Land Act Amendment Act 1987 (Qld)

431 (I ueenshn h ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No®^ `'l7 An Act to amend the Land Act 1962 - 1986 in certain particulars and for related purposes [ASSENTED TO 30TH APRIL, 1987]

432 Land Act Amendment Act 1987, No. 34 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 1987. 2. Principal Act and amended citation . (1) In this Act the Land Act 1962-1986 as amended by the Land Act Amendment Act 1986 (No.2) is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1987. 3. Amendment of s. 5. Interpretation of terms. Section 5 of the Principal Act is amended by- (a) in the term "Public purposes", inserting after the words "Asylums and industrial homes" the words "Beach protection"; (b) inserting after the term "Rabbit-proof' the following term and meaning:- "Register"-When used as a noun, and where the register is maintained pursuant to this Act, means any register maintained wholly or partly- (a) on paper, or microfilm or in or on such other medium as the Minister determines from time to time; (b) in such device for storing or processing information as the Minister determines from time to time.". 4. Amendment of s. 6 . Grants and leases . Section 6 of the Principal Act is amended by inserting after the words "recordings in the register" in subsection (5) the words "maintained by him". 5. Repeal of and new s. 8. The Principal Act is amended by repealing section 8 and substituting the following section:- "8. Issue of grant to trustee . (1) Where a person is entitled to have a grant in fee simple issued to him as trustee, other than as a trustee of land granted in trust for a public purpose, the Governor in Council shall not issue the grant until the person has produced in the office in Brisbane of the Department an instrument, signed by the trustee and attested by a witness, declaring the trusts upon which the land the subject of the grant shall be held by that person. (2) Where a deed of grant is forwarded to the Registrar of Titles for the recording of particulars thereof in the register maintained by him- (a) a copy, certified by the Registrar of Dealings as a true copy, of the instrument declaring the trusts upon which the land the subject of the grant shall be held by the grantee;

Land Act Amendment Act 1987, No. 34 433 or (b) where the trusts upon which the land the subject of the grant shall be held by the grantee are contained in a prescribed form of transfer, the original of that transfer, shall also be forwarded to the Registrar of Titles.". 6. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "or" where it occurs between paragraphs (c) and (d); (ii) omitting the expression "147B" from paragraph (d) and substituting the expression "147B;"; (iii) inserting after paragraph (d) the following paragraphs:- "(e) an exchange of land pursuant to section 371; or (f) the addition or surrender of land pursuant to section 334 (3B) or 342 (2), as the case may be,"; (iv) omitting the words "or termination" where they twice occur and substituting the words ", termination, exchange, addition or surrender" in each case; (b) omitting from subsection (3) the words "register concerned" and substituting the words "register maintained by him". 7. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the word "or" where it occurs between paragraphs (f) and (g); (ii) omitting at the end of paragraph (g) the expression "," and substituting the expression ";"; (iii) inserting after paragraph (g) the word "or" and the following paragraph:- "(h) the Governor in Council has approved of the inclusion in a special lease granted over land reserved and set apart for public purposes, of an additional area of that land,"; (b) omitting from subsection (3) the words "in the appropriate register kept in the Department" and substituting the words "by the recording of particulars thereof in the appropriate register".

434 Land Act Amendment Act 1987, No. 34 8. Amendment of s. 14 . O bligation to perform conditions of leases and licenses . Section 14 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from paragraph (b) the words "in the appropriate register kept in the Department" and substituting the words "particulars thereof to be recorded in the appropriate register"; (ii) omitting from paragraph (c) the words ", or with the consent of the licensee, may delete, vary or amend any developmental or improvement condition attached to the license"; (b) inserting after subsection (2) the following subsection:- "(2A) The Minister, with the consent of the licensee, may delete, vary or amend any condition attached to a licence or attach additional conditions to the licence.". 9. New s. 16. The Principal Act is amended by inserting after section 15 the following section:- "16. Declaration of trusts . (1) A person who desires to be recorded in the appropriate register and, where appropriate, on the relevant instrument of lease, licence or permit as trustee of an interest in land shall produce or lodge, as the case may require, to the office of the Department in Brisbane in respect of any application, bid, offer or transfer- (a) for notation purposes by the Department, the original or duplicate original of the instrument declaring the trusts upon which the interest in land is to be held; or (b) where the trusts upon which the interest in land is to be held are contained in a prescribed form of transfer, the form of transfer in duplicate. (2) The instrument declaring the trusts shall- (a) clearly show that the instrument was signed by the trustee and attested by a witness; (b) be produced or lodged, as the case may require, within 28 days after the approval of the application, the date of sale or the offer or within such extended period as the Minister may allow in a particular case; (c) in the case of a transfer, be lodged with the transfer documents.". 10. Amendment of s. 24. Section 24 of the Principal Act is amended by inserting after subsection 8 the following subsection:- "(8A) Where a microfilm or such other copy or statement of any particulars recorded in a register has been made of any part of a register, by means approved from time to time by the Minister, then upon the Secretary or the Registrar of Dealings certifying that the microfilm or other copy or statement is an

