Land Act and Another Act Amendment Act 1982 (Qld)

113 QuEExt$1 nt ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1982 An Act to amend the Land Act 1962- 1981 in certain particulars , to amend the Land Act and AnotherAct Amendment Act 1981 in a certain particular and for other purposes [ASSENTED TO 20TH APRIL, 1982]

114 Land Act and Another Act Amendment Act 1982, No. 11 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 . This Act may be cited as the Land Act and Another Act Amendment Act 1982. PART II-AMENDMENT OF LAND ACT 1962-1981 2. Citation . (1) In this Part the Land Act 1962-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Land Act 1962-1982. 3. Repeal of ss. 135 and 136. The Principal Act is amended by repealing sections 135 and 136 and the heading " Perpetual Lease Selections " appearing immediately above section 135. 4. Repeal of and new s. 207. The Principal Act is amended by repealing section 207 and substituting the following section:- " 207. Sale of special lease holdings ( 1910 , s. 175 B). (1) The lessee of a special lease other than- (a) a lease of land reserved and set apart for a public purpose, which is still required for that or another public purpose; or (b) a lease that contains a condition to the effect that the lessee cannot utilize the provisions of this section, however expressed, who considers that he has reasonably improved the holding may apply to the Minister to be allowed, as provided by this section, to purchase the holding or any part thereof. (2) If upon such an application the Minister is satisfied that- (a) the holding has been reasonably improved, having regard to its unimproved value or the purpose for which it is used; and (b) the holding is not required for any public purpose or otherwise for the purpose of its being dealt with in any manner in which Crown land may be dealt with under this Act, he shall approve the application, provided that if the application relates to the purchase of the whole of a holding he may approve the application in respect of part only of the holding, whereupon the appropriate provisions of this section shall be given effect but, if he is not so satisfied, he shall refuse the application. For the purpose of determining whether land has been reasonably improved having regard to its unimproved value, any improvements within the meaning of this Act and any developmental work by which, having regard to its unimproved state, that land has been improved may be taken into account.

Land Act and Another Act Amendment Act 1982, No. 11 115 (3) If the holding to which an approved application relates or the part of the holding in respect of which an application has been approved has been surveyed and a plan of survey in respect thereof has been registered and charted in the office of the Department of Mapping and Surveying, the Minister shall make an offer to the lessee, in writing, to sell the holding or, as the case may be, that part to the lessee for a purchasing price specified in the offer, such purchasing price to be paid in a manner set forth in the offer. An offer made pursuant to this subsection shall lapse upon the expiration of three months from the date of the offer unless within that period the lessee notifies the Minister in writing that he accepts the offer and makes his acceptance effective. An acceptance of an offer made pursuant to this subsection shall not be effective until the lessee pays, in accordance with the offer made to him, the purchasing price, or a deposit thereon. (4) If the holding to which an approved application relates or the part of the holding in respect of which an application has been approved has not been surveyed or a plan of survey in respect thereof has not been registered and charted in the office of the Department of Mapping and Surveying, the Minister shall make a conditional offer to the lessee, in writing, to sell the holding or, as the case may be, that part for a purchasing price specified in the offer, such purchasing price to be paid in a manner set forth in the offer, subject to the condition that the lessee shall at his own expense have the necessary survey made and a plan of survey in respect thereof registered and charted as aforesaid. An offer made pursuant to this subsection shall lapse- (a) upon the expiration of three months from the date of the offer, unless within that period the lessee notifies the Minister in writing that he accepts the offer subject to his having the necessary survey made; or (b) upon the expiration of six months from the date of the acceptance referred to in paragraph (a) or such longer period as the Minister in his discretion may allow in a particular case, unless within that period or longer period the condition of the offer is satisfied. (5) The lessee to whom an offer is made pursuant to subsection (4) shall not pay the purchasing price specified in the offer or a deposit thereon until he is notified in writing by the Minister that the plan of survey prepared at the lessee's expense has been registered and charted in the office of the Department of Mapping and Surveying but his acceptance of that offer shall not be effective until, after being so notified, he pays, in accordance with the offer made to him, the purchasing price or a deposit thereon. (6) The obligation of a lessee to pay rent under a Special Lease for the holding or the part of a holding in respect of which an offer has been made pursuant to subsection (3) or (4) shall terminate upon the expiration of the day immediately preceding the day on which his acceptance of the offer becomes effective.

