Irrigation Areas (Land Settlement) Act of 1962 (Qld)

656 ANNO UNDEC™O ELIZABETHAE SECUNDAE REGINAE •••••••••••••••••••••••••••••••••••••••••••••••••••• No. 43 of 1962 An Act to Consolidate and Amend the Law relating to the Alienation, Leasing and Occupation of Crown Land in Irrigation Areas [ASSENTED TO 28TH DECEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as fotlows:- 1. Short title. (1) This Act may be cited as "The Irrigation Areas (Land Settlement) Act of 1962." (2) Construction. This Act shall be read as one with "The Irrigation Acts, 1922 to 1961," and shall also be read as one with "The Land Act of1962." • 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Repeals and savings. (I) The Acts mentioned in the Schedule to this Act are repealed to the extent therein indicated. The said Acts are herein referred to as the "repealed Acts." • Commenced 1 January 1963. (Proc. pubd. Gaz. 29 Dec. 1962, p. 1617.)

Irrigation Areas (Land Settlement) Act of 1962, No. 43 657 (2) All leases of land granted or issued or deemed to be granted or issued under the repealed Acts and all or any of the following Acts, namely "The Land Acts, 1910 to 1962," "The Prickly-pear Land Acts, 1923 to 1959," and "The War Service Land Settlement Acts, 1946 to 1960," and subsisting at the commencement of this Act, shall be deemed to have been granted or issued under the provisions of this Act and "The Land A.ct of 1962" relating to the tenure or class or mode of a class of tenure hereunder which is analogous thereto and shall in all respects continue in force and be held under and subject to this Act and "The Land Aet of 1962": Provided that- (a) nothing in this Act shall extend or be deemed to extend the term of any subsisting lease which was granted for a term of years; (b) the repeal of the repealed Acts shall not affect in any way the jurisdiction of the Court to hear and determine the matter of the annual rent of any subsisting lease for any rental period commenced before the commencement of this Act; (c) the tenures of all subsisting prickly-pear development grazing homesteads, prickly-pear development grazing farms, development grazing homesteads, development grazing farms, perpetual lease prickly-pear selections and perpetual lease prickly-pear development selections held under the repealed Acts and all or any of the other Acts mentioned in this subsection, shall be converted under the relevant provisions of Part IV of "The Land Act of1962" and this Act; (d) notwithstanding the repeal thereof by this Act the repealed Acts shall be deemed to continue in force to the extent necessary to give operation and effect to the provisions of this proviso. (3) The Perpetual Town Lease issued pursuant to "The Hotel Theodore Sale Acts, 1954 to 1959," shall be deemed to have been issued under the provisions of this Act and "The Land Act of1962", and, subject to "The Hotel Theodore Sale Acts, 1954 to 1959," shall in all respects continue in force and be held under and subject to this Act and "The Land Act of1962." (4) (a) All applications for land made under the repealed Acts prior to and pending at the commencement of this Act shall be deemed to have been made under the analogous provisions of this Act and "The Land Act of1962." (b) If at the commencement of this Act any person has been allotted priority of selection of any portion of land pursuant to the provisions of section six of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," and the land has not been selected, such person's occupation and improvement of the land shall continue and the opening and selection of the land shall be effected subject to and in accordance with the relevant provisions of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," and "The Land Acts, 1910 to 1962," as if such Acts had not been repealed, but any lease issued after the commencement of this Act to any such person, pursuant to the approval by the Court of an application by him, shall be issued under, subject to and in accordance with the analogous provisions of this Act and "The Land Act of1962" for the class or mode of a class of selection specified in the opening notification. 22

658 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (c) Every application to select land approved by the Court before the commencement of this Act in respect whereof a license to occupy was not issued under the repealed Acts shall be deemed to be pending at the commencement of this Act and. where the selector has not made any payment required to be made by him for improvements on the land, the time within which the Land Act prescribes that such payment shall be made, shall commence to run on the date of the commencement of this Act. (5) In the case of any pastoral lease, settlement farm lease or grazing selection under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section which expired prior to the commencement of this Act- (a) if the land or part of the land comprised therein is open for selection at the commencement of this Act with priority of application to the late lessee, the late lessee may exercise that right and the land be applied for as if the relevant provisions of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," and "The Land Acts. 1910 to 1962," had not been repealed, save that after approval of the application by the Court the lease shall be issued and held subject in all respects to this Act and "The Land Act of1962"; (b) if the land comprised therein has not been dealt with by the Minister, the late lessee's right of priority of application pursuant to section seventy-two of "The Land Acts, 1910 to 1962," shall be deemed to be a right to receive an offer of a new lease pursuant to Division II of Part VI of "The Land Actof1962" and the lease shall be deemed to be an expired lease under this Act and "The Land Act of1962." In this subsection the term "late lessee" has the meaning assigned to it by Division II of Part VI of "T'he Land Act of1962." (6) The lease of every settlement farm lease, grazing selection or pastoral lease under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section subsisting at the commencement of this Act shall be deemed to contain a covenant entitling the lessee at the expiration of such lease to the right to receive an offer of a new l::ase as conferred by Division II of Part VI of the Land Act. (7) All Crown land held at the commencement of this Act under occupation license granted under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section shall be deemed to be granted and held under the analogous provisions of this Act and "The Land Actof1962" and shall in all respects be subject to this Act and "The Land Act of1962" accordingly. (8) Any application pursuant to the provisions of subsection (4) of section l lF of "The Irrigation Areas (Land Settlement) Acts, 1933 to 1961," received by the Minister before the date of the commencement of this Act and not dealt with by the Governor in Council, shall be deemed to be an application made pursuant to section forty-three of this Act and shall proceed er continue to be dealt with accordingly. (9) Every sale of Crown land to which the provisions of subsections (2) or (3) of section llF or section llo of ••rhe Irrigation Areas (Land Settlement) Acts, 1933 to 1961," applied and in respect whereof a deed

Irrigation Areas (Land Settlement) Act of 1962, No. 43 659 of grant shall not have issued prior to the commencement of this Act shall be deemed to be a sale under the analogous provisions of this Act and "The Land .A.ct of 1962" and shall in all respects be subject to this Act and "The Land .A.ct of 1962" accordingly. (10) The repealed Acts and the Acts repealed by "The Land .A.ct of 1962," shall, notwithstanding their repeal, be deemed to continue in force to the extent necessary to commence and finalise any procedure, matter, thing, hearing or payment of money not commenced, finalised or paid at the commencement of this Act in respect of a resumption of land made pursuant thereto before the commencement of this Act. (11) (a) Subject to this Act, all Proclamations, Orders in Council, and regulations made, all notifications published, all appointments made, all forms promulgated, all r.=gisters kept, and all things lawfully done under the repealed Acts, or under the repealed Acts and all or any of the Acts mentioned in subsection (2) of this section, and in force or subsisting at the commencement of this Act, shall continue to be of full force and effect, and shall, so far as is consistent with this Act, be deemed to have been made, published, promulgated, kept, or done under the analogous provisions of and for the purposes of this Act and "The Land .A.ct of l962." (b) Every mortgage, charge. sublease, easement, agreement or order affecting a holding and registered under the repealed Acts or "The Land .A.c,s, 1910 to 1962," and subsisting at the commencement of this Act, shall be deemed to be a mortgage, charge, sublease, easement, agreement or order, as the case may be, with respect to such holding for all the purposes of this Act, and shall have the same effect as if it had been registered under this Act. (c) The said repeal shall not affect the previous operation of the repealed Acts, or any acquisition of land, act, right, agreement, grant, or title validated or confirmed thereby, or anything duly done or suffered tfiemmder, or any pending inquiry, hearing, appeal, or other legal proceeding, but, subject to this Act, the same may proceed as if this Act had not been passed. (12) Nothing in this section shall be construed so as to limit the operation and effe~ of "The Acts Interpretation Acts, 1954 to 1962." (13) The repeal of the .repealed Acts shall not affect the continuity of the existence of the Irrigation Area known as "The Dawson Valley Irrigation Area," it being hereby declared that, as from the commencement of this Act, that Irrigation Area as subsisting immediately prior to the commencement of this Act shall be deemed to be constituted under "The Irrigation Acts, 1922 to 1961." 4. Interpretation of terms. (1) In this Act, unless the context otherwise indicates the following terms have the meanings set against them respectively, that is to say:- "Commissioner of Irrigation and Water Supply"-The Commissioner of Irrigation and Water Supply under and within the meaning of "The Irrigation and Water Supply Commission Acts, 1946 to 1949"; ..Dry" as applied to land-Land not commanded by gravitation from works of the irrigation undertaking in relation to which the Irrigation Area is constituted;

