Land Act Amendment Act 1983 (Qld)

436 Queeltstaub ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 37 of 1983 An Act to amend the Land Act 1962- 1982 in certain particulars [ASSENTED TO 22ND APRIL, 1983]

Land Act Amendment Act 1983, No. 37 437 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 1983. (2) The Land Act 1962-1982 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 1962-1983. 2. Amendment of s. 191 . Application (1957, s. 10). Section 191 of the Principal Act is amended by omitting all words commencing with the words " other than " to and including the word " tourists," and substituting the words " other than a lease acquired pursuant to section 210 of this Act or section 175c of The Land Acts, 1910 to 1962, that is subject to conditions for accommodating and providing recreational and other facilities for tourists and other than a lease granted pursuant to subsection (11) of section 207 as inserted by the Land Act Amendment Act 1983,". 3. Amendment of s. 203. Issue of special leases without notification (1910, s. 179). Section 203 of the Principal Act is amended by inserting immediately after the first paragraph the following paragraph:- " The powers, authorities, functions and duties conferred or imposed by or under this section upon the Governor in Council or Minister with respect to land shall apply and extend and those powers and authorities may be exercised and those functions and duties performed with respect to layers and strata below and air space above the surface of such land.". 4. Amendment of s. 204. Terms and conditions of special lease. Section 204 of the Principal Act is amended by inserting after subsection (8) the following subsection:- " (8A) Where during a rental period the Governor in Council forms the opinion after due and proper investigation that the liability of a lessee to pay in full the annual rent determined for the rental period in question imposes upon the lessee a hardship which should be alleviated, the Governor in Council may grant to the lessee in relation to the payment of rent for such period within that rental period and from such date as he determines such concession as he thinks necessary to effect such alleviation. The power conferred upon the Governor in Council by this subsection may be exercised from time to time and in respect of different periods within the rental period in question. Where a concession is granted pursuant to this subsection, payment by way of annual rent of the amount calculated by taking into account the amount of the concession shall be taken for all purposes to be payment in full of the annual rent determined for the period in respect of which the concession is granted

438 Land Act Amendment Act 1983, No. 37 Where it is made to appear to the Governor in Council during the currency of a concession that the leniency extended to a lessee should not continue in the manner and to the extent determined by him by reason of the transfer of the lease or any other cause, the Governor in Council may alter as he thinks fit the period in respect of which the concession has been granted or the amount of the concession or revoke it absolutely and thereupon the alteration or, as the case may be, revocation shall take effect accordingly.". 5. Repeal of and new s. 205. Special lease of land costly to develop (1958 , s..33). The Principal Act is amended by repealing section 205 and substituting the following section:- " 205. Lease of land costly to develop or where special circumstances exist ( 1958, s. 33 ). (1) The Governor in Council may grant as special lease, after or without by public advertisement inviting applications therefor, at a rent and subject to such terms and conditions as are determined by the Minister, including but without limiting the generality of this provision, those conditions set forth in subsections (2) and (3), upon an application duly made to and an offer subsequently made by the Minister in that behalf land- (a) that in the opinion of the Minister is abnormally costly to develop; or (b) in respect of which or the proposed usage of which or the locality of which the Minister has certified by writing signed by him that special circumstances exist. (2) A lease under subsection (1) in respect of land referred to in paragraph (a) of that subsection shall be subject to conditions setting forth- (a) the specific development of or improvements to be made to the land in order to render it fit for manufacturing, industrial, residential or business purposes;. (b) particulars as to the roads, bridges, viaducts and other works that may be constructed within or without or within and without the boundaries of the land comprised in the lease for the purpose of providing or improving access to, through, over, under or in the vicinity of that land or any part thereof; (c) the time within which the doing of the works of development or the making of improvements on the land shall commence and the rate of progress that shall be observed by the lessee during each year of a specified period of the lease. (3) A lease under subsection (1) in respect of land referred to in paragraph (a) or (b) of that subsection shall be subject to conditions setting forth- (a) the purchasing price or the method of determining or calculating the purchasing price to be paid by the lessee

Land Act Amendment Act 1983, No. 37 439 to the Crown for an estate in fee-simple of such land or any part thereof; (b) that the land or part thereof may be subsequently granted in fee-simple to the lessee- (i) after its development or the making of improvements thereon and payment of the purchasing price in respect thereof or, as the case requires, upon payment of the purchasing price in respect thereof; and (ii) upon compliance with all other conditions of the lease; (4) Notwithstanding this Act- (a) upon the development of or the making of improvements on or in the vicinity of the land or a part thereof satisfactory to the Minister and payment of the purchasing price; or, as the case may be, (b) upon payment of the purchasing price, and the surrender of the subsisting special lease wholly or in respect of the part of the land in question, the Governor in Council may sell for an estate in fee-simple to the lessee the land or part thereof at the purchasing price set forth in the conditions of the lease and where a purchasing price is not set forth in those conditions with respect to such part at a sum determined by the Minister as a fair proportionate amount of the purchasing price so set forth. Where a method of determining or calculating the purchasing price is specified in the lease, the purchasing price shall be the price calculated in accordance with that method. Where part only of the land in respect of which the special lease has been surrendered is to be sold, the Governor in Council may reserve and set apart the remaining part or a portion thereof for a public purpose within the meaning of this Act or otherwise deal with it under this Act.". 6. Amendment of s. 207. Sale of special lease holdings ( 1910 , s. 175B). Section 207 of the Principal Act is amended by- (a) in subsection (1), omitting subparagraph (a) and substituting the following subparagraph: " (a) a lease of a reserve that is still required for the purpose for which the land was reserved and set apart or for another public purpose;"; (b) in subsection (2), (i) omitting the word " and " where it occurs between subparagraphs (a) and (b); (ii) inserting after subparagraph (b) the following words :- " • and (c) a grant in fee-simple in respect of the holding would not prejudice or affect in any way the proper planning and development of the locality in which the holding is situated ";

