Land Act of 1910 (1 Geo v No. 15) (Qld)

9660 LA~ D. Land Act. 1 GEO. V. No. 15, GOVERNMENT LOAN. See LOANIl. GREAT WESTERN RAILWAY. See RAILWAYS. INQUIRIES, OFFICIAL, EVIDENCE AT. See EVIDENCE. LAND. 1 N G o e . o 1 . 5 V . . An Act to Consolidate and Amend the Law relating THE to the Occupation, Leasing, and Alienation LAND ACT OF 1910. of Crown Land. [ASSENTED TO 31ST DECEMBER, 1910.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, PART I- as follows : - PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The Land Act oj 1910." m1C8oe9mn' 7tm, o s e . fn3Ac. ec- t. from 2 t . heThfiirsstAdcatys O h f alJlancuoamrmy,enocnee athnodustaakned nefifneecthuonndarnedd and eleven. ' Division of Act. 1897, s. 2. 3. This Act is divided into Parts, as follows:- PAR'l' ] .-PRELHlINA\{Y : PART Il.--ADjVIINISTRATION: DIVISION I.-General P1'ovisio1ZS; mVISION II.- Cormnissioners and olher Officers; DIVISION IlI.- The Land Court: DIVISION IV.-The Land Appeal Oourt; DIVISION V.-Appeals from the Land Appeal Court; PART IlI.-PASTORAL 'TENURES: DIVISION I.-Pastoral Leases; DIVISION II.-Occupation Licenses: PART IV.-SELECTIONS: DIVISION I.-General.Provisions; DIVISION Il.-Agricult'ltral Selections; DIVISION IlL-Grazing Selections; lHVISION IV.-Prickly-pear Selections; DIVISION V.- Unconditional Selections; PART V.-SALES BY AUCTION: PART VI.-ANCILLARY PROVISIONS: DIVISION I.-Surrender; DIVISION II.-Improvements made by Prede- cessor; ~ " _ _ _ _ _. .L

1910. Land Act. 9661 PART 1.- PRELIMINARY. DIVISION III.- Rent; DIVISiON IV.-]!'m:!eitliJre, g-c. ; DIVISION V.-Destruction of Noxious Plant8, especially Prickly-pear; DIVISION VI.-Resumption and Compensation; DIVISION VI L-lYIortgage8 ; DIVISION VIII.-Miscellaneuus Provisions: PAR1' VII.-SPECIAL GRANTS AND LEASES, RE- SERVES, ROADS, AND EXCHANGES: PART VIII.-GENERAL PROVISIONS: PARr IX.-REGULA'l'IONS AND RULES. 4. In this Act, unless the context otherwise indicates, Interpre~ - the f 0 11ow. mg t erms have the meamn . ~ s set agam. st them 1ti8o9n7osfst. e 4 rm7s5. respectively, that is to say:- 190.' , . " Commissioner"-The Land Commissioner for the Commis- district in which the, land in question is sioner. situated: the term includes a Deputy Land Commissioner; " Committee," used with reference to insane per- Committe@. sons-includes the Curator in Insanitv and his deputy; • "Contiguous," used with reference to holdings- C0ntiguous. extends to holdings which are only separated by a road or roads, or by a watercourse or other natural feature insu(ficient to prevent the passage of stock; "Country Land "-All Crown land which IS not Country town land or suburban land; land. " Court,,-rrhe Land Court under this Act; Oourt. "Crown Land "-All land in Queensland, except Crown land. land which is, for the time heing- (a) Lawfully granted or contracted to be granted in fee-simple by the Crown; or (b) Reserved for or dedicated to public purposes; or (0) Subject to any lease or license lawfully granted by the Crown: Provided that land held under an occupation license shall- be deemed to be Crown land; " Destruction," with its derivatives, used with refer- Destruction. ence to noxious plants-Extirpation eradica- tion and entire destruction; " District"- A district appointed, or deemed to District. have been appointed, under this Act; C ...

9662 PART 1.- PRELIMINARY. LAND. Land Act. 1 GKO. V. No. 15, Full Court. Holding. Improve- ments. Land agent. Lessee. Local Authorities Act. Minister. Noxious plants. Occupation license. Pastoral holding. Pastoral lessee. Prescribed. Public purposes. "Full Oourt "-The Full Oourt within the meaning of " The Supreme Court Act of 1895 ,,* ; " Holding"-The land held by any lessee: the term inc1udes a selection on and from the date of the license to occupy; "Improvements"-Any building, yard, fence, well, bore, . reservoir, artificial watercourse or watering-place, apparatus for raising holding or conveying water, garden, plantation, culti- vation or any erection construction or appliance being a fixture for the working or management of a holding or of any stock depastured thereon or for maintaining or increasing the natural capabilities of the land; "Land Agent "-The land agent for the district in which the land in question is situated: the term includes the officer for the time being performing- any of his duties; "Lessee"-'l'he holder of a lease under this Act; " Local Authorities Act "-_H The Local A ut'horities Act of 1902,"t with its several amendments, and any Act amending or in Rubstitution for those Acts or any of them; "Minister"-'l'he Secretary for Public Lands or other Minister who for the time being performs his duties; "Noxious Plants"-Prickly-pear (Opuntia, various), zamia (cycadaceous plants), desert poison bush (Gastrolobiurn grandijlorurn) , and any other plant which the Governor in Oouncil, by notification in the Gazette, declares to be a noxious plant for the purposes of this Act; "Occupation License "-An occupation license issued or deemed to be issued under Part Ill. ; " Pastoral Holding"-The land comprised in a lease under and subject to Division 1. of Part Ill. ; "Pastoral Lessee' '-The lessee of a pastoral holding; "Prescribed"-""l}rescribed by tbis Act; H Public Purposes"-Any of the following objects' or purposes, namely :- Abattoirs Agricultural and hor- Aboriginal reserves ticultural societies * 59 Vic. No. 21, supra, page 5721. t 2 Edw. VII. No. 19, supra, page 8355.

1910. LAND. .Land Act. 9663 PART L- . PRELIMINARY. Appliances for the Markets destruction of pests Mining reserves or vermin Museums Approaches Orphanages Asylums and indus- Parks, gardens, espla- trial homes nades, and recrea- Baths tion grounds Bridges Pasturage reserves Buildings Police purposes Oamping-places Port and harbour Oanals purposes Cemeteries, mortuary Prisons and l~kUPS and burial places Quarries, ballast Oharitable institu- grounds,an gravel tions pits. Departmental and Racecourses j official purposes Railway purposes Easements and rights Roads and stock of way routes Educational institu- Schools of art tions Scientific pur ·oses Electrical works State schools 1 Exhibitions and show Stock control and grounds health Experimental farms Technical sch ols Ferries, fords, and rrownships crossings rrramway purposes Forestry and forest U niversitv and col- products lege pu~ poses GGryammnmasairumscshools and WWaatteerrcinogu- rpseIasccs athletics Wharves, detties, Health purposes slips, quays, and Hospitals landing-places Libraries Works for obtaining,. Local government conserving, distri- purposes buting, or utilising Magazines water "Quarter Day"-The first day of January, the Q,uarter first day of April, the £rst day of July, aIld the day. first day of October respectively in any year; "Rabbit-proof," used with reference to fenciIig- Rabbit-proof of such character as to prevent the passage of rabbits; " Registered Bailiff," used with reference to Registered selections-a person who is the actual and bona h'Hff.

9664 "PAR'l' I.- PBELIKINABY, LASD. Land Act. 1 GEO. V. l\ o~ 15, Registrar. Regulations•. Selection. Selector. Simultaneous applications. Suburban land. This Act. Town land. fide manager, agent, or bailiff of the selector for the purpose of the occupation of the selec- tion, and whose appointment is made in writing, in duplicate, and signed by the selector and the bailiff, and registered in the office of the Commissioner; " Registrar" includes a Deputy Registrar; " Regulations"-Regulations made under this Act; "Selection"-The making of an application for land under Part IV., or the land selected, as the context may require: when necessary, the tel'm includes land held as a selection under whatever Act the land was selected; "Selector"-The person making' application for a selection or entitled for the time being to the land in question: the term, when necessary, includes the executor or administrator of a decea~ ed selector, or, if no probate or adminis- tration has been granted, the person entitled to entry of transmission of the selection of a deceased selector in the records of the Depart- ment of Public Lands, or the committee of an insane selector; "Simultaneous Applications"-Without limiting the meaning of' the expression in cases of applications which are in point of time simultaneous-all applications for the same land which are lodged at or before the time stated in the notification declaring the land open shall be deemed to be simultaneous; " Suburban Land "-All Orown land heretofore set apart or hereafter to be set apart as such; "'rhis Act"·-This Act and all Regulations, Orders in Council, and notifications made and issued thereunder; . "Town Land "-All Crown land heretofore set apart or hereafter to be set apart as such. Repeal. Repeal of 5. The Acts mentioned in the :First Schedule to this ~ ~ : ~ dule I Act are repealed to the extent therein indicated. The said 1897,s8.5:6, Acts" are hereinafter referred to as the" repealed Acts" : 8,9,18,262; 1902, s. 16.

1910. LAND. Land Act. 9665 PABTI.- PRIIlLIMINAIll!'. Provided as follows.:- (i.) All leases of land granted and held under the repealed Acts, or any Act thereby repealed, shall be deemed to have been granted under the analogous provisions of this Act, and shall in all respects be subject to this Act. But, subject to. any conversion of the tenure under this Act, every existing scrub selection held pursuant to Part IV. of "The Land Act, 1897,"* shall, during the subsistence of the term, continue to be subject to that Act: Moreover, section forty-seven of "The Lanr/, Act, 1902,"t and section thirtv-four of "The Land Acts Amendment Act oi 1905" t shall continue to be applicable to the selec- tions to which the same have been applied, and the liability of the selectors under the said sections shall continue until all payments required to be made under the said sections have been made: Moreover, nothing in this Act shall be construed to derogate from the operation of " The Agricultural Lands P.urchase Acts, 1894J to 1901,"§ so far as those Acts relate to lands held thereunder at the commencement of this Act, or to derogate from the operation of " The. Closer Settlement .Act of 1\106 "11 (including any Act which applies the provisions of that Act), and refl3rences in the last-mentioned Act to the repealed Acts shall be taken to be references to this Act; (ii.) All applications for land and all licenses to occupy selections made and issued under the repealed Acts shaH be deemed respectively to have been made and issued under this Act; (Ui.) All Crown land held under an occupation license or uuder a right of depasturing pursuant to any Act shall be deemed to be held. under-ocGupation license, and as such shall in all respects be subject to this Act; * 61 Vic. No. 25, supra, page 6228. t 2 Edw. VII. No. 18, supra, page 8313. . :t 5 Edw. VII. No. 28, 8upra, page 8891. § 58 Vic. No. 27, supra, page 4988; 61 Vie. No. 13, fupra, page 622:t; q,nd 1 Edw. VII. No. 9, supra, page 8103. . 11 6 Edw. VII. No. 32, supra, page 9067. -- --- ~

9666 PART 1.- P1lELIMINARY. LAND. Land Act. 1 GEO. V. No. 15, (iv.) Subject always to this Act- (a) All proclamations and notifications published, all appointments made, all regulations, rules, and forms promulgated, all districts, counties, and parisheR constituted, and all things law- fully done under the repealed Acts and in force or subsisting at the commencement of this Act, shall continue to be of full force and effect, and shall, so far as is consistent with this Act, be deemed to have been published, made, promulgated, constituted, and done under the analogous provisions of and for the pUl'po.ses. of this Act; (b) Every mortgage and every underlease of a holding duly executed and registered under the repealed Acts or any Act thereby re- pealed and subsisting at the commencement of this Act shall be deemed to be a mort- gage or sublease, as the case may bc, of such holding f()r all the purposes of this Act, and shall have the same effect as if it had been . executed and registered under this Act; (c) The said repeal shall not affect the previous operation of the repealed Acts, or any act, right, agreem~ nt, grant, or title validated ·or confirmed thereby, or anything duly done or suffered thereunder, or any pending inquiry, hearing, appeal, or other legal pro- ceeding, but the same may proceed as if this PART II.- Act had not been passf'd. ADMINISTRA' TION. DIVISION 1.- General Provisions. P AR'l' n.-ADMINISTRATION. DIVISION 1.- General Provision8. Grants and 6. (1.) Subject to this Act, the Governor in Council 1le8a9s7es, . ss. 12, may, in the name of His Majesty, grant in fee-simple, or 13. demise for a term of . years, any Crown land within Qu~ensland. (2.) The grant or lease shall be made subject to such reservations and conditions as are authorised or prescrihed by this Act or any other Act, and sb-aUbe made in the . prescribed form, and being so made shall be valid and effectual to convey to and vest in the person therein named the landt.herein described for the t:state or interest therein stated. le.

