Land Act Amendment Act 1985 (Qld)

40 (iuccn Ianb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 6 of 1985 An Act to amend the Land Act 1962-1984 in certain particulars and for a related purpose [ASSENTED TO 20TH MARCH, 19851

Land Act Amendment Act 1985, No. 6 41 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 . This Act may be cited as the Land Act Amendment Act 1985. 2. Principal Act and citation as amended . (1) In this Act the Land Act 1962-1984 (as so cited pursuant to the Land Act (Aboriginal and Islander Land Grants) Amendment Act 1984) as amended by the Land Act Amendment Act 1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1985. 3. Amendment . of s. 3 . Division of Act. Section 3 of the Principal Act is amended by- (a) in the reference to Division III of Part IJ, omitting the expression "(ss. 24-25)" and substituting the expression "(s. 24)"; (h) in the reference to Part IV, omitting the expression "149" and substituting the expression "147H"; (c) in the reference to Division II of Part IV, omitting the expression "129" and substituting the expression "127A"; (d) omitting the words "Division VI.-Conversion of Selection Tenures (ss. 148-149);" occurring in the reference to Part IV; (e) in the reference to Division II of Part VII, omitting the expression 180" and substituting the expression "188"; (f) in the references to the Divisions of Part X- (i) omitting the expression "249" occurring in the reference to Division III and substituting the expression "249A": (ii) omitting the expression "272" occurring in the reference to Division VII and substituting the expression "271"; (iii) omitting the words "Division I.V.-Partnership Agreements (s. 294);": (iv) omitting the expression "321" occurring in the reference to Division XI and substituting the expression "317": (g) in the references to the Divisions of Part XI- (i) omitting the expression "(s. 334)" occurring in the reference to Division I and substituting the expression "(ss. 334-334B)"; (ii) inserting between the reference to Division II and the reference to Division III the following:- "Division IIA-Land Reserved as Environmental Park (ss. 351A-351Q);"; (iii) omitting the expression "(s. 352)" occurring in the reference to Division III and substituting the expression "(ss. 352-352A)".

42 Land Act Amendment Act 1985, No. 6 4. Amendment of s. 5 . Interpretation of terms ( 1910 , s. 4). Section 5 of the Principal Act is amended by, in the meaning of the term "Public purposes"- (a) inserting after the words "objects or purposes" the words "or any objects or purposes connected therewith or incidental thereto"; (b) inserting as an object or purpose next following "Orphanages" the words "Parking of vehicles". 5. Amendment of s. 6 . Grants and leases (1910 , s. 6). Section 6 of the Principal Act is amended by inserting after subsection (6) the following subsection:- "(7) Land that ceases to be Crown land as that term is defined in this Act by reason of the existence of a mining lease under the Mining Act 1968-1983 in respect thereof shall nevertheless be deemed to be Crown land for the purpose of leasing it or in any other way dealing with it or land of which it forms part under this Act, without prejudice to- (a) the rights of the lessee or his successors under the mining lease over or in respect of the land or any part thereof: and (b) any agreement made or any other thing done or to be done pursuant to the provisions of the Mining Act 1968-1983, provided that the Minister for the time being charged with the administration of the dining Act 1968-1983 agrees to such leasing or other dealing under this Act.". 6. Amendment of s. 9 . Section 9 of the Principal Act is amended bv- (a) in subsection (1)- (i) omitting the word "or" occurring between paragraphs (b) and (c); (ii) omitting the word "reservation," occurring in paragraph (c) and substituting the word "reservation:"; (iii) inserting the word "or" between paragraphs (c) and (d); (iv) omitting the expression "147B." occurring in paragraph (d) and substituting the expression "147B"; (v) omitting the words "and closing or sale" and substituting the words ", closing, sale, discharge or termination"; (vi) omitting the words "or closing or sale" and substituting the words ". closing, sale, discharge or termination"; (b) in subsection (2)- (i) inserting after the words "existing instrument of title" the words "or delineated upon the appropriate plan as referred to in section 12"; (ii) omitting the words "containing a corrected description of and substituting the words "making reference to the appropriate plan as referred to in section 12 that correctly delineates".

Land Act Amendment Act 1985, No. 6 43 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(I) Description of land in grant . Land granted by a deed of grant may be described therein in a manner that makes reference to a plan, meeting the requirements of the Surveyors Act 1977-1983 and the regulations made thereunder, that delineates the land.". 8. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(I) Description of land in lease . Land comprised in a lease may be described therein in a manner that makes reference to a plan. meeting the requirements of the Surveyors Act 1977-1983 and the regulations made thereunder, that delineates the land."; (b) in subsection (2), inserting after the words "with sufficient certainty" occurring in paragraph (a) the words "or do not agree with the boundaries delineated upon the appropriate plan as referred to in subsection (1)". 9. Amendment of s. 50. Section 50 of the Principal Act is amended by, in subsection (1), omitting the words "rent per square kilometre" occurring in paragraph (c) and substituting the words "annual rent". 10. Amendment of s. 54. Disqualifications for preferential pastoral holdings ( 1910, s . 40B). Section 54 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(I) Subject to this Act. a person who is, in respect of the land applied for or held or any part thereof or interest therein, a trustee, agent or servant of or for any other person shall not be competent to apply for or hold a preferential pastoral holding."; (b) omitting subsection (2); (c) in subsection (5)- (i) omitting the words "(a) The provisions, other than paragraph (a) of subsection (1) and subsection (4)" and substituting the words "The provisions, other than subsections (1) and (4)"; (ii) omitting paragraph (b); (d) omitting subsection (6). 11. Amendment of s. 55. Joint ownerships ( 1910 , s. 40C). Section 55 of the Principal Act is amended by- (a) in subsection (4), omitting the word "lessees;" and substituting the word "lessees."; (b) in subsection (6), omitting the words "and at an annual rental respectively" occurring in paragraph (c).

