Land Act and Another Act Amendment Act 1990 (Qld)

1473 LAND ACT AND ANOTHER ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Amendment of s. 61. Conditions generally 4. Amendment of 131. Nature of tenure and conditions of lease 5. Amendment of s. 68 of the Land Act Amendment Act 1987-1988 ueenslana ANNO TRICESIMO NONO ELIZA ET AE SECUNDAE R EGINAE No. G'Zi of 1990 An Act to amend the Land Act 1962- 1990 and the LandAct Amendment Act 1987-1988 each in certain particulars [ASSENTED TO 29TH NOVEMBER, 1990] 48

1474 Land Act and Another Act Amendment Act 1990, No. 83 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 1990. 2. Principal Act and amended citation . (1) In this Act the Land Act 1962-1989 as amended by the Land Act Amendment Act 1990 and the Public Service (Administrative Arrangements) Act 1990 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. Amendment of s. 61 . Conditions generally . Section 61 of the Principal Act is amended by inserting after paragraph (e) the following paragraph:- "(ea) Notwithstanding the preceding paragraphs, where in respect of such a lease- (i) the annual rent determined for the first decennial rental period is greater than the annual rent determined for the rental period ending 31 December 1989; (ii) which commenced on or after 1 January 1990, the annual rent determined for the first decennial rental period is greater than the annual rent that would have been determined for that lease had it existed during a rental period ending 31 December 1989; the annual rent for the year (or as the case may be, period) ending 31 December 1990 is to be- (iii) in respect of a lease referred to in subparagraph (i)- the same rent as the rent determined for the rental period ending 31 December 1989; (iv) in respect of a lease referred to in subparagraph (ii)- the same rent as the rent that would have been determined for that lease had it existed during a rental period ending 31 December 1989; and the lessee of that lease is to be credited with any rent paid in excess of the rent required by this paragraph;". 4. Amendment of s. 131. Nature of tenure and conditions of lease. Section 131 of the Principal Act is amended by inserting after subsection (3) the following subsection:- "(3A) Notwithstanding the preceding subsections, where in respect of such a lease- (a) the annual rent determined for the first decennial rental period is greater than the annual rent determined for the rental period ending 31 December 1989;

Land Act and Another Act Amendment Act 1990, No. 83 1475 (b) which commenced on or after 1 January 1990, the annual rent determined for the first decennial rental period is greater than the annual rent that would have been determined for that lease had it existed during a rental period ending 31 December 1989; the annual rent for the year (or as the case may be, period) ending 31 December 1990 is to be- (c) in' respect of a lease referred to in paragraph (a)- the same rent as the rent determined for the rental period ending 31 December 1989; (d) in respect of a lease referred to in paragraph (b)- the same rent as the rent that would have been determined for that lease had it existed during a rental period ending 31 December 1989; and the lessee of that lease is to be credited with any rent paid in excess of the rent required by this subsection.". 5. Amendment of s. 68 of the Land Act Amendment Act 1987- 1988. (1) The Land Act Amendment Act 1987-1988 is amended in section 68 by omitting subsection (2). (2) The Land Act Amendment Act 1987-1988 as amended by subsection (1) may be cited as the Land Act Amendment Act 1987-1990. (3) This section is to be taken as having commenced on 30 April 1987 and is to be given retrospective effect accordingly.