Land Act 1902 (2 Edw VII No. 18) (Qld)

2 EDW. VII. No. 18, 1902. LANDS. Land Act. 8313 LANDS. An Act to Amfoerndot" hTerhepuLrapnodses A . ct, 1897," and. 2 E N d o T w . H . 1 E v 8. u. LAND ACT, [ASSEN'!'ED TO 26TH DECEMBE R, 1902.] 1902. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Le~ is­ lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART L-PRELIMINARY. 1. This Act is divided into Parts, as follows : - PAR'!' I.-PRELIMINARY; P ART H.-ADMINISTRATION; PART IH.-NEw PASTORAL LEASES; PART IV.-SELECTIONS; PART V.-MISCELLANEOUS PROVISIONS. PART 1.- PRELIMINARY. l'arts of Act. 2. (1.) This Act may be cited as "The LandAct, Short title 1902," and shall be read and construed with and as an ~ ~~ struction. amendment of " The Land Act, 1897,"* hereinafter called ' the Principal Act; and the Principal Act and this Act may together be cited as "11he Land Acts, 1897 and 1902." (2.) In all copies of the Principal Act hereafter Mau~er of printed by the Government Printer, all repeals and amend- ~~~ ':" ;~ents. ments of the provisions of the Principal Act made by this Act or by any other Act heretofore passed or by any Act hereafter to be passed shall be omitted and inserted, as the case may be, and reference shall be made in the margin of the Principal Act to the sections of the Acts by which such repeals or amendments are respectively made. PAR'l' H.-ADMINISTRATION. PART 1I.- 3. In section. fifty-six of the Principal Act the words AD~ ~ ~ r: . TRA­ "four members and the Surveyor-General, who shall be Amendment Chairman thereof," are repealed, and the words "five of s. 56. members" are inserted in lieu thereof. 4. (1.) In section thirty-five of the Principal Act, the Amennment words "except when it is in this Act expressly • p • rovided " o 1 f 02 8 , S. 13257,, 7125, 7, that the same shall be determined by the CommIssIOner 167, and 210. are repealed. * 61 Vie. No. 25, supra, page 6228.

8314 LANDS. PART II.- AD1"UNISTRA· TION. Land Act. 2 EDw. V11. No. 18. (2.) In sections seventy-two, one hundred and two~ one hundred and twenty-seven, and one hundred and fifty-seven of the Principal Act, the word" Commissioner" is repealed, and the word "Court" is inserted in lieu thereof. (3.) The following words are added to section one hundred and sixty-seven of the Principal Act:- The Proclamation in every case in which the value of improvements on any land has been so added to the upset price, or in which the defined value of any improvements is to be paid by the purchaser of the land in addition to the amount bid for the same by him, shall state the value which has been so added or the amount which is to be so paid. (4.) The second paragraph of section two hundred and ten of the Principal Act is repealed, and the following provision is inserted in lieu thereof : - The amount of compensation for improvements to be paid to a pastoral tenant or lessee under this Act shall be determined by the Court. PARTIII.- PART III.-N EW PASTORAL LEASES. NEW PASTORAL 5. (1.) In this Part of this Act the term "pastoral Inte L r E p A r S e E ta S - . lease" means any lease made under" The Pastoral Leases tion. Aat of 1869,"* including any extension of such a lease made under "The Pastoral Leases Extension Aat of 1890 "t; or anv lease made under Part Ill. of "The Grown L(mds AoJat of 1884," ~ including any extension of such a lease made under" The Grown Lands Aat Amend- ment Aat of 1886"§ or " The Pastoral Leases Extension Aats, 1892 to 1900 ' ~ II; or any lease made under Part Ill. of the Principal Act; or any lease made under "The Pastoral Leases Aat of 1900.'" Application (2.) Except as by this Part of this Act is otherwise oAfctP. rincipal provided, all the provisions of the Principal Act and any Act amending the same, which are applicable to a lessee or to a holding under Part Ill. of that Act, shall be applicable to a lessee or holding under this Part of this Act as if the terms "lessee" and "holding" in that Act • 33 Vie. No. 10, sttpra, page 1119. t 54 Vie. No. 14, sttpra, page 4010. :): 48 Vie. No. 28, supra, page 1137. § 50 Vie. No. 33, supra, page 1174. 11 56 Vie. No. 30, supra, page 4645; 58 Vie. No. 26, supra, page 4986; 59 Vie. No. 30, supra, page 5645; 61 Vie. No. 14, supra, page 6226; 62 Vie. No. 7, supra, page 6599; and 64 Vie. No. 20, 8UjWa, page 7359. ~ 64 Vie. No. 14, supra, page 7346.

L\NDS. 8315 1902. La.nd Ad. PART Ill.- NEW PASTORAL LEASES. included a "lessee" and "holding" under this Part of this Act respectively; and for the purposes of this sectitm the Court shall have and may exe/'cise all the powers conferred upon it by that Act. 6. (1.) At any time before the first day of January, A.pplication one thousand nine hundred apd four, the lessee of any!f:ssification. holding held at the passing of this Act· under an existing pastoral lease may make application in writing to the Minister for the classification of such holding by the Court. . (2.) If the lessee of any such holding has given As to persons neIoetci t cm · e gtoto thtaekeMaindivsatenrtagbeefoofreantyheprIp. OarssAinc, gt WofIththriessp ~ e t\ c .c t t I e W w c l l h c ~ o a t e h n a t d a V g 0 t e Ctoafk e to such holding, he may nevertheless make application for prIor Acts. ' classification as aforesaid, and if after such classification he gives notice electing to take advantage of this Part of this Act the notice of election previously given shall be deemed to be revoked, and any proceeding had or taken in pur- suance thereof shall be deemed to be of no effect. If the pastoral lease of any holding with respect to which an application for classification is duly made may expire before a new lease is duly issued under this Part of this Act, or if the pastoral lease of any holding with respect to which notice of election has been given under any prior Act has expired before the passing of this Act or may hereafter expire before an application for classifi- cation is duly made or a new lease is duly issued under this Part of this Act, in any of such cases such pastoral lease shall for the purposes of this Part of this Act be deemed to be a subsisting pastoral lease. (3.) When such application for cla,ssification has been Runs to be , made with respect to any land which is a run within the:~ rili=! s. meaning of any prior Act relating to Crown lands, such land shall be deemed to be a holding within the meaning of this Part of this Act. 7. (1.) Forthwith upon receipt of an appHcati@n for Reference to classification the Minister shall refer the application to the ~ ~ =fi:~ ion. Court for the classification of the holding, and save as hereinafter mentioned the Court composed of the three membel'S thereof shall classify the same in one or other of the Classes n., Ill., or IV., hereinafter mentioned. The Court shall make such classification within twelve months after the date of such application, or as soon thereafter as may be.

8316 LANDS. PART IlI.- NEW PASTORAL LEASES. Land Act. 2 Enw. YII. No. IS, Holdings 111 (2.) If an application is made for the classification of Schedule I. any holding held under pastoral lease and situated within the limits described in the First Schedule to this Act, the Court sh~ ll cla!lsify the same in one or other of the Classes 1. or 11. hereinafter mentioned, unless it is of opinion that, having regard to the present and probable future demand for land for the pl)rposps of agricultural farm or dairy farm settlement, this Part of tbis Act should not be applied to such holding. Pclrincifiiple .of (3.) The Court in making .its classification shall take ass catIOn. I • n t 0 conSI' deratI' on t he present or probable f ut ure demand for land for purposes of settlement. Rep~ rt of. (4.) The Court shall report its classification of every classification. holding to the Minister, and a notification of such classifi- cation shall be forthwith published in the Gazette. Classification (5.) The Minister, the lessee, or any recognised public : d~ ~: mined. loCal board or association dissatisfied with any classification by the Court of any holding may, within two m<?nths after the notification of such classification in the Gazette, require that the question of such classification shall be redetermined, in which case the Court composed of the three members thereof sitting in open court shall hear and· determine such question and make its classification accord- ingly, which, upon being reported and gazetted as aforesaid, shall become the classification of the holding.. Notice of 8. (1.) At any time within six months after such election. puhtication of the classification of a holding the lessee, upon giving notice to the Minister that he elects to take advantage of this Part of this Act, and upon surrendering the existing pastoral lease of such holding, shall be entitled to receive a lease from the Crown under this Part of this Act of the lands comprised in such holding. Form of (2.) Every notice of election -shall be in the form in enloetcitcieono. f the Second Schedule to' this Act or to the like effect, and Schedule 11. when received by the ::Minister shall be irrevocable, and shall bind both the lessee and his successors in interest and the Crown. Every such notice, or an abstract thereof, shall be Eft'e"t of notice. 'Published in the Gazette. ~ (3.) Such notice shall have the effect of releasing the Crown from every claim for compensation and every claim or right whatsoever by or on the part of the lessee with respect to such holding and any land held therewith at any time under a right of depasturing which he might have had or enforced if such notice had not been given.

