Jimbour Selections Act of 1919 (10 Geo v No. 12) (Qld)

LAND, CROWN. 10 GEO. V. No. 12, 1919. Jimbour Selections Act. Provided, however, that all moneys from time to time received for rent, survey fees, or otherwise in respect of land forming part of the said estate selected or dis- posed of under *" The Land Acts, 1910 to 1918," shall be placed to the credit of The Closer Settlement Acts Trust Account (Seaforth Estate) in the books of the Treasury until the Governor in Council makes other provision for the disposal of the said moneys. 9341 An Act to Afford Relief to Selectors on the Jimbour 10 Geo. V. Repurchased Estate, and to make further pro- N; ~ ~ 2. vision with respect to the Selection of Land on s~ ~ ~ ~ ~ ~ s the said Estate. ACT OF 1919. [ASSENTED TO 17TH NOVEMBER, 1919.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1 This Act may be cited as "The Jimbour Selec- Short title. tions Act of 1919." 2. (1.) In this Act the term "Land Acts" means Interpreta. and includes *" The Land Act of 1910" with its several tion. amendments and t" The Closer Settlement Act of 1906" with its several amendments. (2.) The provisions of this Act shall be applicabJe, Construction not,withstanding anything contained in the Land Acts or of Act. in any other Act. (3.) Subject to the last preceding subsection, this Act shall be read as one with the Land Acts. 3. The following provisions shall apply to selections Relief in on the Jimbour Hepurchased Estate which were taken ~:~~cet~~~: up under the Land Acts as agricultural farms prior to tak~n up as the first day of July, one thousand nine hundred and ~ ! :: . ~ltural eighteen:- (1.) If the lease of the agricultural farm was subsisting on the first day of July, one thousand nine hundred and eighteen, and is still subsisting at the date of the passing * 1 Geo. V. No. 15 and amending Acts, supra, page 8775. t 6 Edw. VII. No. 32 and amending Act,s, supra, page 8901.

9342 LAND, CROWN. Jimbour Selections Act. 10 GEO. V. No. 12, ' of this Act, the lessee thereof shall be entitled, upon giving notice in writing to the Minister in the prescribed form,in tbe case of any lessee who is on active service with' His Majesty's forces abroad within one hundred and eighty days after the date of his discharge from or other termination of such service, and in all other cases within ninety days after the date of the passing of this Act, to surrender the said lease and to be granted a perpetua.l lease of the land as a perpetual lease selection under and subject to the terms and provisions set forth in subsection fOlIr hereof. (2.) If the lease of the agricultural farm has been converted into a perpetual lease of a perpetual lease selection before the date of the passing of this Act and such perpetual lease is at that date still subsisting, t:h.e lessee thereof shall be entitled, upon giving notice as aforesaid, to. surre;nder the said lease and to be granted a perpetual lease of the land as a perpetual lease selection under and subject to the terms and provisions set forth in subsection four hereof. (3.) If the lease of the agricultural farm has been surrendered' by the lessee before the date of the passing of this Act and at that date the land has not been re- selected by any other person, the late lessee shall be 'entitled, upon giving notice' as aforesaid, to have the said surrender cancelled and to surrender the reinstat€.d lease and to be granted a perpetual lease of the land as a perpetual lease selection under and subject to the terms and provisions set forth in subsection four hereof. . (4.) The following provisions shall be applicabl~ to all perpet.ual leases granted under the provisions of any of the last three preceding subsections:- (a) The lease shall be deemed to have Qommenced at the date on which the lease of the land as an agricultural farm commenced. (b) The first period of the lease shall be deemed to have expiredon the thirtieth day of June,. one thousand nine hundred and'eighteen, and the second period of the lease shall be deemed to have commenced on the first day of July~ one thousand nine hundred and eighteen. (c) The second and every subsequent period of the lease shall be of the duration of seven years respectively.

LAND, CROWN. 1919. Jimbo1lr Selections Act. (d) The annual rental for the first period of the lease shall be a sum equal to one pound per centum of the notified purchasing price of the land (exclusive of improvements, if any) when selected as an agricultural farm. (e) The annual rental for the second period of the lease shall be a sum equal to two pounds per· centum of the notified purchasing price of the land (exclusive of improvements, if any) when selected as an agricultural fqrm. (/) In cases where there were i:mprovements, on the land at the date of its selection as an agricultural farm the amount paid by the selector as a money deposit on selection shall be deemed to have included a sum equal to ten pounds per centum of the value of such improvements, and from the amount of the said deposit the said sum shall b@ deducted . and treated as payment in part for the said improvements. The amount outstanding in respect of the improvements Jast aforesaid after making the aforesaid deduction shall become and be immediately due and payable by the selector to the Crown, and shall be paid by him accordingly; and until such payment he shall not be entitled to the grant of a perpetual lease of the land. (g) The amount of the m.oney deposit paid by the selector on the selection of the land as an agri- cultural farm (after deducting in the ca.ses mentioned in paragraph (/) hereof the sum for improvements therein mentioned), and all sub- sequent instalments paid to the Crown before the date of the passing of this Act in respect of the land (other than for survey fees), shall be treated and applied as follows :- (i.) First-In satisfaction of the annual rental for the first period of the lease ending the thirtieth day of June, one thousand nine hundred and eighteen, mentioned in para- graph (d) hereof; 9343

