Land Act Amendment Act 1970 (Qld)

389 Qluenshxxtr ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1970 An Act to Amend the Land Act 1962- 1968 in certain particulars [ASSENTED TO 16TH DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Land Act Amendment Act 1970. (2) The Land Act 1962-1968 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Land Act 1962-1970.

390 Land Act Amendment Act 1970, No. 28 2. Amendment of s. 31. Salaries , leave , etc., of members . Section 31 of the Principal Act is amended by omitting subsections (1), (2) and (3) and inserting in their stead the following note to the section and subsections :- " Salaries, leave, etc., of members . (1) The member of the Court designated as President of the Land Court shall be paid and it is declared always was, on and from the second day of April one thousand nine hundred and seventy, entitled to be paid- (a) salary at the rate of salary payable from time to time to the judge of District Courts designated as Chairman of District Courts; and (b) in addition to salary at such rate an allowance at the rate of allowance payable from time to time to that judge of District Courts. (2) Members of the Court (other than the member designated as President of the Land Court) shall be paid and it is declared always were, on and from the second day of April one thousand nine hundred and seventy, entitled to be paid salary at the rate of salary payable from time to time to a judge of District Courts (other than the judge thereof designated as Chairman of District Courts). (3) The salaries and allowance payable under subsection (1) and subsection (2) of this section shall be a charge upon and paid out of Consolidated Revenue which is hereby appropriated accordingly.". 3. Amendment of s. 44 . Notice of appeal . Section 44 of the Principal Act is amended- (a) by omitting from subsection (11) the word "persons" and inserting in its stead the word " parties "; and (b) by inserting in that subsection, after the first paragraph, the following paragraph:- " Where the Minister is the respondent party, or one of the respondent parties, to an appeal, service of the notice of the appeal on the Minister shall be effected by serving the notice on the Secretary of the Commission.". 4. Amendment of s. 65. Restriction on improvements . Section 65 of the Principal Act is amended by omitting the words " three hundred and seven " and inserting in their stead the words " three hundred and twelve ". 5. Amendment of s. 73. When new lease to issue in substitution for subsisting lease. Section 73 of the Principal Act is amended by omitting from subsection (4) the words " three hundred and seven " and inserting in their stead the words " three hundred and twelve ". 6. Amendment of s. 238 . Crown deemed owner of improvements and payment to late lessee . Section 238 of the Principal Act is amended by omitting from subsection (1) the words " three hundred and seven and inserting in their stead the words " three hundred and twelve ".

Land Act Amendment Act 1970, No. 28 391 7. Amendment of s. 274. Subleases . Section 274 of the Principal Act is amended by omitting from paragraph (a) of subsection (6) the words " perpetual town lease, perpetual suburban lease, perpetual country lease or special lease " and inserting in their stead the word " holding ". S. Amendment of s. 333. Right to surrender. Section 333 of the Principal Act is amended- (a) by renumbering that section as subsection (1); and (b) by adding the following subsection:- " (2) Where the Minister so approves (which he is hereby authorized so to do), a lessee may surrender his lease pursuant to this section without giving the notice, or paying the rent in advance, specified in subsection (1) of this section.". 9. New s. 342A. Easements affecting land granted in trust. After section 342 of the Principal Act the following section is inserted:- " 342A. Easements affecting land granted in trust. With the prior approval in writing of the Minister, easements affecting land granted in trust may be created by agreement to which the trustees of the land are parties whether as grantors or grantees.".