LANDS. 8317 1902_ - ~ - - - - - - - --- -- Land Act. - - - - - - - - -- - ---- --- - - - - --- ------ ---- PART III.- NEW PASTORAL LEASES. (4.) The term of every such lease shall commence on Commence- the first day of January or the first day of July nearest to : e;~ ~ !/ : ;m the date of the publication of' such notice or abstractsul'render. thereof in the Gazette, and the surrender of the existing pastoral lease sh'111 take effect as from the commencement -of the term of the new lease. (5.) In the case of two or more contiguous holdings cOl'tiguous held by the same lessee, the whole of the lands comprised ho mgs. therein may, if the Minister thinks fit, and t.he lessee agrees thereto, be included in one and the same lease, and in that case shall thereafter, for all the purposes of this Part of this Act, be deemed to be and shall be dealt with .as one holding. (6.) A lease shall only be granted after the payment What rent. -of all rent payable under the surrendered pastol'allease. ~ cl~ ~ ~ ~ ~ t of lease. 9. The leases which may be granted of the holdings Parj;iculal'Bof classified pursuant to this Part of this Act shall be ! ~ ~~ : :n the respectively as follows, namely:- classes. Class I.-A lease for a term consisting of the unexpired part of the term of' the surrendered pastoral lease and ten years more: provided that no such lease shall be for a longer term than twenty years, or, in the case of a holding the lease whereof was extended under" The Pastoral Leases Extension Acts, 1892 to 1900,"* twenty-four years; Class II.-A lease for a term consisting of the unexpired part of the term of the surrendered pastoral lease and twenty years more: provided that no such lease shall be for a longer term than thirty years, or, in the case of a' holding the lease whereof was extended under the Acts aforesaid, thirty-four years; Class III.-A lease for a term consisting of the unexpired part of the term of the surrendered pastoral lease and thirty years more: provided that no such lease shall be for a longer term than forty years, or, in the case of a holding the lease whereof was extended under the Acts aforesaid, forty-two years; and Class IV.-A lease for the term of forty-two years. • 56 Vie. No. 3(1, supra, page 4645; 58 Vie. No. 26, supra, page 4986; 59 Vie. page No. 30, supra, 564~ ; 61 Vi". No. 14, supm, page 6226; 62 Vie. No. 7, supra, page 6599; and 64 Vie. No. 20, supra, page 7359.

8318 LAi\DS. PARTIIl.- NEW PASTORAL LEASES. ------- Land Act. ----- - ------ ---~~ ~ - ~ EDW. YII. No. 18. Rent. 10. (1.) When the term of the lease of any holding 'exceeds ten years, such term shall be divided into periods. 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. Re·assess- (2.) The rent payable for each period shall be deter- ment of rent. mm • ed by the 0 ou rt . (3.) As soon as may be after the notice of election the Oourt shall determine the rent payable for the first period, or, if the term does not exceed ten years, for the whole term: Provided that until the first day of January or the first day of July nearest to the date of such determination the rent payable shall be the same as the rent last paid under the surrendered pastoral lease. Increased 11. If during the term of the lease of any holding : , : ! : J~ :a:ses. any public works are executed by or on behalf of the Government on or near the holding, and by reason thereof the value of the lease is, in the opinion of the Minister,. enhanced, the Oourt, upon a reference by the Minister in that behalf, shall re-assess the rent, having regard only to such enhancement, and the rent so determined shall there- after be payable for the remainder of the term or until the rent is again assessed under this Part of this Act, as the case may be. Oonditions in 12. (1.) Every lease shall be subject to the following lease8. conditions, namely :- (i.) To take such reasonable steps and measures to· prevent the spread of such noxious weeds as the Oourt may from time to time direct; (~ i.) To furnish s~ch returns or statements as the Minister may from time to time require con- cerning any stock, cost of improvements, working expenses, or any other matter relative to the holding, or to any lands worked in con- junction with the holding; all such returns and statements shall be treated as strictly confidential, and shall not be divulged or made use of except for the purposes of the Principal Act and this Act; (iii.) Reservations in favour of the Orown of the unrestricted right to proclaim travelling stock,. camping, or other reserves, and to resume any land for the purposes of roads or travelling stock or camping or goldfield or mineral field

L~ < \ ' NDS. 8319 1902. Land Act. PART Ill. - NEw PASTORAL LEASES. or other reserves, but with compensation for the improvements on any lands so taken away or resumed; (iv.) Reservations in favour of the Crown of all minerals, metals, gems, precious stones, coal, and mineral oils, together with all rights necessary for ingress, egress, search, and removal, and all incidental rights and powers; and (v.) Reservations in favour of the Crown necessary or proper for giving effect to any Act 01' Regu- lation for the time being in force. (2.) If the Court is satisfied that the lessee has for a period of ninety days after written notice has been given by the Minister to the lessee and the registered mortgagee (if any) of the holding, calling for a compliance with the requirements next hereinafter referred to, failed to comply with any of the requirements prescribed by paragraph (i.) hereof, the Court shall give a certificate to that effect, and thereupon the Minister may authorise any person, with or without assistants, to enter upon the holding and take all such measures and do all such things as appear to him to be expedient for the purpose of complying with such requirements; and any person so authorised may enter and remain upon the holding with or without assistants, and may take any such measures and do any such things as aforesaid during such period as mayappear to him to be necessary for such purpose. All expenses incurred in the exercise of the foregoing powers shall be a debt due from the lessee to the Crown, and shall be recoverable accordingly. 13. Every lease of a holding the surrendered lease Rabbit.proof whereof was extended under "The Pastoral Leases Bx- fence. tension Acts, 1892 to 1900,"* shall be subject to a covenant that to the same extent as provided by those Acts the holding and any area enclosed therewith shall be kept continuously enclosed during the whole of the term of the new lease with a fence of such character as to prevent the passage of rabbits. 14. In the case of lands to which the advantages of As to eertain "The Pastoral Leases Act of 1900 "t might have been : ~ ; ~ e: ~ ~ : e __ xt - en ~ _ d _ e _ d _ _ i _ f _ t _ h __ e __ p __ e _ r _ s _ o _ n __ s __ e __ n _ t _ i _ t _ l _ e _ d ___ s _ o __ t _ o ___ d _ o ___ h _ a _ d ___ d _ u __ l _ y __ g _ i _ v __ e _ n _ atadkveanntage of .. 56 Vie. No. 30, supra, page 4645; 58 Vie. No. 26, supra, page 4986; 59 Vie." The No. 30, supra, page 5645; 61 Vie. No. 14, "upra, page 6226; 62 Vic. No. 7, 8'upra, Pastoral page 6599; and 64 Vic. No. 20, supra, page 7359. LeasesA.ctof t64 Vie. No. 14, supra, page 7346. 1900."

LANDS. PART III.- - .-.- NEW PASTORAL LEASES. Land Act. 2 Enw. VII. No. 18, notice of election under that Act, the following provisions shall apply, notwithstanding anything contained in section three of that Act :- (1.) At any time before the first day of January, one thousand nine hundred and four, the pastoral tenant within the meaning of that A ct of any lands situated within any part of Queensland described in any 01 the first seven Schedules to that Act, or any person who is the holder of an occupation license or licenses in respect of any lands so situated, but who is not such a pastoral tenant as aforesaid, may make application for the classification under this Part of this Act of a holding comprising lands which, in pur- suance of section four of that Act, would have been comprised in a consolidated holding if a lease were issued under that Act. 'fhe Court shall classify such holding in one or other of'the said Classes n., Ill., or IV. Notice of election. (2.) At any time within six months after the publica- tion of the classification the applicant for classification, upon giving notice of election as aforesaid and surrender- ing every existing pastoral leflse and occupatiun license in respect of the lands comprised in the holding, shall be entitled to receive a lease thereof under this Part of this Act. (3 ) Until the rent payable for the first period of the term has been determined by the Court the rent payable shall be the rent which would have been payable in respect of' the holding if a lease were issued u'nder " The Past01'al Leases Act of 1900."* (4.,) If any difference arises as to the lands to be included in such· holding, or as to the amount of rent to be-paid until the determlnatiol). of the rent for the first period, the provisions of sections eight and nine of that Act shall be applicable. (5.) Save as aforesaid, all the provisions of this Part of this Act, so far as the same are applicable, shall apply to such holding and the lease thereof. Power to grant leases of Crown la.nds. 15. (1.) The Governor in Council may, on the recom- mendation of the Court, from time to time authorise the grant of a lease under this Part of this Act of any Crown lands: Provided that no lands which may heretofore have been resumed or may hereafter be resumed from any holding, and no lands situated within the limits described * 64 Vie. No. 14, supra, page 7346.

LANDS. 8321 1902. Land Act. PART 111.- Nlliw PASTORAL LEARES. in the First Schedule to this Act and held under Occu- pation License, shall be so leased until after such lands have been open for selection for a period of six months. (2.) The land shall be declared open for lease by the Minister by notification in the Gazette specifying the areas to be leased, the term of the lease (which need not necessarily be the term of one or other of the classes hereinbefore mentioned, but shall not in any case exceed forty-two years), and the rent per square mile during the term, or if the term exceeds ten years during the first period, and appointing a place and a time, not being less than four weeks from the date of the notification, at which the land will be so open. • The notification may also state the value of any improvements on the land. (3.) The Minister may, if he deems it n9cessary SO~inisterma1 to do, by not.ification in the Gazette, withdraw any lands i: ~ ~ ~ : : m from being open for lease. lease. (4.) Any person desiring to obtain a lease shall Applications himself, or by his duly constituted attorney, lodge with :tte J~ ! ~ : ~ the Land Agent at the place so appointed an application of first year's I.n the prescrI. b e d l ~ orm. rent. The application shall be for an area of land as specified in the notification, shall be signed by the appli- cant or by his duly constit.uted attorney, and shall be accompanied by the full amount in cash of the first year's rent, which shall be returned to the applicant if the application is not accepted. (6.) Applications shall take priority according to the General order of t~ eir being lodged with the Land Age~ t : . ~ ! : ! ~ ing ProvIded that when two or more apphcatIOns for priority. , the same land are lodged at or before the time so notified as aforesaid, all such applications shall be deemed to have been lodged at the same time, and the Commissioner • shall, at the time appointed for cOllsidering them, cause such land to be offered at auction to the several applicants and to no other persons; and the applicant who makes the highest bid for such land shall be declared the successful applicant, and the annual rent payable by him during the term or the first period, as the case may be, shall be the amount so bi~ by him instead of the sum specified in the notification: Provided always that the Minister may at any time Priority m~ y prior to the time appointed for considering the applica- ~~ c=! ~ d te tions, by notification to the Commissioner, declare that the application for any specified area of land of any person