LA.ND. 966'1' 1910. Land.Act. PART II.- ADMINISTRA- TION.' (3.) The rights of the Crown in gold and other DI~ : ~ ~ ; a~ ' ­ minerals, and the reservations with respect to the same Provisions. which are to be contained. in all Crown grants and leases, are declared and prescribed in " The Mining on Private Land Aot of 1909."* . (4.) In addition to any reservation nnthorised or pre- scribed by this Act or any other Act in any grant or lease made after the commencement of this Act, there may be reserved for any public purposes, whether specified or not, a part of the land comprised therein of an area to be specified, but without specifying the part of the land so reserved. And it is hereby declared that all such reservations in all grants :md" leases made before the commencen:..ent of this Act are valid to all intents and purposes. 7. In any case in which a person who is entitled, or Gran.tor l~ Me if he had longer lived would have become entitled, to have ~ : ~ : s; r III a grant in fee-simple or a lease of Crown land issued to deceased , bim dies before such grant or lease is actually issued, or ~ ~rv~~ : No. 9 hefore his right to have it issued has accrued, the Governor s. 1. ' in Council may nevertheless (and in the latter case upon the happening of the event on which the right to have it issued accrues) issue such grant or lease to and in the name of such deceased person as if he were still alive. Every grant and lease so issued shall be fiS valid as if the deceased person had been living at the time of its issue, ann shall have the same effect, as between the severaJ persons entitled to the land comprised therein, as if the deceased person had died immediately after its issue. 8. (1.) 'Whenever, by reason of the opening or closing ~ llrrenderand o f' a road tllrough orad' J.O.lU.mg any 1an d h' eId'In f' ee- dlseseudesowf hferensh simple, the description of the land as comprised in the road opened eXl.St'mg I.nst rumentS O f tl'tle has ceased to be a con- o 46 r c V lo ie s . e N d. o. 4, venient description of the land to which, after such open- s. 1 to 5. ing and closing and the consequent alterations of boundary, any owner is entitled, such owner may surrender to the Crown his title to the land; and upon such surrender a fresh deed or fresh deeds of grant shall be issued compris- ing the land to which, after such opening or closing, such owner is entitled. . In the fresh deeds of grant the Governor in Council may reserve-the right to resume for public purposes an area equal to that comprised iuall roads so closed on * 9 Edw. VII. No.15, supra, page 9493.

LAND. _PART 11.- ADJUNISTRA· noli'. Land .t!cf. 1 GEO. V. No. 15, DIVISIOl'i 1.- - Gen.er. al payment of a sum per acre for the land resumed equal to Pf'OIIUt01l8. that paid per acre on the closure of the roads. or when (2.) When it is found, upon resurvey of any portion boundaries of land held in fee-simple, that the measured lengths of inaccurate. the boundaries thereof do not agree with the lengths of the boundal'ies as described in the deed of grant, and where no doubt exists as to the boundaries of the land intended to be granted, the owner of such portion may surrender to the Crown his title to the land, and thereupon a fresh deed of grant containing a corrected description of the boundaries of the land shall be issued to the owner of such portion. Land to be (3.) When land proposed to be surrendered under Pro;rt; bdughi al this section is not under the "Real Property ..Aot qf Act. 1861,"* no fresh deed of grant shall be issued until after the provisions of that Act relating to the bringing of land under that Act have been complied with. - End< ! rs~ ment (4.) When land under that ~ \ ct ullon which there is : o~ ~ g 4c. any mortgage or other encumbrance is surrendered under , this section, the Registrar of Titles shall endorse the mortgage or other encumbrance on the fresh deed of grant without fee, anything in any Act to the contrary notwithstanding Owner. (0.) For the purposes of this section, " owner" includes any person entitled to an estate of freehold in possession: Provided that, if any such owner is not absolutely entitled to the land, the fresh grant shall be to the same persons and for the same esta.tes as the persons ancI estates included in the former instruments of title. Oorrection of 9. (1.) No deed of grant whenever issued, and no mt o ii n s , de&8 c cr . i , ~ m . instrument in which an.v particulars correspond with grant by those contained in such grant, shall be void by reason 8 in u s b t s r e u q m u e e n n t t . on1y 0 fwatn 0 fcetr ' am t y m . any par t I ' CU Iars, ml.Sdescrl.p- 22 Vie. No.l, tion of the land, or misnomer of the grantee, or by reason 7~ , ~ , ~ . 6, 7, only that the person name~ as grantee is n·ot entitled to 1897, 88. 259, the grant, or that the estate intended to be granted is 260. erroneously stated, or that the grant is otherwise defective owing to error or omission in the preparation thereof, in any case where the Governor in Council, by an Order in Council, declares the matters. intended to be corrected and the description, name, estate, or matter substituted or added. (2.) No such Order shall be made until after notice of the intention to make the same, stating the name of the . • I/) Vie. No. 14, IUpra, page 2148. •

LAND. 9669 1910. Land Act. PART II.- ADMINISTRA' TION. DIVISION I.- grantee and of the party, if any. applying for the Order and Gen. e~ al the proposed corrections or additions, has been published I'rovIstons. twice in the Gazette and in some newspaper circulating in the district in which the land is situatpd thirty days at . least before the,publication of the Order. (:l.) :For the purposes of this section, the Minister may, in his discretion, cause inquiry to be made as to the interests of any person who may be affected or who repl.'e- sents that he will be affected by any proposed' Order before a District Court.Judge, and to refer accordingly any appli- cation for such Order, and any claim in opposition thereto, for the report tbereupon of such Judge at thp, cost of the party or parties; and such .T udge shall thereupon have power to summon and examine the p:uties and all wit- nesses where evidence is deemed necessary, and to report to the Minister upon the matter. (4.) Every such Order shall be registered in the office of the Itegistrar of 'ritles. (5.) When an Order has been made and registered under this section, every such grant and instrument as aforesaid shall operate and be construed as if it had been originally issued or executed as amended QY such Order. (6.) It shall be sufficient in any action or proceeding for the party relying on such Order to prove its registration without showing compliance with any other provision of this section. (7.) Nothing in this section shall affect any grant of the same land. or any part thereof issued by the Crown subsequently to the fil'St. grant, or any title to the land claimed under such subsequent grant. 10. No title to land shalt be held bad by reason of Waiver of the breach or non-llerformance of any conditiol~ containedbreacd.h. of. . I.n tlle dee(1 0 f gran t 0 f· sucl 1 Iand ' In any case where tlle cgoranntl.tlOn In Governor in Council, by notification. declar'es that no 22 Vie. No.l, proceedings will be at any time taken on lwhalf of the s. 10. Crown for avoiding the grant by reason of such breach or non-perform:mce. . Any such 'notifi.cation may be in general terms apply- ing to all conditions, 01' may be limited to conditions of particular classes or a particular class of cases or a particular case only. 11. Before the issue of any deed of grant of any land, Fe.es to be the proper deed fee and assurance fee shall be paid, and no fs~ : e ~ ; ~ : : nt. such grant shall be issued until such fees are paid. --

9670 LAND. PART n;- ADMINISTRA- TION. Land Act: 1 GEO. V. No. 15, DIVISION 1_ ' De P s rG c o r ev i ni p se t ir i o o an n ls. ficien 1 t 2 ly . d (1 es .) cr'ifbheed l' bayndm; ceoamnsporifsead minn. apnoyr lepalasen,mstaaytibneg stuhfe- of land in necessary particulars, 'delineated upon the instrument of l1e8a9s7e. , ss. 12, lease. 15,71. In any pastoral lease it shaH be sufficient if the land comprised therein is defined according to the best descrip- tion of such land and of the boundaries thereof which is procurable, notwithstanding that such description has not been prepared after actual survey. No such lease shall be liable to be set aside by reason only of the impet'fection of any such description if the land is defined in the lease with reasonable certainty. Correct.in):: errors in lease~ . (t.) If in any lease it is found Lhat the boundaries of the land intended to' be demised are not described with sufficient certainty, or if for any other sufficient reason it is expedient so to do, the Governor in Council may cancel such lease, and may issue a fresh lease for the remainder of the term with necessary corrections. Districts, 13.(1.) The Governor in Conncil may, from time to ; ~ ~ ~ ~ : : : time, by Order in Council, alter the boundaries of any. r::x to town and district, county, or parish, Ol' any of their names. rban (2.) The Governor in Council may, from time time, 1897, 8S. 17 to by notification, set apart any Crown land as town land or 19. suburban land. ' DIVISIONII.- Oommi.~- sioners and DIVISION II.-Oommissioners and uther Officers. A oth p e p r o O in ffi t c m er e s. nt. 14 • ( 1: ) 'I'h e G over ' nor I . n C , 0~ 1l1~ 1 '1 may, f rom t I ' me t 0 of Com- tIme, appomtsuch Land CommIsSIoners, deputy Land amnidssiootnheerrs C Omrn . Is . slOners, 1 an d agen t s, 1 an d rangers, an d 0 ther officers. officers as may be. necessary. for carrying this Act into 51809,57,5 s ,5 s. 74, 9, effect; and may as~ i2 u ' n a district or districts to such Corn- 254. missioners and land agents. Officer not (2.)' Any Commissioner, land agent, or land ra;nger ~ ~ t: ~ 2s~ i~ ~ who directly or indirectly acquires any interest in I any certain land. land open for lease or selection in respect of which he1per- forms or is charged with the performance of any tiuty under this Act or any other Act shall forfeit his office'l and shall also forfeit the sum of one hundred pounds, which may be recovered, with costs as between solicitor· and client, by any person in any eourt of competent jurisdiction. Land rangers. (3.) Every land ranger may and shall <10, on behalf of the Crown, in respect. of any Crown land or any reserve, all necessary acts for preventing int.rusion, encroachment, or trespass, and may enter upon any holding arid view - .

L:\?\D. 9671 PART n.- 1910. Lflnd Art. AD!IINISTRA- TION. DIVISION n.- , the same and observe the manner of residence or occupa- Oommis- t I · On, an d may d 0 a 11 necessary ac t 'S l lor ' rec . ove ' rmg any ren t ostkioenreOrfsfiacnedrs. or other sum payable in respect thereof, or for taking and recovering possession of any land in case of forfeiture, or . for such other purpose as any bailiff lawfully appointed may by law do in respect of any land of his employer. (4.) Any person authorised by the Minister shall have Right of the unrestricted right at all times to go upon' any land entthr y ~y d comprI.sed'In any 1I. 0 c , ense or 1ease or reserve under th I ' S .. ' . , c \ l.C t apuerso o n r s l . S~ whenever issued, or to make any survey, inspection, or examination of the same. (5.) A Commissioner, or land agent, or other person ~ uctioneer' s authorised by the Minister may hold any auction under ~~~~~ee3.ot this Act without taking out an auctioneer's license. (6.) In all matters in relation to this Act or any Presumpt~on other Act for the time being administered in the Depart- of atllhol'lt.y. ment of Public Lands, and in allY proceeding thereunder, the authority of any officer of the said Department to do any act or to institute, carry on, or prosecute any pro- ceeding shall be presumed until the contrary is shown. (7.) Any report furnished for the purposes of this Evidence of Act by any officer of the said Department, and purporting reports. to be made while such officer was acting in the discharge of his duty, shall be received in evidence in all courts without proof of such officer's authority· to make such report, and shall be prima facie evidence of all the facts therein stated which are relevant to the matters then being h~ard and determined by the tribunal. (8.) All documents whatever purporting to be issued Official docu- or written b • y or l.mder the di • rection of the Minister ' or a m d en m ~ l s ttetod ~ m e ~ ny Under Secretary to the smdDepartment, or a Com- eyidence_ mission er, and purporting to be ~ igned by him, shall be received in evidence in all courts, and shall be deemed to be issued or written by or under his direction until the contrary is prov('d. The expression" documents" includes all orders, directions, and notices. (9.) In any proceeding the production of l1l1y map Maps, &c. or plan purporting to be issued or published by any Depart.Illent of the Government, or any officer thereof, shall be sufficient evidence of the !Latter's stated or delineated thereon until the contrary is proved. (10.) No matter or thing done by the Minister or any Protection of officer of the Del)artment of Public Lands shall, if the rfficers, &c., 1 matter or thing was done bona fide for the purpose of 1[ ~ : tlir; . rson8 executing this Act, subject any such person to any personal liability in respect thereof.