44 Land Act Amendment Act 1985, No. 6 12. Amendment of s. 57. Application for preferential pastoral holding (1910, s. 41). Section 57 of the Principal Act is amended by, in subsection (12). omitting the words "and rental" occurring in paragraph (a). 13. Amendment of s. 61. Conditions generally ( 1910, ss. 42, 43). Section 61 of the Principal Act is amended by- (a) in paragraph (d), omitting the words "The rent shall be computed according to the number of square kilometres in the lease, and during the term" and substituting the words "During the term of the lease"; (b) omitting paragraph (da) and substituting the following paragraph:- "(da) The annual rent for the term of the lease or, as the case may be. a rental period shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from 1 July next following the date of publication of the Order in Council in the Gazette in the case of a lease subsisting immediately prior to such date of publication."; (c) omitting paragraph (e) and substituting the following paragraph:- "(e) Where the term exceeds 10 years, the Minister shall determine the annual rent for the second and any subsequent rental period. and, upon making such determination, he shall notify the lessee in writing of it. In any case where the amount of the annual rent determined by the Minister exceeds the minimum rent prescribed by paragraph (da), the lessee. within 42 days after the giving to him of the notification of the Minister's determination of annual rent for the rental period in question, may notify the Minister in writing that he requires the annual rent to be determined by the Court. Upon being so notified by the lessee. the Minister shall refer the matter to the Court for hearing and determination. The determination made by the Court or, upon an appeal therefrom to the Land Appeal Court, a determination of the Land Appeal Court that is at variance with the determination of the Court shall be the determination of the annual rent in respect of the lease in question for the particular rental period in the stead of the determination made by the Minister. Where the lessee does not notify the Minister in writing in accordance with the provisions of this paragraph, the annual rent in respect of the lease for the particular rental period is that determined by the Minister. Annual rent in all cases shall be determined in whole dollars.".

Land Act Amendment Act 1985, No. 6 45 14. Amendment of s. 76. Opening notification ( 1910 , s. 45). Section 76 of the Principal Act is amended by omitting the words "rent per square kilometre per annum or the total". 15. Amendment of s. 77 . Applications ( 1910 , s. 45). Section 77 of the Principal Act is amended by, in subsection (3), inserting at the end of paragraph (b) the following subparagraph:- "Bids shall be made in whole dollars.". 16. Amendment of s. 78 . Licenses may be granted without previous notification ( 1910 , s. 46). Section 78 of the Principal Act is amended by- (a) in subsection (1), omitting the words "per square kilometre or such total annual rent as may be determined by the Minister." and substituting the words "as the Minister determines."; (b) in subsection (2), omitting the words "per square kilometre or such total annual rent". 17. Amendment of s. 79. Provisions applicable to occupation licenses (1910, s . 47). Section 79 of the Principal Act is amended by. in subsection (2), omitting the final paragraph (being the paragraph commencing with the words "In no case") and substituting the following paragraphs:- "The annual rent shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). This provision does not apply to affect the rent of a license subsisting immediately prior to the publication in the Gazette of an Order in Council pursuant to which another minimum amount is determined by the Governor in Council: but that other amount (in the absence of a further Order in Council) shall be the minimum amount in respect of any renewal of that licenser Annual rent in all cases shall be determined in whole dollars.". 18. Amendment of s. 81. Opening land for selection and withdrawing the same ( 1910, s . 48). Section 81 of the Principal Act is amended by, in subsection (1), omitting the words "either as surveyed land or as designed land pursuant to a method of application as in this Division provided". 19. Repeal of s. 82. Section 82 of the Principal Act is repealed. 20. Amendment of s. 86 . Maximum area which may be held in the State ( 1910 , s. 53). Section 86 of the Principal Act is amended by- (a) in the note to the section, omitting the words " in the State" and substituting the words " as grazing homestead perpetual lease": (b) omitting subsection (1) and substituting the following subsection:- "(1) Subject to this Act, a person shall not at the same time apply for or hold two or more grazing homestead perpetual

46 Land Act Amendment Act 1985, No. 6 leases, the aggregate of the areas of which are or would be substantially in excess of two living areas."; (c) omitting subsection (2). 21. Amendment of s. 87 . Section 87 of the Principal Act is amended by, in subsection (1)- (a) omitting the words "per hectare to be paid for each portion;" occurring in paragraph (d) and substituting the words "to be paid in respect of each grazing homestead perpetual lease;"; (b) omitting the words "(at an amount per hectare) the purchasing price at which the lessee may purchase the land in fee-simple." occurring in paragraph (g) and substituting the words "the purchasing price.". 22. Repeal of s. 92. Maximum holding as grazing homestead perpetual lease (1910, s. 52). Section 92 of the Principal Act is repealed. 23. Repeal of s. 93. Restriction on selection by pastoral lessees ( 1910 , ss. 53 and 53A). Section 93 of the Principal Act is repealed. 24. Amendment of s. 94 . Joint ownership ( 1910 , s. 60). Section 94 of the Principal Act is amended by, in subsection (1), omitting the words "and at an annual rental respectively" where twice occurring in paragraph (b). 25. Amendment of s. 96 . Section 96 of the Principal Act is amended by- (a) in subsection (3), omitting the words "and at an annual rental respectively"; (b) in subsection (6)- (i) omitting the expression "(a)"; (ii) omitting the words "and rental". 26. Amendment of s. 99 . Section 99 of the Principal Act is amended by, in subsection (1), omitting the words ", as the case may be". 27. Repeal of s. 128 . Savings. Section 128 of the Principal Act is repealed. 28. Repeal of s. 129 . Conversion of existing tenures. Section 129 of the Principal Act is repealed.