Land Act Amendment Act 1987, No. 34 435 accurate copy or statement of that part of that register, that microfilm or other copy or statement shall be- (a) recognized as a true copy or statement of that part of that register; (b) received in evidence in any court or tribunal acting judicially; and (c) deemed to be issued by or under the direction of the Secretary or the Registrar of Dealings, as the case may be, until the contrary is proved.". 11. Amendment of s. 50. Section 50 of the Principal Act is amended in subsection (1) by omitting paragraph (c) and substituting the following paragraph:- "(c) the annual rent during the first rental period of the lease;". 12. Amendment of s. 61. Conditions generally. Section 61 of the Principal Act is amended by- (a) omitting paragraphs (c) and (d) and substituting the following paragraphs:- "(c) The term of a lease shall be divided into one or more of the following rental periods:- (i) where the lease commences during a decennial rental period, the rental period from the commencement of the lease until the end of that decennial rental period or the expiry of the lease, where the lease expires before the end of that decennial rental period, as the case may be; (ii) one or more decennial rental periods; (iii) where the lease expires during a decennial rental period, the rental period from the commencement of that decennial rental period until the expiry of the lease; (ca) The first decennial rental period shall commence on 1 January 1990; (cb) On the expiry of each decennial rental period a new decennial rental period shall immediately commence; (d) The annual rent during the term of a lease shall be- (i) for the first rental period, the notified rent, or where the lease is issued otherwise than under this Part, as determined by the Minister or the Court, as the case may be; (ii) for each subsequent rental period, the annual rent reassessed at the commencement of that decennial rental period;"; (b) in paragraph (e)- (i) omitting from the first paragraph the words "Where the term exceeds 10 years, the" and substituting the word "The";

436 Land Act Amendment Act 1987, No. 34 (ii) omitting the second and third paragraphs and substituting the following paragraphs:- "Where the annual rent determined by the Minister exceeds the minimum rent prescribed by paragraph (da), the notification shall specify a date, being a date not less than 42 days nor more than 60 days from the date the Minister made his determination, by which a lessee's written request, that the annual rent be determined by the Court, is to be received by the Minister. Upon the receipt of such a request by the specified date, the Minister shall refer the matter to the Court for hearing and determination. Where the request of a lessee is not received by the Minister by the specified date the Minister may, where he is satisfied that special circumstances existed as to why the request was not received by the specified date, refer the matter to the Court for hearing and determination.". 13. Amendment of s. 73A. Extension of term of lease of stud holding. Section 73A of the Principal Act is amended by omitting subsection (3). 14. Amendment of s. 120. Appointment, etc., of bailiff. Section 120 of the Principal Act is amended by- (a) omitting the words "for registration in the District Land Office within one month from date of signature" and substituting the words "in the District Land Office within one month from date of signature for recording particulars thereof in the appropriate register"; (b) omitting the words "Upon registration" and substituting the words "Upon the recording". 15. Amendment of s. 131. Nature of tenure and conditions of lease. Section 131 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- "(2) (a) The term of a grazing homestead perpetual lease shall be divided into the following rental periods:- (i) where the lease commences during a decennial rental period, a rental period from the commencement of the lease until the end of that decennial rental period; and (ii) decennial rental periods. (b) The first decennial rental period shall commence on 1 January 1990. (c) On the expiry of each decennial rental period a new decennial rental period shall immediately commence.";

Land Act Amendment Act 1987, No. 34 437 (b) omitting the fourth and fifth paragraphs of subsection (3) and substituting the following paragraphs:- "Where the annual rent determined by the Minister exceeds the minimum rent prescribed by this subsection, the notification shall specify a date, being a date not less than 42 days nor more than 60 days from the date the Minister made his determination, by which a lessee's written request, that the annual rent be determined by the Court, is to be received by the Minister. Upon the receipt of such a request by the specified date, the Minister shall refer the matter to the Court for hearing and determination. Where the request of a lessee is not received by the Minister by the specified date the Minister may, where he is satisfied that special circumstances existed as to why the request was not received by the specified date, refer the matter to the Court for hearing and determination.". 16. Amendment of s. 146 . Liability to pay rent. Section 146 of the Principal Act is amended by omitting the words "kept in the Department". 17. Amendment of s. 147A. No transfer to corporation of certain freeholded land without consent of Governor in Council . Section 147A of the Principal Act is amended in subsection (11) by inserting after the words "record in the register" the words "maintained by him". 18. Amendment of s. 157. Powers of the Minister . Section 157 of the Principal Act is amended by inserting the following subsection after subsection (2):- "(2A) Where a new lease commences pursuant to this Division after 1 January 1990 and during a decennial rental period, the annual rent for the new lease during the remainder of that decennial rental period shall be- (a) where the land comprised in the new lease is the same land that was comprised in the subsisting lease, the same amount as the annual rent that had been determined for the subsisting lease for that decennial rental period; (b) where the land comprised in the new lease is different in area or type from the land that was comprised in the subsisting lease and- (i) the various land types comprised in the new lease are in the same proportions as those that comprised the subsisting lease, the same amount per hectare as the annual rent that had been determined for the subsisting lease for that decennial rental period; (ii) the various land types comprised in the new lease are in different proportions from those that comprised the subsisting lease, the amount that the Minister shall determine, having regard to the