116 Land Act and Another Act Amendment Act 1982, No. 11 (7) The Governor in Council may sell to a lessee the holding or the part of a holding in respect of which an offer has been made pursuant to subsection (3) or (4) for cash or by way of demise in accordance with the acceptance of that offer by the lessee and, upon payment of the whole of the purchasing price (together with interest thereon, where applicable) in accordance with the offer and acceptance, and all other moneys payable by the purchaser in respect of the sale, shall issue to the purchaser a deed of grant in fee simple for the holding or, as the case may be, that part. (8) Where the sale of a holding or part of a holding is by way of demise, the demise shall be subject to the following terms, conditions and provisions :- (a) the term shall be- (i) in the case of a holding that, in the Minister's opinion, is used for a purpose of primary industry other than mining, 20 years except where the annual instalment payable in respect of the balance of the purchasing price (compounded of principal and interest) does not exceed $200; (ii) in any other case (including a holding referred to in provision (1) where the exceptions specified therein or either of them are or is applicable), a term fixed by the Minister but not exceeding 10 years, which term shall commence on the day next following the day on which the acceptance of the offer to sell becomes effective. (b) the lessee shall pay a deposit against the purchasing price in an amount fixed by the Minister and specified in the offer made pursuant to subsection (3) or (4) and shall pay the balance of the purchasing price together with interest at the rate prescribed at the time his term of demise commences by Order in Council and until otherwise prescribed at the rate of 12 per centum per annum, calculated at annual rests on the balance remaining unpaid for the time being, in equal annual instalments compounded of principal and interest. (c) the lessee shall pay the annual instalments on or before the day that is the anniversary in each year of the term of the demise of the date on which that term commenced. (d) the annual instalments (compounded of principal and interest) of the balance of the purchasing price and interest thereon shall be payable as rent. (e) the instrument of lease evidencing the demise shall contain a covenant that upon payment of the whole of the purchasing price and interest thereon and all other moneys payable by the lessee in respect of the purchase the Governor in Council shall, in the name of Her Majesty, grant in fee simple to the lessee the demised land. (9) The provisions of this Act applicable to a purchase of land pursuant to Part VII shall, subject to subsection (8), apply to a purchase of land pursuant to this section.

Land Act and Another Act Amendment Act 1982, No. 11 117 (10) -Rates- of interest may be so prescribed in respect of purchases pursuant to this section that the rate payable by a lessee who is purchasing land by way of a demise having a term of 20 years may be different from the rate payable by a lessee who is purchasing land by way of demise for any other term. (11) Subject to this section, the provisions of sections 187 and 212 shall apply, with and subject to all necessary adaptations, to any perpetual town lease, perpetual suburban lease or perpetual country lease issued pursuant to section 207 of the Land Act 1962-1978. Every such lease shall be distinguished in the records of the Department and be endorsed as a perpetual town lease (non-competitive lease ), perpetual suburban lease (non-competitive lease ) or perpetual country lease (non-competitive lease ), as the case may be.". PART III-AMENDMENT OF LAND ACT AND ANOTHER ACT AMENDMENT ACT 1981 5. Citation . (1) In this Part the Land Act and Another ActAmendment Act1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Land Act and Another Act Amendment Act1981-1982. 6. Repeal of s. 2 of Act No . 21 of 1981 . The Principal Act is amended by repealing section 2. PART IV-PROVISIONS AFFECTING CERTAIN PURCHASES, HOLDINGS AND APPLICATIONS 7. Extension of period of existing purchases . (1) Within six months or such longer period as the Minister in his discretion allows in a particular case from the date of passing of this Act a lessee of a holding under a demise granted pursuant to section 207 of The Land Act of1962 as amended to the date of the demise may apply to the Minister for an extension of the period within which he is, at the date of passing of this Act, required to pay the balance of the purchasing price of the holding and the Minister may in his discretion extend the period as he thinks fit but so that no period as so extended shall be more than doubled in duration. (2) Where an extension is granted under subsection (1) the annual instalments payable by the lessee in respect of the balance of the purchasing price shall be recalculated so that the amount of the purchasing price that has not become due and payable at the date of the lessee 's application under this section, together with interest thereon at the rate that would be applicable to a demise of land put to the same use as the lessee 's land granted under the Land Act 1962-1982 at the date of the lessee 's application under this section, shall be paid by him in equal annual instalments over the period as so extended.