9672 LAND. PAlIT II.- ADMINISTRA' TION. Land Act 1 Gw. V. 1\'0. 15, DIVISIONII.- - - - - - - - - - - - - - - - - - - .Oommis. 15. An action, unless brought on behalf of the o: ~ ~ ; e~ fo: ; s. Crown, shall not he brought against any Commissioner, Notice of land agent, land ranger, or other officer acting under this a1c8t9i7on. 249 A C t , or person ac t' mg I . n J ll ' S :n 'd , f or any tl lI . ng d one or ,8. . intended or onlittcd to be done under this Act, until the expiration or one month after notic~ in writing has been seryedon such officer or pprson clearly stating the cause of action, and the name and place of abode of the intended plaintiff and of his ~ olieitor 0[' agent. On the trial of sueh action the plaintiff shaH :c.ot be permittell to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved, the court shall find for the defendant. Any person on whom any such notice is served may tender amends tothe plaintiff, his solicitor, or ngent, and, in case the same is not accepted, may plead such tender. The plaintiff in such action shall not recm'cr if tender of sufficient amends is made before the commencement of the action, or if a sufficient sum of money is paid into Court after the commencement of the action by or on behalf of the defendant, together with costs incurred up to the time of such tender or payment into Court. - If judgment is given for the defendant, or the plaintiff is non-suited or discontinues his action, the defendant shall recover from the plaintiff his costs as between solicitor and client. . Every such action shall be commenced within six' months next after the accruing of the cause of action, and not afterwards. Oommissioner's Oourt. Commis- 16. The Commissioner shall once at least in each ~ a io m ne o l n ' ttholyhold month , on a day to be notified in the Gazette . ' ' bold an open court. court, to he called the Commissioner's Court"at which- 1897,8.51. (a) All applications to lease land under pastoral lease, or to obtain an occupation license, or to select land as a selection, or to obtain eel'· tificates, shall be considered and accepted or granted or refused or otherwise dealt with; and (b) All inquiries shall be held, and all matters wbich by tllis Act or any other .A ct are declared to be within the cognizance of the Commis- sioner shall be dealt with, if such inquiries and matters are required to be held and dealt with in open court. •

f, A~D. 9673 PART II.- 1910. Lanil Act. ADMINISTBA· TION. ~ - - --- -- - -- - -- - -- - -- - - - - DIVISIONII.- 17 • (1.) 'rile Commissioner shall have power- st . o G n o e m rs m a i n s· d (et) To inquire into and determine any question other Of!icers. roa t i l sleerd paetrsaonny • , asnu d ch t 0 c ' o . muqrUt I . brey m . hi t m 0 saenlfy o 0 r b ~ a ' e n c y - i1Pn8ro9s c7 u e, c e hs d . c i5n o 2g u . s rt. tion made, either on 'public or private grounds; (b) To summon any person as a witness, and to require and compel him to bring and produce for the purposes' of' evidence all documents and writings in his possession or power, and to examine him upon oath, and to punish him for not attending in pursuance of the summons or for refusing to give evidence, or for neglecting or refusing to bring and produce any such. documents or writings, and for such purposes to exercise the same powers and authorities as are conferred. upon justices by "The JusticesAct of 1886" *; and to take evidence of his own motion if he thinks fit; (c) To take evidence on oath, affirmation, affidavit; or declaration; (d) To adjourn the proceedings. (2.) Any party to any matt l 3f in such court may be represented by his counsel,. solicitor, or agent. (3.) Every witness summoned to such court shall be entitled to a tender of his reasonable exp611ses Ly the party requiring his attendance. (4.) The Commissioner's decision on every matter . heard in such court shall be pronounced in open court. 18. Any person who wilfully imults a Commis- Interrupting S.IOner . SI' tt" mg m court , or WI 'If' u11y I'nterrupt s tl le proceed- opfroscuecedhmcogsurt. ings of or otherwise misbehaves himself' in such court, 1897, s. 54. may be excluded from the court by order of the Commis- sioner, and shall, whether he is so excluded or not, be liable to a fine to be imposed by the Commissioner not exceeding five pounds, and in default of immediate pay- ment shall be liable to be imprisoned by order of the Oommissioner for a period not exceeding seven days. No summons need be issued against the offender, nor need any evidence be taken, but he may be taken into custody then and there by a police constable by 'order of the Commis'3ioner, ando called upon to show cause why he should not be fined or otherwise dealt with under this section. .. 50 Vie, No. 17, supra, page 1030.

9674 L.-\ND. PART II.- ADMINISTRA· TION. Lalld Act. l GEO V. No. 15, DIVISIONII.- .Commis. 19. (1.) Every d8cision of a Commissioner pronounced otshwen,. e, O ·s ff a ic n m d . I • n open court sha1" 1 be fina I , un1ess wrI.tten no t' ICe 0 f appea1 What . to the Court from the decision is delivered at the office sduecbijseicotnstoare of the Commissioner within fourteen days after the pro- appeal. nouncing of his decision, or within such further time, not 1897, s. 53. exceeding two. monl hs, as the Court may allow; and in such case the Court shall consider and may confirm, with or without variation, or may reverse the decision: Decisions Provided that no decision of the Commissioner accept- : ; ~ f: ! ~ i~ ns ing an application to 8.elect land as a selection shall be to selec~ land subject to such appeal; no such. decision, however, shall : ~ ~ : ~ ~ ~ f~ / o he final unless or until the application is approved or the Oourt. . refused by the Court, and the Court shall forthwith consider and may confirm, with or without variation,or may reverse the decision. 'rhe Court shall not give a decision reversing the Commiss.ioner's acceptance of any such application without giving the -applicant notice and hearing him in open court if he desire!; to he heard; and every such decision shall be pronounced in open court. Appeal from (2.) When by this Act the Co.mmissioner is authorised : : ~ ~i~ ~~ ~ by to give a certificate on the application of any licensee or ~ ommis. lessee that any condition imposed by his license or lease ~ ~;7\s. 116 has heen duly performed, the application shall be made in 138, 162E, 'open court, and the Commissioner shall pronounce his 162F. decision on the application in open court; and if he refuses to give such certificate, the applicant may within the prescribed time appeal to the Court from such refusal, and if the appeal is allowed the Commissioner shall give DIVISION the certificate. Ill.- The Land Court. DIVISION lIl.-The Land Court. Land Court. 20. (1.) For the purposes of this Act there shall be 2 ] 4 8 . 97. ss. 20, constituted a Court, to be called the Land Court, consist- ing of three persons, appointed from time to time by the Governor in Oouncil by commission under his hand and the Great Seal of' the State. Existing Court. ( ~ . ) rrI18 Land Court constituted under " The Land Act, ] 897,"* shall be and remain the Land Court for all the purposes of this Act. Such Court shall also perform all the functions of the Land Board in matters arising under any former Act requiring to be dealt with hy the Land Board, and, where necess::.ry, references in any former Act to the Land Board shall be construed as referring to the Land Court under this Act. * 61 Vie. No. 25, ;up"u, page 6228. ..

LAND. 9675 1910. Lond Act. PART II.- ADMINISTRA- TION. DIVISION The members of the Land Court holding office at 111.- the commencement of this Act shall be members of the Th O e ou L r a t. nd Land Court without fresh commission. (3.) The members of the Court shall not be capable Disabilities of of being members of the Executive Council or of either members. House of Parliament,and shall not act as directors or auditors or in any other capacity take part in the manage- ment of any bank, joint stock company, trade, or business, or acquire any interest in any land held under lease or license under this Act. . 21. Each of the members of the Court shall, during Salary. his continuance in office, receive a clear annual salary of 1897, s. 23. one thousand pounds, which shall be a charge upon and be paid out of the Consolidated Revenue. 22. (1.) Any present member of the Court may Present retire from office at any time after the commencement of TmJer!t0f this Act, and shall upon such retirement be entitled to a ~ l: y r~~ ire pension, by way of annuity during hi~ life, at the rate of on pension. five hundred pounds per annum. " The Pr>nsions Act of 1891 ,,* shall apply to a pension payable under this subsection. Moreover, if any present member of the Court, upon such retinlment, becomes entitled to any superannuation allowance under the "Civil Service Act of 1863,"t the pension granted under this subsection shall, to the extent of the amount of such supera~ nuation allowance, abate and be suspended; and,if such superannuation allowance is equal to or greater than such p~ nsion, such pension shall wholly abate and be suspended. (2.) Every member of the Court who may hereafter l'enure of be appointed shall be appointed for a term of fifteen years, offiee of new but may be reappointed for a further term nqt exceeding members. fifteen years: Pr~vided that every such member shall retire from office. upon attaining the age of seventy years, notwith- standing that he has not then remained in office for a term of fifteen years. 23. The members of the Court shall hold office during Removal from good behaviour, and shall not be removed therefrom unless offiee 1 . an address pray.mg for suchr·emovaI sha 11 be presented t 01 s 8 us 9 p 7 en ,8 S . IO 25 n. . the Governor by the Legislative Council and Legislative Assembly respectively in the same session of Parliament ~ it 55 Vie. No. 28, supra, page 4339. t 27 Vie. No. 18, Bupra, page 122. . ...

9676 LAND. PART II.- ADMINISTRA· TION. Lnnd Act. 1 (ho. V. No. 15, DIVISION III. ~ The Land Provided that at any time when Parliament is not Oourt. sitting the Governor in Council may suspend any member of the Court from his office for inability or misbehaviour, in which case a statement of the cause of suspensicn shall be laid before both Houses of Parliament within seven days after the commencement of the next session thereof. If an address shall during that session be presented to the Governor by the Legislative Council or Legislative Assembly praying for the restoration of the suspended member to his office, he shall he restored accordingly; but if no such address shall be presented the Governor in Council may confirm such suspension, and declare the office of the member to be vacant, and the same shall be vacant accordingly. Appointment 24. In the case of the illness, suspension, inability, o 18 f 9 d 7 e , p s u . t 2 y 6 . . or absence of any member of the Court, the Governor in Council may appoi:rrt some other person to act as the deputy of such member during such illness, !'uspension, inability, or absence, and every such person shall, while he acts as such deputy, have all the powers and perform all the duties of and be subject to the same disabilities as such member of the Court. Seal; public 25. The Court shall be a court of record, and shall s 1 i 8 t 9 ti 7 n , g s s . . 27. have a seal which shall be judicially noticed in all courts.. rrhe Court shall from time to time hold public sittings in Brisbane or elsewhere, to be called Land Courts, at which all business required to he transacted by it in open court shall be transacted. Registrar and 26. 'rile Governor in Council shall appoint a registrar d 18 ep 9 n 7 t , i s e . s. 28. 0 f the Cour t an d depu t y regI . S t rars. Such officers shall keep registers in which shall be entered minutes of the proceedings and records of the decisions of the Court, and shall perform such other duties as the Court may direct. J~trisdi( Jtion and Proceedings of Land Oourt. General jurisdiction. 27. (1.) The Court shall hear and determine all matters which by this Act or any other Act are required to be heard and determined by the Court. Matters may (2.) The Court shall inquire into all such matters b 1 e 89 r 7 e , fes.rr3e2d.. connected ·with the administration of this Act as are referred to it by the Minister or Governor in Council. When 28. Except where it is otherwise in this Act expressly d 1S ec 9 i 7 s , io s. n S f :: i . nal p .· rovl· de· u 1 , a11 decu. n.ons 0 f the Court sha11 be fina I and conclusive.

LAND. 9677 1910. Land Act. PART II.- ADMINISTRA- TION. DIVISION 29. Whenever it is necessary to determine the amount TI:~ - ;; nd of any rent, or compensation, or value of improvements, Court. A or other money pavable or to become pavable under this Assessment A • C t or any 0 th er c t con f errm . g J . urI . S d 1 ' 0 to I : On on tl le Cou. r t ocofmrepnetn, sation, III res~ct of such matters, such amount shall be deter· &c' 7 mined by the Court, and the following rules shall be 189 , s. 35. observed :- _ (i.) If the Crown is a party, the Minister shall furnish to the Court a report and a valuation with respect to the land or improvements or other matter for ·which the rent or money is to be paid, made by the Commissioner or some other person; (ii.) The Court shall require the lessee and every other person respectively, by and to whom, respectively, the rent or money is or will be payable, to furnish to it ti like valuation or a (llaim, and such valuation or claim shall be furuished accordingly; (Hi.) Any party to any proceeding to which this section relates, after he has furnished his valua· tion or claim, shall have the right to inspect and take a copy of any valuation or claim furnished to the Court for the purposes of the proceeding. 30. Any dispute which arises as to the boundaries of Dispute .as to any holding. whether between the lessees or licensees of ~~ ~ 7d: .l' l; ~ : contiguous holdings or between a lessee or licensee and ' the Crown, shall be inquired into and determined by the Court. In any such case· the Minister may direct that. a survey of the boundaries of the respective holdings with regard to which the dispute arises shall be made by an authorised surveyor appointed by the Minister. 31. The powers and duties conferred and imposed Jurisdiction upon the -Court, shall be exercised and performed by one of on~ member only thereof in respect of the following matters, ~ ~7, : ~ · 34. namely:- (a) Applications for selections; . (b) Appeals from decisions of Commissioners pro· nounced in open court; (c) Assessment of rent, compensation, value of improvements, or other money where the amount is under this or any other Act to be determined by the Court; D

9678 LAND. PART Il.- ADMINISTRA· T~ ON. Land Act. 1 GEO. V. No. 15, DIVISION IlI.- The Land COMt. (d) Proceedings with respect to forfeiture; and (e) Disputes as to boundaries of holdings; BJlt, subject to this Act, the Crown or any party aggrieved may appeal from the decision of such member in the manner hereinafter provided. ~ . In all other cases the Court may be constituted of one member or of two or more members sitting together. Powers of Oourt. 1897, s. 30. 32. (1.) For the purposes of any inquiry or appeal held by or made to the Court, or any other matter within its jurisdiction as a tribunal under this or any other Act, the Court shall have power to summon any person as a witness and to require and compel him to bring -and produce for the purposes of evidence all documents and writings in his possession or power, and to examine him, and to punish him for not attending in pursuance of the summons, or for refu~ ing to give evidence, or for neglecting or refusing to bring and produce any such documents or writings, and for such purposes shall have the powers of a Judge of the Supreme Court. The Court may take evidence of its own motion if it thinks fit. (2.) The Court may take evidence on oath, affirma- tion, affidavit, or declaration, and shall take notes of the evidence. (3.) Every witness summoned shall be eniitled to a tender of his reasonable expenses by the party requiring his attendance. (4.) Any party may be represented by his counsel, solicitor, or agent. (5.) Subject to the Rules of Court relating to the exercise in chambers of the jurisdiction of the Court, every such proceeding shall be hea,rd and determined and the decision thereon shall be pronounced in open court. (6.) The Court may make such order as it thinks fit as to the costs of any proceeding heard anci determined by it, including allowances to witnesses attending'Zor the purpose of giving evidence at the hearing and the cost of any survey of boundaries. Any such order may be made an order of the "Supreme Court and enforced accordingly. (7.) Any party affected hy the decision shall be entitled to see and take copies of the notes of the evidence and any reports or other documents put in evidence. (8.) The Court may sit in chambers, and may exercise in chambers such jurisdiction as by the !lules of Court is so exerciseable.

