Land Act Amendment Act 1974 (Qld)

136 . ( 1U211"S1a.tt4 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1974 .An Act to amend the Land Act 1962 - 1973 in certain particulars [ASSENTED TO 18TH APRIL, 1974] 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 1974. (2) In this Act the Land Act 1962-1973 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Land Act 1962-1974. 2. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (1), inserting after provision (c) the following provision:- ( dd) ) a discharge, pursuant to section 147E, or a termination, pursuant to section 147F, of a reservation of forest products prescribed by section 147B.".

Land Act Amendment Act 1974, No. 14 137 3. Amendment of s. 128. Section 128 of the Principal Act is amended by- (a) in subsection (2), omitting the words " one dollar fifty cents " wherever they occur and substituting in each case the expression "1.5"; (b) in subsection (3), (i) omitting the word " In " where it firstly occurs and substituting the words " Subject to subsection ( 4) where it applies, in "; (ii) omitting the words " two dollars fifty cents " wherever they occur and substituting in each case the expression " 2.5 "; (c) adding at the end of the section the following subsection:- " (4) In the case of any perpetual lease selection subsisting at 1st January 1974 of land to which this subsection applies the annual rent thereof shall be, on and from that date until the expiration of the rental period current at that date, a sum equal to 1.5 per centum of the unimproved capital value of the land, determined by the Court in relation to that rental period, as if it were held in fee - simple at the date of the commencement of that rental period and rental for any and every rental period of ten years thereafter shall be determined by the Court at a sum equal to 1.5 per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. This subsection applies only to land comprised in any one or more of the repurchased estates known as Jimbour, Cecil Plains, Kilcoy, Woolooga, Widgee, Gowrie, Maryvale, Inkerman and Goomburra. In this subsection the expression " repurchased estates " means those areas of land acquired for the Crown pursuant to The Closer Settlement Act of 1906.". 4. Repeal of and new s. 140. The Principal Act is amended by repealing section 140 and substituting the following section:-- " 140. Matter to be certified by the Commission ( 1959 , s. 26). (1) In every case of an application under section 139, the Commission shall certify to the Minister- (a) whether or not the grazing selection is, in the opinion of the Commission, substantially in excess of a living area; (b) whether or not the grazing selection is, in the opinion of the Commission, reasonably improved having regard to its potential for economic development; (c) whether or not the grazing selection or any part or parts of it is or are, in the opinion of the Commission, required to be set apart and declared as State Forest under the Forestry Act1959-1974; (d) whether or not any part or parts of the grazing selection is or are, in the opinion of the Commission, better suited for long term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production; and

138 Land Act Amendment Act 1974, No. 14 (e) whether or not, by reason of the granting of the application, public interests will, in the opinion of the Commission, be adversely affected in any respect other than in relation to that specified in provision (c) or (d) and, if so, in what respect. In performing its function under this subsection with respect to matters specified in provision (c) or (d) the Commission shall have regard to the views of the Conservator of Forests and, with respect to such matters, where those views differ from the Commission's opinion certified to the Minister, the Commission shall furnish to the Minister, at the time when it furnishes its certificate to him, a copy of those views. (2) If the Commission certifies to the Minister that the grazing selection is, in its opinion, not reasonably improved, having regard to its potential for economic development, the Minister may reject the application. (3) If the Commission certifies to the Minister that- (a) the grazing selection is, in its opinion, substantially in excess of a living area; or (b) the grazing selection or any part or parts of it is or are, in its opinion, required to be set apart and declared as State Forest under the Forestry Act1959-1974; or (c) any part or parts of the grazing selection is or are, in its opinion, better suited for long term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production; or (d) by reason of the granting of the application, public interests will be adversely affected in the respects particularized by it, the Minister may reject the application. (4) Instead of rejecting an application pursuant to any power conferred on him by subsection (3), the Minister may, by notice in writing to the applicant, require the applicant to amend the application so that it relates only to such part of the grazing selection concerned as the Minister permits. Where an application is amended pursuant to notice given under this subsection the application so amended shall take effect as the application of the applicant made under section 139 in lieu of the application actually so made and shall take such effect on and from the date the superseded application was actually received by the Minister. If an applicant fails to comply with a notice given under this subsection within three months from the date of the notice, he shall be deemed to have rejected the requirements therein contained and the Minister may reject the application. (5) Instead of rejecting an application on the ground referred to in subsection (3) (c) the Minister may, by notice in writing, inform the applicant that if the conversion of tenure sought by the application is allowed it will be allowed subject to a reservation

