Irrigation Acts Amendment Act of 1933 (24 Geo v No. 21) (Qld)

VETERINARY MEDICINES-WATER. 24 GEO. V. No. 21, 1933. Irrigation Acts Amendment Act. any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shaH mean days on which the House actually sits for the despatch of business. 14793 WATER. An Act to Make Better Provision for the Settlement 24 GEO. V and Development of the Lands within the N~ ~~ l. Dawson Valley Irrigation Area; to Amend IRRlG~~ ~ ION "The Irrigation Acts, 1922 to 1931," and! ~: ~ ~~ ~ ~~ . other Acts; and for other purposes. [ASSENTED TO 9TH DECEMBER, 1933.] B E it enacted by the King'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;- 1. (1.) This Act maybe cited as "The Irrigation Short title Acts Amendment Act of 1933." and . constructlOn (2.) This Act shall be read as one with *" The of Act. Irrigation Acts, 1922 to 1931," herein referred to as the Principal Act; and shall also be read as one with t" The Water Acts, 1926 to 1931," and t" The Land Acts, 1910 to 1932." (3.) The Principal Act and this Act, hereinafter collectively referred to as the Irrigation Acts, may collectively be cited as "The Irrigation Acts, 1922 to 1933." * 13 Geo. V. No. 29 and 22 Geo. V. No. 44, supra, pages 10218 and 14029. t 17 Geo. V. No. 12, 21 Geo. V. No. 4, and 22 Geo. V. No. 44, supra, pages 11733, 13195, and 14029. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

14794 WATER. Irrigation Acts Amendment Act. 24 GEO. V. No. 21, Commence- 2. *This Act shall come into operation on a date to ment of Act. be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Interpreta- 3. In this Act, unless the context other"wise tion. indicates, the following terms have the meanings set against them respectively, that is to say:- Dry. " Dry," as applied to land-Land situated outside the region of the channel system of an Irrigation Area; Land Acts. " Land Acts"-t" The Land Acts, 1910 to 1932," and any Act amending or in substitution for those Acts, and all regulations in force for the time being made or purporting to be made under those Acts, or any Act amending or in substitution for those Acts; Non- irrigable. "Non-irrigable," as applied to land-Land situated within the region of the channel system of an Irrigation Area but which, owing to its character or other circumstance, is not suitable for irrigation; Prickly-pear Land Acts. "Prickly-pear Land Acts"-t" The Prickly-pear Land Acts, 1923 to 1932," and any Act amending or in substitution for those Acts, and all regulations in force for the time being made or purporting to be made under those Acts, or any Act amending or in substitution for those Acts; This Act. "This Act"-This Act and all regulations and Orders in Council made hereunder. And generally, save as in this Act is otherwise provided, the terms used have the same meanings as are assigned to them respectively by the Principal Act and the Land Acts. Dawson Valley Irrigation Area. Application 4. Notwithstanding anything to the contrary ocferAtacitnto contained in the Principal Act, from and after the lands. commencement of this Act the land situated within the region the exterior boundaries whereof are Schedule. delineated on the map in the Schedule to this Act * Act proclaimed in force as from 1st January, 1934. See Proclamation of 21st December, 1933 (Gazette, 23rd December, 1933, page 1667). t 1 Geo. v. No. 15 and amending Acts, supra, pages 8775 et seq. t 14 Geo. V. No. 34 and amending Acts, supra, pages 10605 et seq.