LAND. 9679 1;)10. Land Act. PART II.- ADMINISTllA· TION. DIVISION 33. .Any person who wilfully insults the Court while TP~- d sitting, or wilfully interrupts the proceedings of the Court, ~ our~ ~ or otherwise misbehaves himself in the presence of the Penalty for Court, may be excluded by order of the Court, and shall, ~~ ~e~ ~~~ ~~~ whether he is so excluded or not, be liable to a fine, to ings. be imposed by the Court, not exceeding ten pounds, and 1897, s. 31. in default of immediate payment shall be liable to be imprisoned by order of the Court for a period not exceeding fourteen days. No summons need be issued against the offender, nor need any evidence be taken, but he may be taken into custody then and there by a police constable by order of the Court, and called upon to show cause why he should not be fined or otherwise dealt with under this section. 34. Upon the application, made within one month Court may from the date of a l ny deci - sion of the Court ' 1 wh 8 ich 9 is 7 reh , esr s m . 3 a 7 tt . er. subject to an appeal, by any person aggrieved by such decision, the Court may, if it thinks fit, and upon such terms as it thinks reasonable, grant a rehearing of the matter. 'fhe Court shaU appoint a day for rehearing the matter, and shall rehear it accordingly. An appeal shan lie from the decision on such rehearing in the same manner as if it had been a decision on a first hearjng of such matter. • DIVISION IV.-The Land Appeal Court. DIVISION IV.- The Land .LlppealCourt. 35. (1.) For the purpose of hearing appeals from the Constitution Land Court, there shall be a Land Appeal Court, consisting f~ : ~ ~ court. of a District Court Judge and two members of the Land 1897, ss. 39 Court other than the member who pronounced the decision and 40. appealed against.. (2.) The Land Appeal Court constituted under" The Land Act, 1897,"* shall be and remain the Land Appeal Court for all the purposes of this Act. .(3.) The Land Appeal Court shall be a court of record, and shall have a seal which shall be judicially noticed in an courts. (4.) The registrar of the Land Court shall act as registrar of the Land Appeal Court. (5.) The Land Appeal Court shall sit at such times and places as are appointed from time to time by a District Court Judge and two members of the Land Court by * 61 Vie. No. 25, supra, page 6228.

9680 LAND. PART II.- ADMINISTRA- TION. Land Act. 1 (lEo. V. :Ko, 15, DIVISION Tl':i--;nd notice published ~ n the G~ zette not less than twenty-one Appeal COUI't. days before the tImes appomted. (6.) The appellant shall serve notice of the appeal upon all persons directly affected by the decision not later than one month after the pronouncing of the decision, or not later than fourteen days after the refusal of the Court to rehear the matter, as the case may be. (7.) Any party to such appeal may be represented by his counsel, solicitor, ur agent. (8.) The appeal shall be in the natme of a rehearing, and shall be brou~ ht and the proceedings shall be had in such manner as may be prescribed by Rules of Court. (9.) Evidence on an appeal to the Land Appeal Court may be taken in the same manner as is bereinbefcre pre- scribed with respect to matters heard and determined by the Land Court, and for the pmposes of the appeal the Land Appeal Court shall have the same powers as the Land Court has under this Act. (10.) If on the hearing of an appeal the members do not agree, the decision of the majority shall be the decision of the Land Appeal Court. (11.) J~ xceJlt as hereinafter mentioned, the decision of the Land Appeal Comt shall be final and conclusive. DIVISION .L , J. V ppea · l- s " J , rom DIVISION V.-Apptalsfrom the Land Appeal Court . the Land 36. (1.) Any person aggriev~ l by a decision of the Appeal Court. Land Appeal Court, who desires to appeal then'from on the ~ ~he~o~ t on ground that the decision is erroneous in point 'of law, or questions of is in excess of jurisdiction, may, within six weeks after' l~ ~ 7, 8. 43. the pronouncing of the decision, apply in writing to such Court to state and sign a case setting forth the facts and the grounds of decision for appeal thereon to the Full Court. . (2.) fl'he appellant sha11, before a case is stated, enter into a recognizance before a member of the Land Court, or a justice of the peace~ with or without a surety or sureties, conditioned to prosecute the appeal without delay and pay such costs as the :Pull Court shall award. (3.) The appellant shall, within ten days after receiving the case, transmit the sanie to the Registrar of the Supreme Court, first giving notice in wl'iting of the appeal with a copy of the case to tu.e other or respondent parties, if any. , (4.) A case may be stated by the Land Appeal Court at the instance of the Crown or of its own motion. • •

LA.KD. 9681 PART II.- 191U. Land Ad. AmUNISTRA. TION. DIVISION . 37.. (I ) In any case in. wh~ ch t~ le L~ nd Appeal Court Appe~ r; from IS of OpmlOtl that the applwatlOn IS frIvolous, hut l).ot the Land otherwise', it mav refuse to state a case, and thereupon AppealOourt. S I la 11 ,at tl le requ•est 0 f t1 le appll'Cant, S.Ign anddell'ver t 0 AWphpeenalLaCno,ul rt him a certific:l.te of such refusal. may refuse to s tate a case. l897, ss. 44, 45. (2.) When the Land Appeal Court refuses to state a Full Court Cage, the applicant may apply to the Supreme Court or a ~ ~ ~ z~ ~ er Judge thereof, upon an affidavit of the facts, for an order be stated. calling upon the Land Appeal Court, and also upon any party interested in supporting the decision, to show cause why a case should not be stated. The order may be made returnable on any day on' which- the Full Court is appointed to sit; and whether cause is then shown or not, the :Pull Court may make thp, order ahsolute, or discharge it with or without costs. The Land Appeal Court, upon being served with an order absolute, shall state a casp, accordingly. 38. '1'he Full Court, when a case is transmitted under Full C~ urtto this Act, shall hear and determine every question of law ~ ll~ ; e~ ~ ~ ~ ~ ons arisinO' thereon and mav remit the matter to the Land on the case. Appe~l Court ~ ith the opinion of the Full Court thereon, 1897, s. 46. or make such other order in relation to the matter as seems proper, and may make such 01'(11'11' as to costs as to the Full Couet may seem fit. 39. '1'110 Full Court may cause a case to be sent back Case may be to the Land Appeal Court for amendment, and thereupon ~: !n~ ~~! ~r the same shall be amended accordingly. and judgment 18\)7, B. 47. shall be delivered by the Full Court after it is amended. PART III.- PART IIL-PASTORA.L rrENURES. PASTORAL 'fENURES. DIVISION I.-Pastoral Leases. DIVISION I.- Pastoral 40. (1.) 'rhe Minister, with the approval of the Leases. Governor in Council, may, hy notification, declare tiny Opening land Crown land open for pastoral lease, and withdraw any r~ : s~ a: ! ~ al land from being open for pastoral lease. Such land may, withdrawing .in any case, be declared so open subject to the condition ~ ~ ~ ; ~s. Hi that the land shall he enclosed and kept enclosed with a (1,2,3), I5A. rabbit-proof fence, or subject to a condition for the destruction of noxious plants, or both of such conditions; and in such case the notification shall declare the neces- sal'y particulars to he inserted in the conditions of lease for effecting such purpose. ,;

9682 L<\ND. PART Ill...,.. PASTORAL TENURES. Land Act. 1 G~ :o. V. No. 15, DIVISION 1.- P L a e s a t s o e r s a , l leased( 2, .) thTe hteermnotoifficthaetiolnea. sseha( lwl hsipchecsihfyallthneotarienaasnytocabsee exceed thirty years), and the rent per square mile during the term, or if the term exceeds ten years during the first period, and appoint a placp- and a time, not being less than twenty-eight days from the date of the notification, at which the land will be so open. The notification may also declare the value or state a provisional valuation of any improvements on the land. A 1 (4 9 p 0 , p 5 2 li , , c 7 s a _ ) ti . 1 o 5 D8, lease 4 s 1 h . al ( l 1. h ) imAsneylf, peorrsobny whihso adgeesnirtesautothoorbisteadin ian pwarsittoirnagl under his hand, lodge with the land agent at the place appointed an application in the prescribed form. The application shall be for an area of land as specified in the notification, shall be signed by the applicant or by his said agent, and shall be accompanied by the amount of a full year's rent, which shall he returned to the applic:mt if the application is not accepted. Priority to occupier. (2.) The Minister may at any time prior to the time appointed for considering the applications, by notice to the Commissioner, direct that the application for any specified area of land of any person who is in occupation of such land or any part ot' it shall have priority, and such applica- tion shall have priority accordingly. Pgerinoerriatlyly. cation (3 s .) shSaullbhjeacvte tporiothrietylaasctcoprrdeicnegdtiongthsuebsoercdteior no, fatphpelii-r being lodged with the land agent. Simultaneous If there are simultaneous applications, the Commis- applioations. sioner shall, at the time appointed for considering them, cause the land to be offered at auction to the several appli- cants and to no other persons; and the applicant who makes the highest bid for such land and pays the amount of the rent so bid by him to the land agent shall be declared the successful applicant, and the annual rent payable by him during the term or the first period, as the case may be, shall be the amount so bid instead of the notified rent. Commence- ( 4.) The lease shall be issued to the successful ment of lease- app l l ' Can t an d s 1 la 11 commence on tlle quar t er d ay nex t ensuing after the date of acceptance of his application. Periods. 1 (1 9 ) 0 . 2, s. 10 42. When the term of the lease of any pastoral holding exceeds ten year~ , the term shall be divided into periods. The last period shall be of such duration as will. permit the other period, or ('ach of the other periods, a~ the case may be, to be of the duration ot' ten years. h

LAND. 9683 . _ - - - - - - - - - - - - - - - - - - - PART III.- 1910. Land Act. PASTORAL TENURES. DIVISION 1.- 43. In addition to the other conditions prescribed in 7; : !~ ; :. l this Act, every pastoral lease shall be subject to the ~ ondition8 following conditions , name • ly:- I 1 I 8 I 9le7a, sse.s6. 4. (i.) The lessee shall, during the term, pay an annual Rent. rent at the rate for the time being prescribed; rrhe rent shall be computed according to the number of square miles of land comprised in the l~ase ; (ii.) The rent payable for the second and each Re-assess- succeeding period, if any, shall be determined men!. by the Oourt: Provided that, with respect to all pastoral holdings mentioned in the Second Schedule, except when otherwise expressly stated in the said Schedule, the annual rent for each period after the fi:'st shall not exceed the annual rent payable for the next preceding period by more than ollf~ - half of the annual rent payable for such preceding period. But nothing in this section shall be deemed to limit the maximum of rent which may be determined in the event of public works being executed or extensive mineral developments occurring, as hereinafter provided. 44. With respect to each of the pastoral holdings Existing mentioned in the first column of the Second Schedule to h~ ~ ~ ~ ~ ~ ~ . this Act, the provisions and conditions set opposite to each Schednle IT. of them respectively in each of the other columns of the said t5chedule shall be applicable, namely:- (i.) The area in square miles shall be deemed to be the area respectively mentioned in the second column of the said Schedule, subject, however, to any recomputation of such area, as may from time to time be necessary; (ii.) The annual rent shall he the sum per square mile respectively stated in the first part of the third column ofthe said Schedule during the period expiring on the date respectively men- tioned in the second pnrt of the said third column, and thereafter the provisions herein- hefore contained with resped to periods shall he applicable to the residue of the term; (iii.) The lease shall expire on the date respectively mentioned in the fourth column of the said Schedule;