Land Act Amendment Act 1974, No. 14 139 to the Crown as prescribed by section 147a in respect of the forest products in or on the part or parts of the grazing selection concerned, such part or parts being identified therein by the Minister by such means as he thinks fit. The tenure to which the grazing selection is converted shall be in respect of the whole area as sought by the application but there shall be reserved and excepted to the Crown in every lease of that area the reservation prescribed by section 147n and the part or parts of the land to which the reservation relates shall be held subject thereto accordingly. Every instrument of lease, deed of grant or other instrument of title at any time issued in respect of land to which the reservation prescribed by section 147B relates shall express that reservation. (6) Save in the case of an application rejected by him pursuant to a provision of this Division, the Minister may determine or he may refer to the Court for hearing and determination the following matters or either of them, namely- (a) the unimproved value, as at the date when the Minister received the - application made under section 139, of the land to which the application or amended application relates and to which a reservation prescribed by section 147E is not to relate, which unimproved value shall be exclusive of the market value of any commercial timber on the land; (b) the market value, as at the date of the determination of the commercial timber (the property of the Crown) on the land to which the application or amended application relates and to which a reservation prescribed by section 147a is not to relate, which value shall include the value, as at that date, of trees with commercial potentiality. Where the unimproved value of land to be determined under this subsection is the value of part only of the land to which an application or amended application relates by reason that a reservation prescribed by section 147E is to relate to another part of that land that value shall be determined without regard to any increase or decrease therein on account of severance of the holding or other cause arising from the existence of such reservation. (7) Where the Minister makes either or both of the determinations referred to in subsection (6), if within 42 days from the date when the Minister notifies the applicant thereof the applicant does not notify the Minister in writing that he accepts the Minister's determination or, as the case may be, determinations, the Minister shall refer the matter of the unimproved value or market value in question or, as the, case may be, both such matters to the Court for hearing and determination in accordance with subsection (6). (8) The Minister may make a determination or a reference referred to in subsection (6) or may make a reference referred to in subsection (7) whether the lease of the land to which the application relates subsists or has expired.

140 Land Act Amendment Act 1974, No. 14 The Court or, on appeal thereto, the Land Appeal Court, may hear and determine every reference made by the Minister under subsection (6) or (7) whether the reference is made while the lease of the land to which the application relates subsists or is made after that lease has expired.". 5. Amendment of s. 141. Section 141 of the Principal Act is amended by omitting subsection (2). 6. Amendment of s. 142. Section 142 of the Principal Act is amended by- (a) omitting from subsection (4) the words " comprised in the selection concerned " and substituting the words " to which the application relates or, as the case may be, part thereof "; (b) omitting from subsection (5) the second paragraph and substituting the following paragraph:- Thereupon- (a) he shall be entitled to a new lease upon the converted tenure specified in his notice of election in respect of the area to which his application relates;' (b) where his application relates to a part only of a grazing selection his interest in the part of the selection to which his application does not relate shall terminate.". 7. Amendment of s. 147. Section 147 of.the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (I) Upon and by virtue of the conversion pursuant to this Division of a settlement farm lease or a grazing selection or any part of a grazing selection to a new tenure all trees (the property of the Crown) that are on the land comprising the lease or the selection or, in the case of a conversion of tenure in respect of a part only of a grazing selection. that are on such part, and that are not forest products to which a reservation prescribed by section 147B relates shall become and be the property of the lessee who shall pay the value of the commercial timber (including trees with commercial potentiality) comprised in such trees as determined by the Minister or, as the case may be, the Court or, upon appeal thereto, the Land Appeal Court, in equal annual instalments during the first ten years of the term of the converted tenure. The instalments payable under this subsection shall be payable with the annual rent and section 249 shall apply with respect thereto as if they were payable as rent.". 8. New s. 147B. The Principal Act is amended by inserting after section 147A the following section:- " 147B. Reservation for purposes of forest management. (1) The reservation to the Crown to which the tenure of a grazing selection that is converted pursuant to this Division is required by section 140 (5) to be subject shall be expressed in the following terms:- "And we do hereby also reserve and except unto us, our heirs and successors all forest products in or on that part or parts and area or areas of the said parcel of land being