118 Land Act and Another Act Amendment Act 1982, No. 11 (3)- The Registrar of Dealings shaI make an appropriate noting on the instrument of lease evidencing a demise in respect of which the period has been extended pursuant to this section and in the appropriate register kept in the Department. 8. Application of ss. 127 and 188 Land Act to Irrigation Areas. (1) Subject to this section, the provisions of sections 127 and 188 of the Land Act 1962-1981 apply respectively and have applied respectively since the commencement of the Land Act and Another Act AmendmentAct1981 in respect of Perpetual Lease Selections and Auction Perpetual Leases that pursuant to the Irrigation Areas (Land Settlement) Act 1962-1972 are to be deemed to be leases under that Act and the LandAct within the meaning of that Act. (2) The operation of subsection (1) is subject to the following provisions:- (a) where the annual rent of a lease that was due for assessment on or after 1 January 1981 has been determined and the unimproved capital value so determined is less than the unimproved capital value notified or determined for the rental period current on 31 December 1980 the first-mentioned unimproved capital value shall for the purposes of section 127 or 188 as the case may be, be the unimproved capital value for the rental period commencing on 1 January 1981; (b) where the annual rent of a lease that was due for assessment on or after 1 January 1981 has been determined and the rent so determined is greater than the rent notified or determined for the rental period current on 31 December 1980 the first-mentioned determination of that rent shall be void and of no effect; (c) where moneys have been paid in pursuance of the determination of an assessment due on or after 1 January 1981 which are in excess of moneys which would have been payable in accordance with section 127 or, as the case may be, 188, the difference between the amounts paid and the amount which would have been payable in accordance with section 127 or, as the case may be 188 shall be credited as rent; (d) the provisions of section 127 and 188 as the case may be, of the Land Act 1962-1981 do not apply- (i) to a lease subsisting at the date of the passing of the LandAct and Another Act Amendment Act1981 in respect of which an application has been made under section 135 or 191 as the case may be of the Land Act 1962-1981 and completed prior to the date of the passing of this Act; (ii) to a lease subsisting at the date of the passing of this Act in respect of which an application has been made under section 191 of the Land Act 1962-1981 prior to the passing of this Act but has not been completed prior to that date, unless or until the application lapses as prescribed or the Minister duly rejects the application and in that event the provisions of section 188 of that Act shall apply as if the application had not been made.

Land Act and Another Act Amendment Act 1982, No. 11 119 For the purposes of subparagraph (i) of this paragraph (d) an application shall be deemed to have been completed when the applicant duly made the election prescribed by section 142 or, as the case may be, 193 of the Land Act 1962-1981. (e) the period within which a lessee may apply to the Minister under section 127A or 188A of the Land Act 1962-1982 shall be deemed to commence on the date of passing of this Act. 9. Completion of existing applications . Every application made under section 135 of The Land Act of1962 as amended to the date of the application in respect of a Perpetual Lease Selection and received by the Minister on or before the date of passing of this Act and not completed shall be continued and completed as if this Act had not been passed and for that purpose every relevant provision of the Land Act 1962-1981 shall be deemed to continue in force and to have the operation and effect it had immediately before the passing of this Act. For the purposes of this section, an application referred to herein shall be deemed to have been completed- (a) when the applicant duly made the election prescribed by section 142 of The Land Actof 1962 as amended to the relevant date; (b) when the application lapsed as prescribed by The Land Act of 1962 as amended to the relevant date; or (c) when the application was duly rejected by the Minister.