Land Act Amendment Act 1985, No. 6 47 29. Amendment of s. 131. Section 131 of the Principal Act is amended by- (a) inserting as a note to the section, between the expression "131." and the expression "(1)", the words "Nature of tenure and conditions of lease."; (b) in subsection (3)- (i) omitting the paragraph commencing with the words "In no case" and substituting the following paragraph:- "The annual rent shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from 1 January next following the date of publication of the Order in Council in the Gazette in the case of a lease subsisting immediately prior to such date of publication."; (ii) omitting the last two paragraphs (being the paragraphs commencing with the words "The annual rent" and "Notwithstanding this subsection" respectively) and substituting the following paragraphs:- "The Minister shall determine the annual rent for the second and each subsequent rental period, and, upon making such determination, he shall notify the lessee in writing of it. In any case where the amount of the annual rent determined by the Minister exceeds the minimum rent prescribed by this subsection, the lessee, within 42 days after the giving to him of the notification of the Minister's determination of annual rent for the rental period in question, may notify the Minister in writing that he requires the annual rent to be determined by the Court. Upon being so notified by the lessee, the Minister shall refer the matter to the Court for hearing and determination. The determination made by the Court or, upon an appeal therefrom to the Land Appeal Court, a determination of the Land Appeal Court that is at variance with the determination of the Court shall be the determination of the annual rent in respect of the lease in question for the particular rental period in the stead of the determination made by the Minister. Where the lessee does not notify the Minister in writing as hereinbefore provided, the annual rent in respect of the lease for the particular rental period is that determined by the Minister. Annual rent in all cases shall be determined in whole dollars.".

48 Land Act Amendment Act 1985, No. 6 30 Amendment of s. 140 . Matter to be certified by the Commission (1959 , s. 26). Section 140 of the Principal Act is amended by- (a) in subsection (3), omitting the word "or" occurring before paragraph (b); (b) in subsection (5), omitting the word "express" and substituting the words "make reference to". 31. Repeal of s. 145. Area limitation under this Act not to prejudice application for conversion of tenure (1957, s. 6, 1959 , s. 29). Section 145 of the Principal Act is repealed. 32. Repeal of s. 145A. Application of area limitations under this Act to grazing homestead freeholding lease . Section 145A of the Principal Act is repealed. 33. Amendment of s. 147B. Reservation for purposes of forest management . Section 147B of the Principal Act is amended by- (a) in subsection (1). omitting the words "expressed in the following terms" and substituting the words "as follows"; (b) omitting subsection (2) and substituting the following subsection:- "(2) The area to which the reservation of forest products relates- (a) shall be of a regular shape, as far as practicable, and may be identified by means of a plan, meeting the requirements of the Surveyors Act 1977-1983 and the regulations made thereunder, that delineates the area; (b) shall be surveyed at the cost of the Conservator of Forests by a licensed surveyor if a field survey is required by the Surveyor-General or the Registrar of Titles; (c) if it is not identified by a field survey, shall be marked on the ground by whatever means are acceptable to the Surveyor-General.". 34. Repeal of s. 148 . Application of Division . Repeal of divisional heading. Section 148 of the Principal Act and the divisional heading immediately preceding that section are repealed. 35. Repeal of s. 149. Conversion of selection tenures ( 1910 , s. 96). Section 149 of the Principal Act is repealed. 36. Amendment of s. 158 . Section 158 of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting the words "Subject to subsection (2) of this section, the" and substituting the word "The"; (c) omitting subsection (2).

Land Act Amendment Act 1985, No. 6 49 37. Amendment of s. 164 . When late lessee to receive offer of new lease ( 1910, s. 72 ). Section 164 of the Principal Act is amended by, in subsection (2)- (a) omitting the words "Subject to paragraph (c) of this subsection, the" occurring in paragraph (b) and substituting the word "The"; (b) omitting paragraph (c). 38. Amendment of s. 170. Land may be sold by auction or withdrawn (1910 , s. 115 ). Section 170 of the Principal Act is amended by, in subsection (3), omitting all words occurring after the words "land shall not" and substituting the words "substantially exceed a living area.". 39. Repeal of ss. 185, 186 and 187 . Sections 185, 186 and 187 of the Principal Act are repealed. 40. Amendment of s. 190 . Section 190 of the Principal Act is amended by- (a) omitting subsection (1); (b) in subsection (2)- (i) omitting the words "by the Court" occurring in paragraph (a) and in paragraph (d); (ii) omitting the words "Court's determination, such" occurring in paragraph (d) and substituting the words "determination of the annual rent, the"; (iii) omitting the word "matters." occurring in paragraph (f) (ii) and substituting the word "matters". 41. Amendment of s. 204 . Terms and conditions of special lease. Section 204 of the Principal Act is amended by omitting subsection (5C) and substituting the following subsection:- "(5C) The annual rent shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from I January next following the date of publication of the Order in Council in the Gazette in the case of a lease subsisting immediately prior to such date of publication. Annual rent in all cases shall be determined in whole dollars.".

50 Land Act Amendment Act 1985, No. 6 42. Amendment of s. 209. Sale or lease of Crown land to a religious body for erection of church buildings ( 1910 , s. 175A). Section 209 of the Principal Act is amended by- (a) in paragraph (b) of subsection (2), omitting the words "pound ten shillings" and substituting the words "dollar fifty cents"; (b) in paragraph (c) of subsection (2)- (i) omitting the words "by the Court"; (ii) omitting the words "pound ten shillings" and substituting the words "dollar fifty cents"; (iii) omitting the word "pounds" and substituting the word "dollars"; (iv) omitting the words "succeeding rental period shall be determined in accordance with the provisions of subsection (4) of section one hundred and eighty-eight of this Act." and substituting the words "subsequent rental period shall be determined in accordance with section 212.". 43. Amendment of s. 212. Section 212 of the Principal Act is amended by- (a) omitting the note to the section and substituting the note "Nature and conditions of leases under this Division."; (b) omitting subsection (1) and substituting the following subsection:- "(1) Every lease issued under this Division shall be distinguished in the records of the Department and be endorsed as a perpetual town lease (non-competitive lease), perpetual suburban lease (non-competitive lease ) or perpetual country lease (non-competitive lease), as the case may be."; (c) omitting subsections (4), (5), (6) and (7) and substituting the following subsections:- "(4) The annual rent payable during each rental period shall be a sum equal to 3 per centum of the unimproved capital value of the land comprised in the lease as determined by the Minister as if it were held in fee-simple at the date of commencement of the rental period in question. (5) The Minister shall notify the lessee in writing of the annual rent for the rental period in question. (6) In any case where, in respect of the annual rent payable during the second and each subsequent rental period of the lease, the amount of the annual rent determined by the Minister exceeds $500, the lessee, within 42 days after the giving to him of the notification of the Minister's determination of annual rent for the rental period in question, may notify the Minister in writing that he requires the annual rent to be determined by the Court. (7) Upon being so notified by the lessee, the Minister shall refer the matter to the Court for hearing and determination.