Land Act Amendment Act 1974, No. 14 141 the part or parts and area of areas described by design in the said schedule and we do hereby also reserve and except unto us our heirs and successors and to such persons as shall from time to time be duly authorised by us in that behalf all rights anc powers to control, manage and protect the forest products hereby reserved and excepted and to work, get, sell, and remove such forest products and the free right and privilege of access including ingress. egress and regress, in, into, over, upon, along, across and out of the said parcel of land to and from the part or parts affected by the reservation and exception for the purpose of controlling, managing and protecting the forest products hereby reserved and excepted and for the purpose of working, getting, selling, and removing such forest products." (2) The area to which the reservation of forest products relates- (a) shall be of a regular shape, as far as is practicable, and its boundaries shall be delineated- (i) on a map, in the office of the Surveyor-General, of the land that includes that area; (ii) on the diagram in every instrument of lease, deed of grant or other instrument of title at any time issued in respect of land to which the reservation relates; (b) shall be surveyed at the cost of the Conservator of Forests by an authorized surveyor if a survey is required by the Surveyor-General or the Registrar of Titles; (c) if it is not identified by means of a survey, shall be delineated by way of design and its boundaries shall be marked on the ground by whatever means are acceptable to the Surveyor-General. (3) The land to which the reservation of forest products relates is a Forest Entitlement Area within the meaning of the Forestry Act1959-1974 and the forest products in or on that land shall be managed as determined necessary by the Conservator of Forests who in that behalf shall have the functions, rights and powers conferred on him by that Act. Such land is hereinafter in this Division referred to as a Forest Entitlement Area. (4)' The provisions of sections 358, 359 and 360 shall not apply in respect of an area to which the reservation relates or in respect of any part thereof.". 9. New s. 147C. The Principal Act is amended by inserting after section 147B the following section:- " 147C. Entitlement and liability of lessee or owner of area to which reservation of forest products relates. (1) The lessee or owner of land that is or includes a Forest Entitlement Area- (a) is entitled to occupy and use the area subject always to the terms of the reservation and the rights of the Conservator of Forests in respect of that area

