Land Act Amendment and Pastoralists' Assistance Act 1974 (Qld)

880 Q x tallsfinl^ ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 78 of 1974 An Act to amend the Land Act 1962-1974 in certain particulars and to provide assistance to lessees of certain holdings on account of losses suffered through flooding [ASSENTED TO IST NOVEMBER, 1974] 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:- PART I-PRELIMINARY 1. Short title and citation . (1) This Act may be. cited as the Land Act Amendment and Pastoralists' Assistance Act 1974. (2) In this Act the Land Act 1962-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Land Act 1962-1974.

Land Act Amendment and Pastoralists' Assistance Act 1974, No. 78 881 2. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY (SS. I and 2); PART II-AMENDMENTS TO PRINCIPAL ACT (Ss. 3-11); PART III-PASTORALISTS' ASSISTANCE (ss. 12-19). PART 11-AMENDMENTS TO PRINCIPAL ACT 3. Amendment of s. 5. Section 5 of the Principal Act is amended by, omitting the definition " cultivation " and substituting the following definition:- Cultivation "-The sowing of improved pasture species by any means whatever, and the breaking of the soil to prepare a seed bed followed by the planting or sowing of seeds or plants for a crop: The term does not include the breaking of the soil for the natural regeneration of indigenous grasses;". 4. Amendment of s. 141. Section 141 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) For the purposes of this Division the unimproved value of any land shall be the amount which, in the Minister's opinion or, if the Minister has referred the matter to the Court, the Court's opinion experienced persons would be willing to pay for an estate in fee-simple in the land, exclusive of the market value of commercial timber (which value shall include the market value of trees with commercial potentiality) assuming the land were in the prescribed state and were offered for sale on such reasonable - terms and conditions as a bona fide seller would require. The expression " prescribed state " means- (a) in relation to land on which the Crown has outlaid moneys in the construction of improvements or the performance of development work before it ceased to be Crown land, which moneys have not been repaid to the Crown by any lessee and are not being so repaid by the current lessee, the state of the land as improved and developed when it ceased to be Crown land; ' (b) in relation to land other than that to which provision (a) refers, the unimproved state of the land. This subsection applies subject to subsection (3) of section 136 of this Act.". 5. Amendment of s. 192. Section 192 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) For the purposes of this section the unimproved value of any land shall be the amount which, in the Minister's opinion or, if the Minister has referred the matter to the Court, the Court's opinion experienced persons would be willing to pay for an estate in fee-simple in the land, exclusive of the market value of

882 Land Act Amendment and Pastoralists' Assistance Act 1974, No. 78 commercial timber ( which value shall include the market value of trees with commercial potentiality ) assuming the land were in the prescribed state and were offered for sale on such reasonable terms and conditions as a bona fide seller would require. The expression " prescribed state " has the meaning assigned to that expression by section 141 (1) of this Act.". 6. Amendment of s. 207. Section 207 of the Principal Act is amended by, in subsection (6), inserting after the words " has been improved the words " by the lessee ". 7. Amendment of s. 214 . The Principal Act is amended by inserting after section 214 the following section:- 214A. Extension of term of development lease . (1) The Minister, with the approval of the Governor in Council, may extend or further extend for such period as he thinks fit the term for which a development lease is for the time being granted but so that the term of the lease shall not in any case exceed 75 years from its commencement, and may, in connexion with such an extension or further extension, with the consent of the lessee, vary the terms and conditions to which the lease is subject. (2) Where a development lease is extended or further extended- (a) the lessee shall hold the land comprised therein subject to the terms and conditions of the lease as they were immediately prior to the extension or further extension, as the case may be, or where those terms and conditions are varied, shall hold such land on those terms and conditions as so varied, to the exclusion of any previous agreement, acquiescence, forbearance or waiver by or on, behalf of the Governor in Council or the Minister the terms whereof are not expressed in the instrument of lease; (b) the Registrar of Dealings shall make a noting of the extension or further extension and of the variation (if any) of the terms and conditions of the lease to be entered on the instrument of lease and in the appropriate register kept in the Department.". 8. Amendment of s. 287. Section 287 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding at the end of the section the following subsection:- " (2) Where the Commission is satisfied that the circumstances of any case in which its certificate is sought under the proviso to subsection (1) justify resort to the power conferred by this subsection. it may have regard to the interest or share actually

