Land Act and Another Act Amendment Act 1988 (Qld)

84 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1988 An Act to amend the Land Act 1962-1987 and the LandAct Amendment Act 1987 each in certain particulars and for related purposes [ASSENTED TO 7TH APRIL, 1988]

Land Act and Another Act Amendment Act 1988, No. 12 85 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 and Another Act Amendment Act 1988. 2. Principal Act and amended citation . (1) In this Act the Land Act 1962-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Land Act 1962-1988. 3. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word "section" in paragraph (e) the words "352A or section"; (ii) omitting the word "or" where it occurs between paragraphs (e) and (f); ( ii. i.ii)) omitting from the end of paragraph (f) the expression "," and substituting the expression ";"; (iv) inserting after paragraph (f) the word "or" and the following paragraph:- "(g) a boundary correction or amendment pursuant to section 334E (3),"; (v) omitting the words "or surrender" where they twice occur after paragraph (f) and substituting the words ", surrender, correction or amendment" in each case; (b) in subsection 5- (i) in the note appearing in and at the beginning of the subsection omitting the word " Endorsement " and substituting the word "Recording"; (ii) omitting the word "enter", the word "entered" and the word "entry" wherever they each occur and substituting the word "record", the word "recorded" and the word "recording" in each case respectively; (c) adding at the end of the section the following subsection:- "(7) Where the deed of grant to land granted in trust for the benefit of Aboriginal or Islander inhabitants is surrendered to the Crown and a fresh deed of grant is issued upon the same trusts to the trustee of the land so surrendered for all or part of the land so surrendered, no fee shall be payable for or in respect of the issue of such fresh deed of grant.".

86 Land Act and Another Act Amendment Act 1988, No. 12 4. Amendment of s. 171. Notification of land for sale. Section 171 of the Principal Act is amended in subsection (1) by- (a) omitting the words ", if upon terms," and substituting the following:- (i) if for cash, that there shall be payable at the time of the sale- (A) the full amount of the purchasing price; or (B) a deposit, which shall be ten per centum of the purchasing price, whichever is specified and, where a deposit has been so specified, that the balance of the purchasing price shall be payable within a specified number of days (being not more than 90) from and including the date of the sale; (ii) if upon terms,"; (b) omitting from paragraph (c) the words "purchase money" and substituting the words "purchasing price". 5. Amendment of s. 177. Section 177 of the Principal Act is amended by adding at the end of the section the following subsections:- "(5) Notwithstanding the provisions of subsection (3), where a purchaser of land offered for sale for cash upon payment of a deposit, pursuant to section 171 (1), fails to pay the balance of the purchasing price within the time specified in the sale notification, the sale shall lapse and thereupon- (a) the deposit paid by the purchaser shall be forfeited to the Crown; and (b) the purchaser shall have no estate or interest in or further claim to the land concerned. (6) Every such lapse shall be notified by the Minister in the Gazette and shall take effect on the day immediately, following the last day of the time specified in the relevant sale notification.". 6. Amendment of s. 204. Terms and conditions of special lease. Section 204 of the Principal Act is amended by- (a) omitting subsection (5A); (b) omitting paragraph (a) of subsection (SB) and substituting the following paragraph:- "(a) Where the annual rent determined by the Minister for the second or a subsequent rental period is more than $200- (i) the lessee may require the annual rent for that rental period to be determined by the Land Court;

Land Act and Another Act Amendment Act 1988, No. 12 87 and (ii) the notification made by the Minister pursuant to subsection (5) shall specify a date, being a date not less than 42 days nor more than 60 days from the date of issue of the notification, by which a lessee's written request, that the annual rent be determined by the Land Court, is to be received by the Minister."; (c) omitting subsection (10). 7. Amendment of s. 334c. Exclusions from grants in trust. Section 334c of the Principal Act is amended by- (a) omitting the word "There" and substituting the words "Where land is granted in trust for the benefit of Aboriginal or Islander inhabitants, there"; (b) omitting the words "a grant" and substituting the words "the grant". 8. Amendment of s. 334D. Reservations from grants in trust. Section 334D of the Principal Act is amended by- (a) omitting the word "In" and substituting the words "Where land is granted in trust for the benefit of Aboriginal or Islander inhabitants, in"; (b) omitting the words "a grant" and substituting the words "the grant". 9. Amendment of s. 334E. Description of land granted in trust, excluded or reserved . Section 334E of the Principal Act is amended by- (a) in subsection (l)- (i) inserting after the word "practice" the words "to the contrary, where land is granted in trust for the benefit of Aboriginal or Islander inhabitants"; (ii) omitting the words "a grant" and substituting the words "the grant"; (b) omitting from subsection (2) the words "Deed of Grant" where they twice occur and substituting the words "deed of grant" in each case; (c) omitting subsection (3) and substituting the following subsections:- "(3) Where, at any time after a deed of grant has been issued pursuant to paragraph (b) of subsection (2)- (a) greater certainty, by survey or otherwise, is obtained as to the location of the boundaries of the land granted in trust or land excluded or reserved from the land granted in trust;

