Irrigation Areas (Land Settlement) Acts Amendment Act of 1959 (8 Eliz Ii No. 72) (Qld)

<$umtsUutb ANNO OCTAVO EL1ZABETHAE SECUNDAE REGIME. ♦♦ ♦♦♦♦♦♦♦♦ ♦♦♦♦♦ •♦♦♦♦♦♦♦ ♦♦♦■»♦♦♦♦♦ « 4 No. 72. An Act to Amend "The Irrigation Areas (Land Settlement) Acts, 1933 to 1954," in certain particulars, [A ssented to 23 rd D ecember , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959.” Principal Act. (2.) “ The Irrigation Areas (Land Settlement) Acts, 1933 to 1954,” are in this Act referred to as the Principal Act. '

8 E liz . II. No. 72,1959. Irrigation Areas (Land Settlement), Etc., Act. 529 colle(c3ti. ) veTlyhe ciPterdinciapsal “ A Th ct e a I n rr d iga t t h io is n A A c r t eas ma ( y Lan b d e Ctitollel.ective Settlement) Acts, 1933 to 1959.” 2. Subsection two of section seven of the Principal oAfms. en7dm( 2e). nt Act is amended by repealing in paragraph (iv.) thereof the words “ five years ” and inserting, in lieu of those repealed words, the words “ three years sectio3n. TsheveePnrinthceipreaolfA, ctthies afmolleonwdiendg bsyeicntisoenrtsin: — g, after aN 7 b ned , w 77 o s b s , . 7 7 da , inserted. selec “ te [ d 7 a . o ] nEvoerryaftGerroutphe PecorpmemtueanlceLmeeanste oSfele“ ct T io h n e oPrenesriGsdoernnoauclep Irrigation Areas (Land Settlement) Acts Amendment Perpetual Act of 1959,” shall be subject to the condition of SLeelaescetions. personal residence during the first three years of the term thereof. Every such Group Perpetual Lease Selection selected before the commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,'” which, pursuant to the Land Acts, is subject to a condition of personal residence for the first five years of the term thereof which condition of personal residence has not been wholly performed, shall be taken'as being subject to the condition of personal residence during Hhe first three years of that term and no longer. 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 Acts relating to performance and suspension of and exemption from such a condition with respect to selections. In this section the expression “ Group Perpetual Lease Selection ” means a Perpetual Lease Selection comprising land opened for Group Selection under the provisions of the Irrigation Acts and the Land Acts as a Perpetual Lease Selection. an Ir [7 ri b g . a ] tiWonheAn reaanysePleecrtpeedtuuanldLereatshee SIerlreicgtaiotinonwiAthcitns ooPffercpfoeonrrsdmoinatianolcne and the Land Acts (whether before, on or after the residence. commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959”), is subject to

530 Irrigation Areas (Land Settlement), Etc., Act. 8 E liz . II. No. 72, the condition of personal residence, the personal residence by the selector continuously and bona fide upon land in which the selector is beneficially interested and which is situated at a distance not exceeding ten miles from the nearest part of the Perpetual Lease Selection, shall be deemed to be personal residence by the selector upon the Perpetual Lease Selection, and shall confer upon the selector 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 Perpetual Lease 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. Performance [7c.] In the application of section ninety of the ooff condition Land Acts to a condition of personal residence or occupation. condition of occupation to which is subject a Perpetual Lease Selection within an Irrigation Area selected under the Irrigation Acts and the Land Acts on or after the commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,” that section shall be read as though the word “ ten ” were substituted for the word “ thirty ” occurring therein. Performance [7 d .] In the application of section ninety-one of ooff condition the Land Acts to a condition of occupation to which occupation. a Perpetual Lease Selection within an Irrigation Area and under the Irrigation Acts and the Land Acts is subject, that section shall be read— (i.) Where the selection was selected, granted or deemed to be granted before the commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,” as though, in the proviso to subsection three thereof— (a) The word “ if ” were inserted after the words “ Provided that ” ; and

1959. Irrigation Areas (Land Settlement), Etc., Act. 531 (6) 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 ” ; and (ii.) Where the selection was selected on or after the commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,” as though the word “ ten ” were substituted for the word “ thirty ” wheresoever that word occurs therein and as though the proviso to subsection three of that section were deleted therefrom. [7 e .] Where an Irrigation Area is abolished or Performance altered so as to exclude therefrom a Perpetual Lease $oon tIon Selection to which section 7 d of this Act applies then occupation in the application of section ninety-one of the Land irrigation Acts to the selector thereof at the time of such abolition Area or alteration who is residing, pursuant to the said section ^1,shed* 7 d , upon land situated in a city, town or township, or other centre of population, or land declared to be suburban land, subsection three of the said section ninety-one 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 4. Section eight of the Principal Act is amended Amendment by- of 8» 8. (i.) Repealing therein the words “ Perpetual Lease Selections ” and inserting, in lieu of those repealed words, the words “ Agricultural Selections ” ; and (ii.) Adding thereto the following paragraph:— “ For the purposes of this section the term “Agricultural Selection” shall mean an Agricultural Farm or a Perpetual Lease Selection.”