Land Act Amendment Act 1985, No. 6 5I (8) The determination made by the Court or, upon an appeal therefrom to the Land Appeal Court, a determination of the Land Appeal Court that is at variance with the determination of the Court shall be the determination of the annual rent in respect of the lease in question for the particular rental period in the stead of the determination made by the Minister. (9) The determination of the Court or, as the case may be, the Land Appeal Court shall be of a sum equal to 3 per centum of the unimproved capital value of the land comprised in the lease as determined by it as if the land were held in fee-simple at the date of commencement of the rental period in question. (10) Where the lessee does not notify the Minister in writing in accordance with the provisions of subsection (6), the annual rent in respect of the lease for the particular rental period is that determined by the Minister. (11) The annual rent shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from the quarter day next following the date of publication of the Order in Council in the Gazette that is the anniversary of the quarter day on which the lease commenced in the case of a lease subsisting immediately prior to such date of publication. (12) A determination of annual rent that is not in whole dollars shall be taken to be a determination in whole dollars without reference to the amount that is less than one dollar."; (d) renumbering the existing subsection (8) as subsection (13). 44. Amendment of s. 214. Development leases ( 8 Eliz. H . No. 25, s. 2). Section 214 of the Principal Act is amended by omitting subsection (3A) and substituting the following subsection:- "(3A) The annual rent shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from 1 January next following the date of publication of the Order in Council in the Gazette in the case of a lease subsisting immediately prior to such date of publication.". 45. Amendment of s. 229. Section 229 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "instrument of lease or license which" the words ", save as is provided in subsection (3),"; (b) in subsection (2), inserting after the words "new instrument of title, which" the words ", save as is provided in subsection (3),"; (c) inserting after subsection (2) the following subsection:- "(3) In any provisional or new instrument that the Minister causes to be issued pursuant to this section, it shall not be

Land Act Amendment Act 1985, No. 6 necessary to include any map or plan such as may have appeared in the previous instrument.". 46. Amendment of s. 235. Section 235 of the Principal Act is amended by, in subsection (3), omitting- (a) the words "(taking into account the aggregate of the rents of all such holdings for the first rental periods thereof)"; (b) the words "and annual rental"; (c) the word "respectively"; and (d) the words "and total annual rental". 47. Amendment of s. 246. Lessee may elect to have rent for first period determined by Land Court ( 1958 , s. 18). Section 246 of the Principal Act is amended by, in subsection (1), inserting after the words "determined by the Court" the words "in any case where the Minister has determined the annual rent to be an amount in excess of the minimum rent prescribed by this Act in respect of annual rent, that is to say, $30 or such other amount in lieu thereof as is determined by the Governor in Council". 48. Amendment of s. 248. Rent to be paid pending re-assessment (1910, s. 128). Section 248 of the Principal Act is amended by- (a) in subsection (1), omitting the first paragraph and substituting the following paragraph:- "The fact that a determination of the rent of a holding in respect of a rental period for which the rent is determinable has not been made does not affect the liability of the lessee to pay rent."; (b) in subsection (3), omitting the words "referred to the Court the matter of such" and substituting the words "made his". 49. New s. 249A. The Principal Act is amended by inserting after section 249 the following section:- "249A. Adjustment of rent consequent upon adjustment of area . Where anything is done in accordance with any provision of this Act with respect to adjustment of area as a consequence of which any rent payable is subject to adjustment, the rent thereupon payable where not in whole dollars shall be expressed to the nearest whole dollar.". 50. Amendment of s. 270. Amalgamation of contiguous holdings (1910 , s. 167). Section 270 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) An amalgamation of grazing homestead perpetual leases shall not be permitted in any case where the aggregated area would substantially exceed a living area."

Land Act Amendment Act 1985, No. 6 53 51. Amendment of s. 271. Subdivision of holdings , etc. (1910, s. 168 ). Section 271 of the Principal Act is amended by, in subsection (5), inserting after the words "determined by" the words "the Minister or, where it is to be determined by the Court pursuant to this Act,". 52. Repeal of s. 287 . Permission to transfer notwithstanding area limitations , etc. Section 287 of the Principal Act is repealed. 53. Repeal of s. 294. Partnerships ( 1910 , s. 130A ( 6)). Repeal of divisional heading. The Principal Act is amended by repealing section 294 and the divisional heading immediately preceding that section. 54. Amendment of s. 295 . Forfeiture for breach of condition (1910, s. 130 (2)). Section 295 of the Principal Act is amended by, in paragraph (b), omitting the words "(other than a partnership agreement)". 55. Amendment of s. 296. Forfeiture for fraud , etc. (1910, s. 130 (1)). Section 296 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) Any person who, save as prescribed, acquires or holds as a trustee, agent or servant of or for any other person any preferential pastoral holding or selection or any interest in any such holding shall be deemed to have acquired or to hold the holding or his interest therein by fraud upon this Act, and shall be liable in respect of such holding or interest to the forfeitures prescribed.". 56. Amendment of s. 334. Grants and reservations for public purposes (1910 , s. 180 ). Section 334 of the Principal Act is amended by, in subsection (5), omitting the word "park" " and substituting the word "park...... 57. Amendment of s. 359. Sale of reservation which is not required (1910, s. 191). Section 359 of the Principal Act is amended by omitting subsection (3). 58. Repeal of and new s. 363 . The Principal Act is amended by repealing section 363 and substituting the following section:- "363. Closure of road on application by registered proprietor or lessee of adjoining land (1910 , s. 192 ). (1) The registered proprietor of land held in fee-simple or the lessee of land held from the Crown under this Act or any other Act whose land adjoins a road that he considers is not required for public use may make application in writing to the Minister for the permanent or temporary closure of that road. Trustees of a reserve, appointed under Division II of Part XI, with the approval in writing of the Minister first had and obtained, may make application under this subsection for the closure of a road and for the purposes of this Division shall be deemed to be registered proprietors of the reserve in question.