WATER. 14795 1933. Irrigation Acts Amendment Act. shall be constituted and shall be an Irrigation Area known as the "Dawson Valley Irrigation Area," to which shall be extended and applied all the provisions of the Principal Act and of this Act in the same manner as if the Area had been constituted under the provisions of section nine of the Principal Act: Provided that lands within such Area held, at the commencement of this Act, under the Land Acts or the Prickly-pear Land Acts shall, until the termination by cancellation, forfeiture, expiry, resumption, surrender, or any other process of the existing lease or license of any such land, continue to be subject to the Land Acts or the Prickly-pear Land Acts, as the case may be : Provided further, that nothing in this Act shall be construed to derogate from the rights of priority conferred by the Land Acts on the lessees of pastoral holdings and Grazing Selections on the expiration of the leases of such holdings, and by the Prickly-pear Land Acts on lessees of Prickly-pear Leases upon surrender of such leases. 5. Notwithstanding anything in any other Act Payment of contained, all moneys received by the Crmvn as rent of rpernopt etor f un d , land held under any tenure within the Area shall be carried to the account of the proper fund of the Area. Perpetual Lease Selections. 6. Any Crown land within an Irrigation Area may Perpetual be proclaimed open for selection under the provisions ~ etset" of the Irrigation Acts and the Land Acts as e ec IOns, Perpetual Lease Selections, and any such land when selected shall be a holding within the meaning of the Land Acts: Provided that any such land may, if the Minister Group. thinks proper, be opened for Group Selection as SelectIOnS. Perpetual Lease Selections, and in such case the provisions of the Land Acts relating to Group Selection shall apply with, however, the following modifications :- (a) Before any such lands are actually notified to be open for selection as Perpetual Lease Selections they shall be allotted by the .Minister amongst applicants approved by him.

14796 WATER. Irrigation Acts Amendment Act. 24 GEO. V. No. 21, (b) At such time after the date of allotment of any portion to an approved applicant as the Minister may determine, such allottee may enter upon the portion for the purpose of effecting his improvements or maintaining existing improvements. (c) Within three months from the date of allotment of any portion to an approved applicant such allottee shall personally commence to occupy the portion, and shall continue thereafter to occupy the portion. He shall commence to improve the portion forthwith upon occupation; and, having commenced to make improvements, shall thereafter make progress to the satisfaction of the Minister, and shall, unless excused by the Minister, maintain in good order and condition all improvements on the portion whensoever or by whom effected. If an allottee fails to occupy his portion within the specified time, or to the satisfaction of the Minister to improve the portion allotted to him or maintain all improvement'3, he may be called upon by the Minister at any time prior to the date of the issue to him of a license to occupy to show cause to the satisfaction of the Minister, within a time to be fixed by the Minister, why the allotment of the portion to him should not be cancelled and his rights (if any) in the portion should not be forfeited. If he fails to show satisfactory cause for such failure the allotment of the portion to him may be cancelled and his rights (if any) in the portion may be forfeited by the Minister without any further notice or process. (d) Subject to the provisions of the last preceding paragraph hereof, at any time after the expiration of a period of six months from the date of allotment to an allottee the portion may be notified to be open for selection as a Perpetual Lease Selection, with priority of application to such allottee.

WATER. 14797 1933. Irrigation Acts Amendment Act. Within one month from the date of opening, or within such further period as the Minister may allow, the allottee shall complete his application to select the portion. 7. (1.) The opening notification in declaring land w~ : t' open for selection as Perpetual Lease Selections shall- : sta~ .lOn (i.) Appoint a place and a time, not being less than twenty-eight days from the date of the notification, at which the land will be open for selection; and at and after the time so notified the land shall be open for selection accordingly. (ii.) Declare the maximum area of land which may be applied for or held by anyone person in the whole area to which the notification has reference. (iii.) Specify the numbers of the portions and their respective areas and the annual rent per acre to be paid for the irrigable area, the non-irrigable area, and the dry area respectively in each portion. (iv.) State the number of acres which may be irrigated, which shall be known as the "irrigable area," the number of acres of non-irrigable land, and the number of acres of dry land. (2.) The notification may also- (i.) Declare the value or state a provisional valuation of any improvements upon a portion. (ii.) Declare that lots which are not contiguous may be applied for and held as one selection. (iii.) Impose such conditions as to ringbarking, improvements, or development works as the Governor in Council thinks fit to impose in order to secure the development of the land. In every case the notification shall declare the necessary particulars to be inserted in the conditions of lease for effecting the prescribed purposes.