142 Land Act Amendment Act 1974, No. 14 (b) is entitled to negotiate with the Conservator of Forests with a view to making with him an agreement referred to in section 39A of the Forestry Act1959-1974 in respect of the management and use of the area and the forest products therein or thereon and to make such an agreement in the terms agreed. (2) The lessee or owner of land that is or includes a Forest Entitlement Area shall be deemed in law to have the liabilities of the occupier of the land comprising that area to the exclusion of the Crown and all other persons.". 10. New ss. 147D, 147E, 147F. The Principal Act is amended by inserting after section 147c the following sections:- " 147D. Procedure when Forest Entitlement Area no longer required by Crown. (1) If in the opinion of the Conservator of Forests the forest products in or on a Forest Entitlement Area or any part thereof are no longer required by the Crown fc,r long term forest management for the production of indigenous timbers of commercial value he shall so certify to the Minister. (2) Upon receipt of a certificate referred to in subsection (1) the Minister- (a) shall cause notice in writing of the opinion expressed therein pursuant to that subsection to be given to the owner or lessee, as the case may be, of the land that is or includes the Forest Entitlement Area or the part thereof in question; and (b) shall enquire of the person to whom notice is given under subparagraph (a) whether he wishes to have discharged, at a consideration to be fixed by the Minister the reservation relating to the Forest Entitlement Are or the part thereof in. question. (3) If a person to whom notice is given and of whom enquiry is made under subsection (2) does not inform the Minister in writing within 3 months after the date of the notice, or within such longer period after that date (not exceeding 6 months) as the Minister may allow in a particular case, that he desires to have discharged the reservation in accordance with this Act it shall be taken that he does not desire it and the Forest Entitlement Area or the part thereof in question, as the case may be, may be dealt with as prescribed by section 147F. 147E. Conditions of discharge of reservation . (1) The conditions on which a reservation relating to a Forest Entitlement Area, or a part thereof, may be discharged for the benefit of an owner or lessee referred to in this subsection are- (a) the. consideration fixed by the Minister shall be paid- (i) where the person for whose benefit the reservation is discharged is owner of an estate in fee-simple in the land that is or includes the Forest Entitlement Area or the part thereof in question, by payment of the whole amount in cash;

Land Act Amendment Act 1974, No. 14 143 (ii) where the person for whose benefit the reservation is discharged is lessee of the land that is or includes the Forest Entitlement Area or the part thereof in question, held as a grazing homestead freeholding lease or an agricultural farm, by payment of equal annual instalments over the balance of the term of his lease or if, at the time of his informing the Minister of his desire for such discharge, such balance of term is less than 2 years, by payment of the whole amount in cash; (b) upon payment of such consideration or, where it is to be paid by instalments, upon payment of the first instalment thereof- (i) the land to which the reservation relates and in respect of which it is to be discharged shall be freed and discharged from the reservation and shall cease to be Forest Entitlement Area; (ii) the forest products in or on such land shall become and be the property of the person for whose benefit the reservation is discharged. (2) The conditions on which a reservation relating to a Forest Entitlement Area, or a part thereof, may be discharged for the benefit of a lessee of the land that is or includes the Forest Entitlement Area or the part thereof in question where that land is held as a perpetual lease selection, are that on and from the quarter day next following the date of the lessee's informing the Minister of his desire.for such discharge. (a) the unimproved capital value of the selection shall be amended to include the consideration, fixed by the Minister, for such discharge and the rent of the selection shall be adjusted accordingly; (b) the land to which the reservation relates and in respect of which it is to be discharged shall be freed and discharged from the-reservation and shall cease to be a Forest Entitlement Area; (c) the forest products in or on such land shall become and be the property of the lessee for whose benefit the reservation is discharged. 147F. Resumption of land where discharge of reservation not desired . (1) Where the owner or lessee of land to whom notice is given and of whom enquiry is made under section 147n(2) informs the Minister that he does not desire the discharge of the reservation in question in accordance with section 147E or is to be taken (pursuant to section 147n(3)) to not desire such discharge, the land to which the reservation relates and in respect of which it could have been discharged- (a) being land held from the Crown for an estate in fee-simple, may be resumed as prescribed by the Acquisition of Land Act1967-1969; or (b) being a holding or part thereof,' may be resumed as prescribed by section 306 and in respect of such resumption the provisions of sections 308 to 310.(both