660 I"igation Areas (Land Settlement) Act of 1962, No. 43 "Irrigable" as applied to land-Land of such situation and quality as to be capable of being irrigated from the works or proposed works of an irrigation undertaking under and within the meaning of "The Irrigation Acts, 1922 to 1961"; "Irrigation Area" -An Irrigation Area under and within the meaning of "The Irrigation Acts, 1922 to 1961"; "Land Act"--"The land Act of 1962", or any Act in amendment of or substitution for that Act, and all regulations in force for the time being made or purporting to be made under any such Act; "Minister"-The Minister for Public Lands and Irrigation or other Minister of the Crown for the time being charged with the administration of this Act; "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; "Project Engineer"-The officer in charge of an Irrigation Area; the term includes a District Engineer and, where necessary, any person for the time being performing the duties and functions of the officer in charge of an Irrigation Area. (2) Any term used in this Act to which a meaning is assigned by the Land Act or "The irrigation Acts, 1922 to 1961," shall, unless this Act provides otherwise, have that meaning. 5. Opening of land for pastonl lease and withdrawing same. ( 1) The Minister, with the approval of the Governor in Council, may, by notification published in the Gazette, declare any Crown land within an Irrigation Area open for pastoral lease under the provisions of this Act and the Land Act under the following classes of tenure, namely:- (a) pastoral holding; or {b) pastoral development holding; or (c) preferential pastoral holding. Land shall be declared open for pastoral lease under pastoral development holding tenure only where the cost of developing the land will be abnormally high, and where developmental conditions are imposed calculated to improve the carrying capacity and productivity of the land and to develop tbe public estate. (2) Land declared open for pastoral lease under the provisions of this Act and the Land Act shall, at and after the time appointed by the opening notification, be open for lease in accordance with the notification. (3) At any time after the publication of the opening notification, but before the Commissioner accepts an application to lease, the Minister may in his discretion withdraw any land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette. (4) All the provisions of the LandAct relating to pastoral leases shall be applicable to pastoral leases applied for, acquired, and held under this Act and the Land Act.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 661 6. Application for stud holding. (1) A lessee of a holding, or of two or more adjacent holdings worked conjointly within an Irrigation Area which has or have been developed and used for the production of stud merino sheep or of any breed of stud beef cattle may apply to the Minister to have the tenure of his holding or holdings converted to a stud holding. (2) All the provisions of Division II of Part III of the LandAct shall be applicable to applications for conversions of tenures to stud holdings, and to the granting and holding of stud holdings. 7. Opening of land for occupation license and withdrawing same. (1) The Minister may, in his discretion, by notification published in the Gazette, declare any Crown land within an Irrigation Area open for occupation under this Act and the Land Act under occupation license, subject to any conditions as he deems fit. (2) Land declared open for occupation license under this Act and the Land Act shall at and after the time appointed by the opening notification be open for occupation under occupation license in accordance with the notification. (3) At any time after publication of the opening notification, but before the acceptance of an application by the Commissioner, the Minister may, in his discretion, withdraw any land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette. (4) The Minister may, in his discretion, without notification published in the Gazette, grant to any person an occupation license under this Act and the Land Act, subject to any conditions as he deems fit, in respect of any Crown land within an Irrigation Area at such annual rent per square mile or such total annual rent as may be fixed by the Minister. (5) If, before the resumption of the whole or part of a pastoral lease within an Irrigation Area takes effect, or if before the expiration of the lease of a pastoral lease, grazing selection, or settlement farm lease within an Irrigation Area, or if before the surrender of a holding within an Irrigation Area pursuant to the provisions of Division I of Part VI of the Land Act the lessee thereof shall have made an application to the Minister for an occupation license in respect of the resumed land or land comprised in the lease, the Minister shall grant to such lessee an occupation license under this Act and the LandAct of so much of the land the subject of the application as the Minister deems fit, and at such annual rent per square mile or such total annual rent as the Minister fixes. The Minister may subject such an occupation license to any conditions as he deems fit. Unless the application is made within the time prescribed by this subsection, the lessee shall not have any right or claim to the grant of an occupation license under this subsection. (6) All the provisions of the Land Act relating to occupation licenses shall apply to the opening of Crown land within an Irrigation Area for occupation under occupation license and to such licenses respectively applied for, granted, acquired, or held under this Act and the LandAct.

662 Irrigation Areas (Land Settlement) Act of 1962, No. 43 8. Opening land for selection and withdrawing same. (1) The Minister, with the approval of the Governor in Council, may by notification published in the Gazette, declare country land within an Irrigation Area open for selection under this Act and the Land Act either as surveyed land or as designed land pursuant to a method of application as in this Act provided. (2) Land declared open for selection under this Act and the LandAct shall at and after the time appointed by the opening notification be open for selection in accordance with the notification. (3) At any time after the publicalion of the opening notification but before the Commissioner or the Committee of Review, a,; the case may be, accepts an application to select the Minister may, in his discretion, withdraw any land from being so open. The Minister shall cause aoy such withdrawal to be notified in the Gazette. 9. Oasses and modes of selecdoas. (1) Subject to this Act and the Land Act land within an Irrigation Area may be opened for selection, applied for and selected, and leases may be issued and held under this Act and the Land Act under any class, or any mode of a class, of selection set out in this subsection, namely- (a) agricultural selection, which may be- (i) agricultural farm; or (ii) perpetual lease selection ; (b) settlement farm lease; (c) grazing selection, which may be- (i) grazing homestead; or (ii) grazing farm. (2) Land within an Irrigation Area may be opened for selection under this Act and the Land Act alternatively as either an agricultural farm or a perpetual lease selection. (3) Land may be declared open for selection under this Act and the LandAct as a grazing farm only in a case where the Land Administration Commission certifies to the Minister that the area thereof does not, in its opinion, constitute a living area, and the notification opening such land as a grazing farm may declare that the selection shall be exempt from the condition of occupation. (4) A lease under this Act and Part VI of the LandAct (whether in substitution for or upon the expiration of the subsisting lease) of the whole or part of the land comprised in a selection, or a lease under this Act and Division VI of Part X of the LandAct of an additional area, may be issued in any class or mode, other than agricultural farm, of a class of selection specified in subsection (1) of this section: Provided that- (a) a lease under this Act and Part VI of the LandAct as a grazing farm shall issue only in respect of an ar.ea certified to the Minister by the Land Administration Commission to be, in its opinion, less than a living area and in such case, or in the

Irrigation Areas (Land Settlement) A.ct of 1962, No. 43 663 case of a grazing farm the lease whereof issued pursuant to this Act and Division VI of Part X of the LandAct, the Minister may, in his discretion, exempt the lease from the condition of occupation; and (b) a lease as a grazing homestead shall not be issued under this Act and Division VI of Part X of the Land Act. 10. Maximum area which may be held within an Irrigation Area or Irrigation Areas. (1) Subject to this Act, a person shall not at the same time apply for or hold within an Irrigation Area- (a) two or more agricultural selections, the aggregate of the areas whereof exceeds two thousand five hundred and sixty acres; (b) two or more settlement farm leases, the aggregate of the areas whereof exceeds six thousand acres; (c) two or more grazing selections, the aggregate of the areas whereof exceeds forty-five thousand acres. (2) The provisions of this section shall not affect the right or title- (a) of any person who at the commencement of this Act is the lessee of one or more agricultural selections (including any agricultural selection converted to such tenure pursuant to section twenty-six of this Act), the area or aggregate of the areas whereof exceeds two thousand five hundred and sixty acres; or (b) of any person who at the commencement of this Act is the lessee of one or more grazing selections, the area or aggregate of the areas whereof exceeds forty-five thousand acres, to continue to hold such selections or to be granted and to hold any new lease of the whole or part of such selection or selections issued in pursuance of the provisions of this Act and Part VI of the Land Act. (3) For the purposes of this section land outside any Irrigation Area applied for or held by any person under the Land Acts under any tenure to which this section applies shall be taken into account as if such land were within an Irrigation Area. 11. Maximum area of inigable land. The Governor in Council may, from time to time, declare the maximum area of irrigable land in the Irrigation Area specified in the Order in Council which may be held by any one and the same person under any mode of agricultural selection tenure. A person shall not at the same time hold in any Irrigation Area two or more agricultural selections (whether of the same mode or different modes of that class of selection) which comprise areas of irrigable lands aggregating more than the area declared by the Governor in Council by Order in Council to be the maximum area of irrigable land in such Irrigation Area which may be held by one and the same person. This section applies so that as respects rights accrued with respect to selections prior to a declaration under this section of a maximum area in respect of an Irrigation Area, or prior to an alteration of the boundaries of an Irrigation Area in respect of which such a declaration has been made, the declaration or alteration shall not affect or prejudice in any way such rights.