438 Land Act Amendment Act 1987, No. 34 difference in those proportions and the annual rental that had been determined for the subsisting lease for that decennial rental period.". 19. Amendment of s. 159A. Power to extend subsisting lease . Section 159A of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from paragraph (b) the words "and in the appropriate register kept in the Department a noting of the extension" and substituting the words "a noting of the extension and record particulars thereof in the.appropriate register"; (ii) omitting paragraph (c) and substituting the following paragraph:- "(c) the rent payable in respect of the period of the extension, where the commencement of a new decennial rental period occurs during the extended period, shall be the same proportion of the annual rent reassessed at the commencement of that decennial rental period as the extended period bears to the whole rental year;"; (b) omitting from subsection (6) the words "and in the appropriate register kept in the Department a noting of the termination" and substituting the words "a noting of the termination and record particulars thereof in the appropriate register". 20. Amendment of s. 164. When late lessee to receive offer of new lease. Section 164 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting the words "and rental thereof,"; (ii) inserting after the words "shall be subject" the words ", and where the new lease commences before 1 January 1990 or at the commencement of a decennial rental period, the rental thereof "; (b) inserting the following subsection after subsection (3):- "(3A) Where a new lease commences pursuant to this Division during a decennial rental period the annual rent for the new lease for the remainder of that decennial rental period shall be- (a) where the land comprised in the new lease is the same land that was comprised in a lease that expired- (i) during that decennial rental period, the same amount as the annual rent that had been determined for the expired lease for that decennial rental period; (ii) prior to that decennial rental period, the amount that would have been determined as the annual rent for that land had the lease commenced at the commencement of that decennial rental period; (b) where the land comprised in the new lease is different in area or type from the land that was comprised in

Land Act Amendment Act 1987, No. 34 439 a lease that expired during or prior to that decennial rental period, the amount that the Minister shall determine, having regard to- (i) any difference in the area or type of land comprised in the new lease from that comprised in the expired lease; and (ii) the annual rent that would have been determined for that land had the new lease commenced at the commencement of that decennial rental period.". 21. Amendment of s. 171 . Notification of land for sale. Section 171 of the Principal Act is amended by- (a) in subsection (1)-- (i) omitting from the end of paragraph (c) the expression ";" and substituting the expression ". (ii) omitting paragraph (d); (b) in subsection (2)- (i) omitting from the end of paragraph (h) the expression "." and substituting the expression ";"; (ii) adding the following paragraph at the end thereof - "(i) specify the survey fee payable.". 22. Repeal of s. 175. Purchase by trustee . Section 175 of the Principal Act is repealed. 23. Amendment of s. 191. Application . Section 191 of the Principal Act is amended by omitting 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". 24. Amendment of s. 192. Court to determine unimproved value. Section 192 of the Principal Act is amended by adding the expression "." at the end of subsection (1). 25. New s. 193 .a. The Principal Act is amended by inserting the following section after section 193:- "193A. Tourist leases . Where a lessee referred to in section 191, being the lessee of 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, applies to the Minister to have his lease deemed a lease for a term of years, the lease shall not be deemed a lease for a term of years and the provisions of sections 192 and 193 shall not apply except in respect of that part of the holding on which the lessee has, in the opinion of

440 Land Act Amendment Act 1987, No. 34 the Governor in Council, completed or is in the course of undertaking substantial development works for accommodating and providing recreational and other facilities for tourists on the holding or on the holding and adjoining land, and in the opinion of the Governor in Council, on the recommendation of the Ministers administering this Act and the Queensland Tourist andTravel Corporation Act 1979-1984, such works or facilities are regarded as being of international standard.". 26. Amendment of s. 204. Terms and conditions of special lease. Section 204 of the Principal Act is amended by omitting paragraphs (a) and (b) from subsection (5B) and substituting the following paragraphs:- "(a) Where a lease is subject to a condition specified in subsection (5A) and the Minister has determined the annual rent in accordance with subsection (4), the notification by the Minister shall specify a date, being a date not less than 42 days nor more than 60 days from the date the Minister made his determination, by which a lessee's written request, that the annual rent be determined by the Court, is to be received by the Minister. (aa) Upon the receipt of such a request by the specified date the Minister shall refer the matter to the Court for hearing and determination. (b) Where the request of a lessee is not received by the Minister by the specified date the Minister may, where he is satisfied that special circumstances existed as to why the request was not received by the specified date, refer the matter to the Court for hearing and determination.". 27. Amendment of s. 210 . Leases for manufacturing or industrial, etc., purposes without competition . Section 210 of the Principal Act is amended by- (a) omitting from subsection (1) the words "or body corporate who or which" and substituting the words "who has effected or"; (b) omitting from paragraph (a) of subsection (2) the words "shall be erected or constructed on the land within" and substituting the words "which have been effected, substantially effected or are proposed to be effected shall be maintained, completed or erected, as the case may be, on the land within or for"; (c) inserting after subsection (2) the following subsection:- "(2A) Where the lessee of a special lease granted pursuant to an arrangement under section 24 of the Industrial DevelopmentAct 1963-1981 applies for the issue of a perpetual town lease, perpetual suburban lease or perpetual country lease over the land or part of the land comprised in the special lease the Governor in Council may, and it is hereby declared always could, issue to the lessee such a lease where- (a) the issuing of such a lease on or after 1 July 1984 had first been recommended by the Minister for the

