Crown Land Development Act of 1959 (8 Eliz Ii No. 25) (Qld)

418 LAND. Crown Land Development Act. 8 Buz. II. No. 25, LAND. (1) Grown Land Development Act of 1959 .. 8 Eliz. II. No. 25 (2) Land Acts and Other Acts Amendment Act of 1958 .................................................... (3) War Service Land Settlement Acts Amend­ ment Act of 1959 .. .. .. .. 7 Eliz. II. No. 71 8 Eliz. II. No. 19 8 f™ 25 IT' An Act Relating to the Development of Crown Land C rown L and D evelopment act op 1959. and Land Reclaimable from the Sea. [A ssented to 16 th A pril , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— short title. ( 1 .) This Act may be cited as “ The Crown Land Development Act of 1959.” Interprets- (2.) This Act shall be read as one with *“ The Land tion- Acts, 1910 to 1958.” Saving. ( 3 .) To the extent necessary to give operation and effect to this Act the provisions of *“ The Land Acts, 1910 to 1958,” and of f“ The Harbours Acts, 1955 to 1959,” shall operate and have effect subject to this Act. Develop- SSL. 2. (1.) Notwithstanding anything contained in *“ The Land Acts, 1910 to 1958,” or f‘ The Harbmrs Acts, 1955 to 1959,” the Governor in Council may, subject to this Act, issue under the provisions of *“ The Land Acts, 1910 to 1958,” and this Act to any person a lease of any land above or below, or partly above and partly below, high water mark as defined in f“ The Harbours Acts, 1955 to 1959.” (2.) Every lease issued pursuant to this section shall be called, and is herein referred to as, a Development Lease. Such leases shall be numbered in arithmetical progression beginning with the number “ 1 ”. * 1 G. 5 No. 15 and amending Acts, t 4 Eliz. 2 No. 40 and amending Acts.

LAND. 419 1959. Crown Land Development Act. (3.) Every Development Lease shall be for such term not exceeding thirty years as the Governor in Council thinks fit. (4.) Every Development Lease shall be subject to such terms and conditions as to rent and otherwise as are prescribed by this Act or, in so far as not prescribed by this Act, the Governor in Council thinks fit. (5.) Any Development Lease may be issued pursuant to this section without competition or may be offered for public competition. ( 6 .) A Development Lease comprising in whole or part land below high water mark as defined in *“ The Harbours Acts, 1955 to 1959,” shall not be issued without the prior consent of the Minister for the time being administering *“ The Harbours Acts, 1955 to 1959.” (7.) The Minister may require an applicant for a Development Lease to furnish to the satisfaction of the Minister proof of his capacity, financial and otherwise, to perform the conditions on and subject to which the Minister is prepared to recommend that the lease be granted. 3. Without limit to the power of the Governor in conditions Council to subject any Development Lease to such terms ^entLewes, and conditions he thinks fit, the Governor in Council may subject any Development Lease to conditions specifying— (a) The purposes for which the land comprised in the lease is to be developed which purposes may include any or all of the following, that is to say manufacturing, business, industrial, residential, tourist and recreational purposes ; ( (b) The purposes for which particular parts or portions respectively of the land comprised in the lease shall be developed; (c) The roads, bridges, viaducts and other works to be constructed, whether within or without, or both within and without, the boundaries of the land comprised in the lease for the purpose of providing or improving access to, through, over, under or in the vicinity of such land or any part or portion thereof; * 4 Eliz. 2 No. 40 and amending Acts.

