Land Act Amendment Act 1989 (Qld)

1295 LAND ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Amendment of s. 69 . Advisory Committee 4. Amendment of s. 73. When new lease to issue in substitution for subsisting lease 5. Savings and transitional eensiana ON ANNO TRICESIMO OCTAVO ELIZAET AE SECUNDAE REGINAE 98 of 9 An Act to amend the Land Act 1962 -1988 in certain particulars and for a related purpose [ASSENTED TO 13TH OCTOBER, 1989]

1296 Land Act Amendment Act 1989, No. 98 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 1989. 2. Principal Act and amended citation . (1) In this Act the Land Act 1962-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1989. 3. Amendment of s. 69. Advisory Committee . Section 69 of the Principal Act is amended by omitting subsections (1), (2) and (3) and substituting the following subsections:- "(1) The Minister may, in his discretion and for the purposes of this Division, appoint in writing under his hand an Advisory Committee consisting of- (a) an officer of the Department, who shall be chairman of the committee; (b) a person nominated by the Queensland Merino Stud Sheepbreeders' Association and approved by the Minister; (c) a person nominated by the United Stud Beef Cattle Breeders' Association of Australia and approved by the Minister; and (d) a nominee from the Stud Lease Subcommittee of the Queensland Merino Stud Sheepbreeders' Association, approved by the Minister from a panel of 3 persons submitted by that subcommittee. (2) The members to whom paragraphs (b) and (d) of subsection (1) apply shall not act as members of the committee in relation to any application made in respect of the production of any breed of stud beef cattle. (2A) The member to whom paragraph (c) of subsection (1) applies shall not act as a member of the committee in relation to any application made in respect of the production of stud merino sheep. (2B) No member shall act as a member of the committee in relation to any application in which that member is interested, but, in respect of that application, the Minister may appoint in writing another person, nominated as in that member's case, to act temporarily in that member's place. (3) The persons appointed as members of the committee and in office as such immediately prior to the commencement of the Land Act Amendment Act 1989 shall continue in office

Land Act Amendment Act 1989, No. 98 1297 until the Minister appoints a new committee subsequent to the commencement of that Act. (3A) Every member appointed pursuant to this section shall be appointed for a term of 3 years and shall be eligible for further appointment as a member. (3B) The Minister may at any time make such appointments to the committee as are necessary to fill vacancies thereon howsoever arising. (3C) The office of a member of the committee shall become vacant if the member- (a) dies; (b) resigns his office by writing signed by him and furnished to the Minister; or (c) is removed from office as a member by the Minister.". 4. Amendment of s. 73. When new lease to issue in substitution for subsisting lease . Section 73 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting paragraph (c) and substituting the following paragraph:- "(c) the lessee shall in each year during the term of the lease- (i) bona fide offer for sale for breeding purposes elsewhere than on the holding not less than the number specified in the lease of stud merino sires or sires of the breed of cattle, as the case may be, specified in the lease; and (ii) lodge with the Minister a statutory declaration under the Oaths Act 1867-1988 particularising the number of sires offered for sale and the dates those offers for sale were made;"; (ii) omitting from paragraph (e) the words "require;" and substituting the words "require."; (iii) omitting paragraph (f); (b) inserting the following subsection:- "(4) Where at any time during the term of a lease for a stud holding the Minister is satisfied, following investigations made by the Commission, that- (a) the lessee of the stud holding has failed to perform a condition of the lease (other than the condition referred to in subsection (3) (c));

1298 Land Act Amendment Act 1989, No. 98 or (b) a bona fide offer for sale in accordance with subsection (3) (c) has not been made for a continuous period of 15 years, the Minister may, subject to subsection (5), recommend that the Governor in Council by Order in Council declare that the lease be converted to a pastoral holding and the Governor in Council may declare accordingly."; (c) omitting from subsection (5) the words "paragraph (f) of subsection (3) of this section" where they twice occur and substituting the words "subsection (4)" in each case; (d) omitting from subsection (6) and subsection (7) the expression "(3) (f)" and substituting the expression "(4)" in each case. 5. Savings and transitional . (1) 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 or sires of the breed of cattle, as the case may be, specified in the lease shall, on and from the commencement of this Act, be deemed a condition that requires the lessee of a stud holding in each year during the term of the lease to bona fide offer for sale for breeding purposes elsewhere than on the holding not less than the number specified in the lease of stud merino sires or sires of the breed of cattle, as the case may be, specified in the lease. (2) The Registrar of Dealings may, on each instrument of lease issued for stud holdings 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 subsection (1) to be a condition in relation to each such lease.