664 Irrigation Areas (Land Settlement) Act of 1962, No. 43 12. (1) What opening notfflcation shall specify. Without limit to the power of the Minister, with the approval of the Governor in Council, to impose conditions in any notification declaring land open for selection under this Act and the Land Act every such notification shall- (a) appoint a place (or, where the method of application is selective, a place or places) where and a time, not being less than twenty- eight days from the date of the notification, when the land will be open for selection; (h) specify, by reference to class or mode of a class of selection the tenure under which the land is open for selection; (c) declare, in respect of all the portions or such of the portions as are specified, the maximum area ofland which may be applied for under any class or mode of a class of selection so specified, by any one person in the whole area to which the notification has reference, or the maximum number of portions which may be applied for under any class or mode of a class of selection so specified, by any one person in the whole area to which the notification has reference, or both such maximum area and such maximum number: Provided that one person shall not be permitted to apply for more than the maximum number of portions so declared, whether the aggregate of the areas of such portions so applied for does or does not attain the maximum area so declared; (d) specify the numbers of the portions, and their respective areas, and the annual rent per acre to be paid for each portion; (e) in the case of land open for selection as agricultural selection, state the areas of irrigable land, non-irrigable land and dry land comprised in each portion; (.f) specify the amount of the deposit which shall accompany each application; (g) specify the method of application; (h) in the case of land open for selection as agricultural farm, specify the purchasing price per acre at which the lessee may purchase the land in fee-simple; (i) in the case ofland open for selection as perpetual lease selection, state either the unimproved capital value per acre of the irrigable, non-irrigable and dry areas respectively or the unimproved capital value per acre over all; (j) in the case of land open for selection alternatively as either agricultural farm or perpetual lease selection, state either the amounts per acre of the irrigable, non-irrigable and dry areas respectively or the amount per acre over all which shall be the purchasing price of the land as an agricuhural farm or the unimproved capital value of the land as a perpetual lease selection; (k) in the case of land open for selection as settlement farm lease- (i) state the term of lease, which shall be thirty years; and (ii) impose a cultivation condition requiring that a specified area of land comprised in the selection shall be cultivated within a specified time;

Irrigation Areas (Land Settlement) Act of 1962, No. 43 665 (/) in the case of land open for selection as grazing selection, state the term of lease which may be any number of years not less than ten years and not exceeding thirty years. (2) What opening notification may specify additionally. The notification may also- (a) declare the value or state a provisional value of any improvements upon a portion; (b) impose any one or more of the following conditions:- (i) a cultivation condition requiring that a specified area of land comprised in the selection shall be cultivated within a specified time; (ii) that any improvements, or any specified developmental works or conditions whatsoever, shall be made or done or performed within a specified time; (iii) that specified noxious plants on the whole or a specified part of the land shall be destroyed within a specified time. The manner of such destruction may also be specified, in which case the destruction shall be carried out in the manner so specified ; (c) restrict for a period not longer than six months as specified in the notification the right of applying for any particular portion or portions comprised in the opening notification to persons who, anywhere in the Commonwealth, do not hold under the Crown in right of the Commonwealth or of any State, any land in fee-simple or for any lesser estate than freehold, other than land situated in a city, town, or township; (d) declare that any lot comprising two or more non-contiguous portions shall be applied for and held as one selection, or that lots which are not contiguous may be applied for and held as one selection. (3) In subparagraph (ii) of paragraph (k) of subsection (I) and in subparagraph (i) of paragraph (b) of subsection (2) of this section "cultivation condition" means that the area of land specified shall be cultivated for the production of fodder or other crops calculated to increase, or to render more secure, or to both increase and render more secure, the normal stock carrying capacity or productivity of the selection. (4) The notification opening land for selection as agricultural farm or perpetual lease selection may also impose the condition of personal residence during the first three years of the term. (5) The notification opening land for selection as settlement farm lease may also impose the condition that the selection shall be enclosed within a specified time, and at all times thereafter during the term of the lease kept enclosed with a rabbit-proof fence, or with a marsupial-proof fence, or with both a rabbit-proof and marsupial-proof fence. (6) The notification opening land for selection as grazing selection may also impose one or more of the following conditions:- (a) that the selection shall be enclosed within a specified time, and at all times thereafter during the term of the lease kept enclosed with a rabbit-proof fence, or with a marsupial-proof fence, or with both a rabbit-proof and marsupial-proof fence;

666 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (b) a stocking condition requiring that the selection shall, within a specified period not exceeding three years, be stocked to its reasonable carrying capacity with the applicant's own sheep or cattle, or both sheep and cattle, and shall thereafter be used for producing wool or cattle, or both wool and cattle; (c) that the selection shall be subject to a reservation or reservations with respect to the land comprised therein or any part or parts of that land (and whether of a specified area or of a specified part or parts of that land or generally without specifying any part of that land or area of that land) for or for any purpose of or connected with any works under and within the meaning of "The Jrrjgation Acts, 1922 to 1961." (7) The right of application for any specified portion or portions comprised in any notification opening land for selecticn under any class, or any mode of a class, of selection tenure may be limited to eligible persons as defined in paragraph (a) of the definition "eligible persons" in section three of "The War Service Land Settlement Acts, 1946 to 1960." 13. Methods of application to select land. Applications to select land open for selection under this Act and the Land Act may be made, considered and dealt with pursuant to the following methods:- (a) open; or (b) selective. 14. Open method of application. AppHcations made pursuant to the open method shall be considered and dealt with by the Commissioner for the District in which the land is situated in accordance with the provisions of this Act and the Land Act. 15. Selective method of application. (1) Applications made pursuant to the selective method shall be considered and dealt with by a Committee of Review as hereinafter in this section provided. (2) Applications made pursuant to the selective method shall be lodged with the Project Engineer or the Land Agent at the place or places and by the time appointed in the opening notification or, by the time so appointed, with the Secretary to the Commissioner of Irrigation and Water Supply. (3) When land is open for selection pursuant to the selective method, the Minister, in his discretion, may determine any special qualifications or conditions which applicants must possess or comply with in order to be eligible to apply for and hold the land. (4) Any such special qualifications or conditions shall be specified in the opening notification. (5) For the purpose of reviewing, considering and dealing with any application or applications, the Minister shall from time to time constitute a Committee of Review consisting of the following persons nominated by him:- (a) the Commissioner of Irrigation and Water Supply or other officer of the Department of Irrigation and Water Supply who shall be the Chairman of the Committee;