93-14 LAND, CROWN. Jimbour Selections Act. 10 GEO. V. No. 12, (ii.) Next-In satisfaction, so far as the then balance, if any, will go, of the amount outstanding in respect of improvements mentioned. in paragraph (f) hereof; (iii.) Then-In prepayment, so far as t.he final balance, if any, will go, of the annual rental for the second period of the lease, com- mencing the first day of July, one thousand nine hundred and eighteen, mentioned in paragraph (e) hereof. The selector shall be credited in the proper books of the Department of Public Lands for the payments deemed to have been made bv him in accordance with the scheme of application of the aforesaid moneys herein set forth; and the certificate of the Auditor- , General or of some officer of his Department that such credits have been duly made shall be conclusive and binding on the Crown and on the selector and every predecessor and successor in interest of or to. him. The application by the Crown of the moneys aforesaid in accordance with the said scheme shall not be construed so as to exon- erate any selector from making any payment which the aforesaid moneys are not sufficient to meet.. (h) Save as hereby modified, all the provisions of the Land Acts relating to perpetual lease selections shall apply to perpetual leases of selections granted under t,his section. Relief in 4. The following provisions shall apply to selections . ~ :f~ cet~~ ~ ! on the Jimbour Repurchased Estate which were taken taken up as Up as perpetual lease selections on or after the first day fee:! ~ ~ual of July, one thousand nine hundred and eighteen : - (1.) The lessee shall be entitled, upon giving notice in writing to the Minister in the prescribed form within ninety days after the date of the passing of this Act, to surrender the SUbsisting perpetual lease and to be granted a p&petuallease of the land as a perpetual lease selection under and subject.to the terms and provisions set forth in subsection two hereof. .

LAND, CROWN. 9345 1919. Jimbour Selections Act. (2.)- (a) The lease shall be deemed to have commenced at the date on which the surrendered perpetual lease commenced. (b) The first and every subsequent period of the lease shall be of the duration of seven years respectively. . (c) The annual rental for the first period of the lease shall be a sum equal to two pounds per cent,um of t4e notified capital value of the land, exclusive of improvements, if any. (d) All payments made by the selector as and by way of rental under the surrendered perpetual lease shall be treated and applied -in satisfac- tion and, so far as the same will go, in prepayment of the annual rental reserved by paragraph (c) hereof in respect of the new perpetual lease. The selector shall be credited in the proper books of the· Department of Public Lands for the payments of rent deemed to have been made by him in accordance with this provision; and the certificate of the Auditor-General or of some officer of his De- partment that such credits have been duly made shall be conclusive and binding on the Cro'wn and on the selector and every successor in interest to him. The application by the Crown of the moneys aforesaid in accordance with ,the said provision shall not be construed so as to exonerate any selector from making any payment which the aforesaid· moneys are not sufficient to meet. (e) Save as hereby modified, all the provisions of the Land Acts relating to perpetual lease selections shall apply to perpetual leases of selections granted under this section. 5. The following provisions shall apply to all land Provisions on the Jimbour Repurchased Estate which has been :':-iected des~ gned or surveyed into po~ ions. for. selection, B:nd ~ ~ ~ ~ : r. WhICh at the date of the passmg of thIS Act remams . unselected, including all land to which the provisions of

9346 LAND, CROWN. Jimbour Selections Act. 10 GEO. V. No. 12,1919. subsection three of section three of this Act were appli- cable if the late lessee has not availed himself of the provisions of. that subsection by obtaining a perpetual lease of such land:- (1.) The land shall be opened for selection as per- petual lease selections by notification under the Land Acts. (2.) During the period beginnin1! at the date of the notification as last aforesaid, and ending at four o'clock in the afternoon of the thirtieth day after the date when, pursuant to such notification, the land is opened for selection, the right of applying for the land shall be restricted to persons who at the date of the passing of this Act were entitled to take advantage of section three· of this Act. The provisions of sections four and seventy of the Land Acts shall apply to applications by any such person, but section 7lA of the Land Acts shall not so apply. Provided as follows :- (a) The maximum area of land which anyone such person shall be entitled to apply for and hold shall not exceed two thousand five hundred and sixtv acres, inclusive of the area of the land (if any) already held by him on the Jimbour Repurchased Estate. (b) If the same person is the selector of two or more selections on the Jimbour Repurchased Estate, the residence of the selector or his registered bailiff upon one of the selections shall be equivalent to the residence of the selector or such bailiff upon each of the selections, not- withstanding that each of the selections is at a distance exceeding fifteen miles from each of the others; and section ninety-one of the Land Acts shall be construed accordingly. (3.) The first and every subsequent period of the perpetual lease of every such selection shall be seven years. (4.) The annual rent reserved for the first period of the lease shall bea sum equal to two pounds per centum of the notified· capital value of t,he selection, exclusive of improvements thereon, if any. (5.) Save as hereby modified, all the provisions of the Land Acts shall apply to perpetuaUeases of selections to which this section applies.