Land Act Amendment Act 1986 (Qld)

489 ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 31 of 1986 An Act to amend the Land Act 1962-1986 in certain particulars and for a related purpose 61 [ASSENTED TO 27TH AUGUST, 1 98

490 Land Act Amendment Act 1986, No. 31 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 1986. 2. Citation . (1) In this Act the Land Act 1962-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1986. 3. Amendment of s. 51. Additional requisites of opening notification for pastoral development holding. Section 51 of the principal Act is amended by- (a) omitting from the end of paragraph (a) the expression "," and substituting the expression "."; (b) omitting the expressions "- ( a)"; (c) omitting paragraph "(b)". 4. Amendment of s. 53 . Term of lease . Section 53 of the Principal Act is amended by- (a) omitting from subsection (1) the word "thirty" and substituting the expression "50"; (b) in subsection (2)- (i) omitting the word "fifty" and substituting the expression "60"; (ii) omitting the word "thirty" and substituting the expression "50" 5. Extension of term . (1) The term of lease of every pastoral holding, preferential pastoral holding or pastoral development holding subsisting immediately before the date of the passing of this Act is extended on and from that passing by 20 years, where the holding- (a) is wholly situated west of a line (in this section referred to as the "50 km line") delineated on plan M446 in the Department of Mapping and Surveying, which line indicates a distance approximately 50 km inland from the high water mark of the east coast of Queensland; and (b) is, in the opinion of the Minister, equal to or less than three living areas. (2) The lessee of a lease of every pastoral holding, preferential pastoral holding or pastoral development holding subsisting immediately before the date of the passing of this Act, where the holding- (a) is wholly or partly situated east of the 50 km line; or (b) is, in the opinion of the Minister , in excess of three living areas,

Land Act Amendment Act 1986, No. 31 491 may make application in writing to the Minister, not later than 12 months or such longer period as the Minister in his discretion may allow, after the date of the passing of this Act, to have the term of his lease extended. The Governor in Council may, on the recommendation of the Minister, extend the term of the lease to which the application relates for such period, not exceeding 20 years, as the Governor in Council determines: Provided that in the case of a lease of a pastoral development holding the term as extended shall not exceed the maximum term of lease available in respect of that holding under section 53 (2) of the Principal Act as amended by this Act. (3) Where an offer of a new lease of a pastoral holding, preferential pastoral holding or pastoral development holding has been made under Part VI of the Principal Act and that offer has not lapsed at the date of the passing of this Act and the holding- (a) is wholly situated west of the 50 km line; and (b) is, in the opinion of the Minister, equal to or less than three living areas, the offer shall be taken to be for the term expressed therein plus a period of 20 years: Provided that in the case of an offer of a new lease of a pastoral development holding the term so increased shall not exceed the maximum term of lease available in respect of that holding under section 53 (2) of the Principal Act as amended by this Act. (4) Where an offer of a new lease of a pastoral holding, preferential pastoral holding or pastoral development holding has been made under Part VI of the Principal Act and that offer has not lapsed at the date of the passing of this Act and the holding- (a) is wholly or partly situated east of the 50 km line; or (b) is, in the opinion of the Minister, in excess of three living areas, the Governor in Council may, on the recommendation of the Minister, extend the term of lease offered for such period, not exceeding 20 years, as the Governor in Council determines: Provided that in the case of an offer of a new lease of a pastoral development holding the term so extended shall not exceed the maximum term of lease available in respect of that holding under section 53 (2) of the Principal Act as amended by this Act. (5) Application for an extension of the term of lease referred to in subsection (4) may be made by the lessee or. as the case may be, former lessee concerned and, if made, shall be made in writing to the Minister

492 Land Act Amendment Act 1986, No. 31 not later than 12 months or such longer period as the Minister in his discretion may allow after the date of the passing of this Act. (6) The Registrar of Dealings shall make an appropriate noting on the instrument of lease and on the register sheet of every pastoral lease whose term is extended under this section. (7) Where in respect of a pastoral lease whose term is extended under this section the rental period current at the time the term is extended is less than 10 years that rental period shall continue until its expiration but each succeeding rental period in respect of that lease shall be 10 years: Provided that where at any time the term of the pastoral lease left to run after the expiration of the last but one rental period is less than 10 years the last rental period shall be of the same duration as the balance of the term of the lease. (8) Where the provisions of section 312 of the Principal Act are conditions of a pastoral lease, those conditions shall cease to apply, on and from the date of the passing of this Act. 6. Amendment of s. 61. Conditions generally. Section 61 of the Principal Act is amended by- (a) omitting from the end of paragraph (e) the expression "." and substituting the expression ";"; (b) inserting after paragraph (e) the following paragraph:- "(f) The lessee of a pastoral lease shall use that holding for pastoral or agricultural purposes or for such other purpose as the Minister has first approved in writing, and for no other purpose. The provisions of this paragraph shall apply to all pastoral leases which subsist at or are granted after the date of the passing of the Land Act Amendment Act 1986.". 7. Amendment of s. 65 . Restriction on improvements . Section 65 of the Principal Act is amended by- (a) in the first paragraph, omitting the words "within two years prior to the date from which resumption of part of the holding may be made pursuant to section three hundred and twelve of this Act or"; (b) in the second paragraph, omitting the words "resumption,". 8. Amendment of s. 238. Crown deemed owner of improvements and payment to late lessee . Section 238 of the Principal Act is amended in subsection (1) by- (a) omitting paragraph (c); (b) omitting the words "resumption,". 9. Repeal of s. 312. Resumption from pastoral holdings without compensation . The Principal Act is amended by repealing section 312.

Land Act Amendment Act 1986, No. 31 493 10. Amendment of s. 314 . Compensation for improvements . Section 314 of the Principal Act is amended by omitting from subsection (1), paragraph (a).