8322 LANDS. PARIr IlI.- NEW PASTORAL LEASES. Land Act. 2 Enw. VII. No. 18, who is or lately was in occupation of such land or any part of the same shall be entitled to priority, and there- upon such appJication shall have priority over all other applications. Improve- (6.) When there are upon the land any improvements ments. the value of' which has not been stated in the notification, such value shall be determined by the Court, and shall be paid by the applicant to the Land Agent or other prescribed officer within twenty-one days after notice of the value has been given to the applicant. If such value has been stated in the notification; such value shalJ be paid as aforesaid within twenty-one days after acceptance of the application for the land. If such value is not duly paid, the applicant shall have no further right or title to the land or the occupation thereof, and all moneys paid by him in respect thereof shall be forfeited. Commence· (7.) The lease shall be issued to the successful appli- ment of lea~ e. cant as from the first day of January or first day of July nearest to the date of acceptance of the application for the land. (8.) Save as aforesaid, all the provisions of this Part of this Act so far as the same are applicable, shall apply to a holding under this section and to the lease thereof. E~ sting 16. No mortgage of or charge over any holding : ~ ~ ~ : : ! and which is registered in the Department of Public Lands oharges. and is still in existence and unsatisfied at the date of the surrender of the pastoral lease thereof shall be preju- dicially affected in any way by such surrender, but shall be and continue as a mortgage of or charge over the holding a n,ew lease whereof is issued under this Part of this Act, and every such mortgage and charge shall be so construed accordingly. The Minili'ter shall cause the necessary entries to be made in the proper registers to give due effect to this • section. Right of 17. The lessee of a holding may exercise the right depasturing. of depasturing his stock upon the whole or any specified portion of any land of which such holding originally formed part and which was resumed before the passing of this Act but is not for the time being included in any lease or otherwise disposed of, or upon the whole or any specified portion of any land which may hereafter be resumed from such holding and which is not for the time being included in any lease or otherwise disposed of.

I.A:\" PS. 8323 ]902. PARTIII.- NKW PASTORAL LEASIIlS. ' The rent in respect of the right of depasturing shall in all cases be fixed by the Minister. The Ministpr may at any time before the first day of September in any year give notice to the lessee that the next year's rent in respect of the right of depasturing will be increased by an amount not exceeding twenty-five per centum of the rent then fixed, and the rent shall be increased accordingly. 18. Section two hundred and nine of the Principal Resumption Act shall not apply to any holding under this Part of;;::;!sation. this Act, but the following provisions relating to resump- tions from such holdings shall have effect:- (1.) With respect to any holding the pastoral lease whereof has been surrendered, the Governor in Council, until the date when such lease would have expired if it had not been surrendered, unless he has already exercised the right,. may from time to time resume from such holding any lands not exceeding in the aggregate one- fourth of the area of such holding without compensation for such resumption: Provided that if the surrendered lease was granted under" Thp Crown Lands Acts, 1884 to 1895,"* or under the Principal Act, the right to resume under this sub- section shall not accrue until fifteen years have elapsed from the date on which the term of such surrendered lease commenced. (2.) With respect to holdin~ s included in Class 1., the Governor in Council may, after the date when the pastoral lease of the holding would have expired if it had not been surrendered, from time to time resume from such holding any lands not exceeding in the aggregate one-half of the area actually comprised in such :Qolding at that date without compensation for such resumption. (0.) With respect to holdings included in Olasses 1I., Hr., and IV., the Governor in Oouncil may, after the date when the pastoral lease of the holding would have expired if it had not been surrendered, from time to time resume from such holding any lands not exceeding in the aggre- gate one-fourth of the area actually comprised in such holding at that date without compensation for such resump- tion; or, with respect to any holding included in Classes n. and Ill., if the Governor in Oouncil has not already 48 Vie. No. 28, supra, page 1137; 49 Vie. No. 7, supra, page 1172; 50 Vie. No. 33, supo'a, page 1174; 53 Vie. No. 14, supra, page 3765; 55 Vie. No. 19, .upra, page 4288; 56 Vie. No. 16, supra, page 4642; 58 Vie. No. 25, supra, page 4976; and 59 Vie. No. 31, supra, page 5648.

8324 LANDS. PART Ill.- NEW PASTORAL Land Act. 2 EDW. VII. No. 18. LEASES. exercis~ d the right of resumption contained in subsection one hereof, then such proportion of such holding as will not exceed in the aggregate the area which might be resumed under that subsection and the foregoing provisions of this subsection: Provided that in making any such resumptions an interval of at least two years shall elapse between the making of the resumptions provided for by subsection one and the first of the resumptions firstly provided for by this subsection. (4.) With respect to any other holding under this Part of this Act the Governor in Council may from time to time make the resumptions following, without compensa- tion for any such resumption, that is to say :- If the term of the lease does not exceed fifteen years, lands not exceeding in the aggregate one-fourth of the area of the holding; If such term exceeds fifteen years, but does not exceed thirty-five years, during the first fifteen years lands not exceeding in the aggregate one- fourth 'of the area of the holding, and during the remainder of the term lands not exceeding in the aggregate one-fourth of the area com- prised in the holding at the expiration of the fifteenth year, or, if no lands have been so resumed during the first fifteen years, then during the remainder of the term lands not exceeding in the aggregate one-half of the area of the holding; If such term exceeds thirty-five years, lands not exceeding in the aggregate one-fourth of the area of the holding; If the holding is situated within the limits described in the First Schedule to this Act, lands not exceeding in the aggregate one-half of the area of the holding. (5.) Nothing in the foregoing provisions of this section shall be so construed as to deprive the lessee of his right to be paid any moneys received by the Crown for improve- ments on the land resumed in accordance with the provisions hereinafter contained. (6.) No resumption shall be made under this section except upon the recommendation of the ('ourt; and not- withstanding anything herein before contained, unless in the opinion of the Court it is necessary in the public nterest so to do, no resumption shall be recommended

LANDS. 1902. Land Act. PAIiIT III.- NBW PASTOBAL LIl&SIII8. by it which will have the effect of reducing the area of a holding to less than forty thousand acres. (7.) A notice si~ ned by the Minister must be published in the Gazette, and served on the lessee either personally or by post letter addressed to him at the holding six months at least before the date mentioned in such notice as the date at which the resumption will take effect. (8.) In making a resumption the following rules are to be observed :- (i.) The whole resumed part shall be in one block, and when practicable' shall be separated from the remainder of the holding by one straight line, ap-d at least one-fourth of the external boundaries shall coincide with the original boundaries of the holding. But this rule may be departed from, if the lessee agrees, or if it appears to the Court to be necessary in the public interest so to do. (ii.) The average qualities and capabilities of the resumed part are to be as far as practicable the same as the average qualities and capabilities of the whole holding. (Hi.) In cases where the qualities and capabilities of different parts of a holding are unequal, an allowance may be made in area, and the pro- portion to be included in the resumed part may be increased or diminished accordingly, so as to make the relative values of the resumed part and the remainder of the holding bear the relative proportions hereinbefore prescribed as nearly as may be. (iv.) Unless the lessee otherwise agrees, or the Court determines that the resumption cannot other- wise effectively be made for the purposes required, the part or parts which may be resumed under this section shall not comprise the head station or the principal woolshed washpool or reservoir upon the holding. 19. The Governor in Council may from time to time, Power to by notification in the Gazette, resume any part or parts ~ esum~ : ndlf of any holding under this Part of this Act for township p~ ~ ~ ses~ reserves, or for any of the purposes referred to in .section one hundred and ninety of the Principal Act, other than for purposes of closer settlement, without compensation for such resumption, except for improvements on the land resumed. G-

8326· LANDS. PART IH.- NEW PASTORAL LEASES. Land Act. 2 Enw. VII. No. 18, Payment for improve- 20. (1.) Notwithstandin,g anything contained in the ments. Principal Act, upon the expiration of the term of any lease or the determination of any right of depasturing or upon any reservation or resumption from a holding, the following provisions shall have effect;- (2.) If the land upon which any improvements are situated is reserved or set apart for any public purpose, the late lessee or holder of the depasturing right shall be entitled to receive from the Crown the value of such improvements as determ:i,ned by the Court. (3.) In all other cases, any moneys received by the Crown for improvements situated upon the land shall be paid to the late lessee or holder of the depasturing right, less the costs, of and incidental to the recovery thereof incurred by the Crown, and less all moneys d~ e to the Crown by such lessee or holder, and he shall not be entitled to any further i or other payment on account thereof or to compensation in respect of any of the matters referred to in section one hundred and five of " The Orown Lands Act of 1884"* as amended by subsequent Acts or in section two hundred and eleven of the Principal Act. (4.) It shall not be incumbent upon the Crown to enforce payment for such improvements or to protect the improvements or interests of the late lessee or holder. (5.) Until the late lessee or holder receives payment for such improvements he may continue to occupy against all persons (other than the Crown), and use for grazing purposes, the land on which the improvements are situated at a rent to be fixed by the Minister, and may protect, repair, and keep up the value of the improvements. (6.) And, without prejudice to the foregoing pro- visions, the late lessee or holder shall be entitled to recover, in any court of competent jurisdiction, from the incoming or next lessee, selector, or occupier (other than a pur- chaser in .fee-simple) of the land upon which any such improvements are situated, and the latter person shall be under obligation to pay to him, the value of those improve- ments as at the date of such land being re-leased, selected, or occupied. In the case of sales of any such land by the Crown the provisions of Subdivision I. of Part VI. of the Principal Act with respect to payment for improvements situated thereon shall be applicable. . * 48 Vie. No. 28, supra, page 1137.