144 Land Act Amendment Act 1974, No. 14 inclusive) and 315 to 317 (both inclusive) shall apply with all necessary adaptations, so far as the same may be applied, subject however, in either case, to subsection (2) of this section. (2) Where, pursuant to subsection (1), land is resumed- (a) the reservation prescribed by section 147E that relates to the land shall thereupon terminate so far as it relates to the land resumed; (b) no compensation shall be payable in connexion therewith save in respect of- (i) improvements existing thereon, at the time of the resumption, that were made before the creation of the reservation that related to the land prior to the resumption; (ii) improvements existing thereon, at the time of the resumption, that were made after the creation of the reservation that related to the land prior to the resumption with the consent of the Conservator of Forests first had and obtained, if that consent d1d not indicate that compensation would not be payable in the respect of those improvements in the event of a resumption of the land.". 11. New ss. 147G and 147H. The Principal Act is amended by inserting after section 147F the following sections:- " 147G. Adjustment of instrument of title upon discharge or termination of reservation . (1) When a reservation prescribed by section 147B is discharged pursuant to section 147E or terminates pursuant to section 147F, wholly or partially, the instrument of title that includes the land to which the reservation related- (a) being a lease, shall be appropriately corrected, in accordance with section 13, as prescribed by subsection (2); (b) being a deed of grant or certificate of title, shall be lodged with the Minister by the person who holds the same and shall be appropriately corrected as prescribed by subsection (2). (2) The appropriate correction to be made in an instrument of title under subsection (1) shall be- (a) in a case to which section 147E applies- (i) where the instrument of title is a lease, deletion of the reference therein to the reservation prescribed by section 147B, wholly or to the extent to which the reservation has been discharged pursuant to section 147E, as the case may be, and, if the case requires it, amendment or endorsement of the periodic payments to be made under the lease by the lessee; (ii) where the instrument of title is a deed of grant or a certificate of title, deletion of the reference therein to the reservation prescribed by section 147s, wholly

Land Act Amendment Act 1974, No. 14 145 or to the extent to which the reservation has been discharged pursuant to section 147E, as the case may be; (b) in a case to which section 147F applies- (i) where the resumption is of the whole of the land referred to in the instrument of title, the cancellation of the instrument; (ii) where the resumption is of part of the land referred to in the instrument of title, deletion of the reference therein to the land resumed and of the area of that land. (3) In any case where an instrument of title is required to be corrected under this section the Minister may direct that the lessee or owner of the land included therein surrender his title thereunder to the Crown and that a fresh instrument of title be issued in lieu thereof whereupon- (a) the lessee or owner concerned shall surrender his title accordingly; (b) the person who holds the instrument of title to which the surrender relates shall lodge the same with the Minister and that instrument shall be cancelled; (c) subject to compliance with provisions (a) and (b), a fresh instrument of lease or, as the case may be, deed of grant shall be issued in lieu of that so cancelled, due regard being had to the resumption of land in question or, as the case may be, the freeing and discharge of the land in question from the prescribed reservation but otherwise subject to all encumbrances, liens, interests and endorsements to which the cancelled instrument was subject. (4) Where pursuant to this section an instrument of title has been lodged with the Minister and the same has been corrected or a fresh instrument has been issued in lieu thereof the corrected instrument.or, as the case may be, a copy of the fresh instrument shall be given to the person by whom the instrument of title was so lodged or to his duly appointed representative. 147H. Minister ' s powers when instrument of title not held by him. (1) In any case where an instrument of title is to be appropriately corrected under section 147G and the same is not held by the Minister or the Department the Minister may cause notice to be given to any person who holds or is suspected of holding the instrument of title requiring him to produce the instrument at a place and within a time specified in the notice. (2) A person who fails to comply with a notice given to him under subsection (1) is guilty of an offence against this Act unless he shows that he has not at any time since his receipt of the notice had the instrument of title in his possession or under his control. (3) In any case where an instrument of title that is to be appropriately corrected under section 147G has not been produced to or as directed by 'the Minister (for any reason whatsoever) he may by writing under his hand request the Registrar of Dealings

146 Land Act Amendment Act 1974, No. 14 or, as the case requires, the Registrar of Titles to make the appropriate prescribed correction in the copy of the instrument held in the office of the Registrar whereupon it shall be the duty of the Registrar to whom the request is directed to make the appropriate prescribed correction without requiring any other copy of the instrument to be produced or accounted for.".