Land Act Amendment Act 1987, No. 34 441 time being charged with the administration of the Industrial DevelopmentAct 1963-1981; and (b) the Minister for the time being charged with the administration of this Act is satisfied that the conditions of the special lease required to be complied with prior to the date of the application have been complied with or have been complied with to an extent satisfactory to the Minister for the time being charged with the administration of the IndustrialDevelopment Act 1963-1981.". 28. Amendment of s. 212. Nature and conditions of leases under this Division . Section 212 of the Principal Act is amended by omitting subsections (6) and (7) and substituting the following subsections:- "(6) Where the annual rent determined by the Minister for the second and each subsequent rental period exceeds $500, the notification shall specify a date, being a date not less than 42 days nor more than 60 days from the date the Minister made his determination, by which a lessee's written request, that the annual rent be determined by the Court, is to be received by the Minister. (6A) Upon the receipt of a request by the specified date, the Minister shall refer the matter to the Court for hearing and determination. (7) Where the request of a lessee is not received by the Minister by the specified date the Minister may, where he is satisfied that special circumstances existed as to why the request was not received by the specified date, refer the matter to the Court for hearing and determination.". 29. Amendment of s. 226. Instruments of lease. Section 226 of the Principal Act is amended by omitting from subsection (2) the words "entered or registered in the registers kept in the Department, shall also" and substituting the words "recorded in the appropriate register, shall". 30. Amendment of s. 227. Registers of leases , etc., to be kept. Section 227 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the first paragraph the words "There shall be kept in the office in Brisbane of the Department registers wherein shall be entered" and substituting the words "The Minister shall cause to be maintained by the Registrar of Dealings registers wherein shall be recorded"; (ii) omitting from the second paragraph the word "entries" and substituting the word "recordings"; 15

442 Land Act Amendment Act 1987, No. 34 (b) omitting subsections (2) and (3) and substituting the following subsections:- "(2) Where a register maintained by the Registrar of Dealings can not be directly accessed in a District Land Office the Minister may direct that in respect of that register a separate register be maintained in relation to that District and in which District Land Office, or other office, such register is to be maintained. (3) A person, upon payment of the prescribed fee, if any, at any reasonable time during office hours may- (a) have access to particulars recorded in a register; (b) be provided with a statement of any particulars recorded in a register, maintained pursuant to this section where it has been prescribed that the particulars are available for public search. (4) The Minister may approve- (a) that other particulars recorded in a register be made available; and (b) the terms and conditions, if any,- (i) upon which such search may be made; and (ii) for obtaining statements of such particulars.". 31. Amendment of s. 228. Dispensing with production of documents. Section 228 of the Principal Act is amended by inserting after the word "noting" in the third paragraph the words "or recording of the particulars". 32. Amendment of s. 229. Section 229 of the Principal Act is amended by omitting from the third paragraph of subsection (1) the words "entered in the appropriate register a note" and substituting the words "recorded in the appropriate register particulars". 33. Amendment of s. 230. Registration of dealings , etc. Section 230 of the Principal Act is amended by- (a) omitting the words "license, and entered in the appropriate register kept in the office in Brisbane of the Department" and substituting the words "licence, and particulars thereof are recorded in the appropriate register"; (b) omitting the words "license, any" and substituting the words "licence, any"; (c) omitting the words "license and entered" and substituting the words "licence and particulars thereof recorded". 34. Amendment of s. 235. Cases of trusteeship . Section 235 of the Principal Act is amended by inserting after subsection (4) the following subsection:- "(4A) (a) Where the Minister permits land to be held in trust pursuant to subsection (4), he may permit the trustee to hold

Land Act Amendment Act 1987, No. 34 443 that land as trustee for beneficiaries for the time being under a representative style or title instead of as trustee for specified beneficiaries. (b) The trustee shall certify in writing the names of the beneficiaries for whom he holds as trustee under the representative style or title and the interest of each beneficiary, and that certificate shall be produced to the Minister not later than the time when the transfer is produced to him under section 286. (c) The names and interests of the beneficiaries shall be recorded in the appropriate register. (d) The trustee shall certify in writing any alteration in the beneficiaries or the interests of beneficiaries for whom he holds as trustee, and that certificate shall be furnished to the Commission within three months from the effective date of the alteration. (e) The persons who are, or pursuant to any alteration referred to in paragraph (d) become beneficiaries shall be children, grandchildren or like descendants of the trustee who acquired the land and shall be under the age of eighteen years at the date they become beneficiaries under the trust. (f) Particulars of all alterations referred to in paragraph (d) shall be recorded in the appropriate register.". 35. Amendment of s. 246. Lessee may elect to have rent for first period determined by Land Court. Section 246 of the Principal Act is amended in subsection (1) by- (a) omitting the words "Notwithstanding any provision, other than this section, of this Act, a" and substituting the word "A"; (b) omitting from paragraph (a) the words ", a new lease whereof is" and substituting the words "or grazing homestead perpetual lease, the term of which commences on the date of commencement of a decennial rental period,"; (c) omitting from paragraph (b) the words ", a new lease whereof is granted to an applicant given priority" and substituting the word "granted"; (d) omitting from paragraph (c) the words "a lease whereof is" and substituting the words "the term of which commences on the date of commencement of a decennial rental period,". 36. Amendment of s. 274. Subletting . Section 274 of the Principal Act is amended in subsection (1) by omitting paragraph (c) and the word "or" where it occurs between paragraphs (c) and (d). 37. Amendment of s. 275. Mortgages . Section 275 of the Principal Act is amended by- (a) omitting from the second paragraph the word "Department" where it firstly occurs and substituting the words "appropriate register";

