Land Act Amendment Act 1990 (Qld)

904 LAND ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Commencement 4. Amendment of s. 139. Application for conversion 5. Amendment of s. 191. Application 6. Amendment of s. 207. Sale of special lease holding eenslatib ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1990 An Act to amend the Land Act 1962 -1989 in certain particulars [ASSENTED TO 13TH AUGUST, 1990]

Land Act Amendment Act 1990, No. 47 905 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 1990. 2. Principal Act and amended citation . (1) In this Act the Land Act 1962-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1990. 3. Commencement . (1) Sections 1 and 2 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act is to be taken to have commenced on 5 February 1990 and is to be given retrospective effect accordingly. 4. Amendment of s. 139. Application for conversion . Section 139 of the Principal Act is amended by adding at the end thereof the following subsections:- "(3) The following sections of this Division do not apply to an application received by the Minister pursuant to subsection (1) on or after 5 February 1990. (4) Liability at law does not attach to the Crown or any person on account of any application received by the Minister pursuant to subsection (1) on or after 5 February 1990. (5) For the purposes of this section, an application is received before 5 February 1990 only where the departmental date stamp endorsed on the application shows a date earlier than 5 February 1990.". 5. Amendment of s. 191. Application . Section 191 of the Principal Act is amended- (a) by numbering the first and second paragraphs thereof as subsections (1) and (2) respectively; (b) by adding at the end thereof the following subsections:- "(3) The following sections of this Division do not apply to an application received by the Minister pursuant to subsection (1) on or after 5 February 1990 unless that application is in respect of a perpetual town lease (non-competitive lease), a perpetual suburban lease (non-competitive lease) or a perpetual country lease (non-competitive lease ) issued pursuant to this Act and pursuant to an arrangement under section 24 of the IndustrialDevelopment Act 1963-1987 or, where the lease was issued prior to the commencement of that Act, was issued pursuant to a recommendation of the Minister administering industrial development. 30

906 Land Act Amendment Act 1990, No. 47 (4) Liability at law does not attach to the Crown or any person on account of any application received by the Minister pursuant to subsection (1) on or after 5 February 1990. (5) For the purposes of this section, an application is received before 5 February 1990 only where the departmental date stamp endorsed on the application shows a date earlier than 5 February 1990.". 6. Amendment of s. 207. Sale of special lease holding. Section 207 of the Principal Act is amended by inserting the following subsections after subsection (1)i- "(1A) Subsections (2) to (11), both inclusive, do not apply to an application received by the Minister pursuant to subsection (1) on or after 5 February 1990 unless that application is in respect of a special lease- (a) which contains conditions relating to the freeholding of the whole or part of that lease and those conditions are complied with by the lessee; or (b) which was issued pursuant to this Act and pursuant to an arrangement under section 24 of the IndustrialDevelopment Act 1963-1987 or, where the lease was issued prior to the commencement of that Act, was issued pursuant to a recommendation of the Minister administering industrial development. (113) Liability at law does not attach to the Crown or any person on account of any application received by the Minister pursuant to subsection (1) on or after 5 February 1990. (1C) For the purposes of this section, an application is received before 5 February 1990 only where the departmental date stamp endorsed on the application shows a date earlier than 5 February 1990.".