532 Irrigation Areas (Land Settlement ), Etc., Act. 8 Euz. II. No. 72, . New ss. 8 b 5. The Principal Act is amended by inserting, iannsder8tecd. after section 8 a thereof, the following sections:— Surrender of “ [5 b .] (2.) Where the Minister is satisfied that PLeerapseetual for good and sufficient reasons it is desirable so to do, oaSnfeldneecgwtrioannt iotr mliacyensbeee aogfreaendybePtwerepeentutahleLMeaisneistSereleacntdionthehelledsseoer lease. deemed to be held under the Irrigation Acts and the Land Acts that if the lessee or licensee will surrender to the Crown his right, title, estate or interest in the selection in order that the land comprised therein, or a specified part thereof, either with or without any other Crown land, may be opened for selection according to the portions thereof designed by the Commissioner, then upon such surrender such land will be so opened and thereupon the lessee or licensee shall have priority over all other applicants for such portion or portions as may be mutually agreed upon between him and the Minister. (2.) The making of such an agreement by a lessee or licensee shall be irrevocable and shall be binding upon the lessee or licensee, his heirs, successors and assigns. (3.) A lessee or licensee, who has made such an agreement, shall when thereunto requested by the Minister, execute and lodge in the office of the Commissioner, together with the instrument of lease or license, the surrender to the Crown of the lease or license in respect whereof such agreement has been made. Such lodgment of the surrender shall be irrevocable and shall be binding on the lessee or licensee, his heirs, successors and assigns. (4.) Such an agreement may contain a term that the lessee or licensee shall be permitted to use and occupy the land or a specified part thereof, the right, title and interest wherein he is required to surrender under the agreement, until the expiration of the time hereinafter specified for the making in priority of an application to select the lands to be opened for selection pursuant to the agreement and, where the lessee or licensee makes such an application pursuant to his

1959. Irrigation Areas (Land Settlement), Etc., Act. 533 entitlement under the agreement, then until the issue of a license to occupy in respect of the portion or portions whereof it has been agreed that he shall have priority over all other applicants. [5c.] (1.) Upon the surrender of his subsisting lease Opening for or license by a lessee or, as the case may be, licensee, of pursuant to an agreement made under section 8 b of this respect Act, the land specified in the agreement shall be opened a«^wee for selection according to the portions thereof designed has by the Commissioner and that lessee or licensee shall X^new have priority of application over all other applicants lease- in respect of the portion or portions as shall have been mutually agreed upon as aforesaid. (2.) The right of priority of application conferred by the agreement shall be exercised by the lessee or licensee not later than fourteen days before the date upon which the land will be open for selection. (3.) When a portion in respect whereof a lessee or licensee has priority of application comprises the whole of a Perpetual Lease Selection surrendered by that lessee or licensee pursuant to an agreement made under section 8 b of this Act, the lessee or licensee shall not be required to make, with his application to select the portion, the prescribed deposit of the survey fee.” 6. The following sections are inserted after section New sa. 8 d 8c of the Principal Act, as previously inserted by this Act, namely :— ' “ [5 d .] For the purposes of sections 8 b and 8c of Meaning of this Act, the expression “ lessee or licensee ” shall be If™,. or deemed to extend to and to include any person or persons licensee ”. or body corporate, being— (а) The executor or administrator or trustee in the estate of the lessee or licensee deceased; or (б) The trustee of the insolvent estate of the lessee or licensee; or (c) The committee of the lessee or licensee mentally sick; or

534 Irrigation Areas (Land Settlement), Etc., Act. 8 E liz . II. No. 72, (d) The trustee of a marriage settlement comprising such selection, who or which has or have had the lease or license of the selection duly entered in his name or in their names or in its name in the records of either the Department of Irrigation and Water Supply or the Department of Public Lands, or who or which would have been entitled if the lease or license had not been surrendered to have had the same so entered. The qualification of any person to select or hold a Perpetual Lease Selection under the provisions of sections 8 b and 8c of this Act as the legatee or next-of-kin of the lessee or licensee deceased shall be always subject to the provisions of section 135 a of the Land Acts. Mortgages, [£ e .] (1.) When any Perpetual Lease Selection has nchoatragfefse,ct&edc. been surrendered in pursuance of an agreement between by grant of the Minister and the lessee or licensee under section 8 b new lands. of this Act and such Perpetual Lease Selection at the time of such surrender is charged or made security for the payment of any money by the registration of a memorandum of mortgage or charge, or is subject to a sublease registered under this Act and the Land Acts, such memorandum of mortgage or charge or sublease shall not be extinguished by any action under the provisions of this section, or section 8 b or section 8c of this Act, and as between the parties to the said memorandum of mortgage or charge or sublease, and all other persons, such memorandum of mortgage or charge or sublease shall, during the period between the date of the surrender of the holding to the Crown and the date of the instrument of title entitling the mortgagor, or sublessor, as the case may be, to occupation of the selection selected by him under section 8c of this Act, be and remain a good and effective mortgage, charge or sublease, as the case may be. ( 2 .) (a) Immediately upon and following the date of the instrument of title entitling the mortgagor or sublessor to occupation of the new selection, such selection shall be and become the selection charged or made security for the payment of the sum of money secured by the memorandum of the mortgage or charge, or subject to the sublease, as the case may be.