444 Land Act Amendment Act 1987, No. 34 (b) omitting from the third paragraph the word "Department" and substituting the words "appropriate register". 38. Amendment of s. 282. Easements . Section 282 of the Principal Act is amended by- (a) omitting from the first paragraph of subsection (1) the words "in the appropriate register kept in the Department" and substituting the words "by the recording of the particulars thereof in the appropriate register"; (b) omitting from subsection (3) the words "registered in the Department" and substituting the words "recorded in the appropriate register maintained by the Registrar of Dealings"; (c) inserting after the word "question" in the first paragraph of subsection (4) the words "and where an appropriate register exists, recorded in such register". 39. Amendment of s. 283. Easements affecting both freehold and leasehold lands or reserves . Section 283 of the Principal Act is amended by inserting after the words "the register" wherever they occur the words "maintained by him" in each case. 40. Amendment of s. 284. When mortgage , etc., not affected by surrender of lease. Section 284 of the Principal Act is amended by- (a) omitting from subsection (3) the words "in the appropriate register" and substituting the words "record particulars thereof in the appropriate register"; (b) inserting after the word "endorsements" in subsection (4) the words "and recordings". 41. Amendment of s. 285. Section 285 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "a copy of every subsisting entry in the register kept in the Department" and substituting the words "particulars of every subsisting record in the appropriate register maintained by the Registrar of Dealings"; (ii) inserting after the words "record in the register" the words "maintained by him"; (b) in subsection (3)- (i) omitting the words "in the Department" where they firstly occur; (ii) omitting the words "a copy of every subsisting entry in the register kept in the said Department" and substituting the words "particulars of every subsisting record in the appropriate register maintained by the Registrar of Dealings";

Land Act Amendment Act 1987, No. 34 445 (iii) omitting the words "charge registered in the Department" and substituting the words "charge recorded in the appropriate register"; (iv) inserting after the words "record in the register" the words "maintained by him"; (v) omitting the words "entry transmitted" and substituting the words "entry and record of particulars transmitted"; (c) in subsection (4)- (i) omitting the words "a copy of every subsisting entry in the register kept in the Department" and substituting the words "particulars of every subsisting record in the appropriate register maintained by the Registrar of Dealings"; (ii) inserting after the words "record in the register" the words "maintained by him". 42. Amendment of s. 286. Transfer of leases and licenses. Section 286 of the Principal Act is amended by omitting from the third paragraph of subsection (1) the words "in the appropriate register kept in the Department" and substituting the words "by particulars thereof being recorded in the appropriate register". 43. Amendment of s. 288. Transfer of sublease . Section 288 of the Principal Act is amended by omitting from subsection (3) the words "in the appropriate register kept in the Department" and substituting the words "by particulars thereof being recorded in the appropriate register". 44. Amendment of s. 289 . Registration of marriages and deaths and transmissions by death . Section 289 of the Principal Act is amended by omitting the words "kept in the Department". 45. Amendment of s. 290 . Transmission of land in certain cases without probate or administration . Section 290 of the Principal Act is amended by omitting the words "entered in the appropriate register kept in the Department" and substituting the words "recorded in the appropriate register". 46. Amendment of s. 291 . Registration of transmission upon bankruptcy . Section 291 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections:- "(1) Notwithstanding any other provision of this Act, the property under and within the meaning of the Bankruptcy Act1966 of the Commonwealth (or any Act amending or substituted for that Act) in any holding of a lessee or in any land of a purchaser under Part VII shall, upon any sequestration, composition, scheme of arrangement, deed of arrangement or deed of assignment under that Act vest in the Official Trustee in Bankruptcy or the person registered under that Act as trustee