9684 LAND. PART III.- - - - - - - - - - - - - - - - - - - - PASTORAL 'fENURRS. Land Act. 1 GEO. V. No. 15, DIVISION I.- Pastoral Leases. (iv.) The holdings shall be suhject to the special conditions respectively stated in the fifth column of the said Schedule: Provided that. in all cases in which the special condition is imposed requiring a holding to be maintained ell@lose 1 with a rabbit-proof fence, it shall not be necessary to erect and maintain such fence on any boundaries of the holding not so fenced jf ~ h~ holding, with any other land formerly in the occupation of the lessee, is effectively maintained enclosed with rabbit-proof fence;; and, for the purpose of maintaining any such fence which is not on the holding, the lessee shall have the right, by hi:llself, his servants, or agents, at all reasonable times, to enter upon any land upon which any such fence is erected and do all things necessary in that behalf; (v.) The powers of resumption without compensa- tion for resumption may be exercised with respect to each of the holdings to the extent and within the times respectively mentioned in the sixth column of the said Schedule: Save as varied or negatived hy the express provisions set forth in the said Schedule, all the provisions of this Act shall extend and apply to each of the pastoral hold- ings mentioned in the said Schedule, and the lease of each of such holdings shall be deemed to have been granted under this Part. DIVIBIONII.- OLciccuIJpnasteiso.n D IVISION 11 . - 0 ccupa t z ' on L w ' enses, <?ccupation 45. The Minister may, in his discretion, by notifica- lbiecegnrsaenstemda. y t I ' On, dec1are any erownlaltH t 0 be open f or occupa t I ' On 1897. ss. 163, under occupation license, and in such case the following 164 (1,2,5). provisions shall be applicable :-_ . (i.) Such notification shall specify the area to be occupied and the rent per square mile, and appoint a place and a time; not being less than twenty-eight days from the date of the notifica- tion, at which the land will be so open; and at and after the time so notified the land shall be open for occupation accordingly; (ii.) Applications for licenses shall be lodged with the land agent;

LAND. 9685 1910. Land Ad. PAllT lII.- PASTORAL TENURES. DIVISI01ilII.- (iii.) The first applicant shall be entitled. to the Oocupation license: Licenses. If there are simultaneous applications, thc Commissioner shall, at the time appoint.-d for considf'ring them, cause the land to be offered at auction to the several applicants and to no other persons; anfl the applicant who makes the highest bid for such land and pays the :Jl110unt of 1,110 rent so bid by him to the land agent shall be declared the successful appli- cant, and the annual rent payable by him in respect of such land shall be the amount so bid instead of the notified rent. 46. The :Minister may, in his discretion, without Licenses may notification, grant to any pet'son an occup1tion license in b~ ttraited respect of any Crown la'nd at such rent per square mile ; : evio~ B as may be fixed by the Minister. n~ tification. Hi97, ss. 65, lf34 (3). And when the whole or any part of a pastoral holding Right to or Grazing Selection is resumed, or upon the expiration 0j.ccnpat.ion of the 1 ease 0 f a pas1,ora 1 hoIdw' g or GraZl.llg' Se Iect ' lOn, ~ ! e C r e t n a s i e u I c n asei. if the lessee or lessee of the remainder, as the case may be, at any time before the term expires or the resumption takes effect, as the case may be, makes application to the Minister for all occupation license in respect of the land affected or any specified area thereof, he shall be entitled to such a license. If such application is not made within the prescribed time, such lessee shaH have no prior or greater right to or than any other person to an occupation license in respect of the land affected or any part thereof. 47. (1.) Every occupation license shall, unless Prov:isions renewed, expire on the thirt.v . -first day of December of o a c p c p u h p c a a t ~ IO le u to the veal' in which it is grant.ed. , licenses _ ~ - 1807, B. 164. (2.) The rent shall be the amount notified or bid by the licensee or fixed by the Minister, as the case may be : For the first year the rent slnll be computed and paid in respect only of the period between the first day of the month next ensuing after the date of the application and the thirty-first day of December next ensuing'; but if that date is on or after the thirtieth day of September the whole of the next year's rent shall also be paid at. the time of application:

9686 LAND. PART IlI.- PASTORAL TENURES. Lfl'J/d Act. 1 G.I!O. V. No. 15, DIVISION II.- OLciccuepnasteiso.n so on (3 fr .) omThyeelaircetnoseymeaary, bueporennepwayemd efonrt aonfotthheerpyreesacrr, iabnedd rent on or before the thirtieth day of September. (4-.) The Minister may, at any time before the first day of 8eptember in any year, give notice to the licensee that the next year's rent will be increase(l by a stated amount, and the rent shall be increased accordingly. (5.) 'l'he license shall be determinable at any time with respect to the whole or any specified part of the land by three mcnihs' notice given by the .Minister to the licensee. Nothing in this subsection shall affect any other powers of determination conferred by this section. (0.) 'file land comprised in any licentie may at any tjme bu declared open for selection, or be reserved, or leased, or sold under this Act. (7.) If <In y part of the land is selected, reserved, leased, or sold, the license shall as to such part be thereby deter- mined, and a recluction shall be made in the rent pro- portionate to the area selected, reserved, leased, or sold, and all~ · payment made in advance in respect of such area shall be refunded to the licensee. For the purposes of this !iubsection land is selected on and from the date of the license to occupy the same. PART IV.- PART IV.-SELECTIONS. SELECTIONS. DIVISION J.- General Provisions. DIVISION I.-·General :";ronisions. Notf/ioation Of Land for Seleotion. Opening land 48. The Minister, with the approval of the Governor ~ ' : : ~ selection, in Council, may, by notification, declare country land open withdrawing for selection either as surveyed land or as designed land, the same. and may also withdraw any such land from being so open. 1897, s. 75. Any such 1and may be deC' lared open l .. o . r group selection as hereinafter provided. Surveved land.• 1897, ss. 77, 78,87. Designed land. 49. (1.) Before land is declared open for selection as surveyed land, it shall be surveyed and divided into portions of convenient area, with proper roads and reserves for public purposes wherever necessary. 'l'he portions shaH be marked on the ground in the manner prescribed. (2.) Before land is declared open for selection as designed land, the land shall be divided into portions, and the position of such portions shall be indicated on maps or plans.

LAND. 9687 PARrIV.- 19lO. Land Act. SELECTIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DIVISION I.- General After the notification, the delineation of the portions Provisions. on the maps or plans shall be deemed to he a survey of the land, and the portions shall be deemed to be surveyed portions:- . Provided that-- (a) The application for a portion of designed land shall not he approved by the Court until the land has been actually surveyed; and (b) The land which the applicant shall be entitled to occupy on receiving his license to occupy shall he thf~ land comprised in the application according to the boundaries as defined by the actual survey. Classes of Selectious. 50. Land may he opened, applied for, and selected Classes and' in the classes of selention following, namely :- : ~ le~ ~ ~ o~ s. (a) Agricultural Selections, which may be- Agricultural :Farms; or Perpetual Lease Selections; or Agricultural Homesteads; or Free Homesteads: (b) Grazing SelecLiom:, which may be- Grazing Homesteads; or Grazing Farms: (c) Prickly-pear Selections: (d) Unconditional Selections. _ jl1aximum Areas fOl' District and State. 51. The Governor in Council may, from time to Maximum time, by. Order in Counc~l, declare the ma~ imum ar~ as. of : ~ ~ : ; ~:~ ~ld land WhICh may he held In the aggreg-ate m any dIstrIct in a districJ. named in the Order by any onc person in any class ot ~ ~ ~ 7. ss. 8 • selection or mode under a class mentioned in the Order. " g. ~ ( , K. ~ - l. , S rrhereafter, ~ubject to tbis Act, no per~on shall at. the . • • same time apply for or hold in such district two or more selections of the same cJa'>s 01' mode of selection the aggr~ gate area of which is greater than the maximum area of land. permitted to be selected a'l a selection of that class or mode of selection in that district. But any alteration of' the boundaries of 11 district pr any declaration of a maximum area 'within a district shall not prejudice any rights accrued with respect to a then existing selection.

9688 LAKD. PART IV.- SELECTIONS. [and Act. o. 1 n K<l. V. J\" 15, DIVISION 1.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ General Pro vlsion.•. 52. Subject to this Act, no p~ rson shall apply for or GMraaxziimngum of hold a Grazing Selection 01' Selections exceeding a total Selection. area of twenty thousand acreg, the rent of which, as offered in the public notice or nctices declaring the land or several portions open for selection, exceeds in the aggre- gate two hundred pounds per aDnum. Maximum I. rea which may be hpld in the State. 1897, 88. 90, OA. 53. Subject to this Act, no person shall at the same time apply for or hold in the State- (a) '1\1'0 or more Agricultural Selections the aggre- gate area of which exceeds two thousand five hundred and sixty acres; . (b) '1'''"0 or more Grazing Selections the aggregate area of ,,,hich exceeds sixty thousand acres; (0) Two·or more Prickly-pear Selections the aggre- gate area of which exceeds two thousand five hundred and sixty acres; (d) Two or more Unconditional f1elections the aggregate area of which exceeds one thousand two hundred and eighty acres: Provided that any person having an interest in a pastoral holding shall, to the extent of tbat interest as ascertained in acreage, be disqualified from applying for or holding a Gra'tiing Selection; but this proviso shall not affect the right or title of any person who at the com- mencement of this Act is the duly qualified selector of a Grazing Selecti'Jn and also has an interest in a pastoral holding. Requisites of the Not(ficalion. l sW 1 h o a t h i la f l i t s ~ a p t e i c o i n fy. select 5 io 4 n . s ( h 1 a .) llE-. very notification declaring land open for 1897, s. 79. 1901, s. 2. (i.) Appoint a place and a timf', not being' less than . 1wcnty-pi~ht days f!'Om the date of the notifi- cation, nt which the land will be open for selection; and at and after the time so notified the land shall be open for selection aceordingly; Maximum areas. (ii.) Specify for what modn OJ' modes of selec- tion the land is open, and declare the maximum area of land which may be selected in each mode by anyone person in the whole area to which the notification has referenc(J ; Rent, &c. (iii.) Specify the numbers of the portions,and their respective areas, and the annual rent, if any, per acre to bQ paid for each portion; tt

LAND. 9689 PART IV.- 1910. Land Act. SELECTIONS. DIVISION 1.- - - - - - - - - - - - - - - - - - - - - - - - - - - - General (iv.) In the case of Agricultural :Farms or Uncondi_hovisions. t . l . Ona 1 " C' e 1 ect"IOnS-SpeCl' fy. tl le p.r.ICe (h ere . m pPruicrceh. asing referred to as" the purchasing price") at which the lessee rnay purchase the land in fee-simple; (v.) tI h netphuercea 1 lsaes · mofgPprriIc . ckel, yo-pret I a l r e Smeal ' XecJlt1i1ounms-aspmeocuifny t PserleiccktIlO,YIl. Spe. ar of money per acre which will be paid to selectors by way of bonus, as the case may require, and also the respective periods of the term (herein respectively referred to as the "first period" and the" second period"), for the destruction of prickly-pear and the payment of the purchasing . P rice , if anv , . (vi.) t Ienrmth 0 e f ct 1 a l s e e. 1 eoafseG, r W az 1 i ll n . C g 1 1 Smealeyc b tieonasn- ystnautemt b heer sG e rla e Z c lt I ' O ~ g ns. of years not exceeding twenty-eight years. (2.) The notification may also- (i.) Declare the value or state a provisionalvaluation : : ; ~ t~ ve. of any improvements upon a portion; ( n. . . ) I II . tll e case 0 f A llgrI ' CuItura1 F arms- . lmpostehe r P e " ~ r i s d o e n ~ a c l e on condition of personal residence during the first Agricultural five years of the term; Farms. (iii.) In the case of Agricultural Selections-,impose Oulti~ ation of the condition that a selection shall be selectlOJ'l. cultivated to such extent and within such time as may be declared; (iv.) In the case of Grazing Selections-impose the Rab?it-prooI condition that the selection shall be enclosed ~ ~ : ~ ~ ! , / and kept enclosed with a rabbit-proof fence, plants. or impose the condition for the destruction of specified noxious plants within a time to be specified, or both of such conditions. 55 • (1.) Land may ~ be declared open for selection as- Nofotliafnicdatfioorn (a) Agricultural Farms; o.r G S r el o e u ct ~ lOn. (b) Perpetual Lease SelectIOns; or 1897, ss.I62p, (a) Agricultural Homesteads; or 162T. (d) Prickly-pear Selections; or (e) Grazing Homesteads; or (f) Grazing l!"arms to be held in conjunction with Agricultural Farms- by members of the body of settlers in the notification referred to. Such selections are herein referred to as Group Selections.

9690 LAND. PART IV.- SELEOTIONS. Land Act. 1 GEO. V. No. 15, DIVISION I.- General Provisions. (2.) The notification may declare that lots which are not contiguous may be applied for and held as one selection. (3.) Such land shall be open to be selected only by persons who shall furnish to the Commissioner pJ'oof that they are members of the body of settlers for whom such land has been set apart. Maximum areas. 1897, EB. 80, 90A,162Q. 1901,- s. 2. 56. rfhe maximum area declared by any notification shall not exceed the area herein mentioned for the l'espective class or mode of selecti')n herein mentioned, namely :- (a) Agricultural Farms, two thousand five hundred and sixty acres; (b) l>erpetual Lease Selections, two thousand five hundred and sixty acres; (c) Agricultural Homesteads, three hundred and twenty acres; (d) - Free Homesteads, one hundred and sixty acres; (e) Grazing Selections, sixty thousand acres; (j) Prickly-pear Selections, two thousand five hundred and sixty acres; (g) Unconditional Selections, one thousand two hundred and eighty acres; (h) Group Selections-Agricultural }-'arm, two thousand five hundred and sixty acres; Perpetual Lease Selection, two thousand five hundred and sixty acres; Agricultural Home- stead, thre8 hundred and twenty acres; Prickly-pear Selection, two thousand five hundred and sixty acres; Grazing Homestead, five thousand one hundred and twenty acres; Grazing Farm held in conjunction with Agri- cultural Farm, two thousand five hundred and sixty acres. Minimum purchasing price. 1897, ss. 82, 15!l. 57. The purchasing price of an Agricultural Farm shall not be less than ten shillings per acre, and of an Unconditional Selection shall not be less than thirteen shillings and four pence per acre: Provided that, when land is declared open for selection as an Agricultural Farm and alternatively as an Uncon- . _ditional Selection, the purchasing price of the land as an Unconditional Selection shall be greater by one-third than. the purchasing price of the land as an Agricultural Farm.