Irrigation Areas (Land Settlement) Act of 1962, No. 43 (b) two persons not being officers of the Public Service, who, in the opinion of the Minister, arc experienced in the primary industry for which the land is best suited. (6) To the extent he deems practicable the Minister shall nominate under paragraph (b) of subsection (5) of this section, persons who have had experience as mentioned in that paragraph in the locality in which the land open for selection is situated. (7) A member of a Committee of Review shall not be eligible to make an application for any land in respect of which the Committee, of which he is a member, is to determine the successful applicant. (8) The Committee of Review shall consider every application lodged by the appointed time with a view to determining whether, in its opinion, the applicant is- (a) having regard to any special qualifications or special conditions imposed by the Minister, eligible; and (b) having regard to the provisions of this Act and the Land Act, otherwise qualified, to apply for and hold the land. (9) All applicants who arc rejected by the Committee, as not being eligible or otherwise qualified, shall be notified in writing of the Committee's decision and the reasons therefor. (10) Any applicant may, within fourteen days of the date of the notification of the Committee's decision, apply in writing to the Committee to appear before it or he may, within such time, lodge with the Committee written evidence in support of his application. (11) As soon as possible after the expiry of the fourteen days as aforesaid, the Committee shall hear any rejected applicant who duly applied to appear before it, or consider any written evidence duly lodged with it by any rejected applicant. Subject to so doing the Committee of Review may make, with respect to the application concerned, a fresh determination, and either in confirmation of or substitution for its original decision. (12) Subject to subsections (10) and (11) of this section, the dec.-ision of the Committee to reject an application shall be final and conclusive. (13) If, with respect to any determination to be made by it, the members of the Committee of Review do not agree, the decision of the majority shall be the decision of the Committee. (14) In addition to the powers, authorities and functions conferred on it by this Act, a Committee of Review may, in respect of any application in relation whereto it is constituted exercise any of the powers, authorities and functions conferred on a Committee of Review constituted under the Land Act by that Act. 16. Applications to select land pursuant to the selective method. Applications to select land pursuant to the selective method shall be made, considered and dealt with under, subject to and in accordance with the provisions of sections ninety-six, ninety-eight, ninety-nine, one hundred 667

668 Irrigation Areas (Land Settlement) Act of 1962, No. 43 and one hundred and one of the Land Acts, and the provisions of those sections shall apply and extend accordingly and for that purpose shall be read subject to all necessary adaptations including by- (o) in the case of any application which may be lodged with the Secretary to the Commissioner of Irrigation and Water Supply or a Project Engineer or a Land Agent, reading references to a Land Agent in subsection (1) of section ninety-six as referring also to the said Secretary and a Project Engineer; (b) reading any reference to the Land Administration Commission as referring to the Commissioner of Irrigation and Water Supply; and (c) unless the context otherwise requires, reading the term "this Act" wherever appearing as referring to the LandAct and this Act. 17. Performance of condidon of personal residence. When any agricultural selection within an Irrigation Area selected under this Act and the Land Act is subject to the condition of personal residence, the personal residence by the lessee continuously and bona fide upon land in which the lessee is beneficially interested and which is situated at a distance not exceeding ten miles from the nearest part of the selection, shall be deemed to be personal residence by the lessee upon the selection, and shall confer upon the lessee the same rights in respect of the selection as his own personal residence thereon would have conferred. Where the Irrigation Area is abolished or altered so as to exclude therefrom the selection this section shall continue to apply in all respects as though the Irrigation Area continued as constituted immediately prior to such abolition or alteration and as though it had not been so abolished or altered and for the purposes of this section the Irrigation Area shall be deemed to continue so constituted accordingly. Nothing in this section shall be read so as to affect or exclude the application to such a condition of the provisions of the Land Act relating to performance and suspension of and modification of and exemption from such a condition with respect to selections. For the purpose of this section any agricultural selection the lease whereof is deemed pursuant to subsection (2) of section three of this Act to have been granted or issued under this Act and the Land Act shall be deemed to have been selected under this Act and the Land Act. 18. Performance of condition of occupation. In the application of section one hundred and seventeen of the Land Act to a condition of occupation to which an agricultural selection within an Irrigation Area held under this Act and the LandAct is subject, that section shall be read as though the word "ten" were substituted for the word "thirty" wheresoever that word occurs therein and as though the proviso to subsection (3) of that section were deleted therefrom. 19. Performance of condidon of occupadon where Irrigation Area abolished, &c. Where an Irrigation Area is abolished or altered so as to exclude therefrom an agricultural selection to which section eighteen of this Act applies then in the application of section one hundred and seventeen of the LandAct to the lessee thereof at the time of such

Irrigation Areas (Land Settlement) Act of 1962, No. 43 669 abolition or alteration who is residing, pursuant to the said section eighteen, upon land situated in a city, town or township, subsection (3) of the said section one hundred and seventeen shall be read as though, in the proviso thereto- (i) the word "if" were inserted after the words "Provided that"; and (ii) The words "is situate at a distance exceeding ten miles from the nearest part of the selection, such land" were inserted after the words "bailiff so resides". 20. Savings. (1) Where an agricultural selection under this Act and the Land Act subsisting at the commencement of this Act is subject to the condition of personal residence during the first three years of the term of the lease, the selection shall continue to be subject to such condition until the expiration of such period of three years. Thereafter for the remainder of the term the selection shall be subject to the condition of occupation. 2 (a) Where the lease of a grazing homestead or settlement farm lease under the repealed Acts and all or any of the Acts mentioned in subsection (2) of section three of this Act subsisting at the commencement of this Act is subject to the condition of personal residence during the first five years of the term, the lease shall continue to be subject to such condition until the expiration of such period of five years. Thereafter for the remainder of the term the lease shall be subject to the condition of occupation. (b) In the case of such a lease in respect whereof the condition of personal residence was, in pursuance of the provisions of the repealed Acts and all or any of the Acts mentioned in subsection (2) of section three of this Act, reimposed ior a period of five years from the date of registration of a transfer, the lease shall continue to be subject to the condition of personal residence until the expiration of the said period of five years or until the lessee to whom the lease was so transferred shall sooner cease to hold it, whichever event shall first happen. Thereafter for the remainder of the term, the lease shall be subject to the condition of occupation. (3) The provisions of section one hundred and fourteen of the LandAct shall apply to selections whereto this section applies. 21. Exemption from condition of personal residence. Nothing in this Act shall be construed so as to impose the condition of personal residence upon the lessee of any selection which at the commencement of this Act is subject to the condition of occupation. 22. Agricultural farm tenure. (1) The term of lease of an agricultural farm under this Act and the Land Act shall be thirty years. (2) The notified purchasing price shall be payable by way of annual rent, and the annual rent reserved shall, during the term, be an amount equal to one-thirtieth of such notified purchasing price.

670 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (3) The lease shall be subject to the condition of occupation during the whole term: Provided that the lease shall be subject to the condition of personal residence during the first three years of the term and thereafter for the remainder of the term to the condition of occupation in any case where the opening notification has imposed the condition of personal residence during the first three years of the term. (4) Except as varied by this Act or the notification opening the land for selection, all the provisions of the LandAct relating to agricultur.u farms shall be applicable to agricultural farms applied for, granted, selected, acquired or held under this Act and the Land Act. 23. (1) Samags. Every lease subsisting at the commencement of this Act of an agricultural farm under the repealed Acts and "The Land Acts, 1910 to 1962,'' for a term of twenty years shall, subject to the provisions of subsection (2) of this section and section one hundred and twenty-five of the Land Act, continue in force for the balance of such term remaining at the commencement of this Act and the purchasing price thereof shall continue to be payable by way of rent in annual instalments equal to one-twentieth of such purchasing price. All such agricultural farms, except as provided to the contrary in this subsection, shall be held under and subject to the provisions of this Act and the Land Act relating to agricultural farms. (2) Extension of term to thirty years. (a) A lessee of an agricultural farm under the repealed Acts and "The Land Acts, 1910 to 1962,'' subsisting at the commencement of this Act, with a term of lease of twenty years, may by notice in writing lodged with the Minister, not later than three months (or such extended time not exceeding six months in all as the Minister in his discretion may allow) after the commencement of this Act, elect to have the term of his lease extended to thirty years. (b) In every such case the annual instalment of the purchasing price shall be recalculated by dividing so much of the amount of the purchasing price as has not become due for payment before the thirty- first day of December, one thousand nine hundred and sixty-two, by thirty less the period (expressed in years and quarters) that the lease has been current as at and including that date. (c) The sum thus calculated, subject to the provisions of subsection (3) of section two hundred and forty-seven of the Land Act, shall be the annual instalment of the purchasing price payable by way of annual rent for the balance still to run after the thirty-first day of December, one thousand nine hundred and sixty-two, of the term as extended pursuant to this subsection of the agricultural farm in question. (d) Any moneys paid in respect of rent accruing due after the thirty• first day of December, one thousand nine hundred and sixty-two, shall be credited against the appropriate recalculated annual instalments of purchasing price. (e) The Registrar of Dealings shall make an appropriate noting upon the instrument of lease of every agricultural farm the term of which is extended pursuant to this subsection.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 671 24. Perpetual lease selection tenure. (1) The lease of a perpetual lease selection under this Act and the LandAct shall be a lease in perpetuity. (2) The rental periods shall be ten years. (3) During the first ten-year rental period the annual rent reserved shall be a sum equal to two pounds ten shillings per centum of- (a) in the case of a perpetual lease selection selected pursuant to this Act and Part IV of the Land Act, the notified unimproved capital value; or (b) in the case of a perpetual lease selection the lease whereof was issued otherwise than by selection pursuant to this Act and Part IV of the LandAct, the unimproved capital value as determined by the Minister or the Court, as the case may be. (4) The annual rent for the second and each sucr...eeding rental period thereafter shall be determined by the Court at a sum equal to two pounds ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. The Court, in determining the rent of a 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) transport facilities available to the holding; (c) the enhancement in the value of the land for that water is available from works of the irrigation undertaking in relation to which the Irrigation Area in which the land is situated is constituted; (d) the amount which experienced persons would be willing to pay for land of similar quality in the same neighbourhood whether held in fee-simple or under a freeholding or perpetual lease tenure; and (e) any other matters which in the opinion of the Court affect the rental value of the land. (5) Subsections (2), (3) and (4) of this section apply subject to sections twenty-five and twenty-six of this Act. (6) The lease shall not include a covenant entitling the lessee to a deed of grant in fee-simple. (7) The lease shall be subject to the condition of occupation during the whole term: Provided that the lease shall be subject to the condition of personal residence during the first three years of the term and thereafter for the remainder of the term to the condition of occupation in any case where the opening notification has imposed the condition of personal residence during the first three years of the term.