446 Land Act Amendment Act 1987, No. 34 of that lessee's property, as the case may be, as the owner upon his registration as such by particulars thereof being recorded in the appropriate register maintained by the Registrar of Dealings. (1A) Upon application by the person who is the Official Trustee in Bankruptcy or the registered trustee, as the case may be, under the Bankruptcy Act 1966 of the Commonwealth (or any Act amending or substituted for that Act) of the property of any lessee in a holding or of any purchaser under Part VII in land, the Registrar of Dealings shall record him as such in the appropriate register."; (b) omitting from subsection (2) the words "official receiver or trustee under the Bankruptcy Act1924-1960" and substituting the words "Official Trustee in Bankruptcy or the registered trustee, as the case may be, under the Bankruptcy Act 1966". 47. Amendment of s. 293. Power of attorney. Section 293 of the Principal Act is amended by- (a) omitting from subsection (2) the words "cause a noting of the same to be entered in the register book kept for that purpose, and from and after the date of such entry" and substituting the words "record in the appropriate register maintained for that purpose particulars of the power of attorney, and from and after the date of such recording"; (b) omitting from subsection (3) the words the noting of the same has been so entered" and substituting the words "particulars of the same have been so recorded"; (c) omitting subsection (4) and substituting the following subsection:- "(4) (a) A register of powers of attorney shall be maintained by the Registrar of Dealings, and whenever a power of attorney or attested copy thereof is lodged, the Registrar of Dealings shall record in-such register particulars thereof. (b) Such recording shall be sufficient registration for the purposes of this Act.' (d) omitting from subsection (5) the words "in the Department". 48. Amendment of s. 296. Forfeiture for fraud, etc. Section 296 of the Principal Act is amended in subsection (2A) by (a) omitting all words from and including "agent or servant" to the end of paragraph (a) and substituting the following:- "trustee, agent or servant of a trust, partnership or corporation- (a) where the beneficiaries or potential beneficiaries, the partners or the shareholders, as the case may be, are- (i) himself; and (ii) his spouse, children, childrens' spouses, grandchildren and like descendants of his or any of them, and no other;";

Land Act Amendment Act 1987, No. 34 447 (b) inserting after the words "in the profits of the" the words "trust,". 49. Amendment of s. 325. Communal ring fence against vermin. Section 325 of the Principal Act is amended by omitting from subsection (3) the word "Department" and substituting the words "appropriate register". 50. Amendment of s. 328. Effect of declaration of benefited area. Section 328 of the Principal Act is amended by omitting from subsection (1) the word "Department" and substituting the words "appropriate register". 51. Amendment of s. 329. Implementation of decision of the Court. Section 329 of the Principal Act is amended by omitting from subsection (2) the word "Department" and substituting the words "appropriate register". 52. Amendment of s. 331. Application of Division to freehold lands. Section 331 of the Principal Act is amended in subsection (2) by inserting after the words "the register" the words "maintained by him". 53. Amendment of s. 334. Grants and reservations for public purposes . Section 334 of the Principal Act is amended by- (a) inserting after subsection (3A) the following subsection:- "(3n) Where land is granted in trust and additional land that is contiguous to that land is to be granted in trust for the same public purpose both areas of land may, at the discretion of the Minister, be included in the one instrument of title."; (b) adding at the end thereof the following subsection:- "(7) Trusts Act not to apply to this Part. It is hereby declared that the provisions of the Trusts Act 1973-1986 do not and never did apply in respect of trusts created pursuant to this Part or trustees holding upon such trusts.". 54. Amendment of s. 334A. Reservations for environmental parks. Section 334A of the Principal Act is amended by adding at the end of the section the following subsection:- "(5) The Governor in Council may from time to time by Order in Council, amend an Order in Council, including any Order in Council made under this subsection, reserving and setting apart any Crown land as environmental park where other Crown land is to be added to that environmental park.". 55. Amendment of s. 337. Section 337 of the Principal Act is amended by- (a) omitting subsections (2) and (3) and substituting the following subsections:- "(2) The Minister shall cause a register to be maintained wherein shall be recorded the names of trustees and such other

448 Land Act Amendment Act 1987, No. 34 particulars as the Minister may from time to time direct, of all Crown land for the time being granted in trust or reserved and set apart for a public purpose under this Act and placed under the control of trustees. (3) The Minister may direct that Crown land reserved and set apart which has not been placed under the control of trustees shall be recorded in such register."; (b) omitting from subsection (4) the words "named in the register of trustees" and substituting the words "recorded in the register"; (c) omitting from subsection (6) the words "entries or endorsements in the register book concerned" and substituting the words "recordings in the register maintained by him". 56. Amendment of s. 342. No power of sale . Section 342 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1); (b) adding at the end of the section the following subsection:- "(2) (a) The trustees of land granted in trust may, for the purposes of surrendering part of their title to that land, with the approval of the Governor in Council, surrender to the Crown their title to that land. (b) Upon such surrender a fresh deed of grant in trust for the land the trustees desire to retain shall be issued to those trustees.". 57. Amendment of s. 348. Cancellation of leases by Minister . Section 348 of the Principal Act is amended by omitting from subsection (4) the words "entries or endorsements in the register book concerned" and substituting the words "recordings in the register maintained by him". 58. Amendment of s. 352. Section 352 of the Principal Act is amended by inserting after the words "the register" in subsection (4) the words "maintained by him". 59. Amendment of s. 353. Power of Governor in Council to determine trust. Section 353 of the Principal Act is amended by omitting from subsection (2) the words "entries or endorsements in the register book concerned" and substituting the words "recordings in the register maintained by him". 60. Amendment of s. 353A. Special provisions for determining trust for benefit of Aboriginal or Islander inhabitants . Section 353A of the Principal Act is amended by inserting after the words "the register" in subsection (2) the words "maintained by him". 61. Amendment of s. 354A . When lands held in trust for a public purpose may be surrendered to the Crown . Section 354A of the Principal