L\ND. 9691 PART IV.- 1910. . Land Act. SELEOTIONS• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DIVISION 1.- General 58. For a period of fifty-six days after the date on Provisions. which land has been declared open for grazing selection, Land 0I!en such land shall be available only for selection as a Grazing ! ~ [ e~ : ~ ~ ~ Homestead. If at the expiration of that period· such land be a.vailable has not been applied for, it shall for a further period Ofh~ ! ~ : J: s thirty-four days be deemed to be withdrawn from selection. only. And from and after the expiration of such further period 1897, s. 96A. ~ such land shall be available only for selection as a Grazing Farm. ])isqualifications, Ij'c. 59. (1.) Subject to this Act, no person who is- Disqualifiea- (a) Under the age of sixteen years; or ~i~ ;7: s. 85. L;It. (b) Apnresaclriiebned wmhaonnhears ancoetrtiffiircsat teobtthaaint ehde iisn atbhlee· ') ~ ~ )""2 ~ . to read and write from dictation words in such language as the Minister may direct; or (c) In respect of the land applied for or held or any part thereof or interest therein, a trustee, agent, or servant of or for any other person; shall be competent to apply for or hold any selection. (2.) Proof that the stock of' any person other than tlie Presumption selector are ordinarily depastured on a s-'lection shall be fdrom t ". pt·t • ma A f ( i fe ' te eVI 'dence.that the sIe etc or ] . 8 a t rust ee 0 f t 1 le epas urmg. selection for the owner of the stock. (3.) Any person under the age of twenty-one years Minors. who holds any selection shall, with respect to the selection; have the same pow-ers and rights and shall be subject to the same duties, liabilities, and obligations in all respects as if he were of the full age of twenty-one years. 60. Any two persons, each of whom is qualified to Joint " apply for or hold a selection not exceeding the area which ownershIp. may be applied for and held by anyone person, may apply for or hold a selection in their joint names as tenants in common or as joint tenants. Such persons shall jointly perform all the conditions to which the selection is subject, "including the condition of pet'sonal residence or the condi- tion of occupation if the selection is subject to either of those conditions. For the purpose of disqualifying the joint holders from applying for or holding another selection, each joint holder shall be deemed to be the holder of the total area of the selection. No transfer ofa share in the selection shall be registered, except a transfer with the consent of the

9692 LAND. PART iv.- SELECTIONS. Land Act. 1 Gm, V. Ko, 15, DIVISION 1.-- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - - - - - - -- General Pro1·isions. Minister, from one joint holder, or the representative of a deceased or insane joint holder, to the other joint holder. Where the selection is subject to the cOlldition of personal residence, no such transfer shall be made during the period for which the selection is subject to that condition. In the event of the insolvency of o'ne of the joint holders, the value of his interest in the selection shall be fixed by the Court. . Within three months after such value has been so fixed, the other joint holder shall be entitled to nominate some qualified person who desires to acquire the interest of tIle insolvent, and such person, upon being approved by the Minister and paying to the trustee of the in$olvent the value of such interest as fixed by the Court, shall become a joint holder of the selection in the place of the insolvent. If within the time aforesaid no person is so nominated, such interest shall be offered for sale by public auction, and the person who at the auction bids the highest amount shall, upon payment of the amount so bid to the trustee of the insolvent, become a joint holder of the selection in place of the insolvent. '1'he costs attendant upon such auction shall be paid by the said trustee out of the proceeds. If no bid is made at the auction, the interest of the insolvent shall be forfeited. Upon payment within three months of the interest of the insolvent in the value of the improvements on the selection, the selection shall vest entirely in the other joint holder. If such payment is not made within such time, the interest of the insolvent in the selection may be disposed of as the Minister thinks fit. Pending the disposal of the interest of the insolvent, the conditions upon \vhich the selection is held may and shall be performed by the other joint holder as if he were the sole selector. Restric!ion. ' 61. Subject to tt is Act, an unmarried female under b on y afpepmliaclaestl.On the age of twenty-one years or • a m •• arried woma • n ' unless 1897, ss. 85A, she has obtained an order for JudICIal separatIOn or an 86. order protecting her separate property, shall not be com- petent to apply for a selection subject to the condition of personal residence. Aliens. 62. If an alien acquires a selection or any estate or 1897, s. 86B. interest in a selection, and does not within five years •

LAND. 969a - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - . PART I V . - 1910. Land Act. SELECTIONS. DIVISioN 1.- &eneral thereafter become a naturalised subject of His Majesty, Provision8. all his right, title, and interest in such selection shall be forfeited. 63. No person who has acquired a grant in his own Rest:iction on right of a Homestead Selection under " The Grown Lands ~ ~ q~ ~ ~~ : ~~ Alienation Act of 1876,"* or any of the Acts thereby in certain repealed, or of an Agricultural - Farm under section ~ ~~ 7; s. 142. seventy-four of " The Grown Lands Act of 1884,"t or of an allotment under section eight of "The Go-operative Communitie.'J Land Settlement Act of 1893 Amendment Aot of 189.')," t or of an Agricultural Homestead under " The Land Act, 1897,"§ or this Act, shall be competent to apply for or hold an Agricultural Homestead. 64. J\ 0 person who holds or has held from the Crown Restdction in his own right any estate or interest, whether of freehold ~ o~! f.: :ds. or leasehold or otherwise howsoever, in any land within 1897,88. 148D, the State shall be competent to apply for or hold a Free 148B. Homestead. 65. The disqualifications and restrictions imposed by J?isqualifica. thI' S A C atga'lnst any person 1 10 Idm' g a se 1 ectI'On, or aga1.nst ! rIeosntrsicatniodns anyone person holding more _than the prescribed area ?-ot to apply o f 1and as a se1ectl·On or seIect'lOns, sha11 not app1 y to mcasceesr.tam any person who becomes entitled to any such selection or 1897, ss. 85, selections as the trustee of the insolvent estate of a previous 124. selector, or as the committee of an insane selector, or as the trustee of a marriage settlement, or as the legatee, executor, or administrator, or one of the next-of-kin of a deceased selector. Applications. 66. (L) Any person desiring to select land shall Applications hl· IDseIf,or by 1l" IS agent appO.ln t ed I.n wrl 't' mg under hI' S twoitbhedleopdogseidt hand, lodge an application in the prescribed form with the of ful~ year' 8 land agent at the place appointed by the notification. ~ ~ ~ ~ , 8:"91, (2.) The application shall be for a portion or 92. contiguous portions as specified in the notification, and when the land is open for selection in alternative modes shall state which mode of selection is desired. (3.) The application shall be signed by the applicant personally, and shall be accompanied by the amount of a full year's rent. *' 40 Vic. No. 15, Cooper's Stats., page 695. t 59 Vic. No. 22, supra, page 5641. E t 48 Vic. No. 28, supra, page 1137. § 61 Vie. No. 25, supra, page 6228. _ .......

9694 LA~ j) . PART IV.- SELECTIONS. DIVISION I. General Provisions. Land Act. Every application for a Free accompanied by a fee of one pound. 1 GEO. Y. No. 15, Homestead shall he (4.) Except in the case of Prickly-pear Selections, the applicant shall, at the time of making his application, lodge therewith one-fifth part of the prescribed survey fee. The applicant for a Prickly-pear Selection shall, at the time of making his application, lodge therewith the whole amount of the survey fee. (5.) Money deposited under this section shall be returned to the applicant if his application is not accepted or approved. 'Proportion '0£ 67. If an applicant applies for a selection comprising !n: : ~ ~ more than one portion, or if an applicant applies for a 1897, s. 87. portion or portions adjoining any land. already applied for lteg.13. or selected by him, the whole area shall not have a greater breadth of frontage to a main road or to a main watercourse than two-thirds of the depth, except in cases where the land applied for comprises the whole of the land available for selection in the immediate neighbour- hood. A.pplicants to attend Com- 68. Every applicant for a selection shall himself, or missioner's by his agent appointed in writing under his hand, appear C R o e u g r .1 t. 4. at the Oommissioner's Court, when his application is dealt with by the Commissioner. If an applicant fails so to appear, his application shall be refused: Provided that the Commissioner may, in his discre- tion, dispense with the attendance of an applicant or his agent if a request to that effect is made, in writing, prior to the sitting of the Court. Ato.pbpelicmataiodnes I . II 6 • 9 • ( \ l.) Ev • ery application for a selection shall be good faith. made III good faIth. 1897, s. 93. (2.) An application shall not be accepted or approved unless the Commissioner or the Court, as the case may be, is satisfied that the application is made in good faith. The burden of proof that an application is made in good faith shall always rest upon the applicant. (3.) An application shall be deemed to he made in good faith when the sole object of the applicant is to obtain the land in order that he may hold and use it for his exclusive benefit. (4.) The fact that two or more applications are made by different applicants for the benefit of one person ..

LAND. 9695 1910. Land Act. PART IV.- SELECTIONS. - - - , - - - - - - - - - - - - - - - - - ~ - - - - - ~~ - ~- - - DIVISION 1.- shall he conclusive evidence that no}:lC of such applications p! ~~: ;:s. is made in good faith. (5.) In any case in which the Oommissioner or the Court, as the case may he, is satisfied that an application is not made in good faith, the Oommissioner or the Oourt may declare that any money lodged with the application, or any part of such 'money, is forfeited. Priority of A.pplications. 70. Applications shall have priority according to the General order of their being lodged with t.he land agent. ~ ~ ! : ! rDing In every case of simultaneous applications, priority i~ ~ 7itt95 .. shall, save as hereinafter provided, be determined by lot ' il;l the prescribed manner. 71. (1.) An applicant for an Agricultural Farm or Pri0r!ty to Prickly-pear Selection. or Perpetual Lease Selection, other ~ ~ ~ ~ ~ : nts than an unmarried female under the age of twenty-one who years ora marrl-ed woman t.un I ess sheah s 0 bta' lnde"an. urensdideer.take to order for judicial separation or an order protecting her 1897, S~. 95A., separate property), who in his application offers that the 96, 98, 136c. selection shall be subject to the condition of personal residence during the first five years of the term, and undertakes to perform that condition, shall have priority: Provided that an applicant who makes such offer as aforesaid shall be bound to perform the condition of personall'esidence in terl1ls of such offer, notwithstanding that he is the only applicant for the land. (2.) When land is open for selection as an Agricuitural Pri~ r~ to I Farm and alternatively as an Agricultural Homestead, and ~ ~ : st~ ~ ~ s. applications to select the same land as an Agricultural Farm and also as an Agricultural Homestead are simul- taneous, the application for the land as an Agricultural Hoinestead shall have priority. ". (;3.) When land is open for selection as an Agricul- Pri~ rity to tural Farm, and alternatively as an Unconditional Selection, ~ ! : : ~ tural and applications to select the same land as an Agricultural Farm and also as an Unconditional Selection are simul- taneous, the application for the land as an Agricultural Farm shall have priority. " ~ " (4.) The Minister may declare land open for per.!'riority f petuallease selection in priority or otherwise to agricultural ~ ~ r; : ~ ~ farm. s e l e c. t i o n ' lease. ~ ~ ~ ielechon. + #

THE SECOND SCHEDULE-continued. LIST OF EXISTING PASTO]U.L HOLDINGS SUBJECT TO PART HI.-continued. i. I ii. Are" In Name or Holding. Square lIIIJes. ill. I iv. RENT. I Date or PerKSIlqeu.are FEonr dPoinrigo. ,," ExLpealrsye.ot ! •. d. v. Special Oonditions. vi. Crown RightS or Resnmption, without Oompensation, to be exercised subject to Section 146 or this Act. I-' 8 If>. Milo ... ,2,ROO W.ARREGO DISTRICT-continued. 15 0 131- 12- 19131- 1~· 44 The existing rabbit-proof fen- (1) One-fourth of the holding may be resumed at any time. ces on the holding to be (2) Should resumption be made as above (l) on or before maintained during the term 31st December, 1924, one-fourth of the remainder of of the lease. the holding may be resumed at any time after that The limitation as to increase date. > orpbefeynrritmoedfnootrrdesotoehtsheaasnnnonetoxoattnpeptp-orlheyace. lxefdcteihneedg (3) Sho3rue1slsdutmrDeeseducmeamfptebtireortn, h' 1an9to2td4ab, teeo. mnea-dhealafsoafbtohvee h( 1o) ldoinngormbaeyfobree : ~ N ' 1 ; ~ " : " : :0 ; - ~ Z t-t Minnie .Downs 241l Moble 228 31 0 30·6·14 131.12-33 The holding to be maintained One-fourth of the holding may be resumed after 31st enclosed during the term of -December, 1913. the lease with a rabbit- proof fence. 20 0 131·12·17131.12.37 I-' q:l ( ( 21) ) SOhnoeu- fldourrethsuomf pthtieonholbdeinmg amdeayabse arbeosuveme( d1)aot naroyrtibmeefo. re ? toj 3th1est hDoledcienmgbmera, y19b2e2,reosnuem- feoduratht aonf ythteimreemaafitnedr etrhaotf :-1 date. ~ (3) Should resumption not be made as above (1) on or before ? I 31st December, 1922, one-half of the holding may be ~ ·resumed after that date. ~