440 Land Act Amendment Act 1983, No. 37 (iii) inserting immed iately after the first paragraph the following paragraph :- " In the stead of approving the application to purchase the holding or a part thereof, the Minister, in his discretion, may offer to the lessee a perpetual town lease, perpetual suburban lease or perpetual country lease over the holding or part thereof and, if the offer is accepted, such lease shall be granted pursuant to subsection (11) "• (c) in subsection (3), in the second paragraph, inserting after the word " offer " where it secondly occurs the words " or such longer period as the Minister in the exercise of his discretion in a particular case allows "; (d) in subsection (4), in subparagraph (a) of the second paragraph, inserting after the word " offer " where it firstly occurs the words " or such longer period as the Minister in the exercise of his discretion in a particular case allows "; (e) in subsection (6), omitting the words " Special Lease " and substituting the words " special lease "; (f) omitting subsection (11) and substituting the following subsection:- "(11) The Governor in Council in addition to the powers conferred upon him by subsections (7) and (8) may grant to the lessee in respect of the land a perpetual town lease, perpetual suburban lease or perpetual country lease at an annual rent for the first period of 10 years of a sum equal to 3 per centum of the unimproved capital value of the land comprised in the lease, fixed by the Minister upon the recommendation of the Commission. Section 212 applies, with and subject to all necessary adaptations, to a lease granted pursuant to this subsection.". 7. Amendment of s. 243. Principles for determination of rent (1910, s. 125 ). Section 243 of the Principal Act is amended by, in subsection (1), adding at the end thereof the following paragraphs:- " In the case of a stud holding used for the production of stud merino sheep the number of stock referred to in subparagraph (b) means the number of flock sheep. The annual rent payable in respect of a stud holding used for the production of stud merino sheep shall be 75 per centum of the annual rent determined in accordance with this subsection with respect to that holding.". 8. Amendment of s. 334. Grants and reservations for public purposes (1910 , s. 180 ). Section 334 of the Principal Act is amended by inserting after subsection (5) the following subsection:- " (6) The powers, authorities, functions and duties conferred or imposed by or under this section upon the Governor in Council with respect to land shall apply and extend and those powers and authorities may be exercised and those functions and duties performed with respect to layers and strata below and air space above the surface of such land.".

Land Act Amendment Act 1983, No. 37 441 9. Amendment of s. 363. Application for closing unrequired roads (1910 , s. 192 ). Section 363 of the Principal Act is amended by omitting the second and third paragraphs and substituting the following paragraphs:- " The Minister shall cause notice of an application made under this section- (a) to be published at least once in the Gazette and in a newspaper circulating in the locality of the road in question; (b) to be given to every registered proprietor of land held in fee- simple and every lessee of land held under this Act or any other Act whose land adjoins that part of the road that is the subject of the application; (c) to be exhibited in a conspicuous position- (i) on or near the road in question; (ii) at the District Land Office and the police station nearest the road in question; (iii) at the office of the Local Authority in whose Area the road in question is si"uated. Where the application relates to land held in fee-simple, the Minister shall file in the Real Property Office a copy of the notice. The notice shall specify a date, being a date not less than one month nor more than two months after the date of the notice, on or before which, a place at which and the person to whom objections to the application may be lodged. The notice required to be given under this section may be served personally upon or sent by post to the person to whom it is addressed or where that person is absent from Queensland may be served upon or sent by post to his agent. Where the person's identity cannot be established or he has no known agent in Queensland, it shall be sufficient service of the notice if it or a true copy thereof is published once in the Gazette and once in a newspaper circulating in the locality of the road in question. Following the date specified in the notice, the Governor in Council may approve the application with or without modification.". 10. Amendment of s. 365. Grant or lease of closed road ( 1910 , s. 193). Section 365 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) Where by reason of the permanent closure of a road or part thereof pursuant to this section, the description of land held in fee-simple and contained in a subsisting title other than the title of the applicant for the closure ceases to be an appropriate description of the land, the Secretary shall lodge with the Registrar of Titles and the Surveyor-General a copy of the notification published in the Gazette with respect to the closure of the road in question. 5409 1-- -1 5

442 Land Act Amendment Act 1983, No. 37 Thereupon the Registrar of Titles and the Surveyor-General shall make in the appropriate registers or records such entries and endorsements as they think necessary to record the closure of the road in question.". 11. Amendment of s. 371A. Permissive occupancies . Section 371A of the Principal Act is amended by adding at the end thereof the following paragraph :- " The powers, authorities, functions and duties conferred or imposed upon the Minister with respect to land to which this section refers shall apply and extend and those powers and authorities may be exercised and those functions and duties performed with respect to layers and strata below and air space above the surface of such land.".