14798 WATER. Irrigation Acts Amendment Act. 24 GEO. V. No. 21, (iv.) Impose the condition of personal residence during the first five years of the term. (v.) Restrict for a period of six months or less the right of applying for any particular portion or portions comprised in the notification to persons who do not hold any land under the Irrigation Acts or the Land Acts in Queensland, or who do not hold any freehold land in Queensland otherwise than town or suburban land. Maximum area. 8. No person shall at the same time apply for or hold two or more Perpetual Lease Selections- (i.) The aggregate area of which exceeds five thousand acres; (ii.) The aggregate area of irrigable land of which exceeds sixty acres. Rent. 9. The annual rent reserved for a Perpetual Lease Selection shall be during the first fifteen years an amount to be determined by the Minister. The rent for each period of fifteen years thereafter shall be determined by the Land Court. The Court, in determining the rent of an Irrigation Perpetual Lease Selection, shall have regard to- (a) The quality and fitness for agricultural purposes of the irrigable area, and the quality and fitness of the remainder of the land for either agricultural or grazing purposes; or the quality and fitness of the land for either agricultural or grazing purposes in cases where there is no irrigable land. (b) The distance of the selection from railway. (c) The irrigation service which is provided by the Crown. (d) The amount which experienced persons would' be willing to pay for land of similar quality under the same tenure in the same neighbourhood.

WATER. 14799 1933. Irrigation Acts Amendment Act. ,(e) Any other matters which in the OpInIOn of the Court affect the rental value of the land: Provided that, in determining the rent, regard shall not be had to any increase in the value of the holding attributable to improvements. 10. Except as varied by the Irrigation Acts and Provisions by the notification opening the land for selection, all the ~ ~ ~ ; ; ~ ~ cts provisions of the Land Acts relating to Perpetual Lease Selections shall be applicable to Perpetual Lease Selections applied for, granted, selected, acquired, or held under the Irrigation Acts and the Land Acts. Grazing Selections. 11. (1.) Any Crown land within an Irrigation Area ~ razi~g ma.y be procla'lmed open for se1ect'IOn under the "electIOns. provisions of the Irrigation Acts and the Land Acts as Grazing Homesteads or Grazing Farms. (2.) All the provisions of the Land Acts relating Provisions respectively to Grazing Homesteads and Grazing Farms ~ ~ ~ ~ ~ t~ ~ ts shall apply to the opening of Crown lands within an Area as Grazing Homesteads or Grazing Farms respectively, and to such selections respectively selected, acquired, and held under the Irrigation Acts and the Land Acts. Perpetual Town Leases. 12. (I.) The Minister with the approval of the Perpetual Governor in Council may, by notification, cause any£OWn Crown land within an Irrigation Area to be offered for eases. sale by auction as Perpetual Town Leases under the provisions of the Irrigation Acts and the Land Acts. (2.) The Minister may in his discretion at any time withdraw any such land from sale. 13. The notification shall- Requisites of notification. Ca) Specify the place and time of sale, being not less than twenty-eight days from the date of the notification. < b) Specify the numbers of the lots and the area and upset annual rent of each lot.

14800 WATER. Irrigation Acts Amendffnent Act. 24 GEO. V. No. 21, (c) Specify the amount of deposit to be paid at the time of sale, being not less than one year's rent. (d) In every case in which the value of any improvements is to be paid by the purchaser, state the amount which is to be so paid and the period within which the notified value of the improvements shall be paid. Bidding at auction. 14. Bidding shall be by annual rent. The person who makes the highest bid for a lot, not being less than the upset annual rental, and forthwith pays the prescribed deposit shall be declared the purchaser of the lot. Provisions 15. The following further provisions shall apply aPpeprpliectauballe to to -every Perpetual Town Lease : - £ ~ : ~ s. (1.) The lease shall be a lease in perpetuity, and shall commence on the quarter-day next ensuing after the d.ate of the sale, and the deposit of rent paid at the time of sale shall be deemed to be rent for the specified period from the date of the commencement of the lease, and on that quarter-day in each year the annual rent shall be paid. (2.) During the first fifteen years the annual rent reserved shall be such sum as has been bid by the purchaser at auction. (3.) For each period of fifteen years thereafter the rent shall be determined by the Land Court. The Court in determining the rent of a Perpetual Town Lease shall have regard to- (a) The amount which experienced persons would be willing to pay as annual rent for a similar area of land under the same tenure in the same neighbourhood. (b) Any other matters which in the opinion of the Court affect the rental value of the land: Provided that, in determining the rent, regard shall not be had to any increase in the yalue of the lot attributable to improvements.