672 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (8) Provisions or LandAct to apply. Except as varied by this Act or by the notification opening the land for selection, all the provisions of the Land Act relating to perpetual lease selections shall be applicable to perpetual lease selections applied for, granted, selected, acquired, or held under this Act and the Land Act. 25. Savings. (1) In the case of any perpetual lease selection subsisting at the commencement of this Act where the rental period (whether the first or any subsequent such period) current immediately prior to the commencement of this Act is other than of ten years' duration, the ten-year rental periods provided for in section twenty-four of this Act shall commence as from the expiration of such current rental period. (2) In the case of any perpetual lease selection subsisting at the commencement of this Act the annual rent whereof is a sum equal to one pound ten shillings per centum of the unimproved capital value as notified or as determined by the Court, the annual rent shall continue to be such sum until the expiration of the rental period current immediately prior to the commencement of this Act, and rental for any and every rental period of ten years thereafter shall be determined by the Court at a sum equal to one pound ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. (3) In the case of any perpetual lease selection subsisting at the commencement of this Act the annual rent whereof is a sum equal to two pounds ten shillings per centum of the unimproved capital value as notified or as determined by the Court, the annual rent shall continue to be such sum until the expiration of the rental period current immediately prior to the commencement of this Act, and rental for any and every rental period of ten years thereafter shall be determined by the Court at a sum equal to two pounds ten shillings per centum of the unimproved capital value of the land as if were held in fee-simple at the date of the commencement of the rental period in question. 26. Conversion or existing tenures. (1) Notwithstanding any limitations as to maximum areas imposed by this Act, every perpetual lease prickly-pear selection and every perpetual lease prickly-pear development selection held pursuant to the repealed Acts, "The Land Acts, 1910 to 1962," and "The Prickly-pear Land Acts, 1923 to 1959," and subsisting at the commencement of this Act is hereby converted to and declared to be a perpetual lease selection under and subject to the provisions of this Act and the Land Act and the instrument of lease of every such selection shall be construed accordingly. (2) The conversion pursuant to this section of a perpetual lease prickly-pear selection or perpetual lease prickly-pear development selection shall not affect or prejudice howsoever any mortgage, charge, sublease, easement, agreement, order or other encumbrance, estate or interest subsisting over, upon or in the selection.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 673 (3) In the case of any perpetual lease selection to which a perpetual lease prickly-pear selection or perpetual lease prickly-pear development selection has been converted pursuant to this section- (a) where the rental period current immediately prior to the commencement of this Act is other than of ten years' duration, the ten-year rental periods provided for in section twenty-four of this Act shall commence as from the expiration of such current rental period ; (b) the annual rent shall continue to be a sum equal to one pound ten shillings per centum of the unimproved capital value as notified or as determined by the Court until the expiration of the rental period current immediately prior to the commencement of this Act, and for any and every rental period of ten years thereafter shall be determined by the Court at a sum equal to one pound ten shillings per centum of the unimproved capital value of the land as if it were held in fee- simple at the date of the commencement of the rental period in question. (4) To the extent necessary to give operation and effect to the provisions of this section every provision of this Act, or of the Land Act, or of any Order in Council under section eighty-five of the LandAct limiting the maximum area or maximum aggregated area which may be held by any one person as an agricultural selection or agricultural selections shall apply so as not to prejudice or affect howsoever the entitlement of the lessee as at the date of the commencement of this Act to continue to hold the converted lease of his perpetual lease prickly-pear selection 01· perpetual lease prickly-pear development selection, as the case may be, as a perpetual lease selection as well as any other perpetual lease selection under this Act and the Land Act or under the Land Act which he may hold at the commencement of this Act. For the purpose of determining whether or not a person other than such lessee is qualified to acquire or hold as a perpetual lease selection the converted lease where the area thereof exceeds two thousand five hundred and sixty acres, the area thereof shall be deemed to be two thousand five hundred and sixty acres. (5) The Registrar of Dealings may make an appropriate noting upon the instrument of lease of every selection to which this section applies. 27. Settlementfann lease tenure. (1) The term oflease of a settlement farm lease under this Act and the Land Act shall be thirty years. (2) The rental periods shall be ten years. (3) During the first ten-year rental period the annual rent reserved &hall be- (a) in the case of a settlement farm lease selected pursuant to this Act and Part IV of the Land Act, the notified rent; or (b) in the case of a settlement farm lease the lease whereof was issued otherwise than by selection pursuant to this Act and Part IV of the Land Act, as determined by the Minister or the Court, as the case may be.