88 Land Act and Another Act Amendment Act 1988, No. 12 or (b) the Governor in Council on the recommendation of the Minister by Order in Council approves an alteration to the location of the boundaries of the land granted in trust or the road or other land excluded or reserved from the land granted in trust (or both), the trustee shall surrender to the Crown his title to the land so granted, and thereupon a fresh deed of grant delineating the correct or amended boundaries shall be issued to the trustee for the land so granted. (4) Where a fresh deed of grant is issued pursuant to subsection (3), the land comprised in the fresh deed of grant and held by the trustee shall be land granted in trust for the benefit of Aboriginal or Islander inhabitants. (5) 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.". 10. New s. 343A. The Principal Act is amended by inserting the following section after section 343:- "343A. Leasing by trustees contrary to purpose of grant or reserve. (1) Notwithstanding any other provision of this Division to the contrary, the Governor in Council, on the recommendation of the Minister, may approve that land granted in trust or reserved may be leased by the trustees of the land so granted or reserved for a purpose other than the public purpose for which the land was so granted or reserved. (2) The lessee of land referred to in subsection (1) shall not erect any structural improvements on that land.". 11. Amendment of s. 344. Provisions applicable to leases. Section 344 of the Principal Act is amended by inserting before the word "hold" in subparagraph (c) (ii) the words "except where a lease is granted for a purpose approved pursuant to section 343A,". 12. Amendment of s. 352A. Special provisions for resumption of land granted in trust for the benefit of Aboriginal or Islander inhabitants. Section 352A of the Principal Act is amended by adding at the end thereof the following subsections:- "(4) Notwithstanding the provisions of subsection (1), where the trustee of land granted in trust for the benefit of Aboriginal or Islander inhabitants agrees to exchange land so granted for land of an equal or greater area comprised in a reserve or road he shall surrender to the Crown his title to the land so granted, and thereupon a fresh deed of grant shall be issued to the trustee for the land so granted, excluding the land exchanged by the trustee and including the land for which that land was so exchanged.

Land Act and Another Act Amendment Act 1988, No. 12 89 (5) Where a fresh deed of grant is issued pursuant to subsection (4), the land comprised in the fresh deed of grant and held by the trustee shall be land granted in trust for the benefit of Aboriginal or Islander inhabitants. (6) 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.". 13. Amendment of s. 358. Resumption of reservations for public purposes . Section 358 of the Principal Act is amended by- (a) in subsection (3)- (i) inserting after the words "The Minister shall" in paragraph (b) the words ", except where the land possession of which is resumed is land comprised in a reservation made pursuant to section 334D,"; (ii) inserting after the words "the land" in paragraph (c) the words ", other than land granted in trust for the benefit of Aboriginal or Islander inhabitants,"; (iii) inserting after the words "the land" where they first occur in paragraph (d) the words ", other than land granted in trust for the benefit of Aboriginal or Islander inhabitants"; (iv) omitting the word "endorsed" and the word "endorsement" wherever they each occur in paragraph (d) and substituting the word "recorded" and the word "recording" in each case respectively; (b) inserting after subsection (3) the following subsection:- "(3A) (a) Where the land possession of which is resumed is land comprised in a reservation made pursuant to section 334D the trustee shall surrender to the Crown his title to the land so granted and, thereupon a fresh deed of grant excluding the land possession of which is so resumed shall be issued to the trustee. (b) Where a fresh deed of grant is issued pursuant to paragraph (a), the land comprised in the fresh deed of grant and held by the trustee shall be land granted in trust for the benefit of Aboriginal or Islander inhabitants. (c) 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 subsection.". 14. Savings and transitional . Where the Minister, prior to the date of commencement of this Act, has notified a lessee of his determination of the annual rent pursuant to section 204 (5) of the Principal Act, then the provisions of sections 204 (5A) and 204 (5B) of the Principal Act shall apply in relation to the annual rent specified in that notification to the extent that those sections would have applied had those sections not been amended by this Act. 4

90 Land Act and Another Act Amendment Act 1988, No. 12 15. Amendment of s. 68 of the Land Act AmendmentAct 1987. (1) The Land Act Amendment Act 1987 is amended in section 68 by omitting from subsection (6) the expression "61" and substituting the words "61 (other than paragraph (e))". (2) The Land Act Amendment Act 1987 as amended by subsection (1) may be cited as the Land Act Amendment Act 1987-1988. (3) This section shall be deemed to have commenced on 30 April 1987 and shall be given retrospective effect accordingly.