420 LAND. Crown Land Development Act. 8 E liz . II. No. 25, ( d) The levelling, top dressing, draining, subdivisional roads, and other works and things to be done or constructed for developing the land for any purpose or purposes specified in the lease; (e) The standards of materials and workmanship to be observed in respect of the construction of any road, bridge, viaduct or the levelling, top dressing or draining of any land, or the carrying out of any works in performance of any of the conditions of the lease; (/) That any land comprised in the lease which is below high water mark as defined in *“ The Harbours Acts, 1955 to 1959,” shall be reclaimed, and the height above such high water mark to which it shall be raised by reclamation, the works to be constructed for the purpose of reclaiming the land, and the standards of materials and workmanship to be observed in respect of such works; (g) The time within which the lessee shall begin to perform any condition specified in the lease, the rate of progress to be made by the lessee during any specified period of time towards completing the performance of any such condition, and the time within which the lessee shall perform any such condition ; (h) The nature and amount of the security to be provided by the lessee for the due performance of the conditions of tbe lease ; (j) The purchasing price or the method of determining or calculating the purchasing price to be paid by tbe lessee to the Crown for an estate in fee-simple in any subdivision permitted by the Minister pursuant to section four of this Act of land comprised in the lease.4 Subdivisions 4. (1.) The land, or any part or portion of the mofeDntevLeelaospe­s. land, comprised in a Development Lease shall not be subdivided without the prior permission in writing of the Minister. * 4 Eliz. 2 No. 40 and amending Acts.

LAND. 1959. Crown Land Development Act. The requirement imposed by this subsection shall be deemed to be a condition of the lease. (2.) The Minister may, in respect of an application to subdivide the land, or any part or portion of the land, comprised in a Development Lease require, according as he deems fit, having regard to the circumstances of the application, any of the conditions of the lease to be performed in full or to the extent determined by him. j (3.) The lessee shall apply in writing to the Minister for permission to subdivide the land, or any part or portion thereof, and shall lodge with the application a plan of the land or of the part or portion (thereof to which the application relates, which shall exhibit distinctly delineated all roads, streets, passages, thoroughfares, lanes, pathways, parks, squares or reserves to be appropriated or set apart for public use and all subdivisions into which the said land or part or portion thereof, as the case may be, may be divided marked with distinct numbers or symbols, and every such plan shall be certified as accurate by the declaration of an authorised surveyor before a Justice of tljie Peace. (4.) The lessee shall endorse on such plan that he agrees to the plan of subdivision. (5.) If the Minister is of opinion that the plan is satisfactory, that every requisition made by him, including pursuant to subsection two of this section, has been carried out and that the requirements of *“ The Local Government Acts, 1936 to 1958,” (or, as the case requires, f“ The City of Brisbane Acts, 1924 to 1959,”), in respect of the subdivision of land have been complied with, he may grant permission in writing for subdivision in accordance with the plan. Upon granting such permission the Minister shall cause the plan to be deposited and registered in the office of the Surveyor-General and thereupon and thereafter, whilst comprised in the Development Lease, the land shall not be dealt with under $“ The Land Acts, 1910 to 1958,” and this Act otherwise than in accordance with that plan of subdivision. * 1 G. 6 No. 1 and amending Acts. * t 15 G. 5 No. 32 and amending Acts. t 1 G. 5 No. 15 and amending Acts. 421

422 LAND. Crown Land Development Act. 8 E liz . II. No. 25, ( 6 .) Upon and by virtue of the registration in the office of the Surveyor-General of any plan whereto this section applies all land thereunto exhibited and delineated on the plan shall become and be appropriated and set apart for public use as roads, streets, passages, thoroughfares, lanes, pathways, and squares respectively and shall vest in the Crown, and all land exhibited and delineated on the plan as parks and reserves shall be set apart as such under the applicable provisions of *“ The Land Acts, 1910 to 1958.” Security for 5 . (l.) The Minister may require any applicant Sf conSKM for a Development Lease to give to the Grown security of lease. 0f guch nature and to such amount as he determines for the performance by such applicant or lessee of the conditions of the lease or such of those conditions as are specified by the Minister. (2.) No deed of grant for an estate of freehold shall issue pursuant to a subdivision of a part or portion only of the land comprised in a Development Lease unless and until the lessee shall have given to the Crown security of the nature and amount determined by the Minister for the performance by the lessee of the conditions of the lease, or such of those conditions as are specified by the Minister, to the extent to which they remain to be performed at the time in question. Tbe amount of such security shall be such sum as in the opinion of the Minister will require to be expended to perform the conditions of the lease or, as the case may be, such of those conditions as are specified by the Minister to the extent to which they remain to be performed at the time in question. Neither this subsection nor any security given under this subsection shall entitle the lessee to a deed of grant of any land comprised in a Development Lease prior to the performance of any and every condition of the lease which, it is a condition thereof, shall be performed prior to the issue of the deed of grant. (3.) If the lessee of a Development Lease who has given any security to the Crown pursuant to this section, fails in any respect to perform the conditions of the lease in respect whereof he has given that security, the amount of that security shall become and be due *1 Gr. 5 No. 15 and amending Acts.