54 Land Act Amendment Act 1985, No. 6 (2) The Minister shall consider every application under subsection (1) received by him and if he is satisfied that the application is frivolous or vexatious he may refuse it but otherwise he shall cause notice thereof- (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 the Area of which the road in question is situated. Where the application relates to land held in fee-simple, the Minister shall forward to the Real Property Office a copy of the notice. The notice shall specify- (A) a date, being a date not less than one month and not more than two months after the date of the notice, on or before which; (B) a place at which; and (C) the person to whom objections to the application may be lodged. The notice required to be given under subparagraph (b) of the first paragraph of this subsection 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. (3) The Minister shall consider the objections , if any, received by him and all statements and reports submitted to him with respect to the application . If upon such consideration he is of the opinion that the road is required for public use, he shall refuse the application, but if upon such consideration he is of the opinion that the road is not required for public use, he may recommend to the Governor in Council that the application nevertheless be refused or that it be approved, and the Governor in Council , after giving consideration to such recommendation, may refuse the application or approve it absolutely or subject

Land Act Amendment Act 1985, No. 6 55 to such modifications, limitations, restrictions or qualifications as he thinks fit. The Governor in Council by notification published in the Gazette may grant the closure of the road in question in accordance with his approval of the application; and the road shall thereupon, by virtue of such published notification, be closed in accordance with such approval. (4) Failure by the Minister to comply with a requirement of subsection (2) shall not, by reason only of such failure, prejudice or in any way affect the closure of a road granted under this section and, notwithstanding such failure, the closure shall be and continue to be of full force and effect.". 59. Repeal of and new s. 365 . The Principal Act is amended by repealing section 365 and substituting the following section:- "365. Power of Governor in Council with respect to lana comprised in permanently closed road ( 1910 , s. 193). (1) Land comprised in a road that has been permanently closed pursuant to section 363 may be dealt with in accordance with this section. (2) Where the applicant for the closure of the road in question is the registered proprietor of land held in fee-simple, the Governor in Council- (a) may sell to- (i) that proprietor or to any other registered proprietor of land held in fee-simple whose land adjoins that road the land comprising the road that has been closed; or (ii) any one or more of them that proprietor and any other registered proprietor as aforesaid such part or parts of the land comprising the road that has been closed as the Governor in Council determines, at a price recommended by the Minister as a reasonable price; and (b) may grant to each such proprietor- (i) a fresh deed of grant in accordance with section 9; or (ii) where the Governor in Council considers it appropriate so to do, a deed of grant in respect of the land comprised in the road or the part thereof that has been sold. (3) (a) Where the applicant for the closure of the road in question is the lessee of land held from the Crown under this Act or any other Act, the Governor in Council may order that the land comprised in the road in question or such part thereof as the Governor in Council determines be added to the land so held from the Crown by the applicant or'to other adjoining lands respectively so held by several lessees.

56 Land Act Amendment Act 1985, No. 6 (b) The area of land comprised in a lease to which land has been added pursuant to paragraph (a) shall be adjusted according to the area so added. (c) Save where the Minister on the recommendation of the Commission otherwise determines and subject to subsection (4). the rent of each lease concerned shall be adjusted according to the area added pursuant to this subsection. (4) Notwithstanding subsection (3), the Minister, on the recommendation of the Commission, may determine that a lessee to whom that subsection applies shall pay to the Crown a capital sum of an amount determined by the Minister in respect of land added pursuant to that subsection in the stead of payment, subsequent to an adjustment of the area of land following that addition, of moneys by way of rent assessed in accordance with that adjustment. Upon a determination pursuant to this subsection, the lessee shall pay to the Crown in respect of the land in question the capital sum so determined. (5) Where rental periods in respect of a lease of land to which further land is to be added upon the closure of a road under section 363 are specified in accordance with the Land Act and Another Act Amendment Act 1981, then- (a) in a case where the first rental period has not expired, the annual rent of the lease for the balance of the first rental period shall be the amount calculated by adding to the annual rent payable in respect of the lease immediately prior to the date of the proposed addition an amount calculated by dividing the amount of the capital value of the land to be so added by the number of years comprising the residue of the first rental period immediately prior to the date of the proposed addition; (b) in every other case, the capital value of the land to be added shall be paid to the Crown prior to the addition of the further land. (6) Where the area of the land comprised in the road permanently closed is in the opinion of the Governor in Council sufficient in extent to be used economically and profitably by a person other than the registered proprietor or lessee of adjoining land, he may cause that land or such part thereof as he determines to be dealt with or disposed of in any manner in which Crown land may be dealt with or disposed of under this Act. (7) Where by reason of the permanent closure of a road or part of a road pursuant to this Division any description or particular in respect of the land held in fee-simple as shown in a subsisting title other than the title of the applicant for the closure ceases to be an appropriate description or particular in respect of that land, the Secretary shall lodge with each of them the Registrar of Titles and the Surveyor-General a copy of the

Land Act Amendment Act 1985, No. 6 57 notification published in the Gazette with respect to the closure of the road in question. Thereupon the Registrar of Titles and the Surveyor-General shall make all entries or endorsements in the appropriate registers or records as they think necessary to record the closure of the road in question.". 60. Repeal of and new s . 366. The Principal Act is amended by repealing section 366 and substituting the following section:- "366. Road licence over land comprising road temporarily closed . (1) In respect of land comprised in a road that has been temporarily closed pursuant to section 363, the Minister may grant to a registered proprietor or lessee of adjoining land a road licence and issue such licence to him in the prescribed form. The Minister may grant the licence subject to such conditions as he thinks fit and thereupon it shall be subject to those conditions. (2) A road licence granted and issued under this section shall authorize the registered proprietor or, as the case may be, lessee of the adjoining land to whom it is granted and his successors to enclose the road in question and, subject to subsections (1) and (10), to keep it enclosed for so long as he or they shall pay the annual rent determined by the Minister in respect thereof. The annual rent shall be payable in advance on I January in every year during the currency of the licence. (3) Annual rent payable in respect of a road licence shall not in any case be less than $30 or such other amount as the Governor in Council may from time to time determine by Order in Council (he being hereby thereunto authorized). Where the Governor in Council so determines another amount, that amount is not applicable until on and from 1 January next following the date of publication of the Order in Council in the Gazette in the case of a road licence subsisting immediately prior to such date of publication. Notwithstanding the foregoing, the minimum rental for which this subsection provides is not applicable in respect of a road licence subsisting at the commencement of the Land Act Amendment Act 1985 until I January 1986. Annual rent in all cases shall be determined in whole dollars. (4) Subject to subsection (3), the Minister, on or before I December in any year, may adjust the annual rent payable in respect of a road licence by increasing or decreasing the amount of annual rent then payable, and the adjusted rent shall apply in respect of the year next following and, subject to this Act, thereafter. Upon determining such an adjustment, the Minister shall give notice in writing to the licensee accordingly and advise him 3