WATER. - ~ -- - - -- - -- 1933. Irrigation Acts Amendment Act. 14801 16. Except as is by this Act otherwise provided, all Provisions tThoewpnroLviesaisoenss oshf atlhl, e sLoanfdar Aacsts areplpaltI . icnagbleto, Paperpplyetutaol A a O p f e p Lts l a y t . n ° d Perpetual Town Leases acquired, granted, or held under the Irrigation Acts and the Land Acts. Existing Tenures. 17. The following provisions shall apply to every Provisions perpetual lease (not being a Perpetual Township Lease) appli~ a~le held under the provisions of the Principal Act at the { eoa: : ; ~ tmg commencement of this Act : - (1.) The subsisting lease of the land shall be deemed to be cancelled, and the lessee shall be entitled to a perpetual lease of the land as a Perpetual Lease Selection under and subject to the terms and provisions set forth in subsection two hereof. (2.) The following provisions shall be applicable to all perpetual leases granted under the provisions of the last preceding subsection :- (a) The lease shall be deemed to have commenced at the date on which the cancelled lease of the land commenced. (b) The lease shall be deemed to have been granted under the Irrigation Acts and the Land Acts. (c) The rent for the first period of fifteen years shall be the rent reserved for the first period of fifteen years in the cancelled lease, subject to such alteration, variation, or reduction as has been or may be made pursuant to the provisions of the Irrigation Acts. (d) Save as hereby modified, all the provisions of this Act relating to Perpetual Lease Selections shall apply to perpetual leases of selections granted under this section. (e) Notwithstanding anything contained in any Existing Act to the contrary, when any lease dealt with mortgages, under th I ' S sect'IOn I . S C harged or made secun' tY b & e e ., not to for the payment of any sum of money by the extinguished. registration of a memorandum of mortgage or charge or other encumbrance, or is subject to a sublease, registered under the Principal Act, such memorandum of mortgage or

14802 WATER. Irrigation Acts Amendment Act. 24 GEO. V. No. 21, charge or encumbrance or sublease shall not be extinguished by any action under the terms of this section, and as between the parties to the said memorandum of mortgage or charge or encumbrance or sublease, and all other persons; such memorandum of mortgage or charge or encumbrance or sublease shall be and remain good and effective and shall have the same force and effect as if the terms and conditions of the original lease had remained unaltered. For the purposes of this provision all the provisions of the Land Acts relating to mortgages, encumbrances, and subleases shall, mutatis mutandis, apply. Perpetual Township Lease. 18. The following provisions shall apply to every Perpetual Township Lease held under the provisions of the Principal Act at the commencement of this Act:- (1.) The subsisting lease shall be deemed to be cancelled, and the lessee shall be entitled to a perpetual lease of the land as a Perpetual Town Lease under and subject to the terms and provisions of subsection two hereof. (2.) The following provisions shall be applicable to all perpetual leases granted under the provisions of the last preceding subsection :- (a) The lease shall be deemed to have commenced at the date on which the cancelled lease of the land commenced. (b) The lease shall be deemed to have been granted under the Irrigation Acts and the Land Acts. (c) The rent for the first period of fifteen years shall be the rent reserved for the first period of fifteen years in the cancelled lease, subject to such alteration, variation, or reduction as has been or may be made pursuant to the provisions of the Irrigation Acts. (d) Save as hereby modified, all the provisions of this Act relating to Perpetual Town Leases 8hall apply to Perpetual Town Leases granted under this section.