674 Irrigation Areas (Land Settlement) Act of 1962, No. 43 The annual rent for the second and each succeeding rental period shall be detennined by the Court. (4) The lease ofa settlement farm lease shall be subject to the condition of personal residence during the first seven years of the term and thereafter for the remainder of the tenn to the condition of occupation. (5) The lessee of any settlement farm lease may at any time apply to the Minister in writing to have the tenure of his selection converted either to an agricuitural f ann or to a perpetual lease selection. (6) Except as varied by this Act or the notification opening the land for selection, all the provisions of the LandAct relating to settlement farm leases shall be applicable to settlement farm leases applied for, granted, selected, acquired, or held under this Act and the Land Act. 28. Grazing selection tenure. (I) The term of lease of a grazing selection under this Act and the Land Act shall be- (a) in the case of a grazing selection selected pursuant to this Act and Part IV of the Land Act, the notified term; or (b) in the case of a grazing selection the lease whereof was issued otherwise than by selection pursuant to this Act and Part IV of the Land Act, such term, not exceeding thirty years, as is detennined by the Minister. (2) When the term exceeds ten years it shall be divided into rental periods, no one of which shall exceed ten years. The last period shall be of such duration as will permit the other period or each of the other periods, as the case may be, to be of the duration of ten years. (3) During the term or, when the term exceeds ten years, during the first rental period, the annual rent reserved shall be- (a) in the case of a grazing selection selected pursuant to this Act and Part IV of the Land Act, the notified rent; or (b) in the case of a grazing selection the lease whereof was issued otherwise than by selection pursuant to this Act and Part IV of the Land Act, as determined by the Minister or the Court, as the case may be. Where the term exceeds ten years, the annual rent for the second and each succeeding rental period shall be detenniued by the Court. (4) Grazing homesteads. The lease of a grazing homestead shall be subject to the condition of personal residence during the first seven years of the term and thereafter for the remainder of the term to the condition of occupation: Provided that the lease of a grazing homestead, issued otherwise than by selection pursuant to this Act and Part IV of the Land Act, shall be subject to the condition of occupation during the whole of the term.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 675 (5) Residence conditions of grazing selections. The lease of a grazing farm shall be subject to the condition of occupation during the whole term except where, pursuant to the provisions of subsections (3) or (4) of section nine of this Act, the lease is exempt from such condition. (6) Agistment. It shall be a condition of the lease of every grazing selection that, except with the written permission of the Minister, the lessee shall not allow stock to be taken on agistment on his selection for a period or periods aggregating longer than six months in any one year. (7) The lessee of any grazing selection, the area of which does not exceed ten thousand acres, may at any time apply to the Minister in writing to have the tenure of his selection converted to agricultural farm or to perpetual lease selection. (8) Provisions of LandAct to apply. Except as varied by this Act or by the notification opening the land for selection, all the provisions of the LandAct relating to grazing selections shall be applicable to grazing selections applied for, granted, selected, acquired, or held under this Act and the Land Act. 29. Conversion of certain tenures. (1) Every development grazing homestead and every prickly-pear development grazing homestead held pursuant to the repealed Acts and .. The lAnd Acts, 1910 to 1962," or pursuant to those Acts and .. The Prickly-pear Land Acts, 1923 to 1959," and subsisting at the commencement of this Act is hereby converted to and declared to be a grazing homestead under and subject to the provisions of this Act and the Land Act and the instrument of lease of every such selection shall be construed accordingly. (2) Every development grazing farm and every prickly-pear development grazing farm held pursuant to the repealed Acts and "The Land Acts, 1910 to 1962,'' or pursuant to those Acts and .. The Prickly-pear Land Acts, 1923 to 1959,'' and subsisting at the commencement of this Act is hereby converted to and declared to be a grazing farm under and subject to the provisions of this Act and the Land Act and the instrument of lease of every such selection shall be construed accordingly. (3) The term of lease, annual rent for the rental period subsisting at the commencement of this Act, duration of rental period or periods, and, subject to this Act, all other provisions and conditions of any lease the tenure whereof is converted by this section, as subsisting immediately prior to the conversion, shall continue in force under and with respect to the converted tenure: Provided that in the case of any prickly-pear development grazing selection subsisting at the commencement of this Act the original term of twenty-eight years whereof has been extended, the rent for the extended period of the term thereof, unless the Acts whereunder the same was held prior to the conversion of the tenure thereof by this section otherwise provided, shall be determined by the Court.

676 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (4) The conversion pursuant to this section of the tenure of any development grazing homestead, development grazing farm, prickly-pear development grazing homestead or prickly-pear development grazing farm shall not affect or prejudice howsoever any mortgage, charge, sublease, easement, agreement, order or other encumbrance, estate or interest subsisting over, upon or in the selection. (5) The Registrar of Dealings may make an appropriate noting upon the instrument of lease of every selection to which this section applies. 30. Saving. With respect to any grazing selection held pursuant to the repealed Acts and "The Land Acts, 1910 to 1962," or pursuant to those Acts and "The Prickly-pear Land Acts, 1923 to 1959," subsisting at the commencement of this Act, the term whereof commenced before the first day of January, one thousand nine hundred and sixty, the lease shall continue in full force and effect for the remainder of the term subsisting at the commencement of this Act, and the duration of the rental periods shall continue as prescribed by 0 The Land Acts and Other Acts Amendment Act of 1959", as though that Act had not been repealed. 31. Tenure of brigalow lease. (1) The Minister, with the approval of the Governor in Council, may by notification published in the Gazette, declare country land, within an Irrigation Area, not exceeding ten thousand acres in area, which is substantially covered with brigalow scrub, open for brigalow lease under this Act and the Land Act pursuant to either the open or the selective method of application. (2) Land declared open for brigalow lease under the provisions of this section shall at and after the time appointed by the opening notification be open for lease in accordance with the notification. (3) At any time after the publication of the opening notification but before the Commissioner or the Committee of Review, as the case may be, accepts an application to lease the land as a brigalow lease, the Minister may in his discretion withdraw the land from being so open. The Minister shall cause any such withdrawal to be notified in the Gazette. (4) Except as varied by this Act or by the opening notification, all the provisions of the LandAct relating to brigalow leases shall be applicable to brigalow leases applied for, granted, selected, acquired, or held under this Act and the Land Act. 32. When area constituted or included in Irrigation Area, then this Act to apply to subsisting holdings therein. (l} Any and every lease or license under or deemed to be under the LandAct whereby any lands wholly in an area are held from the Crown as at the date ofthe constitution of that area to be an Irrigation Area, or as at the date of the inclusion of that area in an Irrigation Area, shall, on and from that date, be deemed

Irrigation Areas (Land Settlement) Act of 1962, No. 43 677 to be a lease or license under this Act and the Land Act and accordingly the land shall be deemed to be held from the Crown under, subject to and in accordance with the provisions applicable in respect of the lease or license of this Act and the Land Act, and all moneys received in respect of rent payable under such a lease or license shall be credited to the fund account for the Irrigation Area in question. (2) Where an Irrigation Area is abolished or altered so as to exclude therefrom any part thereof this Act shall, on and from the date of that abolition or alteration, cease to apply with respect to any and every lease or license under or deemed to be under this Act and the Land Act whereby any land in the abolished Irrigation Area or part of an Irrigation Area excluded therefrom is held from the Crown. In every such case the Land Act shall, but without prejudice to the selector, lessee or licensee of any such lease or license for that the area of land comprised therein exceeds the maximum area which may lawfully be held by him, continue to apply in respect of the lease or license, and moneys received in respect of rent payable, on or after the date of such abolition or alteration, under such a lease or license shall not be credited to the fund account for that Area. (3) In any and every case where the Court shall not have determined the annual rent in respect of the rental period current as at the date of the constitution of an area to be an Irrigation Area, or of the abolition of an Irrigation Area or of the exclusion of part of an Irrigation Area therefrom, or, as the case may be, of the inclusion of an additional area in an Irrigation Area of any selection or lease wholly in that Area or part excluded from an Area, or area included in an Area, then the Court shall make that determination under, subject to and in accordance with this Act and the Land Act or, as the case may be, the Land Act. 33. Reclas.,ification of lands comprised in lease. (1) If, consequent upon the construction of new works, or the extension, renewal, improvement, or alteration of existing works, or of any other circumstances arising or becoming apparent subsequent to the issue of any lease, the Minister is of opinion that it is necessary or desirable to reclassify the land comprised in any lease so far as relates to the areas respectively of irrigable land, non-irrigable land and dry land respectively comprised therein the Minister may recommend accordingly to the Governor in Council who thereupon may by Order in Council reclassify those areas as so recommended. (2) Every such Order in Council shall be registered in the appropriate register kept in the Department of Public Lands. (3) Upon registration as aforesaid of an Order in Council under this section, the lease thereby affected shall have operation and effect subject to that order as if that order were incorporated in and formed part of the relevant instrument. (4) In any action or proceeding wherein proof of an Order in Council under this section is relevant, evidence of the registration as aforesaid of the Order in Council in question shall be sufficient such proof and the party leading that evidence shall not be required to prove the due making of the order.

