Irrigation Acts Amendment Act of 1959 (8 Eliz Ii No. 28) (Qld)

WATER SUPPLY AND SEWERAGE. 8 E liz . II. No. 28,1959. Irrigation Acts Amendment Act. 783 WATER SUPPLY AND SEWERAGE. An Act to Amend "The Irrigation Acts, 1922 to 1957/ in certain particulars. [A ssented to 16 th A pril , 1959.] 8 E liz . TI. No. ‘28. T he IRRIGATION A cts A mendment A ct of 1959. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of tlfe Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The 1 'rigation short title. Acts Amendment Act of 1959.” this ( A 2. c ) t * re“f T er h r e ed Ir t r o ig a a s tio t n he A P c r ts in , c 1 ip 9 a 2 l 2 A to ct. 1957/ are in PArcitn.cipal (3.) The Principal Act and this Act may be Collective collectively cited as “ The Irrigation Acts, 1922 to 1959.” tltle' 2. Section fifteen of the Principal Act is amended ^e“gment by repealing subsection one thereof and by inserting, ’ ' in lieu of that repealed subsection, the following subsection :— “ ( 1 .) The Governor in Council may, in the name of Her Majesty, grant in fee-simple to the Commissioner any Crown land required by the Commissioner for the purposes of the Irrigation Acts.” 3. Section 15 a of the Principal Act is amended— A of m s e . n 1 d 5 m a . ents (i.) By repealing the second paragraph of subsection one thereof (being the paragraph commencing with the words “ With respect to an acquisition of land ” ); and (ii.) By inserting, after subsection one as so amended, the following subsections :— “ (la.) (a) With respect to a proposed acquisition of land by resumption for closer settlement, the Minister may, upon application in writing by the owner and if he is of the opinion that the granting of such an application will not unduly affect adversely the plan or proposed plan of the Commissioner for subdivision of the land for closer settlement, permit the owner to retain unresumed * 13 G. 5 No. 29 and amending Acts.

784 WATER SUPPLY AND SEWERAGE. Irrigation Acts Amendment Act. 8 E liz . II. No. 28, so much of the land as is reasonably sufficient, in the opinion of the Minister, to enable the owner to carry on agricultural pursuits. (6) Where the Minister is of the opinion that the plan or proposed plan of the Commissioner for subdivision of the land for closer settlement would be unduly affected adversely by the granting of such an application, the Governor in Council may, in the name of Her Majesty, sell to the owner of the land acquired or proposed to be acquired for an estate in fee-simple upon such terms (including the purchasing price to be paid therefor) as may be agreed any Crown land set apart for the purposes of this Act or any land acquired by the Minister pursuant to this section including land so acquired from that owner. (lb.) (a) If the purchasing price of the land to be sold to the owner pursuant to subsection (la.) of this section cannot be agreed upon, the Minister deeming fit may, and if an agreement for sale of land pursuant to the said subsection (la.) has been made subject to the determination by the Land Court of the purchasing price to be paid therefor, shall, refer or cause to be referred to the Land Court for hearing and determination the matter of the amount of that purchasing price and the Land Court shall hear and determine that matter. (b) (i.) An appeal shall lie to the Land Appeal Court from a determination of the Land Court upon an application or reference under this subsection. The determination of the Land Court or, upon appeal, of the Land Appeal Court upon any application or reference under this subsection shall be final and conclusive of the matter. (ii.) For the purposes of this subsection the purchasing price of the land shall be the amount which, in the opinion of the Court hearing the matter, experienced persons would be willing to pay for the fee-simple of the land, together with the improvements thereon or pertaining thereto, whether visible or invisible, and by whomsoever made or acquired, assuming that due regard were had to the availability or likely availability of water pursuant to the provisions of this Act and *“ The Water Acts, 1926 to 1957,” and it were offered on such reasonable terms and conditions as a bona fide seller would require. * 17 G. 5 No. 12 and amending Acts.

WATER SUPPLY AND SEWERAGE. 1959. Irrigation Acts Amendment Act. (lc.) (a) Where the purchasing price of the land has been determined as prescribed by subsection (lb.) of this section, then if, whether before or after any such determination, an agreement for the sale of the land is concluded pursuant to the provisions of subsection (la.) of this section the purchasing price of the land payable under such an agreement shall be the purchasing price as so determined. (6) Unless otherwise prescribed by the agreement for sale, the purchasing price for the land sold pursuant to the provisions of subsection (la.) of this section shall be paid within three months, or such longer term as may be allowed by the Minister, after the making of the agreement for sale or the determination of the purchasing price as prescribed by subsection (lb.) of this section, whichever is the later. (Id.) The Governor in Council, if he deems fit, may elect not to proceed with the sale of any land pursuant to the provisions of subsection (la.) of this section. Such right of election shall be exercised before the issue of the deed of grant but in any case not later than three months after the making of an agreement for sale pursuant to the provisions of subsection (la.) of this section, or the determination of the purchasing price of the land as prescribed by subsection (lb.) of this section, whichever is the later. The Crown shall not be liable to pay compensation for any loss or damage alleged to have been occasioned (directly or indirectly) by reason of such election not to proceed.” 785 4. Part I. of the Schedule to the Principal Act Amendment is amended by adding to clause twenty thereof the part i°o°/ following subclause :--- Schedule. “ (4.) Nothing in Part I. of this Schedule to this Act shall be read so as to derogate from or otherwise affect the power of the Commissioner to permit the taking or diverting of water by any person under a license, or any renewal thereof, thereunto enabling issued pursuant to *“ The Water Acts , 1926 to 1957 ” : Provided that any fees payable in respect of any such license or renewed license shall be credited to the Irrigation Fund Account of the Area concerned.” * 17 G. 5 No. 12 and amending Acts.