LAND. 1959. Crown Land Development Act. and payable to the Crown, and if not paid upon demand made on behalf of the Crown, may be recovered as a debt due to the Crown pursuant to *“ The Grown Remedies Acts, 1874 to 1930.” In and for the purposes of any proceeding to recover that amount, it shall be a genuine pre-estinmte of the damage suffered and recoverable by the Crown in respect of the failure by the lessee, and it shall not be competent for tbe defence to plead that such damage was less than such amount or that the same or any part thereof is a penalty or penal damages. The Governor in Council may upon the recommendation of the Minister reduce the amount so recoverable to such sum as he is satisfied is sufficient to defray the expenditure required to perform the conditions of the lease to the extent to which they remain to be performed at the time in question. 423 6 . (1.) Subject to this section the lessee may lessee may purchase from the Crown for an estate in fee-simple esTateh? any subdivision permitted by the Minister pursuant to fee-simpie section four of this Act of land comprised in a Development Lease. (2.) Save as prescribed by subsection three of this section a lessee shall not be entitled to so purchase any such subdivision until he has satisfied the Minister that he has bona fide contracted to sell the subdivision in question to a buyer at a price not less than the value thereof, and he has paid to the Crown the purchasing price specified in the lease, or as calculated according to the method specified in the lease. For the purposes of this subsection the value of any subdivision shall be the amount which, in the opinion of the Minister, an experienced person would be willing to pay for the fee-simple of the subdivision, assuming it were offered for sale, on such reasonable terms and conditions as a bona fide seller would require. (3.) The Minister may approve of the lessee purchasing from the Crown for an estate in fee-simple any such subdivision for any purpose approved by the Minister. * 38 V. No. 13 and amending Act.

424 LAND. Crown Land Development Act. 8 E liz . II. No. 25, The Minister shall not so approve unless and until he is satisfied that the lessee will bona fide use the subdivision in question for the purpose approved by the Minister. The lessee shall pay to the Crown for any subdivision the purchase whereof is approved by the Minister under this subsection, such purchasing price as is agreed upon between him and the Minister. Entry, 7. (1.) Any person authorised by the Minister or by the Local Authority in the Area whereof a Development Lease or any (or any part of any) road, bridge, viaduct or other works to be constructed pursuant to the conditions of the lease is, or is to be situated, may at any reasonable time and with such vehicles and assistants as he deems necessary for the purposes of such entry, enter or go in or on to any land comprised in such lease or any land whereon such road, bridge, viaduct, or other works (or any part thereof, is to be, is being, or has been constructed) and thereon or therein make such inspection or examination as he deems fit. ( 2 .) Any person who obstructs any person in the making of any entry, inspection or examination specified in subsection one of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds, which penalty may be recovered in a summary way under *“ The Justices Acts, 1886 to 1958.” Maintenance 8 . (1.) The lessee of a Development Lease shall of roads, &c. maintain and keep fit and ready for public use for the period specified in the lease any road, bridge, viaduct or other works constructed pursuant to the conditions of the lease and shall remedy every defect or failure that may appear or occur in any such thing during the period so specified to the satisfaction of the Minister and the Local Authority concerned or, as the case requires, Brisbane City Council. Every requirement imposed by this subsection shall be deemed to be a condition of the lease. ( 2 .) During the period the lessee of a Development Lease is required pursuant to subsection one of this section to maintain any thing specified in that section * 50 V. No. 17 and amending Acts.