Moolya 130 21 0 131-12-15 131-12-25 Mount Alfrt>d 80 12 6 131-1:!-11 131-12-:37 (1) One-fourth of the holding may be resumed at any time. (2) Sho3u1lsdt Dreescuemmpbteiro, n 19b2e0, moandee- faosuratbhoovfe t(h1e) orenmoarinbdeefroroef . < ff : - - .0 ' ' the holding may be resumed at any time after thal ;=> date. (3) Should resumption not be made.as above (1) on or befo"\e 31st December, 1920, one-half of the holding may be resumed after that date. Seven-sixteenths of the holding may be resumed at apy time. Mount Maria :Mount M"rris 215 467 Mulianna 136 Munberry 313 MUfw('h 361~ 1'3 6 1 aO-6-B 1 30-6-40 Seven-sixteenths of the holding may be resumed at any time. 17 10 1 :ID-6-11 l:i!-12-'U 1The holding to be maintained (1) One-fourth of the holding may be resumed at any timll. enclosed during the term of (2) Should resumption be made as above (1) on or before the lease with a rabbit- 31st December, 1914, one-fourth of the remainder of proof fenee_ the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 31st December, 1914, seven-sixteenths of the holding may be resumed after that date. 17 6 131-12-19 1:11-12-:19 i The existing rabbit-proof fen- (1) One-fourth of the holding may be resumed at any time. ces to be maintained during (2) Should resumption be made as above (1) on or befoTe the term of the lease. 31st December, 1924, one-fourth of the remainder of The limitation as to increase the holding may be resumed at any time after that of rent so as not to exceed date. by more than one-half the (3) Should resumption not be made as above (1) on or before rent for the next preceding 31st December, 1924,. one-half of the holding may 1w period does not apply. resumed after that date. 16 0.131-]2-16131-12-36 (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or beforE' 31st December, 1921, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or befol'p 31st December, 1921, one-half of the holding may h· 17 4!1 30-t'l-H I 30-6-14 I The holding to be maintained resumed after that date. enclosed during the term of the lease with a rabbit- proof fence. ~ ~ ~ > Z t" - I ~. tj C"> • :'"'" ...... 8 o 01 l

i. Name of Holding. ii. Area in Square Miles. THE SECOND SCHEDULE-continued. LIST .oF EXISTING PAST.oRAL H.oLDDWS SUBJECT T.o PART IlL-continued. iii. RENT. I iv. I Date of Per M S l q le u . are) F E o n r d P i e n r g io . ll Ex L; p ~ i a r s y e. of ,. d. [----. v. Special Oonditions. vi. Crown Rights of Resumption, without Compensation, to be exercised subject to Section 146 01 this Act. f-I' r ooo ::;, N errigundah 62 Nickavilla , .. Nive Downs ... 263! 530 Nh'e Juncti.on N.oorama 47' 148 N.orley 115 W ARREGO DISTRICT-continued. 12 6 131-12-20131-12·39 (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) ort or before 31st December, 1925, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before ... >- '" 1373 06 3310-1- 62- - 1164 :3310- - 162-- 3393 The holding t.o be maintained OSenvee-fno- 3ruse1irsxstuhttemDeeonedftcheasmtfhtobeefretrht, hheo1al9htd2oid5nlda,gtione. ngmema-hyaaylfbbeoefrretehssueummheeoddldaitnagfatnemyr atiy3m1bese. t ' ~ " i , : " " l ' . 1 - . I t ~ - : :- j ' enclosed during the term of December, 1!H3. the lease with a rabbit- proof fence. 15 0 11-12-13 30-6-37 Se.en-sixteenths of the holding may be resumed at any tinit!. 33 6 :H-12-15 30-6-34 The h.olding t.o be maintained One-f.ourth of the holding may be resumed after 30th enclosed during the term of the lease with a rabbit- June, 1914. f-I proof fence. 200 31-12·19 31-12-39 The existing rabbit-proof fen- (1) One-fourth of the holding may be resumed at any time. Q ~ c ces to be maintained during (2) Sh.ould resumption be made as above (1) on or before the term of the lease. 31st December, 1924, one-fourth of the rema,inder .of ~ Thobefy lrimemnoitrtaestoitohanasnansoo t tn o et- oihnaeclxrfceetaheseed (3) Shotdhualetde. hreoslduimngptimonaynobte breesmuamdeedasatabaonvye t(i1m) e. ona. fotrerbetfhoaret ? Z rent for the next preceding 31st December, 1924, one-half of the holding may be I t: period does n.ot apply. resumed after that date. ~

I Oakwood 3;J,5t Oakwood South I 215t 27 0 :lO-fi-14 I 30·6-14 The holding to be maintained One-fourth of the holding may be resumed after 30th June, enclosed during the term of 1914. the lease with a rabbit- proof fence. 20 0 I 3')-6-14 I 3(J-fi·31, (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1919, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 30th June, 1919, one-half of the holding may be resumed after that date. I-' (.0 I-' P Orkadilla 86 15 0 1:n-12-181:H-12·2R The holding to be kept free (1) One-fourth of the holding may be resumed at any time. from prickly-pear during (2) Should resumption be made as above (1) on or before the term of the lease. 31st December, 1923, one-fourth of the remainder of The limitation as to increase the holding may be resumed at any time after that of rent so as not to exceed date. • Owangowun ... 51 31 (I 13n.n-Ho 80·6·37 by more than one-half the (3) Should resumption not be made as above (1) on or before rent for the next preceding 31st December, 19~ , one-half of the holding may be N t-I period does not apply. "" Seren-sreixsutemenedthsafotferthtehahtolddaitneg. may be resumed at any time. [ Z p.. p;.. V Pinehill West 3It 5:3 1, gO-(]-}(1 3 l-()·:33 (1) One-fourth of the holding may be resumed at any time. " ;'- I (2) Should resumption lie made as above (1) on or before I 30th June, 1921, one-fourth of the remainder of the I holding may be resumed at any time after that date. I (3) Sho3u0ltdh reJsuunmep, ti1o9n21n,otobnee-mhaaldf e oafs athboeveho(1l) dionng omr abyefobree Pinidary lal~ 1' 1l~ 12~ 3S 2-2 10 0 12·1' resumed after that date. The holding to be enclosed (1) One-fourth of the holding may be resumed at any time. I with a rabbit-proof fence (2) Should resumption be made" as above (1) on or before I" before 30th Jnne, 1911, 31st December, 1923, one-fourth of the remainder of I " a i hned kreemptaisnodeenrcloofsetdhedutreirnmg tdhaete.holding may be resumed at any time after that I \Of the lease. (3) Should resumption 1I0t be made as abo\'e (1) on or before The limitation as to increase 31st December, 1923, one-half of the holding may be I of rent so as not to exceed resnmed after that date. by more than one-half the I rent for the next preceding period does not apply. g I-' o -l 't

THE SECOND SCHEDULE-continued. LIST OF Ei;XTSTING PASTORAL HOLDINGS SUBJECT TO PART III.-continued. I i. ii. ill. iv. v. I --.-, ). RII e o,lloldiug. RENT. I Date of A8'rleuaarIen Per ~ ql1Rr. r FOl" PerIod ExLpeiarsye.of Special Conditions. l11108. __ M_I_le.. _E__ "_d_lng. - - - - - 1 - - - - - - - - - - - - - - - - ----- I. d , vi. Crown Right. of Resumption, without Compensation, to be exercised subject to Section 146 of thle' Act. § "'" (7:; WARREGO DISTRICT--continued. o Pinkilla ... I 311 I 15 I 30-6-19 I 30-6-341 I (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1924, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before to; , Polee ... ... 1 47 I 17 H 1 30-6-Hl 1 30-6-UIThwe ithholdainrgabtboit- bperooefnclfoesnecde ( ( 21)) SOhno3reue- 0sfltdouhumrrJeethudsunoameff, tptehtr1ieo9tnh2h4oa, bltdeiodnnamgetea- mh. daealyfabsoefarbetoshuveeme( hd1o) aldotinnangoyrmtiabmyeefo. b r e e : R C ~ ~ ; O : > . ~ ~ t ~ " before 30th June, 1911, 30th June, 1924, one-fourth of the remainder of the .!""'" and kept so enclosed during holding may be resumed at an:ftime after that date. the remainder of the term (3) Should resumption not be made as above (1) on or before of the lease. 30th June, 1924, one-half of the holding may be The limitation as to increase resumed after that date. of rent so as not to exceed by more than one-half the Prior ... ... I 126 rent for the next preceding W "'" period does not apply. 5 o I 30-6-17-1 30-6-27 I The holding to be kept free (1) One-fourth of the holding may be resumed at any time. from prickly-pear during (2) Should resumptiOli: be made as above (1) on or before ~ the term of the lease. 30th June, 1922, one-fourth of the remainder of the The limitation as to increase holding may be resumed at any time after that date. :1 of rent so as not to exceed (3) Should resumption not be made as above (1) on or bAc,re by more than one-half the rent for the next preceding ~ 30th June, 1922, one-half of the holding may be resumed after that date. period does not apply. . Riversleigh ... I 153~ I 14 o ) 30-6·14 131.12·37 I - "'" <:)1

South 438 Comongin Stirton 1# Stockade Creek 255 Tanghalt 182 Tarbarra 134 14 6 30-6-16 I 30·6·48 The holding to be maintained One-fourth of the holding may be resumed after 30th enclosed during the term of June, 1916. the lease with a rabbit- proof fence. f-' to f-' ? 20 0 1 30-6·17 I 30-6-37 (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1922, one-fourth of the remainder of the holding may be resumed at any time after that aate. (3) Should reS/Umption not be made as above (1) on or before 30th June, 1922, one-half of the holding may be resumed after that date. 10 0 1 30·6-17 I 30-6·27 (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1922, one-fourth of the remainder of the holding may be resumed at any time after that date. tR) Sho3u0ltdh reJsuunmep, ti1o9n22n,otobnee-mhaaldf e oafs athboeveho(1l) dionng omr abyefobree § N t1 17 6 131·12·18 l:3i-12.28 Thweithhoaldinrgabtboit- pbreooefncfleonsecde ( ( 1 2 ) ) OShnoreeu- sfldouumrreethdsuoamfftptehtrieotnhhoalbtdeidnmagtaemd. aeyabse arbeosuvme e(d1)atonanoyrtibmeefo. re ~ ~ C Z ~ l before 30th June, 1911, " 31st December, 1923, one-fourth of the remainder of ;<- and kept so enclosed during the holding may be resumed at any time after that the remainder of the term date. of the lease (3) Should resumption'not be made as above (1) on or before The limitation as to increase 31st December, 1923, one-half of the holding may be of rent so as not to exceed resumed after that date. by more than one-half the rent for the next preceding period does not apply. 20 0 131-12·19131-12-391 The ('xisting rilhbit.proof (1) One-fourth of the holding may be resumed at any time. fences to be maintained (2) Should resumption be made as above (1) on or before during the term of the lease 31st December, 1924, one-fourth of the remainder of The limitation as to increase the holding may be resumed at any time after that of rent so as not to exceed date. by more than one-half the (3) Should resumption not be made as above (1) on or before rent for the next preceding 31st December, 1924, one-half of the holding may be period does not apply. resumed after that date. f-' o oo ~ ~

, ~ THE SECOND SCitEDULE-c ntinued. LIST 01' EXISTING PASTORAL HOLDINGS SUBJECT TO PART lII.-continued. i. ii. iii. iv. v. vi. Xame of Uulding. _ . _ •• _ _0 _ _ 0. ; Area in Square Mile•. ----.---- RENT. I Per Square For Period !IiIe. Ending. - ~ - - -- - '0 d. I Date or Ex~ 1ry or ase. - - - _ .. . 1 Sptelal Conditions. - Crown Rights of Resumption, without Compensation, to be exereise4 subjeot to Section 146 of this AOL. - 'fathumnarra 21) Tilbooroo and . 883~ Eulo Tinderry 224 WARREGO DISTRICT-continued. 35 0 130-6-18 I 30-6-28 (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 80th June, 1923, on('-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or l;Iefore t-t 30th June, 1923, one-half of the holding may be ~ t-t resumed after that date. ~ >- ~ 14. 6 1~ 1- 12- 14 131-12-46 1The holding to be maintained (1) One-fourth of the holding may be resumed at any time. ~ ('> enclosed during the term (2) Should resumption be made as above (1) on or before :"" of the lease with a rabbit- 30th June, 1915,one-fo:urth of· the remainder of the proof fence. holding may be resumed at any time after that date. (8) Should resumption not be made as above (1) on or befor~ 80th June, 1915, one-fourth of the holding may be resumed after that date. 15 0 1 30-6-16 1 30-6-47 1The holding to be enclosed lOne-fourth of the holding may be resumed at any time with a rabbit-proof fence before 30th June, 1911, and kept so enclosed during the remainder of the term of the lease. The limitation as to increase of rent so as not to exceed oy more than one-half the rent for the next preceding period does not apply. ,.... ~ ~ Z 9 ,.... 9"'