LANDS. 8327 1902. Land Act. PART III.- NEW PASTORAL LEASES. 21. The holder of any pastoral lease may make a Right to select request in writinoO' to the Minister that upon the ex • p • iration l e a x n p ~ l s rauItOponn0 f of the term of such lease any specified area, consIStmg of lease. lands comprised therein or of lands resumed therefrom and not selected or otherwise disposed of, shall be declared open for selection. The former holder of any pastoral lease may make like request with respect to any lands formerly comprised therein or resumed therefl'om and not selected or otherwise disposed of. Every such request shall be referred to the Oourt for its report thereon. If the Court reports that no objection exists against the granting of such request, the Oourt shall also report as ·to the tenure upon which such lands ought to be select8d, and the lalil.ds shall in due course be declared open for selection upon such tenure. If at or before the time appointed for the opening of the land to selection an application for a selection is lodged at the Land Agent.'s office by such holder or former holder, such application shall be entitled to priority over all other applications. It shall not be competent for such applicant to select under this section a larger area than the area allo wed by law to he selected in respect of land of the same tenure in the same District by anyone person at the date of his application. All land selected under this section shall be subject to the laws in force relating to lands of the same tenure in the same District at the date of applieation. 22. All lands which are subject to a right of Lands subject depasturing under this Part of this Act shall be deemed to ~ o the/i~ ht of be Orown lands within the meaning thereof and of the epas urmg. Principal Act. . 23. The Governor in Oouncil may from time to time Regulations. make Regulations for carrying into effect the provisions of this Part of this Act: Provided that the Regulations for the time being in force under the Principal Act, which are applicable to a lessee or holding under Part Ill. of that Act shall, so far as the same are not inconsistent with this Part of this Act, and until the same are varied by Regulations hereunder, be applicable to a lessee or holding under this Part of this Act.

8328 PART IV.- SELECTION~ . LANDS. Land Act. 2 EDW. VII. No. IS, PART IV.-SELECTIONS. Amendment 24. In subsection one of section seventyl-eight of the of 8. 78. Principal Act the words "require the Survey~r- General to divide the land into portions and to indicate the position of such portions" are repealed, and the words "cause the land to be divided into portions and the position of such portions to be indicated" are inserted in lieu thereof. The following words are added to subsection three of the said section: "under the direction of the Minister with proper roads and reserves for public purposes wherever necessary. " Amendment 25. Subsections two and three of section five of Nofo. 5285V, i s e . . 5. "The Crown Lands Act of 1894"* shall be read and construed as if for the period "ten years" therein men- tioned the period" five years" were respectively inserted. • Amendment 26. In section eighty-five of the Principal Act, the of s. 85. words "of Her Majesty within the meaning of 'The ElectionsAct of 1885,' "t are repealed, and the following words are inserted in lieu thereof: "(that is to say-A person who has been naturalised in England or Queens- land, or in any State to which the Act of the :Federal Council of Australasia, intituled 'The Australasian Naturalisation Act, 1897,'t extends." 27. After the said section eighty-five, the following provision is inserted :- Single girls [85A.J An unmarried female under the age of twenty- may not one years shall not be competent to apply for any land as hseolledctc, ieorntsa. in an Agricultural Homestead or Grazing Homestead, or to acquire any such selection, unless she becomes entitled thereto as the legatee, executrix, or one of the next-of-kin of a deceased selector. Amendment 28. At the beginning of section eighty-six of the of B.86. Principal Act the words "Save as is hereinafter provided" are inserted. The following proviso is added to the section:- Provided further that a married woman shall be competent to acquire and hold a Grazing Homestead after the expiration of the first five years of .the term of the lease thereof. Amendment 29. In section eighty-eight of the Principal Act the of B. 88. words" (not exceeding the several maximum areas herein- before prescribed)" are repealed. .. 58 Vic. No. 25, supra, page 4976. t49 Vie. No. 13 (reprinted with amendments), supra, page 7493. ::: 60 Vic. No. 1, supra, page 6169.

• 1902. LANDS. Land Act. 8329 PART IV.- SELECTIONS. 30. After section ninety of the Principal Act, the following provision is inserted:- [90A.] ~ otwithstanding the provisions of subsection Maximum three of section eighty or of the two last preceding sections, ~ ; : : f: t but subject nevertheless to the provisions of subsection two : : ; elec~ ions of section seventy-nine and section eighty-eight of this Act, ~ na~ en~ ! ' tnd any person may apply for and hold in any District or in Queensland a Grazing Selection or Selections of an area or aggregate area exceeding twenty thousand acres if the total amount of rent according to the rental stated in the Proclamation or several Proclamations, as the case may be, relating to the land or the several portions thereof, or if the amount payable by reason of any reduction by the Court below the rental stated in the Proclamation or Proclamations, does not exceed two hundred pounds per annum: Provided that no selector shall hold more than sixty thousand acres, and provided further that, except on the recommendation of the Court, no land shall be opened for selection in areas exceeding twenty thousand acres, and the Court shall, before making such recommendation, take into consideration the probable demand for land for pur- poses of settlement, the proximity of any railway, the natural or artesian water supply, and any other matters which in its opinion will make the land desirable for closer settlement. The fact that by reason of any tender lodged upon making application for such land or any portion thereof the total amount of rent payable by the selector is greater than the annual sum aforesaid, or that subsequently to his acquiring any of such land the Court has so increased the rent of the whole or any portion thereof that the total amount of rent payable by him becomes greater than the annual sum aforesaid, shall not in any way affect the validity of any application for any of such land or the title or tenure of any of the land then held by the selector. 31 The following words are added to the fourth Amendment paragraph of section ninety-three of the Principal Act: of s. 93. "and the burden of proof that an application is.made in good faith shall in all cases rest upon the applicant." 32. The following provision is added to section one Amendment hundred and two of the Principal Act:- ofs.102. The selector of an Agricultural Homestead upon which ring-barking has been done by the former lessee} shall be liable to pay the value of such ringbarking, and to' that

8330 LANDS. PART IV.- ~ ELE( JTIONS. Land Act. 2 Bow. VII. No. 18, ~ ~ ~ ~ ~ ~ - - - - - - ~ ~ - - - ~ - - - - extent ringbarking shall be deemed to be an improvement within the meaning of this section. 33. After section one hundred and eight of the Principal Act, the following section is inserted :- Exemption [108A.] The Minister may grant to the selector of any ! ~ : ~ ition as Grazing "Selection wholly or partly situated within any torabbit-proof District now or hereafter constituted under " The Rabbit ~ ~ ~ ! f; gon Boards Act, 1896,"* exemption either entirely or partially, Selection. and for such period as he thinks fit, from the performance of any condition imposed that the selection shall be enclosed with a fence of such character as to prevent the passage of rabbits; but such exemption may at any time be varied or wholly withdrawn by the Minister, and shall not in any way prejudice the right of the Crown to the performance of such condition upon the varying or withdrawal of or upon the expiration of the exemption. Amendment 34. In the second paragraph of section one hundred of s. 116. and sixteen of the Principal Act the words " an extension of not more than two years' further time" are repealed, and the words "such extension of time as it thinks proper" are inserted in lieu thereof. Amendment 35. In section one hundred and eighteen of the of s. 118. Principal Act the words " for a period not exceeding one year in any two years" are repealed, and the words "for such period as the Court thinks proper" are inserted in lieu thereof. Repeal of 36. Section one hundred and twenty-three of the 8.123. Principal Act is repealed, and the following section is inserted: ~ Conditi,:m of [123.J When the selector of an Agricultural Home- oAc.cgurpicautIlOtunraolf S tead personalylr·eSdI es upon any I and owned by h· lm I.n Homestead fee-simple contiguous to such Homestead, such Iresidence ; e~ o~ : ' ed by shall be equivalent to the residence of the selector upon resi~ ence on the Homestead, and shall confer on him the same rights ~ : : ~ ~ ~ ~ ~ s in respect of the Homestead as his residence on the Home- stead itself would have conferred. 37. After section one hundred and twenty-three of the Principal Act, the following section is inserted :~ Privilege of [123A.] If the same person is the selector of two or ~ ~ : ~ ~ : two more Grazing Selections, each of which is at a distance neig~bouring not exceeding fifteen miles from each of the others, the ~ ~ : ~ ~ ~ !ns. residence of the selector upon one of the selections shall be equivalent to his residence upon each of the selections. <I< 60 Vie. No. 34, supra, page 6071. •

1902. LANDS. Land Act. 8331 PART IV.- RELECTIONS. 38. The second paragraph of section one hundred and A.;nendment twenty-seven of the Principal Act is repealed. 01 s. 127. ' 39 In section one hundred and thirty-three of the Amendment Princip~l Act, the words" within two years ·after the com- of s. 133, mencement of this Act, or, if the lease has not been issued before the commencement of this Act, then within two years after the issue of the lease," are repealed, and the words "at any time" are inserted in lieu thereof. In subsection two of the said section the words "to be ascertained as hereby provided" are repealed, and the words "of twenty years" are inserted in lieu thereof. Subsection five of the said section is repealed. 40. (1.) After section ninety-five of the Principal Act, the following provision is inserted :- [95A,] With respect to applications for Agricultural Applicants Farms, an applicant, other than a married woman or an ~~icultural unmarried female under the age of twenty-one years, who Farms who m. makm' g hI' S appll' cat'IOn dec 1 ares I . n wrl' tI' ng that he under- ruensdideertafkoer tfiove "takes to continuously and bona fide occupy the land by ye~ rs" have personally residing thereon during the first :five years of the prIOrIty. term of the lease shall be entitled to priority, (2.) After subsection five of section one hundred and Amendment thirty-two of the Principal Act, the following provision is of s. 132. inserted :- (OA,) The condition of occupation to be performed by As to . every lessee who has obtained priority by undertaking to ~ ~ fe~ 1~ ! ~ 0! h? continuously and bona fide occupy the land during the first ha:ve .obtained five years of the term of the lease shall be performed by ~~ J~~ ~k~ :g the continuous and bona fide personal residence of the to I?ersonally lessee on the land during such period: reSIde. Provided that, if the original lessee dies before the expiration of such period, the condition of occupation may be performed by the continuous and bona fide residence on the land for the remainder of such period of some person beneficially interested in the land under the will, or as one of the next-of-kin, or as the widow of the original lessee, or of some other person who is the actual and bona fide manager or agent of some person so interested for the pur- pose of the use and occupation of the land, and whose appointment is made and registered in manner hereinbefore prescribed, whether such other person is or is not himself qualified to select similar land: Provided further that if the original lessee becomes insane before the expiration of such period, the Oourt may allow the condition of occupation to be performed by the

