~ : ntage of land for a term of twenty-five years, commencing at the this Act. date of the commencement of the surrendered lease, and [Schedule.] such lease shall be deemed to have been granted under this Act. In every such case an adjustment shall be made by the Minister so as to give due credit for the payments already made by the selector and bring the payments to be made by him in conformity with the table in the Schedule to this' Act. 36. Except as herein otherwise provided, the provi- Application of sions of "The LandAct, 1~ 97, " * and every Act amendingf:97~Act, or in substitution for the same, relating to the disposal of land by selection, shall apply to the disposal of land under this Act. General Provisions. 37. No stamp duty shall be chargeable upon or in Stamp duty respect of any contract entered into or document executed not payable. under this Act. 38. The Governor in Council may from time to time Regulations. make Regulations for all or any of the following purposes, that is to say:- (i.) Prescribing the forms of notices, requisitions, and claims in respect of land to be acquired compulsorily under this Act, and the procedure and forms to be used in making and disposing of claims for compensation in respect of the compulsory acquiring of land; (ii.) Fixing the time within which and the manner in which shall be done any act, matter, or thing for which under this Act a prescription is con- templated or required; (iii.) The disposal of purchase moneys or compensa- tion where the owners of land are absent from Queensland or are unknown or cannot be found; (iv.) Generally for any other .purpose for which Regulations are contemplated or required. All such Regulations shall, upon publication in the Gazette, have the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. D 61 Vic. No. 25, supra, page 6228.

9082 LANDS. Oloser 8!Jttlement Act. (j EDW. VII. No. 32, 1906. Pp R ra e er p slei o an r m t te t ed o ntt b o. e ment 39 in . eWacithhiynetahr, iratyredpaoysrt asfhtaelrl tbhee pmreeesetinntgedoftoPabrloitah- Houses of Parliament showing- (a) The locality and area of each block of land acquired under this Act, the name of the person from whom it was acquired, the price paid for the same, and the valuation for rating purposes as shown by the books of the Local Authorities; (b) The report of the member of the Land Court, and, in case of compulsory purchase, the award of the Land Appeal Court in each case; and (()) The condition and settlement ofall land acquired under this Act and the Agricultural Lands Purchase Acts. [See s. 33.J THE SCHEDULE. TABLE OF THE ANNUAL PAYMENTS TO BE MADE AS INSTALMENTS OF PURCHASE MONEY (SHOWING PRINCIPAL AND INTEREST SEPARATELY), AND THE PAYMENT, EXCLUSIVE OF RENT, TO BE MADE IN ANY YEAR AFTER THE FIFTH TO ACQUIRE THE FREEHOLD OF ANY SELECTION UNDER THIS ACT. ANNUAL PAYMENT. Payment to be - - - - - ~ ~ - - - - - --- --' ~~~ :Wni~ ~ Principal. Interest. Total. acquire Freehold. 1st year 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25th " " " " " " " " " " " " " " " " " " " " " " " " . . . . . . . . . . . . . . . . . . . . . 1£0 . . . . . . . . . . . . . . . . . . 0 B. d 0 . ... ... . . . . . . . . . 331 111488 5 7 2 ... 4 2 1 ... 4 6 3 ... 4 10 6 ... 4 15 1 . . . . . . 54 149 1. 100 ... 5 10 0 ... 5 15 6 ... 6 1 4 ... 6 7 4 . . . . . . . . . . . . 767 7 114037 10447 £100 0 0 £ ... B. d. . . . . . . ... 82 7 8 2 7 827 8 2 7 640 4 S 2 445 406 3 16' 4 3 12 1 3 7 6 329 217 9 2 12 7 271 2 13 1 15 3 1 90 123 o 15 3 079 £ 8. 10 0 ... ... ... 8 2 82 8 2 8 2 82 82 82 8 2 82 82 82 82 82 82 82 82 82 82 8 2 82 8 2 d. 0 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 £80 14 3 1£180 14 3 £ 8. d. . .. ... ... . .. ... 98 4 2 94 19 10 91 12 3 88 1 5 84 7 0 80 810 76 6 9 72 0 6 67 10 0 62 14 11 57 15 1 52 10 3 47 0 3 41 4 9 35 3 5 28 16 1 22 2 6 15 2 2 7 14 10