58 Land Act .-amendment Act 1985, No. 6 of the adjustment and the adjusted rent, and that rent shall be payable on and from 1 January in the year next following the date of the adjustment. (5) Section 249 applies, with and subject to all necessary adaptations, to a road licence. (6) Where a licensee- (a) fails to comply with this Act generally or a special condition imposed with respect to his road licence; (b) ceases to be the registered proprietor or, as the case may be, lessee of the land adjoining the road the subject of the temporary closure, the Minister, without any further inquiry or other action, may cancel the licence granted to that licensee. (7) A licensee under a road licence may, with the consent of the Minister, transfer his licence subject to the condition that the land comprised in the licence remains at all times enclosed with the land with which it was authorized to be enclosed at the time the licence was granted. (8) A licensee under a road licence may surrender his licence- (a) voluntarily; or (b) by an arrangement made by him with the Minister. Registration fees shall not be payable in the case of a surrender of a road licence by arrangement with the Minister. (9) A transfer, surrender, forfeiture or cancellation under this section shall be registered in the appropriate register kept in the office in Brisbane of the Department. (10) The Governor in Council, where it appears to him at any time that it would be expedient to re-open a road in respect of which a road licence has been granted under this section, may, upon giving to the licensee thereof reasonable notice of his intention so to do, cancel that licence. Thereupon the road shall again become open as a road for public use. Notification of a cancellation of a road licence under this subsection shall be published in the Gazette. (11) Upon the surrender, forfeiture or cancellation of a road licence otherwise than under subsection (10), the road in respect of which the licence was granted shall remain a temporarily closed road and the Minister- (a) may grant a road licence to another person whose land adjoins the land comprised in the road so closed; (b) may grant to a Local Authority or a person or body lawfully entitled to construct or make works

Land Act Amendment Act 1985, No. 6 59 permission to occupy the land comprised in the road so closed; (c) may recommend to the Governor in Council that the land comprised in the road so closed again become open as a road for public use. Upon a recommendation made under paragraph (c), the Governor in Council, by notification published in the Gazette, may declare that the land comprised in the road so closed shall again become open as a road for public use, and upon such publication the land in question shall become so open.". 61. Repeal of and new s. 368 . The Principal Act is amended by repealing section 368 and substituting the following section:- "368. Closure of road where recommended by Minister or upon application of Local Authority. (1) The Governor in Council, by notification published in the Gazette, may close a road either permanently or temporarily- (a) upon the recommendation of the Minister made after due inquiry and such public notice as the Minister thinks fit and a finding by the Minister that the road is not required for public use; or (b) upon the application of the Local Authority in the Area of which the road is situated, made with respect to that road and dealt with in accordance with the provisions contained in paragraph (a). (2) The land comprised in a road closed permanently by the Governor in Council pursuant to paragraph (a) or (b) of subsection (1) may be dealt with and disposed of in any way in which Crown land may be dealt with and disposed of under this Act. (3) Where the road is closed temporarily pursuant to this section, section 366 shall apply, with and subject to all necessary adaptations. (4) The powers of the Governor in Council under this section are additional to and do not limit his powers under any other provision of this Act with respect to closure of roads.". 62. Repeal of and new s . 372. The Principal Act is amended by repealing section 372 and substituting the following section:- "372. Trespass to Crown land, etc., and removal of trespassers. (1) A person, other than one who claims lawfully under- (a) a subsisting lease or licence or otherwise under this Act or any other Act; or (b) a prior authority in writing of the Minister or Commission or other person or body having power to grant such authority,

60 Land Act Amendment Act 1985, No. 6 who- (i) occupies or resides on; (ii) encloses; (iii) erects, constructs, places or maintains any structure, improvement, work or thing on; (iv) clears (which term includes destroying trees), digs up or cultivates; or (v) depastures or causes to be depastured stock on Crown land or a road or a reserve, whether or not under the control of trustees, is guilty of an offence. Penalty: Minimum $100; Maximum $1 000. (2) (a) Upon a conviction for an offence under subsection (1) with respect to clearing, digging up or cultivating Crown land or a road or reserve, the offender is liable, in addition to the prescribed penalty, for all loss or damage caused by him thereto. (b) The Magistrates Court shall admit in the proceeding for the offence evidence proving or tending to prove the monetary amount of the loss or damage so caused and shall make an assessment of such amount thereof as is proved to its satisfaction. (c) Upon the conviction, the Magistrates Court, in addition to the penalty imposed, shall order the offender to pay to the Crown the amount so assessed. (d) In assessing that amount, the Magistrates Court, in addition to the consideration by it of all other relevant matters and subject to the evidence adduced, shall have regard to- (n) the value of every tree destroyed, which shall be taken to be the price ordinarily obtainable on the sale thereof if every such tree were then standing on the Crown land, road or reserve in question; (ii) the costs and expenses that would be incurred in restoring the Crown land, road or reserve in question to its former condition. (3) Upon a conviction for an offence under subsection (1), the Magistrates Court, whether or not a penalty is imposed, may, on the application of the complainant- (a) issue its warrant requiring the member of the police force executing it forthwith to remove from the Crown land, road or reserve in respect of which the offence was committed the offender and all persons claiming under or through him together with his and their goods and effects and to give possession of the Crown land, road or reserve to the Crown or a duly authorized agent of the Crown; (b) make an order directed to the offender requiring him to remove, within the time specified in the order, any structure, improvement, work or thing erected,