8332 PART IV.- SELEOTIONR. LANDS. Land Act. 2 EDW. VII. No. 18, continuous and bond fide residence upon the land of the wife or some other member of the family of such lessee, or of some other person who is the actual and bond fide manager or agent of his wife or other member of his family, and whose appointment is made and registered in manner hereinbefore prescribed, whether such other person is or is not himself qualified to select similar land. If at any time during such period it is proved to the satisfaction of the Commissioner that there has been a failure to perform the condition of occul)ation, the Minister may (subject to the provisions in respect of forfeiture hereinbefore contained), by notification in the Gazette, declare the lease absolutely forfeited and vacated; and thereupon the selection shali revert to the Crown. The lessee shall not during such period mortgage:, assign, or transfer the lease or his right, title, or interest thereunder to any other person. Upon any such mortgage, assignment, or transfer, whether by operation of law or otherwise (except in case of the insanity of the lessee), the lease shall be forfeited; and thereupon the selection shall. revert to the Crown. Nothing herein shall be deemed to relieve the lessee from the condition of occupation prescribed in the last preceding suhsection after the expiration of such period of five years. Amendment ()t s. 162. (3.) 'l'he following provision is added to subsection one of section one hundred and sixty-two of the Principal Act:- No lessee of an Agricultural l!'arm who has obtained priority by undertaking to personally reside thereon during the first five years of the term of the lease thereof shall be entitled to t~ ke advantage of the provisions of this sub- section until such period of five years has expired. 41. After section one hundred and thirtv-six of the Principal Act, the following sections are insert~ d:- Oorwersion ~ f Selection Tenures. Conversion of Agricultural [186A.] Any lessee of an Agricultural :Farm selected Farm into under this Act or under the. repealed Acts, other than a GFarramzi.ng farm situated within the limits described in the Third Schedule to "The LandAct, 1902," may, at any time before the first day of January, one thousand nine hundred and four, surrender the lease, and shall, upon such sur- render, be entitled to a lease of the land as a Grazing Farm under this Act. The term of the new lease shall be fixed

1902. LANDS. Land Act. 8333 PART IV.- SELECTIONS; by the Court, and shall not be less than twenty-one years nor more than forty-two years, and shall be deemed to commence from the first day of January or the first day of July nearest to the date of surrender, and the rent for the first and every subsequent period of the term shall be determined by the Court: Provided that the provisions of this section shall be extended to any Agricultural Farm situated within the limits aforesaid if the Court upon a reference by the Minister in that behalf certifies to the Minister that in its opinion such provision should be so extended, but no lease granted by virtue of this proviso shall be for a longer term than twenty-one years. [136B.J" At any tiine before the first day of January, Conv~rsion of one thousand nine hundred and four, the lessee of any ~ efe: ~ ~ ! n Grazing Selection containing not more than one thousand into. two hundred and eighty acres held under this Act or under :!rr:; :~tura.l any of the repealed Acts may surrender the lease, and shall upon such surrender be entitled to a lease of the land as an Agricultural 1! -' ~ trm at a rent and purchasing price to be determined by the Court. 42. Sections one hundred and forty, one hundred and Repeal of r4rf41. forty-two, one hundred and forty-three, and one hundred 42, and forty-four of the Principal Act are repealed, and the ' following section is inserted in lieu of the secondly men- tioned section :- [142.J No person who has acquired a grant in his own Restriction on r A i l g z h. en t a o t f z . o a n H A om ct es o t j ea 1 d 8 S 7 e 6 l , e " c * tioonr uanndyerof" T th h e e A Cr c o t w s n t~ L er a e n bY d i s n oa c cf e q r Hu t io a rme i m n esetnetad repealed, or of an Agricultural Farm under section cases. seventy-four of "The CrownLandsActof1884,"t or of an allotment under section eight of "The Oo-operative Communities .Land Settlement Act of 1893 Amendment Act of 1895,"t shall be competent to apply for or to acquire in his own right an agricultural Homestead of an area which, with the area of the said Homestead Selection or Agricultural Farm or allotment, would exceed three hundred and twenty acres. 43. In subsection two of section one hundred and Amendment forty-nine of the Principal Act, the words" Provided that of s. 149. the annual rent for each period after the first period shall not be less than the annual rent payable for the last preceding period, and shall not exceed the annual .rent • 40 Vic. No. 15, Cooper's Statutes, page 695. t 48 Vip.. No. 28, .... pra, page 1137. :t 59 Vie. No. 22, supra, page 5641.

8334 PART IV.- SELECTIONS. LANDS. Land Act. 2 Enw. VII. No. 18, payable for that period by more than one-half of the annual rent payable for that period," are repealed. Extension of leases of 44. (1.) At any time hefore the first day of January~ SGerlaezcitn.igons. one thousand nine hundred and four, the lessee of any Grazing Selection held under the Principal Act or under the Acts thereby repealed under a lease which commenced on or before the first day of July, one thousand nine hundred and two, may make a request in writing to the Minister for an extension of the term of such lease. Every such request shall be referred to the Oourt for its report thereon. If the Oourt reports that the land is not" likely to be required for agricultural farm or dairy farm settlement, the Court shall recommend the extension of such lease to be granted, but not less than for a period of ten years nor longer than for a period of thirty years; and the lessee shall thereupon become entitled to such extension for the period so recommended: Provided that in no case shall· such an extension be granted as would with the unexpired part of the term of the existing lease exceed forty-two years : [Schedule Ill.] Provided further that no extension of lease, under this section, of any Grazing Selection situated within the limits described in the Third Schedule to this Act shall be for a longer period than ten years, nor shall such an extension be granted as would with the unexpired part of the term of the existing lease exceed thirty years. Resumptions. (2.) At any time during the extended period of t'ouch lease the Governor in Oouncil may, by notification in the Gazette, resume from the selection such al'eas thereof as in his opinion may be required for township or mining reserves or for any of the purposes referred to in section one hundred and ninety of the Principal Act without any compensation except for improvements on the areas resumed. (3.) At any time during the extended period of the lease of any selection which is situated not more than fifteen miles from any railway, the Governor in Oouncil may, on the recommendation of the Oourt, resume from such selection any lands not exceeding in the aggregate one-fourth of the area thereof as may be required for agricultural farm settlement without compensation; pro- vided that, upon any of the lands so resumed being disposed of by the Orown, any money received by the

LANDS. 8335 1902. Land Act. PART IV.- SEJ,EOTIONS. - -- - .~ ~ ~ Orown for improvements thereon shall be paid over to the late lessee. (4.) Every such lease shall be deemed to contain covenants to the effect of the foregoing provisions of this section. 45. Sections one hundred and fifty, one hundred and Repeal of fifty-one, and one hundred and fifty-two of the Principal ~~ l~~ ;/51, Act are repealed. " The Crown Lands Act of 1884"* shall be read and construed as if sections fifty-nine and sixty were omitted therefrom. 46. After section one hundred and forty-nine of the Principal Act, the following section is inserte'd : - [150.J If on the expiration of the lease of a Grazing What lease Selection held under this Act or under the repealed Acts may tb~ the land comprised therein, or any part thereof, is opened ~~ir:tioOnn of for selection under the laws at that date in force dealing ~ ase. of with Crown lands, an application by the late lessee to s~ : ~ ~ i! n. select in terms of the Proclamation declaring such land open for selection any part or parts of such land, or, if the terms of the Proclamation so permit, the whole thereof, shall be entitled to priority over all applications for the same land by other persons which are lodged at the same time or under such laws may be deemed to be lodged at the same time; and every lease of such Grazing Selection heretofore issued or hereafter to be issued shall be deemed to contain a covenant to the foregoing effect. 47. (1.) Notwithstanding anything to the contrary Relief to contained in the Principal Act or any Act thereby repealed, selectors . the following provisions shall be applicable to lessees of : r~ : : s~ ent In Agricultural Farms (other than farms subject to "The Agricultural Lands Purchase Acts, 1894 to 1901"t) and Grazing Selections held under any of such Acts who at the passing of this Act have made default in the payment of rent under their respective leases, and who before the first day of January, one thousand nine hundred and four, give notice to the Minister of their intention to take advantage of the benefit of this section. (2.) The passing of this Act shall operate as a waiver of forfeiture with respect to every such lease, but so far only as the nonpayment of rent is concerned. " 48 Vie. No. 28, supra, page 1137. t 58 Vie. No. 27, supra, page 4988; 61 Vie. No. 13, supra, page 6223; 1 Edw. VII. No. 9, supra, page 8133.