LAND. 425 1959. Crown Land Development Act. he shall be legally liable for any defect or failure that may occur therein both to any person damaged by such defect or failure and by way of indemnity to the Crown and any Local Authority or Brisbane City Council, concerned. 9. (1.) Save in the case of death, mental sickness, Transfer, or bankruptcy of the lessee, or mortgagee exercising *“geof power of sale, a Development Lease shall not be transferable. ( 2 .) A Development Lease or any part or portion of the land comprised therein shall not be sublet. 10. (1.) Sections one hundred and twenty-nine, Application one hundred and thirty, one hundred and thirty-one, protons one hundred and thirty-three, one hundred and of the Land thirty-four, one hundred and thirty-five, one hundredActs' and fifty-six, one hundred and fifty-eight, one hundred and fifty-nine and 169 a of *“ The Land Acts , 1910 to 1958,” and all regulations under those Acts for the purposes of those sections shall, with and subject to all necessary adaptations, apply to a Development Lease. (2.) For the purposes of the application of the said section one hundred and fifty-six thereto a Development Lease shall be deemed a special lease under and within the meaning of *“ The Land Acts, 1910 to 1958.” 11. (1 .) If the Governor in Council is| of the Agreements, opinion that investigations, tests or experiments, or any thereof, are necessary or expedient to determine the potentialities of any Crown land or land lying below high water mark as defined in f“ The Harbours Acts, 1955 to 1959,” for development for manufacturing, business, industrial, residential, tourist and recreational purposes, or any of those purposes, the Governor in Council may enter into an agreement with any person, either after or without publicly inviting applications therefor, to grant to such person a Development Lease of the land in question subject to that person making in compliance with the terms and conditions of the agreement the investigations, tests or experiments specified in the agreement. * 1 G. 5 No. 15 and amending Acts, t 4 Eliz. 2. No. 40 and amending Acts.

426 LAND. Land Acts, Etc., Amendment Act. 7 E liz . II. No. 71, ( 2 .) Such an agreement shall not be entered into in respect of any land below high water mark as defined in *“ The Harbours Acts, 1955 to 1959,” without the prior consent of the Minister administering those Acts. (3.) Such agreement need not specify all or any of the conditions to which the Development Lease will be subjected if granted pursuant thereto. 7 E liz . II. An Act to Encourage the Breeding of Stud Stock by No. 71. T he L and Granting long term Leases, to Enable the Holders A cts and O ther A cts A mendment of certain Crown Leases to apply for Review of A ct of 1958. Rent by the Land Court, to Extend the provisions for the Freeholding of Perpetual Lease Tenures to other Tenures, to make better provision for the Eradication of Harrisia Cactus, and for those and other purposes to Amend "The Land Acts, 1910 to 1958," "The Closer Settlement Acts Amendment Act of 1917," "The Discharged Soldiers' Settlement Acts, 1917 to 1957," "The Tully Sugar Works Area Land Regulations Acts, 1924 to 1957," "The Land Acts Amendment Act of 1927," "The War Service Land Settlement Acts, 1946 to 1951," and "The Land Acts and Other Acts Amendment Act of 1957," each in certain particulars, and for other purposes. [A ssented to 19 th D ecember , 1958.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:— P reliminary . PART I. ----PRELIMINARY. short title. j _ This Act may be cited as “ The Land Acts and Other 'Acts Amendment Act of 1958.” Parts of Act. 2. This Act is divided into Parts as follows : — P art I. —P reliminary ; * 4 Eliz. 2 No. 40 and amending Acts.