Land Act Amendment Act 1985, No. 6 61 constructed, placed, maintained or kept on the Crown land, road or reserve in respect of which the offence was committed. (4) (a) The warrant may be directed either to any member or members of the police force by name or generally to all members of the police force without naming them, or to both. (b) Where the warrant is directed to all members of the police force, any member may execute it as if it were directed specially to him by name. (5) In and for the purpose of executing the warrant, a member of the police force- (a) may use such force as is reasonably necessary in order to comply with its requirements; (b) may call to his aid any other member of the police force. (6) A person who fails to comply with an order referred to in subsection (3) (b) directed to him within the time specified therein is guilty of an offence. Penalty: $1 000, and daily penalty, if the offence is continued after conviction therefor, $200 for every day on which the offence is so continued.". 63. Repeal of and new s . 373. The Principal Act is amended by repealing section 373 and substituting the following section:- "373. Removal of trespassers , etc.-other provision . (1) Any Commissioner or officer authorized in that behalf in writing by the Minister who believes on reasonable grounds that a person- (a) is in unlawful occupation of Crown land or a road or a reserve, whether or not under the control of trustees; (b) is in possession of Crown land under colour of a purchase, lease, licence or other authority under this Act or any other Act or the authority in writing of the Minister or Commission or other person or body having power to grant such authority that has been terminated by forfeiture, cancellation or otherwise may make a complaint before a justice of the peace in that respect. (2) The matter of the complaint may be heard and determined in a summary way under the Justices Act 1886-1982 and, upon the Magistrates Court being satisfied of the truth thereof, it may issue its warrant requiring the member of the police force executing it forthwith to remove from the Crown land, road or reserve in question the person named in the warrant and all persons claiming under or through him together with his and their goods and effects and to give possession of the Crown land, road or reserve to the Crown or a duly authorized agent of the Crown.

62 Land Act Amendment Act 1985, No. 6 (3) Any of them a lessee or his manager or a licensee or permittee of land held from the Crown under this Act or any other Act or under the authority in writing of the Minister or Commission or other person or body having power to grant such authority or a person who is purchasing any land from the Crown who believes on reasonable grounds that any person is in unlawful occupation of the land so held or being purchased or any part thereof may make a complaint before a justice of the peace in that respect. (4) The matter of the complaint may be heard and determined in a summary way under the Justices Act 1886-1982 and, upon the Magistrates Court being satisfied of the truth thereof, it may issue its warrant requiring the member of the police force executing it forthwith to remove from the land in question held or being purchased from the Crown the person named in the warrant and all persons claiming under or through him together with his and their goods and effects and to give possession of such land to the complainant or his duly authorized agent. (5) The provisions of subsections (4) and (5) of section 372 are applicable with respect to warrants issued pursuant to subsection (2) or subsection (4) of this section. (6) (a) Where it is made to appear to the Minister that there is on Crown land or a road or reserve any structure. improvement, work or thing of any kind. he may by writing signed by him appoint a designated officer for the purpose of making such investigation and inquiry into the matter as the Minister determines. (b) Notification of the appointment and the matter into which investigation and inquiry is to be made shall be published at least once in a newspaper circulating in the locality of, and shall be exhibited in a conspicuous position on, the Crown land. road or reserve in question. (7) Without limiting the powers. conferred on the Minister by subsection (6), the following matters are matters that may be made the subject of the investigation and inquiry authorized by that subsection:- (a) the existence, nature and extent of the structure, improvement, work or thing and how it came into existence: (b) whether the structure, improvement, work or thing was erected, constructed or placed or is maintained or kept under a subsisting lease or licence or other authority under this Act or any other Act or under the authority in writing of the Minister or Commission or other person or body having power to grant such authority. (8) The designated officer shall conduct the investigation and inquiry authorized under subsection (6) and, upon completion thereof, shall report to the Minister in writing thereon.

Land Act Amendment Act 1985, No. 6 63 (9) Where the Minister is satisfied following the report of the designated officer that the structure, improvement, work or other thing in question- (a) is on Crown land, a road or reserve; and (b) was erected and is in existence otherwise than under a subsisting lease, licence or other authority under this Act or any other act or under the authority in writing of the Minister or Commission or other person or body having power to grant such authority, he may make a declaration accordingly by notification published in the Gazette and thereupon the structure, improvement, work or other thing in question shall be deemed to be the property of the Crown. (10) Subject to subsection (18), the Minister, at any time after the making of a declaration pursuant to subsection (9), may make an order directing that the structure, improvement, work or other thing specified in the order be removed from the Crown land, road or reserve specified in the order. (11) A person to whom an order made under subsection (10) is directed may enter at any time the Crown land, road or reserve specified in the order with such and so many assistants, vehicles, materials, machinery and equipment as he considers necessary and remove therefrom by demolition or otherwise howsoever the structure, improvement, work or other thing so specified. (12) Where a person to whom an order made under subsection (10) is directed is obstructed or believes on reasonable grounds that he may be obstructed in the exercise of the powers and authorities conferred on him by subsection (11), he may call to his aid a member of the police force who shall thereupon have in addition to his powers as a member of the police force the same powers, authorities, protection and immunity as the person to whom the order is directed and shall assist him in the exercise of those powers and authorities; and, for the purpose of compliance with the directions contained in the order. each of them the person to whom the order is directed and the member of the police force may use such force as is reasonably necessary. (13) The member of the police force may require any person- (a) obstructing the person to whom the order is directed or him; or (b) whom the person to whom the order is directed or he believes on reasonable grounds may obstruct either or both of them to state his name and address or name or address and, if he suspects on reasonable grounds that the name and address or name or address stated is false, may require evidence of the correctness thereof.