WATER. 1480~ 3 1933. Irrigation Acts Amendment Act. ---------------- Relief to Existing Selectors. 19. (1.) Any lessee of a Perpetual Lease Selection Advance to W"IthI' n t he area wh 0 deS' Ires t 0 dl' spose 0 f h" IS h 0 Id' mg, apUhloclhdainsegr. of and who has made tentative arrangements with a prospective purchaser, may, at any time before the thirty-first day of March, one thousand nine hundred and thirty-four, or within such further time as the Minister may allow, give notice to the Minister accordingly, and request to be advised of the amount that would be advanced under the Irrigation Acts to an incoming lessee to assist him in financing the purchase of the holding. Every such notice shall be countersigned by the prospective purchaser, who shall himself be a person qualified to acquire the holding, and shall be in the prescribed form or to the like effect. (2.) Upon the receipt of such notice the Minister shall cause the improvements on the holding to be valued, and if the lessee so requests may refer to the Land Court the matter of the determination of the value of the improvements on the holding. In determining the value of improvements under this section, such value shall be such sum as would fairly represent their value to the incoming lessee of the holding on which the improvements are situated, but in no case shall such sum exceed the cost of making the improvements less depreciation in value from use or otherwise. For the purposes of any such determination the Land Court shall have and may exercise the same powers as are, in respect of the valuing of improvements, conferred upon such Court by and pursuant to the Land Acts. The decision of the Land Court shall not be subject to appeal. (3.) Upon the determination of the value of the improvements as aforesaid, the Minister shall decide the amount of the advance to be made to an incoming lessee.. (4.) For the purposes of this section, the word " improvements" has the meaning assigned to it by section four of the Land Acts, and in addition shall mean and include ringbarking. v

14804 WATER. ----- ~~ ~~~ -- ~ ~~ ~ ~~ ~ ~~ ~ ~~ hrigation Acts Amendment Act. 24 GEO. V. No. 21, Relief to 20. Notwithstanding anything to the contrary selector by contained in the Irrigation Acts or the Land Acts, the ppoaystmpoennitnogf following provisions shall be applicable to selectors of rent. Perpetual Lease Selections referred to in section seventeen of this Act : - (a) Any such selector may make application in writing to the Minister that the payment of his rent in respect of anyone or two years, being consecutive years, may be suspended. The Minister, upon consideration of such application, may, in his discretion, suspend the payment of such rent accordingly for any such year or years, not exceeding two years, whereupon the selector shall not be required to pay rent during such suspension; but the total amount of such rent, with interest thereon at the prescribed rate per centum per annum calculated from the times when the same respectively became payable, shall be distributed over the succeeding years of the term in accordance with the provision next hereinafter set forth, and the annual rent payable in respect of the selection during those years shall be increased accordingly. (b) If such payments are suspended for two years the amount with interest shall be paid in seven equal yearly instalments, beginning as last aforesaid. If such payments are suspended for one year the amount with interest shall be paid in four equal yearly instalments, beginning as last aforesaid. Amendments of the Principal Act. Amendments 21. The following amendments are made III section of H. '1. two of the Principal Act, that is to say:- The definition of the term "Irrigation Holding" or "Holding" is repealed.