Land Act Amendment Act 1987, No. 34 449 Act is amended by inserting after the words "the register" in subsection (8) the words "maintained by him". 62. Amendment of s. 365. Power of Governor in Council with respect to land comprised in permanently closed road . Section 365 of the Principal Act is amended in subsection (7) by- (a) inserting before the word "title" where it twice occurs the words "instrument of' in each case; (b) inserting after the word "recordings" the expression ",". 63. New ss. 365A and 365B. The Principal Act is amended by inserting after section 365 the following sections:- "365A. Amalgamation of land of registered proprietor in certain circumstances . (1) The Governor in Council, in any case where- (a) pursuant to section 365 (2), he sells land comprising the whole or part of a road that has been permanently closed pursuant to section 363 to the registered proprietor of land held in fee simple and adjoining that road; (b) the registered proprietor is the registered proprietor of other land that adjoins- (i) the land he holds in fee simple; or (ii) the land sold; and (c) the closure of the road affects access to any of the registered proprietor's land referred to in paragraph (b), may make that sale of land to the registered proprietor subject to the condition that the registered proprietor's land referred to in paragraph (b) and the land sold shall be amalgamated. (2) Where a sale is subject to such a condition, the registered proprietor shall surrender to the Crown his title to his land referred to in subsection (1); and upon such surrender a fresh deed of grant shall be issued for that land and the land sold. (3) Any part of the land of the registered proprietor surrendered to the Crown for a road for public use pursuant to section 365B shall be excluded from the fresh deed of grant that issues pursuant to subsection (2) in any case where that part is surrendered in compliance with a further condition of the sale referred to in subsection (1) that it be so surrendered. (4) The provisions of section 9 applicable in the case of the surrender by an owner of his title to land under that section are applicable in the case of a surrender of title and the issue of a fresh deed of grant under this section.

450 Land Act Amendment Act 1987, No. 34 365B. Surrender of freehold land for road purposes by registered proprietor . (1) The registered proprietor of land held in fee simple may surrender to the Crown an identified part of his land for purposes of a road for public use without complying with the provisions of section 119 of the Real Property Act 1861-1986 and section 34 of the Local Government Act 1936-1986 where (a) his land adjoins or is contiguous to other of his land which adjoins a road permanently closed pursuant to section 363 or section 368; and (b) pursuant to section 365 (2), the Governor in Council sells to the registered proprietor the land comprising the whole or part of the road that has been permanently closed subject to the registered proprietor surrendering the identified part of his land to the Crown for purposes of a road for public use. (2) Land so surrendered shall be dedicated as a road for public use pursuant to section 362. (3) Where a sale is subject to the surrender of land as aforesaid, the registered proprietor shall surrender to the Crown his title to his land; and upon such surrender a fresh deed of grant shall be issued for that land, but excluding the part surrendered, and the land sold. (4) The provisions of section 9 applicable in the case of the surrender by an owner of his title to land under that section are applicable in the case of a surrender of title and issue of a fresh deed of grant under this section.". 64. Amendment of s. 366 . Road licence over land comprising road temporarily closed . Section 366 of the Principal Act is amended by omitting from subsection (9) the words "kept in the office in Brisbane of the Department". 65. Amendment of s. 371. Power to purchase or exchange . Section 371 of the Principal Act is amended by- (a) numbering the first paragraph as subsection (1); (b) numbering the second paragraph as subsection (2) and omitting from that subsection the words "as aforesaid" and substituting the words "pursuant to subsection (1)"; (c) adding at the end of the section the following subsections:- "(3) Where- (a) the Governor in Council pursuant to subsection (1), by agreement with the owner of land held in fee simple, acquires part of that land by granting Crown land of equal value in fee simple in exchange therefor;

Land Act Amendment Act 1987, No. 34 451 and (b) the Crown land adjoins the land of the owner, the owner may surrender to the Crown his title to the land; and upon such surrender a fresh deed or fresh deeds of grant shall be issued comprising the land to which, after such exchange of land, the owner is entitled. (4) The provisions of section 9 applicable in the case of the surrender by an owner of his title to land under that section are applicable in the case of a surrender of title under subsection (3).". 66. New s. 377A. The Principal Act is amended by inserting after section 377 the following section: "377A. F acilitation of proof. The allegation or averment in any complaint- (a) that land is or was at any time or date mentioned in the complaint Crown land, a road or a reserve; (b) that a structure, improvement, work or thing is or was at any time or date mentioned in the complaint on Crown land, a road or a reserve; (c) that a person was at any time or date mentioned in the complaint found on Crown land or a reserve; (d) that a person at any time or date mentioned in the complaint depastured or caused to be depastured on Crown land, a road or a reserve any stock specified in the complaint; (e) of the date on which the commission of an offence came to the knowledge of the complainant, shall be evidence of the matter or matters so alleged or averred, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters". 67. Amendments re word " license". (1) The Principal Act is amended in the provisions set forth in the Second Schedule by omitting the words "Licenses", "licenses", "License" and "license" when used as nouns and substituting the words "Licences", "licences", "Licence" and "licence" respectively, in each case. (2) Where a word to be omitted occurs more than once in a provision, it shall be omitted wherever it occurs in that provision and the word to be substituted shall be substituted in each case respectively. 68. Savings and transitional . (1) (a) Where a new pastoral lease or a grazing homestead perpetual lease issued under the Principal Act as amended by this Act commences after the commencement of this Act and prior to 1 January 1990 and the term of the lease extends beyond 31 December 1989, the first rental period of that lease shall commence on the commencement of the lease and end on 31 December 1989. (b) The second rental period of that lease shall commence on the commencement of the first decennial rental period.