64 Land Act Amendment Act 1985, No. 6 (14) A person so required to state his name and address or name or address who- (a) refuses or fails to do so; or (b) states a false name and address or false name or false address is guilty of an offence. Penalty: $500. (15) A person required pursuant to subsection (13) to produce evidence of the correctness of the name and address or name or address stated by him who- (a) refuses or fails to produce that evidence; or (b) produces false evidence with respect thereto is guilty of an offence. Penalty: $500. (16) If the person refuses or fails to state his name and address or name or address or to produce evidence of the correctness of the name and address or name or address stated by him when required to do so under this section, the member of the police force shall caution him and, if he still persists in such refusal or failure or gives a name and address or name or address that in the opinion of the member of the police force is false, may arrest him without warrant and take him as soon as practicable before a justice to be dealt with according to law. (17) (a) The person who erected, constructed, placed, maintained or kept on Crown land, a road or reserve any structure, improvement, work or thing in respect of which an order is made under subsection (10) may be charged with the costs and expenses incurred in the removal thereof from such Crown land, road or reserve, and a certificate signed by the Minister setting forth the amount of such costs and expenses shall, in a proceeding under and for the purposes of this Act, be evidence and, in the absence of evidence to the contrary, conclusive evidence thereof. (b) Costs and expenses referred to in this subsection remaining unpaid are debts due to the Crown and may be recovered- (i) in a summary way under the Justices Act 1886-1982; or (ii) by action as for a debt in a court of competent jurisdiction. (18) Notwithstanding subsection (10) and without derogating in any way from the powers conferred on the Minister thereby, the Minister, before taking the action set forth therein, may, by an order in writing signed by him, require the person who erected, constructed, placed, maintained or kept on the Crown land, road or reserve in question any structure, improvement, work or thing in respect of which the Minister has made a

Land Act Amendment Act 1985, No. 6 65 declaration under subsection (9) to remove therefrom, at his own cost and expense and within the time specified in the order, that structure, improvement, work or thing.". 64. New s . 373A. The Principal Act is amended by inserting after section 373 the following section:- "373A . Prevention of breach of the peace , etc., in relation to Crown land or reserve . (1) The Minister on behalf of Her Majesty, by writing signed by him addressed to the Commissioner of Police, may request the Commissioner to direct any member or members of the police force nominated by the Commissioner to take such action as is necessary to- (a) prevent the entry upon Crown land or a reserve of; or (b) remove from Crown land or a reserve three or more persons not claiming lawfully to be thereon under any subsisting lease or licence or other authority under this Act or any other Act or the authority in writing of the Minister or Commission or other person or body having power to grant such authority in any case where the Minister believes on reasonable grounds that the presence on the Crown land or reserve of an assembly of three or more persons. not claiming lawfully to be thereon as aforesaid, is likely to cause- (i) a breach of the peace: (ii) a nuisance to persons in the neighbourhood by the creation of excessive noise or otherwise; (iii) a risk to public health or public safety: or (iv) an adverse effect contrary to the public interest generally. (2) In any case to which this section relates, proof that the presence or anticipated presence of persons on any Crown land or reserve in question is lawful under a subsisting lease or licence or other authority under this Act or any other Act or the authority in writing of the Minister or Commission or other person or body having power to grant such authority is upon those persons. (3) .any member of the police force who is given a direction by the Commissioner of Police under this section shall do and perform such acts, matters and things as are contained in that direction, and the direction shall be sufficient authority for the member of the police force to do and perform such acts. matters and things. (4) Any act. matter or thing done or performed by a member of the police force acting within the scope of his authority in compliance with a direction given to him under this section by the Commissioner of Police shall not subject him or the Commissioner or the Crown to any action. liability, claim or demand.

66 Land Act Amendment Act 1985, No. 6 (5) (a) A person who is removed from Crown land or a reserve pursuant to the provisions of this section shall not re-enter that Crown land or reserve within 48 hours of the time of his removal. Penalty: $500. (b) A person who contravenes paragraph (a) may be arrested without warrant by any member of the police force. (6) (a) Any member of the police force may require any person re - entering. or whom he suspects on reasonable grounds of re-entering . Crown land or a reserve in contravention of subsection ( 5) to state his name and address or name or address and. if he suspects on reasonable grounds that the name and address or name or address stated is false . may require evidence of the correctness thereof. (b) A person so required to state his name and address or name or address who- (a) refuses or fails to do so: or (ii) states a false name and address or false name or false address is guilty of an offence. Penalty: $500. (c) A person required pursuant to paragraph (a) to produce evidence of the correctness of the name and address or name or address stated by him who- (i) refuses or fails to produce that evidence: or (ii) produces false evidence with respect thereto is guilty of an offence. Penalty: $500. (d) If the person refuses or fails to state his name and address or name or address or to produce evidence of the correctness of the name and address or name or address stated b- him when required to do so under this subsection. the member of the police force shall caution him and. if he still persists in such refusal or failure or gives a name and address or name or address that in the opinion of the member of the police force is false. may arrest him without warrant and take him as soon as practicable before a justice to be dealt with according to law.". 65. New s. 373B . The Principal Act is amended by inserting after section 373A as inserted by this Act the following section:- "373B . Application of Act No. 28 of 1971 to Crown land and reserves . (1) The Litter Act 1971-1978 (in this section referred to as "that Act"), with and subject to all necessary adaptations, shall be applicable in the case of Crown land and any reserve (other than a reserve under the control of trustees) and in respect thereof Crown land or. as the case may be . any such reserve shall be deemed to be a public place under that Act.

Land Act Amendment Act 1985, No. 6 67 (2) An officer of the Department, without any appointment or authority other than this section and for the purposes of the application of this section, shall be an authorized person under that Act. (3) A prosecution for an offence against that Act may be instituted, in relation to an offence committed on Crown land or any such reserve, by an officer of the Department. (4) For the purposes of the application of section 1 I of that Act, a penalty recovered in respect of a conviction as for an offence against that Act following a proceeding for that offence instituted by an officer of the Department shall be paid into Consolidated Revenue.". 66. Amendment of s. 377. Section 377 of the Principal Act is amended by- (a) in subsection (1), omitting the words "land ranger or" and substituting the words "a land inspector or an"; (b) in subsection (5), omitting the words "one hundred pounds" and substituting the expression "$200". 67. Amendment of Act No. 54 of 1984. (1) The Land Act Amendment Act 1984 is amended by- (a) in section 6, inserting after the word " "subsection" " the words "where first occurring"; (b) in section 48, omitting the word "dollars" and substituting the word "pounds". (2) Subsection (1) shall be deemed to have commenced on 15 May 1984 and shall have retrospective effect accordingly.