8336 PART IV.- SELEOTIONS. L.\NDS. -------------------- ------- Land Act. 2 Enw. VII. No. 18, - --- - - - - ~ - ~- - - - - - - - - - (3.) No sum hy way of penalty shall be added to the rent in arrear or be payable by the lessee, but the amount of rent in arrear shall bear simple interest at the rate of four pounds per centum per annum from the thirty-first day of March in the year when the same became payable until the thirty-first day of March, one thousand nine hundred and three (or if such rent is sooner paid then until the date of payment), and such interest shall be added to and he deemed to be i)art of the rent in arrear. . (4.) 'rhe total amount of rent in arrear on that date, inclusive of interest as aforesaid, is hereinafter referred to as "the rent in arrear," and shall be payable as follows:- (5.) If on that date the rent has heen in arrear for one year only, the same shall be paid in four yearly instal- ments at the rate of twenty-seven I)ounds eleven shillings per annum for everyone hundred pounds of the rent ~n arrear. (6.) If on that date any part of the rent has been in arrear for two years hut not'longer, the same shall be paid in seven yearly instalments at the rate of sixteen pounds thirteen shillings and three pence per annum for every one hundred pounds of the rent in arrear. (7.) If on that date any part of the rent has been in arrear for three years but not longer, the same shall be paid in nine yearly instalments at the rate of thirteen pounds nine shillings per annum for everyone hundred pounds of therent in arrear. (8.) If on that date any l)art of the rent has been in arrear for four years or longer, the same shall be paid in ten yearly instalments at the rate of twelve pounds six shillings and seven pence for everyone hundred pounds of the rent in arrear. (9.) In each of the above cases the first yearly instal- ment of the rent in arrear shall be payable not later than the thirty-first day of March, one thousand nine hundred and four. (10.) If default is made by the lessee in the payment of any instalment of the rent in arrear, the same conse- quences shall ensue as upon a d.efault made by him in the payment of rent under the Princil)al Act or the Acts thereby repealed, as the case may be. (11.) Nothing in this section shall be construed to have the effect of a waiver of the right of the Crown to pa,yment of rent accruing due and payable on the thirty- first day of March, one thousand nine hundred and three:

1902. LANDS. Land Act. 8337 PART IV.- SELEOTIONS. Provided that the Governor in Council may, by £roclamation in the Gazette, declare that the provisions of this section shall extend to the rent so accruing due and payable on the date aforesaid; and in that case such rent shall be added to and be deemed to be part of the rent already in arrear (if any), and shall be payable as rent in arrear by instalments in accordance with the provisions herein prescribed. (12.) If the GovernOl; in Council is satisfied that owing to the continuance of drought it is necessary that the date fixed by subsection nine hereof for the commence- ment of the payment of instalments of the rent in arrear should be postponed, he may postpone such date to the thirty-first day of March in such year as he thinks proper. to fix. And thereupon subsections three and eleven hereof shall be read and construed as if, in lieu of the year one thousand nine hundred and three therein mentioned, the year immediately preceding the year so fixed by the Governor in Council were referred to. 48. (1.) At any time before the first day of July, one Revision of thQusand nine hundred and three, the lessee or licensee of ~ : : : i~ f any Grazing Selection held under the Principal Act, or Selecti!ns. under the Acts thereby repealed, who, by himself or his predecessor in title, has been in possession of the selection for at least three years, may give notice in writing to the Minister and to the Court that he requires the. rent for the current period of the term of the lease to be determined afresh by the Court. (2.) Such rent shall be determined accordingly by the Court constituted by the three members thereof sitting together, and the decision of the Court in the matter shall be final and conclusive, and, notwithstanding anything to the contrary contained in the Principal Act, the rent so determined shall be the rent payable during the current period of the term of the lease as from the first day of January, one thousand nine hundred and three, and also, if the Minister and the lessee so agree and the Court so decides, during the next subsequent period of the term. (3.) When the rent is to be determined afresh by the Court, the lessee shall, until it is so determined, continue to pay at the prescribed time and place the same amount of rent as theretofore; and when the amount of rent is so determined by the Court, the lessee shall, on the next thirty-first day of March, pay at the prescribed place any arrears of rent found due by him at the rate so det~ l' mined,

8338 PART IV.- Sil:LEOTIONS. LANDS. Land Act. 2 Enw. VII. No. 18, so as to adjust the balance due to the Crown; and' any excess of payment by the lessee shall be credited to him in payment of rent which may subsequently become due in respect of the holding'. Amendment 49. The following provision is added to section ninety- of s. 92. two of the Principal Act : - For the purpbse of enforcing the payment of survey fees, all such fees shall be deemed to be rent. SPAermilececkntlidyomnPsee. natr the d 5 ef 0 in . it(i1o.n) oIfn " sUenctcioonndfiotiuornaolf StehleecPtiroinn" cipthael Afoclltowafitnegr of s. 4. definition is inserted:- Prickly Pear. Selection. " Prickly Pear Selection"-Land held as a Prickly Pear Infested Selection or as a Prickly Pear Frontage Selection under Part IV. of this Act. Amendment (2.) The following subsection is added to section eighty of s. 80. of the Principal Act:- (6.) In the- case of land which may be selected as a Prickly Pear Selection, exceed five thousand acres; , Amendment (3.) In the last paragraph of section eighty-five of the of s. 85. Principal Act, after the words" Unconditional Selection," the words " or as a Prickly Pear Selection" are inserted. The following provision is added to the said section : - Provided that a person who is not a natural born or naturalised subject as aforesaid shall not be competent to apply for or acquire an Unconditional Selection or a Prickly Pear Selection. Amendment (4.) The following provision is added to section eighty- of s. 89. nine of the Principal Act : - This section shall not apply to Prickly Pear Selections. Amendment (5.) In section two hundred and fifty of the Principal of s. 250. Act, after the words "leases under this Act" the words " leases in respect of Prickly Pear Selections under Part IV. hereof" are inserted. (6.) After section one hUndred and sixty-two of the Principal Act, the following sections comprised in the sub- division mentioned are inserted :- Classes of Prickly Pear Selections. Subdivision' VII.-Prickly Pear Selections. [162A.] Prickly Pear Selections shall be of two classes, namely:- (a) Prickly. Pear Infested Selections; (b) Prickly Pear Frontage Selections.

1902. LANDS. Land Act. 8339 PART IV.- SELBOTIONS. [162:8.] Any country lands which are entirely or What lands heavily i~ fested ~ th prickly pear may be p~ oclaimed open : ~ l~ ~ ed as for selectIOn as PrIckly Pear Infested SelectIOns. Prickly Pear Infested Selections. [1620.] (1.) The Governor in Council may from time Prickly Pear to time by Proclamation in the Gazette declare any ~ ontage country lands which are themselves entirely free from b:: ~~~ ed. prickly pear, or which are only slightly infested with prickly pear, but which adjoin lands entirely or heavily infested with prickly pear, to be a Prickly Pear Frontage Area for the purposes of this ,Act: Provided that such area shall in no case extend for a distance of more than two miles from the land which is entirely or heavily infested with prickly pear as aforesaid. (2·.) Any lands situated in a Prickly Pear Frontage Land in area Area may be pr.oclaimed open for selection as Prickly Pear : ~ ~ med as Frontage SelectIOns. Prickly Pear Frontage Selections. [162D.] Subject to the provisions affecting the priority Priority to of applicants contained in section ninety-five of this Act, applicanht who any person ma k m · g an applica t I ' On t 0 s I e e t c 1 an d as a P n . ckly mhiagkheesstt e Pear Selection may, in accordance with Regulations in that tender. behalf, when making such application, lodge ina closed envelope a tender for the selection, specifying a purchasing price per acre to be payable by him higher than the purchasing price per acre specified in the Proclamation; but the purchasing price per acre, specified in any tender, shall not comprise any fractional part of a penny. If two or more applications to select the same land are lodg~ d at the same time, the Commissioner or Land Agent shall forthwith open such tenders as may have been lodged as aforesaid-; and the applicant who has lodged the highest tender for the land shall, at the time appointed for considering the applications, be declared to be the successful applicant. If two or more applicants have specified the same amount in their respective tenders and no other applicants have specified any higher amount, the right of priority as between such applicants shall be determined by lot in the manner prescribed by Regulations in that behalf. The purchasing price payable by the selector shall be the amount so specified by him in his tender, instead of the purchasing price specified in the Proclamation. When the Court has approved of the application, notice of such approval shall be given to the applicant, and the

8340 FART IV.- SELECTIONS. LANDS. Land Act. 2 Enw. VII. No. 18, As to Infested Selections. As to Frontage Selections. applicant shall be entitled to a lease of the land from the Crown. [162Kl (1.) The term of the lease of a Prickly Pear Infested Selection shall he fifteen years, computed from the first day of January or the first day of July nearest to the date of the approval. Every such lease shall reserve a peppercorn rent during the first ten years of the term, and du:ring the last five years of the term an annual rent per acre of one-fifth of the purchasing price of the land. During each year of the first ten years of the term the lessee shall effectually eradicate one-tenth of the prickly pear upon the selection, so that at the expiration of the tenth year the land shall be absolutely cleared of prickly pear, and shall during the whole period of fifteen years keep absolutely clear of prickly pear every part of the selection from which the prickly pear has been previously eradicated. If it is proved to the satisfaction of the Commissioner that the lessee has in any year failed to perform the condi~ tion hereby imposed upon him, the Minister may (subject to the provisions in respect of forfeiture hereinbefore con- tained) declare the lease absolutely forfeited and vacated; and thereupon the selection shall revert to thc Crown. (2.) The term of the lease of a Prickly Pear Frontage Selection shall be ten years, computed from the first day of January or the first day of July nearest to the date of the approval. Every such lease shall reserve a peppercorn rent during the first five years of the term, and during the last five years of the term an annual rent per acre of one-fifth of the purchasing price of the land. During each year of the first five years of the term the lessee shall effectually eradicate one-fifth of the prickly pear upon the selection, so that at the expiration of the fifth year the land shall be absolutely cleared of prickly pear, and shall during the whole period of ten years keep absolutely clear of prickly pear every part of the selection from which the prickly pear has been previously eradicated. If it is proved to the satisfaction of the Commissioner that the lessee has in any year failed to perform the condi- tion hereby imposed upon him, the Minister may (subject to the provisions in respect of forfeiture hereinbefore con- tained) declare the lease absolutely forfeited and vacated; and. thereupon the selection shall revert to the Crown.