1933. WATER. ------- Irrigation Acts Amend1nent Act. 14805, The definition of the term "Crown land" is repealed and the following definition is inserted in lieu thereof : - "." Crown land "-AlI land in Queensland, except Crown land, land which is, for the time being- (a) Lawfully granted or contracted to be granted in fee-simple by the Crown, or (b) Reserved for or dedicated to public purposes, or (c) Subject to any lease or license lawfully granted by the Crown: Provided that land held under an occupation license shall be deemed to be Crown land." 22. The following amendments are made in section Amendments ten of the Principal Act, that is to say : - of B. 10. In the first paragraph of the said section the words "Forthwith upon" are repealed and the words" At any time after" are inserted in lieu thereof. In the first paragraph of the said section the word "shall" is repealed and the word" may" is inserted in lieu thereof. In the second paragraph of the said section the word "Thereupon" is repealed and the word "Whereupon" is inserted in lieu thereof. 23. After section ten of the Principal Act the New B. 10A_ following new section is inserted, namely:- "[lOA.] At any time after the constitution of an Part of Irrigation Area any part of such Area may, by the Irrigation b Governor in Council by Order in Council, be included in ~ ~ ~ : ~ Yin e- a Shire previously constituted under this Act. For the Shir~ 1 purposes 0 f thI' S sect'IOn the prOVI.SI.Ons 0 f sect'IOn t en, so cporenVstIiotuuste Y d: far as they apply shall, mutatis mutandis, apply and be under this observed." Act. 24. In paragraph (c) of section eleven of the Amendmenll Principal Act the word "him," at the end of such of s. 11. paragraph, is repealed and the words" the Crown" are inserted in lieu thereof. 25. The following amendments are made in section Amendmenb.. fifteen of the Principal Act, that is to say:- of B. 15. In subsection two the words" irrigation holdings" are repealed and the words "settlement purposes" are inserted in lieu thereof.

14806 WATER. Irrigation Acts Amendment Act. 24 GEO. V. No. 21, In subsection five the words "disposal as irrigation holdings" are repealed and the words "settlement purposes" are inserted in lieu thereof. Amendment 26. The following amendment is made in the ~~ ~tc~~ d1. lle, Schedule, Part 1., to the Principal Act, that is to say:- Clause twenty-seven, as amended by Order in Council dated the twentieth day of October, one thousand nine hundred and twenty-seven, is repealed. Amendment 27. The following amendment is made in the PofarStchHe. dule, S C h e d u I e, Part I I ., to the Principa I Act, t h at is to say :._- In clause twenty-three all the words beginning with the words "The opening," to and including the words " tenure thereof," are repealed. Amendment 28. The following subsection is added to section o IV f a " teTrhAects, twelve of *" The Water Acts, 1926 to 1931 " : - 1926 to 1931." " (9.) Notwithstanding anything in this Act or in any other Act or law to the contrary, a license under this section in respect of any work whereby water is taken and used or proposed to be taken and used from any weir, reservoir, or dam constructed by the Crown shall only be issued, and a renewal of any such liceme shall only be granted, upon payment of the prescribed fee; and the provisions of this subsection shall extend and apply to every such license or renewal of any such license and to the holder of every such license or such renewed license issued or granted before, on, or after the commencement of t" The Irrigation Acts Amendment Act of 1933," and without limiting the above provisions, to the intent that the holder of every such license or such renewed license granted prior to the commencement of t" The Irrigation Acts Amendment Act of 1933" shall, on and from the first day of January, one thousand nine hundred and thirty-four, pay such fees as are then or shall be thereafter prescribed in respect of such license or such renewal; and to the intent that the holder of any such license or such renewed license issued or granted after the commencement of t" The Irrigation Acts Amendment Act of 1933" shall, * 17 Geo. V. No. 12, 21 Geo. V. No. 4, and 22 Geo. V. No. 44, supra, pages 11733, 13195, and 14029. t 24 Geo. V. No. 21 (this Act).

WATER. 14807 1933. Irrigation Acts Amendment Lict. on and from the first day of January, one thousand nine hundred and thirty-four, pay such fees as are then or shall hereafter be prescribed." 29. The Governor in Council may from time to Regulation time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act; and the provisions of section seventeen of the Principal Act and/or section two hundred and nine of the Land Acts and section seventy-seven of *" The Water Acts, 1926 to 1931," shall, mutatis mutandis, apply and extend accordingly. * 17 Geo. V. No. 12,21 Geo, V. No. 4, and 22 Geo. V. No. 44, svpra, pages 11733, 13195, and 14029. SCHEDULE. MAP.