1959. Irrigation Areas (Land Settlement), Etc., Act. (b) Before the issue of the instrument of title of the new selection the proper officer of the Department of Public Lands or the Department of Irrigation and Water Supply shall endorse on such instrument of title a note of every subsisting entry in the proper registers, and thereafter the first subsisting mortgagee shall be entitled to and may obtain from the Department of Public Lands or the Department of Irrigation and Water Supply such instrument of title of the selection. (c) Such memorandum of mortgage or charge, or sublease, as the case may be, shall for all purposes whatsoever have the same force and effect as if duly executed and registered with respect to the new selection.” 535 7. Section nine of the Principal Act is amended— Amendments A of s. 9. (i.) By repealing the first paragraph thereof, including the proviso thereto (being the paragraph commencing with the words “ During the first fifteen years ”) and the second paragraph thereof (being the paragraph commencing with the words “ For each and every period ”) and by inserting, in lieu thereof, the following subsections :— “ (1.) The rental periods of all Perpetual Lease Rent- Selections shall be ten years : Provided that in the case of any Perpetual Lease Selection selected, granted or deemed to be granted before the commencement of “ The Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,” the first such rental period of ten years shall commence as from the expiration of the rental period of fifteen years or seven years, as the case may be, current immediately before the commencement of that Act. (2.) The rent of all Perpetual Lease Selections Rent °f selected, granted or deemed to be granted before the ^rpetuai commencement of “ The Irrigation Areas (Land Settlement )lea8es to *»• Acts Amendment Act of 1959,” for any and every rentalpercent* period shall be 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.

536 Irrigation Areas (Land Settlement), Etc., Act. 8 Euz. II. No. 72, Rent of new (3.) The rent of every Perpetual Lease Selection pleearspeestutaol be selected on or after the commencement of “ The 2} per cent. Irrigation Areas (Land Settlement) Acts Amendment Act of 1959,” for any and every rental period shall be 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.” ; and (ii.) By renumbering the third paragraph thereof, including the proviso thereto (being the paragraph commencing with the words “ The Court, in determining the rent ”), as subsection four thereof. New 88. 10 a 8. The following headnote and sections are inserted ainnsder 1 te 0 d b . after section ten of the Principal Act:— “ Agricultural Farms. Agricultural [I0A.] (1.) The Minister, with the approval of the Farms. Governor in Council, may by notification declare any Crown land within an Irrigation Area open for selection under the provisions of the Irrigation Acts and the Land Acts as Agricultural Farms. (2.) All the provisions of this Act relating to Perpetual Lease Selections (including, but without limiting the generality hereof, the Group Selection thereof) shall, as far as applicable and with and subject to all necessary adaptations, apply to Agricultural Farms. (3.) Upon receipt by the Minister of a certificate that an Agricultural Farm has been fenced or improved as prescribed by the Land Acts, the selector shall be entitled to a lease. ' (4.) The term shall be twenty years. (5.) The annual rent reserved shall, during the term, be an amount equal to one-twentieth of the notified purchasing price. (6.) In the case of an Agricultural Farm opened for Group Selection, 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.

1959. Irrigation Areas (Land Settlement ), Etc., Act. 537 In the case of an Agricultural Farm opened other than for Group Selection, 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 where the notification has imposed the condition of personal residence during the first three years of the term and also where the applicant has by an offer undertaken to perform the condition of personal residence during the first three years of the term. (7.) Except as varied by the Irrigation Acts and the notification opening the land for selection, all the provisions of the Land Acts relating to Agricultural Farms shall be applicable to Agricultural Farms applied for, granted, selected, acquired or held under the Irrigation Acts and the Land Acts. [10 b .] Land may be declared open for selection Modes of alternatively as either Agricultural Farms or Perpetual Beleotlon- Lease Selections. Land may be declared open for Group Selection alternatively as either Agricultural Farms or Perpetual Lease Selections. When land is declared open for selection alternatively as either an Agricultural Farm or a Perpetual Lease Selection, the purchasing price of the land as an Agricultural Farm shall be the same amount as the capital value thereof as the Perpetual Lease Selection.” 9. The following section is inserted after section Nows. iio 1 I f of the Principal Act:— inserted. “ [11 g .] (1.) The Minister, with the approval of the Sales of Governor in Council may, by notification, cause any suburban Crown land within an Irrigation Area to be offered for or country sale by public auction. ,ofc8' (2.) All such land shall be distinguished as town or suburban or country lots. (3.) The Minister may in his discretion at any time withdraw any such land from sale.

538 Irrigation Areas (Land Settlement), Etc., Act. 8 Buz. II. No. 72,1959. (4.) All the provisions of sections one hundred and fifteen, one hundred and sixteen, one hundred and eighteen, one hundred and nineteen and one hundred and twenty of the Land Acts relating to the sale of land by auction as town, suburban or country lots shall apply with respect to land dealt with under this section.”