678 Irrigation Areas (Land Settlement) Act of 1962, No. 43 (5) Upon the reclassification in pursuance of this section, of the areas respectively of irrigable land, non-irrigable land and dry land comprised in a perpetual lease selection, the Minister may adjust as he deems fair and equitable having regard to that reclassification the annual rent payable in respect of that lease for the remainder of the subsisting rental period. (6) Any Order in Council under section eleven of this Act shall not apply so as to disqualify any one person from holding two or more agricultural selections the aggregate area of irrigable land comprised wherein exceeds the maximum area prescribed by or in pursuance of that section where- (a) the excess shall have resulted from a reclassification under and within the meaning of this section; and (b) that person or his predecessor in title held those selections when the reclassification was made. 34. Lessee may elect to have rent determined by Land Court. (1) Notwithstanding any provision, other than this section, of this Act, a lessee of a perpetual lease selection, the rent whereof has been adjusted by the Minister pursuant to the provisions of section thirty-three of this Act, may, not later than three months after the date of the Order in Council reclassifying the areas of irrigable, non-irrigable and dry land comprised in the selection, apply to the Minister in writing to have the annual rent payable for the remainder of the subsisting rental period determined by the Court. (2) Upon application made as prescribed by subsection (1) of this section, the Minister shall refer to the Court for hearing and determination the matter of the annual rent payable for the remainder of the subsisting rental period of the perpetual lease selection the subject of that application, and thereupon the Court shall hear and determine that matter. (3) If the annual rent as adjusted by the Minister is altered by the determination of the Court, a due adjustment shall be made, for which purpose amounts paid in excess shall be credited to the lessee in payment of future rent or, at his request, refunded to him, and amounts short paid shall be recoverable as unpaid rent. 35. Surrender of lease of agricultural selection and grant of new lease. (1) This section applies subject to section thirty-seven of this Act. (2) Where the Minister is satisfied that for good and sufficient reasons it is desirable so to do, it may be agreed between the Minister and the lessee of any agricultural farm or perpetual lease selection held or deemed to be held under this Act and the LandAct that if the lessee surrenders to the Crown his right, title, estate or interest in the selettion in order that the land comprised therein, or any part thereof, either with or without any other Crown land, may be again made available for leasing according to the portion or portions thereof designed by the Commissioner of Irrigation and Water Supply, then upon such surrender, the lessee shall receive a new lease, the tenure whereof shall be agricultural farm or perpetual lease selection, over the portion or portions or any other Crown land set apart for the purposes of "The Irrigation Acts, 1922 to 1961," as agreed between him and the Minister.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 679 (3) Such an agreement may contain a term that the lessee shall be permitted to use and occupy the land or a specified part of the land the lease whereof he has agreed to surrender until the commencement of the new lease to be issued pursuant to the agreement. (4) Such an agreement shall not be revocable by the lessee and, unle~s and until revoked by the Minister pursuant to subsection (6) of this section, the agreement shall be binding upon the lessee in question his heirs, successors and assigns. (5) A lessee who has made such an agreement shall, when thereunto requested in writing by the Minister, execute and lodge in the office of the Commissioner of Irrigation and Water Supply, within the time specified by the Minister in the request, a surrender of the lease which he has agreed to surrender, together with the instrument of lease. Subject to acceptance for such lodgment, the surrender shall be irrevocable and shall be binding on the lessee, his heirs, successors and assigns. (6) If the lessee fails to comply with the request under subsection (5) of this section within the time specified by the Minister therein (or such extension of that time as the Minister, who is hereby thereunto authorised, may have allowed) or if acceptance of the surrender for lodgement in his office is refused by the Commissioner of Irrigation and Water Supply under subsection (1) of section thirty-seven of this Act, the Minister may revoke the agreement. 36, mue of lease in respect whereof the lessee has accepted off'er or new lease. (1) Upon the surrender of his subsisting lease by a lessee pursuant to an agreement made under section thirty-five of this Act, the Governor in Council shall issue a new lease to him of the area of land as shall have been mutually agreed upon as aforesaid. (2) Every such new lease shall commence on the quarter day next following after the lessee shall have surrendered the subsisting lease. (3) Every such new lease shall be issued (and shall be valid and effectual to convey to and vest in the lessee therein named, the land therein described for the estate or interest therein stated) subject to such reservations and conditions as are authorised or prescribed by this Act and the Land Act with respect to the tenure of the new lease and subject also to such conditions as the Minister shall have notified in writing to the lessee before the agreement under section thirty-five of this Act was entered into by him. (4) The lessee shall he entitled to occupy and may enter into possession of the land comprised therein on and from the date of the commencement of the new lease or, with the written permission of the Minister, at any sooner time. (5) Where the rental of the perpetual lease selection, the subject of an agreement made under section thirty-five of this Act, was, before the surrender of the lease thereof, determinable in accordance with the provisions of subsection (2) of section twenty-five of this Act, the rental

680 Irrigation Areas (Land Settlement) Act of 1962, No. 43 of the perpetual lease selection issued to the holder of that surrendered selection under this section (hereinafter in this section referred to as the "new selection") shall, subject to subsection (6) of this section, be determined also in accordance with tho provisions of the said subsection (2) of section twenty-five of ~s Act. (6) The provisions of subsection (5) of this section shall not apply if the Minister is of the opinion that the new selection as compared with the surrendered selection is capable to an appreciably greater extent of being irrigated from works or proposed works of an irrigation undertaking and that opinion has been notified in writing to the lessee before the agreement under section thirty-five of this Act was entered into by him. 37. Inclusion in otrer of impro\'ed Crown land. (1) lf, in any case where other Crown land has been included in the offer of a new lease pursuant to an agreement made under section thirty-five of this Act, there are any improvements thereon, the declared or provisional value thereof shall be notified in writing to the lessee before he enters into the agreement. The lessee shall pay to the Commissioner of Irrigation and Water Supply the declared or provisional value of the improvements upon or before lodging in the office of such Commissioner the surrender of his subsisting lease. Such Commissioner shall refuse to accept the surrender for lodgment in his office unless it is accompanied by such payment or such payment has been theretofore made. (2) The provisions of Division II of Part X of the Land Act shall, with and subject to all necessary adaptations, apply. The requirements of subsection (I) of this section with respect to payment of the declared or provisional value of improvements do not apply to improvements the property of the Crown in respect whereof the Minister and the lessee have entered into an agreement pursuant to the provisions of section two hundred and thirty-nine of the Land Act. 38. When mortgage, &c., not affected by surrender of lease. ( l) The surrender to the Crown of a lease of a holding pursuant to an agreement under section thirty-five of this Act shall not affect or prejudice in any way any mortgage, charge, sublease, easement, right of way, agreement or order to which the holding is subject when surrendered, save that any right or power, whether absolute or contingent, to sell or purchase the holding conferred by any such mortgage or charge shall not authorise a sale or purchase of the holding for the tenure or, where appropriate, area thereof subsisting immediately prior to the surrender. (2) Every new lease issued to the lessee of the surrendered holding pursuant to an agreement under section thirty-five of this Act shall be subject to every such mortgage, charge, sublease, easement, right of way, agreement or order at all times during the term thereof during which the mortgage, charge, sublease, easement, right of way, agreement or order continues to subsist.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 681 (3) The Registrar of Dealings shall, before the issue of the instrument of the new lease, endorse on the instrument and in the appropriate register therefor (in such manner as to preserve the priority of the respective mortgages or cha.rges in case there shall be more than one) a noting of every mortgage, charge, sublease, easement, right of way, agreement or order to which the lease is subject pursuant to this section, and thereafter the first mortgagee or encumbrancee shall be entitled to possession from the Department of Public Lands of such instrument. (4) Where a holding surrendered pursuant to an agreement under section thirty-five of this Act is subject to a sublease which is in turn subject to a mortgage, charge or sub-sublease the surrender shall not affect or prejudice in any way such mortgage, charge or sub-sublease (or any mortgage of such sub-sublease) and the aforementioned Registrar of Dealings shall make with respect thereto the like endorsements as prescribed by subsection (3) of this section to be made by him in respect of the lease. 39. Land may be sold by auction or withdrawn. (1) The Minister, with the approval of the Governor in Council, may, by notification published in the Gazette, cause any Crown land within an Irrigation Area to be offered for sale for an estate in fee-simple by public auction. (2) All such land shall be distinguished as town or suburban or country lots. (3) The area of any lot of such land shall not exceed ten thousand acres or, where in the opinion of the Minister a lesser area is a living area, shall not substantially exceed such lesser ,area. (4) The Minister may in his discretion at any time before acceptance • of a bid or an application withdraw any auch, land from sale. The Minister shall cause any such withdrawal to be notified in the Gazette. (5) All the provisions of the LandAct relating to auction sales in fee-simple shall apply with respect to land dealt with under this section. 40. Perpetual town, suburban or country leases. (I) The Minister, with the approval of the Governor in Council, may, by notification published in the Gazette, cause any Crown land within an Irrigation Area to be offered for sale by public auction as auction perpetual lease under this Act and the Land Act under any of the following classes of tenure, namely:- (a) perpetual town lease; (h) perpetual suburban lease; or (c) perpetual country lease. (2) The land shall be offered in lots, the maximum areas whereof respectively shall not exceed- town land, half an acre; suburban land, twenty acres; or country land, two thousand five hundred and sixty acres. (3) The Minister may, in his discretion, at any time before acceptance of a bid or an application withdraw any such land from sale.