Tinnenburra 1, 546~ Tintinchillll ... 250 Tobermory ... 161 25 0 30-6-14 I ao 6-44 The holding to be maintained One··fonrth of the holding may he resumed after 30th enclosed during the term of June, 1914. the lease with a rabbit- proof fence. I 7 5§:31-12.081;H-12-15 The holding to be maintained enclosed during the term I of the lease with a rabblt c proof fence. I'" , 0 '-14 I aO-6-W One-fourth of the holding may be resumed at any time. f-' ~ f-' P TobermlJry West Toompine 21 17 6 I 30-6-16 I 30-6-48 One-fourth of the holding may be resumed at any time.. 222~ 17 6 30·6-18 I 30-6-48 I The holding to be enclosed lOne-seventh of the holding may be resumed at any time. with a rabbit-proof fence before 30th June, 1911, and kept so enclosed during the remainder of the term of the lease, and the lessee to expend a ~ llm of ten shillings 1 t'I' Hl'la ,. II,ilc per annum in the destruction of rabbits. The limitation as to increase of rent so as not to exceed by more than one-half the rent for the next preceding period does not apply. : ; i t ; ; ; : : - s l , .. i . t ; - > I C ~ ':> t Z :I :-'" Trochu 50 31 0 1 30-6-17 I 3}-6-37 (I) One-fourth of the holding may b(' resumed at any time. (2) Should resumption be made as above (1) on or befor!! 30th June, 1922, one-fourth of the remainder of the holding may be resumed at any time after that date. t3) Should resumption not be made as above (1) on or before 30th June, 1922, one-half of the holding may be resumed after that date. ~ .\

THE SECOND SCHEDULE-cul1tinued. LIST OF EXISTING PASTOILH HOLDINGS SUBJECT TO PART III.--(ontinlied. i. Name of Holding. ii. ',. Are,l ill iii. RENT. I iv. I Date of S M qu il a e r s. e l' ~ ~ ll S .. q .. t e l . a 4 re ,]\; l , . r nu p m er g i . ~~ Ex L p e i a r s y e. of ---- 8. d. v. Special Conditions. vi. Crown Rights of Resumption, without Compensati(JU, to be exeroised suhject to Section 146 or this Act. - l-' oo l-' ~ Ty11 ngra Unah ... Varna WARREGO DISTRICT-continued. 139 20 0 30·6·18 1 30·6·38 I The holding to be enclosed (1) One-fourth of the holding may be resumed at any time. with a rabbit·proof fence (2) Should resumption be made as above (1) on or before before 30th June, 1911, 30th June, 1923, one-fourth of the remainder of the and kept so enclosed during holding may be resumed at any time after that date. the remainder of the term (3) Should reSlUlnption not be made as above (1) on or before of the lease. The limitation as to increase of rent so as not to exceed by more than one,-half the "" 3re0stuhmeJudnaef, ter19t2h3a,t doantee-. half of the holding may be ~ t ~ -; Z > t t " j rent for the next preceding " ;+- period does not apply. 90! 15 0 1 30·6·17 1 30·6·37 211 7 6 131.12·14131.12.34 (1) One·fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1922, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on 01' before 30th June, 1922, one-half of the holding may be resumed after that date. (1) One-fourth of the holding may be resumed at any time. (2) 'Should resumption be made as above (1) on or before 31st December, 1919, one-fourth of the remainder of the holding may be resumeq at any time after that date. ' (3) Should resumption not be made as above (1) on or before 31st December, 1919, one-half of the holding may be resumed after that date. f-' Q ~ ~ Z ? f-' ell

Wathopa t.:l ~ 92 Weel~ murra 14.2 Werie Ela ... Widgeegoara 157t 88 Wild ... Wild North ... 56~ 15~ Wonpa 60 Woodburn ... 67 15 0 131-12-19131-12-39 I The holding to be enclosed (1) One-fourth of the holding may be resumed at any time. with a rabbit-proof fence (2) Should resumption be made as above (1) on or before before 31st December, 1911, 31st December, 1924, one-fourth of the remainder of and kept so enclosed during the holding may be resumed at any time after that the remainder of the term date. of the lease. (3) Should resumption not be made as above (1) on or before The limitation as to increase 31st December, 1924, one-half of the holding may be of rent so as not to exceed resumed after that date. by more than one-half too rent for the next preceding period does not apply. 36 0 1 30-6-14131-12-341 The holding to be maintained One-fourth of the holding may be resumed after 31st enclosed during the term of December, 1914. the lease with a ralibit- proof fence. 17 6130-6-141 30-6-46 One-fourth of the holding may be resumed at any time. f-' Cl:' f-' P 36 0 31-12-14131-12-34 Thetehnechloollsdeeiadnsgedutorwinibtgehtmhaeaitnertarabminbeiotd- f One-foDuertchemobfer,th1e914h.olding may be resumed after 31st R i ; t ; ; - s l . i . ~ po. proof fence. 8 0 \30-6-14\30-6-46 One-fourth of the holding may be resumed at any time. ~ I Z ;j C':> ;;. 12 6 31-12-13 31-12-33 10 0 1 30-6-20 1 30-6-41.' 7 6 131-12-14131-12.211 .., (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 31st December, 1918, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 31st December, 1918, one-half of the holding may be resumed after that date. (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1925, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 30th June, 1925, one-half of the holding may be resumed after that date. One-fourth of the holding may be resumed after 31st December,,1915. g f-' . c .. o ..

i. Name of Holding. ii. Area in Square Miles. THE S'ECOND SOHEDULE-c<JlItlnu"d. LIIIT· OF EXISTING PA8TORAL HOLDINGS SUBJECT TO PART III.-continu"d. iu. RIi>NT. Per Square For Period Mile. Ending. .. ", iv. Dateot Expiry of Lease. v. Speoial Conditions. vi. Crown Rights of Resumption, without Oompensation. to be exercised subject to Section 146 of this '\,It. . -. - .- - ~~ - .- . -- - .. § ~ WARREGO DISTRICT-c01ltinued. WooIga ... [ 50 [ 20 o I 30-6-20 I 30-6-30 1 I (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1925, one-fourth of the remainder of the holding may be resumed at any time a.fter that date. Yapen~ lly ... 1 181 >- (3) Shor3eu0sltduhmreJesudunmaefp, teti1ro9nt2h5na, ottodbnaeet- emh. aaldf e oafs athboeveho (1 l ) di O n D g omr bayefobree 1 ~ ~ ~ :1 l:"1 1 15 0.1 30-6-18 1 30-6-S8 1Thwe ithholadinrgabtboitlbterooefnclfoesnecde ( ( 12) ) SOhnoeu-lfdourrethsuomf pthtieonhobldeinmgamdeayabse arbeosuveme ( d 1) aot nanoyrtibmeefo. re : ' ~ " -.. t Z ::J before 30th une, 1911, 30th June, 1923, one-fourth of the remainder of the and kept so enclosed during holding may be resumed at any time after that date. the remainder of the term (3) Should resumption not be made as above (1) on or before of the lease. 30th June, 1923, one-half of the holding may be The limitation asw increase resumed after that date. of rent so as not to exceed by more than one-half .the rent for the next preceding i-' period does not apply. Yarmouth ... I 165t 1 18 o I 30-6-14 I 30-6-46 I The holding to be maintained (1) One-fourth of the holding may be resumed at any time. Cj:l t:l ~ ethncelosleeadsdeurwinitghthae trearbmbiotf- (2) Sho3u1lsdt Dreescuemmpbteior, n .1b.9e16, moandee- faosuratbhovoef t ( h 1 e ) orenmoarindbeefrooref ~ proof fence. tdhaete.holding may be resumed at any time after that Z ~ (3) Should resumption not be made as above (1) on or before I-' 31st Decemfier, 1916, seven-sixteenths of the holding ~ ~ may be resumed after that date.

Yarrabuta ... 120 Yarrawonga ... 76i I 20 0 131·12·19 131·12.39 'the existing rabbit.proof (1) One-fourth of the holding may be resumed at any time. fences to be maintained (2) Should resumption be made as above (1) on or before during the term of thc lease. I 31st December, 1924, one-fourth of the remaind-er of The limitation as to increase the holding may be resumed at any time after that of rent so as not to exceed date. . by more than: one-half the (3) Should resumption not be made as above (1) on or before rent for the next preceding 31st December, 1924, one-half of the holding may be period does not apply. resumed after that date. ~ '" f-' 9 16 6 1 30·6·16 1 30·6·27 Yarrawonga 3l! 25 0 \ 30·6·17 \ 30·6·35 North ... (1) One-fourth of the holding may be resumed at any time. (2) Should resumption be made as above (1) on or before 30th June, 1922, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 30th June, 1922, one-half of the holding may be l:-i Yarronvale 669, 12 6 1 30·6·16 131.12.37 ... Seven- rseisxutemeendthasfotefrththeahtodldaitneg. may be resumed at any time. ; i ~ ; : l 2 ... ~ r C p " ; > .. Z t:J Yowah 117 22 6 \31.12·15 181.12·25 ••• (1) One-fourth of the holding may be resumed at any time. :* (2) Should resumption be made as above (1) on or before 31st December, 1920, one-fourth of the remainder of the holding may be resumed at any time after that date. (3) Should resumption not be made as above (1) on or before 31st December, 1920, one-half of the holding may be I resumed after that date. Turimbin 116 15 0 J;n·12.19 \31·12·39 I The existing rabbit.proof (1) One-fourth of the holding may be resumed at any time. fences to be maintained (2) Should resumption be made as above (1) on or before during the term of the lease. 31st December, 1924, one-fourth of the remainder of 'fhe limitation as to increase the holding may be resllmed at any time after that of rent so as not to 'exceed date. by more than one-half the (3) Should resumption not be made as above (1) on or befoIe rent for the next preceding 31st December, 1924, one-half of the holding may be period does not apply. resumed after that date. r-' oo f-' <:"

10016 LAND. Land Acf. 1 GEO. V. No. 15, lino. [Section 156.J THE THIRD SCHEDULE. MEMORANDUM OF MORTGAGE. I, A.B., of being the registered lessee of [ilescribe the holdin.'1 and numb81' of the lease] under Part Ill. [01' Part IV.] of I I · "The Land .Act of 1910" in consideration of the sum of lent I I to me by [or due by me to] C.D., of , hereby mortgage the said holding to him. And 1 do hereby covenant and agree with the said C.D; that I will pay him the said sum on [here insert day appointed for payment, covenantfor pa.'1ment of interest, and such other COVtmants as may be agreed upon]. And in default of performance, on my part, of the above covenants or any of them, I authorise the said C.D. to enter upon and take and retain possession of the holding or to. sell the said holding in accordance with the said Act. In witness whereof I have hereto signed my name, -this day of . . 19 . A..B. Signed by the abovenamed A.B., as mortgagor, this.' day of 19 , in my presence. RF., .T.P. [Section 100.] THE FOURTH SCHEDULE. AMOUNT TO BE PAID DURING ANY YEAR AFTEB THE FIFTH TO MAKE AN AGRICULTURAL FARM FREEHOLD IN RESPECT OF ]lACH £100 OF THB PRESCRIBED PURCHASING PRICE.. During 6th year " " " " " " " 111lO897321ttttttthhhhhhh " " " " " " " £ s. a. 62 18 2 61 19 8 61 0 8 60 1 2 59 1 2 58 0 8 56 19 8 55 18 2 During 14th year " 15th" . " " " " 2111109768ttttthhhhh " " " " " " 21st " " £ s. a 54 16 2 53 13 7 52 10 5 51 6 8 50 2 4 48 17 5 47 11 10 50 0 0 [Section 114.] THE FIFTH SCHEDULE. AMOUNT TO BE PAID DURING ANY YEAR TO MAKE AN UNCONDITIONAL SELECTION FREEHOLD IN RESPECT OF EACH £100 OF THE PRE- SCRIBED PURCHASING PRICE. . During 1st year " 2nd" " " " " 36745rtttthhhhd " " " " " " 98tthh " " , ; " , lOth " " ..£ s. d. 74 17 11 71 15 4 68 11 3 65 5 6 I'" 61 18 2 58 9 1 54 18 4 51 5 9 47 11 5 43 15 2 During llthyear " " " " " " " " ·11111111,28594736tttttttthhhhhhhh " " " " " " " " ~ £ 8. d. 39 17 1 35 17 0 31 14 11 27 10 10 23 4 7 1816 2 14 5 7 9 12 9 4 17 7