452 Land Act Amendment Act 1987, No. 34 (2) Where in respect of a pastoral lease or a grazing homestead perpetual lease the annual rent determined for the first decennial rental period under the Principal Act as amended by this Act exceeds the annual rent payable under that lease for a rental period subsisting immediately prior to the commencement of the first decennial rental period, the annual rent payable under that lease shall- (a) until that subsisting rental period would have expired but for the commencement of the first decennial rental period, be the annual rent determined for that lease for that subsisting rental period; (b) from the date that the subsisting rental period would have expired but for the commencement of the first decennial rental period and until the expiration of the first decennial rental period, be the annual rent determined for that lease for the first decennial rental period. (3) (a) A condition in a lease of a stud holding subsisting immediately prior to the commencement of this Act requiring the lessee in each year during the term of the lease to sell for breeding purposes elsewhere than on the holding not less than the number specified in the lease of stud merino sires shall on and from the commencement of this Act be deemed a condition that requires the lessee of a stud holding specified in column 1 of the First Schedule in each year during the term of the lease of that specified holding to sell for breeding purposes elsewhere than on that holding not less than the number of stud merino sires specified for that holding in column 2 of the First Schedule. (b) The Registrar of Dealings may, on each instrument of lease issued for the stud holdings specified in column l of the First Schedule and in the appropriate register maintained by him in relation to those leases, make a noting or recording, as the case may be, of the condition deemed, pursuant to paragraph (a), to be a condition in relation to each such lease. (4) A reference to the date of the commencement of the term of the subsisting lease in section 242 (1) of the Principal Act shall, for every grazing homestead perpetual lease converted pursuant to Division IV (repealed) of Part VI of the Land Act 1962-1983 from that of a grazing homestead, grazing farm or settlement farm lease, be taken, on and from the commencement of this Act, to be a reference to the commencement of the term of the lease from which it was converted. (5) A perpetual town lease, perpetual suburban lease or a perpetual country lease issued prior to 1 July 1984 for manufacturing or industrial purposes and pursuant to section 210 (1) of the Land Act 1962-1984 shall not be held to have been unlawfully issued by reason only of the fact that the Minister for the time being charged with the administration of the Industrial Development Act 1963-1981 did' not first recommend the issuing of it. (6) The provisions of sections 61, 73A (3), 131 (2), 159A (2) (c), and 246 (1) of the Principal Act shall continue to apply, up to and including 31 December 1989, to leases which commenced prior to 1 January 1990 as if this Act, other than subsection (1), had not commenced.

Land Act Amendment Act 1987, No. 34 453 FIRST SCHEDULE Column I Column 2 39/4892 Bullawarrie St. George 20/5324 Welltown Goondiwindi 02/3852 Barcaldine Barcaldine 02/3626 Coreena Barcaldine 03/3925 Isis Downs Blackall 03/3679 Malvern Hills Blackall 03/3804 Terrick Terrick Blackall 03/3663 Lansdowne Blackall 03/3823 Minnie Downs Blackall 29/3654 Portland Longreach 10/3987 Burenda Charleville .............. 10/4817 Victoria Downs Charleville .............. 15/3764 Claverton Cunnamulla 360 240 540 360 750 540 660 420 600 570 600 300 450

454 Land Act Amendment Act 1987, No. 34 SECOND SCHEDULE Provision to be Amended s. 3 s. 5 In the term "Crown land" s. 5 In the term "Improvements" s. 5 In the term "Occupation license" s. 14 (note in and at the beginning) s. 14 (1), (2), (3), (4) s. 15 (1) s. 24 (3) s. 24 (5) (note in and at the beginning) s. 24 (5) s. 30 (4) In Divisional heading preceding s. 75 s. 75 (note in and at the beginning) s. 75 (1), (2) s. 76 s. 77 (1) (a), (3) (c) s. 78 (note in and at the beginning) s. 78 (1), (2) s. 78 (3) (note in and at the beginning) s. 78 (3) s. 79 (note in and at the beginning s. 79 (1), (2), (3), (5), (6), (7) s. 80 s. 112 s. 113 (1), (2) s. 225 (1) s. 226 (1), (2) s. 227 (1) s. 228 s. 229 (1), (2) s. 231 (3) s. 232 s. 241 (2) s. 247 (5) s. 249 (2), (3) (a) s. 250 (1), (3), (4), (5) s. 250 (8) (note in and at the beginning) s. 250 (9) s. 259 s. 261 (1) s. 262 s. 271 (1), (2), (5), (6) s. 286 (note in and at the beginning)

Land Act Amendment Act 1987, No. 34 SECOND SCHEDULE- continued Provision to be Amended s. 286 (1) s. 291 (3) s. 292 (1) s. 293 (1) s. 314 (4), (5) s. 354A (1) (d), (6), (7) s. 375 (1), (2) s. 382 (1) (b), (2) 455