682 Irrigation Areas (Land Settlement) A.ct of 1962, No. 43 The Minister shall cause any such withdrawal to be notified in the Gazette. (4) An auction perpetual lease under any class of tenure mentioned in this section may be issued as prescribed by any provision, other than this section, of this Act, but so that the maximum area of any such lease shall not, unless otherwise prescribed, exceed the maximum area prescribed by this section according to the class of tenure thereof. (5) All the provisions of the Land Act relating to auction perpetual leases shall apply with respect to land dealt with under this section. 41. Saving. In the case of any perpetual town lease, perpetual suburban lease or perpetual country lease held pursuant to the repealed Acts and "The Land Acts, 1910 to 1962," and subsisting at the commencement of this Act, the first of the rental periods of ten years shall commence as from the expiration of the rental period of fifteen years current immediately prior to the commencement of this Act. In every case the rent for the first of the rental periods of ten years and for every subsequent such period shall be determined by the Court as prescribed by subsection (4) of section one hundred and eighty-eight of the Land Act. 42. Offer of land as special lease and withdrawal of same. (1) The Minister, with the approval of the Governor in Council, may, by notification published in the Gazette, cause to be offered for sale by public auction as a special lease under this Act and the Land Act- (a) any Crown land within au Irrigation Area for any manufacturing, industrial, residential or business purposes; or {b) any land within an Irrigation Area reserved and set apart for public purposes, for any purpose, not inconsistent with the reservation, specified in the notification. (2) The Minister may, in his discretion, at any time before acceptance of a bid or an application withdraw any such land from sale. The Minister shall cause any such withdrawal to be notified in the Gazette. (3) Issue of spedal leases without notification. The Minister, with the approval of the Governor in Council, may, without notification published in the Gazette, issue to any person a special lease under this Act and the Land Act of- (a) any Crown land within an Irrigation Area for any manufacturing, industrial, residential or business, or for any racecourse or recreational purposes; or (b) any land within an Irrigation Area reserved and set apart for public purposes, for any purpose not inconsistent with the reservation, for such term not exceeding thirty years and subject to such conditions as to rent or otherwise as the Minister thinks fit. (4) All the provisions of the Land Act relating to special leases shall be applicable to special leases applied for, granted, acquired, or held under this Act and the Land Act.

Inigation Areas (Land Settlement) Act of 1962, No. 43 683 43. Section 207 nf Lancl Act applied. The lessee of a special leue under this Act and the Land Act comprising land not reserved and set apart for any public purpose may be allowed to purchase the land without competition or may be granted and may hold a non-competitive perpetual lease in respect of that land under, subject to, and in accordance with the provisions of section two hundred and seven. of the LandAct, which provisions shall, subject to any necessary adaptations, apply and extend accordingly. 44. Sections 2~ 211 and 212 of Laad Act applied. Sections two hundred and eight, two hundred and eleven and two hundred and twelve of the Land Act shall, subject to any necessary adaptations, apply and extend so that where, in a case specified in those sections the Crown land in question is within an Irrigation Area, then under, subject to, and in accordance with the provisions of those sections the Governor in Council may, under this Act and the Land Act- (a) sell and grant without competjtion such land; or (b) issue a perpetual town lease, a perpetual suburban lease, or a perpetual country lease without competition of such land, to the holder of adjoining land. 45. Sectiom 209, 211 and 212 of LandAct applied. Sections two hundred and nine, two hundred and eleven and two hundred and twelve of the Land Act shall, subject to any necessary adaptations, apply and extend with respec..-t to Crown land in an Irrigation Area so that under, subject to, and in accordance with the provisions of those sections the Governor in Council may, under this Act and the Land Act- (a) sell and grant without competition such land; or (b) issue a perpetual town lease, a perpetual suburban lease, or a perpetual country lease without competition of such land, to a religious body. 46. Sections 210, 211 and 212 of LandAct applied. Sections two hundred and ten, two hundred and eleven and two hundred and twelve of the Land Act shall, subject to any necessary adaptations, apply and extend so that under, subject to, and in accordance with the provisions of those sections, a perpetual town lease, a perpetual suburban lease, or a perpetual country leai;e of any Crown land within an Irrigation Area may be granted to and held by a person or body corporate under this Act and the Land Act. 47. Maps of lancl open. When land is declared open for lease or selection, or is to be offered for sale by auction, under this Act and the LandAct, maps shall be prepared and exhibited to the public at the offices in Brisbane of the Department of Public Lands and Department of Irrigation and Water Supply, and at the District Land Office and at the District Irrigation and Water Supply Office showing the land and such other information as the Minister directs. 48. Register of applications. (1) In the case of applications pursuant to the selective method to select land as a selection, the Project Engineer or Land Agent at every place appointed by the opening notification and the Secretary to the Commissioner of Irrigation and Water Supply shall

684 Jr,:igation Areas (Land Settlement) Act of 1962, No. 43 keep a register in which he shall enter particulars of all such applications lodged at such place or, in the case of the said Secretary, lodged with him in order of their receipt by him and the day and hour of their receipt. He shall note such day and hour on the application and initial the noting. He shall also in such register record the date of transmission by him of each application to the office in Brisbane of the Secretary to the Commissioner of Irrigation and Water Supply for consideration by the Committee of Review. (2) The Secretary to the Commissioner of Irrigation and Water Supply shall cause particulars of all such applications to be entered in a register kept for the purpose. When an application is rejected, or accepted or refused, or otherwise dealt with by the Committee of Review, such Committee shall cause a memorandum of the decision to be made opposite the entry of the application in such register. 49. Administration. (1) This Act shall be administered by the Minister and subject to the Minister by the Commissioner of Irrigation and Water Supply. (2) Except as otherwise provided by this Act, all records, registers, instruments and other documents relating to the alienation, leasing and occupation of Crown land in Irrigation Areas pursuant to the provisions of this Act and the Land Act shall be kept in the Department of Public Lands and the appropriate officers of that Department shall take and do all such steps and things as are necessary or convenient for keeping therein such records, registers, instruments and other documents. 50. Application of Part X of the Land Act. Subject to this Act all of the provisions of Part X of the Land Act shall apply to land opened, selected or held or deemed to be held under this Act and the Land Act and to land being purchased under this Act and the Land Act to the same extent as the provisions of the said Part X would apply to the land in question were it opened, selected or held under the LandAct under the like tenure or, as the case may be, were it being purchased under the Land Act. St. Regulations. The Governor in Council may from time to time make regulations not inconsistent with this Act or the Land Act 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 including in relation to this Act, the objects and purposes specified in paragraphs (a), (b) and (c) of subsection (1) of section three hundred and eighty-two of the Land Act. The provisions of subsections (2), (3), (4), (5) and (6) of section three hundred and eighty-two and of section three hundred and eighty-five of the Land Act shall apply with respect to the power to make regulations under this Act and to any regulations made under this Act, and for the purpose of so applying those provisions they shall be read with and subject to all necessary modifications.

Irrigation Areas (Land Settlement) Act of 1962, No. 43 685 Date of Act THE SCHEDULE Title of Act I Extent of Repeal 24 G. V No. 21 "The Irrigation Acts Amendment Act The whole, except of 1933" sections 21 to 28, both in- elusive I 25 G. V No. 31 "The Land Acts Amendment Act of S. 17 1934" I 1 E. VIII No. 3 "The Land Acts Amendment Act of S. 16 1936" 11 G. VI No. 11 "The Irrigation and Water Supply Part III Commission Act of 1946" 13 G. VI No. 48 "The Irrigation and Water Supply Part IV Commission Act and Other Acts Amendment Act of 1949" 15 G. VI No. 11 "The Land Acts and Other Acts Part VII Amendment Act of 1951" 3 Eliz. II No. 27 "The Irrigation Acts and Other Acts Parts II and V Amendment Act of 1954" 8 Eliz. II No. 72 "The l"igation Areas (Land Settle- The whole ment) Acts Amendment Act of 1959" 10 Eliz. II No. 7 "The Irrigation Areas (Land Settle- The whole ment) Acts Amendment Act of 1961"