Land Act Amendment and Pastoralists' Assistance Act 1974, No. 78 883 held or to be acquired in any holding or other land by the applicant or other person who seeks the Minister's permission and, where the Commission does so, it shall inform accordingly the Minister who thereupon may have similar regard in relation to the grant or withholding of his permission under subsection (l) and in every such case- (a) the area of any holding or other land in question shall be deemed to be such area as bears to the actual area the same proportion as the interest or share actually held or to be acquired bears to the whole estate or interest granted or to be granted by the Crown in such holding or land; (b) the rent of any holding or other land in question shall be deemed to be such amount as bears to the actual rent the same proportion as the interest or share actually held or to be acquired bears to the whole estate or interest granted or to be granted by the Crown in such holding or land. (3) For the purposes of subsection (2) a holding or other land held or to be acquired by persons as joint tenants shall be deemed to be held or to be acquired by them in undivided equal shares.". 9. Amendment of s. 382. Section 382 of the Principal Act is amended by omitting from subsection (2) the words ", and may impose fees of court ". 10. Repeal of and new s. 383 . The Principal Act is amended by repealing section 383 and substituting the following section:- "383. Rules of Court. (1) The Governor in Council by Order in Council, with the concurrence of the Chief Justice of Queensland and at least three members of the Court, may make all such Rules of Court as are considered necessary or convenient for regulating the procedure and practice of the Court and the Land Appeal Court and for the purpose of giving full effect to this Act and any other Act that confers jurisdiction, power or authority on the Court or the Land Appeal Court. (2) Rules of Court made under subsection (1) may prescribe forms to be used in matters and proceedings in the Court or the Land Appeal Court.". 11. New s. 383A. The Principal Act is amended by inserting after section 383 the following section:- 383A. Fees . The Governor in Council by Order in Council may prescribe fees to be paid in respect of matters and proceedings in the Court or the Land Appeal Court and the purposes for which and the documents in respect of which such fees are payable, whether such matters and proceedings concern the jurisdiction, power or authority conferred on the Court or the Land Appeal Court by this Act or by any other Act.".

884 Land Act Amendment and Pastoralists ' Assistance Act 1974, No. 78 PART III-PASTORALISTS' ASSISTANCE 12. Meaning of term . In this Part, save where a contrary intention appears, the term " flood " means the abnormal inundation of land by flood waters which occurred in parts of the State between 1 January 1974 and 28 February 1974. 13. No entitlement conferred . No provision of this Part shall be construed to confer on any person a right or entitlement to any benefit which may be granted under the authority of this Part. 14. Application for extension of lease . The lessee of a holding held at the commencement of this Act on a grazing selection tenure or on a pastoral lease tenure who suffered substantial loss arising out of flood may make application as prescribed to the Minister that the term of his lease be extended for a period not exceeding 10 years. 15. Requirements of application . (1) Application made under section 14 shall be signed by the lessee concerned and shall be lodged with the Minister not later than six months, or such longer period as the Minister in his discretion allows in a particular case, after the commencement of this Act and shall specify accurately- (a) in respect of every improvement made to and developmental work performed on the holding during the term of the applicant's lease- (i) its description; (ii) its situation on the holding; (iii) its date of erection or completion; (iv) its approximate cost; (v) an estimate of its value as at the date of the application; (b) the carrying capacity of the holding as at the date of the application, an estimate of the potential carrying capacity of the holding, and the estimated capital outlay on improvements and developmental works to realise such potential carrying capacity; (c) details of stock losses that arose out of the flood in relation to the holding; (d) the extent to which the flood affected the proper working of the holding in accordance with the conditions of lease on which the holding is held; (e) such other information as the applicant considers material to the application. (2) The applicant shall furnish to the Minister, either as part of his application or separately therefrom, a copy of the stock returns relating to the holding for the period that the lease of the holding has been current or for the period of 10 years prior to the date of the application, whichever is the shorter period. and such information as the vlinister requires to be furnished as material to the application.

LandAct Amendment and Pastoralists ' Assistance Act 1974, No. 78 885 16. Commission to consider application . (1) Every application duly made to the Minister together with all other information furnished as material thereto shall be submitted to the Land Administration Commission, which shall thereupon make such inquiry and investigation as it considers necessary or desirable to enable the application to be properly considered and shall recommend to the Minister concerning the approval or rejection of the application and, in the event that the recommendation is for approval of the application, the period of extension of the lease (not exceeding 10 years) that the Commission considers appropriate to the case in question. (2) Upon its consideration of an application, the Commission shall have regard to- (a) stock numbers on the holding as at the date of the application and stock numbers that would normally be carried on the holding under average seasonal conditions; (b) stock losses, financial losses and other losses that arose out of the flood shown in relation to the holding; (c) the public interest, the interest of the applicant and the development of the public estate; (d) such factors and circumstances as it or the Minister considers material to the application and proper to be regarded. 17. Minister' s function re application . (1) If the Minister is satisfied that by reason of losses that arose out of flood the term of the applicant's lease will not permit a reasonable recoupment to the applicant of expenditure and a reasonable return on outlay in respect of the construction of improvements or the performance of development work on the holding concerned (whether in accordance with the requirements of the lease or in addition to those requirements) the Minister may in his discretion, having regard to the Land Administration Commission's recommendation concerning the application, approve an application duly made to him under section 14 and recommend such extension of the lease (not exceeding 10 years) as he thinks fit, but if the Minister is not so satisfied he shall reject the application. (2) The Minister shall submit the matter of an application approved by him together with his recommendation thereon to the Governor in Council. 18. Discretion of Governor in Council . The Governor in Council may in his discretion approve an application the approval whereof is recommended by the Minister whereupon the term of the lease to which the application relates shall thereby be extended for such period (not exceeding 10 years) as the Governor in Council approves. 19. General provisions affecting leases extended . (1) A lease extended pursuant to this Part shall be subject to the terms and conditions to which it was theretofor subject. (2) The Registrar of Dealings shall make an appropriate noting on the instrument of lease of every lease that is extended pursuant to this Part and in the appropriate register kept in the Department.

886 Land Act Amendment and Pastoralists' Assistance Act 1974, No. 78 (3) A period for which a lease is extended pursuant to this Part shall be taken to be a period of the term of the lease and the rent payable under the lease in respect of that period shall be subject to re-assessment by the Court in accordance with the Principal Act.