19('2. Lana Act. SBn PART-IV.- SELEOTION8. [162F.] The selector, or (in' case of the death of the Fee-simple selector) the executor or administrator of the selector, or: iui~ ~ . '(in case of the insanity of the selector) the committee of the selector, may, at any time within six months after the expiration of the lease of a Prickly Pear Selection, make application to the Commissioner in open court for a certi- ficate that the conditions. of the lease have been duly performed. If the Commissioner refuses to give the certificate, the applicant may, within the prescribed time, appeal to the Court from the decision of the Commissioner, and if the appeal is allowed the Commissioner shall give the certi- ficate. Any applicant who obtains such certificate as aforesaid shall be entitled to a deed of grant of the land in fee- simple upon payment at the Treasury, in Brisbane, or other place appointed by the Governor in Council, of the deed fee and assurance fee. If the selector or such other person as aforesaid has not, within six: months after the expiration of the term of the lease, become entitled to such grant, the selection shall be forfeited and shall revert to the Crown. [162G.] The holder of any Selection acquired prior to Specia} the first day of January, one thousand nine hundred andr: ~ : ~ ! 8as three, which is entirely or heavily infested with prickly existing pear may apply to the Minister to fix the purchasing price ~ : r: C~ ion8. of the land as a Prickly Pear Infested :Selection under this Act, and if the Minister approves of the application he shall fix the purchasing price, and upon such price being fixed the holder may forth with surrender his existing lease and receive instead thereof a lease of the whole of the land as a Prickly Pear Infested Selection, notwithstanding that the area exceeds five thousand acres. ~'he lease of the selection shall be dated as of the date on which the term of the surrendered lease began to run. PART V.-MISCELLANEOUS' PROVISIONS. PARTV.- MISC~L- 51. The following words are added to subsection P~: r.~ ~~; B. eight of section one hundred and sixty-four of the Principal Amendment Act: "or be reserved under section nineteen or section one of 8. 164. hundred and ninety of this Act, or be leased or sold under this Act." 1 n subsection nine of the said section, after the word " selected," the words "leased, reserved, or. sold" are inserted. H

J 8342 LANDS. PARTV.- . MISCEL- LANEOUS PROVISIONS. LMtdAct. 2 EDW. VII. No. 18, - - - - - - - - ~ - .. - - - - - - - - - - - - - - - - - Aoanfmdses1.n71d77m. 6e. nt the P 5 r 2 i . nc ( i l p . a ) l IAn cstectthioen woonredshun" dorneed haunnddsreedvenatnyd- sixfifotyf thousand" are repealed, and the words "five hundred thousand" are inserted in lieu thereof. (2.) In section one hundred and seventy-seven of the Principal Act the words "three hundred and twenty" are repealed, and the words" five thousand one hundred and twenty" are inserted in lieu thereof. . A of ms.en 1 d 81 m . ent Princ 5 ip 3 a . l SAeccttioisn roenpeealhedu, ndanredd thaendfolleoiwghintyg- opnreoviosifonthies inserted in lieu thereof, and the said Act shall be read and -- Rights of mortgagee. construed as if the followin~ section had been a part thereof at the commencement thereof :- [181.] If default is made in the payment of the money secured by memorandum of mortgage according to the tenor thereof, or upon the happening of any event whic~ , according to the terms of the memorandum, entitles the mortgagee so to do, the mortgagee may, whether the memorandum of mortgage was made under this Act or " The Crown, Lands Act oj 1884"*- (a) Enter upon and take and retain possession of the holding, giving notice of such entry to the Minister within thirty days thereafter, but the mortgagee, while in possession of the holding, shall be bound to observe and perform all the covenants and conditions which by this Act the lessee would have been bound to observe and perform if he had continued in possession of the holding; (b) Sell the holding by public auction or private contract after not less than thirty days' notice of the intended sale published in the Gazette and a local newspaper: Provided that no person shall become the purchaser of a holding under this section unless he is qualified to be the lessee of the land under this Act, and the person becoming the purchaser of the holding shall perform all the conditions of this Act or the repealed Acts, as the case may be, required to be performed by the original lessee of the holding. If a mortgagee having entered upon and taken possession of a holding under this section retains possession of the same .for a period of three years, the Court may call upon him to show cause why he should not sell the same, ,., 48 Vie. No. 28, .'I'IL,fwa, page 1137.

LANDS. 8343 1902. PARTV.- Land Act. Mn30EL. LANKOUS - - - - - - - - - - - - - - - - - ~ PROVISIONS. and, if he fails to give just and satisfactory reasons why the same should not be sold, may order him, within such time as the Court directs, to sell the same, and, if the mortgagee fails or neglects to obey such order according to its tenor, may order the Commissioner forthwith to cause the same to be sold, and to hold the proceeds of such sale, after deducting expenses, for the benefit of the persons entitled to the same. 54 In section one hundred and eighty-nine of the Amendment Principal Act, the words" which may be required for any of s. 189. public purpose" are repealed. 55. In section two hundred and twenty-one of the Amendment Principa1 .A ct, the words "the yearly rent of one shilling of 8. 221. '. per annum for every acre or part of an acre of the land comprised therein" are repealed, and the words" a yearly rent to be fixed by the Minister" are inserted in lieu thereof. • 56. (1.) In section two hundred and twenty-four of Amendment the Principal Act the words "are issued "arerepealed, of s. 224. and the words "have heretofore been issued or shall hereafter be issued" are inserted in lieu thereof; after the words "resume possession" the words "llQ.der this Act" are inserted. ffhe following provisions are added to the said section:- The area specified in such reservation, and any land required in exce8S of such area, may be res-umed subject to the following provisions :- '\ ", ~ (i.) A notice signed by the Minister shall be published in the GazeUeand a local newspaper, and served on the owner or lessee or licensee personally or by post letter addre~ sed to him at the land, and the resumption shall take effect two months after the date of such service; (ii.) The owner or lessee or licensee; shall, before the date when the resumption'takes effect, forward by post letter to the Minister his claim for compensation, and in default thereof sh::.tll be held to make no claim; I; "., (iii.) The amount of the compensation shall be -determined by the Court.. in the manner prescribed in Part n .. of this Act.

8344 LANDS. PARTV.- MISCEL- LANEOUS Land Act. 2 Enw. VII. No. 18, PROVISIONS. - - - - - - - - - - - - - - - - - - - - - - - - - " The Public Works Lands Resumption Acts"* shall not apply to any land resumed under the authority of this section. (2.) 'fhe said section shall be read and construed as if the amendments hereby made were inserted therein at the commencement of the Principal Act. Penalties for 57. Subsection six of section thirty and subsection ~ t; e~ ? ! ~ ~ ; five of section fifty-eight of "The Cr()wn Lands Act of A("ts 01 1884 1884,"t and subsection four of section eleven of "The : ; :u! :~ . l Crown Lands .Act of 1891,"::: shall be read and construed . as if for the words "ten per centum" and "fifteen per centum" therein the words "seven and a-half per centum" and "ten per centum" were respectively inserted. .Appl!cationof 58. For the purpose of extending certain provisions e s e e r e ta l t o ·l n n s t 0 of the Principal Act to lands held under the repealed Acts, repealed Acts. the following amendments are made in the Priilcipal Act, namely:- Section 15. (i.) In section fifteen, after the words "any lease." the words "under the repealed Acts or this Act" are inserted; Section H. (ii.) In section fifty-one, before the words "this Act," where those words last occur in the section, the words "the repealed Acts or" are inserted; Section 52. (ill.) In section fifty-two, before the words "this Act," the words "the repealed Acts or" are inserted; Section 85. (iv.) In section eighty-five, after the words "this Part of this Act," the words" or to acquire any land under the repealed Acts" are inserted; Disqualifica· tions of married wOlllen and (v.) After section eighty-six the following new section is inserted :- l86A.] An infant of the age of sixteen inlants under repealed Act s. years and upwards and a married woman may acquire and hold an Agricultural Farm or Grazing Farm under the repealed Acts. Subject to the provisions of the last pre- ceding section, but not otherwise, a married woman may acquire and hold a Grazing Section 88. Homestead under the repealed Acts; (vi.) In section eighty-eight, after the word "held," the words "in the aggregate under this Act and the repealed Acts" are inserted; • 42 Vic. No. 5, supra, page 2527; and 52 Vic. No. 7, supra, page 2594. t 48 Vic. No. 28, supra, page 1137. :t 55 Vic. No. 19, supra, pag.e 4288.

LANDS. 834.0 1902. Land Act. ~ - --- : - - - - - - - - - -- - -- -- -- - - PARTV.- MlSOEL- LANEOUS PROVISIOI!lS. (vii.) In sections eighty-nine and ninety, after the Sections 89, word "hold," the words "under this Act 90. or the repealed Acts" are respectively inserted ; (viii.) In section one hundred and ten, after thesecti.onuo. words" contiguous selections," the words" held under the repealed Acts or this Act" are inserted; (ix.) In section one hundred and thirteen, the words Section 113. "Any dividing fence erected on or for the advantage of a selection under the provisions of 'The Fencing Act of 1861,' or 'The Fencing A.ct of 1861 Extp1tsion A.ct qf 1897' shall be sufficient to satisfy the conditions of fencing and maintenance 'of fencing respec- tively imposed by this Act," are repealed; and the words "Any dividing fence erected under 'The Fencing Act of 1861,'* or 'The Fencing Act qf 1861 Extension Act of 1897,'t on or for the advantage of a selection held under the repealed Acts or this Act shall be sufficient to satisfy the conditions of fencing and main- tenance of fencing respectively imposed by law" are inserted in lieu thereof; (x.) In section one hundred and seventeen, after Section 11'1. the words" Agricultural Selection," the words " under this Act or an A gricultural Farm under the repealed Acts" are inserted; (xi.) In section one hundred and eighteen, after the Section U8. . words "Grazing Selection," the words "held under this Act or Agricultural Farm or Grazing Selection held .under the repealed Acts" are inserted; In the last paragraph of the said section the words "by this Act" are repealed, and the words " by law" are inserted in lieu thereof; (xii.) The following provision is added to section one Section 119; hundred and nineteen :- For the purposes of this section the term "Agricultural Homestead" includes any Agri- cultural Farm not exceeding one hundred and sixty acres in area held under the repeaJed Acts; (xiii.) In section one hundred and twenty, after theSection.1JO; words "Agricultural Selections," the words *' 25 Vie. No. 12, supra, page 751. t 61 Vie. No. 9, supra, page 6221.

8M6' LANDS. PAUT v. ~ MISCEL· LANEOUS PlNYISIONS. Land Act. 2 EDW. VII. No. 18, " under this Act I)r two or more Agricultural Farms under the repealed Acts" are inserted; Section 121. (xiv.) In section one hundred and twenty-one, after Ill. " ' the words "Agricultural Farm," the words " held under the repealed Acts or this Act" are inserted; Section 122. (xv.) In section one hundred and twenty-two, after the words "two or more selections," the words "under this Act or the repealed Acts" are inserted; Section 124. (xvi.) In section one hundred and twenty-four, after the words "acquiring a' selection," and also after the words "as a selection or selections," the words "under the repealed Acts or this Act" are respectively inserted; Section 125. (xvii.) In section one hundred and twenty-five, after the words" term of a lease," the words "issued under the repealed Acts or this Act" are inserted; Section 126. .cxviii.) In section one hundred and twenty-six, after the word "Act," the words "or under Part IV. of 'The Grown Lands Act of 1884'''* are inserted; Sectioil'127. (xix.) In section one hundred and twenty-seven, aftel' the words "any selection," the words "held under the repealed Acts or this Act" are inserted; Sectibit l l28 (xx.) In section one hundred and twenty-eight, after the words "A lessee," the words "of a selection held under the repealed Acts or" are inserted; Section 129. (xxi.) In section one hundred and twenty-nine, after the words "his selection," the words "held under the repealed Acts or this Act" are inserted; Section 146. (xxii.) The following provision is added to section one • I,. hundred and forty-six :- This section shall extend to Agricultural ,Farms not exceeding one' hundred and sixty "acres in area held under "The Grown Lands Act of 1884 "*; Section 153. (xxiii.) 'Che following provision is added to section one hundred and fifty-three:- no, 'H" .' . ,(7.) For the purposes of this section a , , ," Grazing Selection includes' a Gl1azing Farm - - - - ," , * 48 Vie. No. 28, supra, page 1137. '

LANDS. 8347;1 1902. Land Act. PARTV. ~ " · MISOEL- LANEOUS PROVISIONS., and a Grazing Homestead held under the repealed Acts'; (xxiv.) The following provision is added to section one Seotion 163. hundred and sixty-three:- All Crown lands held under license to occupy granted in pursuance of Part V. of "The Grown Lands .Act of 1884"* shall be deemed to be held under this Part of this Act, and shall be subject in all respects to the pro- visions of this A.ct; (xxv.) In section two hundred and eleven, after the Section 211. words" this Act," the words "or Part Ill. of 'The Grown Lands .Act qf 1884'''* are inserted; and after the word "Homestead," the words "held under this Act or the repealed Acts" are inserted; (xxvi.) In section two hundred and fourteen, after the 8ection 214. words "this Part of this Act" where those words first occur, the words "or Part VIII. of , The Grown Lands Act 0/1884 ' "* are inserted; (xxvii.) In section two hundred and thirty-five, the Section 235. words " under this Act" are repealed, and the words" under any Act relating to the occupa- tion of Orown lands" are inserted in lieu thereof. After the word "licensee" the words " under any such Act" are inserted; (xxviii.) In section two hundred and thirty-six the words Section 236. "under this Act" are repealed, and 'the words " under any Act relating to the occupation of Orown lands" are inserted in lieu thereof; (xxix.) In section two hundred and fifty, after the Section 250. words "this, Act," the words" or the repealed Acts" are inserted. SCHEDULE I. SOHEDULBI. , Co, nmenc~ ng at the confluence ofDogwoodCreekw~th th~ Condamine [Section 7.] and Balonne RIvers, and boundpd thellCe by the Condamme RIver upwards to the most eastern corner of Murilla Holding; thence by the south-fast boundary of that holding south-westerly toCanmaroo Holding, by part of ,the nor,th-east and eastern boundaries of that holding, by the eastern boundaries of the resumed part of Canmaroo Consolidated Run ando~ KOOl;oon and Fairymount Holdings, Portion B of the resumed part of Tallwood Consolidated Run and Newinga Holding, to the boundary between the States of Queensland and New South Wales; thence by " " 48 Vie. No. 28, supra, page 1137.

SommULII:. I. LANDS. Land Act. 2 Enw VII. No. 18, 1902. , that boundary easterly and northerly to Herries Range, by that range and the watershed separating the wateri' of the Condamine River from thotle of the Macintyre Brook IInd Weir River to the most southern corner of Daandine Holding; thence by the eastern boundary of that holdmg and the eastern and north-eastern boundaries of the resumed ]Jart of Daandine Consolidated Run, to the eastern corner of portion :3A, parish of Greenbauk; thence by the north-east boundar·ies of that -portion and portions ~A and lA, same parish; thence by the north-east boundaries of PP. H., Portion lv, and PP. I., and the eastern boundary of portion 101; thence by the north-eastprn boundaries of P.P. m and Portion 1252, parish of MileI', to the Condamine River; thence by that river downwards to thp confluenc'e of Cooranga Creek; thence by that creek upwards to the south-east corner 'Of the resumed part of Cooranga Consolidated Run; tht-nce by the pastern boundaries of that relilumption and of Cooranga Holding north. rly and north- pa~ terly to the Great Dividing Range; tbpnce by that range south-easterly to the watt'rshed separatmg the waters of the Brisbane River from those of the Burnett Rivpr; thpnce by that watershed north-easterly to the western water- shed of the Mary River; thence by that watershed northerly to the north-east corner of Ban Ban Holding; thAnce by the north-eastern boundary of that holding, by the north-ea8tt-rn boundary of the resumed part of Wet heron Consolidated Run, and by the eastern boundary' of Wetheron Holding to the Hut-lIett Hiver, by that river downwards to the south corner of the resumed part of W·alla Consolidated Run; thence by the south-western boundaries of that resumption to the southern watershed of Gin Gin Creek; thence by that watershed westerly'to the western waterllhed of Gin Gln Crt'ek and the Kolan River; thence by that watershed northerly to the northern watershed of Splinter Creek, Three Moon Cret-k, and the Rawbelle River; thence by that watershed westerly to the eastern water"hed of the DaWBon River; thence by that watershed southerly to the Great Dividing Range; thence by that ran~ e south-westerly and westerly to the north-west corD er of Dulacca Holding; thence by the western boundariesof that holding and of Dulacca West and Dulacca South Holdings; by the south-west boundaries of the resumed part (,f Marra Marra Cousolidated RUlI and of Marra Marra Holding and part of the south-past boundary of Marra Marra Holding, the south-west boundaries of the resumed part of Callitris Consolidated Run and Holding and of the resumed part of Moraby Consolidated Run to Dogwood Creek; and thence by that creek downwards to the point of commencement. n. SCHlIDULE [Section 8.J District of SCHEDULE n. Name of Holding To the Minister for Lands. I [or We], the undersigned, being lessee of the holding [or run or consolidatpd holding] known as , in the above District, do hflrpby elect to take advantage of the provisions of "The LandAct, 1902" with respect to such holding and in accordance with the classi- fication thereof made pursuant to the said Act. And I [or we] hereby surrender the pastoral lease held by me [0,. us] ill respect of the said land. Given under hand at this day of 19 A.B. Witness: J.P.

L A.NDS-LOANS. 834!9 2 EDW. VII. No. 20. Treasury Bills Acts 1893 to 1895 Amendmtmf Act. SCHEDULE HI. SOHEI:IULBUI. Commencing at Point Danger, and bounded thence by tbe southern [Section 44.J boundary of the State westerly to the soutb-east corner of Newinga Holding; thence by the eastern boundaries of NewingaHnlding, Portion :B of the rf'sumed part of TaIlwood Consolidated Run, Fairymount and Kooroon Holdings, and of Canmaroo Consolidated Hun, by part of the north-east boundary of Canmaroo Holding, by Murilla Holding north- ~ asterly to the Condamine River, by tbat river downwards to its junction with Dogwood Creek, by that ( ~ reek upwards to the south corner of the resumed part of Moraby Consolidated H.un, by the south-west boundaries of that resumption and of Callitris Consolidated Run, by part of the soutb-east boundary of Marra Marra Holding, the south-west boundaries of Marra Marra Consolidated Run, the western boundaries of l1ulacca. South, Dulacca West, and Dulacca Holdings to the Great Dividing Range, by that range easterly and north-eastf'rly to the eastern watershed 'Of the Dawson Hiver, by that watershed northerly to a point east from the north-east corner of Rannes Holding, by a line west to that corner, by the boundaries of Rannes Holding west, north, and again west to the western watershed of the Dee River, by that watershed and the western watershed of Gogango Creek northerly to the junction of that creek with the Fitzroy River; thence by a line nurth-west to the Coast Range, by that range northerly to a point near Mount Roundhill thirty miles in a direct line from the sea-coast; thence by a line parallel to the sea-coast and at a distance of thirty miles therefrom to the 138 dt'grees meridian of east longitude, being the west boundary of the State; and thence by that boundary to the sea-coast, and by the sea-coast to the point of commence- ment. LOANS. Treasury Bills Acts 1893 to 1895 Act of 1902 Treasury Bills .dct of 1902 Government Loan AGt of 1902 Amendment 2 Edw. FII. No. 20. 2 Edw. VII. No. 26. 2 Edw. VII. No. 27. An Aot to Amend "Tthoe1T89re5a . " sury Bills Aots, 1893 2 E N n T o w H . . 2 II V 0. II. 'rRBASUBY [ ASSENTED 1'0 . 26TH DECEM"BER , 19 . 02 ] 18 B 9 I 3 LLS TO Ac 18 rs 95 W HEREAS by an Act passed in the fifty-sixth year A~ ~: ~ . of the reign of Her late Majesty Queen Victoria Preamble. numbered thirty.six and intituled "The Treasury Bills .Act of 1893"* authority was given to the Governor in Council to raise by the issue of Treasury Bills a sum of money not exceeding one million pounds for the purpose of securing the retirement of notes issued from time to time under the authority of "The Treasury Notes. Act of. 1893" :t And whereas Treasury Bills to the said amount of one million pounds were issued for such p~ rpose accordingly, * 66 Vie. No.. 36, supra, page 4855. t 56 Vic. No. 37, supra, page 4818.